HomeMy WebLinkAbout08-071 - Valley View Sewer District - Tukwila International Boulevard Phase II & III Sewer Facility Adjustments Ckwct av4A g1�la�
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'D to Tukwila
International Blvd between S139th and S116th 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 2009 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.
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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:
B. CITY
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.
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.
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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.
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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 fmal
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 fmal 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.
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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 according 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.
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7. INSURANCE
A. 3rd 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 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 $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. 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
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3) Excess Liability insurance with limits not less than $3,000,000 per occurrence and
aggregate.
S. 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 performance of any of
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 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.
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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.
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VALLT
IN WITNESS WHEREOF, the parties below have executed this Agreement.
Notices to be sent to:
SEWER DISTRICT
by
Print Name: ''4,GlG x,25cNL&Q
Title: a 2-e 5( cius 6/2-0 /Zo o 8
VALLEY VIEW SEWER DISTRICT
Attn: vArt t ck
-PCB -)x
Se_cutk-ke II V, 9`gtug
__y,_na,v<i.\\/i c Dvvi (email)
2o z 4 3 1 -32.3L0 Ex. Zb 7 (telephone)
7t;> (facsimile)
CITY OF TUKWILA
Title:(lvfvor)
DATE: fi g' 1 0$
Notices to be sent to:
CITY OF TUKWILA
APPROVED AS TO FORM:
Shelley Kerslake, City Attorney
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Attn: Bob Giberson
Public Works Department
6300 Southcenter Blvd., Ste 100
Tukwila, WA 98188
baibersoneci.tukwila. wa. us
206- 433 -0179 (telephone)
206 -431 -3665 (facsimile)
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 Adiustments
ITEM ITEM QUANTITY UNIT TOTAL
NO. DESCRIPTION PRICE AMOUNT
1. Install 1 foot 48" MH section
1 EA
Price in Words
2. Install 2 foot 48" MH section
Price in Words
3. Install 3 foot 48" MH cone
Price in Words
5 Adjust casting to Grade
Price in Words
7 Abandon Sewer MH
Price in Words
8. Trench Safety
Price in Words
1 EA
9 EA
Price in Words
4 Replace Frame Cover w /Locking
Frame and Cover 15 EA
15 EA
Price in Words
6. Remove or Abandon /Fill Sewer
Pipe /Casing 170 LF
1 EA
LS
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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 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 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 Specifications and
applicable law.
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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 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.
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