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AG 17-031RETURN TO: PW ADMIN EXT: 2700 ID# 30�$ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / s eets 2. ORIGINATING STAFF PERSON: D ivee, W 1 Y l K.1.E 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 eCONTRAC-T�AMEND NT G #): KOTHER c ) �� ' ( A y(') 5. PROJECT NAME: Q `.k- O1€-Ark 6. NAME OF CONTRACT` ADDRESS: aZD E -MAIL: SIGNATURE NAME: EXT: G I I 3. DATE REQ. BY: AMP ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL Q RP MS? vut- eu)360‘tvi C(1 Yfeyo(c(t =t. (Victit TELEPHONE' 7 3 FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES COMPENSATION ❑ INSURANCE REQU MENTS /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: 1/l &100 COMPLETION DATE: q-1 f ill 9. TOTAL COMPENSATION: $ IA C ( Ilig g 6 y Z( u ¶ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY oo CHAR ATTACH SCHEbULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IS SALES TAX OWED: ❑ YES ❑ NO ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ISION MANAGER PUTY DIRECTOR IRECTOR SK MANAGEMENT (IF APPLICABLE) AW DEPT IF YES, MAXIMUM DOLLAR AMOUNT: $ IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONT CT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS CREATED ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF W NECESSARY) INITIAL / DATE REVIEWED COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: ,LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ,ASSIGNED AG # SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS' EXECUTE " . " ORIGINALS 2/17 CITY OF 44A, Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835-7000 www cityoffederalway com AMENDMENT NO. 1 TO Joint Construction Agreement FOR Asphalt Overlay SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S) AG #17 -031 This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Puget Sound Energy, a "Washington corporation" ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Joint Construction Agreement for the Asphalt Overlay SW 330th Street Gas Main Replacement (6th Ave SW to 1St Ave S) ( "Agreement ") dated March 3, 2017 as follows: 1. AMENDED PAYMENT. In Section IV.A., the reference to "Exhibit A" shall be replaced with "Exhibit A- 1." Exhibit A is replaced with attached Exhibit A -1 and incorporated into the Agreement by this reference. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 7 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT 1 (AG #17 -031) [Signature page follows] - 1 - 2/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: PUGET SOUND ENER Y: DATE: 3/2471/1.7 APPROVED AS TO FORM: Poe J. Ryan Call, City Attorney ATTEST: ourtney, C C, City Clerk AMENDMENT 1 (AG #17-031) Andy Mar • s Manager, Municipal Relations Puget Sound Energy, Inc. 3130 South 38`x' Street Tacoma, WA 98335 253.380.6903 2 2/2017 CITY OF ,..., Federal Way EXHIBIT A -1 UPDATED ESTIMATED COSTS CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cilyoffederatwaycom The following are the updated estimated construction, project administration, and construction management costs for including Puget Sound Energy Asphalt Overlay in the City's 2017 Asphalt Overlay Project. Schedulg PSE - SW 330th Street from 7th CT SW to 1st Ave S (PSE) Item No. Item Description Approx. Unit Unit Price ! Total Bid 1 Mobilization 1 LS $50,000.00 $50,000.00 2 Traffic Control Labor 450 HR $50.00 $22,500.00 3 Other Traffic Control Labor _ 50 HR $50.00 $2,500.00 4 Off Duty Uniformed Police Officer 48 HR $67.00 $3,216.00 5 Asphalt /Cement Concrete Sawcutting 700 LF $0.01 $7.00 6 Planing Bituminous Pavement 8095 SY $3.00 $24,285.00 7 HMA Class 1/2" PG 64 -22 1170 TN $75.00 $87,750.00 8 HMA Class 1/2" PG 64 -22 for Traffic Circle Apron 32 TN $100.00 $3,200.00 9 Raised Crosswalk, Complete 1 EA $3,750.00 $3,750.00 10 Removal and Replacement of Pedestrian Refuge I. 1 LS $6,510.00 $6,510.00 11 Removal and Replacement of Concrete Sidewalk 20 SY $156.75 $3,135.00 12 Raised Pavement Marker, Type 2 I. 3.7 HUND $450.00 $1,665.00 13 Hydrant Marker, Type 2B 4 EA $20.00 $80.00 14 Profiled Plastic Line 6960 LF $1.50 $10,440.00 15 Plastic Edge Line 408 LF $1.50 $612.00 16 Profiled Plastic Wide Line 97 LF $4.50 $436.50 17 Plastic Crosswalk Line 400 LF $4.50 $1,800.00 18 Plastic Stop Line 24 LF $6.50 $156.00 19 Plastic Dotted Extended Line 224 LF $1.00 $224.00 20 Plastic Traffic Arrow 8 EA $125.00 $1,000.00 21 Plastic Yield Line 32 EA $75.00 $2,400.00 22 Asphalt Apron Painting 841 SF $2.50 $2,102.50 23 Sod Incl. 4" Topsoil 12 SY $50.00 $600.00 24 Portable Changeable Message Sign 16 DAY $75.00 $1,200.00 Engineer Project Total Subtotal =. $229,569.00 Design = $18,146.67 (Construction Management) = $27,220.00 (Design + Construction) = $274,935.67 5% Project Administration = $13,746.78 Project TOTAL = $288,682.45 NOTE: * *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 Energys reimbursement to the City. AMENDMENT 1 (AG #17 -031) - 3 - 2/2017 RETURN TO: PW ADMIN EXT: 2700 ID # CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /64 1� <''e 2. ORIGINATING STAFF PERSON:: 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 �(.A� G' #): ,OTHER U0111\-- //,(/.�C'a .Chill 5. PROJECT NAME: c� y �J 330114- 4- 1711 ExT: t1 3. DATE REQ. BY: /40 ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL ner_rvvalt- r ♦ � l �� .. l 6. NAME OF CONTRAC TOR: ADDRESS: E -MAIL: SIGNATURE NAME: vitzd n 'Ref IA ittilv-pcyczt„i +0 AAA-AN/GC TELEPHONE: i JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE Asphalt Overlay for the SW 330th Street Gas Main Replacement (6th Avenue SW TO 1st Avenue S) THIS AGREEMENT is made and entered into this /'1 day of , 2017, 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 2017 Asphalt Overlay Project; and WHEREAS, in connection with the SW 330th Street Gas Main Replacement Project being undertaken by PSE (hereinafter "PSE Project "), PSE will be required to complete a full -width asphalt overlay throughout its project limits; and WHEREAS, the City will be completing an overlay on 10th Avenue SW immediately adjacent to the PSE Project; 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 asphalt overlay, providing design and 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 REPLACEMENT, SELECT GAS MAIN REMOVAL, AND PERMANENT PATCHING. PSE agrees to perform predesign /design and construction work for the replacement of its facilities and removal of all abandoned gas main at all street crossings as required in their right -of -way permit. PSE shall provide the City all drawings necessary to acquire a right -of -way permit and abide by all right of way permit requirements. PSE shall complete all permanent pavement patching in accordance to the right of way permit no later than April 1, 2017. II. BIDDING AND CONSTRUCTION FOR PAVEMENT RESTORATION. It is the intention of the City and PSE that the full -width asphalt overlay shall be incorporated into the City's 2017 Asphalt Overlay Contract Bid Documents as a separate bid schedule for the PSE 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, Asphalt Overlay - SW 330th Street (6th Ave SW to 1St Ave S) Page 1 January 2017 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 and City requested changes as agreed upon per Section III(B) of this Agreement, 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 PSE receives invoice(s). 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 PSE Project and may be extended for additional periods of time upon mutual written agreement of the City and PSE. Asphalt Overlay - SW 330th Street (6th Ave SW to 1st Ave S) Page 2 January 2017 VII. OTHER PROVISIONS. A. Upon completion of the construction and City's acceptance of the PSE 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. Asphalt Overlay - SW 330th Street (6th Ave SW to 1st Ave S) Page 3 January 2017 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY errell, Mayor 33325 8th Avenue South Federal Way, WA 98063 -6325 (253) 835 -2401 APPROVED AS TO FORM: 7,A4d At 41 City Attorney, /Ka /k 4* tiavr ATTEST: urtney, ity - erk Asphalt Overlay - SW 330th Street (6th Ave SW to 1st Ave S) PUGET SOUND ERGY Andy Mar Manager, Municipal Relations Puget Sound Energy, Inc. 3130 South 38th Street Tacoma, WA 98335 (253) 380 -6903 Page 4 January 2017 Exhibit A Estimated Costs Asphalt Overlay for the SW 330th Street — Gas Main Replacement (6th Ave SW to 1st Avenue S) ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS ASPHALT OVERLAY IN THE CITY'S 2017 ASPHALT OVERLAY PROJECT Schedule PSE - SW 330th Street from 6th Ave SW to 1st Ave S (Full Width Estimate) Item No. Item Description Approx. Qty Unit Unit Price Total Bid 1 Mobilization 1 LS $16,496.97 $16,496.97 2 Traffic Control Labor 450 HR $50.00 $22,500.00 3 Other Traffic Control Labor 50 HR $50.00 $2,500.00 4 Off Duty Uniformed Police Officer 48 HR $67.00 $3,216.00 5 Asphalt /Cement Concrete Sawcutting 700 LF $0.85 $595.00 6 Planing Bituminous Pavement 7476 SY $3.95 $29,530.20 7 HMA Class 1/2" PG 64 -22 1078 TN $69.00 $74,382.00 8 HMA Class 1/2" PG 64 -22 for Traffic Circle Apron 32 TN $126.00 $4,032.00 9 Raised Crosswalk, Complete 1 EA $3,500.00 $3,500.00. 10 Pedestrian Refuge Island, Complete 1 LS $6,500.00 $6,500.00 11 Removal and Replacement of Concrete Sidewalk 20 SY $120.00 $2,400.00 12 Raised Pavement Marker, Type 2 2.5 HUND $500.00 $1,250.00 13 Hydrant Marker, Type 2B 4 EA $20.00 $80.00 14 Paint Line 5544 LF $0.75 $4,158.00 15 Plastic Wide Line 97 LF $5.00 $485.00 16 Plastic Crosswalk Line 400 LF $5.00 $2,000.00 17 Plastic Stop Line 24 LF $5.00 $120.00 18 Plastic Dotted Extended Line 224 LF $5.00 $1,120.00 19 Plastic Traffic Arrow 8 EA $100.00 $800.00 20 Plastic Yield Line 32 EA $80.00 $2,560.00 21 Asphalt Apron Painting 841 SF $1.50 $1,261.50 22 Sod Incl. 4" Topsoil 12 SY $65.00 $780.00 23 Portable Changeable Message Sign 16 DAY $75.00 $1,200.00 Engineer Project Subtotal = $181,466.67 Design = $18,146.67 (Construction Management) = $27,220.00 Total (Design + Construction) = $226,833.34 5% Project Administration = $11,341.67 Project TOTAL = $238,175.00 NOTE: *"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 Energys reim bursement to the City. Asphalt Overlay - SW 330th Street (6th Ave SW to 1st Ave S) Page 5 January 2017