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HomeMy WebLinkAboutContractCAG-24-219 Page 1 of 20 Agreement for Reimbursement of Construction Costs for Improvements to the Rainier Ave S BAT Lanes between The City of Renton and King County Metro This Agreement for Reimbursement Construction Costs for Improvements to the Rainier Ave S Business Access and Transit (BAT) Lanes (“Agreement”) is made and entered into by and between the City of Renton (the “City”), and King County Metro (“Metro” or “County”), each of which may be referred to herein individually as a “Party” or collectively to as the “Parties.” A.WHEREAS, King County is legal successor in interest to the Metropolitan Municipality of Seattle, and provides a regional system of public transportation pursuant to Chapter 35.58 RCW, Chapter 36.56 RCW, and other authorities; and B.WHEREAS, the City of Renton is a non-charter Code City and municipal corporation vested with all the powers afforded such a city under Title 35A RCW, including but not limited to the power to manage, improve and repair roads, streets, and bridges, and to regulate the use of the same; and C. WHEREAS, the City and Metro are each committed to improving the speed and reliability of transit service within the City of Renton; and D.WHEREAS, improvements to the BAT lane on Rainier Ave S (the “Project”) has been identified as an improvement that will enhance the speed and reliability of transit service in Renton; and E. WHEREAS, the Parties have developed a conceptual design for BAT lane improvements on Rainier Ave S; and F. WHEREAS, the Parties wish to have the City construct the Project. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURPOSE 1.1 The purpose of this Agreement is to establish the Parties’ respective roles and responsibilities regarding the construction of the Project. 1.2 The Parties agree that work under this Agreement will be funded by Metro local funds. The Project, as discussed in this Agreement, does not involve the use of any state or federal grant funds. Page 2 of 20 2. PROJECT SCOPE OF WORK 2.1 The Project scope of work includes enhancing the existing BAT lanes along Rainier Ave S by installing pavement markings (the “Scope of Work”). These improvements are expected to improve the visibility of the BAT lanes, reducing violations, and improving transit speed and reliability. The Scope of Work under this Agreement includes construction and construction management of the Project, and includes channelization improvements along Rainier Ave S between S 2nd St and S 7th St, including new BUS ONLY legends, as shown in Exhibit A. 2.2 The Scope of Work and/or Design Plans (Exhibit A) can thereafter only be amended by mutual agreement in the form of a written amendment executed by both Parties. 2.1 Metro shall pay, on a reimbursement basis, to the City up to estimated costs of $73,148 (the “Estimated Costs”) plus a 15% contingency, if needed, for the full completion price of the Scope of Work described in this Section 2. The maximum reimbursement amount under this Agreement with contingency is $84,120. 2.2 The 15% contingency may be used only after a written (email) request is submitted to Metro outlining the reasons for needing to use contingency funds, and subsequent written approval from Metro. 3. CITY RESPONSIBILITIES FOR THE PROJECT 3.1 The City will use the design plans prepared by Metro to construct the Project as herein described. 3.3 The City shall provide Metro with an anticipated Project schedule. 3.5 The City shall provide electronic copies of specifications, cost estimate and other technical documents prepared for the Project to Metro based upon the design prepared by Metro. 3.6 The Parties have already negotiated the plans, specifications and cost estimate and other technical documents. In the event there are changes to these. The City shall provide opportunities for Metro to review and provide comments. Metro will make any comments or review within ten (10) business days The City will address and make a good faith effort to incorporate comments provided by Metro. 3.7 The City shall manage the Project construction effort, including solicitation of bids, Page 3 of 20 award of contracts, and performance of all construction management and inspection services. No Metro inspector is required unless the project includes bus stop improvements, which is not an element of the Scope of Work. 3.8 The City shall be responsible for the administration of any third-party contracts it enters into for the performance of its responsibilities under this Agreement. 3.9 The City shall obtain and ensure compliance with all applicable federal, state, and local laws, regulations, and permit (including environmental) requirements for this Project. Federal compliance does not by itself signify compliance with applicable state and local permit requirements. 3.10 When the City determines that its contractor has reached Substantial Completion (hereafter defined), it will notify Metro in writing, as provided under Section 10. Within five (5) business days of receipt of such notice, Metro shall conduct final inspection to determine that the Scope of Work set forth in Section 2 and the Design Plans (Exhibit A) has been satisfactorily completed and provide the City with a punch list. 3.11 When the City determines that its contractor has resolved all punch list items, it shall notify Metro in writing, as provided under Section 10. For purposes of this Agreement, “Substantial Completion” means that the Project has been constructed in accordance with the Design Plans (Exhibit A). 4. METRO RESPONSIBILITIES FOR THE PROJECT 4.1 Metro shall provide comments to the City within ten (10) business days for any design milestones, plans, and specifications, cost estimate, and technical documents. 4.2 By entering this agreement Metro agrees that the design, plans and specifications, cost estimate and technical documents are approved. Changes will be addressed per Paragraph 3.6. 4.3 Metro’sConstruction Coordination Office will be available to assist the Cityand its contractor in the management of transit service in and through the construction zone for the duration of this Agreement. 4.4 Upon receipt of written notification from the City that the Project is Substantially Complete, Metro shall conduct a final inspection so that the Project can achieve Final Completion. For purposes of this Agreement, “Final Completion” means that the following events have occurred (i) Substantial Completion of the Project (as defined in Section 3.11 above of this Agreement) has occurred; (ii) All Punch List Page 4 of 20 items have been completed; 4.5 A written notice of acceptance issued by Metro’s project manager identified in Section 6.3 shall constitute acceptance of the Scope of Work. If the Scope of Work is not fully accepted, Metro may choose to identify and accept a portion of the Scope of Work while corrective actions are being taken in addressing remaining punch list items. 4.6 Upon receipt of written notification from the City that the use of contingency funds are needed to cover project-related expenses, along with documentation or justification of these expenses, Metro shall respond with written approval via email within three business days. 5. PROJECT SCHEDULE 5.1 The City shall complete the improvements outlined in Section 2 by December 31, 2023. 5.2 The City shall notify Metro in writing if there is any change to the estimated completion date listed above, and such notice will include the revised completion date as well as the reason(s) for the schedule adjustment. 6. FINANCING AND PAYMENT 6.1. The Parties anticipate that Metro will use local funds to reimburse the City for Metro’s share of the Project costs under this Agreement. 6.2. Metro shall reimburse the City for all eligible expenses, including, construction, and construction management of the Project as detailed in Exhibit B to this Agreement. Reimbursement for contractor costs will be based on the contractor invoice amount. If additional costs above the Estimated Costs of $73,148 are incurred, additional contingency funds up to 15% of the Estimated Costs may be authorized by written (email) approval. The total reimbursement amount for this agreement shall not exceed $84,120. 6.3 The City’s invoices to Metro shall comply with Sections 6.4 and 6.5 of this Agreement. The City shall submit invoices to Metro, including a description of the work performed, progress, and actual expenditures. The City shall submit invoices to: King County Metro Transit ATTN: Owen Kehoe Capital Planning - Speed & Reliability Page 5 of 20 201 S. Jackson Street KSC-TR-0426 Seattle, WA 98104 6.4 Each invoice shall reference this Agreement, reference the applicable Project element and applicable task for which reimbursement is sought. All Agreement or Project-related costs must be documented, including copies of invoices The City anticipates one invoice to Metro for the Project reimbursement. 6.5 Except for disputed invoices addressed under Section 7, Metro will pay the City within thirty (30) days of receipt of a Project invoice for work that Metro determines to have been performed in accordance with the terms of this Agreement. 6.6 The City shall invoice the amount of the final payment due to the City for the Project work upon Final Completion and Metro’s acceptance of the Scope of Work pursuant to Section 4. 7.DISPUTE RESOLUTION 7.1 The Parties agree to negotiate in good faith to resolve any disputes arising under this Agreement so that the purposes of this Agreement are not frustrated. The Parties’ designated representatives for purposes of the dispute resolution process in this Section 7 will be the persons identified in Section 10.2 to receive notice for Metro and the City, or such other persons as they may designate in writing from time to time. Except as otherwise provided in this Agreement, the Parties shall use the following dispute resolution process. Step One:The Parties’designated representativesshall confer and attemptto resolve the dispute within ten (10) business days of written notification by either Party. Step Two: If Step One does not provide a resolution to the dispute, the Parties’ designated representatives shall elevate the dispute to Metro’s Speed and Reliability Capital Planning Supervisor and the City’s Public Works Administrator. Metro’s Speed and Reliability Capital Planning Supervisor and the City’s Public Works Administrator shall confer and attempt to resolve the dispute within ten (10) business days of written notification by either Party. Step Three: lf Step Two does not provide a resolution to the dispute, either Party may refer the dispute to the City Administrator and Metro’s Page 6 of 20 Division Director. The City Administrator and Metro’s Division Director shall confer and attempt to resolve the dispute within ten (10) businessdays of receiving the referral. The conference may be in person or by other means, such as telephone conference, videoconference, etc. 7.2 Neither Party may seek relief in a court of law until and unless the three-step process in Section 7.1 is completed in good faith. 7.3 If the Parties cannot resolve the dispute utilizing the process in Section 7.1, the Parties may, by agreement, submit the matter to non-binding mediation. The Parties shall share equally in the cost of the mediation. If additional parties participate in the mediation, then each participant shall pay a share of the cost of the mediation such share to be calculated by dividing the total cost of the mediation by the number of parties participating. Mediation shall not be a prerequisite to litigation. 7.4 The Parties agree that, during any conflict or dispute resolution process, they shall continue to diligently perform their respective responsibilities under this Agreement and any Work under this Agreement not yet completed. 7.5 Provided that a Party has complied with the requirements for giving notice of the existence of a dispute, no delay in disposing of such dispute while the Parties pursue the dispute resolution procedures shall prejudice the rights of either Party. 7.6 At the request of either Party, the Parties may enter into an agreement to toll the statute of limitations as between them with respect to the subject matter of a dispute while the Parties pursue the dispute resolution process. Provided, that if either Party reasonably determines that circumstances require immediate action regarding a third party to prevent or mitigate significant cost, injury, damage, or loss, or that delay in initiating or prosecuting a claim against a third party in litigation would irrevocably prejudice a Party, then such Party may pursue any immediate remedy available at law or in equity against such third party prior to or during the dispute resolution procedures in this Section 7. 8. INSURANCE 8.1 Metro acknowledges that the City maintains a Self-Insurance Program with additional coverage. The City agrees to maintain coverage for all the City’s liability exposures for the duration of this Agreement. The City agrees that nothing in this Section 8 shall limit or modify the City’s indemnity obligations under this Agreement. The City shall require its contractors to: (1) carry general liability, automobile liability, pollution liability, and professional liability, as applicable to Page 7 of 20 their work described in this Agreement.; (2) to name King County, its officers, officials, employees and agents as additional insured on all general liability, automobile liability, and pollution liability policies covering the work described in this Agreement; and (3) to include King County as an indemnified party pursuant to any agreement regarding such work. 8.2 The City acknowledges that the County maintains a Self-Insurance Program covering its liabilities. The City understands and agrees that King County is a self- insured governmental entity and does not purchase Commercial General Liability insurance; therefore, King County does not have the ability to name an entity as an additional insured. Metro agrees to maintain, through the County’s Self- Insurance Program or an alternative risk of loss financing program, coverage for all its liability exposures for the duration of this Agreement. Metro agrees that nothing in this Section 8 or in the County’s Self-Insurance Program shall limit or modify Metro’s indemnity obligations under this Agreement. The provisions of this Section 8 shall survive any termination or expiration of this Agreement. 9. INDEMNIFICATION 9.1 To the maximum extent permitted by law, each Party shall protect, defend, indemnify and save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the Project or this Agreement and caused by, arising out of,or resulting from each Party’s own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own contractors, subcontractors, and their employees and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity in Section 9.1 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 the indemnified Party with a full and complete indemnity of claims made by the indemnitor’s employees. 9.2 The Parties acknowledge that the indemnity provisions of this Section 9were specifically negotiated and agreed upon by them. Each Party shall require similar Page 8 of 20 indemnification language in all contracts with contractors or subcontractors entered into in conjunction with this Agreement. 9.3 The provisions of this Section 9 shall survive any expiration or termination of this Agreement. 10. NOTICE; DESIGNATION OF AGREEMENT ADMINISTRATORS 10.1 Any notice permitted or required to be given by either Party shall be given in writing and may be effected by: certified United States mail, with return receipt requested, properly addressed, postage prepaid; or by reputable overnight delivery service; or by personal service. Notice shall be deemed given two (2) business days after deposit in the U.S. mail as specified in the preceding sentence; or upon delivery (or refusal of delivery) by an overnight delivery service or by personal service. 10.2 All notices, including Dispute Resolution notices, shall be given to the “Agreement Administrators.” A Party may change their Agreement Administratorsby providing notice to the other Party. The initial Agreement Administrators are as follows: King County Metro Irin Limargo, Supervisor, Capital Planning - Speed & Reliability 201 S Jackson St KSC-TR-0426 Seattle, WA 98104 (206) 477-5809 Martin Pastucha, Public Works Administrator City Hall, 5th Floor City of Renton 1055 So. Grady Way Renton, WA 98057 (425) 430-7311 mpastucha@rentonwa.gov CC: Cityclerk@rentonwa.gov 11. CHANGE ORDERS 11.1 The City shall not alter the Scope of Work as set forth in Section 2 without prior written approval from Metro in the form of a change order (“Change Order”) except in situations where changes are deemed urgent by the City. In the event of an urgent change, the City may seek verbal or informal written approval (e.g. Page 9 of 20 telephone, email, and fax) from Metro’s Agreement Administrator in order to implement the change, PROVIDED THAT the City shall submit a formal written change order to Metro as soon as possible thereafter. Under no circumstances shall the City institute an urgent change without first receiving verbal or informal written approval from Metro consistent with this Section 11.1. 11.2 Change Orders will be handled under City procedures and shall document all modifications to the scope, schedule, or budget of the Scope of Work and must be signed by the Parties. The Parties shall number each Change Order and keep a copy of any Change Order. 12. RECORDS AND AUDIT 12.1 During construction of all improvements covered by this Agreement and for a period not less than six (6) years from the date of completion of all improvements or for the retention period required by law, whichever is greater, records and accounts pertaining to the work performed under this Agreement and accounting therefor shall be kept available for inspection and audit by representatives of the Parties. Copies of the records shall be furnished upon request. Records and accounts shall be maintained in accordance with applicable state law and regulations. 13. EFFECTIVE DATE; DURATION AND EXTENSION 13.1 This Agreement shall take effect upon the latest date on which one of the Parties executes this Agreement, after both have signed this Agreement, and shall remain in effect until June 30, 2024 or until the Project is completed as described Section 2, whichever comes first. 13.2 The Parties may agree in writing to extend or renew the term of this Agreement at any time prior to its expiration. Such extension or renewal shall be executed in the form of an amendment to the Agreement prior to the effective date of extension or renewal. 14.TERMINATION 14.1 Either Party may terminate this Agreement for its convenience by giving written notice as required under Section 10. After notice of termination under this Section 14.1 has been given, the Parties will meet to determine the disposition of any outstanding Work. The Parties can either negotiate a close out to all outstanding Work or the Parties can negotiate to complete all outstanding Work. In any case, the Agreement will terminate at the latest completion date agreed upon for all outstanding approved Work in place at the time the termination notice is deemed Page 10 of 20 given under Section 10.1. 14.2 Subject to, and after exhausting the dispute resolution process set forth in Section 7 of this Agreement, either Party may terminate this Agreement if the other Party has materially breached this Agreement. Written notice of such termination and a description of the breach must be given by the Party terminating this Agreement to the other Party not less than thirty (30) days prior to the effective date of termination. The breaching Party shall be given this 30-day period in which to cure its material breach (or, if such breach reasonably requires more than 30 days to cure, the breaching Party shall commence such cure within the 30-day period). If the breaching party fails to cure within 30 days (or fails to commence to cure a breach reasonably requiring more than 30 days), the Agreement shall be immediately terminated effective at 11:59 PM on the thirtieth day. Upon termination, the Parties shall determine final costs and payments to be made by each Party in order to close out this Agreement and any Work not yet completed under it. 14.3 Consistent with K.C.C. 4A.100.070.D.2.a, Metro’s obligations under this Agreement that extend beyond the current biennial budget cycle are contingent upon appropriation by the King County Council of sufficient funds to pay such obligations. Metro may unilaterally terminate this Agreement for lack of appropriation, and Metro’s costs associated with such a termination, if any, shall not exceed Metro appropriation for the Project in the biennium in which termination occurs 14.4 If Metro shall terminate for cause, or if the City terminates for convenience, the Parties will work together to resolve any outstanding project costs, taking into consideration the scope of work completed prior to termination. If the Parties cannot come to a mutual resolution, the Parties will enter the Dispute Resolution process set forth in Section 7 of this Agreement. 15. GENERAL TERMS AND CONDITIONS 15.1 Entire Agreement. This Agreement, including the Exhibits attached hereto constitutes the entire agreement of the Parties with respect to the subject matter hereof and may not be modified or amended except by a written agreement specifically referring to this Agreement and signed by all Parties hereto. All other agreements between the Parties regarding the Project, whether oral or in writing, are hereby superseded. Page 11 of 20 15.2 Legal Relations. This Agreement is solely for the benefit of the Parties hereto and creates no right, duty, privilege, or cause of action in any other person or entity not a party to it. No joint venture or partnership is formed as result of this Agreement. No employees or agents of one Party or its contractors shall be deemed, or represent themselves to be, employees of the other Party. 15.3 Compliance with Laws. The Parties shall comply, and shall ensure that their respective contractors and subcontractors comply, with all Federal, state, and local laws, regulations, and ordinances applicable to the work and services to be performed under this Agreement. 15.4 Amendments. Except as otherwise provided for in this Agreement, all changes to the Agreement shall be made in writing through an amendment. No oral statement or other conduct by either Party shall change or modify the Agreement. 15.5 Remedies Cumulative. The Parties’ rights and remedies in this Agreement are in addition to any other rights and remedies provided by law or equity. 15.6 Non-waiver. A Party’s failure to require full and timely performance of any provision of this Agreement at any time shall not waive or reduce that Party’s right to insist upon complete and timely performance of any other provision thereafter. 15.7 Choice of Law; Venue. This Agreement shall be interpreted in accordance with the laws of the State of Washington, without reference to its conflicts of law rules or choice of law provisions. Subject to the dispute resolution provisions contained herein, the Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 15.8 Survival. The provisions of Sections 8, 9, 10, 12, and 15 shall survive the expiration or earlier termination of this Agreement. 15.9 Severability. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. 15.10 No Expenditure In Excess of Appropriation. Nothing in this Agreement shall be construed as obligating either Party to expend money in excess of appropriations Page 12 of 20 authorizedby law and administratively allocated for the work contemplated inthis Agreement. 15.11 Nondiscrimination. Neither Party shall discriminate on account of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, or age except by minimum age and retirement provisions, and neither Party shall enter into any contract with any person, firm, organization, corporation or other nongovernmental entity that discriminates on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression, or age except by minimum age and retirement provisions. The Parties shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, chapter 49.60 RCW and Titles VI and VII of the Civil Rights Act of 1964. [Signatures on Next Page] Page 13 of 20 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date affixed to their signatures. CITY OF RENTON _____________________________________Effective Date 10/11/2022 Armondo Pavone, Mayor Date Attest: __________________________ Jason Seth, City Clerk Approved as to Form By: Approved by Cheryl Beyer via email 8/24/2023 & 11/14/2024 ______________________________________________ Shane Moloney City Attorney Clb 2-8-23 (2416) KING COUNTY METRO _______________________________, Mark Ellerbrook, Capital Division Director Metro Transit Approved as to Form By: ________________________________, Name Andrew King, King County Prosecuting Attorney’s Office 11/20/2024 DATE: July 23, 2020 FILE: X5541521241-WO6-FIGURES DATE: July 23, 2020 FILE: X5541521241-WO6-FIGURES DATE: July 23, 2020 FILE: X5541521241-WO6-FIGURES Date:8-Nov SPM Job #:27089 RE:Bus Lane Improvements Project:BID NUMBER 22-0526 2022 THERMAL PLASTIC PAVEMENT MARKING CAG-22-260 Item Description Quantity Unit Unit Price Total CO1 6 EA RED MMA BOX PER SDOT SPEC 2,244.00 SF 17.00 38,148.00 3 FT LEGENDS/SYMBOLS, MMA 50.00 EA 350.00 17,500.00 TRAFFIC CONTROL 1.00 LS 10,550.00 10,550.00 Total 66,198.00 W/Tax 73,148.80 Specialized Pavement Marking, LLC. proposes to furnish all labor, equipment and materials necessary to complete referenced project. Quote good for 30 days from above date, after which time a price adjustment may be necessary. City of Renton to provide intial location for placement. By: Mark Price, President Accepted by: CHANGE ORDER ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of 15 (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check- system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. 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