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HomeMy WebLinkAboutContractInteragency Agreement; SCWSD/Renton - 1 6/27/24 REIMBURSEMENT ANDPERMISSIONTORELOCATEANDCONSTRUCT UTILITYCONFLICTS AGREEMENT BETWEEN THE CITY OF RENTON AND SOOS CREEK WATER AND SEWER DISTRICT This Agreement, dated for reference purposes only as July 17, 2024, by and between the City of Renton (the “CITY” or “RENTON”), a Washington municipal corporation, and Soos Creek Water and Sewer District, (“SOOS CREEK” or the “DISTRICT”), collectively referred to as the “Parties,” in order for the CITY and the DISTRICT to construct improvements to the DISTRICT’s water and sewer facilities located within the Right of Way of the CITY within the construction limits of the SE 172nd St Water Quality Retrofit project. Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. The CITY and the DISTRICT mutually agree as follows: I.PURPOSE and PERMISSION. A.It is the purpose of this Agreement to provide for the construction of water and sewer facilities by the CITY on behalf of the DISTRICT, as part of the CITY’s SE 172nd Street Water Quality Retrofit Project. The CITY is constructing improvements to its storm water system and restoring impacted streets. The improvements constructed by the CITY require the relocation of some of the DISTRICT’s existing water and sewer facilities because of utility conflicts. The DISTRICT grants the CITY permission to relocate and construct improvements to the DISTRICT’s existing water and sewer utility facilities conflicting with the CITY project. B.The DISTRICT agrees to pay for the cost of the water and sewer facilities that are being relocated and reconstructed because of the utility conflicts. The Parties agree that the most efficient and effective way to relocate and construct the water and sewer facilities will be by the CITY’s Contractor who will construct improvements to the storm water system and street. C.The DISTRICT’s facilities constructed under this Agreement include the relocation of a sewer force main, the relocation of a water main, and new water service lines as required. A graphic representation of the project location and limits is included in ATTACHMENT A to this Agreement. II.COSTS AND PAYMENTS The DISTRICT shall be responsible to reimburse the CITY for the actual cost for the construction of its relocated and reconstructed facilities under this agreement. The estimated amount not to exceed based upon 50% design submittal (plans and cost estimate) plus the $15,572 below in Note 1 is $695,572 for the construction of its facilities relocated and reconstructed under this project. Should project actual costs associated with relocation and reconstruction of DISTRICT facilities exceed $695,572 or become projected to exceed $695,572 based on final opinion of probable construction cost or bids received for the project, the CITY and DISTRICT shall execute an amendment to increase the agreement CAG-24-257 Interagency Agreement; SCWSD/Renton - 2 6/27/24 amount. Restoration costs paid by the DISTRICT shall include asphalt trench repair for the sewer force main and water line relocation. The costs paid by the DISTRICT shall not include asphalt grind, overlay or other final pavement installation costs. The CITY shall pay the costs for its improvements constructed under this project not associated with relocating DISTRICT facilities. Note 1: The DISTRICT shall also be responsible to reimburse the CITY for expenses incurred for design of DISTRICT facilities in the amount of $15,572 prior to the DISTRICT contracting with anexternal consultant. III. BIDDING A. To protect the DISTRICT and the CITY from having a bidder shift disproportionate costs of shared items onto the DISTRICT’s or the CITY's bid schedule, bid items for the DISTRICT’s work shall be contained within two separate Schedule of Bid Items per Section III.C. B. The CITY shall craft the project’s bid documents such that the CITY may award the contract to the lowest responsive bidder for the total of the CITY’s and DISTRICT’s bid schedules. The Parties at all times prior to execution of the Contract reserve the right to reject all bids. C. The CITY’s bid schedule shall solely contain the two bid items corresponding to Mobilization and Temporary Erosion and Sedimentation Control (TESC). These two bid items will be crafted to cover the entire project and pay for mobilization and TESC associated with both the CITY’s SE 172nd Street Water Quality Retrofit Project and the relocation of DISTRICT facilities. The DISTRICT shall reimburse the CITY for their pro-rata share of these bid items. The pro-rata share shall be calculated by comparing the totals for the CITY’s bid schedule and the DISTRICT’s bid schedule and applying the relative percentage of each bid schedule to the mobilization and TESC bid items. All other bid items common to the CITY and the DISTRICT’s bids schedules such as Dewatering, Record Drawings, Traffic Control and Trench Patching, shall be added to each bid schedule. D. The CITY shall furnish the DISTRICT with the bid documents prior to bid solicitation, bid tabs/ bid prices following bid opening, and the list of contractors and subcontractors of the lowest bidder for the DISTRICT’s approval. The DISTRICT shall review the bid documents within 5 business days of receipt. The DISTRICT shall review and notify the CITY in writing whether the DISTRICT approves or rejects the bid for the DISTRICT’s work within 10 business days of the CITY notifying the DISTRICT in writing of its intent to award the construction contract. The CITY shall not proceed with awarding the DISTRICT Work if the CITY has received written notification from the DISTRICT that the DISTRICT rejects the bid for the DISTRICT’s work. E. In the event the DISTRICT rejects the bid, the CITY shall reject all bids and rebid the project. IV. RESPONSIBILITIES OF PARTIES A. SOOS CREEK WATER AND SEWER DISTRICT Interagency Agreement; SCWSD/Renton - 3 6/27/24 1. The DISTRICT shall provide technical specifications, material specifications, engineering support and standard details to the CITY for implementation in the CITY’s project documents for work associated with relocating DISTRICT facilities. 2. The DISTRICT shall provide projections for the construction costs to relocate the sewage force main, water line and a per each for new water service line installations and provide these to the CITY for its information. 3. The DISTRICT shall provide plan review of the project documents prepared by the CITY and provide written comments on the design of the DISTRICT’s facilities within 15 business days. 4. The DISTRICT shall provide review of contractor material submittals for work associated with relocating DISTRICT facilities and return written comments to the CITY within 10 business days. 5. The DISTRICT shall attend the preconstruction conference and present its requirements for testing and coordination of shutdown for the connections to the existing force main and water line, and customers’ water service lines. 6. The DISTRICT shall provide timely field inspections of its facilities constructed by the CITY and provide written communication to the CITY identifying any defects or inconsistencies from the DISTRICT’s engineering standards or project documents. The DISTRICT will communicate only with the CITY during the construction; the CITY will in turn communicate with its Contractor. 7. The DISTRICT shall provide a timely review of quarterly reimbursement requests received from the CITY and identify any disputed charges within 30 days of receipt of invoice. The DISTRICT shall also provide timely review of monthly consultant invoices and contractor progress payments and identify any disputed charges within 10 business days of receipt. 8. The DISTRICT shall pay undisputed invoices from the CITY within 30 days of receipt of invoice. B. CITY OF RENTON 1. The CITY shall develop the project bid documents which shall include the DISTRICT’s standard details, material specifications and construction specifications for the DISTRICTS Bid Schedules. The project bid documents shall include a provision in the construction contract for a one-year warranty on the DISTRICT’s facilities. The bid set drawings and specifications shall be prepared and sealed by a licensed civil engineer. 2. The CITY shall develop the project bid proposal contract to include two separate schedules for the DISTRICT’s facilities, including a bid schedule for the sewer force main relocation and a bid schedule for the water line relocation and the new water service line installation. 3. The CITY shall bid a public works contract to construct the DISTRICT’S and the CITY’S facilities. Interagency Agreement; SCWSD/Renton - 4 6/27/24 4. The CITY shall forwardthe bid tabulation received forthe project to the DISTRICT. 5. The CITY shall forward material submittals to the DISTRICT. The DISTRICT shall provide a written response to the material submittals within 5 business days from receipt of the material submittals. 6. The CITY will award and administer a public works contract that will construct the DISTRICT’s and CITY’s facilities. 7. The CITY shall notify the DISTRICT of the progression of the project including contract award, the schedule for preliminary construction administration actions, preconstruction conference, project construction date and the projected schedule for installation of the DISTRICT’s facilities. The CITY shall send to the DISTRICT three-week lookahead projections during construction, along with the contractor’s overall project schedule. 8. The CITY shall coordinate with the DISTRICT during the construction such that the DISTRICT can conduct periodic site visits and construction inspection for work associated with relocating DISTRICT facilities. The DISTRICT shall issue written communication to the CITY advising of any observed defects or deviations from the DISTRICT’s construction specifications. The DISTRICT shall issue written punch lists identifying any deficiencies in the Work performed by the CITY’s contractor. The CITY will work with its Contractor to remedy any deficient or defective Work on the DISTRICT’s facilities. 9. Upon completion of the construction of the DISTRICT’s facilities, the CITY shall prepare construction record drawings by the engineer of record in AutoCAD format. The construction record drawings shall be submitted to the DISTRICT for review and comment. When final documents are achieved, the construction record drawings shall be stamped and sealed by the engineer of record. The CITY shall deliver a PDF and one AutoCAD file of the record drawings to the DISTRICT within 120 days after the entire project reaches physical completion. 10. Within one year from the date the CITY accepts its project as complete, the CITY and DISTRICT shall conduct a site visit and inspection of the DISTRICT’s facilities. If defects in the DISTRICT’s facilities are noted and it is mutually agreed that said defects resulted from deficient or defective work by the CITY’s contractor, the CITY will work with its Contractor to enforce repairs or replacements necessary to remedy the defects to the satisfaction of the DISTRICT. 11. The CITY shall forward reimbursement requests, invoices, and backup information, including copies of pay estimates, for the construction of the DISTRICT’s facilities, to the DISTRICT quarterly. Progress payments to the contractor shall be forwarded to the DISTRICT for review upon preparation. Interagency Agreement; SCWSD/Renton - 5 6/27/24 V. TERMAND TERMINATION. A. Term. This Agreement is effective upon signature by both Parties and will remain in effect until December 31, 2027, or terminated by either of the Parties. B. Termination. This Agreement may be terminated (1) by either Party upon thirty (30) days written notice prior to the CITY execution of the construction contract; (2) after execution of the construction contract upon completion of the Project and CITY receiving final reimbursement from DISTRICT. VI. INDEMNIFICATION AND HOLD HARMLESS A. The DISTRICT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. B. The CITY shall defend, indemnify and hold the DISTRICT, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the DISTRICT. C. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the DISTRICT and the CITY, its officers, officials, employees, and volunteers, the Parties’ liability hereunder shall be only to the extent of their negligence. D. It is further specifically and expressly understood that the indemnification provided herein constitutes the DISTRICT’S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. VII. INSURANCE A. ADDITIONAL INSURED. The CITY shall require its Contractor to name the DISTRICT as an additional insured with respect to its Contractor’s Work on behalf of the DISTRICT, in the same manner and on the same terms as required by the CITY for its own inclusion as an additional insured. VIII. GENERAL PROVISIONS A. ADMINISTRATION. The provision of services under this Agreement will be managed for the CITY by its Surface Water Engineering Manager, or other staff as may be designated by the CITY, and for the DISTRICT by its Operations Manager, or other staff as may be designated by the DISTRICT (“Project Administrators”). B. DISPUTE RESOLUTION. In the event there is a dispute related to the services rendered per this Agreement or the payment of an invoice, the Parties shall make every effort to resolve such dispute by mutual agreement. In the event there is no resolution, the Parties shall seek mediation through Interagency Agreement; SCWSD/Renton - 6 6/27/24 a mutually agreed mediation service and each Party shall bear itsown costs for mediation. If mediation is unsuccessful, either Party may pursue any legal remedy available from a court of competent jurisdiction. In any event, in the course of resolving any dispute, including litigation and any appeals, each Party will be responsible to pay their own legal fees and costs and the cost of construction of their portion of the project. C. AMENDMENT. This Agreement may be amended only by written agreement of the Parties. D. ASSIGNMENT. This Agreement is not assignable by either Party, either in whole or in part. E. ENTIRE AGREEMENT. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. The Parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval of the Parties which shall be attached to this original Agreement. F. NOTICES. Notices to be provided pursuant to this Agreement shall be provided in writing to the person and address indicated below. Notices shall be deemed delivered three (3) days after placement of the notice in the U.S. Mail, first class postage pre-paid. Courtesy copies of notices may be provided via email transmission but shall not constitute delivery of written notice as set forth herein. CITY OF RENTON Martin Pastucha – Public Works Administrator 1055 South Grady Way Renton, WA 98057 mpastucha@rentonwa.gov cityclerk@rentonwa.gov CITY OF RENTON Joe Farah, PE – Surface Water Engineering Manager 1055 South Grady Way Renton, WA 98057 jfarah@rentonwa.gov SOOS CREEK WATER AND SEWER DISTRICT Jane Vandenberg – General Manager 14616 SE 192nd Street Renton, WA 98052 jvandenberg@sooscreek.com SOOS CREEK WATER AND SEWER DISTRICT Paj Hwang, PE – Engineering Manager 14616 SE 192nd Street Renton, WA 98052 PHwang@sooscreek.com Interagency Agreement; SCWSD/Renton - 7 6/27/24 G. NON-WAIVER OF BREACH. The failure of either Party to insist upon strict performance of any of the covenants and agreements contained in this Agreement shall not be construed to be a waiver or relinquishmentof those covenants, agreements, oroptions, and the same shall be and remain in full force and effect. H. COMPLIANCE WITH LAWS.Both Parties agree to comply withapplicable local, federal, and state laws, rules, and regulations that are now effective or in the future become applicable to this Agreement. I. NONDISCRIMINATION IN EMPLOYMENT.In the performance of this Agreement, neither Party will discriminateagainst anyemployee onthe groundsofrace,religion, creed, color, nationalorigin, sex, marital status, disability, sexual orientation, age, nor other basis prohibited by state or federal law unless based upon a bona fide occupational qualification. Both Parties shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state, and federal laws prohibiting discrimination in employment. J. SEVERABILITY. If any provision of this Agreement, inwhole or in part, is adjudicated to be invalid, such action shall not affect the validity of any provision not so adjudicated. IN WITNESS WHEREOF, the Parties havevoluntarily entered into this Agreementas ofthe date last signed by the Parties below. City of Renton SoosCreek Water and Sewer District By: By: Armondo Pavone,Jane Vandenberg, Mayor General Manager Date:Date: Attest: Jason Seth, City Clerk Approvedas to Form Approvedas to Form By By Shane Moloney Michael M. Hanis City Attorney District Legal Counsel Clb 6-27-24 2827 9/25/2024 Approved by Cheryl Beyer via email 7/29/2024 Interagency Agreement; SCWSD/Renton - 8 6/27/24 INTERAGENCY REIMBURSEMENT AGREEMENT ATTACli-lMENT A: PROJECT ILIMITS 0 [} n lJlt,o croo:,,.,r<!\' W•'2o.!O THI$Wu>IS TQEi;!,i;J; FQI;;o.lA,\/W;i "TION Attachment A