HomeMy WebLinkAboutUntitled (4) RESOLUTION NO. 5544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A FUNDING AGREEMENT BETWEEN THE
CITY OF AUBURN AND SOUND TRANSIT RELATING TO THE
REGIONAL GROWTH CENTER ACCESS IMPROVEMENTS
PROJECT
WHEREAS, the City of Auburn ("City") identified the need for improvements
to the intersections of Auburn Avenue/3rd Street NE and Auburn Way N/4th Street
NE and included them in the City's adopted Transportation Improvement Plan
("TIP") as project TIP R-16 ("Project"); and
WHEREAS, the Project will improve non-motorized and transit access to
the Auburn Station; and
WHEREAS, Sound Transit and the City have a joint interest in delivering
on accessibility improvements near Auburn Station; and
WHEREAS, Sound Transit selected the Project to receive funding in the
amount of$1,625,000.00 from the Sound Transit System Access Fund; and
WHEREAS, City funding in the amount of $385,000.00 is needed to fully
fund the Project and is included in the proposed 2021-2022 City Budget; and
WHEREAS, it is in the best interest of the City to use partnership and grant
monies to finance capital improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 5544
8/21/2020
Page 1
Section 1. The Mayor and City Clerk are hereby authorized to execute a
a funding agreement between the City and Sound Transit, in substantial
conformity with the agreement attached, marked as Exhibit "A" and incorporated
by this reference.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this 7th day of December, 2020.
CITY OF AUBURN
ANCY r'_ _ ., ..),,i4
US
MAYOR
ATTEST:
_ <
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
Kendra Comeau,
City Attorney
Resolution No. 5544
8/21/2020
Page 2
DocuSign Envelope ID:68F64649-96FB-4C5F-8ABB-50117101 B632
SYSTEM ACCESS FUND PROJECT AGREEMENT
BETWEEN CITY OF AUBURN AND THE CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY FOR
ACCESS IMPROVEMENTS NEAR AUBURN STATION
GA 0166-20
This Agreement, made. and entered on 12/14/2020 , between the City of Auburn
(hereinafter"City"),,and the Central Puget Sound Regional Transit Authority,(hereinafter"Sound
Transit");
WHEREAS, the Sound Transit -3 ("ST3") high capacity transit system expansion plan was
approved by the voters in November 2016 and includes a$100 million System Access Program to
_ "fund suchprojects as safesidewalks and protected bike lanes, shared use paths, improved bus-
rail integration, and new pick-up and drop-off areas that provide convenient access so that more
people can use Sound Transit services;"
WHEREAS, Sound Transit opened the System Access Fund 2019 Call for Projects in February
2019 and subsequently evaluated applications from local governments against evaluation criteria
identified by the Sound Transit Executive Committee;
WHEREAS, at the conclusion of the public comment period and online open house in August
2019, the Sound Transit Board of Directors approved 30 applications from 27 local governments
on September 26, 2019;
WHEREAS, Sound Transit and the City have a joint interest in delivering on accessibility
improvements near Auburn Station, (hereinafter the "Project"), which was duly approved by the
Sound Transit Board as part of the System Access Program by virtue of M2019-97;
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances
contained herein, or attached and incorporated and made a part hereof, it is mutually agreed as
follows:
1. GENERAL
1.1. Purpose. The intent of this Agreement is to establish the terms and conditions for the eligible
work to be performed for the Project during the duration of this Agreement. Attached hereto
as Exhibit A, is the Scope of Work and Deliverables, which outlines the activities, products
and general capital improvements eligible for funding by Sound Transit,as presented to Sound
Transit in the City's application for Project funding. Funds may be expended on eligible
elements listed in Exhibit A up to the not to exceed amount outlined in Section 1.2 below.
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1.2. Agreement Not-to-Exceed Amount. The total amount of the Agreement shall not exceed
$1,625,000.00.No payments will be made in excess of the established not-to-exceed amount
according to the Project Description outlined in Section 2.1 below.
The funding amount provided by Sound Transit does not include federal funding.
2. PROJECT DESCRIPTION
2.1. The Project is access improvements near the Auburn Station as identified in Exhibit A, Scope
of Work and Deliverables. Sound Transit funding will support two Phases:
2.1.1. Design Phase. The City will design the access improvements. The Design Phase is
expected to require $325,000.00 of the total Not-to-Exceed amount noted in Section
1.2. Any work in the Design Phase exceeding $325,000.00 must be approved by
Sound Transit. To be reimbursed for the Design Phase, the City must provide the
following: 1) Exhibit B, Project Funding Plan; 2) Exhibit C, Funding Certification
Letter for the Design Phase, 3)Exhibit D,Project Schedule,4)Exhibit E,Engineer's
Estimate.
2.1.2. Construction Phase. The City will construct the Project. To be reimbursed for the
Construction Phase, the City must provide the following: 1) completed design plans
for Sound Transit review, 2) updated Exhibit B, Project Funding Plan; 2) Exhibit F,
Funding Certification Letter for the Construction Phase; 3) updated Exhibit D,
Project Schedule; 4) Exhibit G, Environmental Review Certification; 5) Exhibit H,
ROW Certification; 6)updated Exhibit E,Engineer's Estimate
3. PROJECT MANAGEMENT
3.1. Designated Representatives. The City and Sound Transit have designated formal points of
coordination for this Agreement. The Designated Representatives shall communicate
regularly to discuss the status of the tasks to be performed,to identify upcoming decisions
related to the Project,to provide any information or input necessary to inform those
decisions, and to resolve any issues or disputes related to the Project consistent with this
Agreement.
The Designated Representatives are:
CITY SOUND TRANSIT
Ryan Vondrak Alex Krieg
Capital and Construction Eng. Mgr. Deputy Director, Planning&Integration
25 West Main Street 401 S Jackson St
Auburn, WA 98001 Seattle WA 98104
253-931-3086 206-903-7663
rvondrak@auburnwa.gov Alex.Krieg@soundtransit.org
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The Parties may change designated representatives by written notice to the other Party during
the term of the Agreement.
3.2. Reporting Requirements. The City is required to submit a Quarterly Progress Report to Sound
Transit's Designated Representative to include the below elements (Exhibit I: Template for
Reporting Requirements). The report may include supporting documentation (photos, City
documentation, financial information, etc.).
3.2.1. Project Update. Status of major activities including, Phase 1-Design and Phase 2-
Construction, in the reporting period, both current and upcoming.
3.2.2. Assessment of on-going risks. The City will notify Sound Transit of any issues that
may affect the Project Schedule and overall implementation of the Project.
3.2.3. Project Funding. Summary of expenditures during reporting period, and expected
expenditures in the subsequent reporting period.
3.3. Eligible Costs. Eligible costs include actual costs identified in Exhibit A, Scope of Work and
Deliverables.
3.4. Additional Project Funding. The Not-to-Exceed funding amount in Paragraph 1.2 represents
approximately eighty percent (80%) of the total Project cost. The City is responsible for
obtaining the balance of the Project funding described in the Funding Plan attached as Exhibit
B.
3.5. Project Schedule. The parties agree to the project schedule identified in Exhibit D, Project
Schedule. The City shall complete all work and deliverables of the Project by one year after
the expected project completion date shown in Exhibit D,Project Schedule, unless otherwise
mutually agreed in writing by both Parties.The City is responsible for notifying Sound Transit
of any material changes to the Project Schedule and rationale for the change in writing as part
of its quarterly reporting requirements.
3.6. City Work. The City is solely responsible for the environmental review, design, permitting,
construction, project and construction management of all applicable Project elements
including, but not limited to, procurement and construction administration. The City is
responsible for all costs relating to the operations or maintenance of service and capital
improvements related to the Project upon its completion. The City will be the owner of the
completed Project. Sound Transit is not responsible for funding any service operations or for
maintenance of any improvements implemented under this Agreement.
3.7. Signage.Any identification signage that is used during the Project shall identify Sound Transit
as a funding partner.
3.8. Design Review. The City shall provide Sound Transit the opportunity to review design plans
at milestones identified in Exhibit D, Project Schedule.
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3.9. Project Closeout. Before payment of the final invoice, the City and Sound Transit will meet
to ensure final deliverables are complete per Exhibit A, Scope of Work and Deliverables.
4. INVOICING
4.1. The City will submit quarterly invoices and supporting documentation that align with the
Scope of Work and Deliverables for payment (See Exhibit J, Invoice Template). The
invoices must include the Sound Transit purchase order number provided by Sound Transit.
4.2. The City will submit its invoices with the required documentation, in two .pdf files, via email
to accountspayable@soundtransit.org (and carbon copying Sound Transit's Designated
Representative). Invoices will be paid within thirty (30) calendar days of Sound Transit's
receipt of the invoice and acceptable and complete supporting documentation.
4.3. The City agrees that within forty-five (45) calendar days of the City's acceptance of work for
each Phase to submit a final (closing) invoice for that phase.
4.4. If Sound Transit determines that an invoice lacks sufficient documentation to support
payment, Sound Transit will notify the City of its determination and request that the City
provide additional documentation. Sound Transit may withhold payment of the invoice until
supporting_documentation is provided, however such approval shall not be unreasonably
withheld.
5. TERM, SUSPENSION,AND TERMINATION
5.1. Term. This Agreement shall take effect upon the last date of signature by the Parties as set
forth below. This Agreement shall remain in effect until 180 consecutive days following
Project completion, unless extended by mutual written agreement of the Parties, superseded
by a future agreement, or suspended or terminated in accordance with this Section 5.
5.2. Termination by Sound Transit. Sound Transit may terminate this Agreement by written notice
under the following circumstances:
5.2.1. If work as defined in Exhibit A is not completed by one year after the expected project
completion date shown in Exhibit D,Project Schedule, unless otherwise agreed to by
the Parties.
5.2.2. If the City fails to make progress towards completing the Project and the City has not
provided adequate assurances of its desire or ability to complete the Project and
commence operations.
5.2.3. Force Majeure. The provisions of this Section 5.2 shall not apply to the extent that
the City's failure complete the work or to make progress toward its completion is due
to circumstances beyond the City's control, including, but not limited to: inclement
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weather, acts of war, fire, ransomware attack or cyberattack, earthquake, flood, act of
God, strikes, work stoppages, or other labor disturbances, inability to procure labor,
equipment, facilities, materials or supplies in the open market, failure of
transportation, riots or civil commotions, litigation, war or other act of any foreign
nation, power of government, or governmental agency or authority, or vandalism.
Upon removal or termination of the Force Majeure Event, the City party shall
promptly perform the affected obligations in an orderly and expedited manner. The
City shall use all commercially reasonable efforts to eliminate or minimize any delay
caused by a Force Majeure Event contemplated by this paragraph 5.2.3.
If the Agreement is terminated under this Section 5.2,the City shall reimburse Sound Transit
the full amount of all payments it made to the City under this Agreement within ninety (90)
calendar days of the date of.termination. The City may ask for an extension of time to
complete the Project for good cause. Sound Transit's agreement to extend the completion will
not be unreasonably withheld.
5.3. Termination by Either Party. Either Party may terminate this Agreement for cause in the event
that the other Party fails to fulfill its material obligations under this Agreement in a timely
manner or breaches any material provision of this Agreement and the Dispute Resolution
Process has failed to reach resolution within the timelines described therein.The Party wishing
to terminate this Agreement for cause will provide the other Party with written notice of its
intent to terminate and will give the other Party an opportunity to correct the failure to perform
or breach within thirty (30) calendar days of the notice or within such longer period as may
be necessary in the event that correction cannot reasonably be accomplished within thirty(30)
calendar days. If the failure or breach is not corrected or cured, this Agreement may be
terminated by the aggrieved Party by giving ninety (90) calendar days' notice to the other
Party.
5.4. Except as provided in this Section, a termination by either Party will not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any
costs incurred prior to proper notification of termination will be borne by the Parties in
accordance with the terms of this Agreement.
6. INDEMNITY
6.1. To the maximum extent permitted by law, the City will hold harmless from, and indemnify
and defend Sound Transit (including its board members, officers, directors and employees)
(the "Indemnified Parties") from and against any and all claims, demands, losses, lawsuits,
actions, or liability of any kind or nature, arising out of or relating to the City's design,
construction, maintenance or operation of the Project, including claims by the City's
employees. THE CITY SPECIFICALLY ASSUMES POTENTIAL LIABILITY FOR
ACTIONS BROUGHT BY THE CITY'S OWN EMPLOYEES OR FORMER
EMPLOYEES AGAINST ANY INDEMNIFIED PARTY,AND FOR THAT PURPOSE
THE CITY SPECIFICALLY WAIVES ALL IMMUNITY AND LIMITATIONS ON
LIABILITY UNDER THE WORKERS COMPENSATION ACT,RCW TITLE 51, OR
ANY INDUSTRIAL INSURANCE ACT, DISABILITY BENEFIT ACT OR OTHER
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EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD
OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. THIS
INDEMNITY OBLIGATION SHALL NOT BE LIMITED BY ANY LIMITATION ON
THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS
PAYABLE BY OR FOR THE CITY OR A CONTRACTOR UNDER WORKERS'
COMPENSATION, DISABILITY BENEFIT OR OTHER EMPLOYEE BENEFITS
LAWS. THE CITY RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY
ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION.
PROVIDED, HOWEVER, THE CITY'S WAIVER OF IMMUNITY BY THE
PROVISIONS OF THIS PARAGRAPH EXTENDS ONLY TO CLAIMS AGAINST
THE CITY BY SOUND TRANSIT, AND DOES NOT INCLUDE, OR EXTEND TO,
_ ANY CLAIMS BY THE CITY'S EMPLOYEE(S) DIRECTLY AGAINST THE CITY.
The foregoing indemnity applies only to the extent of the City's negligence.
6.2. The City further agrees to assume the defense of the Indemnified Parties with legal counsel
acceptable to Sound Transit,whose acceptance shall not be unreasonably withheld.In all legal
or claim proceedings arising out of, in connection with,or incidental to the City's work or that
of its contractors, subcontractors of any tier, suppliers, consultants and sub-consultants. The
City shall pay all defense expenses, including attorney's fees, expert fees, and costs incurred
directly orindirectly on account of such litigation or claims, and shall satisfy any judgment
rendered in connection therewith.The City may settle any suit, claim,action cost, loss penalty
or damages, subject to the approval of Sound Transit, whose approval shall not be
unreasonably withheld, if such settlement completely and forever extinguishes any and all
liability of the Indemnified Parties. In the event of litigation between the Parties hereto to
enforce the.rights under this provision, reasonable attorney fees shall be allowed to the
prevailing party.
6.3. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise
in relation to this Agreement, and each Party will fully indemnify and hold the other Party, its
officers, agents and employees harmless from any tax liability owed by the other Party arising
from or related to the transactions set forth herein, including, but not limited to, any taxes,
penalties, fines,and/or interest that are assessed by any tax authority against the indemnifying
Party and further including all attorneys' fees and costs incurred in response to any claims or
assessments by any tax authority against indemnifying Party, its officers, agents and
employees.
6.4. The obligations in this Section will survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or
completion.
7. AUDITS
7.1. Each Party will maintain accounts and records, including contract and financial records that
sufficiently and properly reflect all direct and indirect costs of any nature expended for work
performed under this Agreement so as to ensure proper accounting for all monies paid to the
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City by Sound Transit. These records will be maintained for a period of six (6) years after
termination or expiration of this Agreement unless permission to destroy the records is granted
by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties.
7.2. The City will make all Project records available for Sound Transit inspection upon prior
written reasonable request. Audits may be performed by Sound Transit or its independent
public accountants to ensure compliance with and enforcement of this Agreement. Should the
audit determine that funds from Sound Transit have been used for expenses that were
ineligible, then Sound Transit shall provide a copy of the auditor's determination to the City.
If the City agrees with the determination, then the City will reimburse Sound Transit the
amounts found to have been ineligible. If the City disputes the auditor's determination, then
the matter shall be referred to the Dispute Resolution Process set forth in Section 9.
8. INSURANCE
8.1. Coverage. During the construction phase of any eligible elements within the Project, the
City shall provide-primary insurance coverage in the amounts that it deems necessary for
construction projects of similar size and cost. If the City is self-insured, it shall provide to
Sound Transit's risk manager a certificate of self-insurance. The City shall require their
contractor(s) and sub-contractors to obtain and maintain insurance in amounts and types
suitable to protect Sound Transit and the City from exposures presented by the work
performed under this Agreement. The minimum insurance requirements during the entire
term of this Agreement are set forth below:
a) Commercial General Liability in the amount of two million dollars ($2,000,000) each
occurrence limit,two million dollars ($2,000,000) general aggregate limit, covering bodily
injury including death,personal injury, property damage, Employers' Liability and
contractual coverage endorsements, and utilize insurers and coverage forms acceptable to
Sound Transit.
b) Commercial Auto Liability coverage for bodily injury and property damage utilizing
insurers and coverage forms acceptable to Sound Transit, with a limit of at least one million
dollars ($1,000,000)combined single limit.
c) Worker's Compensation insurance coverage, where applicable, shall comply with State of
Washington Labor and Industries requirements.
d) Builders Risk coverage will be the responsibility of all contractors and subcontractors.
e) Pollution Liability(if there is any potential environmental liability exposure) in the
amount of one million dollars($1,000,000) each occurrence and two million dollars
($2,000,000) aggregate.
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f)Professional Liability (if there is a potential professional liability exposure) in the amount
of one million dollars ($1,000,000)per claim.
8.2. Certificates. With the exception of self-insurance, certificates of insurance must name
Sound Transit as an "Additional Insured," and shall reference the number and title of this
Agreement. All insurance coverage obtained by the City or its contractors and
subcontractors must name Sound Transit, its officers and employees as "additional
insured's" and contain "severability of interest" (cross liability)provisions. The City's and
the contractor's insurance policies shall be primary to and not contributing with any
insurance or self-insurance that may be carried by Sound Transit and waive their right of
Subrogation against Sound Transit. Certificates of Insurance, including the Additional
Insured Endorsements, Waiver of Subrogation Endorsements and Primary and Non-
Contributory Endorsements, will be provided to Sound Transit before the start of any work
performed under this Agreement.
9. DISPUTE RESOLUTION
9.1. Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be
governed under the dispute resolution provisions in this Section 9. The Parties agree that
neither Party may take or join any action in any judicial or administrative forum to challenge
the other Party's performance under this Agreement until the dispute resolution process in this
Section 9 has been exhausted.
9.2. The Parties agree that cooperation and communication are essential to resolving issues
efficiently. The Parties agree to use their best efforts to prevent and resolve potential sources
of conflict at the lowest level possible.
9.3. Either Party may refer a dispute to the dispute resolution process by providing written notice
of such referral to the other Party's Designated Representative. The Parties agree to use their
best efforts to resolve disputes arising out of or related to this Agreement using good faith
negotiations by engaging in the following dispute resolution process should any such disputes
arise:
a. Level One - Sound Transit's Designated Representative and the City's Designated
Representative shall meet to discuss and attempt to resolve the dispute.in a timely
manner. If they cannot resolve the dispute within fourteen (14) calendar days after
referral of that dispute to Level One, either party may refer the dispute to Level Two.
b. Level Two - Sound Transit's Project Director of Planning & Integration, Office of
Planning & Innovation and the City's Engineer shall meet to discuss and attempt to
resolve the dispute in a timely manner. If they cannot resolve the dispute within
fourteen (14) calendar days after referral of that dispute to Level Two, either Party
may refer the dispute to Level Three.
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c. Level Three - Sound Transit's Executive Director, Office of Planning &Innovation,
or Designee and the City's Public Works Director or Designee shall meet to discuss
and attempt to resolve the dispute in a timely manner.
9.4. In the event the dispute is not resolved at Level Three within fourteen(14) calendar days after
referral of that dispute to Level Three,the Parties are free to file suit, seek any available legal
remedy, or agree to alternative dispute resolution methods such as mediation. At all times
prior to resolution of the dispute, the Parties shall continue to perform any undisputed
obligations and make any undisputed required payments under this Agreement in the same
manner and under the same terms as existed prior to the dispute.Notwithstanding anything in
this Agreement to the contrary,neither Party has any obligation to participate in mediation or
any other form of alternative dispute resolution following completion of Level Three of the
process described herein.A Party may decline to participate in such proceeding for any reason
or no reason.
10. LEGAL PROVISIONS
10.1. Warranties. By execution of this Agreement, both Parties warrant that they have the full
right and authority to enter into and perform this Agreement, and that by entering into or
performing this Agreement, they'are not in violation of any law, regulation, or agreement;
and that the execution,delivery and performance of the Agreement has been duly authorized
by all requisite corporate action, and that the signatories hereto, which have signed on each
Parties behalf, are authorized to sign this Agreement.
10.2. No waiver. Neither Party will be relieved of its obligations to comply promptly with any
provision of this Agreement by reason of any failure by the other Party to enforce prompt
compliance,and such failure to enforce will not constitute a waiver of rights or acquiescence
in the other Party's conduct.
10.3. Costs. Each Party will be responsible for its own costs, including legal fees, incurred in
negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties.
If either Party brings any claim or lawsuit arising from this Agreement, each Party will pay
all its legal costs and attorney's fees and expenses incurred in defending or bringing such
claim or lawsuit, including all appeals, in addition to any other recovery or award provided
by law; however, nothing in this paragraph will be construed to limit the Parties' rights to
indemnification.
10.4. Public Records. Each Party shall be responsible for its own public records and public
records requests.
10.5. Notices. All notices required under this Agreement must be in writing and addressed to the
Designated Representative. All notices must be either: (i) delivered in person, (ii)deposited
postage prepaid in the certified mails of the United States, return receipt requested, (iii)
delivered by a nationally recognized overnight or same-day courier service that obtains
receipts, or (iv) delivered electronically to the other Party's Designated Representative.
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However, notice under Section 5, termination, must be delivered in person or by certified
mail,return receipt requested.
10.6. The parties may not unreasonably withhold requests for information, approvals or consents
provided for in this Agreement; provided, however, that approvals or consents required to
be given by vote of the Sound Transit Board or the City Council are recognized to be
legislative actions. The parties will take further actions and execute further documents,
either jointly or within their respective powers and authority,to implement the intent of this
Agreement. The City and Sound Transit will work cooperatively with each other to achieve
the mutually agreeable goals as set forth in this Agreement.
10.7. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in
this Agreement,_the.reference to "days" shall mean calendar days unless otherwise noted.
Any reference to"working days" shall exclude any legal holidays and weekend days.If any
time for action occurs on a weekend or legal holiday,then the time period shall be extended
automatically to the next business day.
10.8. No joint venture or partnership is formed as a result of this Agreement. No employees,
agents or subcontractors of one Party shall be deemed, or represent themselves to be,
employees of any other Party.
10.9. This Agreement has been reviewed and revised by legal counsel for both Parties and no
presumption or rule that ambiguity shall be construed against the Party drafting the
document applies to the interpretation or enforcement of this Agreement.The Parties intend _
this Agreement to be interpreted to the full extent authorized by applicable law.
10.10.This Agreement may be executed in several counterparts, each of which shall be deemed
an original, and all counterparts together shall constitute but one and the same instrument.
10.11. Severability. In case any term of this Agreement is held invalid, illegal, or unenforceable
in whole or in part, by a court of law,the Parties will reform the agreement to satisfy the
original intent of the Parties.
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DocuSign Envelope ID:68F64649-96FB-4C5F-8ABB-5C117101 B632
IN_WITNESS WHEREOF, each of the Parties has executed this Agreement by having its
authorized representative affix her/his name in the appropriate space below:
SOUND TRANSIT CITY
DoeuSigned by: DacuSigned by:
B 61411�.Vl.L r B ��s
By: [ Y• AcccDD3537354co...
1Ah t/1 -b/41
Kimberly larfey, f3eputy CEO
12/14/2020 12/11/2020
Date: Date:
Approved as to form: Approved as to form:
DocuSigned by:
pocuSigned by:
By:
17626A 1 CE42A. By
- ,'• Sound T ransit fegal Counsel Cit epttoeUtatiSel
Exhibit List:
Exhibit A: Scope of Work and Deliverables
Exhibit B: Project Funding Plan
Exhibit C: Funding Certification Letter for Design Phase
Exhibit D: Project Schedule
Exhibit E: Engineer's Estimate
Exhibit F: Funding Certification Letter for Construction Phase
Exhibit G:Environmental Review Certification
Exhibit H: ROW Certification
Exhibit I: Template for Reporting Requirements
Exhibit J: Invoice Form
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Exhibit A: Scope of Work and Deliverables
The scope of work includes the design,permitting,right-of-way acquisition, and construction of
the following improvements to the intersections of Auburn Avenue/3rd Street NE,Auburn
Avenue/4th Street NE, and Auburn Way North/4th Street NE:
• Full replacement of full traffic signal system at Auburn Avenue/3rd Street NE
• Replacement of traffic signal system components at Auburn Avenue/4th Street NE
• Full-depth pavement replacement on Auburn Avenue from 3rd Street NE to 4th Street NE
and on 4th Street NE from Auburn Avenue to Auburn Way North
• Addition of turn lane from northbound Auburn Avenue to westbound 3rd Street NE
• . Addition of pedestrian crossing of 3rd Street NE on the west side of Auburn Avenue
• Traffic signal operations improvements
• Street lighting improvements
Deliverables (City to Sound Transit):
Preliminary Engineer's Estimate (Exhibit E)
Environmental Certification(Exhibit G)
ROW Certification(Exhibit H)
Project Reporting (Exhibit 1)
Invoices (Exhibit J)
Deliverables (Internal to the City, Subject to Change):
Preliminary Design and Estimate
30%, 60%, 90%, 100%Plans, Specifications, and Estimate
Final Plans, Specifications, and Estimate
Project As-Builts
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Exhibit B: Project Funding Plan
The attached TIP sheet shows the local funding sources allocated to the PE, ROW, and
construction phases of the project.
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•
City of Auburn Transportation Improvement Program
Six Year Transportation Improvement Plan TIP#R-16
ARTERIAL STREET FUND(102)
Project Title: Regional Growth Center Access Improvements STIP#AUB-NIA
Project No: TBD
Project Type: Capacity
Project Manager: TBD _ LOS Corridor ID#2
Description:
The project will construct a northbound left-turn lane and a northbound/southbound crosswalk at the 3rd Street NE/Auburn Avenue intersection,and realign the 4th Street
NE/Aubum Way N intersection to eliminate the split phase signal operation improving circulation and access.The project will improve traffic operations,safety,and
circulation for both vehicles and non-motorized users.
Progress Summary:
Grant funding for the design and construction phases was awarded from Sound Transit in 2019.
Future Impact on Operating Budget:
The annual maintenance cost for this project is estimated to be$500.
__ Activity: - 2020 YE Budget Forecast Project Costs
Funding Sources: Prior to 2020 Estimate 2021 2022 2023 2024 2025 2026 Beyond 2026 Total Project Cost
Unrestricted Street Revenue - - - - - - - - - -
Secured Grant(Sound Transit) - - 325,000 • - 1,300,000 - - - - 1,625,000
Traffic Impact Fees - - 86000 100,000 200,000 - - - - 385,000
Other - - - - - - - - - -
Total Funding Sources: - - 410,000 100,000- 1,500,000 - - - - 2,010,000
Capital Expenditures:
Design - - 410,000 - - - - - - 410,000
Right of Way - - - 100,000 - - - - - 100,000
Construction - - - - 1,500,000 - - - - _ 1,500,000
Total Expenditures: - - 410,000 100,000 1,500,000 - - - - 2,010,000
Roadway Projects
Page 14 of 25
Exhibit C: Funding Certification Letter for Design Phase
The attached letter certifies local funding for the Design Phase of the project.
System Access Fund Project Agreement Page 15 of 25
GA 0166-20
. -._
CITY OF * ,,,,,
* ,.�-- ' ,
,0
° -u,- �T Nancy Backus,Mayor
n- - "'� LWASHENGGITO�IN 25 West Main Street*Auburn WA 98001-4998*www.auburnwa.gov*253-931-3000
September 16, 2020
Alex Krieg
Sound Transit
401 S Jackson Street
Seattle,WA 98104
RE: Auburn Regional Growth Center— Funding Certification for PE and ROW Phases
Dear Alex:
The purpose of this letter is to confirm that the City of Auburn passed Resolution 5527 that
adopts the 2021-2026 Transportation Improvement Program (TIP). The TIP allocates
local funding to the PE and ROW phases of the Regional Growth Center Access
Improvements project. The local funds for the PE and ROW phases of the project have
been committed from the City's Traffic Impact Fee fund in 2021 and 2022.
Sincerely,
Jacob Sweeting
City Engineer
Public Works Department
cc: Electronic Distribution Only
ENG-163-ELH, Revised 12/19 AUBURN * MORE THAN YOU IMAGINED
Page 16 of 25
Exhibit D: Project Schedule
Start PE Phase— 1/2021
PE Phase Complete— 12/2022
SEPA Complete— 12/2021
Start ROW Phase—5/2021
ROW Plan and Funding Estimate—8/2021
ROW Acquisition—8/2021 —8/2022
ROW Certification—9/2022
PSE Approval— 1/2023
Project Ad—2/2023
Construction Complete— 12-2023
Note: Schedule assumes a 12-month duration ROW Acquisition Phase. If ROW phase duration is
less than 12-months,project design completion, advertisement, and construction completion
dates may be advanced.
System Access Fund Project Agreement Page 17 of 25
GA 0166-20
Exhibit E: Engineer's Estimate
The Engineer's Estimate for the project is included as an attachment.
System Access Fund Project Agreement Page 18 of 25
GA 0166-20
Planning Level Estimate
3rd St NW/NE Improvements
Estimate By: James Webb 4/11/2019
Construction Items Est.Amount
Mobilization $ 105,125
Survey and Potholing $ 4,063
Traffic Control $ 133,438
Earthwork $ 74,063
Paving $ 178,406
Other Utility Adjustments $ 17,625
TESC $ 22,425
Curb, Gutter,Sidewalk and Driveways- $ 142,844
Channelization $ 9,563
Permanent Signing $ 3,125
Illumination $ 34,375
Traffic Signal System $ 359,375
Property Restoration $ 31,250
Roadside Cleanup $ 6,250
Construction Contract Subtotal $ 1,121,925
Construction Contingency(20%) $ 220,000
Construction Total •
$ 1,341,925
Right-of-Way Units Quantity Unit Price Extension
Right-of-Way-Partial Acquisitions SF 1519 $17 $ 25,823
Add for assumed TCE and/or Impacted Improvements(25%) $ 6,456
Right-of-Way Subtotal $ 32,279
Right-of-Way Contingency $ 10,000
Cost to Acquire Parcel 5 $12,000 $ 60,000
Right-of-Way Phase Total: $ 92,279
Engineering
Engineering-City Costs(Preliminary design and PS&E) $ 85,000
Engineering-Consultant Costs(Preliminary design and PS&E) $ 325,000
Engineering-City Costs(Construction) $ 75,000
Engineering-Consultant Costs(Construction) $ 25,000
Preliminary Engineering(PE)Phase Total $ 510,000
ESTIMATED PROJECT TOTAL: $1,944,204
Project Assumptions:
1. Projects add the following-Northbound left turn lane from Auburn Ave,a pedestrian crossing on the west leg of Auburn
Ave and 3rd St,Improves turning radii resulting in partial ROW acquisitions on 5 parcels,add vehicle detection,a new traffic
signal at Auburn Ave and 3rd,and LED lighting.
2. LED lighting added to 5 existing luminaires. No new luminaire poles are needed beyond what would be included with a new
traffic signal
3. No City utility work is necessary beyond raising existing utilities
4. The pavement restoration is full depth throughout the project limits and NOT a grind and overlay
5. Estimate is based on a 45 day construction time
6. Project limits is less than 1 acre and so no stormwater permit is necessary
7. Minimum requirements 1-5 will be completed to meet ecology
8. It is not feasible to do any LID techniques to meet stormwater requirements as a result of full depth pavement
Page 19 of 25
Exhibit F: Funding Certification Letter for Construction Phase
The attached letter certifies local funding for the Construction Phase of the project.
System Access Fund Project Agreement Page 20 of 25
GA 0166-20
CITY OF
Nancy Backus,Mayor
WASHINGTON 25 West Main Street*Auburn WA 98001-4998*www.auburnwa.gov*253-931-3000
September 16, 2020
Alex Krieg
Sound Transit
401 S Jackson Street
Seattle, WA 98104
RE: Auburn Regional Growth Center— Funding Certification for Construction Phase
Dear Alex:
The-purpose of this letter is to confirm that the City of Auburn passed Resolution 5527 that
adopts the 2021-2026 Transportation Improvement Program (TIP). The TIP allocates
local funding to the construction phase of the Regional Growth Center Access
Improvements project. The local funds for the construction phase of the project have been
committed from the City's Traffic Impact Fee fund in 2023.
Sincerely,
Jacob Sweeting
City Engineer
Public Works Department
cc: Electronic Distribution Only
ENG-163-ELH, Revised 12/19 AUBURN * MORE THAN YOU IMAGINED
Page 21 of 25
Exhibit G: Environmental Review Certification
The City of_Auburn , as lead agency for purposes of the State Environmental Policy Act
(SEPA),hereby certifies that the proposal described herein has undergone environmental review
in accordance with all applicable SEPA rules pursuant to Chapter 197-11 Washington
Administrative Code.
The City of Auburn has completed the following project-level environmental review
documentation and submitted to Sound Transit for review:
❑Letter of exemption from SEPA pursuant to WAC 197-11-800
❑SEPA Environmental Checldist/Determination of Non-significance(DNS) or Mitigated DNS
❑Environmental Impact Statement
❑SEPA Addendum
❑Other:
Signature of Authorized Local Government SEPA Responsible Official
Sound Transit's office of Environmental Affairs and Sustainability has reviewed the provided
documents checked above and authorizes the following:
❑Payment for construction(Design and Construction Agreements)
DEnvironmental approval to execute agreement for construction of project(Construction Only
Agreement)
Signature of Corridor Environmental Manager
System Access Fund Project Agreement Page 22 of 25
GA 0166-20
Exhibit H: ROW Certification
If it is determined that a ROW phase is required during the PE phase of the project,the City will
provide ROW certification for the project. Based on the preliminary project schedule provided in
Exhibit D,this is anticipated to be completed during 1/2023.
System Access Fund Project Agreement Page 23 of 25
GA 0166-20
Exhibit I: Template for Reporting Requirements
ACCESS IMPROVEMENTS NEAR AUBURN STATION
PROJECT REPORT
GA 0166-20
Reporting Period:
Submitted By:
1. Project Update. Status of major activities in the reporting period,both current and upcoming.
2. Assessment of on-going risks.The City will notify Sound Transit of any issues that may affect
the Project Schedule and overall implementation of the Project.
3. Summary of expenditures during reporting period. Summary of expenditures during
reporting period, and expected expenditures in the subsequent reporting period.
System Access Fund Project Agreement Page 24 of 25
GA 0166-20
DocuSign Envelope ID:68F64649-96FB-4C5F-8ABB-5C117101 B632
Exhibit J: Sound Transit Invoice Form
Invoice No. Dated:
TO: accountspayable@soundtransit.org
Attention: Accounts Payable and Alex Krieg
Re: ACCESS IMPROVEMENTS NEAR AUBURN STATION
GA 0166-20, System Access Fund Project
_ _._ _ -_ The City's authorized representative certifies that Sound Transit's pro rata share of costs under
thisinvoice is $ - , and isdue and payable to the City in accordance with the provisions of
the Agreement, and is supported by the attached invoice and supporting documentation. [Identify
the elements(s), and the amounts by element,for which the amount due applies]
The City makes the following representations and warranties to Sound Transit in connection with
the Invoice: • --
_ :.- • All work performed to date has been, unless otherwise specifically stated by the City, -
performed in accordance with the terms and conditions of this Agreement.
_ - . •-- The amount specified above has been computed in accordance with,and is due and payable
under,the terms andconditionsof the Agreement,has not been the subject of any previous
invoice (unless disputed or rejected for payment) and is not the subject of any pending
invoice from the City. -
Any liability of Sound Transit arising from these representations and warranties are governed by
the terms and conditions of the Agreement.
City
By: Date:
System Access Fund Project Agreement Page 25 of 25
GA 0166-20
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