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AG 10-147�� ro: (;� rm��� � "f�.�� �,� EXT: � �Q � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /�� r��� 2. ORIGINATING STAFF PERSON: ��/� n/�' 1 Lf_��' C.�I EXT: ,� :� 3. DATE REQ. BY: � l� I O 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT �E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#�: `Rf INTERLOCAL ❑ OTHER 5. PROJECT 6. s I� NAME OF CONTRACTOR: K1 G ll�C � r ST V L(�' ADDRESS: �. l.� 1�G�f'r'cZ (� A ��03"' � E SIGNATURE NAME: �b Yl C�f� I f� FEvc: TiTLE: C��ner�.� Munaaer 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / H. TERM: COMMENCEMENT DATE� Upo� �i � X�Ci,���1 ° COMPLETbN DA� :�Ut7�_ 9�� c; YY7 �,� ���1� �;�� (��, 7"aD F 9. TOTAL COMPENSATION: $ i�, � J S. �I �I ( ;1 O f1�U � (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURL LABOR CHARGE - ATTAC CHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES �Rj NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES pQ NO IF YES, $ •• PAID BY: ❑ CONTRACTOR � CITY ❑ PURCHASING: PLEASE CHARGE TO: IO. DOCUMENT / CONTRACT REVIEW �/�j 6@ PROJECT MANAGER��jp{�,.-� �.7 DIVISION MANAGER �/� [� � .� DEPUTY DIRECTOR`�1�yu;� y� � � DIRECTOR / C'Q+' ❑ RISK MANAGE�NT �IF APPLICABLE� � 1 � �. Aw DErT 11. COUNCIL APPROVAL (IF APPLICABLE� INITIAL / DATE REVIEWED INITIAL / DATE APPROVED �^'� `7/� ///C /' �1 i� Z Va l�� - - ��� 1�111�dr' � � COMMITTEE APP OVAL DATE: COUNCIL APPROVAL DATE: 3 d 12. CONTRACT SIGNATURE ROUTING $ SENT TO VENDOR/CONTRACTOR DATE SENT: %� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, XHIBITS � ��ID � LAW DEPT �3 � � �{ SIGNATOR �CM � CITY CLE �, AssiGrrEn AG # �' SIGNED COPY RETURNED �f RETURN ONE ORIGINAL �� � INITIAL / DATE SIGNED Q g,2o-- to .[.,�/,�.. g ,�d/� .2, . � AG# 1� — �,�-4,�1 DATE SENT: $�Q • �.� ��� ., DATEREC'D: �'��I�IU 11 /9 K:�contRACTlforms\PW Routing Form.doc �/� 1) � frll� j-t-'lYt-F C�- Tt% �"�^"-`-��� �� n����'2-- V� y' � .l INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 352" STREET EXTENSION PROJECT (SR 161 TO SR 99) THIS AGREEMENT is made and entered into this �?� day of , 2010, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utilrty District (hereinafter "Lakehaven"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 352 Street Extension Project (SR 161 to SR 18) (hereinafter "ProjecY'); and WHEREAS, Lakehaven 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 conjunction with Project-related improvements being undertaken by the City and others, Lakehaven may need or elect to remove, relocate, adjust and/or install certain water and/or sewer facilities within the Project area, hereinafter collectively referred to as "Lakehaven Work;' and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, Lakehaven can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for Lakehaven, including design, preparation of plans, specifications and estimate(s), executing a public works construction contract for the Lakehaven Work in conjunction with the Project, 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 befinreen the Parties hereto as follows: FINAL DESIGN. The City's design contractor, KPG, Inc. shall perform final design ofthe Lakehaven Work in accordance with Exhibit A. Lakehaven shall reimburse the City for the reproducible construction drawings, special contract provisions, and other necessary documents, which shall Page 1 sufficiently detail requirements for the Lakehaven Work to become a part of the plans and specifications for the Project. BIDDING AND CONSTRUCTION. A. The City's design contractor, KPG, Inc., shall incorporate Lakehaven's plans and specifications as developed under Section I 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, including a separate Bid Schedule B for the Lakehaven Work. B. Following opening of construction bids on the Project, Lakehaven shall be furnished with a summary tabulation of the bid responses submitted for the Lakehaven Work for Lakehaven's approval. Within twenty calendar days of receiving the bid responses, Lakehaven shall notify the City in writing that Lakehaven either approves or rejects their portion of the bid award. If the City elects to award a contract for the Project, 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 Lakehaven Work in Bid Schedule B until the City has received approval from Lakehaven for its portion of the bid award. If Lakehaven rejects their portion of the bid award, the City may proceed with its portion of the Project, and the Lakehaven Work that is the obligation of Lakehaven shall be deleted from the project contract. This Interlocal Agreement shall terminate effective the date of Lakehaven's notice to the City of Lakehaven'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 of the powers and perform all of the duties vested by law in him or her. Lakehaven grants to the City Public Works Director and/or his or her designee authority to act on behalf of Lakehaven sufficient to carry out the provisions of this Agreement. B. Lakehaven shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect Lakehaven Work, which changes shall be made, if feasible. The City shall notify Lakehaven, in writing, of any changes required of Lakehaven Work and shall obtain Lakehaven's approval of such changes. Lakehaven's approval shall not be unreasonably withheld. La'kehaven shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Lakehaven. IV. PAYMENT. A. Lakehaven shall reimburse the City for all costs incurred by the City in performing Lakehaven Work, which costs shall include but are not limited to Lakehaven Work performed by the Project contractor(s), all changes requested by Lakehaven, and Lakehaven's cost of the City services described in Paragraph III (a) herein, and as described in Exhibit B, and except such portion of the costs that are the obligation of the City as determined by the parties. Page 2 B. All payments shall be due from Lakehaven to the City within thirty (30) days after approval by Lakehaven's General Manager or his/her designee of said sums billed to Lakehaven. 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 Lakehaven, 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 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. Lakehaven agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of Lakehaven, its agents or employees, or by Lakehaven'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, and shall continue in force until either (1) Lakehaven 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 thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to the contract plans, specifications and change orders, the City shall provide a final invoice to Lakehaven for any final payment due. Lakehaven's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to Lakehaven, and Lakehaven shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. Page 3 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 Lakehaven. 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 .�---�' Brian Wilso . City Mana r/ Police Chief LAKEHAVEN UTILITY DISTRICT d��'/ Donald T. Perry General Manager APPROVED AS TO FORM: �G�O� ��R. Patricia Richardson, City Attorney ATTEST: Carol McNeilly, City CI rk APPROVED AS TO FORM: General Counsel Page 4 EXHIBIT A South 352" Street SR161toSR99 City of Federal Way Scope of Work KPG March 25, 2010 (For Lakehaven Utility District via lnterlocal Agency Agreement) Work to be completed under this amendment involves�reparation of plans, specifications, engineer's estimate, and bid documents for the S 352" Street Extension — SR 161 to SR 99 project. Plans will be prepared in accordance with Lakehaven Utility District (Lakehaven) design standards as summarized and itemized in the Lakehaven's plan review checklists. Contemplated improvements (Lakehaven Work) included under this scope, subject to review by the City and Lakehaven, and previous review comments provided by Lakehaven, include the following: Water a. Removal and disposal of approximately 150-LF of 8-inch AC main and appurtenances, and replacement with 8-inch DI main (STA 84+35, 60' RT to STA 84+95, 80' LT). b. Vertical relocation of existing 8-inch lateral (STA 97+60, 50' RT) for drainage installation and driveway re-grading. c. Vertical relocation of existing 8-inch DI main (STA 99+05, 15' RT) for drainage installation. The length of vertical relocation may be extended up to 100' in length to provide adequate cover under pavement section. d. Relocation of fire hydrant in 1 location (STA 84+80, 47' LT). e. Water valve adjustments to finish grade throughout the project limits. Sewer a. Sewer manhole adjustments to finish grade throughout the project limits b. No conflict analysis is anticipated for side sewers unless data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 17.1 — Project Management Work under fhis task includes time to execute this amendment, prepare associated invoicing and progress reports, p/an and schedule the work, plan for and execute QA/QC, and coordinate with the City and Lakehaven. This task assumes the design phase, including reviews by LUD, wil/ last 3 months. Page 5 Task 17.2 — Waterline Plan and Profile Sheets The CONSULTANT will prepare up to three (3) water facility plan and profile sheets, consistent with the project limits, to show the relocations, removals, installations and adjustments required. The plan view will include existing base mapping, existing utilities, proposed curb and gutter and proposed drainage facilities, and other available utility information, including locations of luminaires and landscaping. In addition, horizontal alignment information, existing and relocated hydrant and valve locations and types, locations of existing and relocated service connections including water meters and fire service lines, and all demolition and abandonment callouts will be shown on the plan sheets. Minimum clearance requirements will be called out at critical locations adjacent other utilities, including storm drainage facilities. The full-sized scale shall be 1" = 20'. The profile view will be at 1"=20' horizontal scale and 1"=5' vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. Minimum clearances will be identified with callouts at utility crossings, or in a separate crossing table. Existing waterline information will be based on pothole and measure down data provided by LUD. Existing and proposed utility crossings will be shown as ellipses in the profiles. All work associated with the water system facilities will be shown on these `stand-alone' plans and profile sheets. Any references to the water system facilities on the City's roadway plans will be edited to reference these documents. Task 17.3 — Water Line Detail Sheets The CONSULTANT will include details not covered in WSDOT's Standard Plans or in Lakehaven's Water System and Sewer System Standards on the Plan and Profile sheets, or as stand-alone pages in an appendix to the contract specifications. . Task 17.4 — Sewer Manhole Field Investigation The finished grade elevations of the sewer manholes within the project limits will be adjusted. Lakehaven will provide the Consultant with manhole as-constructed information, including cone section, ladders, and number and sizes of risers. Task 17.5 — Sewer Manhole Adjustments Based on the info�mation collected in task 17.4, the Consultant will describe the work included to bring each sewer manhole to grade (which may include removal and/or replacement of cone sections, extensions, and/or risers. This information will be shown on the roadway plans and quantified in the bid schedule for the Lakehaven Work. Task 17.6 — Specifications Page 6 The CONSULTANT will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per Lakehaven Standards. Special provisions shall supplement WSDOT's 2010 Standard Specifications, unless otherwise specified by Lakehaven's Water System and Sewer System Standard Specifications. Lakehaven's Water and Sewer System Standard Specifications shall be included as Special Provisions, and any amendments, revisions, or clarifications in support of the items of Lakehaven Work included in the bid schedule shall be incorporated as Supplemental Special Provisions. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule in the project contract bid documents. Task 17.7 — Opinion of Cost The CONSULTANT will prepare a 100% and final opinion of cost for all water and sewer work included in this project. The breakdown of items shown in the opinion of cost shall directly correlate with items of work identified in the separate bid schedule in the project contract bid documents. SCHEDULE: The City's roadway design has already been completed to the 85% design level. The CONSULTANT will commence work on the water line design immediately upon receipt of a notice to proceed from the City of Federal Way (note that this requires that Lakehaven Utility District provide a notice to proceed to the City through the Interlocal Agency Agreement). The 100% PS&E will be delivered to the City and Lakehaven four (4) weeks after the CONSULTANT receives this notice to proceed. 2. The City and Lakehaven will review the 100% PS&E and return comments back to the CONSULTANT no more than 3 weeks after submittal. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 3. Final PS&E submittal will be prepared approximately 3 weeks after comments are received from the City and Lakehaven. DELIVERABLES: The CONSULTANT will assemble and provide the following items to the City: 1. The CONSULTANT will submit at 100% stage of completion, finro copies each of the half- sized plans, full-sized plan sheets, and special provisions for review and comment. 2. Two (2) sets of full-sized bond prints of "Final" water line plans (water schedule only). 3. Two (2) sets of half-sized bond prints of "Final" Water Line Plans (water schedule only). 4. Two (2) sets of camera-ready hard copy special provisions which cover the water-related elements of the project only. 5. One (1) computer disk for the plans of the water line elements of the project in AutoCAD format. Page 7 6. One (1) computer disk for the water line special provisions in Microsoft Word format. ASSUMPTIONS: Utility record drawings are not included in this scope and fee because construction services are not included in this contract. 2. Existing asbestos-cement (AC) water main to be removed shall be included as a separate bid item and appropriate hazardous waste specifications will apply. 3. It is assumed that all base-mapping, surveying and utility coordination already performed as part of this contract is adequate and no additional effort in these areas is included in this amendment, except as necessary to correct items noted in previous review comments, and to incorporate information from paragraph 17.4. 4. Lakehaven shall provide the Consultant, in a timely manner, Lakehaven's standard documents for public works contracts, including standard plans. Unless otherwise specified, these standard documents shall be suitable for inserting into the bid documents without revision. 5. Lakehaven shall obtain all necessary approvals and/or new/revised utility service, and pay all fees connected therewith. 6. Lakehaven' representative with respect to services to be rendered under the Agreement shall be as designated by Lakehaven's Engineering Manager. 7. Lakehaven shall coordinate with the City of Federal Way to receive the required number of sets of final Contract Documents. A minimum of two complete sets shall be provided to Lakehaven. 8. Lakehaven shall pay all permit fees necessary to complete the work described in this scope of work. 9. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. 10. In providing opinions of cost for the project, the CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality performance by operating personnel orthird parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore the CONSULTANT makes no warranty that Lakehaven's actual project costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. Page 8 �' �• ;! � �hkF rF ��s a ' � � � � � �� � � � � � � � � � � i � � � � �� � � � Ty � �� � � � Y � EXHIBIT B SOUTH 352 STREET EXTENSION PRO7ECT (SR 161 TO SR 99) ESTIMATED FINAL DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCT/ON MANAGEMENT COSTS FOR /NCLUDING LAKEHAVEN UTILITY DISTRICT UTIL/TY RELOCATION AND ADJUSTMENTS ESTIMATED FINAL DESIGN COST Estimated final design costs for Lakehaven utility relocations (KPG, Inc.) ESTIMATED CONSTRUCTION COSTS Subtotal Construction Sales Tax @ 9.0% of Construction Cost Subtotal Construction Including Sales Tax Construction Contingency (10% of Construction cost.) Construction Management (12.5% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST (Final Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $ 14,155.99 $ TBD $ TBD $ TBD $ TBD $ TBD $ TBD $ TBD $ TBD TBD Costs presented are estimates on/y. Actual costs incurred will be used to calculate final cost of Lakehaven Utility DistricYs utility re/ocation portion for reimbursement to the City. Page 10