HomeMy WebLinkAbout20-040 - City of Kent - Interlocal Agreement: South 196th-200th Street Bridge20-040
Council Approval 5/4/20
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE CITY OF TUKWILA
REGARDING MAINTENANCE AND REPAIR OF S. 200" STREET BRIDGE
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the
CITY OF KENT, a Washington municipal corporation ("Kent"), and the CITY OF
TUKWILA, a Washington municipal corporation ("Tukwila") (individually, a "Party"
and collectively, the "Parties"), to memorialize their joint undertaking in the
maintenance of the South 200th Street Bridge that connects their respective cities.
I. RECITALS
1.1 The South 200th Street Bridge connects Kent and Tukwila, with the
limits of each city meeting at the thread of the Green River at the Bridge's location.
Both cities have responsibility for maintaining this bridge.
1.2 The Parties wish to enter into this Agreement, under the authority
provided for in Chapter 39.34 of the Revised Code of Washington, to identify the
Parties' individual responsibilities and to establish a process through which major
maintenance and repairs and other costs will be shared between the Parties.
NOW THEREFORE, in consideration of the mutual benefits and conditions
hereinafter contained, the Parties agree as follows:
II. AGREEMENT
2.1 Purpose and Intent. It is the purpose of this Agreement to establish
the duties and responsibilities of each Party with respect to the maintenance,
inspection, and repairs to the Bridge. It is intended that the Parties will work
together to keep the Bridge open to traffic and share equally in the total costs and
responsibilities associated with the Bridge's maintenance and repair. For the
purpose of this Agreement, "Bridge" is defined as the area depicted in Exhibit A
within which the following are included: girders, piers, pier caps, deck, sidewalk,
bearing and expansion joints, traffic barriers, railings, and pavement markings.
"Bridge" does not include luminaire poles and electrical conduits and conductors
related to traffic signal and illumination systems.
2.2 Duration. This Agreement shall become effective on the last date it is
authorized or ratified by the legislative body of Kent and the legislative body of
Tukwila. This Agreement shall remain in full force and effect unless it is terminated
by either Party in accordance with Section 2.6 below.
2.3 Administration of Agreement. To carry out the purpose of this
Agreement, a two -person administrative board ("Board") is hereby created to
administer this Agreement. The Board shall consist of the Public Works Directors or
their designees for Kent and Tukwila, unless a different representative is identified
by either Party in written notice to the other. The Board shall meet no less than
one time per year to discuss the performance of the obligations of Kent and Tukwila
INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 1 of 7
(Between Cities of Kent and Tukwila)
1oL 50,0i
pursuant to this Agreement. In the event the Board is unable to reach agreement
on any dispute that arises under this Agreement, the matter shall be submitted to
the Chief Administrative Officers for Kent and Tukwila to resolve.
2.4 Joint Management and Responsibility. The Bridge is a joint
responsibility of the Parties because its length spans into Kent's city limits on one
side and into Tukwila's city limits on the other side. This joint responsibility
requires cooperative action for all inspection, maintenance, engineering studies, or
other work or alterations that the Bridge may require over the years. All work on
the Bridge by the Parties' employees, contractors, consultants, or other means is
deemed to be a joint effort of the Parties irrespective of the status of the individuals
or firms actually performing the work.
Each Party, at its sole cost and expense, will maintain the approach slab,
retaining walls, illumination systems, guardrail, attenuators, and appurtenances on
its respective side of the city limits.
2.4.1 Aquatic Lands Easement. Kent has obtained an aquatic lands
easement from the State of Washington Department of Natural Resources for the
construction, installation, operation, maintenance, repair, replacement and use of
the Bridge. The easement ends on July 31, 2027 and is recorded under King County
Recording Number 9801271893. The Parties shall work together to extend the term
of said easement and share in the costs to do so.
2.4.2 Inspections. Tukwila will conduct, arrange, and coordinate all
Bridge inspections and will maintain all records and files concerning the Bridge, its
inspections, and all reports generated concerning the Bridge and its condition. If
during an inspection, Tukwila or its agent discovers that the Bridge requires Regular
Surface Maintenance, as provided in Section 2.4.7 below, Tukwila will so advise
Kent. The costs associated with the Bridge's inspection and the maintenance and
retention of all records concerning the Bridge will be at Tukwila's sole cost and
expense, unless the Parties otherwise mutually agree in writing or as provided for
in Section 2.5.1 below.
2.4.3 Engineering Studies. Tukwila will conduct, arrange, and
coordinate all engineering studies to comply with Federal Highway Administration
and Washington State Department of Transportation requirements and will retain all
records of all engineering studies records generated concerning the Bridge. If
during the performance of an engineering study, Tukwila, or its agent, concludes
that weight restrictions over the Bridge should be required, Tukwila will develop a
signing plan and present this to Kent for concurrence. Once a signing plan is
agreed -upon by both Parties, the Parties will install signage within their respective
city limits at its own cost in accordance with an approved signing plan. Tukwila
shall be solely responsible for the cost and expenses associated with the Bridge's
engineering studies in addition to the maintenance and retention of all records
concerning the Bridge, unless the Parties otherwise mutually agree in writing as
provided in Section 2.5.1 below.
INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200Th STREET BRIDGE - 2 of 7
(Between Cities of Kent and Tukwila)
2.4.4 Regular Surface Maintenance. Kent will perform regular surface
maintenance of the Bridge ("Regular Surface Maintenance"). Regular Surface
Maintenance shall only include debris removal from the sidewalk, sweeping of the
Bridge deck, paint line striping, anti -ice applications as necessary, and snow
removal during snow and ice events. Kent shall be solely responsible for the cost
and expenses associated with Regular Surface Maintenance, unless the Parties
otherwise mutually agree in writing or as provided for in Section 2.5.1 below.
"Graffiti Removal" and "Vegetation Maintenance" activities, as defined in Section
2.4.5 below, are not considered Regular Surface Maintenance, and must be
conducted in accordance with Section 2.4.5 below.
Any other work that does not constitute Regular Surface Maintenance,
Graffiti Removal, or Vegetation Maintenance will be considered "Major Maintenance
or Repair," as defined in Section 2.4.7 below, and must be conducted in accordance
with Section 2.4.7.
2.4.5 Graffiti Removal & Vegetation Maintenance. Each Party shall: (i)
perform vegetation maintenance on, around, and beneath its respective side of the
Bridge, and (ii) remove or cover graffiti that appears on that Party's respective side
of the Bridge, as identified in Exhibit B. Such work is not considered Regular
Surface Maintenance under Section 2.4.4.
2.4.6 Use of Existing Conduits. Kent owns existing interconnect
communication lines installed in conduit across the Bridge, which both Parties agree
shall remain in place. Kent will be solely responsible for the maintenance of said
lines. Any new uses of existing conduits within the Bridge shall require approval of
both Parties. The installation of new conduits on the Bridge shall require a separate
agreement.
2.4.7 Major Maintenance or Repair. Any work needed on the Bridge
that is not considered as Regular Surface Maintenance under Section 2.4.4 is
considered "Major Maintenance or Repair" work, the expense of which will be
shared equally between the Parties. However, alterations to the Bridge are not
considered Major Maintenance or Repair and any cost -sharing or coordination in the
construction of such alterations will require a separate agreement. In the event
either Party discovers that Major Maintenance or Repair work should be conducted,
the Board provided shall meet, agree upon the Major Maintenance or Repair work to
be performed on the Bridge, and appoint one of the Parties to serve as the lead
agency to conduct, coordinate, or arrange for the Major Maintenance or Repair
work, including completion of any bidding and contracting process. Prior to
awarding any contract, the lead agency will provide other agency the opportunity to
review bid information and make a recommendation regarding the award. The lead
agency will bill the other agency in accordance with Section 2.5.2. below.
2.4.8 Emergency. If an emergency bridge closure has been declared
by a Party, either Party may make repairs to the Bridge as it deems necessary to
remedy the emergency, and agrees to notify the other Party as soon as practicable,
but at least within twenty-four hours of the first Party having declared the
INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200Th STREET BRIDGE - 3 of 7
(Between Cities of Kent and Tukwila)
emergency. The Parties agree the cost of any emergency repairs will be shared
equally between them.
2.4.9 Permits. Permits from both Parties are required before the start
of any maintenance or repair activities requiring temporary traffic control on the
Bridge. Additionally, any special event utilizing the Bridge must also be permitted
by both Parties.
2.5 Payment.
2.5.1 Inspections & Regular Surface Maintenance. Each Party agrees
to perform its stated obligations under this Agreement at its sole cost and expense.
However, should the performance of obligations required under this Agreement
result in one Party contributing more than 50% toward the overall joint undertaking
in any one year, the Board will discuss the matter and determine an equitable
resolution agreeable to both Parties that fulfills the stated purpose and intent of this
Agreement.
2.5.2 Major Maintenance or Repair. Each Party agrees to pay 50% of
the total costs, less grants received, of all agreed -upon Major Maintenance or
Repair work on the Bridge in accordance with Section 2.4.7 above, including actual
costs attributable to direct labor, employee benefits, equipment rental, materials
and supplies, utilities and permits, insurance, contractual services and
administrative overhead costs, including the actual cost of the time and resources
contributed by the lead agency in conducting, coordinating, and arranging for the
major maintenance or repair work. The lead agency will submit to the other Party a
monthly invoice of all costs incurred by the Major Maintenance or Repair work and
that Party's 500/0 share due, which sum shall be paid within thirty (30) days of the
date of the invoice. If the Party receiving the invoice objects to all or any portion
thereof, it shall notify the lead agency and reserves the option to only pay that
portion of the invoice not in dispute. In that event, however, the Parties will
immediately make every effort to settle the disputed portion.
2.5.3 Grants or Funding Alternatives. The Parties will work
cooperatively to seek federal or state grants, or to pursue other funding
alternatives, for expenses related to the Bridge's repair and maintenance and agree
to share equally in any local match that may be required.
2.6 Termination.
2.6.1 Termination for Default. Either Party may terminate this
Agreement, in whole or in part, in writing if the other Party substantially fails to
fulfill any or all of its obligations under this Agreement through no fault of the
terminating Party, provided that insofar as practicable, the Party terminating the
Agreement shall provide the other Party with a notice of termination ("Notice of
Termination") given at least thirty (30) calendar days prior to the date of
termination and state the manner in which the Party has failed to perform the
obligations under this Agreement; and an opportunity for the Party to cure the
INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200Th STREET BRIDGE - 4 of 7
(Between Cities of Kent and Tukwila)
default within thirty (30) calendar days of the Notice of Termination or within a
reasonable time period as otherwise stated. If a Party receives a Notice of
Termination and fails to remedy the default or the breach to the satisfaction of the
other Party within the time period established in the Notice of Termination or any
extension thereof, granted by the Party not at fault, this Agreement will be deemed
terminated.
2.6.2 Termination by Mutual Written Agreement. This Agreement
may be terminated by mutual written agreement executed by both Parties, subject
to the provisions of Section 2.6.3 below.
2.6.3 Duties of Parties upon Termination. Upon termination of this
Agreement for default or by mutual written agreement, the Parties agree to work
together cooperatively to develop a coordinated plan for transferring work
completed up to the time of termination and determining reasonable contract close-
out costs. Termination by any Party shall not extinguish or release either Party from
liability, claims or obligations to third parties existing as of the time of termination.
Any costs incurred prior to proper notification of termination will be borne by the
Parties in accordance with the terms of this Agreement. The Indemnification and
Insurance provisions set forth in Section 2.7 below and all remedial provisions shall
survive termination of this Agreement.
2.7 Indemnification and Hold Harmless. Tukwila shall defend, indemnify,
and hold Kent, its officers, officials, employees, agents and volunteers 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 Tukwila's performance of this
Agreement, except for that portion of the injuries and damages caused by Kent's
negligence. Similarly, Kent shall defend, indemnify and hold Tukwila, its officers,
officials, employees, agents and volunteers 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 Kent's performance of this Agreement, except for that
portion of the injuries and damages caused by Tukwila's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT
THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES EACH PARTY'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or
termination of this Agreement.
2.8 Insurance. Each Party shall carry and maintain, for the duration of
this Agreement, general liability, property damage, and errors and omissions
insurance coverage with an admitted carrier for the state of Washington with the
following minimums:
INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 5 of 7
(Between Cities of Kent and Tukwila)
General Liability: $5 million per occurrence; and
Property Damage: $5 million per occurrence; and
Errors and Omissions: $5 million per occurrence.
The coverage shall be "occurrence based" rather than "claims made."
In the alternative, each Party may satisfy the requirements of this section by
becoming or remaining a participant in an authorized self-insurance pool in the
State of Washington with protection equal to or greater than that specified herein.
2.9 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 either Kent or Tukwila for up to three years after termination of this Agreement.
2.10 Resolution of Disputes and Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington.
If the Parties are unable to settle a dispute, difference or claim arising from the
Parties' performance of this Agreement, the exclusive means of resolving that
dispute, difference or claim, shall be by filing suit under the venue, rules and
jurisdiction of the King County Superior Court, King County, Washington, unless the
Parties agree in writing to an alternative dispute resolution process. In any claim or
lawsuit for damages arising from the Parties' performance of this Agreement, each
Party shall be responsible for its own legal costs and attorney's fees associated with
defending or instituting such claim or lawsuit, including all appeals, in addition to
any other recovery or award provided by law; provided, however, nothing in this
paragraph shall be construed to limit either Party's right to indemnification under
Section 2.7 of this Agreement.
2.11 Written Notice. All communications regarding this Agreement shall be
sent to the Parties at the addresses listed on the signature page of the Agreement,
unless notified to the contrary. Any written notice hereunder shall become effective
three (3) business days after the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated in
this Agreement or such other address as may be hereafter specified in writing.
2.12. 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 Kent and Tukwila.
2.13 Entire Agreement. The written provisions and terms of this Agreement
shall supersede all prior verbal statements of any officer or other representative of
the Parties, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner this Agreement.
2.14 Severability. If any section of this Agreement is adjudicated to be
invalid, such action shall not affect the validity of any section not so adjudicated.
INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 200TH STREET BRIDGE - 6 of 7
(Between Cities of Kent and Tukwila)
2.15 Interpretation. The legal presumption that an ambiguous term of this
Agreement should be interpreted against the Party who prepared the Agreement
shall not apply as this Agreement was jointly prepared by the Parties.
2.16 Ownership of Property. Any property owned and used by Kent in
connection with this Agreement shall remain the property of Kent, and any property
owned and used by Tukwila shall remain the property of Tukwila, unless otherwise
specifically provided for in this Agreement.
2.17 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS, the Parties below execute this Agreement, which shall
become effective on the date provided for in Section 2.2 above.
TUKWILA:
KENT:
CITY OF TUKWILA: CITY OF KENT:
By:ij/J
(signature)
Print Name: Allan Ekberg
Its Mayor
1ZI
(Title)
DATE: 5 I ?,a,Zs D
NOTICES TO BE SENT TO:
Hari Ponnekanti, P.E.
Public Works Deputy Director / City
Engineer
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
(206) 431-2455 (telephone)
(206) 431-3665 (facsimile)
Hari.Ponnekanti@TukwilaWa.gov
APPROVED AS TO FORM:
City Attorney
By:
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
William Thomas
Street Superintendent
City of Kent Public Works Department
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5600 (telephone)
(253) 856-6600 (facsimile)
APPROVED AS TO FORM:
Assistant City Attorney
INTERLOCAL AGREEMENT REGARDING MAINTENANCE
OF SOUTH 20011' STREET BRIDGE - 7 of 7
(Between Cities of Kent and Tukwila)
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