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AG 10-036RETURN TO: /J �-m�"1 ` �� EXT: �'7'O � .t�l, 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING SLIP i. ORIGINATING DEPTJDIV: ��/j 2. ORIGINATING STAFF PERSON: � D�� /�C.� ��'�'s EXT: ���-1- 3. DATE REQ. BY: �� TYPE OF DOCUMENT (CHECK ONE): � CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED M)CUMENTS) � ORDINANCE ❑ RESOLUTION � CONTRACT AMENDMENT (AG#): � INTERLOCAL 1 � OTHER �w� �� Lra.� /� ve.��..,�.� v '^ � � �.,�I[>_�,v_...ra.. 1, 7 I i �'h � � � � � 5. PROJECT NAME: �3 Y B S}'�e�]' �.+ �l-S� i�1 S�o�-rG► -� h(�'S2c-� � o.,, .�w�p i,-�u.�.v�� ' 6. NAME OF CONTRACTOR: �i�(�� �(J�• (� F y D�� l��`+� f ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: m vL �?.�` i"�1 TITLE �-e,�,,.. l/�1�,va.� t..� 7. EXHIBITS AND ATTACHMENTS: [$ scoPE WORK OR SERVICES �'COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS ' 8. TERM: COMMENCEMENT DA"FE: IJ�mv� Eic,e G v'� i 77+� 3/3 // D COMPLETION DATE: u/�e CQ''"�' 4 f;°"` � 9. TOTAL COMPENSATION $ �i Sd y•�� � C� � (INCLUDE EXPENSES AND SALES TAX u' ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) , REIMBURSABLE EXPENSE: 0�s � No tF �s MAXIMUM DOLLAR AMOUNT: $ IS SALES T.4X OWED [�[1 YES ❑ NO IF YES, $ .�lj �D �/. 3 �j PAID BY: � CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMEIVT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED � PROJECT MANAGER I �R w I/7�6 /� o ��o�l(of�DIRECTOR /�IA�btl.4N l z`( �o ❑ RISK MANAGEMENT (1F arrLiCa.Br.E) �� ��d7 [� LAW L- Z �' � i l. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: Z�f�� COUNCIL APPROVAL DATE: Z J/� �b 12. CONTRACT SIGNATURE ROUTING f�3' SENT TO VENDOR/CONTRACTOR DATE SENT: �` I v DATE REC'D: 02 � ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICAT , LICENSES, EXHIBITS y� /o�'LAWDEPARTMENT 3 3 � SIGNATORY C1vt � 3�Y t� CITY CLERK LR ASSIGNED AG# t� SIGNED COPY RETURNED COMMENTS: (� �� � �� � i�.U`P tQ tv r L�� L Z I IN T AL / DATE SIGNED �rv .�• AG# DATE SENT: 3'S• I(� brl� � r � i t`la�- • � 1 r� � �vti• ,•• c,1/ 'Z I�, Ir, � I r V�_� 11/9 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 348'� STREET AT 1 AVENUE SOUTH INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT is made and entered into this � day of /V�Q t'C�. , 2010, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"), collectively refened to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 348'� Street at 1�` Avenue South Intersection Improvement Project (hereinafter "Project"); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District will be required to construct and adjust certain water and sanitary sewer facilities within the Project area; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including allowing a public works construction contract for the installation of the water and sewer improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: Page 1 I. DESIGN. The District shall perform all required design work for the construction of water facilities within the project limits. District shall reimburse the City for all costs for the City consultant to incorporate the Lakehaven design into the project plans, specifications and cost estimate as outlined in E�ibit A, and other necessary documents, which shall suff'iciently detail requirements for the District Work to become a part of the plans and specifications for the Project into Contract documents for this project. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. The costs allocated will be paid by Lakehaven Utility District, except those costs relating to the removal and installation of 12" Ductile Iron pipe and installation of associated fitting and valves that have been identified as separate bid items in the bid schedule, due to the fact that the existing 12" pipe was installed in an easement that has been cleared by Lakehaven Utility District, per the agreement with Lakehaven Utility District (AG# 09-182). B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid awazd; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. Page 2 IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, and as described in E�ibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's General Manager or his/her designee of the sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indexnnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereta B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership af these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. Page 3 C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY G!3 Brian ' son, City Manager/Police Chief LAKEHAVEN UTILITY DISTRICT Gtil���l/ General Manager, Donald rry APPROVED AS TO FORM: � City ttorney, Patricia A. Richardson ATTEST: �'��m City Clerk, Carol McNeil y, C.M. APPROVED AS T ORM: e eral Counsel, Steven H. Pritchett K:\STREETS�PROJECTS\S348th St at lst Ave S�I.UD\ILA-Lakehaven S 348th at lst Ave S.doc Page 4 EXHIBIT "A" SCOPE OF SERVICES Water and Sewer Design and Construction City of Federal Way South 348 Street at 1 Avenue South Intersection Improvement Project IntroducHon . The City of Federal Way has requested that Parametrix revise the final plans, specifications and estimate for the South 348�` Street at ls` Avenue South Project. The revisions are necessary to incorporate water main relocation plans into the contract documents as provided by the Lakehaven Utility District. Improvements designed by Lakehaven Utility District will include the removal and relocation of water mains, hydrants and meters as necessary to accommodate the City's planned intersection improvements. Additional Scone OF WORK Task 2— Design Revisions to Contract Plans The following design revisions will be made to incorporate the waterline relocation designed by Lakehaven Utility District: Intersection of ls` and 348` Move CB D-2 and D-3 South approximately 8' to allow for the construction of the new water main. The existing fire hydrant on the northwest corner will be removed and relocated to the northeast corner approximately 20' east to be adjacent to the driveway. • Specifications and Estimate: The bid list (proposal) for will be updated to reflect new quantities of work based on the plan revisions described above. Technical specifications provided by the City for the water main work will be incorporated into the contract documents for the project and the opinion of probable cost (engineer's estimate) will be updated based on the new quantities and recent bid tabulations for similar projects. • Lakehaven Utility District Water Plans: Lakehaven Utility District will provide water plans for incorporation into the plan set. The following plans sheets are affected by the revisions and will be updated by Parametrix: • Demo Pdans: Update to reflect removaUrelocation of fire hydrants and existing water main. • Storm Drainage Plans: Update/revise sheet to reflect revisions to CB D-2 and D-3. • Storm Drainage Profiles: Update/revise sheet to reflect revisions to CB D-2 and D-3. Page 5 EXHIBIT "B" Water and Sewer Design and Construction City of Federal Way South 348�' Street at l Avenue South Intersection Improvements ESTIMATED DESIGN, CONSTRUCTION, PROJECTADMINISTRATIONAND CONSTRUCTION MANAGEMENT COSTSFOR INCLUDING LAKEHAVEN UTILITYDISTRICT UT'ILITY WATER AND SEWER CONSTRUCTION ESTIMATED BIDDING DOCUMENT INCORPORATION Estimated design costs for Lakehaven utility replacements (PARAMETRIX) $ 4,143.00 , ESTIMATED CONSTRUCTION COSTS Construction Costs Subtotal Construction Sales Tax @ 9.5% of Construction Cost Subtotal Construction Including Sales Taa Construction Management (12.5% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST ( Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $ 85.162.00 $ 85,162.00 $ 8.090.39 $ 93,25239 $ 11.656.55 $104,908.94 $109,051.94 $ 5,452.60 $114,504.54 � Note: Costs presented are estimates only. Actual costs incurred wild be used to calculate finad cost of Lakehaven Utility District's reimbursement to the City. Page 6