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AG 96-178 , c ED j 1996 C,UTING SLIP Y ATTOI<.c~E'I DATE IN: q(r¡J;'~I~(~) Icf~~VT./DIV.: ;i'&-", 2. ORIGINATING STAFF PERSON: ~ ~ EXT:~3. DATE REQ. BY 4. TYPE OF OOCUMENT REQUESTED (CHECK ONE): 0 PRO'USIONAL SERVICES AGREEMENT 0 MAINTENANCEfLASOR AGREEHENT 0 PUSLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CDNTRACT <Ln. T.AN .",0001 0 SECURITY DOCUMENT """ A."'.E.T & ....-H"N .ONO: A..'ON.'NT 0' FuNO. 'N Loou O. BOND> IHA""AL.. Bu....n. E.U'..ENTI 0 CONTRACTDR SELECTION DDCUMENT """ R,.. RFP. R'a> 0 CDNTRACT AMENaMENT AG#: ~:~~ENT /h~/nCAL. á7""L~--r 0 PURCHASE AGRE~MENT 0 REAL ESTATE PURCHASE & SALES ASREEHENT S. PRO.JECT NAME: e,p,q -7v"",¡,/ Ph"", w-/T ADDRESS: 1::./15'- ~ð PHONE: 6. NAME OF' BBtJTRABTBRIP TYPE OF PERSON OR ENTITY (CHECK ONE): 0 INDIVIDUAL 0 PARTNERSHIP 0 SDLE PROPRIETDRSHIP STAT., 0 CDRPDRATIDN TAX ID#/SS#: SIGNATURE NAME: ~ --L~) TITLE: ~ ~fz¡ &<"~. 7. SCOPE OF' WORK: ATTACH EXHISIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF WORK. INCLUDING COMPLETION DATES FDR EACH PHASE OF WORK AND LOCATION OF WORK. B. TERM: COMMENCEMENT OATE: nla- . COMPLETION DATE: r1-/A- 9. TOTAL COMPENSATION: $ hi A-- CoNCLUDES EXPENSES AND SALES TAX, IF ANY) lor C.,CULATEO ON HOHRLT LAOO' CHAO.E; AmCH OCHEDH':C C, E."CTEE. "',.. ANO NOU"Y "T'" REIMSURSASLE EXPENSES: 0 YES OND IF YES, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OWED? 0 YES 0 No IF YES, $ PAID BY: 0 CONTRACTOR OCITY 1 D. SELECTION PROCESS USED (CHECK ONE): n/Æ-- 0 REQUEST FOR BIDS 0 REaUEST FDR PRDPOSALS 0 REaUEST FOR QUOTES 0 REQUEST 'DR QUAL"'CAT'ONS 0 ARCHITECT & ENGINEER L:ST 0 SHALL WDRKS ROSTER 1 1. CONTRACT REVIEW ~CTOR%J2- r/.fiý 0 LAW (ALL CONTRACTS) r::: ::'.~~':~T~':~~E:T A.END.ENTO, CONTRACTOO .ELECTOO. OOCU.EN" INITIAUDATE ApPROVED ~~l(cpv 0 PURCHASING ~.s ~*- ~~ï 1'7 12. CONTRACT SIGNATURE .(O~ &~ 0 LAW DEPARTMENT 0 CITY MANAGER ~"';;-CLERK 0 SIGNED CDPY SACK TO OROGINATING DEPT. P-ASSIGNEaAG# q{¡-/79> f.tp.f¡-j:l( 0 PURCHASINS: PLEASE CHARGE TD: COMMENTS ~p;"'" .£ If- (¿:t;;;,"-""-'7 5;"",,/. w. "" ""7 !'\ litMt«.-J IS ~/ f ~~-- ~ V"" 4~~" WHOTE' CR'"'.., .TO"" WOTH CC.'NACT CANAR" mo. mow, P'NK' CAW C<PT. GaCOENROO' co..,"""." "TO" LO'" 'R<" ."5O -Ft6 Q(P-/7g 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. - 2 - 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 - 3 - 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 - 4 - 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) - 5 - - - EXHIBIT A King County Aquatic Center ~ 0 '" 120 2<0 . 480FT. ~ -- r - "'" OYERALL SITE PLAN - - EXHIBIT B Panther Lake Park and BPA Bicycle Trail Phase II v"¡;:'-:'-<' ~<¿9' úo ú-:¿"'¡;:' -?-~-:.\úCj 0\)1>- I>' / /'" # "",y;/ ~-+,,'<~/ Aauatic Center PROF pA'" EXISTING Cc.Q8 ,_/ ,.-A\ -_C'-.~- /// Panther Lake Park