HomeMy WebLinkAboutCAG1989-0579 - Original - Municipality of Metropolitan Seattle - West Valley Highway Street Improvements - 03/24/1989 AGREEMENT
THIS AGREEMENT, made and entered into this 24th
day of March, 1989 , by and between the Municipality of
Metropolitan Seattle, a municipal corporation of the State
of Washington, hereinafter referred to as "Metro, " and
the City of Kent, a municipal corporation of the State
of Washington, 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
power to perform the terms and conditions of this Agreement,
and
WHEREAS, the City is performing street improvements
on West Valley Highway ( 68th Avenue South) , including widening
thereof , and
WHEREAS, provision of facilities for transit vehicles
on West Valley Highway would increase the safety and efficiency
of said thoroughfare and provide incentives for the greater
use of transit in the West Valley Highway Corridor, and
WHEREAS, Metro and the City wish to construct the
project jointly, and
WHEREAS, the City of Kent and Metro have, by appropriate
legislative action, authorized this agreement, and
WHEREAS, it is in the interest of the public served
by bosh jurisdictions that said improvement be constructed,
NOW, THEREFORE, IT IS COVENANTED AND AGREED AS FOLLOWS:
1. Purpose. The purpose of this Agreement is to construct
transit vehicle facilities on West Valley Highway ( 68th
Avenue South) between South 190th Street and James
Street in the City of Kent .
2 . Work. Metro and the City agree to administer and construct
the above-referenced facilities according to the terms
and conditions of Exhibit No. 1, which is attached
hereto and incorporated herein as if it were set forth
in full in this Agreement.
3 . Administration. The City shall be the administrator
responsible for administering this Agreement pursuant
to Chapter 39 . 34 RCW.
4 . Duration of Agreement. This Agreement shall remain
in effect indefinitely, unless changed or terminated
by mutual approval of both parties .
5 . Records. This Agreement shall be filed with the City
Clerk of the City of Kent, the King County Auditor
and the Secretary of State.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hand and seals the day and year first above written.
MUNICIPALITY OF METROPOLITAN CITY OF KENT, WASHINGTON
SEATTLE
Executi Director Dan Kelleher, Mayor
APPROVED AS TO FORM: ATTEST:
Attorney for Municipality of Ci Clerk
Metropolitan Seattle
APPR D FORM:
C ty torney fo ity
of Kent
EXHIBIT NO. 1
WORK ELEMENTS
A. Bus Pullouts
Construct bus pullouts at the following locations on
West Valley Highway ( 68th Avenue South) :
- Northbound South 239th Street (Vicinity)
- Southbound South 236th Street (Vicinity)
- Northbound South 234th Street
- Southbound South 228th Street
- Northbound South 228th Street
- Southbound South 224th Street
- Northbound South 224th Street
- Northbound South 220th Street
- Southbound South 220th Street
- Northbound South 216th Street
- Southbound South 216th Street
- Southbound South 212th Street
- Northbound South 212th Street
- Northbound South 208th Street
- Southbound South 208th Street
- Northbound South 204th Street
- Southbound South 204th Street
- Northbound South 196th Street
- Southbound South 196th Street
- Northbound South 190th Street
- Southbound South 190th Street
B. Transit Queue-Jump Lane
Construct northbound right-turn only lane, approximately
300 feet in length, on West Valley Highway ( 68th
Avenue South) approaching South 228th Street . Designate
lane for right-turning traffic except transit buses .
Transit buses shall legally be permitted to proceed
directly through the intersection from this lane.
AGENCY RESPONSIBILITY
a. Metro shall contribute $118 , 000 towards the cost of
the transit facilities described in Exhibit No. 1,
"Work Elements, " above.
b. The City and others shall assume the costs of work
on all portions of the project not specified in Exhibit
No. 1, "Work Elements . "
C. For purposes of administration of this project, including
providing appropriate environmental reviews , the City
shall act as lead agency. The City shall be responsible
for design, right-of-way acquisition, construction,
construction management and any additional work required
to furnish a complete project; provided, however , that
all substantive decisions regarding transit facilities
be reviewed and approved by Metro prior to implementation
by the City.
d. The City shall designate the bus pullouts described
in Exhibit No. 1, Section A for the exclusive use of
Metro transit vehicles stopping to drop off or pick
up passengers . Metro agrees that driveways for purposes
of ingress and egress to abutting properties may be
included at bus pullout locations .
e . The City shall designate the traffic lane described
in Exhibit No. 1, Section B for the exclusive use of
vehicles turning northbound from West Valley Highway
to eastbound South 228th Street, and Metro transit
vehicles proceeding directly northbound through the
intersection. This designation may be changed upon
signed, mutual agreement between Metro and the City.
f . Metro agrees to install and maintain regulatory curb
paint markings and bus stop signage at all bus pullouts .
g. The City and Metro shall participate equally in approval
of that portion of project design pertaining to transit
vehicle facilities. The City shall furnish Metro with
construction drawings as necessary for review and approval
by Metro.
h. Both parties agree to hold each other harmless from
any and all costs , claims , demands and obligations
of whatsoever nature arising by reason of the other ' s
performance pursuant to the terms of this agreement.
Each party further agrees to defend, at its own cost,
all suits or actions of whatsoever nature brought against
the other arising from the respective party' s participation
in or performance of the work, provided, however, that
nothing in this section will relieve either party from
liability arising out of its performance pursuant to
the terms of this agreement, Metro will make monthly
progress payments to the City for expenses incurred
by the City for the portion of the work within Metro' s
responsibility.
i . The City and Metro understand that at the present time
the Washington State Department of Transportation (WSDOT)
is responsible for pavement repair or replacement.
Should WSDOT relinquish this right to the City, then
Metro and the City agree that future pavement reconstruction
costs , when necessary, shall be shared equally by the
City and Metro for the work elements defined in Exhibit
No. 1, Section A, "Bus Pullouts . "
j . The City agrees to require contractors to employ minority
and/or women business enterprises (M/WBE) for at least
5 percent of the construction value of the L. I .D. #328
construction contract, in conformance with Metro Council
Resolution No. 4540 , as amended by Metro Council Resolution
No. 5593 .
EXHIBIT NO. 1 - PAGE TWO