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Home My WebLink AboutPW16-405 - Other - Puget Sound Energy - Limited Use Permit - 07/22/16 I Records e m e � t KEIVT � �� F� WASHINOTON �uY +Y yyvv �y�p„ 'ttthaLfl3f,r�` QC�I l ll..l l nt i .k3F}v+ bb i 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 City Clerk's Office. Vendor Name: Puget Sound Energy Vendor Number: JD Edwards Number Contract Number: FmU This is assigned by City Clerk's Office Project Name: Permit for Limited Use of Operating Property Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Limited Use Permit Contract Effective Date: 7/22/216 Termination Date: 7/22/2017 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: T LaPorte Department: Public Works Contract Amount: Approval Authority: ® Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Permit for Limited Use of Operating Property Permit No 12-22-04-0113 As of: 08/27/14 I�, 7q2 En:rg;Pno G�.aP:hio�. PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO. 12-22-04-0113 THIS LIMITED USE PERMIT made this day of ,2015 by and between PUGET SOUND ENERGY,INC.,a Washington corporation("PSE"herein)and the City of Kent,a Municipal Corporation of the State of Washington("Permittee"herein). PSE hereby grants permission to Permittee to use the following described real property(the "Property'herein)situated in King County,Washington: THE WEST SEVENTY-FIVE(75)FEET OF THE SOUTH ONE HUNDRED SEVENTY(170)FEET OF NORTH SEVEN HUNDRED FIFTY-FIVE(755)FEET OF THAT PORTION OF PUGEr SOUND ENERGY'S ONE HUNDRED(I OD)FOOT WIDE CORRIDOR,LYING SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 22 NORTH,RANGE EAST,WILLAMETTE MERIDIAN; AND AS MORE CLEARLY DEPICTED IN THE CITY'3 DRAWING MARKED EXHIBIT"A", 1. Term. Unless otherwise terminated pursuant to the terms hereof,the tens of this Permit shall expire 12 monthsfrom the date of signing. 2. Rent. Fee waived for this 12 month time period. Thereafter,fee may be raised to market value if permit is renewed. 3. Permittee's Use of Property Is Limited to: The construction of a IT wide concrete,hollow core panel bridge and two concrete bridge abutments to span MITI Creek. The bridge will connect the trail coming from the west to the Interurban Trail currently occupying the PSE's one hundred(100)foot wide trasmission right of way. Once complete,this permit allows for pedestrian access to the City of Kent and King County trail system. Permittee will be responsible for any and all misuse of the property by pedestrians gaining access from the trail. Construction is limited to only the building of the bridge,and surface trail,and raising of existing trail to match grade at the brldgegrade change will be no greater then 1'11"and permitee must maintain all clearances from bridge and trail to meet NEC and OSHA requirements. Contractor and the Permittee are required to hold precon meetings with Potelco and PSE's load office to address construction concerns and possible outages. Permittee is responsible for all costs associated with its project,any outage that is required,and any effects its use or Pedestrian may have on PSE faciltles or the underlying property. Permittee is required to acquire approval from the PSE Load Office and PSE System Operations If outage is required. This property has other easement holders,Permittee is responsible for acquiring the necessary approvals for their project from other users of the property. Furthermore, Permittee is responsible for acquiring all needed property rights and permits to construct this project and its Intended use. Construction equipment is limited to rubber tired backhoes,small bulldozers,small track-hoes,asphalt paving machine,and material delivery vehicles. PSE will not allow installation of landscaping on PSE's property without being able to review the landscaping plans. No trees will be allowed that could mature taller than 15 feet in height. PSE will require Permittee to remove any volunteer species that could mature taller than 15 feet. Permittee must clearly post the bridge's weight limit. Permittee is responsible to reroute traffic coming from the existing Interurban Trail. Permittee Is responsible for correcting any and all Issues that may arise due to Install of the bridge and trail. Permittee is responsible for any and all maintenance of the bridge and trail. Prior to any installation,alteration,replacement or removal of the Improvements or any other major activity by Permittee on PSE's Property, Permlttee shall give PSE written notice thereof together with preliminary plans and specifications for the same at least six(0)months prior to the scheduled commencement of such activity. PEE shall have the right to require that such plans and specifications be modified,revised or otherwise changed to the extent that the final plans and specifications therefor shall include provisions for the protection of PSE's facilities,the prevention of hazardous conditions and minimum interruption to PSE's utility operations. No such activity shall be commenced without PSE's prior written approval of the plans and specifications therefor and all changes or amendments thereto,which approval shall not be unreasonably withheld. Notwithstanding the foregoing,In the event of any emergency requiring immediate action by Permittee for protection of the Improvements,persons or property,Permittee will take such action upon such notice to PSE as is reasonable under the circumstances. i.. Nothing herein shall be deemed to Impose any duty or obligation on PSE to determine the adequacy or sufficiency of the Permittee's plans and specifications,or to ascertain whether Permittee's construction is In conformance with the plans and specifications approved by PSE. Permittee agrees to restore any area of the subject property disturbed during exercise of the rights granted herein,to a condition as nearly as practicable to the condition they were in immediately before the exercise of said rights. Subject to terms and conditions of this agreement,the Property Is made available by PSE to the public through Permlttee pursuant to R.C.W.4.24.2000 and R.C.W.4.24.210. At PSE's discretion the Pormittee shall be responsible for payment of taxes and charges that arise from public use of the Property,Including but not limited to property tax and surface water runoff charges. 4. Limitations on Use. The Property is operating utility property of PSE and PSE may use the same for the purposes of its utility business as fully as if this permit had not been given. Permittee shall not erect any building or structures of any kind on the Property,or use the Property for any purpose other than specified in paragraph 3 above. No blasting shall be done without PSE's prior written consent.Permittee shall comply with all laws and ordinances applicable to the Property and Permittee's use thereof,and shall keep the Property free from any and all liens which might arise as a result of Permittee's use and occupancy of the Property. 5. Indemnity and Insurance. The Property is subject to the hazards Incident to the operation of an electrical system,and in consideration of Permittee's use of the Property,Permittee hereby agrees that PSE shall not be liable for any damage or injury suffered by Permittee on the Property or for any damage or Injury to other property upon the Property. "Permittee further agrees to defend,indemnify and hold PSE harmless from all claims from damages suffered by PSE any person or entity which may arise directly or indirectly as a result of Permittee's use of the Property. But nothing herein shall require Permittee to indemnify PSE for that portion of any such liability due to the sole negligence of PSE. Without limiting the generality of the foregoing,Permittee shall be fully responsible,and defend,indemnify, and hold PSE harmless from all claims,costs,liabilities,damages and expenses(Including,but not limited to,reasonable attorney's fees)resulting from the release of any°hazardous waste or materials"in,on or under the property by Permittee,Permittee's employees,agents,or contractors,and such obligations shall continue even after the expiration or termination of this agreement. "Hazardous waste or materials"shall include any substance,waste or material defined or designated as hazardous,toxic or dangerous(or any similar term)by any federal,state or local statute,regulation,rule or ordinance now or hereafter in effect. "Without limiting the generality of the foregoing, Permittee hereby waives its immunity under industrial insurance.Title 51 ROW,,with respectf �ect to such indemnification.;Ignatu,e Date Prior to Permittee's construction activities or other substantial activities on PSE's Property under the rights provided herein,Permittee shall submit to PSE evidence that Permittee or Permittee's contractors have obtained the following insurance: -Comprehensive General Liability coverage naming PSE as an additional insured(including broad form contractual liability coverage)with limits no less than $2mm per Occurrence and in the Aggregate -Automobile Liability Insurance with limits no less than$2mm per Occurrence and in the Aggregate -Workers Compensation insurance within Statutory Limits;Employers Liability or Stop-Gap insurance with $2mm limits -Environmental/Pollution Liability Insurance with$2mm limits All coverages are to be placed with Insurers having an A.M. Best's rating of at least"A-;Financial Size Category Vll". Said evidence shall be submitted on PSE's Certificate of Insurance standard form(which farm PSE shall provide upon request)or such other form as PSE may from time to time approve. Said coverage shall be maintained by Permittee or Permittee's contractors during the period when such activities take place. All insurance shall: With the exception of Workers Compensation and Employers Liability,apply severally and not collectively to each insured againstwhom claim is made or suit is brought,except that the inclusion of more than one insured shall not operate to increase the insurance company's limits of liability as set forth in the insurance policy. Provide that the policies will not be canceled or their limits or coverage reduced or restricted without giving at least thirty(30)days prior written notice to the Real Estate Department of Puget Sound Energy at its home office: Puget Sound Energy, PO Box 97034 PSE-1 OS, Bellevue,Washington 98009-9734. All insurance or self-insurance maintained by PSE is excess and not contributory insurance with the insurance required within this Section 5. Permittee shall ensure that any policies of Insurance that Permittee or Permittee's subcontractors '.. carry against loss of or damage to property(Including,but not limited to tools,equipment,vehicles, watercraft and aircraft)or against liability for property damage or bodily injury(including death)shalt include a waiver of the Insurer's right of subrogation against PSE.To the extent permitted by its policies, Permlttee hereby waives all rights of subrogation against PSE. - Insurance certificate,or copies of policies if requested,shall be furnished to PSE at the inception of this permit,and thereafter,fifteen(15)days prior to the expiration date of such policies. The requirements of this permit as to Insurance and acceptability to PSE of insurers and Insurance to be maintained by Permittee are not intended to and shall not In any manner limit or qualify the liabilities and obligations assumed by Permittee under this permit. 6. Assignment,Termination,Renewal. This permit is not assignable and it may be terminated by PSE at any time upon sixty(60)days'written notice given to Permittee in person or by mail. PSE will work with Permittee to find alternatives to termination of this permit. If under PSE's sole discretion,a valid alternative exists,Permittee will be responsible for paying any and all costs associated with said alternative. If at PSE's sole discretion, no alternatives are available,permit shall be terminated without recourse by Permlttee. Should PSE require payment for renewal of the permit and/or use of the Property, refusal of payment by the City will terminate the permit. 7. Restoration. Upon termination of this permit, Permittee shall remove any facility which Permittee has placed upon the Property and shall otherwise restore the Property to as good a condition as it was prior to the Installation of said facility on the Property,unless otherwise agreed to In writing by PSE. 8. Permittee shall observe all applicable clearances from all power,natural gas,and other utility lines. 9. At no time shall PSE's access to Its substation be permanently blocked off or unduly restricted. 10. The terms and conditions of this Permit are subject to and Permittee shall at all times comply with any and all laws,rules,regulations,and ordinances applicable to the Property and Permittee's use thereof. EXECUTED as of the date first above written. ACCEPTED: PUGET SOUND ENERGY,INC. CibjA Kent,a Municipal Corporation. Its: a I'AL Lt ,N . Real Esteffe Representative Address: Number: I 7� Exhibit "All 97 fhSTNo A ELT SIX MF- 5 3 4 91Y.WiAW BECK P~w�.�.JIP�_Ms4's.P�nn�ttv —W Cr+—. NEMWnL a � carrxe ASBIr+xr PUGET SOUND ENERGY HMR llm MAIL n. 2HEn 'I� (INTERURBAN TRAIL) E' W. PP@EAI'I LY IIWW<LI CY�tlT�,y�a__W�+OVA-iP�tllu� TT WP��TrP.�pP i.]�P INTERURBAN TRAIN PLAN UNION PACIFIC RAILROAD } .. r , ' �J i : � .I f i MAIL 3D w A �3D 'OM{NA EYA6�RQ -ti t^' .. . 1FA4 - I I irN:'TLR I . 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