Lynnwood/Mountlake Terrace Bikelink Project(, :/4 Cl ,
1 Interlocal Cooperation Agreement for
2 BLINK PROJECT
3 between
4 THE CITY OF LYNNWOOD,
5 THE CITY OF EDMONDS
6 and
7 THE CITY OF MOUNTLAKE TERRACE
8
9 THIS INTERLOCAL AGREEMENT ("AGREEMENT") is entered into under
10 the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between the City of
11 Lynnwood ("LYNNWOOD"), a Washington municipal corporation, the City of Edmonds
12 ("EDMONDS"), a Washington municipal corporation and the City of Mountlake Terrace
13 ("MOUNTLAKE TERRACE"), a Washington municipal corporation (collectively "the
14 PARTIES"), to provide for the design, construction and implementation of the BikeLink
15 Project (the "PROJECT," as further defined below) and to ,define the PARTIES'
16 respective rights, obligations, costs and liabilities regarding this undertaking.
17
18 RECITALS
19
20 WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or
21 units of local government of the State of Washington to cooperate on a basis of mutual
22 advantage to provide for services and facilities; and
23 WHEREAS, the PARTIES all seek to snake access to health and wellness choices
24 for community members easier by improving the built environment; and
25 WHEREAS, the PARTIES collectively have implemented approximately 23
26 miles of bicycle infrastructure over the past decade; however, many of these bicycle
27 segments have been constructed piecemeal as part of larger capital improvements
28 projects which has resulted in a non -continuous, segmented bicycle network; and
29 WHEREAS, the PARTIES seek to establish a regional bicycle network with the
30 goal to increase bicycle ridership and reduce the number of traffic collision injuries or
31 deaths; and
32 WHEREAS, the completion of a regional bicycle network that establishes several
33 key north/south and east/west corridor routes and connects major destinations and transit
34 locations will serve the PARTIES' transportation and recreation purposes; and
35 WHEREAS, in 2014, the PARTIES were jointly awarded $1.9 million in grant
36 funds from the Verdant Health Commission ("VERDANT") to complete the PROJECT;
37 and
38 WHEREAS, on November 24, 2014 LYNNWOOD, as lead agency for the
39 PROJECT, entered into an Interlocal Agreement with VERDANT (the "VERDANT
40 AGREEMENT") for the purpose of defining their respective rights, obligations, costs and
41 liabilities regarding the PROJECT; and
-e-
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1 WHEREAS, pursuant to the VERDANT AGREEMENT, LYNNWOOD will
2 receive a total of $1.9 million from VERDANT in three installments over a period of
3 three years (the "VERDANT Grant Funds"); and
4 WHEREAS, the PARTIES desire to enter into this separate AGREEMENT for
5 the purpose of defining their respective rights, obligations, costs and liabilities regarding
6 this undertaking; and
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WHEREAS, the PARTIES have selected a qualified design consultant through a
competitive process for implementation of the design portions of the PROJECT; and
WHEREAS, the City Councils of the City of Lynnwood, City of Edmonds and
the City of Mountlake Terrace have taken appropriate action to approve their respective
City's entry into this AGREEMENT;
NOW, THEREFORE, in consideration of the terms, conditions and covenants
contained herein, the PARTIES agree as follows:
TERMS
Section 1. Purpose. The purpose of this AGREEMENT is to establish a formal
arrangement under which LYNNWOOD will administer and implement the grant award
from VERDANT of the VERDANT Grant Funds, design and construct LYNNWOOD's
components of the PROJECT, and distribute grant funds in accordance with the terms of
this AGREEMENT to EDMONDS and MOUNTLAKE TERRACE for design and
construction of their respective components of the PROJECT. The -terms, conditions, and
covenants of this AGREEMENT shall accordingly be interpreted to advance the
PROJECT. This AGREEMENT further seeks to allocate and define the PARTIES'
respective rights, obligations, costs and liabilities concerning the establishment, operation
and maintenance of this undertaking.
Section 2. Definitions. For the purpose of this AGREEMENT, the following
word(s) shall have the following meaning(s):
The "PROJECT" means the design, construction and implementation of the
component items identified in Exhibits A and R, attached hereto, including: 1) complete
10 critical missing links (approximately 29,900 linear feet) of the community's bicycle
network; 2) install bicycle warning and guide signs; 3) install bicycle parking at key
destinations; 4) conduct public education and outreach about bicycle safety, benefits,
maps and routes; and 5) conduct pre- and post -usage studies.
"LYNNWOOD' S IMPROVEMENTS" means the components of the PROJECT
listed in Exhibit A, attached hereto, which are identified as an obligation of
LYNNWOOD.
"EDMONDS' IMPROVEMENTS" means the components of the PROJECT
listed in Exhibit A, attached hereto, which are identified as an obligation of EDMONDS.
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I "MOUNTLAKE TERRACE'S IMPROVEMENTS" means the components of the
2 PROJECT listed in Exhibit A, attached hereto, which are identified as an obligation of
3 MOUNTLAKE TERRACE.
4
5 Section 3. Term. This AGREEMENT shall be effective upon execution by all of
6 the PARTIES hereto. Unless terminated in accordance with Section 4, this
7 AGREEMENT shall remain effective until the sooner of the following events, when it
8 shall expire automatically:
9 A. When all of the following occur:
10 (1) LYNNWOOD has made its final reimbursement payment to EDMONDS
11 and MOUNTLAKE TERRACE
12 (2) LYNNWOOD has made its final payment for LYNNWOOD' S
13 IMPROVEMENTS, out of the VERDANT Grant Funds
14 (3) LYNNWOOD has returned any remaining VERDANT Grant Funds to
15 VERDANT
16 B. The effective date of the termination, if any, of the VERDANT
17 AGREEMENT for any reason, or
18 C. December 31, 2019.
19
20 The PARTIES may renew and/or extend the term of this AGREEMENT by a written
21 amendment signed by all of the PARTIES in accordance with Section 18 of this
22 AGREEMENT.
23
24 Section 4. Termination. Any PARTY may terminate this AGREEMENT with or
25 without cause by providing the other PARTIES with 30 days written notice of its intent to
26 terminate. Termination or expiration shall not alter the PARTIES' respective obligations
27 under Section 13 of this AGREEMENT, or to reimburse any Party for work performed
28 on that Party's Improvements prior to the effective date of termination or expiration.
29
30 Section 5. Miscellaneous Obligations. The PARTIES agree to:
31
32 A. Develop and complete the PROJECT components identified in Exhibits A
33 and B, attached hereto. The PROJECT components listed and depicted in
34 Exhibits A and B are to serve as the guideline for final engineering and
35 design of the PROJECT. PROJECT components shall be separately
36 delegated for implementation to the various PARTIES as identified in
37 detail in sections 6, 7, and 8 of this AGREEMENT. Each PARTY shall
38 complete that PARTY's separate obligations within the VERDANT Grant
39 Funds amount allocated to that PARTY as identified in, Exhibit A and in
40 Sections 6.13, 7.A and 8.A. If at any time a PARTY believes that it cannot
41 complete its separate obligations within the allocated funding, the PARTY
42 shall execute either of the following options:
43
44 (1) Pay for the additional cost with the PARTY's own funds, and/or
M
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(2) Submit a request to revise the PROJECT scope as outlined in subsection
5.13 of this AGREEMENT.
B. Use VERDANT Grant Funds only on items identified in Exhibits A and
B, unless the Party receives written prior authorization by VERDANT. If
at any time EDMONDS or MOUNTLAKE TERRACE wishes to revise
the scope of the PROJECT, EDMONDS or MOUNTLAKE TERRACE
shall notify LYNNWOOD of the requested revision. Then LYNNWOOD
shall submit a scope revision request to VERDANT for VERDANT'S
consideration and approval. If LYNNWOOD wishes to revise the scope
of the PROJECT, then LYNNWOOD shall submit a scope revision
request to VERDANT for VERDANT'S consideration and approval.
The PARTIES recognize that pursuant to Paragraph 4.1 of the VERDANT
AGREEMENT, VERDANT, at VERDANT's option, may object to any
scope revision request if the revision will be materially inconsistent with
the PROJECT identified in Exhibits A and B and such inconsistency will
substantially interfere with the intended use of the PROJECT for
implementing a comprehensive bicycle network. If VERDANT objects to
a request for a scope revision, pursuant to Paragraph 4.1 of the
VERDANT AGREEMENT, LYNNWOOD shall attempt to resolve
VERDANT'S objection within 30 days of VERDANT providing notice to
LYNNWOOD of its objection. EDMONDS and MOUNTLAKE
TERRACE shall cooperate with and provide reasonable assistance to
LYNNWOOD in LYNNWOOD's attempt to resolve VERDANT's
objection. If LYNNWOOD is unable to resolve VERDANT'S objection
within thirty (30) days after receiving such notice, and if the PARTY
requesting the scope revision does not elect to proceed with the original
scope of the PROJECT, including payment for PROJECT costs in excess
of the VERDANT Grant Funds allocated to that PARTY, the PARTY' S
recognize that VERDANT may execute its option to terminate its funding
obligations as outlined in the VERDANT AGREEMENT.
C. After the PROJECT is complete, and if any VERDANT Grant Funds held
by EDMONDS and/or MOUNTLAKE TERRACE have not been
expended on PROJECT costs, EDMONDS and/or MOUNTLAKE
TERRACE shall return the unexpended VERDANT Grant Funds to
LYNNWOOD, who shall return said unexpended Grant Funds, together
with any and all unexpended VERDANT Grant Funds held by
LYNNWOOD, to VERDANT.
D. Credit VERDANT in any and all publicity vehicles about the PROJECT,
including but not limited to press releases, websites, brochures and fliers.
The Verdant Health Commission name and/or logo shall also be featured
on wayfmding signs and other bicycling facilities in a manner that is
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I mutually agreeable to VERDANT and the PARTIES and complies with
2 local, state, and federal transportation rules and guidelines.
3
4 E. In the event that the PARTIES utilize an architect or engineer by
5 independent contract or a public works contract to fulfill obligations
6 under this AGREEMENT, the PARTIES shall use their best efforts to
7 obtain whatever warranties are reasonably available and to secure
8 contractual indemnities to protect the PARTIES and VERDANT from
9 liability arising out of the work performed under this AGREEMENT;
10 provided, however, that the PARTIES shall incur no liability arising from
11 this AGREEMENT if the PARTIES are unable to obtain such warranties
12 and indemnities. The PARTIES shall also require such professional or
13 contractor to provide adequate insurance to cover any and all liability
14 incurred during the course of construction of the PROJECT or other
15 implementation of this AGREEMENT.
16
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18 Section 6. Obli ations of LYNNWOOD, LYNNWOOD agrees to:
19
20 A. Act as lead agency for the PROJECT. The PARTIES agree that
21 LYNNWOOD shall directly receive VERDANT Grant Funds as stated in
22 the VERDANT AGREEMENT. LYNNWOOD shall retain the
23 VERDANT Grant Funds in a PROJECT fund until the Grant Funds are
24 distributed to EDMONDS or MOUNTLAKE TERRACE in accordance
25 with Section 9 of this AGREEMENT and until LYNNWOOD expends the
26 Grant Funds to fulfill its separate obligations under this AGREEMENT.
27
28 B. Design, construct and implement LYNNWOOD'S IMPROVEMENTS
29 identified in Exhibit A, attached hereto. This includes but is not limited to
30 securing all necessary consultants, contractors, and subcontractors deemed
31 necessary by LYNNWOOD to complete LYNNWOOD'S
32 IMPROVEMENTS. Pursuant to Section 9 of this AGREEMENT,
33 expenditures related to LYNNWOOD'S IMPROVEMENTS shall be paid
34 directly by LYNNWOOD using VERDANT Grant Funds. VERDANT
35 funding for LYNNWOOD'S IMPROVEMENTS is limited to
36 $1,088,513.00.
37
38 For work not executed with city forces, all construction contracts shall be
39 procured through a formal competitive bidding process consistent with
40 applicable State law and city code. LYNNWOOD shall be solely and
41 exclusively responsible for ensuring the compliance of said bidding
42 process with all applicable procedures required under state and local laws
43 and regulations.
44
45 C. Develop and implement an outreach and education plan identified in
46 Exhibit A under LYNNWOOD'S IMPROVEMENTS. Obtain
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EDMONDS' and MOUNTLAKE TERRACE'S approval prior to
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proceeding with implementation of the plan; provided, that EDMONDS
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and MOUNTLAKE TERRACE shall not unreasonably withhold approval
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of LYNNWOOD'S outreach and education plan.
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D.
Develop and implement a bike parking installation plan as identified in
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Exhibit A under LYNNWOOD'S IMPROVEMENTS. Obtain
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EDMONDS and MOUNTLAKE TERRACE approval prior to proceeding
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with implementation of the plan; provided, that EDMONDS and
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MOUNTLAKE TERRACE shall not unreasonably withhold approval of
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LYNNWOOD'S outreach and education plan.
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E.
Conduct a before/after usage study as identified in Exhibit A under .
1.4
LYNNWOOD'S IMPROVEMENTS. Upon completion of the study,
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LYNNWOOD shall provide the results to EDMONDS and
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MOUNTLAKE TERRACE.
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F.
Review, provide comments on, and in LYNNWOOD'S discretion approve
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the engineering and design drawings prepared by EDMONDS for the 76t11
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Avenue W (208th Street SW to Olympic View Drive) improvements
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identified in Exhibit A under EDMONDS' IMPROVEMENTS; provided,
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that LYNNWOOD shall not unreasonably withhold its approval of the
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engineering and design drawings.
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G.
Assume sole responsibility for applying for and obtaining any and all
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regulatory permits necessary to complete LYNNWOOD'S
27
IMPROVEMENTS, including but not limited to SEPA and building
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permits if applicable.
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H.
Provide periodic VERDANT Grant Funds distributions to EDMONDS
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and MOUNTLAKE TERRACE to reimburse EDMONDS and
32
MOUNTLAKE TERRACE for their costs in design and construction of
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the EDMONDS IMPROVEMENTS and the MOUNTLAKE TERRACE
34
IMPROVEMENTS pursuant to Section 9 of this AGREEMENT.
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I.
Respond promptly to information requests submitted by EDMONDS,
37
MOUNTLAKE TERRACE or their agents regarding the PROJECT.
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Section 7. Obligations of EDMONDS. EDMONDS agrees to:
40
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A.
Design, construct and implement EDMONDS' IMPROVEMENTS
42
identified in Exhibit A, attached hereto. This includes but is not limited to
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securing all necessary consultants, contractors, and subcontractors deemed
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necessary by EDMONDS to complete EDMONDS' IMPROVEMENTS.
45
Pursuant to section 9 of this AGREEMENT, expenditures related to
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EDMONDS' IMPROVEMENTS shall be paid directly by EDMONDS.
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EDMONDS shall then submit to LYNNWOOD written requests for
2
reimbursement for the expenditures made by EDMONDS for the
3
EDMONDS' IMPROVEMENTS. VERDANT funding for EDMONDS'
4
IMPROVEMENTS is limited to $736,381.00.
5
6
For work not executed by city forces, all construction contracts shall be
7
procured through a formal competitive bidding process consistent with
8
applicable State law and city code. EDMONDS shall be solely and
9
exclusively responsible for ensuring the compliance of said bidding
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process with all applicable procedures required under state and local laws
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and regulations.
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B.
Review and approve the outreach and education plan prepared by
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LYNNWOOD identified in Exhibit A under LYNNWOOD'S
15
IMPROVEMENTS. Approval shall not be unreasonably withheld.
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C.
Review and approve the bike parking installations plan prepared by
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LYNNWOOD identified in Exhibit A under LYNNWOOD'S
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IMPROVEMENTS. Approval shall not be unreasonably withheld.
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D.
As they become available, submit to LYNNWOOD for comment and
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approval all engineering and design drawings (at 60% complete, 90%
2.3
complete, 100% complete, and final bid ready) as determined appropriate
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by LYNNWOOD for the 76 h Avenue W (208th Street SW to Olympic
25
View Drive) improvements identified in Exhibit A. EDMONDS shall
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provide LYNNWOOD with 30 days to review and provide comments
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and/or approval on each submittal; provided, that if LYNNWOOD does
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not provide comments or approval with 30 days of receiving said
29
engineering and design drawings, LYNNWOOD shall be deemed to have
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approved the engineering and design drawings. EDMONDS shall obtain
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L"YNNWOOD's approval prior to proceeding with construction of the 76"'
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Avenue W (208t" Street SW to Olympic View Drive) improvements;
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provided, that LYNNWOOD shall not unreasonably withhold its approval.
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E.
Submit final engineering and design drawings for the other EDMONDS'
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IMPROVEMENTS to LYNNWOOD prior to proceeding with
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construction. Pursuant to the VERDANT AGREEMENT, LYNNWOOD
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shall submit the final drawings to VERDANT for approval to proceed
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with construction. If VERDANT objects or otherwise does not approve
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the final drawings, LYNNWOOD shall notify EDMONDS within 7 days
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of receipt of notice of VERDANT' S objection to the final engineering and
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design drawings.
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F.
Assume sole responsibility for applying for and obtaining any and all
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regulatory permits necessary to complete EDMONDS'
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IMPROVEMENTS, including but not limited to SEPA and building
permits if applicable.
G. Submit to LYNNWOOD written invoices for payment of EDMONDS'
IMPROVEMENTS expenditures in accordance with Section 9.
H. Respond promptly to information requests submitted by LYNNWOOD,
MOUNTLAKE TERRACE or their agents regarding the PROJECT.
Section 8. Obligations of MOUNTLAKE TERRACE. MOUNTLAKE
TERRACE agrees to:
A. Design, construct and implement MOUNTLAKE TERRACE'S
IMPROVEMENTS identified in Exhibit A, attached hereto. This includes
but is not limited to securing all necessary consultants, contractors, and
subcontractors deemed necessary by MOUNTLAKE TERRACE to
complete MOUNTLAKE TERRACE'S IMPROVEMENTS. Pursuant to
section 9 of this AGREEMENT, expenditures related to MOUNTLAKE
TERRACE'S. IMPROVEMENTS shall be paid directly by
MOUNTLAKE TERRACE. MOUNTLAKE TERRACE shall then
submit to LYNNWOOD written requests for reimbursement for the
expenditures made by MOUNTLAKE TERRACE for MOUNTLAKE
TERRACE'S IMPROVEMENTS. VERDANT funding for
MOUNTLAKE TERRACE'S IMPROVEMENTS is limited to
$70,783.00.
For work not executed by city forces, all construction contracts shall be
procured through a formal competitive bidding process consistent with
applicable State law and city code. MOUNTLAKE TERRACE shall be
solely and exclusively responsible for ensuring the compliance of said
bidding process with all applicable procedures required under state and
local laws and regulations.
B. Review and approve the outreach and education plan prepared by
LYNNWOOD identified in Exhibit A under LYNNWOOD'S
IMPROVEMENTS. Approval shall not be unreasonably withheld.
C. Review and approve the bike parking installations plan prepared by
LYNNWOOD identified in Exhibit A under LYNNWOOD'S
IMPROVEMENTS. Approval shall not be unreasonably withheld.
D. Submit MOUNTLAKE TERRACE'S IMPROVEMENTS final
engineering and design drawings to LYNNWOOD prior to proceeding
with construction. Pursuant to the VERDANT AGREEMENT,
LYNNWOOD shall submit the final drawings to VERDANT for approval
to proceed with construction. If VERDANT objects or otherwise does not
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approve the final drawings, LYNNWOOD shall notify MOUNTLAKE
2
TERRACE within 7 days of receipt of notice of VERDANT'S objection
3
to the final engineering and design drawings.
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E.
Assume sole responsibility for applying for and obtaining any and all
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regulatory permits necessary to complete MOUNTLAKE TERRACE'S
7
IMPROVEMENTS, including but not limited to SEPA and building
8
permits if applicable.
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F.
Submit to LYNNWOOD written invoices for payment of MOUNTLAKE
I 1
TERRACE'S IMPROVEMENTS expenditures in accordance with Section
12
9.
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G.
Respond promptly to information requests submitted by LYNNWOOD,
15
EDMONDS or their agents regarding the PROJECT.
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Section 9. Payment Schedule. The PARTIES agree to the following billing and
18
payment schedule:
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A.
For expenditures incurred by EDMONDS or MOUNTLAKE TERRACE
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for the design, construction and implementation of the EDMONDS'
22
IMPROVEMENTS or MOUNTLAKE TERRACE'S IMPROVEMENTS,
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EDMONDS and/or MOUNTLAKE TERRACE shall, within 60 days of
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the date EDMONDS and/or MOUNTLAKE TERRACE are billed or
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invoiced for any undisputed charge by its consultants, contractors and
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subcontractors, submit a reimbursement request to LYNNWOOD for said
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expenditures. EDMONDS or MOUNTLAKE TERRACE shall (1)
28
include copies of invoices clearly indicating how expenditures relate to the
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EDMONDS' IMPROVEMENTS or MOUNTLAKE TERRACE'S
30
IMPROVEMENTS, and (2) provide LYNNWOOD a brief written
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progress report with each reimbursement request, describing in reasonable
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detail all work performed on EDMONDS' IMPROVEMENTS and/or
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MOUNTLAKE TERRACE'S IMPROVEMENTS during the period
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covered by the reimbursement request.
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B.
Within 60 days of receiving any undisputed reimbursement request
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pursuant to subsection 9.A, LYNNWOOD shall tender payment to
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EDMONDS and/or MOUNTLAKE TERRACE in the form of a check,
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money order or other certified funds for the reimbursement request;
40
PROVIDED THAT:
41
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(1) The total payment by LYNNWOOD for reimbursement requests
43
submitted by EDMONDS and/or MOUNTLAKE TERRACE shall not
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exceed the amounts identified in subsections TA and 8.A respectively;
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and
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1 (2) If EDMONDS or MOUNTLAKE TERRACE fail to submit an expense
2 invoice in a timely manner, the time for EDMONDS' or MOUNTLAKE
3 TERRACE'S reimbursement shall be extended as is reasonably necessary
4 to comply with budget and state auditor guidelines as may be applicable.
5
6 C. Consistent with Section 6 of this AGREEMENT and with the VERDANT
7 AGREEMENT, LYNNWOOD shall pay all costs and expenses incurred
8 by LYNNWOOD for the design, construction and implementation of
9 LYNNWOOD'S IMPROVEMENTS directly from the VERDANT Grant
10 Funds; provided, that the total payments from the VERDANT Grant
11 Funds shall not exceed the amount identified in subsection 6.B.
12
13 D. In the event that the PARTIES disagree regarding any expenses incurred
14 by the PARTIES regarding the PROJECT, the PARTIES may agree to
15 submit the question for resolution by a mediator or arbitrator acceptable to
16 the disagreeing PARTIES.
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18 Section 10. Construction Project Acceptance. Upon satisfactory completion of
19 EDMONDS' IMPROVEMENTS, EDMONDS shall notify LYNNWOOD in writing of
20 such. Upon satisfactory completion of MOUNTLAKE TERRACE'S IMPROVEMENTS,
21 MOUNTLAKE TERRACE shall notify LYNNWOOD in writing of such. Upon
22 satisfactory completion of LYNNWOOD'S IMPROVEMENTS by LYNNWOOD and
23 after LYNNWOOD has received completion notices from EDMONDS and
24 MOUNTLAKE TERRACE, LYNNWOOD shall notify VERDANT of PROJECT
25 completion.
26.
27 Section 11. Ownership and Disposition of Property. Upon completion of the
28 PROJECT, PROJECT IMPROVEMENTS constructed pursuant to this AGREEMENT
29 shall become and remain the exclusive property of the jurisdiction in which those
30 IMPROVEMENTS are located.
31
32 Section 12. Administration; No Separate Entity Created. Pursuant to RCW
33 39.34.030, the PARTIES hereby appoint a Contract Administrator who will be
34 responsible for administering this AGREEMENT, and at the direction of the PARTIES,
35 this Contract Administrator shall take such action as is necessary to ensure that this
36 AGREEMENT is implemented in accordance with its terms. The PARTIES hereby
37 designate the LYNNWOOD Public Works Director, or the Director's designee, as the
38 Contract Administrator for this AGREEMENT. No separate legal entity is formed by this
39 AGREEMENT.
40
41 Section 13. Release, Indemnify, Defend, and Hold Harmless Agreement. Each
42 PARTY to this AGREEMENT shall be responsible for its own negligent and/or wrongful
43 acts or omissions, and those of its own officials, agents, employees, representatives or
44 subcontractors, to the fullest extent required by laws of the State of Washington. Each
45 PARTY agrees to protect, indemnify and hold the other PARTIES harmless from and
46 against any and all such liability for injury or damage to the PARTIES or the other
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I PARTIES' property, and also from and against all claims, demands, and causes of action
2 of every kind and character arising directly or indirectly, or in any way incident to, in
3 connection with, or arising out of the performance of this AGREEMENT, caused by its
4 own negligence or wrongful acts or omissions or that of its officials, agents, employees,
5 representatives or subcontractors; provided, that the indemnifying PARTY'S obligation
6 to indemnify, defend and hold harmless the other PARTIES for claims caused by or
7 resulting from the concurrent negligence or wrongful acts or omissions of the PARTIES
8 shall apply only to the extent of the negligence or wrongful acts or omissions of the
9 indemnifying PARTY.
10
11 Each PARTY specifically promises to indemnify the other PARTIES against
12 claims or suits brought under Title 51 RCW by its own employees, contractors, or
13 subcontractors, and waives any immunity that each PARTY may have under that title
14 with respect to, but only to, the limited extent necessary to indemnify the PARTIES.
15 This waiver has been mutually negotiated by the PARTIES. Each PARTY shall also
16 indemnify and hold the other PARTIES harmless from any wage, overtime or benefit
17 claim of any of the first PARTY'S employees, agents, representatives, contractors or
18 subcontractors performing services under this AGREEMENT. Each PARTY further
19 agrees to fully indemnify the other PARTIES from and against any and all costs of
20 defending any such claim or demand to the end that the other PARTIES are held
21 harmless therefrom.
22
23 Section 14. Governing Law and Venue. This AGREEMENT shall be governed
24 by the laws of the State of Washington. Any action arising out of this AGREEMENT
25 shall be brought in Snohomish County Superior Court.
26
27 Section 15. No Employment Relationship Created. The PARTIES agree that
28 nothing in this AGREEMENT shall be construed to create an employment relationship
29 between the PARTIES and any employee, agent, representative or contractor of the
30 PARTIES.
31
32 Section 16. Notices. Notices to LYNNWOOD shall be sent to the following
33 address:
34
35 City of Lynnwood
36 Deputy Public Works director / City Eugi veer
37 19100 40' Avenue W., P.O. Box 5008
38 Lynnwood, WA 98046-5008
39
40 Notices to EDMONDS shall be sent to the following address:
41
42 City of Edmonds
43 City Engineer
44 121 Fifth Avenue N.
45 Edmonds, WA 98020
46
47 Notices to MOUNTLAKE TERRACE shall be sent to the following address:
48
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City of Mountlake Terrace
Public Works Director
6100 219th Street SW, Suite 200
Mountlake Terrace, WA 98043-2222
Section 17. Duty to File Agreement With Coon Auditor. LYNNWOOD shall,
after this AGREEMENT is executed by all PARTIES, file this AGREEMENT with the
Snohomish County Auditor.
Section 18. IntegrwEon. This document constitutes the entire embodiment of the
Agreement between the PARTIES, and, unless modified in writing by an amendment to
this AGREEMENT signed by the PARTIES hereto, shall be implemented as described
above.
Section 19. Non -Waiver. Waiver by any PARTY of any of the provisions
contained within this AGREEMENT, including but not limited to any performance
deadline, shall not be construed as a waiver of any other provisions.
CITY OF LYNNWOOD
By:
Nic Smith, Mayor
Date: 7 ,?C)
ATTEST:
t.
Art Ceniza, Assistant City Militnistrator
r.
APPROVED AS TO FORM:
a
Rosema- Larson, City Attorney
C1TY EDMONDS
By: C'c
Dave Earling, ayor
Date:/.•."%
Page 12 of 13
I ATTEST: ,
2
3
4 Scott asse City Clerk
5
6 APPRD S T
7
8
9 Sharon Cates, Office of the City Attorney
10
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12 CITY OF MOUNTLAKE TERRACE
13
14
15 By:
16 Arlene isher, City Manager
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18 Date:
19
20 ATTES .
21 r
22
23 Virginia Olsen, City Clerk
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25 APPROVEb AS TO FORM:
26
27 !`
28 Gregory G. Schrag, City Atto nx ey
Page 13 of 13
EXHIBIT A - BikeLink
Lynnwood's Improvements
Item
Agency
Design
Const.
Total
;52nd Ave W - 212th to 208th (Bike Lanes)
Lynnwood
$40,151
$53,507
$93,658
200th St SW - 68th to SR99 (Bike Lanes)
Lynnwood
$26,383
$65,834
$92,217
200th St SW - 50th to 48th (Bike Lanes/widening/sidewalk)
Lynnwood
$50,841
$192,655
$243,496
48th Ave W - 200th to 196th (Bike Lanes/widening)
Lynnwood
$30,510
$107,102
$137,612
48th Ave W - 196th to 194th (Bike Lanes)
Lynnwood
$24,614
$48,137
$72,751
48th Ave W -194th to 183rd (Bike Lanes/Sharrows)
Lynnwood
$25,412
$56,123
$81,535
212th St SW - Hwy99 to 63rd (Bike Lanes)
Lynnwood
$15,095
$42,964
$58,059
Improved Bicycle Signing (exisfing routes, 168th, OVD, 176th,
44th, 188th, 68th, 200th, 208th, 212th, 52nd, cedar valley)
Lynnwood
$20,100
$77,000
$97,100
Improved Bicycle Signing (Interurban Trail and proximity)
Lynnwood
$23,346
$88,739
$112,085
Bike Parking installations
Multi
-
$20,000
$20,000
Before/After Usage Study
Multi
$30,000
$30,000
Outreach & Education
Imult,
$50,000
-
$50,000
Total
$336,452
$752,061
$1,038,513
Edmonds' Improvements
Item
Agency
Design
Const.
Total
212th St SW - 84th to Hwy99 (Bike Lanes/Sharrows)
Edmonds
$49,385
$140,556
$189,941
76th Ave W - 208th to OVD (Bike Lanes)
Multi
$59,436
$196,355
$255,791
76th Ave W - 220th to 208th (Bike Lanes)
Edmonds
$31,133
$102,853
$133,986
220th St SW - 84th to 76th (Bike Lanes)
Edmonds
$20,195
$66,715
$86,910
Dayton/9th/Bowdoin (Bike Route Signing)
Edmonds
$3,000
$7,000
$10,000
9th/80th (Bike Route Signing)
Edmonds
$1,500
$3,500
$5,000
Improved Bicycle Signing (existing routes, 220th, 76th)
Edmonds
$4,500
$17,000
$21,500
Improved Bicycle Signing (Interurban Trail and proximity)
Edmonds
$6,926
$26,327
$33,253
Total
$976,075
$560,306
$736,381
Mountlake Terrace's Improvements
. item
Agency
Design
Const.
Total
220th/56th (Bike Route Signing)
MLT
$2,000
$5,000
$7,000
Improved Bicycle Signing (existing routes, 236th, Cedar way,
228th, 52nd)
MLT
$4,400
$16,900
$21,300
Improved Bicycle Signing (Interurban Trail and proximity)
MLT
$8,848
$33,634F
$42;483
Tota6
$15,248
$55,534
$70,783
Grand Total $527,77.5 $1,367,901 $1,895,676
Founded $530,000 $1,370,000 $1,900,000
BikeLink Exhibit B
Legend 'r„ f �,':' s• ' }. �}
r,
High School
4 Communit Cestinalians • ' 1 '•
,.ter BikeLtnk - 10 miles
lei ,
r Existing Bika Facililies 23 miles - ,�
r —
_ � Soon To Be Completed - 0 miles
(Von SikeLink)
m Of a interurban Regional Trail - 13 miles ' _ � � '+' > 14%
Hospital District 2 _ r4A Cid ..a 0
Ism M
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g At.OETa d000
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