AG 96-178 - KING COUNTY
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0 PUSLIC WORKS CONTRACT
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7. SCOPE OF' WORK: ATTACH EXHISIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF
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B. TERM: COMMENCEMENT OATE:
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INTERLOCAL AGREEMENT BETWEEN THE
CITY OP PEDERAL WAY AND KING COUNTY
POR USE OP AQUATIC CENTER PROPERTY POR BICYCLE
TRAIL IMPROVEMENTS
This Agreement is dated effective the ~~ day of June 1996
and is made and entered into by and between the c~ty of Federal Way
(hereinafter "city") and King County (hereinafter "County"),
collectively "Parties".
WITNESSETH that:
1. The City and the County share the common goal of seeking
to develop bicycle trail facilities in Federal Way. The County
supports the BPA Trail under its King County Regional Trails Plan.
The regional goal is to link the BPA Trail in Federal Way with the
Interurban Trail in Auburn and North Tacoma, and
2. Chapter 39.34 of the Revised Code of Washington
(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 local communities; and
3. Both the County and the city can achieve benefits in the
public interest by combining their efforts to provide for multi-
purpose trail access.
NOW, THEREFORE, it is hereby covenanted and agreed to by and
between the Parties hereto as follows:
I.
AUTHORIZATION OF ACCESS
The County hereby authorizes the City the right of access
across County property for purposes of construction, use and
maintenance of an extension to the Bonneville Power
Administration (hereinafter "BPA") bicycle trail (hereinafter
"Trail").
II.
SCOPE OF ACCESS
2.1
General Location and Description of Bicvcle Trail. The
proposed Trail is Phase II of the bicycle trail currently
known as the "BPA Trail," which is located primarily on the
BPA right-of-way in Federal Way. The Trail will diverge from
the BPA easement at Panther Lake Park and is to be aligned
around the east and south sides of the King County Aquatic
Center property as shown on Exhibit "A," which is attached
hereto and incorporated by this reference. The Trail will be
asphalt, twelve feet (12') in width with two feet (2') wide
compacted earth shoulders.
ORIGINAL
2.2
2.3
3.1
3.2
4.1
Date. The city plans to begin construction of the Trail in
August of 1996. Temporary construction safety fencing and
temporary erosion control silt fencing will be erected on
County land during the construction period.
Use of Property. Use of County property for Trail purposes
is cDnsented to in two locations: a) New Aquatic Center
parking lot, and b) Campus Drive S.W. street frontage
location as shown on Exhibit "B," which is attached hereto
and incorporated by this reference. The usages anticipated
will be as follows:
a.
The Aquatic Center's new parking lot will be
connected by a six foot wide spur trail leading
from the main bike trail alignment. The spur is
intended to provide access to the main Trail.
The Trail will encroach onto County land north of
S.W. Campus Drive at the far easternmost edge of
County property. The Trail will be located between
the existing Aquatic Center south parking lot and
the bioswale for the parking lot. The encroachment
areas are shown in Exhibit "B". A guardrail and
wall, trailhead plaza, street crossing warning
sign, removable bollards and the asphalt Trail will
be constructed on County property. One tree will
be replaced, landscape plantings will be added, and
irrigation will be adjusted.
b.
III.
APPLICABLE PROCESS
Compliance with Codes. The Trail shall be developed pursuant
to all applicable codes, regulations, and ordinances of the
City of Federal Way.
SEPA. This Project has been reviewed under the state
Environmental Protection Act. Pursuant to WAC 197-11-296, if
two or more agencies share in the implementation of a
proposal, the agencies shall by agreement determine which
agency shall be the lead agency. Pursuant to WAC 197-11-944,
the County and the City hereby designate the city as the
nominal lead agency, whereby the City shall be responsible
for complying with the duties of the lead agency under all
applicable SEPA rules.
IV.
OPERATIONS AND MAINTENANCE
Upon final completion and acceptance of the construction of
the Trail, the operations, use and maintenance of the Trail
shall be the responsibility of the city.
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5.1
5.2
6.1
6.2
6.3
6.4
V.
INSURANCE
Amount. It is hereby understood and agreed that the city
shall obtain and maintain public liability insurance in an
amount not less than ONE MILLION AND NO/100 DOLLARS
($1,000,000.00) single limit liability.
certificate. The City shall provide the County with a
certificate of public liability insurance naming the County
as an additional insured and showing proof of the required
insurance coverage. Insurance coverage shall be maintained
at all times.
VI.
GENERAL PROVISIONS
Schedulinq. Time is of the essence of this Agreement in each
and all of its provisions in which performance is a factor.
The Parties commit to exert all reasonable efforts to adhere
to completion dates contained herein.
Term. This Agreement, for purposes of compliance with
RCW 39.34.030(3) and 39.34.030(4) (B) shall be for the time
the trail remains in use.
Administration. The responsibility for overseeing the
compliance with the provisions of this Agreement shall be
handled jointly between the Parties, and no separate legal or
administrative entity shall be formed by the Parties for such
purpose. The contract representative for the city shall be
Kenneth E. Nyberg, 33530 1st Way South, Federal Way,
Washington 98003. The contract administrator on behalf of
the County shall be Clint Lank, Administrator, Office of
Program Development and Land Management.
Indemnification. The city agrees to hold harmless, indemnify
and defend at its own expense the county and its officers,
agents, and employees from and against any and all claims,
judgments, actions, suits, liabilities (including costs and
all attorney fees), loss, costs, expenses, or damages arising
out of or in any way resulting from the negligent acts or
omissions of the City, its officersr employees and/or agents,
in the course of its performance under this Agreement.
The County agrees to hold harmless, indemnify and defend at
its own expense the City, its officers, agents, and employees
from and against any and all claims, judgments, actions,
suits, liabilities (including costs and all attorney fees),
loss, costs, expenses, or damages arising out of or in any
way resulting from the negligent acts or omissions of the
County, its officers, employees, agents, elected officials
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6.5
6.6
6.7
6.8
6.9
and/or volunteers, in the course of its performance under
this Agreement.
If any claim, judgment, action, suit, liability, loss, cost,
expenses, or damage arises out of or result from the joint
negligent acts or omissions of both the County and the city,
each party shall be responsible for its own share of any
resulting liability.
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"
A required specification in any contract awarded to a
Contractor for the construction of the Trail shall contain a
provision binding Contractor to hold harmless, indemnify and
defend at its own expense the County and its officers, agents
and employees from and against any and all claims, actions,
suits, liability, loss, costs, expenses and damages of any
nature whatsoever which are caused by or results from the
negligent act(s) or omission(s) of Contractor, its officers,
employees, agents, or subcontractors in the performance of,
or in any way relating to the contract between the City and
the Contractor.
Alterations. Any alterations to the Trail on County
property or related Trail improvements shall be agreed upon
in advance of work by both Parties.
Entire Aqreement. This Agreement contains all of the
agreements of the Parties with respect to any matter covered
or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be
effective for any purpose.
Modification. No provision of this Agreement may be amended
or added to except by agreement in writing signed by the
Parties or their respective successors in interest.
Full Force and Effect. 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.
Attornev Fees. In the event the city or the County
defaults on the performance of any terms in this Agreement,
and the County or city places the enforcement of the
Agreement or any part thereof, or the collection of any
monies due, or to become due hereunder, or recovery of
possession of any belongings, in the hands of an attorney, or
file suit upon the same, each Party shall pay all its own
attorney's fees, costs and expenses. The venue for any
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dispute related to this Agreement shall be King County,
Washington.
6.10
No Waiver. Failure of either Party to declare any breach or
default immediately upon occurrence thereof, or delay in
taking any action in connection with, shall not waive such
breach or default, but either Party shall have the right to
declare any such breach or default at any time and take such
actions that might be lawful or authorized hereunder either
at law or in equity. Failure of the either Party to declare
one breach or default does not act as a waiver of either
Party's right to declare another breach or default.
IN WITNESS whereof the Parties have executed this Agreement
the day and year set forth below.
CITY OF FEDERAL WAY
Manager
APPROVED AS TO FORM:
.M')~
0 ney, Londi K. Lindell
KING COUNTY
sen
for King County Executive
ty Courthouse
WA 98104
~~
King County Attorney
A:\ interloc.kc(sf)(96-216)
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EXHIBIT A
King County Aquatic Center
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OYERALL SITE PLAN
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EXHIBIT B
Panther Lake Park and BPA Bicycle Trail Phase II
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Aauatic Center
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Panther Lake Park