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HomeMy WebLinkAbout98-037 - King County / Port of Seattle / City of Tukwila - South 180th Street Grade SeparationAN INTERLOCAL AGREEMENT BETWEEN KING COUNTY, PORT OF SEATTLE, AND CITY OF TUKWILA FOR THE SOUTH 180TH GRADE SEPARATION DESIGN PROJECT This agreement is made and entered into by and between the City of Tukwila, a Municipal corporation of the State of Washington, hereinafter called the "City", the Port of Seattle, a inunicipal corporation of the State of Washington, hereinafter called the "Port" and King County, a governmental subdivision of the State of Washington, hereinafter called the "County", for the purpose of sharing costs to fund the design of a grade separation project known as the South I 80th Grade Separation Project. RECITALS A. Increased international and domestic trade has resulted in longer and more frequent train movements in the Puget Sound region and the reopening of the Stampede Pass line; f3. The JZqyional. Transit Authority plans to begin operating peak period commuter rail passeuger service in late 1999; C. The State of Washington has purchased two passenger rail train sets to increase the frequency of inter -city rail passenger service; D. The Green River Valley is home to designated manufacturing and industrial centers and urban centers as well as over 100,000 family wage jobs, and over 75,000 residents; E. The movement of trucks, cars and pedestrians across rail lines is important to the economic vitality and livability of all communities in the Green River Valley, whether in incorporated cities or unincorporated King County; F. The State legislature has found (RCW 36.89.020) that the public roads and streets in a county, whether inside or outside the limits of an incorporated city, provide an interconnected system for the convenient and efficient movement of people and goods within the county and are of general benefit to all of the residents of the county; G. The South 180th Grade Separation Project is located on an arterial within the corporate limits of the City and will benefit the residents of unincorporated King County as well as the residents of the City; H. Policy T-201 of the King County Comprehensive Plan states that the County transportation system should include facilities to accommodate freight and goods delivery, including railroads; Policy T-539 of the King County Comprehensive Plan states that the County should participate with other jurisdictions to evaluate freight and goods movement to support economic development; J. The City, Port, and County wish to accelerate the design of the South 180th Grade Separation Project in order to facilitate the movement of rail traffic for the Burlington Northern Santa Fe and Union Pacific Southern Pacific railways through the project area and the movement of vehicles and pedestrians on the public highways that cross these rail lines; K. The County has budgeted and available $200,000 for the County's contribution to the cost of this project; L. The Port has budgeted and available $25 0,000 for the Port's contribution to the. cost of this project; M. The City has $100,000 available; and N. The parties are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal governmental cooperative agreement of this nature whereby they can share and the funding for this project and rely upon the administrative and legal mechanisms of one of the parties to serve as the lead in carrying out such a project; NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. SCOPE OF WORK Project Title: South I 80th Grade Separation Project General Description: Completion of environmental assessment, right-of-way plan, and predesign of grade separation for the Burlington Northern Santa Fe and Union Pacific Southern Pacific railway lines at the South 180"' crossing. Schedule: Work supported by this funding will begin when funds become available and the City will make its best effort to complete the work by September 1998. Technical Advisory Committee: The City will conduct public meetings and utilize a, Technical Advisory Committee (TAC) to obtain input on project matters during the completion of the project Scope. The TAC will be comprised of representatives from Washington State Department of Transportation (WSDOT), City of Kent, City of Renton, and King County. South 180th Grade Separation Project - Interlocal Agreement Page 2 Project Consultant: The City will select the consultants for support on this project and such consultant services shall be procured in accordance with applicable Washington State statutes and, the City's policies and procedures. 2. TERMS AND CONDITIONS Lead Agency: The City shall be the lead agency for the project with regard to SEPA compliance and all necessary permits. As lead agency, the City shall be responsible for accomplishing all aspects of the Project Scope under the City's jurisdictional. authority as granted by Washington State statutes governing the activities of optional municipal code cities as well as any applicable local, state, and federal laws governing the contracting and procurement of consultant services. Technical Review: Under the terms of this Agreement, it is mutually agreed the County will represent the Port on the'FAC and in all design reviews required tinder the tern -is of this Agreement. Public Involvement: The City shall conduct a public involvement process as an element of the project Scope of Work. A Public Involvement Plan shall be jointly developed by the City, the Port, and the County. The County and the Port shall be given at least two weeks notice of all scheduled public meetings. Consultants: The City will retain engineering consultants for work funded by this Agreement. Real estate appraisals conducted under this Agreement shall be performed by appraisers under contract with the City. Contact Persons: The parties to this Agreement shall each designate at least one representative to serve as their liaison for the project. These liaisons shall meet on a scheduled basis at a frequency appropriate to the phase and status of the project, Schedule: The schedule for the project shall be mutually agreed upon by the parties. All schedule changes shall be coordinated among the parties by the City. All parties shall attend to their respective responsibilities in a manner so as not to impede progress on the project. I)'ro'ect Design Acceptance: ot� -tance: The City shall submit the predesign and environmental assessment to the TAC for review. Pro,Ire ss Reports. The City shall forward progress reports to the County and the Port on a quarterly basis. Such reports shall indicate the project status relative to the agreed upon schedule and expenditures. South 180th Grade Separation Project - Interlocal Agreement Page 3 3. COST REIMBURSEMENT AND FUNDING Reimbursement of Costs - The County shall reimburse the City a sum not to exceed $200,000 for costs incurred for work authorized under this Agreement. The Port shall reimburse the City a sum not to exceed $250,000 for costs incurred by the City for work authorized under this Agreement. Rights -of -Way: Funds provided by the Port and the County pursuant to this Agreement shall not be used for the acquisition of right-of-way. Billin The City will bill the County and Port for the actual cost of work accomplished under this Agreement on a pro-rata basis as determined by the proportionate share of funds committed to the project. Bills will be due and payable within thirty (30) days of receipt by the Port and the County. 4. DURATION This Agreement is effective upon signature by all parties and shall remain in effect until the obligations herein have been completed. This agreement can be terminate(] by mutual written agreement of the signatories of this Agreement. All costs incurred for work in progress up to and including the date of termination shall be payable within sixty (60) days of the effective date of termination. 5. IN DEMNIFI CATION Each party shall protect, defend, indemnify and save harmless the other party, its officers, officials, employees and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments or costs of any kind whatsoever, (hereinafter "claims"), arising out of or in any way resulting from each party's, its officers, employees, agents, and/or subcontractors of all tiers, acts or omissions and performance or failure to perform this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, now enacted or as hereinafter amended. Each party agrees that it is fully responsible for the acts and omissions of its own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each party's obligations under this section shall include, but not be limited to: A. the duty to promptly accept tender of defense and provide defense to the indemnified party at the indemnifying party's own expense. B. the duty to indemnify and defend the indemnified party from any claim, demand, and/or cause of action brought by or on behalf of any of the indemnifying party's employees, or agents. The foregoing duty is specifically and expressly intended to constitute a waiver of the indemnifying party's immunity under Washington's South 180th Grade Separation Project - Interlocal Agreement Page 4 Industrial Insurance Act, RCW Title 51, as respects the indemnified party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity and defense of claims made by the indemnifying party's employees. The parties acknowledge that these provisions were mutually negotiated and agreed upon by them. In the event the indemnified party incurs any judgment, award and/or costs arising there- from including attorney's fees to enforce the provisions of this article, all such fees, expenses and costs shall be recoverable from the indemnifying party. 6. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the County, City, or the Port during the term of this Agreement and for three (3) years after its termination. 7. MINORITY AND WOMEN'S BUSINESS ENTERPRISE REQUIREMENTS The City will administer and enforce the Federal Aid requirements for Disadvantaged Business Enterprises (DBE) as included in the Local Agency Guidelines and the Standard Consultant Agreement, for all consultant services performed per this Agreement. The County and the Port recognize that engineering consultatits for the project are currently under contract with the City and that the contract includes a DBE requirement equal to eight percent (8.0%) of the total project work currently funded by this Agreement. The City will continue to work with the Consultant during the contract period to attain additional levels of DBE participation. Furthermore, the City does not expect to require additional consultant services for the currently funded Scope of Work. If additional consultant services are required during the term of this Agreement, the City will include DBE/MWBE participation requirements acceptable to the County. The King County MWBE & Contract Compliance (CC) Division will provide support to the City in carrying out the DBE/MWBE requirements, to include conducting reviews and processing any administrative materials necessary to fulfill such requirements. 8. EQUAL EMPLOYMENT OPPORTUNITY The City will utilize the Federal Aid provisions contained in the Standard Consultant Agreement and the Local Agency Guidelines for federally funded projects in administering the contract for all services to be performed under this Agreement. Furthermore, the City will ensure compliance with Section 504 of the Rehabilitation Services Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as stipulated in the Local Agency Guidelines for federally funded projects. South 180th Grade Separation Project - Interlocal Agreement Page 5 9. NON DISCRIMINATION In all services or activities, and all hiring or employment resulting from this Agreement there shall be no discrimination against any employee or applicant for employment because of sex, color, creed, national origin, marital status, sexual orientation or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational qualification. The City, and any consultant hired to perform work under this Agreement, shall not violate any of the terms of RCW 49.60, Title VI of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulations regarding non-discrimination. The City and the consultant shall also comply with any other anti -discrimination laws or requirements of any and all jurisdictions having authority. 10. NOTICES All notices pursuant to this Agreement shall be given in writing and delivered by US mail or delivered in person to the following: For the Port: Steve Sewell Port of Seattle Marine Division P. O. Box 1209 Seattle, WA 98111 For the County: Chuck Mize 400 King County Courthouse 5161hird Avenue Seattle, WA 98104 For the City: Ross Earnst City of Tukwila Public Works Department 6300 Soutlicenter Blvd. 4100 Tukwila, WA 98188 11 . NO THIRD D PARTY RIGHTS Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the County or the Port, or their officials, employees, agents or representatives, to any party not a signatory to this Agreement. South 180th Grade Separation Project - Interlocal Agreement Page 6 12. SEVERABILITY If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 13. NON -WAIVER Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach, and shall not be construed to be a modification of this Agreement. 14. AMENDMENT This Agreement may be amended only by an instrument in writing duly executed by all of the parties to this Agreement. 15. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. . IN WITNESS WHEREOF, the City, the County and the Port have executed this Agreement effective as of the date last written below. CITY OF TILJKWILA The signing of this agreement was uthorized by the governing body of the CITY 01' TUKWILA at a meeting on 1997. ATTEST By: Date: By: Title: Date: South 180th Grade Separation Project - Interlocal Agreement Page 7 KING COUNTY The signing of this agreement was authorized by the governing body of KING COUNTY at a Ock-ber Z7 1997. 0 AN e M"-,S'F By: 1F, Title: P d' -.el Date: PORT OF SEATTLE The signing of this agreement was authorized by the governing body of the PORT OF SE.A.1"t-LE at a meeting on I , 1997. 1 ATTEST B ez-1, By - Title: Date: -,/—/ South 180th Grade Separation Project - Interlocal Agreement Page 8