HomeMy WebLinkAbout17-096 - Valley View Sewer District - 42nd Avenue South Phase III Interlocal Agreement17 -096
Council Approval 6/5/17
INTERLOCAL AGREEMENT BETWEEN
VALLEY VIEW SEWER DISTRICT AND
THE CITY OF TUKWILA REGARDING UTILITY RELOCATION
THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into by and between
VALLEY VIEW SEWER DISTRICT, a Washington municipal corporation ( "District "), and the City
of Tukwila, a Washington municipal corporation ( "City "), (individually a "Party" and collectively
the "Parties ").
WHEREAS, the Tukwila City Council has authorized the 42nd Avenue South Phase III (Project
No. 99410303) improvement/transportation project in an area with mixed zoning, both high and
low density residential; and
WHEREAS, the City intends to construct storm drainage improvements within the right of way of
42 "d Avenue South as part of the Project; and
WHEREAS, Tukwila has determined that its street improvement project is a public project and
will necessitate the relocation and new construction of District utility infrastructure located within
the boundaries of the project; and
WHEREAS, the District has a sewer main and appurtenances located within the right of way of
42"d Avenue South that conflict with the planned alignment of the City project; and
WHEREAS, the City requires that the District relocate existing utilities at District cost when
planned City roadway infrastructure conflicts with District infrastructure; and
WHEREAS, it is mutually beneficial to both Parties to have the utility relocation and project
construction take place concurrently utilizing one contractor to reduce overall costs and traffic
related impacts; and
WHEREAS, the Parties desire to have the City serve as the lead agency for the project to
provide final design, advertisement, award, construction, inspection, and contract administration
for the project.
NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties
agree as follows:
1. AUTHORITY
•
This Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal
Cooperation Act.
2. PURPOSE
The Parties agree to engage in a joint project for the construction of street, utility and
culvert improvements along 42 "d Avenue South as described generally in the plan set
titled, "40th -42nd Avenue South — Phase III, Project No. 99410303 and 99341208, dated
March 17, 2017" which are hereby incorporated herein by this reference and made part
hereof ( "Project ").
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3. DISTRICT RESPONSIBILITIES
3.1 The District shall provide the City engineered drawings, specifications, and any
applicable construction standards for all work required by the District as
described on Exhibit A attached hereto and made a part hereof ( "District Work ").
The drawings shall show in detail the location, quantity, and size of each required
component.
3.2 The District shall coordinate with the City and its consultants on the preparation
of the plans and specifications and review the portion of the Project's final
drawings and specifications for the District Work and shall provide the City
written notice of approval and acceptance of the plans and specifications
associated with the District Work.
3.3 The District shall participate in the bid process as follows:
a. Accept or reject bids on bid items associated with the District Work. The
District Work shall be included as a separate bid schedule in the Project
contract.
b. Within ten (10) days of receiving the Project bid tabulation from the City, the
District shall notify the City in writing that the District either agrees to proceed
with the District Work, or the District chooses to complete its work on its own
as part of a separate project. If the District determines to complete the
District Work on its own as a separate project, the District shall require its
contractor to coordinate the District Work within the Project area with the
City's contractor and with any contractors from other utilities and to not
unreasonably interfere with or delay the City's contractor.
3.4 The District shall provide payment to the City to reimburse the City for its costs of
constructing the District Work pursuant to Section 5 of this Agreement.
3.5 The District shall provide the inspection services needed for overseeing the
proper installation of the District Work. The District's inspector will coordinate with
the City's inspector and the City inspector will give all direction to the Contractor.
3.6 The 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.
3.7 The District shall pay any valid claims made by the Contractor relating to the
District Work that are valid and proximately caused by the District, provided, the
District at its sole expense shall have the right to defend any claims made by the
Contractor relating to the District Work. Any such claims must comply with the
definition and procedure regarding claims in the Project contract and must be
verifiable or substantiated claims.
3.8 The. District shall pay any additional expenses incurred in performing 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
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expense, including any additional trench width or depth attributable to errors in
the District's design. Any changes to the District Work perceived as necessary by
the Contractor and any required change orders must be approved in writing by
the District in advance of such changes.
3.9 The 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:
a. The District will attend the Project pre- construction meeting.
b. The City will provide the 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 at any time.
c. The District will attend weekly construction meetings that involve the District
Work.
4. CITY RESPONSIBILITIES
4.1 The City shall be the lead agency for the Project with regard to design,
construction, SEPA review, permitting, inspection, contract administration,
funding and all other matters pertinent to accomplishment of the Project.
4.2 With the assistance of CH2M, the City shall prepare, advertise, and award the
contract bid documents, which shall contain five bidding schedules, three for the
City improvements, one for King County Water District No. 125 water line
relocation, and one for the District Work. The basis for Project award will be the
total lowest responsible bid for the sum of all five bid schedules. Prior to
advertisement, the City shall obtain the District's review and approval of the bid
documents. The bid documents, and the advertisement of them, shall comply
with City's bid statutes, ordinances and resolutions.
4.3 The City shall be responsible for providing all traffic control associated with the
construction of the Project.
4.4 The City shall require the Contractor to install and perform the District Work in
accordance with the Project's final plans, and the District's standards,
specifications, and inspector's written direction.
4.5 The City will provide written notification to the District at least five (5) days prior to
beginning construction of the District Work to allow for District scheduling of the
on -site inspector.
4.6 The City will schedule and attend weekly construction meetings with the City's
Contractor, District, and other franchise utilities involved in the Project.
4.7 The City shall require the Contractor constructing the Project to have the District,
its elected and appointed officers, agents and employees (collectively, the
"District' for the purposes of this provision) named as an insured on all policies of
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insurance to be maintained by the Contractor under the terms of the Project
contract, including the Contractor's Commercial General Liability Insurance,
Commercial Automobile Insurance, and Umbrella coverage. The District shall be
responsible to pay any additional cost incurred by the Contractor to name the
District as an additional insured. If the District is included as an additional insured
on such insurance, the Contractor shall provide the City with endorsement(s) to
such insurance necessary to confirm the District is an additional insured on such
policies /coverage. The City shall provide the District with copies of such
endorsement(s) upon receipt of same by the City.
The City shall also require the Contractor building the Project to indemnify,
defend, and save harmless the District and its elected and appointed officers,
agents, or employees from any claim, damage, action, liability of proceeding
brought or filed against the District or its officers, agents or employees alleging
damage or injury arising out of the Contractor's participation in the Project. The
Contractor shall also be required to waive the Contractor's immunity under
Washington's Industrial Insurance Act, RCW Title 51, as to the District solely for
the purposes of the indemnification.
5. COMPENSATION
5.1 The estimated cost for the District work related to this Agreement, as described
on Exhibit B is $313,654.00. Based on the estimated cost, the District shall pay
the City $24,978.00 for construction administration costs plus actual contractor
costs including tax for completed work, and /or services rendered under this
Agreement. The total amount to be paid by the District to the City, including the
construction administration costs referenced above, shall not exceed
$404,648.23 unless approved in writing by the District. The actual costs are
subject to change based upon final bid review, award of all relevant Project work,
and change orders.
5.2 The City shall invoice the District following completion of the Project work and
acceptance by the District of the District Work. Payments are due within thirty
(30) days of the District's receipt of an invoice from the City, except for any
disputed amounts.
5.3 Payment as provided in this section shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and
incidentals necessary to complete the work.
6. INDEMNIFICATION
Each of the Parties shall defend, indemnify and hold the other Party, their officers,
officials, employees and agents harmless from any and all costs, claims, judgment,
and /or awards of damages, arising out of or in any way resulting from that other Party's
negligent acts or omissions in performing under this Agreement. No Party will be
required to defend, indemnify or hold the other Party harmless if the claim, suit or action
for injuries, death or damages is caused by the sole negligence of that Party. Where
such claims, suits or actions result from the concurrent negligence of the Parties, the
indemnity provisions provided herein shall be valid and enforceable only to the extent of
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each party's own negligence. Each Party agrees that its obligations under this
subparagraph include, but are not limited to, any claim, demand, and /or cause of action
brought by, or on behalf of, any of its employees or agents. For this reason, each of the
Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW.
Further, the District shall defend, indemnify and hold the City, its officers, officials,
employees and agents harmless from any and claims brought by the Contractor relating
to the District Work, including but not limited to project delay claims, subject to the
provisions of Section 3 herein.
7. AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this Agreement shall
be subject to inspection, review or audit by the City or the District at the requesting
Party's sole expense during the term of this Agreement and three (3) years after
expiration or termination. Such records shall be made available for inspection during
regular business hours within a reasonable time of the request.
8. JOINT BOARD /SEPARATE LEGAL ENTITY
It is not intended that a separate legal entity be established to conduct this cooperative
undertaking. The City shall act as administrator of this Agreement.
9. FINANCE AND BUDGET
No special budget or funds are anticipated, nor shall any be created. The Parties are
each responsible for their own finances in connection with this Agreement, and nothing
in this Agreement shall be deemed or construed otherwise.
10. PROPERTY ACQUISITION HOLDING, AND DISPOSAL
Following final payment by the District and final acceptance of the Project by the City,
the sewer system improvements as depicted on Exhibit A shall become the property of
the District. Upon final acceptance of the Project, the City shall transfer and assign any
rights it may have under the Project contract relating to the District work to the District,
including any warranty and maintenance obligations by the Contractor relating to the
District work. The District's acceptance of the District work shall not constitute
acceptance of any unauthorized or defective work or materials, nor a waiver of any
manufacturer's, supplier's or contractor's warranties. The City shall also provide redline
drawings of the District work to the District upon completion of the Project work, such
redline drawings to be prepared at the District's expense. The District shall retain any
rights, claims or demands the District may have against the Contractor relating to the
District work under applicable statutes of limitation as a third party beneficiary under the
City's contract with the Contractor.
11. DURATION: TERMINATION
This Agreement shall be effective immediately after execution by both Parties, and shall
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-5-
remain in full force and effect until final acceptance of the Project and resolution of all
issues relating to the Project.
12. APPLICABLE LAW; VENUE; ATTORNEYS FEES
This Agreement shall be subject to, and the Parties shall at all times comply with, all
applicable federal, state and local laws, regulations, and rules, including the provisions
of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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 venue shall be properly
laid in King County, Washington. The prevailing party in any such action shall be entitled
to its attorney's fees and costs of suit. Venue for any action arising from or related to this
Agreement shall be exclusively in King County Superior Court.
13. SEVERABILITY AND SURVIVAL
If any term, condition or provision of this Agreement is declared void or unenforceable or
limited in its application or effect, such event shall not affect any other provisions hereof
and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
14. ENTIRE AGREEMENT; MODIFICATION
This Agreement, together with attachments or addenda, represents the entire and
integrated Agreement between the City and District and supersedes all prior
negotiations, representations, or, agreements written or oral. No amendment or
modification of this Agreement shall be of any force or effect unless it is in writing and
signed by the Parties.
15. NOTICES
Notices to the City of Tukwila shall be sent to the following address:
Cyndy Knighton
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
(206) 431 -2450 (Phone)
cyndy.knighton @tukwilawa.gov
Notices to the District shall be sent to the following address:
Andrew LaRue
Valley View Sewer District
3460 S. 148th St #100
Tukwila, WA 98168
(206) 242 -3236 (phone)
andrewl @valvue.com
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date last written
below.
I VVZ RI T CITY OF TUKWILA
7€57(
Print Name, Title:
DATE
Approved as to Form:
District Attorney
DATE
A a'n Ekberg, Mayor
DATE
Approved as to Form:
City Attorney
(S_ r241-7
DATE
Atte t/ uther ticated
City Clerk, Christy O'Flaherty
/1211
DATE
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EXHIBIT A
VALLEY VIEW SEWER DISTRICT
42nd Avenue South Gravity Sewer Improvements
Cost Estimate
Engineer: RH2 Engineering, Inc.
Engineer's Estimate
Bid Item
Description
Unit
Quantity
Unit Price
Total
D1
Traffic Control
LS
1
$ 25,000
$ 25,000
D2
Shoring & Trench Safety Systems
LF
433
$ 2
$ 866
D3
Temporary Erosion and Sedimentation Control
LS
1
$ 7,000
$ 7,000
D4
Dewatering
LS
1
$ 2,000
$ 2,000
05
Potholing '
EA
5
$ 900
$ 4,500
D6
Landscape and Misc. Restoration
LS
1
$ 7,000
$ 7,000
D7
Gilliam Creek Temporary Gravity Wastewater Bypass
LS
1
$ 9,500
$ 9,500
D8
Other Temporary Wastewater Bypasses
LS
1
$ 10,000
$ 10,000
D9
60 -inch Saddle Manhole (E17 -77)
LS
1
$ 7,000
$ 7,000
D10
48 -inch Standard Manhole (F17 -21, F17 -22)
EA
2
$ 7,000
$ 14,000
011
72 -inch Standard Manhole with Extra Channeling Work (E17 -51)
LS
1
$ 15,000
$ 15,000
D12
72 -inch Standard Manhole (E17 -53)
LS
1
$ 8,000
$ 8,000
D13
60 -inch Shallow Manhole (E17 -76)
LS
1
$ 7,000
$ 7,000
D14
72 -inch Shallow Manhole (E17 -49, E17 -52)
EA
2
$ 8,000
$ 16,000
015
8 -inch SDR 35 PVC Pipe
LF
172
$ 110
$ 18,920
D16
8 -inch AWWA C900 DR 25 PVC Pipe
LF
45
$ 120
$ 5,400
D17
18 -inch SDR 35 PVC Pipe
LF
32
$ 200
$ 6,400
D18
30 -inch Class 52 Ductile Iron Pipe with Ceramic Epoxy Lining
LF
184
$ 330
$ 60,720
D19
Controlled Density Fill Pipe Encasement
CY
110
$ 150
$ 16,553
D20
Crushed Surfacing Top Course Compacted Trench Backfill
LF
1283
$ 6
$ 7,700
D21
Crushed Surfacing Base Course Compacted Trench Backfill
LF
1283
$ 6
$ 7,700
D22
Gilliam Creek Crossing Crushed Surfacing Top Course Compacted Trench Backfill
LF
995
$ 6
$ 5,970
D23
Foundation Material
TON
356
$ 25
$ 8,898
D24
Gravel Driveway Restoration
LS
1
$ 1,400
$ 1,400
D25
10 -inch HMA Patch with 8 -inch Crushed Rock Base
SY
144
$ 60
$ 8,613
D26
Record Drawings and Post - Construction Survey
LS
1
$ 4,000
$ 4,000
Subtotal (Construction Costs)
$285,140
WSST (9.5 %)
$27,088
Total (Construction Costs w/ SST)
$312,228.57
8% of Total (with SST) for Construction Phase Admin and Engineering Coordination
Estimated Subtotal 1
20% of Subtotal 1
Estimated Subtotal 2
$24,978.29
$337,206.85
$67,441.37
$404,648.23
4/202011. 11:49 AM J: \Data \VSD \113 - 003 \01.120 Tukwila 40th to 42nd Ave S Wastewater Bypass \Cost Estimating \Tukwila ILA Cost estimate.xlsx
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EXHIBIT B
40th -42nd Avenue South — Phase III, Project No. 99410303 and 99341208
March 17, 2017 Bid Set
Construction Management Fees for Valley View Sewer District Sewer Construction
(Bid Schedule D)
Construction management costs assignable to Valley View Sewer District (District) are calculated as 8%
of the construction cost (with sales tax) to construct Bid Schedule D. Valley View Sewer District will
provide a full -time inspector during underground sewer construction and during the establishment and
removal of wastewater bypasses. The District will require the assistance of the City for the following
construction management activities:
1. Scheduling and management of the preconstruction conference.
2. Handling and forwarding of submittals and shop- drawings pertaining to Bid Schedule D work to
the District and returning District - reviewed submittals to the Contractor. Handling and
forwarding of Requests for Information (RFI) from the Contractor concerning Schedule D work to
the District and returning District responses to the Contractor.
3. Primary responsibility for processing pay requests. The District will verify the Bid Schedule D
quantities requested for payment by the Contractor and will relay this information to the City.
4. Notification and inclusion of District staff in construction progress meetings pertaining to Bid
Schedule D work.
5. Processing of change orders completed by the District and the Contractor. The District will
prepare documentation supporting District - related change orders and will negotiate change
order compensation with the Contractor.
6. Collection and transmittal of record drawing information gathered by the Contractor to the
District.
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