AG 20-017 - Lakehaven RETURN TO: PW ADMIN EXT: 2700 ID#: B
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ r r JJ CI.I>
2. ORIGINATING STAFF PERSON: CHRISTINE MULLEN EXT: X G f13 3. DATE REQ.BY: ASAPIII
3. TYPE OF DOCUMENT(CHECK ONE): THIS ILA WILL BE PRESENTED
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) TO LWSD BOARD ON SEPT
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 26TH AND I WOULD LIKE
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT APPROVAL B9 OUR LAW
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG DEPT A FEW DANS PRIOR TO
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTSTHAT IF POSSIBLE WE WILL
LlORDINANCE ❑ RESOLUTION �XECUTE IN OCTOBER AFTER
❑ CONTRACT AMENDMENT(AG#): X INTERLOCAL APPROVED BN LWSD BOARD
❑ OTHER AND CIT9 LUTC/COUNGL
4. PROJECT NAME:-S DASH PT RD SIDEWALK IMPROVEMENTS
5. NAME OF CONTRACToe: LAKEHAVEN WATER t SEWER DISTRICT
ADDRESS: PO PDX 4249 FFDFRAI WAY WA 98MLS TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: JOHN BOWMAN TITLE: GENERAL MANAGER.
6. 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# I EXP._/ /
7. TERM: COMMENCEMENT DATE: UPON EXECUTION(EST OCT 2019) COMPLETION DATE:PROJECT ACCEPTANCE(EST DEC 2021)
8. TOTAL COMPENSATION:S TBD AFTER BID OPENING THEY WILL PAY US (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: S
IS SALES TAX OWED: ❑YES ❑NO IF YES,S PAID BY: ❑CONTRACTOR ❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
RECEIVE
❑ PURCHASING: PLEASE GmkmE T0: C36212-26SOO
]. DOCUMENT/CONTRACT REVIEW INITIALJ DATE REVIEWED INITIAL/DATE APPROVED
(?JECT MANAGER CJM 16-SEP-2019
,
DIVISION MANAGER
DEPUTY DIRECTOR
'DIRECTOR
RISK MANAGEMENT (IF APPLICABLE)
XLAW DEPT 171 7a
10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: 09-OCT-2019 COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: 1S-OCT-2019 COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ,LA an-or43JL0 DATE REC'D:17-'3 c3fY 202..0
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR l MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL.APPROVAL IS NEEDED.)
INITIAL/DATE SIGNED
❑ FINANCE DEPARTMENT
'eCLAW DEPT ?_Bv
�OtGNATOR AYOR R
[+CITY CLERK
❑ ASSIGNED AG# A C3��
❑ SIGNED COPY RETURNED DATE SENT: C
❑RETURN ONE ORIGINAL
COMMENTS:
Exi,cUTF" "O-naTNAu
o V"q
1/2018
After recording, return to:
City of Federal Way
Public Works Department
Attn: Christine Mullen, P.E.
33325 8th Avenue S
Federal Way, WA 98003
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN WATER & SEWER DISTRICT
FOR THE S. DASH POINT ROAD IMPROVEMENTS
(EAST OF 9TH PLACE S. TO 320' EAST OF 11TH PLACE S.)
CFW PROJECT#36-212
THIS AGREEMENT is made and entered into this day of 2020, by
and between the City of Federal Way (hereinafter "City') and Lakehaven Water& Sewer District
(hereinafter"District"), collectively referred to herein as the "Parties."
WHEREAS, the City proposes to proceed with the S. Dash Point Road Sidewalk
Improvement Project(east of 9th Place S. to 320 feet east of 11th Place S.), 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 laws, regulations and franchises; and
WHEREAS, in connection with the street and storm system improvements being undertaken
by the City,the District will be required to relocate and modify certain water facilities such as water
mains,fire hydrants, valves, water meters, etc.; resolve water facility conflicts with other proposed
improvements; and undertake other related work within the Project area; 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,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 water system work in connection with the Project (hereinafter
"District Work"), and providing construction management services in support thereof; and
WHEREAS, RCW 39.34.030(5)(b) and RCW 39.34.080 authorize the District to contract
with the City to utilize and join in the City's bid and award process for the Project to include the
District Work; and
S. Dash Point Road Improvements Page 1
Lakehaven Water&Sewer District Interlocal Agreement
WHEREAS, the City agrees that the District Work should be included in the bid and award
process for the Project to take advantage of the cost savings and other benefits in the public's
interest.
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties
hereto as follows:
I. DESIGN AND PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE.
The District shall provide the City with reproducible construction drawings, special
contract provisions, and other necessary documents which will sufficiently detail requirements for
the District Work to become a part of the Contract Bid Documents and Engineer's estimate for the
Project. The necessary documents in this section shall be subject to City approval,which shall not
be unreasonably withheld.
II. BIDDING AND CONSTRUCTION.
A. It is the intention of the Parties that the District plans and specifications 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 District Work will be
advertised as a separate bid schedule that will be part of the Base Bid for award.
B. The City shall call for bids for performing the Project and the District Work.
The District Work Following opening of construction bids for the Project, the City shall furnish for
the District's review a tabulation of the bid responses submitted for the District Work. The District
will be given the opportunity to review and comment on the low bidder; however,the City will have
the sole discretion regarding the selection of the contractor. Within twenty days of receiving the bid
tabulation, the District shall notify the City in writing whether the District approves or rejects their
portion of the bid award. If the City elects to award a contract for the project, bid award will 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. Following such notice from the District that the bid results are
unacceptable to the District, the City may elect to proceed with its portion of the Project, and the
District Work shall be deleted from the Contract Documents.
C. Pursuant to RCW 39.34.080(5)(b), the City shall either (1) post the bid or
solicitation notice on the City's web site,the website of a purchasing cooperative, or similar service
provider, for purposes of posting public notice of bid or proposal solicitations, or (2) provided an
access link on the state's web portal to the notice.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative,construction observation,
and clerical services necessary for the execution of the Project, exclusive of such construction
observation, material review and ancillary construction administration support provided by the
S. Dash Point Road Improvements Page 2
Lakehaven Water&Sewer District Interlocal Agreement
District in coordination with City staff. 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 City's Project contractor(s), the City's design and inspection consultants, all
District requested changes, and the District's cost of the City services described in Paragraph III.A
herein and as summarized in Exhibit A. The estimated costs for the District Work are for order-of-
magnitude planning purposes. Actual costs to be reimbursed to the City will be determined after
bid opening.
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 said sums billed to the
District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per
month.
C. The City shall make all disbursements to the Project contractors and
consultants.
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 the 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.
S. Dash Point Road Improvements Page 3
Lakehaven Water&Sewer District Interlocal Agreement
VI. DURATION.
This agreement shall become effective immediately upon execution by both parties,
and shall continue in force until either: (1)the District rejects all bids as set forth in Paragraph 11.13
herein; 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 Documents, including District requested changes, 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 may be extended for additional periods of time upon mutual
written agreement of the City and District.
E. Adherence to deadline dates is essential to the performance of this Interlocal
Agreement.
F. 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.
G. Should any claims arise related to the District Work portion of the Project,the
City shall handle and administer the claims in the same manner it would handle any other claims on
the Project and the District shall reimburse the City for all expenses associated with handling such
claims. The City shall immediately notify the District and keep it informed as to the progress of the
claim. The District will provide guidance regarding proposed terms of settlement. Any decision
regarding the settlement or prosecution of a claim shall be approved by the District prior to being
finalized. If the District and the City cannot agree as to the prosecution or settlement of a claim,the
District may prosecute or defend the claim and the City will assign such claims to the District. The
District agrees to pay all costs of prosecution or defense if assigned such claims and defend,
indemnify and hold harmless the City from all damages the City suffers from the District's
prosecution or defense of the claim.
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.
S. Dash Point Road Improvements Page 4
Lakehaven Water&Sewer District Interlocal 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 LAKEHAVEN WATER & SEWER DISTRICT
Ji er) II, Mayor John owmar�, General Manage
APPROVED AS TO FORM: APPROVED AS TO FORM:
,ice
J. Ryan Call, City Attorney Steven H. Pritchett, eneral Counsel
ATTEST:
Nl�
.
Step}lanie Courtney, C , ity Clerk
S. Dash Point Road Improvements Page 5
Lakehaven Water&Sewer District Interlocal Agreement
EXHIBIT A
ESTIMATED DISTRICT COSTS
ESTIMATED DESIGN COST
Design
Estimated design costs for District Work $ 0.00
The District has contracted directly with an engineering design consultant(KPG,
Inc.) to provide plans and specifications for inclusion in the City's Contract
Documents.
ESTIMATED CONSTRUCTION COSTS
The proportionate District percentage will be applied to the City's Schedule A Bid Items listed
below. The LWSD percentage will be determined as follows:
District % = Sched. B Subtotal Bid Amount* = 1211762.50 = 18.80%
Sched. A + B Subtotal Bid Amounts* ($924,020.25+$213,762.50)
*Note Schedule B Amounts for this calculation do not include sales tax.
Construction — Schedule A Shared Bid Items
Roadway Surveying for Water Facilities $ 1,193.80
As-Built Surveying & Record Drawings for Water Facilities $ 413.60
Material Testing (District) $ 1,504.00
SPCC Plan (District) $ 28.20
Mobilization (District) $ 10,638.40
Temporary Traffic Control (District) $ 19,147.80
Clearing and Grubbing (District) $ 4,606.00
Erosion Control & Water Pollution Prevention (District) $ 629.80
Schedule A Shared Bid Items $ 38,161.60
Construction —Schedule B $ 213,762.50
Sales Tax @ 10.0% of Construction Cost—Schedule B $ 21.376.25
Schedule B Including Sales Tax $ 235,138.75
Subtotal —Schedule A Shared Bid Items $ 38,161.60
Subtotal —Schedule B Including Sales Tax $ 235,13€3.75
Subtotal —Construction $ 273,300.35
Construction Management (15% of Subtotal - Construction cost) $ 40,995.05
Estimated Construction Cost $ 314,295.40
ESTIMATED TOTAL COSTS
Estimated Design Cost $ 0.00
Estimated Construction Cost $ 314,295.40
Subtotal $ 314,295.40
Project Administration (5% of Design & Construction Subtotal) $ 15,714.77
Total Estimated Cost $ 330,010.17
Note: Bid amounts from the selected contractor and actual costs incurred will be used to calculate
the final cost due from the District for its portion of the District Work for reimbursement to the City.
S. Dash Point Road Improvements Page 6
Lakehaven Water&Sewer District Interlocal Agreement