AG 15-139 RETURN TO: s,n EXT: lj�
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/S"1 r L►'.Je't"cJ /� /�
2. ORIGINATING STAFF PERSON: l /'� 1Yi4iY� H 1(Al�1 ExT: K 272 S 3. DATE REQ.BY: f*5f- P
4. TYPE OF DOCUMENT(CHECK ONE): Cp+'1St''15us.4vm e? dpryc,
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) by S/161 .4 w-e. LU'CC
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT d€o.dL1Ae.-
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACTAMENDMENT(AG#): • INTERLOCAL
❑ OTHER
5. PROJECT NAME: t Ave. 5 0.,* S 328 F-+• ir\--lerserAiDr, �I'Y1P�D�l€Vlrle✓1tS
6. NAME OF CONTRACTOR:- ; _,1nd}"EVn EI�G�l�
ADDRESS:
(.0
ADDRESS: SCA,41 2-2s S-t XJ er-vb, WA C SO3 TELEPHONE:
E-MAIL: FAx:
SIGNATURE NAME:-001.A3 C-Orbin TITLE:mUf p0 12taiSDri
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / /
8. TERM: COMMENCEMENT DATE:LTC fl ex. cuttio'1 COMPLETION DATE:LUDO \ COM2te-tC r
9. TOTAL COMPENSATION:$ CA -At be- paid (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
JitPROJECT MANAGER y� �'
5/(p tg'DIVISION MANAGER .,
5(7)(DEPUTY DIRECTOR 1 /
DIRECTOR 11*
❑ RISK MANAGEMENT IF APPLICABLE)
/7 XLAWDEPT 5/((�5f/2
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: t p• (- 1 S COUNCIL APPROVAL DATE: LO• lo•l rJ
12. CONTRACT SIGNATURE ROUTING 5// j �/lJ �� 11`
SENT TO VENDOR/CONTRACTOR DATE SENT: ,` DATE REC'D: 6 it 6
❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS
IN4.01.Lam/DATE SIG ED
LAW DEPT �jr�
CHIEF OF STAFF 4 ' �.c t ..
(y/a4 X SIGNATORYiAYOOR DIRECTOR) 15 !�► �„/�L�1/r
vra CITY CLERK // //,1♦�I/�/_93
l ASSIGNED AG# AG._ !r t '
SIGNED COPY RETURNED DATE SENT: (V-3D
RETURN ONE ORIGINAL
COMMENTS:
EXECUTE"2.."ORIGINALS
°'ReAurn-b (;hristine. roU-Iinot. She_ Lui,(,(! ser\d -to P5E- -cbr conset)Sus
o n c AY Q .Yru*:• V Lctic)v-1 -rG r)ccr Cuur -cry 1\our i nc\ Coun c i\ c,WiD\10,1 on (D•ttc•t5
* �iec V�o� pS- i `� Vf� l ‘--15 4d v.. 4(V` a9✓pet,vNe 1,1`J 1/15
After recording,return to:
Federal Way City Attorney's Office
33325 8th Avenue South
Federal Way,WA 98063-9718
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND PUGET SOUND ENERGY
FOR THE
1ST AVE S AT S 328TH ST INTERSECTION PROJECT
THIS AGREEMENT is made and entered into this y of NIA/Mt' ,2015,by and
between the City of Federal Way(hereinafter"City") and Puget Sound Energy(hereinafter"PSE"),
collectively referred to herein as the"Parties."
WHEREAS,the City proposes to proceed with the 1st Ave S at S 328th St Intersection Project
(hereinafter"Project");and
WHEREAS,PSE provides power 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
is required to relocate certain power facilities and to remove all abandoned facilities from within the
right-of-way;and
WHEREAS, PSE has requested the City's contractor for the 1st Ave S at S 328th St
Intersection Project remove PSE's abandoned conduits in three locations during the City's construction
project and PSE would reimburse the City for the associated costs; and
WHEREAS,PSE has requested the City's design consultant,KPG,Inc.,update the plans and
contract documents for the 1st Ave S at S 328th St Intersection Project to reflect the removal of PSE's
abandoned conduits in three locations and include a separate bid schedule for PSE work and PSE would
reimburse the City for the associated costs; and
WHEREAS,Chapter 39.34 RCW(Interlocal Cooperation Act)permits local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other entities to
provide services in a manner best serving the needs and development of their local communities;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, including letting a public works
construction contract for the removal of abandoned PSE conduits in connection with the Project,and
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providing construction management services in support thereof;
NOW,THEREFORE,it is hereby covenanted and agreed by and between the Parties hereto as
follows:
I. DESIGN.
PSE agrees that the City's design contractor, KPG, Inc., shall perform design work for the
Project as described in Exhibit A. PSE shall reimburse the City for the design work, reproducible
construction drawings, special contract provisions, and other necessary documents, which shall
sufficiently detail requirements for PSE Work to become a part of the plans and specifications for the
Project.
II. BIDDING AND CONSTRUCTION.
It is the intention of the City that PSE's work shall be incorporated into the Contract
Bid Documents for the Project in such manner as to allow,to the extent possible,identification of cost
allocations between the Parties.
B. Following opening of construction bids on the Project,PSE shall be furnished with the
bid responses submitted for PSE Work for PSE's approval.Within five working days of receiving the
bid prices,PSE shall notify the City in writing that PSE either approves or rejects their portion of the bid
award. Bid award shall be made to the lowest responsible bidder for the total Project subject to
applicable laws and regulations'. The City shall not proceed with PSE Work until the City has received
approval from PSE for its portion of the bid award; however, if no bids are received which, in the
estimation of PSE, are acceptable to PSE for PSE Work, PSE shall so immediately notify the City.
After notifying the City,PSE Work shall be deleted from the project contract and the City shall proceed
with its portion of the Project. This Interlocal Agreement shall terminate effective the date of PSE's
notice to the City of PSE's rejection of all bids. In the event that PSE Work is deleted from the project
contract,PSE will be responsible to complete the PSE work itself or with the contractor of its selection,
prior to the City's issuance of Notice to Proceed to the lowest responsible bidder for the City's project.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construction observation, and
clerical services necessary for the execution of the Project. 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 act on behalf of PSE sufficient to carry out 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 PSE Work and shall obtain City approval of such changes. City's approval
shall not be unreasonably withheld. The City shall notify PSE,in writing,of any changes required of
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, directly or indirectly, as a result of these or
any other changes required or requested by PSE.
Page 2
IV. PAYMENT.
A. PSE shall reimburse the City for all costs incurred by the City in performing PSE Work,
which costs shall include but are not limited to 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,and as
described in Exhibit B.
B. All payments shall be due from PSE to the City within thirty(30)days after receipt 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 become effective immediately upon execution by both parties. This
Agreement shall continue in force until either(1)PSE rejects all bids or(2)the City Council accepts the
completion of the project,whichever is earlier.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the roadway,
storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related
thereto.
B. 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 fmal invoice to
PSE for any final payment due.
Page 3
C. This Agreement contains the entire written agreement of the Parties and supersedes all
prior discussion. This Agreement may be amended only in writing, signed by both Parties.
D. 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 that the
work,as set forth herein,will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year first above written.
CITY 400 - EDERAL WAY PUGET SOUND ENERGY
Y
T; 'erre ,Mayor Doug C6�'bin,Municipal Liaison Manage/r /
33325 8th Avenue South 6905 South 228th Street
Federal Way,WA 98003-6325 SKR-SVC
Kent,WA 98032
APPROVED AS TO FORM:
for Amy Jo Pearsall,City Attorney
ATTEST:
AROAt I/
St is Courtney,CMC,City rk
Page 4
f
EXHIBIT"A"
CONSULTANT DESIGN SERVICES SCOPE OF WORK
1ST AVENUE S AT S 328TH ST INTERSECTION IMPROVEMENTS
PSE CONDUIT REMOVALS
Page 5
•
EXHIBIT A
City of Federal Way
1st Avenue S at S 328th Street- Intersection Improvement
Scope of Work
Purpose
This supplement outlines the design services required to incorporate PSE conduit removal
into the project. PSE Power has finished their relocation design for the 1st Ave S at S
328th St Intersection Project. They have three areas on the east side of 1st Ave S where
they are proposing to construct a bypass conduit system to go around the identified
conflicts. After PSE has installed its new conduits and ran wires through the new conduits,
the sections of abandoned conduits that were in conflict must be removed. This removal
will be completed by the City's contractor. This supplement covers the additional design
services by KPG to incorporate this change into the plans, specifications, and estimate.
Work Element 1 Incorporate PSE Plans
1.1 Set up contract/administration
♦ Project set-up and execute supplemental agreement.
• Preparation of monthly progress reports and invoices.
1.2 Plans, Special Provisions, and Bid Schedule Preparation
♦ Modify engineering plans to show the PSE conduits for removal by the City's
contractor.
♦ Add a separate bid schedule to the project including the quantities and bid
items associated with the conduit removals and restoration that will be
reimbursed by PSE.
♦ Modify engineer's estimate to include the new bid schedule.
• Modify Special Provisions as needed to reflect the conduit removals by the
City's contractor.
City of Federal Way Page 1 of 1
1st Ave S at S 328th St
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EXHIBIT`B"
1ST AVENUE S AT S 328TH STREET INTERSECTION IMPROVEMENTS
ESTIMATED DESIGN, CONSTRUCTION,ADMINISTRATION,AND CONSTRUCTION
MANAGEMENT COSTS FOR INCLUDING PSE CONDUIT REMOVALS&RESTORATION
Estimated design costs for PSE work(KPG,Inc.) $ 3,496.16
TOTAL ESTIMATED DESIGN COSTS $ 3,496.16
Estimated construction costs(PSE Bid Schedule) $ - Estimated costs to be
Proportionate Mobilization Costs $ determined after bid
- opening
Proportionate Traffic Control Costs $ -
Sales Tax(9.5% of construction costs) $ -
Subtotal-Construction Costs $
Construction Contingency(10% of Construction Cost) $
Construction Management(15% of Construction Cost) $ -
TOTAL ESTIMATED CONSTRUCTION COSTS $ -
Estimated Design+Construction Costs $ Estimated costs
to be determined
Project Administration(5%) $ - after bid opening
TOTAL ESTIMATED PROJECT COSTS $ -
Notes:
(1) Actual costs incurred will be used to calculate final cost of PSE's reimbursement to the
City.
(2) Proportionate costs (e.g. Mobilization & Traffic Control) will be billed to PSE on a
proportionate basis based on the PSE actual bid schedule costs as compared to total
actual construction costs for all bid schedules.
Page 6