Loading...
HomeMy WebLinkAboutCOW 2013-03-11 Item 5D.2 - Interlocal Agreement - RapidRide Intelligent Transportation System with King CountyRapidRide Intelligent Transportation System Agreement By and between King County and the City of Tukwila, Washington This RAPIDRIDE INTELLIGENT TRANSPORTATION SYSTEM AGREEMENT ( "Agreement ") is made and entered into this day of , 2012 by and between the City of Tukwila, hereinafter referred to as the "City," and King County, hereinafter referred to as the "County," both of which may be collectively referred to as the "Parties." WHEREAS, the King County Ordinance No. 15582 (Transit Now Ordinance) identified a number of transit service measures to be implemented using the one -tenth of one percent sales and use tax collected through Transit Now that focus on capital, operating, and maintenance improvements that are expected to expand and improve bus service on local streets and arterials within King County; and WHEREAS, the key elements of bus rapid transit include new, low floor, hybrid diesel - electric buses; improved frequency of bus service; improved traffic operations; and transit stations with real time passenger information signs; and WHEREAS, mutually beneficial contractual arrangements with other public entities that leverage public funds to provide both new and better bus service to cities employers is a key strategy identified in the Transit Now Ordinance approved by King County voters in the general election on November 7, 2006; and WHEREAS, the County's bus rapid transit along this corridor is named F Line RapidRide and the Parties are interested in advancing the implementation of this project; and WHEREAS, the approved King County transit capital program includes funding to support these investments in traffic signal systems and communication necessary to implement F Line RapidRide; and •WHEREAS, the Parties have reached agreement on the location and components of the Intelligent Transportation System (ITS) and fiber optic cable resources as provided in the County's King County F Line ITS Corridor Improvements Construction Contract No. C00759C12 ( "Contract No. C00759C12 ") plans, copies of which are attached hereto as Exhibit B and incorporated herein by reference into this Agreement as if fully set forth herein; NOW IN CONSIDERATION of the mutual provisions, covenants, and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, and Parties agree as follows: 1. Purpose of the Agreement The purpose of this Agreement is to identify the roles and responsibilities of the Parties regarding the construction and maintenance of the F Line RapidRide Intelligent ITS Improvements. The Agreement identifies specific details regarding: A. City -owned conduit resources that the City will make available for County use. B. The County -owned fiber optic cable, power and other communication conductors the County will install in City conduits. 109 C. The County -owned fiber optic cable, power and other communication conductors the County will install in new conduits. D. The fiber optic cable the County will install for the City's use. E. The terms and conditions for the ownership and maintenance of the ITS cabinets (332 RapidRide ITS cabinets, 336A RapidRide ITS cabinets) and TSP compatible traffic signal controller cabinets (double door P -style cabinets) as shown in Contract No. C00759C12 plans, shown in Exhibit A, that are required to operate RapidRide transit ITS elements. 2. City Responsibilities 2.1. The City shall allow the County to install new ITS cabinets, fiber vaults, junction boxes and conduits within City right of way as shown in the Contract No. C00759C12 plans. 2.2. The City shall allow the County to install fiber optic cable, power and other communication conductors in City -owned conduits as shown in the Contract No. C00759C12 plans. 2.3. The City shall install a TSP interface panel furnished by the County in the City's traffic signal controller cabinet. The City shall permit the County or its contractor to pull and terminate communication conductors from the County's RapidRide ITS cabinet to the interface panel in the City's traffic signal controller cabinet at locations shown in the Contract No. C00759C12 plans. 2.4. The City shall test, accept, and install two double door P cabinets provided by the County, at Southcenter Blvd /42nd Avenue South and Strander Blvd /Andover Parkway West, within sixty days of receiving them or by January 15d', 2012, whichever is later The City shall also install County furnished TSP compatible traffic signal controllers at these two Locations as shown in the Contract No. C00759C12 plans. 2.5. The City shall allow the County to install a 20 amp breaker in the City's traffic signal service cabinet or provide an alternate service connection for the ITS cabinet, and the City shall pay for the electricity required to operate all of the equipment housed in the RapidRide ITS cabinets. The City will allow the County's contractor to install all conduit and wiring needed to provide power to the ITS cabinets from the service cabinets as shown in the Contract No. C00759C12 plans. 2.6. The City shall allow the County to install the Wireless Access Point (WAP) on the City's traffic signal mast arm or luminaire arm as shown in the Contract No. C00759C12 plans. The City shall also permit the county to install the associated CATS cable in the City's signal /lighting pole and conduit from the WAP to the RapidRide ITS cabinet. 2.7. The City agrees to dedicate two - strands of fiber optic cable from Andover Park W /Strander Blvd to Southcenter Parkway /S 180th St for backhaul connection. 2.8. The City shall review, approve, and implement new transit signal priority (TSP) timing plans as proposed by the County at the TSP intersections along the F Line RapidRide corridor. The City reserves the right to modify signal and TSP timings if, after implementation of TSP the City determines that a significant adverse effect on intersections safety or level of service has occurred. 2.9. The City shall provide a right of way use permit for the County to work within the City's right of way and grant the necessary rights for the continuing existence of the County's improvements in the City's right of way in accordance with this Agreement. The right of way use permit shall 110 contain the City's standard terms and the right for continuing existence granted under this Agreement and shall be subject to the following terms and conditions: • The County shall keep ITS improvements installed by the County pursuant to this ITS Agreement ( "F Line RapidRide ITS Improvements ") in good order and repair and shall comply with all City requirements for undertaking work in the right of way when installing, repairing or replacing the F Line RapidRide ITS Improvements. • Relocation at City's Request. • If the City requests relocation of the County ITS hnprovements in City right of way for the purposes of making street improvements or other public improvements solely by the City, the F Line RapidRide ITS Improvements will be relocated subject to the City's relocation procedures and the following conditions: • The City must provide one hundred and eighty days notice to the County prior to the date by which the F Line RapidRide ITS Improvements must be relocated. • The City and the County shall coordinate the design of the relocated F Line RapidRide ITS Improvements. • The County must approve the design, such approval not to be unreasonably withheld or delayed. • Unless otherwise agreed to by the Parties, the County shall perform the relocation. • Prior to starting construction of the relocated F Line RapidRide ITS Improvements, the City and the County shall agree on how the cost of the relocation, including costs of delays caused by the County, will be shared between the City and County. The parties shall attempt to resolve disputes regarding cost allocation using the dispute resolution process provided in Section 13 below. • If the City requests relocation of the F Line RapidRide ITS Improvements for any purpose other than making street improvements or other public improvement solely by the City, the F Line RapidRide ITS Improvements will be relocated subject to the City's relocation procedures and the following conditions: • The City must provide one hundred and eighty days notice to the County prior to the date by which the F Line RapidRide ITS Improvements must be relocated. • The City and the County shall coordinate the design of the relocated F Line RapidRide ITS Improvements. • The County must approve the design, such approval not to be unreasonably withheld or delayed. • Unless otherwise agreed to by the Parties, the County shall perform the relocation. • The City shall reimburse or cause a third party to reimburse the County for all costs the County incurs as a result of the design and relocation of the F Line RapidRide ITS Improvements. • Relocation at the County's Request. • If the County requests relocation of the F Line RapidRide ITS Improvements in City right of way for any purpose: 111 • The County must provide one hundred and eighty days notice to the City prior to the date by which the F Line RapidRide ITS Improvements are to be relocated. • The City and the County shall coordinate the design of the relocated F Line RapidRide ITS Improvements. • The City must approve the design, such approval not to be unreasonably withheld or delayed. • Unless otherwise agreed to by the Parties, the County shall perform the relocation. • The County shall pay fees for any and all required permits for the relocation and shall reimburse the City for all costs incurred as a result of the design and relocation of the F Line RapidRide ITS Improvements other than the cost of City staff time spent on such activities. 3. County Responsibilities 3.1. The County shall be responsible for all work activities required to design, construct and inspect the F Line RapidRide ITS Improvements. The County or its contractor will construct and install fiber optic cable, conduit, junction boxes, fiber vaults, wiring, ITS cabinets, service cabinet upgrades and all related equipment within the City's right of way in accordance with this Agreement and the County's Contact No. O00759C12 plans and the right of way permits granted by the City under Section 2.8. 3.2. The County shall submit to the City the Contract No. C00759C12 plans for the City's review and approval before initiating construction. The City will have the opportunity to review and provide written comments on the plans for consistency with the recommended F Line RapidRide ITS Improvements. The County shall submit the plans to the City in electronic form. 3.3. The County shall coordinate with the City and either Seattle City Light or Puget Sound Energy, depending on applicable service area, as to any new electrical service connections requirements. 3.4. The County shall furnish the transit signal priority (TSP) interface panel for the City to install in the City's traffic signal controller cabinets at the proposed TSP locations as shown in Contract No. C00759C12 plans and listed below: • Southcenter Blvd / TIBS • Southcenter Blvd/ Macadam Rd • Southcenter Blvd /42 "d Ave S • Southcenter Blvd / MacAdam Road S • Southcenter Blvd / 61st Ave S • Southcenter Blvd / 66th Ave S • Tukwila Parkway /Andover Park E • Tukwila Parkway / Andover Park W • Andover Park W / Baker Blvd • Strander Blvd / Andover Park E 112 The County or its contractor shall terminate communication conductors to the TSP interface panel in the City's signal controller cabinet that shall be connected to the TSP interface panel in the RapidRide ITS cabinet. 3.5. The County shall furnish TSP compatible traffic signal controller cabinets (double door P -style cabinets) and turn over to the City to install at the proposed TSP locations, as shown in Contract No. C00759C12 plans and listed below: • Southcenter Blvd / 42nd Ave S • Andover Park W. / Strander Blvd The County shall install the Transit Signal Priority Request Generator(TPRG) unit in the upper compaitnient of the double door P cabinet and shall connect the TPRG to the City's signal controller to enable transit signal priority at these intersections. 3.6. The County shall develop new transit signal priority (TSP) timing plans for the TSP intersection listed in Section 3.4. The City shall review and approve the new TSP plans and shall implement the timings in the traffic signal controllers. 4. Fiber Optic Cable 4.1. The County shall install a 72 -count fiber optic trunk cable along the majority of the F Line RapidRide corridor along Southcenter Blvd and West Valley Highway. A smaller 24 -count lateral cable will be installed to the Commercial Business District (CBD) intersections south of Southcenter Blvd and west of West Valley Highway to each of the fiber vaults identified on the Contract X plans. 12 -count laterals shall be spliced from the 24 -count lateral cable along Andover Park E to the ITS cabinets on Andover Park W, as a part of the F Line RapidRide ITS Improvements. The 72 -count trunk cable size will provide future communication capacity which could be used by King County and the local agencies for other purposes. The 72 -count fiber shall be distributed between King County and the local agencies as follows: Agency Fiber Assignment I ing Co Linty Metro ➢ ttpidl ;ide City of Tukwila Communications !met ogeney ('ominttt me tipc�i� 24 Sls tndsm(I -241 24 Strands (25 -48) 21 S ands (19 -72) 4.2. Where 24 -count lateral cables are installed, all 24 fibers shall be allocated to King County. 4.3. The County shall install an additional 72 strands of fiber for the City of Tukwila on Southcenter Blvd between 62nd Ave S and West Valley Highway. The 144 -count fiber optic cable will be installed for this section of the corridor to provide the RapidRide fiber strands as well as additional City of Tukwila fiber strands in one cable. The additional 72-strands of fiber (strands 73 -144) will be for City of Tukwila use. The County shall terminate the fibers assigned for City of Tukwila Communications into a RapidRide ITS termination cabinet (332 type) at the intersection of Southcenter Blvd/ 62nd Ave S. 4.4. The City shall provide 2- strands of City fiber from Andover Park W/ Strander Blvd to Southcenter Parkway / S 180th St for King County Metro RapidRide use. 113 4.5. Concurrent with this Agreement, the Parties will enter into a separate fiber optic project agreement to establish the terms and conditions for the ownership and maintenance of the 72- count fiber optic cable. 5. Ownership and Maintenance 5.1. The City will continue to own all City -owned conduits that it has made available to the County for the F Line RapidRide ITS project. 5.2. The F Line RapidRide ITS Improvements to the City-owned conduit, junction boxes, and traffic signal controller equipment shall become property of the City upon their completion and final acceptance. This includes the TSP interface panel housed within the traffic signal controller cabinet. 5.3. The County will own and maintain the RapidRide ITS cabinet and all new fiber optic cable, conduit, and other communication equipment and cable it installs within the ITS cabinet between the County's RapidRide ITS cabinet and the nearest junction box or vault. 5.4. The City will own and maintain the two double door P- cabinets funded by this Agreement. This includes all City- supplied equipment and the TSP interface panel housed in the lower compartment of this cabinet. 5.5. The County will own and maintain all County- supplied equipment housed in the upper compartment of the double door P- cabinets that will be installed by the County after the City completes installation of the new double door P- cabinets. 5.6. A goal of the RapidRide Program is to achieve a minimum of ten percent transit travel time from roadway and TSP improvements. The Parties agree to make their best faith effort to achieve and maintain a ten percent or greater transit travel time improvement on the F Line RapidRide route between the terminals at `The Landing' in Renton and Burien Transit Center. The County intends to perform before and after transit travel time studies and share this information with the City to assist in maintaining the transit travel time improvements. 5.7 The separate, concurrent agreement on the terms and conditions for the sharing of fiber optic installation projects will establish the ownership and maintenance for the 72- strand fiber optic cable. 6. Financing Total Project Price. The project price is $804,269. See Attachment A. 114 7. Schedule 7.1 The scheduled date to begin construction of the F Line ITS Improvements is January 17, 2013. 7.2 The scheduled date for completion of the F Line .ITS Improvements is September 17, 2013. 7.3 The scheduled date for beginning RapidRide service is September 29, 2013. 8. Insurance and Indemnification 8.1 Insurance Requirements. If the County uses a contractor to perform work under this Agreement, after taking into account the scope of work and services which may be performed by its contractor(s), the County shall require that the County's contractor maintain Commercial General Liability, Professional Liability if professional services are required, Automobile Liability insurance, Statutory Workers Compensation, Employers Liability /Stop Gap and other insurance as may be required with prudent limits of liability as established by a County risk assessment. 8.2 Any such contractor insurance specified in Subsection 8.1 shall insure the County, its contractor, and the City and its officers, officials, agents and employees against loss arising out of or in connection with activities, performed in furtherance of this Agreement by the County's contractor. Contractor's general and automobile liability insurance and other liability insurance, except Workers Compensation and Professional Liability, as may be required shall include the City and its officers, officials, agents and employees as an additional insured and shall contain standard separation of insured's language. The County's contractor's insurance shall be primary to and not contributing with any insurance or self insurance that may be carried by the City. 8.3 Indemnification and Hold Harmless. To the maximum extent permitted by law, each Party shall protect, defend, indemnify and save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and /or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the services associated with this Agreement caused by or resulting from each Party's own negligent acts or omissions. 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 agrees that its obligations under this provision extend to any claim, demand, and /or cause of action brought by or on behalf of 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 a 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. Each Party shall require similar indemnification language in all Agreements with subcontractors entered into in conjunction with this Agreement. 115 9. Effective Date and Term of Agreement This Agreement shall take effect upon the latest date on which one of the Parties executes this Agreement, and shall continue unless terminated pursuant to the terms of this Agreement. 10. Agreement Termination Either Party may terminate this Agreement in the event that the other Party materially breaches this Agreement. Written notice of such termination and a description of the breach must be given via certified mail by the Party terminating this Agreement to the other Party not Tess than sixty days prior to the effective date of termination. The breaching Party shall be given this sixty days in which to cure its material breach. If the breaching Party fails to cure within sixty days, the Agreement is immediately terminated. Upon termination, the Parties shall determine final costs and payments to be made by each Party. 11. Entire Agreement and Amendments 11.1 Entire Agreement. This document contains all terms, conditions and provisions agreed upon by the Parties hereto, and shall not be modified except by written amendment. 11.2 Amendments. Except as otherwise provided for in this Agreement, amendments may be made to this Agreement within the previously approved budget or other applicable authority for and on behalf of the City by its City Manager, and for and on behalf of the County by its General Manager of the Transit Division and shall be in writing and executed by such duly authorized representative of each Party. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto. 12. Notification and Identification of Contacts 12.1 Notice. Any notice or communication required or permitted to be given pursuant to this Agreement shall be in writing, and shall be sent postage prepaid by U.S. Mail, return receipt requested, to the contact persons and addresses identified in Subsection 12.2 of this Agreement unless otherwise indicated by the Parties in writing. 116 12.2 Contact Persons and Addresses. The contact persons for the administration of this Agreement are as follows: City of Tukwila: Cyndy Knighton Senior Transportation Engineer Public Works Department City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 (206) 431 -2450 King County, Metro Transit: Franco Fernandes Project Manager Transit Route Facilities 201 S Jackson Street KSC -TR -0413 Seattle, Washington 98104 -3856 (206) 263 -3134 13. Dispute Resolution Process The Parties, through their designated representatives identified in Subsection 12.2 of this Agreement, shall use their best efforts to resolve any disputes pertaining to this Agreement that may arise between the Parties. If these designated representatives are unable to resolve a dispute, the responsible Project Directors of both Parties shall review the matter and attempt to resolve it. If they are unable to resolve the dispute, the matter shall be reviewed by the department directors of the Parties or their designees. The Parties agree to exhaust each of these procedural steps before seeking to resolve disputes in a court of law or any other forum. 14. Records Retention and Audit During the progress of the Work and for a period not less than three years from the date of completion of the Work or for the retention period required by law, whichever is greater, records and accounts pertaining to the Work and accounting therefore are to be kept available by the Parties for inspection and audit by representatives of the Parties and copies of all records, accounts, documents, or other data pertaining to the Work shall be furnished upon request. Records and accounts shall be maintained in accordance with applicable state law and regulations. 15. Compliance with Applicable Laws The Parties agree to comply with all applicable federal, state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and agree to require the same of any subcontractors providing services or performing any of the Work using funds provided under this Agreement. 117 16. Legal Relations 16.] No Partnership or Joint Venture. No joint venture, agent - principal relationship or partnership is formed as result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees or agents of the other Party. 16.2 No Third Party Beneficiaries. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 16.3 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 16.4 Binding on Successors and Assigns. This Agreement, and all of its terms, provisions, conditions, and covenants, together with any exhibits and attachments now or hereafter made a part hereof, shall be binding on the Parties and their respective successors and assigns. 16.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by both Parties. 16.6 Waiver of Default. Waiver of any default shall not be deemed to be a waiver of any subsequent default; as such, failure to require full and timely performance of any provision at any time shall not waive or reduce the right to insist upon complete and timely performance of any other provision thereafter. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms ofthis Agreement unless stated to be such in writing, signed by duly authorized representatives of the Parties, and attached to the original Agreement. 16.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16.8 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 16.9 Rights and Remedies. The Parties' rights and remedies in this Agreement are in addition to any other rights and remedies provided by law. 16.10 Severability. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable.. 16.11 Entire Agreement. This Agreement embodies the Parties' entire understanding and agreement on the issues covered by it, except as may be supplemented by subsequent written amendment to this Agreement, and supersedes any prior negotiations, representations or draft agreements on this matter, either written or oral. 16.12 Survival. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination ofthis Agreement. 118 17. Execution of Agreement — Counterparts This Agreement may be executed in two counterparts, either of which shall be regarded for all purposes as an original. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated under their signatures. KING COUNTY DEPARTMENT OF TRANSPORTATION METRO TRANSIT DIVISION CITY OF TUKWILA By: Kevin Desmond, General Manager By: Jim Haggerton, Mayor Dated: Dated: APPROVED AS TO FORM: I3y: Dated: APPROVED AS TO FORM: By: Dated: 119 120 Attachment A Summary of F Line ITS Improvements F Line RapidRide Improvements Cost of Improvements Financial Plan County City 1 • Install fiber optic cable along Southcenter Blvd between TIBS and W Valley Hwy, on W Vally Hwy between Southcenter and Strander Blvd, and within the Tukwila CBD as shown in the Contract No. C00759C12 plans. $ 804,269 $804,269 $ 804,269 $804,269 -0- S -0 - 2. Install new F Line ITS cabinets with fiber termination panels and Ethernet switches at the following intersections: - Southcenter Blvd /TIBS - Southcenter Blvd /Macadam Rd - Southcenter Blvd /61st Ave S - Southcenter Blvd /62nd Ave S (termination cabinet to City Hall) - Southcenter Blvd /66th Ave S - Tukwila Parkway /Andover Park W - Baker Blvd /Andover Park W - Strander Blvd /Andover Park E 3. hnstall new Double Door P style cabinets with fiber termination panel and Ethernet switch along with required communications hardware to provide TSP at the following signalized intersections: - Southcenter Blvd /42nd Ave S - Strander Blvd /Andover Park W 4. Install wireless access points as indicated on the Contract No. X plans. 5. Modify the signal at Southcenter Blvd /66th Ave S to provide a northbound through except transit lane and an overlap for the northbound right turn movement. 6. Install vaults for fiber splicing and cable storage. Equip existing vaults with rack for fiber storage. 7. Upgrade type 1 junction boxes to type 2 junction boxes to accommodate the fiber cable as indicated on the Contract No. X plans. 8. Install small sections of new conduit at signalized intersections as shown in the Contract No. X plans. 9. Develop and install signal plans for transit signal priority for TSP intersections along the corridor. Total 121 122 Exhibit B King County F Line ITS Corridor Improvements Construction Contract No. C00759C12 123