HomeMy WebLinkAbout21-141 - Washington State Department of Transportation - Maintenance Agreement: Riverton Creek Flapgate Removal Project21-141
Council Approval 9/13/21
Maintenance Agreement between
The City of Tukwila
and the
Washington State Department of Transportation (GMB 1201)
Riverton Creek - SR 599/SR 99 Vicinity
This Agreement is made and entered into between the Washington State Department of Transportation,
hereinafter "WSDOT," and the City of Tukwila, Washington, hereinafter the "City," collectively the "Parties" and
individually the "Party."
RECITALS
1. The City is constructing the Riverton Creek Flapgate Removal Project, hereinafter the "Project," which
includes, but is not limited to, the removal of culverts and flapgates at the confluence of Riverton Creek
and the Duwamish River, fish habitat improvements, planting, and associated roadway improvements.
2. Some Project construction is taking place in WSDOT limited access right of way pursuant to the terms of
GCB 3352, including Amendment No. 1. The City agrees it is responsible for the maintenance of
roadway shoulder restoration landscaping and all Large Woody Debris in the Riverton Creek channel,
hereinafter "Landscaping," in the Maintenance Area shown in Exhibit A.
3. WSDOT and the City wish to define maintenance responsibilities within WSDOT's right of way
jurisdiction.
NOW THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if fully set
forth below, and in consideration of the terms, conditions, covenants and performances contained herein, and the
attached Exhibit A that is incorporated herein by this reference, IT IS MUTUALLY AGREED AS FOLLOWS:
1. CITY MAINTENANCE RESPONSIBILITIES
1.1
The City, at the City's sole cost and expense, shall maintain and provide all materials and labor associated
with the replacement, repair, and any other incidentals for the Landscaping in the Maintenance Area
shown in Exhibit A. The City's obligations for Landscaping shall include plant replacement as needed
and weed control at least once per year.
1.2 The City shall ensure the Landscaping is maintained in a safe and operable condition and prevent
premature deterioration. The City shall use best management practices developed as part of the
Washington State Aquatic Habitat Guidelines Program (available at
https://wdfw.wa.gov/publications/00046) and best management practices developed by the Washington
Invasive Species Council (available at https://invasivespecies.wa.gov).
1.3 In performing any work covered by this Agreement, the City shall comply with all federal and state
nondiscrimination laws, regulations and policies.
1.4 Modification, Replacement or Relocation of the Landscaping:
1.4.1 If the City, in its sole discretion, determines that it is necessary to replace or modify the
Landscaping, the replacement or modification shall require prior written approval of WSDOT.
1.4.2 The City agrees to relocate and/or remove the Landscaping within thirty (30) calendar days of
receipt of WSDOT's written notice to perform such work in the event a state highway project
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requires removal or relocation. If the City does not relocate or remove the Landscaping, the
Landscaping shall be removed by WSDOT, and the City agrees to pay WSDOT the actual direct
and related indirect costs in accordance with Section 2.5.
1.5 Traffic Control
1.5.1 The City shall not perform any work authorized under this Agreement in such a manner as to
conflict with, impede or disrupt in any way state highway construction, operation or maintenance,
or interfere with or endanger the safety of the traveling public. If it is likely that the City's work
shall conflict with, impede or disrupt in any way state highway construction, operation or
maintenance, or interfere with or endanger the safety of the travelling public, then the City shall
submit traffic control plans to the WSDOT Construction Traffic Control Operations Manager for
the Northwest Region, for review and approval prior to the start of the City's work. WSDOT
shall review and approve, modify, or reject the City's traffic control plans within fifteen (15)
business days after receipt of the plans. If WSDOT rejects the plans, WSDOT shall work
cooperatively with the City to develop acceptable plans.
1.5.2 The City agrees that all traffic control for any work authorized pursuant to Section 1.5.1 shall be
in compliance with the Manual on Uniform Traffic Control Devices (MUTCD).
1.6 Third Party Damage
1.6.1 The City shall be responsible for repairing all third -party damage to the Landscaping at the City's
expense.
1.6.2 If WSDOT has information concerning third party damage to the Landscaping it shall provide the
information to the City as soon as practicable after receipt of request for records from the City.
2. DEFICIENT MAINTENANCE
2.1 In the event the City does not perform the work identified in Section 1, WSDOT reserves the right to
perform the necessary work to the extent necessary for the safe operation and maintenance of WSDOT
right of way. Should WSDOT perform such work, the City agrees to pay WSDOT the actual direct and
related indirect costs in accordance with Section 2.5.
2.2 Should the City fail to perform its maintenance responsibilities which do not directly impact the
construction, operation and maintenance of WSDOT right of way, or adversely affect the safety of the
traveling public pursuant to this Agreement, WSDOT shall provide written notification to the City to
perform the work to cure the identified deficiencies within thirty (30) calendar days after receipt of said
notification.
2.3 If, in the case of a deficiency that the City cannot with due diligence cure within a period of thirty (30)
calendar days, the City shall request in writing for the approval of a time extension to remedy those
deficiencies. After approval, the City shall proceed in good faith cure the deficiency as agreed.
2.4 WSDOT may perform or begin planning for the needed work at the end of the thirty (30) calendar day
notice period. Should WSDOT perform such work, the City agrees to pay WSDOT the actual direct and
related indirect costs in accordance with Section 2.5.
2.5 The City shall reimburse WSDOT for the actual direct and related indirect costs of WSDOT's work
authorized by this Agreement. Upon receipt of a detailed, itemized invoice from WSDOT, the City shall
GMB 1201 Page 2 of 6
make payment within thirty (30) calendar days. All sums due from the City to WSDOT and not paid
within thirty (30) calendar days of the date of invoice shall bear interest at the rate of twelve percent
(12%) per annum, or the highest rate of interest allowable by law, whichever is greater; provided that, if
the highest rate allowable by law is less than twelve percent (12%), interest charged hereunder shall not
exceed that amount. Interest shall be calculated from the thirty-first calendar day until the date paid. If
the City objects to all or any portion of an invoice it shall notify WSDOT within twenty (20) calendar
days from the date of receipt and shall pay only that portion of the invoice not in dispute. WSDOT and
the City shall make every effort to settle the disputed portion, and if necessary, utilize dispute resolution
as provided for in Section 7 of this Agreement. No interest shall be due on any portion of an invoice the
City is determined not to owe following settlement between the Parties or completion of dispute
resolution process.
3. EMERGENCY MAINTENANCE
3.1 In the event of an emergency involving the Landscaping that has damaged or is likely to imminently
damage WSDOT right of way, the City shall perform emergency maintenance and/or repair to rectify the
problem within one (1) working day of notification, email being acceptable, from WSDOT.
3.2 If the City is not available to perform the emergency maintenance and/or repair work to address the
identified problem, WSDOT reserves the right to perform the emergency work. Such emergency work
may be accomplished by WSDOT personnel or its authorized contractor and the City agrees to reimburse
WSDOT for its actual direct and related indirect costs in accordance with Section 2.5.
4. RIGHT OF ENTRY
4.1 WSDOT hereby grants to the City and its authorized agents, contractors, subcontractors, and employees a
right of entry upon all WSDOT right of way for the purpose of accomplishing the work authorized by this
Agreement, subject to the traffic control provisions of Section 1.5.
5. PARTY REPRESENTATIVES
5.1 Unless otherwise stated herein, for all communications under this Agreement the Parties designate the
following representatives:
City of Tukwila
Washington State Department of Transportation
Hari Ponnekanti
Gordon Elley
Public Works Director
Superintendent Area 5 Maintenance
City of Tukwila
Washington State Dept. of Transportation
6300 Southcenter Blvd, Suite 100
10833 Northup Way NE
Tukwila, WA 98188
Bellevue, WA 98004
(206) 433-0179
Phone: (425) 739-3730
Hari.Ponnekanti@TukwilaWA.gov
ElleyGK@wsdot.wa.gov
5.2 A Party may designate an alternative representative and, in this event, shall notify the other Party in
writing, which includes communication by email.
6. DAMAGE TO PROPERTY
6.1 The City and its authorized agents, contractors, subcontractors, and/or employees shall not damage
WSDOT property while performing maintenance, operation and/or repair of the Landscaping. If the City,
its authorized agents, contractors, subcontractors and/or employees damages WSDOT property, the City
GMB 1201
Page 3 of 6
agrees to be directly responsible to WSDOT for the cost of reasonable repairs; provided that, prior to
either the City or WSDOT commencing any such repairs, the Parties shall meet and confer regarding the
nature and scope of repairs that are needed and shall allocate responsibility for the work.
6.2 WSDOT and its authorized agents, contractors, subcontractors, and/or employees shall not damage City
property while performing maintenance, operation and/or repair of the Landscaping. If WSDOT, its
authorized agents, contractors, subcontractors, and/or employees damages City property, WSDOT agrees
to be directly responsible to the City for the cost of reasonable repairs; provided that, prior to either the
City or WSDOT commencing any such repairs, the Parties shall meet and confer regarding the nature and
scope of repairs that are needed and shall allocate responsibility for the work.
7. GENERAL PROVISIONS
7.1 Amendment: This Agreement may be amended or modified only by the mutual agreement of the Parties.
Such amendments or modifications shall not be binding unless they are in writing and signed by persons
authorized to bind each of the Parties.
7.2 Term: The Term of this Agreement shall commence as of the date this Agreement is executed and shall
continue for a period of ten (10 years).
7.3 Start of Work: The City agrees that its maintenance and/or repair work obligations pursuant to this
agreement shall start as soon as there has been construction and acceptance by WSDOT of the
Landscaping as defined in GCB 3352.
7.4 Termination:
7.4.1 This Agreement may be terminated by the mutual written agreement of the Parties.
7.4.2 This Agreement shall terminate ten (10) years after the date this Agreement is executed.
7.4.3 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the
Parties prior to termination.
7.5 Indemnification and Waiver: Each of the Parties shall protect, defend, indemnify, and hold harmless the
other Party and its officers, officials, employees, and/or authorized agents, while acting within the scope
of their employment as such, from any and all costs, claims, judgements, and/or awards of damages (both
to persons and/or property), arising out of, or in any way resulting from, that Party's obligations
performed or to be performed pursuant to the provisions of this Agreement. No Party shall be required to
indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or
damages (both to persons and/or property) is caused by the sole negligence of the other Party. Where
such claims, suits, or actions result from the concurrent negligence of the Parties, their officers, officials,
employees, and/or authorized agents, and/or involve those actions covered by RCW 4.24.115, the
indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence
of the indemnifying Party, its officers, officials, employees, and/or authorized agents. The Parties agree
that their obligations under this section extend to any claim, demand, and/or cause of action brought by,
or on behalf of, any of their officers, officials, employees, and/or authorized agents. For this purpose
only, the Parties, by mutual negotiation, hereby waive, with respect to each other only, any immunity that
would otherwise be available against such claims under the Industrial Insurance provisions of Title 51
RCW. This indemnification and waiver shall survive the termination of this Agreement.
GMB 1201 Page 4 of 6
7.6 Disputes: The Parties shall work collaboratively to resolve disputes and issues arising out of, or related
to, this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. To
this end, following the dispute resolution process in Sections 7.6.1 through 7.6.4 shall be a prerequisite to
the filing of litigation concerning any dispute between the Parties:
7.6.1 The Representatives designated in this Agreement shall use their best efforts to resolve disputes
and issues arising out of, or related to, this Agreement. The Representatives shall communicate
regularly to discuss the status of the tasks to be performed hereunder and to resolve any disputes
or issues related to the successful performance of this Agreement. The Representatives shall
cooperate in providing staff support to facilitate the performance of this Agreement and the
resolution of any disputes or issues arising during the term of this Agreement.
7.6.2 A Party's Representative shall notify the other Party in writing of any dispute or issue that the
Representative believes may require formal resolution according to Section 7.6.4. The
Representatives shall meet within five (5) working days of receiving the written notice and
attempt to resolve the dispute.
7.6.3 In the event the Representatives cannot resolve the dispute or issue, the City's Mayor, and
WSDOT's Northwest Region Administrator, or their respective designees, shall meet and engage
in good faith negotiations to resolve the dispute.
7.6.4 In the event the City's Mayor and WSDOT's Northwest Region Administrator, or their respective
designees, cannot resolve the dispute or issue, the City and WSDOT shall each appoint a member
to a dispute board. These two members shall then select a third member not affiliated with either
Party. The three-member board shall conduct a dispute resolution hearing that shall be informal
and unrecorded. All expenses for the third member of the dispute board shall be shared equally
by both Parties; however, each Party shall be responsible for its own costs and fees.
7.7 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall
be brought in Thurston County Superior Court. Further, the Parties agree that each shall be solely
responsible for payment of its own attorney's fees, witness fees, and costs.
7.8 Records and Audit: All records for maintenance, operation and/or repair work done pursuant to this
Agreement shall be held and kept available for inspection and audit by WSDOT, the City and the Federal
government for a period of six (6) years from the date of termination of this Agreement or any final
payment authorized under this Agreement, whichever is later. Each Party shall have full access to and
right to examine said records, during normal business hours and as often as it deems necessary. Should a
Party require copies of any records from the other Party, the requesting Party agrees to pay the reasonable
costs thereof. In the event of litigation or claim arising from the performance of this Agreement, the City
and WSDOT agree to maintain the records and accounts until such litigation, appeal or claims are finally
resolved. This section shall survive the termination of this Agreement.
7.9 Severability: Should any section, term or provision of this Agreement be determined to be invalid, the
remainder of this Agreement shall not be affected and the same shall continue in full force and effect.
7.10 Calendar Day: Calendar day means any day on the calendar including Saturday, Sunday or a legal local,
state, or federal holiday.
7.11 Working Day: Working day means any day other than Saturday, Sunday, or a legal local, state, or federal
holiday.
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7.12 Independent Contractor: Parties shall be deemed an independent contractor for all purposes, and the
employees of each Party or any of its contractors, subcontractors, consultants, and the employees thereof,
shall not in any manner be deemed to be employees of the other Party.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed
below.
City of Tukwila
Sign and Date'.
,,,,,,,,eSignedviaSe,InlessDocs.com
Allan Ekberg
.ayar
Approved as to Form
City of Tukwila
Sign and Date:
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cj' oe. (t_S)adi-eK
Key:71,527,20,5Uat,,0151211,5,0,171,53
Name:
City Attorney
09/22/2021
Washington State
Department of Trat
Sign and Date:
PO
Morgan Balogh
Assistant Regional Administrator
Maintenance, Northwest Region
Approved as to Form
Washington State
De artment of Transportation
Sign and Datq:
Name:
Assistant A
eneral
GMB i2thl Pago 6 colf(6
CONTRACTOR WORK ZONE. A MAXIMUM
OF 15 PARKING STALLS MAY BE
CLOSED WITHIN THIS ZONE. (SEE
GENERAL SITE LOGISTICS NOTES)
DUWAMISH RIVER
STABILIZED CONSTRUCTION ACCESS
ONTO TRAIL. SEE SHEET 02.1
INTERMITTENT WORK ZONE.
PARKING STALLS MUST REMAIN
OPEN DURING HOURS OF
2A111-6PM MON.—FRI. (SEE
GENERAL SITE LOGISTICS NOTES)
BUILDING 1
/
/
TEMPORARY STAGING AREA FOR LANDSCAPE
IMPROVEMENTS. INSTALL OFFRAMP SHOULDER
CLOSURE TRAFFIC CONTROL PER SHEET TC.1.
ANY REVISIONS TO THE OFFRAMP TRAFFIC
CONTROL MUST BE SUBMITTED BY THE
CONTRACTOR TO WSDOT FOR APPROVAL.
NTS
TEMPORARY STAGING AREA FOR WORK IN WETLAND\
AREA. A MAXIMUM OF 15 PARKING STALLS ALONG
THE SOUTHWEST FACE OF BUILDING 1 MAY BE
CLOSED DURING THE HOURS OF 2A1A-6PM FOR A
TOTAL DURATION OF 15 WORKING DAYS
•
Maintenance Area
/
/
/
BUILDING 2
,tri
GREEN RIVER TRAIL
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R/I1RT0
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SRS99
Exhibit "C" Sheet 3 of 32
Construction Agreement No. GCB 3352 JZ 0627
SR 99 (MP 1.61 to MP 1.75)
Riverton Flapgate Removal
PUBLIC WORKS DEPT.
-ENG I N EERI NG -STREETS -WATER -SEWER -PAR KS -BU I LDI NG-
APY
Otak
11241 Will°. Road NE, Suite 200
Redmond, WA 98052
.5 822 4446
4
Exhibit A
GMB 1201
Maintenance Agreement
City of Tukwila and
WSDOT
Page 1 of 1
S
116TH
LEGEND,
PROJECT LIMITS
— — HAULING ACCESS ZONE
HAULING ROUTE
�/ %� TwHROUGHOUT CNFRACFOR W0RKNSTRUCTION) 0 1 (OCCUPIED
�/
ZON77771 (RV 0C2SANC1ANEAREA
GENERAL SITE LOGISTICS NOTES
TRAFFIC CONTROL SHOWN ON SITE LOGISTICS PLANS IS CONCEPTUAL ONLY FOR THE PURPOSE OF BIDDING. CONTRACTOR SHALL SUBMIT FOR APPROVAL TO THE
ENGINEEFAEFF CONTROL
PLAN
INCLUDING PEDESTRIAN ACCESS THAT ADDRESSES A_L C NDRONS OF THE SITE LOGISTICS PL AND LIS EO BELOW
TO SPECIAL PROVISION OZ
A PROVIDE ACCESS (MIN_ 2D WIDTH) IN THE EV NT DFA EMERGENCY DURING C NSTRUCTION HOURS_ MAINTAIN MIN_ 20 ROAD WIDTH DURING
NON—CONSTRUCTIONAHOURS
E
B. MAINTAIN HARD SURFACE VEHICULAR ACCESS TO DELIVERY DOCKS AND GARBAGE DUMPS ERS AT ALL TIMES.
C MAINTAIN SAFE VEHICULAR AND PEDESTRIAN (CUSTOMER) ROUTES TO AND FROM PARKING AREAS AND STORE ACCESS BEYOND BARRIER AND SECURITY FENCE.
D. PROVIDE TEMPORARY TRAFFIC CONTROL WHEN ACCESS ROUTES ARE TEMPORARILY BLOCKED.
WHILE WORKING WITHIN THE INTERMITTENT CONSTRUCTION ZONE, CONTRACTOR SHALL PLAN AND SCHEDULE WORK INA MANNER THAT WILL ALLOW TWO—WAV
VEHICULAR ACCESS DURING THE HOURS OF IAM-6PM AND PEDESTRIAN ACCESS TO BUILDING DOORWAYS AT ALL TIMES. ALTERNATING ONE WAV TRAFFIC WITH
FLACCERS MAY BE ALLOWED FOR STAGING OF HEAVY EQUIPMENT F. BRIDGE AND STRUCTURAL WALL WORK IF TRAFFIC CONTROL PLAN IS APPROVED BY
ENGINEER
AND PROPERTY OWNER. NICHT WORK OR WEEKEND WORK MAY BE NECESSARY, SEE SECTION 1-5.0(2)OF THE SPECIAL PROVISIONS FOR REDUIREMENTS.
3. CONTRACTOR SHALL INDICATE POTENTIAL BUSINESS OPERATION IMPACTS ON THE TWO WEEK LOOK—AHEAD SCHEDULE. SEE SPECIAL PROVISION SECTION 1-08.3(20
4. PLACE TEMPORARY SECURITY CHAIN LINK FENCE AROUND CONTRACTOR WORK ZONE. FENCE SHALL BE TIGHTLY SECURED WHEN CONTRACTOR IS NOT WORKING
ON—SITE.
THE CONSTRUOSON STAGING SHOWN ON
ESE PLANS IS
5 PROPOSED ALTERNATIVE STAGING. BUT THEHBASED ACCESS COMMITMENTS
PROPOSAL MUST CLEARLY SHOWHOWACCESS TO ADJACENT BUSINESSES IS MAINTAINED THROUGHOUT CONSTRUCTION.
CONSTRUCTION WILL NOT SMART UNTIL THE CONTRACTOR HAS EITHER PROVIDED THE CITY WITH WRITTEN ACCEPTANCE OF THE STAGING ON THESE PLANS OR HAS
SUBMITTED AN ALTERNATIVE PROPOSAL TO THE CITY AND RECEIVED WRITTEN APPROVAL OF THE PROPOSAL FROM THE CIN.
[CALL BEFORE YOU DIG 1—B00-424-5555
RIVERTON CREEK FLAP GATE REMOVAL
SITE LOGISTICS PLAN
4t
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32
32 ,
le no C1.2
scale AS SHOWN
042.020
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Riverton Creek Flap Gate Removal Project No. 99830103
Remove two culverts and flap gates that confluence with the Duwamish River; daylight creek, install trail
DESCRIPTION: bridge
over creek, habitat improvements and planting for 1,200 lineal feet of creek, inc 1/4 acre backwater wetland
habitat and 400 ft of river; associated structural improvements for TIB roadway and adjacent commercial
JUSTIFICATION: Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River.
Improve fish access to Riverton Creek and enhance salmon rearing and resting area.
STATUS: Project construction began in 2020.
MAINT. IMPACT: Expected to increase maintenance.
Construction funding from the State RCO Salmon Recovery Funding Board, King County Cooperative
COMMENT: Watershed Management, King County Opportunity Funds, the WRIA 9 Re -green the Green Program and City
Surface Water Funds.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Design
391
391
Land (R/W)
0
Monitoring
25
25
Const. Mgmt.
200
5
205
Construction
1,654
25
1,679
TOTAL EXPENSES
391
1,854
55
0
0
0
0
0
0
2,300
FUND SOURCES
Awarded Grant RCO
116
781
897
King County Grant
240
50
290
People for Puget S
30
30
Mitigation Expected
0
Utility Revenue
245
833
5
0
0
0
0
0
0
1,083
TOTAL SOURCES
391
1,854
55
0
0
0
0
0
0
2,300
..!i.i.11111iir 11111,11,1111111'1111111
2021 - 2026 Capital Improvement Program
90