HomeMy WebLinkAboutContract CAG-19-338
INTERAGENCY AGREEMENT BETWEEN KING COUNTY (WASTEWATER
TREATMENT DIVISION) AND THE CITY OF RENTON FOR ACCESS IMPACTS
IN CONJUNCTION WITH
THE EASTSIDE INTERCEPTOR SECTION 2 REHABILITATION PHASE II
PROJECT
THIS AGREEMENT (the "Agreement") is made and entered into by and between the City of
Renton, a municipal corporation (the "City") and King County (the "County"), a political
subdivision of the State of Washington, both of which are located in and existing under the laws
of the State of Washington. The County and City may also be collectively referred to as the
"Parties" and individually as a"Party."
RECITALS
A. WHEREAS, King County started construction of the Eastside Interceptor Section
2 Rehabilitation Project (the "Project"), to extend the useful life of the County's wastewater
conveyance system in the south portion of King County's regional wastewater service area. The
Project includes rehabilitating approximately 3,900 linear feet of conveyance pipelines in the
City. The Project is being constructed for the County by Kiewit Infrastructure West Co. (the
"Contractor") pursuant to King County Contract CO1307C18; and
B. WHEREAS, the construction work in the City of Renton includes mobilization,
site preparation, grading, shoring, excavation, lighting, ventilation, storage of equipment and
construction materials, stockpiling materials, storm water handling, loading and unloading
trucks, locating utilities (potholing), and the installation of a bypass system; and
C. WHEREAS, King County applied for and received from the City expedited
permits (Public Agency Agreements C18006273) for the Project including, a Street Use/Right of
Way permit,Noise Variance,building permit, and land use permit (collectively referred to as the
"City Permits"); and
D. WHEREAS the construction of the Project has necessarily resulted in the
disturbance of Logan Avenue and the closure of a portion of Burnett Avenue, both requiring
restoration, at the completion of the Project. During the permitting review, the City indicated that
it would require the County to restore the disturbed paving, landscaping, and sidewalks
(collectively referred to as the "Rehabilitation and Restoration Work") as part of the County's
compliance with the City Permits for the Project.
E. WHEREAS, the Contractor's construction crews are already mobilized for the
Project.
NOW THEREFORE, it is mutually agreed as follows: RECEIVED
DEC 19 2019
Transportation Systems
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1. PURPOSE
The purpose of this Agreement is to set forth the mutual rights, responsibilities and obligations of
the City and the County for the Rehabilitation and Restoration Work.
2. DURATION
This Agreement shall become effective immediately upon execution by the Parties hereto and shall
remain in effect until completion by the Parties of all obligations under this Agreement.
3. COUNTY RESPONSIBILITIES
3.1. Lead Agency. The County shall act as the lead agency for the Rehabilitation and
Restoration Work. Except as otherwise provided herein, the County shall be responsible for
construction, including but not limited to contract and project administration.
3.2. Construction Responsibilities. The County shall:
(a) finalize design and construction for the Rehabilitation and Restoration Work,
based on the City's design;
(b) administer the construction of the Rehabilitation and Restoration Work by
the Contractor; and
(c) maintain records for the Rehabilitation and Restoration Work.
3.3. Easements. County shall obtain any necessary temporary and/or permanent easements for
the construction of the Rehabilitation and Restoration Work.
4. CITY RESPONSIBILITIES
4.1. City Standards/Permits. The City has provided applicable City design standards and
specifications for the Rehabilitation and Restoration Work. The City shall promptly approve and
issue all applicable City permits required for the Rehabilitation and Restoration Work; such
permits shall not be unreasonably withheld, conditioned or delayed.
4.2. Acceptance of Work. The City shall, within ten (10)business days after it receives
notification from the County that the Rehabilitation and Restoration Work is Substantially
Complete issue to the County either(a) a written notification of any deficiencies in the form of a
punch list or(b) a letter of acceptance of the Rehabilitation and Restoration Work.
If the City does not issue a punch list or letter of acceptance within ten (10)business days of
receiving notification of Substantial Completion of the Rehabilitation and Restoration Work,
then such work shall be deemed accepted by the City, subject to the prerequirements associated
with City Permits and for the two-year maintenance period.
If the City notifies the County of any punch list items and the County agrees with the punch list
items, then the Contractor shall complete the punch list items and the County and City shall
perform a joint inspection of the Rehabilitation and Restoration Work to verify completion of the
punch list items. Once the agreed-upon punch list items are completed, then the Rehabilitation
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and Restoration Work shall be deemed accepted by the City, subject to the prerequirements
associated with City Permits and for the two-year maintenance period.
If the County disagrees with any or all of the City's proposed punch list items, then the matter
shall be referred to dispute resolution pursuant to Section 8 of this Agreement.
Upon the acceptance or deemed acceptance of the Rehabilitation and Restoration Work by the
City, the City will assume ownership and control of the Rehabilitation and Restoration Work
including, without limitation, responsibility for all operations, maintenance, and security after the
two-year maintenance period.
4.3. Rehabilitation and Restoration Work Site / Contractor Interaction. The County shall be
responsible for inspection of the Project, including the Rehabilitation and Restoration Work and
shall designate a Project Inspector who reports to the Project Representative who administers the
Project contract.The City at its sole cost may designate its own site inspector for the Rehabilitation
and Restoration Work if it deems such action necessary. Should the City inspector identify a
discrepancy or variance from the approved plans and specifications, the City inspector shall
contact the County Project Inspector first and, if unavailable, then the Project Representative,
second, to implement any corrective action. City, and its employees, representatives, agents, and
inspectors shall not provide any direction directly to the Contractor — all such direction to the
Contractor shall be provided solely through the County's Project Inspector or Project
Representative. -
5. PAYMENT
5.1. Compensation for Impacts. In addition to the performance of the Rehabilitation and
Restoration Work,the County shall compensate the City for impacts to Logan and Burnett Avenue
in the amount of$250,000.
5.2. Release and Discharge. The City agrees that the County's payment of the amount set
forth in this Section 5 and its completion of the Rehabilitation and Restoration Work described in
this Agreement shall fully satisfy and discharge the County's obligations under the City Permits
and also that such consideration fully mitigates and compensates the City for any and all temporary
and permanent impacts to the City from the Project for the two-year maintenance period.
6. HOLD HARMLESS AND INDEMNIFICATION
6.1. The City shall hold harmless,indemnify and defend the County,its officers, appointed and
elected officials, employees and agents, from and against any and all claims, actions, suits,
liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and
attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, caused by or arising out of the City's negligent or intentional acts, errors or
omissions in the performance of this Agreement and arising by reason of the City's participation
in the Rehabilitation and Restoration Work; PROVIDED, HOWEVER, that the City's obligation
hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole
negligence of the County, its officers, elected and appointed officials, employees or agents;
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PROVIDED FURTHER, that in the event of the concurrent negligence of the Parties to this
Agreement,the City's obligations hereunder shall apply only to the percentage of fault attributable
to the City, its officers, officials, employees or agents. The City expressly and specifically agrees
that its obligations under this paragraph extend to any claim, action, suit, liability, loss, expense,
damage and/or judgment brought by or on behalf of any of its appointed or elected officials,
employees and/or agents. For this purpose,the City,hereby expressly and specifically waives,with
respect to the County only, any immunity that would otherwise be available against such claims
under the Industrial Insurance provisions of Title 51 RCW.
6.2. The County shall hold harmless, indemnify and defend the City, its officers, appointed and
elected officials, employees and agents, from and against any and all claims, actions, suits,
liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and
attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, caused by or arising out of the County's negligent or intentional acts, errors
or omissions in the performance of this Agreement and arising by reason of the County's
participation in the Rehabilitation and Restoration Work; PROVIDED, HOWEVER, that the
County's obligation hereunder shall not extend to injury, sickness, death or damage caused by or
arising out of the sole negligence of the City, its officers, elected and appointed officials,
employees or agents; PROVIDED FURTHER, that in the event of the concurrent negligence of
the parties to this Agreement,the County's obligations hereunder shall apply only to the percentage
of fault attributable to County, its officers, elected employees or agents. The County expressly
and specifically agrees that its obligations under this paragraph extend to any claim, action, suit,
liability, loss, expense, damage and/or judgment brought by or on behalf of any of its appointed or
elected officials, employees and/or agents. For this purpose, the County, hereby expressly and
specifically waives,with respect to the City only, any immunity that would otherwise be available
against such claims under the Industrial Insurance provisions of Title 51 RCW.
7. TERMINATION
7.1. For Default. Either Party may terminate this Agreement, in whole or in part, in writing, if
the other Party substantially fails to fulfill any or all of its obligations under this Agreement
through no fault of the other Party, provided that insofar as practicable, the Party terminating the
Agreement shall give written notice of intent to terminate at least thirty(30) calendar days prior
to the date of termination stating the manner in which the Party has failed to perform the
obligations under this Agreement; and an opportunity for the Party to cure the default within at
least thirty(30) calendar days of the notice of intent to terminate. In such case, the Notice of
Termination will state the time period in which cure is permitted and any other appropriate
conditions. If the Party receiving the notice fails to remedy the default or the breach to the
satisfaction of the other Party within the time period established in the Notice of Termination or
any extension thereof, granted by the Party not at fault, this Agreement shall be deemed
terminated.
7.2. For Convenience. This Agreement may be terminated for the convenience of the Parties
subject to the provisions of subsection 7.3 below.
7.3. Duties of Parties upon Termination. Upon termination of this Agreement for default or
the convenience of the Parties, the Parties agree to work together cooperatively to develop a
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coordinated plan for transferring work completed up to the time of termination and determining
reasonable contract close-out costs. A termination by any Party shall not extinguish or release
either Party from liability, claims or obligations to third parties existing as of the time of
termination. Any costs incurred prior to proper notification of termination will be borne by the
Parties in accordance with the terms of this Agreement. The Indemnification and Insurance
provisions set forth in this Agreement and all remedial provisions shall survive termination of
this Agreement.
7.4. Lack of Appropriation. In addition to termination as set forth above, the Parties may
terminate this Agreement, in whole or in part, in writing, for lack of appropriation. If expected or
actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth
in this Agreement, or in any amendment hereto, a Party to this Agreement may, upon written
notice to the other Party, terminate this Agreement in whole or in part subject to the provisions of
Section 7.3. Such termination shall be in addition to the Parties' rights to terminate for
convenience or for cause.
8. DISPUTE RESOLUTION
8.1. Procedure. The Parties will work collaboratively in accordance with the following steps
to resolve disagreements arising from activities performed under this Agreement. Disagreements
will be resolved promptly and at the lowest level of authority. The Parties shall use their best
efforts to resolve disputes and issues arising out of or related to this Agreement. In the event of a
dispute, the disputing Party shall notify the other Party in writing of any problem or dispute which
the disputing Party believes needs formal resolution. This written notice shall include: (1) a
description of the issue to be resolved; (2) a description of the difference between the Parties on
the issue; and (3) a summary of steps taken by the disputing Party to resolve the issue. The Parties
shall meet within three(3)business days of receiving the written notice and attempt to resolve the
dispute. In the event the Parties cannot resolve the dispute, then the City Public Works Director
or his/her designee and the County Director of Natural Resources and Parks or his/her designee
shall meet within seven(7)business days of receiving notice and engage in good faith negotiations
to resolve the dispute.
8.2. Exhaustion. The Parties agree that they shall have no right to seek relief under this
Agreement in a court of law until and unless each of these procedural steps is exhausted;provided
that this requirement shall not apply if the applicable statute of limitations will run during the time
that may be required to exhaust the procedural steps set forth above.
9. NOTICES
Any notice required to be given by either party to the other pursuant to the provisions of this
Agreement or any law,present or future, shall be in writing and shall be deemed to have been
duly given or sent if either delivered personally or deposited in the United States Mail, postage
prepaid, addressed to the following: .
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COUNTY CITY
Wastewater Treatment Division City of Renton
KSC-NR-0507 Public Works
Attn: Matoya Darby Attn: Vangie P. Garcia
201 S. Jackson Street 1055 South Grady Way
Seattle, WA 98104-3855 Renton, WA 98057
All notices issued under this Agreement shall be deemed received on the second business day after
being deposited in the United States mail, or if personally delivered, at the time they are actually
hand delivered to the addressee or if sent by facsimile, upon automatic or telephone confirmation
of receipt. Each Party may change its notice address set forth in this section by giving notice of a
new address to the other party in accordance with this section.
10. GENERAL LEGAL PROVISIONS
10.1. Recitals. The Recitals are incorporated into the Agreement.
10.2. No Joint Venture or Partnership. No joint venture or partnership is formed as a result of
this Agreement. No employees or agents of either Party or any of either Party's contractors or
subcontractors shall be deemed, or represent themselves to be, employees of the other Party.
10.3. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the
State of Washington in effect on the date of execution of this Agreement. The Superior Court of
King County in Seattle, Washington shall have exclusive jurisdiction and venue over any legal
action arising under this Agreement.
10.4. Headings. Section titles or other headings contained in this Agreement are for convenience
only and shall not be part of this Agreement, nor be considered in its interpretation.
10.5. 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.
10.6. 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 person and no other such person shall be entitled to be treated as a third party beneficiary
of this Agreement.
10.7. No Waiver. Neither payment nor performance by a Party shall be construed as a waiver of
the other Party's rights or remedies against the Party. Failure to require full and timely
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performance of any provision at any time shall not waive or reduce the right to insist upon complete
and timely performance of such provision thereafter.
10.8. Entire Agreement. This Agreement shall constitute all terms, conditions, and provisions
agreed upon by the Parties with respect to the Rehabilitation and Restoration Work. No
modification or amendment of this Agreement shall be valid or effective unless evidenced by an
agreement in writing signed by both Parties.
10.9. Interpretation. This Agreement is and shall be deemed jointly drafted and written by each
of the Parties to it, and it shall not be construed or interpreted against any of the Parties
originating or preparing it.
10.10. Severability. If any provisions of this Agreement are held invalid by a court of competent
jurisdiction,the remainder of this Agreement shall not be affected thereby if such remainder would
then continue to serve the purposes and objectives originally contemplated.
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement, effective on the latest
date shown below. The signatories below represent and warrant that they possess the authority to
execute this Agreement and bind their respective entities.
CITY OF RENTON COUNTY
Waste at Tre t Division
By: l�// By: i
Denis Law Date Isaacson ate
Mayor Wa water Treatment Div. Director
Attest -
Eiv ���i
Jas A. Seth -1 �%,,,,,,,, ,,,,rO .
Ci Clerk = '' s.
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Approved as to form on y�noRA,, °�6^;' Approved as to form only:
1 to I74 VI 9, By:
CITY Attorney Date Sr. Dep. Prosecuting Attorney Date