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AG 98-204 - PUGET SOUND ENERGY OATE OUT: - 2ijJ r CITY OF' F'EDERAL WAY LAW DEPARTMENT F"OR CONTRACT PREPARATION/COCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING OEPT./DIV.: 'Pw J ýfy-ee-/.; 2. ORIGINATINGBTAFFPERSDN: . AI E~-J-t'y EXT:!l:JQ2 3. DATE REQ. By: ~h/c..¡9) 4. TYPE OF DOCUMENT REQUEBTED ICHECK ONE): 0 REAL E8TAn PURCHASE & BALEB AGREEMENT 0 BECURITY DOCUMENT Ie,... A..ccN'NT .. P,.,/MA'N SaNo, A"'.NN'NT .. "'NO. 'N Locu 0' BoNo, 0 CONTRACTOR BELECTION DOCUMENT Ie,... RO., .oP, ROQ' 0 CON"RACT AMENOMENT AG#: ÿ~~:~:ENT /({' ~rm;1 ~ ¡:;>C;F ':Pole o.í're<'mR.J- 0 PROFESSIONAL BuVICU AGREEMENT 0 MAINTENANCE/LA. OR AgREEMENT 0 PUSLIC WORKS CONTRACT 0 BMALL PU.LIC WORK. CONTRACT IL'.. THAN "',aaa, 0 PURCHA.E AGREEMENT IMAT'.'A~, suPPu", .OU'PH'NY> 5. PRO.JECT NAME: yn; 1~7Z'Y{+?(')¿¡A a>l :---rl::rr Lllh 'Road ¿--",)i~fl7"l~ 6. NAME OF" CONTRACTOR: ,hLj.Jl.c!-- ~-øf ~'27& ~ / AODREBB: PHONE: TYPE OF PERBON OR ENTITY (CHECK ONE): 0 INOIVIOUAL 0 PARTNERSHIP 0 BOLE PROPRIETORBHIP BTATE: 0 CORPORATION TAX ID#/BB#: SIGNATURE NAME: TITLE: 7. SCOPE OF' WORK: ATTACH EXHIBIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF WORK, INCLUOING COMPLETION DATES FOR EACH PHASE OF WDRK AND LOCATION OF WORK. B. TERM: COMMENCEMEN};R'\1E: COMPLETION DATE: \61..~ IOÓ'W -Pro<-"""":Y)Rc. 9. TOTAL COMPENSATIO~$ 50,0..<> i>c.t"",t ~ (INCLUDES EXPENBEB AND SALES TAX, IF ANYI '" CA..ULAT'o aN NOU." LA.o. CHA..' - AnACH .CH'oUL'. cO 'NP'OYCC. ToTLCO ANO Hau." RAT'.' REIMBURSABLE EXPENSEB: DYES ONo IF YES, MAXIMUM DOLLAR AMOUNT: $ Is SALEB TAX OWEO? 0 YES 0 No IF YES, $ 0 CONTRACTOR OCITY 10. SELECTION PROCESS USEO (CHECK ONEI: 0 REQUEST FOR BIOS 0 REQUEST FOR PROPOSALB 0 REQUEBT -OR QUOTEB 0 REQUEBT -OR QUAL"'CATION. 0 ARCHlnCT & ENGINEER LIBT 0 BMALL WORKS ROBnR ",C¥jTRACTREVIEW ~ A..\7-6,..\~.g , INITIALlDATEApPROVED ~~y- " ~~/~Üqlt¡lIA IØ" LAW (ALL CONTRACTS) ~ -3../lJL-"l L ~ ~'BK MANAgEMENT (; ':~~::::T'::'::~""C"~:: ~';.~':::..;~~;., . o. .:::::"::N>'U'" .CU'".O {O ~: ~!(#' ,""'^,,.... A....m (~1l 0 LAW DEPARTMENT 0 CITY MANAGER ~ITY CLERK ~1 ~/ '~7Q --' q; / w#. 0 SIGNEO COpy SACK Cf¡ ORIGINATING OEPT, 0 ASSIGNEO AG # K. é)-{)L-( 0 PURCHABING' PLEASE CHARGE TO: COMMENTS . q) klYl'1 CÐ/JLï4 (ì~<;'~1~ Pu-~t. ~ 1l,)wJ¿ w;'Ik~ t (I. ï?oLÙ ~)--PSF pDll ~'ìre.e.~ -tv afJar,~ ðP'¡";WM PY' Pc;F fC>!.€ WH'T< - O.'.'NAO BY,,' WOYN .aNY".T CANARY - ."'K TO 8W' RONK - OAW CO"T. aOLaEN.oa - ....'HAT'N. BY^" LOA" 'R.. ."., q~ .cWf POLE ATTACHMENT AGREEMENT This Agreement, dated as of August 27, 1998, is made and entered into by and among: Puget Sound Energy, Inc., a Washington corporation ("Puget"), the City of Federal Way ("Federal Way") and King County (the "County"). 1. Puget hereby grants to Federal Way pennission, on the tenus and conditions specified in this Agreement, to install, maintain and use one (I) Opticom emergency vehicle preemption detector and a two inch (2") riser with weatherhead (the "Equipment") on Puget's pole number 313208-163791 located within the County's right-of-way at the intersection of Military Road South and South Star Lake Road (the "Pole"), Further, the County hereby authorizes and grants its consent and pennission to the installation ofthe Equipment on the Pole and the use of the Pole by Federal Way in the manner and during the period contemplated by this Agreement. 2. The tenn of this Agreement (the "Tenn") shall commence as of the date of this Agreement and shall tenninate on the earlier of the following to occur: (a) Upon any five-year anniversary of the commencement of the Tenn, provided that any party has given the other parties written notice oftennination at least sixty (60) days prior to such anniversary; or (b) Written notice oftennination is given by Puget to Federal Way upon Federal Way's failure to cure any default under or breach of this Agreement by Federal Way within thirty (30) days after Puget gives Federal Way written notice of such default or breach. 3, Upon execution ofthis Agreement, Federal Way shall pay to Puget an application processing fee in the amount of One Hundred Dollars ($100). 4. The pennission granted herein is personal to Federal Way and shall not be assigned in whole or in part without prior written consent ofPuget and the County. 5, Federal Way shall install the Equipment and, thereafter, at all times maintain and operate such Equipment in a skillful, lawful, and proper manner satisfactory to Puget Federal \llay's installation and operation of the Equipment shall not in any way interfere with any power line, telephone line or other facility attached to Puget's poles, 6. Federal Way shall bear all expenses in connection with the installation, operation, and removal of the Equipment 7. In the event of an emergency, Puget may relocate the Equipment and take such other action affecting the Equipment as Puget deems appropriate in the circumstances. Federal Way's emergency phone number is (253) 661-4000. ORIGINAL Pole Attachment Agreement King County and the City of Federal Way Page I August 27, 1998 8, Within thirty (30) days of the termination of the Term, Federal Way shall remove the Equipment from the Pole. At the expiration of such thirty (30) days all rights of Federal Way to use the Pole shall terminate, If Federal Way fails to remove the Equipment from the Pole within such time, Puget shall have the right to do so at Federal Way's expense, Such removal, whether by Puget or Federal Way, shall not release Federal Way from any obligation accruing prior to, or arising out of, any incidence which occurs prior to such removal. 9. Any notice to a party hereunder shall be deemed given on the date of its deposit in a United States post office enclosed in an envelope, postage prepaid, and addressed to such party at the address set forth below its signature, 10, Federal way hereby acknowledges that unless otherwise stated herein Puget makes no representations or warranties regarding the Pole, Federal Way's attachment of the Equipment to the Pole or Federal Way's use of the Pole under this Agreement. Further, Federal Way represents that it has obtained or hereby agrees to obtain from public authorities and private owners of real property any and all permits, licenses or grants necessary for the lawful exercise of the permission hereby given. II, To the extent permitted by applicable law, Federal Way releases and shall defend, indemnify and hold harmless Puget and/or the County from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising (whether before or after the termination of the Term) out of or in connection with activities performed under this Agreement, including, but not limited to, the attachment of the Equipment to the Pole, the operation of the Equipment during the Term, and the removal of such Equipment, 12, The aggregate liability ofPuget and/or the County (whether in tort, contract or otherwise, and notwithstanding any fault, negligence, strict liability or product liability) in connection with this Agreement or the activities contemplated by this Agreement will in no event exceed the application processing fee paid to Puget by Federal Way pursuant to this Agreement. 13, The rights and the obligations of the parties hereunder shall be subject to and governed by this Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes any and all prior agreements with respect to the attachment of the Equipment to the Pole. Pole Attachment Agreemenl King County and the City of Federal Way Page 2 August 27, 1998 Federal Way: Cityof~ral Way By: L- '/ ¡ri1 A . Its: I'~ ~ ~ 7'(Zyl'lll' Date Signed: Address: Attn, Al Emter, P,E, 33530 - I" Way South Federal Way, WA 98003 County King County BY:~~~ Ro Id J. Paanane.tt~P,E. Its: County Road Engineer It>J1qJ I Date Signed: Address: Road Services Division 400 Yesler Way, Room 400 Seattle, WA 98104-2637 Puget: Puget Sound Energy, Inc. By: /¿~¿ ILL h- 'b.¡) Duane Henderl;on Its: Manager Standards and Work Practices Date Signed: f<Þ 1(0/ 'ì ¿( Address: Attn, Joint Facilities Administrator P,O. Box 97034 MER-04S Dellevue, W A 98009-9734 Pole Atlachmenl Agreement King County and the Cily of Federal Way Page 3 August 27,1998