C MEMO TO FROM DATE SUBJECT City Council Rosemarie by eminems

VIEWS: 0 PAGES: 12

									                                                                                          C.4

MEMO TO:       City Council

FROM:          Rosemarie Ives, Mayor

DATE:          July 17, 2007

SUBJECT:       APPROVAL OF INTERLOCAL AGREEMENT BETWEEN KING
               COUNTY AND THE CITY OF REDMOND FOR AVONDALE
               ROAD/NOVELTY HILL ROAD CORRIDOR INTELLIGENT
               TRANSPORTATION SYSTEM (ITS) IMPROVEMENTS (RITS) PHASE 4,
               CIP NO. 07-CI-05 (101098)


        I.     RECOMMENDED ACTION

               Approve the Interlocal Agreement between King County and the City of
               Redmond for the Avondale Road/Novelty Hill Road Intelligent Transportation
               System, and authorize the Mayor to sign the agreement.


        II.    DEPARTMENT CONTACT PERSONS

               Bill Campbell, Interim Director of Public Works             556-2733
               Rob Crittenden, Traffic Operations Manager                  556-2838
               Paul Cho, Traffic Operations Engineer                       556-2751


        III.   DESCRIPTION

               King County is planning to construct intelligent transportation system
               improvements on Avondale Road and Novelty Hill Road. The City has been
               working with King County over the past two years to arrive at a design that is
               agreeable to both agencies. As currently designed, the project will:

                  •   Install fiber optic communications along Novelty Hill Road from
                      Avondale Road to 208 Ave NE.

                  •   Install a fiber optic communications link between Redmond, King County
                      and Washington State Department of Transportation’s Traffic
                      Management Centers (TMC) to share traffic signal and surveillance
                      camera information.
City Council
July 17, 2007
Approval of Interlocal Agreement
Avondale Road/Novelty Hill Corridor RITS Phase 4
Page 2

                      •    Upgrade three Redmond traffic signals along Avondale Road to new TS-2
                           platform.

                      •    Upgrade one King County traffic signal at Novelty Road and 208 Ave NE.

                      •    Modify four Redmond traffic signals along Avondale Road to link to
                           Redmond’s TMC.

                      •    Install two Redmond traffic surveillance cameras.

                      •    Install two King County traffic surveillance cameras.

                  This work will complete a significant portion of RITS upgrades along the
                  Avondale Road corridor enabling the Traffic Operations staff to be more
                  responsive to changes in traffic demands in this area. Video images will allow
                  staff to monitor real time traffic conditions and make adjustments to signal
                  timings to multiple signals if needed. Furthermore, the links between the traffic
                  management centers will allow this technology to be used to respond to incidents
                  that have multi-jurisdictional impacts.

                  The most recent cost estimate from King County for the entire project is
                  $975,200, of which, $686,700 is funding from an Intermodal Surface
                  Transportation Efficiency Act (ISTEA) grant. King County has estimated that the
                  participation share for the City will be approximately $118,000.

                  Attachment B contains the current draft of the Interlocal Agreement, as agreed
                  upon by City and King County staff. If either City or County council members
                  request changes to this agreement, staff proposes to work out the final details of
                  this agreement after Council action. Assuming that the final agreement is in a
                  form substantially the same as the current draft, the final agreement would be
                  executed following review by the City Attorney and the Mayor. The agreement
                  will be resubmitted to City Council if the final version is substantially different
                  than the one attached.


         IV.      IMPACT

                  A. Service/Delivery:

                      This Agreement will allow the City to transfer funds to King County to pay
                      for a portion of the Avondale Road/Novelty Hill Road – RITS Phase 4
                      project. The majority of the funds ($115,000) come from a developer
                      contribution made by the Quadrant Corporation to mitigate impacts of the
                      Redmond Ridge development.



                                                                                   O:\AGENDA\RITS 4 Memo RTC.doc
City Council
July 17, 2007
Approval of Interlocal Agreement
Avondale Road/Novelty Hill Corridor RITS Phase 4
Page 3


                  B. Fiscal:

                      Estimated Cost
                      City Participation Amount                                    $118,000
                      Project Contingency                                            12,000
                      Total                                                        $130,000

                      Funding
                      Developer Contributions                                      $115,000
                      Transportation CIP                                             15,000
                      Total                                                        $130,000


         V.       ALTERNATIVES

                  Council could choose not to approve the Agreement which would result in no
                  monetary contribution to King County at this stage of the project.


         VI.      TIME CONSTRAINTS

                  King County would like to advertise this project for bid by August 30, 2007.


         VII.     LIST OF ATTACHMENTS

                  A. Vicinity Map
                  B. Proposed Agreement



            /s/                                                                        7/3/07
William J. Campbell, Interim Director of Public Works                                    Date


Approved for Council Agenda                    /s/                                     7/6/07
                                               Rosemarie Ives, Mayor                     Date




                                                                                O:\AGENDA\RITS 4 Memo RTC.doc
                                                                               ATTACHMENT A




                      28
                                                                      78

                                                                                                                                                                           51




                                                                     56
                                                                                                                                                                          52




                                                                                                                                                                           33
                                                                           63



                                                                                                                32


                                                                                                                                                                          24

                              65
                                                                                                                                                                    27



                                                                                               58
                                        38                 72                    71                                                                            74




                                                           40             64     37       29          30   47
                                                                                                                                           46
                 19                                                                                   44   86                                                                    88
                                                                                                                                                                                103
                                    2
                                                      16                          7       4       41       85                             23        42
                                                                                                                                     49
                                                                          61                    1
                                                            6                                      5
                                                                                               17
                                                                                                  25       11
                                                                                                                     98    39
                                                                                          60               59
                                                                 43                                                        62                  79             53
                                                                                 45                                             87



                                    3
                                                                                                                                                         55
                 31
                                                                                                                                                              18


                                                                                                                                                              57


                                                                                     73
                                   14
                                                                                                                                                                     81


                                   54                                                                20
                                                                                                                                                                                  101

                                   13
                                                                22

                                   67
                                                                                                                36

12   Signal Number                                              68
                                   50

     Signals with RITS upgrades
                                   48        75 76              21              69             90                     15             66
     RITS Phases
                                                                77
                                   82
             1
                                                                34
                                   12
             2

                                   83
             3                                                  35

                                                                80
             4
                                                                70
             5
                                                 84
             PRIVATE/PUBLIC
                                              26 10
             FUNDING
             (Other than RITS)




         City of Redmond
         Public Works - Transportation
                                                                                  By:          MWP
                                                                                                                                           RITS PROJECT STATUS

                                                                                  Date:             2/12/2007
                                     ATTACHMENT B

                               AGREEMENT
              BETWEEN KING COUNTY AND THE CITY OF REDMOND
                   FOR THE DESIGN AND CONSTRUCTION OF
                THE AVONDALE/NOVELTY HILL ROAD CORRIDOR
                   INTELLIGENT TRANSPORTATION SYSTEM

THIS AGREEMENT is made and entered into by and among King County, a political
subdivision of the State of Washington, hereinafter called the “County” and the City of Redmond
hereinafter called the “City”. The County and the City are collectively referred to as the
“Parties”.

                                           RECITALS

A.     The County has Capital Improvement Program projects (C60114 and CIP #100206)
       along the Avondale/ Novelty Hill Road corridor (the “Corridor”) for the purpose of
       designing and constructing the Intelligent Transportation System (ITS) program for the
       Corridor, hereinafter called the “Project”. The Project has been awarded a total of
       $686,700 in grant funds.

B.     The Corridor is defined as starting from 208th Ave NE on Novelty Hill Road to Avondale
       Road, continuing south on Avondale Road to SR 520 ramps and to a communication hub
       at SR 202 and SR 520 interchange.

C.     The City and the County own traffic signals and related equipment along the Corridor.
       All additional equipment installed as part of the Project will be owned by the party with
       jurisdiction following acceptance of construction by both Parties.

D.     The Parties agree that the construction of the Project would optimize the use of existing
       signals and turn lanes along the Corridor.

E.     It is in the best interest of the Parties for the County to implement the Project.

NOW, THEREFORE, the Parties hereby covenant and agree as follows:

                                         AGREEMENT

1.     SCOPE OF WORK

       The ultimate scope of work is to prepare engineering design plans and to construct the
       Project. The agreement product will be the preparation of engineering drawings and
       construction of Avondale/Novelty Hill Road ITS. The County shall perform all design
       and engineering services for the Project, including that portion of the Corridor within the
       City, in accordance with all applicable standards and with consultation with the City.

       The Project includes the following specific design requirements:


                                                 1
           o Install Econolite ASC-2 or 3 controllers or controller with equivalent software
             throughout the Corridor: seven (7) within the City and one (1) within the County
           o The City will receive (2) cabinet replacements for installation along the corridor
             and the County will receive one (1). If at 95% design, it is determined that
             additional budget is available for City equipment, additional cabinets will be
             purchased for the City.
           o The controller at Novelty Hill Road/208th Ave NE will communicate over a fiber
             optic cable to the communication hub.
           o The Redmond controllers will continue to communicate over copper interconnect
             and be transferred to fiber at the communication hub.
           o A fiber optic hub will be installed at Avondale/Novelty Hill Road for
             communication equipment necessary to connect the corridor to the City and the
             County and provide communication between the City, WSDOT and King County
             Traffic Management Centers. This fiber optic hub will be jointly owned by the
             City and the County. The agencies shall each be responsible for 50 percent of the
             cost to maintain or replace the fiber optic hub cabinet. Each agency will be 100
             percent responsible for the cost to maintain and replace their own equipment
             within the cabinet.
           o Two cameras will be installed at the intersection of Avondale/Novelty Hill Road.
           o Two cameras will be replaced at Novelty Hill Road/208th Ave NE intersection.
           o Up to one additional camera and one permanent count station will be installed
             along Novelty Hill Road within King County right-of-way.
           o Additional equipment will be purchased for fiber termination at the Old Redmond
             Elementary School.


2.   COUNTY AND CITY RESPONSIBILITIES

     2.1     The County is the lead agency for the Project and is the lead agency with regard to
             design, right-of-way acquisition, construction, NEPA review, permitting, ISTEA
             funding and all other matters pertinent to the accomplishment of the Scope of
             Work. The City shall provide all necessary permits for that portion of the Project
             within its jurisdiction.

             2.1.1    The County will provide 30%, 70%, and 95% plans and specifications to the
                      City for review. The City will provide written comments, if any, to the
                      County within fourteen days after the City receives the plans and
                      specifications.

              2.1.2   The County and City shall reevaluate the budget and the City’s costs at
                      95% design, prior to Project ad, and at bid opening to assure that the costs
                      will stay within the Project budget of $975,200. If the City’s portion of
                      Project will exceed the estimated $362,200, the City has the right to
                      renegotiate the City’s portion of the Project with the County only to the
                      extent of assuring that the City’s portion of the Project stays within the
                      $362,200 estimate.


                                                2
           2.1.3   The final design shall be mutually agreed upon by the Parties.

     2.2   The County shall be responsible for coordinating the public information and
           involvement process and shall meet with the City to develop the Public
           Involvement Plan. The City shall be given the opportunity to attend and
           participate in any public meetings.

     2.3   The Parties shall appoint a contact person or persons to act as a liaison for the
           Project. These contact persons will meet on an “as needed” basis to serve as a
           coordination body among the Parties.

     2.4   The City hereby grants the County right-of-entry into the corporate limits of the
           City for the purpose of performing any and all tasks necessary to complete the
           Project. The County shall apply for, and the City shall grant, a no fee right-of-way
           use permit prior to Project construction.

     2.5   The final acceptance of the Project shall be by the County after review and
           approval by the City for the portion of the Project within the City’s jurisdiction.

     2.6   The schedule for the Project shall be mutually agreed upon by the Parties.


3.   CONSTRUCTION CONTRACT

     3.1   The County shall prepare the contract bid documents.

     3.2   The County shall require all contractors and sub-contractors to name the City of
           Redmond, its employees, agents, and officers as additional insured on all liability
           insurance policies except Professional Liability and Workers Compensation.

     3.3   The County shall advertise the contract in the official legal publication for the
           County and, if necessary, other newspapers to provide the widest possible
           coverage commensurate with the size of the Project. The City will be responsible
           for additional notification.

     3.4   The County will provide to the City four copies of the plans and specifications
           advertised for the contract.

     3.5   The County will open the bids, which is typically three weeks after the Project is
           advertised. The City is invited to attend the opening of the bids.

     3.6   The County will tabulate the bids. The County shall provide a dated, verified copy
           of the bid tabulations to the City. The bid tabulations will identify the estimated
           construction, inspection and overhead cost based upon the lowest responsible bid.

     3.7   The County shall award the contract to the lowest responsible bidder for the


                                              3
           Project, subject to applicable laws and regulations.

4.   CONSTRUCTION CONTRACT ADMINISTRATION

     4.1   The County shall provide the necessary engineering, administrative, inspection,
           clerical and other services necessary for the execution of the Project. In providing
           such services within the City’s jurisdiction, the County Road Engineer may
           exercise all the powers and perform all the duties vested by law or ordinance in the
           City Engineer or other City officer or department charged with street
           administration, as limited by the terms of the right-of-way use permit.

     4.2   The City may inspect the Project to insure proper compliance with requirements
           during the performance of the Project within the City. The City shall advise the
           County of any deficiencies noted.

           4.2.1   The City’s inspector shall not communicate directly with or instruct the
                   contractor directly on any matters regarding contract performance.

           4.2.2   The City shall notify the County, in writing, of any changes it wishes to
                   make which affect the City’s portion of the Project. The parties shall
                   jointly determine whether any changes requested by the City will be
                   implemented. The City shall be financially responsible for those requested
                   changes. This City financial responsibility will be in addition to the City’s
                   financial obligation as described in Section 5.1.

     4.3   The County shall keep the City advised as to the progress of the Project and shall
           not order or approve any changes in the approved Project plans and specifications
           that substantially change the nature of the Project without first consulting the City.

     4.4   At the completion of the Project, both parties shall perform a mutual final
           inspection of the Project. The City may provide a written deficiency list to the
           County within five working days after the final inspection. The contractor will
           complete only deficiencies that comply with the contract specifications or
           applicable City and County standards. Final project acceptance will be by the
           County as the Certification Acceptance agency of the Project.

5.   PAYMENT

     5.1   The City shall pay the County for actual costs incurred by the County associated
           with the design and construction, without limitation, for the portion of the Project
           built for the City’s benefit not reimbursed by the grant.

           5.1.1   The cost estimate for the City’s portion of the Project is $362,200 per
                   Exhibit A. The expected grant proceeds to be reimbursed to the City’s
                   portion of the Project is $246,400, for a net cost to the City of $115,800.

     5.2   In addition, the City shall pay the County for any City requested scope of work


                                              4
            changes for which the City is financially responsible as described in Section 4.2.2.
            Costs associated with City requested changes shall be the full financial
            responsibility of the City, unless agreed otherwise between the two Parties.

     5.3    The County shall invoice the City on no more than a monthly basis for costs
            incurred by the County associated with the City’s portion of the Project minus the
            amount reimbursed by the grant. The City shall pay the County no later than 30
            days after the City receives the County’s invoice, with one percent per month
            interest being charged to the City as a delinquent charge, starting 30 days after the
            billing date.

6.   DURATION/TERMINATION

     6.1    This Agreement shall remain in effect until final acceptance of the Project and
            payment by the City of all monies due from the City to the County subject to the
            early termination provisions in Section 6.2 and 6.3.

     6.2    The County's estimated cost share of the Project is fully funded for construction in
            2007, the County's current appropriation year. Funding for this Agreement beyond
            the County's current appropriation year is conditional upon appropriation by the
            Metropolitan King County Council of sufficient funds to support the County's
            obligations described herein. Should such appropriation not be approved, this
            Agreement shall terminate at the close of the current appropriation year. The
            appropriation year ends on December 31st of each year.

     6.3    If expected or actual funding from sources other than the City and the County is
            withdrawn, reduced or limited in any way prior to the completion of the Project,
            either Party may, with thirty (30) days written notice to the other Party, terminate
            this Agreement.

     6.4    In the event of termination prior to completion of the Project:

            6.4.1   All direct and indirect phasing-out costs shall be paid by the Party
                    requesting termination.

            6.4.2   Termination costs payable shall not exceed the actual costs incurred as a
                    result of termination of the Project.

            6.4.3   The other Party shall be released from any further obligations under the
                    Agreement.

7.   FORCE MAJEURE

     The County's performance under this Agreement shall be excused during any period of
     force majeure. Force majeure is defined as any condition that is beyond the reasonable
     control of the County, including but not limited to, natural disaster, severe weather
     conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring


                                               5
       right-of-way or other necessary property or interests in property, permitting delays, or any
       other delay resulting from a cause beyond the reasonable control of the County.

8.    DISPUTE RESOLUTION

      In the event of a dispute between the Parties regarding this Agreement, the Parties shall
      attempt to resolve the matter informally. If the parties are unable to resolve the matter
      informally, the parties may agree in writing to an alternative dispute resolution process.

9.    INDEMNIFICATION

      The County shall protect, defend, indemnify and save harmless the City, its successors and
      assigns together with its officers, directors, employees, and agents only from and against any
      and all liabilities, damages, costs, expenses, causes of action, claims, suits, proceedings and
      judgments (collectively “Claims”) which they may incur or suffer or be put to by reason of or
      in connection with or arising from any breach, violation or non-performance by the County of
      any obligation contained in this Agreement, to be observed or performed by the County, or
      any wrongful act or negligence of the County or its agents or employees which relates to this
      Agreement, howsoever arising. For this purpose, the County, by mutual negotiation, hereby
      waives, with respect to the City only, any immunity that would otherwise be available against
      such claims under the Industrial Insurance provisions of Title 51RCW. In the event the City
      incurs any judgment, award, and/or cost arising therefrom including attorney’s fees to enforce
      the provisions of this article, all such fees, expenses and costs shall be recoverable from the
      County.

      The City shall protect, defend, indemnify and save harmless the County, its successors and
      assigns together with its officers, directors, employees, and agents only from and against any
      and all Claims which they may incur or suffer or be put to by reason of or in connection with
      or arising from any breach, violation or non-performance by the City of any obligation
      contained in this Agreement, to be observed or performed by the City or any wrongful act or
      negligence of the City or its agents or employees which relates to this Agreement, howsoever
      arising. For this purpose, the City, by mutual negotiation, hereby waives, with respect to the
      County only, any immunity that would otherwise be available against such claims under the
      Industrial Insurance provisions of Title 51RCW. In the event the County incurs any
      judgment, award, and/or cost arising therefrom including attorney’s fees to enforce the
      provisions of this article, all such fees, expenses and costs shall be recoverable from the City.

10.   OTHER PROVISIONS

      10.1     The County shall be deemed an independent contractor for all purposes and the
               employees of the County, or any of its contractors, subcontractors and their
               employees shall not in any manner be deemed to be employees or agents of the
               City.

      10.2     Nothing contained herein is intended to, or shall be construed to, create any rights
               in any person or entity not a signatory to this Agreement, or to form the basis for
               any liability on the part of the City, the County, or their officials, employees,


                                                   6
            agents or representatives, to any person or entity not a signatory to this Agreement.

     10.3   Waiver of any breach of any provision of this Agreement shall not be deemed to be
            a waiver of any prior or subsequent breach and shall not be construed to be a
            modification of the terms of this Agreement.

     10.4   Each Party shall retain ownership and usual maintenance responsibility for the
            road, drainage system, signs, sidewalk and other property within its jurisdiction.

     10.5   The headings in this Agreement are for convenience only and do not in any way
            limit or amplify the provisions of this Agreement.

     10.6   If any provision of this Agreement shall be held invalid, the remainder of the
            Agreement shall not be affected thereby if such remainder would then continue to
            serve the purposes and objectives of the Parties.

     10.7   This Agreement contains the entire agreement of the Parties and any
            representations or understandings, whether oral or written, not incorporated herein
            are excluded.

     10.8   This Agreement may be amended only by an instrument in writing, duly executed
            by all Parties.

    IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the
date last signed below.


KING COUNTY                                        CITY OF REDMOND



________________________________                   ______________________________
Linda Dougherty, Division Director                 Rosemarie Ives, Mayor
Road Services Division                             City of Redmond


______________________________                     ______________________________
Date                                               Date




APPROVED AS TO FORM:                               APPROVED AS TO FORM:

_________________________________                  ______________________________
Deputy Prosecuting Attorney                        City Attorney


                                              7
                                  EXHIBIT A


Summary                                   Total        King County   Redmond
Signal Controllers and Cabinets             $121,000      $28,000      $93,000
ITS equipment                               $143,106     $113,951      $29,155
Fiber optic install                         $141,820     $114,900      $26,920
CCTV Cameras                                 $87,000      $53,000      $34,000
Mobilization                                 $49,292      $30,985      $18,307
Traffic Control                              $25,000      $15,715       $9,285

Subtotal Construction                       $567,218    $356,551       $210,667
Contingency                                  $56,722    $35,655        $21,067
Total Construction                          $623,940    $392,206       $231,734

Construction Engineering                    $164,900    $103,655       $61,245
Design                                      $186,400    $117,170       $69,230

Total Cost                                  $975,200    $613,000       $362,200

Estimated grant reimbursement               $663,500    $417,100       $246,400
Match Funding                               $311,700    $195,900       $115,800




                                      8

								
To top