Loading...
HomeMy WebLinkAbout92-147 - City of Seattle - South 160th / 42nd Avenue / 51st Avenue Improvementsr• A • C FILE # / ?'7 BATE lo? INTERAGENCY COOPERATION AteEEMENT THIS AGREEMENT, made and entered into on o" o/ 1992 between the City of Tukwila, (hereinafter called "Tukwila"), and the City of Seattle, by and through its Water Department (hereinafter called "Seattle"). WITNESSETH WHEREAS, Tukwila proposes to proceed with a road construction project outside the Seattle City limits, commonly known as the South 160th Street, 42nd to 51st Ave. S., Street Improvements, (hereinafter referred to as the "Project"); and WHEREAS, Seattle plans to provide encasement around an existing 60" waterline near 43rd Ave. S. on the project site. in accordance with all applicable laws, regulations, and franchises; and WHEREAS, Tukwila and Seattle both can achieve benefits in the public's interest by utilizing Tukwila's construction contractor(s) to perform certain work for Seattle during construction of the Project, namely that the contractor install 120 lineal feet of 60 -inch diameter pipe encasement along the road rights-of-way from Sta. 52+90 to Sta. 54+10 (hereinafter referred to as the "Seattle Work"); and NOW THEREFORE, it is hereby agreed as follows: I. TERM OF AGREEMENT This Agreement shall remain in full force and effect until 30 days after final acceptance of the construction work to be performed hereunder. II. ADMINISTRATION OF AGREEMENT Seattle's Superintendent of the Water Department and Tukwila's Director of Public Works are responsible for administering this Agreement. III. PURPOSE It is the purpose of this Agreement to realize cost savings and other mutual public benefits by having the same general construction contractor simultaneously perform related work for both Tukwila and Seattle under one Tukwila construction contract, and having Tukwila coordinate said work. IV. DESIGN A. Seattle shall furnish to Tukwila reproducible construction plans, specifications, and cost estimates for the Seattle Work to be incorporated into Tukwila's plans'and specifications for the Project. B. Tukwila shall notify Seattle of any changes that must be made to Seattle's plans and specifications to bring them into accordance with Tukwila requirements, which changes shall be promptly made by Seattle. V. BIDDING A. Tukwila shall incorporate Seattle's plans and specifications into Tukwila's Contract and Bidding Documents in such a manner as to allow, to the fullest extent possible, identification of cost allocations between the parties. B. Following opening of construction bids on the Project, Tukwila shall furnish Seattle with all the bid prices for Seattle Work for Seattle's consideration and approval. Within one week of receiving the bid prices, Seattle shall notify Tukwila in writing that Seattle_either approves of or rejects the lowest bid for Seattle Work. Tukwila shall not proceed with Seattle Work until Tukwila has received approval from Seattle. If bids are received that, in the estimation of Seattle were not acceptable for the Seattle Work, that portion of the work shall not be awarded. VI. CONTRACT ADMINISTRATION A. Tukwila shall provide the necessary engineering, inspection, and administrative services necessary for the execution of Seattle Work. In providing such services, the Tukwila Public Works Director may exercise all the powers and perform all the duties vested by law. B. Seattle shall furnish an inspector to observe performance of Seattle Work. Seattle's inspector may advise Tukwila of any deficiencies noted, but shall not communicate directly with or interfere with the contractor's performance. Tukwila shall communicate to the Contractor all deficiences or potential problems that Seattle's inspector or other Seattle representatives have advised Tukwila of. C. Seattle shall notify Tukwila, in writing, of any 2 changes it wishes to make to the plans and specifications that affect Seattle Work, which changes shall be made, if feasible. Tukwila will notify Seattle of any changes required by Tukwila that substantially change the nature of Seattle Work and will obtain Seattle's approval of such changes. VII. PAYMENT A. Seattle shall reimburse Tukwila for all costs reasonably incurred by Tukwila in performing the Seattle Work, which costs shall include but not be limited to: 1. The contract price, as adjusted by change orders agreed to by Seattle, to perform the Seattle Work; 2. Tukwila's internal costs (i.e., all engineering, administrative, inspection services costs, and all payroll additives) directly attributable to Seattle Work. B. All payments shall be due within 30 days of the billing date, and when due shall accrue simple interest at the rate of one percent per month, if unpaid. VIII.INDEMNIFICATION AND HOLD HARMLESS Tukwila and Seattle each agrees to indemnify and hold the other, its officers, agents, and employees harmless from all claims arising out of the Seattle Work (including demands, suits penalties, losses, damages or costs of any kind whatsoever, including reasonable attorney fee), but only to the extent that such a claim arises out of, or is caused by, the indemnifying party's own negligence or that of its officers, agents, or employees in performance of this Agreement. In the event of concurrent negligence or fault between Seattle and Tukwila, the obligations imposed under this paragraph shall only extend to the degree of concurrent negligence or fault. IX. OTHER PROVISIONS A. Tukwila shall retain ownership and usual maintenance responsibility for the road and sidewalk. B. Seattle will use best efforts to secure, for its own and Tukwila's benefit, a temporary construction easement for Seattle Work. 3 C. This Agreement contains the entire written agreement of the parties and supersedes all prior discussions. This Agreement may be amended only in writing, signed by both parties. IN WITNESS HEREOF, the parties hereto have hereunto set their hands and seals. Date: L�-//1'07 Date: /,-,t/- yL CITY OF TUKWILA, WASHINGTON By: ohn W. Rants Mayor APPROVED AS TO FORM: By: ku-ke City Attorney City of Tukwila Date: (� 4 By: WATER DEPARTMENT, C _ Y ! F EATTLE obey P. Gronc ack Superintendent of Water.