HomeMy WebLinkAboutPW16-189 - Original - Puget Sound Energy, Inc. - Facility Relocation and Modification - 03/15/2016 cords Mem
;'KENT
WASHINGTON
Document
77777
CONTRACT COVER SHEET
This its 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 City Clerk's Office.
Vendor Name: Puget Sound Energy
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: PSE Facility Reloc/Modification Agrmnt S 228 St Grade Sep_
Description: ❑ Interlocal Agreement El Change Order ❑ Amendment ❑ Contract
21 Other: Facility Relocation/Modificatiion Agreement
Contract Effective Date: 10 days prior to schedule Termination Gate: 12/31117
Contract Renewal Notice (Days): N'JA
Number of days required notice for termination or renewal or amendment
Contract Manager: Mark Madfai Department: Engineering
Contract Amount: 1,579,286.00
Approval Authority: ❑ Department Director El Mayor El City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
P_.SE- e.lo.cationm.�.._ModiiJcation oaf O.verhead....Transmi.ss an-Lines-for the..S-.22 �.5t_..Project.. .
As of: 08/2,7/14
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FACILITY RELOCATION/MODIFICATION AGREEMENT
This Agreement, dated as of March 15, 2016, is made and entered into by and between
Puget Sound Energy, Inc., a Washington corporation ("PSE")„ and the City of lent
("Government Entity"). PSE and the Government Entity are sometimes referred to herein
individually as a "Party" and collectively as the "Parties."
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and convenient
to the transmission and distribution of electricity ("Facilities") that are located on or in relation
to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating
Rights are more particularly described on Exhibit A attached hereto and incorporated herein
by this reference.
B. The Government Entity plans to construct improvements to the White River-- O'Brien
#1 115kV transmission line, the O'Brien — Christopher #2 115kV transmission line, and the
Christopher— O'Brien #4 230kV transmission line ("Improvements"). Scoff Increasing the
height of two 115kV transmission lines, as well as one double-circuit 230kV transmission line
to accommodate the grade separation over the Union Pacific Railroad tracks on south 228"'
Street in Kent, WA..
C. In connection with the Improvements, the Government Entity has requested that PSE
perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and
subject to the terms and conditions of this Agreement, and any applicable tariff on file with the
Washington Utilities and Transportation Commission (the "WUTC").
D. The Government Entity has provided to PSE a written plan for the Improvements (the
"Improvement Plan") which includes, among other things, (a) plans and specifications
sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the
Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, (c) inclusion in any
required permits and (d) information concerning possible conflicts between PSE's Facilities
and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation WWork., The Relocation Work is described in Exhibit B attached to this
Agreement..
Puget Sound Energy, PO Box 97034, Bellevue, WA 98009
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1.2 Performance of Relocation Work. Subject to the terms and conditions of this
Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable efforts
to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with
the schedule provided in Exhibit B (the "Relocation Schedule") with reasonable diligence in
the ordinary course of its business and in light of any operational issues as to the remainder
of its utility systems that may be influenced by the Relocation Work. PSE shall have no
liability to the Government Entity or any third party, nor shall the Government Entity be
relieved or released from its obligations hereunder, in the event of any delay in the
performance of the Relocation Work due to any (a) repair, maintenance, improvement,
renewal or replacement work on PSE's utility systems, which work is necessary or prudent as
determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or
consistent with prudent utility practices to protect the performance, integrity, reliability or
stability of PSE's utility systems or any systems to which such systems are connected.
1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in
writing of any reasonably anticipated adjustments to the Relocation Work (including the
Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
1.4 Performance by Government Entity. In the event the Government Entity is unable
to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and
absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to
adjust the Relocation Schedule to allow additional time for the Government Entity to perform
such obligations; provided, that if the Parties cannot reasonably agree upon such schedule
adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written
notice to the Government Entity, and the Government Entity shall promptly pay PSE the
amounts payable to PSE in connection with such termination under Section 5.5. PSE's
determination as to the satisfaction or waiver of any such condition under this Agreement
shall not be deemed to be a determination of satisfaction or waiver of any other condition
arising under this Agreement.
1.5 Notice to Proceed with Construction Work. At least 10 days prior to the date
specified in the Relocation Schedule for commencement of construction for the Relocation
Work, the Government Entity shall either (a) provide to PSE a written notice to proceed with
such construction work, or (b) terminate this Agreement by written notice to PSE. In the
event of such termination, the Government Entity shall promptly pay PSE the amounts
payable to PSE in connection with termination under Section 5.5.
Section 2. Operating Rights
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible
for any costs related to acquisition of any and all operating rights for the Facilities that are
necessary or appropriate, in addition to or as replacement for the Existing Operating Rights,
for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights
shall be in PSE's name, shall be of equivalent quality and kind as the Existing Operating
Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its
sole discretion. The New Operating Rights shall be provided with sufficient title information
demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to
such rights, if applicable. PSE shall not be obligated to commence the Relocation Work, or
otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable
operation of the Facilities as located upon or relative to the Existing Operating Rights, unless
and until PSE is in possession of the New Operating Rights.
Section 3. Permits
The Government Entity shall be solely responsible for any costs related to acquisition of any
and all permits, licenses, certificates, inspections, reviews, impact statements,
determinations, authorizations, exemptions or any other form of review or approval given,
made, done, issued or provided by any one or more governmental authorities with jurisdiction
necessary or convenient for the Relocation Work (collectively, "Permits"). The Permits shall
be on such terms and conditions as PSE shall, in its sole discretion, determine to be
appropriate to its needs. PSE shall not be obligated to commence construction for the
Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the
normal and reliable operation of the Facilities, unless and until PSE is in possession of all
Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits
shall have been exhausted. The Government Entity shall be responsible for performance of
and any costs associated with any mitigation required by the Permits.
Section 4. Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary
materials, equipment and labor required to perform the Relocation Work. All materials,
information, property and other items provided for, used or incorporated into the Relocation
Work (including but not limited to the Facilities) shall be and remain the property of PSE.
Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work (the
"Relocation Cost Estimate") is $1,579,286.00. The Parties agree that the Relocation Cost
Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs
incurred in or allocable to the performance of the Relocation Work.
5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual
costs incurred during the performance of the Relocation Work, and in the event PSE
determines that such costs are likely to exceed the Relocation Cost Estimate by more than
twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event
PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be
F
obligated to continue with performance of any Relocation Work unless and until PSE receives
the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and
written notice to proceed with the Relocation Work. In the event PSE does not receive such
acceptance and notice from the Government Entity within ten (10) working days from the date
of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event of
such termination, the Government Entity shall promptly pay PSE the amounts payable to
PSE in connection with termination under Section 5.5.
6.3 Relocation Costs. The Government Entity shall be responsible for, and shall
reimburse PSE for, all costs and expenses incurred by PSE in connection with the
performance the Relocation Work (the "Relocation Costs"). For purposes of this Agreement,
the Relocation Costs shall include, without limitation, any and all direct and indirect costs
incurred by PSE in connection with the performance of the Relocation Work, including, but
not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes.
5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
5.5 Costs Upon Termination of Agreement. In the event either Party terminates this
Agreement, the Government Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the Relocation
Work (including, without limitation, all Relocation Costs incurred through the date of
termination and such additional costs as PSE may incur in connection with its
suspension or curtailment of the Relocation Work and the orderly termination of the
Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an
invoice for costs payable under this Agreement, remit to PSE payment for the full amount of
the invoice.
Section 6. Indemnification
6.1 Indemnification. The Government Entity releases and shall defend, indemnify and
hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses
(including, but not limited to, reasonable attorneys' fees) caused by or arising out of any
negligent act or omission or willful misconduct of the Government Entity in its performance
under this Agreement. PSE releases and shall defend, indemnify and hold harmless the
Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses
(including, but not limited to, reasonable attorneys' fees) caused by or arising out of any
negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each
Party shall at all times remain employees or contractors, respectively, that Party and shall not
be, or be construed to be, employees or contractors, respectively, of the other Party.
6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a
Party under this Section 6, each Party expressly waives its immunity under Title 51 of the
Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to
indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim
brought against the indemnified Party by or on behalf of any employee of the indemnifying
Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising
such immunity as a defense against any claim brought against the indemnifying Party by any
of its employees.
Section 7. Disclaimers and Limitation of Liability
7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or
implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness for
a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty,
tort or otherwise, to any other party or to any other person for any indirect, incidental, special
or consequential damages arising out of the performance or nonperformance of the
Relocation Work or this Agreement.
Section 8. Miscellaneous
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of
PSE now or hereafter in effect and on file with the WUTC. In the event of any conflict or
inconsistency between any provision of this Agreement and any such tariff, the terms of the
tariff shall govern and control.
8.2 Survival. Sections 2 and 4 through 8 shall survive any termination of this Agreement.
Subject to the foregoing, and except as otherwise provided herein, upon and following
termination of this Agreement neither Party shall have any further obligations arising under
this Agreement and this Agreement shall be of no further force or effect.
8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any
provision of this Agreement shall not be construed to be a waiver or relinquishment of any
such provision or any other provision in that or any other instance; rather, the same shall be
and remain in full force and effect.
8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the
complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
8.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event"), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers, laws, regulations, rules or orders of any governmental
agency, sabotage; strikes or similar labor disputes involving personnel of a Party, its
contractors or a third party; or any failure or delay in the performance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof, and this Agreement shall be construed in all
respects as if such invalid or unenforceable provisions were omitted.
8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other
communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address
and to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all
respects in accordance with the laws of the State of Washington. This Agreement shall be
fully binding upon the Parties and their respective successors, assigns and legal
representatives.
In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE: Government Entity:
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Puget S un E7 9 City of Ke By
By By
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Address: ELL, Adur
iLE Sa�� Kent w& 1200
Attn: Q-jrkta,CrJE
Attn:
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EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
• The west line, Obrien-White River No. 2, 115kV and the Christopher-Obrien No. 2 230kV line
is within PSE fee owned property.
o Olympic Pipeline also has an easement on PSE fee own property so PSE needs to
determine if any of the work to be performed will conflict with the pipeline system.
• The east line, Obrien-Christopher No. 2, 115kV is within the Union Pacific right-of-way and
PSE has a permit on their property.
o The permit calls for a one-time $4,000 license fee for new crossing or altering the
existing line that is to be paid by the City.
EXHIBIT B
RELOCATION WORK
This is the project scope:
Cost Estimate:
Project Management $ 18,040 $ 33,623 $ 51,663
,623 $:Project Manager 400 hour S 18,040 $ 33 51,663
Construction Management I........... $ 11,383 $ 21,216 S 32,599
!Construction Manager 240 hour $ 11,383 $ 21,216 S 32,599
Engineering $ 29,043 $ 13,469 $ 42,512
Electrical Systems Engineer 80 hour S 3,401 $ 6,33E $ 9,739,
Electrical Systems CAD 20 hour S 642 $ 1,197 $ 1,839
Engineering Survey(Pole Staking) 25,000 Isum $ 25,000 $ 5,934 $ 30,934
Mobilization/Demobilization $ 35,,160 $ 8,345 $ 43,505
Contractor;Mobilization 2 days S 16,000 $ 3,798 $ 19,798
Contractor:Demobilization and Closeout 2 days S 19,160 $ 4,548 $ 23,708
Transmission Structure Setting S 823,821 210,066 S 1,033,887
and Framing
Contractor:Pole Reframes(Tangent) 3 days S 23,208 S 5,508 28,716
Contractor:Pole Reframes(Dead End) 6 days S 57,480 S 13,643 S 71,123
Contractor:Caisson Install Allowance 7 Isum S 67,060 j$ 15,917 $ 82,977
Steel 150'DE Double Circuit Monopole 32,083 lbs $ 73,791 IS 17,514 $ 91,305
i
Steel 150'DE Double Circuit Monopole 32,083 lbs S 73,791 S 17,514 S 91,305
Foundation for DE Monopole 170,000 Isum S 170,000 $ 40,350 $ 210,350
Foundation for DE Monopole 170,000 Isum S 170,000 $ 40,350 $ 210,350
Contractor:Steel Pole Setting 8 days $ 76,640 $ 18,191 $ 94,831
POLE WOOD 95 FT CLASS H3 7 EA S 31,695 S 11,604 $ 43,199
CASING STEEL 20'LENGTH 42"DIA 7 EA S 36,792 $ 13,513 $ 50,305
1/2"WALL
11 5kV HPA BITTERN 3 each S 1,762 $ 647 $ 2,410
11 5kV TIDE TYPE N SITT 4 each S 11,086 $ 4,071 $ 15,157
ANCHOR 24"PLATE Rob, 8 each $ 654 $ 240 $ 895
GUY 7/16"DWN 12'FG Deadend 8 each S 1,057 $ 388 $ 1,445
Misc.Materials for Wood Poles 9,000 Isum S 9,0100 $ 3,305 $ 12,305
Misc.Materials for Steel Poles 6,000 Isum $ 6,000 $ 2,204 $ 8,204
230KV VDE TYPE N BITTERN BU 4 each S 13,905 $ 5,107 $ 19,012
Transmission Conductor Install $ 132,688 $ 33,797 $ 166,485
Contractor Resagging:(230kV) 6 days $ 57,480 S 13,643 S 71,123
WIRE 1272 ACSR BITTERN-New 2,424 FT $ 5,598 $ 2,066 $ 7,655
WIRE 7#8 ALUMOWELD 808 FT $ 388 S 142 S 530
SLV T 1272ACSR 4517UNI 18 EA $ 1,623 $ 696 $ 2,219
SLV T 795 ACSR 45/7UNI 6 EA $ 276 $ 101 $ 378
Contractor Resagg4iq:(115kV) 6 days S 57,480 $ 13,643 $ 71,123
WIRE 795 ACSR TERN-New 2,100 FT $ 4,053 $, 1,489 $ 5,542
WIRE 795 ACSR TERN-New 3,000 FT S 5,790 $ 2,127 $ 7,917
Muni6pal Land Planning $ 922 $ 1,719 $ 2,641
Municipal Land Planner 20 hour S 922 $ 1,719 $ 2,641
Pre-Contingency Subtotal S 1,051,057 $ 322,235 $ 1,373,292
Estimating Contingency J$ 157,659 $ 48,335 $ 205,994
Grand Total 1 J $ 1,208,716 $ 370,570 $ 1,579,286
Location:South 228th Street, Kent,WA.
Scope: Raise a total of seven (7)wood 115kV transmission poles and two(2)steel 230 kV transmission towers
to accommodate the City of Kent in the grade separation on South 228t"Street over the Union Pacific Railroad
tracks.This price includes all costs associated with construction of this project.
Kent UPRR Grade Separation Milestone Schedule (PSE)
• May 2016: 115kV design complete.
• June 2016: 230kV poles and foundations out for bid.
• July 2016: 230kV foundation design complete.
• September 2016: Construction of both 115kV lines.
• September 2016: Drill and pour 230kV foundations*.
• March/April 2017: Install 230kV structures.
*Please note that if there are any delays in foundation design schedule, the 230kV foundations
will be poured in March of 2017 and need a month to cure. This would push out installation of
the 230kV towers to April/May of 2017.
O
KEN T
WASH NOT QN
Agenda Item: CONSENT - 7E
TO: City Council
DATE: April 5, 2016
SUBJECT: Facility Relocation/Modification Agreement with Puget Sound Energy
for the relocation of transmission facilities for the 228th Street Union
Pacific Grade Separation Project
MOTION: Authorize the Mayor to sign a Facility Relocation/Modification Agreement
with Puget Sound Energy in an amount not to exceed $1,579,286.00 to raise their
transmission facilities for the 228th Street Union Pacific Grade Separation project,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The South 228th Street Grade Separation project will construct an
overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the
conflict between vehicles and trains. The bridge will also span the Interurban Trail
located within PSE right of way. This project is the third and final phase of the South
2281h Street corridor, connecting the valley with I-5 and the future SR 509 freeway.
Under this agreement Puget Sound Energy will complete the relocation/raising of its
overhead transmission system to accommodate the new bridge.
EXHIBITS: Facility Relocation/Modification Agreement with Puget Sound Energy
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY: N/A
BUDGET IMPACTS: This will be paid for using State funds awarded through the
"Connecting Washington" transportation package.
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