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AG 09-058 DATE IN: I DATE OUT: I TO: SHAWNA UPTON CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.IDIY: PW-SWM 2. ORIGINATINGSTAFFPERSON:JEFFWOLF EXT: 2753 3. DATEREQ.BY: *216/09 * (To ACCOMMODATE 2110/09 FWPS BOARD MEETING) 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) X INTERLOCALAGREEMENT 5. NAME: Interlocal Agreement with Federal Way Public Schools Design & Construction of S. 30Sth S1. Memorial Stadium Driveway Improvements (Construction to be performed under RFB 09-102 Easter Lake Flood Control Improvement Project) 6. NAME OF CONTRACTOR: Federal Way Public Schools ADDRESS: 31405 18th Ave. South Federal Way, WA 98003-5433 TELEPHONE 253-945-5934 (ROD LELAND) SIGNATURE NAME: Tom R. Murphy TITLE: SUPERINTENDENT 7. ATTACH ALL EXHIBITS AND CHECK BOXES X SCOPE OF SERVICES X ALL EXHIBITS REFERENCED IN DOCUMENT 8. TERM COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: UPON COMPLETION OF AGREEMENT TERMS 9. TOTAL COMPENSATION $0 REIMBURSABLE EXPENSE: YES- SETUP AS "NOT TO EXCEED" AMOUNT OF $22,124 FOR DESIGN & CONSTRUCTION SERVICES PROVIDE BY CITY'S CONTRACTORS, TO BE BILLED UPON COMPLETION IS SALES TAX OWED YES - EXCLUDING DESIGN WORK 10. CONTRACT REVIEW ~ X PROJECTM~AGER ~ x DIRECTOR \ I?O ~ x RISK MANA\::r.l!.lVIE x LAW'-J$ ~~APPROVE~ INITIAlJDATEAPPROVED ( ~.~ ~ 'J>;y u . . ^.JiU/z9 , +f:" 2--[.1-0(' ~~ t..J-2~ 07 11. CONTRACT SIGNATURE ~OUTING x LAWDEPARTMENT,1/Q x CITYMANAGE~ -1 10 ~ q.IC'la, x CITY CLERK 1-lt ~ . x SIGNCOPYBACKTOORGINATINGDEPT. {'~MU'~I'Cf: ASSIGNED AG# 09-.Q2S Y.J'QBr.T-l ^ ~ING: W9t'" CQRliltmcu9R '."ill bG dlfH:g8Q 19: JQ1 3100 260 396 42 xxx DISTRICT TO REIMBURSE CITY ACCOUNT UPON 100% COMPLETION INITIALIDATE APPROVED INITIALIDATE APPROVED - No 1>ON~ COMMENTS . /J J / \..... _ '..uA . '. .11__. .r.. ("'" ,,~-t-.. -I- 7 ~ '''-1' ~ - I~ 1 . ~' ~7 LA-vJ:- [)o w-e-~"!~ ~(6L ~J-~~ "T'^-~ ~ - - -'"'. 1'~. ~" q/~/()'i - "t)t)~ !)JatO rL-d~. 1>~ 'f/.J-yL\J U JJ\J . ~1'TI-6,0vtN' -+0 \J\t~l\ +n dJhvQ.< @..) ~ ,~A9vr i.e~ltW n:blA ~ M\. UV~~ ,Ii~ (h\ I 10/09/02 niPM.^ \rY\ n 1\. L.\ ~ I VV'lV1'""",,,~' I ~~~ * J lP11 After Recording, return to: City of Federal Way Attn: Jeff Wolf, Public Works 33325 8th Ave S PO Box 9718 Federal Way, WA 98063-9718 INTERLOCAL BIDDINGIPURCHASING AGREEMENT BETWEEN FEDERAL WAY PUBLIC SCHOOLS AND CITY OF FEDERAL WAY This Agreement, is dated effective this _ day of ,2009, by and between Federal Way Public Schools, State of Washington, a Washington municipal corporation (hereinafter referred to as "District") and City of F ederal Way , Washington, a municipal corporation (hereinafter referred to as "Federal Way or City"), (collectively "Parties"). WITNESSETH that: A. The Parties maintain, for the benefit of the citizens of their respective jurisdictions, an organized and standard bidding structure charged with the function of securing equipment, goods and services within the limits of all appropriate bidding laws of the State of Washington and the individual jurisdictions; and B. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and C. It has been determined by each of the Parties hereto that it would be in the best interests of the citizens of their respective jurisdictions if, in some circumstances, the purchase of public works equipment, goods and services, can be purchased through a bidding process made up of more than one jurisdiction in the State of Washington; and D. The Parties hereto desire and by this agreement enter into an Interlocal Cooperative BiddinglPurchasing Agreement ("Agreement") wherein the Parties can utilize each other's contracts where it is lawful and in their best interest to do so and may establish yearly bidding/purchasing for equipment, goods and services of mutual need requirements. WHEREAS, the Parties hereto desire to set forth their rights, duties and responsibilities with respect to applicable laws, ordinances, procedures as established by the Parties hereto and the State of Washington. . District and the City may elect not to exercise their right under this Agreement but may do so at any time the Agreement remains in effect; and Page 1 Council Approval: 3/17/09 NOW, THEREFORE, for and in consideration of the procedures contained herein performed and to be performed, the Parties hereto agree as follows:. 1. Cooperative Purchases. The Parties hereto, pursuant to Chapters 35 and 39 bidding laws, Revised Code of Washington, and pursuant to Chapter 39.34 of the Revised Code of Washington do hereby contract to cooperatively purchase public works improvements as depicted in Exhibit A-I, as a result of competitive bidding and within the specifications established by and for District and the City. Once bidding has been finalized and the Parties have been notified, the City will confirm the extent of District participation with the applicable contractor, in accordance with the terms of this agreement. District and the City agree that each party has no liability as far as the durability, serviceability, and warranty of the goods, services, and equipment selected. It is also agreed that the goods, services, and equipment selected shall be agreed upon by each individual party and will not be perceived as selected by the other party. District and the City accept no responsibility of the performance of any contracts by the contractor, and District and the City accept no responsibility for payment of the purchase price for any contract entered into by the other party. This Agreement is offered to allow the City and District the capability to purchase goods, services and equipment designed specifically for their use and to take advantage of prices achieved by group participation. 2. No Obligation to Purchase. Each party reserves the right to contract independently for the purchase of any particular class of goods or services with or without notice to the other party. The Parties reserve the right to exclude the other party from any particular purchasing contract with or without notice to the other party. 3. Reimbursement. In consideration of the City providing the Services during the term of the Agreement, upon completion of all work specified in this agreement, the District agrees to reimburse the City for actual costs incurred by the City related to issuance of monthly Progress Payments made on behalf of the District for work completed by the City's contractors, based on the cost breakdown listed in "BID SCHEDULE (Attachment C)" of the RFB 09-102 contract, except as modified by a City-approved Change Order, for culvert replacement and driveway improvement work depicted in Exhibit A-I Aerial Map and as further described in Exhibit A Cost Estimate to the limits specified below. The total reimbursement amount payable to City pursuant to the Agreement shall be an amount not to exceed Twenty-Two Thousand, Nineteen, and 00/100 Dollars ($22,019.00). 4. Term. This Agreement shall take effect immediately and terminates upon completion of all provisions of this Agreement. It may be terminated by either party by giving ten (10) days written notice to the other; provided however, that termination shall not affect or impair purchases of the Parties that are agreed to on or before the date of termination. 5. Compliance with Laws. Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, that party's bidding requirements applicable to the acquisition of any goods, services, or equipment obtained through the cooperative process agreed to herein. Page 2 Council Approval: 3/17/09 6. Indemnification. District Indemnification. District agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of District, it's elected officials, commissioners, officers, employees, agents, and volunteers, or by District's breach of this Agreement. City Indemnification. The City agrees to indemnify, defend and hold District, its elected officials, commissioners, officers, employees, agents and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 7. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. Contact Persons. The Parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. District Rod Leland, Facilities Manager 31405 18th Avenue S Federal Way, WA 98003-5433 253.945,5934 b. City of Federal Way Purchasing Coordinator 33325 8th Avenue S PO Box 9718 Federal Way, WA 98063-9718 253.835.25331 Fax: 253.835.2509 8. Filing. A copy of this Agreement shall be filed with the City Clerk of the City of Federal Way, and the District School Board, and recorded with the King Cotmty Auditor. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Page 3 Council Approval: 3/I 7/09 IN WITNESS WHEREOF the Parties have hereunto placed their hand and seals on the day and year indicated. DISTRICT Date: L(- .2009 ? Approved as to Form for District District Attorney, Page 4 Council Approval: 311 7/09 CITY~DERAL WAY By:l -~/IA. ~ Assistant CIty anager/COO Cary M, Roe, P.E7 Date: 4 I Cl ( <1( ,2009 Approved as to Form for c~eraI Way . /'~0~~ City Attorney, Patricia A. Richardson EXHIBIT A SCOPE OF SERVICES & COST ESTIMATE For S. 30Slh St. Memorial Stadium Driveway Improvements (To be constructed under City's "Easter Lake Flood COlltrol Improvements" Project) SCOPE OF SERVICES: Includes work related to the design and construction of S. 308th Street Memorial Stadium drivewav improvements to increase driveway approach radii to current Citv Development Standards. as roadwav geometrics and the lavout of existing utilities allows. and the replacement of the failinz easterly 16-inch diameter driveway culvert with an 18-inch diameter concrete pipe, all as depicted in the contract bid documents. (See paf,!e two of exhibit for aerial map depiction of this work) COST ESTIMATE: I. Total Design Cost (Services provided by Roth Hill. LLC, under AG07-166) $ 1,054 II. Construction Costs (Services provided by City and their Contractor under RFB 09-102. Includes 10% Project Administration/Construction Management. and applicable sales tax.) $19,059 Construction Contingency (10% of Construction Cost) $ 1,906 Estimated Total Construction Cost $20,965 TOT AL ESTIMATED PROJECT COST (Design & Construction) $22,019 Costs presented are estimates only; actual costs incurred will be used to calculate final cost of District's portion of work for reimbursement to the City. Exhibit A Page I 1 2 -5- Contact Jeff Wolf, P.E. Surface Water Project Engineer 253-835-2753 Nor9~ Thi3 map Is intended for use as iI gtaphicsi lfJpr8semalion ant. The City of FederalWay m"he3ho wammty as to Its accuracy Map Prlnt.d- Jan. 23, 2009 EXHIBIT A-1 Memorial Stadium S. 308th St. Driveway Improvements For Federal Way Public Schools (S.308th Street 1160 Block to 1240 Block) N + City of Federal Way Public Works Department Exhibit A Page 2 1 2 -6-