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HomeMy WebLinkAboutWWP272986(2)6 R CITY OF RENTON TG"AG"A Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM 9EC&V 3 ?003 To: Dave Christensen, PBPW UT sYS FTON • qqS From: Lawrence J. Warren, City Attorney Date: January 31, 2003 Subject: Interlocal Agreement for the Elliott Bridge Sewer Crossing Your version of the contract seems to be in acceptable form. Paying 1% interest per month to a government, which gets 2% per year on its investments, still seems to be nonsense. King County could borrow money at probably 4% per year. Is this a new profit center? Having said that, we should be able to make payments within 90 days. The County can certainly assign us its contract rights as to the sewer work. We are probably a third party beneficiary anyway, so this may not be a huge issue. I wouldn't hold up the contract on either of these issues. ::�awrence J. W rren LJW:tmj cc: Jay Covington Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE CITY OF RENTON ..LL Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM To: Gregg Zimmerman, Administrator From: Lawrence J. Warren, City Attorney Date: October 14, 2002 Subject: Interlocal Agreement for the Elliott Bridge Sewer Crossing I have reviewed the interlocal agreement involved with the City putting its sewer service on the Elliott Bridge reconstruction. I note that there are several written comments by the utility on the copy of the easement that was forwarded to me. Those comments would seem appropriate. I have additional comments. In Section IB, I do not understand how the County could request that the City increase the scope of the sewer facilities to be constructed with the Elliott Bridge project. I understand, that later on in the agreement, the County would pay for any extra construction, but just wonder what the County might request. The County is not a sewer provider, and there is no other sewer provider in the area. Could the County use this clause to try and assist another sewer provider, or just decide to go into the business itself? Your department suggests that , the word "deductive alternate" be changed, in Section HA on Bidding, to use the phrase "separate schedules". That change would appear appropriate and more flexible for the City. In Section HID of the agreement, I believe some mention should be made of the County assigning C its contract rights, as they relate to the sewer construction, to the City. In Section IIIE, your department suggests striking the word "water" in each instance as well as striking the phrase "during construction the locations of bends in the waterlines shall be field - surveyed prior to backfill". In each instance, the City is not building a water facility, so the reference is unnecessary. In Section IVA number 2, I think the City should have some estimate of the County's internal costs that will be charged to the City. In Section IVD, I don't believe that 1% per month interest is appropriate as this is much more than the County can get on investing its money. I am not real strong on this issue because state law Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30% post consumer RENTON AHEAD OF THE CURVE 10/14/02 Page 2 requires a government not paying its bills on time to pay 1% per month. Therefore, the County could be stuck paying 1 % per month on money the City had not promptly paid to the County. The County, however, could borrow money at much less than 1% to make up the difference. In Section VIIC, after the word "shall" in the first line, I would insert the word "contractually". Similarly, on the next to last line, after the word "shall", T would insert the words "be contractually required to". In the signing area, your department correctly notes that the word "manager" should be changed to "Mayor" and that there should be an attestation section for the City Clerk. If I can provide you with any further information on this, please let me know. Let me know when you are ready for the authorizing resolution. Lawrence J. arren LJW:tmj cc: Jay Covington Dave Christensen Lys Hornsby T10.37:20 EGEIVE OCT 15 2002 CITY OF RENTON UTILITY SYST610s NE 112 iH STREET PI IIAS,Elliott Bridge #3166 Replacement THIS AGREEMENT made and entered into by and between King County, Washington, a Municipal Corporation, hereinafter called the "County," and the City of RedrnondRenton, a Municipal Corporation, hereinafter called the "City." WITNESSETH WHEREAS, the County proposes to proceed with NE12 tL1i 1 1- ffe t Phas "Elliott Bridge #3166 Replacement, hereinafter referred to as the "Project;" and WHEREAS, the City provides sewer service in the general area of the Project in accord with applicable Washington State and King County laws, regulations, and franchises; and WHEREAS, the County and the City can achieve cost savings and benefits in the public's interest by performing certain work for the City during construction of the Project, namely the adjustment of sewer manholes and appurtenances located within or adjacent to N-E 424th-Stfe-etinstallation of sanitary sewer main and appurtenances within the project area, hereinafter referred to as the "Utility Work". The Scope of Work and Cost Estimate for the Utility Work are attached as Exhibit "A". NOW, THEREFORE, it is hereby covenanted and agreed by and between the parties hereto as follows: DESIGN A. The City shall, prior to the County advertising the Contract Bid Documents for the Project, furnish complete and reproducible construction drawings, special contract provisions and other necessary documents, to become a part of the County plans and specifications for the Project. The County shall notify the City of any changes, which must be made to these documents to bring them into conformance with County requirements. The City shall provide all required changes to the documents prior to King County's advertisement of the Project. The City's failure to provide the data, documentation, or information as required by this Section may cause the County to delete the Utility Work from the Plans and Specifications for the Project. II. BIDDING A. The County shall incorporate a complete and final set of the City's Plans and Specifications for the Utility Work into the Contract Bid Documents as a deductive alternate in such manner as to allow, to the extent possible, identification of cost allocations between the parties. B. The County shall furnish the City with the bid prices for the Utility Work for the City's approval. Within two weeks of receiving the bid prices, the City shall notify the County in writing that the City either approves or rejects their portion of the contract. The County shall not proceed with the Utility Work until the County has received approval from the City. If bids are received which, in the estimation of the City, are not acceptable for the City's portion, the work shall be deleted from the contract. Bid awards shall be made to the lowest responsible bidder for the total project, subject to applicable laws and regulations. C. If the City rejects the County's lowest responsible bid, the City may select its own contractor to do the Utility Work deemed necessary. In this case, the City shall require its contractor to coordinate all utility work located at the project site with the County's contractor, without unreasonably interfering with or delaying the County's contractor. The City shall notify its contractor of such requirement, and shall provide written notice to the County and the County's contractor ten days prior to beginning utility work on site. If the contractor selected by the City unreasonably delays or impacts the County's contractor, the City agrees to defend, indemnify, and hold King County harmless from and against any such unreasonable delay or impact if a claim is presented by the County's contractor, provided the County shall give the City prompt notice of any potential claim as soon as the County has received knowledge thereof. III. CONTRACT ADMINISTRATION A. The County shall provide the engineering, administrative, inspection, and clerical services necessary for the execution of the work. In providing such services, the County Engineer may exercise all the powers and perform all the duties vested by law in him. B. The City shall furnish an inspector to verify proper compliance with requirements in the contract Plans and Special Provisions while the Contractor is doing the Utility Work. The City's inspector shall perform all usual inspection tasks such as the preparation of the following contract documents: Inspector's Daily Reports, Field Note Records, Force Account Work Sheets, Item Quantity Tickets, As Constructed Drawings, etc. on all the Utility Work. The City inspector shall have the limited authority to communicate with the Contractor on matters regarding contract performance of the Utility Work, provided the City's inspector shall advise the County of any deficiencies in the Utility Work.. The City inspector shall have no authority to bind the County to any adjustments in contract time or price for the Project. The County reserves the right to remove the City's inspector from the project for unsatisfactory performance of his or her duties. The City shall promptly replace such inspector at the County's request. C. The City shall notify the County, in writing, of any changes it wishes to make in the Plans and Specifications that affect the Utility Work, which changes shall be made, if feasible. The County will notify the City of any changes required by the County, which substantially change the nature of the Utility Work and shall obtain the City's approval of such changes, with such approval not being unreasonably withheld by the City. Written notification by the County shall be given to the City prior to the commencement of the work. This Agreement shall be amended in writing to incorporate changes in the Scope of Work or Cost Estimate. The cost of the change, including administration costs, shall be borne by the party proposing the changes. D. The County shall provide the City with written notice of completion of the Utility Work. The City's inspector shall perform final inspection of the Utility Work. The City shall, within seventy-two (72) hours of its final inspection, provide to the County final acceptance of the Utility Work, or alternatively, provide an itemized and detailed response as to why final acceptance of the Utility Work cannot be given. If the City fails to respond to the County, the City will be deemed to have given final acceptance of the Utility Work within ten (10) calendar days of the City's receipt of the notice of completion of the Utility Work from the County, or on the first date on which the City puts any portion of the utility facilities into operation, whichever occurs first. Upon final acceptance of the Utility Work, the County shall be relieved of any and all responsibility and/or liability for the Utility Work and the condition of the utility facilities, provided, however, the County shall assign to the City all of the material warranties as defined in section 1-05.10 of the 2002 Standard Specifications for Road, Bridge and Municipal Construction under the Project contract as to the Utility Work. E. The City shall prepare their own set of record drawings for the Utility Work performed on the Project. The City may also request in writing a copy of the record drawings prepared by or for the County on the Project. The location of all surface features associated with the City's water and sewer facilities shall be field -surveyed by the City's surveyor., IV. PAYMENT A. The City shall reimburse the County for all costs reasonably incurred by the County in performing the utility work, which costs shall include but not be limited to: 1. The contract price, as adjusted by change orders agreed to by the City, to perform the Utility Work; and 2. The County's internal costs incurred during construction of the project (i.e.,, all engineering, clerical, administrative, materials testing, surveying, and inspection services costs and all payroll additives) directly attributable to the Utility Work. B. In the event the County's contractor uncovers any materials while doing work solely related to completion of the Utility Work agreed upon requiring special handling and/or disposal under any local, state or federal laws or regulations (including, but not limited to, hazardous waste, dangerous waste, toxic waste or contaminated soil) the City will be responsible for all costs incurred in handling and/or disposing of such materials. C. All payments shall be due within 60-90 days of the billing date, and when due shall accrue simple interest at the rate of one percent per month. 3 V. INDEMNIFICATION AND HOLD HARMLESS A. Each Party hereto agrees to protect, defend and indemnify the other Party, its officers, officials, employees and agents from any and all costs, claims, claims for delay, judgments and/or awards of damages, arising out of or in any way resulting from the Party's default, failure of performance, or negligent conduct associated with this Agreement, by the Party, its employees, subcontractors or agents. B. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. C. Claims shall include, but not be limited to, defects or mistakes in plans, specifications and/or drawings, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. D. In the event either Party incurs any costs including attorney fees to enforce the provisions of this article and prevails in such enforcement action all such costs and fees shall be recoverable from the losing Party. E. The provisions of this section shall survive the expiration or earlier termination of this Agreement with regard to any event that occurred prior to or on the date of such expiration or earlier termination. VI. OTHER PROVISIONS A. The County shall retain ownership and usual maintenance responsibility for the road and sidewalk. The City shall retain the rights of exclusive use, regulation, and control of the completed "Utility Work" and full ownership of such Utility Work, including but not limited to, the right to sell, transfer, or assign its rights to any partial interest, subject to the Utility franchise from King County. B. This Agreement contains the entire written agreement of the parties and supersedes all prior discussions. This Agreement may be amended only in writing, signed by the authorized representative(s) for each party.. C. Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third party. 2 D. Waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of both parties. E. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect if such remainder would then continue to serve the purposes and objectives of the parties. VII. INDEMNIFICATION OF CITY AND INSURANCE A. The County shall require the contractor building the Project to have the City named as an additional insured on all policies of insurance to be maintained by contractor(s) under the terms of any Project contract(s), with the County contractor building the Project required to maintain Commercial General Liability Insurance, Commercial Automobile Insurance and Workers Compensation. B. The County shall require the contractor building the Project to indemnify, defend, and save harmless the City and its officers, agents, or employees from any claim, real or imaginary, filed against the City or its officers, agents, or employees alleging damage or injury arising out of the contractor's participation in the Project. C. The County shall contractually require the contractor building the Project to be solely and completely responsible for safety and safety conditions at the job site, including the safety of all persons and property during performance of the work. The contractor shall be contractually required to comply with all applicable County and State regulations, ordinances, orders, and codes regarding safety. IN CONSIDERATION of the mutual benefit accruing herein, the parties hereto agree that the work as set forth herein will be performed by the County under the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date last written below. KING COUNTY, WASHINGTON Director, Department of Transportation Name (print) Date APPROVED AS TO FORM Deputy Prosecuting Attorney D:IWim ord_Contracts%Contract_Archiv tElliott _AGR. doc printed 06/26/02 CITY OF REDMOdDRenton Mayor Name (print) Date Attested By: City Clerk APPROVED AS TO FORM City Attorney Al EXHIBIT "A" The ultimate scope of work for the City of Renton portion of the project includes the installation of approximately 451 meters of 450mm PVC pipe, approximately 149 meters of 508mm HDPE pipe contained within a steel sleeve, and appurtenances related to the sewer main construction. " ", T� f tTa�Tz4'� street- Raad improvements, which includes t,,., adjustment of City of JR1 monudsewert nho'esto. the final road -grade— T h greement product will be the construction of the utility w assoc ated with the a.JU nt of the manhole The City shall perform all design services for the utility work, in accordance with all applicable standards after consultation with the County. The final design shall be mutually agreed upon by the County and the City for the utility work and shall be incorporated into the Contract Bid Documents. The final design shall be agreed upon by the parties prior to the County advertising the Contract Bid Documents for the Project.. The County shall incorporate the utility work design into the final plans and specifications for the NE-124tb Street Elliott Bridge #3166 Replacement project and construct the improvements in accordance with Section III of this Agreement. Utility Work - adjustment of sewer manholes to final grade $22420,000.00 County internal costs incurred during construction $342,000.00 $25462,000.00 The County's internal costs shall not exceed 10% of the actual contract amount at time of contract and such contract amount as may be amended by mutually agreed upon contract change orders. 7 L aL-V- 600p" Lrm4tA-trTAt.- NE 12e STREET — PHASE 1113 THIS AGREEMENT made and entered into by and between King County, Washington, a Municipal Corporation, hereinafter called the "County," and the City of Redmond, a Municipal Corporation, hereinafter called the "City." WITNESSETH WHEREAS, the County proposes to proceed with NE 124th Street - Phase 1113, hereinafter referred to as the "Project;" and WHEREAS, the City provides sewer service in the general area of the Project in accord with applicable Washington State and King County laws, regulations, and franchises; and WHEREAS, the County and the City can achieve cost savings and benefits in the public's interest by performing certain work for the City during construction of the Project, namely the adjustment of sewer manholes and appurtenances located within or adjacent to NE 124th Street, hereinafter referred to as the "Utility Work". The Scope of Work and Cost Estimate for the Utility Work are attached as Exhibit "A". NOW, THEREFORE, it is hereby covenanted and agreed by and between the parties hereto as follows: I. DESIGN A. The City-sbafl, in a timely manner, fur The City shall, prior to the County advertising the Contract Bid Documents for the Project, furnish complete reprodacib+eand reproducible construction drawings, special contract provisions and other necessary documents, to become a part of the County plans and specifications for the Project. The County shall notify the City of any changes, which must be made to these documents to bring them into conformance with County requirements,. . The City shall provide all required changes to the documents prior to King County's advertisement of the Project. The City's failure to provide the data, documentation, or information as required by this Section may cause the County to delete the Utility Work from the Plans and Specifications for the Project. II. BIDDING A. The County shall incorporate the- a complete and final set of the City's Plans and Specifications for the Utility -irjtaWork into the Contract Bid Documents as a deductive alternate in such manner as to allow, to the extent possible, identification of cost allocations between the parties. B. The County shall furnish the City with the bid prices for the Utility Work for the City's approval. Within two weeks of receiving the bid prices, the City shall notify the County in writing that the City either approves or rejects their portion of the contract. The County shall not proceed with the Utility Work until the County has received approval from the City. If bids are received which, in the estimation of the City, are not acceptable for the City's portion, the work shall be deleted from the contract. Bid awards shall be made to the lowest responsible bidder for the total project, subject to applicable laws and regulations. C. If the City rejects the County's lowest responsible bid, the City may select its own contractor to do the Utility Work deemed necessary. In this case, the City shall require its contractor to coordinate all utility work located at the project site with the County's contractor, without unreasonably interfering with or delaying the County's contractor. The City shall notify its contractor of such requirement, and shall provide written notice to the County and the County's contractor ten days prior to beginning utility work on site. If the contractor selected by the City unreasonably delays or impacts the County's contractor, the City agrees to defend, indemnify, and hold King County harmless from and against any such unreasonable delay or impact if a claim is presented by the County's contractor, provided the County shall give the City prompt notice of any potential claim as soon as the County has received knowledge thereof. III. CONTRACT ADMINISTRATION A. The County shall provide the Necessary engineering, administrative, inspection, and clerical services necessary for the execution of the work. In providing such services, the County Engineer may exercise all the powers and perform all the duties vested by law in him. B. The City shall furnish an inspector to verify proper compliance with requirements in the contract Plans and Special Provisions while the Contractor is doing the Utility Work. The City's inspector shall perform all usual inspection tasks such as the preparation of the following contract documents: Inspector's Daily Reports, Field Note Records, Force Account Work Sheets, Item Quantity Tickets, As Constructed Drawings, etc. on all the Utility Work. The City inspector shall have the limited authority to communicate with the Contractor on matters regarding contract performance of the Utility Work, provided the City's inspector shall advise the County of any deficiencies in the Utility Work. The City's County's. The City inspector shall have no authority to bind the County to any adjustments in contract time or price for the Project.. The County reserves the right to remove the City's inspector from the project for unsatisfactory performance of his or her duties. The City shall promptly replace such inspector at the County's request. G. The The City shall notify the County, in writing, of any changes it wishes to make in the Plans and Specifications which Specifications that affect the Utility Work.,, which changes shall be made, if feasible.which changes shall be made, if . The 2 County will notify the City of any changes required by the County, which substantially change the nature of the Utility Work and shall obtain the City's approval of such changes, with such approval not being unreasonably withheld by the City. Written notification by the County shall be given to the City prior to the commencement of the work Written notification by the County shall be given to the City prior to This Agreement shall be amended in writing to incorporate changes in the Scope of Work or Cost Estimate. The cost of the change, including administration costs, shall be borne by the party proposing the changes. D. The County shall provide the City with written notice of completion of the Utility Work. The City's inspector shall perform final inspection of the Utility Work. The City shall, within seventy-two (72) hours of its final inspection, provide to the County final acceptance of the Utility Work, or alternatively, provide an itemized and detailed response as to why final acceptance of the Utility Work cannot be given. If the City fails to respond to the County, the City will be deemed to have given final acceptance of the Utility Work within ten (10) calendar days of the City's receipt of the notice of completion of the Utility Work from the County, or on the first date on which the City puts any portion of the utility facilities into operation, whichever occurs first. lowever, the City reserves the right to place a portion of the Utility Work into se I )r to eornpletion of the entire Utility Work associated with the Project, and sueh early use of the utilities shall not waive the City's right to identify defielencies in the Utility Work prior to final aceeptance by the City: Upon final acceptance of the Utility Work, the County shall be relieved of any and all responsibility and/or liability for the Utility Work and the condition of the utility facilities, provided, however, the County shall assign to the City all of the material warranties as defined in section 1-05.10 of the 2002 Standard Specifications for Road, Bridge and Municipal Construction under the Project contract as to the Utility Work. E. The City shall prepare their own set of record drawings for the Utility Work performed County shall provide the Gity with one photocopy of the Gotinty record drawings tha reflect the changes rnade to the design during constructi The City may also request in writing a copy of the record drawings prepared by or for the County on the Project Such record drawings shall includemvts�n the alignment of thle roadway, channelization, landscaping, retaining walls, sidewalks, locations of utilities (including the City's wate, nd sewer flacilitic �, other changes to the feature and appurtenances of the projec . The location of all surface features associated with the City's water • sewer facilities shall be field -surveyed by 3.- - surveying the as constructed loeation of the water and sevver facilities-. The City VV411 use these as built drawings to prepare, at its own expense, its own record set of the water and sewer facilities assoeiated with the Project. City shall be responsible for the Gotinty's surveying costs associated with field IV. PAYMENT A. The City shall reimburse the County for all costs reasonably incurred by the County in performing the utility work, which costs shall include but not be limited to: 1. The contract price, as adjusted by change orders agreed to by the City, to perform the Utility Work; and 2. The County's internal costs incurred during construction of the project (Le-, all engineering, clerical, administrative, materials testing, surveying, and inspection services costs and all payroll additives) directly attributable to the Utility Work. B. In the event the County's contractor uncovers any materials while doing work solely related to completion of the Utility Work agreed upon requiring special handling and/or disposal under any local, state or federal laws or regulations (including, but not limited to, hazardous waste, dangerous waste, toxic waste or contaminated soil) the City will be responsible for all costs incurred in handling and/or disposing of such materials. C. All payments shall be due within 60 days of the billing date, and when due shall accrue simple interest at the rate of one percent per month. V. INDEMNIFICATION AND HOLD HARMLESS A. Each Party hereto agrees to protect, defend and indemnify the other Party, its officers, officials, employees and agents from any and all costs, claims, claims for delay, judgments and/or awards of damages, arising out of or in any way resulting from the Party's default, failure of performance, or negligent conduct associated with this Agreement, by the Party, its employees, subcontractors or agents. B. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. C. Claims shall include, but not be limited to, defects or mistakes in plans, specifications and/or drawings, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. D. In the event either Party incurs any costs including attorney fees to enforce the provisions of this article and prevails in such enforcement action all such costs and fees shall be recoverable from the losing Party. rd E. The provisions of this section shall survive the expiration or earlier termination of this Agreement with regard to any event that occurred prior to or on the date of such expiration or earlier termination. VI. OTHER PROVISIONS A. The County shall retain ownership and usual maintenance responsibility for the road and sidewalk. The City shall retain the rights of exclusive use, regulation, and control of the completed "Utility Work" and full ownership of such Utility Work, including but not limited to, the right to sell, transfer, or assign its rights to any partial interest, subject to the Utility franchise from King County. B. This Agreement contains the entire written agreement of the parties and supersedes all prior discussions. This Agreement may be amended only in writing, signed by the authorized representative(s) for each partybothpartie . C. Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third party. D. Waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of both parties. E. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect if such remainder would then continue to serve the purposes and objectives of the parties. VII. INDEMNIFICATION OF CITY AND INSURANCE A. The County shall require the contractor building the Project to have the City named as an additional insured on all policies of insurance to be maintained by contractor(s) under the terms of any Project contract(s), with the County contractor building the Project required to maintain Commercial General Liability Insurance, Commercial Automobile Insurance and Workers Compensation. B. The County shall require the contractor building the Project to indemnify, defend, and save harmless the City and its officers, agents, or employees from any claim, real or imaginary, filed against the City or its officers, agents, or employees alleging damage or injury arising out of the contractor's participation in the Project. C. The County shall require the contractor building the Project to be solely and completely responsible for safety and safety conditions at the job site, including the safety of all persons and property during performance of the work. The contractor shall comply with all applicable County and State regulations, ordinances, orders, and codes regarding safety. IN CONSIDERATION of the mutual benefit accruing herein, the parties hereto agree that the work as set forth herein will be performed by the County under the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date last written below. KING COUNTY, WASHINGTON Director, Department of Transportation Name (print) Date APPROVED AS TO FORM Deputy Prosecuting Attorney D:IWinword_ContractslContract_ArchiveT11iott _AGR.doc printed 06/26/01 CITY OF REDMOND Mayor Name (print) Date Attested By: City Clerk APPROVED AS TO FORM City Attorney 7 EXHIBIT "A" The ultimate scope of work is the construction of the NE 124th Street Road Improvements, which includes the adjustment of City of Redmond sewer manholes to the final road grade. The agreement product will be the construction of the utility work associated with the adjustment of the manholes. The City shall perform all design services for the utility work, in accordance with all applicable standards after consultation with the County. The final design shall be mutually agreed upon by the County and the City for the utility work and shall be incorporated into the Contract Bid Documents. The final design shall be agreed upon by the parties prior to the County advertising the Contract Bid Documents for the Project.. The County shall incorporate the utility work design into the final plans and specifications for the NE 124th Street project and construct the improvements in accordance with Section III of this Agreement. Utility Work - adjustment of sewer manholes to final grade $22,000.00 County internal costs incurred during construction $3,000.00 $25,000.00 E:3 ELLIOTT BRIDGE THIS AGREEMENT made and entered into by and between King County, Washington, a Municipal Corporation, hereinafter called the "County," and the City of Renton, a Municipal Corporatation, hereinafter called the "Utility." W I T N E S S E T H WHEREAS, the County proposes to proceed with Elliott Bridge, hereinafter referred to as the "Project;" and WHEREAS, the Utility provides sewer service in the general area of the Project in accord with applicable Washington State and King County laws, regulations, and franchises; and WHEREAS, the County and the Utility can achieve cost savings and benefits in the public's interest by performing certain work for the Utility during construction of the Project, namely the installation of sewer mains, services, and appurtenances located within or adjacent to 154"' Place SE, and Elliott Bridge, hereinafter referred to as the "Utility Work". The Scope of Work and Cost Estimate for the Utility Work are attached as Exhibit A. NOW, THEREFORE, it is hereby covenanted and agreed by and between the parties hereto as follows: DESIGN A. The Utility shall, in a timely manner, furnish reproducible construction drawings, special contract provisions and other necessary documents, to become a part of the County plans and specifications for the Project. The County shall notify the Utility of any changes, which must be made to these documents to bring them into conformance with County requirements, which changes shall be promptly made by the Utility. -- -- -- II. BIDDING A. The County shall incorporate the Utility's plans and specification into the Contract Bid Documents as a deductive afterryateseparate schedule in such manner as to allow, to the extent possible, identification of cost allocations between the parties. B. The County shall furnish the Utility with the bid prices for the Utility Work for the Utility's approval. Within two weeks of receiving the bid prices, the Utility shall notify the County in writing that the Utility either approves or rejects their portion of the contract. The County shall not proceed with the Utility Work until the County has received approval from the Utility. If bids are received which, in the estimation of the Utility, are not acceptable for the Utility's portion, the work shall be deleted from the contract. Bid awards shall be made to the lowest responsible bidder for the total project, subject to applicable laws and regulations. C. If the Utility rejects the County's lowest responsible bid, the Utility may select its own contractor to do the Utility Work deemed necessary. In this case, the Utility shall require its contractor to coordinate all utility work located at the project site with the County's contractor, without unreasonably interfering with or delaying the County's contractor. The Utility shall notify its contractor of such requirement, and shall provide written notice to the County and the County's contractor ten days prior to beginning utility work on site. If the contractor selected by the Utility unreasonably delays or impacts the County's contractor, the Utility agrees to defend, indemnify, and hold King County harmless from and against any such unreasonable delay or impact if a claim is presented by the County's contractor, provided the County shall give the Utility prompt notice of any potential claim as soon as the County has received knowledge thereof. III. CONTRACT ADMINISTRATION A. The County shall provide the necessary engineering, administrative, inspection, and clerical services necessary for the execution of the work. In providing such services, the County Engineer may exercise all the powers and perform all the duties vested by law in him. B. The Utility shall furnish an inspector to verify proper compliance with requirements in the contract Plans and Special Provisions while the Contractor is doing the Utility Work. The Utility's inspector shall perform all usual inspection tasks such as the preparation of the following contract documents: Inspector's Daily Reports, Field Note Records, Force Account Work Sheets, Item Quantity Tickets, As Constructed Drawings, etc. on all the Utility's work. The Utility inspector shall have limited authority to communicate with the Contractor on matters regarding contract performance of the Utility's work, provided the Utility's inspector shall advise the County of any deficiencies in the Utility's work. The Utility's inspector shall answer to the County's Chief Inspector. The County reserves the right to remove the Utility's inspector from the project for unsatisfactory performance of his or her duties. The Utility shall promptly replace such inspector at the County's request. C. The Utility shall notify the County, in writing, of any changes it wishes to make in the plans and specifications which affect the Utility Work, which changes shall be made, if feasible. The County will notify the Utility of any changes required by the County, which substantially change the nature of the Utility Work and shall obtain the Utility's approval of such changes. Written notification by the County shall be given to the Utility prior to commencement of the work. This Agreement shall be amended in writing to incorporate changes in the Scope of Work or Cost Estimate. The cost of the change, including administration costs, shall be borne by the party proposing the changes. D. The County shall provide the Utility with written notice of completion of the Utility Work. The Utility's inspector shall perform final inspection of the Utility Work. The Utility shall, within forty-eight (48) hours of its final inspection, provide to the County final acceptance of the Utility Work, or alternatively, provide an itemized and detailed response as to why final acceptance of the Utility Work cannot be given. If the Utility fails to respond to the County, the Utility will be deemed to have given final acceptance of the Utility Work within ten (10) calendar days of the Utility's receipt of the notice of completion of the Utility's work from the County, or on the first date on which the Utility puts any portion of the utility facilities into operation, whichever occurs first. However, the Utility reserves the right to place a portion of the Utility Work into service prior to completion of the entire Utility Work associated with the Project, and such early use of the utilities shall not waive the Utility's right to identify deficiencies in the Utility Work prior to final acceptance by the Utility. Upon final acceptance of the Utility Work, the County shall be relieved of any and all responsibility and/or liability for the Utility Work and the condition of the utility facilities, provided, however, the County shall assign to the Utility all of the material warranties as defined in section 1-05.10 2 of the 2002 Standard Specifications for Road, Bridge and Municipal Construction under the Project contract as to the Utility's work. The County, after final acceptance of the utility work, shall assign to the utility any and all contract rights and claims that the County has against the contractor, as those rights relate to the construction done for the utility under this agreement. E. Within one (1) month of the completion of construction activities, the County shall provide the Utility with one photocopy of the County record drawings that reflect the changes made to the design during construction. Such record drawings shall include revisions in the alignment of the roadway, channelization, landscaping, retaining walls, sidewalks, locations of utilities (including the Utility's water and -sewer facilities), and other changes to the features and appurtenances of the project. The location of all surface features associated with the Utility's wed sewer facilities shall be field -surveyed by the County's surveyor, and the actual constructed locations shall be provided to the District. During field-surveyedconstruction the locations Ul bends in the waterlines shall be The Utility shall be responsible for the County's surveying costs associated with field -surveying the as -constructed location of the water and sewer facilities. The Utility will use these as built drawings to prepare, at its own expense, its own record set of the waterandsewer facilities associated with the Project. A. The Utility shall reimburse the County for all costs reasonably incurred by the County in performing the utility work, which costs shall include but not be limited to: The contract price, as adjusted by change orders agreed to by the Utility, to perform the Utility Work; and The County's internal costs incurred during construction of the project (i.e., all engineering, clerical, administrative, materials testing, surveying, and inspection services costs and all payroll additives) directly attributable to the Utility Work. The maximum amount payable under this agreement shall not exceed $?, except as amended due to additional work requested by the utility. B. The County shall be responsible for all costs associated with sewer facilities that are added to the Project at the County's request, as defined in Exhibit A. C. In the event the County's contractor uncovers any materials while doing work solely related to completion of the Utility Work agreed upon requiring special handling and/or disposal under any local, state or federal laws or regulations (including, but not limited to, hazardous waste, dangerous waste, toxic waste or contaminated soil) the Utility will be responsible for all costs incurred in handling and/or disposing of such materials. D. All payments shall be due within 30 days of the billing date, and when due shall accrue simple interest at the rate ic percent per equal to the rate the County is currently earning on its investment income. V. INDEMNIFICATION AND HOLD HARMLESS A. Each Party hereto agrees to protect, defend and indemnify the other Party, its officers, officials, employees and agents from any and all costs, claims, claims for delay, judgments and/or awards of damages, arising out of or in any way resulting from the Party's default, failure of performance, or negligent conduct associated with this Agreement, by the Party, its employees, subcontractors or 3 agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. B. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. C. Claims shall include, but not be limited to, defects or mistakes in plans, specifications and/or drawings, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. D. In the event either Party incurs any costs including attorney fees to enforce the provisions of this article and prevails in such enforcement action all such costs and fees shall be recoverable from the losing Party. E. The provisions of this section shall survive the expiration or earlier termination of this Agreement with regard to any event that occurred prior to or on the date of such expiration or earlier termination. VI. OTHER PROVISIONS A. The County shall retain ownership and usual maintenance responsibility for the road and sidewalk. The Utility shall retain the rights of exclusive use, regulation, and control of the completed "Utility Work" and full ownership of such Utility Work, including but not limited to, the right to sell, transfer, or assign its rights to any partial interest, subject to the Utility franchise from King County. B. This Agreement contains the entire written agreement of the parties and supersedes all prior discussions. This Agreement may be amended only in writing, signed by both parties. C. Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third parry. D. Waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of both parties. E. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect if such remainder would then continue to sere the purposes and objectives of the parties. VII. INDEMNIFICATION OF UTILITY AND INSURANCE A. The County shall require the contractor building the Project to have the Utility named as an additional insured on all policies of insurance to be maintained by contractor(s) under the terms of any Project contract(s), with the County contractor building the Project required to maintain Commercial General Liability Insurance, Commercial Automobile Insurance and Workers Compensation. B. The County shall require the contractor building the Project to indemnify, defend, and save harmless the Utility and its officers, agents, or employees from any claim, real or imaginary, filed against the Utility or El its officers, agents, or employees alleging damage or injury arising out of the contractor's participation in the Project. C. The County shall contractually require the contractor building the Project to be solely and completely responsible for safety and safety conditions at the job site, including the safety of all persons and property during performance of the work. The contractor shall be contractually required to comply with all applicable County and State regulations, ordinances, orders, and codes regarding safety. IN CONSIDERATION of the mutual benefit accruing herein, the parties hereto agree that the work as set forth herein will be performed by the County under the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date last written below. KING COUNTY, WASHINGTON Director Department of Transportation Date APPROVED AS TO FORM Deputy Prosecuting Attorney DAWinword_ContractslContract_ArchivelElliott _AGR.doc printed 06/26/02 CITY OF RENTON ManagerJesse Tanner, Mayor Date • • WATA1IM 01 b�LWMAW l SIX Utility's AttorneyBonnie 1. Walton, City Clerk APPROVEDAS TO FORM Larry Warren, CityAttorney „ R CITY OF RENTON ..LL Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM To: Gregg Zimmerman, PBPW Administrator From: Lawrence J. Warren, City Attorney Date: December 18, 2002 Subject: Interlocal Agreement for the Elliott Bridge Sewer Crossing 'E : ATY'Or- RENTON 9TI1 4T`t SYS T EMS By memo dated December 13, 2002, you have asked for some sample language to be used in Section IIID of the agreement related to the County assigning its contract rights, as they relate to sewer construction to the City. I would suggest the following language: "The County, after final acceptance of the utility work, shall assign to the utility any and all contract rights and claims that the County has against the contractor, as those rights relate to construction done for utility under this agreement” 1 hope this is of assistance. Lawrence J. Warren LJW:tmj cc: Jay Covington Dave Christensen T10.37:44 Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE David Christensen Re FW elliott bnd e a reeme9t exam le for the cq of Renton _ page! 9 g P �!.. From: David Christensen To: Larry, Jaramillo, Date: 12/30/02 8:44AM Subject: Re: FW: elliott bridge - agreement example for the city of Renton Larry, The City has reviewed the draft Utility Agreement and I have attached a revised version based upon staff input as well as City Attorney review. Please let me know if these modifications are acceptable to the County. The following is a list of the changes, with explanation: Section IB - The City is requesting this section be removed. As the City is the sewer provider to this area, the City should determine its cope and need for its facilities. Section IIA - The City is leery of deductive alternates and would prefer the language of separate schedule in this section. Section HID - The City has added language regarding the County assigning its contract rights, as they relate to the sewer construction, to the City. Section IIIE - All references to water have been stricken, as this agreement pertains to sewer only. Section IVA - We have added language to identify the maximum amount due based upon this agreement. Section IVD - The City does not agree that we would owe 1 % interest per month as this rate is far greater than the County would accrue. We have amended the language to be equal to the amount of investment interest that the County earns. Section VA & B - This revision was formatting only. Section VIIC - The City added "contractually" to the first line and "be contractually required to" to the second line. Signature Block - This has been amended to reflect whom the City would have sign this agreement. Thanks, Dave Christensen >>> "Jaramillo, Larry" <Larry.Jaramillo@METROKC.GOV> 06/26/02 09:42AM >>> Dave, Per your request, attached is the draft Utility Agreement between King County and the City of Renton for the sewer work associated with the Elliott Bridge project. Please review and provide any feedback you have. FYI - ABKJ, our consultant, may also be contacting you to schedule a utility coordination meeting next month. Larry Jaramillo Engineer III Department of Transportation Road Services Division Capital Projects Engineering Unit Phone 206.205.5230 Ea ld y hristensen Re: FW: ellinton page oR2 Fax 206.296.8754 > -----Original Message----- • From: Fisher, Earl > Sent: Wednesday, June 26, 2002 8:41 AM > To: Jaramillo, Larry > Subject: elliott bridge - agreement example for the city of Renton > Larry, a copy of the utility agreement for use with the City of Renton. > <<elliott Br.doc>>