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HomeMy WebLinkAboutWWP272986(3)Kathy Keolker, Mayor May 26, 2006 Larry Jaramillo King County Department of Transportation 201 South Jackson Street Seattle, WA 98104 CITY OF RENTON PlanningBuilding/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: ELLIOTT BRIDGE #3166 REPLACEMENT: CITY OF RENTON FINAL ACCEPTANCE Dear Mr. Jaramillo: This letter shall serve as the City of Renton's final acceptance of the sewer portion of the Elliott Bridge #3166 Replacement project. The City's Maintenance Division has inspected the sanitary sewer system and found it to be in acceptable condition. Thank you and the rest of the King County staff that made the bridge project a great success. Sincerely, ohn Hobson Wastewater Utility Engineer HAFile Sys\W WP - WastcWatcr\W WP-27-2986 Elliott Bridge Sanitary SewerTinal Acceptance docVHtp RENTON 1055 South Grady Way - Renton, Washington 98055 This paper contains 50 %recycled material, 30 %post consumer AHEAD OF THE CURVE W. 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J 4A (� V 0o.m �> 4n (11 69 (l100NN:tlp 69 N 69 toIN O N 4A 4A > 4A 4A fA 69 N 4A VI N j 69W M y� H 4n n5n EA > (0 69 fA A00 M W N Av N W �> 4A > N 00 Cna A W 4A 69 > D OO D1 00 (0 000 0 w (m w W Un V O (1100N S N O O W f00 T V1O N W(0W � -4 V1O(lImA00� W N 01 W O co WOO Ot V100 0 0 D/ (n V Vf O O A S SOO O O O N W N O0000WooVO O O000 0 0 0 0 0 S S S O coo O0 S 0 0 O N O S 00000OOON O O S S O S S S OO S S N S S 0000000 S S S 8 O 9 9 S o S O N Ol S e OS S n KING COUNTY Wastewater Treatment Division Department of Natural Resources and Parks 201 S. Jackson Street KSC-NR-0508 Seattle, Washington 98104-3855 (206)684-1707 Al 106 32.04-20 March 8, 2004 Dave Chrintensen c City of Renton �ECE[VED Public Works Department 1055 South Grady Way MAY 5 e ,�004 Renton, WA 98055 uOssTONr Subject: Central Plateau Interceptor — Phase 1 Direct Connection to K.C. Cedar River Trunk, Section 4 Dear Mr. Christensen, Review of construction plans in accordance with the terms of King County Code 28.84.050 has been completed for the above, submitted project. Plans are hereby approved subject to the following: 1. Mr. Eric Davison of this office (206/684-1707) shall notified at least two (2) working days prior to construction in the vicinity of King County's Cedar River Trunk, Section 4. 2. King County does not guarantee pipe location, diameter or invert elevation; therefore, field verification is recommended prior to construction. 3. Manhole R10-52 shall be unloaded all around or structurally supported during construction to avoid unbalanced soils loading. 4. Plans for dewatering adjacent to King County facilities shall be submitted to Mr. Eric Davison for King County review and approval at least five days prior to construction. During construction, no debris shall be allowed to enter King County's Cedar River Trunk, Section 4. 6. Connection to the Cedar River Trunk, Section 4 shall not be backfilled until it has been inspected and approved by a King County Representative. 7. The proposed 495 min (OD) outside drop connection shall enter the manhole matching its crown with the crown of the Cedar River Trunk, Section 4, as shown on drawing SEW-7. Dave Chrintensen May 3, 2004 Page Two 8. Proposed 495 mm (OD) outside drop connection to the Cedar River Trunk, Section 4 shall be made by core drilling and use of a Kor-N-Seal Boot as distributed by Hanson Pipe Products, 4601 South Orchard, Tacoma, Washington 98466. Telephone (800) 922-5338. 9. The connection shall be plugged and not be put into service until the tributary system has been cleaned, inspected, tested and approved by the City of Renton. In accordance with King County's Rules and Regulations, it is requested that the County be furnished with a copy of the "Contractor's Notice to Proceed" and, upon completion of the project, with a copy of the test results. Very truly yours, acw�v Eric Davison Local Public Agency Administrator ED:ld Cc: Washington State Department of Ecology Larry Jaramillo — K.C. Roads r i~ �77 - APR 3 0 2004 King County DNrr-s`t FORM OF CERTIFICATION OF CONSISTENCY Asset Mgrnt Section WITH LAND USE PLANS AND POLICIES MUNICIPALITY OF METROPOLITAN SEATTLE (METRO) IT IS HEREBY CERTIFIED BY at the public sewerage facilities proposed to be constructed by or on behalf of , _ ��,f` as an extension or connection to an existing Metro Interceptor or Trunk, generally as described on the attached Exhibit A, are consistent with the adopted lar._d use plans and policies of this jurisdiction. Action on the application for certification must be deferred pending receipt by this jurisdiction of the following information: (specify information which may be reasonably required) �It has been.determined that the proposed service and con- stru�_zion is inconsistent._with the adopted land use plans and policies of.this jurisdiction and therefore certification is not provided.. The following reasons are submitted: Lam•'' ��/ Title EXHIBIT A APPLICATION FORM FOR REQUESTING SEWAGE DISPOSAL SERVICE FROM THE MUNICIPALITY OF METROPOLITAN SEATTLE (METRO) Application: This form applies only to requests for extensions of or connections to existing Metro Interceptor or Trunks. Description: Provide a description of the proposed project, its location and the timing of extension or connection. (A map must be provided illustrating the boundaries of political jurisdictions potentially affected by the size and/or location of the requested service.) • y 4 J. .MR 106th Ax SE '---�•^-- �—�` 5 Crant \< f ��.5 .v, f. � � � a i`.rj.'J. E .. �'r,�y i�,•+ {. "'L iv it \ ��;r�,� $ �o''r•.ov'�! ' ' I : ' S,` '. ;s i}\Y. � i .x f a o if`..{.a :,F.. 12 .. .• tY F ` o F. �"<A'< !yy<.. Y'j�` �.. S.7yN J� ✓ �.Yri s b Y Or 169th Am SE ® wo L c VSth An SE �, A■O i _9, •11N as �- CITY OF RENTON Planning/Buildin&ublicWorks Department Kathy (Ceolker-wheeler, Mayor Gregg Zimmerman P.E., Administrator May 7, 2004 Rick Brater, P.E. Engineering Services Section Manager King County Road Services Section 201 South Jackson Street, Suite 200 COPY Seattle, WA 98104 SUBJECT: ELLIOTT BRIDGE #3166 REPLACEMENT RENTON SEWER EXTENSION BID ACCEPTANCE Dear Mr. Brater: This letter shall serve as the City's formal acceptance of the bid and associated costs for the sewer installation as part of the Elliott Bridge #3166 Replacement project in the total amount of $309,927.24. This acceptance letter is in accordance with your letter dated May 5, 2004, as well as with our interlocal agreement signed by both the City and the County for this work. I would like to thank you and your staff for the coordination of this work effort with the City. By partnering in this work, we assure that we minimize the impacts to those affected by the work while at the same time assuring that our rate payers are getting the best product at the most cost effective rate. The City's project manager for this work is John Hobson, who can be reached at (425) 430-7269 if you or your staff has an uestions. We will also be utilizing PACE Engineering to assist us in the const n phas thi ork. a f)rv-id M. C4xistd-m Wastewater Utility cc: John Hobson Brian Vanderberg, Pace Engineering H:\File Sys\WWP - WasteWater\WWP-27-2986 Elliott Bridge Sanitary Sewer\KC_Letter_0l.doc\DMCtp 1055 South Grady Way -Renton, Washington 98055 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF -THE. CURVE King County Road Services Division Department ofTransportation 201 South Jackson Street Seattle, WA 98104-3856 May 5, 2004 Dave Christensen City of Renton 1055 South Grady Way, 5' Floor Renton, WA 98055 Dear Mr. Christensen: You are hereby notified that King County has opened bids on the Elliott Bridge #3166 Replacement project and intends to award the contract to the apparent low bidder, Pacific Road & Bridge Co., for $8,330,588.85. King County is processing the contract documents for this project and will execute a contract as soon as possible. The Contractor bid amount for the City of Renton's portion of the work is $237,383.00. State sales tax at 8.8 percent is $20,889.70. The King County administration cost of 20 percent is $51,654.54. The City of Renton's total cost is $309,927.24. Attached is a summary breakdown of the Engineer's estimate and contract bid amount. Please review the Utility's portion of the bid documents for accuracy and costs. Within ten days of receiving this letter the Utility shall notify the County in writing that the Utility either approves or rejects their portion of the contract. The County will not proceed with the Utility Work until the County has received written approval or rejection of the apparent low bidder's bid prices for the work from the Utility. King County will be setting up a preconstruction meeting with prime contractor and utility companies concerning their facilities within the project limits. The time and location for the meeting will be announced under a separate letter. Please plan to attend this meeting. If you have any questions regarding the content of this letter, please feel free to contact Larry Jaramillo, Project Manager at 206-205-5230 or Earl Fisher, Senior Engineer at 206-296-6576. 4Si cerely, 6VL Rick rater, P.E. Manager Engineering Services Section RB:EF Jes Enclosure g�c9 Dave Christensen May 5, 2004 Page 2 cc: Larry Jaramillo, Project Manager, Project Management and Design Unit Earl Fisher, Senior Engineer, Construction Contract FORM OF CERTIFICATION OF CONSISTENCY WITH LAND USE PLANS AND POLICIES MUNICIPALITY OF METROPOLITAN SEATTLE (METRO) IT IS HEREBY CERTIFIED BY that the public sewerage proposed to be constructed by or on behalf of ,�� %` as an extension or connection to an existing Metro Interceptor or Trunk, generally as described on the attached Exhibit A, are consistent with the adopted land use plans and policies of this jurisdiction. Action on the application for certification must be deferred pending receipt by this jurisdiction of the following information: (specify information which may be reasonably required) �It has been.determined that the proposed service and con- stru�_-cion is inconsistent..with the adopted land use plans and policies of.this jurisdiction and therefore certification is not provided.. The:fol3owing reasons are submitted: Title _. EXHIBIT A APPLICATION FORM FOR REQUESTING SEWAGE DISPOSAL SERVICE FROM THE MUNICIPALITY OF METROPOLITAN SEATTLE (METRO) Application: This form applies only to requests for extensions of or connections to existing Metro Interceptor or Trunks. Description: Provide a description of the proposed project, its location and the timing of extension or connection. (A map must be provided illustrating the boundaries of political jurisdictions potentially affected by the size and/or location of the requested_ service.) { ir{ � 7 jf4 i b i \ i A?' ;; aryei , .ix•;� r s �ti 1 1081h Ave SE. ' n ° .y > ,v > .na : � r r � r � � '1• v*v `S3 h y, '� h � A Grant � - "c � � Y y.,: N ' �'rZ�c's4° ����' s�•i^ R ?'t"� , fv 4 X' � 4 1'rvT•"1. Z r t c .+.•ii s o.r.\1 � � y g � � . .:: i�t�rt�X .s}i s\:.`i J�, �i4 v� \_ t .,,} �. ',S•a } ° rTtlri a��„ �7c � r > �} tJiivk �>iP.'ii�Y3:ii� �'• .,� P �l > � s'' dl . s /` < L r� s Q } A \.k ;4+.r'`\'', %..<Yy n.�J,�\c �'�r r� w ,,� ��Y9 sT!•,. J f�,"'*' Y v >'e* rLBr . ills Ave :�.r:r`� .��� n••.�'` "1�.;r•fi;'y.1 si� �, � � � . ._ .. f �. , _ _ .. ... ., . , - .. .. : •vy,•:v�.�",'gifiy;urrr"ir ik.rcr'' i; h"'� S c . r;:, Xi .t4i. . ', `4.. �., x �ry+s.�f'..4iwi. ''''i• ,� r Y y � < :u ✓Y�3 !'�l.a ..'�' � �t.: s �= �y. �<.v lit .. .\ �... !�;y 0 iowv 4 . 1 r 184th Ave i85th Aqk 186 Pi ,SE S i /88th Ave SE In �q 190tr h Ara SEA 3 a l 1 1 IIII111 I IIII 160 t.. i 16 ' ,7. • �'ir'a' ry. f. I SE is ISO 175th A. SE ,L,v'•�' i 177th Acre SE S ci rn N - 184th Ave SE 0 HIM King County Road Services Division Department of Transportation KSC-TR-0231 201 South Jackson Street Seattle, WA 98104-3856 June 2, 2003 Dave Christensen City of Renton 1055 South Grady Way, 5th Floor Renton WA 98055 [c 11011 :rG-- ; Dear Mr. Christensen: RECEIVED JUN 4 2003 CITY OF RENTON UTILITY SYSTEMS Enclosed for your records is a fully executed agreement between King County and the City of Renton for the Elliott Bridge #3166 Replacement project. If you have any questions, please contact me at 296-6576. Sincerely, Earl Fisher Senior Utilities Engineer Construction Services Group EF: WPAforms\L57 Enclosure EXHIBIT "A" SCOPE OF WORK: The 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. The County shall incorporate the utility work design into the final plans and specifications for the Elliott Bridge #3166 Replacement project and construct the improvements in accordance with Section III of this Agreement. COST ESTIMATE` This cost estimate represents an engineering estimate. Actual costs will be determined upon completion of bidding process and acceptance of contract amount by the City. County internal costs shall not exceed 20% of the actual final costs agreed to by the City of Renton. STD, STD SP, Bid SEW or Item UNIT RELOC GSP # ITEM DESCRIPTION UNIT UNITUNIT QTY COST . COST DRAINAGE STD 7006 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.M. C.M. C.M. 1000 $6 $6,000 STD 7008 SHORING OR EXTRA EXCAVATION CLASS B S.M. S.M. S.M. 1636 $8 $13,088 STD 1086QUARRY SPALLS TON TON TON 100 $20 $2,000 SANITARY SEWER STD 3652TESTING SEWER PIPE M M M 750 $4 $3,000 REMOVAL AND REPLACEMENT_ OF UNSUITABLE MATERIAL C.M. C.M. C.M. 50 $50 $2,500 SP - DROP CONNECTION EA. E.A. E.A. 1 $5,000 $5,000 SP - SANITARY SEWER MANHOLE, 1500 MM DIAM EA. E.A. E.A. 1 $4,000 $4,000 SP - SANITARY SEWER MANHOLE, 1200 MM DIAM EA. E.A. E.A. 7 $3,000 $21,000 SP - PVC SEWER PIPE 450 MM DIAM. M M M 446 $200 $89,200 SP - HDPE SEWER PIPE, 508MM O.D., SDR 26 M M M 149 $225 $33,525 SP - STEEL CASING PIPE 610 MM DIAM M M M 160 $250 $40,000 SP - City of Renton Share of Mobilization Cost L. S. M M 1 $30,000 $30,000 SP - City of Renton Share of Traffic Control (not included at this time) HR. HR. HR. 285 $35 $9,975 SEWER CONSTRUCTIONSUBTOTAL $259,288 8.8% Sales Tax $22,817 SUBTOTAL $282,105 20% County Internal Costs Maximum $56,421 TOTAL SAN. SEWER COST $338,526 n The County's internal costs shall not exceed 20% of the actual contract amount at time of contract execution and such contract amount as may be amended by mutually agreed upon contract change orders. I �1�0 Jesse Tanner, Mayor April 25, 2003 Earl Fisher King County Road Services Division 201 South Jackson Street, KSC-TR-0231 Seattle, WA 98104-3856 CITY OF RENTON Planninouilding/PublicWorks Department Gregg Zimmerman P.E., Administrator SUBJECT: INTERLOCAL AGREEMENT FOR ELLIOTT BRIDGE #3166 Dear Mr. Fisher: Attached you will find two originals of the interlocal agreement between the City and King County regarding inclusion of our sewer work in the bridge replacement project. Please complete the execution by your folks and return one original to the City, care of my attention, for our records. I look forward to working with the County on this project and appreciate all of your assistance on e contact me at (425) 430-7212. cc: Enclosures \\DAEDALUS\SYS2\SHARED\File Sys\WWP - WasteWater\WWP-03-0000 Correspondance - Wastewater\davec\Elliott Bridee KC Letter2.doc\If 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE Y ♦ - a � )-+-, CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: April 23, 2003 TO: Dave Christensen, x7212 FROM: Rita Andrew, x6513 SUBJECT: CAG-03-062 — Elliott Bridge #3166 Replacement R8C,61V ® APR E c� 4 ?003 � 0P/b7ysRs EM N s As requested in your memorandum, the attached document has been signed by City officials and is being returned to you for execution by other parties. When fully executed and returned to you, please return a signed copy of the document to the Clerk's office for our permanent record file. Thank you. Enclosures: (2) King County Road Services Division Department of Transportation KSC-TR-0231 South Jackson Street Sea RECEIVED Seattle, WA 98104-3856 MAR 2 7 2003 CITY OF RENTON UTILITY SYSTEMS March 25, 2003 Dave Christensen City of Renton 1055 South Grady Way, 5tn Floor Renton WA 98055 Dear Mr. Christensen Please find enclosed two copies of an agreement between King County Department of Transportation, Road Services Division and the City of Renton. The agreement is to include utility work in the Elliott Bridge #3166 Replacement Contract. Please sign the both copies of the agreement and return it to me. A copy of the fully executed agreement will be returned for your record keeping. If you have any questions, please call me at 296-6576. Sincerely, Earl Fisher Senior Utilities Engineer Construction Services EF: WP:f6nns\L57..pf D, d.&Js.1en 5160-Ilid RECEIVED CITY OF RENTON, WASHINGTON APR 2 3 2003 RESOLUTION NO. 3629 CITY OF RENTON UTILITY SYSTEMS A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY RELATED TO THE CONSTRUCTION OF THE CENTRAL PLATEAU INTERCEPTOR AS PART OF THE KING COUNTY ELLIOTT BRIDGE #3166 REPLACEMENT. WHEREAS, the City of Renton has a capital improvement project known as the Central Plateau Interceptor; and WHEREAS, King County has a capital improvement project known as the Elliott Bridge #3166 Replacement; and WHEREAS, King County has agreed to include the City's capital improvement work as part of its capital improvement project; and WHEREAS, the City will incur cost savings by combining its capital improvement project with King County, and the general public will benefit by the combination of these two projects; and WHEREAS, it is in the public interest for the parties herein to enter into an agreement to provide for the inclusion of the Central Plateau Interceptor project as part of King County's Elliott Bridge #3166 Replacement project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. RESOLUTION NO. 3629 SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with King County allowing for the inclusion of the Central Plateau Interceptor project as part of King County's Elliott Bridge #3166 Replacement project. PASSED BY THE CITY COUNCIL this 215t day of April , 2003. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 21 s t zay of April Approve as to form: z Q� Lawrence J. Warren, City Attorney RES.975:4/14/03:ma Jesse OYanner, Mayor 2003. 2 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: April 22, 2003 TO: Bonnie Walton FROM: Dave Christen SUBJECT: King County Interlocal Agreement Central Plateau Interceptor/Elliott Bridge #3166 Attached are the two original interlocal agreements for execution by the Mayor. Also included are the checklist and accompanying documentation requested. Once signed please return both originals to me and I will send them to King County for their signature. The County will then return one original two me for return to your files. Please let me know if you have any questions, Dave C., x-7212. Enclosures Documen0cor t CITY OF RENTON „LLR Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM RECEIVED To: Dave Christensen, PBPW APR 14 2003 From: Lawrence J. Warren, City Attorney CITY OF RENTON UTILITY SYSTEMS Date: April 14, 2003 Subject: Resolution for King County Interlocal Agreement for Elliott Bridge #3166 project I have enclosed a copy of the above -mentioned Clerk. LJW:ma. Enc. cc: Jay Covington Bonnie I. Walton resolution. The original has been sent to the City Lawrence J. Warren 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, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH KING COUNTY RELATED TO THE CONSTRUCTION OF THE CENTRAL PLATEAU INTERCEPTOR AS PART OF THE KING COUNTY ELLIOTT BRIDGE #3166 REPLACEMENT. WHEREAS, the City of Renton has a capital improvement project known as the Central Plateau Interceptor; and WHEREAS, King County has a capital improvement project known as the Elliott Bridge #3166 Replacement; and WHEREAS, King County has agreed to include the City's capital improvement work as part of its capital improvement project; and WHEREAS, the City will incur cost savings by combining its capital improvement project with King County, and the general public will benefit by the combination of these two projects; and WHEREAS, it is in the public interest for the parties herein to enter into an agreement to provide for the inclusion of the Central Plateau Interceptor project as part of King County's Elliott Bridge #3166 Replacement project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION Il. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with King County allowing for the inclusion of the Central Plateau Interceptor project as part of King County's Elliott Bridge #3166 Replacement project. PASSED BY THE CITY COUNCIL this day of APPROVED BY THE MAYOR this Approved as to form: Lawrence J. Warren, City Attorney RES.975:4/14/03:ma Bonnie I. Walton, City Clerk day of Jesse Tanner, Mayor 2003. 2003. 2 AGENDA BILL SCHEDULE AGENDA BILL TITLE 1Z j C&J----, Ck&AO L VY% PREPARED BY: "Zawj/ Extension: L4 - y -0 3 U-N-o3 L/ 4 .6 3 Lt'lq- 03 �- i-7-6 5 GREGG'S SIGNATURE TRANSMIT TO CLERK (Done by JAY'S AGENDA BILL MEETING: 10 am - 7th floor COUNCIL MEETING DATE Referred to U Committee COMMITTEE MEETING DATE (fie Committee Report) t6 COMMITTEE lhl� Time: 3 66 Place: -7 Q y C61) in 0j CJ'Y�.� rA � �� V COUNCIL MEETVgG REPORTED OUT AB-SCMf CITY OF RENTON COUNCIL AGENDA BILL Al N: I Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division Aril 14, 2003 Agenda Status Staff Contact...... Dave Christensen, x-7212 Consent .............. X Public Hearing.. cw..-� C 4 Subject: Interlocal Agreement with King County Correspondence.. r ^ zF - q Central Plateau Interceptor/Elliot Bridge 3166 Ordinance ............. Replacement Resolution. a New Business....... 7 Exhibits: Issue Paper Study Sessions...... bu G Draft Resolution Information......... _ Interlocal Agreement OT Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... X Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: As part of the County's construction of the Elliott Bridge Replacement, the City will be installing a new 18-inch sewer interceptor known as the Central Plateau Interceptor. In order for the County to include this work within their project, the City and County need to enter into an interlocal agreement. STAFF RECOMMENDATION: The Planning/Building/Public Works Department recommends that Council authorize the Mayor and City Clerk to execute the interlocal agreement for the City's inclusion of the Central Plateau Interceptor work as part of the County's Elliott Bridge #3166 Replacement project. It is further recommended that Council pass the resolution authorizing the execution of the interlocal agreement. \\DAEDALUS\SYS2\SHARED\Fi1e Sys\WWP - WasteWater\WWP-03-0000 Correspondance - Wastewater\davec\Elliott Bridge_AB.doc\DMC:If It CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: April 4, 2003 TO: Kathy Keolker-Wheeler, Council President Members of the Renton City Councilig - VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman, Administrator 4�f� STAFF CONTACT: Dave Christensen, x-7212 SUBJECT: Interlocal Agreement with King County Central Plateau Interceptor/Elliot Bridge #3166 Replacement ISSUE: As part of the County's construction of the Elliott Bridge Replacement, the City will be installing a new 18-inch sewer interceptor known as the Central Plateau Interceptor. In order for the County to include this work within their project, the City and County need to enter into an interlocal agreement. RECOMMENDATION: • The Planning/Building/Public Works Department recommends that Council authorize the Mayor and City Clerk to execute the interlocal agreement for the City's inclusion of the Central Plateau Interceptor work as part of the County's Elliott Bridge #3166 Replacement project. • It is further recommended that Council pass the resolution authorizing the execution of the interlocal agreement. BACKGROUND SUMMARY: The Central Plateau Interceptor project is part of the City's 1998 Long -Range Wastewater Management Plan. As part of the 2003 Capital Improvement Plan, this project was approved for design and construction for 2003. We have budgeted $1,000,000 for this effort and have estimated that the construction portion of the work will be approximately $600,000 and the engineering services, including construction, will be $150,000. The remainder will be held at this time to cover any unanticipated contingencies. April 4, 2003 Page 2 The interlocal agreement covers roles and responsibilities for both the County and the City and outlines our cost participation for their staff. This document has been reviewed and approved by the City Attorney and meets all needs identified by staff. CONCLUSION: Combining the City portion of the work with the County's project is anticipated to provide significant savings to the City. This is primarily due to anticipated costs with hanging the new sewer line across the new bridge. It is far more cost effective to perform this work as part of the bridge construction itself versus construction after completion of the bridge project. H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondance - Wastewater\davec\Elliott_Bridge_Issue. doc\DMC:lf QTV U�UN-CIL Date--q 21 U 03 UTILITIES COMMITTEE COMMITTEE REPORT April 21, 2003 INTERLOCAL AGREEMENT WITH KING COUNTY CENTRAL PLATEAU INTERCEPTOR/ELLIOTT BRIDGE 3166 REPLACEMENT (Referred April 14, 2003) The Utilities Committee recommends concurrence in Staff s recommendation that Council authorize the Mayor and City Clerk to execute the interlocal agreement for the City's inclusion of the Central Plateau Interceptor work as part of the County's Elliott Bridge #3166 Replacement project. It is further recommended that Council pass the resolution authorizing the execution of the interlocal agreement. „ y Corman`, Chair Terri Briere, ice Chair Dan Clawson, Member cc: Lys Hornsby Dave Christensen 1:\CONDAME\Reports\Utilities\ElliottBrdg. rpt. doc\DMC:lf "'OR y ,� CITY OF RENTON P; ' Office of the City Attorney J e Tanner, Mayor Lawrence J. Warren RECEIVED MAR 112093 CITY OF RE MEMORANDUM pMUauC WORKS q MItq To: Gregg Zimmerman, PBPW Administrator From: Lawrence J. Warren, City Attorney RECEIVED Date: March 10, 2003 MAR 12 2W3 Subject: Interlocal Agreement for the Elliott Bridge Sewer Project CITY OF RENTON UTILITY SYSTEMS The changes to the language are fine, except that the cost e d to be tied down in Exhibit A. Lawrence J. arren LJW:tmj cc: Jay Covington Dave Christensen 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 PLANNING/BUILDING/PUBLIC MEMORANDUM WORKS DATE: March 6, 2003 C(iU�.Ci TO: Larry Warren, City Attorney FROM: Gregg Zimmerman, Administrator i p----- — STAFF CONTACT: Dave Christensen, X-7212 SUBJECT: Interlocal Agreement for the Elliott Bridge Sewer Project Attached you will find the County's latest proposed revisions. They reviewed our previous submittal and, while not amending anything that we last proposed, they did amend their language and add more as well. Our review of the language is fine from a project management perspective. Please review and let us know if you agree with this language. The following is our input to each revision: Section I -A: Additional language is fine. Section II -A: No change. Section II-B: Language change is acceptable, actually increases flexibility for City. Section II-C: Minor language change fine. Section III-B: Changing special provisions to specifications is more specific and appropriate. Section III-C: Changes provide clarification. We see no problems. Section IV-C: This section has gone back and forth a couple of times. Based upon language of 45 days from billing date we feel comfortable that we can meet that timeline. Section VI TERMINATION: This is a new section. Part A appears to be standard language. Part B is potentially a problem, but we do have our financing secure for this project plus a significant contingency as we have scaled back the overall aspect of this project. As such, we do not have any significant concerns with meeting this provision. Section VI OTHER PROVISIONS: This obviously needs to be renumbered to VII. Part F. covers record keeping responsibilities. We do not feel that they are asking for anything more than we already perform as a normal course of business. Part G covers dispute resolution similar to how we have agreed to in the past and is acceptable to us. Part H is your call as to whether it is acceptable. Exhibit "A": We are currently working with the County folks to get this into a more complete format. It is our intent to keep the language regarding limiting the County on their administrative costs to the City. Please let us know whether you concur that the County's language changes are acceptable. Enclosure \\DAEDALUS\SYS2\SHARED\File Sys\WWP - WasteWater\WWP-03-0000 Correspondance - W astewater\davec\Elliott_Bridge_Larry_Memo3.doc\lf CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 6, 2003 TO: Larry Warren, City Attorney FROM: Gregg ZimmerinfK ttadministrator STAFF CONTACT: Dave Christensen, X-7212 SUBJECT: Interlocal Agreement for the Elliott Bridge Sewer Project Attached you will find the County's latest proposed revisions. They reviewed our previous submittal and, while not amending anything that we last proposed, they did amend their language and add more as well. Our review of the language is fine from a project management perspective. Please review and let us know if you agree with this language. The following is our input to each revision: Section I -A: Additional language is fine. Section II -A: No change. Section II-B: Language change is acceptable, actually increases flexibility for City. Section II-C: Minor language change fine. Section III-B: Changing special provisions to specifications is more specific and appropriate. Section III-C: Changes provide clarification. We see no problems. Section IV-C: This section has gone back and forth a couple of times. Based upon language of 45 days from billing date we feel comfortable that we can meet that timeline. Section VI TERMINATION: This is a new section. Part A appears to be standard language. Part B is potentially a problem, but we do have our financing secure for this project plus a significant contingency as we have scaled back the overall aspect of this project. As such, we do not have any significant concerns with meeting this provision. Section VI OTHER PROVISIONS: This obviously needs to be renumbered to VII. Part F. covers record keeping responsibilities. We do not feel that they are asking for anything more than we already perform as a normal course of business. Part G covers dispute resolution similar to how we have agreed to in the past and is acceptable to us. Part H is your call as to whether it is acceptable. Exhibit "A": We are currently working with the County folks to get this into a more complete format. It is our intent to keep the language regarding limiting the County on their administrative costs to the City. Please let us know whether you concur that the County's language changes are acceptable. Enclosure \\DAEDALMSYSM11AREDWile Sys\WWP - Wastewater\WWP-03-0000 Correspondance - W astewater\davec\Elliott_Bridge_Larry_Memo3.doc\lf 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 Renton, a Municipal Corporation, hereinafter called the "City." WITNESSETH WHEREAS, the County proposes to proceed with 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 installation 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 for the Utility Work, 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. 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, all or a portion of the Utility Workthe-*e 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 Uutility Wwork 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. 111. 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 Specifications 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 2 commencement of the work. This Agreement shall be amended in writing to incorporate changes in the Scope of Work or Cost Estimate. Any and all The -costs related toof the change(s) in Utility Work„- including but not limited to, the County's internal administrativeion costs and the costs associated with any delays or impacts to the County's contractor, shall be borne by the party proposing the change(s). 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 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 (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. 3 C. All payments shall be due within 90 days of the billing da 45 days from the date the County invoices the City for Utility Work performed on the Project, 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 Parry with a full and complete indemnity of claims made by the other Parry'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. Vl. TERMINATION A. If a party fails to comply with any material provision(s) of this Agreement the other party may terminate this Agreement, in whole or in part, for default upon thirty (30) days written notice to the defaulting party. Any extra costs, expenses or damages incurred by the non -defaulting as a result of the termination for default shall be borne exclusively by the party in default. The rights and remedies of this provision are in addition to any other rights or remedies provided to the non -defaulting party by law or under this Agreement. Any termination of this Agreement for default shall not relieve the defaulting party of any obligation which may arise out of work already performed prior to such termination. 4 D. The (City or Utility) failure to secure all necessary funding to complete the Utility Work for the Project will constitute a failure to comply with the material provisions of this Agreement, in accordance with the termination provisions set forth above. 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. 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. F. Each party shall maintain records that accurately reflect all actions taken and services provided pursuant to this Agreement, and all direct and indirect costs incurred in the performance of this Agreement. Such records and documents shall be subject to inspection, review or audit by King County, the (City or Utility) and/or federal/state and local officials so authorized by law, at the requesting party's sole expense. Such records shall be made available for inspection or audit during the record keeper's regular business hours within a reasonable time after the record keeper's receipt of a request for inspection of the same. These rights and obligations shall exist during the performance of the Agreement and continue for six (6) years after the termination or natural expiration of the Agreement, whichever first occurs. C In the event of a contractual 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 matter shall be forwarded for discussions to the f ti f the (City or Utility) and the Director of King County's Department of Transportation, or their respective designee(s). If this process fails to 5 resolve the dispute within thirty (30) days after such referral, a party may pursue any legal remedy available or the Parties may agree to submit the matter to mediation or other alternate dispute resolution. If the Parties submit the matter to alternate dispute resolution and the matter is not resolved, a parry shall be entitled to pursue any legal remedy available in a court of law. H. In the event that either party deems it necessary to institute legal actions or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action shall be initiated in King County Superior Court of the State of Washington. This Agreement shall be interpreted and construed in accordance with the laws of the State of Washington. The (City or Utility) hereby consents to the personal jurisdiction of the King County Superior Court of the State of Washington. 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. 0 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_ArchivelElliott _AGR.doc printed 02111103 CITY OF Renton Mayor Name (print) Date Attested By: City Clerk APPROVED AS TO FORM City Attorney 7 EXHIBIT "A" The 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. 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 Elliott Bridge #3166 Replacement project and construct the improvements in accordance with Section III of this Agreement. COST ESTIMATE: YOU NEED TO HAVE LANGUAGE TO REFLECT THE ACTUAL COSTS OF THE BID FOR THE UTILITY WORK NOT SIMPLY RELY ON THE ESTIMATED COSTS. WHAT HAPPENS IF ACTUAL COSTS ARE BELOW OR ABOVE ESTIMATED COSTS? HOW DO YOU WANT TO HANDLE THIS. Utility Work - adjustment of sewer manholes to final grade Is this the correct work? $420,000.00 County internal costs incurred during construction $42,000.00 $462,000.00 The County's internal costs shall not exceed 10% of the actual contract amount at time of of contract -andexecution and such contract amount as may be amended by mutually agreed upon contract change orders. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: January 28, 2003 TO: Larry Warren, City Attorne FROM: Dave Christensen, X-72 SUBJECT: Interlocal Agreement for the Elliott Bridge Sewer Crossing I have received a revised version of the agreement from King County. Unfortunately, they did not directly address many of our issues, and their prosecuting attorney made additional language changes to further complicate things. As such, I am including the following: ➢ King County's resubmittal. ➢ My attempt to clean up their version to fit the Renton situation and address our previous comments. ➢ The original marked up version I submitted to the County incorporating the City's previous comments. On the version that I created to incorporate our previous comments, as appropriate, and to address their new language, I have the following comments: ➢ The first thing I did was accept their proposed language changes for the new version, so my version has all corrections accepted. I did not see any issues with their proposed changes to the base. ➢ With the revised base, my version amends areas of concern. First, I made obvious corrections as to what City, project name, and project description. ➢ Previously I commented concern in Section IIA regarding use of the language deductive alternate. After conversation with the County, the methodology that the County uses for deductive alternates will sufficiently protect the City during the bidding process, as the County includes deductive alternates in determining low bid. As such, I am now fine with this language. ➢ In Section IID, you had requested additional language regarding assigning contract right upon completion of construction. In conversation with the County staff, they have indicated that they cannot include such language, as they do not have any contract requirements for their contractors to guarantee work upon completion of contract, such as a one-year guarantee. As such, I have not included the language in the proposed revision. ➢ In Section IVA, we added language to limit the maximum payable to the County. After conversation with the County, this language has been moved to exhibit A which shows \\DAEDALUS\SYS2\SHARED\Fi1e Sys\WWP - WasteWater\WWP-03-0000 Correspondance - W astewater\davec\Elliott_Bridge_Larry_Memo2.doe\Icf the estimated costs and has language limiting the County to no more than 10% of the actual amount of contract for the Renton portion of work. ➢ Old Section IVB has been removed. ➢ Section IVC has been revised from 60 days to 90 days for payment. Previously, we commented to lower the interest rate below the 1% per month rate. The County is not interested in revising this rate, so, I have revised the time due from 60 to 90 days. This will give our folks more than enough time to process payments. ➢ Section VIIC has been revised per your previous comment. ➢ Additional information, as mentioned above, is Exhibit A, which shows our estimated cost, scope of work, and language limiting the County as to amount expended for City portion of work. Please review the revised document and let me know if you have any additional corrections or if you concur in this version at this time. Thanks for your time and patience on this matter. Enclosures \\DAEDALUS\SYS2\SHARED\File Sys\WWP - WasteWater\WWP-03-0000 Correspondance - Wastewater\davec\Elliott Bridge_Larry_Memo2.doc\lcf CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 13, 2002 TO: Larry Warren, City Attorney VIA: Gregg Zimmerman 6 z FROM: Dave Christensen, x-7212 SUBJECT: Interlocal Agreement for the Elliott Bridge Sewer Crossing The City is looking to have King County install a new 18-inch sewer across its new proposed Elliott Bridge project. On October 14, 2002, you provided comments on a draft interlocal agreement. I have recently picked this project back up and I have reviewed all you comments. I am ready to send a response back to the County with the exception of one item. Your comments regarding Section IIID and assigning contract rights was not clear to me. Can you please provide sample language that would meet the concern you expressed with this section. I have attached a copy of the agreement, as well as your previous comment memo of October 14`h. Thanks for your assistance. Once I have this last piece, I will submit our comment back to the County for their review. Enclosures HAFile Sys\WWP - WasteWater\WWP-03-0000 Correspondance - Wastewater\davec\Elliott_Bridge_Lany_Memo.doc\lcf DATE: TO: VIA: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM December 13, 2002 Larry Warren, City Attorney Gregg Zimmerman Dave Christensen, x-7212 Interlocal Agreement for the Elliott Bridge Sewer Crossing The City is looking to have King County install a new 18-inch sewer across its new proposed Elliott Bridge project. On October 14, 2002, you provided comments on a draft interlocal agreement. I have recently picked this project back up and I have reviewed all you comments. I am ready to send a response back to the County with the exception of one item. Your comments regarding Section IIID and assigning contract rights was not clear to me. Can you please provide sample language that would meet the concern you expressed with this section. I have attached a copy of the agreement, as well as your previous comment memo of October 14`". Thanks for your assistance. Once I have this last piece, I will submit our comment back to the County for their review. Enclosures HAFile Sys\W WP - WasteWater\WWP-03-0000 Correspondance - Wastewater\davec\Elliott_Bridge_Larry_Memo.doc\lcf CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: October 9, 2002 TO: Larry Warren, City Attorney FROM: Gregg Zimmermi, ininistrator STAFF CONTACT: Dave Christensen, X-7212 SUBJECT: Legal Review of Interlocal Agreement for the Elliott Bridge Sewer Crossing Project Please find attached a draft version of a proposed interlocal agreement between the City and the County that provides for the County installing new sewer across the new Elliott Bridge. Staff has reviewed this draft document and you will note our comments on the document. Please review the document, including our proposed comments/revisions, to assure that the City's interests are protected. The exhibits are currently being prepared and will be added before submitting to Council for their review and approval. If you have any questions regarding this document, please contact Dave Christensen at x-7212. We would like comments returned to us by October 24th if possible. Thank you for your assistance. Enclosure cc: Lys Hornsby H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondance - Wastewater Utlity\davec\Larry_Memo3.doc\lcf 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. B. The County may request that the Utility increase the scope of the sewer facilities to be constructed with the Project to include sewer main extensions beyond the scope of the Utility's facilities, as defined in c Exhibit A. 10-111-1511101� A. The County shall incorporate the Utility's plans and specification into the Contract Bid Documents as a 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 4 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 of the 2002 Standard Specifications for Road, Bridge and Municipal Construction under the Project contract as to the Utility's work. 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 w+etef- �acilities), and other changes to the features and appurtenances of the project. The location of all surface features associated with the Utility's wu� sewer facilities shall be field -surveyed by the County's surveyor, and the actual constructed locations shall be provided to the District. B- c f+elf=s�prior-te-bacl� The Utility shall be responsible for the County's surveying costs associated with field -surveying the as -constructed location of the.wt�Jl sewer facilities. The Utility will use these as built drawings to prepare, at its own expense, its own record set of the wat&FT-tR4 sewer facilities associated with the Project. IV. PAYMENT 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. 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 of one percent per month. V. INDEMNIFICATION AND HOLD HARMLESS A. Each Parry 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. Each Parry 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. I The foregoing indemnity is )Oil B 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 Y Y 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 World' 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 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 4 such remainder would then continue to serve 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 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 CITY OF RENTON Director Department of Transportation memgtrj Date Date APPROVED AS TO FORM Deputy Prosecuting Attorney D. Wirword_CantmctslContract_Archi-Ttliott _ACR.doc printed 061261OZ APPROVED AS TO FORM Utility's Attorney i 5 CITY OF RENTON PLANNING/BUILDING/PUBLIC MEMORANDUM WORKS CONCURRENCE nnrc /0 DATE: October 9, 2002 ; .:;..AV A" (G�7 TO: Larry Warren, City Attorney FROM: Gregg Zimmerman, Administrator - STAFF CONTACT: Dave Christensen, X-7212 SUBJECT: Legal Review of Interlocal Agreement for the Elliott Bridge Sewer Crossing Project Please find attached a draft version of a proposed interlocal agreement between the City and the County that provides for the County installing new sewer across the new Elliott Bridge. Staff has reviewed this draft document and you will note our comments on the document. Please review the document, including our proposed comments/revisions, to assure that the City's interests are protected. The exhibits are currently being prepared and will be added before submitting to Council for their review and approval. If you have any questions regarding this document, please contact Dave Christensen at x-7212. We would like comments returned to us by October 241h if possible. Thank you for your assistance. Enclosure cc: Lys Hornsby H:\File Sys\WWP - WasteWater\WWP-03-0000 Correspondance - Wastewater Utlity\davec\Lar y_Memo3.doc\lcf 40 R ..Il Jesse Tanner, Mayor CITY OF RENTON Office of the City Attorney Lawrence J. Warren 1011 E►VED OCT 15 2002 atCi 1Ty OF RENTON MEMORANDUM RELIC CEI�® 0 C T 15 2002 To: Gregg Zimmerman, Administrator CITY OF RENTON From: Lawrence J. Warren, City Attorney UTILITY SYSTt=MS 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 IIA on Bidding, to use the phrase "separate schedules". That change would appear appropriate and more flexible for the City. In Section IIID of the agreement, I believe some mention should be made of the County assigning 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 RE N T �ON� This paper contains 50 % recycled material, 30 % post consumer 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', I 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. Warren LJW:tmj cc: Jay Covington Dave Christensen Lys Hornsby T10.37:20 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. B. The County may request that the Utility increase the scope of the sewer facilities to be constructed with 2 the Project to include sewer main extensions beyond the scope of the Utility's facilities, as defined in ' Exhibit A. BIDDING A. The County shall incorporate the Utility's plans and specification into the Contract Bid Documents as a A,ggi-/,; Fe}e iae aJiemate 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. 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 bome 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 altematively, 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. 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- afacilities), and other changes to the features and appurtenances of the project. The location of all surface features associated with the Utility'swaier-ate sewer facilities shall be field -surveyed by the County's surveyor, and the actual constructed locations shall be provided to the District. B— c terlines shaft be fieldaatveyed prbr-to backfilV The Utility shall be responsible for the County's surveying costs associated with field -surveying the as -constructed location of the wa*Pftmd sewer facilities. The Utility will use these as built drawings to prepare, at its own expense, its own record set of the vva4sewer facilities associated with the Project. IV. PAYMENT 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 e 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. 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/orv� disposing of such materials. 0 D. All payments shall be due within 30 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 Parry, 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 Parry's default, failure of performance, or negligent conduct associated with this Agreement, by the Party, its employees, subcontractors or agents. Each Parry 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 B. specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's rindustrial Insurance act RCW Title 51 as respects the other Pa YonlY� and only to the extent necessary to provide each Parry with a full and complete indemnity of claims made by the other Party's 3 VI VII 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, Q p trademark, trade name, and/or otherwise results in unfair trade practice. cted D. In the event either Party incurs any costs including attomey fees to enforce the provisions of this article f 1� 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. 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 World' 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 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. 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 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 comply with all applicable County and State regulations, ordinances, orders, and codes regarding safety. vs G 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 CITY OF RENTON Date APPROVED AS TO FORM Deputy Prosecuting Attorney Utility's Attorney D:%Winw�d_Co rmctslControct Archive\Elliott AGR.doc punted 06126102 4P AiiAf7 ! . ^ 5 t; ,r CITY OF RENTON ..LL Office of the City Attorney J e Tanner, Mayor Lawrence J. Warren RECEIVED MEMORANDUM DEr° 2 ? 2002 CITY OF RENTON To: Gregg Zimmerman, PBPW Administrator UTILITY SYSTEMS From: Lawrence J. Warren, City Attorney Date: December 18, 2002 Subject: Interlocal Agreement for the Elliott Bridge Sewer Crossing By memo dated December 13, 2002, you have asked for some sample language to be used in Section lI1D of the agreement related to the County assigning its contract rights, as they relate to sewer construction to the City. 1 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" I hope this is of assistance. LJW:tmj cc: Jay Covington Dave Christensen T10.37:44 oeo- � Lawrence J. Warren 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