HomeMy WebLinkAboutPW16-332 - Original - City of Covington - Improvements Between Jenkins Creek & 185th Place SE - 08/26/2016 ® Records Mond" ,
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: ctl'<fjY°<(8toyl O'N t)f
Vendor Number:
JD Edwards Number
Contract Number: QWlu d �3L
This is assigned by City Clerk's Office
Project Name: Kent/Covington ILA for SR 516 Jenkins Creek to 185th Project
Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: Date Agreement approved by both parties.
Termination Date: December 31, 2018
Contract Renewal Notice (Days): By written agreement
Number of days required notice for termination or renewal or amendment
Contract Manager: Sean Bauer Department: PW Operations
Contract Amount: $137,579.46
Approval Authority: ❑ Department Director ® Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
This inter-local agreement is between the City of Kent and the City of Covington for Joint
PW Operations for CIP 1127 SE 272nd (SR516) Improvements btwn Jenkins Creek & 185th
PI SE. Kent has three water transmission mains that are located in SE 272no St & Cross
Jenkins Creek. These water mains will need to be relocated in order to construct the
Jenkins Creek Bridge.
As of: 08/27/14
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INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF COVINGTON AND KENT
FOR JOINT PUBLIC WORKS OPERATIONS FOR CIP 1127
SE 272ND ST. (SR 516)IMPROVEMENTS
BETWEEN JENKINS CREEK AND 185THPLACE SE
THIS INTERLOCAL AGREEMENT("Agreement")is entered into between the CITY OF
COVINGTON, a Washington municipal corporation ("Covington"), and the CITY OF KENT, a
Washington municipal corporation ("Kent"), (collectively the "Parties" or "Cities" or in the
singular"Party" or"City").
WHEREAS, the Parties are "public agencies" as defined by Chapter 39.34 RCW, and
through the provisions of that Chapter are authorized by state law to enter into interlocal
agreements on the basis of mutual advantage and thereby to provide services and facilities in the
manner and pursuant to forms of governmental organization that will accord best with geographic,
economic,population, and other factors influencing the needs of local communities; and
WHEREAS, RCW 39.34.030 authorizes an agreement for joint or cooperative action by a
public agency upon appropriate legislative action by the governing body of each agency prior to
entry into such agreement; and
WHEREAS, the Parties have similar operational needs in relationship to Covington's
public works capital improvement project CIP 1127, SE 272ad St. (SR 516)Improvements between
Jenkins Creek and 185"Place SE ("Project"or"CIP 1127"), and can provide savings to taxpayers
through contracting for shared services and by Covington providing services on behalf of Kent;
and
WHEREAS, Kent has three water transmission mains ("Kent's Facilities") that are located
in SE 272nd St. and cross Jenkins Creek. These water mains will need to be relocated in order to
construct the Jenkins Creek bridge;and
WHEREAS, the engineering design scope of work is attached hereto as Exhibit "A" and
the cost estimate for the relocation of Kent's Facilities within the Project is attached hereto as
Exhibit `B,"both being incorporated herein by reference;and
WHEREAS, actual construction costs will be determined as a result of approved contract
bids and actual construction and construction administration costs approved by both Parties;and
WHEREAS, each Party can realize certain economies from sharing resources and
piggybacking onto contracts; and
WHEREAS, Kent has agreed to follow Covington's contracting procedures for bidding,
contracting, and purchasing where required by this Agreement;and
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WHEREAS, Kent has agreed to compensate Covington for expenses incurred when
utilizing the procedures offered under this Agreement;
NOW THEREFORE, in consideration of the mutual promises contained herein, it is
agreed between the Parties as follows:
1 Purpose.It is the purpose of this Agreement to utilize the provisions of state law to enable
the Parties to take advantage of economies of scale in sharing resources, by providing services to
Kent, by conducting joint operations and by utilizing cooperative purchasing, in relation to CIP
1127.
2 Definitions.
21 "Contracting Procedures" means the ordinances, resolutions, and administrative
orders adopted by a Party that specify the methods by which that Party purchases goods,
equipment and services and the methods by which that Party obtains professional
services, advertises for bids and awards contracts.
22. "Lead Agency" is the Party designated as having administrative oversight of the
services being provided to other Parties, including the responsibility for tracking
expenses, providing invoices, and reconciling costs for services rendered.
23. "Piggybaclring"refers to the process by which a Party utilizes the contract that another
Party has entered into with an outside vendor to make purchases or to receive services
from that outside vendor.
A Offered Contracted Services.
Covington agrees to perform the following services for Kent pursuant to the terms of this
Agreement:
3.1 Design. Covington agrees to offer design services to relocate Kent's Facilities by third-
party vendors contracting with Covington, to Kent for CIP 1127.
3.2 Right-of-Way Services Covington agrees to offer right-of-way services by third-party
vendors contracting with Covington, to Kent for CIP 1127.
KA Construction Management. Covington agrees to offer construction management
services, either by Covington staff or third-party vendors contracting with Covington,
to Kent for CIP 1127.
3A. Project Management Services.Covington agrees to offer general project management
services, either by Covington staff or third-party vendors contracting with Covington,
to Kent for CIP 1127.
4. Request for Services.
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The following process shall be followed by Kent when seeking to engage Covington for joint
operations or contracted services under this Agreement(excluding cooperative purchasing, which
is addressed in Section 5,herein):
4.1. Requests for Additional Services. In addition to the agreed-upon scope of work, as
set forth in Exhibit"A,"Kent shall submit a written request for any additional service,
not covered in Exhibit "A," to Covington, setting forth the requested scope of work,
requested duration or frequency of work, the location of the work, the estimated cost
of the work and budgeted amount for the work, any equipment and materials required,
any additional specifications or standards that must be considered, and a date by which
a response is requested. If Kent is limited in the amount of money it can spend on the
request due to a budget appropriation, Kent must specify that limitation in its request.
For the purposes of this sub-section, the Parties agree that a written request may be
submitted by Kent to Covington via email.
42 Acceptance of Request for Additional Services. Covington shall respond to the
written request for additional services, made pursuant to Subsection 4.1, through a
written acceptance or denial. Should Covington fail to respond to Kent by the date
specified in the request, Kent's request shall expire and be void. An acceptance shall
include the agreed upon scope of work, the total estimated direct cost for the work, the
estimated indirect cost(all administrative charges and overhead), whether a deposit will
be required and if so, for what purpose, and the duration and/or schedule for the work
and any specifications or standards that will be applicable. The written acceptance shall
require the signature of the appointed administrator of Covington, the appointed
administrator of Kent.
4A Outside Vendor Contracts. If any of Covington's services to be rendered, related to
this Agreement, are services provided by a contract between Covington and an outside
vendor, Covington's contract with the vendor shall reference this Agreement, specify
that the vendor agrees to provide services to a Party other than Covington, and add
Kent as an additional insured on the vendor's required insurance policies. Covington
shall provide a copy of its contract with the outside vendor to Kent with its written
acceptance to Kent.
4A. Covington as Lead Agency. Covington shall have administrative oversight of the
services requested, any advertisement for bids and award of contract, and the
accounting for the services. Covington shall generally incur the cost of the service being
performed for Kent and, in most circumstances, shall be responsible for invoicing Kent
for services rendered.
4S Services that Require Bidding and Contracting. A service that requires an
advertisement for bids and an award of contract shall be specified by Covington in
writing. Pursuant to Subsection 4.4, Covington, as Lead Agency, shall be solely
responsible for conducting an advertisement for bids and awarding a contract. In
advertising for bids and awarding a contract, Covington shall follow state law and
Covington's adopted local ordinances/rules. Covington may consult with Kent as to
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the terms and provisions in a request for bids, but Kent shall have no role in awarding
the contract. Covington assumes sole responsibility for compliance with state law and
Covington's adopted local ordinances and rules pertaining to the award of the contract,
management of the contract, contract close-out, warranty, and required financial
guarantees. Any claims by laborers/materialmen/mechanics/suppliers shall be handled
by Covington.Resolution of any dispute under the contract awarded by Covington shall
be the sole responsibility of Covington. The prosecution or defense of any legal claim
involving the contract awarded by Covington shall be the sole responsibility of
Covington. Covington may request contribution or assistance from Kent in resolving
any dispute or in prosecuting or defending any legal claim involving the contract
awarded by Covington, but any such contribution or assistance shall be at the sole
discretion of Kent.
4.5.1. Allocation of Costs for Shared Bid Items.
To protect the Parties from a bidder shifting disproportionate costs of shared
bid items onto either Party's bid schedule, shared bid items such as, but not
limited to,mobilization,clean-up, demobilization,temporary erosion control,
and various items related to traffic control shall all be contained within the
primary Schedule of the Bid Documents.
The cost of said shared bid items shall be proportioned between Covington
and Kent based on either: (1) Identification of bid items subject to cost sharing
and item by item proportional allocation of costs as agreed between the Parties
prior to bid advertisement; or (2) Identification of bid items subject to cost
sharing as agreed between the Parties prior to bid advertisement and
proportional allocation of their costs based solely upon the costs of the
Parties' Bid Schedules relative to the sum of the two.
The Parries shall agree to the method for cost sharing. The derived allocation
percentages shall be applied to the engineer's estimate to determine each
Party's estimated dollar share prior to bids, to the contract bid to estimate
each Party's contract share, and then to the final contract cost for said items
to determine each Party's final contract share.
4.5.2. Bid Approval. Covington shall furnish Kent with an electronic summary of
all received bids, bid items, bid prices, and the list of contractors and
subcontractors to perform the requested work for Kent's approval within three
business days after the closing of the bidding period. Kent shall review the
bid documents and notify Covington in writing, within 14 days of receipt of
all responsive bid documents, whether Kent approves or rejects the bids for
Kent's requested work. Covington shall not proceed with Kent's work if
Covington received written notification from Kent that Kent found
supportable grounds for rejecting the bids for Kent's Facilities. A proposed
bid may be rejected if among other things, any of the unit prices are
excessively unbalanced,either above or below the amount of a reasonable bid,
to the potential detriment of Kent. Bid awards shall be made to the
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lowest responsible bidder for the project, subject to applicable laws and
regulations.
4.5.3. Bid Rejection.In the event Kent rejects the lowest responsible bid and Kent's
Bid Schedule is additive or deductive, Kent may elect to have its own
contractor perform Kent's work. Timing of work issues shall be determined
in a specific addendum to this Agreement. Kent shall complete its work prior
to the scheduled beginning of Covington work, provided that Covington may,
in its sole discretion, allow Kent's contractor to perform work concurrently
with Covington's contractor. In such event, Kent shall require its contractor
to coordinate all Kent work located at the project site with the Covington
contractor and with any contractors or work crews from other utilities and to
not unreasonably interfere with or delay Covington's contractor or the work
by other utilities. Kent shall notify its contractor of such requirement and shall
provide written notice to Covington and Covington's contractor a minimum
of 10 calendar days prior to beginning Kent work on the Project site.
4A Right of Entry. The Parties to this Agreement hereby grant and convey to each other
the right to enter upon all land in which the Parties have an interest, within or
immediately adjacent to the right-of-way of a highway, road, or street for the purpose
of accomplishing all work or services requested as part of this Agreement; provided,
however that any request by Covington to enter upon Kent's property immediately to
the South of the Project site must require advance written approval from Kent, which
may be withheld at Kent's sole and absolute discretion,due to the ecologically sensitive
nature of this property.
4.7. Kent Inspector. Kent may furnish and Covington shall allow an inspector to be on a
project site to verify proper compliance with the requirements set forth in the contract
documents while the contractor is doing Kent work. Kent's inspector shall advise
Covington of any deficiencies noted in Kent work. Covington may designate Kent's
inspector as Covington's agent to communicate directly with the contractor's field
personnel regarding compliance with the contract specifications for Kent work. Kent's
inspector shall maintain a daily record pertaining to the project and shall assist
Covington's contract management personnel in preparing reports of daily quantities of
Kent work.
4R Change Orders. During construction, Kent shall notify Covington in writing as soon
as practicable of any changes it wishes to make in the plans and specifications that
affect Kent's work. Such changes shall be made, if feasible. Covington shall notify
Kent in writing as soon as practicable of any changes required by Covington in the
scope of the project or of any changes that substantially change the nature of Kent's
work and shall obtain Kent's approval of such changes to Kent's work. Notification by
a Party shall be given prior to commencement of the changes. The cost of the change
shall be borne by the Party initiating the changes and any cost savings shall benefit the
Party initiating the changes provided that those cost savings are applicable
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to expenses that Party would otherwise have been subject to pay. When calculating the
cost of changes, such calculation shall include costs to other items of work impacted
by the change and/or claims arising from the change. Covington shall act as Kent's
agent in negotiating change orders and/or force account work with the contractor,
provided that Kent shall be given notice and an opportunity to have input and the right
to reject any change order relating solely to Kent's work.
4.9 Uninterrupted Operation of Kent's Facilities.Because Kent's Facilities are a primary source
of Kent's water supply, Covington acknowledges and agrees that it will not cause, nor permit to
be caused, any unnecessary interruption of flows through Kent's Facilities during Project
construction.Project construction shall be sequenced to the maximum extent practicable, to ensure
that the water mains remain fully-functional at all times during construction of the Project. Should
flow interruptions be necessary during construction, they shall be sequenced so as to only interrupt
flows in one water main at a time.When flows are interrupted, Covington shall direct its contractor
to work continuously to re-establish the flows in the water main, unless otherwise approved by
Kent. Covington shall provide Kent 14 days advance notice for flow interruptions.
5. Project Completion; Acceptance.
51. Substantial Completion. Covington shall provide Kent with written notice of
substantial completion of the project work.Upon notification of substantial completion,
Kent shall promptly perform a final inspection of Kent work. Within 30 calendar days
of its final inspection, Kent shall provide to Covington acceptance of Kent's work, or
alternatively, provide an itemized and detailed response as to why final acceptance of
Kent's work cannot be given. If Kent fails to respond to Covington within said 30
calendar days of Kent's receipt of the notice of completion from Covington, Kent will
be deemed to have given final acceptance of Kent's work.
52 Final Acceptance. Upon final acceptance of Kent work, Covington shall be relieved
of any and all responsibility and/or liability for Kent work and the condition of Kent
Facilities, provided that Covington shall assign its rights under the project contract
relating to Kent work to Kent, including warranty and maintenance obligations by the
contractor relating to Kent work.
5A Record Drawings. Covington shall provide Kent with record drawings of Kent Work
(as builts) in a mutually acceptable digital format within 10 days of the notice to Kent
of project completion. Any revisions to the project plans shall be incorporated on to the
record drawings digitally. The record drawings for water facilities and roadway/storm
water facilities shall conform to Kent and City standard details for record drawings.
The work described in this sub-section shall be included in any third-party consultant
construction management services contracts described in Subsection 4.3 above.
6 Joint and Cooperative Purchasing.
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61 Contract Piggybacking. Kent bears the sole responsibility for conducting its own due
diligence to detennine whether Covington has lawfully entered into a contract for
purchasing and/or services according to Covington's adopted Contracting Procedures
prior to placing any orders, or engaging services from a provider under Covington's
contract. Due diligence includes ascertaining whether Kent's contract with an outside
vendor allows Kent to piggyback.
62 Contracting Procedures. Covington's Purchasing Policies and Procedures are those
as adopted by City of Covington Resolution No. 10-14, effective June 8,2010.
6.1 Piggybacking Party's Responsibilities. If Kent, as a piggybacking Party, decides to
utilize Covington's contract to purchase supplies, equipment, or services, Kent bears
the sole responsibility for observing the terms of Covington's contract and assumes any
liability under the terms of the contract between Covington and the vendor/service
provider pertaining to the supplies,equipment,or services it obtains under that contract,
thereby stepping into the shoes of Covington for all purposes for which Kent is utilizing
Covington's contract.
6A. Piggybacking Not Authorized. This Agreement does not authorize any Party to
piggyback onto any Party's Intergovernmental Agreement for State Purchasing
Cooperative with the State of Washington, Department of General Administration.
7. Administration.
71 No Separate Entity. The Parties agree that no separate or independent legal entity is
created by this Agreement.
U Joint Administration.The Parties shall each appoint a representative to administer the
terns of this Agreement, and the appointed administrators shall comprise the Joint
Administrative Board.The appointed administrators,which may be amended from time
to time with notice to the other Parties are:
For Covington:
Don Vondran, Public Works Director
16720 SE 27I't Street, Suite 100
Covington,WA 98042
(253) 638-1110
With a copy to:
Regan Bolli, City Manager
For Kent:
Tim LaPorte, Public Works Director
400 W. Gowe Street
Kent, WA98032
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253-856-5500
With a copy to:
Suzette Cooke, Mayor
220 Fourth Avenue South
Kent, WA 98032
253-856-5700
7.3 Notices. Unless otherwise provided for, notices to be provided pursuant to this
Agreement shall be provided in writing to the persons indicated herein, at the addresses
indicated herein. Notices shall be deemed delivered three days after placement of the
notice in the U.S. Mail, first class postage pre-paid. Courtesy copies of notices may be
provided via email transmission but shall not constitute delivery of written notice as set
forth herein.
7.4 Coordination. The Parties may schedule meetings to discuss the services being
provided under this Agreement and any issues that arise. Meeting attendees shall
include each Party's appointed administrator or his/her designee(s), as well as any staff
who administer service requests pursuant to this Agreement. Summaries of these
meetings shall be provided to the administrator for each Party.
7.5 Legislative Updates. Each Party shall have discretion as to the frequency of
communications with its City Council regarding services performed under this
Agreement.
7.6 Audit of Lead Agency. Covington shall be subject to audit by Kent upon five days
advance notice. Covington shall make its records available to Kent for any service,
project, cooperative purchase, or joint undertaking for which it provided services as
Lead Agency. Covington shall retain all records pertaining to any service, project,
cooperative purchase, or joint undertaking for a minimum period of six years. Such
records shall include, but are not limited to: bid documents, contracts, change orders,
work orders, contract close out records, labor timekeeping records, and financial
records.
& Term of Agreement.This Agreement shall become effective as of the date this Agreement is
approved by both legislative bodies of the Parties and subsequently executed by those Parties
according to each of those Parties' adopted policies and procedures. Unless terminated by all
Parties pursuant to the terms of this Agreement,this Agreement shall remain in full force and effect
until December 31, 2018, or final acceptance and exchange of record drawings, whichever comes
first. This Agreement may be extended by written agreement of the Parties subject to the approval
of such extension by each Party's legislative body.
9. Payment. Kent shall pay for services provided pursuant to the following provisions:
91 Payments for Services. Kent shall pay for actual direct and related indirect costs,
including any overhead and administrative charges, for products/materials/equipment
and services purchased or provided by Covington. All costs shall be part of the
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written acceptance pursuant to Section 4 herein. Any indirect costs may be waived by
Covington at its discretion.
92 Billing Statement. Covington shall submit amonthly invoice to Kent on a form agreed
upon by the appointed administrators and shall contain the amount of
products/materials/equipment and/or services purchased during the preceding month,
along with such supporting documentation as shall be reasonably necessary to verify
all amounts so invoiced. Payment shall be made by Kent each month within 30 days of
receipt of the invoice.
93. Billing Disputes. In the event there is a dispute regarding the amount of money owed
among the Parties, the appointed administrators of the Parties shall make every effort
to resolve such dispute by mutual agreement.No dispute shall be resolved by majority
vote. In the event there is no mutually agreed resolution to the dispute, the appointed
administrators shall forward the dispute to each Party's City Manager/City
Administrator/Mayor for resolution. In the event there is no resolution after review by
the Parties' City Managers/City Administrator/Mayor, the Parties shall seek mediation
through a mutually agreed mediation service, and each Party shall bear its own costs
for mediation. If mediation is unsuccessful, any Party may pursue any legal remedy
available from a court of competent jurisdiction. Any dispute that has gone to mediation
and mediation was unsuccessful in resolving the dispute shall be grounds for any Party
to terminate this Agreement for material breach.
10. Ownership of Property. Any property owned by a given Party at the time of execution of this
Agreement shall remain the property of that Party. Any property jointly acquired by Parties
under this Agreement shall require a separate, written agreement to specify the terms, under
which said property will be acquired, the Party responsible for storage, maintenance, and
insurance of said property, and all other necessary terms including disposition of said property.
It Termination.
111 Termination by Notice. Any Party may terminate its participation in this Agreement
by providing the other Party with 60 days advance written notice of the effective date
of such termination. The Party providing such notice shall remain responsible for any
costs incurred under this Agreement, including any costs to which the Party is
contractually obligated under any joint undertaking that extends beyond the 60 day
termination date provided in the notice of termination.
112 Termination by Mutual Written Agreement. This Agreement may be terminated in
its entirety at any time by written agreement that is executed by both of the Parties.
11A Termination for Breach. Any Party may terminate its participation in this Agreement
with 14 days advance written notice to the other Party for any material breach of the
terms of this Agreement, provided that disputes regarding billing
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statements shall be handled pursuant to Subsection 9.3 and shall not be deemed a
breach of this Agreement except as set forth in Subsection 9.3.
12. Indemnification and Hold Harmless. Each Partyhereto(the"Indemnifying Party")shall hold
harmless and indemnify the other Party hereto, its elected officials, officers, employees, and
agents (collectively the "Indemrutees") from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees) that
result from or arise out of the acts or omissions of the indemnifying party, its elected officials,
officers, employees, and agents in connection with or incidental to the performance or non-
performance of services, duties, and obligations under this Agreement.
In the event the acts or omissions of the officials, officers, agents, and/or employees of a Party in
connection with or incidental to the performance or non-performance of services, duties, or
obligations under this Agreement are the subject of any liability claims by a third party, each Party
shall each be liable for its proportionate concurrent negligence in any resulting suits, actions,
claims, liability, damages,judgments, costs, and expenses and for their own attorney's fees.
Nothing contained in this section or this Agreement shall be construed to create a right in any third
party to indemnification.
The provisions of this section shall survive any tennination or expiration of this Agreement.
Waiver of Workers Compensation Immunity. It is further specifically and expressly understood
and agreed that the indemnification provided herein constitutes each Party's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely to carry out the purposes of this indemnification
clause. The Parties further acknowledge that they have mutually negotiated this waiver.
13. Insurance. Covington is a member of an insurance risk pool, and, consistent with the policies
established therein, Covington is insured and agrees to maintain for the duration of the Agreement
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the services hereunder by Covington, its agents,
representatives, or employees. Should Kent require specific insurance coverage for a specific
service request, Kent shall indicate any additional insurance specifications or standards in their
written request for services pursuant to Section 4.1 herein.
14, Independent Service Provider.
14.1. Notwithstanding Subsection 4.6 herein, the Parties intend that an independent
contractor relationship is created by this Agreement. In providing services under this
Agreement, Covington is an independent contractor and neither it nor its officers, nor
its agents nor its employees or vendors, are employees of Kent for any purpose,
including responsibility for any federal or state tax, industrial insurance, or Social
Security liability.Neither shall the provision of services under this Agreement give rise
to any claim of career service or civil service rights,which may accrue to an employee
of Covington under any applicable law,rule, or regulation. Nothing in this
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Agreement is intended to create an interest in or give a benefit to third persons not
signing as a party to this Agreement. As an independent contractor, Covington shall be
responsible for the reporting and payment of all applicable local, state, and federal
employment taxes.
142 To the extent that Kent exercises control and direction over the work of Covington,
such control and directions will be for purposes of achieving the results specified in the
Acceptance of Services letter according to Section 4.2 herein. No agent, employee,
servant, or representative of Covington shall be deemed to be an employee, agent,
servant or representative of Kent for any purpose, and the employees of Covington are
not entitled to any of the benefits that Kent provides for its employees. Covington shall
be solely and entirely responsible for its acts and for the acts of its agents, employees,
servants, subcontractors or representatives, performed within the authorized scope of
its agents, employees, servants, subcontractors or representatives' duties during the
performance of this Agreement.
14a In the performance of the services herein contemplated Covington is an independent
contractor with the authority to control and direct the performance of the details of the
work;however, the results of the work contemplated herein must meet the approval of
Kent and shall be subject to Kent's general rights of inspection and review to secure
the satisfactory completion thereof.
15, Miscellaneous.
1S1. Non-Waiver of Breach. The failure of any Party to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any
option conferred by this Agreement in one or more instances, shall not be construed to
be a waiver or relinquishment of those covenants, agreements or options, and the same
shall be and remain in full force and effect.
152 Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. Subject to
Subsection 9.3,if the Parties are unable to settle any dispute, difference or claim arising
from the Parties' performance of this Agreement,the exclusive means of resolving that
dispute, difference or claim, shall only be by filing suit exclusively 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.
153. Assignment. This Agreement is not assignable by any Party, in whole or inpart.
15A Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless made in writing and approved by the legislative
body of each city.
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15S Compliance with Laws.Each Party agrees to comply with all local, federal, and state
laws, rules, and regulations that are now effective or in the future become applicable to
this Agreement.
15.5.1. Nondiscrimination in Employment. In the performance of this �
Agreement, no Party will discriminate against any employee or applicant
for employment on the grounds of race, religion, creed, color, national
origin, sex, marital status, disability, sexual orientation, age or other basis
prohibited by state or federal law; unless based upon a bona fide
occupational qualification. Each Party shall take such action with respect to
this Agreement as may be required to ensure frill compliance with local,
state and federal laws prohibiting discrimination in employment.
15.5.2. Nondiscrimination in Services. No Party will discriminate against any
recipient of any services or benefits provided for in this Agreement on the
grounds of race, religion, creed, color, national origin, sex, marital status,
disability, sexual orientation, age, or other basis prohibited by state or
federal law.
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I% Entire Agreement.The written terms and provisions of this Agreement,together with
any exhibits attached hereto, shall supersede all prior communications, negotiations,
representations, or agreements, either verbal or written of any officer or other
representative of each party, 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. Any j
exhibits are hereby made part of this Agreement. Should any of the language of any
exhibits to this Agreement conflict with any language contained in this Agreement, the
language of this document shall prevail. j
157. Severability. If any section, paragraph, sentence, clause, or phrase of this Agreement
is adjudicated to be invalid, such action shall not affect the validity of all other sections,
paragraphs, sentences, clauses, or phrases not so adjudicated.
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15R Interpretation. The legal presumption that an ambiguous term of this Agreement
should be interpreted against the Party who prepared the Agreement shall not apply.
159 No Third Party Beneficiaries.This Agreement is between the Parties and is not meant
to benefit any third party.
15.10. Counterparts. This Agreement may be executed in multiple counterparts, any of
which shall constitute an agreement by and among the Parties who have executed this
Agreement, provided that Kent shall transmit to the attention of the Covington City
Clerk an original, executed signature page of this Agreement. The Covington City
Clerk shall cause a copy of this Agreement and a copy of each executed signature page
of each party to be posted on the Covington City website pursuant to RCW 39.34.040.
Interlocal Agreement
Page 12 of 13
IN WITNESS WHEREOF, the Parties below execute this Agreement,herein.
COVINGTON: KENT:
CITY OF COVINGTON: CITY OF KENT:
By: y.B
(signature) I -'(signature)
Print Name: Regan Bolli Print Name: Suzette Cookc
Its: City Manager Its: Mayor
___(Title)
DATE: �� ��'/� DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
ara 4n er, ityAttorney To Brubaker, City Attorney
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Pi,Civil'•Filcs\Dpen Filest2l06-Krnt-Covinemn S.516-WaterhuRcplaucmvtlLAS FI I A_COV KF.M'_CIP11250SDEC2015_DV_K .dcc
Interlocal Agreement
Page 13 of 13
EXHIBIT A
WORK ELEMENT 19. CITY OF KENT WATER SYSTEM DESIGN
The City of Kent is relocating/replacing new water mains (3) and crossings (3) of Jenkins Creek
as part of the SE 272nd Street (SR 516) project. The CONSULTANT shall coordinate with the
City of Kent to determine the extent of the water main improvements, construction sequence and
operational limitations during construction. The CONSULTANT shall then design the water main
and associated appurtenances in conformance with the City of Kent's design standards. Specific
activities will include:
Assumptions:
• Project will include federal funding and applicable funding conditions will apply
• City of Kent standards and specifications will be used where applicable
• An inter-local agreement will be executed between the City of Kent and the City of
Covington
• A bid schedule will be established to capture City of Kent costs related to design and
construction
• The District's improvements will lie within the impact limits established in the permitting
documents for the project
• Assumes one crossing of Jenkins creek and two mains on each side of the crossing
Specific activities will include:
Work Element 19.1 Coordination
The CONSULTANT shall coordinate with City of Kent on the design of new water mains to be
constructed as well as existing mains and related water facilities to be abandoned or replaced
during construction.Two (2)meetings with City of Kent at three(3)hours per meeting are assumed
as well as coordination via telephone, email and letter for this effort.
Deliverable(s).
• Attend Meetings
• Prepare Meeting Minutes
• Telephone Logs and Notes
1
II
Scope of Work- Supplement 42 Page I SE 272"'Street(SR 516) between
Jenkins Creek and 185th Place SE
Work Element 19.2 Project QA/QC
The CONSULTANT shall provide QA/QC activities,reviews and documentation. These activities
will include senior engineer reviews, documentation and internal audits of project required
procedures.
Deliverable(s):
• Senior Reviews and Documentation
• Submittal Reviews and Documentation
• QA/QC File Documentation and Checklists
i
Work Element 19.3 Concept Design & Construction Sequence
The CONSULTANT shall develop and submit concept plans level showing the conceptual
horizontal and vertical layout of the proposed water main improvements in order to identify space
requirements within the right-of-way. The technical memo will identify the construction sequence
needed to accommodate the construction of the crossing and for water mains, including outages.
The concept will be laid out on base drawings provided by the CONSULTANT.
Deliverables)
• Construction Sequence memo and operational limitations during construction
• Five (5) concept plan and profile view sheets
Work Element 19.4 Utility Coordination Associated with Water Main Design
The CONSULTANT will identify and document possible utility conflicts associated with water
main design. Alter the conceptual design is completed potential utility conflicts will be identified
and documented in matrix from. This matrix will be used to track the actions needed to address
the conflicts, including potholing.
Deliverables)
• Utility Conflict Matrix
• Utility Pothole Plan
• Utility Pothole Data Table
Work Element 19.5 30% Design PS&E
Develop and submit construction plans to a 30% design level showing the conceptual horizontal
and vertical layout of the proposed water main improvements in order to identify space
requirements within the right-of-way. The CONSULTANT shall prepare a 30% engineer's
estimate using City of Covington standard bid items to reflect the expected construction cost for
the project. Specifications will not be provided for this submittal. The design will be laid out on
base drawings provided by The CONSULTANT. The CONSULTANT's project manager will
Scope of Work Suppleinent#3 Page 2 SE 272od Street(SR 516)between
Jenkins Creek and 185"Place SE
perform the QA/QC review on the 30% submittal documents. The 30% construction plans shall
include the following:
Deliverable(s):
• Five (5)plan and profile view sheets
• 30% water main estimate
Work Element 19.6 60% Design PS&E
Develop and submit 60% design PS&E. The 60% design PS&E will include detailed plan and
profile views of the water main improvements so that any conflicts with other utilities or design
elements can be determined and resolved. Connection details, as well as other construction details
will be developed sufficiently to understand the construction requirements of the project. The 60%
Construction Specifications will be based on the CITY's boilerplate special provisions and Kent's
standard specifications. The 60% engineer's estimate will use the City of Covington's standard
bid items to reflect the expected construction cost for the project. The CONSULTANT shall
address all 30%review comments on the proposed water main improvements. and perform QA/QC
reviews by its project manager and construction observer on the 60% submittal document. The
construction observer's review will focus on constructability issues. The 60% construction plans
shall include the following:
Deliverable(s):
• Five (5) detailed plan and profile sheets of the water main improvements
• Two (2) detail sheets
• 60%water main specifications
• 60%water main estimate
• 30% comment matrix
Work Element 19.7 90% Desinn PS&E
Develop and submit 90% design PS&E. The 90% design PS&E will include detailed plan and
profile views of the water main improvements. The design elements will be cross-checked with
the other street and utility improvements to eliminate the major conflicts. Minor conflicts will be
addressed during the 90% quality management review. The connection details and other
construction details will be sufficiently designed that potential bidders could conceivably construct
the project. All references and callouts will be checked to assure continuity within the design.
Comprehensive specifications will be developed that describe the elements included in each bid
item,how each bid item will be measured and paid, and the material and construction requirements.
The 60% construction cost projections will be refined to provide an updated projection of probable
construction cost. The CONSULTANT shall address all 60% review comments on the proposed
water main improvements and perform QA/QC reviews by its project manager, quality control
manager, construction observer, and principal in charge on the 90%submittal document. The 90%
construction plans shall include the following:
Deliverable(s):
Scope of Work Supplement#3 Page 3 SE 272"a Street(SR 516)between
Jenkins Creek and 185"Place SE
• Five (5) detailed plan and profile sheets of the water main improvements
• Two (2) detail sheets
• 90% water main specifications
• 90% water main estimate
• 60% comment matrix
Work Element 19.8 100% Design PS&E
The CONSULTANT shall develop and submit the 100% design PS&E addressing all comments
from the 90%review and should represent documents nearly ready to advertise for bids. This effort
is assumed to be minor and that no design changes will have occurred after the 90% design has
been completed.The CONSULTANT shall perform a final QA/QC review to ensure that all design
elements have been addressed and the documents are ready to be advertised for bids by the CITY.
The 100% level cost estimate for the project will be sufficiently detailed to determine a fair price
for the work to be performed, and to provide a basis for evaluating contractor bids. The 100%
construction plans shall include the following:
Deliverable(s):
• Five (5) detailed plan and profile sheets of the water main improvements
• Two (2) detail sheets
• 100% water main specifications
• 100% water main estimate
• 90% comment matrix
Work Element 19.9 Final Design PS&E
The CONSULTANT shall make minor revisions, as necessary, to the PS&E to incorporate the
100%review comments. The final contract plans will include all complete stamped drawings with
date and signature. The contract provisions document will be complete and be ready to use during
bid advertisement. The CONSULTANT shall also prepare a final engineer's estimate of probable
construction costs. This effort is assumed as a minor effort to address minor plan and specification
issues. Design changes are not provided for this submittal. The CITY can use this submittal to
advertise for bids from contractors. The 100% construction plans shall include the following
sheets:
Deliverable(s):
• Five (5) detailed plan and profile sheets of the water main improvements
• Two (2) detail sheets
• Final water main specifications
• Final water main estimate
• 100% comment matrix
Scope of Work Supplement#3 Page 4 SE 272"d Street(SR 516)between
Jenkins Creek and 185`hPlace SE
EXHIBIT B
CONSULTANT FEE SUMMARY
Project: City of Covington
SE 272nd Street(SR 516)between Jenkins Creek and 185th Place SE
Tetra Tech
Fee Estimate
Tetra "tech
DIRECT SALARY COST(DSC):
Classification Hours X Rate Cost
1. Project QA/QC Manager 10 62.00 $620.00
2. Project Manager/Sr.Supervising Engineer 90 69.39 $6,246.10
3. Project Engineer/Senior Engineer 64 53.50 $3,424.00
4. Staff Engineer 26 45.00 $1,170.00
5. CADD/Technical Support 8 35.00 $280.00
6. Project Administrator 28 32.81 $918.68
7. Struct Project Manager 8 71.74 $573.92
8. Senior Structural Engineer 0 65.00 $0.00
9. Junior Structural Engineer 0 35.00 $0.00
10. Structural CAD 0 35.00 $0.00
11. Structural Administration 0 28.00 $0.00
12. Survey Manager 0 53.00 $0.00
13. Computations Technician 0 42,00 $0.00
14. Survey CADD 0 30.00 $0.00
15. Field Tech 3 0 30.00 $0.00
16. Field Tech2 0 25.00 $0.00 �
17. SurveyAdmin 0 24.00 $0.00
SUBTOTAL-DSC 234 $13,231.70
OVERHEAD(OH)COST(Including Salary Additives)
OH Rate X DSC or 151.00% X $13.231.70 $19,979.87
FIXED FEE(FF):
FF Rate= 30% X ($13,231.70) $3,969.51
REIMBURSABLE&
Mileage (190 Miles X 0.555/mile) $105.45
Survey Mileage (0 Miles X 0.555/mile) $0.00
Reprographics $100.00
APS (Potholing) $3,500.00
Courier $200.00
$3,905.45
SUBTOTAL $41,086.53
SUBCONSULTANTS
Stantec $96,672.93
GRAND TOTAL-ESTIMATED FEE $137,759.46
Prepared By: CJP Date: 2/1/2016
Checked By: CJP Date: 2/1/2016
TT FEE
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EXHIBIT B
CONSULTANT FEE SUMMARY
Project: City of Covington
BE 272nd Street(SR 516)between Jenkins Creek and 185th Place SE
Stantech
Fee Estimate
StanteC
DIRECT SALARY COST(DSC):
Classification Hours X Rate Cost
1. Principal/Project Manager (CPS/EJW) 66 65.13 $4,298.58
2. Senior Project Engineer QA/QC(SKS) 137 54.49 $7,465.13
3. EIT Designer(SMA) 174 32.29 $5,618.46
4. Sr. Eng.Technician(JEG) 162 46.69 $7,563.78
5. CADD Technician(BLG) 46 32.11 $1,477.06
6. Project Administrator(RCS) 22 40.87 $899.14
SUBTOTAL-DSC 607 $27,322.15
OVERHEAD(OH)COST(Including Salary Additives)
OH Rate X DSC or 186.04% X $27,322.15 $50,830.13
FIXED FEE(FF):
FF Rate= 30% X ($27,322.15) $8,196.65
REIMBURSABLE&
Mileage (600 Miles X 0.54/mile) $324.00
Computer time $9,000.00
Reprographics $1,000.00
Courier $0.00
$10,324.00
SUBTOTAL $96,672.93
SUBCONSULTANTS
GRAND TOTAL-ESTIMATED FEE $96,672.93
Prepared By: Chris Schmidt-Stantec Date: 2/1/2016 III
Checked By: Chris Schmidt-Stantec Date: 2/1/2016
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WASHINGTON Agenda Item: Consent Calendar 7C
TO: City Council
DATE: September 6, 2016
SUBJECT: City of Covington Interlocal Water Agreement, Jenkins Creek
Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement (ILA) with the
City of Covington for Joint Public Works Operations for Capital Improvement Project
No. 1127; SE 272nd Street (SR516) Improvements between Jenkins Creek and
185th Place SE; subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The Kent Water Utility owns three transmission mains that are located in
SE 272nd Street, within the City of Covington, and cross Jenkins Creek. These
transmission mains convey water supply to Kent from the water utilities eastern
primary water sources. The transmission mains require replacement to construct a
bridge over Jenkins Creek. As the owner of this infrastructure, in another jurisdictions
right-of-way, Kent is responsible for the relocation.
The most efficient method for both agencies to facilitate the design, permitting,
coordination, and relocation of Kent's transmission mains is for Covington, as the lead
agency for the roadway project, to incorporate Kent's body of work within their
project. The relocation work will be performed concurrent with the roadway and
bridge construction.
EXHIBITS: Interlocal Agreement
RECOMMENDED BY: Public Works Committee
YEA: Ralph, Fincher, Higgins NAY: 0
BUDGET IMPACTS: Water Utility revenue will be used to fund the work. This
project has been anticipated by staff for several years. The total project cost will not
be known until construction is completed (projected the end of 2018). At this time,
the total cost is anticipated to be in excess of $1 million.
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covingt`on
growing toward greatness
To: Sean Bauer
From: Don Vondran
CC:
Date: 8/15/16
Re: Kent/Covington ILA for SR 516 Jenkins Creek to 185th Project
Sean,
Please find enclosed two copies of the partially executed ILA. Please have both copies signed
and return one copy to us.
Thanks again,
Don
growing toward
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REQUEST FOR MAYOR'S SIGNATURE
°T Print on Cherry Colored Paper
K�I+I
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Dlreetor
Originator: Cheryl Viseth for Sean Bauer Phone (Originator): 5504 or 5610 '
Date sent:August 19, 2016 Date Required:September 20, 2016
Return Signed Document to: Sean Bauer
Contract Termination Date: December 31, 2018 '
VENDOR NAME: Date Finance Notified:
City of Covington (only required on contracts August 19, 2016:
20.000 and over or on any Grant
DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:August 19, 2016
September 06, 2016 ,Re a aired on Non-City Standard Contracts/A. reements
Has this Document been Specificall Account Number: W20004
Authorized in the Budget?` 0 YESUNO
Brief Explanation of Document:
Inter-local Agreement with the City of Covington for Joint Public Works Operations for
CIP 1127 SE 272nd St (SR516) Improvements between'Jenkins Creek and 185th Place
SE.
Kent has three water transmission mains that are located in SE 272nd Street and cross
Jenkins Creek. These water mains will need to be relocated in order to construct the
Jenkins Creek bridge.
° puted Through The Law Department
(This area to be completed by the Law Dartme t) `"#
Received ,i � � ";°,'
Approval of Law Dept.:
Law De t. Comments:
Date Forwarded o '�
Shaded Areas To Be Completed By Administration Staff
Received:
Recommendations and Comments: J}
S�.
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Disposition: ,
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Date Returned:
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