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HomeMy WebLinkAboutIL1991-0201 - Original - Municipality of Metropolitan Seattle - Transportation Improvement Plan - Kent/Des Moines Park & Ride - 05/14/1991 AGREEMENT THIS AGREEMENT, made and entered into this 14 day of 1991, by and between the Municipality of Metropoli an Seattle, a metropolitan municipal corporation of the State of Washington, hereinafter referred to as "Metro" , and the City of Kent, hereinafter referred to as the "City" , is made pursuant to Chapter 39 . 34 RCW, The Interlocal Cooperation Act. WITNESSETH WHEREAS, the parties to this Agreement each have the power to perform the terms and conditions of this Agreement; and WHEREAS, the City has adopted a 6 year Transportation Improvement Plan that includes the expansion of the Kent/Des Moines Park-and-Ride Lot; and WHEREAS, the City has Washington State Transportation Improvement Board (TIB) preliminary approval for funds to expand the Kent/Des Moines Park-and-Ride Lot; and WHEREAS, expansion of park-and-ride facilities at the Kent/Des Moines Park-and-Ride Lot would provide incentives for the greater use of transit and reduce congestion for surrounding thoroughfares; and WHEREAS, Metro and the City wish to cooperate in the design, acquisition of property and construction of the project; and WHEREAS, the City and Metro have, by appropriate legislative action, authorized this agreement; and WHEREAS, it is in the interest of the public served by both jurisdictions that said park and ride lot be expanded; NOW, THEREFORE, IT IS COVENANTED AND AGREED AS FOLLOWS: A. Purpose: The purpose of this Agreement is to outline the actions each party will take to ensure receipt of TIB grant funds that have been allocated for the expansion of the Kent/Des Moines Park-and-Ride Lot including but not limited to administration, property acquisition, design, permits and construction. B. Work: Metro and the City agree to administer and construct the above mentioned park-and-ride lot expansion according to the terms and conditions of this agreement. C. Term: The term of this agreement shall be until such time as distribution and administration of the TIB grant funds has been completed for this project, unless this Agreement is otherwise terminated sooner as provided for herein. D. Administration: Metro shall be the administrator responsible for administering this Agreement pursuant to Chapter 39 .34 RCW. E. Termination of Agreement: This Agreement shall terminate in the event TIB does not provide funding. In addition, either party may terminate this Agreement in the event the other fails to perform its obligations as described in this Agreement, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided to such other party. Either party may also terminate this Agreement without recourse by the other where performance is rendered impossible or impractical for reasons beyond such party' s reasonable control, including but not limited to, project costs exceeding Metro' s available budget. The party terminating this Agreement shall give written notice of same to the other party not less than fourteen (14) days prior to the effective date of the termination. F. Records: This Agreement shall be filed with the City Clerk of the City of Kent, the King County Auditor and the Secretary of State. G. Description of Services: The services provided for in this Agreement shall be performed as follows: 1. The City will prepare and submit the funding application and prospectus to the Transportation Improvement Board (TIB) and will administer the grant once received. Metro will provide support information such as site layouts, storm drainage, offside 2 improvements schematics, design standards and descriptions required to meet the application requirements. 2 . Metro will be the lead agency for State Environmental Policy Act Determinations. The Environmental Compliance Division of Metro's Technical Services Department shall prepare all environmental documentation. 3 . The City will assist Metro in the community involvement process that may be necessary for the project. 4 . Unless otherwise agreed to, Metro will provide appraisals, hazardous waste reviews and staff for property acquisition and/or condemnation. Once the project is completed, all title and interest in the real estate and improvements will be transferred to Metro which will own and maintain it. 5. The City of Kent will pursue deannexation of the park- and-ride lot expansion property which is within the corporate limits of the City of SeaTac. The City shall provide permit coordination between the jurisdictions as may be required if permits are required before the deannexation shall occur. At such time as SeaTac deannexation occurs, Kent shall initiate appropriate proceedings to annex the park-and-ride lot expansion property. 6. Metro will be responsible for design, construction and construction management and any additional work required to furnish a complete project. The City will submit plans for TIB approvals. The City will review the project and issue necessary permits in accordance with its standards. Metro shall be liable and responsible for all construction and related contracts and obligations owing to contractors thereunder. The City shall assume no liability for design and construction of the project. 3 7 . Metro agrees to provide the required twenty percent (20%) local match, estimated to be $480, 000, which may be used to cover project costs of Metro and/or Kent arising from design and engineering services, property acquisition, permits, construction administration, grant administration and project administration. As grant administrator, the City shall submit Metro's costs and the City's costs to the TIB for payment. After payment from TIB is received, the City shall forward to Metro the TIB reimbursement less any and all costs accrued by the City on the project. Should the project be terminated, Metro shall reimburse the City' s costs associated with the project up to the point of termination including costs that are not eligible for TIB reimbursement. It is understood that the City will not be liable for any project costs and will be reimbursed by Metro for any such costs incurred. H. Indemnification. Metro shall indemnify, defend and hold the City and all of its officers, agents and employees, acting in their official capacity, harmless from and against any and all suits, claims, or liabilities of any kind or nature, including costs or expenses, resulting in whole or in part, from the performance or omission of any employee, agent or representative of Metro under this agreement, and the City shall indemnify, defend and hold Metro and its officers and employees, acting in their official capacity or course of employment, harmless from any and all suits, claims or liabilities of any kind or nature, including costs and expenses, resulting in whole or part, from the performance or omission of any employee, agent or representative of the City under this Agreement. However, nothing in this agreement shall relieve either party from any liability arising from its own performance of this agreement. 4 I. Amendments. This document contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written agreement. J. Severability. Should any part, term or provision of this agreement be determined to be illegal, void or in conflict with any law of the State of Washington or United States of America, or otherwise be rendered unenforceable or ineffectual, such shall not affect the validity of the remaining portions and the same shall continue in full force and effect. K. Effective Date: The agreement shall be effective upon passage by the legislative body of parties hereto and upon execution of its authorized representative. IN WITNESS WHEREFOR, the parties hereto have hereunto set their hand and seals the day and year above written. MUNICIPALITY OF METROPOLITAN 'tITY OF KENT, WASHINGTON SEATTLE By: By' L EXECUTIVE DIRECTOR DPI KELLEHER MAYOR, CITY OF KENT APPROVED AS TO FORM: ATTEST: j ATTORNEY FOR MUNICIPALITY OF BRENDA JACOBER METROPOLITAN SEATTLE DEPUTY CITY CL RK APPROVED ASFORM: RO ER A. L BOVICH CITY ATTORNEY FO CITY OF KENT metro.doc 5