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AG 15-119 RETURN TO: Shawna EXT: 2703 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/STREETS 2. ORIGINATING STAFF PERSON:NAVEEN CHANDRA EXT:2729 3. DATE REQ.BY:3/25/2015 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ci--rNTERLOCAL ❑ OTHER 5. PROJECT NAME:SOUTH 352ND STREET EXTENSION Stir/,J� 6. NAME OF CONTRACTOR: L4Lke ,ave*. l�� � tD ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 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._ UBI# ,EXP. / /_ 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) ([F CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE To: 10. DOCUMENT/CONTRACT REVIEW IN TIAL/DATE REVIEWED INITIAL/DATE APPROVED VROJECT MANAGER JIM 3 p/bIVISION MANAGER ILME47/t pI5EPUTY DIRECTOR 3/2.5 '-DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) Nok eA.,AW DEPT 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING /� C��l XSENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 5 ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS I AL/DATE SIGNED 5 frs LAW DEPT 0 S J-4 f CHIEF OF STAFF L " Iv SIGNATORY(MAYO1 oR DIRECTOR) yO CITY CLERK 411KIIE ASSIGNED AG# AG# ni� SIGNED COPY RETURNED DATE SENT: lf.',nl • S ❑RETURN ONE ORIGINAL COMMENTS: ENCLOSED ILA IS BASED ON THE RECENTLY APPROVED FOR PAC Hwy-PH 5 PROJECT FOR SIMILAR WORK. 'c/P uo(Oc . Aka/ 4i ,t- L A. Mu t4 i p(e loaf a (wcw4 ff-46m ( T A r. • , J 3 2. ► f. ea . •• 1/1: INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) THIS AGREEMENT is made and entered into this ; ay of Ju1 L+v , 2015, 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 South 352nd Street Extension Project (SR 161 to SR 99), 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 laws, regulations and franchises; and WHEREAS, in connection with the street- and storm sewer-related improvements being undertaken by the City,the District will be required to relocate and modify certain water and sanitary sewer facilities such as mains,fire hydrants,valves,water meters,and manholes;and resolve water and sewer facility conflicts with other proposed improvements; and will need to undertake other related work 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 City selected a professional engineering consultant (hereinafter "Consultant") in accordance with applicable rules and regulations to design, and prepare plans, specifications, and Engineer's estimate for the Project, and the District has determined that the Consultant is best qualified to design, and prepare plans,specifications,and Engineer's estimate for the necessary water and sewer facility improvements in connection with the Project; 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 letting a public works South 352nd Street Extension Project Page 1 May 2015 construction contract for the installation of the water and sewer work in connection with the Project (hereinafter"District Work"), and providing construction management services in support thereof,as described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the Parties hereto executed an Interlocal Agreement on the 25th day of August 2010 for District Work in connection with the Project as designed at that time, and said design has been modified,conditions and contract document requirements have changed since 2010,and the City and Consultant terminated their agreement associated with said Interlocal Agreement,and have executed a new agreement for Consultant services for the Project; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: INTERLOCAL AGREEMENT SUPERCEDED. The Interlocal Agreement for District Work in connection with the Project as executed by the Parties on the 25th day of August 2010 shall be terminated upon the execution of the Interlocal Agreement hereinunder. II. DESIGN AND PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE. The Consultant, KPG, Inc., shall perform design work and prepare reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the Contract Bid Documents and Engineer's estimate for the Project, all as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference. III. BIDDING AND CONSTRUCTION. A. It is the intention of the Parties that the District plans and specifications developed under Paragraph II shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids for the Project,the City shall furnish for the District's review a tabulation of the bid responses submitted for the District Work. Within twenty days of receiving the bid tabulation, the District shall notify the City in writing whether the District approves or rejects their portion of the bid award. If the City elects to award a contract for the project, bid award will be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however, if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. Following such notice from the District that the bid results are unacceptable to the District, the City may elect to proceed with its portion of the Project, and the District Work shall be deleted from the Contract Documents. South 352nd Street Extension Project Page 2 May 2015 IV. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative,construction observation, and clerical services necessary for the execution of the Project, exclusive of such construction observation, material review and ancillary construction administration support provided by the District in coordination with City staff. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the 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. B. The District shall notify the City, writing, any changes it wishes to make in Y Y� 9� Y 9 the plans and specifications which affect the District Work,which changes shall be made,if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. V. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work,which costs shall include but are not limited to the fee s charged g by the Consultant for the District Work performed in accordance with Exhibit A,said exhibit attached hereto and incorporated hereunder and by the Project contractor in accordance with the Contract Documents, all District requested changes, and the District's cost of the City services described in Paragraph IV.A herein, and as summarized in Exhibit B. B. All payments shall be due from the District to the City within thirty(30) days after approval 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. VI. 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 (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 District, its agents or employees, or by the District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement South 352nd Street Extension Project Page 3 May 2015 with respect to any event occurring prior to such expiration or termination. VII. DURATION. This agreement shall become effective immediately upon execution by both parties, and shall continue in force until either: (1)the District rejects all bids as set forth in Paragraph III.B herein; or(2)the City Council accepts the completion of the project, whichever is earlier. VIII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway,storm drainage system,sidewalks, landscaping,traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to the Contract Documents, including District requested changes; the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. 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 may be extended for additional periods of time upon mutual written agreement of the City and District. E. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. F. 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 agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. (SIGNATURE PAGE FOLLOWS) South 352nd Street Extension Project Page 4 May 2 015 CITY 0 " 61 ERAL WAY LAKEHAVEN UTILITY DISTRICT ,_, ,,.... / - -Jim F- (1,Ma-or , -: . 0.-, General Manager 7i 33 5 8th Avenue South 31627 1st Avenue South Federal Way,WA 98063-9718 PO Box 4249 (253) 835-2401 Federal Way,WA 98063-4249 (253) 941-1516 APPROVED AS TO FORM: APPROVED AS TO F RM•, ' 1/A r i 1401 11Li farAmy Jo Pearsall, City Attorney Steven H. Pritchett, General Counsel ATTEST: i .ill s—u.. ALLLA../. 1 h.nie Courtney, CMC, Ci 1lerk South 352nd Street Extension Project Page 5 May 2 015 EXHIBIT A CITY OF FEDERAL WAY SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) SCOPE OF WORK KPG MARCH 20, 2015 (For Lakehaven Utility District via Interlocal Agency Agreement) Work to be completed under this amendment involves preparation of plans, specifications, engineer's estimate, and bid documents for the South 352nd Street Extension—SR 161 to SR 99 Project. Plans will be prepared in accordance with Lakehaven Utility District ("District") design standards as summarized and itemized in the District's plan review checklist. Contemplated improvements included under this scope, subject to review by the City and the District,and previous review comments provided by the District, include the following: Water a. Removal and disposal of approximately 380-LF of 8-inch diameter Asbestos Cement(AC) main, and installation of approximately 380-LF of 8-inch diameter Ductile Iron(DI)main(STA 84+35, 60' RT to STA 84+95, 80' LT). b. Vertical relocation of existing 8-inch diameter lateral (STA 97+60, 70' RT) main by removal and disposal of existing and installation of new main to allow for drainage facility installation and driveway re-grading. c. Vertical relocation of existing 8-inch diameter DI main (STA 99+05, 15' RT)by removal and disposal of existing and installation of new main to allow for drainage facility installation. The length of vertical relocation may be extended up to 100' in length to provide adequate cover under pavement section. d. Removal of existing and installation of new fire hydrant in one (1) location (STA 84+80, 47' LT). e. Identification of water valve adjustments to finished grade throughout the project limits. f. Other minor relocations and adjustments based on the results of a review meeting with the City and the District to finalize the Plans. Sewer a. Identification of sewer manhole adjustments to finished grade throughout the project limits. South 352nd Street Extension Project Page 6 May 2 015 EXHIBIT A b. No conflict analysis is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 8.1 — Project Management Work under this task includes time to prepare and execute an amended agreement with the City, including Exhibit A hereinunder; prepare associated invoicing and progress reports; attend one(1) meeting with the City and the District to determine any changes needed since the 2010 plans and/or in coordination with upcoming improvements to Pacific Highway South; plan and schedule the work; plan for and execute Quality Assurance and Quality Control reviews; and coordinate with the City and the District. This task assumes the design phase, including reviews by the District, will last approximately three (3) months. Task 8.2—Waterline Plan and Profile Sheets The Consultant will prepare up to two (2)water facility plan and profile sheets, consistent with the project limits, to show the relocations, installations and adjustments required. The plan view will include existing base mapping, existing utilities, proposed curb and gutter and proposed drainage facilities, and other available utility information, including locations of luminaires. In addition, horizontal alignment information, existing and relocated hydrant and valve locations, types and locations of existing and relocated service connections including water meters and fire service lines, and all demolition and abandonment callouts will be shown on the plan sheets. Minimum clearance requirements will be called out at critical locations adjacent to other utilities, including storm drainage facilities. The full-sized scale shall be 1-inch = 20-feet. The profile view will be at 1-inch = 20-feet horizontal scale and 1-inch= 5-feet vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. Minimum clearances will be identified with callouts at utility crossings, or in a separate crossing table. Existing waterline information will be based on pothole and measure down data provided by the District. Existing and proposed utility crossings will be shown as ellipses in the profiles. All work associated with the water system facilities will be shown on these `stand-alone' plans and profile sheets. Any references to the water system facilities on the City's roadway plans will be edited to reference these documents. Task 8.3—Water Line Detail Sheets The Consultant will include details not covered in the Washington State Department of Transportation (WSDOT) Standard Plans or in the District's Water System and Sewer System Standard Details on the Plan and Profile sheets. Pertinent Standard Plans and Standard Detail sheets from these sources will be included as an appendix in the contract specifications. South 352nd Street Extension Project Page 7 May 2015 EXHIBIT A Task 8.4—Sewer Manhole Field Investigation The finished grade elevations of the sewer manholes within the project limits will be adjusted. The Consultant shall verify the as-constructed sanitary sewer manholes including size, cone section, ladders, and number and sizes of risers. All observations will be made from the surface with no entry into manholes anticipated. Task 8.5—Sewer Manhole Adjustments Based on the information collected in Task 8.4, the Consultant will describe the work included to bring each sewer manhole to grade (which may include removal and/or replacement of cone sections, extensions, and/or risers. This information will be shown on the roadway plans and quantified in the District bid schedule. Task 8.6— Specifications The Consultant will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per District Standards. Special provisions shall supplement WSDOT's 2014 Standard Specifications, unless the District's Water System and Sewer System Standards specify otherwise. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule, except that modifications to District facilities that are in easements, and that are necessary to accommodate the City's street and storm system improvements, shall be included in Schedule A. Task 8.7—Opinion of Cost The Consultant will prepare a 100%and final opinions of cost for the District Work. The breakdown of items shown in the opinion of cost shall be of sufficient detail for inclusion in the Contract Bid Documents. Management Reserve The District may require additional services of the Consultant in order to advance the project through bid document preparation and construction. The scope of these services will be determined based on unanticipated project needs or other considerations at the sole discretion of the District. This work may include additional design,easement document preparation,construction support services, and other items that were not anticipated with the development of this scope of work. These services will be authorized by the District under management reserve. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the District has authorized the work and issued a notice to proceed. South 352nd Street Extension Project Page 8 May 2015 EXHIBIT A SCHEDULE: 1. Th e City's s r oad w ay des i gn has been completed to the 100-percent design level. The Consultant will commence work on the water line design immediately upon receipt of a notice to proceed from the City. The Consultant will deliver the 100-percent Plans, Specifications and Engineer's Estimate to the City and the District approximately four (4) weeks after the Consultant receives said notice to proceed. 2. The City and District will review the 100-percent Plans, Specifications, and Engineer's Estimate, and return comments back to the Consultant no more than three (3)weeks after receiving said documents from the Consultant. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 3. The Consultant will incorporate comments, and prepare and deliver to the City and the District the Final Plans, Specifications, and Engineer's Estimate,including the District Work, approximately three (3)weeks after comments are received from the City and the District. DELIVERABLES: The Consultant will assemble and provide the following items to the City for transfer to the District: 1. The Consultant will submit at the 100-percent stage of completion, two (2) copies each of the half-sized plans,full-sized plan sheets, and special provisions for review and comment. 2. Two (2) sets of full-sized bond prints of"Final" water line plans (water schedule only). 3. Two (2) sets of half-sized bond prints of"Final"water line plans (water schedule only). 4. Two (2) sets of camera-ready hard copy special provisions which cover the District Work- related elements of the project only. 5. One (1)computer disk for the plans of the District Work elements of the project in AutoCAD format. 6. One (1) computer disk for the special provisions related to the District Work in Microsoft Word format. ASSUMPTIONS: 1. Utility record drawings are not included in this scope and fee because construction services are not included in this contract. 2. Existing asbestos-cement (AC)water main to be removed shall be included as a separate bid item and appropriate hazardous waste specifications will apply. South 352nd Street Extension Project Page 9 May 2 015 EXHIBIT A 3. All base-mapping, surveying and utility coordination already performed as part of the Project is adequate, and no additional effort in these areas is included in this amendment,except as necessary to correct items noted in previous review comments, and to inventory as- constructed sanitary sewer manhole conditions as described in Task 8.4. 4. The District shall provide the Consultant, in a timely manner, the District's standard documents for public works contracts, including standard plans. Unless otherwise specified, these standard documents shall be suitable for inserting into the bid documents without revision. 5. The District's representative with respect to services to be rendered under the Agreement shall be as designated by the District's Engineering Manager. 6. The District shall coordinate with the City to receive the required number of sets of final Contract Documents. 7. The District shall pay all permit fees necessary to complete the work described in this scope of work. 8. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by the District. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. 9. In providing opinions of cost for the project,the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the Consultant makes no warranty that the District's actual project costs,financial aspects, economic feasibility,or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. South 352nd Street Extension Project Page 10 May 2015 .. I ..• • 0•1• RgaigAt7A88 .4 S $ 4 ? / I g g 3 g Oi. i; ;3 53 M 2 2 11 2 rt. 4 tei co Ai 2 c 1 csi f r. 6, 6.6 6, 44 V4 VO 44 44 44 40 4°4° W.0t.,-; 0702SFISRS 01 2 5 Lj gg' t i R •.1. 9 = - t 11 LO got co Ei § to V V N v: re 3 I 1 i v M gEHAiM zi-, .- ittrl 1 MI 3 vrnoRw . I ...., ... ft m 0 N ' M coc000nto / C4 .44 em .. >1 M 1,1 X 1 (44 IN 0 _ 02Q000 R R vp te 'CT) co $ t 64 Ig5Pi e4 r-.. O Eir 64 0) S 3? CD 116' . 000 .0 . © o 1 . ro) al .6 Iii CL ..173 113 41C4CCDOC4.0N VD 44 40 VD I" ■• ,„t I , til C C U. 1 g 1 ? 0 1 ...J 0 I a) ET g $ a 5 tm cl_ 1 W III t 0 °I '2 4( I! 1E (c,2 2t z 0- cn a 4 5 un E 2 Ei AC 0 04 a) i: 2 un la g i UJ 2 I- LLI Is RI a; „I) 0 I 2 il) 1 2 5 < W UtAWM a 0 co 2 c IgORB 0 %.11/ 12 0 CV LO CC M 4; 0-4 IIJ& 81 . 0 CO I 0 I I 1 ; cogiollef= c LLJ U) EXHIBIT B CITY OF FEDERAL WAY ESTIMATED COSTS SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) ESTIMATED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING THE DISTRICT WORK: ESTIMATED DESIGN COST Estimated design costs for District Work (KPG, Inc.) $ 19,753.08 ESTIMATED CONSTRUCTION COSTS Subtotal Construction TBD Sales Tax @ 9.5% of Construction Cost TBD Subtotal Construction Including Sales Tax TBD Construction Contingency(10% of Construction cost) TBD Construction Management (15% of Construction cost) TBD ESTIMATED TOTAL CONSTRUCTION COST TBD ESTIMATED PROJECT COST (Design) $ 19,753.08 Project Administration (5% of project cost) $ 987.65 TOTAL ESTIMATED COST $ 20,740.73 Note: The Agreement will be amended to include amounts to be determined ("TBD'), including estimated construction and project administration costs when the estimates have been prepared. Costs presented are estimates only. Actual costs incurred will be used to calculate the final cost due from the District for its portion of the District Work for reimbursement to the City. South 352nd Street Extension Project Page 12 May 2 015