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
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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.
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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
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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.
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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.
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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
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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
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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-
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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
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