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AG 97-006 V : ~q cq ?-UT:, ~(2..- f £1LP- 4 q CI OF' F'EDERAL WAY LAW DEPARTMENT REQUEST .OR CONTRACT PREPARATION/DoCUMENT REVIEW/SIGNATURE Rcf,; .~I\I..~~y ~~I~~A~Ie..'!:>~~.~Æ~~ j ltù WA ) / (J ¿J / ~f.£ - 2. ORIGINATING STAF"F" PERSON: EXT: !j/5h :.'- ~ATE~IO' B'¡¡¿rktt':!J-. "*' 4. TYPE OF" DOCUMENT REIOUESTED (CHECK ONE): ~ ~ Î /2--2 0 PROFESSIONAL SERVICES AGREEMENT 0 SECURITY DOCUMENT - - 0 MAINTENANCE/LAS DR AGREEMENT ....., A..UNENT .. PE."..,N BONO' A.".NNENT A' FUNO. ON 'OEU A' BONOO 0 PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION DOCUMENT 0 SMALL PUBLIC WORKB CONTRACT """ R'B, R'P. R'C> "~EO. TNAN OZ'.DDD> 0 CONTRACT AMENDMENT 0 PURCHASE AGREEMENT 0 EASEMENT 'MATn..,., Bupp"n, EQUOPNENT> fOTHER 0 REAL ESTATE PURCHASE & SALES AGREEMENTUS f?. I B -ftJ ". 5. PROJECT NAME: AG#: 6. fj~~';, ~~';',~':;A ~~ 1/ / PHONE: bW/ TYPE OF" PERSON OR ENTITY (CHECK DNE): 0 INDIVIDUAL 0 PARTNERSH'P 0 SOLE PROPR>ETORSH'P STATE: 11//1 J!l-CORPORAT>DN ---=- t(¡ vr!j çtr n T TAX ID#/SS#: SIGNATURE NAME: TITLE: m~ndf)~ 7, SCOPE OF" WORK: ATTACH EXHISIT A - A COMPLETE AND DETAILED DESCRIPTION OF" THE SERVICES OR SCOPE DF" WDRK, INCLUDING COMPLETION DATES FOR EACH PHASE OF" WORK AND LOCATION DF" WDRK. B. TERM: COMMENCEMENT CATE: r¡ II ( q b COMPLETION CATE: 9. TOTAL COMPENSATION: $ (INCLUDES EXPENSES AND SALES TAX, IF" ANY) '" CALCULATEO ON NOU.'T LA.O. CNA..E - ATTACN .CNEcm. a' EN",om. Tom. ANa NOU.'T PATE.> REIMSURSASLE EXPENSES: 0 YES OND IF" YES, MAX'MUM DDLLAR AMDUNT: $ Is SALES TAX OWED? 0 YES 0 No IF" YES, $ 0 CONTRACTOR OCITY 1 O. SELECTION PROCESS USED (CHECK ONE): 12. CONTRACT SIGNATURE ROUTING 0 ARCH'TECT & ENG'NEER LoST 0 SMALL WORKS ROSTER 0 RECUEST FDR B'DS 0 RECUEST FDR IOUOTES 11. COON:E:::::::~~~~:~I ~?C~~U:~~ONS 1Y0'RECTOR"I.:~.k~ck ~.,. iYCAW (ALL CONTRACTSI ~~ ~v¡~ \~~~- = tYFi.SK MANAGEMENT '( ~ /' \II'" I < ¿" CONTPACTO EXCEPT ANENDNENTO, VOl ~ ~ A / ~ DNTOACTO. .E'ECTOCN DDCUNENT> F \ \ ¡'I S' . '/ 7 PURCHAS'NG A6 q7 -()l.p UNDERGROUND CONVERSION AGREEMENT This Agreement is dated effective this 1st day of July, 1996. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and U.S. West Communications, a Washington corporation ("U.S. West"). A. U. S. West is a public service company engaged in the sale and distribution of electric energy and, pursuant to its franchise from the City, it currently provides telecommunication services within the City. B. The Washington State Department of Transportation is undertaking a street improvement program at SR 161, from SR 18 to Milton Road ("Project Limits"), in the City of Federal Way, Washington. C. The City has expressed a desire to participate with U.S. West to cause the existing overhead telephone lines to be replaced with a comparable underground system within the above Project Limits, more specifically located on the East side of SR 161, from approximately 1715 South 352nd to South 356th Street in the City of Federal Way ("Conversion Area"). NOW, THEREFORE, the Parties agree as follows: 1. U.S. West shall furnish and install underground cable, conduit and terminals within the Conversion Area, in accordance with U.S. West's standard specifications (hereinafter "Underground System"). 2. Upon connection of those customers to be served by the underground system and removal of facilities of any other utilities which may be connected to the poles of the overhead system, U.S. West shall remove the existing overhead system (including associated wires and U.S. West-owned poles and aerial terminals) within the Conversion Area. 3. The City shall, at its expense, perform the following within the Conversion Area, all in accordance with U.S. West's specifications: (a) Trenching (including shoring, flagging and barricades) and Restoration (including restoration of streets, sidewalks and private property); (b) Surveying for alignment and grades for vaults and ducts. Other utilities may be permitted by the City to use City-provided trenches for the installation of their facilities so long as such facilities or the installation thereof do not interfere with U.S. West's underground system or the installation or maintenance thereof; and 1 ORIGINAL (c) Stake all property lines and corners in the Conversion Area; and (d) Provide all permits for the work described in this Agreement. 4. The City shall, within thirty (30) days after the completion of the work to be performed by U.S. West pursuant to paragraphs 1. and 2. above, remit to U.S. West a payment of Eleven Thousand Eight Hundred Forty-Nine and 501100 Dollars ($11 ,849.50), which amount includes 8.2 % tax. 5. U.S. West shall own, operate and maintain all telecommunication facilities installed pursuant to this Agreement including, but not limited to the Underground Services installed by U.S. West pursuant to paragraphs 1 and 6 of this Agreement. 6. Except with respect to those customers for which underground conversion is determined not to be necessary, the City shall notify all customers within the Conversion Area that secondary service to such customers must be converted from overhead to underground service. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, U.S. West will remove the overhead system and connect such customer's underground service line to the Main Distribution System. 7. The City shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. U.S. West shall not be required to install the Underground System until the area in which such System is to be installed has been established to grade. Upon performance by the City of the necessary preliminary work, the City shall give U.S. West reasonable advance written notice requesting U.S. West to commence installation of the Underground System and shall schedule such construction to minimize interference from the installation of other improvements. 8. U.S. West's performance hereunder shall be commenced within a reasonable time following receipt of the written notice pursuant to paragraph 7. U.S. West shall use reasonable diligence in performing its work hereunder, but shall not be liable for any delays resulting from circumstances beyond its control including, but not limited to, failure to receive necessary operating rights pursuant to paragraph 9 below. The City agrees that work performed by U.S. West shall be scheduled to avoid premium labor charges to U.S. West. If the Parties mutually agree that U.S. West's normal straight-time eight hour labor day must be changed, the City must provide sufficient advance notice to U. S. West. Any overtime labor not included in the original estimate but provided by U.S. West at the request of the City may increase U. S. West's project cost which will result in an increased cost to the City; provided, however, that unless the Parties mutually agree otherwise, such increase shall not exceed ten percent (10%) of the amount set forth in paragraph 4. 9. The City shall furnish any and all operating rights required by U.S. West, which are consistent with its franchise, in a form or forms satisfactory to U.S. West, to allow U.S. West to construct, operate, repair and maintain the communications system within the City right-of- 2 ways in the Conversion Area. U.S. West may postpone performance of its obligations hereunder until it has been furnished with such operating rights. 10. (a) The City releases and shall defend, indemnify and hold U.S. West harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of the activities set forth in this Agreement to the extent solely caused by the negligent acts, errors or omissions of the City, its employees or agents. (b) U.S. West releases and shall defend, indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of the activities set forth in this Agreement to the extent solely caused by the negligent acts, errors, or omissions of U.S. West, its employees or agents. 11. In the event the City requires the relocation of any of the facilities installed under this Agreement on private property not within a city right-of-way prior to the expiration of twenty (20) years after completion of the conversion hereunder, the City shall bear the entire costs of such relocation. 12. Nothing in this Agreement shall in any way affect the rights or obligations of U.S. West under any previous agreements pertaining to the existing or future facilities within the Conversion Area. 13. During the performance of all activities described in this Agreement, neither the City's nor U.S. West's employees shall be considered employees of the other Party. US WEST COMMUNICATIONS, INC. By ~r:;;¿jL Its: $;, If'''' /1 L? L. G,- itie) Developer Contact Group P.O. Box 1720 Denver, CO 80201 (303) 707-7363 3 CITY OF FEDERAL WAY By ~D~ ¿%'Kenne E. Nyb rg, City Manager 33530 1st Way South Federal Way, WA 98003 APPROVED AS TO FORM: ,Ø'1 cl~ y Attorney, James J. McNamara k,ldO<:Ul11entlusw,"tund 71ll/96 4 Purchasing (206) 661-4077 Payables (206) 661-4064 Fax 1206) 661-4075 r"'-'II"--'- 025543 33530 First Way South. Federai Way, WA 98003 DATE: 04/09/97 ~NDOR#: 003788 REQUiSiTiON #: DEPARTMENT: 40 0 F.O.B. DESTINATION D CONFIRMING: DO NOT DUPLICATE rr iN D 0, ~ U S WEST COMMUNICATIONS INC DEVELOPER CONTACT GROUP POBOX 1720 DENVER, CO 80201 m ,P lQJ CITY OF FEDERAL WAY 33530 FIRST WAY SOUTH FEDERAL WAY, WA 98003 ALL INVOICES TO: CITY OF FEDERAL WAY. AnN: ACCOUNTS PAYABLE. 33530 FIRST WAY SOUTH. FEDERAL WAY. WA 98003 SPECIAL INSTRUCTIONS: CONTRACT PURCHASE ORDER -IMPORTANT: Vendor must show P.frYiÍ'ls~ £rd"e9~ð,í¡bR~~¡1I Packages, Bills of Lading, Invoices, and Correspondence. ------- SHIP VIA: ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT 1 1 GR WS-SR18/MILTON ROAD PROJECT NDERGROUND CONVERSION FOR IPHONE LINES (INCLUDES TAX) ~s PER CONTRACT #AG97-06 ,,' TERM: 7-11-96 UNTIL COMPLETIO PPROVER: KEN MILLER I 11,849,50 11,849.50 I I I - I ----.L 11,849.50 ACCOUNT NUMBER AMOUNT 304-3100-240-596-38-520 11,849.50 APPROYAL COOE A OTHER APPROVAL AS NEEDED P P REOUISITIONS APPROVED BY: R 0 V A L S ------------------------------- --------------- ---