HomeMy WebLinkAboutPW16-034 - Original - King County - Bus Stop Improvement Funding & Construction Agreement - 01/19/2016 4
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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
Vendor Number:
JD Edwards Number
Contract Number: @�0
This is assigned by City Clerk's Office
Project Name: Bus Stop Improvements on Central Ave. S,
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 1/19/16 Termination Date: 12/31/16
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: Engineering
Contract Amount: $14,180.00
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Construction of shelter footings and pedestrian landing pads to provide transit access and
other transit amenities, and to meet the American with Disabilities Act guidelines. The
County will reimburse the-City towards funding the improvements. _
As of: 08/27/14 ''.
AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR FUNDING
AND CONSTRUCTION OF BUS STOP IMPROVEMENTS
ON CENTRAL AVENUE SOUTH
THIS BUS STOP IMPROVEMENTS FUNDING AND CONSTRUCTION AGREEMENT (the -
"Agreement") is made and entered into this�day of �2016, by and
between the City of Kent, a municipal corporation of the State of WaslrYngton(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
Central Ave. S (from Willis St. to the Green River Bridge) including sidewalk replacement and
pavement overlay.
WHEREAS,it is the Parties' desire that transit service continue-to be provided on Central Ave.
S; 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 landing
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 an amount not to exceed $14,190
towards funding the improvements;
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 1.4 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 September 1,
2016. Prior to issuance of acceptance of any contractor's work, the City will notify the
County and provide the County with the opportunity to inspect and continent on the Bus
Stop Improvements included in the Project. However,neither the County's comments
BITS STOP IMPROVEMENTS FUNDING AND CONSTRUCTION AGREEMENT
Between King County and the City of Kent
Page 1 of 6
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 206-263-1170, 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 comer of each shelter footing.
1.4 The City will install six (6) new bus stop landing pad extensions and tllree (3) bus shelter
footing; type B21 at the locations of the bus stops identified with particularity in this
Subsection 1.4. All seven of these bus stops will provide curb and sidewalk for a
minimum of 47' to accommodate all bus door openings on a 60' bus and will provide a
minimum depth of 8' of concrete(wherever public ROW exists) at the location specified
for a bus stop and where the front door of the bus opens. The City agrees to maintain the
existing facilities at bus stops affected by this project but not planned for improvement.
The seven(7)bus stop locations that are affected by this project and the planned
improvements are as follows:
Bus Stop Identification and Location:
Stop
ID _ St.# Dir On Street Cross St Improvement _
E Russel
58150 601160 SSB. Central Av S Farside St 8'X 10' Landing Pad
58170 913 SB Central Av S NearMiddle S 259 St 8'X 10 Landing pad
58180 1117 __SB_ Central Av S .Farside S 259 St 8'X 10 Landing pad
58190 1401 SB Central Av S Farside S 262 St 8'X 10 Landing pad
58210 1721 SB Central Av S Nearside S 266 St 8'X 10'Landing pad; New B21 Shelter Footing
57960 1404 NB Central Av S Farside S 266 St 8'X 10' Landing Pad & Replace shelter footing w/B21
_
57962 1404 NB Central Av S Nearside S 262 St Replace Shelter Footing w/1321
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.
BUS STOP IMPROVEMENTS P1JNDING AND CONSTRUCTION AGREEMENT
Between King County and the City of Kent
Page 2 of 6
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 four bus stop locations,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 dainages 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 may
choose to install a shelter frame on the recently constructed shelter footing at the
following three (3) bus stop locations:
Stop ID Dir On Street Cross St
58210 SB Central Av5 Nearside S 266 St
57960 NB Central Av S Farside S 266 St
57962 NB Central Av S Nearside S 262 St
3. Payment
3.1 The County will reimburse the City an amount not to exceed$14,180 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.
BUS STOP IMPROVEMENTS FUNDING AND CONSTRUCTION AGREEMENT
Between King County and the City of Kent
Page 3 of 6
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 anv of its contractors or subcontractors shall be deemed, or represent thernselves
to be, employees or agents of the other Party.
5.2 Each Party shall defend, indemni fy, 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 ordy, 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.
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.
BUS STOP IMPROVEMEN l'S FUNDING AND CONSTRUCTION AGREEMENT
Between King County and the City of Kent
Page 4 of 6
1.
6. Records and Audit
During the progress of the design and construction oral] 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 slrall 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", 2016, 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.
I
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.
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:
Mark Madfai Daniel M. Wells
Engineering Supervisor Senior Transit Plattner
Design Engineering Transit Route Facilities, Service Development
City of Kent,Public Work Department King County Department of Transportation
253-856-5529 206-477-5795
MMadfai@KentWA.gov daniel.wells@kingeounty.gov
BUS STOP IMPROVEMENTS FUNDING AND CONSTRUCTION AGREEMENT
Between King County and the City of Kent
Page 5 of 6
Any changes in agency contacts from those noted above must be confirmed in writing to
the other Partv.
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.
THE CITY OF KENT
ByE 'Co*'
Suzette Mayor Date r
r
KING COUNTY
y '�.T
Marty Minkoff, Acting Manag Date
King County Department of ansportation
Metro Transit Division
Service Development Section
BUS STOP IMPROVEMENTS FUNDING AND CONSTRUCTION AGREEMENT
Between King County and the City of Kent
Page 6 of 6
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