King County and the City of Renton For the Design, Construction and Maintenance of the Traffic Signal at

Transcription

1 CAG Interagency Agreement Between King County and the City of Renton For the Design, Construction and Maintenance of the Traffic Signal at the Intersection of 156t" Avenue SE and SE 142" d Place This Interagency Agreement ("Agreement") is entered into by the City of Renton, a Washington first class city and municipal corporation (" City") and King County, a home rule charter county of the State of Washington, through its Department of Transportation County" or "KCDOT"), either of which may be referred to hereinafter individually as Party" or collectively as the " Parties". RECITALS A. The City has a project to design and construct a traffic signal at the intersection of 156th Avenue SE and SE 142" d Place (" City Project"). B. The full road right-of- way at 156th Avenue SE is in the City and the full road rightof-way at SE 142" d Place is in the County. C. The County is requesting the City to include signal related improvements for SE 142" d Place and the driveways in the northwest quadrant at 156th Avenue SE County Improvements"). D. The City is willing and able to include the County Improvements with the design and construction of the City Project. E. The County has agreed to pay the City for the design and construction of the County Improvements with the City Project, referred to hereinafter collectively as the " Project". F. The City will provide the ongoing maintenance of the City' s signal system after construction of the Project. G. The City and the County now desire to set forth the terms and conditions by which the City will design and construct the Project and provide for its ongoing maintenance. NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth herein, the Parties hereto agree as follows:

2 Page 2 AGREEMENT 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to set forth the terms and conditions and the respective roles and obligations of the Parties to provide for the design, construction and maintenance of the Project. The City shall perform all design and engineering services for the Project in accordance with all applicable standards and with consultation with the County. 2. SCOPE OF WORK The scope of work for the Project includes the design and construction of a wood pole, span wire traffic signal at the intersection of 156th Avenue SE and SE 142" d Place. The Project will also set signal poles to provide for a future southbound left turn lane on 156' h Avenue SE; modify ingress/egress from residential driveways at the intersection; and phase the signal as needed to limit pedestrian/ vehicle and vehicle/vehicle conflicts. The County' s Improvements include ( 1) installing an advanced signal head for the eastbound ( SE 142nd PI) approach, and ( 2) signalizing both driveways on the west side of the intersection using additional signal heads and video detection. 3. CITY RESPONSIBILITIES 3. 1 The City shall be the lead agency for the Project with regard to preparation of the engineering design plans, construction, permitting, right-of-way activities and all other matters pertinent to the accomplishment of the Scope of Work The City shall provide the necessary engineering, administrative, inspection, clerical and other services necessary for the execution of the Project The City shall be the lead agency for public outreach with regard to the Project The City shall prepare the contract for the Project through its Job Order Contract procedure with Forma Construction The City shall provide copies of the approved plan to the County along with material submittals for the contract provided by Forma Construction 3. 6 The County shall be invited to attend the preconstruction meeting The City shall not order or approve any changes in the approved Project

3 Page 3 design which change the nature of the County Improvements without first consulting the County for approval The City will keep the County advised as to the progress of the Project At the completion of the Project, both parties shall perform a mutual final inspection of the Project. The County may provide a written deficiency list to the City within five working days after the final inspection of the County Improvements. The contractor will complete only deficiencies that comply with the contract specifications or applicable City and County standards. Final project acceptance will be by the City as the lead agency of the Project The City shall operate and maintain the compfeted Project as a City signal system, including any related equipment installed within the County ROW. The County shall have no responsibility for the costs of the maintenance and operation with regard to the City signal system completed under the Project. 4. COUNTY RESPONSIBILITIES 4. 1 The County hereby gives authority to the City to perform work within the County road rights- of-way for the purpose of performing any and all task necessary to complete the County Improvements and the provisions of this Agreement The County shall review the plans prior to advertising the Project The County shall approve the plan within ten ( 10) business days after receiving the plan and Forma Construction submittals from the City for approval prior to start of construction The County may inspect the County Improvements to ensure proper compliance with requirements during the performance of the contract. The County shall advise the City of any issues noted The County shall notify the City, in writing, of any changes it wishes to make for the County Improvements. The parties shall jointly determine whether any changes requested by the County will be implemented The County shall be responsible for all costs associated with the County Improvements not to exceed $ 14, 075.

4 Page 4 5. CONSTRUCTION CONTRACT 5. 1 The City shall prepare the construction contract documents for the Project The City shall require all contractors and sub- contractors working on the Project to name King County, its employees, agents, and officers as additional insured on all liability insurance policies except Professional Liability and Workers Compensation The City will provide to the County a copy of the approved plan along with material submittals for the contract provided by Forma Construction The City shall award the contract for the Project subject to applicable laws and regulations. 6. PAYMENT 6. 1 The County shall pay the City for the costs of completing the County Improvements which shall not exceed the cost estimate of$ 14, 075 per Exhibit A The City shall invoice the County for the County Improvements costs with backup documentation. The County shall pay the City no later than 30 days after the County receives the City' s invoice. 7. DURATIONITERMINATION 7. 1 This Agreement shall remain in effect until final acceptance of the Project and payment by the City of all monies due from the County to the City subject to the early termination provisions in Section 7. 2 and The County's budget for the County Improvements is fully funded for construction in 2016, the second year of the County's current biennial appropriation. Funding for this Agreement beyond the County's current biennial appropriation is conditional upon appropriation by the Metropolitan King County Council of sufficient funds to support the County's obligations described herein. Should such appropriation not be approved, this Agreement shall terminate at the close of the current biennial appropriation. The appropriation year ends on December 31 st of the second year of the biennial appropriation If expected or actual funding from sources other than the City and the County is withdrawn, reduced or limited in any way prior to the completion of the Project, either Party may, with thirty (30) days written notice to the other Party, terminate this Agreement.

5 Page In the event of termination prior to completion of the Project: All direct and indirect phasing- out costs shall be paid by the Party requesting termination Termination costs payable shall not exceed the actual costs incurred as a result of termination of the Project The other Party shall be released from any further obligations under the Agreement. 8. FORCE MAJEURE The County or the City' s performance under this Agreement shall be excused during any period of force majeure. Force majeure is defined as any condition that is beyond the reasonable control of the County, including but not limited to, natural disaster, severe weather conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring right-of-way or other necessary property or interests in property, permitting delays, or any other delay resulting from a cause beyond the reasonable control of the County or the City. 9. DISPUTE RESOLUTION 9. 1 In the event of a dispute between the Parties regarding this Agreement, the Parties shall attempt to resolve the matter informally If the Parties are unable to resolve the matter informally, the matter shall be decided by the Director of the King County Road Services Division and the Public Works Administrator for the City. If the Parties are unable to reach a mutual agreement, either Party may refer the matter to nonbinding mediation Unless otherwise expressly agreed to by the Parties in writing, both the County and the City shall continue to perform all their respective obligations under this Agreement during the resolution of the dispute This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of this Agreement. In the event any party deems it necessary to institute legal action or proceedings to ensure any right or obligation under this Agreement, the Parties hereto agree that such action or proceedings shall be brought in a court of competent jurisdiction in King County Washington.

6 Page INDEMNIFICATION and DEFENSE 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, or negligent act, error or omission in the performance of this Agreement, by the Party, its employees, subcontractors or agents. All claims, demands and obligations resulting from the concurrent negligence of the Parties shall be shared, based upon the percentage of fault attributed to each Party 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 Claims shall include, but not be limited to, defects or mistakes in plans, specifications and/ or drawings, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/ or otherwise results in unfair trade practice The provisions of this section shall survive the expiration or earlier termination of this Agreement with regard to any event that occurred prior to or on the date of such expiration or earlier termination. 11. OTHER PROVISIONS The City shall be deemed an independent contractor for all purposes and the employees of the City, or any of its contractors, subcontractors and their employees shall not in any manner be deemed to be employees or agents of the County Nothing contained herein is intended to, or shall be construed to, create any rights in any person or entity not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the County, or their officials, employees, agents or representatives, to any person or entity not a signatory to this Agreement Waiver of any breach of any provision of this Agreement shall not be

7 Page 7 deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement Each Party shall retain ownership and usual maintenance responsibility for the road, drainage system, signs, sidewalk and other property within its jurisdiction except for the signal related equipment installed as part of the Project and subject to the provisions under Section of this Agreement The headings in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the Parties This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded This Agreement may be amended only by an instrument in writing, duly executed by all Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date written below. KING COUNTY ROAD SERVICES DIVISION CITY OF RENTON BY: Brenda Bauer, Division Director BY: Denis Law, May Date: ' ( ' Date: Appr d as for : Approv s to form: By: By: puty P Attorney Ci y Attorney Date: J 1 Date: fz j o G S, s x ; r e";` r;`; rsl t:i,n,,y, Y;,. o _ r s.,'`'':.. v,,,,,,,,,,, n Se h, City Clerk

8 Attachment A Changing City of Renton Signa esign to Meet King +County Standards Assumed Cantractar Mark-up Material Labor Technician Equipment 2di'o on Materials Cast Hours Labor Rate Cost Materials TOTAL 4- Section Signal Head with Backplate 3" Reflecti e Tape, RYG 8alls+ Up Advance Signal Head EB & 4 1 Left G Arrow 70.Ofl $ , SE 142nd PI) Mounting Bracket i7 1Nirin , Section Signal Heads with Backplate 3" ReflectiVe Tape; RYG Balls( 4) S 0 $ Mounting Brackets( 4} Signai Treatment far Driveways Aerial lunction Box( i} 20.OQ 2 2 $ Wiring- Signal Heads Tunnel Visors{ 12) Z $ $ z7. 6 Video Detectors{ 2) 4, , fl $ 880.IX) 10, Camera Nousing/ Sunshield t2} IX3 BNC ta 2- Wire Connector{ 2} Ca xial/ Power Cable RG59U( 200') 15(}.Otl $ 3c sh Power Cable( 200'} 159.(?4 3L81 Coaxial5urge Suppressor( 2) 1 6.t} Modify coniroller settings to provide 3 sequen#ial phasing for None) 0 4 $ 70.t 0 $ 280A0 driveways and SE 142nd PI crosswalk Subtotals 9, 744 $ 2, 660 $ 98 $ 1, 573 $ 1+,075