HomeMy WebLinkAboutContract CAG-19-059
GCB 2433
Coordinator Agreement
City of Renton
1-405 — Renton to Bellevue Widening and Express Toll Lanes Project
THIS Agreement (Agreement) is entered into by the City of Renton (CITY) and the Washington
State Department of Transportation (WSDOT), collectively referred to as the "Parties" and
individually referred to as "Party."
Recitals
1. WSDOT, in the interest of providing congestion relief in the 1-405 Corridor, proposes
improvements along 1-405 in a project known as the 1-405, Renton to Bellevue Widening
and Express Toll Lanes project (Project).
2. WSDOT will construct the Project using the design-build method of project delivery.
3. The design-build method of project delivery moves faster than in the typical design-bid-
build method of project delivery; therefore, expedited CITY review of the design elements
will be required.; and
4. The CITY does not have sufficient staff resources for the review and coordination of the
Project design elements within the expedited time frames of this Project without retaining
a CITY Project Coordinator.
5. The Parties deem it beneficial to have a CITY Project Coordinator to serve as a liaison for
the CITY to coordinate and expedite review of Project submittals.
6. WSDOT is committed to reimburse the CITY for costs that are directly related to services
rendered solely for the Project by a CITY Project Coordinator.
NOW, THEREFORE, pursuant to Revised Code of Washington (RCW) 39.34.080, which
authorizes a public agency to contract with another public agency to perform any governmental
service that each public agency is authorized to perform, and in consideration of the terms,
conditions, covenants, and performances contained herein,
IT IS MUTUALLY AGREED AS FOLLOWS:
1.0 DESIGNATED REPRESENTATIVES
1.1 The CITY Project Coordinator will serve as the CITY's Project liaison.
1.2 WSDOT's 1-405 Project Engineer will serve as the WSDOT's Project liaison.
2.0 GENERAL
2.1 WSDOT and the CITY agree that it is to the benefit of both Parties for WSDOT to fund the
temporary position of CITY Project Coordinator, in order to facilitate communication and
coordination between WSDOT and the CITY.
2.2 The individual serving in the capacity of CITY Project Coordinator shall be a Civil Engineer
III or greater.
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2.3 The CITY shall consult with WSDOT on its choice of the individual chosen to serve as the
CITY Project Coordinator. WSDOT shall have the authority to reject the individual the
CITY has chosen to fill the CITY Project Coordinator position.
2.4 The CITY may not replace the individual serving in the capacity of CITY Project
Coordinator without first receiving the written authorization of WSDOT.
2.5 The CITY Project Coordinator shall consult with WSDOT's 1-405 Project Engineer, on a
basis to be mutually agreed upon by WSDOT's 1-405 Project Engineer and the CITY, for
the purpose of Project activity and priority direction.
2.6 WSDOT shall only fund those hours worked by the CITY Project Coordinator for activities
directly related to the Project. All other hours not directly related to the Project worked by
the person serving as CITY Project Coordinator shall be paid by the CITY.
2.7 The Parties agree that WSDOT shall pay an all-inclusive flat-rate for work by the CITY
Project Coordinator, as outlined in Section 7.0.
2.8 The CITY may require the CITY Project Coordinator to work in excess of forty (40) hours
per week. Even if the CITY Project Coordinator works more than forty (40) hours per week
on Project-related activities, the CITY shall bill WSDOT, to the nearest fifteen (15) minute
increment, at the agreed upon all-inclusive flat-rate outlined in Section 7.0.
2.9 In the event the CITY Project Coordinator is absent, the CITY will assign a designee to
act in the stead of the CITY Project Coordinator. The designee shall also be subject to
the terms and conditions of Section 2.2. The CITY's designee acting on behalf of the CITY
Project Coordinator shall serve no more than ten (10) consecutive business days without
WSDOT approval. If the CITY Project Coordinator is absent for more than ten (10)
consecutive business days, the CITY shall name a replacement, temporary or otherwise,
subject to the terms and conditions outlined in Sections 2.2, 2.3, and 2.4.
2.10 If WSDOT is unable to resolve to its satisfaction a dispute regarding the CITY Project
Coordinator, upon following the dispute resolution process specified in Section 8.0, the
WSDOT shall have the authority to request a replacement to fill the CITY Project
Coordinator position.
2.10.1 WSDOT's written request for replacement shall be submitted to the CITY, and
the CITY shall have thirty (30) calendar days to comply. The CITY shall name a
replacement CITY Project Coordinator subject to the terms and conditions
outlined in Sections 2.2 and 2.3.
2.10.2 In the event that the CITY does not comply within thirty (30) calendar days, this
Agreement shall be considered terminated and the Parties will be released from
any further obligations under this Agreement.
3.0 CITY RESPONSIBILITIES
3.1 The CITY agrees to pay the CITY Project Coordinator and administer all employee
benefits in accordance with the CITY's employment policies.
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3.2 The CITY agrees that the CITY Project Coordinator shall be required to submit a monthly
activity report to the WSDOT of actual hours worked performing the tasks listed in Section
5.0. The activity report shall include an accounting of specific activities performed to
accomplish the tasks listed in Section 5. The activity report shall be submitted to the
WSDOT by the fifteenth (15) day of the month following any month in which the CITY
Project Coordinator had at least fifteen (15) minutes of work to report. WSDOT will review
the hours worked and, if accurate, will approve reimbursement to the CITY at the mutually
agreed upon rate identified in Section 7.1.
3.3 The CITY Project Coordinator will be responsible for facilitating all Project-related
communication between WSDOT and CITY staff as well as expediting CITY review of all
Project-related submittals. This coordination of efforts with WSDOT will take place
through WSDOT's 1-405 Project Engineer.
4.0 WSDOT RESPONSIBILITIES
4.1 WSDOT's 1-405 Project Engineer, or designee, will be responsible for facilitating all
Project-related communication between the CITY Project Coordinator and WSDOT staff
as well as providing Project-related submittals to the CITY Project Coordinator. This
coordination of efforts with the CITY will take place through the CITY Project Coordinator.
5.0 SCOPE OF WORK
5.1 The CITY Project Coordinator shall serve as a liaison between WSDOT's 1-405 Project
Engineer and CITY staff.
5.2 The CITY Project Coordinator shall represent the CITY in design-build task force meetings
and ongoing informal reviews during the design and construction of the Project, which is
estimated to be between April 2019 and December 2024. The CITY Project Coordinator
shall be responsible for informing the appropriate CITY staff of discussions and decisions
made at task force meetings and distributing agendas and meeting minutes prepared by
WSDOT.
5.3 The CITY Project Coordinator shall circulate Project submittals to appropriate CITY staff
and ensure timely CITY review. The CITY Project Coordinator shall be responsible for
expediting those reviews, with the goal of limiting the CITY's Project submittal review
period to the specific timeframes and conditions agreed upon in Section 3.0 of GCB 2476.
6.0 SUPERVISION AND INDEPENDENT CAPACITY
6.1 The CITY Project Coordinator engaged in the performance of this Agreement shall
continue to be an employee of the CITY and shall not be considered, for any purpose, to
be an employee of WSDOT.
6.2 The CITY shall be responsible for the supervision of the CITY Project Coordinator.
7.0 PAYMENT
7.1 WSDOT, in consideration of the faithful performance of work to be done by the CITY
Project Coordinator or authorized designee, agrees to pay the CITY an all-inclusive flat-
rate of Eighty Dollars ($80) per hour, which includes all costs and benefits outlined in
Sections 7.2 and 7.3, for a Civil Engineer III or higher. The all-inclusive flat-rate shall be
billed, to the nearest fifteen (15) minute increment, for all hours worked in order to perform
the specific tasks listed in Section 5.0. The Eighty Dollars ($80) per hour all-inclusive flat-
rate shall serve as full compensation to the CITY for each hour of work performed by the
GCB 2433 City of Renton Project Coordinator Page 3 of 6
CITY Project Coordinator, up to a maximum of three thousand (3000) hours. The hours
may be adjusted or increased based on the contract duration and as mutually agreed by
both Parties. 7.4 shall be amended accordingly by adjustment to 7.1
7.2 The Parties agree that the all-inclusive flat-rate shall be considered to include, but not be
limited to, all costs associated with administrative costs, travel expenses, overtime, as well
as medical insurance, retirement contributions, sick leave and vacation, and labor and
industry payments. The CITY shall bear all actual costs of employing the CITY Project
Coordinator that may be higher than the rate identified in Section 7.1.
7.3 The Parties agree that the all-inclusive flat-rate shall be considered to include all direct or
indirect costs for materials and supplies necessary for performance of the
position. Additionally, the all-inclusive flat-rate shall be considered to include, but not be
limited to, auto and travel expenses, lodging, use of computer equipment, office space
rental and utilities, office supplies, copy machines, or any other material costs. All costs
necessary for performance of the position that may exceed the all-inclusive flat-rate shall
be borne solely by the CITY.
7.4 The maximum amount payable by WSDOT to the CITY under this Agreement is Two
Hundred Forty Thousand Dollars ($240,000).
7.5 The CITY agrees to submit, not more than once a month, a billing to WSDOT summarizing
the hours worked each day by the CITY Project Coordinator. The monthly activity report
listed in Section 3.2 of this Agreement shall be submitted as an attachment to the monthly
billing.
7.6 Upon receipt of the monthly billing and the accompanying activity report, and upon
WSDOT concurrence of the hours worked, the WSDOT agrees to reimburse the CITY
within thirty (30) calendar days of receipt of an approved invoice.
8.0 DISPUTE RESOLUTION
8.1 In the event that issues arise regarding the CITY Project Coordinator that are not
addressed in this Agreement, the Parties agree to work quickly and collaboratively to
determine a resolution using the following guidelines.
8.1.1 Informal Resolution. The informal resolution process begins at the staff level and
is raised to higher organizational levels, if necessary. The levels of resolution are
described below.
8.1.1.1 The CITY's Project Coordinator and the WSDOT's 1-405 Project Engineer
shall jointly cooperate to informally resolve any dispute as quickly and
efficiently as possible.
8.1.1.2 If unresolved, the CITY's Deputy Public Works Administrator and the
WSDOT's 1-405 Construction Manager shall jointly cooperate to informally
resolve any dispute as quickly and efficiently as possible.
8.1.2 Written Notice. If the dispute cannot be resolved at any of the levels described
above, the CITY's Public Works Administrator and the WSDOT's 1-405 Project
Director shall notify each other in writing of any dispute needing resolution.
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8.2 Each Party agrees to compromise to the fullest extent possible in resolving the dispute in
order to avoid delays and minimize costs.
9.0 INDEMNIFICATION
9.1 The Parties shall protect, defend, indemnify, and hold harmless each other and their
employees, authorized agents, and/or contractors while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of
damages (both to persons and/or property), arising out of, or in any way resulting from,
each Party's obligations to be performed pursuant to the provisions of this Agreement.
The Parties shall not be required to indemnify, defend, or hold harmless the other Party if
the claim, suit, or action for injuries, death, or damages (both to persons and/or property)
is caused by the negligence of the other Party; provided that, if such claims, suits, or
actions result from the concurrent negligence of (a) WSDOT, its employees, authorized
agents, or contractors and (b) the CITY, its employees or authorized agents, or involves
those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall
be valid and enforceable only to the extent of the negligence of each Party, its employees,
authorized agents, and/or contractors.
9.2 WSDOT and the CITY agree that their obligations under this Section extend to any claim,
demand, and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Parties, by mutual negotiation, hereby waive, with respect to the
other Party only, any immunity that would otherwise be available against such claims
under the Industrial Insurance provisions of Title 51 RCW.
9.3 This indemnification and waiver shall survive the termination of this Agreement.
10.0 AMENDMENT
10.1 This Agreement may be amended or modified only by mutual agreement of the Parties.
Such amendments or modifications shall not be binding unless they are in writing and
signed by persons authorized to bind each of the Parties.
10.2 Either Party may request modifications to this Agreement. Such modifications shall be
mutually agreed upon by written amendments and/or supplements to this Agreement. No
variation or alteration of the terms of this Agreement shall be valid unless made in writing
and signed by authorized representatives of the Parties hereto.
11.0 ALL WRITINGS CONTAINED HEREIN
11.1 This Agreement contains all the terms and conditions agreed upon by the Parties to this
Agreement. No other understanding, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the Parties hereto.
12.0 GOVERNANCE
12.1 This Agreement is entered into pursuant to, and under the authority granted by, the laws
of the State of Washington and applicable federal laws. The provisions of this Agreement
shall be construed to conform to those laws.
13.0 EFFECTIVENESS AND DURATION
13.1 This Agreement is effective upon execution by both Parties and will remain in effect until
completion of the Project construction contract, or until GCB 2476, Renton Design-Build
Cooperative agreement, is terminated pursuant to the termination clauses of that
agreement, whichever occurs earlier.
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,
14.0 SEVERABILITY
14.1 If any provision of this Agreement, or any provision of any document incorporated by
reference, shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement that can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
Agreement, and to this end the provisions of this Agreement are declared to be severable.
15.0 TERMINATION
15.1 This Agreement may be terminated by either Party upon thirty (30) calendar days
advanced written notice to the other Party. WSDOT shall be responsible for reimbursing
the CITY for all hours worked by the CITY Project Coordinator under the terms of this
Agreement prior to the date of termination. WSDOT shall not be responsible for
reimbursing the CITY for any hours worked by the CITY Project Coordinator after the date
of termination of this Agreement, even if that work is directly related to the Project.
16.0 VENUE
16.1 In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties hereto agree that any
such action or proceeding shall be brought in the superior court situated in Thurston
County, Washington. It is further agreed that each Party shall be solely responsible for its
own costs and attorneys fees.
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as of the latest written
date below:
City of Renton Washington State
Department of Transportation
Signatu : Sign e:
ell- c —
Printed: Denis Law Printed: Kim Henry
Title: Mayor Title: I-405/SR 167 rogram Admin or
Date: a/7/1" Date:
Approved as to Form ppr ed'as to Form
PP Washington State
City of Renton Depa ent ► , -nsportation
Signature: Signature:
Printed: K(A.- �- <`��,�%ix..t-1 Prin d. L. `colt Lockwood
Title: City Attorney Title: Assi ant Attorney General
Date: .3 \,,r,wwIlinr,,,,
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Sign ure: c;'_' =; Printed: Jason Seth, City Clerk
k .,,.. -, . .s _ Date:
/( ' .«; .,: le ,-,..- i z 3/7//5
r� ''°,, OR.4TED 5`"e•.•'
GCB 2433 City of Renton Project Coordinator Page 6 of 6
RESOLUTION NO.
EXHIBIT "A"
GCB 2433
DESIGN-BUILD COORDINATOR AGREEMENT
CITY OF RENTON
I-405 - RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL
LANES PROJECT
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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
STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ("WSDOT")
ENTITLED "GCB 2433 DESIGN-BUILD COORDINATOR AGREEMENT CITY OF
RENTON I-405 — RENTON TO BELLEVUE WIDENING AND EXPRESS TOLL LANES
PROJECT."
WHEREAS, the City and WSDOT are authorized, pursuant to RCW Chapter 39.34, the
Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and
WHEREAS, WSDOT, in the interest of providing congestion relief in the 1-405
Corridor, proposes improvements along 1-405 in a project known as the 1-405, Renton to Bellevue
Widening and Express Toll Lanes project ("Project"); and
WHEREAS, WSDOT will construct the Project using the design-build method of project
delivery; and
WHEREAS, the design-build method of project delivery moves faster than in the typical
design-bid-build method of project delivery; therefore, expedited City review of the design
elements will be required; and
WHEREAS, the City does not have sufficient staff resources for the review and
coordination of the Project design elements within the expedited time frames of this Project
without retaining a City project coordinator; and
WHEREAS, the City and WSDOT deem it beneficial to have a City project coordinator to
serve as a liaison for the City to coordinate and expedite review of Project submittals; and
1
RESOLUTION NO.
WHEREAS, WSDOT is committed to reimburse the City for costs that are directly related
to services rendered solely for the Project by a City project coordinator; and
WHEREAS, the City and WSDOT intend on simultaneously entering into an interlocal
agreement to define their respective roles related to the design and construction of the project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with WSDOT entitled "GCB 2433 Design-Build Coordinator Agreement City of Renton
1-405— Renton to Bellevue Widening and Express Toll Lanes Project," attached hereto as Exhibit
"A" and incorporated by this reference.
PASSED BY THE CITY COUNCIL this day of , 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2019.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES:1796:1/2/19:scr
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