AG 20-031 - PSE RETURN TO: PW ADMIN EXT: 2700 ID#: 3(o9
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT/DIv: PUBi IC WORKS/ Capital Projects
ORIGINATING STAFF PERSON: Sarah ! lamel EXT: 2720 3. DATE REQ.BY: 10/11/19
i, TYPE OF DOCUMENT(CHECK ONE):
❑ 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#): X INTERLOCAL
❑ OTHER
4. PROJECT NAME: joint Construction Agreement L,V 6y- = Lit i'�1�
i. NAME OF CONTRACTOR: PSE 10�'
ADDRESS: Q]�ITlpiC &e 1411 TELEPHONE:25 3-380-6903
E-MAIL: 6522 Kitsap Wax _ FAX:
SIGNATURE NAME: Bremerton, WA 98312 TITLE: Manager
i. 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. /_/_
�. TERM: COMMENCEMENT DATE: 10/15/19 COMPLETION DATE: 12/31/2022
i. TOTAL COMPENSATION:$ 381,080.60 reimbursed (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
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: d12520-24110 &Z c12520-24110
�. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REYTOM INITIAL/DATE APPROVED
❑ PROJECT MANAGER
X DIVISION MANAGER 10/7/19
X DEPUTY DIRECTOR
l DIRECTOR ' d `1
❑ RISK MANAGEMENT (IF APPLICABLE)
LAW DEPT l
0. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: y1 nh �.t, I I COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: �` J 1 1 COUNCILAPPROVALDATE: \2 / 3 J I 1
1. CONTACT
SENT TO VENDOR/CONTRACTOR DATE SENT: Lj /lq DATE REC'D: 1 0 m
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHMTTS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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.)
INITIA /DATE SIGNED
INANCE DEPARTMENT
LAW DEPT 1 3 t Zotrr
rr� IGNATORY(MAS YOR OR DeRE(,7oR)
Y11CTTY CLERK
ASSIGNED AG# A b 1
ElSIGNED COPY RETURNED D SENT:
❑RETURN ONE ORIGINAL
'OMMENTS:
,XECUM" "ORIGINAL
Routing concurrently with PSE. PSE Project name tbd. _ l 1pdatA k% Al
1/701R K-\('APITAT PRA(.PFFAAFMTC\PU ITTRTTV A(.RFFMFNT\A(:RFFAAFNT\PW PCWT MG Ff)R AA 19VIMPTW
JOINT CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND PUGET SOUND ENERGY
FOR THE
Restoration associated with PSE's Pete von Reichbauer Way S Gas Main
Replacement
(S 316th St. to S 319th (vic.))
THIS AGREEMENT is made and entered into this 3 day of �069-UPIVy 202-P 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 2020 Asphalt Overlay Project, and
WHEREAS, in connection with the Pete von Reichbauer Way S Gas Main Replacement
Project being undertaken by PSE (hereinafter "PSE Project'), PSE will be required to complete
restoration throughout its project limits; and
WHEREAS, the City will be completing an overlay and associated restoration on Pete von
Reichbauer Way S 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 and additional restoration,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:
I. 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 its 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, 2020.
li. 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 2020 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.
Restoration Agreement-Pete von Reichbauer Way S Page 1 November 2019
Ill. 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 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 Ill (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
Restoration Agreement-Pete von Reichbauer Way 5 Page 2 November 2019
may be extended for additional periods of time upon mutual written agreement of the City and PSE.
V11. 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 thatthe
work, as set forth herein,will be performed by the City under the terms of this Agreement.
Restoration Agreement-Pete von Reichbauer Way S Page 3 November2019
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and
year first above written.
CITY-0F FEDERAL WAY PU T SOUND ENERGY
z00 �a v
Lady Angel-Wilson, Sr. Contract Administrator
,JVFqFKe1l, Mayor Andy Markos
325 8th Avenue South Manager,Municipal Relations
Federal Way, WA 98063-6325 3130 S. 38'h St.
(253)835-2401 TAC-01
Tacoma, WA 98409
(253) 380-6903
APPROVED AS TO FORM: APPROVED AS TO FORM:
>"'— /�4�'4 Ar
ity Attorney snU� � l � l Puget Sound Energy General Counsel
ATTEST:
'Jtep a iejurtney, dtyClJrk
Restoration Agreement-Pete von Reichbauer Way S Page 4 November 2019
Exhibit A
Estimated Costs
Asphalt Overlay for the Pete von Reichbauer Way S Gas Main Replacement
(S 316th St. to S 319th (vic.))
ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION
MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS ASPHALT OVERLAY
IN THE CITY'S 2020 ASPHALT OVERLAY PROJECT
Pete van Reichbauer Way S Gas Main Replacement(S 316th St.to 5 319th(vic.))
Item No. Item Description Approx.Qty Unit Unit Price Total Bid
1 Mobilization 1 LS $31,108.62 $31,108.62
2 Flaggers 450 HR $62.00 $27,900.00
3 Other Traffic Control Labor 100 HR $75.00 $7,500.00
4 Off Duty Uniformed Police Officer 1 FA $7,200.00 $7,200.00
5 Portable Changeable Message Sign 32 DAY $100.00 $3,200.00
6 Roadside Cleanup 1 FA $3,000.00 $3,000.00
7 Asphalt Conc.Pavement Sawcutting 30 LF $4.00 $120.00
8 Cement Conc.Sawcutting 175 LF $5.00 $875.00
9 Roadway Excavation Incl.,Haul 105 Cy $40.00 $4,200.00
10 Planing Bituminous Pavement 5,300 SY $4.50 $23,850.00
11 HMA Class 1/2"PG 58H-22 _ 825 TN $90.00 $74,250.00
12 HMA Class 1/2"PG 58H-22 for Pavement Repair&Roadway Widening 105 TN $140.00 $14,700.00
13 Utility Adjustment 5 EA $1,000.00 55,000.00
14 Sod Lawn,Incl.4 In Topsoil 30 SY $70.00 $2,100.00
15 Raised Pavement Marker,Type 2 3 HUND S500.001 $1,500.00
16 Hydrant Marker,Type 28 4 EA $20.00 $80.00
17 Adjust Monument Case&Cover 3 EA $500.00 $1,500.00
18 Cement Conc.Curb Ramp Type 1 Parallel 10 EA $7,000.001 $70,000.00
19 Detection Loops 8 EA S930,001 $7,440.00
20 Plastic Traffic Arrow 6 EA $150.00 $900.00
21 Painted Bike Symbol 6 EA $160.00 $960.00
22 Painted Line _ 2,875 LF $0.50 $1,437.50
23 Painted Edge Line
412 LF $0.50 5206.00
24 Painted Wide Line 240 LF $1.00 $240.00
25 Plastic Crosswalk Line 135 LF $6.001 $810.00
26 Plastic Stop Line 27 LF I S10.0ol $270.00
Subtotal= $290,347.12
Design= $29,034.71
Engineer(Construction Management)= $43;552.07
Project Total(Design+Construction)= $362,933.90
5%Project Administration= $18,146.70
Project TOTAL= $381,080.60
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 Energy's reimbursement to the City.
Restoration Agreement-Pete von Reichbauer Way S Page 5 November 2019
Sarah Hamel
From: Leek, Sandy <sandy.leek@pse.com>
Sent: Tuesday, November 19, 2019 10:00 AM
To: Sarah Hamel
Cc: John Cole; Desiree Winkler
Subject: RE: Pete Von Reichbauer ADA ramps. - Overlay Agreement and estimate
Attachments: PSE Signed Peter von Reichbauer Join Construction Agreement.pdf
Hi Sarah,
If the attached document (complete with e-signature) is acceptable to Federal Way,we can work together to finalize
specific dates/signatures for the City. If you need "hard-copy signatures," I will work with PSE's contracts group
to get two signed copies (PSE deems the e-signature acceptable for this agreement). Let me know how you'd like to
proceed—Thanks.
Sandy
Senior Municipal Liaison Manager
Mobile: (253) 381-7313
Email: sand, .leel se.corn.
From: Leek,Sandy<sandy.leek@pse.com>
Sent:Tuesday, November 12,2019 3:45 PM
To:Sarah Hamel<Sarah.Hamel@cityoffederalway.com>
Cc:John Cole<John.Cole@cityoffederalway.com>; Desiree Winkler<Desiree.Winkler@cityoffederalway.com>
Subject: Re: Pete Von Reichbauer ADA ramps.-Overlay Agreement and estimate
I love it when a plan comes together!
I will get the docs tomorrow, and expect quick turn-around on this side. Thanks again for the
support/coordination on this effort!
Sandy Leek
Sr. Municipal Liaison Manager
Mobile: 253-381-7313
Email: sandv.leek@,pse.com
pse.com
On Nov 12, 2019, at 2:53 PM, Sarah Hamel<Sarah.Hamel@u,eityoffederalway.coI>wrote:
CAUTION:This email originated from outside of the organization. Exercise extra caution when
responding, opening attachments, and clicking links.
Great! I am glad we worked through this. I will have 2 copies printed for you at our permit counter
tomorrow to pick up.
We will get this on the 12/2 and 1/7 calendar for council meetings.
If you can get Andy to sign and return to us,then after the 1/7/20 meeting we can have the Mayor sign
and be done with this.
Thanks,
1