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HomeMy WebLinkAbout5132 RESOLUTION NO. 5 1 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE INTERAGENCY AGREEMENTS BETWEEN THE CITY OF AUBURN (THE CITY) AND THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) RELATING TO PROJECT NOS. CP1118, CP1119, CP1218 (AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS PROJECTS) WHEREAS, the City is the lead agency and is responsible for the planning, review, design, permitting, right-of-way acquisition and construction of the Auburn Way South Corridor Improvements Projects (Projects); and WHEREAS, the Projects will improve Auburn Way South from the Muckleshoot Plaza to Hemlock Street SE; and WHEREAS, this segment of Auburn Way South is classified as State Route 164 (SR164); and WHEREAS, WSDOT is responsible for pavement repair and maintenance on SR164; and WHEREAS, there is a mutual benefit to the City and WSDOT in having the City perform the work needed to repair and maintain the pavement during construction of the Auburn Way South Corridor Improvements; and WHEREAS, WSDOT is willing to compensate the City for its costs to design and construct the pavement repair and maintenance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: ----------------------------- Resolution No. 5132 February 10, 2015 Page 1 Section 1. The Mayor is hereby authorized to execute Interagency Agreements with WSDOT for the purpose of constructing the pavement repair and maintenance on SR164 from the Muckleshoot Plaza to Hemlock Street SE as part of the Auburn Way South Corridor Improvements Projects, in substantial conformity with the agreements attached hereto, marked as Exhibits "A" and "B" and incorporated herein by this reference. Section 2. The Mayor is hereby 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 hereon. Dated and Signed this day o€ , 2015. CITY OF AUBURN ANCY B ATTEST: MAYOR Danielle E. Daskam, City Clerk APPROVED S FORM- Daniel el B. Heid, City Attorney ----------------------------- Resolution No. 5132 February 10, 2015 Page 2 7 SR 164 FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION AND THE CITY OF AUBURN—FEDERAL FUNDS GCB 1913- SR 164 / Muckleshoot Plaza to Dogwood Street SE - Paving This Agreement is entered into by and between the WASHINGTON STATE, Department of Transportation (STATE) and the CITY OF AUBURN, a Washington municipal corporation having its principal place of business at 25 W Main Street Auburn WA, 98001 (CITY). WHEREAS, the CITY is planning the construction of a roadway improvement project, entitled "Auburn Way South Corridor Safety Improvements" located at SR 164 (Auburn Way South), Muckleshoot Plaza to Dogwood Street SE, M.P. 1.91 to M.P. 228, , hereby referred to as the "CITY PROJECT," and WHEREAS, the CITY PROJECT proposes to design and reconstruct a portion of SR 164 with Bus Pullouts, U-Turn Areas and pedestrian enhancements, and WHEREAS, the STATE is developing a roadway preservation project titled, "SR 164/Muckleshoot Plaza to SE 408`x' Street - Paving," M.P. 1.91 to M.P. 8.07, hereinafter the "STATE PROJECT," which requires the performance of certain road work within the physical boundaries of the CITY PROJECT, and WHEREAS, the STATE has agreed to allow the CITY to perform Hot Mix Asphalt ("HMA") resurfacing and other associated work directly related to the resurfacing within the pavement overlay limits of SR 164, from Muckleshoot Plaza to Dogwood," M.P. 1.91 to M.P. 2.28, collectively the "Work," as shown on Exhibits A and B; such work shall comply with the Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction (Standard Specifications), NOW, THEREFORE, pursuant to RCW 47.28.140, RCW 47.24.020, and RCW 47.08.070, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the provisions, terms, conditions, and performances contained herein and Exhibits A and B which are attached hereto and incorporated herein, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GENERAL 1.1 The STATE shall contribute a maximum amount of Three Hundred Six Thousand Six Hundred Seventy Three Dollars and Fifty One Cents ($306,673.51) toward the Work, as shown on Exhibit A, to be performed by the CITY as part of the CITY PROJECT. The CITY agrees to construct an overlay of HMA % Inch PG 64-22, and other associated work on SR 164, Muckleshoot Plaza to SE Dogwood Street SE, M.P. 1.91 to M.P.2.28, as provided for in Exhibits A and B. Should bids come in higher than the anticipated estimate to complete the Work, including contingency, exceeding the amount identified in Exhibit B, and upon the CITY's determination of a responsive and responsible bid, the STATE shall indicate if it intends to provide the additional 1 GCB 1913 funds required to complete the Work, based on the actual bid amounts and estimated costs for construction engineering. Should the STATE choose not to fund the additional costs, the CITY shall remove this Work from the contract, and the STATE will be responsible for completing the Work in its sole discretion, but at no cost to the CITY. Should the STATE choose to fund the additional costs, an amendment to this Agreement shall be executed prior to the start of the Work- identified in this Agreement. Any changes requested by the STATE to the Work that result in additional costs to the CITY shall be provided for in an amendment to this Agreement. 1.2 The Parties agree that the CITY shall submit to the STATE for review and approval only those documents pertaining to the Work to be performed under this Agreement and that the STATE's review and approval of those documents shall be governed by the processes provided for in the STATE's Local Agency Guidelines (LAG) Manual (M36-63), which is incorporated herein as if attached. 1.3 The CITY agrees that it shall comply with Federal regulations for asphalt testing and administer the CITY Work in accordance with the STATE's LAG Manual. The Parties acknowledge that this Agreement does not contain funding for the STATE's actual direct and related indirect costs for qualified asphalt testing. If the CITY elects to use the STATE to perform qualified asphalt testing, it is the intent of the Parties that they will enter into a separate agreement for payment of such costs incurred by the STATE. 2. PAYMENT 2.1 The STATE agrees to reimburse the CITY the actual direct and related indirect costs associated with performance of the Work in an amount not to exceed Three Hundred Six Thousand Six Hundred Seventy Three Dollars and Fifty One Cents ($306,673.51). The cost estimate breakdown of the Work is in Exhibit B. 2.2 The CITY understands and agrees that Three Hundred Six Thousand Six Hundred Seventy Three Dollars and'Fifty One Cents.($306,673.51) is federally-funded and is the maximum amount that the STATE will reimburse for the Work to be performed by the CITY. The CITY shall be solely responsible for all Work costs that exceed this amount, unless the Parties implement Sections . 1.1 or 4.2. 2.3 Upon completion of the Work, the CITY shall submit one inclusive first and final itemized invoice to the STATE's representative, Chris Damitio, PE, 460 Stuart Road, Burlington WA 98226, for the actual direct and related indirect costs associated with performance of the Work not to exceed Three Hundred Six Thousand Six Hundred Seventy Three Dollars and Fifty One Cents (5306,673.51), unless otherwise modified pursuant to Section 1.1. The STATE shall provide payment in full within thirty (30) calendar days upon receipt of the itemized invoice. The invoice shall be clearly labeled "First and Final." If the STATE objects to all or any portion of the invoice, the STATE shall notify the CITY within twenty(20) calendar days after receipt of the CITY invoice. If only a portion of the invoice is disputed,the STATE agrees to pay the undisputed portion of the invoice. The Parties shall immediately make every effort to settle the disputed portion of the invoice. 2.4 The CITY understands and agrees that the itemized invoice shall be delivered to the STATE no later than on or before January 1, 201 �- 2 GCB 1913 3. MAINTENANCE AND OPERATIONS 3.1 The CITY agrees that it shall be solely responsible for all maintenance and operations for the roadway surface within that portion of SR 164, Muckleshoot Plaza to Dogwood Street SE" M.P. 1.91 to M.P.228 that is used for state highway purposes, from the date of execution of this Agreement until the STATE accepts the CITY Work, as provided in Section 10. 4. CITY DEFAULT 4.1 Should the CITY default on the tenns of this Agreement, the STATE may, but is not obligated to, assume responsibility for and perform the Work. 4.2 In the event it is determined that the CITY does not have sufficient funds to complete the Work as required by Section 2.2, the STATE and the CITY shall negotiate to determine the future of the Work. If it is determined that the Work cannot proceed, the Work shall be brought to a level that is safe for public use and the Parties will tenninate this Agreement. In the event the Work is tenninated, Section 5 shall apply to that portion of the Work completed up to the time of tennination that has been accepted by the STATE in accordance with Section 10. The CITY agrees to and shall pay all costs associated with termination of or negotiation of change orders affecting the Work affecting the CITY's construction contract with its contractor, including contractor claims. 4.3 The CITY agrees to reimburse the STATE for any default by the CITY and/or its contractor that results in the STATE having to correct the Work for any reason. The CITY agrees to reimburse the STATE for all direct and related indirect costs associated with said corrective Work within thirty(30) calendar days from receipt of detailed invoice. 5. TERMINATION 5.1 This Agreement shall terminate, except as otherwise provided herein, when the Work is completed, the Work has been accepted by the STATE, and payment is received. Neither the STATE nor the CITY may request termination of this Agreement without the concurrence of the other Party. Tennination shall be in writing and signed by both Parties. 6. NOTICE 6.1 All communications regarding this Agreement shall be sent to the Parties at the addresses listed below, or at such other address as given pursuant to this Section, and shall be effective three days after the date of the communication. City of Auburn Attention: Jacob Sweeting, P. E. City Project Engineer 25 West Main Street Auburn WA, 98001 3 GCB 1913 Washington State Department of Transportation Attention: Chris Damitio, P.E. Project Engineer 460 Stuart Road Bellingham, WA 98226 360.788.7403 DAM ITIC�t?wsdot.wa.{tyov 7. TERM OF AGREEMENT 7.1 This Agreement shall begin on the date this Agreement is entered into and terminate upon completion of all obligations by the Parties pursuant to the provisions of this Agneement. Tennination, pursuant to Section 5, shall not relieve the Parties of their respective obligations up to the date of termination. 8. AUDIT and RECORDS 8.1 During construction of the CITY Work and for a period of not less than six (6) years from the date of final payment by the STATE, the records and accounts pertaining to the Work shall be maintained and made available by the CITY for inspection and audit by the STATE and federal government and for use in the event of any litigation, claim or other necessary purpose. 9. INDEMNIFICATION 9.1 The CITY shall protect, defend, indemnify, and hold harmless the STATE, its 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 (both to persons and/or property), arising out of, or in any way resulting from the CITY's construction, operation and/or maintenance of the CITY PROJECT and the Work to be perfornied pursuant to the provisions of this Agreement. The CITY will not be required to indemnify, defend or save harmless the STATE if the claim; suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of the STATE. Where such claims, suits, or actions result from the concurrent negligence of both Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. 9.2 The indemnification shall survive the tennination of this Agreement. 10. WORK ACCEPTANCE 10.1 Prior to STA"CE's acceptance of the CITY PROJECT, the CITY and the STATE will perform a joint final inspection of the Work performed by the CITY.' The STATE agrees, upon satisfactory completion of the Work and a receipt of a Notice of Physical Completion of the Work, as determined by the CITY, to deliver a letter of acceptance to the CITY for the Work performed by the CITY. The letter of acceptance shall not waive any potential claims against the CITY and its contractor for defective work or materials. The STATE reserves the right to require the CITY to 4 GCB 1913 remedy any and all Work deficiencies related to defective Work or materials brought within one year of the CITY's acceptance of the CITY PROJECT. 10.2 The STATE may reasonably withhold acceptance of the Work by submitting; written notification to the CITY within sixty(60) calendar days following final inspection of the Work. This notification shall include specific reason(s) for withholding the acceptance. 10.3 If a letter of acceptance is not received by the CITY within sixty(60) calendar days following the joint final inspection, the Work shall be considered accepted by the STATE, but such acceptance shall not act to release the CITY from or waive any right or claim of the STATE for defective work or materials brought within one year of the CITY's acceptance of the CITY PROJECT. 11. AMENDMENT 11.1 This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 12. ASSIGNMENT 12.1 Neither Party to this Agreement shall transfer or assign any right or obligation hereunder without the prior written consent of the other Party. 13. DISPUTE RESOLUTION 13.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows: The CITE` and the STATE shall each appoint a member to a disputes resolution board (Board). These two members shall then select a mutually agreeable third member, not affiliated with either Party to be part of the Board. The Board shall review all pertinent facts, data, contentions, and so forth to make a non-binding determination within thirty(30) calendar days of such referral. The Parties shall be responsible for their own costs, including attorney fees, and shall share equally the costs of the third Board member. 14. SEVERABILITY 14.1 Should any part, term or provision of this Agreement be detennined to be invalid, the remainder of this Agreement shall not be affected, and the same shall continue in full force and effect. 15. VENUE 15.1 This Agreement shall be interpreted in accordance with the laws of the state of Washington. In the event either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the STATE and the CITY agree that the Superior Court of Thurston County, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. Further, the Parties agree that each will be solely responsible for payment of its own attorney fees, witness fees, and costs. 5 GCB 1913 16. WAIVER 16.1 A waiver of any breach by either Party shall not constitute a waiver of any subsequent breach. All waivers must be in written form. 17. AUTHORIZED SIGNATURES 17.1 By their signatures below each Party represents that they have taken all necessary steps and are fully authorized to sign for and on behalf of the named principal above. N WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the Party's date last signed below. STATE OF VASHINGTON CITY OF Auburn DEPART ENT=ORTATION Nancy Back Tod arrison, P.E. Mayor Assistant Regional Administrator FEB 17 2015 /1(, //s--- Date D to APPROVED AS TO FORM: APPROVED AS TO FORM: ity torney Ann E. Salay, Assistant Attorney General Dat6 Date 6 GCB 1913 i Q: tJ W SR 164 PAVEMENT RESURFACING MUCKLESHOOT PLAZA TO HEMLOCK ST SE LAP 191 STA AW 91-79,40 — _._...... .. ....... .. .. j 8 x tea, _ I( RIVERWALK DR SE MUCKLESHOOT PLAZA • 'r'y"z ^ Ali• ". ��::'t:.�T..�.,,."���,� ..._., -'-,.^-.---_^'�.`.r.�'Ya..i+^'�""� '�`-+^.+ RIVCRWALK DR SE DOGWOOD ST GE LEGEND J C +tD NFSURFACIVG A EA SEF.S•�EEJ T 1 HOAf).— CTI eV l;at NRMF '+A...�.ivll,a4iUfWGAE.,t))f__+`il—AtI I,�SNt4Y:Al nl..Jr.,..,I.., L`tl E.FYrItO n I�1„11 o.�.,)r AM _ ^•^ FEU.AIV PRO CI SR 164 PAVEMENT' RESURFACING DAM PLOtteo nr .A.y,q MUCKLESHpOT PLAZA TO omGNED of Washinglon Stale HEMLOCK ST SE ENTEPED DY ,.,.,._r. Department of Tnnsportatloo c.,tcvtD et EXHIBIT A Nt-CIGi1A�ADAt nC Vifk]N DATE BY N rn o GCB 1913 C7 w a i tQ O `o -n y W N SR 164 PAVEMENT RESURFACING MUCKLESHOOT PLAZA TO HEMLOCK ST SE NIP 1.91 ,. STA AW 91.79.40 RIVERWALK DR SE MWCKtFSHC)01 PLAZA DOGWOOD Sl' SE RIVERWALK OR SE LEGEND a w W;AEE IN IEET l—� RESUHFACtl;G ARIA,SEE Si'IEEY 2 Y08 RWOD VAY SECiIOR i�l< H �W'�'1.NYIYM]YttihCAEat)INlilat l(4SR16.tC0.lMf.i��lr.�i..nrirr Iry fly l.hILIL�i n wnr AM "" PEDAM tvio.l.uo, ��y/q�� SR 164 PAVEMENT RESURFACING oi.ic a :y1Yr'2Vt. _ to ASI "I ✓ MUCKLESHOOT PLAZA TO r•loncu u. .r.u•v Washington state HEMLOCK ST SE -" w-ieRCU ur �• ��„•-,,, Department of TranapoM1atlon wcch o or - _2 PRO".ER6R. + —.-- EXHIBIT A R[rI $ ADM. REY151.Sh oATE EIY Mid "' GCB 1913 Cv7 w a GCB 1913 Exchibit B Page 1 of 1 SR164 Muck.eshoot Plaza to 403th St-Paver(Transfer to COA) MP 1.91 to 2.55-Including ADA at Dogwood Developed By:Jonathan Seagrave Checked By:Jason Koreski Updated:10/27114 Item No. Std.No. Work Item Unit Unit Qty Amount %of Price Total Prspara 1- 1 0100 Rem—ing CwieM C oac.Sid—all, $25 SY cc 5'•.50000 0.13% 2 Gloa Remov!rq CevnuM Conc Curb ofd Guam S20 LF 931 51.800,00 0,52% 3 0208 R,a O i,q?n:am1 P4vnment hlalACr 5100 HO 9 S900 026% Grnding 4 332 F1­8n1 8ni Repmr Em"'Wn 1-1.Haul 300 SY 40 $2 700 0181% Structure 5 4025 Grevai 9-01 far Wall S20 CY a S8U.00 0.02% Surfacing 6 5100 Cashed Sufnanq E.aa Courso $50 TON 4 5240.00 0063 Liquid Asphalt 7 1 53744 AmLSlnppa9 Add4— Si EST 2130 52,130 0621 Het Mix Asphalt 8 1 5711 PlaNrg 9.r,min.ua Pav—t S6 SY 4.500 527,000 7.301 9 5767 "MA Cl 112 N.PG 64-22 $80 ion 2.13a 5170.400 4.1.23% 10 5734 IhIMA 101 Prvv+ t R4,o41r CL.1/2 W.PG 64.22 $100 Ton 28 52.800 0.81% 11 5830 1 job lLli.Cornoliancs 31 Cal.. S•tt2 $5,112 L48% 12 5835 'Cempact:on Pm.Adjustment $1 C4k:• 3.070 i3.070 089% 13 5837 A=h.1 Cast Pnce Adlu.1—t $1 Calc. 2,556 S2,556 074% Erosion Control 14 6403 IE5C Lea, stoo DAY 5300 011% 15 6471 11n10t P:olx(on $50 EACH 14 5700 02" 16 6490 Etonign I Wh!.r P C..1m1 S2,000 DGL 1 $2.000 053% Traffic 17 6809 P.N.1 Plastic LM $1 LF IZr'51 512,305 1.56% 18 6833 Piaatic TraFic Af 5160 Ea 2q 54,6.10 1.34% 19 6757 Pl44uc C^ Ml,U.. S10 SF 1.14,30 S 128c0 3 704 20 6859 Plasftc Stop L!nn 510 LF i5E $1.430 0.4$% 21 6371 Plastic Tra!SC L.I. S80 EA 40 S3,200 a 12% 22 6883 Raisod Paver.,ort M.A.Typo 2 S5C0 HO 9 $4,500 130% 23 6888 Tomp....P:1.»men!34arkut0 $1 LF 12,305 312.305 356% 24 6971 Proioct r—ro—i Traffic C.nnpl 517,200 LS 11 517.200 4 371; Ott., 25 3080 A6,b t Atannd9 S500 EACH i i S5.500.00 1.59% 26 3100 Aci-i Calm Basin 5500 EACH t4 S7,000 00 202% 27 6243 Adi"!Vat's Sox 5275 EACH 13 $1.575.00 1.01% 28 Tralk loop RaClacenwnt Saco EACH id 514,400 00 416% 29 race Sti-t—Er Ind.Had 150 CY 9 $350.00 0.13% 30 7055 Carinnl CO—Sidmralk S251 SY 10 5250.00 0 0^ 31 7058 1 Cenanl Cane Cur^Ramp Tyne_ S2,575 EACH S 512,875 00 3 1^ 32 1 7181 G-mv 31,,k 144:1 s90 SF I E+31 Sa 100001 2.34% 33 1 7736 SPCC P:aa SM-0 la I 1 52.00000 0.582. Suh!0tal for Pe M.9ss COns:rcc5e+S.t;aa! S 346,108.00 !.i0cd�z 4t•an a. S27.698w1 $371196 64 Sal+_3 T v. $35.5!066 $409,307.32 Cnns:r:.c::r:+: .ar,rg i>•-. S65,•1 W 17 artl:.��::rvinnc�os r., 510.372 27 Ca+su.ctra.,S.o!aal $191,i 68.76 Ce t—flcn T.tal: S491,168.73 Prs:lmmary Enginsannq Total: e s $39.293.50 Total Prol-t Casts: $530,462.29 CP1218(MP 4.91-2.231 `S1. 5309,677$1 CPli'la(MP2,23-2.41) 1197,750.15 CP 1119(MP 241.2.55) --. 5116,03163 i53n..t•32 29 G A CB 19 13 Exhibit B ; . � GCB 1913 Amendment N u m b e r 2 This Amendment Number 2 to Agreement GCB 1913 is entered into between the Washington State, Department of Transportation, hereinafter the "STATE" and the City of Auburn, hereinafter the "CITY", collectively the "Parties". RECITALS A. The Parties hereto entered into Agreement GCB 1913 on February 17, 2015; which provides funding to cover the actual costs for the resurfacing of SR 164 (Auburn Way South), Muckleshoot Plaza to Dogwood, MP 1.91 to M.P. 2.28, as described in Exhibit A, and for the Work as described in Exhibit B, and B. The Parties amended GCB 1913 with Amendment Number 1 on February 22, 2017, to reflect additional costs, and additional time needed to complete this project, and C. The parties now need an additional three months to finalize the project; and D. Section 11.1 of the Agreement allows the Agreement to be amended or modified by the mutual agreement of the Parties, and E. The STATE and the CITY agree to amend this Agreement to reflect the new project timeline, Now,Therefore, pursuant to RCW 47.28.140, RCW 47.24.020, and RCW 47.08.070, the above recitals that are incorporated herein as if fully set forth below, and inconsideration ofthe terms,conditions,covenants;and performance contained herein, or attached and incorporated and made a part hereof, It is Mutually Agreecl as follows: 1.1. In Section 2.4 the date shall be changed from July 1, 2018, to September 30, 2018. All other terms and conditions of the original Agreement, and Amendments Number 1 and Number 2 shall remain in full force and effect except as modified by mutual supplemental agreement. IN WITNESS WHEREOF,the Parties hereto have executed this Amendment Number 1 as of the Party's date signed last below. CITY OF AUBURN WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: By: � ancy Bac s John (Jay) Drye Jr., P.E. Title: Mavor Title: Assistant Regional Administrator Mount Baker Area Date: fp '�9'� 9 Date: �/Z/5�j� GCB 1913 Page 1 of 1 Amendment Number 2