HomeMy WebLinkAbout16-161 - King County Parks and Recreation Division - Baker Boulevard Non Motorized Improvements16-161
Council Approval 12/5/16
Interagency Agreement
Between
King County Parks and Recreation Division
and
City of Tukwila
for the
Development of Mobility Connections Facilities on
Baker Boulevard and Christensen Road
This Interagency Agreement is made between King County, a political subdivision of the State of
Washington ("the County") and the City of Tukwila, a municipal corporation in the State of Washington,
("City") regarding design, construction of improvements, operation, and maintenance of two portions of
the City's right-of-way known as Baker Boulevard and Christensen Road. The County and the City are
collectively referred to as "the Parties."
RECITALS
A. The Green River Trail ("Trail") is owned and operated by the City. The Trail is a longstanding and
popular facility for multiuse recreation and active transportation in south King County and is part of the
Regional Trails System in King County. The Trail traverses Tukwila north to south generally along the
west bank of the Green River. To the north the Trail connects with other similar facilities and bicycle
and pedestrian routes to the City of Seattle. To the south, the Trail connects to the cities of Kent and
Auburn. In conjunction with other intersecting regional trails and bicycle and pedestrian routes, the Trail
offers access to locations throughout the Green River Valley and the cities of Renton and SeaTac.
Tukwila Station, a regional transit center, is located east of the Trail offering access to high-capacity
transit, including Sound Transit's Sounder Commuter Rail service, Amtrak, and King County Metro's
RapidRide bus service. The designated Tukwila Regional Growth Center at Southcenter encompasses the
Tukwila Central Business District and includes the limits of this project as well as Tukwila Station and the
Tukwila Urban Transit Center, which are more directly connected by this project.
B. The Regional Trail System is a network of facilities for nonmotorized recreation and transportation,
providing a valuable transportation asset for the region. Establishing purposeful connections between
regional trails and regionally significant destinations throughout King County is an important goal for the
County. In 2014, the County completed the Regional Trails System Mobility Connections study that
recommended connections between the Regional Trail System and several civic centers, transit centers,
and Puget Sound Regional Council -designated Regional Growth Centers within King County. The intent
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 1 574 d a161/i//9s—S
of this study was to identify improvements that would increase bicycle and pedestrian access between
the trails network and these destinations by using streets or other public rights -of -way to create priority
connections.
C. The County launched the Regional Trails Mobility Connections strategy in conjunction with the 2014-
2019 King County Parks, Trails, and Open Space Replacement to ensure safe and direct connections for
bicyclists and pedestrians from the Regional Trails System to urban communities. This strategy seeks to
extend the benefits of the regional trails in urban areas, increase mobility and travel options while
decreasing the need for automobile parking and other costly infrastructure. It encourages alternatives to
driving, reduces traffic congestion, and improves air quality. It promotes physical activity and
encourages economic development and sustainability.
D. In 2016, the County completed a Tukwila Mobility Connections concept plan, which recommended
connections to promote bicycling and walking between the Trail, the Tukwila Sounder Station, the
Tukwila Regional Growth Center ( Southcenter), and the Tukwila Urban Transit Center. The City has also
identified the connections as important nonmotorized routes and part of the City's proposed Station to
Southcenter Trail. The location of these connections between the Green River Trail and Southcenter is
shown in Exhibit A. The conceptual improvements identified in the Tukwila Mobility Connections
concept plan and associated designs for this area are identified in Exhibits B through F. These
improvements are collectively referred to as "the Mobility Project ".
The Parties are working cooperatively to implement the Mobility Project. The Parties intend by this
Agreement to establish their respective rights, roles and responsibilities related to the Mobility Project.
NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties mutually
agree as follows:
AGREEMENT
1. Scope. The scope of this interagency agreement is limited to design, construction of
improvements, maintenance, and operation of the Mobility Project.
a. Design and Permitting.
(i)
The County has performed a preliminary assessment of the condition of Baker
Boulevard and has recommended improvements to increase safety, convenience and
connectivity for bicyclists and pedestrians on these streets. The County's
recommendations for improvements to Baker Boulevard are described in Exhibit B and
reference the City's current street plans, shown in Exhibit C. The County's
recommendations are shown in Exhibit D as preliminary concept designs.
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 2
(ii) The City has designed a shared use path adjacent to Christensen Road extending
between the Trail and Baker Boulevard. A description of the City's proposed
improvements is shown in Exhibit E. Design plans for these improvements are shown in
Exhibit F. The County has reviewed the City's proposed design and finds that it
implements the Mobility Project.
(iii) The City is solely responsible for final design of the Mobility Project including obtaining
any necessary input and approval from WSDOT, and constructing the improvements
according to the approved design.
(iv) The City shall be solely responsible for compliance with all regulatory requirements
including the State Environmental Policy Act (SEPA). The City shall apply or require its
contractor to apply for all necessary permits. The City shall be responsible for the
monitoring, reporting and any corrective actions required for this project. The City shall
be the named permittee for any required permits and is solely responsible for
compliance with permit conditions.
b. Construction.
(i) The City shall be solely responsible for construction of the Mobility Project, including
contract procurement, and shall provide the necessary engineering, administrative,
inspection, clerical and other services necessary for construction of the Mobility
Project. The City shall comply with all applicable laws and regulations.
(ii) The City shall require its contractors to name King County, its officers, officials,
employees, and agents as additional insureds on all liability insurance policies
maintained by the City's contractors conducting work pertaining to the Mobility
Project. The City shall also require that all of the City's contractors conducting work
pertaining to the Mobility Project include King County, its officers, officials,
employees and agents as contractually indemnified parties entitled to the same
indemnification protection as the City.
(iii) The City shall update the County on its progress in construction the Mobility Project.
c. Funding. The County shall provide funding of up to $1,000,000 for implementation of the
Mobility Project. The City shall provide an estimate of costs prior to installation of these
improvements, and the County will approve costs prior to installation of improvements. The
City shall invoice the County for actual accrued costs and the County will reimburse the City
for costs of improvements as approved by the City and County up to $1,000,000. The County
may require the City to provide additional information prior to providing payment. The City
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 3
shall acknowledge King County's funding support from the 2014 -2019 King County Parks,
Trails, and Open Space Replacement Levy on public information related to the project.
d. Maintenance. The City shall operate and maintain Baker Boulevard and Christensen Road
rights -of -way, including the improvements as installed over the term of this Agreement.
Future alterations to installed improvements may be undertaken to ensure the safety and
convenience of the public by approval of both the City and the County.
2. Property. The City hereby represents and warrants to the County that it holds the necessary
property rights, including right -of -way and /or easement rights to the property in Baker Boulevard and
Christensen Road and that it has legal authority to construct the improvements. The City further
represents and warrants that there are no easements, covenants, restrictions, encumbrances, or defects
on or to the property in Baker Boulevard and Christensen Road that will in any way impair the City's
ability to design and construct the Mobility Project and perform its obligations under this Agreement.
3. Liability. Each Party shall protect defend, indemnify, and save harmless the other Party, its officers,
officials, employees and agents which acting within the scope of their employment as such, from any
and all suits, costs, claims, actions, losses, penalties, judgments, and /or damages of whatsoever kind
( "Claims ") arising out of, in connection with, or incident to the exercise of any right or obligation under
this Agreement, to the extent caused by or resulting from each Party's own acts or omissions. Each
Party agrees that it is fully responsible for the acts and omissions of its own contractors, 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 agrees that its obligations under this Paragraph
extend to any Claim brought by or on behalf of the other Party or any of its employees or agents. The
foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's
immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only,
and only to the extent necessary to provide the indemnified Party with full and complete indemnity of
Claims made by the indemnitor's employees. The parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
4. Insurance. For the duration of its liability exposures under this Agreement, the City of Tukwila shall
maintain insurance, as described below, against claims for injuries or damage to property which may
arise from or in connection with performance of the work hereunder by the City, its agents,
representatives, employees, contractors, or subcontractors.
(a) General Liability. Coverage shall be at least as broad as Insurance Services Office form
number CG 00 01 covering COMMERCIAL GENERAL LIABILITY, $1,000,000 combined single
limit per occurrence, and for those policies with aggregate limits, a $2,000,000 aggregate
limit. King County, its officers, officials, employees, and agents are to be covered as
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 4
additional insureds as respects liability arising out of activities performed by or on behalf
of the City of Tukwila in connection with this Agreement.
(b) Automobile Liability: Insurance Services form number CA 00 01 (current edition). The Limit
of Liability shall be no less than ONE MILLION DOLLARS ($1,000,000) per occurrence.
(c) Statutory Workers' Compensation coverage and Stop Gap Liability for a limit no less than
ONE MILLION DOLLARS ($1,000,000) per occurrence.
(d) Professional Liability: For professional services, such as engineering or architecture
conducted by the City of Tukwila or any contractor. Professional Liability coverage shall be
no Tess than ONE MILLION DOLLARS ($1,000,000) per claim and in the aggregate. The City of
Tukwila shall submit proof of Insurance as part of the required submittals or provide
evidence of compliance from its contractor that these insurance requirements have been
met 30 days prior to beginning of the work designated to be performed by a professional.
(e) Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be
declared to, and approved by, the County. The deductible and /or self- insured retention of
the policies shall not apply to the City's liability to the County and shall be the sole
responsibility of the City.
(f) Verification of Coverage. The City of Tukwila shall furnish the County with certificates of
insurance and endorsements required by this Agreement. Such certificates and
endorsements, and renewals thereof, shall be attached as exhibits to the Agreement. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on forms approved by the County prior to
the commencement of activities associated with the Agreement. The County reserves the
right to require complete, certified copies of all required insurance policies at any time.
(g) Subcontractors. The City of Tukwila shall include all of its contractors as insureds under its
policies or shall furnish separate certificates of insurance and policy endorsements from
each contractor. Insurance coverages provided by contractors as evidence of compliance
with the insurance requirements of this Agreement shall be subject to all of the
requirements stated herein.
(h) The County acknowledges, agrees, and understands that through its participation in the
Washington Cities Insurance Authority ( "WCIA "), the City of Tukwila is self- funded for all its
liability exposures. The City of Tukwila agrees, at its own expense, to maintain, through
WCIA, coverage for all of its liability exposures for this Agreement, and it agrees to provide
the County with at least thirty (30) days prior written notice of any material change in its
insurance program and provide the County with a letter of self- insurance as adequate proof
of coverage. The County further acknowledges, agrees, and understands that the City of
Tukwila does not purchase commercial liability insurance, and therefore does not have the
ability to name the County as an additional insured.
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 5
5. Points of Contact.
King County Parks Agreement
Robert Foxworthy, AICP
Regional Trails Coordinator
201 S. Jackson Street, KSC 0700
Seattle, WA 98104
206 - 477 -4566
King County Parks Capital Projects
Tri Ong, PE
Engineer /Capital Project Manager
2015. Jackson Street, KSC 0700
Seattle, WA 98104
206 - 477 -3591
City of Tukwila
Robin Tischmak
City Engineer
6300 Southcenter Boulevard, Suite 100, Tukwila, WA 98188
206 - 431 -2455
6. Effective Date /Duration. This Agreement shall be effective upon signature by both Parties and shall
continue until December 31, 2027. The terms, covenants, representations, and warranties contained
herein shall continue in force unless both Parties mutually consent in writing to termination of this
Agreement. The City agrees to retain these improvements for the duration of this Agreement unless
alterations are approved in writing by both parties.
7. Survivability. The provisions of Section 3 shall survive termination of this Agreement.
8. Extension. The City and County may agree to extend the duration of this Agreement for successive
10 year terms. In order for any such extension to occur, either the City or County may make a written
request to the other party not less than sixty (60) days prior to the otherwise applicable expiration date.
Any agreement by the City and County to the proposed extension shall be made in writing. If the parties
have not agreed to the extension in writing by the otherwise applicable expiration date, the Agreement
shall expire.
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 6
9. Metropolitan King County Council Appropriation Contingency. The County's performance under
this Agreement is contingent on the appropriation by the Metropolitan King County Council of sufficient
funds to carry out the performance contemplated herein.
10. Amendments. This Agreement is the complete expression of the terms hereto and any oral
representation or understanding not incorporated herein is excluded. Any modifications to this
Agreement shall be in writing and signed by both parties.
11. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and
benefit of the parties hereto. No other persons or entity shall have any right of action or interest in this
Agreement based upon any provision set forth herein.
12. Force Majeure. If either Party cannot perform any of its obligations due to events beyond its
reasonable control, the time provided for performing such obligations shall be extended by a period of
time equal to the duration of such events. Events beyond a Party's reasonable control include, but are
not limited to, acts of God, civil commotion, labor disputes, strikes, fire, flood or other casualty,
shortages of labor or materials, government regulations or restrictions, lawsuits filed challenging one or
more Permits or other agreements necessary for implementation of the Project and weather conditions.
13. Waiver. Waiver of any breach of any term or condition of this Agreement shall not be deemed a
waiver of any prior or subsequent breach. No term or condition shall be waived, modified, or deleted
except by an instrument, in writing, signed by the Parties hereto.
14. Relationship of the Parties. The Parties execute and implement this Agreement as separate
entities. No partnership, joint venture, or joint undertaking shall be construed from this Agreement.
15. Governing Law. This Agreement shall be governed and construed in accordance with the laws of
the State of Washington.
16. Authority. Each Party executing this Agreement represents that the Party has the authority to
execute this Agreement and to comply with all the terms of this Agreement.
17. 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.
18. Exhibits. All Exhibits referenced in this Agreement are incorporated by reference as if fully set forth.
19. Joint Drafting Effort. This contract shall be considered for all purposes as prepared by the joint
efforts of the Parties and shall not be construed against one Party or the other as a result of the
preparation, substitution, submission or other event of negotiation, drafting or execution thereof.
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 7
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last
written below.
King County Parks and Recreation Division City of Tukwila
By VJ-� By
Kevin Brown, Division Director Allan Ekberg, Mayor
Signed this / 3 day of P C , -7'c'/4 Signed this ‘91'1. day of , 7. -al%
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 8
Location of Mobility Connections
Baker Boulevard and Christensen Road
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Exhibit B
Mobility Connections Improvements on Baker Boulevard
The Baker Boulevard project site is approximately 1,300 feet in length and the street is designated as a
Collector Arterial in the Tukwila Comprehensive Plan. All Baker Boulevard street right -of -way is within
and owned by the City of Tukwila. The City's proposed rechannelization plan for Baker Boulevard
between Andover Park W. and Christensen Road is shown in Exhibit C. The alternative
bicycle /pedestrian improvements proposed by the County on Baker Boulevard are shown in Exhibit D
and are consistent with the Tukwila Mobility Connections concept (March 2016), King County DNRP,
Baker Boulevard — King County Proposal Option 1 Buffered Bike Lanes (Option 1). These improvements
modify the City's proposed rechannelization plan. Proposed modifications include:
• Reduce the width of the parking lane between Andover Park W. and Andover Park E. to 8.0 feet;
• Change the proposed 6.0 -foot conventional bike lanes between Andover Park W. and Andover
Park E. to 6.5 -foot buffered bike lanes. 6.5 -foot buffered bike lanes to include 5.0 -foot bike lane
with 1.5 foot, half chevron painted buffer area;
• Maintain the full width of the 6.5 -foot buffered bike lanes at both the westbound approach to
Andover Park W and the eastbound approach to Andover Park E by reducing vehicle travel lanes
widths to those outlined in Exhibit D or other dimensions based on best engineering judgement;
• Ensure the eastbound buffered bike lane is striped along its entire length between Andover Park
W. and Andover Park E.;
• Reduce the width of vehicle travel lanes between Andover Park E. and Christensen Road to 12.0
feet;
• Change the proposed 6.0 -foot conventional bike lanes between Andover Park E. and Christensen
Road to 7.5 -foot buffered bike lanes. 7.5 -foot buffered bike lanes to include 5.5 -foot bike lane
with 2.0 foot, half chevron painted buffer area;
• Install green - colored markings in buffered bike lane at the westbound mixing zone at approach
to Andover Park W.;
• Install bike boxes with green - colored markings at eastbound and westbound approaches to
Andover Park E; and
• Green- colored markings may be paint, MMA /Epoxy or Thermoplastic based on the City's
engineering and maintenance preferences.
The City will use these proposed modifications to produce a final rechannelization plan for Baker
Boulevard for review and approval by the County prior to implementation.
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 10
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Exhibit E
Mobility Connections (Shared Use Path) Improvements on Christensen Road,
Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment
The Christensen Road project site is approximately 520 feet in length and the street is designated as a
Local Street in the Tukwila Comprehensive Plan. All Christensen Road right -of -way is within and owned
by the City of Tukwila. Improvements are based on and consistent with plans and engineering designs
for the Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment, as shown in Exhibit
E. Improvements to include:
• Reconfiguration of Christensen Road to construct a 12- foot -wide paved shared use path
separated from street vehicle traffic along the eastern edge of road right -of -way;
• The shared use path to include a soft- surface buffer between the path and the roadway which
varies in width based on site conditions;
• The shared use path extends between the Green River Trail and Baker Boulevard, including
bicycle and pedestrian access to both the Green River Trail and Baker Boulevard at the
intersection of the Baker Boulevard and Christensen Road; and
• Related trail landscaping and ADA accessible features.
Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and
Christensen Road
Page 15
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