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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
STREET.SE GRADE SEPARATION PROJECT C201A
WHEREAS, the City is the lead agency and is responsible for tlie 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 alfernatives, 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 Sfreet Grade Separation Project, in
substantial conformity with the agreement 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 fo 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
l
.
P - ER' B. LEWIS
MAYOR
Resolution No. 4567
February 22, 2010
Page 2 , .
J
~
ATTEST: '
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM: ~
niel B. ' , -
City Attomey
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
"Counfy," and City of Aubum, 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 Sfreet Grade Separation
Project" or "Project," is necessary in order to provide an accepfable level of traffic
flow and road safety; and
WHEREAS, the City is the :lead agency and is responsible for the planning, review,
design, perrnitting, 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 altematives, 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 fhe "Sanitary
Sewer Relocation Design Work" herein as specifed herein; and
WHEREAS the City and Counfy intend #hat this agreement may be amended in the
fufure 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, whicti is aftached 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 unfil 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 hecein. 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 sliall accomplish the
design of the sanitarysewer 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, incl.uding 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 sanifary 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 RESPON3IBILITIES
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 this Agreement.
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: Subjecfi 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 , ofi 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. PAYMENT
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 .bythis reference.
B. The City shall provide fhe County monthly with inyoices showing expenditures
during the previous month on the Sanitary Sewer Relocation Wock. 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 potentiaf
dispute regarding such payment request shall be made in writing within the same
Resolution No. 4567 .
February 22, 2010
Page 6
time period. 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 fhe scope of work and perform necessary consulting
services for the Sanitary Sewer Relocation Work, as deseribed 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 senrices
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 specifcally agrees that its
obligations under this paragraph exfend to any claim, action, suit, liability, loss,
expense, damage and/or judgmenf brought by or on behalf of any ofi 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 Industriaf 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 Sanifary 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 eosts authorized under Section V(C) herein incurred by the
City prior to 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 commencemenfi of design services for the Sanitary Sewer
Relocation Design Work, the City shall cause ifs 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
Fe6ruary 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 ofi
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 fhe 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 Rgreement are to contain, or be
endorsed to contain the following provisions:
1. General Liability Policy:
(a) The Counfy, its officers, officials, employees and agents are to
be covered as additional insured as respects liabilify arising owt of
activities performed by or on behalf of the Consultant in connection wifh
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, ifs 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, Ecrors 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 appropriafe.certificates and endorsements, for approval.
G. For work within the BNSF right-of-way, the City represents that it and/or its
consultants have, at a minimum, the following insuranee (per BNSF permit
requirements):
1. Commercial General Liability Insurance. This insurance shall contain
broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurtence and an aggregate limit of at least $4,000,000..
Coverage must be purchased on a post 1998 ISO occuRence or equivalent
and include coverage for, but not limited to, the following:
• Bodily Inju ry 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:
o Bodily injury and propecty 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 and/or 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' Liabilify (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 witli 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 and/or testing. If further testing
~ and/or 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 35 10 93 and include the following:
• Endorsed to include the Pollution Exclusion Amendment (ISO form CG
28 31 1093)
• 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 fo 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).
1
X. KING COUNTY'S RELATION TO CONSULTANT
Any consultants and/or subconsultanfs used by the City to fulfll 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 attachmenfs. Such consultants or
subconsultants shall be considered independent contractors for the City. They shall
not be deemed to haye any contracfual 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 doeuments in several
locations then in a reasonable time, any Project-related documentation in its
possession or in the possession of its ,agents, Confractors and Consultants (except
documents that are not subject to the Washington State Public Records Act, Ch.
42.56 RCW), 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 audif by the State and copies of all records,
accounts, documenfs 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.
XIL DISPUTE RESOLUTION
A. In .the event the City and the County disagree over whether the Consultant
has fulfilled'its obligations undec 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 befinreen 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 b.e requested by either party, and shall be attemptetl
prior to the institution of any lawsuit arising under this Agreement. Each party shall
designate, in writing, not more #han three candidates, it proposes. to act as a non-
binding mediator within ten days following notifcation of a dispute. The candidates
proposed shall be #rom 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 dispufe arises. If the Parties cannot agree on one of the
mediators from the combined lisf 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 metliator shall be inadmissible in any .
subsequent court proceedings. If inediation fails to'resolve the dispute, the Parties
may thereafter seek redress in court. Venue and, jurisdiction shall lie with the King
County Superior Court in 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 th.is
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 foll'ows:
City of Auburn King Couniy '
Public Works Department King County Departmenf of Natural
Jacob Sweeting, P.E. Resources and Parks
25 West Main Street Wastewafer Treatmenf Division
Auburn, WA Susan Hildreth, P.E:
98001 Mailstop KSG-NR-0509
204 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 paymenfs by giving
the other written notice of not less than five (5) days prior to the effective date.
For accounting purposes, the tespective 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
CJTY OFAUBURN KING COUNTY
Wastewater Treatment Division
By: MnQ , 201 n By: .
Peter Lewis Date Chrisfie True Date
Mayor Waste Water Treatment Division
Director'
J
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
Attachment A- Scope of Work for Desiqn, Survev 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 fhe following
project:
Relocation of County Sanitary Sewer for the IVI Sfreet 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 documenfation and permitting,
stakeholder coordination, final design (including plans:, specifications, and
estimates), public involvement, bidding services, and construction inspection and
administration.
Proiect Descriation
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 feef of sanitary sewer main will need to be
decommissioned on M Street SE from approximately 6th Street SE to 3`d 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 6th Street
SE, turn and follow 6th Street SE west to L Street SE, #um 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 4{h Street SE, turn and follow 4th 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 wilf
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, S#orm 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 sanita .ry sewer
Resolution No. 4567
February 22, 2010
Page 15 ,
main. The two utilities will cross SR18 and the BNSF railroad tracks in separate
, casings.
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 eompleted
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 wiU 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 sanifary sewer relocation work.
The table below lists shared tasks, necessary for completing the design and
permitting of the COUNTY'S sanifary 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 Ci Share Share Coun Number
Consultant Management and Administration. $210,098 95% 5% $20,900 1521
Schedule Development
and Mana ement $8,849 67% 33% $2,950 15.2.2
Scope and Budget -
Mana ement $15,241 77% 23% $3,441 15.2.3
Monthly Progress
Re ortin and Invoicin $51,621 91 % 9% $4,425 15.2.4
Geotechnical Work $160,000 100% 0% $0 NA
Basema and Surve $95,623 92% 8% $7,866 15.3
Desi n Criteria Memo $4,425 0% 100% $4,425 45.4:1
30% Desi n and Plans $206,117 92% 8% $17,084 15.4.2
60% S.ubmittal $384,703 91 % 9% $33,185 15.4.3
90% Submittal $384,211 91 % 9% $32,694 15.4.4
1.00% Submittal $385,071 91 % 9% $33,554 15.4.5
Permittin $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
Budgef for the Relocation of County Sanitary Sewer for the M Street SE Grade
~ Separation Project.
1. The CITY will amend its agreement with CH2M Hill (CITY'S CONSULTANT) fo
,r
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 orthird parties; and other economic and operational factors that might
materially affect the ultimate project cost orschedule. 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 wilf be produced using MicroStation 20040 and will be submitted in
AutoCAD 2006 format, following CIIY 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 COUNT'Y. Unless otherwise directed by the COUNTY, the CITY will first prepare a draft version of the deliverable and submif it for 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 cevisions with the next planned submittal. The COUNTY will
provide a consolidated set of review comments to the CITY.
6. Unless othennrise noted, the CITY shall submif finio hardcopies, one bound and
one unbound, and 1 electronic PDF copy of all documents listed as deliverables.
7. 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 electconic 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 Streef 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 ofi
contract plans for the sanitary sewer work, but rafher 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 sanitarysewer 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 permits/easements. Th'e COUNTY will forward ifs permit applications for
BNSF and WSDOT fo the CITY. The CITY will transmit the COUNTY and CITY
crossing applications together with cover letters explaining that the CITY 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 #o 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 e-mail or FTP site.
20.The CONSULTANT will use WSDOI"/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 specifcation 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.
Desian 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 Aubum Publications:
Design Standards, Dated December 2004 as amended
Construction Standards, Dated: December 2003 as amended
City's Boiler Plate Standard Special Provisions for #fie 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 Highway"s and Sfreets {2004 ("Green Bookn)
- Any Ameriean Association of State Highway OfFcials policies applicable where
said policy is not in conflict with the sfandards 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
Projecfs
- 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, #he 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 Consu/tanf Managemenf 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 rnanage the CITY'S
CONSULTANT celated work. The CITY will coordinate and facilitate discussions,
meetings, and other communications between fhe 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 approyed 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 ptoposed. 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 Schedule 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, conyert 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:
Tab/e 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 CONSULTANT will prepare a criteria
memorandum fo communicate, document, and obtain concurrence for the 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 P/ans
The COUNTY has determined that replacement of the existing 18-inch sanifary
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 a near-uniform slope be maintained befinreen the points of
connection to the excising main. The CITY'S CONSULTANT will design the sanifary
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 french 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 sewer will 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
r.
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% Submiftal `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
field at the CITY or COUNTY.
The CITY'S CONSULTANT, will prepare the 60% plans to include all of the 30%
elementsplus demo plans, construction notes, elevations, stations, d'etails for the
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 fask.
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,l Electronic Word file set)
Resolution No. 4567
Fe6ruary 22, 2010
Page 24
15.4.5 100% Submittal The CITY'S CONSULTANT will address ail comments from the 90% submittal. Table
A identifies the sheet (ist for: this task. The CITY'S CONSULTANT will prepare the 100% plans, specifications, and proposaP package to include all elements required
for bidding and consfruction. ,
Deliverables:
, • Final Plans (1 4mil 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 easemenfs 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 environmentaP reView process to meet it's legal .
obligations as funding agency for for the sanitary sewer relocation.
15.6 Construction
Construction senrices are not included in this scope but may be added at a later
date. -
Resolution No. 4567
February 22, 2010
Page 25
i
INTERAGENCY AGREEMENT BETWEEN CITY OF AUBURN AND
KING COUNTY (WASTEWATER TREATMENT DIYISION)
FOR UTILITY RELOCATION ASSOCIATED WITH -
THE M STREET GRADE SEPARATION PROJECT
Attachment B_- Budqef
- - ,
Consultant Labor and $168,630
Ex enses
City Expenses, $15,000
Labor, and Benefits
Total $183,630
Resolution No. 4567
February 22, 2010
Page 26 .
. b.I,_~
INTERAGENCY AGREEMENT BETWEEN CITY OF AUBURN AND
KING COUNTY (WASTEWATER TREATMENT DIVISION)
. . FOI~_DESIG.N-.OF..,UTILIT-1F I~ELOCATION-ASSOCIATED W0TM...
fHf..M-3-TiZEE-T-3E GRABE-SfPARATION-PROJEC.T.._......_...__..____.......___......
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
VI/HEREAS, 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
WH.EREAS, 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 altematives, hereinafter referred to as °Feasibility
Study," was pertormed and it was determined that there is a mufual 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 sewet 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 mufually agreed as follows:
1. PURPOSE
The purpose of this Agreement is to set forth the mufual rights, responsibilities and
obligations,of the County and the City forthe design of the sanitary sewer relocation
described in Attachment A, whicli i's attached hereto and incorporated herein by this
reference. No separate legal entity is created by this Agreement.
February 22, 2010
Page 1 .
. . Il. DURATION-
_ . _ . . . . . . .
This Agreement shall become' effective immediately upon execution by all parties
and shall remain in effeet until the Project is complete and the County has paid the
City in full for the actual cost of the design of the sanitary sewec relocation, in
accordance with the payment provisions of Section V_ herein unless terminated.
sooner, as provided herein. The Parties anficipate 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 Cify shalF act as the lead agency for the Project and shall accomplish the
design of the sanitary sewer relocation described in Attacliments A and B, on behalf
, of the County in connec6on withthe 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 pcepare 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 identificafion of activities;
if any, that the County will pertorm; (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 Relocation Design VNork 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 specificafions for the Sanitary
Sewer Relocation Design Work rests with the City.
D. The City shall bill the County only for costs related to the Sanitary Sewer ,
Relocation Design V11ork incurred by the City, not to exceed $183;630 (the Maximum .
, Agreement Ceiling) as set forth in Attachment B, in accordance with the payment .
provisions of Section V of this Agreement.
February 22, 2010
Page 2
. . . . _ . _ . . _
_ IV: ........THE-COUNTY'S--RESPONSIBIL-tTlE3-
A, Subject to the Maximum Agreement Ceiling, the County shall be responsible
for the actual, specified cosfs 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 this Agreement.
B. The County shall make all reasonable efforts to cooperate with the City in
facilitating the Sanitary Sewer. Relocation Design Work as set forth in Attachment A,
and make necessa.ry 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 Relocafion Design Work in
accordance with the King County Charter and applicable law. Sfiould such an
appropriation not be approyed, then this Agreement shall terminate at the close of
the current appropriation year. The appropriation year ends on December 31 of each
year.
V. PAYMENT
A. Subject to the Maximum Agreement Ceiling, the County agrees to reimburse
the City for the actual cost of the Sanitary Sewer Retocation Design 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 Relocafion Design Work. Invqices
shall itemize the engineering consultant's payments applicable to the Sanitary Sewer
Relocation Design Work only: Invoices shall be documented to the reasonable
satisfacbon of the County and shall indude complete'invoiees 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. Payment by the County shall not constitute agreement as to the
appropriateness of any item oc acceptance of the work so represented. At the ame
February 22, 2010
Fage 3
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 Design 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 summaryof labor, overhead costs, fixed fee,
reimbursable costs, other allowable charges and the total amount due and will
inGude 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 fhereof, 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 oc entity. PROVIDED, HOWEVER, that the City's
obligation hereunder shall not extend to injury, sickness, death or damage caused by
or arising out ofi fhe 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.
B. The City will require its engineering consultants, contractors, subcontractors
and suppliers of any tier to defend, indemnify and hold harmless King County, its
February 22, 2010 .
Page 4
officers, officials; and employees from any and all claims, injuries, damages, losses
or suits including `attomey's fees and costs, arising out of or in connection with the
- -design and--developmeFlt-of-the Sanitar-y Sewer-.Relocation-Design Work except--for
in'r~ries-and-dama es caused-b tMe-sole ne li ence of-Kin Coun
1 9 Y 9 g 9 tY.
VII. TERMINATION
. Both parties have the right to terminate this agreement at any time for just cause by
providing written natice a minimum ofi 30 days in advanee of the effective termination
date. Upon notice of termination, the City shall provide the County with all work
products and data associated with in-process work for which it is seeking County
reimbursement under this agreement.
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 cFianged scope of work and the estimated change in the Sanitary
Sewer Relocation Design Wo.rk cost prior to the additional work being completed.
IX. INSURANCE
A. Prior to the commenceriment of design services for the Sanitary Sewer
Relocation Design UVork, 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 Senrices 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. -
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
February 22, 2010
Page 5
~
Insurance Services Office form number (CA 00 01 Ed. 12/90) covering
BUSINESS AUTO COVERAGE; symbol 1"any auto°; or the combination of
symbols..2r8,.and..9,
_ _ _
4. 1Norkers' Compensation. Statutory requirements of the State of
residency. Coverage shall be af least as broad as Workers' Compensation
coverage, as required by the Industrial Insurance Act of the State, of
Washington, as well as any simitar coverage required for this work by
, appiicable Federal or "other States° State l.aw.
5. Empioyer'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, #he 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 deducfible 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
responsibilify of the Consultanf. 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 addfionaf 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 ConsultanYs 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 ConsultanYs insurance shall apply separately to each
insured against whom a claim is made and/or lawsuit is brought, except
with respect to the limits ofi the insurers 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.
E: Professional Liability, EROrs and Omissions insurance may be placed with
insurers with a Bests' rabng of B+:VII. Any exception must be approved by the County.
February 22, 2010
. Page 6
F. If at any time of the foregoing policies shall be or become unsatisfactory to the
_ ...-County.;-as...to.foFm-or-substance-,-or-ifa-EOmpanyissuing--any=such-policy-shall-be..._
- - or-become-unsatisfacfory -to-the County; the-Consaltartt-shall;-upon-notice-to-thafi- - -
- effect from the County, promptly obtain a new policy, and shall submit the same
to the City with the appropriate certifieates and endorsements, for approval. ,
G. For work within the :BNSF right-of-way, the City represents that it and/or its
consultants have, at a minimum, the foilawing insurance (per BNSF permit.
requirements):
1. Commercial General Liability Insurance. This insurance shalf contain
broad form contractual liability with a combined 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#or, but not limited to, the following:
. Bodily Injury and Properiy Damage
• Personal Injury and Advertising Injury
• Fire legal liabifity ,
• Products and completed operations
2. Business Automobile Insurance. This insurance shall contain a
combined single limit of at least $1,000,000 per occuRence, and include
coverage, for, but not limited to the following:
` o 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 and/or its consultant's stafutory liability under the workers
compensation laws ofithe state(s) in which the work is to be performed. If
optional undec 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 lnsurance. This insurance shall name only
BNSF as the.lnsured with coverage of at least $2,000,000 per occurrence and
$6000,000 in the aggregate. The coverage obtained under this policy shall
only be effective during the initial soil boring and/or tes6ng. If further testing
and/or boring is needed at a later date, an additional Railroad Profective
Liability Insurance Policy shall be required. The policy shafl be issued on a
standard ISO foRn CG 00 3510 93 and include the following:
February 22, 2010
Page 7
• Endorsed to include the Pollution Exclusion Amendment (ISO form CG
28 31 1093)
Limitec-Seepage-and-RolMon-Endorsemen- t--:: . :
_ _ .--.--Errd~r~ed~tcTinclud~EvacuafioTrExpens~eoverag~Errdorserrr~nt. . _
• No other endorsements restricting coverage may be added.
• The original poticy 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 Liabifity Insurance Policy
(as allowed by the BNSF permit).
X. KING COUNTY'S RELATION TO CONSULTANT
Any consultants and/or subconsultants used by the City to 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
subconsultanfs 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 paysuch 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 RCV1), including but not limited to envirvnmental 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,
accgunts, documents or other data. pertaining to this Agreement shall be fumished
upon request. If any litigation, claim, or audit is commenced, the recorcis and
accounts along with supporting documentabon shall be retained by the City until all
litigation, claim or audit finding has been resolved even though such litigation, claim,
or audit may continue past'the six-year retention peribd.
February 22, 2010 ,
Page 8 '
XII. DISPUTE RESOLUTION
. _..A: .I n-#he-even#-the-Eity-aFld-the--Eounty -disagFee--over-...whether-the--Eonsulzant----- .
- has- fulfilied-its-obligations under-the -Sanitary--Sewer--Relocation-Design -Work-scope -
of work, the City reserves fhe right to make the fnal tlecision as #o 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 shatl 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 mediafor within ten days following notifcation of a dispute. The cand'idates
proposed shall be from Judicial Arbitration and Mediation Senrices (JAMS) or Judicial
Di"spufe 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 fve 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 bome equally between the Parties, each party paying
one-half of the cost. The mediator shall determ'ine reasonab(e procedures. ,
Testimony and briefing, if any, provided to the mediator shall be inadmissible in any
subsequenf court proceedings: 1f inediation fails to resolve the dispute, the Parties
may thereafter seek redress in court. Venue and jurisdiction shall lie with the King
County Superior Court in 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 pariy in cannection with this
Agreement will be acquired, held, and disposed of by that pariy in its discretion, and
other parties will have no joint or ather interest therein. Upon termination of this
Agreement, real and personal property acquired through this Agreement sha0 be
retained or disposed of in the manner provided by law. .
XIV. CHANGES AND MODIFICATiONS
Either party may requesf changes, amendments, or additions to any portion of this
Agreement; however, except as othervVise provided. in this Agreement, no such
change, amendment, or addition to any porfion of this Agreement shall be valid or February 22, 2010
Page 9
binding upon either party uniess it is in writing and executed by both parties. Ali 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 Deparfinent King Gounty Department of Natural
Jacob Sweefing, P.E. Resources and Parks
25 Wesf Main Street Wastewater7reatment Division
Aubum, WA Susan H►tdreth, P.E:
98001 Mailstop KSGNR-0509
201 Soufh 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 #o.the effective date.
For accounting purposes, the respective Federal Tax Identification Numbers are:
City of Auburn: 91-6001228 King County: 91-6001327
XVI. ENTIRE AGREEMEPIT
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 V1/ITNESS WHEREOF, the parties hereto have ezecuted this Agreement,
effective on the. latest date shown below. The signatories below 'represent and
waRant that they possess #he authority to execute this Agreement and bind their
respective entifies:
February 22, 2010
Page 10
CITY OF AUBURN KING COUNTY
1Nastew t r Treatment Division
~ . _
_ IGd~/o
By: ~ 2010 By._
Pefer Lewis ~ bate 'sti~ ~ D te
Mayor e Wa Treatment Division_
. Director ~
Fe6ruary 22, 2010
Page 11
INTERAGENCYAGREEMEIVT BETWEEN CITY OF AUBURN AND
KtIVG COUNTY (WASTEWATER TREATMENT DIVIStON)
__--------.----T-....----F0l~D€S16AI-OF=U'T-1N-T-Y-R€606AT10"SSOCIA.E-0 VIE~TW---
'fHE M..STREET 6RADEASEPARATION PROJECT - -
Attachment A- Scope of Wark for Desion, $urvev and Environmental Services ~
During the term of this AGREEMENT, the City of Aubum (CITY) shall pertorm '
professional senrices for King County (COUNTI) 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 inciudes project management, consultant
management, preliminary engineering, environmental dacumentation and permitting,
stakeholder coordination, final design (including plans, specifications, and
estimates), public involvement, bidding services, and construcfion inspection and
administration.
Proiect Description
The relocation of the existing County sanitary sewer for the M Street SE Grade
Separation wil) require the preparation of plans and specifcationsfor 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 6th Street SEto 3nd Street SE,
Effluent from the south will need to by-pass the decommissioned section via a new
sanitary sewer that will connecf to the existing main in M Street SE near 6t' Street
SE, tum and follow 6t' Street SE west to L Street SE, tum and follow L Street SE
north to the State Raute 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 4~' Street SE, tum and fo(low 4t' Street SE east to M Street SE,
turn and follow M Street SE north to a new connecfion to the existing main in M
Street SE near 3`d Street SE. The approximate length of the by-pass sewer route will
be 1700 feet.
Shared Tasks
The CITY is designing and consfivcting a separate storm "sewer main that affords the
decommissioning of its existing stoRn 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
February 22, 2010
Page 12
main. The two utitities will crossSR18 and the BNSF.,railroad tracks in separate
casings.
S1riwth-e-CQl7NTY'~a-nfWzevaeirr~aiWmiwaUo-n-ana-trrL-erTY'S-storm-s&mT-rnaW.--
reTocafi Ion viFfol1ow the same generaf alignment and fhey-are both being completed
for the M Street SE Grade Separation Project, it follows thafithey also share similac
design, permitting, and construction tasks. The budget for this scope of work has -
been adjusted to reflect the tasks that are either partiaily or completely shared with
.
the CITY'S storm relocation effort
The CITY and the COUNTY'acknowledge cost and schedule benefits fo 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 allocafe their costs fairly
between tasks preViously identified for the CITY's storm sewer relocation, and the
tasks established in this agreement for the design of 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 altocation of the costs befinreen
the CITY and the COUNTY:
Allocativn of Shared Costs for Storm
' and Sewer Relocation
Total Estimated County's
Estimated Estimated County Cost to Task
Shared Task Task Cost Ci Share Share Coun 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 $15 241 770/6 23% $3,441 15.2.3
Monthly Progress
Re ortin and Invoicin $51 621 91% 9% $4 425 15.2.4
Geofechnical Work $160 000 100% 0% $0 NA
Basema 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 n and 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 95.4.4
100% Submittal $385: 071 91% 9% $33,554 15.4.5
Permittin $111601 79% 21% $23,107 15.5
Construction (not
included _ 15.6
Total Cost to County $183,630
' February 22, 2010
Page 13
Assumations The following assumptions have been made in developing the Scope ofi Work and
. _
- -
Budge~or tfie..~t.ei
ocation of'County ~anifary $ewer~or ffiefilf~freef ~E_Grade _
Separation Project.
1. The CITY will amend its agreement with CH2M Hill (CITY'S CONSULTANT) for
design services for the M Sfreet 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 pHce 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 qualify of performance by operafing
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 waRanty thaf the actual project costs, finanaal 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 canstruction 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 C(TY to the COUNTY. Unless othenwise directed by the COUNTY, the
CITY will first prepare a draft version of the deliverable and submit it for 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 wifh the next planned submittal. The COUNTY wil)
provide a consolidatedset of review comments to the CITY.
6. Unless otherwise noted, the CITY shall submit two fiardcopies, one bound and
one unbound, and 1 electronic PDF copy of all documents listed as deliverables.
7. All _calculations, analyses, design, plans, speciflcations, 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 if with the project base map;
February 22, 2010
Page 14
~
10.The CONSULTANT will prepare and incorporate the COUNTY sanitary sewer
relocafion plans into the M Street SE Grade Sepa"ration project plans using the
C.IT1!--CAlmormafand_presentation_standards;-Upless-added_as...an..amendm.ent..to
this scope; the-EONSULTANT will `not-prepare a sepaFate (stand-alone) set of
contract plans for the sanifary sewer work, but rather wiil 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
surtace associated with the celocated sanitary sewer;
12. Existing borings and test pits previously conducted at L Street for the earlier
Feasibility Study are suffcient 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 exasting 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. Wastewatec flow rates will not be calculated by CONSULTANT;
15. The COUNTY will be the applicant for the BNSF and WSDOT crossing
permit5/easements for the Gounty's relocated sanitary sewer main; The
CONSUCTANT shall prepare and provide the documentation required to support
the permits/easements. The COUNTY will forward its permit applications for
BNSF and WBDOT to the CITY, The CITY will transmit the COUNl'Y and CITY
crossing applications fogethe"r with cover letters explaining that the CITY and
COUNTY applications are for ufility 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 conflrm side sewer locations that tlie
CONSULTANT will incorporate in the final design;
17. No permanently pumped service connections are assumed needed for the work;
18. Except Contracf Documents, all submittals shall first be made as drafts and
subsequently finalized per any review comrnents.
19. UNess otherwise indicated, all electronic submittals shall be in PDF format
supplied via e-mail or FTP site.
20.The CONSULTANT will use W$DOT/APWA Contract Specifications and CITY-
developed special provisions for the Contract Specifications. ,
21. The Sanitary Sewer Relocation Plans and Specif cations will be ineorporated 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 acquisifions are anticipated for the storm sewer orsanitary
sewer relocation.
Feb(uary 22, 2070.
Page 15
23. The City will conduct any community outreach regarding modifcation to existing ,
sidesewers and other aspects of the project, with support as needed from the County.
.
Desiqn 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 Aubum 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 Municipai Construction
(M 41-.10)
- Standard Plans for Road, Bridge, and Municipai Construction (M 21-01)
- Design Manual (M 22-01)
- Hydraulic Manual (M 23-03)
- Plans Preparation Manual (M 22-31)
- Amendments and Generat Special Provisions
- Standard Item Table
- WSDOT 2008 Highway Runoff Manual (31-16)
- WSDOT 2008 Environmentat Procedures Manual (M 31-11)
- WSDOT 2008 Traffic Manual (M 51-02)
- WSDOT 2008 Local Agency Guidelines (M 36-63)
- VV8DOT Bridge Design Manual
- WSDOT Right of Way Manual (M 26-01)
4. American Association of State Highway and Transportation Officials Publications:
- A Policy on Geomettic Design of Higfiways and $treets (2004 ("Green Boofc")
- Any American Association of Stafe Highway Offlcials poliaes applicable where
said policy is not in conflict witFi the standards of the Washington State
Department of Transportabon.
5. U.S. Department ofTransportation Publications`
- Manual on Uniform Traffic Control Devices for Streefs and Highways (current
ed ition)
6. Other Publications: -
- - National Electrical Code
- Book of American Society for Testing and Materials Standards
February 22, 2010
Page 16
- BNSF Raiiway - Union Pacific Railroad: Guidelines for Grade Separation
Projects
______-_..._BNS.F.:Raiiway=-JJtility-Accomrxwda#ion::.Policy_,Rev -May_2007_...
_
Obtaining WSDOT, AASHTO, USDOT, and other publications not listed as being
provided by the COUNTY or CITY shall be the CITY'S CONSULTANT'S
cesponsibility.
For administrative purposes, the task numbering for this scope of work starts at 15
because Tasks 1 thru 14 are included in the CITY'S original.scope of work with the
CITY'S CONSULTANT for the M Street SE Grade Separation Project. Task 15.1 is
included in the Feasibility 3tudy Agreement.
TA$K 15 KING COUNTY SANITARY SEWER_RELOCATION
15.2 Project Management -
15.2.1 Consulfant Management and Adm/n/strat/on
The CITY will develop, execute, and administer an agreement with :the CITY'S
CONSULTANT to perform the work indicated in this Scope of Work. l'he CITY will
lead the sanitary sewer relocation design effort s 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 3chedu/e Development and Management
The CITY'S CONSULTANT will prepare a baseline project schedule that
substantiates milestane dates. The baseline project schedule will serve as a guide
for scheduling the defailed work and will include a work breakdown structure (WB$)
that identifies the design activities, their connectivity with other activifies, 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 signficant changes to; the schedule are proposed. For budgeting
purposes, it is assumed that 12 schedule updates will be prepared.
February 22, 2010
Page 17
Deliverable(s): . . . _ .
• Baseline Schedule
• Updated Schedule with Each Invoice
15.2.3 Scope and Budget Management
The CITY will manage the project scope and budget. Signiflcant changes witl be
reported to the COUNTY as they occur and in monthly project management team
meetings and/or progress reports. This task wiii heip monitor scope and co5ts, and to
propose corrective actions.:Current financial stah.ts 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 Montftly Progress Reportfng and /nvoicing
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
Cify 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 qua(itatively describe tfie worlc accomplished during the bifling period,
including the status of individual tasks, meetings attended, subconsultant work and
action or information needed frotn the CITY. Progress reports will also indicate work
to be accomplistied during the next billing period. 6 monthly invoices and progress reports are assumed for the project. Deliverable(s):
0 6 Status reports on scope completion complete
0 6 Monthly Budget Forecasts - Estimate to Complete (ETC)
• 6 Monthly invoices 0 6 Monthly progress reports
• 6 Schedule updates (one electronic copy in PDF.)
February 22, 2010
Page 18
15.3 Base Map and Survey
- - - The _CITY'S CONSULTANT will use surveymappin1conducted and provided by Kin_9 ,
_ CQUnty,.remove.::r.e.duodant.elements previo.usly 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 ail 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 eosts for pertorming additonal 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 Deslgn
The CITY's CONSULTANT will develop and expand the project design using the
FeasibilityStudy and the preliminary layout prepared by the COUNTY. The design
submittals shall generally include the sheets as shown on the fable below:
;
Table A- Sheet List by Dlsclp/fne and Submjttals
30% 600/o, 90%, &
Submittal 100% Submittaf
Dcawing Title No. of Sheets No. of Sheets_^ Comments
General Sewer Notes 1
Sewer Plan and Profile 11 11
2 std detail shts; 2 -
Sewer Defails 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
February 22, 2010
Rage 19-
15.4.1 Desi5Criteria Memo
-n - - . - , . - . _
Before starting the design work, the Cf1'`S CONSULTANT iivi0 prepare a criteria
memorandum to communicate, document, and obtain concurrence for the expected
construction stand,ards. The memorandum will defne 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 heid at the CITY.
Deliverable(s):
Sewer relocation criteria mema
15.4.2 ' 30% Design and P/ans
The COUNTY has determined:that replacement of the existing 18-inch sanitary
sewer in M Street in the vicinity. of the BN$F 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 a near-uniform slope be maintained between the points of
connection to the exisfing 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 Iimifs: 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 sewer will be removed and
reaonnected to the relocated sanitary sewer (approximately 4). Additional stubs for
potentiaf future connections will be included (approximately 2). Additional new
connections may be required to accommodate project elements and will also be
included.
February 22, 2010
Page 20
Deliverables:
. _ ._~Q°l~_P1~[►.~_.(.4 f~~._si~e,~4 half size, Electronic. PDF and CAD. files)
_ . . . • 30% Opinion of Cost (2 hardcopies, Electronic Excel file)
15.4.3 60% Submittal
The GITY'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 for the
sanitary sewer relocation and surFace restorafion 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% Submi#al
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 conshuction. Table A identifies the sheet fist for this task.
Deliverables:
0 90% Plans (4 full size, 4 half size, Electronic PDF and CAD files)
• 90% Opinion of Cost (2 hardcopies, Elecfronic Excel file)
. 90% Draft Specifications (2 Hardcopy, 1 Electronic Word file set)
February 22, 2010
Page 21
15.4.5 100% Submitta/
The A ie.ntifiCITYe.'s. S .~he.sCOheei.li.st..foNSULTANTr. w thiill.s .tasaddress all comments from the_90°.submittal Table _
1009~ plans, specifcations, and prok..posal.The CITY'S _C.O.N.S.ULTANT inri.ll...pr.e.pare the . package to include all elements required
foc bidding and consfruction. Deliverables:
• FinaC Plans (1 4mil Mylar, Electronic PDF and CAD files)
e Final Opinion of Cost (2 hardcopies, Elsctronic Excel file) . Final Specifications and Proposal Package (2 Hardcopy, 1 Electronic Word
file set)
15.5 Permfttfng
The CITY'S CONSULTANT sfiall 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 sanitarysewer relocation with the CITY'S NEPA and SEPA permit
documentafion. The CITY shall modify the project APE, historic inventory, and other .
environmental documentatiort to address the sanitary sewer relocation. In addition, the
County will conduct an environmental review process to meet it's legal obligations as funding
agency for for the sanitary.sewer relocation.
15.6 Constructlon
Construction services are not included in this scope but may be added at a later
date.
February 22, 2010
Rage 22
INTERAGENCY AGREEMENT BETWEEN CITY OF AUBURN AND
_ KINC CQ.UNTY.(.ASTEWATER.:TREATMENT'.DIK1S14N)
FOR UTIUTY RELOCATION ASSOCIATED WITH THE M STREET GRADE $EPARATION PROJECT
Attachment B - Budoet ,
Consultant Labor and $168,630
" Ex enses
CityExpenses, $15,000
Labar, . and Benefits
Total $183 630 ,
February 22, 2010 `
Page 23
a . .
King COUffty
Wasfewater Treatmenf Division
• Department bf Natural Resources and Parks .
King Street Center Executed in 4 Counterparts
201 Soutfi.Tacksoa Sveet of which this is
Seattle, WA 98104-3855 Counterpart No.
AMENDMENT NO. 1 to INTERAGENCY AGREEMENT BETWEEN CITY OF
AUBURN AND KING COUNTY (WASTEWATER TREATMENT DIVISIONFOR
DESIGN OF UTILITY RELOCATION ASSOCIATED WITH THE M STREET SE
GRADE SEPARATION PROJECT
WHEREAS, King County ("Courity") has an agreement ("Agreement") with City of Aubum
("City"), executed on March 18, 2010 to provide design; survey and environmental services for
the utility relocation associated with the M street SE grade separation project ("Project"); and
WHEREAS, the parties wish to amend the Agreement for the purpose of extending the period of
performance;
NOW THEREFORE, in accordance with Section II of the Agreement, the parties agree to the
following modifications contained in this Amendment No. 1:
1. The period of performance is hereby extended to tlie 31" day of August 2011, unless
extended or terminated eazlier by the County pursuant to the terms and conditions of
this Agreement.
All other terms and conditions of the Agreement are to remai.n in full force and effect.
In witness whereof, the parties hereto have accepted:this Amendment No. 1, which will become
effective upon execution by the County. -
King County City o Aub
By: ~ By: . .
Sue Hildreth, Project Representa.tive
Wastewater Treatment Division Titlec GN.,.
DATE: ~ I D l~ DATE:
Page 1 Amendment No. 1.