AG 24-032 - KING COUNTY METRORETURN TO: PW ADMIN EXT: 2700 ID #: 4293
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIY: PUBLIC WORKS / Engineering
2. ORIGINATING STAFF PERSON: Jonathan Strong EXT: 2753 3. DATE REQ. BY: 9/14/2023
3. TYPE OF DOCUMENT (CHECK ONE)
O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): p INTERLOCAL
❑ OTHER
4. PROJECT NAME: S 288th Street Road Diet Phase 1
5. NAME OF CONTRACTOR: King County Metro
ADDRESS: 201 S Jackson St, Seattle, WA 98104 TELEPHONE: 206-477-5839
E-MAIL: Paul.Ro bal kin count oV FAX:
SIGNATURE NAME: Mark Ellerbrook TITLE: Director
6. EXHIBITS AND ATTACHMENTS: p SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31I UBI # , EXP.
7. TERM: COMMENCEMENT DATE:- tz-zq COMPLETION DATr,:� CaD[�ACJil.rfr I3
8. TOTAL COMPENSATION: $ 1 6,428.66 (Paid to us) (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES [a NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
O PURCHASING: PLEASE CHARGE TO: No Expense Account. They Pay us.
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
8 PROJECT MANAGER JS 8/25/2023
8 DIVISION MANAGER 9
8 DEPUTY DIRECTOR DSW 9/19/23
❑ DIRECTOR EJW 9/22/2023
❑ RISK MANAGEMENT (IF APPLICABLE)
8 LAW DEPT KVA 9/21122 TMW 9/22/23
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: 10/2/2023 COMMITTEE APPROVAL DATE: 10/2/2023
SCHEDULED COUNCIL DATE: 10/17/2023 COUNCIL APPROVAL DATE: 10/17/2023
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 1 DATE REC' D: .�
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICE SES, XHIRTTS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
mi�- LAW DEPT
6 SIGNATORY (MAYOR OR DIRECTOR)
P. CITY CLERK
❑ ASSIGNED AG # AG
"a
❑ SIGNED COPY RETURNED DATE SENT:
COMMENTS:
EXECUTE " " ORIGINALS
170z0
DocuSign Envelope ID: 66FFBDE7-8580-459B-BE99-44FEE9E23A49
After recording, return to:
City of Federal Way
Public Works Department
Attn: Jonathan Strong
33325 8th Avenue S
Federal Way, WA 98003
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND KING COUNTY, METRO TRANSIT DIVISION
FOR THE S 288TM ST ROAD DIET PHASE 1
(Military Road to 34th Ave S)
CFW PROJECT #36238
THIS AGREEMENT is made and entered into this day of
by and between the City of Federal Way (hereinafter "City") and King County, acting through its
Metro Transit Department (hereinafter "County"), collectively referred to herein as the "Parties."
WHEREAS, the City has undertaken the S 2881h St Road Diet Project Phase 1 (Military
Road to 34th Ave S), hereinafter "Project;" and
WHEREAS, with the City and its contractor making improvements to the road and
sidewalks of South 288th Street within the scope of the Project, there is an opportunity to make
improvements to King County Metro bus stops; and
WHEREAS, the City and contractor will construct bus stop improvements including a bus
shelter foundation and a landing pad with thickened edge at the eastbound bus stop, Metro stop
ID 85892 according to the plans (STA. 51+95.99, 22.6' RT); and
WHEREAS, the City and contractor will construct bus stop improvements including a
landing pad with thickened edge at the eastbound bus stop, Metro stop ID 85974 according to
the plans (STA. 52+79.75, 24' LT); and
WHEREAS, the City and contractor will NOT construct bus stop improvements at the
Metro stop ID 85890 and 85976 (STA. 43+17.15, 27.5' RT and STA. 44+02.69, 25.2' RT); and
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling them to cooperate
with other entities to provide services in a manner best serving the needs and development of
their local communities; and
WHEREAS, the County can achieve cost savings and other benefits in the public's
interest by contracting with the City to perform certain services for the County, including letting a
S. 288'h Street Road Diet Phase 1 Page 1
King County Metro Interlocal Agreement
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public works construction contractor build bus stop improvements within the Project (hereinafter
"County Work"), and providing construction management services in support thereof; and
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties
hereto as follows;
DESIGN AND PLANS SPECIFICATIONS AND ENGINEER'S ESTIMATE.
The City has reproduced drawings, special contract provisions, and other
necessary documents which will sufficiently detail requirements for the County Work to become
a part of the Contract Bid Documents and Engineer's estimate for the Project.
BIDDING AND CONSTRUCTION.
A. It is the intention of the Parties that the County plans and specifications
be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to
the extent possible, identification of cost allocations between the Parties.
B. The City had a bid opening for the Project on May, 19, 2023. At this
opening, DPM Development Corporation DBA ICON Materials (hereinafter "ICON") was the
lowest bidder. ICON was awarded the project for construction.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construction
observation, and clerical services necessary for the execution of the Project, exclusive of such
construction observation, material review and ancillary construction administration support
provided bythe County in coordination with City staff. In providing such services, the City Public
Works Director and/or his or her designee may exercise all the powers and perform all the
duties vested by law in him or her. The County grants to the City Public Works Director and/or
his or her designee authority to act on behalf of the County sufficient to carry out the provisions
of this Agreement.
B. The County shall notify the City, in writing, of any changes it wishes to
make in the plans and specifications which affect the County Work, which changes shall be
made, if feasible. The City shall notify the County, in writing, of any changes required of the
County Work and shall obtain the County's approval of such changes_ The County's approval
shall not be unreasonably withheld. The County shall be responsible for all costs incurred,
directly or indirectly, as a result of these or any other changes required or requested by the
County.
IV. PAYMENT.
A. The County shall reimburse the City for all costs incurred by the City in
performing the County Work, which costs shall include, but are not limited to, the County
work performed by the City's Project contractor(s), the City's design consultant, and City staff
S. 2881h Street Road Diet Phase 1 Page 2
King County Metro Interlocal Agreement
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time for design and construction management & inspection. The total cost and the total
owed by the County is summarized in Exhibit A.
B. The City will provide an invoice to the County after execution of this
agreement. All payments shall be due from the County to the City within thirty (30) days after
receipt by the County of said sums billed to the County_ Amounts unpaid after said due date
shall accrue interest at a rate of one (1) percent per month. The City will provide the backup to
the invoice identifying actual costs incurred for the work and the County's item costs. If the
payment is to exceed the estimate stated below, both the City and the County will have to agree
on that change.
C. The City shall make all disbursements to the Project contractors and
consultants.
V. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold the County, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising or resulting from,
or connected with, this Agreement to the extent caused by the negligent acts, errors or
omissions of the City, its agents or employees, or by the City's breach of this Agreement.
B. The County agrees to indemnify and hold the City, its elected officials,
officers, employees and agents harmless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising or resulting from,
or connected with, this Agreement to the extent caused by the negligent acts, errors or
omissions of the County, its agents or employees, or by the County's breach of this Agreement.
The provisions of this paragraph shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
VI. DURATION.
This agreement shall become effective immediately upon execution by both
parties, and shall continue in force until the City Council accepts the completion of the project.
VI 1. OTHER PROVISIONS.
A. The Cityshall retain ownership and usual maintenance responsibility for
the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other
appurtenances related thereto.
B. The City Council's acceptance of this project shall, in effect, transfer
ownership of these King County Metro Bus Stops to the County and the County shall thereafter
S. 2881" Street Road Diet Phase 1 Page 3
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be responsible for maintenance of such facilities.
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by
both Parties.
D. This Agreement may be extended for additional periods of time upon
mutual written agreement of the City and County.
E. Adherence to deadline dates is essential to the performance of this
Interlocal Agreement.
F. Any provision of this Agreement, which is declared invalid, void or illegal
shall in no way affect, impair, or invalidate any other provision hereof and such other provisions
shall remain in full ,force and effect.
G. Should any claims arise related to the County Work portion of the Project,
the City shall handle and administer the claims in the same manner it would handle any other
claims on the Project and the County shall reimburse the City for all expenses associated with
handling such claims. The City shall immediately notify the County and keep it informed as to
the progress of the claim. The County will provide guidance regarding proposed terms of
settlement. Any decision regarding the settlement or prosecution of a claim shall be approved by
the County prior to being finalized. If the County and the City cannot agree as to the prosecution
or settlement of a claim, the County may prosecute or defend the claim and the City will assign
such claims to the County. The County agrees to pay all costs of prosecution or defense if
assigned such claims and defend, indemnify and hold harmless the City from all damages the
City suffers from the County's prosecution or defense of the claim.
IN CONSIDERATION ofthe mutual benefit accruing herein, the Parties hereto agree that
the work, as set forth herein, will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and sealsthe
day and year first above written.
(SIGNATURE PAGE FOLLOWS)
S. 2881 Street Road Diet Phase 1 Page 4
King County Metro Interlocal Agreement
DocuSign Envelope ID: 66FFBDE7-8580-459B-BE99-44FEE9E23A49
CITY OF FEDERAL WAY
JF;e!6r1r1l. Mayor
APPROVED AS TO FORM:
1, [ -- /Z:t7
Ryan Call, City Attorney
ATTEST:
dshwa&
Ste�hahie Courtney, CMC, qtyy
ierk
S. 288t' Street Road Diet Phase 1
King County Metro Interlocal Agreement
KING COUNTY
1/3/2024
a��rer rook, Director, Capital Division
King County, Metro Transit Department
Page 5
CITY OF FEDERAL WAY
One
Ferr il, Mayor
APPROVED AS TO FORM:
I,[
1
zzt 11 .
Ryan Call, City Attorney
ATTEST:
h ie Courtney, CMC, kty Jerk
S. 288t' Street Road Diet Phase 1
King County Metro Interlocal Agreement
KING COUNTY
Mark Ellerbrook, Director, Capital Division
King County, Metro Transit Department
Page 5
DocuSign Envelope ID: 66FFBDE7-8580-459B-BE99-44FEE9E23A49
EXHIBIT A
KING COUNTY METRO COSTS
CONSTRUCTION COSTS
The proportionate King County Metro percentage will be applied to the Schedule A Items
listed below_ The King County Metro percentage will be determined as follows:
Construction — KC Metro Bid Items
KC Metro B21 Shelter Footing ($2,750 * 1 EA) S 2.750.00
KC Metro 10'x11' Landing Pad w/Thickened Edge ($330 * 26 SY) 8,580.00
KC Metro Bid Items $ 11,330.00
KC Metro % = KC Metro Bid Items Amt = $11,330.00 = 1.78%
Schedule A Amt $910,89.50
Construction — Schedule A Bid Items
Mobilization ($43,000 * 1.78%)
$
765.84
Roadway Surveying ($2,200 * 1.78%)
$
39.18
Record Drawings ($5,300 * 1.78%)
$
94.39
Traffic Control Supervisor ($27,500' 1.78%)
$
489.78
Flaggers ($63,900 x 1.24%)
$
1,138.08
Inlet Protection ($301 x 1.78%)
$
5.36
Clearing and Grubbing ($2200 * 1.78%)
$
39.18
Sawcutting ($5,368 * 1.78%)
$
95.61
Schedule A Shared Bid Items
$
2,667.43
Subtotal — KC Metro Bid Items $ 11,330.00
Subtotal — Schedule A Shared Bid Items $ 2,667.43
Subtotal — Construction $ 13,997.43
Construction Management (15% of Subtotal) $ 2,099.61
Design (10% of Subtotal) $ 1,399.74
Project Administration (5% of Subtotal) $ 699.87
Total Cost $18,196.66
CITY OF FEDERAL WAY CONTRIBUTION
The City of Federal Way contribution is equivalent to the removal and replacement o/
the srdewalk in the subiect areas that would have been done if Metro bus stems mere not
installed.
Remove Sidewalk ($4.00 * 26 SY) $ 104.00
Cement Concrete Sidewalk ($64.00 * 26 SY) S 1,664.00
City of Federal Way Contribution Total $ 1,768.00
S. 2880 Street Road Diet Phase 1 Page 6
King County Metro Interlocal Agreement
DocuSign Envelope ID: 66FFBDE7-8580-459B-BE99-44FEE9E23A49
KING COUNTY METRO CONTRIBUTION
Total Cost $18,196.66
City of Federal Way Contribution Total -$ 1 76&00
Amount to be Paid by KC Metro $16,428.66
S. 28801 Street Road Diet Phase 1 Page 7
King County Metro Interlocal Agreement