HomeMy WebLinkAboutAuburn Ace Holdings LLCA~~, l b.1
AGREEMENT FOR DESIGN AND CONSTRUCTION SERVICES
UNDERGROUNDING OF UTILITIES
THIS AGREEMENT in entered into between the City of Aubum, a Washington
municipal corporation, ("City") and (Developer's Name). ("Developer") to provide
design and construction services for the completion of the undergrounding of
electric utilities along South Division Street from West Main Street to 1St Street
SE, 1St Street SE from A Street SE to South Division Street, A Street SE at the
alley between West Main Street and 1St Street SE, and the public alley running
between A Street SE and South Division Street.
Recitals:
WHEREAS, the Developer is completing improvements to the block
bounded by West Main Street. A Street SE, South Division Street, and 1St Street
SE; and
WHEREAS, the Developer has requested to participate in the
undergrounding of the existing ovefiead utilities for the betterment of their
ultimate development project; and
WHEREAS, the City's Downtown Plan adopted in 1998 calls for making
infrastructure investments to facilitate development activity in the area ;and
WHEREAS, it is in the best interest of the City to complete the
undergrounding of the overhead utilities in conjunction with the Developer's
improvements.
NOW THEREFORE, in consideration of the mutual covenants contained
herein it is hereby agreed as follows:
I. Scope of Work
The Conversion Area is located in the alley South of East/West Main Street,
beginning at a point approximately one hundred eighty lineal feet west of the
center line of South Division then heading east for a distance of five hundred
thirty lineal feet, ending at a point approximately 50 lineal feet east of "A" Street
SE. Also included in the Conversion Area is the conversion of the overhead
communications line running from the alley East of Division Street then going
south to the SE corner of the intersection of 1St SE and South Division Street to
underground facilities. This scope will also include the replacement of parking lot
lighting lost as a result of this project. The work within the Conversion Area
necessary to underground the existing utilities is hereinafter referred to as the
"Project".
UNDERGROUNDING AGREEMENT -Page 1 of 4
The proposed undergrounding will be installed in the City's existing rights-
of-way inside of the corporation limits of the City or within easements provided by
the Developer at no cost to the City. This improvement shall be for the use and
benefit of the Developer's property, other properties adjacent to the Project and
for the improvements to the City Roadway System in the Downtown area.
The City shall be the contracting agent for all activities associated with the
design, bidding and construction of the Project. The City will utilize its staff
resources or professional services as determined by the City to be appropriate
for the implementation of the Project. Direction to the City's contractor shall be
through the City. The City shall follow normal contracting rules, procedures, and
standards as commonly accepted by the public works industry and required by
applicable laws.
PROJECT COSTS
Upon execution of this document, the Developer agrees to pay the City
$51,400.00 for undergrounding power utilities including cost of services from said
utilities and related engineering, design and project management costs by City
staff on the Project.
ADDITIONAL AGREEMENT PROVISIONS
1. Termination. This agreement shall terminate on the date of final payment of
funds from the Developer to the City for the completed improvements..
2. Governina Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises
between the parties under any of the provisions of this agreement, resolution
of that dispute shall be available exclusively through the jurisdiction, venue
and rules of the King County Superior Court, King County, Washington,
except as provided in section 6, below.
3. Modii'ication. No waiver, alteration, or modification of any of the provisions of
this agreement shall be binding unless in writing and signed by a duly
authorized representative of each party.
4. Severabilitv. If any one or more sections,. subsections or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not
affect the validity of the remaining portions of this agreement and the
remainder shall remain in full force and effect.
5. Indemnification. Washington State law shall govern the respective liability
between the parties to this Agreement for any loss due to property damage or
injury to persons arising out of the activities conducted pursuant to this
Agreement. To the extent allowed by law, each party shall defend, indemnify
and hold harmless the other party, its elected officials, employees and agents
from and against any and all suits, claims, actions, losses, costs, expenses of
litigation, attorney's fees, penalties, and damages of whatsoever kind or
UNDERGROUNDING AGREEMENT -Page 2 of 4
nature arising out of, in connection with, or incident to any act of omission of
the party, it's employees, agents, and contractors in the exercise of the rights
granted and conveyed to the party by this agreement. This indemnification
obligation shall include, but is not limited to, all claims against the other party
by an employee or former employee of the party or its contractors and, as to
such claims, the party expressly waives, as respects the other party only, all
immunity and limitation of liability under Title 51 RCW.
6. Dispute Resolution. Should a dispute arise between the participants
regarding the technical aspects and/or a decision related to the management
of the project, the project coordinators will attempt to narrow the issue in
dispute for consideration by the City Engineer and respective business owner
representatives. The City Engineer and respective business representatives
will determine if the dispute may be resolved by mediation.
Legal disputes between the parties shall be resolved through the use of
mediation by a mediator mutually acceptable to the participants with each
participant equally agreeing to share the cost of the mediator. Should the
parties not be able to resolve the dispute through mediation, the forum for
resolution shall be King County Superior Court, Regional Justice Center,
located in Kent, Washington. The substantially prevailing party will be entitled
to attorney fees and costs.
UNDERGROUNDING AGREEMENT -Page 3 of 4
Agreed this ~ day of _~ 2005.
CITY OF AUBURN AUBURN ACE HOLDINGS, LLC
By Peter ewis
Mayor
ATTEST
Da 'Ile Daskam
Aubum City Clerk
Approved as to Form:
y Patrick E. Cavanaug
VP
fst ~
I B field
ity Attorney
UNDERGROUNDING AGREEMENT -Page 4 of 4