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AG 16-077 RETURN TO PW ADMIN EXT: 2700 ID#: -1 0 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV: PUBLIC WORKS/STREETS ORIGINATING STAFF PERSON:JOHN MULKEY EXT:2722 3. DATE REQ.BY:ASAP TYPE OF DOCUMENT(CHECK ONE): Cl CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): 16-077 ❑ INTERLOCAL ❑ OTHER JOINT CONSTRUCTION]JAGREEMENT WITH PUGE,T SOUND ENERGY--AMENDMENT 1 4. PROJECT NAME: `d C /T w� • �/J�1.s�L l/ i. NAME OF CONTRACTOR:PUGET SOUND ENERGY ADDRESS:6522 KITSAP WAY KSP-SVC BREMERTON,WA98312 TELEPHONE(360)475-7020 E-MAIL: FAX: SIGNATURE NAME:THOMAS M.BROBST TITLE:MUNICIPAL LIAISON MGR 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# ,EXP. 12/31/19 UBI# ,EXP.05/31/19 '. TERM: COMMENCEMENT DATE:UPON EXECUTION COMPLETION DATE: �. TOTAL COMPENSATION:$28,249,53/$61.565.24 TOTAL (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: $ 0 IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO:306-4400-165-595-30-650(PSE WILL REIMBURSE CITY) �. DOCUMENT/CONTRACT REVIEW INITIAL 1 DATE REVIEWED INITIAL/DATE APPROVED `19-PROJECT MANAGER ❑ DIVISION MANAGER N DEPUTY DIRECTOR v l " `'(. 10 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE ,6_LAW DEPT 0. COUNCIL APPROVAL(IF APPLICABLE COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:___ 1. CONTRACT SIGNATURE ROUTING ��77 _�j Q ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: L ern[t4e� DATE REC'D: �� _1 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR l MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) IN IAL/DATE SIGNED ❑ FINANCE DEPARTMENT /LAW DEPT �� /SIGNATORY(MAYOR OR DIRECTOR) , -/CITY CLERK ❑ ASSIGNED AG# AG# �fl ❑ SIGNED COPY RETURNED DATE SENT: Q•11. q RETURN ONE ORIGINAL :OMMENTS: 'XECUTE"2 ORIGINALS. 4/2017 John Mulkey From: Airey, Jason <Jason.Airey@pse.com> Sent: Friday, December 06, 2019 12:38 PM To: John Mulkey; Helton, Glenn Cc: Sara Gilchrist Subject: RE: SR 99 Phase V - PSE Gas Joint Construction Agreement-Amendment 1 John, This type of cost amendment can be approved at my level from a PSE policy perspective. Is the second signature required by the City? Jason Airey Supervisor —King County Public Improvement Customer and System Projects I Puget Sound Energy Cell:206-348-9637 Jason.AireyftPSE:com From:John Mulkey<john.Muikey@cityoffederaiway.corn> Sent: Friday, December 06, 2019 11:25 AM To: Helton,Glenn<'Wi'=r n.Helton@pse.co;r,> Cc:Airey,Jason <Jason.Airey@pse.com>;Sara Gilchrist<Sar-a.Gilchrist@cityoffederatway.com> Subject: RE: SR 99 Phase V- PSE Gas Joint Construction Agreement-Amendment 1 CAUTION:This email originated from outside of the organization. Exercise extra caution when responding, opening attachments, and clicking links. Glenn, There was an "approved as to form" signature block for PSE general Counsel on this that needed to be signed and wasn't . Do you want us to send the signed ones back,or you print out new ones and have counsel and Jason sign? Let me know. Thanks John Mulkey, P.E. Senior Capital Engineer City of Federal Way Public Works Department 33325 8th Avenue S Federal Way,WA 98003-6325 Phone: 253-835-2722 Fax: 253-835-2709 From: Helton, Glenn [mailto:Glenn.Helton@pse.com] Sent: Thursday, December 05, 2019 9:54 AM To: John Mulkey AMENDMENT NO. 1 JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT (SOUTH 340TH STREET TO SOUTH 359TH STREET) The local agency of the City of Federal Way pursuant to Section VII. B of the Joint Construction Agreement desires to amend the agreement entered into with Puget Sound Energy, effective the 24th day of May,2016, identified as Agreement No. 16-077. All provisions in the Agreement remain in effect except as expressly modified by this amendment, "Amendment No. 1." The changes to the Agreement are described as follows: I Section II, General Scope of Worl , shall be amended to include those additional services more particularly described in Exhibit"A-1"attached hereto and incorporated by this reference(Additional Services). II Section IV, Payment, the maximum amount payable under this Amendment No. 1 inclusive of all fees and other costs is Twenty-Eight Thousand Two Hundred Forty-Nine and 53/100 Dollars ($28,249.53) for a total amount payable to the Contractor pursuant to the Agreement and this Amendment No. 1, inclusive of all fees and other cost to be an amount not to exceed Sixty-One Thousand Five Hundred Sixty-Five and 24/100 Dollars ($61,565.24). The attached Exhibit"A-1," which describes the payment for work to be performed under this Amendment No. 1, is hereby made a part of the Supplemental Agreement. Pacific Highway South HOV Lanes Phase V Page 1 November 2019 CITY F FEDERAL WAY PUGET SOUND ENERGY Ferrell, Mayor Jason Airey, 33325 8th Avenue South Supervis — rng County Public Improvement Federal Way, WA 98063-6325 Customer and Service Projects—PSE (253)835-2401 6905 S 228th Street Kent, WA 98032 (206)348-9637 APPROVED AS TO FORM: APPROVED AS TO FORM: fool J. Ryan Call, City Attorney Puget Sound Energy General Counsel ATTEST: p nie Courtney, City ty Pacific Highway South HOV Lanes Phase V Page 2 November 2019 Exhibit A-1 Final Costs Pacific Highway South HOV Lanes Phase V Pursuant to Section III of the agreement the City notified PSE of the conflict between existing gas main and planned storm drain that required pipe to be re-laid to avoid the gas. PSE gas agreed via email to costs for the work consistent this this amendment. Additionally there were lower quantities of PSE gas main removed and more gas valves adjusted than originally expected, which also reduced the quantity of gravel borrow used but increase the value of mobilization based on 30%of other items. FINAL CONSTRUCTION, PROJECTADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS OBSOLETE UTILITYREMOVAL AND VALVE COVER ADJUSTMENTS AND ADDITONAL COST FOR STORM RELOCATION DUE TO CONFLICT WITH EXISTING GAS MAIN Final Design Cost(KPG, Inc.) $2,945.34 Construction Item Quantity Unit Unit Price Total Mobilization, Traffic Control, TESC 1 LS $5,320.20 $7,395.30 Remove Gas Main 345 LF $7.00 $2,415.00 Adjust Gas Utility Valve to Grade 26 EA $750.00 $19,500.00 Gravel Borrow 152 TN $18.00 $2,736.00 Bid Item Construction Subtotal $32,046.30 Cost for storm relocation due to gas conflict 1 FA $12,504.27 $12,504.27 Construction Subtotal $44,550.57 10% Construction Contingency $4,455.06 15% Construction Management $6,682.59 Construction Total $55,688.22 Project Total (Design+Construction) $58,638.56 5% Project administration $2,931.68 Project Total $61,565.24 AMENDMENT TOTAL $28.249.53 NOTES *"Mobilization,Traffic Control,TESC is estimated at 30%of other items. Pacific Highway South HOV Lanes Phase V Page 3 November 2019 Exhibit A-1 Final Costs Pacific Highway South HOV Lanes Phase V K:\STREETS\PROJECTS\SR99 Phase V\UVIi0es\PSE-GASWoint Construction Agreement PSE Gas-22216.doc Pacific Highway South HOV Lanes Phase V Page 4 November 2019 � a5 G 5 E c 5 21 U LL N .6 u L u '0 8 E E d c Z 2 Y q u° u }} 3 $ tl a cif u LL a88$ tv L: L: E E iE t 12 2 E E c L - _ i _ I - i I _ I I I � =I LL 10 f ; �, I , F _ u LL I I y� II I I ISI oma N Y Y o m E E - > > 5 EYE Fs I v IT 1 i 3 s, r, 88&ass$8$ 2 R z4 Z3 tj j LF L IM 41, 71- o I L; L d I I E E 7 1 �.j 7j 8 $8 E 8 8 a 8 8 8 8 r � 88BasEaSBaEss eas k� N !!l n Y " c o Z u � j I I , .a n $$888 a 19 >� zt v� m$ d I I �+ O d d e m E E 'c c 2 2 u m v c s u 44 4;9 a � G FA# Date Description Amount 195 8/4/2017 Relay pipe due to gas conflict $3,778.26 198 8/7/2017 Relay pipe due to gas conflict $5,190.92 Day of Extended over head TRO per day per CO 14 rate $3,535.09 $12,504.27 -- Field Work Directive FWD 83 Pacific Highway S HOV Lanes Phase Contract Name: V PW: AG-16-115 Contractor: Graham Contracting KPG#: 16044 16-inch DI Storm Pipe CB237 to SuNect: CB240 (STA 48+55—49+79) Date: 6/07/2017 Scope: The contractor potholed at approximately STA 48+62, 61' RT for the proposed storm pipe run between CB 237 and CB 240. The pothole revealed that there were 4"conduits(gas and communications)in conflict with the proposed 18"storm pipe. To provide separation and avoid the conflicts,the storm pipe slope had to be increased and the storm pipe size reduced from 18"RCP to 16"Ductile Iron. See attachment for revisions - Replace the 18" RCP storm pipe between CB 237&CB 240 with 16" Ductile Iron. Lower the proposed invert elevation at CB 237 from 252.59 to 251.03. This will increase the pipe slope from 3.12%to 4.38°/x. Raise the proposed invert elevation at CB 236 from 250.00 to 250.02. In conjunction with the lowering of the I.E. at CB 237,this will decrease the pipe slope from 2.57%to 1.00%. Remove the newly installed proposed storm pipe between CB 236&CB 237(- 101 LF)and relay the storm pipe per the attached sketch. Measurement and Payment: Measurement and payment for relaying the newly installed proposed pipe between CB 236 &CB 237 will be tracked via Force Account(Time). - A209 Unexpected Site Changes (101 LF) Measurement and payment for installing 16" D.I. storm pipe shall be paid under bid item A70 and the contractor will be compensated for the difference in material cost between 18" RCP and 16 Ductile Iron. - A70 Class IV Reinf. Conc. Storm Sewer Pipe 18 In. Diam (124 LF) Attachment(s): Sheet 153 marked sketch 290 7D mft'�'37.'$w:ey noxlb .rLn.�i. �' 41, I awi•e:+Mnr 170 JA 270 rn6 mwr.c.mwa avvyso 4 Z. uo wxs 5 250 r .zV x50 r �I 250 --�i7xi I tw 7Y1 `!•.... .r� � " x10 x70 (e!7 rvd I!� {7JI ..,00 -a-to ad+.!,y� ."f4"f16..;,� 1'r SD100 51100 W-W 77 PF5F0.8 :V;*/-19 .oa wlxy w ' mo `_�..�--. TA�i wx 5 e f Els-1 W- H i r "rvi fa 51 �y F�ti Mblrn�:�'ii`.r,r 2} I I I Cyi ll+ 40RNE"DYlfi5HMB • � I q �x70 r '{J�7lii. L ±i 91.1(YKI w;.11 a 210.7.M .0.00F:.:•l,n'} 11400 50,00 l�ipp y: aeea PRMILE w !tl7 Tr•!Z� '�� iti A t W � IM G I f y...,:. ..,. NIEN7 3 6krca_4.. PFI.. cr. +ims -_ •, „�R„".FlIc B I�HINA SOUTH ` •�, l � W 5 1Uav HASF V impR.OVEMEM ;rt ,s FA No.: 195 DAILY REPORT OF 3F 1P' FORCE ACCOUNT WORKED SEATTLE -TACOMA Project Name: PAC HWY HOV PH5 Project No: STPUL-0099(126) Item No.: A209 Unexpected Site Changes Date: 8/4/2017 Graham had to re-lay the 18"RCP between CB 236 to CB 237 due to a utility conflict with the existing ga. Description of Work: at STA 48+55rt.Removal and resetting of pipe due to revisions of slope of the 18"RCP pipe. Work by Subcontractor?: n0 (yes/no) Prime Contractor: Graham Contracting Ltd Sub-Contractor: 0 PRIME LABOR STRAIGHT TIME OVERTIME DOLLAR NAME OCCUPATION HOURS WWR HOURS WWR AMOUNT LES LUTTON EXCAVATOR OPERATOR 15-30 8 $ 69.11 2.5 $ 89.49 $ 776.61 TRAVIS BREWER PIPE LAYER 8 $ 65.61 1 $ 64.46 $ 609.34 ROMEO CATAGUE GENERAL LABORER B $ 54.82 1 $ 72.59 $ 511.15 $ $ $ $ $ $ SUBTOTAL-LABOR: $ 1,897.10 LABOR OVERHEAD&PROFIT @ 29% $ 550.16 LABOR TOTAL $ 2,447.26 PRIME EQUIPMENT HOURS HOURS ADJUSTED STANDBY DOLLAR EQUIPMENT OR ATTACHMENTS WORKING STANDBY RATE RATE AMOUNT Excavator-JD135G 8 $ 9649 $ 29.65 $ 771.92 Pickup-2500 B $ 21.55 $ 2.63 $ 172.40 $ $ $ SUBTOTAL-EQUIPMENT $ 944.32 EQUIPMENT OVERHEAD&PROFIT @ 21% 198.31 EQUIPMENT TOTAL $ 1,142.63 MATERIALS MATERIALS QUANTITY UNIT PRICE DOLLARAMOUNT Oldcastle 18"RCP 8 LF $ 19.46 $ 155.68 Quantities as measured in the field SUBTOTAL-MATERIALS $ 155.68 MATERIALS OVERHEAD&PROFIT @ 21% $ 32.69 MATERIALS TOTAL $ 188.37 Verification of Hours Worked: Contractor's Representative Date SHEET TOTAL: $ 3,778.26 Owner's Representative Date Pay Estimate Entered: Date: By: 09 9 (A M co x -To- m m m I. Z; vp to fA vp 0 9 R, �a (5 w 0 6 9) 0 U) 8ma5m MEmom m5mmuoOq ;a w M ;o �u 9 ;D M w ;a ;a v) C: 09 U) 3) 0 0 'D m z z 2 m ro li--u q 0, m x 0 — rn 0 03 0 m > Dm F7 a viv W cia IN-W-,W in Ef) Ea W) ff1 69 —v) vi-E�q w cn cn EN va FA W 75-'a W W W.:Ni Wi 0 6.) R O v iv FA No.: 198 DAILY REPORT OF FORCE ACCOUNT WORKED Sh_, F_,a-d: TACOMA Project Name: PAC HWY HOV PH5 Project No: STPUL-0099(126) Item No.: A209 Unexpected Site Changes Date: 8/7/2017 Description of Work: Graham continued and finished the re-laying of the 18"RCP between CB 236 to CB 237 due to a utility conflict with the existing gas at STA 48+55rt.Removal and resetting of pipe due to revisions of slope of the 18"RCP pipe. Work by Subcontractor?:YES (yes/no) Prime Contractor: Graham Contracting Ltd Sub-Contractor: ProVac PRIME LABOR STRAIGHTTIME OVERTIME DOLLAR NAME OCCUPATION HOURS WWR HOURS WWR AMOUNT LES LUTTON EXCAVATOR OPERATOR 15-30 7 $ 69.11 $ 8949 $ 483.77 TRAVIS BREWER PIPE LAYER 7 $ 65.61 $ 8446 $ 459.27 ROMEO CATAGUE GENERALLABORER 7 $ 54.82]� 72,59 $ 383,74 PATRICK JOHNSON OPERATOR 80%APPR. 0.5 $ 59351 $ 7546 $ 29.68 $ $ 1 i$ $ $ $ $ 1$ I$ SUBTOTAL-LABOR: S 1.356.46 LABOR OVERHEAD&PROFIT @ 29% $ 393.37 LABOR TOTAL $ 1,749.83 PRIME EQUIPMENT HOURS HOURS ADJUSTED STANDBY DOLLAR EQUIPMENT OR ATTACHMENTS WORKING STANDBY RATE RATE AMOUNT Pickup-2500 7 S 2155 $ 2.63 $ 150.85 Excavator-JD135G 7 $ 9649 $ 29.65 $ 675.43 Sweeper-Laymor BC 0.5 $ 44.50 $ $ 22,25 .................. $ Is $ $ Is Is SUBTOTAL-EQUIPMENT $ 848.53 EQUIPMENT OVERHEAD&PROFIT @ 21% 178.1913 EQUIPMENT TOTAL $ 1,026.72 MATERIALS MATERIALS QUANTITY I UNIT PRI= DOLLAR AMOUNT Oldcastle 18"RCP B I LF $ 19,46 $ 15568 Quantities as measured in the field SUBTOTAL-MATERIALS $ 155.68 MATERIALS OVERHEAD&PROFIT @ 21% $ 32,69 MATERIALS TOTAL $ 188.37 SUBCONTRACTOR SUBCONTRACTOR Invoice QUANTITY I UNIT PRICE DOLLAR AMOUNT Provac Invoice 70802-030 75 HR Is 205.00 1$ 1,537.50 Provac Dump 70802-030 2 EA $ 225.00 1$ 450.00 Quantities as measured in the field SUBTOTAL-SUBCONTRACTOR $ 1,987.50 SUBCONTRACTOR MARKUP @ 12% $ 230.50 SUBCONTRACTOR TOTAL $ 2,226.00 Verification of Hours Worked: Contractors Reprssentelive Date SHEETTOTAL: $ 5,190.92 Owner's Representative Date Pay Estimate Entered: Date: By: m m V 3 0o �n° omomo �nornoimornomomom C Aaoa � aoaoac� aoau� ac� aoa �, � C o go rlt c c O wV► air ;,�...rnin c+s6iw dr.w www eerwfir -.w iziof drfRFANfA w O 0 � 08 � 0 00 ZIn o m O O • To i m i f N a � � � a � � 8 � 8 � �In 0 mW co o i = � 1 � � _ a � � � cl)= � � o 0 p p p --— a to x v n° Z 3 o �o N � ,oma, Y} Gr) N N GA N N N fA q7 d`1 � 6N V1 Vr fA cif fH M N fli br fA bf fA f/l N NI dr f9 fq ffl N dr fP 0 a � 0 v gig 6622 112th St E Invoice Puyallup,WA 98373 Phone: (888) 565-5665 Invoice Number: 170804-030 Invoice Date: 8/10/2017 Page: 1 of 1 Bill To: 1994 Service 029176 Graham Contracting Location: Graham Cont/#W16-051 13555 SE 36th St Suite 120 726 S 356th St Bellevue, WA 98006 Federal Way, WA 98003 Work Order ID Complete Date PO Number Terms Ca ayslled In By 1��78G4-G30 iii;7 Q/'-'017 T ` —— � Net 30 D � ! y - �_ _— C7escri 8/7-8/10 Hydro Excavation - f Item ID Description UnitPrice Disc% Amount Services Perfarmed — -- 8.00 .' E'r ,:,_ r: r: - n r� x205 00 hr 205.00 1,640.00 1.00 all - ET . 'i @$205.00 per 11i 1,332.50 1,332.50 5.00 $18-ET -Tn-j(:- -i,:; 5 I:r_s(<;i 3205 00 por nr 205.00 1,02500 1.00 818 -ET -Truck W •r: iii i. 1,537.50 1,537.50 8.00 $:n - ET .8hrs` 1, ;;zr ;, 20500 1.64000 1 00 81!j F" - . OT . 1 rri .3 7 r:[; r:L�r i)r 235.00 235.00 1 00 8 ;) . }=r Tri.�cl: �:, . rrrS; '-2.17 `li l)er i r 1,53750 1,537.50 800 811!]-ET [; r;a•: ;: :235 ;_i r - 3 L ;:c'.r irr 205.00 1,640.00 Parts Z "*wSubTotal 10,587 50 --- 8.00 " 1 d @$225.00 ea ' - :,`._� s 225.00 1,800.00 32.61 Disposal-32.61 tons @$45 00 per ton 45.00 1.46745 SubTotal 3,26745 We now offer Emergency Spill Response Services! Please call Invoice Subtotal 888-565-5665 13,854.95 Sales Tax(10.00°/x) 0.00 Invoice Total 13,854.95 Payment Received 0.00 Balance Due 13,854.95 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG#16-115 14 March 19,2019 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE Pacific Hi h►va South HO's' Lanes Phase V (S340 1h Street to S 359"'Street) Graham Contracting-, Ltd. PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: This change addresses time related to bid item work issued per Field Work Directive (FWD) excluding force accounts. FWDs requiring force account work which affected critical path activities, based on Contractor's last approved Baseline Schedule, have been addressed with Change Orders #06 for Pay Estimates 1 thru 16 and CO #13 for Pay Estimates 17 through Project completion. This Change Order covers bid item time for all FWDs throughout the course of the Project (001 through 214 as currently issued). This Change Order is being issued in conjunction with Change Order#13. The Contractor is only entitled to additional Contract time to the extent such work affected the critical path as set forth in the approved Schedule. Analysis of FWD bid item activity yields 25.0 days to be added to Contract time as shown on the attached CO#14 FWD log_This time was compiled for all activities that were on the Project schedule's critical path as determined by predecessor/successor relationships for completed activities on the approved Schedule. While time for CO#13 force account work was based directly on hours submitted for each applicable FA log, bid item work time additions required analysis of each critical path activity to determine time required to complete based on industry standard practices.Time granted(or subtracted for FWDs reducing bid item quantities), was rounded up to the nearest quarter, half or full day increment. Complicated activities involving several work features and/or subcontractors were assessed multiple days. As Working Days are rounded up to the nearest half, the total added time per this Change Order is 25.0 days. As a result, the liquidated damages currently assessed will be reduced by 25.0 days upon execution of this Change Order by the Contractor. Prior to this change and with execution of Change Order#13,the performance period was 486.0 days (3 50 per contract+48.5 per C.O. #06 + 13.0 for CO #10 IUOE 302 Strike+74.5 for CO#13 Force Account Time).Including time per this Change Order,the adjusted Contract time upon execution of this Change Order by Contractor is 511.0 days (486.0+25.0). Additionally, time-dependent lump sum bid items are adjusted to add these associated working days and extend their total cost(or portions of their cost related to time for bid items that also include one-time startup costs)by a ratio of 25.0/350 as shown on the tabular breakdown below.Also,bid item A95 ESC Lead based on days will have 25.0 days added to its total as will a new bid item addressing Contractor's time-related overhead (TRO). The calculateddaily overhead rate is based on independent analysis of the Contractor's space, equipment, salaries and consumables which account for operating costs extended by added FWD time that are not attributed to payable quantities. See attached sheet detailing expenses arriving at the $3,535.09 figure applied for TRO. 1 BI# Description Bid Qty Unit Unit Price Bld Total 1_58 Payment Cost Added cost Est Initial Per Day Per WD For 25 days A10 Field Office 1 LS $50,000.00 $50,000.00 $20,000.00 $30,000.00 Bulldin $85.71 $2,142,86 Al2 Traffic Control 1 LS $200,000.00 $200,000.00 $0.00 $200,000.00 $571.43 $14,285,71 Supervisor A15 Other Temp 1 LS $100,000.00 $100,000.00 $10,000.00 $90,000.00 $257.14 $6,428.57 Traffic Control A95 ESC Lead 350 DAY $75.00 $26,250.00 N/A N/A $75.00 $1,875.00 C014-001 Time-related N/A DAY $3,535.09 N/A N/A N/A $3,535.09 $88,377.25 Overhead(TRO) The time provided for completion in the Contract is ❑ Unchanged ® Increased[ E] Decreased by 25.0 Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Unless Change Order#13 and Change Order #14 are fully executed without reservation by Contractor, this Change Order'is offered without waiver of the City's rights,positions, and defenses. Will this change affect expiration or extent of Insurance coverage? ❑Yes ® No If"Yes"Will the Policies Be Extended'? ❑Yes❑No TOTAL NET CONTRACT: INCREASE $ 113,109,39 DECREASE THE ITEMS ARE APPROXIMATE OR ESTIMATED (;Lf ANTITIES INVOLVED IN THIS CHANGE ITEM Existing I Change UNIT PRICE ADD or NO ITEM QTV uantity I Chane I DELETE. Chan a Item Total Lump Sum Additions A10 Field Office Building 1 0 $2,700.00 ADD $2.142.86 Al2 Traffic Control Supervisor 1 0 $18,000.00 ADD $14,285.71 Other Temporary traffic A15 Control 1 0 $8,100.00 ADD $6,428.57 Unit Quantity increases ITEM Existing Change NO ITEM QTY Quantity Unit Price A95 ESC Lead 350 25.0 $75.00 ADD $1,875.00 Extended Overhead per C0I4-001 TRO 0 25.0 $3,535.09 ADD $88,377.25 Add= $113,109.39 Delete= 0 Total Chane $113,109.39 2 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. The execution of this Change Order shall constitute full satisfaction and a waiver of any and all claims by the Contractor arising out of, or relating in any way to, the Work identified, to be performed, or deleted pursuant to Change Order except as specifically described in this Change Order. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT S 16,700,526.60 PREVIOUS CHANGE ORDERS $ 191150.74 THIS CHANGE ORDER $ 113,109.39 NEW CONTRACT AMOUNT S 17,006786.73 CONTRACTOR'S SIGNATURE DATE EJ OiLSH, P.E. DATE DIRECTOR PUBLIC WORKS DEPARTMENT 3 RETURN TO: Mercedes EXT: 2701 rD,0?'ZTVf CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE ❑ ❑ „cONTRACT AMENDMENT (AG #): ❑ ja' OTHER JOINT CONSTRUCTION AGREEMENT WITH PUGET SOUND ENERGY EXT: 2729 3. DATE REQ. BY: ASAP SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: SR 99 PHASE V HOV LANES (S 340TH ST TO S 359TH ST) 6. NAME OF CONTRACTOR: PUGET SOUND ENERGY ADDRESS: 6522 KITSAP WAY KSP -SVC, BREMERTON, WA 98312 TELEPHONE: (360) 475 -7020 E -MAIL: FAX: SIGNATURE NAME: THOMAS M. BROBST TITLE: MUNICIPAL LIAISON MGR 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. / / _ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE: 3 6/214/(0 COMPLETION DATE: UPON PROJECT ACCEPTANCE BY COUNCIL 9. TOTAL COMPENSATION: $ ✓i 31 ✓ t; • 1'I (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: 306 - 4400 - 165 - 595 -30 -650 (PSE WILL REIMBURSE CITY) 10. DOCU NT / CONTRACT REVIEW ROJECT MANAGER /Ct DIVISION MANAGER ❑ I}EPUTY DIRECTOR DIRECTOR ❑ R}SK MANAGEMENT (IF APPLICABLE) VL,AW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 14Gi_2 11l46 //G I l l ,, COMMITTEE APPROVAL DATE:4 li 1 1p COUNCIL APPROVAL DATE: 1/ 19' J ' /1 t17 12. CONTRACT SIGNATURE ROUTING ) GA�y�„ %e,' 1 X SENT TO VENDOR/CONTRACTOR DATE SENT: Vl.4'�!'L <{ Ise ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE XLAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # A SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: CERTIFICATE, LICENSES, EXHIBITS WIAL / DATE SIGNED ai1,6 DATE RECD: C2'01 r 1 1 1/15 JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT (SOUTH 340TH STREET TO SOUTH 359TH STREET) THIS AGREEMENT is made and entered into this• day of ,MQ%'_ _ , 2016, by and between the City of Federal Way (hereinafter "City ") and Puget Sound ne(gy (hereinafter "PSE "), collectively referred to herein as the "Parties ". WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase V Project (South 340th Street to 359TH Street) (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: I. GAS MAIN RELOCATION. PSE agrees to 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 20 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 and of a form which shall be acceptable to the City. Pacific Highway South HOV Lanes Phase V Page 1 February 2016 II. BIDDING AND CONSTRUCTION FOR OBSOLETE MAIN REMOVAL. It is the intention of the City and PSE that the PSE 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 by the City on behalf of PSE. 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 actual 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. Pacific Highway South HOV Lanes Phase V Page 2 February 2016 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. 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 project. 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 that the work, as set forth herein, will be performed by the City under the terms of this Agreement. Pacific Highway South HOV Lanes Phase V Page 3 February 2016 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY O FEDERAL WAY Jim ' - rell ayor 3 . . 8th Avenue South eral Way, WA 98063 -6325 (253) 835 -2401 APPROVED AS TO FORM: 'Pic Amy Jo Pearsall, City Attorney ATTEST: PUGET SOUND ENERGY Thomas M Brobst Municipal Liaison Manager Olympic Region 6522 Kitsap Way KSP -SVC Bremerton, WA 98312 (360) 475 -7020 APPROVED AS TO FO Puget I Counsel Pacific Highway South HOV Lanes Phase V Page 4 February 2016 Exhibit A Estimated Costs Pacific Highway South HOV Lanes Phase V ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS OBSOLETE UTILITY REMOVAL AND VALVE COVER ADJUSTMENTS Estimated Design Cost (KPG, Inc.) $2,911.49 Construction Item Mobilization, Traffic Control, TESC Remove Gas Main Adjust Gas Utility Valve to Grade Gravel Borrow Construction Subtotal 10% Construction Contingency 15% Construction Management Quantity Unit Unit Price Total 1 LS $5,320.20 $5,320.20 621 LF $10.00 $6,210.00 19 EA $400.00 $7,600.00 255 TN $18.00 $3,924.00 Estimated Construction Total Estimated Project Total (Design + Construction) 5% Project administration Project Total NOTES * *Mobilization, Traffic Control, TESC is estimated at 30% of other items. $23,054.20 $2,305.42 $3,458.13 $28,817.75 $31,729.24 $1,586.46 $33,315.71 * *Remove Gas Main includes excavation, removal and disposal of pipe and backfill with original trench backfill if approved. * *Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Puget Sound Energy's reimbursement to the City. K: \STREETS \PROJECTS \SR99 Phase V \Utilities \PSE- GAS \Joint Construction Agreement PSE Gas- 22216.doc Pacific Highway South HOV Lanes Phase V Page 5 February 2016