HomeMy WebLinkAboutAdden 2 CAG-64-764, Adden #2-14
CITY OF RENTON & SOOS CREEK WATER AND SEWER DISTRICT
SECOND ADDENDUM TO THE MARCH 27, 1964 CASCADE INTERCEPTOR
AGREEMENT SUBJECT: PHASE II - REHABILITATION AND MAINTENANCE OF THE
CASCADE INTERCEPTOR
THIS ADDENDUM is entered into this o2T day of 744.L4.' , 20/9, by and between
SOOS CREEK WATER AND SEWER DISTRICT, a Washington municipal corporation, hereinafter referred to
as "SOOS CREEK", and the CITY OF RENTON, a Washington municipal corporation, hereinafter referred
to as "RENTON", both being duly organized and existing under and by virtue of the laws of the State of
Washington,
WITNESSETH:
WHEREAS, RENTON and SOOS CREEK (operating as Cascade Sewer District) entered into an
agreement on or about March 27, 1964 pertaining to the construction, operation and maintenance of a
certain interceptor sewer line, hereinafter referred to as "Cascade Interceptor"; and
WHEREAS, some parts of the Cascade Interceptor are in need of rehabilitation; and
WHEREAS, It is in the best interest of RENTON and SOOS CREEK to rehabilitate those portions of
the Cascade Interceptor in immediate need and to perform additional maintenance and inspection on
the Cascade Interceptor in order to extend the useful life of those portions not in immediate need of
rehabilitation; now,therefore,
IT IS HEREBY AGREED by and between the parties hereto as follows:
1. Rehabilitation of Portions of the Cascade Interceptor. RENTON will design, permit, bid and
manage a project to rehabilitate the structures and sewer mains between manhole 5321-118 and 5321-
003, as shown on "Exhibit A" attached hereto, an approximate distance of Four Thousand Nine Hundred
(4,900) lineal feet. Rehabilitation will exclude that portion of the sewer main previously replaced or
rehabilitated in 2010 through 2012.
The total cost of the rehabilitation (including design, construction, etc.) is estimated at Seven Hundred
Thousand Dollars ($700,000). The total cost shall be divided such that RENTON will pay twenty percent
(20%) of the cost and SOOS CREEK will pay eighty percent (80%) of the cost. RENTON will invoice SOOS
CREEK, at the conclusion of the project for eighty percent (80%) of the actual costs incurred by RENTON
for the construction contract, and staff costs for design and construction management. Construction of
the rehabilitation of the remainder of the Cascade Interceptor will occur during the summer of 2015.
It is understood that RENTON may rehabilitate some sewer mains and/or manholes adjacent to the
Cascade Interceptor. If done as part of the same project, the additional work will be identified as a
separate schedule in the project and SOOS CREEK will not be responsible for participation in this work.
2. Administration of Change Orders. Requests for change orders by the Contractor regarding the
rehabilitation work shall be administered and resolved by RENTON; provided, however, that as SOOS
CREEK may be responsible for the majority of the cost of such change orders, SOOS CREEK shall be
provided notice of any change orders, together with all documentation related thereto. For any change
order requests that either separately or cumulatively would increase SOOS CREEK's project cost by more
than twenty percent (20%) of the amount of its obligation under the construction contract as awarded,
RENTON shall inform SOOS CREEK of RENTON's intended resolution. If within ten (10) calendar days of
SOOS CREEK's receipt of RENTON's notice, SOOS CREEK notifies RENTON that it disagrees with RENTON's
proposed resolution, then RENTON shall attempt to renegotiate the cost of any change order to the
mutual satisfaction of SOOS CREEK and RENTON. If mutual satisfaction cannot be reached between
RENTON and SOOS CREEK, then the parties shall use the dispute resolution process set forth in
Paragraph 3 below, in a good faith attempt to resolve the disagreement. The parties agree that
RENTON may proceed with change order work while undergoing the dispute resolution process, and
that RENTON's decision to proceed with change order work before settlement with SOOS CREEK or an
award in arbitration or a final judgment in court, is solely at RENTON's risk in the event of an adverse
final decision by binding arbitration or final judgment in court. However, the parties also agree that
should an amicable settlement of their dispute be reached on any change order work, or should
RENTON prevail in any dispute by binding arbitration or a final judgment in court,then SOOS CREEK shall
promptly pay RENTON for SOOS CREEK's share of the change order work within thirty (30) days of a
mutually agreed settlement, an award in arbitration or a final judgment.
3. Dispute Resolution. In the event that any dispute arises between the parties, and the parties
are unable to resolve the dispute through negotiations by the parties' representatives, the parties agree
to participate in a nonbinding, evaluation and mediation of their dispute at a mutually agreeable time
and location, prior to commencing any legal action to enforce this Agreement. Either party may request
that any dispute be submitted to evaluation and mediation at any time upon the giving of written notice
to the other party.
3.1 Selection of Mediator. Upon the giving of notice by either party as provided above, the
parties shall attempt to select a neutral person to mediate the dispute. If, after ten (10) days,
the parties cannot agree on any of the persons named, or if acceptable persons are unable to
serve, or if for any reason the appointment of a mediator cannot be made, either party may
request that a judge of the King County Superior Court at the Maleng Regional Justice Center in
Kent, King County, Washington, appoint a mediator to assist in the dispute resolution process or
the parties may, by agreement, seek other means of alternative dispute resolution by
arbitration.
3.2 Conflicts of Interest. Each party to this Agreement shall promptly disclose to the other any
circumstances known by it that would cause justifiable doubt as to the independence or
impartiality of any individual under consideration or appointed as a mediator. Any such
individual shall promptly disclose such circumstances to the parties. If any such circumstances
are disclosed,the individual shall not serve as mediator unless both parties agree in writing.
3.3 Compensation of Mediator. The mediator's charges shall be established at the time of
appointment. Unless the parties otherwise agree, the fees and expenses of the mediator shall
be split equally and each party shall bear its own costs and expenses.
3.4 Mediation Session. The mediation session is intended to provide each party with an
opportunity to present its best case and position to the other party and the mediator and for
the parties to receive opinions and recommendations from the mediator. The mediator shall
facilitate communications between the parties, identify issues, and generate options for
settlement or resolution of the dispute. The mediator shall also discuss with each party
separately the mediator's opinion and evaluation of the strengths and weaknesses of that
party's position. The terms of any settlement made by the parties as the result of the mediation
shall be set out in a written addendum to this Agreement.
3.5 Confidentiality. The dispute resolution process identified in this paragraph is a compromise
negotiation. The parties agree to maintain in confidence all offers, promises, conduct, and
statements, oral or written, made in the course of the mediation by either of the parties, their
agents, employees, experts, representatives or attorneys, or by the mediator and agree that the
same shall be deemed negotiations in pursuit of settlement and compromise and not admissible
or discoverable in subsequent legal proceedings pursuant to Washington Evidence Rule (ER)
408. The mediator shall be disqualified as a trial or deposition witness, consultant, or expert of
either party at trial or in the event the dispute is resolved by arbitration. This paragraph,
however, shall be subject to the Public Records Act, Chapter RCW 42.56.
3.6 Reservation of Rights. In the event that the parties are unable to resolve the dispute
through the dispute resolution process established in Paragraph 3 herein, the parties reserve
any and all other rights and remedies available to each of them regarding such dispute, including
binding arbitration with a single arbitrator, to be selected as in the same manner as a mediator
set forth above. Binding arbitration must be by mutual agreement of the parties. In the
absence of mutual agreement, any party reserves and retains its right to have the dispute
adjudicated in a court of competent jurisdiction.
4. Obligations Intact. Nothing herein shall be construed to alter the rights, responsibilities,
liabilities, or obligations of either RENTON or SOOS CREEK regarding provisions of sanitary sewer
services to their customers pursuant to any agreements previously executed by the parties, except as
specifically set forth herein.
Authorized by Resolution No. 4/2 2 of the City Council of the City of Renton, Washington, at its regular
meeting held on /P" day of , 20 /' .
� CITY OF RENTON
O F RFT,
' At: ter! Denis Law, Mayor Date
SEAL c, _ ATTEST:
64-n.h.(.4; -001st
T, �E Bonnie I. Walton, City Clerk Date
APPROV S TO LEGAL FORM:r�
Lawrence J. Warren,City Attorney
Approved by Resolution No.3 i 1 b- S of the Board of Commissioners of SOOS CREEK WATER AND
SEWER DISTRICT of King County, Washington, adopted at its regular meeting held on the 2.2.. day of
--174".3 JA , 20 144 .
S WATER A D SEWER DISTRICT
4(NN &Qc/1-
Ron Speer, Distric nager
EXHIBIT "A"
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Portion of Interceptor Previously Portion of Interceptor to be
Rehabilitated(2010-2012) Rehabilitated(Summer 2015)