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AG 13-124 - LAKEHAVEN UTILITY DISTRICTRETURN TO: ° Y��`^'`�- � EXT: � %p� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT/DIV: PUBLIC WORKS/ 5'i-'('e�-t S 2. 4. 5. 6. ORIGINATING STAFF PERSON: 2� n � �S EXT: �^ 3. DATE REQ. BY: ,ok+�n �/riw-[lcty TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT �E.G., RFB, RFP, RFQ� o PUBL[C WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICEAGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#�: ❑ INTERLOCAL �THER �--a ICe �ocuCri �., � � Q � PROJECI'NAME: Z��fi �}v,� S� ot� S��3 [n�� S'{� .�w�C,'FSC��fO�v ri—t^-�O i0�ute�-t� SIGNATURE NAME: �0 (� w�P9 c� wcu �t TELEPHONE: �S3— ��-ICn—S`l�l F.vc: TITLE: G�ca-t e ra I�'� a uaqC r 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT COMPLETION DATE: I�/� 9. TOTAL COMPENSATION: $��@ �IX �� t S fe i� WurSt KR "i�"� e C�T� � � J INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES J�NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES �NO IF YES, $ PAID BY: ❑ CONTRACTOR O CITY o PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEW � PROJECT MANAGER � DEPUTY DIRECTOR ❑`DIRECTOR ❑ RISK MANAGEMENT �IF APPLICABLE� �L,AW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE� . 7.!I�ii� , _, �� �C �� INI L / DATE PPROVED �1 � Z�/3 13 �� b� COMMITTEE APPROVAL DATE: � I� COUNCILAPPROVAL DATE: ,/ � 12. CONTRACT SIGNATURE ROUTING � � ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ���I I-3 DATE REC'D: � � ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS � LAW DEPT �SIGNATORY (MAYOR OR DIRECTOR� � CITY CLERK ❑ ASSIGNEDAG# �L] SIGNED COPY RETURNED '�\� ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL ATE SIGNED ��- 3' �3 AV71 � DATE SENT: 11/9 � Return to: City of Federal Way 33325 8`h Avenue S Federal Way, WA 98003-6325 Attn: John Mulkey INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE 21ST AVENUE SW AT SW 336T" STREET INTERSECTION IMPORVEMENTS PROJECT THIS AGREEMENT is made and entered into this � day of , 2013, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the 21St Avenue SW at SW 336th Street Intersection Improvements Project(hereinafter "Project"}; and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, the City has designed the Project storm sewer system to 100%; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District is required to relocate certain water facilities such as 8" diameter and 12" diameter water mains to resolve any waterline/storm sewer conflicts within the Project area; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perForm certain services for the District, including revising the design of certain portions of the project storm sewer system to resolve conflicts with the District's waterline facilities, as described in Exhibits A and A-1 (hereinafter "Redesign"), and reimbursing the City for the construction cost differential for the revised storm sewer system as described in Exhibit B. The total cost of this agreement, including construction management and project administration is described in Exhibit C. 21St Ave SW at SW 336`h St Page 1 March 2013 Intersection Improvements � NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: REDESIGN. The District agrees that the City's design contractor, CH2M Hill, shall perForm redesign work of the storm sewer system to avoid conflicts with District water mains at the locations identified in Exhibit A for the Project. The District shall reimburse the City for the Redesign. The District shall review the revised storm sewer design for assurance of conflict resolution. Review comments, if any, shall not cause delay to the advertisement of the Project. II. CONSTRUCTION COST DIFFERENTIAL. Following opening of construction bids on the Project, THE City shall update Exhibit B to reflect actual bid unit prices received. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. Final costs billed to the District will be based on actual field measurements. III. CONTRACT ADMINISTRATION. The City shall provide the necessary administrative, construction observation, and clerica� services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform allthe duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in perForming the Redesign, the construction cost differential, and the District's cost of the City services described in Paragraph III herein, and as described in Exhibit C. B. All payments shall be due from the District to the City within thirty (30) days after approvaf by the District's General Manager or his/her designee of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities 215t Ave SW at SW 336`h St Page 2 March 2013 Intersection Improvements (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent causedby the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration ortermination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until the City Council accepts the completion of the project. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibilityforthe roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereta B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City accepts the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essentia! to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agreethatthe work, as set forth herein, will be perFormed by the City under the terms of this Agreement. 215� Ave SW at SW 336th St Page 3 March 2013 Intersection Improvements IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY � Skip Priest, ayor 33325 8th Avenue South Federal Way, WA 9800�6325 (253) 835-2410 APPROVED AS TO FORM: Patricia A. Richardson, City Atto ey ATTEST: � Carol McNeilly, CMC, ity Clerk DISTRICT John �owman, General Manager 3] 62 1 st Avenue South PO B 4249 Feder�l Way, WA 9806�4249 (253) 946-5401 APPROVED AS TO FORM: Genera Counsel, St v H. Pritchett 215f Ave SW at SW 336"' St Page 4 March 2013 Intersection Improvements Exhibit A City of Federal Way 215t Ave SW @ SW 336`n St/SW Campus Dr Intersection Improvement Project CH2M HILL, Inc. Scope of Work Amendment #2 Description: The City has directed the Consultant to revise the design of the proposed storm drain system to avoid conflicts with Lakehaven Utility District water mains. Conflicts between the storm drain system and the existing water mains were confirmed after receipt of pothole data just prior to completion of �the 100% plan set at the following nine (9) approximate locations. E' e ie{�i€fe�el� B 210+80 RT, 12"W A 338+00 LT, 12"W A 339+10 LT, 12"W A 339+20 LT, 12"W C 400+55 LT, 8" W A 339+50 LT, 12"W A 341 +25 LT, 12"W A 342+30 LT, 8"W A 343+95 LT, 12"W In addition the City has directed the Consultant to revise the design of the proposed water quality vau{t and associated piping east of 19th Ave SW. The purpose of the redesign is to avoid the relocation of the existing water mains within the location of the proposed vault. The vault is to be placed against the right of way, centered between the Lakehaven Utility District (LUD) sanitary sewer line and the City 36" storm sewer line. The required 5 feet of working space outside of the right of way will thus be provided by the existing sanitary sewer and storm sewer easements. If there is insufficient clearance of the sanitary sewer in this configuration, then the vault may be rotated 90 degrees and shifted all or part into the existing drainage easement, with thewest vault wall abutted against the west drainage easement line. The sanitary sewer easement will provide the 5 feet of working space west of the drainage easement. Scope: The Consultant will modify the current storm system design to avoid conflicts with the existing waterlines. Modifications may include lowering or elevating thestorm drain main line, lowering or elevating the lateral lines, or a combination of both. In some instances catch basins currently designed as Type 1 will need to be upsized to a Type 2 structure to accommodate the deeper pipe runs, upsizing pipe or changing the pipe material may be needed. The following are the anticipated adjustments to be designed: 21 S` Ave SW at SW 336'h St Page 5 March 2013 Intersection Improvements Exhibit A Location, Facilit Pro osed Ad'ustment B 210+80 RT, 12" W Ad'ust mainline storm drain rofile u. A 338+00 LT, 12" W Adjust lateral and mainline profiles down. Deepen proposed structure and upsize catch basins to T e 2, as needed. A 339+10 LT, 12" W Delete Structure and reroute wall drain to nearest catch basin to the east A 339+20 LT, 12" W Ad'ust mainline rofile down. C 400+55 LT, 8" W A 339+50 LT, 12" W Adjust lateral profile up. Change pipe material from concrete to ductile iron. A 341+25 LT, 12" W Adjust mainline profile down. Relocated the storm main to the roadway, add an inlet at the curb and tie to the main trunk. A 342+30 LT, 8" W Ad'ust mainline rofile down. A 343+95 LT, 12" W Adjust mainline profile down. Adjust mainline profile down upstream to pretreatment MH. U size catch basin to T e 2. It is anticipated that the adjustments to the storm drain system will entail revisions to two (2) plan sheets, two (2) profile sheets, and one (1) detail sheet. The Consultantwill determine the differential construction costs between the 100% design and the modified design. The Consultant will revise the 100% construction cost estimate to reflect the added costs cf the revised design. Consultant shall revise the layout of the water quality vault to allow LUD's existing 12" watermain in SW 336th Street and 8" lateral water main to the Cascade Ridge Apartments to remain in place. The vault shall be relocated against the existing right of way line or if necessary, into the City's existing storm easement for Cascade Ridge Apts. Revised layout will be incorporated into the 100% construction documents. Assumptions: Lakehaven Utility District provided pothole data and valve nut measure down information is accurate and represents actual field conditions at the specific location measured. Where necessary, depth of Lakehaven Utility District facilities has been interpolated from the pothole and measure down data. It is assumed that a straight line interpolation between data points is correct and best represents the horizontal and vertical location of LUD facilities. It is assumed that one round of review comments, consolidated comments from LUD and the City will be incorporated into the design. The City has determined the City's existing storm easement (both on Cascade Ridge Apartment parcel) may be utilized for installation and operation and maintenance of the vault and related storm drainage systems. Above-grade working and access space requirements for the vault have been waived by the City. 21 S` Ave SW at SW 336`h St Page 6 March 2013 Intersection Improvements Exhibit A The design of the internal bypass weir geometry will be provided by the construction contractor's vendor via a contractor submittal. Deliverables: Revised plan layout (2 sheets), revised profiles (2 sheets), and detail (1 sheet). Differential Cost Estimate Revised Construction Cost Estimate 1 PDF sketch of the revised layout of the water quality vault for review 100% submittal: revised plan layout, revised profiles, new general details forthe StormFilterT"" water quality vault. 2151 Ave SW at SW 336"' St Page 7 March 2013 Intersection Improvements Exhibit A-1 21S` Ave SW at SW 336th St Page 8 March 2013 Intersection Improvements Exhibit B Construction Cost Differential 215� Ave SW at SW 336`h St Page 9 March 2013 Intersection Improvements Exhibit B Construction Cost Differentiai Pre-100% �esi n Final Desi n Struct ID STRUCTURE TYPE STRUCTURE TYPE De th Chan es Estimated Cost Chan es DR2-4 CB T e 1 CB T e 1 Raised 0.5' -$7.41 DR2-5 CB T pe 1 CB T e 1 Raised 0.5' -$7.41 DR3-1 CB T pe 1 CB T e 2, 48" Lowered 1.8' $1,400.00 DR3-2 CB T pe 1 CB T pe 2, 48" Lowered 1.8' $1,400.00 DR3-3 CB T pe 1 CB T pe 2, 48" Lowered 1.0' $0.00 DR3-4 CB T pe 1 Concrete Inlet Raised 0.6' -$300.00 DR3-6 CB T e 1L CB T pe 2, 48" Lowered 0.0' $1,200.00 DR4-1 CB T pe 1L CB T pe 2, 48" Lowered 1.0' $1,200.00 DR4-2 CB T pe 1L CB T pe 2, 48" Lowered 0.6' $1,200.00 DR3-12 CB T pe 1 Removed -$1,100.00 DR3-13 None Concrete Inlet $800.00 DR3-14 None CB T pe 2, 48" $2,500.00 DR4-6 Pre-Treatment Unit Lowered 0.5' $20.42 DR4-7 Stormfilter Vault Lowered 0.5' $145.19 PIPE ID LENGTH SIZE MA7'L LENGTH SIZE 'MAT'L, P2-4 68LF: 12" Conc 68LF 12" DIP Raised 0.5' $1,871.57 P2-5 41 LF 12" Conc 41 LF 12" Conc Raised 0.3' -$60.93 P3-1 43LF 12" Conc 43LF 12" Conc Lowered 1.8' $383.42 P3-2 110LF 12" Conc 110LF 12" Conc Lowered 1.4' $762.87 P3-3 173LF 12" Conc 173LF 18" Conc Lowered 1.1' $1,807.69 P3-6 88LF 18" Conc 88LF 18" Conc Lowered 0.5' $217.96 P4-1 181 LF 18" Conc 181 LF 18" Conc Lowered 0.8' $717.30 P4-2 13LF 18" Conc 13LF 18" Conc Lowered 0.6' $38.64 P4-6 13LF 18" Conc 13LF 18" Conc Lowered 0.6' $38.64 P4-7 42LF 18" Conc 42LF 18" Conc Lowered 0.3' $62.42 P3-14 23LF 12" Conc 23LF 12" Conc Lowered 1.8' $205.08 P3-13 None 5 LF 12" DIP $400.00 P3-4 27LF 12" Conc 27LF 12" DIP Raised 0.6' $729.75 P3-5 30LF 12" DIP 30LF 12" DIP Raised 0.5' -$74.31 Subtotal $15,550.89 Mobilization (8%) $1,244.07 Total $16, 215� Ave SW at SW 336'h St Page 10 March 2013 Intersection Improvements Exhibit C Estimated Costs 21gt Avenue SW at SW 336�'' Street Intersection Improvements ESTlMATED REDES/GN, CONSTRUCTION D/FFERENTIAL, PROJECT ADMIN/STRATION AND CONSTRUCTION MANAGEMENT COSTS FORLAKEHAVEN UTILITY D/STRICT ESTIMATED REDESIGN COST Estimated design costs from Exhibit A-1 ESTIMATED CONSTRUCTION COSTDIFFERENTIAL Subtotal Construction from Exhibit B Construction Contingency (10% ofConstruction cost.) Construction Management (12.5% of Construction cost.) ESTIMATED TOTALCONSTRUCTION COST ESTIMATED PROJECT COST �Ledesign � Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $9,730.82 $16,794.96 $1,679.50 $2,099.37 $20,573.83 $30,304.65 $1,515.23 31 819.88 Note: Costs presented are estimatesonly. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's reimbursement to the City. K:\STREETS�PROJECTS�SW336th Street @ 21st Ave S1MDesign\Utilities\LUD�21st SW @ SW 336th ILA Agreement.doc 215� Ave SW at SW 336`h St Page 11 March 2013 Intersection Improvements