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HomeMy WebLinkAboutPW05-317 - Original - Puget Sound Energy, Inc. - 228th St Extension Joint Utility Trench - 09/22/2005 ecords M e me W A8MINOTON 10ENON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Pugs#Sound Energy Contract Number. 10W05-» 31 7 This Is assigned by Mary Simmons Vendor Number: Project Name: S. 228th Street Eadenslon Contract Effective Date: Date of_ the vor's signature 7112 lt15"" Contract Termination Date: April 30, Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager:Chad Bleren Department: fagliql2dna Abstract: Design and Construction Agreement for the utility trench. ADCL7832 07/02 DESIGN AND CONSTRUCTION AGREEMENT Between the City of Kent and Puget Sound Energy(PSE) for S. 228th Street Extension Joint Utility Trench THIS AGREEMENT is entered into between the City of Kent, a Washington municipal corporation ("City"), and Puget Sound Energy, a Washington corporation ("PSE"). RECITALS WHEREAS, the City is constructing the S. 228th Street Extension between 54th Avenue South and Military Road. WHEREAS, PSE desires to install natural gas and electric facilities on City of Kent property within the S. 228th Street Extension alignment and on the S. 228th Street Green River Bridge. WHEREAS, the City of Kent property is not dedicated right of way covered by the PSE/Kent franchise agreement. WHEREAS, both parties agree that installing PSE facilities prior to construction of the S. 228th Street Extension would be beneficial to PSE and would minimize disruption to the motoring public following construction of the project. AGREEMENT To facilitate construction of a joint utility trench ("joint trench") and installation of PSE facilities on the Green River Bridge ("bridge utilities"), the parties agree as follows: 1. SCOPE OF WORK PSE will design and construct a joint trench within the S. 228th Street Extension alignment,between Frager Road and Military Road(see Exhibit A). The joint trench will include PSE natural gas and electrical facilities. Installation of PSE facilities will be the responsibility of PSE. PSE shall be responsible for coordination of joint trench construction based on the Schedule noted in Section 2 of this agreement. PSE will design and construct the trench between the Green River Bridge and Russell Road to connect to existing electric conduit and a gas line that were installed in 2004(see Exhibit A). PSE will complete a seismic structural design for its gas facilities on the Green River Bridge. The seismic design will be stamped by a structural engineer licensed in the State of Washington that has experience in the design of gas utilities including seismic I of 7 requirements. Upon approval of PSE's design,the City's bridge contractor will construct portions of the gas facilities except the steel gas carrier pipe, which will be installed by PSE at a later date. PSE will reimburse the City for all costs the City incurs related to the installation of these PSE facilities. The City will install a 6" Schedule 40 PVC pipe including related hangers and hardware, which will be used by PSE at a later date for electrical conductors. PSE will reimburse the City for all costs the City incurs related to the installation of this PSE facility. 2. SCHEDULE Due to the schedule for various phases of construction along S. 228th Street, the following time restrictions will be placed on construction of PSE's facilities: a. Construction of the joint trench between station 18+00 and station 43+00 as shown in Exhibit A shall be completed and the area completely restored to existing conditions by September 30,2005. b. The City will be constructing a roadway fill section over Bolger Road between Military Road and station 18+00. PSE work in this area shall take place following the City's work and upon the City's approval to complete the joint trench. The City anticipates that the approval will be granted November 2005. Work in this area shall be completed by December 31, 2005. C. Following completion of the S. 228th Street Green River Bridge and upon a separate approval from the City, PSE will install its facilities between station 43+00 and station 56+00. This work shall be completed by April 30, 2006. PSE understands that other construction work will be ongoing and that PSE's contractor will have a short period of time in which to install these utilities. 3. CONTRACTOR REQUIREMENTS The independent contractor hired by PSE to perform work shall be referred to as "the PSE contractor" in this Agreement. The PSE contractor,pursuant to a contract with PSE, shall excavate the trench, install PSE facilities, accommodate and coordinate the installation of PSE facilities, install the bedding material, construct trench cut-off walls and associated drains, backfiil and compact the trench to the City's requirements, and restore the site to existing conditions as required by the City, all to be performed in a good and workmanlike manner consistent with industry standards. PSE represents that any such contract shall further require of the PSE contractor that the work be conducted in conformity with (i) the applicable procedures and requirements of the parties as described herein; (ii) all applicable laws, ordinances and regulations of any governmental authority, and; (iii) all applicable terms and provisions of the National Electric Safety Code, as may be amended, supplemented or replaced from time to time, including but not limited to those pertaining to protection and separation of conductors buried in earth. 2of7 4. RESPONSIBILITY OF THE PARTIES A. Drawings. PSE shall provide detailed engineering drawings to the City to obtain approval from the City for the design and installation of PSE's facilities. These drawings shall show in detail the location and elevation of the gas line and electrical conduit, the joint trench, vaults, and all other PSE and City or other facilities relative to the centerline stationing provided by the City. The City will provide the road design plans to PSE for use as a basis of its design. The natural gas line design on the S. 228th Street Green River Bridge shall be submitted with a Structural Engineer's stamp certifying that the line has been designed for seismic loading. B. Installation. PSE shall be responsible for supplying and installing all of its own facilities and shall accommodate other utilities that may be approved and permitted by the City for inclusion in the joint trench. All right, title and interest in PSE facilities and associated equipment shall at all times remain with PSE. Parties hereto acknowledge and agree that PSE's contractor shall be held contractually responsible for securing the City provided working area, its equipment and materials related to the installation of PSE facilities. C. Coordination with other Contractors. The City will have up to three contractors working in the vicinity of the proposed PSE joint trench at any given time. The City's contractor(s) shall have full access to all City property. PSE's contractor shall coordinate with any City contractor in the area to ensure PSE's work will not interfere with any City construction project. D. Traffic Control. PSE's contractor shall provide all traffic control associated with installation of facilities. Access to residences on Bolger Road shall be maintained at all times and appropriate traffic control measures shall be taken to ensure access is safe and unrestricted. E. Surveys. PSE shall provide all surveying and legal descriptions required to execute the Temporary Easement(see Section 5 of this agreement) and construct and as- built the joint trench. The survey and legal descriptions shall be provided under the direction of and stamped by a licensed professional surveyor (PLS), holding a valid PLS license in the State of Washington. The City will supply survey control points as deemed necessary by the City for use by PSE's surveyor. F. DNR Permit. PSE shall obtain an Aquatic Lease from the Washington State Department of Natural Resources (DNR) and send copies of the permit to the City prior to adding the gas line to the Green River Bridge and prior to the City constructing the 6" electrical conduit on the Green River Bridge. 5. TEMPORARY EASEMENT The property between Military Road and the Green River has not yet been dedicated as public right-of-way. Therefore, PSE shall obtain a temporary easement for 3 of 7 installation of the facilities referred to in this agreement. This easement shall be executed prior to construction of any PSE facilities. 6. COMPENSATION A. Trench costs. PSE agrees to pay all costs associated with installation of its facilities, including restoration of the site to existing or better condition. B. Survey. PSE agrees to pay all costs for the City surveyor's time to provide control points and additional surveying information to PSE's surveyor. C. Design approval and incorporation. PSE agrees to pay any and all of the City's reasonable direct and indirect costs related to design review, incorporation of design into bridge plans, and construction management and inspection for installation of PSE facilities. Also included are costs of the City's structural geotechnical and seismic consultants related to the PSE utilities. D. Additional Expenses. PSE agrees to pay the City for all expenses associated with documented construction delays PSE causes to City contractors. E. Invoice. PSE agrees to pay the City within sixty(60) days of being invoiced by the City for charges related to this agreement. F. Defective or Unauthorized Work. PSE agrees to pay the City for all City- incurred costs related to errors and omissions attributable to PSE's joint trench installation. All defective or unauthorized work shall be repaired and restored at the direction of the City and at PSE's expense. This includes the repair of trench sections prior to final roadway construction. G. City-Related Installations. The City shall pay PSE's contractor to install any City-owned conduit. 7. CHANGES. PSE shall submit any changes related to the final approved design to the City a minimum of 3-days prior to intended construction of the proposed change. The City will review the proposed change and will approve or deny the change as soon as possible. 8. INDEMNIFICATION; LIENS AND ENCUMBRANCES. PSE shall defend, indemnify and hold the City, its officers, officials, employees and agents harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of the parry's work required under this Agreement, except for injuries and damages caused by the negligence or willful misconduct of the other party. 4of7 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, their officials, employees and agents, a parry's liability hereunder shall be only to the extent of the party's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. No party, directly or indirectly, shall create or impose any lien on the property of another, or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party shall promptly, at its own expense, take such action as may be necessary to duly discharge any lien created by it on the property of another. 9. INSURANCE. The contract between PSE and its contractor shall require that the PSE contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the PSE contractor, its agents,representative,employees, subconsultants or subcontractors. 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury,bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liabilitv insurance with' limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the PSE contractor. The parties (PSE and the City), their officials, employees, agents and volunteers shall be named as additional insureds on the insurance policy, as respects work performed by or on behalf of the parties and a copy of the endorsement naming the parties as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the parties prior to commencement of construction by the PSE contractor. The PSE contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 5 of 7 10. MISCELLANEOUS. A. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the PSE contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court,King County, Washington. D. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit. E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this Agreement. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each of affected party. G. Severability. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. H. Relationship. It is understood and agreed that no agency, employment,joint venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. I. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of"force majeure,"which shall include, but not be limited to, acts 6of7 S of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. J. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. Pug Sound Ene INC CI F KENT �"I — Print Nam . Dou¢Corbin Print a e: 6a P. . J im wh i to Title: Municipal Liaison_Manager Titl . weer Mayor DATE 9A io o/ S DATE 4�j —0,s- I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ` PSE CITY OF KENT PSE City of Kent 6905 South 228th SbwVSKC-SVC 220 Fourth Avenue South Kent, WA 98032 Kent. WA 98032 Attn: Douglas L. Corbin Attn: Chad Bieren (253)395-6867 (Desk) (253) 856-5534(Desk) (253)604-3137 (Mobile) (253)856-6500(Fax) (253) 395-6882-(Fax) With a copy to: APPROVED AS TO Alw, K t Law bepartment P\Qw1TILES\OpmF&b\0177-2005VS 2290u1peerm t-PSE dm f 7of7 1