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AG 13-183RETURN TO: � C, EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS re�(��%S� n may, 2. ORIGINATING STAFF PERSON: (2 1 yY r)C 1 U.�1C�.i�i EXT: i( Z� . 5 3. DATE REQ. BY: I .J 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT Cl SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT Cl MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT Cl SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): INTERLOCAL W t t- a-%ZI' VZn • OTHER n �} ^,�,� ` l . \ r 5. PROJECT NAME: S�JI 2&h � N+ 2 . ' PNe. S lx-Lk �V "��`� 6. NAME OF CONTRACTOR: �al SfyA Lk ADDRESS: '3 U'lo'l in a- em . Pe cler-u.\ WAA TELEPHONE: E -MAIL: 9nto3 FAx: SIGNATURE NAME: nave �O W �� 1C1 TITLE: (�P,�,el�I Manx 4e,r 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: COMPLETION DATE: 9. TOTAL COMPENSATION: $ (� 5 �' SO (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY' ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: Y 10. DOCUMENT/ CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED PROJECT MANAGER ❑ DIVISION MANAGER g DEPUTY DIRECTOR DIRECTOR 7� ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT P _ • I 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: oil IS COUNCIL APPROVAL DATE: t7 1 12. CONTRACT SIGNATURE ROUTING 1 • SENT TO VENDOR/CONTRACTOR DATE SENT: C111411-9 DATE REC'D: Q ('25113 • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT SIGNATORY AYOR R DIRECTOR) y CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS:_ EXECUTE %9- ORIl 'k D1h otgveem2ht wwjl 71�fi1F�►11fG --tD 1/9 After recording, return to: Federal Way City Attorney's Office 33325 8"' Avenue South Federal Way, WA 98063 -9718 MENEM 1►Y 1i Dl i 1Ci16I. oRT":t "u Tell BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE S 320TH STREET AT 20TH AVENUE SOUTH WATER QUALITY VAULT PROJECT THIS AGREEMENT is made and entered into this 3C�' day of $epJr= bey- , 2013, by and between the City of Federal Way (hereinafter "City ") and Lakehaven Utility District (hereinafter "District "), collectively referred to herein as the "Parties ". WHEREAS, the City proposes to proceed with the S 320th Street at 20"' Ave S. Water Quality Vault 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 relocate certain water and sanitary sewer facilities such as water main, fire hydrants, valves, water meters, etc.; resolve any waterline /utility conflicts; and adjust sewer manholes, 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 letting a public works construction contract for the installation of the water 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; follows: NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as I. DESIGN. The District agrees that the City's design contractor, BergerABAM, shall perform design and Page 1 work for the Project as described in Exhibit A . The District shall reimburse the City for the design work, reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. H. 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. 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 award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. 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. 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 Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's Board of Commissioners of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. Page 2 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 indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by 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 thereto. 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 of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement 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 maybe 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 Page 3 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 Skip Priest, Mayor 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -2410 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, CMC, City Clerk UTILITY DISTRICT 2f It 5 Bowman, General Manager 3162V 1 st Avenue South PO B x 4249 Federal Way, WA 98063 -4249 (253) 946 -5401 APPROVED AS TO FO General Counsel, Steven H. Pritchett k: \streets \projects \S320th Street at 20`b Ave S Water quality Vault \lakehaven \ILA.doc Page 4 EXHIBIT "A" WATER MAIN REPLACEMENT S 320TH STREET AT 20TH AVENUE SOUTH WATER QUALITY VAULT PROJECT Page 5 O O O O O O a C �I i s T a 4 m � 1 , 1 I Q i la >� I J S � F E CL a N LLJ a s 0 N i � rail ` u = O N uj $ € o dr 34 O g g 9 § : 9 S .d m �9 �L r { ap a � s C �I i s T a 4 m � 1 , 1 I Q i la >� I J S � F E CL a N LLJ a s 0 N i � rail ` u = O N uj $ € o dr 34 O g g 9 § : 9 S .d m �9 �L EXHIBIT "B" S 320TH STREET AT 20TH AVENUE SOUTH WATER QUALITY VAULT PROJECT ESTIMATED DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION, AND CONSTRUCTION MANAGEMENT COSTS FOR INCL UDING LAKEHAVEN UTILITY DISTRICT UTILITY REPLACEMENT AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility replacements (BergerABAM) ESTIMATED CONSTRUCTION COSTS Construction Costs Subtotal Construction Sales Tax @ 9.5% of Construction Cost Subtotal Construction Including Sales Tax Construction Contingency (10% of Construction cost.) Construction Management (15% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST( Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $ 5,400.00 $40,000.00 $40,000.00 $ 3,800.00 $43,800.00 $ 4,380.00 6,570.00 $54,750.00 $60,150.00 3,007.50 $63,157.50 Note: Actual costs incurred will be used to calculate final cost ofLakehaven Utility District's utility relocation portion for reimbursement to the City. Page 7