HomeMy WebLinkAboutPW16-031 - Original - King County (Wastewater Treatment Division) WTD - Joint Geotechnical Work - 09/30/2015 ecords Man A` ge- MOA A-
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. Ali portions are to be completed.
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INTERAGENCY AGREEMENT BETWEEN KING COT JNTY(WASTEWATER
TREATMENT DIVISION ("WTD"))
AND CITY OF KENT FOR JOINT GEOTECIINICAL WORK
THIS AGREEMENT (the"Agreement")is made and entered into by and between King
County, a political subdivision of the state of Washington through its Department of
Natural Resources and Parks, Wastewater Treatment Division("King County" or the
"County") and the City of Kent, a Washington municipal corporation(the "City"). The
County and the City may be referred to herein individually as a"Parry" and collectively
as the"Parties."
RECITALS
A. A portion of the City street located at the approximate intersection of 84th
Avenue South (East Valley Highway) and South 222°`' Street, in the City of. Kent
Washington has experienced unusual settlement (hereinafter the "Street Settlement").
B. A section of King County sewer pipeline crosses beneath the area of the Street
Settlement. This sewer pipeline has also experienced unusual settlement and damage.
C. Because the Street Settlement is directly over the location of the sewer pipeline
settlement the City believes the street settlement is connected to the sewer pipe
settlement.
D. King County has observed settlement of both the street and the sewer pipe and
believes that further investigation is needed to identify the cause of the settlement under
that portion of 84t11 Avenue S. which was widened under a developer's extension
agreement.
E. The Parties have an interest in gaining a better understanding of the geological
conditions in the area of the Street Settlement.
F. The Parties agree to jointly retain the services of Shannon& Wilson, Inc. under a
work order contract with Kennedy/Jenks Consultants to perform the geotechnical work
described in the Scope of Work attached hereto as Exhibit 1 and to divide the cost of the
work equally, with each Party paying one-half of the cost actually invoiced by
Kennedy/Jenks Consultants for the work.
NOW THEREFORE, in consideration of the terns, conditions, covenants, and
promises contained herein,the Parties agree as follows:
Page 1
AGREEMENT
1. Purpose of Agreement and Scope of Work. The purpose of this Agreement is to
set forth the mutual rights, responsibilities and obligations of the County and the City for
the Scope of Work described in Exhibit 1, attached hereto and incorporated herein by this
reference (hereinafter referred to as the "Scope of Work or the "Work")- No separate
legal entity is created by this Agreement. the County shall hire Kennedy/Jenks
Consultants (the "Consultant") who will retain Shannon& Wilson as a subconsultant to
perform the Scope of Work, summarized as follows and set forth in Exhibit 1.
• Review existing documents provided by King County.
• Coordinate with King County and the City of Kent in preparation for subsurface
explorations.
• Perform five borings each to 40 feet deep at locations shown.
• Install piezometers with dataloggers in the wells.
• Obtain groundwater data from the wells twice and remove dataloggers.
e Decommission the piezometers (remove the surface monuments, cut the
piezometer wires, and patch/restore the surface).
• "test soil samples retrieved from the borings.
• Prepare a geotechnical data report (GDR).
The County shall invoice the City for the City's share of the actual costs related to the
Scope of Work in accordance with the payment provisions of Section 3 of this
Agreement. the County will authorize the Scope of Services, by issuing a Notice to
Proceed to the Consultant to perform all tasks in the Scope of Work set forth iu Exhibit 1.
2. Duration of Agreement. This Agreement shall become effective immediately
upon execution by the Parties and shall remain in effect until the Scope of Work is
complete and the City has paid the County in fall for one-half of the actual cost of the
Scope of Work, in accordance with the payment provisions of Section 3 herein unless
terminated sooner, as provided herein. The Parties anticipate that the Scope of Work will
be completed by Consultant on or before the end of October 2015.
3. Payment.
3.1. The City agrees to reimburse the County one-half of the actual cost invoiced by
the Consultant to perform the Work as set forth herein. An estimate of the Consultant's
costs to perform the Scope of Work is attached hereto as Exhibit 2, and incorporated
herein by this reference.
Page 2
3.2. The Parties acknowledge and agree that the hours and costs described in Exhibit 2
are an estimate based on the information provided to date. The County and the City
agree to each pay one-half of the actual costs of the Scope of Work performed by the
Consultant even if the actual costs exceed the estimated costs set forth in Exhibit 2.
3.3. The County will provide the City monthly with a copy of the Consultant's invoice
upon receipt. The County will pay Consultant for the invoiced amount, less any required
or appropriate adjustments(the "Proper Invoice Amount"). The City shall pay the
County one-half of the Proper Invoice Amount within thirty (30) days from receipt of the
invoice,without offset or deduction for any reason. If applicable,the Parties shall
consult with one another and coordinate the sending of any notice of potential dispute
regarding any invoice within the same 30 day time period.
4. Work to be Performed by the City.
® Issue Street Use Permit and Traffic Control Permit
An observer during drilling
® Provide horizontal and vertical survey location of the five exploratory holes to
be drilled by the consultant after the drilling work is completed.
5. Work to be Performed by the County.
• Manage the Work Order Contract
• Obtain the rights of entry for private property access
6. E'xchanpe of Documents.
6.1. The City agrees to provide the County with the following documents within 30
days of the date of this Agreement:
Any and all documents pertaining to the design, construction, upgrading,
maintenance and repair of the roadway, utilities and other facilities located at 84th
Avenue South(East Valley Highway) and South 222nd Street, ill the City of Kent
Washington. 'this includes any and all documents associated with work in the area such
as,without limitation, construction, maintenance and repair documents for the following
items and activities:
a. All records associated with the roadway including any transfer documents from
WSDOT;
b. Survey results, recorded or otherwise;
C. Utility franchise agreements, construction and inspection documents;
d. Documents regarding any City utility facilities such as water, storm water, and
sanitary sewer;
C. Documents regarding any private developer frontage improvements and related
work; and
f. ULID 115 design, construction, and inspection documents.
Page 3
6.2. The County agrees to provide the City with the following documents within 30
days of the date of this Agreement, except as noted below:
a. All inspection records, TV reports, comprehensive plans, maintenance records,
replacement plans and construction related to the subject trunk sewer;
b. Copy of Geotechnical Data Report (GDR) as described in paragraph 1 above, (to
be provided as soon as it is available).
7. No Admission of Liability. The Parties agree that this Agreement and the
willingness of each Party to enter into this Agreement shall not be construed as an
admission of fact or liability by either Party for any purpose. This Agreement is expressly
made without prejudice to, and shall not be deemed a waiver of, any rights, privileges or
defenses available to the Parties, all of which are expressly reserved.
8. Mutual Indemnification
8.1. "the City shall defend, indemnify and hold the County and its officers, officials,
employees, and agents free and harmless from any and all demands,costs, claims,
judgments, orders or decrees for personal injuries, death or damage to property arising
out of or in any way resulting from any act or omission or willful misconduct of the City,
or its officers, officials, employees or agents in the performance of this Agreement;
provided however that if such claims are caused by or result from the concurrent
negligence oPthe County, its otlicers, officials, employees or agents, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the City;
and provided further that nothing herein shall require the City to hold harmless or defend
the County from any claims arising from the sole negligence or willful misconduct of the
County, its officers, officials, employees and agents. No liability shall attach to the City
by reason of entering into this Agreement except as expressly provided herein.
8.1 The County shall defend, indemnify and hold the City and its officers, offcials,
employees and agents free and harmless from any and all demands, costs, claims,
judgments, orders or decrees for personal.injuries, death or damage to property arising
out of or in any way resulting from any act or omission or willful misconduct of the
County, or its officers, officials, employees or agents in the performance of this
Agreement;provided however that if such claims are caused by or result trom the
concurrent negligence of the City, its officers, officials, employees or agents, this
indemnity provision shall be valid and enforceable only to the extent of the negligence of
the County; and provided further that nothing herein shall require the County to hold
harmless or defend the City from any claims arising frmn the sole negligence of the City,
its officers, officials, employees and agents. No liability shall attach to the County by
reason of entering into this Agreement except as expressly provided herein.
8.3 Solely for purposes of enforcing the indemnification obligations ofa Party under
this Section 8, each Party expressly waives, by mutual negotiation, its irmmmity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that
the obligation to indemnify, defend and hold harmless provided for in this Section 8
Page 4
i
extends to any such claim brought against the indemnified Party by or on behalf of any
employee of the indemnifying Party. The foregoing waiver shall not in any, way preclude
the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
9. County's Use of Consultant for Other Work in Anticipation of Litigation.
9.1. The Parties acknowledge and agree that in anticipation of litigation, the County
and its attorneys may wish to retain the services of Shannon& Wilson, independently, to
provide the County and its attorneys with consulting and/or expert witness services'
regarding the sewer pipeline and Street Settlement, such work referred to herein as the
"Independent Work in Anticipation of Litigation." With respect to such hndependent
Work in Anticipation of Litigation, the City will not assert that Shannon & Wilson has a
conflict of interest based upon its performance of the Scope of Work pursuant to this
Agreement.
9.2. The Parties agree that in pursuing any claims that may exist between the Parties,
they will not assert that this Agreement or the exchange or disclosure of any information
under this Agreement waived or waives any applicable rights or privileges or protection
from disclosure or the attorney work product and/or attorney-client privilege. Further,
the Parties agree that this Agreement does not and shall- not give the City a right or
entitlement to any information that may be developed by Shannon.& Wilson as part of
the Independent Work in Anticipation of Litigation. The obligations under this Section 9
shall survive the termination of this Agreement.
10. Termination.
10.1. Prior to the Parties issuing a Joint Notice to Proceed to the Consultant, either
Party may terminate this Agreement by providing written notice to the other Party of its
desire to terminate this Agreement.
10.2. After the Parties issue a Joint Notice to Proceed to the Consultant to commence
the Scope of Work, either Party may terminate this Agreement only upon five calendar
(5) days' prior written notice to the other Party. In that event, the terminating Party shall
be responsible for its share of all costs authorized under section 3 and its share of all bona
fide costs claimed by the Consultant in performing the Scope of Work up to and
including the date of termination.
11. Documents Prepared by Consultant. The documents prepared by the Consultant
as part of the Scope of Work shall be the property of each Party and each Party shall
receive a copy thereof.
Page 5
12. Dispute Resolution
12.1. If a dispute arises between the County and the City, under this Agreement the
Parties agree that, the contract administrators for each Party shall meet and confer in an
effort to resolve the dispute. If the contract administrators cannot resolve the dispute
within fourteen (14) calendar days then either Party may request that the City Manager
and the Director of Wastewater Treatment Division ("WTD") or their respective
designees review the dispute and meet and confer in an effort to resolve the dispute. If
the City Manager and the Director of WTD are unable to resolve the dispute, then each
Party may take whatever steps it deems appropriate.
122. This Agreement has been made pursuant to, and shall be construed according to,
the laws of the State of Washington. In the event the Parties find it necessary to institute
legal proceedings to enforce any provision of this Agreement, such proceedings may only
be brought in the Superior Court of King County, Washington.
13. Changes and Modifications. Either Party may request changes, amendments, or
additions to any portion of this Agreement; however, except as otherwise provided in this
Agreement, no such change, amendment, or addition to any portion of this Agreement
shall be valid or binding upon any Party unless it is in writing and executed by the other
Party.
14. Notices
Any notice required to be given by any Party to the other pursuant to the provisions of
this Agreement or any law, present or future, shall be in writing and shall be dccmed to,
have been duly given or sent if either delivered personally or deposited in the United
States Mail, postage prepaid, addressed to the following:
TO KING COUNTY:
Wastewater Treatment Division
Attn: Kathy Loland
201 S. Jackson Street, Suite 0503
Seattle, WA 98104-3855
TO CITY OF KENT:
Public Works Department
Attn: Timothy J. LaPorte
220 4u' Ave. S.
Kent, WA 98032
All notices issued under this Agreement shall be deemed received on the second
business day after being deposited in the United States mail, or if personally delivered, at
the time they are actually hand delivered to the addressee or if sent by facsimile, upon
automatic or telephone confirmation of receipt. Each Party may change its notice address
Page 6
set forth in this section by giving notice of a new address to the other Party in accordance
with this section.
15.. Entire Agreement. This Agreement contains all the terms and conditions
agreed upon by the Parties. No other understandings, oral or otherwise, regarding the
subject matter of this Agreement shall be deemed to exist or to bind either of the Parties
hereto.
16. Assignment. The Work to be performed under this Agreement is not assignable
or delegable by any Party in whole or in part, without the express prior written consent of
the other Party.
17. Waiver. A failure by either each Party to exercise its rights under this
Agreement shall not preclude that Party from subsequent exercise of such rights and shall
not constitute a waiver of any other rights under this Agreement unless stated to be
such in a writing signed by an authorized representative of the Party and attached to the
original Agreement.
18, Severability. If any provision of this Agreement shall be held iiwalid, such
invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of
applicable law and the fundamental purpose of this Agreement, and to this end the
provisions of this Agreement are declared to be severable.
19. Third Party Beneficiary Nothing in this Agreement shall be construed to
create any rights in or duties to any third party, nor any liability to or standard of care
with reference to any third party. This Agreement shall not confer any right, or remedy
upon any person other than the Parties hereto. This Agreement shall not release or
discharge any obligation or liability of any third party to any Party herein.
20. Authority. Each individual signing this Agreement warrants that he or she has
the authority to enter into this Agreement on behalf of the Party for which that individual
signs.
Page 7
IN WTTNESS WHEREOF, the Parties have executed this Agreement on the dates
shown below.
AGREED TO AND ACCEPTED:
King County
DATED: ] - °-� Z�� , 2015 By �'t���
Title 1ss,s ,wj i7,v sr ii� G �r
City of Kent
DATED: I C 2015 BYE
Title: V V
Page 8
Exhibit 1 — Scope of Work
Work Order Request Form
Wastewater Treatment Division
Multidisciplinary Design and Technical Review Services
Work Order Contract for the Wastewater Treatment Division
Work Order Basis Contract
E00329E14 with Kennedy/Jenks Consultants, Inc.
Scope of Work
Work Order Number#05
Project Title: Kent-ULID 1/5 Pipe Settlement Investigation
Project Number: 1126603, Task 1
SectionlUnit Manager: Joe Barnett
Facility Name: Kent ULID 1/5 Sewer
Project Manager/Phone: Dave Stark (206) 477-5410
Additional Client Contact: Joel Paulson, Project Engineer (206) 263-1137
I
Protect Background, Oblective and Constraint
A section of 84th Avenue S in the City of Kent overlays a 24" King County sewer
pipeline (ULID 1/5); both the roadway and th a sewer pipeline have experienced
settlement between manholes 57G and 57H (Figure 1). The objective of this
Work Order is to collect geotechnical and groundwater data from five boring
locations near the settlement area (Figure 2) and document these findings in a
geotechnical data report. This information will be evaluated under a separate
analysis (not part of this Work Order) to identify the root cause of the settlement
and make recommendations for additional investigations as deemed necessary.
Safety Concerns
The drilling locations are in and near a busy arterial. The driller will provide a
traffic control plan for work within the 84th Avenue S right-of-way (ROW) to the
City of Kent for review and approval. Work will occur after business hours and on
the weekend.
Environmental/Perm its
NA
Community Issues
King County and the City of Kent will work with adjacent business owners to
reduce impacts on operations during business hours.
i
Page 1
Consultant Scope/Required Discipline
Task 1 — Project Management
Consultant will provide a Project Manager to serve as a point of contact with the
County on contractual, technical, and quality control issues with King County
staff. The Project Manager will be readily available to meet with or conduct
telephone conversations with King County staff at the County's discretion.
Task 2 — Geotechnical Subsurface Exploration
Consultant will review existing documents provided by King County (Attachment
1); coordinate with King County and the City of Kent in preparatic-n for subsurface
explorations; perform five borings each to 40 feet deep; install piezometers with
data loggers in the wells; obtain groundwater data from the wells twice and
remove hardware, decommission the piezometers (removing the surface
monuments, cutting off the piezometer wires, and patching/restoring the surface);
test soil samples retrieved from the borings; and prepare a geotechnical data
report. The Consultant will take before and after photographs of each boring
location to document that the property was restored to its condition immediately
prior to the boring.
Task 2 Assumptions
1. Street use permits and traffic control approval will be issued by the City of
Kent at no cost to the Consultant. The Consultant will provide a description of
the work and traffic control plans to the City.
2. Ground survey (X, Y, and Z) of the five boring locations will be provided by
the City of Kent.
3. Coordination with private property owners, including rights of entry, will be
performed by King County.
4. Two borings will be performed on private properties during non-business
hours, and three borings in the 84th Avenue S ROW will be completed on the
ensuing weekend. If a boring location on the 84th Avenue S ROW will obstruct
access to a business during normal business hours then the boring shall
occur during non-business hours. Tacoma Screw is closed on the weekend,
but Les Schwab is open Saturday 8 a.m. to 5 p.m. and closed Sunday.
5. No contaminated soil or groundwater will be encountered.
Task 2 Deliverables
1. Geotechnical Data Report to include site description, exploration description,
interpretive geologic profiles, boring logs, and groundwater data.
Pane 2
King County Responsibilities
1 . Provide existing geotechnical and other historical documents.
2. Obtain right of entry and right of exploration from two private property owners.
3. Coordinate with City of Kent to gather survey information for the five boring
locations.
Preliminary Schedule
Dates will be adjusted by mutual agreement between King County and the
Consultant.
Item Due Date
NTP- September 21, 2015
Perform Subsurface Explorations October 1 to 5, 2015
Collect data October 18, 2015
Submit Draft Geotechnical Data Report October 23, 2015 _
Submit Final Geotechnical Data Report October 30, 2015 _
Decommissioning Complete October 31, 2015
Page 3
Attachment 1 — List of Existing Documents/Information to be provided digitally by
King County
• Photographs of Repair of 84th Avenue S. near Boring Location B-3.
Page 4
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King County
Department of Natural Resources and Parks ,.
Wastewater Treatment Division ',.
King Street Center, KSC-NR-0507
201.S Jackson Street
Seattle, WA 98104-3855
206-477-5371 Fax 206-684-1959 M Relay: 71.1 _
September 29, 2015
Tim LaPorte
Public Works Director
City of Kent
400 West Gowe Street
Kent, WA 98032 ,
Dear Mr, LaPorte;
Enclosed are two copies of the Interagency Agreement Between King County (Wastewater
Treatment Division ("WTD")) and City of Kent For Joint Geotechnical,Work. Each copy of the
Agreement includes four attachments: Exhibit I —Scope of Work, Figure I —Location of
Manholes 57G and 57H, Figure 2—Boring Locations, and Exhibit 2— Consultants Cost
Estimates. Sandra Kilroy, Wastewater Treatment Division Assistant Director, has signed both
copies of the Agreement on behalf of Pam Flardo, Director of the King County Wastewater
Treatment Division,
Please return one fully executed Interagency Agreement to my attention at the address above.
Should you have questions or comments,please feel free to contact me at(206) 477-5410.
Sine rely,
J'��"
David Stark, PMP
Capital Project Manager
Enclosures
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CREATING RESOURCES FROM WASTEWATER