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AG 00-075 CITY OF FEI:3ERAI- WAY I-AW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/C)OCUMENT REVlEW/SII3NATURE ROUTINI3 SLIP 1 · ORIGINATING OEPT./I~IV.: [] MAINTENANCE/LABOR AGREEMENT (E.G., AI~IEEMENT & ~ ' OF BONO] ~ ~UBLIC WORK8 CONTRACT ~ CO~A~R ~ ~MALL PUBLIC WORKB CO~RACT (E.B., RFB, R;;, R~ (LEBB THAN SE~,OOO] ~ CO~RACT AMENDM~ ~ PURCHABE A~REBMBNT ~ EABEME~ ~ PAR~ERBHIP ~ CORPORATION ( ~ ' - B. TE~M~ COMMENCEMENT DATE~ COMP~ETION DATE~ B. TOTA~ COMPENSATION $ [INCLUDE EXPENBEB AND BA~E8 T~ IF lB SAREE T~ OWED? D YEB ~ NO IF YEB~ $ PAID BY: ~ CONT~ACTO~ D CI~ ~. SELECTION P~OCEBB UBED [CNECK ONE]: ~ ~E~EBT FOR BIDE ~ ~E~UEBT FOR ~O~B ~ ARCHI~CT ~ ENgiNEER UBT q ~. ~T~T ~I~T~E ~O~TI~ I~ITI~TE ~O~E~ '~91~N COPY .ACK TO OAI~INATINp O~. 'U PgRCHA~IN~I PLEASE CHARGE ~: I'~--DMMENTE FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 320TH STREET AND PACIFICI HIGHWAY SOUTH (SR-99) WIDING AND INTERSECTION IMPROVEMENT PROJECT This First Amendment ("Amendment") is dated effective this 14th day of July 2000, and is entered into by and between the City of Federal Way ("City"), and Lakehaven Utility District ("District"). A. The City and District entered into an Interlocal Agreement dated effective April 4, 2000. B. Paragraph VII (C) of the Agreement provided that the Agreement may only be amended by written agreement signed by both parties. C. The City and the District desire to amend the Agreement to expand the scope of work to be performed by the City and to increase the compensation paid to the City for the rendering of these additional services. NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: III. CONTRACT ADMINISTRATION Section B is deleted in its entirety. IV. PAYMENT Section A is replaced with the following: A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the district's cost of the City services described in Paragraph III (A) herein, prorated as described in Revised Exhibit A ORIGINAL FULL FORCE AND EFFECT. All other terms and conditions of the Agreement not modified by this Amendment 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 WITNES WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT iiii~ Da~t('z~ l° oG~'neral Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Interim City Attorney, Bob C. Sterbank General te Prltchett REVISED EXHIBIT "A" SOUTH 320Ta STREET AND PACIFIC HIGHWAY SOUTH (SR-99) WIDENING AND INTERSECTION IMPROVEMENT PROJECT ESTIMATED DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT COSTS FOR INC£ UDING LAKEHA VEN UTILITY DISTRICT ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (CH2M Hill) $8,229.00 ESTIMATED CONSTRUCTION COSTS Construction Cost per Schedule "B" of Construction Contract $147,903.00 Sales Tax ~ 8.6% of Construction Cost $12,719.66 SUBTOTAL Including Sales Tax $160,622.66 Construction Contingency (10% of total construction cost.) $ 16,062.27 Construction Administration (5% of total Construction cost.) $ 8,031.13 Construction Management (10% of total construction cost) $16,062.27 TOTAL ESTIMATED COST (Design & Construction) $209,007.33 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. k:\contractX2000\OO-O75a Iud 1st amendment.doc 07/11/2000 ' ~-~'~ ; ~ ~1'~ D'F FEDERAL WAY LAW DEPARTMENT RE:i~iU~,I~;i~AcT FIREPAFIATION/DOCUh, IENT REVIEW/SIGNATURE ROUTING SLIP 5. PROJECT NAME: ' :_ - ' . ~ . . ~ t . / ~PE OF PERSON OR ~NTITY {CHECK 0 INDIVIDUAL 0 ~OL[ PROPRI~ORBHIP ~TATE: TAX ~ PA~NERffHIP ~ CORPO~TION GCOPE OF WORKs AWACH EXHIBIT A - A COHPLETE AND D~AILED DESCRIPTION Of TH~ SERVICES OR SCOPE WORKt INCLUDING COMPLETION DAT~ FOR [ACH PHA~ OF WORK AND LOCATION OF WORK. (INCLUDES CXP~Ng;B AND SALES TAX, tF ANY) g. TOTAL COMPENSATION= REIMBURSABLE [XPENBEBI 0 YES 0 NO IF YESt MAXIMUM DOLOR AMOUNT: Is SALES TAX OWED? ~ YES ~ NO Ir YEgt $ PAID BY: ~ ~ONTRACTOR OCITY 10. SELECTION PROCEg~ Ug[O {CHECK ONE): 0 REQUEST FOR BlOB 0 AEC S 0 ARCHITECT & ENGINEER LIST 0 R[~U[BT ~OR PROPOSALS ~ 0 ~MALL WORKS I I. C INITIA~OAT~ APPROVED =. CONTRACT =,~NATUR[ R~UTING ,NITIA~0AT~ APPROVED ~,~' . &~ INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 320TM STREET AND PACIFIC HIGHIVAY SOUTH (SR-99) WIDENING AND INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"). WHEREAS, the City proposes to proceed with the South 320~h Street and Pacific Highway South (SR-99) widening and Intersection Improvement Pr~ect (hereinafter "Project"); znd WHEREAS, the District provides Water and sewer service in the general area of the Project in accord 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, the District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants, valves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within the Project area; and WHEREAS, Chapter 39.34 (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, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction rnanagemcnt services in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN. The District shall reimburse the City for the reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. The District agrees that design work shall be performed by the City's design contractor, CH2M Hill. Oftl l#AL II. BIDDING. A. It is the intention of the City and the District that the District plans and specif cati0ns 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, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District 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 the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. 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. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall furnish a construction observer to ensure proper compliance with requirements during installation of the District Work. The District's construction observer shall advise the City of any deficiencies noted. The District's construction observer, however, shall not communicate directly with or instruct the contractor directly on any matters regarding contract performance. C. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work Page 2 performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, prorated as described in Exhibit A. B. All payments shall be due from the District to the City within thirty (30) after approval by the District's Board of Commissioners of said sums billed to the District. Amounts unpaid after said due date days 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 the District, 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 the City, its agents or employees, or by the City;s breach of this Agreement. B. The District 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 the District, its agents or employees, or by District'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) the District 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. Following 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 Bill of Sale transferring ownership of the water mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and Page 3 supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. 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 District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. 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 OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT Moseley, City Manager General Mana'~er ],,'~"~ Date D~tte" APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney, Londi'K. Lindell General Counsel, Steven H. Pritchett K:\STREETS\PROJECTS\S320SR99\s320thSR99.1LA.doc 11/23/99 Page 4 EXHIBIT "A" SOUTH 320TM STREET AND PACIFIC HIGHWAY SOUTH (SR-99) WIDENING AND INTERSECTION IMPROVEMENT PROJECT ESTIMA TED DESIGN, CONSTRUCTION, AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (CH2M Hill) $9,133.00 (Design costs are 12% of construction costs.) ESTIMATED CONSTRUCTION COSTS Mobilization 7% Construction Cost $ 3,800.00 Traffic Control Labor 250 hours @ $28.00/hr. $ 7,000.00 Relocate Water Meter 3 @ $1250.00/ea. $ 3,750.00 Relocate Fire Hydrant 4 @ $ 2500.00/ea. $10,000.00 Adjust Sanitary Sewer Manholes 6 @ $350/ea. $ 2,100.00 Adjust Water Valve Box 13 @ $175.00/ea. $ 2,275.00 8" Water Main Class 50 DIP 50@ $60/LF $ 3,000.00 12" Water Main Class 50 DIP · 335@ $60/LF $20,100.00 Remove and Disposal of Asbestos Pip~e 385@ $15/LF $ 5,775.00 SUBTOTAL $ 57,800.00 Sales Tax @ 8.6% of Construction Cost $ 4,971.00 SUBTOTAL Including Sales Tax $ 62,771.00 Construction Contingency (10% of total project cost.) $ 6,277.00 Construction Management (5% of total project cost.) $ 3,138.00 TOTAL CONSTRUCTION COST $72,185.00 TOTAL ESTIMATED COST (Design & Construction) $81,318.00 Note: Costs represented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. K:\STREETS~PROJECTS\S320SR99~s320thSR99.1LA.doc 3~6~00 Page 5