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AG 10-005�TURN To_ �',r�l°f'YIC�r CITY OF FEDERAL WAY LAW DEPA�RTMENT UEST FOR COIYTRACT PREPARATION/DOCUMEIYT R EVIEW/SIGNATURE ROUTING SLIP i. ORIG[NATING DEPT_/D[V: P� �S� f�� S ?. OR[G[NATING STAEE PERSON: � ��Q � 2o L,� c�"� EXT: ,� 7_,�_ 3. DATE REQ. BY: I 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT � GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / GDBG ❑ REAL ESTATE DOCUMENT O SECURITY DOCUMENT {E.G. sorm aELarED �ocuMErrTS> ❑ ORDINANCE ❑ RESOLUTION O CONTRACT AMEND (AG#): � OTHER �pi�nT ( d►�s�'r�,�'t�o�, ,� a t'Qe u�tPV� ^ �S L cta S , 5. PROJECT NAME: P c�s �_� �_�i NAME OF CONTRACTOR: ADDRESS: SiGNATURE NAME: TELEPHONE TITLE 7_ EXHIBITS AND ATTACHMENTS: ❑ sCO� , WORK OR SERV[CES ❑ CbMPENSATtON ❑ RJSUiZANCE REQUIREMENfS/CERT[FICATE ❑ ALL OTHER REFERENCED EXHIBCCS ❑ P OF OF AUTHORITY TO S[GN ❑ REQUIRED L[CENSES ❑ PRtOR CONTRACT/AMENDMENTS 3. TERM: COMMENCEMENT DATE: COMPLETION DATE: ). TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR C RGE - ATTACH SCHEDULES OF EMPLOYEES T[TLES AND HOL(DAY RATES) REIMBURSABLE EXPENSE: O YES NO [F YES, MAX[MUM DOLLAR AMOUNT: $ [S SALES TAX OWED ❑ Y ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR o CITY ❑ PURCHASING: PLEASE CHARG O: l0. COIYTRACT REVIEW [N TIAL / DATE REVIE ;ED [NITIAL / DATE APPROVED � PROJECT MANAGER ! Cl�l �D(RECTOR r r¢ ieul-ecQ b l� ,�.l our-L. ❑ SIGNATORY (cM ACM, OR DIRECTOR� � RISK MANAGEMENT (tF APP[.iCAB►.e) �.aw �j - 1Z- l� � CONTRACT SIGi�IATURE ROUTING ��''>I � P YYI�.i. rO��ag/0� � SENT TO VENDOR/CONTRACTOR DATE SENT: �co► ! l!? Ocl DATE REC'D: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, L[CENSES, EXH(B TS �/ � ��� '�Q LAW DEPARTMENT ti�� a �'SIGNATORY(�Nt ,���� .l.a � /�l e�t�{ '6d'CITYCLERK i 1 ]�' ASSIGNED AG# ' AG# � � SIGNED COPY RETURNED DATE„SENT: , �—Retcr..��, o�+c o* u� t n...i :OMMENTS:. . , , � , OI il O 0 JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV PROJECT (SOUTH 312TH STREET TO DASH POINT ROAD) THIS AGREEMENT is made and entered into this � day o , 20� by and befinreen the City of Federal Way (hereinafter "City") and Puget Sound En r (hereinafter "PSE"), collectively referred to herein as the "Parties". W HEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase IV Project (South 312th Street to Dash Point Road) (hereinafter "Project"); and WHEREAS, PSE provides natural gas service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, PSE will be required to relocate certain gas mains in conflict with project facilities within the Project area; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a public works construction contract for the removal of the obsolete gas mains in conflict with the Project (hereinafter "PSE Work"), providing construction management services, and providing Project administration in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: GAS MAIN RELOCATION. PSE agrees that its design contractor, Pilchuck, Inc., shall perform predesign/design and construction work for the relocation of its facilities that are in conflict with Project facilities. PSE shall provide the City all drawings necessary to acquire a right of way permit and relocate its gas mains out of the conflict zones. PSE shall provide as-constructed record drawings of both the relocated mains and the obsolete mains within 60 days of completion of PSE Work. PSE shall provide preliminary location data within one week of Agreement execution. The record drawings shall show the vertical and horizontal location of the relocated and obsolete facilities within the Project area using a minimum scale of one inch equals one hundred feet (1"=100'), measured from the centerline of the right of way, of a form which shall be acceptable to the City. II. BIDDING AND CONSTRUCTION FOR OBSOLETE MAIN REMOVAL. It is the intention of the City and PSE that PSE records of the obsolete mains shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow identification of the PSE Work to be performed on behalf of, and billed to PSE . Pacific Highway South HOV Lanes Phase IV Page 1 November 2009 III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the performance of the PSE Work. 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. PSE grants to the City Public Works Director and/or his or her designee authority to perform the PSE Work in accordance with the provisions of this Agreement. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work, which changes shall be made, if feasible. The City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approval of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for all costs incurred by the City, directly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. IV. PAYMENT. A. PSE shall reimburse the City for all costs incurred by the City in performing the PSE Work, which costs shall include but are not limited to the PSE Work performed by the Project contractor(s), all PSE requested changes, and PSE's cost of the City services described in Paragraph III (a) herein, all as more particularly described in Exhibit A. B. All payments shall be due from PSE to the City within thirty (30) days after approval by the PSE's Municipal Liaison Manager or his/her designee of said sums billed to PSE. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold PSE, its 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. PSE 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 PSE, its agents or employees, or by PSE'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. VI. DURATION. This agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and PSE. Pacific Highway South HOV Lanes Phase IV Page 2 November 2009 VII. OTHER PROVISIONS. A. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. B. This Agreement contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. C. 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. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree thatthe work, as set forth herein, will be performed by the City under the terms of this Agreement. IN W ITNESS WHEREOF the Parties hereto have hereunto settheir hands and seals the day and year first above written. CITY OF FEDERAL WAY Brian Wilson ity Manager/��lu(,!„� 33325 8th A enue South PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2401 PU ET SOUND ENERGY . Doug C in, Municipal Liaison Manager 6905 South 228th Street SKC-SVC Kent, WA 98032 (253) 395-6867 APPROVED AS TO FORM: t• r < �� l �� ,,.. � �_ �� �� Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, CMC, ity Cler Pacific Highway South HOV Lanes Phase IV Page 3 November 2009 Exhibit A Estimated Costs Pacific Highway South HOV Lanes Phase IV ESTIMATED CONSTRUCTION, PROJECT ADM/NISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGYGAS OBSOLETE UTILITY REMOVAL AND VALVE COVER ADJUSTMENTS Estimated Design Cost (KPG, Inc.) $2,600.00 Construction Item Mobilization Traffic Control Supervisor Flaggers and Spotters Other Temporary Traffic Control Sequential Arrow Sign Remove Gas Main Adjust Gas Utiliry Valve to Grade Gravel Borrow CSBC Temporary Pavement Construction Subtotal Quantity 2% 30 30 3% 30 3840 15 260 0 0 Unit % HR HR LS HR LF EA CY TN TN Unit Price Total $750,000.00 $15,000.00 $60.00 $1,800.00 $48.00 $1,440.00 $250,000.00 $7,500.00 $5.00 $150.00 $8.00 $30,720.00 $350.00 $5,250.00 $16.00 $4,160.00 $25.00 $0.00 $90.00 $0.00 10% Construction Contingency 12.5% Construction Management Estimated Construction Total Estimated Project Total (Design + Construction) 5% Project administration Project Total $66,020.00 $6,602.00 $8,252.50 $80,874.50 $83,474.50 $4,043.73 $87,518.23 NOTES **Mobilization =(Project Mob X(Gas Main Removal and Disposal Bid CosUProject Bid Cost - Mob)) **Other Temporary Traffic Control =(10 working days / 340 working days) ""Remove Gas Main includes excavation, removal and disposal of pipe and backfill with original trench backfill if approved. "*Gravel Borrow is required if Engineer determines that conditions make original trench backfill unsuitable or backfill does not meet compaction requirements. *`Gravel Borrow = 10% (0.67 CY X LF) "*Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder witl be used to calculate final cost of Puget Sound Energy's reimbursement to the City. K:\STREETS�PROJECTS�SR99 Phase IV�Utilities\PSE\Gas�,loint Construction Agreement PSE Gas.doc Pacific Highway South HOV Lanes Phase IV Page 4 November 2009