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HomeMy WebLinkAbout4682 RESOLUTION NO. 4 6 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 11VASHINGTON, AOTHORIZING THE MAYOR TO EXECUTE AN INTERAGENCY AGREEMENT WITH KING COUNTY FOR THE PURPOSE OF CONSTRUCTING A RELOCATED KING COUNTY SANITARY SEWER LINE FOR THE M ST SE UNDERPASS PROJECT C201A WHEREAS, the City is the lead agency and is responsible for the planning, review, design, permitting, right-of-way acquisition and construction of the M Street SE Underpass Project, hereinafterreferred 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, there is a mutual benefit to the City and King County in having the City construct the relocated sanitary sewer main during construction of the M Street SE Underpass Project construction; and WHEREAS, King County is willing to compe�sate the City for its costs to construct the relocated sanitary sewer main. NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is tiePeby authorized to execute an Interagency AgreemenYwith King County for the purpose of constructing the relocation of a King County Sanitary Sewer line for the M St SE Underpass Separation Project, in Resolution No. 4682 Octoberl3, 2011 Page 1 substantial conformity with the agreement amendment attached hereto, marked as E�chibit"A" and incorporated herein by this reference.. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. V'y Dated and Signed this 7'� day of.�u-,�2011. CI BURN i R ER B. LEWIS MAl'012 ATTEST: ��� Danielle E:Daskam, City Clerk APP VED A TO FORM: Da . eid; City Attomey Resolution No.4682 October 13, 2011 Page 2 INTERAGENCY AGREEMENT BETWEEN.CITY OF AUBURN AND KING COUNTY(WASTEWATER TREATMENT DIVISION) FOR UTILITY RECOCATION CONSTRUCTION ASSOCIATED WITH THE M STREET GRADE SEPARATION PROJECT THIS AGREEMENT is made and entered into 6y and between King County, a politicai subdivision of the State of Washington, hereinafter referred to as the "County," and City of . Aubum, a municipal corporation of the Sfate of Wasfiington, .hereinafter referred to as the � � "City:° County and Cify may also be collectively referred#o as the "Parties." WHEREAS, the City has concluded that the re-gFading of M Street at SR18, hereinaiter referred to as the "Project," is necessa.ry in order to provide an acceptable level of traffic flow and road safety; and . WHEREAS, the City is the lead agency and is responsible for the planning, review, design, ` permitting,right-of-way acquisition and construction of the Project; and , WHEREAS, the County has an .18-inch sankary sewer line located in the public right-of-way in the vicinity of the Projecf; and WHEREAS, it will be necessary for the City to perForm extra measures, hereinafter referred to as the °Utility Work," to relocate the sanitary sewer �line and maintain the integrity of the County's sanitary sewer system during the course of the Project;and WHEREAS, the County desires that the Utility Vl/ork be perFormed and is willing to � compensate the City for its cost to perform the Utiiity Work;and WHEREAS, it is deemed to be in the best interest of the public to incorporate the Utility Work, as requested by the County, into the construction contract for the Project; and WHEREAS, the design of the Utilily Work is being completed as part of the design work for the Project, unaer a prior agreement between the City`and 4he County, resulting in plans and spec�cations for the Utility Work that are to be approved by the County, hereinafterreferred to as"Approyed 100°k Document_s"; NOW THEREFORE, it is mutually agreed as follows: 1. PURPOSE The purpose of this Agreement is to set forth the mutual rights; responsibilities and obligations _... of3he County and the City for the accomplishment of the Utility Work described in Exhibit A, which is attached hereto and incorporated herein by this reference. No separate legal entiry is created by this Agreement. . 1 2. DURATION This Agreement shall become effective immediately upon execution by all parties and shall remain in effect until the Project is complete and the Gounty has paid the City in fulf for the actual cost of the'Utility Work, in accordance with the payment provisions of Section V herein unless terminated sooner, as provided herein. The Parties anticipate the Utility Work will be completedby March 31, 2014. " 3. THE CITY'S RESPONSIBILITIES 3.1. The City has completed the environmental review required under the State Environmental Policy Act for the Project and the Utility Work. ' 3.2. The City shall act as the lead agency for the Project and shall accomplish the Utility 1Nork described 'in Exhibits'A and B on 6ehalf of the Courrty in connection with the Project. The City ptuject,manager shall act as the administrator of,this cooperative undertaking. The � City shall be responsible for compliance with the following County design standards, during the constivction pfiases of the Project, except as indicated in the Approved 100% DocumeMs ' or as otherwise approved in writing by the County: 3.2.1. Washington State Department of Ecology, Criteria for Sewage Works Design, December 2008. a. Minimum slope for 18-inch sanitary sewer, 0.0012 fUft b. . Maximum spacing,befinreen sanitary sewermanholes is 500 feet. Other requirements 3:2:2 Video sewer prior to placing in service.. 3.2.3. Sewer vuhere installed in casing shall be supported to maintain grade and _ � prevent sags. 3.2.4. Side sewer connections shall be made to the City's lateral sewers (and not to the relocated trunk sewer), except wliere shown on the Approved 100%0 Documents. . 3.2.8: Access to casing, and manholes will be made available via the previously secured easements and right of way as shown in the Approved 100% Documents. 3:3. The City shall do ail otthe following: ' 3.3�1. prepare and finalize the construction contract documentsfor the Utility Work; 3.3,2. publicly bid the Project; in accordance witH the City's public contracting procedures, requiring in the bid form a separate bid line item for the Utility Work, except for bid items for which the UtilRy Work is shared with other project work; , 3.3:3. ,award the Project contract to the lowest responsible, responsive bidder based on the lowest overall' bid'price:.The successful, selected bidder shall be referred to below as the "Contractor;° 3.3.4. administer the Proje"ct contract, including accounting and payment to the • Contractor and construction management consultant(s) ("ConsultanY'); 3.3.5. prepare a constniction manual that defines roles and responsibilities of the City, King County, Contractor, and Consultant during construction. The construction manual � will define communication protocols, specific' expectations for inspec4ion, ' 2`. administration; and management, and will be reviewed and edited for consensus approval, by the Ciry, King County, and the Consultant prior to the start of construction. If consensus approval' cannot be reached between King County and the City, the Dispute Resolution process described in Section 12 shallbe followed; 3:3.6. maintain the Project rscords; 3.3:7. arrange a preconstrucfion conference with the Contractor after awarding the - contract and invite King County to attend and participate in such conference; 3.3.8. provide ail inspection, construction monitoring, testing, construction engineering, management, and aiiministration required to compiete the Utility VVork; 3.3.9. receive aII submittals, requests for infortnation, design clarifications, change orders, and substitution �equests from the Contractor, route as appropriate to King County for review and comment, and transmit comments to the Contractor; and ' 3.3.10. complete the Utility Work in accordance with the Approved 100% Documents by March 31, 2013. 3.4. The Parties agree that the Project and Utility Work shall be bid, contracted for and constructed. in accordance with, State and local law applicable to ihe City public works projects. Any contract issued.for the construction of the Project and Utility.Work shall comply with all, public works and procurement laws and regulations applicable to the City, including, , but not limited to, applicabie pertormance and payment bortd, prevailing wage, nondiscrimination, retainage, insu"rance, and workers compensation requirements. The City shall make this Agreemerrt available to prospective bidders for the construction of the Project. The City shall provide the County with a copy of the bid documents from the successful biddec � 3.5. . The City will provide County with copies of or electronic access to a) submittals and requests ior infortnation ("RFI's") from the Contractor related to the Utility Work; b) submittal and RFI resporises from the City to the Contractor; c) weekly ,schedule updates from the ContracEor, d) minutes of ineetings with the Contractor during periods the Utility Work is being � performed; e). construction photog�aphs related to the Utiiity Work; � reguests for change orders-related to the Utility Work; g) notices from the Contractor related to the Utility Work; h) daily inspection reports; any Utility Work design document updates issued to prospective bidders o� the Contractor, including CAD files. These items will be provided within two j2) working days of their receipt or generation by the City. 3.6 The City shall obtain the pertnits,and approvals�f�om all applicable goqemment bodies necessary for the construction of the Utility Work. King County shall have the right to review and approve any permit conditions affecting the Utility Work or King County property. Prior to executing any permit affecting tfie Utility Work or King County property„ the City will provide . the'permit conditions to King. County for review and revision or approval. The Ciry will not execute any permit affecting tFie,Utility iNork or King County property wfthout King County 'approvai of fhe permit conditions. 3 3.7 The City shall obtain any necessary temporary and/or permanent easements for the construction of the Utility Work. King County shall have the right to review and approve any easement conditions affecting Utility Work or King County property. 3.8. Upon Acceptance of the Utility Work (as defined in the Project construction contract documents), the City shall assign all contractorlequipment warranties related to the Utility Work to King County so that King County can enforce them. 3.9. The County reserves the right to review and reject any plans and specifications developed by the City for Utility Work activities not in compliance with the County's standards that were not included in the Approved 100% Documents. Prior to implementing any plans or specifications that were not included in the Approved 100°� Documents, the City will provide the plans or specifications to King County for review and revision or approval. The City will not impiement any plans or specifications not included in the Approved 100% Documents without King County approval. Uitimate responsibility for accuracy and completeness of the City's plans for the Utility Work rests with the City. 3.10. The City, acting for and on behalf of the County, shall provide construction engineering and inspection of the Utility Work based upon plans and specifications reviewed and approved by the County and sound engineering practice. The City will provide copies to the County of all daily inspection reports for work involving the County's facilities on a weekly basis. Inspection of construction activities by the City shall not constitute a•guarantee or warranty of the adequacy of perFormance. The City shall allow reasonable access to the Utility Work by County personnel, should the County elect to supplement the City's inspection senrices. 3.11. The City shall bill the County for costs related to the Utility Work incurred by the City and/or the Consultant(s) and Contractor(s) in accordance with the payment provisions of Section 5 of this Agreement. 3.12. The City shall initiate and coordinate final inspection and the follow through with completion of items listed on the County's punch list wfth the Contractor. 3.13. The City shall provide the County with a set of"as-built" drawings of all Utility Work for the County's permanent records, within six (6) months of the final acceptance of the Utility Work. As-built drawings to be submitted shall include a full size red-lined plan set and a scanned drawing set in PDF format on CD. As-buiRs may be sent to the the County address noted in sectionl5 of the Agreement (Notices). 3.14. Upon completion of the Utility Work, the City will transfer ownership to the County, without further charge or expense and by Bill of Sale with warranty of title, all of the facilities comprising the Utility Work and shali assign to King County any permits and easements issued to the City for such facilities at no charge. 3.15. Any obligations of the City beyond the current fiscai year are subject to local legislative appropriation of funds for the specific purpose of funding this Project in accordance with ordinances of the City and applicable law. 4 4. THE COUNTY'S RESPONSIBILITIES 4.1. The County shall be responsible for the actual costs of construction engineering, construction labor, inspection;and contract administration related to the Utility Work, and shall � reimburse the City for such costs in accordance with the terms of Section V of this Agreement. 42. The Coun#y shall make all reasonabie efforts to cooperate with the Project � Consultant(s) and Contrador(s) in facilitating the Utility 1Nork as set forth in Exhibit A, and make necessary personnel available so as to not delay the Contractor's construction schedule. 4.3. The County shall, within twenty-one (21) calendar days after notification of completion of tlie Utility Work, issuewritten notification to the City of any deficiencies or of acceptance of the, work performed on behalf of the County: The City's Contractor shall correct any deficiencies. If, after the twenty-one (21 j day period;not�cation has not been received by the City, from the County, then the Utility Work shall be considered complete and acceptetl by the Coun4y. , � 4.4. The County may, if it desires, .furnish an inspector for the Utility Work. Any costs for such inspection will be bome solely by the County. All contact between said inspector and the City's Contractor shall be through the the City's on-site representative who shall be identified at the preconstruction conference. 4.5: Any obligations of the County beyond the "current fiscal year are subjed to and cor�tingent upon the appropriation of funds by the King County Council for the specific purpose of funding the Utiiity Work in accordance with the ICing Courrty Charter and applicable law. ' . Should such an appropriation not be approved, then this Agreement shatl terminate at the • close of the current appropriation year and King County will be responsible for completing any � unfinished Utility Work The appropriation year ends on December 31 of each year. 4'.6. County shall not be required to:relocate, modify or adjust, at County expense, the Utility Work constructed pursuant to this Agreement, to aocommodate the City's widening or improVement (except adjustments required.for routine maintenance and preservation such as � � adjusting manhole lids) of L Street SE, 6th Street SE oi 4th Street SE for a period of ten (10) years after#he Utility Work is accepted by the County. 5.- . PAYMENT 5:1. The County agrees to reimburse tFie City for tfie actual cost of the Utility Work without mark-up of any kind. The City's estimate of costs is shown in. Exhibit B, Preliminary Cost Summary, which is attached hereto and incorporated herein by this reference. 5:2. The City shall provide the C_ounty monthly with properly executed invoices showing expenditures during the previous month on the Utility Work. Invoices shall be based on and itemize the Consultant`s payments applicable to the Utility Work and ContractoPs payments, equipment, materials and labor expeniied on the Utility 1Nork, as described in Section 5.3 below. Invoices shalP be documented_ta the reasonable satisfaction of the County. Properly documented invoices shall be :paid :6y tFie County within sixty (60) days of receipt by the County. Notice of.any potential dispute:regarding such payment requesY shall be,made in . writing within the same time period. Payment by the County shall not constitu4e agreement as 5 to the appropriateness of any item or acceptance of the work so. represeMed. At the time of final audit, aIl required adjustmen4s related to any potential dispute for which notice has been timely gi4en shall be made and reflected in a final payment. 5.3. The County shall pay the City for the following costs: 5:3.1. The finaf cost (without any mark-up for City administrative costs).of all contract items rela4etl to the Utitity Work, as shown in Schedule B of the bid proposai of.the successful bidder, and the proportions of the bid amounts in _ Schedules A, C and D that are attributable to the Utility Work as estimated in EichibitB; and b.3:2. Actual costs of-City ezpenditures for construction engineering, inspection, administration and management attributable 4o the Utility Work, as es4imated in Exhibit B. Costs for City staff shall include labor only and exclude mark-up of any kind. Consultanf costs: shall include the ConsultanYs labor, overhead, and fee; and . 5.3.4 The cost of any exEra work associated with ihe Utility Work within the amount of the"Contingency"as shown in Exhibit B, and any costs for extra work that have been approved in accordance with Section 8. 5.4: Invoices will provide a summary of labor, equipment, materials, benefits and overhead, other 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 appiicable iabor rates. - . 5.5: Upon completion of the Project, the City shall conduct a final audit of the.Project in - accordance with standards of the V1/ashington State Deparfinent of Transportation: At the - time of the final audi4, all adjustments required shall be made and sHall be reflected in a final billing tottie County.. Within thirty (30) days of receipt,of the audit and final 6illing, the County shap notify the City in writing of any objections to the audit and/or billing. If no objections are timely filed, the County shall make fnal payment to the Cify and such final payment shall constitute an acceptance by the Caunty of the City's costs and accounting. . 6. HOLD HARMLESS AND INDEMNIFICATION 6:1. The City shall hold harmless, indemnify and defend the County, its officers, appointed and elected offcials, 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 attomey's fees in defense thereof,foc injury, sickness; disability ordeath to persons ordamage to property or business, caused by or arising ou4 of 4he Project and/or services performed under this Agreement; whether arising before, during or after completion of the Project or serv'ices and whether suffered by the City, its_ofFciais, employees and/or agents or any other person orentity: .PROVIDEQ,.HOWEVER, that the City's obligation hereundershalf not extend to injury, sickness, death or damage caused by or arising out of-the sole negligence of the County, its o�cers, elected and appointed officials, employees o�agents; the City expressly and specificaliy ag�ees that its obligatioris under this parag�aph e�end to any claim, action, suit, liability, loss, expens.e, damage,and/orjudgmerrt tirought.by or on . , behalf of any of fts appointed or elected o�cials, employees or agents. For this purpose, the City, hereby expressly and spec'ificailyuyaives, with respecY4othe Courrty oniy, any irnmunity 6 that would;othervvise be availabte against such claims under the IndustriaF Insurance . provisians of Title 51 RCW. ' ' 6.2. The City will require its consultants, Contractor,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 attomey's fees and costs, arising out of or in connection with the design, development and consfruction ofthe Utility Work and Project except for injuries and damages caused by the sole negligence of King County. 7. TERMINATION 7:1. The City has the right to terminate this Agreement by providing virritten notice to the County if the City detertnines not to undertake the Project or to discontinue the Project, in which case the County shall only be responsible for costs authorized undeP Section 5.3 herein incurred by the City prior to the City's notice of termination. 7.2. The County has the right to terminate this Agreement 6y providing written notice to the City prior to the award of the construction coMract, in which case the County shall be responsible only for those costs authorized under Section 5.3 incurred by fhe City in executing - the necessary coMract changes to delete the Utility Work. 7.3. After award of the construction contrad by the City, the County may terminate this i�qreement only upon thirty (30) days' prior written notice to the City. In that event, the County shali be �esponsible for all costs authorized under Se"ction 5:3 incurred by the City and all bona fide costs claimed by the Corrtractor in perForming the Utility Work up to and including ttie date of termination and in deleting the Utility Work from the Project. 8. EXTRA WORK There may be unforeseen.conditions requiring immediate resolution during the construction phase of the Project such as construction disputes. and claims, changed conditions and changes in the construction work. ReimbursemeM for increased construction engineering and/o�construction contract amounts for the Utility Wo�k shall be limited to costs covered by a modification, change ordec or extra work order approved as follows: - 8.1. Should it be determined tliat a change to the Project plans and specifications is required for the Utility Work, the Gity, through its project manager, shall notify the County at least tFiree (3) working days prior to. commencing•work on 4he changed work. 8hould tfie County determine that a change to the Project plans and specifications is required for some element of the Utility Work; the County shall notify the City prior to the Contractor commencing worK on that element. The City will instruat the Contractor to make reasonable changes requested by the County. If a request for a cF9ange to an element of the Utility Work is received from 4he County aftecthe Contractor has commenced work on that element, the City will evaluate reasonable requests on a case by case basis and instruct the contractor to incorporate changes at its discretion, 8.2. Any change in the Utility Work; which would cause the "Total .CosY' to exceed the amounYshown in Exhibit B will reguire a binding Letter of Agreement, signetl by both the City - Mayor or his/her designee and the County Wastewater�Treatment Division Director or fiis/her 7 designee, describing the changed scope of work and the estimated change in the Utility Work • cost. 8.3. In the event of a claim by the Contractor(s), each party shali be responsible for its proportionate share based on its proportionate responsibility for the claim, PROVIDED THAT nothing in this Agreemerit shall be construed to make the County responsible for a Contractor(s) claim, to the extent that it is caused by the actions, inactions or responsibilities of the City and/or its agents, employees or consultants, including the Consultant . 9. INSURANCE 9.1. Prior to commencement of construction of the Project, the City shall cause the Contractor to maintain the following insurance coverages and provide the County with evidence thereof: 9.1.1. General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 Ed. 11-88 covering COMMERCIAL GENERAL LIABILITY. $5,000,000 combined single limit per occurrence, and for those policies with aggregate limits, a $5,000,000 aggregate limit. Excess/Umbrella Liability coverage may be provided to satisfy the required limits. 9.1.2. Automobile Liability. 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. $5,000,000 combined single limit per accident. Excess/Umbrella Liability coverage may be provided to satisfy the required limits. 9.1.3. Workers' Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or"other States" State Law. 9.1.4. Employer's Liability or"Stop Gap". Coverage shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. Limit: $ 1,000,000. 9.2. The City shall cause the insurance to be maintained until acceptance of the Project or for such longer time as required by the City's contract with the Contractor. 9.3. The City shall cause the Contractor(s)to name King County as an additional insured under Commercial General Liability and Business Automobile Liability Insurance with respect to primary and non-contributory limits in accordance with a standard separation of insureds clause, and the County shall be provided not less than 45 days prior written notice of cancellation (10 days with respect to cancellation for non-payment of premium) per RCW 48.18.290. 9.4. All insurers shall either be licensed to conduct business in the State of Washington and rated A-:VII in the A.M. BesYs Key Rating Guide or filed as a surplus lines placement by an 8 authorized Washington State Surplus Lines Insurance Broker. Any form of self-insured retentions in excess of$25,000 shall be disclosed and are subject to approval by the County. 9.5. Prior to commencement of the Project, as documentation of insurance as required hereunder, the City shall cause the Contractor(s) to provide certificates of insurance with copies of the actual additional insured policy endorsements or blanket additional insured wording stating that the County is an additional insured. All insurance documentation shall be delivered to: King County Risk Management Section 10. KING COUNTY'S RELATION TO CONTRACTOR With respect to the Utility Work only, the City shall cause the contract between the City and the Contractor to state that for purposes of the construction of the Utility Work, the County is a third-party beneficiary of the contract including without limitation its indemnification provisions, and that all of the Contractor's representations, warranties and guarantees and those of the Contractor's suppiiers of material used in the Utility Work run to and benefit the County. Other than as stated in this paragraph with respect to the Contractor, the Parties do not intend that this paragraph be interpreted to create any obligation or liability or promise of pertormance to any third party, other than the Parties, for purposes of construction of the Utility Work. The City agrees that the contract between the City and the Contractor shall (i) state expiicitly that, with 2spect to the Project, King County is a third party beneficiary of such contract and (ii) require the insurance described in section 9 herein. The City represents that it will give a copy of this Agreement to the Contractor. 71 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 documerits 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 RCW), including but not limited to ernironmental analyses, geo-technical reports, engineers estimates, bid tabulations, contractor submittals, and contract payment records relating to the Project or Project Site. 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 the Project available for inspection and audit by the State and copies of all 2cords, accounts, documents or other data pertaining to the Project shall be furnished upon request. If any litigation, claim, or audit is commenced, the recards and accounts along with supporting documentation 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 period. 12. DISPUTE RESOLUTION 12.1. In the event the City and the County disagree over whether the Contractor has fulfiiled its obligations under the Utility Work scope of work, the City reserves the right to make the final decision as to the acceptability of the work. If a dispute arises between the County and the City, the parties agree that they will attempt to resolve the issue through mutual . 9 negotiatiort. In the event that the Parties are not able to reach an agreemenf through, such negotiation the Parties agree to engage in mediation in order to resblve the clispute. Me_diation may,be reguested by either party, and shall be attempted prior to the institution of any 'lawsuit arising under this Agreement. Each party shall designate, in writing, not more than three candidates it proposes to act as a non-binding mediatoc within ten days following notifcation of a dispute. The candidates proposed_ shall be from Judi'cial Arbitration and Mediation Services (JAMS) or Judicial Dispute Resoiution (JDR) or shall be a 'neutral, independent and recognized expert im the field in which the dispute arises. If the Parties cannot agree on one of the mecliators from fhe combined Iist within fve days, then the Parties , shall;promptly meet and select a.mediator by biind draw. Upon selection of the mediator, the � .Partie.s shall within 30 days, or as soon thereafter as possible, meet and engage in,a mediation of the dispute with the assistance of the media4oc The cost for the mediation services shall be borne equally between the Parties; each party paying one-half of the cost. Tfie mediator shall determine reasonable procedures. Testimony and briefing, if any, provided to the me,diator shall be inadmissible in any subsequent court proceedings. If mediation fails to resolve the dispute, the Parties may thereafter seek redress in court. Venue and,jurisdiction shall lie with the King County Superio�Court in Seattle, Washington. 12.2. This P�qreement has been made pursuant to, and'shall be construed according to, the laws of the State of Washington. 13. PROPERTY Any real o�personal property acquired or used by any party in connection with this Agreement - will be acquired, held, and disposed of. by that party in 'its discretion, and other parties will have no joint or other interest therein. Upon termination of this Agreement, real and personal propeRy, acquired through this Agreement shall be retained or disposed of in the mariner provided by law. 14. CHANGES AND MODIFICATIONS Either party may reguest changes, amendments, or additions to any portion of this Ag�eement; 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 eitfier party unless it is in writing and executed by both paRies. AII such changes shall be made part of.thi§Agreement. 15. NOTICES Unless othervuise directed in writing; notices, reports and payments shall be delivered to each party es follows: . City of Aubum King County Public Works Department King County Department of Natural Jacob Sweeting, P.E. . ResourCesand Parks 25 Wesf Main Sheet Wasfewater Treatment Division Auburn, WA • Susan Hildreth, P.E. 98001 Maifstop KSGNR-0509 201 Soiith Jackson Street Seattle, Washington 981043855 . . �o Notices mailed by either qa_rry shall be deemed effectiqe on the date maiied. Either party may - change its address for receipt of reports, notices, or payments by giving the other written notice of not Iess than five (5)days prior to the effective date. � For accounting purposes, the respective Federal Tax Identifcation Numbers are: City of Aubum: 91�001228 King County: 91-6001327 16. ENTIRE AGREEMENT Thesg provisions represent the entire and integrated agreement of the parties and may not be . _ .. mod�ed or amendeii except as provided herein. Any understanding, whe4her oral or written, which is nof incorporated herein is expressly excluded. IN WITNESS WHEREOF;the parties hereto have executed this Agreement, effective on the latest date:shown below. She signatories below �epresent and warraM that they possessthe authority to execute this Agreement and bind their respective entities. C BURN KING 60UNTY Wastewate nt Division . _ � gy: � - �� 9n gy ( - L - �l Pe e tewis � ate E _rdo Date Mayor WastewaterTreatment Division Director , , 11 IXHIBR A _ � K1NG COUNTY WASTEWATER TREATAhENT DIVISION. UTILITY WORK ASSOCIATED WITH THE M STREET GRADE SEPARATION FROJECT Utilitv Work Descriation Relocation of the existing 18" King County Sewer Main and.appurtenances in M Street SE, Au6urn, 1Nashington between 6'" 5treet SE and 3`° Street SE as required.to construction the M Street SE Gra`de Separation Pro�ect. The relocated alignment will follow M Street SE to 6"' Sfreet SE to L Street SE, to 4 .SUeet SE to M Street SE, and will be lowered to accommodate the lowered streets: The work includes approximately 1,750 feet of new sewer main construction, 280 feet of bored pipe and casing beneatti SR78 and the BNSF right-of-way, 9 new manholes, trenching and roadway restoration, traffic con4rol, by-pass pumping, erosion control, construction � adminisfraUon and managerrierrt, and all other constniction related work necessary to _ completeihe relocation. . A 1 EXHIBIT B KING COUNTY WASTEWATER TREATMENT DIVISION UTIUTY WORK ASSOCIATED WITH THE M STREET GRADE SEPARATION PROJECT Preliminarv Cost Summarv Work Element Estimate Kina Ci of Kina Countv Coun °/a Au6um % Cost ConstructionCorrtract- $1,046,000 100% 0% $1,046,000 Construction of relocation King County sewer main, manholes, and a urtenances Utiii Work Construction Contract— $13,838,400 0% 100% $0 Constniction of City of Aubum M Street Grade Se aration Consuftant—Construction . $1,800,000 ' 7.65°k 92.35% $137,700 Managemerrt, Inspection, Administration arid Surve City af Aubum—Construction $200,000 7.65% 92.35$ $15,300 Maria ement Administration Construction Contingency for Utility $100,000 100% 0% $100,000 Work �10% Total 1 299 400 B._1 . . :�