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HomeMy WebLinkAboutTrans 2009-11-02 Item 3B - Interlocal Agreement - 2009 Bridge Inspections and Repairs with King CountyTO: ANALYSIS City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: October 27, 2009 RECOMMENDATION Information only. Attachments: Map Interagency Agreements (2) King County has prepared the attached agreement to perform the necessary 2009 bridge inspections for Tukwila. Contract Inspection Services (King Co.) 10.812.00 Budget 25.000.00 WA\PW Eng\PROJECTS\A- RW RS Projects \09RW02 2009 Bridge Insp12009Bridgelnspections TC memo.doc Jim Haggerton, Mayor SUBJECT: 2009 Bridge Inspections and Repairs Program Project No. 09 -RWO2 Interagency Agreement with King County for 2009 Bridge Inspections and Emergency On -Call Inspection Services ISSUE Execute an Interagency Agreement with King County to provide scheduled bridge inspection services and emergency on -call bridge inspection services. BACKGROUND The City's annual bridge inspection program provides for inspections of each City -owned bridge according to a required frequency. Recommended repairs and deficiencies are documented and implemented as part of the overall Annual Bridge Inspections and Repairs Program. City maintenance staff performs work tasks within the capabilities of normal operating procedures. More difficult, complicated and specialized repairs are bid as contract work. Nine (9) City owned bridges require inspection in 2009 (See attached map). King County made a presentation of their Bridge Program showing that King County has developed a qualified and highly recommended staff to perform bridge inspections for County owned bridges, as well as contracting these services to many other local agencies within King County. WSDOT has developed a close working relationship with County staff and highly recommends their work. In addition to the required routine inspections, the agreement allows the City to use King County to provide emergency on -call bridge inspection services (if needed) related to possible flooding along the Green /Duwamish River. Rainier Got? Cooney Moh MAP LEGEND CITY LIMITS STREET CENTERLINE BRIDGE SCALE: Not to Scale DATE: APRIL 5, 2001 filoolalmort The location of feahlree and boundaries are approximate and ars Intondod for roforonoo only. CITY OF TUKWILA 2009 BRIDGE INSPECTIONS INTERAGENCY AGREEMENT FOR WORK TO BE PERFORMED BY KING COUNTY ROAD SERVICES DIVISION THIS AGREEMENT is made and entered into by and between King County "the County and the City of Tukwila, "the Customer RECITALS A. The Customer is desirous of contracting with the County for the performance of certain work. B. The County is agreeable to performing the work on the terms and conditions hereinafter set forth and in consideration of the mutual covenants and agreements herein contained. C. The parties can achieve cost savings and benefits in the public's interest by having the County perform the work for the Customer at the Customer's expense. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Work 1.1 Scone of Work. The County Road Services Division shall perform the work described on the attached Exhibit 1, Scope of Work. 1.2 Modification of Work. If the Customer desires to modify the work requested, it shall notify the County of that desire. If the County agrees, the parties shall prepare an amended Scope of Work, which will be attached hereto as Exhibit 2. The amended Scope of Work shall bear the signature of the Road Services Division Director for the County and the Mayor for the Customer, authorizing the amended work. 2. County Personnel Standards The County is acting hereunder as an independent contractor so that: a. County employees performing work hereunder shall be for all purposes employees of the County; b. Control of County personnel standards of performance, discipline, and all other aspects of employment shall be governed entirely by the County. 3. Compensation 4. Permits 6. Duration 3.1 Costs. The Customer shall pay the County for actual costs (direct labor, employee benefits, equipment rental, materials and supplies, utilities, permits, and administrative overhead costs) for the work performed by the County. Administrative overhead costs shall be charged as a percentage of direct labor costs. 3.2 Billing. The County will bill the Customer for the cost of work performed. The bill will reflect actual costs and administrative overhead, as described in Section 3.1 above. Payments are due within 30 days of the Customer's receipt of said invoice. The Customer is responsible for obtaining any permits or other authorizations that may be necessary for the County to perform the work under this Agreement. 5. County Responsibilities 5.1 County Status. The County will act as a contractor only and will not purport to represent the Customer professionally. 5.2 County Performance. The County shall perform the work requested by the Customer as described in the Scope of Work. The County will furnish all necessary labor, supervision, machinery, equipment, materials, and supplies to perform the work requested by the Customer in the Scope of Work. 5.3 Timing of Work. The County will make every effort to recognize pertinent Customer deadlines for completion of the requested work, and will notify the Customer of any hardship or other inability to perform the work requested, including postponement of work due to circumstances requiring the County to prioritize its resources toward emergency related work. This Agreement is effective upon signature by both parties, and shall remain in effect until completion of the work and payment of all sums due hereunder, provided that either party may terminate this Agreement by a written notice received by the other party at least five business days before the work commences. 7. Force Maieure The County's performance under this Agreement shall be excused during any period of force majeure. Force majeure is defined as any condition that is beyond the reasonable control of the County, including but not limited to, natural disaster, severe weather 2 conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring right of -way or other necessary property or interests in property, permitting delays, or any other delay resulting from a cause beyond the reasonable control of the County. 8. Liability Washington State law shall govern the respective liabilities of the parties to this Agreement for any loss due to property damage or injury to persons arising out of activities conducted pursuant to this Agreement. 9. Audits and Inspections The records and documents pertaining to all matters covered by this Agreement shall be retained and be subject to inspection, review or audit by the County or the Customer during the term of this Agreement and for three (3) years thereafter. 10. Entire Agreement and Amendments This Agreement contains the entire agreement of the parties hereto and supersedes any and all prior oral or written representations or understandings. This Agreement may only be amended by mutual, written agreement between the parties, provided that the Scope of Work may be amended as described in Section 1.2 above. 11. No Continuing Services This Agreement is valid only for an individual work item, as specified in the Scope of Work. Ongoing services require an interlocal agreement pursuant to Chapter 39.34 RCW. 12. No Third Party Rights Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third party. 13. Waiver of Breach 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. 14. Headings The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 3 15. Invalid Provisions If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected if such remainder would then continue to serve the purposes and objectives of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date last written below. KING COUNTY Linda Dougherty, Division Director Road Services Division Date Approved as to form for use in 2009 John Briggs Senior Deputy Prosecuting Attorney Attachment: Exhibit 1, Scope of Work 4 CITY OF TUKWILA Signature Title Date TITLE: Tukwila Scheduled and On -Call Bridge Inspections LOCATION: Citywide Bridges for On -Call inspections and Bridge Nos. Tuk01, Tuk03, Tuk06, Tuk07, Tuk09, Tukl 1, Tuk16, Tuk17 and Tuk18 for 2009 scheduled inspections SCHEDULE: Oct/Nov 2009 and on -call basis through December 31, 2009 PROJECT DESCRIPTION: EXHIBIT 1 Scone of Work Provide scheduled bridge inspections to a total of 9 Tukwila owned bridges. Complete and provide inspection reports to the city. Also, provide bridge inspections on an on -call basis. On -call inspections will be scheduled and done based on availability of County inspectors as this service is anticipated to be needed during time of emergency such as a flooding or a storm that may similarly impact County -owned bridges. COST ESTIMATE FOR SCHEDULED INSPECTIONS IN 2009: Labor $8,800 Equipment $210 20% Contingency $1,802 Total: $10,812 Cost estimate for on -call inspection can not be provided ahead of time due to the nature of the service. Cost for the on -call inspection will be in accordance to Section 3 of this Agreement. CONTACT: City of Tukwila Robin Tischmak, PE Interim City Engineer 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 -2544 206 433 -0179 K.C. DOT, Road Services Division Margaret Holwegner Engineer 201 S. Jackson Street Seattle, WA 98104 206 296 -8179 5