AG 00-075 - LAKEHAVEN UTILITY DISTRICT CITY OF FEI:3ERAI- WAY I-AW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION/C)OCUMENT REVlEW/SII3NATURE ROUTINI3 SLIP
1 · ORIGINATING OEPT./I~IV.:
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~ ~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~
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~ ~E~EBT FOR BIDE ~ ~E~UEBT FOR ~O~B ~ ARCHI~CT ~ ENgiNEER UBT
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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
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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
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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
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