HomeMy WebLinkAboutLW16-121 - Original - Kent Fire Dept Reg Fire Authority (RFA) - 72nd Ave South Extension Project - 03/24/2016 R" ecords Managem (Ont ,
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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.
Xf you have questions, please se contact City C p rrk's Office.
Vendor Number-
JD Edwards Number
This is assigned by City Clerk's Office
Project Name- 'Uo LA-t U lPO)'IfCt
Desciriptiio . znterlecal Agreement ❑ Change Order ® Amendment ❑ Contract
IROther:
Contract Effective Date._ -3112 Lf III LP Terunin tFIon Date..
Conti-act Renewal Notice (Days)®
Number Of days required notice for terrniination or renewal or amendment
Contract Manager. Owo epart ent. J. cA vi
Contract Amount®
Approval Authority: ❑ Department Director ❑Mayer Acity COUnci1 L
Detail. (iimea address, location, parcel number, tax id, etc.):
adccW 1087a_s_z4
REQUEST FOR MAYOR'S SIGNATURE
KENT Print on Cherry-Colored Paper
w.e ni..u.ur.
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Kim KOmOtO Phone (Originator): 5788
Date Sent: 3/24/16 Date Required:ASAP
Return Signed Document to: Kim KOmotO Contract Termination Date: 5/31/17
VENDOR NAME: Date Finance Notified:
Kent Fire Department Regional Fire Authority (Only required on contracts 3/24/1 6
P 9 Y 20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: 2/16/16 Date Risk Manager Notified:N A
(Required on Non-CityStandard Contracts/Agreements)
Has this Document been Specificall Account Number: R90099
Authorized in the Bud et? • YES NO
Brief Explanation of Document:
Interlocal Agreement between the City of Kent and the Kent Fire Department Regional
Fire Authority for the 72nd Avenue South extension project.
R EC91119r)
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: KENT � fl�A, ®EPT
Approval of Law Dept.: �,P'1 H!f
Law Dept. Comments: �RY1n
Date Forwarded to mayor: (�
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments: r
Disposition: ( �,�,;;,,,< .� •-, «,,,r� • ,i
MAR24 �016
Date Returned: C114,1
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:C it orm ooumenl rooeesmg e4uesl forMayor's Signalure.dom - ef IF) ^
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Agenda Item:. Consent Calendar — 7G
TO: City Council
DATE: February 16, 2016
SUBJECT: Interlocali Agreement with the Regional Fire Authority for 72nd Avenue
South — Authorize
MOTION: Authorize the Mayor to sign, are interlo aI agreement vui h. the
Kent Eire Department Regional Eire Authority for 72 nd Avenue Borth
Improvements, subject to final terms and conditions acceptable to the City
Attorney and Public orbs Director.
7
SUMMARY: 72"d Avenue South currently has a missing segment between South 1961"
�f 'Street, and South 2001" Street. The 72nd Avenue South extension project will complete
the missing fink and provide connectivity to the north end of the industrial area
between West Valley Highway and the Union Pacific Railroad tracks.
Vi The project will benefit the Regional Fire Authority (RFA) by reducing travel and
response times and allow the RFA to meet adopted levels of service to the areas north
and east of the missing roadway section. Response times will be improved to 215 land
parcels. The interlocal agreement will provide $1 .2 million of RFA funding to the 72n`'
Avenue South extension project,
EXHIBITS: lnterlocal Agreement with the Regional Fire Authority
RECOMMENDED BY., Public Works Committee
YEA: Ralph, Fincher, Higgins NAY: NIA
BUDGET IMPACTS: The Regional Fire Authority contribution will provide matching
�r funds for the project. The RFA will assist with funding by making 10 annual payments
of $120,000 per year, as noted in the lnterlocal Agreement.
"7
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INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF KENT AND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY
FOR 72ND AVENUE S. IMPROVEMENTS
THIS AGREEMENT is made and entered into by and between the City of Kent, a municipal
corporation (City), and the Kent Fire Department Regional Fire Authority; a municipal
corporation (RFA), for the purposes set forth below.
RECITALS
1. The City annually proposes to improve various capital roadway projects that impact and
affect delivery of fire protection and emergency medical services within the jurisdiction of
the RFA. (Projects); and
2. The RFA measures Level of Service performance by travel time and depends on a network of
strategically located fire stations and well designed roadways with adequate capacity to
maintain safe and efficient response times; and
3. The RFA's ability to meet its Level of Service standards in portions of the RFA will directly
benefit from the completion of the unfinished segment of 72nd Ave. S.; and
4. The City has the authority to complete 72nd Ave. S. but lacks the total funding needed to
complete this project; and
5. The RFA and City can achieve cost savings and benefit the public interest by each
participating in the funding of 72nd Ave. S. to assure construction of the project, which will
improve Level of Service for City roadways and RFA emergency response;
AGREEMENT
NOW, THEREFORE in consideration of the following terms and conditions, the parties agree as
follows:
1. PURPOSE &AUTHORITY
1.1. The purpose of this agreement is to improve levels of service and achieve economies of
scale in implementing projects that benefit the citizens of both the City and the RFA.
1.2. The City and the RFA are public agencies as defined by Chapter 39.34 of the Revised
Code of Washington ("RCW"), and are authorized to enter into Interlocal agreements on
the basis of mutual advantage and thereby to provide services and facilities in the
manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities.
Interlocal Agreement,City of Kent and Kent Fire Department Regional Fire Authority
Page 1 of 5
2. PROJECT
2.1. The project consists of funding and completing an unfinished segment of 72nd Ave. S.
between S. 196`h Street and S. 2001h Street(Project).
3. ALLOCATION OF COSTS FOR SHARED BID ITEMS
3.1. Project costs have been determined to be approximately$3.76 million dollars and agreed
to be shared as follows.
(a). Grant from the WA. State Transportation Improvement Board (TIB): $1,182,420
(b). Drainage District#1 matching contributions of: $ 20,000
(c). City matching contributions of: $1,357,600
(d). RFA contributions of: $1,200,000
4. DURATION OF AGREEMENT
4.1. The project shall begin upon execution of this agreement and shall be completed no later
than May 31, 2017.
4.2. This agreement shall remain in full force and effect for 10 years following completion of
the project or until terminated as provided in section 5.
5. TERMINATION
5.1. Either party may terminate this Agreement with thirty (30) days advance written notice
upon the failure of the other party to make timely payments or provide services as
required by this Agreement. Failure to make timely payments or to provide the services
required in this Agreement shall constitute a breach. In the event of a breach, the non-
breaching party shall provide a written notice describing the breach to the breaching
party, and the breaching party will have thirty (30) calendar days to cure the breach,
unless that time period is extended by mutual agreement of the parties. If the breaching
party fails to cure the breach in the allotted time, the non-breaching party may
immediately terminate this Agreement.
6. PROJECT RESPONSIBILITIES.
6.1. The City shall be the Lead Agency for the Project and shall be solely responsible for the
design, bidding, right-of-way acquisition and construction of the Project. The City shall
coordinate design, bidding and construction decisions with the RFA as necessary to
secure the RFA's funding of the Project.
6.2. To the extent sufficient to pay the RFA's obligation, the funds used by the RFA to repay
the City for its share shall be exclusively funded by either level of service fees imposed
and collected pursuant to RCW 82.02.020 within the City of Kent or Impact fees
Interlocal Agreement,City of Kent and Kent Fire Department Regional Fire Authority
Page 2 of 5
imposed and collected pursuant to RCW 82.02.050 and Kent City Code 12.15 "Fire
Impact Fees." Unavailability of sufficient funding from these two sources will not
relieve the RFA from its obligation to make timely payments. The RFA agrees
irrevocably that it will include in its budget an amount that will be sufficient, together
with all revenues and money of the RFA legally available for such purpose, to pay the
amounts due to the City per the provisions in Section 7. Provided, however, if the City
unilaterally rescinds or otherwise fails to enforce its fire impact fee ordinance during the
term of this Agreement, the RFA shall be relieved of all payment obligations during the
time the City's fire impact fee ordinance is not enforced or in effect.
7. PAYMENT
7.1. The RFA shall remit to the City ten annual payments of not less than$120,000, which
includes both principal and interest, beginning in 2016. The initial payment from the
RFA will come due on April 15, 2016, and all subsequent payments will come due on
February 1 of each year until paid in full.
8. PROJECT LEVEL OF SERVICE
8.1. The completed project along 72nd Avenue S. shall maintain a minimum peak-hour level
of service "E", as defined in the Highway Capacity Manual, for a term of 10 years
starting upon completion of the project. Should the level of service of the finished 72"d
Avenue S. project fall below level of service "E" for any continuous one-year
measurement period within 10 years following construction completion, the City shall
credit the next year's RFA principal payment to the project or refund the prior year's
payment. Credits or refunds to the RFA shall be on a per-year basis
9. INDEMNIFICATION AND HOLD HARMLESS
9.1. Each party shall be liable and responsible for the consequences of any negligent or
wrongful act or failure to act on the part of itself and its employees. Neither party
assumes responsibility to the other party to this Agreement.
10. OTHER PROVISIONS
10.1.The City shall retain ownership and usual maintenance responsibility for the road and
stormwater facilities, landscaping, signs, signals and sidewalks.
10.2.This agreement contains the entire agreement of the parties and supersedes all prior
discussions. This Agreement may be amended only in writing, signed by both parties.
10.3.Nothing contained herein is intended to, nor shall be construed to create any right in any
third party, or to form the basis for any liability on the part of the parties to this
Agreement, or their officials, officers, employees, agents or representative, to any third
party.
10A.If any provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remainder of the Agreement shall not be affected thereby and
Interlocal Agreement,City of Kent and Kent Fire Department Regional Fire Authority
Page 3 of 5
shall continue in full force and effect if such remainder would then continue to serve the
purposes and objectives of the parties.
11. CONTRACTOR'S INDEMNIFICATION OF OTHER PARTY AND INSURANCE
11.1.The City shall require the contractor building the Project to indemnify, defend. and save
harmless the RFA and its officers, agents, or employees from any claim damage, action,
liability of proceeding brought or filed against the City or its officers, agents or
employees alleging damage or injury arising out of the contractor's participation in the
Project. The Contractor shall also be required to waive the Contractor's immunity under
Washington's Industrial Insurance Act, RCW Title 51, as to the Other Party solely for
the purposes of the indemnification.
12. RESOLUTION OF DISPUTES AND GOVERNING LAW
12.1.This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. If the parties are unable to settle any dispute, difference, or claim
arising from the parties' performance of this Agreement, the exclusive means of
resolving that dispute, difference, or claim, shall only be by filing suit exclusively under
the venue, rules, and jurisdiction of the King County Superior Court, King County,
Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit arising from the parties' performance of this Agreement,
each party shall pay all its own legal costs and attorneys' fees incurred in defending or
bringing such claim or lawsuit, in addition to any other recovery or award provided by
law; provided, however, nothing in this paragraph shall be construed to limit the parties'
right to indemnification under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the
date last written below.
RFA: CITY:
Kent Fire Department City of Kent:
Regional Fire Authority:
By: /�id1/� gBy: iPrint Name: Jim Schneider zette Cooke
Its Fire Chiefa,�o/r�/
DATE: 0 3. Z4• 201(o DATE: �-7
Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority
Page 4 of 5
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Kent Fire Department
Regional Fire Authority City of Kent
Larry Rabel Timothy J.LaPorte,P.E.
Strategic Planning Director of Public Works
(253)856-4446 (telephone) (253)856-5500(telephone)
(253)856-6470 (facsimile) (253)856-6500(facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
B�nan Snure, Tom rubaker
Attorney for RFA City Attorney
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Interlocal Agreement,City of Kent and Kent Fire Department Regional Fire Authority
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