HomeMy WebLinkAboutITEM III-ACITY OF
AGENDA BILL APPROVAL FORM
* WASHINGTON
Agenda Subject: Date:
Resolution No. 4567 February 18, 2010
Department: Attachments: Budget Impact: Public Works Resolution No. 4567 and Exhibit A - $183,600
Agreement with King County for
Sewer Relocation Desi n
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4567
Background Summary:
Resolution No. 4567 authorizes the Mayor to execute an interagency agreement with King County
Wastewater Treatment Division related the relocation of a County sewer main for the M Street Grade
Separation Project. Under a previous agreement, the County agreed to reimburse the City's costs to
conduct a study to evaluate the feasibility and risks associated with a shared utility crossing of SR18 and
the BNSF railroad tracks for the City's relocated storm sewer and the County's relocated sanitary sewer.
The City has completed the feasibility study and the County has selected a preferred alignment for the
sewer relocation.
City and County staff believe there are mutual benefits in having the City design the County's sewer
relocation. According to this amendment, the City will lead the design efforts and the County will
reimburse the City for its costs.
The anticipated not to exceed cost of the design work is $183,600, which includes both City staff and
Consultant efforts.
A Budget Adjustment of $183,600 is needed to accept the anticipated reimbursement funds from King
County.
W0301-5
Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ®Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ®Public Works ®Legal ❑ Police
❑ Planning Comm. ❑ Other ®Public Works ❑ Human Resources
Action: Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l
Referred to Until I l Tabled Until I I
Councilmember: Wagner Staff: Dowdy
Meeting Date:: March 1, 2010 Item Number:
k t + •1~
RESOLUTION NO. 4567
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERAGENCY AGREEMENT WITH KING
COUNTY FOR THE PURPOSE OF DESIGNING A
RELOCATED COUNTY SANITARY SEWER LINE FOR THE M
ST SE GRADE SEPARATION PROJECT C201A
WHEREAS, the City is the lead agency and is responsible for the planning,
review, design, permitting, right-of-way acquisition and construction of the M Street
SE Grade Separation Project, hereinafter referred to as the "Project"; and
WHEREAS, the County has an 18-inch sanitary sewer line located in the public
right-of-way in the vicinity of the Project which will have to be relocated to
accommodate the Project; and
WHEREAS, a study to evaluate alternatives, hereinafter referred to as
"Feasibility Study," was performed and it was determined that there is a mutual
benefit to the City and County in having the City perform the design of the relocation
of the County's sanitary sewer as part of the Project design process ;and
WHEREAS, the County is willing to compensate the City for its cost to perform
the design of the sanitary sewer relocation, hereinafter referred to as the "Sanitary
Sewer Relocation Design Work" ;and
WHEREAS the City and County intend that the attached agreement may be
amended in the future to compensate the City for its cost to construct the sanitary
sewer relocation,
Resolution No. 4567
February 22, 2010
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Interagency
Agreement with King County for the purpose of completing the design for relocation
of a King County Sanitary Sewer line for the M St Grade Separation Project, in
substantial conformity with the agreement amendment attached hereto, marked as
Exhibit "A" and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2010.
CITY OF AUBURN
PETER B. LEWIS
MAYO R
Resolution No. 4567
February 22, 2010
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 4567
February 22, 2010
Page 3
RESOLUTION No. 4567, EXHIBIT A
INTERAGENCY AGREEMENT BETWEEN CITY OF AUBURN AND
KING COUNTY (WASTEWATER TREATMENT DIVISION)
FOR DESIGN OF UTILITY RELOCATION ASSOCIATED WITH
THE M STREET SE GRADE SEPARATION PROJECT
THIS AGREEMENT is made and entered into by and between King County, a
political subdivision of the State of Washington, hereinafter referred to as the
"County," and City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as the "City." County and City may also be collectively referred
to as the "Parties."
WHEREAS, the City has concluded that the re-grading of M Street SE at SR18 and
the BNSF Railroad tracks hereinafter referred to as the "M Street Grade Separation
Project" or "Project," is necessary in order to provide an acceptable level of traffic
flow and road safety; and
WHEREAS, the City is the lead agency and is responsible for the planning, review,
design, permitting, right-of-way acquisition and construction of the Project; and
WHEREAS, the County has an 18-inch sanitary sewer line located in the public right-
of-way in the vicinity of the Project which will have to be relocated to accommodate
the Project; and
WHEREAS, a study to evaluate alternatives, hereinafter referred to as "Feasibility
Study," was performed and it was determined that there is a mutual benefit to the
City and County in having the City perform the design for relocation of the County's
sanitary sewer together with the design and construction of a City storm sewer; and
WHEREAS, the County is willing to compensate the City for its cost to perform the
design of the sanitary sewer relocation, sometimes referred to as the "Sanitary Sewer
Relocation Design Work" herein as specified herein; and
WHEREAS the City and County intend that this agreement may be amended in the
future to compensate the City for its cost to construct the sanitary sewer relocation.
NOW THEREFORE, it is mutually agreed as follows:
Resolution No. 4567
February 22, 2010
Page 4
I. PURPOSE
The purpose of this Agreement is to set forth the mutual rights, responsibilities and
obligations of the County and the City for the design of the sanitary sewer relocation
described in Attachment A, which is attached hereto and incorporated herein by this
reference. No separate legal entity is created by this Agreement.
II. DURATION
This Agreement shall become effective immediately upon execution by all parties and
shall remain in effect until the Project is complete and the County has paid the City in
full for the actual cost of the design of the sanitary sewer relocation, in accordance
with the payment provisions of Section V herein unless terminated sooner, as
provided herein. The Parties anticipate the design of the sanitary sewer relocation
described in Attachment A will be completed by March 31, 2011.
III. THE CITY'S RESPONSIBILITIES
A. The City shall act as the lead agency for the Project and shall accomplish the
design of the sanitary sewer relocation described in Attachments A and B, on behalf
of the County in connection with the Project. The City project manager for the
Project shall act as the administrator of this cooperative undertaking.
B. The City shall: (i} retain an engineering consultant (sometimes referred to as
the "Consultant" herein) to prepare a scope of work for the design of the sanitary
sewer relocation; (ii} provide the scope of work for the design of the sanitary sewer
relocation to the County for review and approval, including identification of activities,
if any, that the County will perform; (iii) obtain any and all necessary rights of entry,
permits and approvals for the design of the sanitary sewer relocation and (iv}
accomplish the design of the sanitary sewer relocation through the engineering
consultant.
C. The County reserves the right to review and reject any plans and
specifications developed for the Sanitary Sewer Work by the City that are not in
compliance with the County's standards. Ultimate responsibility for the accuracy and
completeness of the City's plans and specifications for the Sanitary Sewer Relocation
Work rests with the City.
C. The City shall bill the County only for costs related to the Sanitary Sewer
Relocation Work incurred by the City, not to exceed $183,630 (the Maximum
Resolution No. 4567
February 22, 2010
Page 5
Agreement Ceiling) as set forth in Attachment B, in accordance with the payment
provisions of Section V of this Agreement.
IV. THE COUNTY'S RESPONSIBILITIES
A. Subject to the Maximum Agreement Ceiling, the County shall be responsible
for the actual, specified costs related to the design of the sanitary sewer relocation
and shall reimburse the City for such costs in accordance with the terms of Section V
of th is Ag reement.
B. The County shall make all reasonable efforts to cooperate with the City in
facilitating the Sanitary Sewer Relocation Work as set forth in Attachment A, and
make necessary personnel available so as to not delay the engineering consultant's
design schedule. Subject to Section VIII, the County shall be responsible for any
costs the City incurs resulting from extra work associated with schedule delays
caused by the County.
C. Any obligations of the County beyond the current fiscal year are subject to and
contingent upon the appropriation of funds by the King County Council for the specific
purpose of funding the Sanitary Sewer Relocation Work in accordance with the King
County Charter and applicable law. Should such an appropriation not be approved,
then this Agreement shall terminate at the close of the current appropriation year.
The appropriation year ends on December 31 of each year.
V. PAYM E N T
A. Subject to the Maximum Agreement Ceiling, the County agrees to reimburse
the City for the actual cost of the Sanitary Sewer Relocation Work without mark-up of
any kind. The City's estimate of costs is shown in Attachment B, attached hereto and
incorporated herein by this reference.
B. The City shall provide the County monthly with invoices showing expenditures
during the previous month on the Sanitary Sewer Relocation Work. Invoices shall
itemize the engineering consultant's payments applicable to the Sanitary Sewer
Relocation Work only. Invoices shall be documented to the reasonable satisfaction of
the County and shall include complete invoices paid by the City to the engineering
consultant, including components of the monthly invoices for which reimbursement is
not sought from the County. Properly documented invoices shall be paid by the
County within sixty (60) days of receipt by the County. Notice of any potential dispute
regarding such payment request shall be made in writing within the same time period.
Resolution No. 4567
February 22, 2010
Page 6
Payment by the County shall not constitute agreement as to the appropriateness of
any item or acceptance of the work so represented. At the time of completion of the
work under this Agreement, all required adjustments related to any potential dispute
for which notice has been timely given shall be made and reflected in a final
payment.
C. Subject to the Maximum Agreement Ceiling, the County shall pay the City as
follows:
1. The costs incurred, without mark-up, by the City's engineering
consultant to prepare the scope of work and perform necessary consulting
services for the Sanitary Sewer Relocation Work, as described in Attachments
A and B;
2. Actual City review and coordination costs as described in Attachments
A and B.
D. Monthly invoices shall provide a summary of labor, overhead costs, fixed fee, reimbursable costs, other allowable charges and the total amount due and will
include supporting documentation. If any invoice seeks reimbursement of City
employee labor hours, then the invoice shall state the labor hours expended by
individual City employees along with their applicable labor rates.
VI. HOLD HARMLESS AND INDEMNIFICATION
A. The City shall hold harmless, indemnify and defend the County, its officers,
appointed and elected officials, employees and agents, from and against any and all
claims, actions, suits, liability, loss, expenses, damages and judgments of any nature
whatsoever, including costs and attorney's fees in defense thereof, for injury,
sickness, disability or death to persons or damage to property or business, caused by
or arising out of the Sanitary Sewer Relocation Design Work and/or services
performed under this Agreement, whether arising before, during or after completion
of the Project or services and whether suffered by the City, its officials, employees
and/or agents or any other person or entity. PROVIDED, HOWEVER, that the City's
obligation hereunder shall not extend to injury, sickness, death or damage caused by
or arising out of the sole negligence of the County, its officers, elected and appointed
officials, employees or agents; the City expressly and specifically agrees that its
obligations under this paragraph extend to any claim, action, suit, liability, loss,
expense, damage and/or judgment brought by or on behalf of any of its appointed or
elected officials, employees or agents. For this purpose, the City, hereby expressly
and specifically waives, with respect to the County only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions
of Title 51 RCW.
Resolution No. 4567
February 22, 2010
Page 7
B. The City will require its engineering consultants, contractors, subcontractors
and suppliers of any tier to defend, indemnify and hold harmless King County, its
officers, officials, and employees from any and all claims, injuries, damages, losses
or suits including attorney's fees and costs, arising out of or in connection with the
design and development of the Sanitary Sewer Relocation Design Work except for
injuries and damages caused by the sole negligence of King County.
VII. TERMINATION
A. At any time, and for any reason, the City has the right to terminate this
Agreement by providing written notice to the County, in which case the County shall
only be responsible for costs authorized under Section V (C} herein incurred by the
City priorto the City's notice of termination.
VIII. EXTRA WORK
Any change in the Sanitary Sewer Relocation Design Work, which would cause the
Maximum Agreement Ceiling to exceed the amount shown in Attachment B will
require a binding Letter of Agreement, signed by both the City Mayor or his designee
and the County Wastewater Treatment Division Director or his/her designee,
describing the changed scope of work and the estimated change in the Sanitary
Sewer Relocation Design Work cost prior to the additional work being completed.
IX. INSURANCE
A. Prior to the commencement of design services for the Sanitary Sewer
Relocation Design Work, the City shall cause its Consultant to maintain the following
minimum insurance coverages, provide the County with evidence thereof and require
compliance with all of the following provisions:
1. General Liability. $5,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage, and for those policies with
aggregate limits, a $5,000,000 aggregate limit. Coverage shall be at least as
broad as Insurance Services Office form number (CG 00 01 Ed. 11-88)
covering COMMERCIAL GENERAL LIABILITY.
2. Professional Liability Errors and Omissions. $1,000,000 per claim and
in the aggregate.
Resolution No. 4567
February 22, 2010
Page 8
3. Automobile Liability. $5,000,000 combined single limit per accident for
bodily injury and property damage. Coverage shall be at least as broad as
Insurance Services Office form number (CA 00 01 Ed. 12/90} covering
BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of
symbols 2, 8, and 9.
4. Workers' Compensation. Statutory requirements of the State of
residency. Coverage shall be at least as broad as Workers' Compensation
coverage, as required by the Industrial Insurance Act of the State of
Washington, as well as any similar coverage required for this work by
applicable Federal or "other States" State Law.
5. Employer's Liability or "Stop Gap". Coverage shall be at least as broad
as the protection provided by the Workers Compensation policy Part 2
(Employers Liability) or, in states with monopolistic state funds, the protection
provided by the "Stop Gap" endorsement to the general liability policy.
B. Any deductibles or self-insured retentions must be declared to, and approved
by, the County. The deductible and/or self-insured retention of the policies shall not
limit or apply to the Consultant's liability to the County and shall be the sole
responsibility of the Consultant.
C. The insurance policies required in this Agreement are to contain, or be
endorsed to contain the following provisions:
1. General Liability Policy:
(a) The County, its officers, officials, employees and agents are to
be covered as additional insured as respects liability arising out of
activities performed by or on behalf of the Consultant in connection with
this Agreement.
(b) To the extent of the Consultant's negligence, the Consultant's
insurance coverage shall be primary insurance as respects the County,
its officers, officials, employees and agents. Any insurance and/or self-
insurance maintained by the County, its officers, officials, employees or
agents shall not contribute with the Consultant's insurance or benefit
the Consultant in any way.
(c) The Consultant's insurance shall apply separately to each
insured against whom a claim is made and/or lawsuit is brought, except
with respect to the limits of the insurer's liability.
D. Unless otherwise approved by the County, Insurance is to be placed with
insurers with a Best's rating of no less than A:VIII, or, if not rated with Bests', with
minimum surpluses the equivalent of Best's surplus size VIII.
Resolution No. 4567
February 22, 2010
Page 9
E. Professional Liability, Errors and Omissions insurance may be placed with
insurers with a Bests' rating of B+:VII. Any exception must be approved by the
County.
F. If at any time of the foregoing policies shall be or become unsatisfactory to the
County, as to form or substance, or if a company issuing any such policy shall be
or become unsatisfactory to the County, the Consultant shall, upon notice to that
effect from the County, promptly obtain a new policy, and shall submit the same
to the City with the appropriate certificates and endorsements, for approval.
G. For work within the BNSF right-of-way, the City represents that it andlor its
consultants have, at a minimum, the following insurance (per BNSF permit
requirements}:
1. Commercial General Liability Insurance. This insurance shall contain
broad form contractual liabilitywith acombined single limit of a minimum of
$2,000,000 each occurrence and an aggregate limit of at least $4,000,000.
Coverage must be purchased on a post 1998 ISO occurrence or equivalent
and include coverage for, but not limited to, the following:
• Bodily Injury and Property Damage
• Personal Injury and Advertising Injury
• Fire legal liability
• Products and completed operations
2. Business Automobile Insurance. This insurance shall contain a
combined single limit of at least $1,000,000 per occurrence, and include
coverage for, but not limited to the following:
• Bodily injury and property damage
• Any and all vehicles owned, used or hired
3. Workers Compensation and Employers Liability Insurance. This
insurance shall include coverage for, but not limited to:
• The City's andlor its consultant's statutory liability under the worker's
compensation laws of the state(s) in which the work is to be performed. If
optional under State law, the insurance must cover all employees anyway.
• Employers' Liability (Part B) with limits of at least $500,000 each
accident, $500,000 by disease policy limit, $500,000 by disease each
employee.
4. Railroad Protective Liability Insurance. This insurance shall name only
BNSF as the Insured with coverage of at least $2,000,000 per occurrence and
$6,000,000 in the aggregate. The coverage obtained under this policy shall
Resolution No. 4567
February 22, 2010
Page 10
only be effective during the initial soil boring andlor testing. If further testing
andlor boring is needed at a later date, an additional Railroad Protective
Liability Insurance Policy shall be required. The policy shall be issued on a
standard ISO form CG 00 3510 93 and include the following:
• Endorsed to include the Pollution Exclusion Amendment (ISO form CG
28 31 10 93}
• Endorsed to include the Limited Seepage and Pollution Endorsement.
• Endorsed to include Evacuation Expense Coverage Endorsement.
• No other endorsements restricting coverage may be added.
• The original policy must be provided to BNSF prior to performing any
work or services under the BNSF permit.
In lieu of providing a Railroad Protective Liability Policy, the City is
participating in BNSF's Blanket Railroad Protective Liability Insurance Policy
(as allowed by the BNSF permit).
X. KING COUNTY'S RELATION TO CONSULTANT
Any consultants andlor subconsultants used bythe Cityto fulfill its obligations under
this Agreement shall be retained solely by the City, shall be identified in the Budget,
Attachment B and shall be subject to the scope of services and the Maximum Agreement Ceiling set forth on the attachments. Such consultants or subconsultants
shall be considered independent contractors for the City. They shall not be deemed
to have any contractual relationship with the County and the County shall have no
obligation to pay such consultants or subconsultants.
XI PROJECT RECORDS
Upon request by the other Party, each Party will provide, within ten (10) calendar
days of any request, or if the request is voluminous or is for documents in several
locations then in a reasonable time, any Project-related documentation in its
possession or in the possession of its agents, Contractors and Consultants (except
documents that are not subject to the Washington State Public Records Act, Ch.
42.56 RCU11), including but not limited to environmental analyses, geo-technical
reports, engineer's records and documents, and contract payment records relating to
this Agreement. In addition for a period not less than six (6) years from the final
payment to the City, the City shall keep all records and accounting pertaining to this
Agreement available for inspection and audit by the State and copies of all records,
accounts, documents or other data pertaining to this Agreement shall be furnished
upon request. If any litigation, claim, or audit is commenced, the records and
accounts along with supporting documentation shall be retained by the City until all
Resolution No. 4567
February 22, 2010
Page 11
litigation, claim or audit finding has been resolved even though such litigation, claim,
or audit may continue past the six-year retention period.
XII. DISPUTE RESOLUTION
A. In the event the City and the County disagree over whether the Consultant has
fulfilled its obligations under the Sanitary Sewer Relocation Design Work scope of
work, the City reserves the right to make the final decision as to the acceptability of
the work. If a dispute arises between the County and the City related to this
Agreement, the parties agree that they will attempt to resolve the issue through
mutual negotiation. In the event that the Parties are not able to reach an agreement
through such negotiation the Parties agree to engage in mediation in order to resolve
the dispute. Mediation may be requested by either party, and shall be attempted
prior to the institution of any lawsuit arising under this Agreement. Each party shall
designate, in writing, not more than three candidates it proposes to act as a non-
binding mediator within ten days following notification of a dispute. The candidates
proposed shall be from Judicial Arbitration and Mediation Services (JAMS) or Judicial
Dispute Resolution (JDR) or shall be a neutral, independent and recognized expert in
the field in which the dispute arises. If the Parties cannot agree on one of the
mediators from the combined list within five days, then the Parties shall promptly
meet and select a mediator by blind draw. Upon selection of the mediator, the
Parties shall within 30 days, or as soon thereafter as possible, meet and engage in a
mediation of the dispute with the assistance of the mediator. The cost for the
mediation services shall be borne equally between the Parties, each party paying
one-half of the cost. The mediator shall determine reasonable procedures.
Testimony and briefing, if any, provided to the mediator shall be inadmissible in any
subsequent court proceedings. If mediation fails to resolve the dispute, the Parties
may thereafter seek redress in court. Venue and jurisdiction shall lie with the King
County Superior Courtin Seattle, Washington.
B. This Agreement has been made pursuant to, and shall be construed according
to, the laws of the State of Washington.
XIII. PROPERTY
Any real or personal property acquired or used by any party in connection with this
Agreement will be acquired, held, and disposed of by that party in its discretion, and
other parties will have no joint or other interest therein. Upon termination of this
Agreement, real and personal property acquired through this Agreement shall be
retained or disposed of in the manner provided by law.
Resolution No. 4567
February 22, 2010
Page 12
XIV. 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 either party unless it is in writing and executed by both parties. All such
changes shall be made part of this Agreement.
XV. NOTICES
Unless otherwise directed in writing, notices, reports and payments shall be delivered
to each party as follows:
City of Auburn King County
Public Works Department King County Department of Natural
Jacob Sweeting, P.E. Resources and Parks
25 West Main Street Wastewater Treatment Division
Auburn, WA Susan Hildreth, P.E.
98001 Mailstop KS C-NR-0509
201 South Jackson Street
Seattle, Washington 98104-3855
Notices mailed by either party shall be deemed effective on the date mailed. Either
party may change its address for receipt of reports, notices, or payments by giving
the other written notice of not less than five (5) days prior to the effective date.
For accounting purposes, the respective Federal Tax Identification Numbers are:
City of Auburn: 91-6001228 King County: 91-6001327
XVI. ENTIRE AGREEMENT
These provisions represent the entire and integrated agreement of the parties and
may not be modified or amended except as provided herein. Any understanding,
whether oral or written, which is not incorporated herein is expressly excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective
on the latest date shown below. The signatories below represent and warrant that
they possess the authority to execute this Agreement and bind their respective
entities.
Resolution No. 4567
February 22, 2010
Page 13
CITY OF AUBURN KING COUNTY
Wastewater Treatment Division
By: By:
Peter Lewis Date Christie True Date
Mayor Waste Water Treatment Division
Director
Resolution No. 4567
February 22, 2010
Page 14
INTERAGENCY AGREEMENT BETWEEN CITY OF AUBURN AND
KING COUNTY (WASTEWATER TREATMENT DIVISION)
FOR DESIGN OF UTILITY RELOCATION ASSOCIATED WITH
THE M STREET GRADE SEPARATION PROJECT
AttachmentA -Scope of Work for Design, Survey and Environmental Services
During the term of this AGREEMENT, the City of Auburn (CITY) shall perform
professional services for King County (COUNTY) in connection with the following
project:
Relocation of County Sanitary Sewer for the M Street SE Grade Separation
This Scope of Work is for the Relocation of County Sanitary Sewer for the M Street
SE Grade Separation Project. This scope includes project management, consultant
management, preliminary engineering, environmental documentation and permitting,
stakeholder coordination, final design (including plans, specifications, and estimates),
public involvement, bidding services, and construction inspection and administration.
Project Description
The relocation of the existing County sanitary sewer for the M Street SE Grade
Separation will require the preparation of plans and specifications for the construction of a
sanitary sewer main and the decommissioning of the existing sanitary sewer main
within the section of M Street SE being lowered for the M Street SE Grade
Separation. Approximately1100 feet of sanitary sewer main will need to be
decommissioned on M Street SE from approximately 6t" Street SE to 3rd Street SE.
Effluent from the south will need to by-pass the decommissioned section via a new
sanitary sewer that will connect to the existing main in M Street SE near 6t" Street
SE, turn and follow 6t" Street SE west to L Street SE, turn and follow L Street SE
north to the State Route 18 (SR18) embankment and the BNSF Railway Stampede
Pass railroad tracks, cross SR18 and the railroad tracks along L Street SE, follow L
Street SE north to 4t" Street SE, turn and follow 4t" Street SE east to M Street SE,
turn and follow M Street SE north to a new connection to the existing main in M
Street SE near 3rd Street SE. The approximate length of the by-pass sewer route will
be 1700 feet.
Shared Tasks
The CITY is designing and constructing a separate storm sewer main that affords the
decommissioning of its existing storm sewer main within the section of M Street SE
being lowered for the M Street SE Grade Separation. Storm flows from the south will
by-pass the decommissioned section via a series of new manholes and pipes that will
follow the same general alignment as the relocated COUNTY sanitary sewer main.
The two utilities will cross SR18 and the BNSF railroad tracks in separate casings.
Resolution No. 4567
February 22, 2010
Page 15
Since the COUNTY'S sanitary sewer main relocation and the CITY'S storm sewer main
relocation will follow the same general alignment and they are both being completed
for the M Street SE Grade Separation Project, it follows that they also share similar
design, permitting, and construction tasks. The budget for this scope of work has
been adjusted to reflect the tasks that are either partially or completely shared with
the CITY'S storm relocation effort.
The CITY and the COUNTY acknowledge cost and schedule benefits to both parties
from combining efforts to relocate the storm and sanitary sewers. In conducting the
work, every effort will be made by the CITY's consultant to allocate their costs fairly
between tasks previously identified for the CITY's storm sewer relocation, and the
tasks established in this agreement for the sanitary sewer relocation work.
The table below lists shared tasks necessary for completing the design and
permitting of the COUNTY'S sanitary sewer and the allocation of the costs between
the CITY and the COUNTY:
Allocation of Shared Costs for Storm
and Sewer Relocation
Total Estimated County's
Estimated Estimated County Cost to Task
Shared Task Task Cost Cit Share Share Count Number
Consultant Management
and Administration $210,098 95% 5% $20,900 15.2.1
Schedule Development
and Mana ement $8,849 67% 33% $2,950 15.2.2
Scope and Budget
Mana ement $15,241 23% $3,441 15.2.3
Monthly Progress
Reportin and Invoicin $51,621 91 % 9% $4,425 15.2.4
Geotechnical Work $160,000 100% 0% $0 NA
Basemap and Surve $95,623 92% 8% $7,866 15.3
Desi n Criteria Memo $4,425 0% 100% $4,425 15.4.1
30% Desi nand Plans $206,117 92% 8% $17,084 15.4.2
60% Submittal $384,703 91% 9% $33,185 15.4.3
90% Submittal $384,211 91% 9% $32,694 15.4.4
100% Submittal $385,071 91% 9% $33,554 15.4.5
Perm itti n $111, 601 79% 21 % $23,107 15.5
Construction (not
included) 15.6
Total Cost to County $183,630
Resolution No. 4567
February 22, 2010
Page 16
Assumptions
The following assumptions have been made in developing the Scope of Work and
Budget for the Relocation of County Sanitary Sewer for the M Street SE Grade
Separation Project.
1. The CITYwill amend its agreement with CH2M Hill (CITY'S CONSULTANT) for
design services for the M Street SE Grade Separation to include work for the
Relocation of County Sanitary Sewer for the M Street SE Grade Separation
Project.
2. In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the project, the CITY will have no control over cost or price of
labor and materials; unknown or latent conditions of existing equipment or
structures that might affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance by operating
personnel or third parties; and other economic and operational factors that might
materially affect the ultimate project cost or schedule. The CITY, therefore, will
not warranty that the actual project costs, financial aspects, economic feasibility,
or schedules will not vary from CITY'S opinions, analyses, projections, or
estimates.
3. Drawings will be produced using MicroStation 20040 and will be submitted in
AutoCAD 2006 format, following CITY standards.
4. Bidding services, construction administration and construction inspection have not
been included in this scope because they could not be accurately scoped at this
time. Bidding and construction phase services may be added in a subsequent
amendment of this agreement.
5. Unless otherwise noted, all project deliverables are items that are to be submitted
by the CITY to the COUNTY. Unless otherwise directed by the COUNTY, the
CITYwill first prepare a draftversion of the deliverable and submit itfor review
and comment. The CITY shall address any comments, make appropriate
revisions, and re-submit the final version, except for plan submittals for which the
CITY will submit revisions with the next planned submittal. The COUNTY will
provide a consolidated set of review comments to the CITY.
6. Unless otherwise noted, the CITY shall submit two hardcopies, one bound and
one unbound, and 1 electronic PDF copy of all documents listed as deliverables.
All calculations, analyses, design, plans, specifications, and other project work will
be prepared in English units, US Survey Feet.
8. The COUNTY will provide the electronic CAD file of the L Street route prepared
by the COUNTY to the CITY;
9. The CONSULTANT will verify the accuracy of the COUNTY L Street mapping
provided by the CITY and merge it with the project base map;
Resolution No. 4567
February 22, 2010
Page 17
10. The CONSULTANT will prepare and incorporate the COUNTY sanitary sewer
relocation plans into the M Street SE Grade Separation project plans using the
CITY CAD format and presentation standards; Unless added as an amendment to
this scope, the CONSULTANT will not prepare a separate (stand alone} set of
contract plans for the sanitary sewer work, but rather will prepare a combined set of
plans showing all Project work along with the sanitary sewer relocation work.
11. Water quality treatment and detention will not be required for replaced impervious surface
associated with the relocated sanitary sewer;
12. Existing borings and test pits previously conducted at L Street for the earlier
Feasibility Study are sufficient for design and no additional geotechnical
investigations will be necessary to support the sanitary sewer relocation;
13. The relocated sanitary sewer will be located within the existing CITY right of way,
and cross the BNSF and WSDOT right of ways in a casing that is separate from
the relocated storm drain casing;
14. Wastewater flow rates will not be calculated by CONSULTANT;
15. The COUNTY will be the applicant for the BNSF and WSDOT crossing
permits/easements for the County's relocated sanitary sewer main; The
CONSULTANT shall prepare and provide the documentation required to support
the permitsleasements. The COUNTY will forward its permit applications for
BNSF and WSDOTto the CITY. The CITYwill transmitthe COUNTY and CITY
crossing applications togetherwith cover letters explaining thattheCITY and
COUNTY applications are for utility crossings related to the CITY'S M Street SE
Grade Separation Project;
16. The COUNTY will provide electronic copies of standard sewer details, record
drawings of the existing sanitary sewer main and side sewer connections within
the project limits, and video data to confirm side sewer locations that the
CONSULTANT will incorporate in the final design;
17. No permanently pumped service connections are assumed needed for the work;
18. Except Contract Documents, all submittals shall first be made as drafts and
subsequently finalized per any review comments.
19. Unless otherwise indicated, all electronic submittals shall be in PDF format
supplied via a-mail or FTP site.
20. The CONSULTANT will use WSDOT/APWA Contract Specifications and CITY-
developed special provisions for the Contract Specifications.
21. The Sanitary Sewer Relocation Plans and Specifications will be incorporated into
the same set of plans and specification as the CITY's storm sewer relocation. A
separate set of Contract Documents will not be prepared.
22. No property or easement acquisitions are anticipated for the storm sewer or sanitary
sewer relocation.
Resolution No. 4567
February 22, 2010
Page 18
23. The City will conduct any community outreach regarding modification to existing
sidesewers and other aspects of the project, with support as needed from the County.
Design Standards and References
The project shall be developed in accordance with the latest edition, amendments,
and revisions of the following publications, where applicable:
1. County Standards
2. City of Auburn Publications:
Design Standards, Dated December 2004 as amended
Construction Standards, Dated December 2003 as amended
City's Boiler Plate Standard Special Provisions for the 2010 WSDOT
Specifications, when available
3. State Publications:
- 2010 Standard Specifications for Road, Bridge, and Municipal Construction
(M 41-10)
- Standard Plans for Road, Bridge, and Municipal Construction (M 21-01)
- Design Manual (M 22-01)
- Hydraulic Manual (M 23-03)
- Plans Preparation Manual (M 22-31)
- Amendments and General Special Provisions
- Standard Item Table
- WSDOT 2008 Highway Runoff Manual (31-16)
- WSDOT 2008 Environmental Procedures Manual (M 31-11)
- WSDOT 2008 Traffic Manual (M 51-02)
- WSDOT 2008 Local Agency Guidelines (M 36-63)
- WSDOT Bridge Design Manual
- WSDOT Right of Way Manual (M 26-01)
4. American Association of State Highway and Transportation Officials Publications:
- A Policy on Geometric Design of Highways and Streets (2004 ("Green Book")
- Any American Association of State Highway Officials policies applicable where
said policy is not in conflict with the standards of the Washington State
Department of Transportation.
5. U.S. Department of Transportation Publications:
- Manual on Uniform Traffic Control Devices for Streets and Highways (current
edition)
6. Other Publications:
- National Electrical Code
- Book of American Society for Testing and Materials Standards
Resolution No. 4567
February 22, 2010
Page 19
- BNSF Railway- Union Pacific Railroad: Guidelines for Grade Separation
Projects
- BNSF Railway -Utility Accommodation Policy, Rev. May 2007
Obtaining WSDOT, AASHTO, USDOT, and other publications not listed as being
provided by the COUNTY or CITY shall be the CITY'S CONSULTANT'S
responsibility.
For administrative purposes, the task numbering for this scope of work starts at 15
because Tasks 1 thru 14 are included in the CITY'S original scope of work with the
CITY'S CONSULTANT for the M Street SE Grade Separation Project. Task 15.1 is
included in the Feasibility Study Agreement.
TASK 15 KING COUNTY SANITARY SEWER RELOCATION
15.2 Project Management
15.2.1 Consultant Management and Administration
The CITY will develop, execute, and administer an agreement with the CITY'S
CONSULTANT to perform the work indicated in this Scope of Work. The CITY will
lead the sanitary sewer relocation design efforts and will manage the CITY'S
CONSULTANT related work. The CITY will coordinate and facilitate discussions,
meetings, and other communications between the CITY'S CONSULTANT and the
COUNTY.
15.2.2 Schedule Development and Management
The CITY'S CONSULTANT will prepare a baseline project schedule that
substantiates milestone dates. The baseline project schedule will serve as a guide for
scheduling the detailed work and will include a work breakdown structure (WBS) that
identifies the design activities, their connectivity with other activities, their durations,
and their reviews necessary to deliver the deliverables for the project. The CITY'S
CONSULTANT will provide electronic copies of the project schedule to the CITY and
COUNTY for review and approval. The CITY'S CONSULTANT will baseline the
project schedule when it is approved by the COUNTY.
The CITY'S CONSULTANT will submit schedule updates to the CITY with each
invoice or as significant changes to the schedule are proposed. For budgeting
purposes, it is assumed that 12 schedule updates will be prepared.
Resolution No. 4567
February 22, 2010
Page 20
Deliverable(s):
• Baseline Schedule
• Updated Schell u le with Each Invoice
15.2.3 Scope and Budget Management
The CITY will manage the project scope and budget. Significant changes will be
reported to the COUNTY as they occur and in monthly project management team
meetings and/or progress reports. This task will help monitor scope and costs, and to
propose corrective actions. Current financial status as well as projections of cost to
compete work will be provided to the COUNTY monthly. These actions will include
formal requests for budget or scope modifications.
15.2.4 Monthly Progress Reporting and Invoicing
The CITY will prepare and submit invoices and supporting documentation, on a
monthly basis or as agreed is necessary by the COUNTY'S Project Manager. The
City will review and incorporate CITY'S CONSULTANT invoices with the CITY
invoices.
The CITY'S CONSULTANT will prepare and submit progress reports with each
invoice that qualitatively describe the work accomplished during the billing period,
including the status of individual tasks, meetings attended, subconsultant work and
action or information needed from the CITY. Progress reports will also indicate work to be accomplished during the next billing period.
6 monthly invoices and progress reports are assumed for the project.
Deliverable(s):
• 6 Status reports on scope completion - % complete
• 6 Monthly Budget Forecasts -Estimate to Complete (ETC}
• 6 Monthly invoices
• 6 Monthly progress reports
• 6 Schedule updates (one electronic copy in PDF.)
Resolution No. 4567
February 22, 2010
Page 21
15.3 Base Map and Survey
The CITY'S CONSULTANT will use survey mapping conducted and provided by King
County, remove redundant elements previously surveyed by the CITY'S
CONSULTANT, convert new mapping elements to CITY CAD format, and merge new
elements with the M Street SE Grade Separation Project base map. The CITY'S
CONSULTANT will convert all elevations to the NAVD88 datum.
It is assumed that during the design phase, some level of supplemental survey may
be necessary, and for purposes such as private property match/conforms, utility
features, structure elevations, or features requiring more definition for design
purposes. For budgeting purposes this task item has been estimated to not exceed
40-field crew hours. Any costs for performing additional survey beyond 40-field crew
hours, may be adjusted accordingly and approved by amendment before
commencement of field activities.
Deliverable(s):
Base map hardcopy roll-plot style, PDF, and AutoCad formats
15.4 Design
The CITY's CONSULTANT will develop and expand the project design using the
Feasibility Study and the preliminary layout prepared by the COUNTY. The design
submittals shall generally include the sheets as shown on the table below:
Table A -Sheet List by Discipline and Submittals
30% 60%, 90%, &
Submittal 100% Submittal
Drawing Title No. of Sheets No. of Sheets Comments
General Sewer Notes 1
Sewer Plan and Profile 11 11
2 std detail shts; 2
Sewer Details 1 4 spec. detail shts
Roadway section 1 L Street
Demolition and Removals 1 L Street
Paving and Grading Plans 1 L Street
Totals 12 19
Resolution No. 4567
February 22, 2010
Page 22
15.4.1 Design Criteria Memo
Before starting the design work, the CITY'S CONSULTANTwill prepare a criteria
memorandum to communicate, document, and obtain concurrence forthe expected
construction standards. The memorandum will define the criteria to be used for
developing the layout, profile and details, and materials for the sewer conveyance
system. Criteria will be based on King County sewer construction standards, BNSF
and WSDOT requirements for perpendicular crossings, and review input from CITY
and COUNTY staff. Comments on the criteria memo shall be discussed in a 2-hour
review meeting to be held at the CITY.
Deliverable(s):
Sewer relocation criteria memo
15.4.2 30% Design and Plans
The COUNTY has determined that replacement of the existing 18-inch sanitary
sewer in M Street in the vicinity of the BNSF crossing with a new 18-inch sanitary
sewer offset to L street is adequate for the County's sanitary sewer main relocation.
The County requires that anear-uniform slope be maintained between the points of
connection to the excising main. The CITY'S CONSULTANT will design the sanitary
sewer accordingly, and will not estimate sewer design flows or perform any type of
hydraulic calculations to support the pipe size and slope.
The CITY'S CONSULTANT will combine the M Street SE Grade Separation update
project plan sheets and limits to accommodate the project area along L Street.
The CITY'S CONSULTANT will prepare preliminary drawings for the relocated
sanitary sewer main consisting of combined plan and profiles drawings. The 30% plans
will show the proposed horizontal and vertical alignments, structures, slopes, and tie-
in locations for the relocated sanitary sewer main. Table A identifies the sheet list for
this task. Standard cut and cover trench construction is assumed for portions within
City street limits. The design for the WSDOT and BNSF right-of-way crossings will be
based on bore and jacked construction using an oversized steel casing. Existing
residential connections to the sanitary sewerwill be removed and reconnected to the relocated sanitary sewer (approximately 4). Additional stubs for potential future
connections will be included (approximately 2). Additional new connections may be
required to accommodate project elements and will also be included.
Resolution No. 4567
February 22, 2010
Page 23
Deliverables:
• 30% Plans (4 full size, 4 half size, Electronic PDF and CAD files)
• 30% Opinion of Cost (2 hardcopies, Electronic Excel file)
15.4.3 60% Submittal
The CITY'S CONSULTANT will address all comments from the 30% submittal.
Comments on the 30% plans shall be discussed in a 2-hour review meeting to be
held at the CITY or COUNTY.
The CITY'S CONSULTANT will prepare the 60% plans to include all of the 30%
elements plus demo plans, construction notes, elevations, stations, details forthe
sanitary sewer relocation and surface restoration plans. Table A identifies the sheet
list for this task. The CITY'S CONSULTANT shall prepare an outline of the Contract
Specifications for review and comment.
Deliverables:
• 60% Plans (4 full size, 4 half size, Electronic PDF and CAD files)
• 60% Opinion of Cost (2 hardcopies, Electronic Excel file)
• 60% Draft Specifications Outline (2 Hardcopy, 1 Electronic Word file set)
15.4.4 90% Submittal
The CITY'S CONSULTANT will address all comments from the 60% submittal.
Comments on the 90% plans shall be discussed in a 2-hour review meeting to be
held at the CITY.
The CITY'S CONSULTANT will prepare the 90% plans and specifications to include
all elements required for construction. Table A identifies the sheet list for this task.
Deliverables:
• 90% Plans (4 full size, 4 half size, Electronic PDF and CAD files)
• 90% Opinion of Cost (2 hardcopies, Electronic Excel file)
• 90% Draft Specifications (2 Hardcopy, 1 Electronic Word file set)
15.4.5 100 % Submittal
Resolution No. 4567
February 22, 2010
Page 24
The CITY'S CONSULTANT will address all comments from the 90% submittal. Table
A identifies the sheet list for this task. The CITY'S CONSULTANT will prepare the
100% plans, specifications, and proposal package to include all elements required for
bidding and construction.
Deliverables:
• Final Plans (14mi1 Mylar, Electronic PDF and CAD files)
• Final Opinion of Cost (2 hardcopies, Electronic Excel file)
• Final Specifications and Proposal Package (2 Hardcopy, 1 Electronic Word file
set)
15.5 Permitting
The CITY'S CONSULTANT shall prepare all supporting documentation required for
the permits and/or easements required for the BNSF and WSDOT crossings.
The CITY'S CONSULTANT shall prepare all information required to include the
County's sanitary sewer relocation with the CITY'S NEPA and SEPA permit
documentation. The CITY shall modify the project APE, historic inventory, and other
environmental documentation to address the combined sewer relocation project. In
addition, the County will conduct an environmental review process to meet it's legal
obligations as funding agency forforthe sanitary sewer relocation.
15.6 Construction
Construction services are not included in this scope but may be added at a later date.
Resolution No. 4567
February 22, 2010
Page 25
INTERAGENCY AGREEMENT BETWEEN CITY OF AUBURN AND
KING COUNTY (WASTEWATER TREATMENT DIVISION)
FOR UTILITY RELOCATION ASSOCIATED WITH
THE M STREET GRADE SEPARATION PROJECT
Attachment B -Budget
Consultant Labor and $168,630
Expenses
City Expenses, $15,000
Labor, and Benefits
Total X183,630
Resolution No. 4567
February 22, 2010
Page 26