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.. CITY OF RENTON Office of the City Attorney Jesse Tarmrer, Mayor Lawrence J. Warren January Ib, 1998 Ms. Linda M. Gallagher Senior Deputy Prosecuting Attorney Civil Division 3900 Key Tower; 700 Fifth Avenue Seattle, Washington 98104 Ms. Caryn Jorgensen Mills Meyers Swartling 1000 Second Avenue, #3000 Seattle, Washington 98104-1046 Re: Hirschfeld v. City of Renton, et. A. Dear Ms. Gallagher and Ms. Jorgensen: ITY OF P, ngineerinq I recently received a telephone call from Linda Gallagher asking me to check and see whether or not Gary Merlino Construction did any work for the City of Renton at or around the manhole cover in question in the City of Renton alley. My contact with the City of Renton indicated that the City did not enter into any contract with Gary Merlino Construction concerning this particular alley. The City did have some work done by Merlino Construction in another alley. It strikes me that there is an incredible amount of money being spent on what appears to be only a property damages case. I am particularly concerned that no progress is being made toward resolving responsibility, but rather it seems to be getting more complicated. Would you please look into the facts set forth in this letter. I would like King County to honor its contract of indemnity with the City and assume defense of this matter if the City of Renton did not have an act of contractual relationship with Gary Merlino Construction in this particular alley. Ve ly yours, Lawrence J. Warren LJW:as. cc: day Covington ,/Dave Christensen A8.139.05. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 TL.:.. nn..n• nnn.n.n.. G/o/ ren.inl.armnlnrol 'Jllo/ nr,cf nnnc.mnr CITY OF RENTON Earl Clymer, Mayor January 11, 1995 Stan Hummel Water Quality Engineer Metro M.S.-130 821 Second Avenue S. Seattle, WA 98104-1598 Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: UTILITIES COOPERATION AGREEMENT FOR THE CEDAR RIVER TRUNKLINE AND NORTH THIRD LIVABLE STREETS PROJECT Dear Stan: Please find enclosed the two originals of the subject agreement executed by the City of Renton. Upon execution by Metro, please return one original to the City for its permanent records. I would like to thank you for all your assistance in the accomplishment of this agreement. The City looks forward to working with Metro on this cooperative project. If you have any questions or require additional information, please contact me at (206) 277-6212. ly, Clavid 6Asen Wastewater Utility Supervisor METR05/DMC/dmc 200 Mill Avenue South - Renton, Washington 98055 CAG-95-002 UTILITIES COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF RENTON AND KING COUNTY FOR METRO'S CEDAR RIVER TRUNK RELOCATION PROJECT - PHASE II AND CITY OF RENTON'S NORTH THIRD LIVABLE STREETS PROJECT THIS AGREEMENT is made by and between KING COUNTY a political subdivision of the State of Washington (hereinafter "the County"), and THE CITY OF RENTON (hereinafter the "City"), a municipal corporation of the State of Washington. WHEREAS, in accordance with a memorandum of agreement (hereinafter "MOA") executed June 6, 1991, the County plans to construct a new 42-inch sewer pipeline between Burnett Avenue North and Brooks Street as part of the Cedar River Trunk Relocation -Phase II (hereinafter the "Project"); and WHEREAS, the design and installation of the new sewer line requires the reconnection of the City's local sewer system at numerous points along the route of the Project; and WHEREAS, the City would normally require restoration of the street surface as a condition of permits for the Project; and WHEREAS, the City desires to make street improvements to North Third Street between Burnett Avenue North and Factory Avenue North as part of the City's Livable Streets Project and in lieu of the aforementioned street restoration, has requested that the County share the cost of said improvements and substitute the improvements for the restoration work that the County would otherwise be required to undertake; and WHEREAS, the City and the County have agreed that the County's Department of Metropolitan Services (hereinafter "Metro") will manage and construct both the new sewer line and the street improvements and that the City will compensate Metro for construction activities related to the street improvements and storm drains. NOW, THEREFORE, in consideration of the provisions and conditions set forth herein, it is mutually agreed by and between the City and the County as follows: - 1 - For the purpose of this Cooperation Agreement, the terms underlined in the numbered paragraphs of this Section 1 shall have the meanings set forth to the underlined term. 1.1 City - - The City of Renton, Washington, a municipal corporation. 1.2 City Engineer - - The staff engineer assigned by the City to carry out the responsibilities set forth in this Agreement. 1.3 City Protect Manager - - The individual assigned by the City to carry out the responsibilities set forth in this Agreement. 1.4 County - - King County, a political subdivision of the State of Washington. 1.5 Contract Documents - - All documents, including those referenced therein, set forth in Contract No. W/M7-94 between County and Contractor. 1.6 Contractor - - Contractor hired by Metro to construct the Project pursuant to Contract No. W/M7-94. 1.7 Director - - Executive Director of Metro. 1.8 Final Plans - - The plans and specifications set forth in the Contract Documents. 1.9 Implement or Implementation - - Plan, design, construct, operate, maintain, regulate or otherwise manage or take action to carry out the Project. 1.10 Metro - - King County Department of Metropolitan Services. 1.11 Metro Director of Technical Services - - That individual who directs and is responsible for the actions of Metro's Technical Services Department personnel who are officially assigned to the Project. 1.12 Metro Project Manager - - The individual assigned by Metro to carry out the responsibilities set forth in this Agreement. 1.13 Metro Resident Engineer - - The staff engineer employed by Metro who is responsible for technical coordination of the Project. -2- 1.14 Original Contract Amount - - The original amount awarded to the Contractor for construction of the Project or portions of the Project pursuant to the Contractor's bid. 1.15 P/B/PW Administrator - - the head of the department responsible for coordinating and facilitating City personnel and contractors directly involved with the Project. 1.16 Project - - Construction of a new 42-inch sewer pipeline between Burnett Avenue North and Brooks Street as part of the Cedar River Trunk Relocation Project - Phase II, and street improvements to North Third Street between Burnett Avenue North and Factory Avenue North as part of the City's Livable Streets Project. 1.17 Project Dispute - - A dispute between the Metro and the City arising out of or relating to the Project. 2. UNDERSTANDING This Agreement, including specifications, drawings and contract documents, reflects the understanding between the parties regarding the matters covered. This Agreement incorporates and supersedes all prior negotiations and agreements between the parties related thereto provided that if there is anything herein which is inconsistent with the MOA, the MOA shall control. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of Metro or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the City. Metro shall comply, and shall ensure that its contractors comply, with all federal, state, and local laws, regulations, and ordinances applicable to the work and services to be performed under this Agreement. 0 The Project duration indicated in the Final Plans is 250 calendar days following Notice to Proceed. The Final Plans require that the Contractor submit a Project schedule within 10 days following Notice to Proceed and at least five days prior to beginning of construction, said schedule must conform to the construction sequencing constraints specified in the Final Plans. Metro will transmit said schedule to the City for review of the construction sequencing for the street restoration. The City agrees to respond within five (5) working days of receipt of said schedule from Metro. The Project will be constructed in accordance with said Project schedule or approved modifications. -3- The parties agree that time is of the essence in the construction of the Project and agree not to hinder or delay the Project schedule. Metro agrees to transmit within 24 hours (counting only working days) following receipt, the updated schedules which are submitted by its contractor for review by the City. Any updated schedules so reviewed by the City supersede the preceding schedules. The parties further agree to meet at least weekly, with or without the Contractor being present, to discuss schedule information for the purpose of mitigating conflicts and facilitating planning. :► :►bA&IJU•► Metro has prepared, by and through its in-house engineering staff, plans and specifications stamped and dated August 1994 which describe and specify the requirements for the construction of the sewer line work. The City has prepared, by and through its in-house engineering staff and/or consultants, plans and specifications stamped and dated July 1994 (hereinafter referred to as "City Plans"), which describe and specify the requirements for the construction of its North Third Livable Streets Project. The City Plans were incorporated into the Metro Plans for purposes of bidding, contract administration and construction, and are part of the Contract Documents. The combined plans are defined herein as the Final Plans. •0► • Metro will act as the lead agency in the Implementation of the Project. Metro's Resident Engineer will be the primary contact with the Contractor. The City's Engineer shall direct all communication to the Contractor through Metro's Resident Engineer including all requests for field adjustments, correcting deficiencies, and/or implementing design changes as required. Metro's Resident Engineer will evaluate the changes in consultation with the City's Engineer, identifying any potential contractual issues that will need to be addressed before directing the Contractor accordingly. 6. COMPENSATION A. City. The City agrees that it will compensate Metro a sum of $161,115, equal to 50% of the Original Contract Amount excluding sales tax for construction of that part of the Project commonly referred to as street improvements to North Third Street between Burnett Avenue North and Factory Avenue North for which the City prepared or had prepared the plans and specifications ("City Plans"). The City further agrees to reimburse Metro $20,000 equal to 100% of the Original Contract Amount excluding sales tax for construction of storm drains which are shown in the -4- Final Plans and as indicated in the bidding schedule as Item No. M. The City will reimburse Metro an additional amount of $1,640.00 to cover State sales tax for storm drain construction in Bid Item M8. The City will reimburse Metro for one hundred percent (100%) of the cost of change orders on the Project which are related to the City Plans for the street improvements and the above -referenced storm drains. For change orders resulting from unforeseen conditions in the field which could not be anticipated by the City Plans, the City shall reimburse Metro fifty percent (50 0 ) of the cost. B. Metro shall invoice the City monthly with its invoices requesting reimbursement. Back-up documentation shall accompany the reimbursement request. City shall review the invoice and either notify Metro of any disputed amounts, identifying said amounts with specificity, or process for payment any undisputed costs within ten (10) working days of receipt of invoice and pay Metro within forty-five (45) days of receipt of invoice. The City shall pay Metro for the amounts of unresolved disputed costs in the next immediate pay cycle following resolution of those items. City payments to Metro pursuant to any Metro invoice shall not constitute final approval of any specific item by either party. C. Audit. During progress of the Project and for a period of not less than three (3) years from the date of final acceptance by Metro and the City, records pertaining to the Project and accounting therefore will be kept available by Metro and by the City for inspection and audit by either party. Copies of these records shall be furnished upon request and shall be maintained in accordance with a work order accounting procedure prescribed by the Division of Municipal Corporations of the State Auditor's office. \ •k4 W.11\C 21WWAUN Metro will, upon completion of the Project, request in writing that the City conduct a final inspection. When the final inspection satisfies the requirements of the contract documents and the City standards, the City will provide a written Notice of Acceptance. Within five (5) working days of receipt of said written request, the City will inspect all aspects of the street restoration, reconnection of local sewer system, and, if needed, prepare a written punchlist of deficient work. The City will transmit to Metro within ten (10) working days of said inspection the said punchlist which shall identify the corrective work -5- needed. Said punchlist shall identify the corrective work needed with specificity. When Metro has completed the work identified on the punchlist, it will request in writing, a re -inspection from the City. Within five (5) working days of receipt of said written request, the City will inspect all work and, if needed, again prepare a written punchlist of work not completed, which it will transmit to Metro within five (5) days of said re -inspection. Said punchlist shall identify the corrective work needed with specificity. The process shall be repeated until all work has been completed, at which time the City will prepare a written Notice of Acceptance and transmit same to Metro. Upon the date of notice of acceptance by the City, the City will assume ownership and maintenance responsibilities of the City's sewer lines. The City shall assume ownership and operational responsibilities of reconnected local sewer lines once they are providing sewer service. The City shall be the only one to operate those sewer lines once they are activated. 8. WARRANTY All work on the North Third Livable Streets portion of the Project will be warranted to be free from defects in design, workmanship and materials for a period of one (1) year following the date of Notice of Acceptance by the City; provided this warranty shall not cover design defects in the plans prepared by the City or the City's agent. 2 The provisions of this section shall survive the expiration or termination of this Agreement. 9.1 To the extent allowed by law, Metro shall defend, indemnify and hold harmless the City, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to an act or omission of Metro, its employees, agents, and contractors in the performance of Metro's obligations under this Agreement. In the event of litigation between the parties to enforce the rights under this section, reasonable attorney's fees shall be allowed to the prevailing party. This indemnification provision shall include, but is not limited to, all claims against the City by an employee or former employee of Metro or its contractors and, as to such claims, Metro expressly waives all immunity and limitation on liability under Title 51 RCW. M 9.2 To the extent allowed by law, the City shall defend, indemnify and hold harmless Metro, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to an act or omission of the City, its employees, agents, and contractors in the performance of the City's obligations under this Agreement. In the event of litigation between the parties to enforce the rights under this section, reasonable attorney's fees shall be allowed to the prevailing party. This indemnification obligation shall include, but is* not limited to, all claims against Metro by an employee or former employee of the City or its contractors and, as to such claims, the City expressly waives all immunity and limitation on liability under Title 51 RCW. Upon request by the City, Metro will transmit a copy of the performance and payment bonds it receives from its Contractor to the City. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court of King County. 12. MISCELLANEOUS A. Notice. All Notices to Metro required under the terms of this Agreement shall be given in writing, addressed as follows: King County Department of Metropolitan Services 821 Second Avenue, MS 117 Seattle, Washington 98104 Attn: Mann -Ling Thibert, Project Manager Telephone:(206) 684-6785 Fax: (206) 684-1710 All Notices to the City required to be given under the terms of this Agreement unless otherwise specified herein, or as may be amended, shall be given in writing, addressed as follows: Utility Systems Division Public Works Department Municipal Building 200 Mill Avenue South Renton, Washington 98055 Attn: David Christensen, Project Manager Telephone: (206) 277-6212 Fax: (206) 235-2631 WA All notices issued under this Agreement shall be deemed received on the next business day after being deposited in the United States mail in Seattle, or at the time they are actually hand -delivered to the addressee. B. Publicity. All news releases and public reports issued by County or the City describing any activity on the Project involving both parties should include a reference to the other party. Neither party will release any information about the Project to the news media or to the public without the prior written consent of the other party. 13. Any disputes arising out of this agreement shall be resolved pursuant to the dispute resolution provision set forth in Section 8 of the Memorandum of Agreement between the City of Renton and Municipality of Metropolitan Seattle. 14. AMENDMENT, WAIVER This Agreement shall not be amended except in writing, executed by both Metro and the City. The provisions of this Agreement cannot be waived except by written agreement of the party against whom a waiver may be asserted. 15. CAPTIONS Section titles or other headings contained in this Agreement are for convenience only and shall not be part of this Agreement, nor be considered in its interpretation. 16. BINDING UPON SUCCESSORS This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of both Metro and the City. 17. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall constitute one and the same instrument. 18. NON -WAIVER By executing this Agreement, neither party shall be deemed to have waived, released or contracted away any powers, obligations or responsibilities granted or imposed by law. Metro and the City do not intend the terms of this Agreement to apply to any Metro facilities other than the Project. This Agreement is entered into solely for the mutual benefit of Metro and the City. This Agreement is not entered into with the intent that it shall benefit any other person and no other such person shall be entitled to be treated as a third -party beneficiary of this Agreement. This Agreement shall take effect when both parties hereto have executed this document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. THE CITY OF RENTON Date : KING COUNTY Carolyn Purnell, Deputy Executive for Metro/Exe utive Director Date:. Attest. Marilyn e sen, City Clerk Date : /!, 99S Approved as to Form: Deputy Pros in Attorney R CITY OF RENTON ;a Community Services MEMORANDUM MAR 2`�1997 O f Y OF REINTO,N Engineering Dept, Date: March 24, 1997 To: John Hobson, Engineering Specialist' y From: Leslie Betlach, Parks Directo ,�O Re: CEDAR AND LIBERTY PARK EASEMENTS RELEASE The Cedar and Liberty Park Release of Easement documents are acceptable. Please proceed with recording the original documents. When recording is complete, please forward to me a copy of each document for our files. In addition, after recording of the easements, we would like to formalize (by document) the City's sewer line that runs through park property. If you have any questions please call me at extension 5549. LAB / d1f cc: Tom Boyns, Property Services Supervisor Sam Chastain, Community Services Administrator Al Dieckman, Parks Maintenance Manager 97-182DF.DOC King County Office of Open Space Water and Land Resource Division Department of Natural Resources Smith Tower 506 Second Avenue Room 708 Seattle, WA 98104 (206) 296-7800 March 5, 1997 Mr. John Hobson City of Renton 200 Mill Avenue S. Renton, WA 98055 RE: Cedar River Trunk Relocation Easement Releases Dear John: Enclosed are copies of the Cedar Park and Liberty Park Easement Releases for your files. Should you need further replacement copies please don't hesitate to call me at 296-7815. 1 am sure that the missing original will surface someday when it is least expected. Should you have other questions please don't hesitate to call me at 296-7815. Sincerely, 4Rodricyd Real Property Agent F:\CEDAR EASEMENT RELEASES.1. DOC King County Water Pollution Control Division Department of Natural Resources 821 Second Avenue Seattle. WA 98104-1598 December 5,1996 Mr. Thomas G. Boyns Property Services Supervisor City of Renton 200 Mill Avenue South Renton, Washington 98055 'T"- Dear M ns: %�-- 6z0% Attached are the Release of Easement Documents for our Cedar River Trunk Relocation. These documents release our rights to those easements within Renton's Liberty and Cedar River parks. This was completed in exchange for a replacement easement which was executed and recorded November 17, 1995. Once you have the appropriate recording information please provide that for our records. Should you have any questions please call me at 684-1399. Thank you for your assistance in this matter. Sincerely, I odrick Boyd Real Property Agent RPB:tih F:CEDAR2.DOC CLEAN WATER -A SOUND INVESTMENT R E L E A S E O F E A S E M E N T WHEREAS, by instrument dated May 22, 1962 recorded under Reception Number 5438753, Volume 4286, Page 49, King County Recorder's Office, County of King, successor in interest to the Municipality of Metropolitan Seattle, (hereinafter "COUNTY") acquired a utility easement for the Cedar River Trunk (hereinafter "Easement"); and WHEREAS, a portion of the Easement crosses certain City of Renton property known as Cedar River Park, also known as Assessor's Parcel Number U172305-9013 and U172305-9173 (hereinafter referred to as "City of Renton Property"); and WHEREAS, the COUNTY has agreed to release said Easement in exchange for an alternate utility easement from the City of Renton and acceptable to the COUNTY; and WHEREAS, by instrument recorded under Recorder's Reception Number 9511170631, the City of Renton conveyed an acceptable alternate utility easement to the COUNTY; NOW, THEREFORE, in consideration of the mutual benefits to be enjoyed by the City of Renton and the COUNTY, the COUNTY does hereby release any and all interest in that portion of the following described Easement crossing the City of Renton Property as arising under or by reason of that certain instrument between COUNTY and the City of Renton dated May 22, 1962 and recorded under Reception Number 5438753, Volume 4286, Page 49 at the King County Recorder's Office in King County, Washington, UTILITY EASEMENT A parcel of land 10 feet wide, being 5 feet in width on each side of the centerline thereof, said centerline being more particularly described as follows: Beginning at a point on the southwesterly margin of State Highway No. 5 (Maple Valley Road) distant northwesterly thereon 30 feet from the most easterly corner of Cedar River Park as described in Condemnation Court'Order No. 440308, dated April 17, 1952, on record in the office of the King County Clerk; thence S 47030'15" W 272 feet; thence S 87043,34" W 455.90 feet; thence N 88024,34" W 360.27 feet; thence N 72030'05" W 324 feet more or less to the easterly right of way line of State Highway No. 1. Dated this day of �'L" 1995. COUNTY OF KING Pam Bissonnette Director, Department of Natural Resources STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this RS t;� day of /!/1996, before me the undersigned, a Notary Public in and for the State 9f Was ngton, duly commissioned and s` orn, ersonally appeared to me known to be the ;X FAIR— of the COUNTY OF KING, a political subdivision of the State of Washington, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said COUNTY for the uses and purposes therein mentioned and on oath stated that they were authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. -,,�rint name) Notary/,Public in and for the at of Washington, residing at - my Commission expires-5 F:\BBRELSE.DOC 2 R E L E A S E O F E A S E M E N T WHEREAS, by instrument dated May 22, 1962 recorded under Reception Number 5438752, Volume 4286, Page 47, King County Recorder's Office, County of King, successor in interest to the Municipality of Metropolitan Seattle, (hereinafter "COUNTY") acquired a utility easement for the Cedar River Trunk (hereinafter "Easement"); and WHEREAS, a portion of the Easement crosses certain City of Renton property known as Liberty Park, also known as Assessor's Parcel Number U172305-9038 and U172305-9043 (hereinafter referred to as "City of Renton Property"); and WHEREAS, the COUNTY has agreed to release said Easement in exchange for an alternate utility easement from the City of Renton and acceptable to the COUNTY; and WHEREAS, by instrument recorded under Recorder's Reception Number 9511170631, the City of Renton conveyed an acceptable alternate utility easement to the COUNTY; NOW, THEREFORE, in consideration of the mutual benefits to be enjoyed by the City of Renton and the COUNTY, the COUNTY does hereby release any and all interest in that portion of the following described Easement crossing the City of Renton Property as arising under or by reason of that certain instrument between COUNTY and the City of Renton dated May 22, 1962 and recorded under Reception Number 5438752, Volume 4286, Page 47 at the King County Recorder's Office in King County, Washington, UTILITY EASEMENT A parcel of land 10 feet in width, being 5 feet wide on each side of the center line thereof, said center line being more particularly described as follows: Beginning at a point on the east line of Bronson Way, City of Renton, distant thereon N 48°59'26" E 79.24 feet from the -intersection thereof with the center line of First Avenue North, extended southeasterly; thence S 85001140" E a distance of 138.86 feet; thence S 47000'24" E a distance of 490.39 feet, more or less, to the west line of Houser Way. S� Dated this day ofr111VA44& 1995. C COUNTY OF KING Pam Bissonnette Director, Department of Natural Resources STATE OF WASHINGTON) ss COUNTY OF KING ) On this day of L 1996, before me the undersigned, a Notary Pu is in and for the State Was ngton, duly commissioned and s rn, p rsonal appeared to me known to be the Zi of the COUNTY OF KING, a political subdivision of the State of Washington, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said COUNTY for the uses and purposes therein mentioned and on oath stated that they were authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the /day and year in this certificate above writ en., �� (D&int name) Notary blic in and for Stat of Washington, residing at My Commission expires F:\BBRELSE2.DOC 9 5 4 3 2 1 No. A B C D E p H 1-405 I ' o NOTES: 1. REFER TO EXISTING SEWER AND LATERAL CONNECTION SCHEDULE ON SHEET C204 10k9A.0 0P \ FOR ADDITIONAL INFORMATION AND DATA. I L�8��G0��\ �S P I86 ASS v`0\20 ='I 0' 6 0 �FS� F� p 2, INSTALL 4 FOOT DEEP GROUT PLUG INTO + Py� 56. +36 N THE END Of THE EXISTING 42' RCP AS IT , P 0` �Q���G F Q. g 5, / 0� N SSP\ 'b �bl I \ k ENTERS THE MANHOLE. PLUG ABANDONED EX 42-0 PIPE WITH Y�L� a� O$ I 3 N �6ti O PIPES ONLY. Q �O NEW 12" MIN 10 HD E S�P��� p6$' F V) SLIP LINING (TYP) 66 i 3. ABANDON IN PLACE EXISTING 42" RCP, In I;_Y SHOWN BY DASHED LINE. L,J 496_g0. NOTE 1 P 4. CALL 1-800-424-5555 48 HOURS BEFORE _Z _ — B YOU DIG. NO REPRESENTATION IS MADE AS SEE NOTE 24 S_ — — _ _ _ _ _ — 0 6" 2 J I ON DWG G102 0031 --- — �/_ _ _ C203 G �� S �� TO THE EXISTENCE OR NON—EXISTENCE OF `_ — 1 GF , ANY UTILITIES PUBLIC OR PRIVATE. = N C204 A — — _ - --- - - �60. �a s-' ,- Z ABSENCE Of UTILITIES ON THESE DRAWINGS �203 - _ 23 IS NOT RARE E ENT.S RANCE FU BURIEDTHAT UTILITIES UARETIES SHOWN, Q I I a \ �' 3 S-•0131 Sa'p0 \�� THE LOCATION AND DEPTH ARE APPROXIMATE 'D - O'6G "L ONLY. THE EXACT LOCATION AND DEPTH OF EL�0xtiQ6�+� ANY UTILITY SHALL BE DETERMINED BY THE GDP UTILITY COMPANY PRIOR TO ANY EXCAVATION. tos FL Op, F3 Q \ / �66�5 �6� 5. THE CONTRACTOR SHALL NOT EXCAVATE P ti 3 N �,661 0 BETWEEN STATION 23+08 AND STATION 26+60. I / NP v O' 3 UNLESS EXCAVATION PIT IS APPROVED BY 5 W tk / "I ` �,9-V L \ THE ENGINEER. LL �FpR/ / a1g�g 9 _ _ �P�O ��F /� ,6 �✓ / 6. I DURING THE HOPE PESHAP LINING PROCESS, _ �GP TOEPREVENTOITOFROM FLOATING. I � \ I /FCH=r�f o�� CEDAR RIVER \ CAPCO REVISION ASHPHALT N PARKING LOT CEDAR RIVER PARK CEDAR RIVER PARK CONN SEE NOTE 24 0 ON DWG G102 0 ---182.84_ H P -9- / STA 3+09.15 E 1663346.63 -MH R'O-8A / STA 31+26.31 ,( BY IAPP'DI DATE k'A IQ ♦ PROPOSED 42"m /CEDAR RIVER TRUNK � RELOCATION PH 3 f PARK MAINTENANCE 12" HOPE AS EX MAPIHOLE, / \J C203 0`. , '" 1 EX 4XO ASHPgLT \ g'3%i % PLUGGED l �� �OrO DURING iZH 3 PARKING 3 NOTE 6 (TYP) LOT / i FH _ _ _ _ _ �i % TYP EX 10' ------------ ----469_30'----- r:�' EASEME 5=.006 ---------' UP• MH R10-1p STA 37+'8.45 N 178478.09 E 1663815.59 PLAN 50 0 50 100 FEET (1"=50't) —NOT 2 NO 3 (TYP) STON CONCRETE INC END HDPE SLIP LINING -MH RIO-12A STA 40+32.30 N 178651.13 E 1664003.70 -MH RiO-11 STA 40+56.45 N 178655.89 E 1664020..57 'EX 42" CEDAR RIVER TRUNK w'_f,7V - m E TRO Municipality of Metropolitan Seattle 'c OCT 95 -LT/DJB P� )RAWN; CHECKED: SCALE: — ORIGINAL CEDAR RIVER TRUNK FILE NO: )JB,J --;Ir REHABILITATION G45 t,--- NDEO: NOTED � NG � . ALIGNMENT PLAN D�"�% ~ T CONTRACT a): C L 0 2 PPROVED W/M1-96 STA 19+80 TO STA 41+38 SHEETN014OF 1 5 1 4 1 3 A 8 C ti �E /ISl i'tl O 1 / \X BEGIN HDPE SLIP LINING .004 TERMINATE NEW 12" HDPE AS IT ENTERS THE EX MANHOLE. DO NOT RECHANNEL MANHOLE. SEE NOTE 2 BY APP'D DATE a D EX 42"m PIPE WITH NEW 12" MIN ID HDPE SLIP LINING, SEE NOTE 6 (TYP) N 1ST ST SD PLAN 50 0 50 100 150 FEET (1"=50't) C203 TYP F' S9L\\ C20 S=.0034 I I I \I 00 00 G H NOTES: 1. REFER TO EXISTING SEWER AND LATERAL CONNECTION SCHEDULE ON SHEET C204 FOR ADDITIONAL INFORMATION AND DATA. 2. THE 42"0 SEWER DROPS 15t FEET BETWEEN MH R10-1 AND MH R01-23. THE CONTRACTOR SHALL USE CAUTION WHEN WORKING IN THIS AREA. 3. CALL 1-800-424-5555 48 HOURS BEFORE YOU DIG. NO REPRESENTATION IS MADE AS TO THE EXISTENCE OR NON—EXISTENCE OF ANY UTILITIES. PUBLIC OR PRIVATE. ABSENCE OF UTILITIES ON THESE DRAWINGS IS NOT ASSURANCE THAT NO UTILITIES ARE PRESENT. IF BURIED UTILITIES ARE SHOWN, THE LOCATION AND DEPTH ARE APPROXIMATE ONLY. THE EXACT LOCATION AND DEPTH OF ANY UTILITY SHALL BE DETERMINED BY THE UTILITY COMPANY PRIOR TO ANY EXCAVATION. 4. REFER TO SPECIFICATION SECTION 15072 FOR HIGH DENSITY POLYETHYLENE (HDPE) PIPE SLIP LINING_ 5. FOR ORIGINAL CEDAR RIVER TRUNK AND ITS FLOW CONDITIONS, REFER TO "CEDAR RIVER TRUNK - SECTION 1" AS BUILT PLANS, AND ' THE INSPECTION VIDEO TAPE. 6. DURING THE HDPE SLIP LINING PROCESS. THE CONTRACTOR SHALL ANCHOR THE PIPE TO PREVENT IT FROM FLOATING. �O'b' y .110 �S P 9"`j(3() s�Q I O 00 co TYP EX 10* LJ Z EASEMENT m r' J z� e� ��� � � G�OP� I x z Z o a 9, ��� i a N Z DATE: OCT 95 NGr J� W� 8 DESIGNED: h f f � m T E ■ R O Municipality of Metropolitan Seattle i pf ABy� 3 a�B� V�V�Of AShR !` �O �. jam` "coy M-LT/DJB DynMN; -ql CHECKED: scxE: — ORIGINAL CEDAR RIVER TRUNK FILE NO G4: \` D w -'A7 REHABILITATION 2 2 p ag _ �a`r� Lgp w��NED:mac" raOTED ALIGNMENT PLAN DRAMMG C201 s'-1 .�c l�SroN AvanovE� coNrau r No: W •Af 1-96 STA 0+00 TO STA 19+80 SHEET No. 13 O° 16 ExVK45 2 27/ E—RES 8 1} 4)__ +aY�,v�ri•' :y� . -y !. K : a.•' .,,ib�,�" �'•7 s?-sr'a i y�.F�'r`r�K..vc RT.r'L+wG.4.+ilf��i�7-Y` .�_.Y�/ '+..iC+• S Y��'. ; g r �. .,r• v-Y'W r2 ,yp. .' '- �.''h..%'ord=d" .e:.*,.. 2 z , .i�+'.%irS, 4r rt=4 ,y �„rt)TILI :''f` �►SCL ' ti +may',• r TI-.Cl OFs81t`ttbit► a swniCi�3i3r:COtcp6isr�o�"'Of a 'a ond Cla-As uude Clt t an% �'Yi •tih,�:. �ls'€'���,r�� ' �±`• ._ •? ,,+-, luws and ■ta•utes'of the State of.Vashin ton�`6oreliis'itAr.referred to as 'Cranrot' in oonsa.irrat+un nf. the Puu tf 0ae Dollet iad otLet geol and valnshle cona3cucotiG_.,~*s ' cite rccelpt of a:iich is hereby acknowt6d&d; .dots by these prey Its, cow, +_ Ar(I K amr 7 uat:: tbP ?1PVIrlo1 ::; OF hFldOptLLTA S2&1Tt..�-'4d.Wa+nin;;ton Corpo arign and Its r to{lit �. an aasc;,.m for the p.irposr• of installing, conscrueting, operstin;;, m.r1n7: to tn,;, rcoovint, rcpaiilr,�, r plueInfind usin « .ov,r line with all cr,%ricct waghylNs Znd_app�rt� t+nca Cncreco, to eth r w di the ri};ht of th,i-aforescaced pu:pusca, c:,, frJa,, across, alongtinder and ir. the foilo _tp a: trrscriha.i. p:oporry.aituated.io Ronton, .11na.Cotinty,.:,taC of,aashinbtnn, tc-s . A parse! -of :1•ind .10 feet wide, i>ctng 5 Fest i^ W1.16, a, •• 0. ;rdr o. :.t,= - - ••t•, loser ir.-.: tntcr: line therto!, Bald cent or line "bei.lg even p.cti :nl ysginntn,} pc n point ca the South- ..tr, r: _ :15h=+ay No-'5 .(K1Pla'V.+llc; Aoed)_nwettr•riv th+ rvt:: 30 .- t- frexi.;.hp those aa4t_:.' cu;:rcr of -Coder,. 'ex Pork as •,s-:° %)$.. Condertr-it'-on Courz Ord. r NO. 44030is, r t-.i :lpr t l 17, 1. ri•- o`_f'c, of ... l^.d C�t.tY._Clrri; %henen S 47`�30'1' n 17_ .ot.l; i fine , t;7°43'14'^t: 455.90 tort; rhaoce ?JCS°24'3b' R 3_0._. "• - t^ 72'30'():,.' it 324 feat more or le_ss,tC tt*z Paster:, ripht..ui .>y No. 1 G cntar,:hr.escr, rr,ervee and ratciac all. rt,;h�, tit_ ,t:ad — nay L•: use e atd s -t ,i 7uuc latrr?c_'..ig v;jL tfir .r..:e�: r.t Fl;;�t� :.1-• ,. _ ac•_Y.', _ ..�:ei31:f_� t:i_'-of2.nr-s:a.as ia,e•vitt+in`eeidtrs�aent-.—•----._ -. ��-;i.:_ F ', n i:ratittc,'.tts-Y1:_ADSsur.t aa:i ..satgns, t•rc'• a;;tr:e 'a ad co- caa:a_. a.n ;pens -, t� tadeantiy any save- harml_S.: the 1 'y of itartcr ,�• _ K ail dssgas, jAkmenC , cost, elate., expenKes, cause of action and 2. ktnd or n.tu a which may .arise and result ov ,eazzon f or in con>equrace ut c•r in ti cuaa..ttion:.>+ita.r:_ SnScallaCiu-1, cCnsctucclo.t, aata_euauca or use of sa,a ucil!ty an,f G:attec t.• ,4•: tbet d ieai any •sact .• a, ..:.oa of claim a:it;cur cult cr, - "t• a s� ii ¢cpers, -_c 1111,1 City, of R'nto:t. 1 t r Reference is hzreby made to those certain eoatract 'documents entitled r :1?tru Coocract �?a 6' an' piag:aphs M C, 06, 09 C .20 (schedule 2), and `> par.cgrapn t,1are uereb_ iva urpcsc�a e -•[o_b _►souse + - A --and Dade-&'Part of-thi• Ltilicf F.ceaaatts�ths aiaisrla ze�ri._Went_ ,:. y o+, ,�raaree a Contrucco in�avc t_ o° zed; fotitQ"benefit of the City of Renton.Aa r q-sijufz�r� • 4 ,� ��s .r. .- - ! '.aa1.� it';•� "sz `� � !'••�r f.::r1.' ..,Y�rr�..�i3 ;� t�y � _ ,� I �tajl ��.rr.']. �� � r'.�':-S%`.4�7� :�. .. a.r � - - `$.�W�.i�a�J.._ -... ..__ , , _._cY.'.6► BY cc,,=jqsjoatl all th stated in the WerL 2- EEL AA wr � l�� PnwTZ►L• r lirlt.trr r.5dexwlr' , w'nlct .1 Cuf tatlen.uf 111eeueutid' gl„om,.lwlea ' INS CiTT fiP 11'.tl1pC, .,p•. 1'u . I.• L4143 ..ml 111;MCe4 of rnn'atatr of. Mrs,.111poe,+h'uretnatter ietercea tol,as,'grantor"', .. f lei 1lnna tder■Llolt of Chu iuw of Una lll+ib:r ■nti 'other, ceod ■em Valwaelo C011/ldedtlon, i�'. tb,• trcaipt of whtcb I i< brroby. otkunyladj4 ;:.166 by,-iht/n pit!ists.ererey and Erent •, • ':..;�• •yeti,:,;: ^,r,;...:... - ,. ' 1 coca fief xuxn:rl',ll.l'n o►• xt:r•I,tcll.trali 9ra'rn,h,'1•Ilwi111ne[dn'Cstrpa[atin. and tie for rhf p,,,•l.r.::. of in.ta l,Itnm, :nn.rM.rNng, .nissreetwm, u7n. sl nl na n t rem J4.11 r yotrtnr.l %••ploALno gall irvsr lira with all eineNtises, s1ss31elss rt{ I oa,t ,.rp,,: ae+wn,.v■ tt, —LO, LusreLe, .Ltl. rh. ifa6L Of'laireu 'gad morose for -the �+}• dturesedtea p"rpua•'+, in,•frow, ar.fu■e,'aLoll enoet and 14 tho following oilaaribed prupert e!Laetal Ire reason, King Cour.s;, :tpcu of WullfuScon, to -wit; 1 t parcel ut land.l0 fret to width, being S fact wide on mach elde of tla concar ling th.rtof, asld.eantrt 'tins bring note oarttoolatrlr I :c:e:lh.d a■ falln.s: Err.tanfa@ at I.polo►'an the ebat itno of m 11C01A■On Wily, Cit1' of Mitllell.' ,S1/taat.:thereon II'ag 39'26". E19.11, 'rq•• .� 1'e►.t from ,h1• lntarrattlnei`jhor:nf wlth'•eha enter ltna of. 71rst•' '1Fu4 wv.mla Not[h,'arr«rM n.l a■nithaa err arly;t:.ince. 9 Me01140w 1! .•dtsiswr•• .. i• �f • of 130,.>l6 !•.gel ehr.+ew a• 47o0012/,,� r. . at.s,wa, of 400.39 fast; pair. or less, to Lho ..at ttna at Ileueor war. ""ojC �•y t..• Gl nnwt. Lve.w.L, r.sa rvs a!' rrts l:u ell right, ci(lt! and Utreeest VhLdt .': �i.,: ?�'{�M• ' til) f nay no used and enjoyed .LuwuL l9Larterin= with th'e eaoeswnt strati earetn Conveyed, t oCLuaing 1ua of tha Lurtsca t.nd wtthtn a,td .cAl"Ant. °;'•, fji'�" Grantee. I.ta sueaee■or/'and assllns, hare6t agree and cov■nsot. at 1[I ovC' .�" %.; �1iiMt `•! 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CVVrj%idt-.AnJ "gro"k rastoi8clou"air out Vf Ills I If I.... a, so I en cle ea"o-rucclan ark wil.lain.kbis 04sio"Ilt stem. -c.:,I and all aueh'reltsrativu 4wck shAll vstluirs ;4 Lh.%* I tt-V L +r' .0 e.460.1,p I.I. Otitipe to• 1. 7 !L Ll," 101401,V14i, A.) of tiran&,Or. J1111,111 th; LUMLLy 174114, (,raktor.'S tiut8t wll. tacilLtid& And dwivmto.�g or. .,I th. I I W to f -iq t4mfrgs*itt-s`,so4 dtrtcttvqs of Griwatole. ClIv Ut ftm,11CIPd corporatLou:.�,1>`rf q BY WAY r • 411 ty Qr n! 43 ,-Y, of 42, CA-6 wititivaigned.'i",Posary rft Its 1.1 244,j for al..! W**bI%qVwt%, 4 Ly FIAM . S J%LIMLV'i and )IZ Uillt 1`114"UM, Cc di: Krim :to' is Cbe k . yjr 'jjnd'Ctiy Clara rRojimist;v*� lr at tha CIty.rt! NotIC06'. d.;aCIUIGwIQd3dJ CA '$o act' -a"; .deal of sold 6nwr Lpn 00 0 t Ai'BeAl ..tharlawd to: I�iiilfo -twi 89W 68 r1*6t,da,1�4i jktjkcLd that they w.w. 4 t C."witim.'a I al'.14AM, carl'.1r,stl Uttr.ti Afft—d, 05 0. d Y,, a I,J, f.1 r t , .-MEN 114060.•.SIOW soca, F T Opax.,,., WIT SA ?4 T' A 12 1 Ld C /C z:TtSZ SU 9K ^AS3S ISM IIANd Sr:91 L6-tl-C 37111 1 N DI3IJV8:A2 INIS CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM DATE: 10-Jan-97 TO: Dave Christensen FROM: Lisa Stephens, ext. 2504A- SUBJECT: CAG-96-149 A signed original copy of the Conveyance of former Metro 42" Sewer Pipeline to the City was sent to Mr. Stan Hummel at King County today. enclosure (1) CAG-96-149 King County Department of Natural Resources Yesler Building 400 Yesler Way, Room 700 Seattle, WA 98104-2637 (206) 296-6500 November 21, 1996 Gregg Zimmerman Director Planning/Building/Public Municipal Building 200 Mill Avenue South Renton, Washington 98055 Works Department DEC - 3 1996 CITY OF R%', ,-ON PUBLIC WORKS ADPON. Re: Conveyance of a Portion of King County's Cedar River Trunk Sewer Pipeline to the City of Renton Dear Mr. Zimmerman: Pursuant to the terms of the Memorandum of Agreement ("MOA"), dated June 6, 1991 executed by the City of Renton and King County's predecessor, the Municipality of Metropolitan Seattle, the County has constructed and as of July 1996 placed in service the relocated Cedar River Trunk sewer pipeline. The County has also completed construction of the local sewerage improvements identified in Section 5.2.1 of the MOA as part of the Phase III construction project. The City is now obligated to reimburse the County for the design and construction costs of the local sewerage improvements pursuant to the terms of the Memorandum of Agreement. As clarified in Dave Christensen's letter dated August 21, 1995, the local sewerage improvements consisted of sliplining the existing 42-inch line from Cedar River Park through Liberty Park to the reconnection with the interceptor at North 1st Street and Burnett Avenue North. The County bid as a separate schedule the sliplining of the existing 42-inch line with a 12-inch pipeline. The City shall pay the County $314,951 for design and construction costs, said amount and method of payment having been determined as provided in the Memorandum of Agreement. The costs are outlined in an attachment to this letter. Upon acknowledgment of this letter as provided below the City will assume ownership and total responsibility for operation and maintenance of the Cedar River Trunk, Section 1, from .M� Manhole R10-1 to Manhole R10-10 and the 42-inch pipeline section between Manhole R01-23 and Manhole R10-1 as identified on County Contract # W/Ml-96 Drawings Nos. C201 to C204 inclusive. Reproducible as built drawings for this sewer line will be provided under separate cover. Following said assumption of ownership and responsibility for operation and maintenance the City will indemnify and hold harmless the County from and against any and all claims, litigation, demands and suits arising from or occasioned by operation , maintenance, or replacement of the sewer. The County will retain responsibility for the repair or replacement of certain items constructed and placed under warranty by it's contractor while the warranty remains in effect. The Mayor's countersignature below indicates the City's acknowledgment of the approval of the terms. Please return one countersigned copy of this letter to the County to the attention of Stan Hummel. Very Truly Yours, Pam Bissonnette Director, Department of Natural Resources Acknowledged and Approved Jesse Tanner Mayor, City of Renton cc: Dave Christensen, City of Renton Stan Hummel, NR ATTEST • ' ��%/ /� Marilyn tersen, City Clerk CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 12, 1996 TO: Mayor Jesse Tanner FROM: Gregg Zimmerman, Administrator G 0 Planning/Building/Public Works Department STAFF CONTACT: Dave Christensen (X-0*12) SUBJECT: Conveyance of Former Metro 42-inch Sewer Pipeline to the City ISSUE: As part of the City's agreement with King County (formerly Metro) for the expansion of the East Division Reclamation Plant, the County agreed to relocate its Cedar River Trunkline away from the City's well field in Liberty Park. In order to accommodate the relocation, the City agreed to pay all costs associated with the re-establishment of local facilities that were connected to the former County facility. RECOMMENDATION: It is Planning/Building/Public Works Department's recommendation that the Mayor sign the attached letter agreement with King County for the conveyance of a portion of their former Cedar River - Trunkline to the City of Renton. BACKGROUND SUMMARY: In June of 1991, a Memorandum of Agreement was executed between the City and Metro (now King County) relating to the terms and conditions of the current expansion of their treatment plant in Renton. This agreement covered various items including direct mitigation such as wetlands acquisition, permitting timelines, and conditions for the expansion. It also included a list of projects that Metro agreed to perform as a condition of the agreement. One of the projects included was the Cedar River Trunkline Relocation. The primary purpose of this project was for Metro to relocate its existing 42-inch trunkline away from the City's well fields in order to reduce the risk of contamination of our water supply in the event of a pipeline break, or in the event of long-term leakage as the existing facility ages. The existing facility ran within 20 feet of our wellhouse in Liberty Park. The relocation of the Metro facility from within Cedar River Park and Liberty Park to the North Third Street corridor left the existing City facilities (within the parks) without a sewer conveyance line. As part of the original agreement, Metro was required to design and construct a replacement Mayor Jesse Tanner Conveyance of Former Metro 42 Inch Sewer Pipeline to the City Page 2 facility for local connection of the City facilities. The City is required to pay, all costs associated with the relocation (Sec 5.2.1). King County and the City worked cooperatively to determine a solution that would have the least impact on our park facilities, meet the design needs for the reduced flows, and be cost effective. The product of this effort was to insert a smaller (12 inch) line within the County's existing 42 inch facility that was to be abandoned as part of relocation. This process allowed us to only have to excavate at two locations in order to install the pipe, thus minimize the disruption. All work has been completed and accepted by the City. In addition, we have reviewed the total cost of the project. We find the costs to be very reasonable and within normal predicted costs for this project. The Wastewater Utility budget for 1997 through 2001 includes funding for this project. This payment schedule is as allowed in the Memorandum of Agreement executed with Metro in June of 1991 (Sec 5.2.3). Section 5.2 from the Memorandum of Agreement is attached for your reference. H: DOCS :96-851: DMC: ps CC: Ron Olsen 4 CONCUR 8ENCI: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 12, 1996 TO: Mayor Jesse Tanner FROM: Gregg Zimmerman, Administrator Planning/Building/Public Works Department STAFF CONTACT: Dave Christensen (X-6212) PAIMrifflim"M SUBJECT: Conveyance of Former Metro 42-inch Sewer Pipeline to the Cite ISSUE: As part of the City's agreement with King County (formerly Metro) for the expansion of the East Division Reclamation Plant, the County agreed to relocate its Cedar River Trunkline away from the City's well field in Liberty Park. In order to accommodate the relocation, the City agreed to pay all costs associated with the re-establishment of local facilities that were connected to the former County facility. RECOMMENDATION: It is Planning/Building/Public Works Department's recommendation that the Mayor sign the attached letter agreement with King County for the conveyance of a portion of their former Cedar River Trunkline to the City of Renton. BACKGROUND SUMMARY: In June of 1991, a Memorandum of Agreement was executed between the City and Metro (now King County) relating to the terms and conditions of the current expansion of their treatment plant in Renton. This agreement covered various items including direct mitigation such as wetlands acquisition, permitting timelines, and conditions for the expansion. It also included a list of projects that Metro agreed to perform as a condition of the agreement. One of the projects included was the Cedar River Trunkline Relocation. The primary purpose of this project was for Metro to relocate its existing 42-inch trunkline away from the City's well fields in order to reduce the risk of contamination of our water supply in the event of a pipeline break, or in the event of long-term leakage as the existing facility ages. The existing facility ran within 20 feet of our wellhouse in Liberty Park. The relocation of the Metro facility from within Cedar River Park and Liberty Park to the North Third Street corridor left the existing City facilities (within the parks) without a sewer conveyance line. As part of the original agreement, Metro was required to design and construct a replacement Mayor Jesse Tanner Conveyance of Former Metro 42 Inch Sewer Pipeline to the City Page 2 facility for local connection of the City facilities. The City is required to pay all costs associated with the relocation (Sec 5.2.1). King County and the City worked cooperatively to determine a solution that would have the least impact on our park facilities, meet the design needs for the reduced flows, and be cost effective. The product of this effort was to insert a smaller (12 inch) line within the County's existing 42 inch facility that was to be abandoned as part of relocation. This process allowed us to only have to excavate at two locations in order to install the pipe, thus minimize the disruption. All work has been completed and accepted by the City. In addition, we have reviewed the total cost of the project. We find the costs to be very reasonable and within normal predicted costs for this project. The Wastewater Utility budget for 1997 through 2001 includes funding for this project. This payment schedule is as allowed in the Memorandum of Agreement executed with Metro in June of 1991 (Sec 5.2.3). Section 5.2 from the Memorandum of Agreement is attached for your reference. H: DOCS:96-851: DMC: ps CC: Ron Olsen Plant and long-term benefits to the City, which shall be deemed to help mitigate potential future enlargements of the Plant. SECTION 5. SYSTEM IMPROVEMENTS 5.1 Improvements Identified. System Improvements include the following Metro projects: Cedar River Trunk Relocation; May Valley Interceptor Extension; and Cascade Siphon/Footbridge. These projects are subject to separate permitting and environmental review processes. Other projects may be added by mutual written agreement of the City and Metro. 5.2 Cedar River Trunk. 5.2.1 Preconstruction. Metro will initiate preliminary design for the relocation of its Cedar River Trunk sewage line, which currently lies within the City of Renton's Sole Source Aquifer Protection Area. The project will include reconnecting all City and — private sanitary sewer lines to the relocated Cedar River Trunk line. Metro will also design and reconstruct the City storm line in Cedar River -Park that is bisected by Metro's current Cedar River Trunk. Metro will prepare a predesign report that meets WDOE engineering report requirements, and Metro will conduct a project -specific SEPA process. Metro will complete final design, obtain City and other agency permits as required, and coordinate the project with Metro's I-405 "S" Curve Project. 14 Construction. Subject to environmental review and 5.2.2 permitting, Metro will relocate its trunk line along alignment to be determined following predesign an studies and environmental review. Metro will also and construct the local sewerage facilities, design described in section 5.2.1. If required by the as alignment selected, Metro will obtain necessary easements from the Burlington Northern Railroad. has included this project in its Capital Metro Improvement Program budget. The City agrees that of local permits, including City expedited review construction and utility permits, is required to complete this project in accordance with the schedule in Exhibit A-2. The City shall in good faith, and in the exercise of its statutory J authority, use its best efforts to facilitate and not hinder Metro's ability to begin construction in accordance with the schedule in Exhibit A-2. Cost. The estimated total cost of this project is 5.2.3 $2,600,000, which will be borne by Metro, except that the City shall reimburse Metro for design and construction costs associated with the local facilities improvements described in .,;} •,� J , S sewerage Reimbursement shall be made in lve ^ 0 ��, � section 5.2.1. ( 5 ) equal annual installments of principal and \_ interest beginning twelve (12 ) months after completion of construction. The interest rate or 15 each year shall be the rate first published that year for the Bond Buyer 20 Bond index. Interest shall commence at' the date of completion of construction. The City, at any time after Metro completes construction, may complete its reimbursement by paying off the principal balance and any interest due. 5.3 May Valley Interceptor Phase I. 5.3.1 Preconstruction. Metro will finalize planning and conduct preliminary and final design. Metro will obtain City and other agency permits as required. ,The City will act as SEPA lead agency and will A.prepare a project -specific environmental review for the project. 5.3.2 Construction. Subject to environmental review and permitting, Metro will install 5,400 to 6,000 feet of 24 inch sewer line from existing Metro wastewater treatment system facilities to a point near the confluence of May and Honey Creeks. The exact connection points will be identified following predesign studies and environmental review. The project schedule is included in Exhibit A-2. 5.3.3 Cost. The estimated total Metro cost of this project is $1,700,000. No City funds will be used to finance Phase I of this project. 16 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 11, 1996 TO: Mayor Jesse Tanner FROM: Gregg Zimmerman, Administrator Planning/Building/Public Works Department STAFF CONTACT: Dave Christensen x-6212 SUBJECT: Conveyance of Former Metro 42-inch Sewer Pipeline to the City ISSUE: As part of the City's agreement with King County (formerly Metro) for the expansion of the East Division Reclamation Plant, the County agreed to relocate its Cedar River Trunkline away from the City's well field in Liberty Park. In order to accommodate the relocation the City agreed o all costs associated with the re-establishment of local facilities that were connected to the form �ac"ility. RECOMMENDATION: • It is Staff's recommendation that the Mayor sign the attached letter agreement with King County for the conveyance of a portion of their former Cedar River Trunkline to the City of Renton. BACKGROUND SUMMARY: In June of 1991 a Memorandum of Agreement was executed between the City and then Metro relating to the terms and conditions of the current expansion of their treatment plant in Renton. This agreement covered various items including direct mitigation such as wetlands acquisition, permitting timelines and conditions for the expansion, and it included a list of projects that Metro agreed to perform as a condition of the agreement. One of the projects included,was the Cedar River Trunkline Relocation. The primary purpose of this project was for Metro to relocate its existing 42-inch trunkline away from the City's well fields in order to reduce the risk of contamination of our water supply in the event of a pipeline break or in the event of long-term leakage over time as the existing facility aged. The existing facility ran within 20- feet of our wellhouse in Liberty Park. The relocation of the Metro facility from within Cedar River Park and Liberty Park to the N. Third Street corridor left the existing City facilities within the Park's without a facility. As part of the original agreement, Metro was required to design and construct a replacement facility for local connection of the City facilities and the City is required to pay all costs associated with the relocation( 596 2• , December 10, 1996 Page 2 King County and the City worked cooperatively to determine a solution that would have lst impact on our Park Facilities, meet the design needs for the reduced flows, and be cost effective. The product of this effort was to insert a smaller (12-inch) line within the County's existing 42-inch facility that was to be abandoned as part of relocation. This process allowed us to only have to excavate at two location in order to install the pipe thus minimizing the disruption. All work has been completed and accepted by the City. In addition, we have reviewed the total cost of the project and find the costs to be very reasonable and within normal expected costs for this project. The Wastewater Utility budget for 1997 through 2001 includes funding for this project. Thies payment schedule is as is allowed in the Memorandum of Agreement executed with then Metro in June of 1991 F:FZD ISSUE.DOT IC/ --Ste( King County Department of Natural Resources Yesler Building 400 Yesler Way, Room 700 Seattle, WA 98104-2637 (206) 296-6500 November 21, 1996 Gregg Zimmerman Director Planning/Building/Public Works Department Municipal Building 200 Mill Avenue South Renton, Washington 98055 Re: Conveyance of a Portion of King County's Cedar River Trunk Sewer Pipeline to the City of Renton Dear Mr. Zimmerman: Pursuant to the terms of the Memorandum of Agreement ("MOA"), dated June 6, 1991 executed by the City of Renton and King County's predecessor, the Municipality of Metropolitan Seattle, the County has constructed and as of July 1996 placed in service the relocated Cedar River Trunk sewer pipeline. The County has also completed construction of the local sewerage improvements identified in Section 5.2.1 of the MOA as part of the Phase III construction project. The City is now obligated to reimburse the County for the design and construction costs of the local sewerage improvements pursuant to the terms of the Memorandum of Agreement. As clarified in Dave Christensen's letter dated August 21, 1995, the local sewerage improvements consisted of sliplining the existing 42-inch line from Cedar River Park through Liberty Park to the reconnection with the interceptor at North 1st Street and Burnett Avenue North. The County bid as a separate schedule the sliplining of the existing 42-inch line with a 12-inch pipeline. The City shall pay the County $314,951 for design and construction costs, said amount and method of payment having been determined as provided in the Memorandum of Agreement. The costs are outlined in an attachment to this letter. Upon acknowledgment of this letter as provided below the City will assume ownership and total responsibility for operation and maintenance of the Cedar River Trunk, Section 1, from �01 Manhole R10-1 to Manhole R10=10 and the 42-inch pipeline section between Manhole R01-23 and Manhole R10-1 as identified on County Contract # W/M1-96 Drawings Nos. C201 to -C204 inclusive. Reproducible as built drawings for this sewer line will be provided under separate cover. Following said assumption of ownership and responsibility for operation and maintenance the City will indemnify and hold harmless the County from and against any and all claims, litigation, demands and suits arising from or occasioned by operation , maintenance, or replacement of the sewer. The County will retain responsibility for the repair or replacement of certain items constructed and placed under warranty by it's contractor while the warranty remains in effect. The Mayor's countersignature below indicates the City's acknowledgment of the approval of the terms. Please return one countersigned copy of this 'Letter to tie County to the attention of Stan Hummel. Very Truly Yours, Pam Bissonnette Director, Department of Natural Resources Acknowledged and Approved Jesse Tanner Mayor, City of Renton cc: Dave Christensen, City of Renton Stan Hummel, KCDNR King County Water Pollution Control Division Deparunent of Natural Resources 821 Second Avenue Seattle, WA 98104-1598 December 3, 1996 Dave Christensen Planning/Building/Public Works Department Municipal Building 200 Mill Avenue South Renton, Washington 98055 RE: Conveyance of a Portion of King County's Cedar River Trunk Sewer Pipeline to the City of Renton Dear Dave: Enclosed is the attachment to the letter dated November 21, 1996 from Pam Bissonnette to Gregg Zimmerman. This attachment was referenced but I don't believe that it was included. If you have any questions or concerns, please give me a call at 684-1844. Best Regards, Stan Hummel Water Quality Engineer Enclosure CLEAN WATER - A SOUND INVESTMENT ATTACHMENT A DESIGN & CONSTRUCTION COSTS FOR REHABILITATION OF THE CEDAR RIVER TRUNK TOTAL CONSTRUCTION COST $2779820.00 TOTAL LABOR COST FOR DESIGN & CONSTRUCTION MANAGEMENT $373131.87 TOTAL $3149951.87 KING CC31N'f OEPT. OF ME740POUTAN SERVICES 931 SECOND AVENUE 3EATTLI; WA_SHINGTON 99104 CONSTRUCTION PROGRESS REPORT MONTH OF AUGUST 1909 Contrwto, TH-8tate C.-Duatbn Conw.ot No.: W/M146 TM.: C.Ar River Tn"* P-1.0 Total Bid: 31 r395,971 .00 Campl.tfon Data: Msroh 1, 1907 Dens: 3eplentbr 1, 1906 CONTRACT %COMP. TO DATE PREVIOUS PREVIOUS CURRENT CURRENT PHASE 3-0ESCRIPTICN AMOUNT TO DATE AMOUNT % AMOUNT % AMOUNT MaOal¢ason $64,028.00 100.00% 554,028.00 100.00% $54,M8.00 0.00% $0.00 Suonr0als $7.000.00 100.00% $7,000.00 10C.00% $7.000.00 0.00% S0.o0 Sw.y a Se Bement Pants 38,000.00 100.00% Sa,D00.00 100.00% 58,000.00 0.00% $0.00 Paslale Ulim" $6,396.00 100.00% $6,396.00 100.00% $6,39500 0.00% 50.00 Bon Pit 0.80 S25,OW.00 100.00% $25,000,00 100.00% $25,000.00 0.00% $0.00 Ban Plt 2.60 M5,000.00 100.00% 525,000.00 100.00% 525.000.00 0.00% $0.00 Bore Pit 10.50 $25.000.00 100 00% M5,000.00 100.00% M5,000.00 0.00% 50.00 Bar. 0.80 >0 1.40 $25,575.00 100.00% M5.575.00 100.00% sz. /5.00 0.00% 50.00 Bon 2.50 m 7.40 3227,850.00 100.00% S=7,850.00 100.00% 5227,350.00 0.00% $0.00 Bon 10.50 to 12.80 $106,960.00 100.00% 3106,950.00 100.00% $106,40.00 0.00% $0.00 IrwW a Grout Caw" Mp. $131,750.00 100.00% $131,750.00 100.00% $131,750.00 0.00% $0.00 ineteg MH, 72' Oi-w 866.880.00 100.00% 366,a80.0o 100.00% $66,880.00 0.00% 50.00 Inwad 47 Ptpe 8 BadrtM M95,900.00 100.00% 5295,900.D0 100.00% 5295,900.00 0.00% S0.00 T.st PO* $9.415.00 100.00% $9,415.00 100.00% 59,415.00 0.00% $0.00 Aspnett rmiDraocn 528,380.00 100.00% 328,a80.00 100.00% S2B,380.00 0.00% $0.00 Concrete Rwrtomon 59,320.00 100.00% $9,320-00 100.00% $9.320.00 0.00% $0.00 L-dscap. Reatarmcn $10,690.00 100.00% $10.690.00 100.00% $10,690.00 0.00% $O. CO Cleanup $13.425.00 100.00% $13.425.00 100.00% $13,425.00 0.00% $0.00 As auks $1,500.00 100.00% $1,500.00 0.00% $0.00 100.00% 81,500.00 Punch Est 53,000.00 100.00% 53,000.00 0.00% $0.00 100.00% $3,000.00 Trench Etaysson &dsly System Sa,o00.00 100.00% 58,000.00 100.0C% 58.300.00 0.00% $0.00 Subtotal Ph-. 3 $1,088,559.00 100.00% S1,0a8,559.00 99.59% S1,0a4,05a.00 0.41% $4, 500.00 Chang. Order. (PWC.) PWC4001-Rencve" under I-406 $a, 23121 100.00% Sa,93121 0.00% $0.00 100.00% $a.93121 PWC4002-Defer concreb cc&- t32.388.00) 100.00% t7$z 8.0C) 0.00% $0.00 100.00% 12,368.00) PWC4003-GtamN MH R/O.7A $1,100.00 100.00% $1.100.00 0.00% $0.00 100.00% $1,100.00 PNC4004-Caron u¢1 54, 254.23 100.00% 54.85423 0.00% $0.00 100.00% $4.a5423 PVMCJOOSR_ m I. ntawr" was $1,170.46 100.00% $1.170.45 0.00% $0.00 100.00% $1,170.46 P`MC400SRemwe tarns. rlUsernem 53,76218 100.00% 53,762.18 0.00% 50.00 100.00% $3.76218 Total Phew 3 $1. 106,008.07 100.00% $1.106.008.07 98.02% 31,384, 358.00 1.98% 521,950.07 CONTRACT %COup. TO DATE PREVIOUS PREVIOUS CURRENT CURRENT PHASE 38-OE-SCRIPTION AMOUNT TO DATE AMOUNT % AMOUNT % AMOUNT Mahltzasm $15,570.00 100.00% $15.570.00 100.00% $15.570.00 0.00% $0.00 TV Line 58,360.00 100,00% $8,360.00 100.00% 58,380.00 0.00% $0.00 Cea1 Etissng Li» $3,300.00 100.00% 33,so0.00 100.00% $3,300.00 0.00% $0.00 I-ection Ptt 525,6w.00 100.00% $25,600.00 100.00% 525,600.00 0.00% $0.00 12" HOPE Irlstallason 3148.200.00 100.00% 5148,200.00 100.00% 814a200.00 0.009E $0.00 Cam.G Side Sewers 57,000.00 100.00% $7,000.00 50.00% 53,500.00 50.00% $3,500.00 Cr(KA 538,000.00 100.00% $38.000.00 0.00% 50.00 100.00% 538,000.00 MH R.Morabon $20,000.00 100 OD% 520,000.00 100.00% 520,000.00 0.00% $0.00 Tastk" $1.900.00 100.00% $1,900.00 100.00% 21,)00.00 0.00% $0.00 Ialdsuq. Rwtorman $8,000.00 100.00% $8,000.00 90.00% $7,200.00 10.00% 5800.00 C.a1up $11,990.00 100.00% S119W.00 75.00% S8,9W_50 25.00% $2,997.50 As-8ulb $1,000.D0 100.00% $1.000.00 0.00% $0.00 100.00% $1.000.00 Punch List $3.000.00 100.00% $3,000.00 0.00% 50.00 100.00% 53,000.00 Trench Etcavasm Safety Systan $15.000.00 100.00% $15,000.00 100.00% 515,000.00 0.00% $0.00 Subtotal Phase 38 SM7,420.00 100.00% 5307,420.00 83.96% 5258,12250 16.04% $49297.50 Change Orders (PWC.) PWC4007-R.ka ft parson prt 54,81M.00 100.00% 54,300.00 0.00% $0.00 100.001% 54,WO.00 PY4C4009-Deism grausng of 42' ;517,4C0.0;,) 100.00% ;537,400.Ci5) 0.00% $0.00 100.00% (337,40C.00� PWC4010-Replata'M.so'!id. dh 'Sewer lid iiiRka100.00% S3,0o0.00 0.00% SO.30 100.00% $3.000.00 Toul Phase 38 5277,620.00 100,00% 5277,320.00 92.91% $258,'22.50 7.09% $19, 597.50 GRAND TOTAL 11,383,828.0 100.00% $1,383.328.07 96.39% 11,3A2,180.50 3.01% $41,647.57 Total Eames to Owe 11,383,828.07 Toul E-.d this E amme L. ee R.twnag. (5%) $41,647.57 (52,082.38) T WSST'+99.2% 53,415.10 / Total Due this Estknam 542.9110.29 Dal. Recommended'or osvment-KCCMS Rse.dant Engne.r 0 Marwgng E,9rwr, C wrtr *m Owe G0S Project ;iProiect Desc. 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 423111 CEDAR RIVER PH3 PROJCHK 09/12/1996 10:41 AM Ub PF��7!UNKNOWN Center CoastCenter besc: .o_ Account No: Account~Desc !UNKNOWN 51110 Salaries -Regular !UNKNOWN 51110 Salaries -Regular !UNKNOWN 51110 Salaries -Regular 2243 !UNKNOWN 51110 Salaries -Regular 4383 !UNKNOWN 51110 Salaries -Regular 4383 !UNKNOWN 51110 Salaries -Regular 4385 !UNKNOWN 51110 Salaries -Regular 4385 !UNKNOWN 51130 Salaries -Overtime 2213 !UNKNOWN 51160 Paid Time Off 2213 !UNKNOWN 51160 Paid Time Off 2213 !UNKNOWN 51160 Paid Time Off 2243 !UNKNOWN 51160 Paid Time Off 4383 !UNKNOWN 51160 Paid Time Off 4383 !UNKNOWN 51160 Paid Time Off 4385 !UNKNOWN 51160 Paid Time Off 2213 !UNKNOWN 51302 Employer Paid Benefits 2213 !UNKNOWN 51302 Employer Paid Benefits 2213 !UNKNOWN 51302 Employer Paid Benefits 2243 !UNKNOWN 51302 Employer Paid Benefits 4383 !UNKNOWN 51302 Employer Paid Benefits 4383 !UNKNOWN 51302 Employer Paid Benefits 4385 !UNKNOWN 51302 Employer Paid Benefits 2212 !UNKNOWN 52212 EDP/Computer Supplies 7200 !UNKNOWN1 53105 Professional Svc 2212 !UNKNOWN 53117 Temporary Help 2212 !UNKNOWN 53806 Printing 2212 !UNKNOWN 55033 Technical Publications 2119 !UNKNOWN 59990 Expense Reclass 2119 !UNKNOWN 59990 Expense Reclass 2119 !UNKNOWN 59990 Expense Reclass 4372 !UNKNOWN 59990 Expense Reclass 4372 !UNKNOWN 59990 Expense Reclass 6110 !UNKNOWN 59990 Expense Reclass 10.00 C2 D A fR R I V C-2 N lc 2 a- � G o C,�i 7" rO� Glad P pc 5LIpC'N'_7 jQRt,Jrc'rT� 37�131. s7 z -7 T Szo . o enod Name (Phase nes AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 AUG-96 rJ2-0T 4-6-T /0 ,-jfhF- 3% C LTD Sl3r �q6 Predesign Implement Design Implement Design Implement Implement Implement Predesign Implement Design Implement Implement Design Implement Design Predesign Implement Implement Design Implement Implement Implement Implement Design Implement Implement Design Implement Predesign Implement Design Implement Sum TOTAL PROJ: Period Balance,. -Actual 0.00 0.00 0.00 0.00 116.32 441.25 0.00 0.00 0.00 0.00 21.12 0.00 80.13 0.00 0.00 0.00 0.00 0.00 35.90 136.17 0.00 168.75 0.00 0.00 0.00 0.00 0.00 0.00 112.08 0.00 0.00 1,111.72 378,973,48 �aiancei Actual LTD Balance 'Actual 0.00 165.96 -86.30 8,466.37 -39.76 1,543.54 0.00 83.41 58.22 58.22 455.67 455.67 8,861.77 8,861.77 687.35 687.35 0.00 25.24 0.00 1.340.77 0.00 240.82 0.00 14.20 82.74 82.74 10.57 10.57 1.609.30 1,609.30 0.00 452.51 0.00 47.43 0.00 2,442.44 0.00 25.03 16.93 16.93 138.86 138.86 2,824.22 2,824.22 0.00 1,004.40 168.75 168.75 0.00 33.75 0.00 240.90 0.00 287.00 0.00 696.00 0.00 2,973.96 0.00 65.24 1,868.59 1,868.59 6.40 6.40 GR 0.00 193.53 FOR of 16,663.31 37.131.87 C;O.V S %2 A - A ej &ik.4 &j 1,279,975.76 1,528,702.45 It i CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 22, 1996 TO: Gregg Zimmerman FROM: Dave Christense SUBJECT: Cedar River Trunkline Relocation Phase III Conveyance of New 12-inch Sewer Main Attached is a copy of a letter from King County acknowledging our acceptance of the new 12-inch sewer that was installed in the former 42-inch Metro line which was relocated as part of the MOA. The purpose of this letter is to identify the final costs associated with our portion of the project, which portion of the system will be the ownership and responsibility of the City's, and to tie it to the terms of the MOA. The total cost for the City is reasonable. We originally estimated the construction cost at approximately $320,000. The actual final construction cost was approximately $275,000. The remaining $40,000 that King County is requesting covers their administrative and engineering costs for this portion of work. This works out to approximately 13% of the total construction cost, which is within an acceptable range, especially given King County's very high overhead rate. Therefore, Wastewater would recommend acceptance of this amount with the requirement that we are given a detailed cost breakdown. We have reviewed and agree with the County on the portion of the system to be accepted by the City. In addition, we have performed our final inspection with the Shop's staff and have accepted the facility. The MOA allows us to finance this amount over five years with the County at the current bonding rate that the County is utilizing. The current Wastewater Capital Program includes sufficient funds for the financing of this project beginning in 1997. Another option that exists is to pay this amount up front. We would need to utilize funds that we are currently reallocating to replacement of existing facilities in the downtown area. If we leave this as it exists, the Wastewater Utility will have no difficulty utilizing the excess funds in its downtown sewer replacement projects. The choice comes down to whether we want to provide some additional rate relief to the customer or utilize the additional funding for the much needed replacement of existing sewer mains. It is the Wastewater Section's recommendation that we continue as outlined in the MOA and utilize any additional funds in our downtown replacement since we have already significantly reduced our program, and we currently are meeting the goals of the Mayor's office. I have asked the County to include additional language that provided the City to go to the County for any work that was covered by the County's warranty for the construction and Stan Hummel is working on adding this language. s In conclusion, with the additional language requested, and the cost breakdown, this letter serves the purpose of transferring the facilities to the City and beginning the process of financial reimbursement by the City. Again, I would recommend that we finance this work over the five year period since it is budgeted and the rate of interest we would be charged will be at least the same but probably lower than we can finance due to the County's versus the City's bonding capacity. Please let me know if this is acceptable to you and if you have any further questions. cc: Ron Olsen H:DOCS:96784:DMC:ps 11-12-1996 10:04AM FROM WPCD DESIGN-CONSTR 20G 684 19S9 r-� November 12, 1996 Post -It" brand fax transmittal memo 7671` # of pages F% • i�'F�t....r.� Co- Co Dept. Phone 11 Fa Gregg Zimmerman Director Planning/Building/Public works Department Municipal Building 200 Mill Avenue South Renton, Washington 9805S Re: Conveyance of a Portion of King County's Cedar River Trunk to the City of Renton Dear Mr. Zimmerman: Pursuant to the terms of the Memorandum of Agreement ("MOA") dated June 6, 1991 executed by the City of Renton and King County's predecessor, the Municipality of Metropolitan Seattle, the County has constructed and as of July 1996 placed in service the relocated Cedar River Trunk. The County has also completed construction of the local sewerage improvements identified in Section 5.2.1 of the MOA as part of the Phase III construction project. The City is now obligated to reimburse the County for the design and construction costs of the local sewerage improvements pursuant to the terms of the Memorandum of Agreement. As clarified in Dave Christensen's letter dated August 21, 1995, the local sewerage improvements consisted of sliplining the existing 42-inch line from Cedar River Park through Liberty Park to the reconnection with the interceptor at North 1st Street and Burnett Avenue North. The County bid as a separate schedule the sliplining of the existing 42-inch line__w a 12-inch pipeline. The City shall pay the County $314,951 for design and construction costs, said amount and methd3 of payment having been determined as provided in the Memorandum of Agreement_ Upon acknowledgment of this letter as provided below the City will assume owners ' d total -pap _dos opon Lsection 31n nL`�ance of the Cedar River Trunk Section 1, from----, le R10-1 to Manhole R10-10 and the 42-inch pipeline between Manhole ROl-23 and Manhole R10-1 as i d on act # W/M1_96 Drawings Nos. C201 to ---- __, C204 inclusive Reproducib e as wilt drawings for this sewer lire will be provided under separate cover. Following said assumption of ownership and responsibility for operation and maintenance the City will indemnify and hold harmless the County from and against any and all claims, litigation, demands and suits arising from or occasioned by operation , maintenance, or replacement of the sewer. A v/, M 11-12-199G 10:2SAH FROM WPCD DESIGN-CONSTR 20G 68d 1959 P_2 The Mayor's countersignature below indicates the City's acknowledgment of the sale and approval of the terms. Please return one countersigned copy of this letter to the County to the attention of Stan Hummel. Very Truly Yours, Pam Bissonnette Director, Department of Natural Resources Acknowledged and Approved Jesse Tanner Mayor , City of Renton V4, 6V TRo Municipality of Metropolitan Seattle Exchange Building • 821 Second Ave. • Seattle, WA 98104-1598 January 4,1995 Dave Christensen Wastewater Utility Supervisor 200 Mill Avenue South Renton, WA 98055 SUBJECT: Utilities Cooperation Agreement for the Cedar River Trunkline Relocation Phase II/ North Third Livable Street Improvements Dear Dave: Enclosed is the final version of the utilities agreement for execution by the City. The only changes we have made since you last reviewed the agreement occur on the first page recitals and do not alter the roles or responsibilities of either party outlined in this agreement. Once you have obtained the necessary approvals and signature, please return the signed agreement to me for execution. I will then transmit to you a signed copy of the agreement for your files. If you have any questions or concerns, please give me a call at (206) 684 -1844. Sincerely, Stan Hummel Water Quality Engineer Water Pollution Control Department 9 (206) 684-1280 0 Clean Water —A Sound Investment A B C O E F 0 H N 4TH ST-------�uIFERPB2TEGIlQtt -- - - /� I / I ------- -- wn---,n nn nnn r-----� n n n nn,---------- , a INDEX TO DRAWINGS SHT A DWG N TITLE ' _ _ _ _ _ _ _ _ / �/ / m CEDAR RIVER TRUNK RELOCATION - PHASE 2 J / 1D II 'QI r-N J cn,IQI II Izl II I I II Izl III I I IZI II I>I .� - -, , W , , Q, ` r / , i. G701 VICINITY/LOCATION MAPS AND INDEX TO DRAWINGS / I I " IQ; IWI II III iWi `�`` II J Q Q--------- /IQI I I ' I I I IQI III I I I I I I t o N` MAR IO N ST / / J 2. G102 NOTES. LEGEND AND ABBREVIATIONS iW-7 iJI a i i i iY W I I I I I I II I Q I Q Q Q` `� `� ' / / I I 3. C101 PLAN AND PROFILE STA 0+00 TO STA 5+00 �I II II IWI II I� C.0 ' ' I \ , / 4. C102 PLAN AND PROFILE STA 5+00 TO STA 10+40 i I 0 �`, N 3RD STLi/ CEDARRIVER TRUNK RELOCATION - HASE U- - 5. C703 PLAN AND PROFILE STA 10+40 TO STA 16+00 C1.01 ' 1 (.'� 3 C 04F /��, , 6. C104 PLAN AND PROFILE STA 16+00 TO STA 21+60 / 02 /' 7. C105 PLAN AND PROFILE STA 21+60 TO STA 26+20 II �I - ' N BROOKS ST /�- �/ �`fl 11 O _ 8. C706 PLAN AND PROFILE STA 26+20 TO STA 28+00 4 NI '��--�' 9. C107 MANHOLE DETAILS a "F 10. C108 PIPE CONNECTION DETAILS AND SCHEDULES �\\;; n L�J u I / /' T \\ �+` _ 11. C109 TRENCH AND PAVING SECTIONS ; \I N 2N �� 'n��:•l nl n nn (� � 1 nn;; i -aq �r J 2 LA` U 200 0 200 400 600 a REVISION BY IAPP'DI DATE D ST- - n n 1 ' / / / / C' , _ 1 2. C7 10 STANDARD METRO FRAME AND COVER I�SHT p owc y TITLE Ir n 11J 1 o , , 1 I � LIBERTY -� PARK of / I Z ' 7.4" PW-9 • / 13 `�Q -- �' CEDAR RIVER 0 - \ PW-10 PW-B • PARK S, .� PW-2 • LOCATION MAP �G, . !n `----IX 4Y CEDAR RIVER TRUNK ---------- CEDAR RIVER LIP= N. 3RD LIVABLE STREET IMPROVEMENTS 1. RS201 TYPICAL ROADWAY SECTION 2. SP201 SITE PREP PLAN STA 1+00 - STA 5+50 3. SP202 SITE PREP PLAN STA 5+50 - STA 11+00 4. SP203 SITE PREP PLAN STA 11+00 - STA 16+50 5. SP204 SITE PREP PLAN STA 16+50 - STA 22+00 6. SP205 SITE PREP PLAN STA 22+00 - STA 24+00 7. PD201 PAVING AND DRAINAGE PLAN STA 1+00 - STA 5+50 8. PD202 PAVING AND DRAINAGE PLAN STA 5+50 - STA 11 +00 9. PD203 PAVING AND DRAINAGE PLAN STA 11+00 - STA 16+50 10. PD204 PAVING AND DRAINAGE PLAN STA 16+50 - STA 22+00 11. PD205 PAVING AND DRAINAGE PLAN STA 22+00 - STA 24+00 12. CS201 CHANNELIZATION AND SIGNING PLAN STA 1+00 - STA 5+50 13. CS202 CHANNELIZATION AND SIGNING PLAN STA 5+50 - 11 +00 14. CS203 CHANNELIZATION AND SIGNING PLAN STA 11+00 - STA 16+50 PROJECT ON �' AUBURN `�� ALcoNA TACO'M 'mKING CO. PIERCE CA. VICINITY MAP 0 2 4 6 8 MILE INDEX TO DRAWINGS CONTINUED SHT // DWG # TITLE 15. CS204 CHANNELIZATION AND SIGNING PLAN STA 16+50 - STA 22+00 16. CS205 CHANNELIZATION AND SIGNING PLAN STA 22+00 - STA 24+00 17. CS206 SIGN SPECIFICATIONS 18. RP201 ROADWAY PROFILE 19. U201 IRRIGATION PLAN STA 0+00 - STA 5+00 20. L1202 IRRIGATION PLAN STA 5+DO - STA 11+00 21. L1203 IRRIGATION PLAN STA 11+00 - STA 16+50 22. U204 IRRIGATION PLAN STA 16+50 - STA 22+00 23. L1205 IRRIGATION PLAN STA 22+00 - 24+00 24. LP201 PLANTING PLAN STA 0+00 - STA 5+00 25. LP202 PLANTING PLAN STA 5+00 - STA 11+00 26. LP203 PLANTING PLAN STA 11+00 - STA 16+50 27. LP204 PLANTING PLAN STA 16+50 - STA 22+00 28. LP205 PLANTING PLAN STA 22+00 - STA 24+00 29. LD201 DETAILS p Mr M-LT/DJB 141 ETRO pel! y of Yet-pollt- s-ttle JUNE 1994 �e g DRAWN: I CHECKED:,, SCAB: CEDAR RIVER TRUNK RELOCATION DLF NO' DJM-LT PEE 2 Y75 2 REyCOMMENDED: NOTED VICINITY/LOCATION MAPS °RA"""� `'� 9`9 DNA` - CONTRACT NO: G i O APPROVED: AND INDEX TO DRAWINGS SHEET Na OF '. ExPIRE52/9/f w/M7-sa 1 --12 :75 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM 7�0 14 DATE: November 29, 1994 7 TO: Gregg Zimmerman FROM: Dave Christensen SUBJECT: METRO CEDAR RIVER TRUNKLINE RELOCATION North 3rd Street Improvements Per Metro's request, I have been working with Rod Schindler to evaluate our ability to authorize the cost sharing of the North 3rd Street Improvements at an administrative level with an informational presentation to Council. It appears that the methodology used by Transportation to bring this matter before Council as well as the existing Memorandum Of Understanding (MOA) may allow us to meet Metro's request. Transportation, in the interest of saving time has brought the matter of the cost sharing agreement and the selection of a low bidder by Metro before the Transportation Committee. The way that the Issue Paper and Committee Report were prepared authorizes staff to proceed with the project and the cost sharing proposal as long as the City Attorney agrees that the agreement can be executed at a staff level. The MOA in Section 8 covers what to do in the event of disputes or other issues related to the MOA. The intent of this section is to allow maximum flexibility in problem solving and conflict resolution in the interest of providing a timely product of those items contained within the MOA. Section 8.1 states that "Project Managers will use their best efforts to resolve disputes and issu arising out of or related to the Project, Mitigation, Compensation or System Improvements." Sections 8.2, 8.3 and 8.4 allow for the resolving of issues and disputes up through the Mayor for the City and the Executive Director for Metro. I would propose that this matter be treated as an additional issue resulting from the proposed system improvement and by utilizing Section 8 of the MOA, provide an amendment that allows for the cost sharing of the roadway improvements through agreement by the Mayor and Metro's Executive Director. I have attached copies of the appropriate sections of the MOA as well as copies of the information submitted by Transportation to Committee. If you agree to this approach I will coordinate this effort with Transportation and Metro. H: DOCS:94-1081:DMC:ps CC: Ron Olsen Rod Schindler Attachments I 7.2.6 The City Project Manger shall coordinate and facilitate plans and permit processing by the City so as to expedite the City's review and approval of any plans, reviews, and permits related to the Project and associated improvements. SECTION 8. DISPUTE RESOLUTION 8.1 Resolution by the Project Managers. The Project Managers shall use their best efforts to resolve disputes and issues arising out of or related to the Project, Mitigation, Compensation or System Improvements., 8.2 Metro/City of Renton Executive Committee. Metro and the City shall establish an Executive Committee that will meet as necessary to resolve issues related to the Project Schedule and the carrying out of the provisions in this Agreement. The Project Managers will jointly provide staff support to the Executive Committee by facilitating its meetings and by establishing mutually agreed upon meeting dates and agendas. The Executive Committee shall consist of the Metro Director of Water Pollution Control; Metro Director of Technical Services; Metro Project Manager; City Administrator of Planning/Building/Public Works; Mayor's Executive Assistant; City Project Manager; and two other persons from the City and two other persons from Metro, who may attend at the discretion of the Municipalities. 8.3 Resolution by Metro Director of Water Pollution Control and City Administrator of the Planning/Building/ Public Works Department. In the event that disputes cannot be resolved by 23 Project Managers or the Executive Committee, Metro's Director E, of Water Pollution Control and the City's Administrator of the Planning/Building/Public Works Department (together, "the Directors") will apply their best efforts to resolve disputes and other matters between Metro and the City arising out of or related to the Project, Mitigation, Compensation, and System Improvements. Each of the Directors will consult with responsible municipal staff members and officials regarding existing requirements or other policies and procedures before attempting to resolve disputes. 8.4 Resolution by the Mayor and the Executive Director. If the Directors are unable to resolve a matter within fifteen (15) days of the time such matter is properly referred to them, the Directors shall ask the City's Mayor and Metro's Executive Director to resolve the dispute, subject to applicable statutory permit requirements, policies or procedures. In the event of an emergency, either Director may (after notifying the other Director) refer a Project, Mitigation, Compensation, or System Improvement dispute immediately to the Mayor and Executive Director of Metro for resolution. The Mayor and Executive Director may call upon the Executive Committee for assistance. 8.5 Exhaustion of Procedural Steps. Metro and the City agree to exhaust each of these procedural steps before seeking to resolve disputes in a court of law or other tribunal, except to the extent that these procedures conflict with formal administrative appeal procedures. 24 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: September 12, 1994 TO: Richard Stredicke, Chair City Council Members VIA: Mayor Earl Clymer FROM: y' Gregg Zimmerman STAFF CONTACT: Rod Schindler / Transportation Division 277-6219 SUBJECT: NORTH 3RD STREET -- LIVEABLE STREETS PROGRAM ISSUE: Council approval of the lowest qualified bidder for the construction of the Metro/Renton North Third Street Project. The lowest qualified bidder will be selected by Metro with participation and follow-up approval by the City. If bids are not favorable, the City has the right to not participate at this time without jeopardizing Metro's project. RECOMMENDATION: The Transportation Systems Division staff recommends that the selection of the lowest qualified bidder by Metro be approved by the City if the selection allows the City to participate within the allocated budget and after the selection is discussed in committee. BACKGROUND: The Liveable Streets project is the result of Council Resolution 2708 and the North Renton Arterial Plan. The North 3rd Street project (part of the Liveable Streets program) became feasible when METRO and the City Utility Systems Division chose to relocate the Cedar River Trunk Line (sanitary sewer) on North 3rd Street away from the City's water wells. METRO has agreed to participate in the North 3rd Liveable Street project by providing 50% (agreement has not been finalized, and amount will depend on bids received) of construction and design costs for the project. 1 Funding will consist of $398,200 from Boeing mitigation funds and $45,000 from the Business License Fee. To date $195,124 has been spen .ftom-tl fund on other Liveable Street projects including $76,323 for design of N. 3rd St. leaving a balance f $248.073 f r construction of N. 3rd St. In 1991 staff estimated the cost of North 3rd Liveable Street Improvements at 0,000 including design and administration. With favorable bids and Metro participation staff feels N. 3rd St. can be constructed at this time. Metro will be the lead agency for administration of this project and to make the official contract award. In an effort to minimize delaying the contract award by Metro, Transportation Division staff would like this issue left in committee until such time as a recommended low bidder can be determined. In this manner the City will be able to give approval of the low bidder while Metro is preparing the construction contract documents. Metro advertised this project on August 12, 1994, the bid opening is set for September 14, 1994. APPROVED TRANSPORTATION COMMITTEE 9' -rjv COMMITTEE REPORT September 19, 1994 PROJECT: NORTH RENTON LIVEABLE STREETS - NORTH 3RD STREET (Referred 9/12/94) The Transportation Committee recommends approval of the lowest responsive bidder for the Metro / Renton North Third Street Project. Metro will determine and make the recommendation, and award subject to review of all bids submitted on September 14, 1994. Staff has reviewed the three lowest bids and each bid, in conjunction with a cost sharing agreement with Metro is within the amount budgeted for this project. Bob Edwards, Chair Toni Nelson, Member cc: Mel Wilson Rod Schindler c. �- Earl Clymer, Mayor December 9, 1994 CITY OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator FAX TRANSMIMAL MEMO • r•a• ru % 2� L CO. - FAX J 7 Bill Nitz King County Department of Metropolitan Services (METRO) 821 Second Avenue, M.S. 130 Seattle, WA 98104-1598 SUBJECT: UTILITIES COOPERATION AGREEMENT CEDAR RIVER TRUNKLINE RELOCATION PHASE 2/ NORTH THIRD LIVABLE STREET IMPROVEMENT Dear Bill: We have received your attorney's reply to the City's proposed changes to the above - referenced agreement, (memo dated December 5). There are still two sections that our respective attorneys are in disagreement with regard to language within the agreement. The first disagreement is with Section 9. The City Attorney believes that since our proposed language change in this section is the exact language that Metro and the City settled on in a previous agreement, that it should be acceptable to Metro (City/Metro agreement for Boeing traffic mitigation). The second disagreement is with Section 13. The City Attorney believes that the language in this section is too vague with regards to the rules governing mediation and arbitration. He has suggested that the existing language be deleted and replaced with language that refers to the Memorandum of Agreement for Project Dispute Resolution. I believe in order to expedite the finalization of this agreement, that the attorneys reply directly to each other to finalize language that is acceptable. The City Attorney is Larry Warren who ere ched at (206) 255-8678. ly, L12V'id U1 r e'llsen Waste r Utility Supervisor H:DOCS:94-1 121 :JDH:ps CC: Larry Warren 200 Mill Avenue South - Renton, Washington 98055 CITY OF RENTON MEMORANDUM DATE: December 29, 1994 TO: Dave Christensen FROM: Harold Adams Transportation Design Engineer Supervisor 4'4s Rod Schindler Project Manager SUBJECT: North 3rd Street Metro Memorandum of Agreement We have reviewed the Memorandum of Agreement concerning the cost sharing for the project and the City's authority during construction of the project and concur. h 206-689-3706 METRO WPCD COMM 0 cQ 689 Fat DEC 28 '94 11:02 copy for signs - Renton/Metro North Third Call Ron Post 684-1143 or fax 689-3706 (if possible insert two agencies` logos at logo near each corner) proj ect top, one The construction of a new sewer line under North Third and street improvements to North Third are part of a cooperative project of the City of Renton and Metro. Projected startup: January 1995 Projected completion: Late summer 1995 General Contractor: Frank Coiuccio Construction Co. Please consider an alternate commuting route or other method of transportation during construction. Thank you. 206-689-3706 METRO WPCD COMM 689 P01 DEC 28 '94 11:02 pastor- bfana fax 4idll8llllual F11-11v iw �• �-�— YO Ah CrM ft )Z1) _r Update Cedar River Trunk relocation project begins in January Metro will relocate a large sewer trunk line to North Third Street beginning in January,1995. The project will occur in conjunction with the Citv of Renton's street improvements to North Third Street. Construction is expected to take about seven months. Metro's pipeline will be constructed along North Third between Burnett Ave.N. and Factory Ave. N., then under Factory between Factory and Brooks, and under Brooks to Houser Way (see map). Metro's community relations staff will notify residents and local businesses prior to construction activities. Some lanes will remain open to traffic during the construction period. Hours of construction will be arranged to munimize disruption of traffic_ Construction trenches will be excavated in sections along North Third to minimize impact on the commuter route. Why is Metro moving the pipeline? Metro and the City of Renton agreed in 1991 to move the existing 42- inch Cedar River Trunk to protect the most critical area of the City of Renton's drinking water aquifer. Some sections of the pipeline were temporarily relocated in 1992, and the last section of pipeline will be relocated under the freeway after construction work along I-405 is completed. What improvements will occur to North Third Street? The City of Renton will move the existing curbs and gutters inward by .four feet on each side of North Third and replace sections of the existing sidewalks. A landscaped planter strip will be constructed along a portion of the narrowed street and an asphalt concrete overlay will be applied to the entire section of North Third above the relocated Cedar River trunk. Want more information? If you have questions about the pipeline relocation project, please call Ron Post, King County Department of Metropolitan Services. at 584- 1143. You can also write to him at Metro, 821 Second Ave., M.S. 95, Seattle, WA 98104-1598. if you have questions about the City of Renton's street improvements, please call Rod Schindler at 277-5219 or write to hire at the Citv of Renton, Municipal Building, 200 Mill Ave. S., Renton, WA. 98055, Update Cedar River Trunk relocation project begins in January Metro will relocate a large sewer trunk line to North Third Street beginning in January,1995. The project will occur in conjunction with the City of Renton's street improvements to North Third Street. Construction is expected to take about seven months. Metro's pipeline will be constructed along North Third between Burnett Ave.N. and Fac- tory Ave. N., then under Factory between Fac- tory and Brooks, and under Brooks to Houser Way (see map on reverse). Construction activities may severely impact traffic flow on North Third. Metro's community relations staff will notify residents and local businesses prior to construction activities. Some lanes will remain open to traffic during the construction period. Hours of construction will be arranged to minimize disruption of traffic. Construction trenches will be excavated in sections along North Third to minimize impact on the commuter route. Why is Metro moving the pipeline? Metro and the City of Renton agreed in 1991 to move the existing 42-inch Cedar River Trunk to protect a critical area of the City of Renton's drinking water aquifer. Some sections of the pipeline were temporarily relocated in 1992, and the last section of pipeline will be �: �TtETRO January 1995 relocated under the freeway after construction work along I-405 is completed. What improvements will occur to North Third Street? The City of Renton will move the existing curbs and gutters inward by four feet on each side of North Third and replace sections of the existing sidewalks. A landscaped planter strip will be constructed along a portion of the nar- rowed street and an asphalt concrete overlay will be applied to the entire section of North Third above the relocated Cedar River trunk. Want more information? If you have questions about the pipeline relocation project, please call Ron Post, King County Department of Metropolitan Services, at 684-1143. You can also write to him at Metro, 821 Second Ave., M.S. 95, Seattle, WA 98104-1598. If you have questions about the City of Renton's street improvements, please call Rod Schindler at 277-6219 or write to him at the City of Renton, Municipal Building, 200 Mill Ave. S., Renton, WA 98055. 5th t Z u ath Ot nn� m roIect Alignment PHASE II a N V cc U. N nd �UU V4V n y0 O LIBERTY PARK & People with disabilities who need the information in this brochure in accessible formats may call 684-2046 (voice) or 689-3413 (TTY/TDD. Al ��P� Jesse Tanner, Mayor June 4, 1996 Stan Hummel Water Quality Engineer Capital Projects Division King County Department of Metropolitan Services 821 Second Avenue Seattle, WA 98104-1598 CITY OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: COST REIMBURSEMENT FOR THE NORTH THIRD STREET Il"ROVEMENTS/CEDAR RIVER TRUNK RELOCATION PROJECT - PHASE H Dear Stan: Enclosed please find a check in the amount of $202,937.26 for the above -referenced project. If you have any questions, please call me at (206) 277-6179. Sin rely, ohn D. Hobson Wastewater Utility H:D0CS:96-358:JDH:ps CC: Rod Schindler 200 Mill Avenue South - Renton, Washington 98055 09RCITY OF RENTON PAY Two Hundred Two Thousand Nine Hundred Thirty Seven and 26/200's' TO THE ORDER OF AP DATE6-3-96 VOID AFTER 6 MONTHS 135766 U.S. BANK OF WASHINGTON 19-10/21 RENTON BRANCH 1250 AMOUNT **$202,937.26** KC DEFT DNR �aATER POLLUTION II'1357=6611' 1:125000L0SI: 0217 0SS847111 VENDOR NO I VENDOR NAME I CHECK DATE i CHECK AMOUNT I CHECK NO INVOICE I AMOUNT INVOICE AMOUNT' xd-0 CITY OF RENTON ■ 200 MILL AVE S. ■ RENTON, WASHINGTON 98055 ■ PHONE (206) 235-2617 ■ FAX (206) 235-2513 DP3111S 2/93 City of Renton Finance Department Request for Claims Date of Request / 3/ 9 Date Required Requesting Departmen ?4-`J I jAuthorized Signature `';� &)&4 (,4,J REASON FOR CHECK Deposit Refund Other Name Amount Finance Receipt No Receipt Date Describe Circumstances Requiring Issuance of Check: CHECK PREPARATION INSTRUCTIONS Amount Is Z C)Z `q 3 Zco F arge to Account(s) dw a C Payable To Address Soc Sec or IRS ID No CHECK AUTHORIZATION - Finance Department Use Only ,v 0 Mail Check to Payee 0 Return to Dept: 0 Other: Approved Date 0 Claims Check No: a�o CTY006/7/89 City of Renton Finance Department Request for Claims Date of Request �qA �� �rJ� ��j'(p Date Required �(o Requesting Departmen P/8.✓ Authorized Signature REASON FOR CHECK Deposit Refund Other><->< -1 Name Amount Finance Receipt No Receipt Date Describe Circumstances Requiring Issuance of Check: �>z Goivsrevc ri �� 1 aF TfY1c �o,�nNTi, za /M>�cvEl✓/�/T� �GE2�4i2. 1e/v�"7e T INK �1-oc...!-77�r� �f'/�. ,� � o✓ELT CHECK PREPARATION INSTRUCTIONS Amount $ 7-IoZ,93 f ZCo Charge to Account(s) 4Z/ 400%IB.S�I(o.3�.(05. ls170 Payable To Co,�r�nt_ T�i vi S c Address Soc Sec or IRS ID No CHECK AUTHORIZATION - Finance Department Use Only Approved Date 0 Claims Check No: 0 Mail Check to Payee Return to Dept: J„Aw 44oB-�%,.J 0 Other: CTY006/7/89 r ti CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 16, 1996 TO: Hugh Simpson FROM: David Christense 40� STAFF CONTACT: John Hobson SUBJECT: Reimbursement to King County Metro for the North Third Street Improvements/Cedar River Trunk Relocation Project Phase II Please prepare a check in the amount of $202,937.67 to King County Department of Natural Resources, Water Pollution Control Division for the City of Renton's portion of the construction costs for the above -referenced project. A copy of the following documents have been attached for your use in processing this request: • King County's invoice including a copy of applicable change orders; • Utilities Cooperation Agreement (CAG-95-002, page 4) which explains the compensation requirements of the City to King County Metro; and • Memo from Rod Schindler which concurs with Transportation Systems' portion of the invoice ($181,297.26). If you have any questions, please call John Hobson at X-6179. H:DOCS:96-316:JDH:ps Attachments City of Renton Finance Department Request for Claims Date of Request MA i /=195�a Requesting Departmen F,/B REASON FOR CHECK Deposit Refund Other Cam/' Name Amount Finance Receipt No Receipt Date Describe Circumstances Requiring Issuance of Check: G'o�r ���Ma�rz�s�vr 7—,, K/Av6, �r� Gon,,sr�c�vTio„1 0� Tff� .c./o,�Tirza 5 /Mt�ovE�E'uTS �G�,2 TZiv�T� T vti,IK �-.oc�4T�i-� CHECK PREPARATION INSTRUCTIONS Amount $ 002-,937 ZCv ios/s94-/i1�.59s //.l�O.oO as�so �zzt Charge to Account(s) 0 Z/,(A� - 00 Payable To Address Soc Sec or IRS ID No CHECK AUTHORIZATION - Finance Department Use Only Approved Date 0 Claims Check No: ¢Z/ 14oal/8. 59(o. 3E;, -f5/7O 4,6V70/ IE547C 0 Mail Check to Payee Return to Dept: P1�1r�! 0 Other: CTY006/7/89 CITY OF RENTON MEMORANDUM DATE: May 14, 1996 TO: Dave Christensen FROM: Rod Schindler'�S SUBJECT: North 3rd Street I have reviewed the attached invoice from Metro detailing the contract bid and the extra work for North 3rd Street, and I concurr with the amount of $181,297.26 for Transportation Systems share of the project. Charge Numbers: 105/00594/16.595.11.60.00/25150/5220 W46 111ETR0 King County Department of Metropolitan Services Exchange Building • 821 Second Ave. • Seattle, WA 98104-1598 • (206) 684-1280 May 7,1996 Dave Christensen Wastewater Utility Supervisor City of Renton Public Works Department 200 Mill Avenue South Renton, WA 98055 NAy��i9� b1l, 96 CITY OF E Engineeri g0Qr�1 ."Pt, RE: Cost Reimbursement for North Third Street Improvements Cedar River Trunk Relocation Project, Phase II. Dear Dave: Construction of the Cedar River Trunk Relocation Project Phase II was completed by Metro in 1995. Metro and the City of Renton made arrangements through a Utilities Agreement, dated January 13,1995, to share the costs of street improvements along the pipeline alignment on North Third Street. By combining Metro's pipeline work with Renton's street improvement project, both agencies were able to reduce costs and minimize disruption to the local community. This letter will serve as the invoice to the City of Renton for they're share of the construction costs. The Utilities Agreement called for the City to reimburse Metro for one-half the cost of the street improvements plus an additional amount for work performed by Metro's contractor related to City storm drains, and for the cost of change orders related to the City Plans for the street improvements and storm drains. I have reviewed the costs submitted by our construction staff, including the cost of change orders, and have assigned a percentage of the total cost to the City in accordance with my interpretation of the Utilities Agreement. The following is a breakdown of the City's share of the construction cost: Item Bid Price -Street Improvements (50%) $161,115.00 Change Order No. 2 PWC #12 (100%) $7,636.55 PWC #13 (50%) $712.00 PWC #16 (50%) $700.00 PWC #17 (100%) $3,192.71 PWC # 19 (50%) $7,941.00 Total $20,182.26 $20,182.26 Water Pollution Control Department • Clean Water —A Sound Investment Dave Christensen City of Renton May 7, 1996 Bid Item M8 Storm Drain $20,000.00 Sales Tax @ 8.2% $1,640.00 Total of Storm Drain $21,640.00 Total $21,640.00 $202,937.26 The City of Renton's share of the project costs is $202,937.26. I have attached a listing of the change orders for the project and the bid sheets. Please review this and let me know if you have any questions. We appreciate the opportunity to work with you and your staff and the support we have received for this project. If you have any questions or concerns, please contact me at (206) 684-1844. Sincerely, Stan Hummel Water Quality Engineer Capital Projects Division cc: Bill Nitz Enclosure METRO / RENTON NORTH THIRD STREET PROJECT METRO CONTRACT W/M7-94 CHANGE ORDER NO. 2 GENERAL DESCRIPTION: The purpose of Change Order No.2 is to incorporate the following proposed work changes: ITEM PWC NO. DESCRIPTION AMOUNT 2.01 9 Increase manhole size. The design drawings called out an incorrect diameter for two new MH's. MH's R10-5A and R10-6A had to be increased in size from 72"0 to 86"0 to accommodate a 90 degree turn through each of the MH's and keep adequate wall thickness between the pipe penetrations. Cost Basis: T & M $5,779.65 Time Extension: None 2.02 10 Side Sewers. The contractor encountered three existing side sewers which were not shown on the contract drawings at Sta 13+55, Sta 18+09, Sta 20+89. These side sewers had to be reconnected to the new alley sewers at those stations. This work was caused by changed site condition Cost Basis: T& M $1, 951.51 Time Extension: None 2.03 12 Restoration of 3rd & Park intersection. Requested by the City of Renton The City of Renton was to have a follow-on contract make improvements to Park Ave N. Due to a late start on the Cedar River Phase 2 contract work, Metro was requested to have their ,x contractor restore the 3rd & Park intersection. `C The City's Park Ave contract work was finished 1p� prior to Metro's field work beginning. Cost Basis: Unit Cost $7,636.55,,-- Time Extension: None W/M 7-94 C.O. #2 page 2 of 3 ITEM PWC NO. DESCRIPTION AMOUNT 2.04 13 Restore 3rd & Factory intersection, SW quadrant. The City of Renton requested that the pavement base material be changed from portland cement concrete to asphalt treated base with an overlay. The original design �b showed the base pavement not being disturbed except at the pipe trench. The restoration work was done in two phases. See PWC #16 for restoration of the NW quadrant of this intersection. Cost Basis: Unit Cost $1,423.42 Time Extension: None 4 7/ Z 2.05 14 PWC #14 corrects all of the unit quantities for schedule M items to show their as -build 1 t, T quantity. Cost Basis: Unit Cost $17,755.10 Time Extension: None 2.06 16 Restore 3rd & Factory intersection, NW quadrant. The City of Renton requested that the pavement base material be changed from portland cement concrete to asphalt treated base with an overlay. The original design showed the base pavement not being disturbed except at the pipe trench. The �C) restoration work was done in two phases. See PWC #13 for restoration of the SW quadrant of this intersection. Cost Basis: Unit Cost $11401.81 Time Extension: None If 700 �- 2.07 17 Requested by the City of Renton. After the 0 existing pavement had been planed off by 2 p �L.T� inches, some areas of existing pavement were noted to be in poor condition. These areas were repaired to increase the life of the new driving surface. Cost Basis: Unit cost $3,192.71 < Time Extension: None W/M 7-94 C.O. #2 page 3 of 3 ITEM PWC NO. DESCRIPTION AMOUNT 2.08 18 Requested by the City of Renton. The City requested deletion of some of the crosswalks in the contract and added installation of stop bars and some additional lane buttons. The costs for the deletion and additional work were offsetting. Cost Basis: Unit cost $000.00 Time Extension: None 2.09 19 PWC #19 corrects all of the unit quantities for schedule R items to show their as -build - quantity. Cost Basis: Unit cost $15,882.58 Time Extension: None -6 7q 4-/ e TOTALS: $55,023.33 Time Extension -calendar days 0 Days Add weekend 0 Days Time Extension 0 Days 2ND REVISED SECTION 00310 BIDDING SCHEDULE Metro and the City of Renton have combined Metro's Cedar River Trunk Relocation Project - Phase II anu the City of Renton's North Third Liveable Street Project into this single contract. For purposes of administering the contract, and to assist Metro and the City of Renton to allocate costs, the Bidding Schedule has been divided into two schedules: Schedule M containing Bid Items Ml through M9d is for Metro's Cedar River Trunk Relocation Project - Phase II; and Schedule R containing Bid Items Rl through R17 is for the City of Renton North Third Liveable Street Project. Schedule M is subject to retail sales taxes, Schedule R is subject to Rule 171 as is further described in paragraph 00100-1.08. The work of each Bid Item is described further in Section 01025, Measurement and Payment and shall be performed as specified or shown in the Contract Documents. The bidder shall offer a lump sum and/or unit price, as applicable, for each Bid Item on the Bidding Schedule. Failure to do so shall render the bid non- responsive. Each price shall be shown in figures. Each unit price shall be multiplied by the estimated quantity to calculate an extended amount for that Bid Item. The bidder shall set forth a Total Bid Price which shall be the sum of the lump sum amounts and extended amounts for all Bid Items on the Bidding Schedule. Metro reserves the right to correct obvious mathematical errors on the Bidding Schedule and to correct the extended amounts and Total Bid Price accordingly. Each bidder shall use the following definitions for the abbreviations under UNIT as follows: "CY" means Cubic Yards; "LF" means Linear Feet; "EA" means Each; and 'SY" means Square Yards. We, the bidder, propose to perform the work on the terms and conditions contained herein for the prices set forth below: SCHEDULE M (Bid Items M la through N1 9d) BID DESCRIPTION EST UNIT UNIT LUMP SUM/ ITEM QTY PRICE EXTENDED AMOUNT Mobilization and Demobilization - Schedule M Mla. Lump sum for mobilization and demobilization between Stations 0+00 and 22+26: j s 9o0,0 4 Mlb. Lump sum for mobilization and demobilization between Stations 22+26 and 28+00: S j Uo •OD Gravity Mains M2a. Lump sum price for 42 inch diameter Gravity Main Installation between Stations 0+00 and 7 7. O 22+26: M2b. Lump sum price for 42 inch Diameter Gravity Main Installation between Stations 22+26 and 28+00: $ ADDENDUM NO.2 SEYrEMBER 1,1994 W/M7-94 00310-1 2ND REVISED BIDDING SCHEDULE BID DESCRIPTION EST UNIT UNIT LUMP SUM/ ITEM QTY PRICE EXTENDED AMOUNT Trench Excavation Safety Systems M3a. Lump sum price for Trench Excavation Safety Systems between Stations 0+00 and 22+26 to perform the work in Schedule M: $ /of coo .v D M3b. Lump sum price for Trench Excavation Safety Systems between Stations 22+26 and 28+00 to perform the work in Schedule M: $ /, SDO. v 0 M4. Unit price for Foundation Stabilization, Aggregate: 365 CY $ /o .00 $ 3,6 �5-o _ o d M5. Unit price for Geotexdle Fabric Installation: 2813 Sy $ , 70 $ M6. Unit price for Monitoring Well Installation: 10 EA $ /, ooa.uv $ M7. Lump sum price for 8 inch Diameter PVC Sanitary Sewer Installation between stations 3+68 to 5+22: $ /7, 6 00.0 o M8. Lump sum price for 12-inch Diameter Storm Drain CPEP Pipe Installation: $ a0, oUn.yd Pavement Restoration: Bid Items M9a through M9d are applicable for all new restoration work identified in Schedule M M9a. Unit price for Asphalt Concrete Pavement Patch Class B, 3 inch or 5 inch as specified in Drawing 473 TON $ 5o, co $ 50, o d No. C109: M9b. Unit price for Cement Concrete Pavement 14- day design mix, 9-inch: 367 SY $ 5.5. e 6 $ /-7, Y'Y5, v d M9c. Unit price for Asphalt Treated Base (ATB), 5- inch: 592 TON $ 5 ") - v 6 $ .29 , 0 0. U d M9d. Unit price for Crushed Surfacing Base, 6-inch: 745 TON $ 13.ao $ 9 6 S 5" o6 ADQENDUM NO.2 SEPTEMBER 1,1994 W/M7-94 00310-2 2ND REVISED BIDDING SCHEDULE • =- BID ITEM SCHEDULER (Bid Items R1 through R17) DESCRIPTION EST UNIT QTY R1. Lump sum price for Schedule R Mobilization /Demobilization: UNIT LUMP SUM/ PRICE . EXTENDED AMOUNT 5,30� o00 •y Q Lump sum price for Removal of Structures and Obstructions: E Unit price for Roadway Excavation: 882 Cy $ v.00 R4. Unit price for Crushed Surfacing Top Course: 160 TON S 2c).cd $ J „1 R5. Unit price for Gravel Borrow: 335 TON $ o1o, 0 o $_ R6. Unit price for Asphalt Concrete Pavement - Class B: 1100 TON $.od S 38,,5'oo.o6 R7. Unit price for Asphalt Treated Base: 110 TON 0 S ,5 176,lo R8. Unit price for Planing Bituminous Pavement: 8700 Sy $ $ /630 oQ R9. Unit price for Cement Concrete Barrier Curb and Gutter. 4250 LF S 7, /_S $ 30,,3 E R10. Unit price for Cement Concrete Sidewalk: 1390 Sy $ / 7. 7_r, S 2 6 ,1 S, 6 Rll- Unit price for Cement Concrete Approach (Driveway), 3-day: 960 Sy $ ?3, 1)0 $ R12. Unit price for Cement Concrete Curb Ramp: 26 EA $ 5, D 6 $ 7, R13. Lump sum price for Pavement Markings S - 5 0 00. o d R14. Lump sum price for Storm Drainage System: $ /7, o 0o .4 d R15. Lump sum price for Irrigation System: $ - R16. Lump sum price for Planting: $ o?�. )cc 00 R17. Lump sum price for Permanent Signing: $ ..:.:{!:::::{Li:•}ii}isti{tj:?.}n:::(:y:::{s:;�:{y.:.}:�?:{:i::i::�{::::�f:.ti:::ii:':ti'ii:::::i::i�::r�.J::::::::�::',':<:,:':::::is:n.i::::'(::i:}�L::::::i�::`: y`y }�•� }{ �yy ��}]y ��y }��y� {::.:�ir:ixr..... }:•::::��:�:;::::'. �:?isi'':'i::;:}:'r,::;::-:::�{v�-;:;�{��tin::�:::::}:::•::�::::::•i{:i-Y,.::'::.��. / f ............ :.iiiiiii'r'• �:::'�1�1. V. .... � �� is :.:::}:•?..:::: ii ::}ri:<::< �:Si: ....... n...... f.!i:hii:{!y::::.:.. v: .v n:....................:. r. :.....:::.i.V.:.: �:C•`i".;: •. � ::::J::.::.: is iii:{.:: Ti:.:.: ii::::::...................................... n: :•}%�firr.�.::.: ............rr��..� .. .... �.{•:.}r.}n. \v}•{yr /iH':.: ' ... :.:..: :.......:.:.: •!•: irrT: ..... :.:::: :.: ..:.. :...:...... f..:{%'-v: �.....v.::.�:r:.•,nF:::.??'.}:{':'::•: }ii:;?::j{;};{{{{Y'lF�br/ ADDENDUM NO.2 SEPTEMBER 1,1994 W/M7-% 00310-3 2ND REVISED BIDDING SCHEDULE TOTAL BID PRICE (Sum of the Sub -total for Schedule M - and the Sub -total for Schedule R) $ / 3 7, % 37, 00 a We acknowledge that, in accordance with paragraph 00100-1.08, the sales tax on the Contract Price has not been included in the above Sub -total for Schedule M but that any other federal, state or local taxes for all items or work which will be incorporated into the final work have been included in the prices and that the waiver of industrial insurance immunity in paragraph 00710-5.01 was made pursuant to RCW 4.24.115. We acknowledge that, in accordance with paragraph 00100-1.08 and Washington State Department of Revenue Rule 171, state and local sales taxes have been included in the Sub -total for Schedule R and that the waiver of industrial insurance immunity in paragraph 00710-5.01 was made pursuant to RCW 4.24.115. We agree that, if we are awarded this Contract, we will be entitled to payment only for actual unit quantities performed and that paragraph 00710-7.01 B shall apply in the event there are quantity increases or decreases in any unit price bid item or sub -item. Signature of Bidder FRANK CCiL! X!01."M BID EVALUATION AND CONTRACT AWARD In accordance with the provisions of these Bidding Documents, bids will be evaluated to determine the lowest Total Bid Price offered by a responsive, responsible bidder. A contract will be awarded, if at all, based on the lowest Total Bid Price proposed by a responsive, responsible bidder. Metro reserves the right to reject any bid, any portion of any bid and/or to reject all bids. Metro further reserves the right, but without obligation, to waive informalities and irregularities. ADDENDUM NO.2 W/M7-94 CITY OF RENTON CITY CLERK'S OFFICE MEMORANDUM DATE: 11-Jan-95 TO: Dave Christensen FROM: Lisa Stephens, ext. 2501t J SUBJECT: CAG-95-002 As requested in your memorandum, the attached document has been signed by City officials and is being returned to you for execution by other parties. When fully executed and returned to you, please return a signed copy of the document to this office for our permanent record file. Thank you. Enclosures: (2) APPROVED BY CITY COUNCIL Date / - y TRANSPORTATION COMMITTEE COMMITTEE REPORT January 9, 1995 North Third Street - Livable Streets Program (Referred 9/12/94) The Transportation Committee concurs in staffs recommendation that Council approve the Cost Sharing Agreement between the City and Metro regarding the North Third Street - Livable Streets Program Project and further recommends that Council authorize the Mayor and City Clerk to execute the agreement. ` L Bob Edwards, Chair Timothy J. Schfi ice Chair Toni Nelson, Member TRANCMT.DOC//bh cc: Mel Wilson Ron Olsen Rod Schindler CITY OF RENTON MEMORANDUM DATE: December 7, 1994 TO: Richard Stredicke, President City Council Members VIA: �'` S �, Mayor Earl Clymer FROM: Gregg Zimmerman STAFF CONTACT: Rod Schindler (X-6219) Dave Christensen (X-6212) SUBJECT: NORTH THIRD STREET Livable Streets Program ISSUE: Council approval to enter into a cost sharing agreement with Metro for the construction of the North Third Street - Livable Streets Program project within North Third Street from Burnett Avenue North to Factory Avenue North. The construction of the street improvements are to be part of the Cedar River Trunkline Relocation Project that Metro is constructing as part of the system improvement identified in the Memorandum of Agreement negotiated by the City and Metro during the latest expansion of Metro's Treatment Plant in Renton. RECOMMENDATION: The Transportation Systems Division staff recommends that Council approve the Cost Sharing Agreement and further recommends that Council authorize the Mayor and City Clerk to execute the agreement. BACKGROUND: Staff, in an effort to expedite the bid award process for Metro has previously requested and has received Council approval for selection of a qualified low bidder (see attached issue paper dated September 12, 1994 and Committee Report dated September 19, 1994). Metro has awarded this contract to Frank Coluccio Construction as the qualified low bidder. The contract was awarded on November 28, 1994. Richard Stredicke, President/City Council Members North Third Street - Livable Streets Program Page 2 The next step for the City and Metro is to enter into a Cost Sharing Agreement that establishes the criterion for cost distribution. Upon execution of this agreement a notice to proceed will be issued and construction is anticipated to begin in January of 1995. The City's share of the North Third Street Improvement project is funded by $398,200 from Boeing mitigation funds and $45,000 from the Business License Fee. To date $195,124 has been spent from this fund on other Livable Street projects including $76,323 for design of North 3rd Street, leaving a balance of $248,076 for construction of North 3rd Street. The estimated cost to the City for construction is $198,910.63. The remaining balance of approximately $49,000 will be utilized to cover staff costs and construction contingencies if necessary. H:DOCS:94-1 11 1 :DMC:ps CITY OF RENTON PLAiNNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 12, 1994 TO: Richard Stredicke, Chair City Council Members VIA: Mayor Earl Clymer FROM:y Gregg Zimmerman STAFF CONTACT Rod Schindler / Transportation Division 277-6219 SUBJECT: NORTH 3RD STREET -- LIVEABLE STREETS PROGRAM ISSUE: Council approval of the lowest qualified bidder for the construction of the Metro/Renton North Third Street Project. The lowest qualified bidder will be selected by Metro with participation and follow-up approval by the City. If bids are not favorable, the City has the right to not participate at this time without jeopardizing Metro's project. RECOMMENDATION: The Transportation Svstems Division staff recommends that the selection of the lowest qualified bidder by Metro be approved by the City if the selection allows the City to participate within the allocated budget and after the selection is discussed in committee. BACKGROUND: The Liveable Streets project is the result of Council Resolution 2708 and the North Renton Arterial Plan. The North 3rd Street project (part of the Liveable Streets program) became feasible when METRO and the City Utility Systems Division chose to relocate the Cedar River Trunk Line (sanitary sewer) on North 3rd Street away from the City's water wells. METRO has agreed to participate in the North 3rd Liveable Street project by providing 50% (agreement has not been finalized, and amount will depend on bids received) of construction and design costs for the project. Funding will consist of S398,200 from Boeing mitigation funds and S45,000 from the Business License Fee. To date S 195,124 has been spent from this fund on other Liveable Street projects including S76,323 for design of N. 3rd St. leaving a balance of S248,076 for construction of N. 3rd St. In 1991 staff estimated the cost of North 3rd Liveable Street Improvements at S520,000 including design and administration. With favorable bids and Metro participation staff feels N. 3rd St. can be constructed at this time. Metro will be the lead agency for administration of this project and to make the official contract award_ In an effort to minimize delaying the contract award by Metro, Transportation Division staff would like this issue left in committee until such time as a recommended low bidder can be determined. In this manner the City will be able to give approval of the low bidder while Metro is preparing the construction contract documents. Metro advertised this project on August 12, 1994, the bid opening is set for September 14, 1994. APPROVE© TRANSPORTATION COMMITTEE COMMITTEE REPORT September 19, 1994 PROTECT: NORTH RENTON LWEABLE STREETS - NORTH 3RD STREET (Referred 9/12/94) The Transportation Committee recommends approval of the lowest responsive bidder for the Metro / Renton North Third Street Project. Metro will determine and make the recommendation, and award subject to review of all bids submitted on September 14, 1994. Staff has reviewed the three lowest bids and each bid, in conjunction with a cost sharing agreement with Metro is within the amount budgeted for this project. Bob Edwards, Chair Toni Nelson, Member cc: Mel Wilson Rod Schindler 7 9 9� 8tz \i Earl Clymer, Mayor CITY OF RENTON Office of the City Attorney Lawrence J. Warren MEMORANDUM - To: Dave Christensen, Wastewater Utility _ From: Lawrence J. Warren, City Attorney Date: October 17, 1994 Subject: Utilities Cooperation Agreement with Metro for Metro's Cedar River Trunk Relocation Project -Phase II and City of Renton's North Third Livable Streets Project I have reviewed the above -referenced document and the same is approved as to legal form except for the last part of section 13, on page 7, concerning mediation and arbitration. There are not enough details on such things as who pays the costs, the rules to be followed in arbitration, and whether or not the arbitration is binding. The City might also want to beef up the hold harmless since the City is doing no work. This last suggestion is more policy than legal. If you wish, I can suggest language for you. Lawrence J. arren LJW:as. , cc: Mayor Earl Clymer A8:108.83. Post Office Box 626 -100 S 2nd Street - Renton, Washington 98057 - (206)255-8678 UTILITIES COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF RENTON AND KING COUNTY FOR METRO'S CEDAR RIVER TRUNK RELOCATION PROJECT - PHASE II AND CITY OF RENTON'S NORTH THIRD LIVEABLE STREETS PROJECT THIS AGREEMENT is made by and between the DEPARTMENT OF METROPOLITAN SERVICES a political subdivision of the State of Washington (hereinafter "Metro"), and THE CITY OF RENTON (hereinafter the "City"), a municipal corporation of the State of Washington, WHEREAS, the County through its Department of Metropolitan Services plans to construct a new 42-inch sewer pipeline between Burnett Avenue North and Brooks Street as part of the Cedar River Trunk Relocation -Phase II; and WHEREAS, the design and installation of the new sewer line requires the reconnection of the City's local sewer system at numerous points along the route of the Project; and WHEREAS, the City wishes to make street improvements to North Third Street between Burnett Avenue North and Factory Avenue North as part of the City's Liveable Streets Project; and WHEREAS, Renton and Metro have agreed that the City will compensate the County for construction activities related to the street improvements. NOW, THEREFORE, in consideration of the provisions and conditions set forth herein, it is mutually agreed by and between the City and Metro as follows: I. DEFINITIQN5 For the purpose of this Cooperation Agreement, the terms underlined in the numbered paragraphs of this Section 1 shall have the meanings set forth to the underlined term. 1.1 City - - The City of Renton, Washington, a municipal corporation. 1.2 City Council - - The Council of the City of Renton. -1- Ul I-1=1— 7H r([I CJf.1G 111•11C 1ru Wr LU r,uj 110111 ICL IYu•G•Ju u� clue i 1.3 The individual assigned by the City to carry out the respo sibilities set forth in this AgTeement- County- - King County, a political subdivision of the State of Washington. 1.5 Contract Documents - - All documents, including those referenced therein, set forth in Contract No. W /M7-94 between County and Contractor. 1.6 Contractor - - Contractor hired by County to construct the Project pursuant to Contract No. W/M7-94. 1.7 Metr - - King County Department of Metropolitan Services. 1.8 Director - - Executive Director of Metro. 1.9 Final Plans - - The plans and specifications set forth in the Contract Documents. 1.10 Im2lement or Implementation - - Plan, design, construct, operate, maintain, regulate or otherwise manage or take action to carry out the Project. 1.11 Metro Director of Technical Services - - That individual who directs and is responsible for the actions of Metro's Technical Services Department personnel who are officially assigned to the Project. 1.12 Metro Project Manager - - The individual assigned by Metro to carry out the responsibilities set forth in this Agreement. 1.13 Metro Resident Fn i'neer - - The staff engineer employed by Metro who is responsible for technical coordination of the Project. 1.14 Original Contract Amok - - The original amount awarded to the Contractor for construction of the Project or portions of the Project pursuant to the Contractor's bid. 1.15 Project - - Construction of a new 42-inch sewer pipeline between Burnett Avenue North and Brooks Street as part of the Cedar River Trunk Relocation Project - Phase II, and street improvements to North Third Street between Burnett Avenue North and Factory Avenue North as part of the City's Liveable Streets Project. 1.16 Project Dispute - - A dispute between the County and the City arising out of or relating to the Project. -2- This Agreement, including specifications, drawings and contract documents, reflects the understanding between the parties regarding the matters covered. This Agreement incorporates and supersedes all prior negotiations and agreements between the parties related thereto. 3. SCHEDULE The Project duration indicated in the Final Plans is 250Vdays following Notice to Proceed. The Final Plans require that the Contractor submit a Project schedule within 10 days following Notice to Proceed and at least five days prior to beginning of construction, said schedule must conform to the construction sequencing constraints specified in the Final Plans. Metro will transmit said schedule to the City for review of the construction sequencing for the street restoration, The City agrees to respond within five (5) r days of receipt of said schedule from Metro. The Project will be constructed in accordance with said Project schedule or approved modifications. �.IoKK,^/y The parties agree that time is of the essence in the construction of the Project and agree not to hinder or delay the Project schedule. Metro agrees to transmit within 24 hours (counting only working days) following receipt, the updated schedules which are submitted by its contractor for review by the City. Any updated schedules so reviewed by the City supersede the preceding schedules. The parties further agree to meet at least weekly, with or without the Contractor being present, to discuss schedule information for the purpose of mitigating conflicts and facilitating planning. 4. PLANS ANP SPECIFICATIQ,S5 Metro has prepared, by and through its in-house engineering staff, plans and specifications stamped and dated August 1994 which describe and specify the requirements for the construction of the sewer line work. The City has prepared, by and through its in-house engineering staff and/or consultants, plans and specifications stamped and dated July 1994 (hereinafter referred to as "City Plans"), which describe and specify the requirements for the construction of its North Third Liveable Streets Project. The City Plans were incorporated into the Metro Plans for purposes of bidding, contract administration and construction, and are part of the Contract Documents. The combined plans are defined herein as the Final Plans. Metro will act as the lead agency supervision, and construction of the Project in the management, implementation, Metro's Resident Engineer will be the -3- UL I -1'1- 7'1 11' l u r : L'1 1 0: 1*1C 11V .1u 11— I'1u1 i. , GL .— _Uo .— -- City payments to Metro pursuant to any Metro �itute final approval of any specific item hy elther party. primary contact with the Contractor. The City's Engineer shall direct all cUminurlic dtiurl to tlic Contractor through Metro's Resident Engineer including all requests for field adjustments, correcting deficiencies, and/or implementing design changes as required. Metro's Resident Engineer will evaluate the changes In consultation with the City's Engineer, identifying any potential contractual issues that will need to be addressed before directing the Contractor accordingly_ 6. COMPENSATION A. �;4. The City agrees that it will compensate the County a sum of $161,115, equal to 507o of the Original Contract Amount excluding sales tax for construction of that part of the Project commonly referred to as street improvements to North Third Street between Burnett Avenue North and Factory Avenue North for which the City prepared or had prepared the plans and specifications ("City Plans"). The City further agrees to reimburse the County $$20,000 equal to 100% of the Original Contract Amount excluding sales tax for construction of storm drains at stations 5+27, 7+97 and 13+56 which. are shown in the Final Plans and as indicated in the bidding schedule as Item No C, h lg 00 { (o4� The City will reimburse Metro an additional amount of to $� cover State sales tax for the City share of the storm drain W10,RniWrA, construction. I-►�t Q,. The City will reimburse Metro for u dr �d percent UWA) of the 0`0 cost of change orders on the Project which are related to the City Plans for the street improvements and Athe above -referenced storm drains. C>11E MuaJD12EA (,I -o%, F- B. Metro shall invoice the City monthly with its invoices requesting reimbursement. Back-up documentation shall accompany the reimbursement request. City shall review the invoice and either notify Metro of any disputed dillvunts, identifying said amounts with specificity, or process for payment any undis uted costs within ten (10) workin), days of r voice and pay Metro within thirty (30) da s of receipt of invoice. The City shall pay Metro for the amounts of unresolved spu a costs in the next immediate pay cycle�oL.�w T Leo `/dc invoice shall not LTx5 C. Audit. During progress of the Project and for a period of not less than three (3) years from the date of final acceptance by Metro and the City, records pertaining to the Project and accounting therefore will be kept available by Metro and by the City for inspection and audit by either party. Copies of these records shall be furnished upon request and shall be maintained in accordance with a work order accounting procedure prescribed by the Division of Municipal Corporations of the State Auditor's office. -4- OCT-117"94 F-F'1 0(/ 1J 1U:MEIHU WHLO HHUJ MUMI ILL NIJ:20b t1V' 10 I aryl 1► ' \ O Metro will, upon completion of the Project, request in writing that the City conduct a final Inspection. When the final inspection satisfies the requirements of the contract documents and the City standards, the City will provide a written Notice of Acceptance. Within five (5) working days of receipt of said written request, the City will inspect all aspects of the street restoration, reconnection of local sewer system, and, if needed, prepare a written punchlist of deficient work. The City will transmit to Metro within ten no) working days of said inspection the said punchlist which shall identify the corrective work deeded. Said punchlist shall Identify the corrective work needed with specificity. When Metro has completed the work identified on the punchlist, it will request in writing, a re -inspection from the City. Within five (5) working days of receipt of said written request, the City will inspect all work and, if needed, a ain prepare a written punchlist of work not completed, which it will transmit to 0 l'iertzfl within five (5) days of said re -inspection. Said punchlist .Oall identify the corrective work needed with specificity. The process shall be repeated until all work has been completed, at which time the City will prepare a written Notice of Acceptance and transmit same to Metro. Upon the date of notice of acceptance by the City, the City will assume ownership and maintanance responsibilities of the City's sewer lines. The City shall assume ownership and operational res lities of reconnected local sewer lines once they are providing sewer service. e shall be the only one to operate those sewer lines once they are activated. All work on the North Third Llveable Streets portion of the Project will be warranted to be free from defects in design, workmanship and materials for a period of one (1) year following the date of Notice of Acceptance by the City; provided this warranty shall not cover design defects in the plans prepared by the City or the City's agent. 9. INDEMNIFICATION Metro and the City agree to mutally defend, indemnify and hold each other harmless from any loss or liability from claims for damages, costs or other expenses resulting from or arising out of implementation of the Project, to the extent such loss or liability, damages, costs including defense cost and attorneys fees, or other expenses result from the acts or omissions of each parties employees, agents, or contractors. -5- In the event that a permit, license, or contract related to the Project shall contain an indemnity or hold harmless provision, this section shall supersede such provision and shall control any indemnity issue between the City and the County. Upon request, Metro will transmit a copy of the performance and payment bonds it receives from its Contractor to the City. �— * • . Lei M WAA This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court for King County. 12. MISCELLANEOUS t- 0er O A. Notice. All Notices to ou y required under the terms of this Agreement shall be given in writing, addressed as follows: King County Department of Metropolitan Services 821 Second Avenue, MS 117 Seattle, Washington 98104 Attn: Mann -Ling Thibert, Project Manager Telephone: (206) 684-6785 Fax: (206) 684-1710 All Notices to the City required to be given under the terms of this Agreement unless otherwise specified herein, or as may be amended, shall be given In writing, addressed as follows: Utility Systems Division Public Works Department Municipal Building 200 Mill Avenue South Renton, Washington 98055 Attn: David Christensen, Project Manager Telephone: (206) 277-6212 Fax: (206) 235-2631 All notices issued under this Agreement shall be deemed received on the next business day after being deposited in the United States mail in Seattle, or at the time they are actually hand -delivered to the addressee. B. Publicity. All news releases and public reports issued by County or the City describing any activity on the Project involving both parties should include a ZZ reference to the other party. Neither party will release any information about the Project to the news media or to the public without the prior written consent of tha��I Metro and City Project Managers. n �tIt'�&Zo L� 13, PROTECT DISPUTE RESQLU'TTQIi Q1" Ix . 1nW���`1 The Director and the Metro Project Manager and City; roject Ma alter shall use their best efforts to resolve disputes and other matters betweeFr �tro a.lid the City arising out of or relating to the Project (Project Disputes). Anoject Dispute that cannot be resolved by the Project Managers and the Director be reviewed by the County Executive and the Mayor of the City. Metro and City a ree to exhaust each of these procedural steps including professional mediation and/or arbritration before seeking to resolve project disputes in a court of law or other tribunal. 14. AMENDMENT, WAIVER This Agreement shall not be amended except in writing, executed by both Metro and the City. The provisions of this Agreement cannot be waived except by written agreement of the party against whom a waiver may be asserted. 15. CAPTIONS Sectiun titles or other headings contained in this Agreement are for convenience only and shall not be part of this Agreement, nor be considered in its interpretation. 16. BINDING UPON SUCCESSOK5 This Agreement shail inijrP to the benefit of, and be binding upon the successors and assigns of both Metro and the City. 17. COUNTERPART5 This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall constitute one and the same instrument. 18. NQN-WAIVER By executing this Agreement, neither parry shall be deemed to have waived, released or contracted away any powers, obligations or responsibilities granted or imposed by law. Metro and the City do nut intend the terms of this Agreement to apply to any Metro facilities other than the Project. 19. NQ THIRD -PARTY BENEFICIARM -7- This Agreement is entered into solely for the mutual benefit of Metro and the City. This Agreement is not entered into with the intent that it shall benefit any other person and no other such person shall be entitled to be treated as a third -party beneficiary of this Agreement. 20. EFFECTIVE DATE This Agreement shall take effect when both parties hereto have executed this document. IN WITNESS WHEREOF, the partles have executed this Agreement as of the dates indicated below. THE CITY OF RENTON �a rz_� tC,v ( "q� , =;Z- Date: KING COUNTY Date: King County Executive C CITY OF RENTON MEMORANDUM DATE: December 7, 1994 TO: Richard Stredicke, President City Council Members CONCUR ENCE Clymer DATE� Mayor Earl CI -----1 VIA: y y N-� INITIAL/DAY FROM: Gregg Zimmerman ` STAFF CONTACT: Rod Schindler (X-6219) / $ Dave Christensen (X-6212) G rPq 2- e / SUBJECT: NORTH THIRD STREET Livable Streets Program (v ISSUE: (M�a►7�(G Council approval to enter into a cost sharing it Metro for the construction PP of the North Third Street - Livable Streets Program project within North Third Street from Burnett Avenue North to Factory Avenue North. The construction of the street improvements are to be part of the Cedar River Trunkline Relocation Project that Metro is constructing as part of the system improvement identified in the Memorandum of Agreement negotiated by the City and Metro during the latest expansion of Metro's Treatment Plant in Renton. RECOMMENDATION: 'A dui (J 5 Tyie Transportation Systems Division staff recommends that Council approve the Eest and further recommends that Council authorize the Mayor and City Clerk to execute the agreement. BACKGROUND: Staff, in an effort to expedite the bid award process for Metro has previously requested and has received Council approval for selection of a qualified low bidder (see attached issue paper dated September 12, 1994 and Committee Report dated September 19, 1994). Metro has awarded this contract to Frank Coluccio Construction as the qualified low bidder. The contract was awarded on November 28, 1994. Richard Stredicke, President/City Council Members North Third Street - Liveable Streets Programme 6 ! Page 2OWN L� The next step for the City and Metro is to emeeut a Cost Sharing Atjfeemen* that vN establishes the criterion for cost distribution. Upon execution of this a notice to proceed will be issued and construction is anticipated to begin 7anuaryof 1995.S � The City's share of the North Third Street Improvement project is funded by $398,200 from Boeing mitigation funds and $45,000 from the Business License Fee. To date $195,124 has been spent from this fund on other Livable Street projects including $76,323 for design of North 3rd Street, leaving a balance of $248,076 for construction of North 3rd Street. The estimated cost to the City for construction is $198,910.63. The remaining balance of approximately $49,000 will be utilized to cover staff costs and construction contingencies if necessary. H:DOCS:94-1 1 1 1:DMC:ps CITY OF RENTON "LL Office of the City Attorney Earl Clymer, Mayor Lawrence J. Warren MEMORANDUM DEC 2 2 1994 CITY OF 11-cN, r To: John Hobson Engineering Dept, From: Lawrence J. Warren, City Attorney Date: December 22, 1994 Subject: Utilities Cooperation Agreement - Metro's Cedar River Trunk Relocation Project Phase II and North Third Livable Streets Project - King County I have reviewed the above -referenced document and the same is approved as to legal form. ?'Lawrence J. arren LJW: as. cc: Mayor Earl Clymer A8:111.16. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206)255-8678 THIS PAPER CONTAINS 50% RECYCLED MATERIAL, 10% POST CONSUMER CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 21, 1994 TO: Larry Warren FROM: John Hobson (277-6179) SUBJECT: City of Renton/Metro Utilities Cooperation Agreement for Cedar River Trunkline Relocation/North Third Livable Street Improvements Enclosed please find the above referenced agreement. The revisions that Metro's legal department and you agreed upon have been attached on a separate set of pages. Please review this document and return your comments to me. Thank You. H:D0CS:94-1161:JDH:ps Enclosure ""&METRO Municipality of Metropolitan Seattle DEC 1 Exchange Building • 821 Second Ave. • Seattle, WA 98104-1598 ,' 094 CITY OF RENTON December 14,1994 Engineering Dept Dave Christensen Wastewater Utility Supervisor 200 Mill Avenue South Renton, WA 98055 SUBJECT: Utilities Cooperation Agreement for the Cedar River Trunkline Relocation Phase II/ North Third Livable Street Improvements Dear Dave: Enclosed is the draft utilities agreement for the above mentioned project. As we discussed, Metro and the City's respective Attorney's still need to finalize language regarding indemnification provisions. In the meantime, please review the draft agreement to determine if it is acceptable to the City. If you have any questions or concerns, please give me a call at (206) 684 -1844. Sincerely, Stan Hummel Water Quality Engineer Water Pollution Control Department • (206) 684-1280 9 Clean Water —A Sound Investment UTILITIES COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF RENTON AND KING COUNTY FOR METRO'S CEDAR RIVER TRUNK RELOCATION PROJECT - PHASE II AND CITY OF RENTON'S NORTH THIRD LIVABLE STREETS PROJECT THIS AGREEMENT is made by and between KING COUNTY a political subdivision of the State of Washington (hereinafter "the County"), and THE CITY OF RENTON (hereinafter the "City"), a municipal corporation of the State of Washington. WHEREAS, in accordance with a memorandum of agreement (hereinafter "MOA") executed June 6, 1991, the County plans to construct a new 42-inch sewer pipeline between Burnett Avenue North and Brooks Street as part of the Cedar River Trunk Relocation -Phase II; and WHEREAS, the design and installation of the new sewer line requires the reconnection of the City's local sewer system at numerous points along the route of the Project; and WHEREAS, the City would normally require restoration of the street surface as a condition of permits for the pipeline project; and WHEREAS, the City desires to make street improvements to North Third Street between Burnett Avenue North and Factory Avenue North as part of the City's Livable Streets Project and in lieu of the aforementioned street restoration, has requested that the County share the cost of said improvements and substitute the improvements for the restoration work that the County would otherwise be required to undertake; and WHEREAS, the City and the County have agreed that Metro will manage and construct both the new sewer line and the street improvements and that the City will compensate Metro for construction activities related to the street improvements and storm drains. NOW, THEREFORE, in consideration of the provisions and conditions set forth herein, it is mutually agreed by and between the City and the County as follows: - 1 - 1. DEFINITIONS For the purpose of this Cooperation Agreement, the terms underlined in the numbered paragraphs of this Section 1 shall have the meanings set forth to the underlined term. 1.1 City - - The City of Renton, Washington, a municipal corporation. 1.2 City Engineer - - The staff engineer assigned by the City to carry out the responsibilities set forth in this Agreement. 1.3 City Project Manager - - The individual assigned by the City to carry out the responsibilities set forth in this Agreement. 1.4 County - - King County, a political subdivision of the State of Washington. 1.5 Contract Documents - - All documents, including those referenced therein, set forth in Contract No. W/M7-94 between County and Contractor. 1.6 Contractor - - Contractor hired by Metro to construct the Project pursuant to Contract No. W/M7-94. 1.7 Director - - Executive Director of Metro. 1.8 Final Plans - - The plans and specifications set forth in the Contract Documents. 1.9 Implement or Implementation - - Plan, design, construct, operate, maintain, regulate or otherwise manage or take action to carry out the Project. 1.10 Metro - - King County Department of Metropolitan Services. 1.11 Metro Director of Technical Services - - That individual who directs and is responsible for the actions of Metro's Technical Services Department personnel who are officially assigned to the Project. 1.12 Metro Project Manager - - The individual assigned by Metro to carry out the responsibilities set forth in this Agreement. -2- 1.13 Metro Resident Engineer - - The staff engineer employed by Metro who is responsible for technical coordination of the Project. 1.14 Original Contract Amount - - The original amount awarded to the Contractor for construction of the Project or portions of the Project pursuant to the Contractor's bid. 1.15 P/B/PW Administrator - - the head of the department responsible for coordinating and facilitating City personnel and contractors directly involved with the Project. 1.16 Project - - Construction of a new 42-inch sewer pipeline between Burnett Avenue North and Brooks Street as part of the Cedar River Trunk Relocation Project - Phase II, and street improvements to North Third Street between Burnett Avenue North and Factory Avenue North as part of the City's Livable Streets Project. 1.17 Protect Dispute - - A dispute between the Metro and the City arising out of or relating to the Project. 2. UNDERSTANDING This Agreement, including specifications, drawings and contract documents, reflects the understanding between the parties regarding the matters covered. This Agreement incorporates and supersedes all prior negotiations and agreements between the parties related thereto provided that if there is anything herein which is inconsistent with the MOA, the MOA shall control. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of Metro or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the City. Metro shall comply, and shall ensure that its contractors comply, with all federal, state, and local laws, regulations, and ordinances applicable to the work and services to be performed under this Agreement. 0 The Project duration indicated in the Final Plans is 250 calendar days following Notice to Proceed. The Final Plans require that the Contractor submit a Project schedule within 10 days following Notice to Proceed and at least five days prior to beginning of construction, said schedule must conform to the construction sequencing constraints specified in the Final Plans. Metro will transmit said schedule to the City for review of the construction sequencing for the street restoration. The City -3- agrees to respond within five (5) working days of receipt of said schedule from Metro. The Project will be constructed in accordance with said Project schedule or approved modifications. The parties agree that time is of the essence in the construction of the Project and agree not to hinder or delay the Project schedule. Metro agrees to transmit within 24 hours (counting only working days) following receipt, the updated schedules which are submitted by its contractor for review by the City. Any updated schedules so reviewed by the City supersede the preceding schedules. The parties further agree to meet at least weekly, with or without the Contractor being present, to discuss schedule information for the purpose of mitigating conflicts and facilitating planning. Metro has prepared, by and through its in-house engineering staff, plans and specifications stamped and dated August 1994 which describe and specify the requirements for the construction of the sewer line work. The City has prepared, by and through its in-house engineering staff and/or consultants, plans and specifications stamped and dated July 1994 (hereinafter referred to as "City Plans"), which describe and specify the requirements for the construction of its North Third Livable Streets Project. The City Plans were incorporated into the Metro Plans for purposes of bidding, contract administration and construction, and are part of the Contract Documents. The combined plans are defined herein as the Final Plans. Metro will act as the lead agency in the Implementation of the Project. Metro's Resident Engineer will be the primary contact with the Contractor. The City's Engineer shall direct all communication to the Contractor through Metro's Resident Engineer including all requests for field adjustments, correcting deficiencies, and/or implementing design changes as required. Metro's Resident Engineer will evaluate the changes in consultation with the City's Engineer, identifying any potential contractual issues that will need to be addressed before directing the Contractor accordingly. 6. COMPENSATION A. City. The City agrees that it will compensate Metro a sum of $161,115, equal to 500 of the Original Contract Amount excluding sales tax for construction of that part of the Project commonly referred to as street improvements to North Third Street between Burnett Avenue North and Factory Avenue North for which the City prepared or had prepared the plans and specifications -4- ("City Plans"). The City further agrees to reimburse the County $20,000 equal to 1000 of the Original Contract Amount excluding sales tax for construction of storm drains which are shown in the Final Plans and as indicated in the bidding schedule as Item No. M8. The City will reimburse Metro an additional amount of $1,640.00 to cover State sales tax for storm drain construction in Bid Item M8. The City will reimburse Metro for one hundred percent (1000) of the cost of change orders on the Project which are related to the City Plans for the street improvements and the above -referenced storm drains. For change orders resulting from unforeseen conditions in the field which could not be anticipated by the City Plans, the City shall reimburse Metro fifty percent (50 0 ) of the cost. B. Metro shall invoice the City monthly with its invoices requesting reimbursement. Back-up documentation shall accompany the reimbursement request. City shall review the invoice and either notify Metro of any disputed amounts, identifying said amounts with specificity, or process for payment any undisputed costs within ten (10) working days of receipt of invoice and pay Metro within forty-five (45) days of receipt of invoice. The City shall pay Metro for the amounts of unresolved disputed costs in the next immediate pay cycle following resolution of those items. City payments to Metro pursuant to any Metro invoice shall not constitute final approval of any specific item by either party. C. Audit. During progress of the Project and for a period of not less than three (3) years from the date of final acceptance by Metro and the City, records pertaining to the Project and accounting therefore will be kept available by Metro and by the City for inspection and audit by either party. Copies of these records shall be furnished upon request and shall be maintained in accordance with a work order accounting procedure prescribed by the Division of Municipal Corporations of the State Auditor's office. WHENEFOREMMUNUff5m 0 •hS, WA 0 Metro will, upon completion of the Project, request in writing that the City conduct a final inspection. When the final inspection satisfies the requirements of the contract documents and the City standards, the City will provide a written Notice of Acceptance. Within five (5) working days of receipt of said written request, the City will inspect all aspects of the street restoration, reconnection of local sewer system, and, if needed, 5611 prepare a written punchlist of deficient work. The City will transmit to Metro within ten (10) working days of said inspection the said punchlist which shall identify the corrective work needed. Said punchlist shall identify the corrective work needed with specificity. When Metro has completed the work identified on the punchlist, it will request in writing, a re -inspection from the City. Within five (5) working days of receipt of said written request, the City will inspect all work and, if needed, again prepare a written punchlist of work not completed, which it will transmit to Metro within five (5) days of said re -inspection. Said punchlist shall identify the corrective work needed with specificity. The process shall be repeated until all work has been completed, at which time the City will prepare a written Notice of Acceptance and transmit same to Metro. Upon the date of notice of acceptance by the City, the City will assume ownership and maintenance responsibilities of the City's sewer lines. The City shall assume ownership and operational responsibilities of reconnected local sewer lines once they are providing sewer service. The City shall be the only one to operate those sewer lines once they are activated. 8. WARRANTY All work on the North Third Livable Streets portion of the Project will be warranted to be free from defects in design, workmanship and materials for a period of one (1) year following the date of Notice of Acceptance by the City; provided this warranty shall not cover design defects in the plans prepared by the City or the City's agent. 9. INDEMNIFICATION `yo►1 �hcrY� Metro and the City agree to mutually defend, indemnify and hold each other harmless from any loss or liability from claims for damages, costs or other expenses resulting from or arising out of implementation of the Project, to the extent such loss or liability, damages, costs including defense cost and attorneys fees, or other expenses result from the acts or omissions of each parties employees, agents, or contractors. In the event that a permit, license, or contract related to the Project shall contain an indemnity or hold harmless provision, this section shall supersede such provision and shall control any indemnity issue between the City and the County. Upon request by the City, Metro will transmit a copy of the performance and payment bonds it receives from its Contractor to the City. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court of King County. 12. MISCELLANEOUS A. Notice. All Notices to Metro required under the terms of this Agreement shall be given in writing, addressed as follows: King County Department of Metropolitan Services 821 Second Avenue, MS 117 Seattle, Washington 98104 Attn: Mann -Ling Thibert, Project Manager Telephone:(206) 684-6785 Fax: (206) 684-1710 All Notices to the City required to be given under the terms of this Agreement unless otherwise specified herein, or as may be amended, shall be given in writing, addressed as follows: Utility Systems Division Public Works Department Municipal Building 200 Mill Avenue South Renton, Washington 98055 Attn: David Christensen, Telephone: (206) 277-6212 Fax: (206) 235-2631 All notices issued under received on the next business day United States mail in Seattle, or hand -delivered to the addressee. Project Manager this Agreement shall be deemed after being deposited in the at the time they are actually B. Publicity. All news releases and public reports issued by County or the City describing any activity on the Project involving both parties should include a reference to the other party. Neither party will release any information about the Project to the news media or to the public without the prior written consent of the other party. -7- The Project Manager's shall use their best efforts to resolve a disputes and other matters between Metro and the City arising out Oof or relating to the Project (Project Disputes). Any Project Dispute that cannot be resolved by the Project Managers will be resolved by following the dispute resolution procedures as ,�CQfG� outlined in Section 8. of the MOA. Metro and the City agree to 5 exhaust each of the outlined procedural steps before seeking to resolve disputes in a court of law or other tribunal, except to the extent that these procedures conflict with formal administrative appeal procedures. 14. AMENDMENT, WAIVER This Agreement shall not be amended except in writing, executed by both Metro and the City. The provisions of this Agreement cannot be waived except by written agreement of the party against whom a waiver may be asserted. 15. CAPTIONS Section titles or other headings contained in this Agreement are for convenience only and shall not be part of this Agreement, nor be considered in its interpretation. 16. BINDING UPON SUCCESSORS This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of both Metro and the City. NUMENT9165v 51 .... 03 This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall constitute one and the same instrument. 18. NON -WAIVER By executing this Agreement, neither party shall be deemed to have waived, released or contracted away any powers, obligations or responsibilities granted or imposed by law. Metro and the City do not intend the terms of this Agreement to apply to any Metro facilities other than the Project. This Agreement is entered into solely for the mutual benefit of Metro and the City. This Agreement is not entered into with the intent that it shall benefit any other person and no other such person shall be entitled to be treated as a third -party beneficiary of this Agreement. This Agreement shall take effect when both parties hereto have executed this document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. THE CITY OF RENTON KING COUNTY Earl Clymer, Mayor Carolyn Purnell, Deputy Executive for Metro/Executive Director Date: Date: Attest: Marilyn Petersen, City Clerk Date: Approved as to Form: Deputy Prosecuting Attorney DEC-20-'94 TUE 09:47 ID:METRO WPCD PROD MGMT TEL NO:206 684 2167 4366 P01 King County Department of Metropolitan Services (Metro) FAX TRANSMITTAL COVER SHEET (206) 684-2167 TO: FAX' FROM: PHONE: FAX: NO. OF PAGES: 5 Dave Chrlstensen 235 20-')4 t Stan Hummel �206 684-1844 206 684-2167 (including this cover sheet) DATE: December 20, 1994 COMMENTS: Attached are the revised sections for dispute resolution and indemnification. It you have any problems with this transmission, please call (2y6) 689.3432. 'Thank you. DEC-23-194 TUE 39!4? ID:METP.O WPCD PP.OJ MGMT TEL N0:206 694 2167 tt366 PD2 needed. Said punchlist shall identify the corrective work needed with specificity. when Metro has completed the work identified on the punt-hlist, it will reque5t ii, writing, a re -inspection from tht City. Within five (5) working days of receipt of &31d written request, the City will inspect all work and, if needed, again prepare a written punchli�L of work not completed, which it wjll. transmit to Metro within five (5) days of said re -inspection. Said punchlist shall identify the corrective work needed with specificity. The process shall be repeated until all work has been completed, at which time the City will prepare a written Notice of Acceptance and transmit same to Metro. upon the date of notice of acceptance by the City, tha City will assume ownership and maintenance responsibilities of the City's sewer lines. The City shall assume ownership and operational responsibilities of reconnected local sewer lines once they are providing sewer service. The City shall be the only one to operate those sewer lines once they are activated. S. WARRANTY All work on the North Third Livable Streets portion of the project will be warranted to be free from defects in design, workmanship and materials for a period of one (1) year following the date of Notice of Acceptance by the City; provided this warranty shall not nnver design defects in the plans prepared by the City or the Cit,y's agent, 9 _ INDEMNIFICATION The provisions of this section shall Survive the expiration or termination of this Agreement. y,l To the extent allowed by law, Metro shall defend, indemnify and hold harmless the City, its elected officials, �G employees and agents from and against any and all suits, claims, actions, losses, costa, expenses of litigation, attorneys fees, I� penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to an act or omission of Metro, its employees, agents, and contractors in the performance of Metro's ohligations under this Agreement. In the event of litigation between the partie3 to enforce the rights under this section, reasonable arrnrnPy's fees shall be allowed to the prevailing party. Tii:s indemnification provi3ion ohall include, but is not limited to, all claims against. the City by an employee or former employee of Metro or its contractors and, as to such claims, Metro expre331y waives all immunity and limitation on liability under Title 5i RCW. .6- DEC-20-'94 TUE 09:43 ID: METRO WPCD PROJ MGMT TEL NO: 206 634 2167 9366 P03 9.2 To the extent allowed by law, the City shall defend, indemnify and hold harmless Metro, its elected officials, employees and agents from and against any and all suits, claims, actions, losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to an act or omission of the City, its employees, agents, and contractors in the performance of the City's obligations under this Agreement. In the event of litigation between the parties to enforce the rights under this section, reasonable attorney's fees shall be allowed to the prevailing party. This indemnification obligation shall include, but is not limited to, all claims against Metro by an employee or former employee of the City or its contractors and, as to such claims, the City expressly waives all immunity and limitation on liability under Title 51 RCW, • i XUL-00=4414P2 Upon request by the City, Metro will transmit a copy of the performance and payment bonds it receives Irom its Contractor to the City. 11. rHnTr7 n7 T,AW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court of King County, A. Notjcg, All Notices to Metro required under the terms of this Agreement shall be given in writing, addressed as follows: King County Department of Metropolitan Services 821 Second Avenue, MS 117 Seattle, Washington 98104 Attn: Mann -Ling Thibert, Project Manager Telephone:(206) 684-6785 Fax: (206) 684-1710 All Notices Lo the City required to be given under the terms of this Agreement unless otherwise specified herein, or as may be amended, shall be given in writing, addressed as follows: Utility Systems Division Public Works Department Municipal Building 200 Mill Avenue South Renton, Washington 96055 Attn: David Christensen, Telephone: (206) 277-6212 Fax: (206) 235-2631 Project Manager -7- DEC-20-'94 TUE 09!�2 ID-METPO WPCD PP.OJ MGMT TEL N0!206 69-1 21G? tt3ee Poll All notices issued under received on the next business HAY United States mail in Seattle, or hand -delivered to the addressee. this Agreement shall be deemed after being deposited in the at the time they are actually R. FLhlieitk. Al' news release* and public reports issued by county or the City describing any activity nn the Project involving both parties should include a reference to the other party. Neither party will release any information about the Project to the news media or to the public without the prior written consent of the other party. 13, �e, Any disputes arising out of this ay.eernent shall be resolved I"4 pursuant to the dispute resolution provision set forth in Section © of the Memorandum of Agreement between the City of Renton and Municipality or Metropolitan 5eattle. TYiis Agreement shall not be amended except in writing, executed by both Metro and the City. The provisions of this Agreement cannot be waived except by written agreement of the party against whom a waiver may be asserted. 15. CAPTIONS Section titles or other headings contained in this Agreement are for convenience only and shall not be part of this Agreement, nor be considered in it* interpretation. This Agreement shall inure to the benefit or, and be vindiag upon the successors and assigns of both Metro and the City. 17. nnr]NTERR RTc This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall constitute one and the same instrument. 18. Nnm-WAIVER By executing this Agreement, neither party shall be deemed to have waived, released or contracted away any powers, obligations or responsibilities granted yr imposed by law. Metro and the City do not intend the terms of this Agreement to Apply to any Metro facilities other than the Project. -8- DEC-20-994 TUE 09:49 ID:METRO WPCD PROJ MGMT TEL N0:206 634 2167 #366 P05 — This Agreement is entered into solely for the mutual benefit of Metro and the City. This Agreement is not entered into with the intent that it shall benefit any other person and no other such person shall be entitled to be treated as a third -party beneficiary of this Agreement. 3. iMi v0� This Agreement shall take effect when both parties hereto have executed this document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. THE CITY OF RENTON Earl Clymer, Mayor Date: KING COUNTY Carolyn Purnell, Deputy Executive for Metro/Executive Director Date: Attest: Marilyn Petersen, City Clerk Date: Approved as to Form: Deputy Prosecuting Attorney c.- Earl Clymer, Mayor December 9, 1994 CITY OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Bill Nitz King County Department of Metropolitan Services (METRO) 821 Second Avenue, M.S. 130 Seattle, WA 98104-1598 SUBJECT: UTILITIES COOPERATION AGREEMENT CEDAR RIVER TRUNKLINE RELOCATION PHASE 2/ NORTH THIRD LIVABLE STREET IMPROVEMENT Dear Bill: We have received your attorney's reply to the City's proposed changes to the above - referenced agreement, (memo dated December 5). There are still two sections that our respective attorneys are in disagreement with regard to language within the agreement. The first disagreement is with Section 9. The City Attorney believes that since our proposed language change in this section is the exact language that Metro and the City settled on in a previous agreement, that it should be acceptable to Metro (City/Metro agreement for Boeing traffic mitigation). The second disagreement is with Section 13. The City Attorney believes that the language in this section is too vague with regards to the rules governing mediation and arbitration. He has suggested that the existing language be deleted and replaced with language that refers to the Memorandum of Agreement for Project Dispute Resolution. I believe in order to expedite the finalization of this agreement, that the attorneys reply directly to each other to finalize language that is acceptable. The City Attorney is Larry WAuza-who ere ched at (206) 255-8678. ly, WJ Wastev�at r Utility Supervisor H:D0CS:94-1 121 :JDH:ps CC: Larry Warren 200 Mil Avenue South - Renton, Washington 98055 , DEC-05—'94 MON 16:41 ID:METRO WPCD PROD MGMT TEL NO:206 634 2167 #016 P01 ftu•rr" :rand Fax Transmittal Memo vie gel'? j CompenY Locerlon Fir ► Telephone • COmmenls No, or Papes From Comp"Y Location For 0 3 Too Dale nme Nt7Z- Wl e 7F2.o Dept. Charge Orlg gal Diep0316on LlDe91roY DEC 05 '94 10; 40AM PROS ATTY ; IETP,D SECT 21'6-042G OFFICE OF THE PFOSECi;TfNcj ATTORNEY KING C=CY, WASwNrjTcN CIVIL DIVISION METAOPOLIin.N Sarcaa S&CTICN Norm Malang Proseouofna AEDrncy December 9, 1994 MEMORANDUM TO. Stan Hummel 1..,� e I/ _ i z 8 ElFaturn Call fnr plckup P.z/,a 6900 Cotumblt cmty lot Fift AYCAU Seaafe, wuhlnjsonOfIOA (206) 196.OQO SCAN 6674430 FAX (206) 296-0420 FROM: Karin Nyrop, Senior Deputy Prosecuting Attorney SUBJECT: Memorandum of Agreement Between City of Renton and Ming County Department of Metropolitan services I have now had an opportunity to review the amendments proposed by the City of Renton's Legal Department'. The following are my rscommendationsi 1. I ace no problem with inserting the paragraph indicating that the agreement is solely for the benefit of the parties hereto and gives no right to any other party. This is the proposed addi- tion to Section No.'2 of the agreement, 2. i also see no problem with inserting the phrase "Metrc shall comply and shall ensure that its contractors comply with all federal, state and local laws, regulations , . . This is also a proposed addition to Section No. 2 of the agreement. 3. Renton's proposed amendment to Section 9 regarding indem- nification is not acceptable. We must have a reciprocal indemnifi- cation agreement. The reciprocal indemnification agreement can provide for a waiver of immunity under RCW Title 51. I would pro- pose that we keep the language in the original agreement, Section No. 9 Indemnification, and then add the sentence "The parties aeree �_V WaivW any immunIZY unaer the workers compensation act, RCw Title 51, for purposes of this indemnification provisi6n.n In the alter- native, I recommend using the attached language. 41 with regard to the proposed mediation and arbitration provision which would be in addition to the current language in Section No. 13, I do not understand that paragraph as it is w-itten. Also, we have provided for a dispute resolution provision by referring back to the Memorandum of Agreement and I believe it prudent to use the dispute resolution measures set forth in the Memorandum of Agreement, I hope this information is helpful, If you have any other ques- tions, please do not hesitate to call. KLN: kr (Ryrop\wp\hu+ a1.m:2 DEC-05-'94 MON 16:42 ID:METRO WPCD PROD MGMT TEL NO:206 G34 2167 #316 P02 DEC 06 '94 1o:40PM PROS ATTr METRO SECT 296-0420 P.3/4 used for vehicular and pedestrian ffic adjacent to or acr the Streetcar tracks. Provided, �.Z ever, Zdetro shall be r onsibla for repair of failures in Jt�fa straet paving within a n and one - halt, feet on either sid"a the cantsrline of the a aetcar tracks. 4.2 Metro sall be responsible for cle q, maintaining, and repairing the t aetcar tracks and flangeW s, power lihas, support structures and any Streetcar-rela facilities, including platform , shelters, and the ballast areas along and between the stras r tracks and pruning of _ea branches in tha vicinity of pow supply lines to provide ropar clearance for power supply 1' as. s, 5.1 No, ty or its contractor s� aril co=ance perfa nce of any work ch nay is pac , the .9 t etcar operation schedule without roviding the other�ftn th® regular otica of a preco ction za4tirg. obligations of _ o and the City sh under this ��r*msthoelf ant shall apply their respective ntractors. Metro City agree to .form their raspective contractors of the this Agreement. The provisions of this section shall survive thn axpiration or termination of thin Agreement. 6.1 To the extent allowed by law, Metro shall defend, indemnify and hold harmless the City, its slacted officials, smployeas and agents fro= and against any and all suits, claims, actions, losses, 'costs, expanses of litigation, attorney's-zees, penalties, and damages of whatsoever kind or nature arising out of, in connection with or incident to an act or emission of Metro, its employeas,'agents, and contractors in the parformancs' of Matro'a obligations folder this Agreament. In the event of litigation between the parties to enforce the rights under this section, reasonable attorneys fees shall be allowed to the prevailing, party. This indemnification obligation shall include, but is not limited to, all claims against the city by an employee or former employee. of Metro or Its contractors and, as to such claims, Metro expressly waives all immunity and limitation. on liability under Title 31 Raw. 6.2 To the extant allowed by law, the City Shall defand, indemnify and hold harmless Metso, its sleeted officials, 4m82oyees and agents from and against any and all suits, claims, actions, losses, costs, nxpensas of litigation, attorneys fees, penalties, and damages' of whatsoever kind or nature arising out of, in connection with or incident to an act or omission of the City, its employees, agents, and contractors in the parforaanca of tha City's F1 DEC-05—'94 MON 16:42 ID:METRO WPCD PROJ MGMT TEL NO:206 694 2167 ##316 P03 r'.4iu obligations under this Agreement. In the event of litigation between the partioa to enforce the rights under this section, reasonable attorney's fees shall be allowed to the prevailing party. This inda=ification obligation $hall include, but is not limited te, ' all Maims nyaijAuL MasLi-w by an amployas or rormer employee of the City or its contractors and, as to such claims, the City expressly waives all icuaunity and 'linitation on liability , under Title 51 RCW. 7, 4 This Agreemant is solely fe tha benefit of the par ias and creates no rights in any third p9orty. No joint venture r partnership is formed as a result of tXis Agreement. All contacts, Agreement shal Metro Admin st )oticez and correspcnda a required under this be addressed to the par ies az follower ative Contact tro FMergancy contact nager of Power & Fac sties unicipality or Ma politarn Seattle 8Z1 SQoond Ave. M/3 63 Saattle, WA 99104-1598 684-1494 - Metro Contr 01 Canter 684-1111 / city Administrative c tact - Seatt Engineering Department stre Use Section so ioipal suildLnq s ttle, WA 98104. 84-5270 City Emergane Contact - seattle Engineering Department Divyateh Canter 714 S..Charles street 3eattla, WA 98134 396-1218 9. cognizing that the traetcar tracks era located on City right-ot- ay and intarsec'- with City stresta and recognizing that the Streetcar is a ansit and tcurist attraction baneficial to thQ City, the parties acknovledge that they may eooparate on joint improvement projects to the tracks and adjoining straotscape. 4 4 ..al Earl Clymer, Mayor November 3, 1994 CITY OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Stan Hummel King County Department of Metropolitan Services (METRO) 821 Second Avenue, M.S. 130 Seattle, WA 98104-1598 SUBJECT: UTILITIES COOPERATION AGREEMENT CEDAR RIVER TRUNKLINE RELOCATION PHASE 2/ NORTH THIRD LIVABLE STREET IMPROVEMENTS Dear Stan: Attached are the comments from the City's attorney with regards to the above referenced agreement. If you have any questions, please contact me at 277-6179. Sincerely, John D.Hobson Wastewater Utility COMMENTS. DOC/JDH 200 Mill Avenue South - Renton, Washington 98055 SECTION 2 (Addition) It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of METRO or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the City. METRO shall comply, and shall ensure that its contractors comply, with all federal, state, and local laws, regulations, and ordinances applicable to the work and services to be performed under this Agreement. To the maximum extent permitted by law, METRO shall defend, indemnify, and hold harmless the City and all of its officials, employees, principals, and agents from all claims, demands, suits, actions, and liability of any kind, including injuries to persons or damages to property, which arise out of, are connected with, or are due to any errors, omissions or negligent acts of METRO, its contractor, and/or employees, agents, and representatives in performing work and services under this Agreement; provided, however, that if (and only if) the provisions of RCW 4.24.115 apply to the work and services under this Agreement and any such damages and injuries to persons or property are caused by or result from the concurrent negligence of METRO, its contractor or employees, agents, or representatives, and the City or its employees, agents, or representatives, the indemnification applies only to the extent of the negligence of METRO, its contractor or employees, agents, or representatives. In the event of any such claims, demands, suits, actions, and lawsuits, METRO shall assume all costs of defense thereof, including administrative and legal fees incurred by the City, and of all resulting judgments that may be obtained against the City or any of its officers, principals, agents, or employees. If resulting therefrom, any lien is placed upon property of the City or any of its officers, principals, agents, or employees, METRO shall at once cause the same to be dissolved and discharged by giving bond or otherwise. METRO specifically assumes potential liability for actions brought by METRO's own employees against the City and for that purpose METRO specifically waives, as respects the City only, any immunity under the Worker's Compensation Act, RCW Title 51; and METRO recognizes that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the provisions of RCW 4.24.115, if applicable. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. The provisions of this section shall survive any termination or expiration of this Agreement. SECTION 13 (Addition) Either Metro or the City may request mediation. The party not requesting the mediation must agree to submit the issue or issues to mediation before the parties will engage in mediation. If the dispute is not mediated or mediation does not result in resolution of the dispute, then the parties agree to submit the issue or issues to binding arbitration. The parties will agree to a mediator, or if they are unable to agree on a mediator each party will name their own mediator and the two mediators will name the third mediator. The mediation will be handled under the Rules of Superior Court Mandatory Arbitration but shall be binding arbitration under Title 7, RCW. The parties shall split the costs of arbitration. 94-644. DOC\bh �5 Earl Clymer, Mayor To: From: Date: Subject: John Hobson CITY OF RENTON MEMORANDUM Lawrence J. Warren, City Attorney Office of the City Attorney Lawrence J. Warren November 2, 1994 Metro -City of Renton Utilities Cooperation Agreement i:s' Y Chi= s-s�a3�,; :.�•• PUB tW0PKS ADI 103. By memo dated October 20, 1994, you asked me to make suggested changes to the Utilities Cooperation Agreement between the City and King County for the North Third Livable Streets Project. Since Metro is doing the work I would suggest that we incorporate a paragraph similar to that attached as section 6 with the names of the parties being reversed. That is, where the City is mentioned we would mention Metro, and where Metro is mentioned we would mention the City. I have copied this paragraph from the City -Metro agreement concerning the Boeing traffic mitigation. Metro should certainly find it acceptable as they proposed the agreement language to bind the City. Since the roles are reversed, I presume that they would have no objection to this language. With respect to section 13, I believe we need some additional language about the mediation and/or arbitration. What is presently stated gives no structure. I would suggest that the following language be added: "Either Metro or the City may request mediation. The party not requesting the mediation must agree to submit the issue or issues to mediation before the parties will engage in mediation. If the dispute is not mediated or mediation does not result in resolution of the dispute, then the parties agree to submit the issue or issues to binding arbitration. The parties will agree to a mediator, or if they are unable to agree on a mediator each party will name their own mediator and the two mediators will name the third mediator. The mediation will be handled under the Rules of Superior Court Mandatory Arbitration but shall be binding arbitration under Title 7, RCW. The parties shall split the costs of arbitration." With these two changes the agreement would be approved o legal form. Lawrence J. Warren LJW: as. cc: Mayor Earl Clymer A8:108.114. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206)255-8678 THIS PAPER CONTAINS SO% RECYCLED MATERIAL, 10% POST CONSUMER rpr7atcof four percent (4%) per annum for each full month the money was held by the City. 1f by Novenber 30, 1995, the City has neither so notified Metro nor issued a "notice to proceed" to a contractor to construct the Original Project, thcri the City shall repay Metro the Two Hundred Thousand Dollars ($200,000), Plus interest at the rate of four percent (4%) per annum for each full month the money was held by the City. Such repayment shall be paid to Metro no later than December 30, 1995. Substitute Project. The City sliall have twelve months after either notifying Metro it would not procccd or after the passage of November 30, 1995 without issuing a "notice to proceed," whichever comes first but not later than November 30, 1996, to obtain Metro's written approval of a substitute HOV priority improvement or other transit supportive project in North Renton. Pursuant to Section 11, this agrceincrtt may be amended to reflect the Substitute I roject's scope of work. In such event and if the City is-,ues by May 31, 1997, a "notice to proceed" to a contractor to construct the Substitute Project, Metro shall make payment of Two Hundred Thousand Dollars (S200,0000) within thirty (30) days after Metro has received the City's invoice and a copy of the City's written "notice to proceed" to the contractor of the Substitute Project. In no event shall Metro be required to make any payment to the City if "notice to procccd" on a mutually agreeable Substitute Project has not been issued by the City by May 31, 1997, and any obligation to make payment shall expire. 3. All Original Project or Substitute Project improvements shall be the property of the City upon their completion and final acceptance. The City shall be responsible and liable thereafter for ongoing ruaintcnance, repair, and replacement of the Original Project or Substitute Project improvements. 4. The City agrees it will provide for participation by disadvantaged business enterprises (DBEs) consistent with the requirements established by the Washington State Department of Transportation (WSDOT) in construction contracts awarded on either the Original or Substitute Project. Metro agrees the City's compliance with the WSDOT requirements will achicve substantially the same participation of DBEs as would have been achieved under King County Code 28.20.040(E)(5). The City shall submit a report to Metro on the level of DBE participation following award of the construction contracts. 5. The City agrees that Metro's Payment shall be in full and complete satinfaction and release of any duties, obligations or liabilities which Metro has or may have to the City arising out of or in any way related to the 1990 Bocing mitigation requirements and the transportation management plans and programs adopted thereunder. 6. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of the City or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of Metro. The City sliall comply, and shall ensure that its contractors comply, with all federal, state, and local laws, regulations, and ordinances applicable to the work and services -2- �i' to be perlbrined under this Agreement. To the maximum extent permitted by law, the City shall defend, indemnify, and hold harmless Metro and all of its officials, ernploy ees, principals, and agents froth all claims, demands, suits, actions, and liability of any kind, including injuries to persons or damages to property, which arise out of, are connected with, or are due to any errors, omissions or negligent acts of the City, its contractor, and/or employees, agents, and representatives in performing work and services under this Agreement, provided, however, that if (and only if) the provisions of RCW 4.24.115 apply to the work and services under this Agreement and any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the City, its contractor or employees, agents, or representatives, and Metro or its employees, agents, or representatives, the indemnification applies only to the extent of the negligence of the City, its contractor or employees, agents, or representatives. In the event of any such claims, demands, suits, actions, and lawsuits, the City shall assume all costs of defense thereof, including administrative and legal fees incurred by Metro, and of all resulting judgments that may be obtained ngairst Metro or any of its officers, principals, agents, or employees. If resulting therefrom, any lien is placed upon property of Metro or any of its officers, principals, agents, or employees, the City shall at once cause the same to be dissolved and discharged by giving bond or otherwise. The City specifically assumes potential liability for actions brought by the City's own employees against Metro and for that purpose the City specifically waives, as respects Metro only, any inununity under the Worker's Compensation :'act, RCW Title 51; and the City recognizes that this waiver was the subjuut of intitual negotiation and specifically entered into pursuant to the provisions of RCW 4.24.115, if applicable. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. The provisions of this section shall survive any termination or expiration of this Agreement. 7. "faking into account the scope of work and services to be performed by the contractor(s), the City shall prudently determine whether, and in what amounts, each contractor shall obtain and maintain public liability, professional liability, and any ether insurance coverages. Such insurance shall indemnify the City, its contractor, and Metro and its officers, officials, agents, and employees against loss from liability imposed by law upon, or assumed under agreement by, the City and/or its contractors for damages on uccount of bodily injury, property damage, and/or other damages. All liability insurance policies shall include Metro and its officers, officials, agents, and employees as additional insured and shall contain "severability of interest" (cross liability) wording. The City's and the contractor's insurance shall be primary to and not contributing with any insurance or self-insurance which may be carried by Metro. R. During die progress of the Original Project or Substitute Project and for a Earl Clymer, Mayor October 20, 1994 CITY- OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Stan Hummel King County Department of Metropolitan Services (METRO) 821 Second Avenue, M.S. 130 Seattle, WA 98104-1598 SUBJECT: UTILITIES COOPERATION AGREEMENT CEDAR RIVER TRUNKLINE RELOCATION PHASE 2/ NORTH THIRD LIVABLE STREET IMPROVEMENTS Dear Mr. Hummel: Attached are the comments for the above -referenced agreement. The City's attorney has suggested that we make a few changes to Section 13 regarding arbitration and mediation costs and rules. I have asked him to give us some language that he would like to see incorporated in the agreement. I will forward this information to you as soon as I receive it. If you have any questions, please contact me at (206) 277-6179. Sincerely, j hn D. Hobson Wastewater Utility H:DOCS:94-975:JDH:ps 200 Mill Avenue South - Renton, Washington 98055 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: October 20, 1994 TO: Larry Warren FROM: John Hobson SUBJECT: Metro -City of Renton Utilities Cooperation Agreement In your October 17 memo you suggested some changes to Section 13 of the above -referenced agreement. I have attached a copy of the agreement and your memo. Please draft the language that you would like to see added. If you have any questions, please call me at 277-6179. Thank You. H: DOCS:94-976:JDH: ps THE CITY OF RENTON DEPARTMENT OF PLANNING/BUILDING/PUBLIC WORKS FOURTH FLOOR 200 MILL AVENUE SOUTH RENTON, WASHINGTON 98055-2189 FAX: 235-2541 To: s-AA j -4um-,-�L-- Company: �o Phone: (qe4_ j94-4- Fax: 1,o04-- Z 1(p7 From: Jc,+,� H- Company: Phone: ZT?-(o)-7� Fax: Z-35 -2-54-1 Date: Pages including this cover page: Oar- ZOO 19�4- �9 Comments:�T OCT-14-'94 FRI 07:11 ID:METRO WPCD PROD MGMT TEL NO:206 684 2167 #198 P01 King County Department of Metropolitan Services (Metro) FAX TRANSMITTAL COVER SHEET (206) 684-2167 TO: FAX: FROM: PHONE: FAX: NO. OF PAGES: 9 Dave Christensen 33s-2S`f/ Stan Hummel �206 684-1844 206� 684.2167 (including this cover sheet) DATE: October 13, 1994 COMMENTS: Attached is the draft utilities cooperation agreement for your review. We will need a relatively quick review and comment so that we can move ahead with the approval process. I will be taking the lead for Metro in preparing the agreement so please contact me with any questions or concerns. I will be out of town until Thursday, at which time 1 will call you. Thanks, t. Stan Hummel If you have any problems with this transmission, please Call (206) 689-3432. Thank you. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: October 17, 1994 TO: Larry Warren, City Attorney FROM: Dave Christensen, Wastewater Utilit� SUBJECT: Metro - City Of Renton Utilities Cooperation Agreement Please find attached a copy of a proposed cost sharing agreement between Metro and the City for improvements that jointly benefit the City and Metro. Please review this document as to legal form. The intent of this agreement is to allow for a 50 % cost sharing for street improvement work which will occur in N. Third Street and for Metro's contractor to perform some storm installations in N. Third Street for the Sewer Utility to avoid having two contractors working simultaneously within N. Third Street. If you have any questions regarding this agreement please contact me at (206) 277-6212. Document 1 /DMC NA m;R Earl Clymer, Mayor CITY OF RENTON Office of the City Attorney Lawrence J. Warren MEMORANDUM�� O C T 181994 To: Dave Christensen, Wastewater Utility CITY OF RENTON From: Lawrence J. Warren, City Attorney Engineering Dept, Date: October 17, 1994 Subject: Utilities Cooperation Agreement with Metro for Metro's Cedar River Trunk Relocation Project -Phase II and City of Renton's North Third Livable Streets Project I have reviewed the above -referenced document and the same is approved as to legal form except for the last part of section 13, on page 7, concerning mediation and arbitration. There are not enough details on such things as who pays the costs, the rules to be followed in arbitration, and whether or not the arbitration is binding. The City might also want to beef up the hold harmless since the City is doing no work. This last suggestion is more policy than legal. If you wish, I can suggest language for you. LawrencIJarren LJW: as. . cc: Mayor Earl Clymer A8:108.83. Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206)255-8678 THIS PAPER CONTAINS SO% RECYCLED MATERIAL,10% POST CONSUMER UTILITIES COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF RENTON AND KING COUNTY FOR METRO'S CEDAR RIVER TRUNK RELOCATION PROJECT - PHASE II AND CITY OF RENTON'S NORTH THIRD LIVEABLE STREETS PROJECT THIS AGREEMENT is made by and between the DEPARTMENT OF METROPOLITAN SERVICES a political subdivision of the State of Washington (hereinafter "Metro"), and THE CITY OF RENTON (hereinafter the "City"), a municipal corporation of the State of Washington. WHEREAS, the County through its Department of Metropolitan Services plans to construct a new 42-inch sewer pipeline between Burnett Avenue North and Brooks Street as part of the Cedar River Trunk Relocation -Phase H; and WHEREAS, the design and installation of the new sewer line requires the reconnection of the City's local sewer system at numerous points along the route of the Project; and WHEREAS, the City wishes to make street improvements to North Third Street between Burnett Avenue North and Factory Avenue North as part of the City's Liveable Streets Project, and WHEREAS, Renton and Metro have agreed that the City will compensate the County for construction activities related to the street improvements. NOW, THEREFORE, in consideration of the provisions and conditions set forth herein, it is mutually agreed by and between the City and Metro as follows: 1. DEFINITIOhIS For the purpose of this Cooperation Agreement, the terms underlined in the numbered paragraphs of this Section I shall have the meanings set forth to the underlined term. 1.1 City - - The City of Renton, Washington, a municipal corporation. 1.2 Qity Council - - The Council of the City of Renton. -I- Ul- l -14- 74 r N l !'J f . 1G 11l • I'Ir- I MU LUrI iJ rMUJ I IUI 11 I GL IVU. CUO U- c- -- -- 1.3 City Project Manager - - The individual assigned by the City to carry out the responsibilities set forth in this Agreement. 1.4 County_ - King County, a political subdivision of the State of Washington. 1.5 Contratct Documents - - All documents, including those referenced therein, set forth in Contract No. W /M7-94 between County and Contractor. 1.6 Contractor - - Contractor hired by County to construct the Project pursuant to Contract No. W/M7-94. 1.7 Metro - - King County Department of Metropolitan Services. 1.8 Director - - Executive Director of Metro. 1.9 Final Plans - - The plans and specifications set forth in the Contract Documents. 1.10 Im2lement or Implementation - - Plan, design, construct, operate, maintain, regulate or otherwise manage or take action to carry out the Project. 1.11 Metro Director 4f Technical Services - - That individual who directs and is responsible for the actions of Metro's Technical Services Department personnel who are officially assigned to the Project. 1.12 Metro Project Mang= - - The individual assigned by Metro to carry out the responsibilities set forth in this Agreement. 1.13 Metro Resident Engineer - - The staff engineer employed by Metro who is responsible for technical coordination of the Project. 1.14 Ori¢inal Contract Amount - - The original amount awarded to the Contractor for construction of the Project or portions of the Project pursuant to the Contractor's bid. 1.15 Project - Construction of a new 42•inch sewer pipeline between Burnett Avenue North and Brooks Street as part of the Cedar River Trunk Relocation Project - Phase II, and street improvements to North Third Street between Burnett Avenue North and Factory Avenue North as part of the City's Liveable Streets Project. 1.16 Project 2,ute • • A dispute between the County and the City arising out of or relating to the Project. .2- Ul. I 14- Jti I I , u I • 1 J I 1 1 . I _.- 1 •- -•-+- - - -- -+ � • ` � ` This Agreement, including specifications, drawings and contract documents, reflects the understanding between the parties regarding the matters covered. This Agreement incorporates and supersedes all prior negotiations and agreements between the parties related thereto. 3. SCHEDULE CAL,�DA< The Project duration indicated in the Final Plans is 250V,days following Notice to Proceed. The Final Plans require that the Contractor submit a Project schedule within 10 days following Notice to Proceed and at least five days prior to beginning of construction, said schedule must conform to the construction sequencing constraints specified in the Final Plans. Metro will transmit said schedule to the City for review of the construction sequencing for the street restoration, The City agrees to respond within five (5) days of receipt of said schedule from Metro. The Project will be constructed in accordance with said Project schedule or approved modifications. W 7 The parties agree that time is of the essence in the construction of the Project and agree not to hinder or delay the Project schedule. Metro agrees to transmit within 24 hours (counting only working days) following receipt, the updated schedules which are submitted by its contractor for review by the City. Any updated schedules so reviewed by the City supersede the preceding schedules. The parties further agree to meet at least weekly, with or without the Contractor being present, to discuss schedule information for the purpose of mitigating conflicts and facilitating planning. 4. PLANS AND SPECIFICATIONS Metro has prepared, by and through its in-house engineering staff, plans and specifications stamped and dated August 1994 which describe and specify the requirements for the construction of the sewer line work. The City has prepared, by and through its in-house engineering staff and/or consultants, plans and specifications stamped and dated July 1994 (hereinafter referred to as "City Plans"), which describe and specify the requirements for the construction of its North Third Liveable Streets Project. The City Plans were incorporated into the Metro Plans for purposes of bidding, contract administration and construction, and are part of the Contract Documents. The combined plans are defined herein as the Final Plans. •\:3 P.) IN Imme) Metro will act as the lead agency in the management, implementation, supervision, and construction of the Project. Metro's Resident Engineer will be the -3- Ul.1-111--7'I rml u' (:l'I 1U:I'ICIrtU WJr IU rMui 1*1U111 1CL riu-tuo 0o11 -- ��+w primary primary contact with the Contractor. The City's Engineer shall direct all cUmmunicntlVu tv the Contractor through Metro's Resident Engineer including all requests for field adjustments, correcting deficiencies, and/or implementing design changes as required. Metro's Resident Engineer will evaluate the changes in consultation with the City's Engineer, identifying any potential contractual issues that will need to be addressed before directing the Contractor accordingly. 6. COMPENSATION A. Sity. The City agrees that it will compensate the County a sum of $161,115, ryual to 50% of the Original Contract Amount excluding sales tax for construction of that part of the Project commonly referred to as street improvements to North Third Street between Burnett Avenue North and Factory Avenue North for which the City prepared or had prepared the plans and specifications ("City Plans"). The City further agrees to reimburse the County $20,000 equal to 100% of the Original Contract Amount excluding sales tax for construction of storm drains at stations 5+27, 7-�97 and 13+56 which are shown in the Final Plans and as indicated in the bidding schedule as Item No i8.11 The City will reimburse Metro all addltlonal amount of cover State sales tax for the City share of drain construction, W , IT" 0o. M8. M8cbo to ffthe storm So The City will reimburse Metro for percent C4/o) of the cost of change orders on the Project which are related to the City Plans for the street improvements and�the above -referenced storm drains. ENE H0"Dk-EA ►�ER16Tti �I�o`%,, Fc(Z- B. Metro shall invoice the City monthly with its invoices requesting reimbursement. Back-iip documentation shall accompany the reimbursement request. City shall review the invoice and either notify Metro of any disputed a110unts, identifying said amounts with specificity, or process for payment any undisputed costs within ten (10) working days of r voice and pay Metro within thirt (30) da s of recei t of invoe�Tho City shall pay Metro for the amour o unreso ve spu a caste in thmmediate pay cycl — -, City payments to Metro pursuant to any Metro invoice shall not constitute final approval of any specific item by either party. C. Audit. During progress of the Project and for a period of not less than three (3) years from the elate of final acceptance by Metro and the City, records pertaining to the Project and accounting therefore will be kept available by Metro and by the City for inspection and audit by either party. Copies of these records shall be furnished upon request and shall be maintained in accordance with a work order accounting procedure prescribed by the Division of Municipal Corporations of the State Auditor's office. -4- �r T ��d Vd/ �00 non OCT-lit-' 91 FP.I 07: 15 ID:METRO WPCD PP.OJ MGMT TEL M0: 206 60,1 2167 tt190 P06 Metro will, upon completion of the Project, request in writing that the City conduct a final inspection. When the final inspection satisfies the requirements of the contract documents and the City standards, the City will provide a written Notice of Acceptance. Within five (5) working days of receipt of said written request, the City will inspect all aspects of the street restoration, reconnection of local sewer system, and, if needed, prepare a written punchlist of deficient work. The City will transmit to Metro within ten (10) working days of said inspection the said punchlist which shall identify the corrective work needed. Said punchlist shall identify the corrective work needed with specificity. When Metro has completed the work identified on the punchlist, it will request in writing, a re -inspection from the City. Within five (5) working days of receipt of said written request, the City will inspect all work and, if needed, again prepare a written punchlist of work not completed, which it will transmit to o'H�� within five (5) days of said re -inspection. Said punchlist .hall identify the corrective work needed with specificity. The process shall be repeated until all work has been completed, at which time the City will prepare a written Notice of Acceptance and transmit same to Metro. Upon the date of notice of acceptanec by the City, the City will assume ownership and maintanance responsibilities of the City's sewer lines. The City shall assume ownership and operational res ities of reconnected local sewer lines once they are providing sewer service. a shall be the only one to operate those sewer lines once they are activated. 8. WARRANTY All work on the North Third Llveable Streets portion of the Project will be warranted to be free from defects in design, workmanship and materials for a period of one (1) year following the date of Notice of Acceptance by the City; provided this warranty shall not cover design defects in the plans prepared by the City or the City's agent. 9. INDEMNIFICATION Metro and the City agree to mutally defend, indemnify and hold each other harmless from any loss or liability from claims for damages, costs or other expenses resulting from or arising out of implementation of the Project, to the extent such loss or liability, damages, costs including defense cost and attorneys fees, or other expenses result from the acts or omissions of each parties employees, agents, or contractors. -5- In the event that a permit, license, or contract related to the Project shall contain an indemnity or hold harmless provision, this section shall supersede such provision and shall control any indemnity issue between the City and the County. 10. PERFORMANCE AND PAYMENT BOND Upon request, Metro will transmit a copy of the performance and payment bonds it receives from its Contractor to the City. ITIMERTOICOPEO)a This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in the Superior Court for King County. 12. MISCELLANEOUS A. Notice. All Notices to ou required under the terms of this Agreement shall be given in writing, addressed as follows: King County Department of Metropolitan Services 821 Second Avenue, MS 117 Seattle, Washington 98104 Attn: Mann -Ling Thibert, Project Manager Telephone: (206) 684-6785 Fax: (206) 684-1710 All Notices to the City required to be given under the terms of this Agreement unless otherwise specified herein, or as may be amended, shall be given in writing, addressed as follows: Utility Systems Division Public Works Department Municipal Building 200 Mill Avenue South Renton, Washington 98055 Attn: David Christensen, Project Manager Telephone: (206) 277-6212 Fax: (206) 235-2631 All notices issued under this Agreement shall be deemed received on the next business day after being deposited in the United States mail in Seattle, or at the time they are actually hand -delivered to the addressee. B. Publicily. All news releases and public reports issued by County or the City describing any activity on the Project involving both parties should include a ZZ reference to the other parry. Neitttt:r party will release any information about the Project to the news media or to the public without the prior written consent of the Metro and City Project Managers. n lLit ioo fz 13. RESOLUTION rrolEcr i�rsr The Director and the Metro Project Manager and ity" roject Ma er shall use their best efforts to resolve disputes and other matters between tro and the City arising out of or relating to the Project (Project Disputes). An roject Dispute that cannot be resolved by the Project Managers and the Director all be reviewed by the County Executive and the Mayor of the City. Metro and City agree to exhaust each of these procedural steps including professional mediation and/or arbritratiort before seeking to resolve project disputes in a court of law or other tribunal. 14. AMENDMENT, WAIVER This Agreement shall not be amended except in writing, executed by both Metro and the City. The provisions of this Agreement cannot be waived except by written agreement of the party against whom a waiver may be asserted. 15. CAPTIONS Section titles or other headings contained in this Agreement are for convenience only and shall not be part of this Agreement, nor be considered in its interpretation. 16. BINDING UPON SUCCESSQ& This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of both Metro and the City. 17. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall constitute one and the same instrument. 18. NON -WAIVER By executing this Agreement, neither parry shall be deemed to have waived, released or contracted away any powers, obligations or responsibilities granted or imposed by law. Metro and the City do nut intend the terns of this Agreement to apply to any Metro facilities other than the Project. 19. NO THIRD -PARTY BENEFICIARIES -7- UC. (-14-' `J' 4 r K l 16 (: 1 ( I ll: I'It I KU WI-' L) I--KUJ I'Ihl'11 ILL NU: eUb bd4 Glb ( H17U ru7 __ ' '"- • ' 4 This Agreement is entered into solely for the mutual benefit of Metro and the City. This Agreement is not entered into with the intent that it shall benefit any other person and no other such person shall be entitled to be treated as a third -party beneficiary of this Agreement. 20. EFFECTIVE DATE This Agreement shall take effect when both parties hereto have executed this document. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. THE CITY OF RENTON KING COUNTY Date: Date: 4T__ro�T King County Executive a -$-