HomeMy WebLinkAboutPW13-120 - Original - King County Metro Transit Division - Bus Stop Improvements on SE 256th St - 07/09/2013 .a«».. Yk... ...
Records Management
KENT Document
W gSHINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: King County Metro Transit Division
Vendor Number:
JD Edwards Number
Contract Number: PW k 3- `2,0
This is assigned by City Clerk's Office
Project Name: Agreement between King County & City of Kent for Funding &
Construction of Bus Stop Improvements on SE 256th St from Kent-Kangley Rd to 1161h
Ave SE.
Description: ❑ Interlocal Agreement ❑ Change Order El Amendment ❑ Contract
® Other: Agreement
Contract Effective Date: July 9, 2013 Termination Date: Dec. 31,
2015
Contract Renewal Notice (Days): N/A
Number of days required nOtlEe feF termination or renewal eF amendment:
Contract Manager: Granville Horn Department: Public Works Design
Detail: (i.e. address, location, parcel number, tax id, etc.):
Agreement w/King County State of WA DOT, Metro Transit Division - construct road
improvements alog a section of SE 256th St (from the "Y" intersection @ Kent-Kangley
Road to 116{ Ave SE including a center left turn lane, curb, gutter & sidewalks, lighting
& landscaping. Transit to continue to provide service on SE 2561h St.
Bus Stop Improvements.
S•Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
a
King County
Department of Transportation
Metro Transit
Transit Route Facilities
201 South Jackson Street
M.S.KSC-TR-0413
Seattle,WA 98 1 04-3 856
July 11,2013
Nick Horn
City of Kent
400 West Gowe Street
Kent, WA 98032
Nick,
RE. Aereement between Kin County and the Citv of Kent for fundine and construction of bus stop
improvements on SE 256`h Street from Kent-Kaneley Road to 116th Avenue SE.
Please find one signed copy of the agreement between the City of Kent and King County Metro.
Thank you for your work on this project I look forward to working with you to see this project through completion
Sincerely,
Daniel M Wells
Senior Transit Planner
Metro Transit,Route Facilities Planner
City of Kent/King County Metro Agreement—SE 256*Street
AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR
FUNDING AND CONSTRUCTION OF BUS STOP IMPROVEMENTS ON
SE 256" STREET FROM KENT-KANGLEY ROAD TO 1161h AVENUE SE
THIS BUS STOP IMPROVEMENTS FUNDING AND CONSTRUChION
AGREEMENT (the "Agreement") is made and entered into this�day of
%�J�� 2013, by and between the City of Kent, a municipal corporation of the
State of Washington(the "City"), and King County, a home rule charter county of the
State of Washington, acting through its Department of Transportation, Metro Transit
Division(the "County"), either of which entities may be referred to hereinafter
individually as"Party" or collectively as the "Parties."
WHEREAS, the City has undertaken a project to construct road improvements along a
section of SE 2561h Street(from the"Y" intersection at Kent-Kangley Road to 116"h
Avenue SE) including a center left turn lane, curb, gutter and sidewalks, lighting, and
landscaping (the "Project"); and
WHEREAS, it is the Parties' desire that transit service continue to be provided on SE
2561h Street, and
WHEREAS,the County has determined it would be in the public interest to enter into an
agreement with the City to arrange for the construction of shelter footings and pedestrian
pads by the City, as further specified herein, to provide transit access and other transit
amenities, and to meet the Americans with Disabilities Act ("ADA") guidelines; and
WHEREAS,the County is willing to reimburse the City for the actual costs to construct
the shelter pads;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
sufficiency of which is acknowledged, the Parties hereto agree as follows•
1. City Responsibilities
1.1 The City will be responsible for the design, construction, and acceptance of all
improvements, including those identified in Section 14 of this Agreement, as
further detailed in Attachment A: Design Details of Bus Stop Improvements,
which is incorporated herein by this reference (the "Bus Stop Improvements").
1.2 The City will be responsible for the administration of any contracts it enters into
for the performance of its responsibilities under this Agreement. The City will
provide the County with a construction schedule and meet a Project completion
date of March 1", 2015. Prior to issuance of acceptance of any contractor's work,
BUS STOP IMPROVEMENTS AGREEMENT: SE 256 STREET
Between King County and the City of Kent
Page 1 of 7
the City will notify the County and provide the County with the opportunity to
inspect and comment on the Bus Stop Improvements included in the Project.
However, neither the County's comments nor the County's inspection of City-led
improvements under this Agreement will relieve the City of its responsibility for
said improvements.
1.3 The City will notify the County Construction Inspector, Paul Miller, at 206-684-
2224, for framing inspection of each shelter footing two (2)working days prior to
pouring concrete. At the time of inspection,the shelter footings should be
framed,presented with supporting re-bar, conduit and electrical copper
grounding. The conduit location should be located in the right-rear corner of each
shelter footing.
1.4 The City will install six (6) bus stop shelter footings and pads at the locations of
the bus stops identified with particularity in this Subsection 1.4. All six of these
bus stops will connect the sidewalk to the curb in order to meet ADA
requirements. All six of these bus stops pads will be a minimum of thirty feet
(30')long (along the back-of-curb) and will be a minimum of five feet (5') wide
and will include the installation of a shelter footing immediately adjacent to the
back of the five foot pedestrian pad, built to the specifications provided by the
County shown in Attachment B, which is incorporated herein by this reference.
The six bus stop locations at which the City will install Bus Stop Improvements as
provided for in this Agreement are as follows:
Bus Stop Identification and Location:
62190 Westbound on SE 256t' Street; West of 1136h Avenue SE
62194 Westbound on SE 256`h Street; West of 1091h Avenue SE
62196 Westbound on SE 256`h Street; At Kent Kangley Road
62236 Eastbound on SE 2561h Street; West of 106`h Avenue SE
62238 Eastbound on SE 256th Street; East of 109`h Avenue SE
62242 Eastbound on SE 256th Street; West of 113`h Avenue SE
The City will install one (1) standard bus stop pad at the location identified in this
Subsection 1.4. It will connect the sidewalk to the curb in order to meet ADA
requirements, and consist of two (2)ten foot (10') long (along the back-of-curb)
slabs separated by a ten foot(10') landscape area that will not interfere with coach
operations. The pads will be a minimum of five foot (5') wide, built to the
specifications provided by the County shown in Attachment B, which is
incorporated herein by this reference. The bus stop location at which the City will
install the Bus Stop Improvement as provided for in this Agreement is as follows:
Bus Stop Identification and Location:
BUS STOP IMPROVEMENTS AGREEMENT: SE 256 STREET
Between King County and the City of Kent
Page 2 of 7
62186 Westbound on SE 256th Street; West of 116th Avenue SE
1.5 The City authorizes the County to install transit amenities, at the County's
discretion, including, but not limited to, shelters, seating, lighting, signage and
trash receptacles when the City notifies the County of completion of the Project.
The City will provide the County with all necessary documentation and permits to
install said transit amenities. Likewise, the City will provide the County with all
necessary documentation and permits for proper traffic control, to be administered
by the County.
2. County Responsibilities
2.1 Upon notification for inspection of each shelter footing, and subsequent
inspection, the County will notify the City in writing of a positive inspection and
approval of concrete pour. If at the time of inspection, the shelter footings are
not prepared correctly, the County will instruct the City of the changes needed
and will request an additional shelter footing inspection if needed.
2.2 Upon notification by the City of the completion of all seven bus stop
improvements,the County will inspect the improvements. If the County finds
that any work does not meet the terms of this Agreement, or any specifications or
terms established hereunder,the County will prepare a punch list of such items
and submit it to the City Work that does not comply with the agreed upon
specifications and terms will be corrected by the City at no cost to the County.
Notice of acceptance will not constitute acceptance of any unauthorized or
defective work or material. The County retains all rights hereunder and at law to
require the City to remove, repair, replace, or dispose of any unauthorized or
defective work or to recover damages for any such work or material.
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
installation. the County will install said bus stop signs paint and other amenities.
The County will install shelter frames on the recently constructed shelter
footings at the following four(4) bus stop locations:
Stop Identification and Location:
62190 Westbound on SE 256th Street; West of 113`h Avenue SE
62196 Westbound on SE 256th Street; At Kent Kangley Road
62236 Eastbound on SE 2561h Street, West of 106th Avenue SE
62242 Eastbound on SE 256`' Street; West of 113th Avenue SE
BUS STOP IMPROVEMENTS AGREEMENT: SE 256 STREET
Between King County and the City of Kent
Page 3 of 7
3. Payment
3.1 The County will reimburse the City an amount not to exceed $33,000 for
completion of the Bus Stop Improvements as specified in this Agreement.
3.2 The City will invoice the County (in writing) upon completion of the tasks
identified in Section 1.4, by sending the invoice to the County Project Contact at
the address as shown in Section 8.2. The County will make payment to the City
within thirty (30) working days of receipt of an invoice for work determined to be
performed in accordance with the terms of the Agreement.
4. Ownership and Maintenance
4.1 Unless otherwise agreed to by the Parties, the City will own and maintain all Bus
Stop Improvements constructed by the City as part of this Project. The County
will own and maintain all of the transit amenities installed after the completion of
this Project.
5. Legal Relations
5.1 It is understood that this Agreement is solely for the benefit of the Parties 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. 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.
5.2 Each Party shall defend, indemnify, and hold harmless the other Party and all of
its officials, employees, principals, and agents from all claims, demands, suits,
actions and liability of any kind, including injuries to persons or damage to
property, that arise out of, are connected with, or are due to any negligent acts or
omissions of the indemnifying Party and/or its contractors, officials, employees,
agents and representatives in performing work under this Agreement. Each Party
specifically assumes potential liability for actions brought by its own employees
against the other Party and for that purpose only each Party specifically waives, as
to the other Party only, any immunity under the Industrial Insurance Act, Title 51
RCW, and the Parties acknowledge that this waiver was the subject of mutual
negotiation. The provisions of this section shall survive the expiration or earlier
termination of this Agreement.
BUS STOP IMPROVEMENTS AGREEMENT: SE 256 STREET
Between King County and the City of Kent
Page 4 of 7
5.3 The City and the County shall comply and shall ensure that their contractors, if
any, comply with all federal, state and local laws, regulations, and ordinances
applicable to work and services to be performed under this Agreement.
5.4 In the event any Party incurs attorney's fees, costs or other legal expenses to
enforce provisions of this Agreement against the other Party, each Party shall be
responsible to pay all its own fees, costs and expenses.
5.5 This Agreement shall be interpreted in accordance with the laws of the State of
Washington in effect on the date of execution of this Agreement. The Superior
Court of King County, Washington, situated in Seattle, shall have exclusive
jurisdiction and venue over any legal action arising under this Agreement.
5.6 The provisions of this Section shall survive any expiration of termination of this
Agreement.
6. Records and Audit
During the progress of the design and construction of all improvements covered
by this Agreement and for a period no less than six (6) years from the date of
completion of all improvements, records and accounts pertaining to the work of
this Agreement and accounting therefore are to be kept available for inspection
and audit by representatives of the Parties. Copies of the records shall be
furnished upon request.
7. Agreement Duration and Termination
7.1 This Agreement shall take effect upon execution by both Parties and shall expire
December 31", 2015, unless extended by mutual agreement of the Parties or
unless terminated in accordance with the provisions of this Section.
7.2 Either Party may terminate this Agreement in the event that other party materially
breaches this Agreement. Written notice of such termination must be given via
certified 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
written notice to the other Party not less than thirty (30) days prior to the effective
date of termination.
7.4 Failure by either Party to require full and timely performance of any provision of
the Agreement at any time shall not waive or reduce the right of either Party to
insist upon complete and timely performance of such provisions or any other
provision thereafter.
BUS STOP IMPROVEMENTS AGREEMENT: SE 256'H STREET
Between King County and the City of Kent
Page 5 of 7
8. Identification of Party Contacts
8.1 The City and the County will both appoint a Project Manager to represent the
interests of their respective agencies. The two Project Managers will work
collaboratively to implement this Agreement.
8.2 All official communication concerning this Agreement should be directed to the
following Project Contacts:
Granville N. Horn Daniel M. Wells
Project Engineer Senior Transit Planner
Design Engineering Transit Route Facilities, Service
City of Kent, Public Work Department Development
253-856-5529 King County Department of
ghorn@KentWA.gov Transportation
206-263-4745
daniel.wells@Ringcounty.gov
Any changes in agency contacts from those noted above must be confirmed in
writing to the other Party.
9. Entire Agreement:
This Agreement contains all terms, conditions and provisions agreed upon by the
Parties hereto, and shall not be modified except by written amendment. Such
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 Public
Works Director, and for and on behalf of the County by its Supervisor of the
Transit Route Facilities group.
10. Severability:
If any provision of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of the Agreement shall not be affected thereby if such
remainder would then continue to serve the purposes of the objectives originally
contemplated by the Parties.
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the last
date written below
BUS STOP IMPROVEMENTS AGREEMENT: SE 256 STREET
Between King County and the City of Kent
Page 6 of 7
THE CITY OF KENT
By
uzett oke, Mayor Date
KING CO , y q
ByA / l l�
Victor Obeso, Manager Date
King County Department of Transportation
Metro Transit Division
Service Development Section
BUS STOP IMPROVEMENTS AGREEMENT: SE 256 STREET
Between King County and the City of Kent
Page 7 of 7
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