HomeMy WebLinkAboutReg 2008-06-16 Item 8 - Agreement - Reimbursement with 1st Addendum for Tukwila 205 Levee Repair with La Pianta .:J.Ni�a, wgs
COUNCIL AGENDA SYNOPSIS
lP y Initials ITtM
1 ►P1� tit0 1 G3 Meeting Date j Prepared by 1 Mayor's review review
ki +Ds
0 6/09/08 1 JMITir Des
'a, 6/16/08 1 JF 'tm �S' 1
i u
1 1
ITEM INFORMATION
CAS NUMBER: 08-073 I ORIGI�i 1AL AGENDA DATE: JUNE 16, 2008
AGENDA ITEM TITLE Agreement for Reimbursement #08 -036) with First Addendum for La Pianta LLC to
construct a retaining wall as part of the Site 5 levee repair project.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 6/16/08 Mtg Date Mtg Date Mtg Date 1VItg Date Mtg Date:
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S La Pianta requested and the Corps consented to have La Pianta build the "betterment feature"
SUMMARY of a retaining wall along La Pianta's property as part of the Levee Repair Project. For La
Pianta to build the retaining wall, there must be an agreement between the City and La Pianta
that sets forth La Pianta's responsibilities for building the retaining wall and the criteria to
which it will be built.
REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: Council advised of this item during Staff Reports at 6/9/08 COW Meeting.
RECOMMENDATIONS:
SPONSOR /ADMIN. Council approve Agreement and Mayor sign Addendum
COMMITYEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
N/A N/A
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
6/09/08 Discussed issue with recommendation to forward to next Regular Council Meeting.
(Item raised during Staff Reports portion of 6/9/08 COW Meeting.)
6/16/08
MTG. DATE ATTACHMENTS
6/16/08 Information Memo dated June 10, 2008 with
Agreement for Reimbursement #08 -036)
First Addendum
INFORMATIONAL IVfEMORANDUM
To: Mayor and City Council
From: Public Works Director
Date: June 10, 2008
Subject: Levee Repair Projects Revised Design for Site 5
Agreement for Reimbursement with First Addendum
Issue:
Approve Agreement for Reimbursement with First Addendum for the construction of a retaining
wall as part of the Site 5 levee repair project.
Discussion:
Since being notified by the U.S. Army Corps of Engineers on February 5, 2008 that Tukwila's
205 Levee needed to be immediately repaired in order to retain its certification, the City, King
County Flood Control Zone District, and the Corps have diligently worked to create a design that
would minimize the impact to the abutting property owners. The paramount criteria however has
been to provide for:
1. Public safety;
2. Maintain levee certification;
3. Solutions that eliminate or correct factors that have caused or contributed to the problem;
4. Levee maintenance needs; and
5. Environmental considerations.
On May 22, 2008 La Pianta approached the U.S. Army Corps of Engineers to revise the design
to include the building of a retaining wall. If the retaining wall were included, Mr. Segale
committed to pay for all costs associated with the construction of the retaining wall, provide
without cost to the City or King County all easements needed to repair the levee, including a
flood protection easement, an access road easement to travel over Segale Drive A, a temporary
work area easement, and an easement for permanent access to the levee. The Corps agreed to
revise the design in light of these commitments from La Pianta. However, the Corps considers
the retaining wall along the property owned by La Pianta to be a "betterment feature" because it
increases the cost of the project without a commensurate public benefit or strengthened levee.
To add the retaining wall requires the City, as the levee sponsor, to sign a Cooperation
Agreement with the Corps wherein the City formally requests the addition of the retaining wall
and commits to pay for all additional costs associated with the revised design. The Corps placed
a deadline of May 30, 2008 for the Cooperative Agreement to be signed.
1
On May 27, 2008, the City Council authorized the Mayor to enter into the Cooperation
Agreement if four conditions were met, including an agreement between the City and La Pianta
for the reimbursement of all costs associated with the design and construction of the retaining
wall. All four conditions were met by the May 30 deadline and the Cooperation Agreement
with the Corps was signed on June 3, 2008.
La Pianta has now requested permission to construct the retaining wall in lieu of having the
Corps' contractor do the work. If La Pianta were to construct the retaining wall, La Pianta would
possibly realize a cost savings and the Site 5 Levee Repair Project could begin approximately 2
weeks earlier. Beginning the repair project sooner allows for more time to make the repairs
before the fall rainy season starts.
The Corps has consented to allow La Pianta to construct the levee retaining wall. However, it
requires the City, as the local sponsor, to manage the construction effort, inspect the work, and
ensure the work complies with the Corps' design and specifications. In order to meet these
requirements, there must be a formal agreement between the City and La Pianta.
Exhibit 1 is the agreement between the City and La Pianta for reimbursement of all costs
associated with the design and construction of the retaining wall. It is proposed that the
Reimbursement Agreement be modified to include an Addendum, Exhibit 2, for the construction
of the retaining wall by La Pianta.
In order to minimize the risk to the City, special care has been taken in the Addendum to identify
La Pianta's responsibilities for building the retaining wall and the criteria to which it will be
built. The following items have been included:
Scope of Work
Design, Specifications, Codes, and Standards
Quality Control/Quality Assurance Requirements
Coordination of Contractors
Submittals
Cost to the Parties
Construction Timeframes
2 -Year Guarantee Period
Indemnification
Recommendation
Council approves the Agreement for Reimbursement with First Addendum and authorizes the
Mayor to sign the Addendum.
Exhibits:
1. Reimbursement Agreement
2. First Addendum for the Construction of the Retaining Wall
2
off,- C3 Cd
AGREEMENT FOR REIMBURSEMENT
THIS AGREEMENT FOR REIMBURSEMENT "Agreement dated for reference purposes as
of the 3b of rn A■1 2008, is by and between LA PIANTA LLC, a Washington limited
liability corporation "La Pianta and the CITY OF TUKWILA, a Washington municipal
corporation "City
RECITALS
A. Flood Protection Project
1. The Levee
The U.S. Army Corps of Engineers "The Corps previously constructed a levee "The
Levee along the west bank of the Green River with the City. Pursuant to a previously
granted easement for flood control, a portion of the Levee is located on property owned by
La Pianta.
2. Levee Repair
The Levee was damaged during a storm, and the Corps has directed that certain repairs and
modifications be made immediately to the Levee in order to maintain the Levee's federal
certification, as well as to protect adjacent property owners and the public from flooding
"Levee Repair Project Pursuant to a "Local Cooperation Agreement" between the
"Local Sponsor" (here, the City) and the Corps, the Corps has designed and will construct the
Levee Repair Project, with its costs to be borne by the United States. The Levee Repair
Project, as depicted in the Corps' Design PL 84 -99 Levee Rehabilitation Tukwila 205: Sites
3 and 5, Green River Sheets 1 through 16 dated April 8, 2008 (the "Original Design
consists of relocating and reconstructing the Levee further landward, away from the Green
River.
3. Levee Repair Design
The project design depicted in the Original Design is based in part on a federal mandate that
requires that the design be the most cost effective. Design elements that exceed the federal
minimum standards for a cost effective design are deemed by the Corps to be "betterments,"
which the Corps will construct only if paid for by the "Public Sponsor."
4. Property Required for Levee Repairs
The Local Cooperation Agreement requires that the City obtain and provide to the Corps all
lands, easements, and rights -of -way determined by the Government to be necessary for
construction, operation, and maintenance of the Levee Repair Project. For the Levee Repair
Project, the City must obtain a flood protection easement, accompanying access easements,
C:\Documents and Settings \jpawlicki.SEGALEBP\Local Settings \Temporary Internet Files \OLK 150\Final Version 1
for Reimbursement (4)1 (2).DOC
and temporary construction area easements from multiple property owners along the Green
River, including La Pianta.
B. City Property Acquisition
The City has sought to acquire the easements required by the Corps from La Pianta. When
La Pianta declined to provide the requested easements, the City filed a Petition for
Condemnation and Eminent Domain against La Pianta and others under King County Superior
Court Cause No. 08 -2- 16966 -9 KNT to acquire those easements over certain tracts of land,
including certain tracts of land owned by La Pianta (the "Condemnation Action
C. La Pianta Preferred Design
La Pianta prefers that the Corps modify the Original Design and substitute construction of a
vertical wall in lieu of simply relocating the existing Levee, along with a 2:1 backslope.
La Pianta seeks to redevelop its property and, accordingly, desires to retain use of its land by
reducing the size of the Levee Repair Project's footprint.
D. Corps -City Cooperation Agreement
Any modification to the Corps' Original Design will be governed by a Cooperation Agreement
entered into, or to be entered into, between the Corps and the City. That agreement expressly
provides that "the Public Sponsor shall be solely responsible for any increases in costs resulting
from betterments and all such increased costs will be paid in advance by the Public Sponsor
Because the addition of the Levee Wall would, in the view of the Corps, constitute a
"betterment," the Corps will alter the original Levee Repair Project design only if the difference
in total project costs (including environmental review, design, and construction) is paid for by
the City.
In view of the increased property value and redevelopment opportunities afforded by the Levee
Wall as compared to the Corps' original design of the Levee Repair Project, La Pianta desires the
City to request that the Corps redesign and construct the Levee Repair Project to include
La Pianta's preferred Levee Wall and enter into a Corps -City Cooperation Agreement.
The City desires that La Pianta commit to reimburse the City for all costs paid by the City to the
Corps as a result of the change from the Corps' original Levee Repair Project design to
La Pianta's preferred Levee Wall design, that La Pianta provide the necessary easements to the
City at no cost, and meet other obligations.
Now therefore, for good and valuable consideration, and receipt and sufficiency of which are
acknowledged, the parties agree as follows:
C:\Documents and Settings \jpawlicki.SEGALEBP\Local SettingslTemporary Internet Files\OLK150\Final Version2
for Reimbursement (4)_1 (2).DOC
AGREEMENT
1. Redesign of the Levee Repair Project
Upon full execution of this Agreement and receipt of the deposit required by Section 3.a below,
the City will request in writing that the Corps modify the design of the Levee Repair Project to
include the Levee Wall on La Pianta's property. The City's letter will request that the Levee
Wall be constructed as an extension of the retaining wall shown in the Original Designs on Site
Plan 2, Plate Number C -103, Sheet 5 of 16, dated April 8, 2008, and that the Levee Wall be
constructed from approximately Station 8 +50 southward to the south terminus of the Site 5 levee
repair project.
2. Corps -City Cooperation Agreement
The City will execute the Corps -City Cooperation Agreement in the form required by the Corps
to permit construction of the Levee Repair Project. Note: Article I- Definitions and General
Provisions, Paragraph A states, "Site 5 also includes a betterment feature consisting of
approximately 855 linear feet of retaining wall in place of a landward side levee prism." Further,
Article IV Method of Payment, Paragraph A states, "Rehabilitation Effort costs are currently
estimated to be $1,359,000 and the Public Sponsor's "City share (cash and services in kind) of
the total Rehabilitation Effort costs is currently estimated to be $0.00. The Public Sponsor is
100% responsible for the betterment costs currently estimated to be $650,000."
3. Method of Payment
La Pianta shall reimburse the City for any and all City payments made under the Cooperation
Agreement, including without limitation all deposits, cash contributions, and/or cash or other
payments made for the costs of any betterments to the Rehabilitation Effort and/or to satisfy any
financial obligations set forth in Article ILC, II.G, and Article IV of the Cooperation Agreement.
La Pianta shall reimburse the City as follows:
a. La Pianta shall pay a deposit by a certified check payable to the City in the amount of
Six Hundred Fifty Thousand Dollars ($650,000.00), or the amount specified in Article IV
A of the Corps -City Cooperation Agreement, whichever is greater, within five (5)
calendar days of execution of this Agreement.
b. Should the Corps request additional payments from the City after payment of the initial
deposit specified in Article IV A, La Pianta shall reimburse the City by delivery of a
certified check to the City in the amount requested by the Corps, within five (5) calendar
days of notice by the City.
c. In the event that any funds advanced by La Pianta as a deposit are greater than the total of
charges imposed by the Corps on the City under the Corps -City Cooperation Agreement
(the "Final Cost then the City shall reimburse the difference to La Pianta, without
C:\Documents and Settings \jpawlicki.SEGALEBP\Local Settings \Temporary Internet Files \OLK150\Final Version3
for Reimbursement (4)_1 (2).DOC
interest, within ten (10) calendar days of receipt of the Final Cost from the Corps. For
example, in the event that La Pianta elects to construct the Levee Wall to the Corps'
specifications, and the Corps accepts the Levee Wall as so constructed and charges the
City an amount less than the amounts paid by La Pianta pursuant to this Section, then
upon request made by La Pianta, the City will refund to La Pianta all sums paid by La
Pianta to the City that the City is not required to remit to the Corps under the terms of the
Corps City Cooperation Agreement, less any costs incurred by the City for construction
management of the Levee Wall.
d. If the Final Cost is greater than the amount advanced by La Pianta, then La Pianta shall
pay the difference to the City by certified check within five (5) calendar days of notice
from the City.
4. Dismissal of La Pianta from Condemnation Action
Within ten (10) days of La Pianta's execution and delivery to the City of this Agreement, receipt
of signed easements in the form approved by the Corps, and receipt by the City of King County
Flood Control Zone District's written acceptance of the maintenance responsibility and all costs
associated therewith for the Levee Wall, the City shall dismiss La Pianta from the Condemnation
Action.
5. No Design Precedent
The inclusion of the Levee Wall in the Site 5 Levee Repair Project scope of work shall not
establish, and shall not be cited by La Pianta as evidence of, a design precedent for any future
maintenance, repair, or new levee construction projects.
6. Cooperation
The parties shall cooperate in good faith with each other, and with their respective employees,
contractors and agents, to effect this Agreement
7. Other Agreements
7.1 Time of the Essence. Time is of the essence of this Agreement and of every
provision hereof.
7.2 Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to its subject matter. There are no other agreements, oral or written, with
respect to that subject matter except as expressly set forth in this Agreement, and this Agreement
supersedes all previous agreements, oral or written.
8. Remedies
If La Pianta fails to timely pay the deposit to the City as required by Section 3.a., the City
may request that the Corps proceed with the Levee Repair Project as depicted in the Corps'
C:\Documents and Settings \jpawlicki.SEGALEBP\Local Settings \Temporary Internet Files \OLK150 \Final Version4
for Reimbursement (4)_I (2).DOC
Original Designs. The parties agree that damages are not an adequate remedy for breach of any
other provision of this agreement, and that the City is entitled to seek specific performance of
this Agreement in such an event.
The parties have caused this Agreement to be executed effective as of the day and year set forth
on the first page above.
LA PIANTA LLC,
a Washington limited Liability Corporation
By: Metro Land Developme Inc.,
Its Manager
By:
Name: Mark A. 'yeg. e
Its: Vice Preside t
CITY OF TUKWILA,
a Washington municipal corporation
By: h
Jim :erton, Its •r
C:\Documents and Settings \jpawlicki.SEGALEBP\Local Settings \Temporary Internet Files \OLK150\Final Versions
for Reimbursement (4)_1(2).DOC
FIRST ADDENDUM TO
AGREEMENT FOR REIMBURSEMENT
THIS FIRST ADDENDUM TO AGREEMENT FOR REIMBURSEMENT "First
Addendum dated for reference purposes as the day of 2008, is by and
between LA PIANTA LLC, a Washington limited liability corporation "La Pianta
and the CITY OF TUKWILA, a Washington municipal corporation "CITY
RECITALS
A. The City and La Pianta previously executed an Agreement for Reimbursement
pertaining to the U.S. Army Corps of Engineers' "The Corps Levee Repair
Project for Tukwila 205, Sites 3 and 5.
B. The Agreement for Reimbursement provides for, inter alia, the City to enter into
a Cooperation Agreement with the Corps, pursuant to which the City as "Public
Sponsor" would request that the Levee Repair Project include a "betteiluent" in
the font' of a levee retaining wall "Levee Wall along property owned by La
Pianta.
C. The Agreement for Reimbursement also provides for inter alia, La Pianta to
reimburse the City for any and all City payments made under the City's
Cooperation Agreement with the Corps.
D. La Pianta believes that construction of the Levee Wall will be less expensive, and
that therefore the reimbursement obligations to the City will be less, if La Pianta
constructs the Levee Wall rather than the Corps.
E. Under the teuus of the Cooperation Agreement, the City is responsible for future
operation and maintenance of the levee.
F. In consideration for the Corps' consent to allow La Pianta to construct the Levee
Wall, and the opportunity to realize cost savings that La Pianta believes its own
construction will provide, La Pianta is willing to enter into an addendum to the
Reimbursement Agreement, set forth below, concerning the costs of and
directives by a construction manager to be retained by the City, as well as the
potential liability that may arise by virtue of construction of the Levee Wall. The
City is also willing to enter into such an Addendum so long as the City is not
responsible for additional costs or liability resulting from La Pianta's construction
of the Levee Wall rather than the Corps'.
Now therefore, for good and valuable consideration, and receipt and sufficiency of which
are acknowledged, the parties agree that the Reimbursement Agreement is amended by
addition of the following provisions:
H:\Levee Repair Project\Final First Addendum.doc 1
Eriva 2
ADDENDUM TO AGREEMENT
1. Scope of Work
If the Corps consents and La Pianta elects to construct the Levee Wall, La Pianta shall
construct the Levee Wall from approximately Station 8 +50 southward to the south
terminus of the Site 5 levee repair project. The work shall include, but not limited to:
a. Site /Subgrade Preparation
b. Concrete Formwork
c. Reinforcing Steel
d. Concrete
2. Design, Specifications, Codes, and Standards
If the Corps consents and La Pianta elects to construct the Levee Wall, La Pianta shall
do so in accordance with the requirements of the design drawings and specifications
and all applicable codes and standards including, but not limited to the applicable
provisions of:
a. U.S. Army Corps of Engineers Design PL 84 -99 Levee Rehabilitation
Tukwila 205: Sites 3 5, Green River dated June 4, 2008. Exhibit A.
b. U.S. Army Corps of Engineers Tukwila Levee Repair Special Provisions,
including the following (Exhibit B):
1) Specification Section 01000
2) Specification Section 01160
3) Specification Section 01355
4) Specification Section 01561
5) Specification Section 01563
6) Specification Section 01565
c. WSDOT /APWA "Standard Specifications for Road, Bridge, and Municipal
Construction" Latest Edition, Divisions 1 -9.
d. King County Washington Road Standards, Latest Edition.
e. Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining
Wall. Exhibit C.
3. Retention of a Construction Manager and Project Inspector
Using its normal procedures, and applying its normal bid criteria for cost, the City
will hire a consultant firm "Construction Manager to fulfill the City's
construction management obligations under the Cooperation Agreement with the
Corps of Engineers "Construction Management Services Through the
Construction Manager, the City will follow the Quality Control/Quality Assurance
Plan Tukwila 205 Concrete Retaining Wall.
H:\Levee Repair Project\Final First Addendum.doc 2
4. Quality Control/Quality Assurance Requirements
If La Pianta elects to construct the Levee Wall, La Pianta shall be responsible for
controlling and documenting construction quality control/quality assurance activities
to assure that the completed Levee Wall project meets the requirements of the design,
"Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining
Wall and all applicable specifications, codes, and standards. Specific
responsibilities and requirements include, but are not limited to:
a. Laying out work to ensure that the wall elevations and alignment comply with
the contract drawings. La Pianta shall retain a Washington State registered
surveyor to lay out and stake the work. The surveyor shall provide copies of
all survey records to the Construction Manager.
b. Documentation of quality assurance quality control. La Pianta shall prepare
and provide to the City's construction manager a daily, written quality
assurance quality control report "QA/QC Report The QA/QC Report
shall be submitted to the City's Construction Manager within 24 -hours after
the date covered by the report. A copy of a sample report is included as part
of the QA/QC Plan, Exhibit C. The QA/QC Report shall comply with the
Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining
Wall (Exhibit C).
c. Performance of required construction and materials testing. La Pianta shall
retain the services of a qualified materials testing lab for such tests as
compaction, backfill gradation, concrete compressive strength, concrete air
entrainment, concrete slump, etc. La Pianta shall document all materials and
construction test results and provide them to the City's Construction Manager
as an attachment to the Daily QA/QC Report. A list of qualified labs is
provided at Exhibit D.
d. Provision for public safety, traffic control, and site access control during
construction. La Pianta shall ensure that construction is executed in a safe
manner and in accordance with applicable OSHA and other safety standards.
e. Implementation of Best Management Practices. La Pianta shall implement all
Best Management Practices and associated erosion and run -off control
measures as required by and in accordance with WSDOT Standard
Specification Section 8- 01.3(10) and the current King County Storm Water
Manual.
f. Documentation of construction progress. La Pianta shall take or cause to be
taken daily photos documenting construction progress. Photos shall be digital
JPEG format. La Pianta shall provide copies of daily construction progress
photos to the City's Construction Manager daily as an attachment to La
Pianta's Daily QA/QC Report.
5. Coordination of Contractors
Due to the fact that a length of the Levee Wall and associated water -side features are
being built by the U.S. Army Corps of Engineers' contractor, and La Pianta is
H:\Levee Repair Project\Final First Addendum.doc 3
building the remaining length of the Levee Wall, La Pianta shall ensure that it and the
Corps' contractor coordinate and communicate in advance and continuously during
construction to determine the requirements, construction features, and schedule
coordination that will need to be addressed in order to insure a smooth and effective
construction effort. La Pianta shall convene a coordination meeting between it, the
Corp's construction contractor, the City and its Construction Manager, and the Corps
prior to construction to discuss the details of how the section being built by La Pianta
shall be terminated and prepared for "tie in" by the follow -on Corps of Engineers'
contractor and the wall's finish such that there is an even and consistent surface. The
meeting shall also address the coordination of construction scheduling, completion
date requirements, the two contractors' areas of work, construction area access, and
coordination required to complete the overall project in 2008. More coordination
meetings may be initiated by the City or the Corps as necessary.
6. Submittals
La Pianta shall be required to submit the following documentation to the City's
Construction Manager. The list is not to be considered all inclusive of all submittals
that are required.
a. Offsite Disposal Plan
b. Compaction Testing Plan
c. Borrow Site Testing Reports
d. Compaction Testing Reports
e. Design analysis and calculations for form design, including methodology of
design. See WSDOT Standard Specifications Section 6- 02.3(16).
f. Form materials, including manufacturer's data, literature describing form
materials, accessories, and releasing agents.
g. Founwork drawings, including details, dimensions, joints, supports,
studding/shoring, and sequence of removal.
h. Concrete Reinforcement System Detail drawings showing reinforcing steel
placement, schedules, sizes, grades, and splicing/bending details.
i. Reinforcing Steel Certified copies of mill reports attesting that reinforcing
steel furnished meets the requirements of the contract specifications.
j. Concrete Mix Design
k. Methods for Conveying and Placing Concrete.
1. Data Manufacturer's literature for:
o Air- Entraining Admixture
o Accelerating Admixture
o Water Reducing or Retarding Admixture
o Curing Materials
o Expansion Joint Filler Strips
o Joint Sealants
o Waterstops
o Backer rod
m. Aggregate certification and test reports
H:\Levee Repair Project\Final First Addendum.doc 4
n. Concrete Materials
o. Progress Schedule and weekly look -ahead schedules. See WSDOT Standard
Specifications Section 1 -08.3 and Section 1- 08.3(2)D.
7. Costs to the Parties
In addition to its reimbursement obligations set forth in Section 3 of the
Reimbursement Agreement, La Pianta shall be responsible for all costs associated
with its own construction of the Levee Wall, and shall reimburse the City for all costs
incurred by the City for Construction Management Services.
8. Construction Timeframes
The Corps has established a completion date of August 1, 2008 for the Levee Wall, to
include the forms being stripped from the retaining wall; however, the concrete does
not need to be fully cured. La Pianta has requested a completion date of August 15,
2008. If the Corps consents and La Pianta elects to extend the completion date to
August 15, 2008, La Pianta shall comply with the following conditions:
a. La Pianta shall construct the wall starting at the southern end and proceed
north.
b. La Pianta shall strip and remove all forms from the entire Levee Wall no later
than August 15, 2008.
c. When constructing the Levee Wall, La Pianta shall achieve the required 4,000
psi minimum compressive strength on all concrete by August 15, 2008.
d. In the event that La Pianta does not accomplish the work by August 15, 2008
and the Corps' contractor incurs additional costs as a result of La Pianta's
delay, La Pianta shall be responsible for paying all such additional costs. La
Pianta's deposit and all other payments required from La Pianta under the
Reimbursement Agreement Section Method of Payment shall be used to pay
for the additional costs.
9. Two -Year Guarantee Period
La Pianta shall be responsible for correcting all City identified defects in
workmanship and material for a period of two (2) years after Final Acceptance, as
defined in WSDOT Standard Specification Section 1- 05.12, of the Levee Wall. La
Pianta shall start work to remedy such defects within 7 calendar days of written notice
of discovery thereof by the City and shall complete such work within the time stated
in the notice. In emergencies, where damage may result from delay or where loss of
service may result, such corrections may be made by the City or King County Flood
Control Zone District, in which case the cost shall be borne by La Pianta. In the
event La Pianta does not accomplish the corrections in the time specified, the work
will be otherwise accomplished and the cost of same shall be paid by La Pianta within
7 calendar days of written notification.
H:\Levee Repair Project\Final First Addendum.doc 5
This two -year guarantee period shall be in addition to all responsibilities and
requirements of La Pianta under the law and this Agreement, and shall not be
construed to limit the statutes of limitations or repose in any way.
10. Indemnification
La Pianta shall indemnify, defend and hold the City harmless from all damages
arising from the construction of the Levee Wall, except for damages due to the sole
fault or negligence of the City or the City's Construction Manager. Should a court of
competent jurisdiction determine that RCW 4.24.115 applies; the indemnification set
forth herein shall be valid and enforceable only to the extent of La Pianta's
negligence. Solely for the purposes of enforcement of this Agreement, La Pianta
hereby waives its immunity under industrial insurance, Title 51 RCW. The parties
mutually negotiated this waiver.
11. Termination or Suspension
If at any time, (1) the Corps terminates the Cooperation Agreement, or (2) the Corps
instructs La Pianta to cease construction of the Levee Wall, or (3) La Pianta fails to
carry out its obligations under this Reimbursement Agreement or the First or any
other Addendum thereto after notice and a reasonable opportunity to cure, then the
City may terminate or suspend La Pianta's work on the construction of the Levee
Wall, unless the Corps determines that continuation of work on the Levee Wall is in
the interest of the Corps or is necessary in order to satisfy agreements between the
City and the Corps or any other interests in connection with the Levee Repair Project.
For purposes of this Section, "notice" shall mean three (3) business days, except in
the event of an emergency, in which case the City may require the cure immediately.
"Reasonable opportunity to cure" shall include completion within the construction
schedule determined by the Corps.
However, deferral of future performance under the Reimbursement Agreement or any
Addendum thereto shall not affect existing obligations or relieve the parties of
liability for any obligation previously incurred. Should the Corps decide that the
Corps shall continue to construct the Levee Wall, La Pianta's deposit and all other
payments required from La Pianta under the Reimbursement Agreement Section
Method of Payment shall be used to pay for the costs of construction. In the event
either party elects to terminate this Amendment pursuant to this paragraph, both
parties shall conclude their activities relating to the construction of the retaining wall
and proceed to a final accounting in accordance with Agreement Section 3 Method
of Payment.
12. Exhibits
A. U.S. Army Corps of Engineers Design PL 84 -99 Levee Rehabilitation
Tukwila 205: Sites 3 5, Green River dated June 4, 2008
H:\Levee Repair Project\Final First Addendum.doc 6
B. U.S. Army Corps of Engineers Tukwila Levee Repair Special Provisions
C. Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining
Wall
D. List of Qualified Testing Labs
13. Reimbursement Agreement Obligations Not Affected
Except for the addition of the sections of this First Addendum, nothing in this First
Addendum shall be deemed to affect, amend, or modify the obligations set forth in
the Reimbursement Agreement, which is hereby ratified by the parties.
The parties have caused this First Addendum to be executed effective as of the day
and year set forth on the first page above.
LA PIANTA LLC
A Washington limited Liability Corporation
By: Metro Land Development, Inc.
Its Manager
By:
Name: Mark A. Segale
Its: Vice President
CITY OF TUKWILA,
A Washington municipal corporation
By:
Name: Jim Haggerton, Mayor
H:\Levee Repair Project\Final First Addendum.doc 7