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HomeMy WebLinkAboutCAG2021-006 - Original - Soos Creek Water and Sewer District - Rock Creek Culvert Replacement - 01/11/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: o Director or Designee o Mayor Date of Council Approval: Budget Account Number: Budget? o Yes o No Grant? o Yes o No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? o Yes o No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? o Yes o No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 January 6, 2021 DATE: January 5, 2021 TO: Kent City Council SUBJECT: Interlocal Agreement between the City of Kent and Soos Creek Water & Sewer District for the Summit Landsburg Road and Rock Creek Culvert Replacement Project - Authorize MOTION: Authorize the Mayor to sign an Interlocal Agreement between the City of Kent and the Soos Creek Water & Sewer District for the Summit Landsburg Road and Rock Creek Culvert Replacement project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2010, the City entered into an agreement with the National Marine Fisheries Service and the United States Fish and Wildlife Service to implement a series of habitat conservation measures (HCM’s) in the Rock Creek Watershed in exchange for agency support on future renewals of the City’s water-right at Clark Springs. One of these HCM’s is the replacement of the Rock Creek Culvert at Summit Landsburg Road. This project is intended to remove a barrier to fish passage. The replacement project will consist of the removal of the existing culvert and construction of fish passable bridge and related habitat improvements. This work will require relocation of sanitary sewer facilities owned and operated by Soos Creek Water & Sewer District within Summit Landsburg Road. This agreement will allow the City to be reimbursed for the actual costs incurred during construction to relocate the Water & Sewer District’s facilities. BUDGET IMPACT: The City will be reimbursed by the Soos Creek Water & Sewer District in accordance with the ILA for Actual Costs incurred during construction of the relocated water facilities. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. ATTACHMENTS: 1.Interlocal Agreement (PDF) 12/15/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/5/2021 7:00 PM INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND SOOS CREEK WATER AND SEWER DISTRICT SUMMIT LANDSBURG ROAD AND ROCK CREEK CULVERT REPLACEMENT This INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND SOOS CREEK WATER AND SEWER DISTRICT, regarding the Summit Landsburg Road and Rock Creek Culvert Replacement (the "Project Agreement)" is made on the date last signed below, between the City of Kent, a Washington municipal corporation, located and doing business at 220 Fourth Ave S., Kent WA 98032 (the "City") and Soos Creek Water and Sewer District, located and doing business at 14616 SE 192°d Street, Renton, WA 98058 (the "District"). RECITALS WHEREAS, the City is in the process of designing and constructing a culvert replacement project, commonly known as the Summit Landsburg Road and Rock Creek Culvert Replacement (the "Project"); and WHEREAS, the City intends to replace the culvert on Summit Landsburg Road; and WHEREAS, the City has previously requested all utility purveyors in the immediate vicinity of the Project relocate or adjust their facilities as needed and to determine any needed system improvements in the Project vicinity; and WHEREAS, the District provides sewer service in the vicinity of the Project, owns and operates sewer facilities within the immediate Project vicinity; and WHEREAS, the City and District wish to share in the mutual benefits of replacing the culvert and sewer system improvements concurrently, with the City acting as the Lead Agency; and WHEREAS, RCW 39.34.030 allows agreements between public agencies for joint or cooperative action; and WHEREAS, the District will prepare plans and specifications for sewer system improvements (the "District's Work") in the corridors within the Project vicinity, and will be the City's consultant in providing the plans and specifications and cost estimates to the City in preparing contract documents for the Project; and WHEREAS, the District's Work generally consist of adding a 6-inch sewer force main in a casing within the corridor; and WHEREAS, a single contract document will be prepared incorporating both City and District improvements, along with other private and public utility needs; and WHEREAS, the final plans and specifications for the Project will be developed by the City; and WHEREAS, specific sewer system improvements that are part of the District's Work will be identified as "Schedule B" within the Project construction and bid documents; and WHEREAS, the City intends to advertise for competitive bids for the Project, including that portion of the Project that is the District's Work; and WHEREAS, the City will furnish the District with the bids submitted for the District's review; and NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained in this Project Agreement, or attached and incorporated herein, and in the exercise of the authority granted by the Interlocal Cooperation Act, the City and District hereby agree as follows: Section 1. Pumose. The purpose of the Project Agreement is to set forth the rights, obligations, scope of work and allocation of design and construction costs for the Project, between the City and District. Section 2. General. The City shall be the Lead Agency for purposes of this Project Agreement. Section 3. Construction Plans. Plans, specifications, bid schedule and cost estimates for the District's Work will be prepared by the District generally in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction, District Standard Specifications as applicable, and adopted design standards. The City will review the plans and specifications and if the City concurs with the proposed plans and specifications, will give final approval and will incorporate said plans and specifications into the Project. Section 4. City as Construction Aizent. The City is hereby designated as the District's construction agent, acting for and on behalf of the District, for the District's Work. The construction work to be performed by the City or its agents, includes permitting the Project, bidding the Project, awarding the bid, and administering the construction contract. The City, as construction agent, shall have final discretion regarding decisions related to the work of the contractor, after consulting with the District on those portions of the Project that are related to the District's Work. Section 5. Bid Award. 2 5.1 The District Work shall be included as a separate bid schedule, prepared by the District as set forth in Section 3. The City shall provide the District with an opportunity to review the bids submitted by contractors on this Project to ensure that the bids for the District improvements are not subject to unbalanced bidding whereby the District would be paying an unreasonable or inequitable amount for the District improvements or the bids are unreasonably high based on the District's estimate. The bid schedule prepared by the District's engineering consultant shall include detailed instructions to bidders regarding how this bid schedule will be reviewed and how the determination of bid responsiveness will be made on this bid schedule. The District shall have five (5) business days from the date of bid opening to notify the City in writing that it is rejecting the bid for the District work and intends to utilize a contractor of its choice to complete the water line relocation work at its sole cost. The District shall defend, indemnify and hold harmless the City and its employees and agents against any claims arising from the District's review of the bid schedule for the water line relocation work. The indemnity provision of this Section 5.1 shall survive the termination or expiration of this Agreement. 5.2 If the District elects to reject the bid for the District's Work and decides to complete the work on its own, the District shall require its contractor to coordinate the District's Work within the Project area with the City's contractor and with any contractors from other utilities and to not unreasonably interfere with or delay the City's contractor. The District shall be responsible for the out-of-pocket costs incurred by the City for delays in the Project to the extent the delay is caused or arises out of the District or the District's contractor's failure to coordinate with the City's contractor or from unreasonable interference with the City's contractor. Such out-of-pocket costs may include, but are not limited to, payment to the City's contractor and/or consultants for increased costs and associated court costs, interest and reasonable attorneys' fees incurred by the City to the extent directly attributable to the District's or District's contractor's cause delay in the Project. The provisions of this Section 5.2 shall survive the termination or expiration of this Agreement. Section 6. Inspection by District. The District shall provide inspection for the District's Work. Any costs for such inspection will be borne solely by the District. All contact between the inspectors and the City's contractor shall be through the City's representatives. Section 7. Payment. 7.1 The District, in consideration of the faithful performance of the work to be done by the City, agrees to reimburse the City for the actual direct cost of the District's Work specified in Section 7.2, and all costs reasonably incurred by the City and approved by the District in performing the District's Work, and shall take all necessary action to pledge, budget, and allocate the same. Payment shall be made by the District to the City within 30 days of the date of the invoice. 7.2 Costs for the District's Work shall include the following: l . The Engineer's administration of the sub -consultant services for the District's Work; 2. The cost of all changes initiated by the District; and 3. The direct costs incurred by the City in performing the District's Work. Section 8. Extra Work. In the event of unforeseen circumstances which require an increase in the District's cost obligation, the parties shall modify this Project Agreement to address the increased District's cost obligation. If the District's cost obligation increases by more than 25 percent, the City shall obtain written approval from the District before the beginning of such work. The City shall provide prior written notice for all changes to the District's portion of the work regardless of the financial obligation. Section 9. Final Acceptance. The District agrees upon satisfactory completion of the District's Work, as determined by the District, to deliver a letter of acceptance approving the District's Work. Acceptance shall not constitute acceptance of any unauthorized or defective work or materials, nor be a waiver of any manufacturer's, supplier's, or contractor's warranties. Final acceptance of the Project shall be by the City. Section 10. Indemnification. Each party hereto agrees to protect, defend and indemnify the other party, its officers, officials, employees and agents from any and all costs, claims, judgments and/or awards of damages, arising out of or in any way resulting from the party's default, failure of performance, or negligent conduct associated with this agreement, by the party, its employees, subcontractors or agents. Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's industrial insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide each party with a full and complete indemnity of claims made by the other party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Section 11. Written Notice. All communications regarding this Project Agreement shall be sent to the parties at the addresses listed below unless changed by written notification. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Project Agreement, or such other address as may be hereafter specified in writing. City of Kent Soos Creek Water and Sewer District Attention: City Engineer Attention: Field Superintendent 5821 South 240t" Street 14616 SE 192°d Street 4 Kent, WA 98032 Renton, WA 98058 Section 12. Assignment. Any assignment of this Project Agreement by either party without the written consent of the non -signing party shall be void. Section 13. Effective Date. This Project Agreement shall be effective as to all parties on the last date signed below. IN WITNESS WHEREOF, the parties hereto have executed this Project Agreement by their authorized officers indicated below: City of Kent 5821 South 2401" Street Kent, WA 98032 ITS Mayor DATE 01/08/2021 ATTEST: i�;U kaab CITY CLERK, CITY OF KENT APPROVED AS TO FORM: K : NT [ . A W DEPARTMENT Soos Creek Water and Sewer District 14616 SE 192nd Street Renton, WA 98058 BY t1P1V%- ITS C' I" DATE 1 1 I! 1 a°A* APPROVED A O F 1 SOOS CM YX AATER AND SEW R DISTRICT ATTORNEY