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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:
1. 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.
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 Work shall be
deleted from the contract. Bid awards shall be made to the lowest responsible
bidder for the total project, subject to applicable laws and regulations.
C. If the City rejects the County's lowest responsible bid, the City may select its own
contractor to do the Utility Work deemed necessary. In this case, the City shall
require its contractor to coordinate all utility work located at the project site with the
County's contractor, without unreasonably interfering with or delaying the County's
contractor. The City shall notify its contractor of such requirement, and shall provide
written notice to the County and the County's contractor ten days prior to beginning
Utility Work on site. If the contractor selected by the City unreasonably delays or
impacts the County's contractor, the City agrees to defend, indemnify, and hold King
County harmless from and against any such unreasonable delay or impact if a claim
is presented by the County's contractor, provided the County shall give the City
prompt notice of any potential claim as soon as the County has received knowledge
thereof.
Ill. 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 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
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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 costs
related to the change(s) in Utility Work, including but not limited to, the County's
internal administrative 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 (i.e., all
engineering, clerical, administrative, materials testing, surveying, and
inspection services costs and all payroll additives) directly attributable to the
Utility Work.
B. In the event the County's contractor uncovers any materials while doing work solely
related to completion of the Utility Work agreed upon requiring special handling
and/or disposal under any local, state or federal laws or regulations (including, but
not limited to, hazardous waste, dangerous waste, toxic waste or contaminated soil)
the City will be responsible for all costs incurred in handling and/or disposing of such
materials.
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C. All payments shall be due within 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 Parry's default, failure of performance, or negligent conduct associated with
this Agreement, by the Party, its employees, subcontractors or agents.
B. Each Party agrees that its obligations under this provision extend to any claim,
demand, and/or cause of action brought by or on behalf of any of its employees, or
agents. The foregoing indemnity is specifically and expressly intended to constitute
a waiver of each Party's immunity under Washington's Industrial Insurance act,
RCW Title 51, as respects the other Party only, and only to the extent necessary to
provide each Party with a full and complete indemnity of claims made by the other
Party's employees. The parties acknowledge that these provisions were specifically
negotiated and agreed upon by them.
C. Claims shall include, but not be limited to, defects or mistakes in plans, specifications
and/or drawings, assertions that the use or transfer of any software, book,
document, report, film, tape, or sound reproduction of any kind, delivered hereunder,
constitutes an infringement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
D. In the event either Party incurs any costs including attorney fees to enforce the
provisions of this article and prevails in such enforcement action all such costs and
fees shall be recoverable from the losing Party.
E. The provisions of this section shall survive the expiration or earlier termination of this
Agreement with regard to any event that occurred prior to or on the date of such
expiration or earlier termination.
VI. 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 bome
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.
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B. 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.
C. 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 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.
G. 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
Planning/Building/Public Works Administrator of the City and the Director of King
County's Department of Transportation, or their respective designee(s). If this
process fails to 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
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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 party 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 CITYAND 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 contractors)
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective as of the date last written below.
KING COUNTY, WASHINGTON
'! � "/,. - D:
Name (print)
, - �/,,i
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Date
APPROVED AS T FA )-� a4y�� —
Deputy Prosecuting Attorney
D:{Wlmvord Con[rvctslControct,�lrchivelElllott JIGR.doc printed 03124103
Jesse Tanner
Name (print)
Date
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Attested By: City Clerk
APPROVED AS TO FORM
I.
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
or Item
GSP # ITEM DESCRIPTION
DRAINAGE
STD 7006STRUCTURE EXCAVATION CLASS B INCL. HAUL
STD 7008SHORING OR EXTRA EXCAVATION CLASS B
STD 1086QUARRY SPALLS
SANITARY SEWER
STD 3652TESTING SEWER PIPE
REMOVAL AND REPLACEMENT OF UNSUITABLE MATERIAL
SP - DROP CONNECTION
SP - SANITARY SEWER MANHOLE, 1500 MM DIAM
SP - SANITARY SEWER MANHOLE, 1200 MM DIAM
SP - PVC SEWER PIPE 450 MM DIAM.
SP - HDPE SEWER PIPE, 508MM O.D., SDR 26
SP - STEEL CASING PIPE 610 MM DIAM
SP - City of Renton Share of Mobilization Cost
SP - City of Renton Share of Traffic Control (not included at this time)
SEW
UNIT RELOC
UNIT UNITUNIT QTY COST COST
C.M.
C.M. C.M.
1000
$6
$6,000
S.M.
S.M. S.M.
1636
$8
$13,088
TON TON TON
100
$20
$2,000
M
M M
750
$4
$3,000
C.M.
C.M. C.M.
50
$50
$2,500
EA.
E.A. E.A.
1
$5,000
$5,000
EA.
E.A. E.A.
1
$4,000
$4,000
EA.
E.A. E.A.
7
$3,000
$21,000
M
M M
446
$200
$89,200
M
M M
149
$225
$33,525
M
M M
160
$250
$40,000
L. S.
M M
1
$30,000
$30,000
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