LAKE FOREST PARK CITY COUNCIL. Agenda Item Cover Sheet Meeting Date: August 14, 2014

Transcription

1 LAKE FOREST PARK CITY COUNCIL Agenda Item Cover Sheet Meeting Date: August 14, 2014 Title Originating Department Contact Person Resolution 1426/Authorizing the Mayor to Sign Local Agency Participating Agreement with WSDOT SR 522 Culvert Crossing Replacements for Lyon Creek GC 1868 Public Works Neil Jensen, City Engineer Aaron Halverson, Environmental Programs Manager Attachments 1. Resolution Local Agency Participating Agreement SR 522 Culvert Crossing Replacements for Lyon Creek Consent Agenda Ordinances & Resolutions Council Action or Discussion 8/14/14 8/14/14 Executive Summary The subject agreement with the Washington State Department of Transportation (WSDOT) allows WSDOT to share in the cost to replace the SR522 culvert on Lyon Creek. According to the agreement, WSDOT will provide $300,000 for engineering/design and $1,200,000 for construction in the form of a reimbursement to the City. The City will include design and construction of the SR522 culvert in the larger Lyon Creek Flood Reduction project that includes the adjacent three culverts and stream channel. This will provide a cost savings for both parties. The agreement expires on December 31, Negotiations with WSDOT have been positive as the state has agreed to pay for its proportionate share (50%) of any cost increases. Recommendation: Approve Resolution No.1426 authorizing the Mayor to sign the Local Agency Participating Agreement SR 522 Culvert Crossing Replacement for Lyon Creek.

2 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN THE LOCAL AGENCY PARTICIPATING AGREEMENT WITH WSDOT SR 522 CULVERT CROSSING REPLACMENTS FOR LYON CREEK WHEREAS, reducing the severity and occurrence of flooding in Lake Forest Park is a priority and WHEREAS, the SR 522 culvert on Lyon Creek contributes to the flooding and is a barrier to fish migration; and WHEREAS, the Administration has successfully negotiated with Washington State Department of Transportation to share in the cost to replace the SR522 culvert on Lyon Creek; and WHEREAS, design of the culvert replacement on SR 522 is already underway by the City and the WSDOT funding will be on a reimbursement basis. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Forest Park as follows: Section 1. The Mayor is authorized to sign the Local Agency Participating Agreement with WSDOT SR 522 Culvert Crossing Replacements for Lyon Creek, referenced herein as Attachment 1. Section 2. CORRECTIONS. The City Clerk is authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener s/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. PASSED BY A MAJORITY VOTE of the members of Lake Forest Park City Council this 14 th day of August, 2014, and signed into authentication this day of, APPROVED: Mary Jane Goss, Mayor ATTEST/AUTHENTICATED: Evelyn Jahed, City Clerk

3 LOCAL AGENCY PARTICIPATING AGREEMENT WORK BY THE CITY OF LAKE FOREST PARK SR 522 Culvert Crossing Replacements for Lyon Creek GCB 1868 This Agreement is made and entered into between the STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION, herein after the STATE, and the City of Lake Forest Park, hereinafter the CITY, collectively Parties and individually Party. WHEREAS, the CITY is currently designing a flood reduction/culvert replacement project, herein the CITY Project, to resolve the reoccurring flooding that impacts State Route 522 (SR 522), the Lake Forest Park Towne Center, and the Sheridan Beach neighborhood, and WHEREAS, the SR 522 culvert transmits Lyon Creek waters which fish use to migrate; therefore, the STATE and CITY agree to use the stream simulation method to size the SR 522 culvert, and WHEREAS, the design of the CITY Project is thirty percent (30%) complete, this includes the construction cost estimate, and WHEREAS, the CITY has requested the STATE to participate in the cost of both the design and construction of the SR 522 culvert crossing, since SR 522 is a non-limited access city street that is also a state highway, governed by RCW , and WHEREAS, by providing numerous benefits to the entire stream reach and the area around SR 522, to include a significant cost savings, a collaborative replacement project is advantageous to the Parties, and WHEREAS, it is deemed in the best public interest for the STATE to collaborate with the CITY Project and for the CITY to continue the design and construction of the SR 522 culvert replacement, and WHEREAS, the STATE has agreed to contribute to the reimbursement of the CITY for design and construction costs specific only to the SR 522 culvert, that includes channel tie-ins, and associated highway work (SR 522 Culvert), and NOW, THEREFORE, pursuant to RCW and RCW , the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein and the attached Exhibits A and B, which are incorporated by and made a part hereof, 1

4 IT IS MUTUALLY AGREED AS FOLLOWS: 1. DESCRIPTION OF WORK 1.1 The CITY shall design and construct, in collaboration with the STATE, the replacement of the SR 522 Culvert. The CITY will consult with the STATE on a regular basis on the stream simulation method design and construction of the SR 522 Culvert, and/ or as specifically requested by the STATE. 1.2 A description and estimate of the CITY Project work, to include the SR 522 Culvert work is attached as Exhibit B, Opinion of Probable Construction Cost. 2. PAYMENT AND RECORDS (a) Except as otherwise provided herein, the STATE, in consideration of the stream simulation method design and construction work to be performed by the CITY, agrees to reimburse the CITY for stream simulation method design and construction of the SR 522 Culvert. Advance Payment for Stream Simulation Method Design: The CITY shall invoice the STATE for an advance payment of Three Hundred Thousand Dollars ($300,000.00). The STATE shall pay the invoice within thirty (30) calendar days after receipt of the invoice. This payment shall be for all stream simulation method design work related to the SR 522 Culvert. No further payment for design work related to the SR 522 Culvert work, shall be paid to the CITY by the STATE. The invoice must be sent by June 20, (b) Payment During the Construction Phase: Total invoices for the construction phase of the SR 522 Culvert work are estimated at One Million, Two Hundred Thousand Dollars ($1,200,000.00). The CITY shall submit detailed invoices to the STATE based on the actual work and related indirect work completed. Invoices shall be sent to the STATE no more than once per month. Upon review and acceptance of the charges, the STATE shall make payment to the CITY within thirty (30) calendar days of receipt of the invoice. Invoices for construction shall not be submitted prior to July 1, (c) The parties acknowledge that the cost estimate detailed in Exhibit B is subject to change due to changes in design and other factors not in the CITY s control. The STATE agrees to pay for its proportionate share of any cost increases above the One Million, Two Hundred Thousand Dollars ($1,200,000.00) estimate for the construction of the Lyon Creek crossing of SR 522. It is agreed that the proportionate share of each Party is 50 percent for construction costs in excess of the Exhibit B estimate for this culvert. The CITY agrees to provide to the STATE all documentation in support of any construction costs as incurred over the Exhibit B estimate before issuing a final invoice as identified in Section (d). The Parties shall review the reasonableness of such costs in good faith before 2

5 the STATE agrees to pay its proportionate share. If the Parties disagree upon such additional costs, they agree to implement Section 4.3. (d) Final Payment: The final invoice must be received by the STATE by December 31, The final invoice shall be clearly marked and identified as such. Upon receipt of the final invoice from the CITY, the balance of the total sum amount specified in Section (c) shall be paid by the STATE within thirty (30) calendar days. 3. AGENCY REPRESENTATIVES WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Gary Mc Kee, P.E. Project Engineer PO Box Seattle, WA Phone: Address: CITY OF LAKE FOREST PARK Neil Jensen, P.E. City Engineer Ballinger Way NE Lake Forest Park, WA Address: 4. GENERAL PROVISIONS 4.1 Amendment: This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 4.2 Term: This Agreement may be terminated only if mutually agreed to by the STATE and the CITY. Conditions of termination shall be mutually agreed to in writing and signed by both the STATE and the CITY. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the STATE and/or to the CITY prior to termination. 4.3 Disputes: In the event that a dispute arises under this Agreement, it shall be resolved as follows: The STATE and the CITY shall each appoint a member to a disputes board. These two members shall select a third board member not affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute. The Parties shall equally share 3

6 in the cost of the third disputes board member; however, each Party shall be responsible for its own costs and fees. 4.4 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in Thurston County Superior Court. Further, the Parties agree that each will be solely responsible for payment of its own attorney fees, witness fees, and costs. 4.5 Audits/Records: All records for the work performed by the CITY under this Agreement in support of all costs incurred shall be maintained by the CITY for a period of six (6) years. The STATE shall have full access to and right to examine the records, during normal business hours and as often as it deems necessary. Should the STATE require copies of any records, it agrees to pay the costs thereof. The Parties agree that the costs incurred herein are subject to audit by either or both Parties and/or their designated representatives, and/or state of Washington and/or the federal government. 4.6 Indemnification: Each of the Parties shall protect, defend, indemnify, and hold harmless the other Party and its employees and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, that Party s obligations performed or to be performed pursuant to the provisions of this Agreement. No Party shall be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such claims, suits, or actions result from the concurrent negligence of (a) the STATE, its employees and authorized agents and (b) the CITY, its employees, contractors, consultants, or authorized agents, or involves those actions covered by RCW , the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the other Party, its employees, contractors, consultants, and authorized agents. For this purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. 4

7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party s date signed last below. CITY OF LAKE FOREST PARK STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By : By: Name: Mary Jane Goss Name: Michael A. Cotten, P. E. Title: Mayor Date: Title: NWR Asst. Regional Administrator Date: APPROVED AS TO FORM APPROVED AS TO FORM Name: Ann Marie Soto Title: City Attorney Date: Name: Ann E. Salay Title: Assistant Attorney General Date: 5

8 EXHIBIT A

9 EXHIBIT B GCA 1868 SR 522 Culvert Crossing - Work by City of Lake Forest Park EXHIBIT B Design Cost to meet City Standards $600,000 Cost to meet Stream Simulation Criteria $900,000 State Responsibility $300,000 Construction Cost to meet City Standards $1,500,000 Cost to meet Stream Simulation Criteria $2,700,000 Estimated State Responsibility $1,200,000 Note: Values are rounded for the purpose of this agreement and are based on a 50% level of design. Exhibit B Sheet 1 of 1