The URL can be used to link to this page

Home My WebLink About19-103 - King County Department of Natural Resources - 2018 Small Drainage Funding: South 180th Street Bridge Flood Wall Extension19-103 Council Approval 6/3/19 AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR THE SOUTH 100m STREET BRIDGE FLOOD WALL EXTENSION This Agreement is made and entered into by King County, Washington ("King County"), by and through its Water and Land RCSOLII-Ces Division of the King County Department ofNatural Resources and Parks (hereinafter referred ,o as ''VVLKD''), and the City ufTukwila (hereinafter referred to as "City"), and collectively referred toasthe ''Purticy." X. Purpose The purpose of this Agreement is foi- the City to undertake activities in connection with the South 180111 Street Bridge Flood V/uU Extension Project ("Project"), identified in the King County Hood Control District's ("District") annual budget and work prograrn for fiscal year 2018. The Project has been determined by the District to inerit funding as consistent with the District's mission and purpose. King County in large measure through VViKD functiuns usthe service provider tnthe District under the terms of an interlocal agreement ("ILA") between King County and the District and under the |L/\ implements the District's annual work program and budget. King County by and through the VVLR-D is entering into this Agreement in its capacity as service provider to the District, This /\grccmcniprovides the terms under which the City will provide project Management, design and engineering, environmental review and planning, public Outreach and construction for the Project, as described in Exhibit One, attached to this Agreement and incorporated herein and made pun hereof, and the VVLKD will reimburse the City LIP to $65,]78.O0for Project costs. 11. Background � The S. |O0m St. Bridge Hoodv/uU was constructed incorrectly and angles down under the S. 180"' St. Bridge. This leaves a gap in flood protection and may lead to flooding of the Ttikwila Urban Center. ProJectwU|eztondoncxishugOoodp/oUverticaUyxnddcitinto1bcroadwuyhridge abutment a1the B. lX0mSt. Bridge F|oodxmU\oprovide lO0'ycarflood protection. The project "/iU correct this deficiency. The &io�Cuuo|y Hood Control District ("District") has appropriated $65,378.00 dollars to supp*rt/he PrOjCCt, which is Wcnri6cd as uPnoposcd Action in the 2018 King Coun|I Houd Hazard Management Plan, and in the 2018 adopted District Six— year Capital Improvement Plan. 8UK' /kdnmiois{,oduo A. Thcterms o[d/iu Agreement will be administered Cor\VLKU by Pro.1cct Liaison to hedesignated hvVV[RD(''KCPL"),and[hr|hc[(iyhvaProJcc\Liaisonu`bc designated 6vthe City ("TPL"). D. In the event that a dixpu|c arises Under this Agreement, it shall be referred for resolution no the Division Director ofYViKD, or other representative as designated by Kill(, and tothe Ci\y'n Pub|ic VVorkaDircc1o�orother rcprcscn\advc designated hythe City. This dispu|crcyo\oiion provision shall not hccons1rucd as prohibiting either Party hnmseeking cnforccmcntu[\hcterms ofthio/\orecmunl,or rc|icforncmcdy from x breach ofthu\urmx o[tbis/\grecmcxt, in law oc in uquity. IV. 6icoyouaihJi1io* A. City |ThcTTLWill Cuxurcthat the KCPLiskept �cucnzUyinformed o[y cc1utu|us, inClUdin'- scope, schedl-Ile and bLid,,ct, and Will C11SUre that the KCPI, has the oppoI-tuni|icofor participation, review, and approval I-orspecific activities and ProJectdc|ivcruNcs, as ocioui in Eshibh One, attached to this Agreement and incorporated herein and made apart huruu[ 2. The City shall per[orm tuuku as described in Exhibit One, and shall provide copies o[uU ddhcruNoutnW[RD. 3. The City will bill VVLKDtorperformance nfbakuand services provided per Exhibit One uxdescribed in SccdonV. 4. Upon completion of the Pro.ject,1hcC(1yohaU be entirely responsible kvuU long- term Pju1moxitoringruquircdbvogu\ak,[yorpcnniUixgogcnciusuxduny applicable permits. 8. County |. WLRD shall pay 1`6r the services provided as described in L`xhlbit One and make payments in accordance with ihcterms o[Section V.bc\ow. 2. VVLKUwill provide timcknvic*`&cdbackand when necessary, decisions Oil approval, on all dc|ivcmNcs provided by the City. 2 3. The KCPL ortheir representative will attend meetings, site visits, and public outreach events as described in Exhibit One. V. Revisions b,Project 0copuuod/orBudget At two Project stages, completion of\buengineering cost estimate and bid selection, the Parties will determine whether Project coy\snU|uppcurtocxouedtbc\ob|o[$65,378.00 provided for in this &grccmen1. If it appears Project costs will be exceeded, Tukwila may request that the District consider allocating additional funds k,the Project. The District iu not u party to this Agreement and nothing in this Agreement creates an obligation for the District <oallocate nrconoidurallocating additional funds tuthe Project. |fuddi1ionxl funds become available and the Parties agree to an increased Project total, the Parties will execute ail amendment tothis Agreement. |fadditional Project fundsdonotbccomc available, the Parties may agree toamend the P cc1Scmpu so that Project costs do not exceed tile amount provided for in this Agreement. V1. Billing and Payment A. VV[RI)shuUpay1heCityup\o$65,378.0OK`roctuo|coxtoincuncdtoperfbrmthe tasks as described in Exhibit One, as Currently budgeted in the District CIP budget for the Project. B. Expenditures tohcreimbursed hvYVLRUshall beincluded oil itemized invoices Submitted 6vthe City and shall bcSubject 10approval bvWiKD.The City will invoice \f[KDon xquarterly basis. Poymcriton approved invoices will be made within 45 days. C. The Parties represent that funds for conducting activities under this Agreement have been appropriated and are available for 2019. To the extent that conducting activities covered undcr this Agreement requires [u1un: appropriations beyond Current appropriation authority, cuuho[the Parties' obligations iscontingent upon the appropriation n[xuFficicn1funds bythat Purty'ulegislative authority iwcomplete the activities described herein. King Couniy'x obligations are further contingent upon the future appropriation of funds by the District. If noSuch appropriation is nnudc by either Party, or by the District, this Agreement will terminate u|the close of the appropriation year 661- which the |ug appropriation that funds these activities was V11. G*ocralTermy A. This /\grccmcniiseffective upon Signature 6vboth Parties and shall remain in 3 effect until the end of the one year warranty period. B. This Agreement may be amended, altered, clarified, or extended only by the written agreement of the Parties hereto. C. This Agreement is not assignable by either Party, either in whole or in part. Neither Party is acting as the agent ofthe other in carrying out the obligations and activities under this Agreement D. The City shall observe and abide by all applicable requirements related to the procurement of goods and services as mandated by law. E. -Ihis Agreement is a complete expression of the intent ofthe Parties and any oral or written representations or understandings not incorporated herein are excluded. The parties recognize that making regular progress is necessary in the performance of the provisions ofthis Agreement. Waiver °fatty default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification ofthe terms °Idle Agreement unless stated to be such through written approval by the parties which shall be attached to the original Agreement. F. This Agreement and any activities authorized hereunder shall not be construed as granting any rights or privileges to any third person or entity, or as a guarantee or warranty of protection from flooding or flood damage to any person, entity or property, and nothing contained herein shall be construed as waiving any immunity to liability by the. City, the County and/or the District, granted under state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or provided .for by law. 4 VXUK. Indemnification Tothe maximum extent permitted by law, the City uhoU defend, indemnify and hold humn|osx the District and King County, and all oftheir officials, employees, principals and agents, from any and all c|ainos, demands, suits, actions, fines, penalties and |iubi\ityo[uny kind, including injuries to persons or damages to property, arising out of, or as a consequence of, the design and imp|cnnenin1ion of the Project. As to all other obligations Linder this /\groenncnt, to the nuuxinnuon extent permitted by law, each Party abu|| defend, indemnify and hold harmless the other Party, and all ofko ofGcio|u, employees, principals and agents, from any and all c|ninno, dcnnunds, suits, actions, Fines, penalties and liability of any kind, inc|uding injuries to persons or damages to property, arising out of or relating to any negligent acts, errors or omissions ofthe indemnifying Party and its contractors, agents, employees and representatives in performing these obligations under this /\grconnenL Uov/over, ifany such damages and injuries to persons or property are caused by or result from the concurrent negligence of' King County or its contractors, employees, agents, or representatives, and the City or its contractor or employees, agents, or representatives, each Party'sob|igu1ion hereunder applies only to the cxtcntnf\bc negligence of such Party or its contractor uremployees, agents, or representatives. This indcnnniOcu1ion provision sbuU not be construed as waiving any immunity granted k/the City, the District, or King County, Linder state statute, including chapters 86.12 and 86.15 KC\V, auto any other entity. F-nch Party agrees that its obligations Linder this uuhporugrnph extend to any claim, demand, and/or cause ofaction brought by, or on behalf of, any of' its employees or agents. For this purpose, each Party, by mutual negotiation, hereby vvuivco, with respect tothe other Party only, any innnounity that would oihcrvvi*c be available against such claims under tile Industrial Insurance provisions o[Title 51 KCVV.|nthe event that uParty Incurs any judgment, award, and/or cost arising thcnchnnn, including attorneys' fees, to enforce the provisions of this Article, all such R:co, cspcnocs, and costs shall he recoverable from the responsible Party 10the extent of IX. Counterparts This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day of "2, 20 \c'\ . Approved as to Form King County: By: By: Title: Deputy Prosecuting Attorney Title: Director, Department of Natural Resources and Parks Approved as to Form By: Title: City of Tukwila: Allan Ekberg By: itle: - ATTEST/AUTHENTICATED 6 Christy 0' Flaherty, MMC, City Clerk Thc8. 180"' St. Bridge F|oodxmUwas originally constructed incorrectly and angles down under tile S. 180m St. Bridge. '['his leaves a gap in flood protection and may lead to flooding Of tile 'I'Likwila Urban Center. Project will extend an existing flood wall vertically and tie itinto the roadway bridge abutment ul ihcS. \8OmSt. Bridge HoodnuUlnprovide l0O-ycurflood protection. The p icc\niUuonrut[his deficiency. Budget: [)cuignEn&incming$ $ 9,000 Construction Engineering $12,378 Construction $44,000 Total $65,378 7