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HomeMy WebLinkAbout00-077 - City of Kent - South 180th Street Improvements/6 CO -07 7(a) INTERLOCAL AGREEMENT BETWEEN CITY OF TUKWILA AND CITY OF KENT REGARDING THE IMPROVEMENTS TO SOUTH 180TH STREET THIS AGREEMENT is made and entered into by and between the City of Tukwila, hereinafter sometimes called " Tukwila," and the City of Kent, hereinafter sometimes called "Kent." This Agreement is made for the purpose of performing design, acquiring necessary property, and constructing improvements to South 180th Street in order to accommodate the grade separation with the existing UPRR and BNSF. RECITALS A. Part of the Project is within the City of Tukwila, part of the Project is within the City of Kent, and part of the Project is within the City of Renton. B. The cities of Kent and Tukwila have both identified the need for road improvements on South 180th Street to improve vehicular safety at the existing_ railroad crossings. C. It is in the best interest of Tukwila and Kent to establish a lead agency to manage this Project and to provide for the design, environmental review, property acquisition and construction of the Project. D. Tukwila and Kent are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative agreement of this nature. NOW, THEREFORE, Tukwila and Kent agree as follows: Job No. A00084 /,st, c �' ORDINALS 1 O:/InterlocalAgreement.doc AGREEMENT 1. SCOPE OF WORK This Project will reconstruct the existing four -lane South 180th Street in order to grade separate the roadway from the existing UPRR and BNSF. New curb, gutter, and sidewalks are proposed within the grade separation. Structural walls will be used to minimize impacts to adjacent properties. TERMS AND CONDITIONS 2.1 Tukwila shall be the lead agency for the Project with regard to design, environmental review, obtaining right-of-way and other property, if needed, construction and all other matters pertinent to accomplishment of the Project. 2.2 Tukwila shall be responsible for the advertisement for and selection of engineering and other design consultants as necessary for the completion of the engineering design. 2.3 Tukwila shall be responsible for coordinating the public information and involvement. Kent shall be given the opportunity to attend and participate in any public meetings. 2.4 Tukwila shall apply to Kent for the necessary permits, as required, for the construction of that portion of the Project within Kent's jurisdiction. 2.5 The parties to this Agreement shall appoint a contact person or persons to act as liaison for the Project. These contact persons will meet on an "as needed" basis to provide guidance for the Project and serve as a coordination body between the two agencies. 2.6 Tukwila will provide 70 and 90 percent plans and specifications to Kent for review. Kent will provide written comments, if any, to Tukwila within 30 days after Kent receives the plans and specifications. 2.7 Tukwila shall be responsible for the acquisition of all property necessary for the Project. Kent agrees to cooperate in Tukwila's efforts to acquire property that lies within Kent. Kent authorizes Tukwila to exercise eminent domain within Kent, as needed. Title to any property acquired within Kent shall be vested in the City of Kent. 2.8 Kent hereby grants Tukwila right -of -entry into the incorporated limits of Kent for the purpose of performing any and all tasks necessary to complete the Project. 2.9 The final acceptance of the Project design shall be by Tukwila after review and approval by Kent of that portion of the design affecting Kent's rights -of -ways and properties which lie within Kent's corporate limits. 3. CONSTRUCTION CONTRACT BIDDING 3.1 Tukwila shall prepare the contract bid documents for the Project. 3.2 Tukwila shall advertise the contract in the official legal publication for the City of Tukwila and, if necessary, other newspapers to provide the widest possible coverage commensurate with the size of the Project. 3.3 Tukwila will provide to Kent a copy of the plans and specifications advertised for bid. 3.4 Tukwila will open the bids. Tukwila will notify Kent of the time and date of the opening of the bids, which is typically three weeks after the Project is advertised. Kent may, but need not, attend the opening of the bids. 3.5 Tukwila will tabulate the bids. Tukwila shall provide a dated, verified copy of the bid tabulations to Kent. The bid tabulations will identify the estimated construction, inspection, and overhead cost, based upon the lowest responsible bid. 3.6 Tukwila shall award the contract to the lowest responsive and responsible bidder for the total Project, subject to applicable laws and regulations. 4. CONTRACT ADMINISTRATION 4.1 Tukwila shall provide the necessary engineering, administrative, inspection, clerical and other services necessary for the execution of the Project. In providing such services within Kent, the City of Tukwila Engineer may exercise all the powers and perform all the duties vested by law or ordinance in the City of Kent Engineer or other Kent officer or department charged with street administration. 4.2 Kent may furnish an inspector (at Kent's expense) to insure proper compliance with requirements during the construction of the portion of the Project located within Kent. Kent's inspector shall not communicate directly with or instruct the contractor directly on any matters regarding contract performance. Kent shall notify Tukwila, in writing, of any changes it wishes to make in the plans and specifications, which affect Kent's portion, which changes shall be made, if feasible. The Tukwila City Engineer will have the authority to determine whether any changes requested by Kent will be implemented. Kent will be financially responsible for those requested construction changes if it significantly changes the scope of work. 4.3 Tukwila will at all times keep Kent advised as to the progress of the Project, and shall not order or approve any changes in the approved Project design that substantially change the nature of the Project within the limits of the City of Kent without first consulting Kent and obtaining Kent's concurrence therewith. 4.4 Prior to Project completion, both parties shall perform a mutual final inspection of the Project. Kent may provide a written deficiency list to Tukwila within ten (10) working days after the final inspection. The contractor will complete only construction deficiencies that comply with the contract specifications. Final Project acceptance will be by Tukwila's City Engineer. 5. PAYMENT 5.1 The City of Kent will pay Tukwila for any City of Kent -requested construction changes that are deemed to significantly change the scope of work for which the City of Kent is financially responsible no later than 30 days after Kent receives a bill from Tukwila. 5.2 In the event a lawsuit is instituted to enforce the payment obligations of the City of Kent, each party shall pay all its costs of such a lawsuit, including reasonable attorney's fees. 6. DURATIONITERMINATION 6.1 This Agreement shall remain in effect until final acceptance of the Project and payment by Kent of all monies due from Kent to Tukwila, subject to the early termination provisions below. 6.2 If expected or actual funding is withdrawn, reduced or limited in any way prior to the completion of the Project, either party may, with 30 days written notice to the other party, terminate this Agreement. 6.3 In the event of termination prior to completion of the Project: 6.3.1 The party requesting termination shall pay all direct and indirect phasing -out costs. 6.3.2 Termination costs payable shall not exceed the actual costs incurred as a result of termination of the Project. 7. INDEMNIFICATION AND HOLD HARMLESS 7.1 Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or personal injury arising out of the activities conducted pursuant to this Agreement. 8. DISPUTE RESOLUTION 8.1 In the event of a dispute between the parties regarding this Agreement, the Parties shall attempt to resolve the matter informally. 8.2 The parties may also agree to an alternative dispute resolution process. 9. OTHER PROVISIONS 9.1 Tukwila shall be deemed an independent contractor for all purposes and the employees of Tukwila, or any of its contractors, subcontractors, and their employees shall not in any manner be deemed to be employees of Kent. 9.2 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of Kent, Tukwila, or their officials, employees, agents or representatives, to any party not a signatory to this Agreement. 9.3 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.4 Tukwila shall retain ownership of the improvements constructed in conjunction with this project within the 180th Street right-of-way and shall be responsible, including all costs for their operation and maintenance. 9.5 If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 9.6 The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 9.7 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 9.8 This Agreement may be amended only by an instrument in writing, duly executed by both parties. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. CITY OF TUKWILA CITY OF KENT rv\uv\ZLc, - Title: ! 2 Date: � /01 APPROVED AS TO FORM: Tukwila City Att MP2074 1 L Title: 2 4 Date: /—Y _o APPROVED AS TO FORM: Kent City Attorney t c "�.