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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