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HomeMy WebLinkAboutCOW 2008-07-28 Item 4A - Agreement - Tukwila International Boulevard Phase II and Phase III with Water District #125 and Valley View Sewer District COUNCIL AGENDA SYNOPSIS •kti' rnttia I1 :MNo. o f <I Meeting Date 1 Prepared 1 Mayor's review 1 �Qunci1 review +i1� r f 2 07/28/08 1 M� j(A Ism 08/04/08 1 M 1 C rsoa I I I I Q ITEM INFORMATION CAS NUMBER: 08-093 I ORIGINAL AGENDA DATE: JULY 28, 2008 AGENDA ITEIM TITLE Tukwila International Blvd (TIB) Phase II III Street Improvement Project Third Party Utility Coordination Agreements CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 07/28/08 Mtg Date 08/04/08 Mtg Date Mtg Date Mtg Date iliftg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIS/ SPONSOR'S The TIB Phase II III Improvement Project requires coordination with several third party SUMMARY utilities that will require utility relocation within the project boundary. Coordination agreements with Water District 125 and Valley View Sewer District will help the City actively manage the project, control costs and reduce delays as all designs will be incorporated into our construction contract. All of Water District 125 and Valley View Sewer District's improvement costs will be reimbursed to the City by the districts. REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA I'P:: 07/15/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the two coordination agreements. Comm rrEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: Water District 125 and Valley View Sewer District will reimburse the City. MTG. DATE 1 RECORD OF COUNCIL ACTION 07/28/08 08/04/08 MTG. DATE ATTACHMENTS 07/28/08 Information Memo dated July 15, 2008 (revised after 7/15 TC) Coordination Agreement with Water District 125 Coordination Agreement with Valley View Sewer District Transportation Committee Meeting Minutes from July 15, 2008 08/04/08 INFORMATION MEMO To: Mayor Haggerton From: Public Works Directo Date: July 15, 2008 Subject: Tukwila International Boulevard (TIM Phase II III Project Project #95 -RWO3 Third Party Utility Coordination Agreements ISSUE Authorize the Mayor to sign the Interlocal Coordination Agreements for the TIB Phase II III Street Improvement Project. BACKGROUND The TIB Phase II III Street Improvement Project requires coordination with several third party utilities that have facilities which will require relocation within the project boundary. Two of these utilities are owned and operated by districts which do not hold franchise utility agreements with Tukwila. These districts have agreed to complete the relocations and adjustments within the TIB right of way as part of the City's construction contract. ANALYSIS Having control of the relocation effort through these Coordination Agreements helps the City actively manage the project, control costs and reduce delays since most of the new infrastructure can be more efficiently incorporated into the project construction than performed by the utility districts directly. We are also better equipped to manage disruptions to traffic on TIB if the work integrated into our contractor's scope crosses the roadway is integr e of work. p Water District 125 and Valley View Sewer District's designs will be incorporated into our bid documents with the costs separated into different bid schedules for direct reimbursement by monthly invoice. The entire cost for the District's improvements will be reimbursed by the Districts. The agreements also establish the relocation timeframe for any removal of conflicting utilities and protect the City from the costs of unexpected utility conflicts found during construction. RECOMMENDATION Authorize the Mayor to sign coordination agreements with the third party utilities listed below. Water District 125 (Price determined by bid) Valley View Sewer District (Price determined by bid) Attachments: Third Party Utility Coordination Agreement between the City and Water District 125 Third Party Utility Coordination Agreement between the City and Valley View Sewer District P:\PROJECTS\A- RW RS Projects\95RW03 TIB2\Info Memo 7 -15 -08 Coordination Agreements- VV &WD125.doc I■ COORDINATION AGREEMENT BETWEEN THE CITY OF TUKWILA AND WATER DISTRICT 125 REGARDING WATERLINE RELOCATION IN CONJUNCTION WITH THE TIB Phase 2 &3 STREET IMPROVEMENT PROJECT (95- RW -03) THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation "City and Water District 125, a Washington municipal corporation "Water District 125" or "District ")(individually a "Party" and collectively the "Parties II RECITALS improvements ("City Work") the City is making right-of-way p ty to Tukwila International Blvd between S 13 9th and S 116th Way; and WHEREAS, Water District 125 has certain water infrastructure that will be affected by the planned improvements "District Work and will need to be relocated in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions of the District Work into one construction project (the "TIB Phase 2 &3 Project" or "Project Work whereby the right -of -way pavement will be disturbed only once. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: AGREEMENT 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor ("Contractor") for the construction of the District Work as described and depicted on the Bid Documents dated June 2008 for the TIB Phase 2 &3 Project. 2. RESPONSIBILITIES OF THE PARTIES A. KING COUNTY WATER DISTRICT 125, 1) Water District 125 shall provide to the City any engineered drawings, specifications, construction standards, quantities, and cost estimates required for the District Work. The drawings shall show in detail the location, quantity, and size of the piping, meters, hydrants, and valve boxes to be affected by the Project Work. 2) Water District 125 shall review the portion of the Project's final drawings and specifications for the District Work and shall approve or reject those drawings and specifications in writing within seven (7) days of receipt. Failure to respond within S: \TIB Phase 2 &3 95- RW03\#.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 1 of 9 the prescribed review period will signify the District's approval of the final contract documents. 3) Water District 125 shall provide the inspection services needed for overseeing the proper installation of the District Work. Water District 125's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. 4) Water District 125 shall notify its customers of the Project, perfofin any water system shut downs necessary for the District Work, and notify its customers of any scheduled water service interruptions related to the Project. 5) Water District 125 shall provide any new water meters required for its existing connections at no cost to the City or its contractor. 6) Water District 125 shall provide all water permits required for its existing connections at no cost to the City or its contractor. 7) Water District 125 shall remove, adjust or relocate, any existing water facilities, which are owned or operated by the District, not included in the Project Work and are in conflict with the proposed City Work, within the timeline described in Exhibit B Timeline and Schedule. 8) Water District 125 shall maintain continued coordination with the City regarding the performance of the District Work. This coordination shall include but not be limited to the following: a. Water District 125 will attend the Project bid opening and pre-construction J p b meeting. b. City will provide Water District 125 a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change as provided in the contract documents. Water District 125 will proactively review the proposed schedule and provide timely feedback of any concerns or potential impacts that the Contractor's work schedule or methods will have on the District's customers. Any changes required to the Contractor's schedule or methods to limit the adverse impacts to the District's customers will be negotiated in good faith through the City's contracting process. c. Water District 125 will attend weekly construction meetings. d. Water District 125 will evaluate completion of the District Work using the requirements of this Agreement and notify the City of any Defective or Unauthorized work at least once a month through the contract payment process. Failure to give written notice to the City of any Incomplete, Defective, or Unauthorized work within two (2) business days of the District receiving the Contractors Request for Payment from the City will signify the District's acceptance of the work submitted for payment by the contractor for that period. B. CITY 1) The City will incorporate Water District 125's design for the District Work into the Project construction contract documents. The City will advertise for bids, evaluate S: \TIB Phase 2 &3 95- RW034=1.005 Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 WD125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 2 of 9 bids, and award a construction contract for the Project "Project Contract to the lowest responsible bidder (the "Contractor The City shall administer the Project Contract and monitor the Contractor's activities. 2) The City shall require the Contractor to install and perfoinu the District Work in accordance with the Project's final plans and specifications. 3) The City will provide all flagging and traffic control, including Unifoinued Officers when required, for the District Work. 4) The City will provide Water District 125 with not less than five (5) working days written notice prior to the start of water construction to allow Water District 125's scheduling of the on -site Tnspector. 5) City will schedule and attend weekly construction meetings with the City's Contractor, Water District 125, and other franchise utilities involved in the Project. 6) The City will provide Water District 125 the Contractor's Request for Payment for the District Work within three (3) days of receiving a request from the Contractor. 3. COST ALLOCATION The City has no responsibility for costs related to the District Work. The costs shown on any exhibit to this document or on subsequent engineers estimates are estimates only. The final District cost will be based on the actual lump sum and/or unit bid price and quantities on the "WD 125 Water System Work" as generally described in Exhibit A, included in the Project Bid Documents, as adjusted by construction change orders. Water District 125 will also be responsible for the following City's costs: A. Water Facility Installation. Water District 125 agrees to pay the actual cost that the City incurs for constructing the District Work as defined in the- Project Bid Documents. B. Adjustments and Relocations. Water District 125 agrees to pay the actual costs the City incurs for adjustments and relocations of the District's water service lines, meter boxes, hydrants and valve boxes throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Additional Expenses. Water District 125 agrees to pay any additional expenses incurred in installing the District Work due to any over excavation required or any other unforeseen conditions related to the District Work which reasonably require additional work and expense, including any additional trench width or depth attributable to errors in Water District 125's design or conflicts not accounted for in Water District 125's design. Any changes to the District Work perceived as necessary by the Contractor, and any Change Orders therefore, must be approved in writing by Water District 125 in advance of such changes to the District Work. D. Consultant Costs Construction Management. Water District 125 agrees to pay the actual cost that the City incurs, including consultant costs, for incorporating the District Work, and any Change Orders therefore, into the Project's construction contract documents and the City's cost for construction management and inspection coordination. S: \TIB Phase 2 &3 95- RWO3\.#.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement 06- 19 -08.doc (Printed 6/19/08) Page 3 of 9 E. Invoice. Water District 125 agrees to pay the City within forty -five (45) days of receiving a correct invoice from the City for completed work approved by the District and which Water District 125 has agreed to pay under this Agreement. Failure to pay on time may result in a Stop Work Order being issued for the District Work and possible claims of delay by the contractor. F. Final Acceptance. The City shall provide Water District 125 with written notice of completion of the District Work. The District inspector shall perform final inspection of the District Work within five (5) days of written notice. The District shall, within two (2) business days of its fmal inspection, provide to the City written final acceptance of the District Work, or, alternatively, provide an itemized and detailed response why final acceptance of the District Work cannot be given. If the District fails to respond to the City within the prescribed timeline, the District shall be deemed to have given fmal acceptance of the District Work. Upon final acceptance of the District Work, the City shall assign its rights under the Project Contract relating to the District Work to the District, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the District Work. The City shall also require the City's Contractor, as a condition of the Project contract, to provide a bond to insure that the District Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work. Water District 125 reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work perfouuled by the Contractor; provided, the District shall be deemed to have waived this right as to any part of the District Work that has been accepted by the District. This waiver shall not waive any claim by the District against the Contractor for any defective, incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors to completed District Work following District acceptance. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not confomi to the requirements of this Agreement, and extra work and materials furnished without Water District 125's written approval. H. As -Built Drawings. The City shall provide the District with "as built" drawings for the District Work following the City's fmal acceptance of the Project Work. 4. WITHDRAWAL FROM AGREEMENT Should Water District 125, upon review of the bid, which is acceptable to the City, elect not to have the City's contractor install the District Work, Water District 125 shall promptly issue to the City written notice of withdrawal from this agreement and this agreement shall terminate. Water District 125 shall be responsible to reimburse the City for its reasonable costs related to the District Work through the date of termination. It will then be the responsibility of Water District 125 to coordinate and install their facilities in a time and manner that will not delay the City's contractor. Water District 125 shall be responsible for any delay to the City's project due to Water District 125's water relocation work. S: \TIB Phase 2&3 95- RWO31i1.005 Design ReviewlUtility Coordinationl3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 4 of 9 5. CHANGES After the City executes a contract with the Contractor, Water District 125 shall submit any changes requested to be perfoinled by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Water District 125 of this price. Prices supplied for Water District 125 change orders may be subject to determination by the Engineer in conformance with subsection 1 -04.4 of the 2008 WSDOT Standard Specifications. Water District 125 shall have two (2) business days from receiving the price from the City within which to respond to the City. If Water District 125 chooses not to accept the Contractor's price then this work shall only be performed by Water District 125 according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDENPNIFICATION A. Mutual Indemnification. Each Party shall defend, indemnify and hold the other Party, its officers, officials, employees and agents harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the perfoimance of the Party's work required under this Agreement, except to the extent such injuries and damages are caused by the sole negligence or willful misconduct of the other Party. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, the indemnification set forth herein shall be valid and enforceable only to the extent of each Party's negligence. These claims may include delays caused by installing the District Work, delays caused by the District providing materials, failure to remove, relocate or replace conflicting utilities in accordance with the timelines established in this Agreement, or any other conflicts between the Contractor and Water District 125. Water District 125 at its sole expense shall have the right to defend any claims made by the Contractor relating to the District Work if the District determines all or any part of the claim is not valid. The provisions of this section shall survive the expiration or termination of this Agreement. B. Title 51. Solely for the purposes of enforcement of this Agreement, each Party hereby waives its immunity under industrial insurance, Title 51 RCW. The Parties mutually negotiated this waiver. C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and save Water District 125 and its elected and appointed officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against the District caused by or relating to the Contractor's perfoiinance of the District Work. D. Safety. The City shall require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the perfoimance of the Project Work. The Contractor shall be required to comply with all applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. S: \TIB Phase 2&3 95- RWO3\#.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 5 of 9 7. INSURANCE A. District Obligation. Water District 125 shall procure and maintain for the duration of the District Work insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the perfoimance of the work by the District, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self insured retention shall be the sole responsibility of the District. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no Q occurrence and 2 000 000 general aggregate less than $1,000,000 single limit per occurren g ggz' ate for g personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property damage explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. B. Contractor Obligation. The contract between the City and the Contractor shall require that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. Water District 125 shall be named as additional insured on the insurance policy. A copy of the endorsement naming Water District 125 as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of construction by the Contractor. The Contractor's insurance coverage shall be primary and non contributory insurance as respects the Districts insurance listed above. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property damage explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not less than $3,000,000 per occurrence and aggregate. S: \113 Phase 2 &3 95- RW03\#.005 Design Review\Utility Coordination\3rd Party Coordination Agreements \TIB Ph2&3 WD125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 6 of 9 8. FRANCHISE AGREEMENT The City and Water District 125 agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under an existing franchise agreement between the City and Water District 125, and the City and Water District 125 expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Water District 125's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Water District 125's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise required. The District shall retain the rights of exclusive use, regulation and control of the completed District Work and full ownership of the District Work including, but not limited to, the right to sell, transfer or assign its rights in and to the District Work. 9. MISCELLANEOUS A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of rights contained herein, or to exercise any option terms and n Y tion herein conferred in one or p g more instances, shall not be constructed to be a waiver or relinquishment of those teirus and rights and they shall remain in full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that venue and rules of the King dispute shall be available only through the jurisdiction, g p Y County Superior Court, King County, Washington. D. Attorney's Fees. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise agreed by both parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is emailed, delivery shall become effective upon an acknowledgment of receipt of the email. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each affected party. G. Severability. If any one or more sections, sub sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. S: \TIB Phase 2 &3 95- RW03\#.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 WD 125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 7 of 9 H. Relationship. It is understood and agreed that no agency, employment, joint venture, co- employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. I. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of "force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. S: \TIB Phase 2&3 95- RWO3\#.005 Design Review \Utility Coordinationl3rd Party Coordination Agreements \TIB Ph2 &3 WDI25 Coordination Agreement 06- 19 -08.doc (Printed 6/19/08) Page 8 of 9 IN WITNESS WHEREOF, the parties below have executed this Agreement. WATER DISTRICT 125 CITY OF TUKWILA bY: /1(4:0, by: Print Name: At &a k Print Name: Title: sum tr► Title:(Mavorl DATE: +D— iri—c& DATE: Notices to be sent to: Notices to be sent to: WATER DISTRICT 125 CITY OF TUKWILA Attn: yvi,4 -g.k stems Attn: Bob Giberson Re-). Re- c 4> 91, 1 Public Works Department c t L NA, ()Sit, i 6300 Southcenter Blvd., Ste 100 exsaas Yaa� O ts°r g1c'r j (email) Tukwila, WA 98188 (telephone) baiberson( ci.tukwila.wa.us 2_04— 2_ q -174 (facsimile) 206 433 -0179 (telephone) 206- 431 -3665 (facsimile) APPROVED AS TO FORM: Shelley Kerslake, City Attorney S: \TIB Phase 2&3 95- RW03\:.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 9 of 9 TIB Ph2 /3 (95- RW -03) Exhibit A e Scope of Work WD 125 Water System Work The following Scope of Work will be included in the Project Work following the execution of a Coordination Agreement for the Project listed above. The District will be responsible for paying these costs by compensation to Tukwila as detailed in the Coordination Agreement and the relevant attachments. Additional costs may be assessed to the District as allowed by the Agreement and/or as detailed below. See MEASUREMENT AND PAYMENT section below for detailed descriptions of Bid Items. BID SCHEDULE D ITEM ITEM QUANTITY UNIT TOTAL NO. DESCRIPTION PRICE AMOUNT 1. 8" Class 52 D.I., RJ, Pipe Fittings (w /full depth crushed rock) 196 LF Price in Words 2. Connection to Existing Water Main 2 EA Price in Words 3. Additional Fittings 500 LBS Price in Words 4. 8" HMA Pavement Patch 100 SY Price in Words 5. 6" HMA Pavement Patch 105 SY Price in Words 6. Plug Existing Main 1 EA Price in Words 7. 18" Steel Casing 9 LF Price in Words 8. Trench Safety LS Price in Words S: \TIB Phase 2 &3 95- RW03\#.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement Exhibit A.doc 06/192008 Page 1 of 4 MEASUREMENT AND PAYMENT GENERAL The Contract price shall constitute full compensation for furnishing all plant, labor, materials and equipment for performing all the work operations required to construct and complete items as shown on the drawings and as specified herein. The Contract price shall include all overhead costs, transportation, insurance, profit and any other information costs related to the work. Payment for the complete work shall be considered full compensation and shall include all minor items required for a complete job, but not specifically mentioned in the Contract Documents and items mentioned in the Contract Documents, but not having a specific pay item. CL 52 D.P. PIPE AND FITTINGS (Items 1) Measurement and payment for new Water Main shall be per lineal foot of pipe laid, tested and approved, and shall be measured along the pipe through fittings, valves and couplings. Items to be included in the bid price shall include but shall not necessarily be limited to: a) Mobilization. b) Clearing, grubbing and disposal of all cleared material. c) Excavation of all materials of whatever nature encountered. d) Sheeting, bracing and dewatering, when necessary. e) Hauling and disposal of unused native material or any excess material. f) Furnishing, installing, and testing pipe and fittings. g) Furnishing, placing and compacting bedding material. h) Placing and compacting crushed gravel backfill for trench. The per lineal foot of pipe laid shall include crushed rock bedding and full depth backfill. i) All restrained joints as shown on the plans and not paid for elsewhere. j) Compaction. k) Flushing. I) Pressure and sanitary testing. m) Traffic control. n) Temporary support of utility poles and existing structures as required. o) Blocking of pipe and fittings. p) Finish grade of trench. q) Finish and clean project area. S: \TIB Phase 2&3 95- RWO3\#.005 Design Review \Utility Coordination`3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement Exhibit A.doc 06/19/2008 Page 2 of 4 CONNECTION TO EXISTING 6 or 8" WATERMAIN (ITEM 2) This item shall include furnishing all materials, labor and equipment to provide a connection between the proposed water main tee or cross and the existing water main. The work shall include fittings, excavation, shoring, dewatering, backfill, compaction, thrust blocks, cleanup and all incidental items. Basis for payment will be the unit price for each (EA) connection to the existing system for all costs associated to furnish required fittings, restraint systems, piping, blind flanges, concrete, excavation, backfilling, compaction, shoring dewatering as required, testing, potholing in advance of connection and all other incidental work required to make the new connection and secure the abandoned pipe. Valves shall be paid for under a separate bid item. ADDITIONAL FITTINGS (Item 3) This item shall include all labor, materials, and equipment for additional fittings required as agreed by the District. Additional fittings will be paid at the unit price bid per pound in accordance with AUVWA Standards weights. No additional payment will be allowed for following glands, restraint, blocking, bolts or gaskets. Payment for additional fittings shall be only for permanently installed fittings not shown on the plans. HMA PATCH 8" 6" Thick) (Item 4 &5) The unit of measurement for HMA Patch shall be the square yard of HMA patch installed. The unit price per square yard includes all the costs of material and labor for furnishing and installing compacted HMA patch in areas disturbed by the water main trench and in those locations directed by the Engineer. Included shall be the cost of providing and removing temporary cold -mix patch. PLUG BLOCK EXISTING MAIN (Item 6) The unit price per each shall cover the costs of all labor and equipment necessary to excavate, expose and cut, plug, cap or blind flange and block existing mains to be abandoned. The unit price also includes the cost of removing all existing valves, boxes and fittings to allow the main to be plugged and the cost of all material and labor necessary for backfill and restoration. 18" STEEL CASING (Item 7) The unit of measurement for "18" Steel casing shall be per lineal foot of casing installed. The unit price per lineal foot includes all the costs of material and labor for furnishing and installing the 18" steel casing including casing spacers, and the casing seals at each end in accordance with standard detail 18. S: \TIB Phase 2 &3 95- RW03\#.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 WD 125 Coordination Agreement Exhibit A.doc 06/19/2008 Page 3 of 4 TRENCH SAFETY (Item 8) The completed work described in these contract documents and all applicable codes, ordinances and laws shall constitute the lump sum work for this item as listed in the proposal. The lump sum price bid for this item shall constitute full compensation for providing a safe trench environment, in compliance with Washington Industrial Safety and Health Act (RCW 49.17) and safety and health standards such as Safety Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), General Occupational Health Standard (Chapter 296 -22 WAC) and any other appropriate safety and health codes. ADDITIONAL COST ITEMS The Contract Documents will provide additional provisions for Extra Work which cannot l be completely e quantified at the time of bid. These work items will be included in the bid 1 Force Account line items in a separate as either Unit Price or Fo arate schedule from the p "WD 125 Water System Work" and will be billed according to the proportion of Extra Work associated with each specific utility. Two examples of such Extra Work items include "Potholing" and "Resolution of Utility Conflicts The p otholing item will be used to assess potential conflicts between planned 1 located durin g Work and existing District utilities, which were not accurately Wok Y J g impact that a conflict creates with the Project design, and the RUC item will track any imp J Work as bid. The District acknowledges that approval of the final contract documents, which includes these Extra Work items, signifies its acceptance of these items as a method of reimbursement up to the maximum approved by Tukwila's contract authority. The District will be given the option to perform any required Extra Work with their own forces, use one or more of these Extra Work items, or approve a Change Order to include the work in the City's compensation. contract for additional com ensation. In either case any impact to be assessed against the District if the Extra Work delays the la the project schedule may b g Y P project completion date and the District could have anticipated and avoided the delay. The impact will be charged to the District at the rate to be determined by the Project Engineer on a case by case basis as allowed in the DOT Standard Specifications and applicable law. S: \TIB Phase 2 &3 95 -RW031 .005 Design Review\Utility Coordination\3rd Party Coordination Agreements \TIB Ph2&3 WD125 Coordination Agreement Exhibit A.doc 06/19/2008 Page 4 of 4 TIB Ph2 /3 (95- RW -03) Exhibit B Water District 125 Work Timeline and Schedule 1) The District will be provided, through appropriate contract language, a minimum of sixty (60) days written Notice of Pending Conflict by the City's contractor for all known utilities which require removal or relocation to avoid hindering the progress of project construction. This notice will include utilities which have not been designated as part of the District Work to be performed by the Contractor as Project Work. 2) For utility relocation requiring cut over of existing services a sixty (60) day work window will be provided to the utility, including thirty (30) days to install and energize new water mains and other necessary infrastructure, fifteen (15) days to complete transfer of existing services to the new system (assuming previous service routes can be reused or new service routes are in place), and fifteen (15) days to remove the obsolete utilities. 3) Minor utility adjustments which do not require cut over of existing services to new infrastructure will be given a fifteen (15) day work window to adjust utilities to avoid conflict. 4) In all cases the work window will start when utility crews have full and unrestricted access to the relocation zone and any applicable infrastructure included in the contract designed to accept the relocated utility is in place. Note All time intervals will be measured in Calendar days. S: \TIB Phase 2 &3 95- RWO3\#.005 Design Review\Utility Coordinationt3rd Party Coordination Agreements \TIB Ph2 &3 WD125 Coordination Agreement Exhibit B.doc 06/19/2008 Page 1 of 1 COORDINATION AGREEMENT BETWEEN THE CITY OF TUKWILA AND VALLEY VIEW SEWER DISTRICT REGARDING SEWER FACILITY ADJUSTMENTS IN CONJUNCTION WITH THE TIB Phase 2 &3 STREET IMPROVEMENT PROJECT (95- RW -03) THIS AGREEMENT is entered into between the CITY OF TUKWILA, a Washington municipal corporation "City and Valley View Sewer District, a Washington municipal corporation "Valley View" or "District ")(individually a "Party" and collectively the "Parties RECITALS WHEREAS, the City is making right -of -way improvements "City Work to Tukwila International Blvd between S139th and S 1 I6th Way; and WHEREAS, Valley View Sewer District has requested that certain sewer facility adjustments "District Work be made in conjunction with the City Work; and WHEREAS, the Parties recognize the efficiencies of combining the City Work and portions of the District Work into one construction project (the "Project" or "Project Work") whereby the right -of -way pavement will be disturbed only once. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: AGREEMENT 1. SCOPE OF WORK The City will advertise for bids and enter into a contract with a contractor "Contractor for the construction of the District Work as described and depicted on the Bid Documents dated June 2008 for the TIB Phase 2 &3 Project. 2. RESPONSIBILITIES OF THE PARTIES A. VALLEY VIEW SEWER DISTRICT 1) Valley View Sewer District shall provide to the City any engineered drawings, specifications, construction standards, quantities, and cost estimates required for the District Work. The drawings shall show in detail the location, quantity, and size of the piping, side services and manhole structures. 2) Valley View Sewer District shall review the portion of the Project's final drawings and specifications for the District Work and shall approve or reject those drawings and specifications in writing within seven (7) days of receipt. Failure to respond within the prescribed review period will signify the District's approval of the final contract documents. S \TIB Phase 2 &3 95- RWO3!#.005 Design Review\Utility Coordinationl3rd Party Coordination Agreements\TIB Ph2&3 ValView Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 1 of 9 3) Valley View Sewer District will provide the inspection services needed for overseeing the proper installation of the District Work. Valley View Sewer District's inspector will coordinate with the City's inspector, and the City's inspector will give all direction to the contractor. 4) Valley View Sewer District will provide all structural materials necessary to perform the relocation/adjustments included in the District Work as specified in this Agreement. 5) Valley View Sewer District will notify its customers of the Project, perform any sewer system shut downs necessary for the District Work, and notify its customers of any scheduled sewer service interruptions related to the Project. 6) Valley View Sewer District shall remove, adjust or relocate, any existing sewer facilities, which are owned or operated by the District, not included in the Project Work and are in conflict with the proposed City Work, within the timeline described in Exhibit B Timeline and Schedule. 7) Valley View Sewer District shall maintain continued coordination with the City regarding the performance of the District Work. This coordination shall include but not be limited to the following: a. Valley View Sewer District will attend the Project bid opening and pre construction meeting. b. City will provide Valley View Sewer District a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change as provided in the contract documents. Valley View Sewer District will proactively review the proposed schedule and provide timely feedback of any concerns or potential impacts that the Contractor's work schedule or methods will have on the District's customers. Any changes required to the Contractor's schedule or methods to limit the adverse impacts to the District's customers will be negotiated in good faith through the City's contracting process. c. Valley View Sewer District will attend weekly construction meetings. d. Valley View Sewer District will evaluate completion of the District Work using the requirements of this Agreement and notify the City of any Defective or Unauthorized work at least once a month through the contract payment process. Failure to give written notice to the City of any Incomplete, Defective, or Unauthorized work within 2 (two) business days of the District receiving the Contractors Request for Payment from the City will signify the District's acceptance of the work submitted for payment by the contractor for that period. B. CITY 1) The City will incorporate Valley View Sewer District's design for the District Work into the Project construction contract documents. The City will advertise for bids, evaluate bids, and award a construction contract for the Project "Project Contract") to the lowest responsible bidder (the "Contractor"). The City shall administer the Project Contract and monitor the Contractor's activities. S:1TIB Phase 2&3 95- RWO3\9.005 Design ReviewlUtility Coordinationl3rd Party Coordination AgreenentslTIB Ph2&3 ValView Coordination Agreement 06- 19- 08.doe (Printed 6/19/08) Page 2 of 9 2) The City shall require the Contractor to install and perform the District Work in accordance with the Project's final plans and specifications. 3) The City will provide all flagging and traffic control, including Uniformed Officers when required, for the District Work. 4) The City will provide Valley View Sewer District with not less than five (5) working days written notice prior to the start of sewer construction to allow Valley View Sewer District's scheduling of the on -site Inspector. 5) City will schedule and attend weekly construction meetings with the City's Contractor, Valley View Sewer District, and other franchise utilities involved in the Project. 6) The City will provide Valley View Sewer District the Contractor's Request for Payment for the District Work within three (3) days of receiving a request from the Contractor. 3. COST ALLOCATION The City has no responsibility for costs related to the District Work. The costs shown on any exhibit to this document or on subsequent engineers estimates are estimates only. The final District cost will be based on the actual Iump sum and/or unit bid price and quantities on the "Valley View Sewer System Adjustments" as generally described in Exhibit A, included in the Project Bid Documents, as adjusted by construction change orders. Valley View Sewer District will also be responsible for the following City's costs: A. Sewer Facility Installation. Valley View Sewer District agrees to pay the actual cost that the City incurs for constructing the District Work as defined in the Project Bid Documents. B. Adjustments and Relocations. Valley View Sewer District agrees to pay the actual costs the City incurs for adjustments and relocations of the District's sewer system throughout the Project limits as reasonably required to match grades or avoid conflicts with proposed City improvements. C. Additional Expenses. Valley View Sewer District agrees to pay any additional expenses incurred in installing the District Work due to any over excavation required or any other unforeseen conditions related to the District Work which reasonably require additional work and expense, including any additional trench width or depth attributable to errors in Valley View Sewer District's design or conflicts not accounted for in Valley View Sewer District's design. Any changes to the District Work perceived as necessary by the Contractor, and any Change Orders therefore, must be approved in writing by Valley View Sewer District in advance of such changes to the District Work. D. Consultant Costs Construction Management. Valley View Sewer District agrees to pay the actual cost that the City incurs, including consultant costs, for incorporating the District Work, and any Change Orders therefore, into the Project's construction contract documents and the City's cost for construction management and inspection coordination. S: \TIB Phase 14.3 95•RWO3W. 005 Design RevievAUtility Coordinationl3rd Party Coordination Agreements \TIB Ph2 &3 ValView Coordination Agreement 06- 19- 88.doe (Printed 6/19/08) Page 3 of 9 E. Invoice. Valley View Sewer District agrees to pay the City within forty -five (45) days of receiving a correct invoice from the City for completed work approved by the District and which Valley View Sewer District has agreed to pay under this Agreement. Failure to pay on time may result in a Stop Work Order being issued for the District Work and possible claims of delay by the contractor. F. Final Acceptance. The City shall provide Valley View Sewer District with written notice of completion of the District Work. The District inspector shall perform final inspection of the District Work within five (5) days of written notice. The District shall, within two (2) business days of its final inspection, provide to the City written final acceptance of the District Work, or, alternatively, provide an itemized and detailed response why final acceptance of the District Work cannot be given. If the District fails to respond to the City within the prescribed timeline, the District shall be deemed to have given final acceptance of the District Work. Upon final acceptance of the District Work, the City shall assign its rights under the Project Contract relating to the District Work to the District, including any warranties and maintenance obligations by and from the City's Contractor arising out of the Project Contract for the District Work. The City shall also require the City's Contractor, as a condition of the Project contract, to provide a bond to insure that the District Work is free from defects in workmanship and materials for a period of one (1) year following final acceptance of the Project Work by the City. G. Defective or Unauthorized Work Valley View Sewer District reserves the right to withhold payment from the City for any defective, incomplete or unauthorized work performed by the Contractor; provided, the District shall be deemed to have waived this right as to any part of the District Work that has been accepted by the District. This waiver shall not waive any claim by the District against the Contractor for any defective, incomplete or unauthorized work or to any damage inflicted by the Contractor or one of his subcontractors to completed District Work following District acceptance. Defective, incomplete or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Valley View Sewer District's written approval. H. As Built Drawings The City shall provide the District with "as built" drawings for the District Work following the City's final acceptance of the Project Work. 4. WITHDRAWAL FROM AGREEMENT Should Valley View Sewer District, upon review of the bid, which is acceptable to the City, elect not to have the City's contractor install the District Work, Valley View Sewer District shall promptly issue to the City written notice of withdrawal from this agreement and this agreement shall terminate. Valley View Sewer District shall be responsible to reimburse the City for its reasonable costs related to the District Work through, the date of termination. It will then be the responsibility of Valley View Sewer District to coordinate and install their facilities in a time and manner that will not delay the City's contractor. Valley View Sewer District shall be responsible for any delay to the City's project due to Valley View Sewer District's sewer facility adjustments. MIS Phase 2&3 95- RWO3\L005 Design ReviewwUtility Coordinationt3rd Party Coordination Agrccments\TIB Ph2&3 ValVicw Coordination Agreement 06- 19- 08.doe (Printed 6119/08) Page 4 of9 5. CHANGES After the City executes a contract with the Contractor, Valley View Sewer District shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor; obtain a price from the Contractor to perform the work, and notify Valley View Sewer District of this price. Prices supplied for Valley View Sewer District change orders may be subject to determination by the Engineer in conformance with subsection 1 -04.4 of the 2008 WSDOT Standard Specifications. Valley View Sewer District shall have two (2) business days from receiving the price from the City within which to respond to the City. If Valley View Sewer District chooses not to accept the Contractor's price then this work shall only be performed by Valley View Sewer District accordin g to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDEMNIFICATION A. Mutual Indemnification. Each Party shall defend, indemnify and hold the other Party, its officers, officials, employees and agents harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of the Party's work required under this Agreement, except to the extent such injuries and damages are caused by the sole negligence or willful misconduct of the other Party. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, the indemnification set forth herein shall be valid and enforceable only to the extent of each Party's negligence. These claims may include delays caused by installing the District Work, delays caused by the District providing materials, failure to remove, relocate or replace conflicting utilities in accordance with the timelines established in this Agreement, or any other conflicts between the Contractor and Valley View Sewer District. The District, at its sole expense, shall have the right to defend any claims made by the Contractor relating to the District Work if the District determines all or any part of the claim is not valid. The provisions of this section shall survive the expiration or termination of this Agreement. B. Title 51. Solely for the purposes of enforcement of this Agreement, each Party hereby waives its immunity under industrial insurance, Title 51 RCW. The Parties mutually negotiated this waiver. C. Contractor Obligation. The City shall require the Contractor to indemnify, defend and save Valley View Sewer District and its elected and appointed officials, employees, agents and volunteers harmless from any and all costs, claims, damages, judgments and liabilities against the District caused by or relating to the Contractor's performance of the District Work. D. Safety. The City shall require the Contractor to be solely and completely responsible for safety and safety conditions at the Project site, including the safety of all persons and property during the performance of the Project Work. The Contractor shall be required to comply with all applicable City, County and State rules, regulations, ordinances, orders and codes regarding safety. S:\TIB Phase 2&3 95 -RW6 .Od5 -Design ReviewtUtility Coordination \3rd Party Coordination Ageements\TIB Ph2&3 ValView Coordina6on Agreement 06- 19- 08.doc (Printed 6119/08) Page 5 of 9 7. INSURANCE A. 3 Party Utility Obligation. Valley View Sewer District shall procure and maintain for the duration of the District Work insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the District its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self insured retention shall be the sole responsibility of the District. 1) Automobile Liability insurance with limits no Iess than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property damage explosion, collapse and underground (XCU); and employer's liability; and 3) Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. B. Contractor Obligation. The contract between the City and the Contractor shall require II that the Contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. Valley View Sewer District shall be named as additional insured on the insurance policy. A copy of the endorsement naming Valley View Sewer District as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the City prior to commencement of construction by the Contractor. The Contractor's insurance coverage shall be primary and non contributory insurance as respects the Districts insurance listed above. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 1) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property damage explosion, collapse and underground (XCU); and employer's liability; and S:1TIB Phase 2&3 95- RWO3V.005 Design Revien hility Coordinationl3rd Party Coordination Agreements \TIB Ph2 &3 ValView Coordination Agreement 06- 19 -O&doc (Printed 6/19108) Page 6 of 9 3) Excess Liability insurance with limits not Iess than $3,000,000 per occurrence and aggregate. 8. FRANCHISE AGREEMENT The City and Valley View Sewer District agree that as to future projects, by entering into this Agreement, neither Party has waived any rights it may have under an existing franchise agreement between the City and Valley View Sewer District, and the City and Valley View Sewer District expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Valley View Sewer District's participation in the project contemplated in this Agreement, and its very participation in this Agreement, shall in no event be construed as a waiver of Valley View Sewer District's obligation to relocate underground utilities pursuant to the franchise agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future relocation projects that may be franchise required. The District shall retain the rights of exclusive use, regulation and control of the completed District Work and full ownership of the District Work including, but not limited to, the right to sell, transfer or assign its rights in and to the District Work. 9. MISCELLANEOUS A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict erformance of any of P Y the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the Contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. D. Attorney's Fees. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that the prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses Iisted on the signature page of this Agreement, unless otherwise agreed by both parties. Any written notice shall become effective upon delivery and shall be deemed sufficiently given if delivered to the addressee at the address stated on this Agreement. If notice is mailed, delivery shall become effective three (3) calendar days after the date of mailing by registered or certified mail. If notice is emailed, delivery shall become effective upon an acknowledgment of receipt of the email. S: \TIB Phase 2&3 95- RW031/0.005 Design Review\Utility Coordination\3rd Party Coordination Agreements\TIB Ph2&3 ValView Coordination Agreement 06- 19- 08.doc (Printed 6/14,08) Page 7 of9 F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each affected party. G. Severability. If any one or more sections, sub sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. H. Relationship. It is understood and agreed that no agency, employment, joint venture, co- employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. I. Force Majeure_ Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of "force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. S:\T1B Phase 2 &3 -95 Rw03\#.005 Design Review\Utility Coordinaiion\3rd Party Coordination Agreements \TiB Ph2&3 ValView Coordination Agreement 06- 19- 08.doc (Printed 6/19/08) Page 8 of9 IN WITNESS WHEREOF, the parties below have executed this Agreement. VALLEY SEWER DISTRICT CITY OF TUKWILA bv: by: Print Name: c<< c E Z— Print Name: Title: z fit Title:(Mavor) DATE: 6/2-0 b-c a b DATE: Notices to be sent to: Notices to be sent to: VALLEY VIEW SEWER DISTRICT CITY OF TUKWILA Attn: l7AY\t:1NtCXk Attn: Bob Giberson is y Public Works Department S P.take 1 L `36, c i t tr 6300 Southcenter Blvd., Ste 100 �A 0,-ve X v-r _,e.. rns (email) Tukwila, WA 98188 (goal Z42 -3Z3t o ZL7 (telephone) baibersoneci.tukwifa.wa.us 24-2. (facsimile) 206- 433 -0179 (telephone) 206 431 -3665 (facsimile) APPROVED AS TO FORM: Shelley Kerslake, City Attorney S:1TIB Phase 2 &3 95- RWO31#.005 Design Review \Utility CoordinationUrd Party Coordination Agreements \TTB Ph2&3 ValView Coordination Agreement 06- 19 -08.doc (Printed 6/19/08) Page 9 of9 TIB Ph2 /3 (95- RW -03) Exhibit A Scope of Work —Valley View Sewer System Adjustments The following Scope of Work will be included in the Project Work following the execution of a Coordination Agreement for the Project listed above. The District will be responsible for paying these costs by compensation to Tukwila as detailed in the Coordination Agreement and the relevant attachments. Additional costs may be assessed to the District as allowed by the Agreement and/or as detailed below. BID SCHEDULE E: Valley View Sewer System Adjustments ITEM ITEM QUANTITY UNIT TOTAL NO. DESCRIPTION PRICE AMOUNT 1. Install 1 foot 48" MH section 1EA Price in Words 2. Install 2 foot 48" MH section 1 EA Price in Words 3. Install 3 foot 48" MH cone 9 EA Price in Words 4. Replace Frame Cover w /Locking Frame and Cover 15 EA Price in Words 5. Adjust casting to Grade 15 EA Price in Words 6. Remove or Abandon /Fill Sewer Pipe /Casing 170 LF Price in Words 7. Abandon Sewer MH 1 EA Price in Words 8. Trench Safety LS Price in Words S: \TIB Phase 2 &3 95- RW03.005 Design Review \Utility Coordinationl3rd Party Coordination Agreements \TIB Ph2 &3 ValView Coordination Agreement Exhibit A.doc 06/25/2008 Page 1 of2 ADDITIONAL COST ITEMS The Contract Documents will provide additional provisions for Extra Work which cannot be completely quantified at the time of bid. These work items will be included in the bid schedule as either Unit Price or Force Account line items in a separate schedule from the "Valley View Sewer System Adjustments" and will be billed according to the proportion of Extra Work associated with each specific utility. Two examples of such Extra Work items include "Potholing" and "Resolution of Utility Conflicts The potholing item will be used to assess potential conflicts between planned Project Work and existing District utilities, which were not accurately located during design, and the RUC item will track any impact that a conflict creates with the Project Work as bid. The District acknowledges that approval of the final contract documents, which includes these Extra Work items, signifies its acceptance of these items as a method of reimbursement up to the maximum approved by Tukwila's contract authority. The District will be given the option to perfoun any required Extra Work with their own forces, use one or more of these Extra Work items, or approve a Change Order to include the work in the City's contract for additional compensation. In either case any impact to the project schedule may be assessed against the District if the Extra Work delays the project completion date and the District could have anticipated and avoided the delay. The impact will be charged to the District at the rate to be determined by the Project Engineer on a case by case basis as allowed in the DOT Standard Spec ifications and applicable law. S: \TIB Phase 2 &3 95- RWO34Y.005 Design Review \Utility Coordination\3rd Party Coordination Agreements \TIB Ph2 &3 ValView Coordination Agreement Exhibit A.doc 06/25/2008 Page 2 of 2 TIB Ph2 /3 (95- RW -03) Exhibit B Valley View Sewer Work Timeline and Schedule 1) The District will be provided, through appropriate contract language, a minimum of sixty (60) days written Notice of Pending Conflict by the City's contractor for all known utilities which require removal or relocation to avoid hindering the progress of project construction. This notice will include utilities which have not been designated as part of the District Work to be perfoinied by the Contractor as Project Work. 2) For utility relocation requiring cut over of existing services a sixty (60) day work window will be provided to the utility, including thirty (30) days to install and energize new water mains and other necessary infrastructure, fifteen (15) days to complete transfer of existing services to the new system (assuming previous service routes can be reused or new service routes are in place), and fifteen (15) days to remove the obsolete utilities. 3) Minor utility adjustments which do not require cut over of existing services to new infrastructure will be given a fifteen (15) day work window to adjust utilities to avoid conflict. 4) In all cases the work window will start when utility crews have full and unrestricted access to the relocation zone and any applicable infrastructure included in the contract designed to accept the relocated utility grl p Ity Is in place. Note All time intervals will be measured in Calendar days. S:\TIB Phase 2 &3 95- RW0313 Design Review \Utility Coordination\3rd Party Coordination Ag eements \TIB Ph2 &3 ValView Coordination Agreement Exhibit B.doc 06/25/2008 Page 1 of 1 City of Tukwila 2 Transportation Committee �r'soa TRANSPORTATION COMMITTEE Meeting Minutes July 15, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Jim Morrow, Bob Giberson, Peter Lau, Mike Ronda, Gail Labanara, and Kimberly Matej CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Green River Pedestrian Utility Bridge Repairs Contract Closeout Staff is seeking full Council approval for contract closeout and authorization to release retainage for the repair portion of the Green River Pedestrian Bridge project. The repair portion of the project costs totaled $98,295.55. Council recently awarded a contract for the painting of the bridge (see Transportation minutes dated June 24. 2008 and Council minutes dated July 7, 2008). UNANIMOUS APPROVAL. FORWARD TO JULY 21 REGULAR CONSENT AGENDA. B. Tukwila International Boulevard Phase II III Coordination Agreements Staff is seeking full Council approval to enter into Interlocal Coordination Agreements with King County Water District 125 and Valley View Sewer District for the Tukwila International Boulevard (TIB) Phase II and III Street Improvement Project. The TIB street improvements will require relocation of third party utility facilities that are within the project boundary. Since the City does not have existing franchise agreements with Water District 125 or Valley View Sewer District, the interlocal coordination agreements will allow the City to have active project management, control costs and reduce delays for Phase II III. Project costs for each entity will be determined by the final bid amount for the respective portion of the project. Committee members requested staff clarify in the memo to full Council that there will be no budget impact as a result of these agreements. Each district will be responsible for paying for their portion of utility relocation. Staff discussed Withdrawal from the Agreement (Section 4 of each agreement) which is essentially an escape clause that allows for termination of the agreement. If WD 125 or Valley View withdrawal, they would be required to coordinate and install their facilities in a manner that would not delay the City's contractor. UNANIMOUS APPROVAL. FORWARD TO JULY 28 COW FOR DISCUSSION. C. Tukwila 205 Levee Site 5 Retaining Wall Construction Management Supplement No. 5 with KBA, Inc. Staff is seeking full Council approval for Supplemental Agreement No. 5 to an existing contact with KBA, Inc. of Bellevue, Washington for construction management and inspection of the Tukwila 205 Levee Repair Project. The Supplemental Agreement is for $90,000; however, there is no budget impact as per an agreement with La Pianta, LLC who is responsible for reimbursement of this cost. Supplemental Agreement No. 4 to the above contract was for $24,000 and allowed KBA to begin providing immediate services. Supplemental Agreement No. 5 will allow the contractor to complete full -time construction management and inspection services for the project for a grand total of $114,000.00.