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HomeMy WebLinkAboutContract 0 CAG199-161 UTILITIES COOPERATION AGREEMENT BY AND BETWEEN CITY OF RENTON AND KING COUNTY FOR INFLOW/INFILTRATION PROGRAM STUDY This Agreement, is made and entered into this /5 , day of , 1999 between the City of Renton, a municipality, in the State of Washington, (hereinafter, "the City") and King County, a home rule charter county in the State of Washington, acting through its Department of Natural Resources .(herein after the County", or"DNR"). RECITALS A. The parties have entered into a long-term Agreement for Sewage Disposal May 2, 1961, and amended thereafter(hereinafter referred to as the"Basic Agreement"); and B. King County has determined that substantial amounts of extraneous water (hereinafter "infiltration & inflow" or "I&I") enter local sewer systems which are tributary to King County's wastewater conveyance and treatment facilities; and C. King County believes cost savings can be realized by reducing infiltration & inflow in some of the local sewer systems tributary to the County's system and is willing to fund a study to gather information on these sewer systems; and D. The City has determined that it is in its best interest to participate in this study to identify these areas of I&I into the local sewer system; NOW, THEREFORE, it is hereby agreed as follows: Section 1. Purpose and Duration 1.1 The purposes of this agreement are (a) to provide for the entry of County contractors into the City's sewer lines to collect information on I&I and to analyze the conditions of these lines, and (b) to secure, to the extent obtainable, under City Code, access to privately owned side sewers, if such access is deemed necessary by the County, for the purpose of collecting information and analyzing the conditions leading to inflow and infiltration into those privately owned sewer lines. Page 1 of 8 Utilities Cooperation Agreement for 1/1 Study 1.2 The information referenced in subsection 1.1 above will be collected using various methods, including, at a minimum, flow monitoring, smoke testing, dye testing and television inspection of manholes and sewer lines. 1.3 The duration of this agreement shall gr t s a be from the date of execution until completion of the study or December 31, 2005, whichever should come first. The duration of this agreement shall not be exceeded without the written agreement of both parties. Section 2. County Responsibility 2.1 King County, as the agency funding this I&I study, shall be responsible for its contractor's performance in the local system and on private property, including compliance with all applicable federal, state and local laws, regulations, and ordinances. King County shall also ensure that specific responsibilities between the County's contractor and the City will be defined and agreed to before initiation of any work within the City's sewer service area. 2.2 King County agrees to provide a copy of its contract with its contractor to the City prior to the initiation of any activities under this Agreement. King County will require in its contract with its contractor that the County and the participating City will be added as an additional insured to the contractors' general liability policy(s). 2.3 The City agrees, understands and acknowledges that the County is fully self- insured for its liability exposures. Should an incident occur involving the negligence of County employees acting in the scope of their employment, the County's self- funded program will respond. Section 3. City Responsibility 3.1 The City shall provide to King County and its contractors timely, accurate, and complete information, where such information is available, about the conditions of its manholes and the other parts of its sewer system. 3.2 The City shall assign in writing through this Agreement to King County and its contractor the City's right, under Renton Municipal Code Section 8-5-1413, to enter upon private property for the purposes of inspection, observation, measurement, sampling, and testing provided that the requirements of Section 2 of this agreement are met. 3.3 The City shall be responsible for providing information to allow the County and its contractor the ability to contact owners of private property when access to such property is necessary to carry out the purposes of this Agreement. 3.4 The City shall be responsible for providing information to allow the County and its contractor the ability to make all contact with the owners of side sewers to provide Page 2 of 8 Utilities Cooperation Agreement for 1/1 Study all public information related to the studies or other activities performed under this Agreement. 3.5 The City shall be responsible for obtaining access to any sewer service area to which the City provides sewer collection services by contract or other agreement. Further, the City shall provide information and rights regarding the areas served by contract or other agreement in the same manner as provided under subsections 3.1, 3.2, 3.3, and 3.4,respectively, for the areas directly served by the City. 3.6 The City agrees that the service map attached hereto as Exhibit A is accurate as of the date indicated on the map. This.service map defines the area for the I/I regional study. i� Section 4. Indemnification 4.1 To the extent allowed by law, the County shall defend, indemnify and hold harmless the City, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to an act or omission of the County, its employees, agents, and contractors in the performance of the County's obligations under this Agreement. In the event of litigation between the parties to enforce the rights under this section, reasonable attorney's fees shall be allowed to the prevailing party. This indemnification provision shall include, but is not limited to, all claims against the City by an employee or former employee of the County or its contractors and, as to such claims, the County expressly waives all immunity and limitation of liability under title 51 RCW. 4.2 To the extent allowed by law, the City shall defend, indemnify and hold harmless the County, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages or whatsoever kind or nature arising out of, in connection with or incident to an act or omission of the City, its employees, agents, and contractors in the performance of the City's obligations under this Agreement. In the event of litigation between the parties to enforce the rights under this section, reasonable attorney's fees shall be allowed to the prevailing party. This indemnification obligation shall include, but is not limited to, all claims against the County by an employee or former employee of the City or its contractors and, as to such claims, the City expressly waives all immunity and limitation of liability under Title 51 RCW. Section 5. Basic Agreement Unchanged The City shall comply with all provisions of the Basic Agreement without qualification or condition by reason of any provision or interpretation of this Agreement, it being the intention of the parties that the Basic Agreement shall not otherwise be affected or modified hereby. Page 3 of 8 Utilities Cooperation Agreement for 1/1 Stud 9 p 9 Y Section 6. Termination 6.1 Termination for Convenience. The County for its convenience may terminate this agreement, in whole or part, at any time by written notice sent certified mail, return receipt requested, to the City. 6.2 Termination for Default. In addition to termination for convenience, if either party fails to perform or comply with any material provision of this agreement, the other party may terminate this contract, in whole or in part, for default. Termination shall be effected by serving a Notice of Termination by certified mail, return receipt requested, on the other party setting forth the manner in which the other party is in default and the effective date of termination; provided, that the other party shall have ten calendar working days to cure the default. 6.3 Termination for Non-Appropriation. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth in this contract or in any amendment hereto, the County may, upon written notice to the City, terminate this agreement in whole or part. Such termination shall be in addition to the County's rights to terminate for convenience or default. Funding for this agreement beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this agreement. Should such an appropriation not be approved, the agreement shall terminate at the close of the current appropriation year. The appropriation year ends on December 31 of each year. Section 7. Notice 7.1 All Notices to the County required under the terms of this Agreement shall be given in writing, addressed as follows: King County Department of Natural Resources Wastewater Treatment Division 201 South Jackson Street,MS: KSC—NR—0501 Seattle, Washington 98104-3855 Attn: Gunars Sreibers, Program Manager Telephone: (206) 684-2113 Fax: (206) 684-1741 Page 4 of 8 Utilities Cooperation Agreement for 1/1 Study 7.2 All notices to the City required to be given under the terms of this Agreement unless otherwise specified herein, or as may be amended, shall be given in writing, addressed as follows: City of Renton Public Works Department, 5"' floor 1055 South Grady Way Renton, WA 98055 Attn: David Christensen Telephone: (425) 430-7212 Fax: (425) 430-7241 Section 8. Project Dispute Resolution 8.1 The parties' Project Managers shall use their best efforts to resolve disputes related to or arising out of the studies or other activities conducted under this Agreement. In the event that disputes cannot be resolved by the parties' Project Managers, the County's Wastewater Treatment Division Manager and the City's Utilities Director will apply their best efforts to resolve disputes on matters between the County and the City arising out of or related to the Agreement. If the Managers/Directors are unable to resolve a matter within fifteen (15) days of the time such a matter is referred to them in writing, the Managers/Directors shall ask the City's Planning/Building/Public Works Administrator and the County's DNR Director to resolve the dispute, subject to statutory, permit, or other requirements, policies or procedures. 8.2 The County and the City agree to exhaust each of these procedural steps before seeking to resolve disputes in a court of law or other tribunal, except to the extent that these procedures conflict with formal administrative appeal procedures. Section 9. Choice of Law This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court of King County. Section 10. Amendment,Waiver This Agreement shall not be amended except in writing, executed by both the County and the City. Page 5 of 8 Utilities Cooperation Agreement for 1/1 Study Section 11. Captions Section titles and other headings contained in this Agreement are for convenience only and shall not be part of this Agreement, nor considered in its interpretation. Section 12. Binding Upon Successors This Agreement shall inure to the benefit of, and be binding upon the successors and assignees of both the County and the City. Section 13. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be an original,but such counterparts shall constitute one and the same instrument. Section 14. Waiver No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement. Section 15. No Third-Party Beneficiaries This Agreement is entered into solely for the mutual benefit of the County and the City. This Agreement is not entered into with the intent that it shall benefit any other party and no other such person shall be entitled to be treated as a third-party beneficiary of this Agreement. Section 16. Effective Date This Agreement shall take effect when both parties hereto have executed this document. Section 17. Entire Agreement This document constitutes the complete agreement of the parties regarding the matters described herein and there are no other agreements, express or implied, not contained herein. The Agreement may be modified only in writing and signed by the parties. Page 6 of 8 Utilities Cooperation Agreement for 1/1 Study IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. CITY OF RENTON Dated this lfa, day of �x,G,u/ , 1999 Authorized by Resolution No. 149, of the City Council of the City of Renton, Washington, at its regular meeting held on ?V- day of�, 1999. City of Renton Jess anner, Mayor Date ATTEST: 4 _ Marilyn MeU, City Clerk Date APP UED AS TO LEGAL FORM Lawerence J. Warren, City Attorney KING COUNTY Approved as to Form: �ke7 P4444 ` William Blakney, WSBIA#16734 Pam Bissonnette, Director Sr. Deputy Prosecuting Attorney Department of Natural Resources Page 7 of 8 Utilities Cooperation Agreement for 1/1 Study Exhibit A City of Renton service area to be included in I&I study. 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