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Home My WebLink AboutPW07-122 - Original - Puget Sound Energy - 2007 Asphalt Overlays - 05/21/2007 Records Mao, =ge men KENT Document WASHI„GTO„ OR 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: Puget Sound Energy Contract Number: j%)()Tf- / a a This is assigned by Mary Simmons Vendor Number: Project Names: 2007 Asphalt Overlays Contract Effective Date: Date of the Mayor's signature Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Dennis Johnson Department: Engineering Abstract: PSE previously installed a gas main along several City of Kent streets and a full-width overlay is required as part of that work. The overlay work has been incorporated into the City's 2007 Asphalt Overlay project. ADCL7832 07/02 2007 AGREEMENT FOR ASPHALT OVERLAY OF 1241h Ave. SE, SE 270th St., 1161h Ave. SE, SE 274th Way, S 2771h St., Green River Rd. S, SE 259th St. and 80th Ave. S THIS AGREEMENT is made and entered into by and between the City of Kent, a Washington municipal corporation (hereinafter "City"), and Puget Sound Energy, Inc., a Washington public utility corporation, (hereinafter"PSE"). RECITALS WHEREAS, PSE provides gas and power services within the City of Kent in accordance with applicable Washington State and City of Kent laws, regulations, and franchises; and WHEREAS, PSE installed a gas main along City of Kent streets and, as part of the gas main installation work, was required to provide a full-width overlay of the affected roadway surface, which overlay work is hereinafter referred to as "PSE's Project"; and WHEREAS, the City proposes to proceed with the 2007 Asphalt Overlay Project, hereinafter referred to as the "City's Project"; and WHEREAS, the City and PSE can achieve cost savings and benefits in the public's interest by incorporating PSE's required surface restoration work into the City's Asphalt Overlay Project; THEREFORE, it is hereby covenanted and agreed by and between the parties as follows: I. DESIGN A. The City will provide all design work required for PSE's Project and the City's Project. PSE's Project is defined in the Project Description attached and incorporated as Exhibit A. This design work shall include the preparation of plans, specifications, and estimates. The City shall obtain all necessary permits for PSE's and the City's Projects. II. BIDDING A. The City shall incorporate a set of the Plans and Specifications for PSE's and the City's Projects into a Contract Bid Document and advertise the Projects for bid. PSE's Project will include a deletion schedule to allow identified portions of PSE's Project to be cancelled by the City if necessary for budgetary reasons. B. After bid opening, the City shall furnish PSE with the bid prices for PSE's Project for PSE's approval. Within seven (7) working days of receiving the bid prices, PSE shall notify the City in writing that PSE either approves or rejects PSE's portion of the contract. If the City does not receive approval or rejection from /PSE within seven (7) working days, the City will delete PSE's Project from the contract and proceed with the City's portion of the construction contract. If bids are received which, in the opinion of PSE, are not acceptable to PSE, PSE's Project shall be deleted from the contract. The Bid award shall be made to the lowest responsive and responsible bidder for the total project, subject to applicable laws and regulations. C. Deletion of PSE's portion of the Project from the City's Contract does not relieve PSE of the responsibility for completing its required overlay work in accordance with City standards. 1 III. CONTRACT ADMINISTRATION A. The City shall provide the engineering, administrative, inspection, and clerical services necessary for the execution of the City's and PSE's Projects. The City, as construction agent, shall have sole judgment with regards to all decisions related to the work of the Contractor. B. This Agreement shall be amended in writing to incorporate changes in the Scope of Work or Cost Estimate as a result of the bid prices. IV. PAYMENT A. An estimate of project costs is attached and incorporation as Exhibit B. B. PSE shall reimburse the City for all actual costs reasonably incurred by the City in performing PSE's Project, which costs shall include but not be limited to: 1. The City's internal costs incurred during the design and permitting of PSE's Project. 2. The contract price, as adjusted by change orders agreed to by PSE, to perform PSE's Project. 3. The City's internal costs incurred during construction of the project (i.e., all engineering, clerical, administrative, materials testing, surveying, and inspection services costs and all payroll additives) directly attributable to PSE's Project. C. If PSE rejects the City's lowest responsible bid or deletes PSE's portion of the project for any reason, PSE shall be required to reimburse the City for all costs associated with PSE's project accrued by the City to the date of rejection of the bid as well as all costs associated with removal of PSE's Project from the Contract. D. PSE will be invoiced for this work in 2007. All payments shall be due within 45 days from the date the City invoices PSE for Work performed on the Project, and when due, shall accrue simple interest at the rate of one percent per month. V. INDEMNIFICATION AND HOLD HARMLESS A. Each Party hereto agrees to protect, defend and indemnify the other Party, its officers, officials, employees and agents from any and all costs, claims, claims for delay, judgments and/or awards of damages, arising out of or in any way resulting from the Party's default, failure of performance, or negligent conduct associated with this Agreement, by the Party, its employees, subcontractors or agents. B. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. C. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in 2 defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement. D. The provisions of this section shall survive the expiration or earlier termination of this Agreement with regard to any event that occurred prior to or on the date of such expiration or termination. VI. TERMINATION A. If a party fails to comply with any material provision(s) of this Agreement the other party may terminate this Agreement, in whole or in part, for default upon thirty (30) days advance written notice to the defaulting party except as set forth elsewhere in this Agreement. Any extra costs, expenses, or damages incurred by the non-defaulting party as a result of the termination for default shall be borne exclusively by the party in default. The rights and remedies of this provision are in addition to any other rights or remedies provided to the non-defaulting party by law or under this Agreement. Any termination of this Agreement for default shall not relieve the defaulting party of any obligation which may arise out of work already performed prior to such termination. B. PSE's failure to secure all necessary funding to complete PSE's Work for the Project will constitute a failure to comply with the material provisions of this Agreement, in accordance with the termination provisions set forth above. VII. OTHER PROVISIONS A. The City shall retain ownership and usual maintenance responsibility for the completed overlay work. B. This Agreement contains the entire written agreement of the parties and supersedes all prior discussions. This Agreement may be amended only in writing, signed by the authorized representative(s) for each party. C. Nothing contained herein is intended to, nor shall be construed to, create any rights in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representatives, to any third party. D. Waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of both parties. E. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect if such remainder would then continue to serve the purposes and objectives of the parties. F. Each party shall maintain records that accurately reflect all actions taken and services provided pursuant to this Agreement, and all direct and indirect costs incurred in the performance of this Agreement. Such records and documents shall be subject to inspection, review, or audit by City of Kent, PSE, and/or federal, state, and local officials so authorized by law, at the requesting party's sole expense. Such records shall be made available for inspection or audit during the recordkeeper's regular business hours within a reasonable time after the recordkeeper's receipt of a request for inspection of the same. These rights 3 and obligations shall exist during the performance of the Agreement and continue for six (6) years after the termination or natural expiration of the Agreement, whichever first occurs. G. In the event of a contractual dispute between the Parties regarding this Agreement, the Parties shall attempt to resolve the matter informally. If the Parties are unable to resolve the matter informally, the matter shall be forwarded for discussions to the General Manager of PSE and the City of Kent Director of Public Works, or their respective designee(s). If this process fails to resolve the dispute within thirty (30) days after such referral, a party may pursue any legal remedy available or the Parties may agree to submit the matter to mediation or other alternate dispute resolution. If the Parties submit the matter to alternate dispute resolution and the matter is not resolved, a party shall be entitled to pursue any legal remedy available in a court of law. H. In the event that either party deems it necessary to institute legal actions or proceedings to enforce any right or obligation under this Agreement, the parties hereto agree that any such action shall be initiated in King County Superior Court of the State of Washington. This Agreement shall be interpreted and construed in accordance with the laws of the State of Washington. PSE hereby consents to the personal jurisdiction of the King County Superior Court of the State of Washington. 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 executed this Agreement effective as of the date last written below. CITY OF KENT, WASHINGTON PUGET SOUND ENERGY Mayor oAnyer Prosoc. Maw49emeal Air e4 Cow Kam- p v u (o►s 1. ore e n Name (print) Name (prin ) .2r o7 Date Date Approved as to Form: Si natu e Na a/Title Ve 4 EXHIBIT A TO AGREEMENT FOR ASPHALT OVERLAY OF 124th Ave. SE, SE 2701h St., 116th Ave. SE, SE 274th Way, S 277th St., Green River Rd. Sr SE 259th St. and 80th Ave. S PROJECT DESCRIPTION The City of Kent will provide a full-width overlay of the following streets: 124`h Avenue SE from SE 275th Street north to SE 2701h Street. • SE 270th Street from 124th Avenue SE to 116th Avenue SE. • SE 274th Way from 1111h Avenue SE to 108th Avenue SE. S277th Street from 1,600 feet west of 108th Avenue SE to Green Rive Rd. • SE 2591h from Green River Rd. to 80th Avenue S. • 80th Avenue S from SE 259th Street to 400 feet S of SE 259th Street. 5 1 EXHIBIT B 124th Ave S.E.,S.E.270th Ave.,S.E.274th Ave.and S.E.259th St. M ES ,ffi _ UNIT QRUANT UNiT COST TOTA.L'COST PI Bihvmnous Pavement SY 5,989 $ 600 $�... 35,93400 HMA for Full Width Overla Class B PG 64-22 TON 3,951 $ 7500 $ 296,325 00 Ad ust Exisnn Momarient Case and Cover to£wish Grade EA 9 $ 35000 $ 3,15000 Ad ust Exishn Manhole Cover in Finished Glade EA 26 $ 45000 $ 11,700 00 10720 Remove Miscellaneous Traffic Items LS I $ 3,00000 $ 3,00000 1025 Adjust Existing Valve Box Top Section and Lid and Adjust to Finished Grade EA 31 $ 35000 $ 10,850 00 1035 Plastic Stop Line LF 194 $ 500 S 92000 1045 White Edge Line Plastic Strip LF 9,438 $ 070 $ 6,60660 1050 Double Yellow Center Plastic Stap LF 2,070 $ 250 $ 5,17500 1060 Plastic Crosswalk Lme SF 600 $ 250 $ 1,500 00 1062 Plastic Traffic Arrow EA 6 $ 4000 $ 240 00 1063 Plastic Traffic Letter EA 12 $ 4500 $ 54000 1064 Plastic Railroad Cmmmg Symbol EA 2 It 35000 $ 70000 1065 Raised Pavement Markers Type IY HUN 3320 $ 17500 $ 5,81000 1070 Raised Pavement Markers Type IW HUN 288 $ 17500 $ 50400 1075 Raised Pavement Markers T e 2YY HUN 7 48 $ 35000 $ 2,61800 1080 Raised Pavement Markers Type 2W W HUN 037 $ 35000 $ 12950 1085 Traffic Control Labor FIR 480 $ 4500 $ 21,600 00 1090 Traffic Control Supervisor HR 100 $ 5500 $ 5,50000 1100 Plastic Storm Dram Pollution Marker EA 38 S 7500 $ 2,85000 1105 Tcmporarvl?avementMarlungs LF 7,770 $ 070 $ 5,43900 1110 Construction St Class A SF 360 $ 1700 $ 6,12000 1120 Portable Changeable Message Sign(PCMS) DAY 30 $ 10000 $ 3,00000 Sub-Total $ 430,211.10 30%,Engtneen &Cont. $ 129,063 33 TOTAL $ 559,274.43 U.\2007 PSE Asphalt Overlay Cost Estimate Exhibit B xls 5/7/2007