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HomeMy WebLinkAbout5321 RESOLUTION NO. 5 3 2 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN IIVTERLOCAL AGREEMENT WITH KING COUNTY METRO FOR CONSTRUCTING REINFORCED SIDEWALK SECTION FOR BUS STOP SHELTERS ALONG AUBURN WAY SOUTH AS PART OF AUBURN WAY SOUTH CORRIDOR SAFETY IMPROVEMENTS, MUCKLESHOOT PLAZA TO DOGWOOD ST SE WHEREAS, both the City and King County Metro share a common community interest in providing new corridor improvements on Auburn Way South befinreen Muckfeshoot Plaza and Dogwood Street SE; and WHEREAS, the need for the corridor improvements on Auburn Way South is recognized in Auburn's adopted Transportation improvement Program; and WHEREAS, King County Metro has requested for the City to construct new foundations for future bus stop shelters along the Auburn Way South Corridor as part of the Auburn Way South Corridor Safety Improvements project (Project); and WHEREAS, it is more cost effective and efficient to have the City's Contractor for the Project construct the bus stop shelter foundations; and WHEREAS, King County Metro and the City of Auburn are authorized to enter into this Agreement under the authority of their respective enabling Resolufion No. 5321 October 9, 2017 Page 1 legislation and under the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 'i. That the Mayor is hereby authorized to accept reimbursement monies from King County IVletro for the costs the City incurs, for constructing reinforced sidewalk sections for bus stop shelters as part of Auburn Way South Corridor Safety Improvements, Muckleshoot Plaza to Dogwood Street SE. In addition, the Mayor is hereby authorized to execute an Interlocal Agreement between the City and the King County Metro in substantial conformity with the agreement attached hereto, marked as Exhibit A and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such other administrative procedures as may be necessary to carry out the directives 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 ��O�day of 0��� , 2017. Resolution No. 5321 October 9, 2017 Page 2 CITY OF AUBURN ANCY KUS MAYOR ATTEST: ��� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Danie B. Heid, City Attorney Resolution No. 5321 Octgber 9, 2017 Page 3 INTERI,OCAL AGYtEEMENT BETWEEN;I�ING COUNTY AND TIiIE CITY OF AUBiTRN FOR FUNDING AND CONS;TRIJCTION OF REINFORCED SIDEWALK SECT$ONS FOR BUS'SHELTERS ON AiJBi7RN WAY'S�iTTH' THIS BUS STQP IMPROVEMENTS FLTNDING AND CONSTRUCTION AGREEMENT(the "Agreement")is made and entered into this�day of Qe�u•� 201,7,by and between the City of Auburn,a:municipal corporation of the State of Washington(th.e"`C.ity"); and King County,a home rule charter county of the State of�Was�irigton,acting through its Deparkmenf of Transportation,lVletro Transit Divisian(fhe"County"), eitlie"r of wliich entities ' rnay be referred to hereinafter ind.ividually as"Party"or cc�llectively as the"Parties:"' WHEREAS,the City has undertaken a project to construct raad fmprovemenfs along Auburn Way South(SR164)from Muckleshoot Plaza to Dogwood St SE: WHEREAS,�it is th�Parties' desire that transit service eontinue to be provided on Auburn Avenue South;and WHEREAS;the County has deterrnined it would be in fhe pulilic interest to enter into an � agreement with the City'to arrange for certain sections of sidewalk to be constructed'by the City to support bus shelters,as fiu�ther specified'herein,to provide transit access and ofher transit amenifies,and to meet ttie Axnericans with Disabilities Act("ADA")guidelines;aud WI=IEREAS,the County is willing to reunburse the City an amount nof to exceed$24,Oi5 towards funding the.improvements; NOW; THEREF�RE,in consideration of.the mutual covenants set forth herein,the suf�ciency ` of which is acknqwledged,the Parties'hereto agree as fc�llows: 1: City Responsibilities . 1.1 The City will be responsible for conshuction:of the reinforced sidewalk seefions, identified in Section 1.4 of t1us;Agieement,as,fiirther detailed;'in Attachment_A: D°103— Standard Shelter Footing Plans, Sections arid Details, and Dl l L=Internal Solar Shelter Lighting Electrical Defails wl�icli is iricarporated herein by this referenee (the"Bus Stop Improvements"). : _,,,. . , ,_ 1:2 The City will be responsibte�fox the admiriistration of any;eontracts it enters into for the performance of it5 xesponsibilities under ttiis Agreement: `The City will provide th� County with a canstruction sehedule and meet a Project�ornplefivn date ofDecember 31., 2U17. Prior to issuanee of acceptance of any:contractor's work,the City will notify the. County and provide the Caunty with the opportunity to inspeet:and comment an the Bus BU$,STOP A!IPROVEIVIENTS FUNDING AND,C�NSTRUCTION"AGREEMENT Between King County arid the City of Auburn Page 1 of 6 � Stop Improvements included 'in the Project. Hawever,neither the County's comments nor the.County's inspection of City-led.improvements under tliis A�reement will relieye ` the City of its responsibility for said i�provements. ' 1.3 The Gity will nofify the Gounty Construction Inspcctor,Paul Miller,at 206-263-1370,for framing inspection of each reinforced sidewalk section tiwo(2)working days prior'to pouring concrete. At ttie time ofinspection,the reinforced sidewalk,should be framed, presented with suppc�rting:re-bar,coriduit anti.electrical.copper graunding. T'he conduit loca.tion should be located in the right-rear eorner of each reinforced sidewalk sectian.; 1.:4 The City will canstruct five(5)reinforced sidewalk sections at.the locations'af ttie,lius p , p .ty. . ` ( )bus stop locatians sto s,identified wrth articulan Ln th�s 5ubsection 1.4. The five 5 that,are affected by this praject and tke planned improvements are as�follows; ` Bus Stop:Identification and.Approximate Location: _ _ - Stop 1D Qir On Street Cross 5t Improvement 58537 EB Auburn:Way S _.. Farside ,Muckle.shoat Plaza B21 Shelter FoaEing ___ ..__ _... 58538 W6 Auburn Way S' , Farside Rivervualk Dr SE' B21 Shel#er Footing 58539 EB Auburn Way S , Farside Riverwalk Dr SE B21 Shelter Footing _ . 58780 WB Auburn 1Nay:S ,Farside, _Dagwood St SE B21 Shelter Footing _. 5879U EB Auburn Way'S Farside Dogwood St 5E BZ1 Shelter Fobting 2. County Responsibilities 2.-1 Upon notification for inspection of reinforced sidewalk section, and subsequent: inspection,the County will notify the City in wrif'ing of a positive inspection and � appzovaT of concrete pour. If'at the time o�inspection,'the reinforced sidewalk�ections are not prepared correctly,the Courity will instruct the City of the changes`needed and will request an:additional inspection°if needed. 2.2 Upon notification by the City�of tlie completion of all five reinforced sidewalk sectioris, the County will inspect the.impro�ements: If the County finds that anq work does not meet the terms of thi5 Agreement,or ariy specifications or terms established hereund�r, tlie County will prepare a punch list of such items and submit.it to the City. Work that . . � does not coxnply with the agreed upon specifications and terms will be carrected by the " City at no cost=to the Courity. Notice of acceptance will not constitute acceptance of any unauthorized or defective work or material: The Caurityretains a11_rights hereunder and at law to require tha Gity to remave,;:repair,replace, or dispose of any unauthorized.or ._._.. .. ..._..._.. defec#ive work or to recover damages for any such work or material. BUS STOP TMPROVEMENTS FUIVDING AND"COIVS.TRi1GTION AGREEMENT' Between King County and the City of Auburn Page2 of 6 2;3 Upon notification by the City of completion of the Project,and notification by the City. that the bus stop signs,paint,shelters and other amenities are ready for ins#allation,the County will install said'bus stop signs,paint and other amenities,, The County riiay choose to install a shelter frame on the.recently eonstructed reinforced sidewalk sectian at:some of the five(5)bus stop"locations: 3. Payment � 3.;1 The County will reimburse the City an amount not ta exceed$24,014 far c.ampletion of the Bus Stop Improvements as specif ed in.this Agreement,without prior appro�al frorn the County: City's Contractor$id,for:Shelter Footings Construction $20,013� 15%u Cantingency&Canstruction�lVlana¢ementCosts $ 4,002' ' Project Agreement#24-Not to Exceed w/o:prior written approval from CounTy $24;015 3.2 Tlie City will invoice the County(in writing)upon completion of the tasks identified in • S�ctian 1'.4,by sending the invoice with a copy of the City's Contractor°s fnal billing for ttiis work,to the County Project Contact atthe address as shown in Section$.2. "The County will make payment to the City within thirty(30)working days!of receipt of an invoiee for work deterinined to be performed in accor�ance with the terms of the Agreemen#, ' 4. Ownership and 1Wlaintenance 4:1 Unless otherwise agreed to by the Patties,the City will own and maintain,all,reinforced sidewalk sections constructed by tlie City as part'of this Project. The Cvurity will own and maintain all,gf the transit;amenities installed af�ter`the cornpletion of this Projecf. 5. Legall�elations 5.1 It is understood that this Agreement.is solely for the benefit ofthe;Farties hereto and gives no right to any other person or entity. No joint venture,agent-principal relationship or partnership is;formed as a result,of this Agreement _Nb_employees or agents of one ' .. _ Party ar any of its contraetors or subcontractors shall be deemed,or represe�t themselves to be,employees or agenfs of the otlier Party. 5,2 Each Party sha11 defend, indernnify,and hold Harmless the other Party and all of its officials,employees,principals, and agents from all ciaims,demands; suits,actions;and BUS'STOP-IMPROVEMENTS F'UNI7ING AND CUNSTRiJ'CTION AGREEA%IENT Between ICirig Coun�y and tlie City of Auburn Page 3 of,G � - - - - � liability of any kind,including injuries to persons or damage to prop.erty;that arise.out of, are`connected with,or are due to any negligent acts or omissions of ttie indemriifying Party andlor its contractors, t�fficials,ernployees,agents and representatives in. perforrn:ing wvork urider this Agreement. Each Party specifically assumes potential liability for:actions brought by its own employees against the other Parfy and for that purpose only each Farty,specifically waives,as to the other Party only,any immunity under the Industrial Insurance Act,Title�1 RCW,and the Parties acknowledge that tliis waiver was the subject of mufual negotiation. The provisions of this sectian sha1l survive: the expira.tion ox earlier termination of this Agz�eement: 5,3 The City and the:Courity shall comply a.�d shall ensure that their contractors,if any, complywith all federal,state and local laws,regulations, arid ordinances applicable to worl�and ServiGes to be performed under this Agreement. 5:4 In the event.an:y Party incuis attorney's fees,costs or other legal expenses ta enforce provisions of this Agreement against tlie otlier Party,each Party shall be responsible to pay all its own fees,costs and expenses.. . 5,5 This Agreement sha11 be interpreted in accqrdance with;the laws:of the State o� � Washington in effect on the date of execution of this Agreernent; The Superior Court of I�ing County, Washington,situated iri Seattle,sha11 have exclusive jurisdxcti'pn ancl venue p over any legal action a_rising under this Agreement 5,6 The provisions of this Sectian shall suivive;any expiration of ternr'ination of this Agreement. G, Itecords and Audit: During the progress of the design and construction of a11.improvements covered by t.tiis Agreement and for a period no lass'tlian six(6)years from the date of completion of all � improvements;recorcis and accounts pertaining to the v�ork"of this Agreement and accounting therefore are-to be lcept available for inspection and,audif.by representatives o� the Parfies. Copies of the rec.ords shall be furnished upon request. 7. Agreement D,uration and Termination. gr up . y • and shall expire � 7.1 Decernb r 31en2U171 unle s�extended by mutual agreemenoetlie Parfies or unless termina.ted:in accorctance with the provisions of this Section: . 7.2 Ezther Party may terminate this Agreement iri the event.that other party materially � breaches this 14greement: Wri�ten notice af such termiriatiori must be given:via certified - BU5 STOP'IMPROVEMENTS FUNDING AND CONSTRUCTION.AGREEMEIVT Between King County and the City of Auburn Page:4 of 6 ! mail by the Party terminating this Agreement.to the other:Party not less than fourteen � (:14)days prior to the effective date of termination. 7,3 Either Party may terminate for its convenience and without cause by providing writteri. notice to tlie other Party not less than thirty(30)days prior to the effective date of termination provided tha�if the Connty terminates tlus:agreement for its convenience;it shall cotnpensate'the city for its actual costs through the effective:date of termination;. 7.4 Failure by either:ParEyto require full and timely p,erformance of any provision:of the � Agreement at any time,shall not'waive or redu�ce the right.of either Party to insist upon complete and timely perforrnanee of such provisions or any other proyision thereafter: 8. Identification of Party Contacts 8.:1 The City and.the County will.both appoint a Project Manager to;repr.esent the interests of their respective agencies, The two Project Managers will work collaboratively to implement this Agreement, - 8.2 All official communication concerning tlus Agreement should be directed to'tlie following Project Coritacts: 1VIatEhew L�rson,P.E. Dale Cummings Pr,oject Engineer Senior'Transit Planner Cammunity Developmerif and:Fubl'ic Works Transit Route Facilities, Service Development City of Auburn King County Depart�nent ofTransportation 2�53-804-5032 206=4:77=5833 . mlarson ,auburnwa.gov dale.curnmin�sC�a..kingcounty:gav Any changes in agency cantaets from those nated above must be confixmed in writing to the other Party. :9. Entire Agreement: This Agreernenfi contains all terms,conditions and provisions agreed upon by the Parties hereto,and sha11 not be modified except by written amendment. Such amendments may b.e.made to this Agreement�vithin the previously approve.d budget or other applicable authority for and on behalf of the Ci'ty by its Public Warks Uireetor, arid for and on behalf of°the County by its Supeivi5or of the Transit Route Facilities group. 10. Severability: __ _ _ _ - BUS STOP IMPROYElV1ENTS FUNDING ANp CONSTRUCTION.AGREEMENT . Between.King County arid the Cify of Auburn Page�5 of 6 . € If any provision of this Agreement is;held:inyalid by a court of competent jurisdiction,the rern.ainder of the Agreement sha11 not be affected thereby if sueh remainder would"thea continue to serve the purposes o�the�bjectives ariginally cont�mplated,by the Parties. I1V WTT'NESS WHEREQF,the Parties hereto have executed this Agreementas of the last date written below. THE CITY QF AUBURN By _ �v��/�� � ancy Ba ,Mayor Date Attest __i��.r�.5( ��e�r�.�-•J Danielle E.Daskam,City Clerk Approved Daniel B. Hei, , ity ttorne � I�ING COUNTY _` � � ` �y ; p • 3 • t'1 David Cantey, Sup �'sor Date King County Department.;of `ransgorta.tion Metro'Transit�Divisian Service Developmerit Section Transit Route Facilities � � �� �I , � _ .. . ; : _ , ;� , � , � , � BU,S STQI'IIVIPR�VEMENTS FUNDING AND CQNSTRUCTION AGREBMENT � Between K'ing CvunYy aiad:tl�e City of Auburn Page 6 of 6'