HomeMy WebLinkAboutPW17-393 - Original - Puget Sound Energy - S. 228th St Grade Separation Joint Trench Agreement (72nd Ave S. to UPRR with PSE Gas) - 7/11/2017 Records M ,4 " n
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KENT
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 blame: Puget Sound Energy a WA Corporation - PSE - Gas
Vendor Number:
ID Edwards Dumber
Contract Number: ?kN 11 " 3
This is assigned by City Clerk's Office
Project Tame .paint Trench Agreement - S 2281h St Grade Separation at the UPRR 72nd
Ave S to thie UPRR with Puget Sound Energy Gas.
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
Other: Joint Trench Agreement w/PSE Gas
Contract Effective Gate: July 101, 2017 Termination Gate: End of Const.
Contract Renewal (notice (Days): N/A
Number of days required notice for termination or renewal or amendment
Contract Maanager: Mark Madfai Department: Pam" Engineering /Design
Contract Amount: Est, $213,S27
Approval Authority: Z Department Director ❑ Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc..):
The city will -advertise for construction bids-and enter into a contract with-a Contractor for
the construction of a Joint Utility Trench which will include MCI, Comcast, Century Link,
Zayo; P'SE power.&. P E a --Facilities. The trench will be placed along the north side o f
S 228'h St btwn 72"d Ave S and the UPRR. All Utilities required to cross S 228`h Street will
use this trench. _
As of; 08/27/1
JOINT TRENCH AGREEMENT
Between the City of Kent and Puget Sound Energy Gas
for the S. 2281h St. GRADE SEPARATION AT THE UNION PACIFIC
RAILROAD-
(72ND AVE S. to the Union Pacific Railroad)
This Agreement is between the City of Kent, a Washington municipal corporation
("City"), and Puget Sound Energy, a Washington corporation ("PSE").
RECITALS
A. The City is making right-of-way improvements to S. 228`h Street.
B. These right-of-way improvements require PSE to relocate its authorized
underground facilities that are currently in conflict with this project, pursuant to RCW
35.99.060.
C. Relocation of these facilities requires trenching within the right-of-way
and the parties recognize the efficiencies of entering into an agreement to dig one trench
in which all parties will relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with
a Contractor for the construction of a joint utility trench ("Trench") which may include
Comcast, Verizon, Zayo, PSE power and PSE gas facilities. This Trench will be located
along the north side of S. 2281h Street, between 72"d Ave. S. and the Union Pacific
Railroad as referenced in the plan sheet attached as Exhibit A and incorporated by this
reference. It is anticipated that there will be one (1) crossing of the Trench across S. 228`h
Street to serve customers on the south side of the street. All utilities that cross S. 2281h
Street shall use this Trench.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work is referred to as
"the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City,
will be responsible for constructing the Trench and installing Comcast, Verizon, Zayo,
PSE power and PSE gas facilities; accommodating and coordinating the installation of
PSE facilities; installing the bedding material, backfilling and compacting the Trench;
JOINT TRENCH AGREEMENT—Page 1 (June 8,2017)
(benveen City of Kent and PSI:Gas Re:S. 22ffh Street)
f
and performing any restoration required by the City. The City represents that any such
contract shall further require that the Contractor's work be performed in a good and
workmanlike manner consistent with industry standards and 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.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. PSE shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for
the underground relocation of PSE's facilities. The drawings shall show in detail the
location and elevation of the conduits, trench, and vaults.
3.2 Provision of Conduit and Vaults. PSE shall install its conduit in the
Trench and shall schedule all deliveries in a timely manner as outlined in Section 3.4, so
as not to delay the Contractor.
3.3 Traffic Control. The Contractor shall perform all traffic control associated
with installation of facilities within the Trench. PSE shall be responsible for providing
traffic control during installation of facilities not located within the Trench. PSE shall
submit a general traffic control plan for these installations.
3.4 PSE Coordination.
(a) PSE shall maintain continued coordination with the Contractor regarding
the installation of PSE's facilities and shall coordinate closely with the Contractor to
provide all necessary materials on-site in a timely manner.
(b) For any work that PSE performs independently from the Contractor's
work in the Trench, PSE shall coordinate closely with the City and the Contractor to
ensure this work will not conflict with the Contractor's work in the Trench. PSE shall
pay any claims for additional compensation made by the Contractor resulting from
conflicts with PSE's independent work in accordance with Section 4.5 of this Agreement.
3.5 Removal of Affected Facilities. Parties acknowledge and agree that PSE
shall in no event be required to remove its respective, affected facilities, prior to
completion of its underground facilities, in accordance with this Agreement, as long as
the installation is completed in conformity with this Agreement.
3.6 Surveys. The City shall provide the survey for the location of the Trench
and vaults.
JOINT TRENCH AGREEMENT-Page 2 (June 8,2017)
(between City of Kent and PSE Gas Re:S. 22e Street)
3.7 Title to Facilities. All rights, title and interest in the facilities and
associated equipment shall at all times remain with PSE.
4. COMPENSATION
4.1 Trench costs. PSE shall pay the City a portion of the Trench costs,
commensurate with its proportionate share of Trench usage, including street crossings, as
shown in Exhibit B attached hereto and incorporated by this reference. Preliminary costs
will be agreed upon prior to construction based on an estimate from the bid accepted by
the City. Costs will be finalized after completion of construction to account for actual
construction costs.
4.2 Survey. PSE shall pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate
and place PSE facilities.
4.3 Traffic Control. PSE shall pay a proportionate share of traffic control
costs related to the construction of the Trench where PSE facilities are included. The
proportionate share will be based on trench usage as shown in Exhibit B. PSE shall pay
for all traffic control during the installation of PSE facilities, not associated with the
Trench.
4.4 Additional Expenses. PSE agrees to pay any expenses incurred due to all
PSE's approved change requests requiring additional trench depth or width and for
unforeseen conditions, including but not limited to dewatering for ground water. PSE is
not obligated to pay for additional expenses incurred due solely to approved change
requests from other private utilities and/or the City.
4.5 Claims by Contractor. PSE agrees to pay the entire cost of any claims
made by the Contractor for damages that are proximately caused by PSE. These claims
may include delays caused by the installation of PSE facilities, delays caused by PSE
providing materials, or any other conflicts between the Contractor and PSE or any of its
contractors.
4.6 Vaults_ PSE agrees to pay for the excavation, site preparation, and
installation of its vaults, including bedding and backfill, separately and in addition to any
survey costs and Trench costs discussed above. These additional costs shall be
preliminarily determined from the bid price accepted by the City. The cost to excavate
for and install PSE's vaults will be finalized after completion of construction to account
for actual construction costs.
4.7 Invoice. PSE shall pay the City within sixty (60) days of submittal by the
City of an itemized billing for PSE's proportionate share of all actual, identified expenses
JOINT TRENCH AGREEMENT-Page 3 (June 8,2017)
(between City of Kent and PSE Gas Re:S. 22e Street)
incurred by the City or the Contractor in constructing the Trench as set forth in this
Section 4.
4.8 Defective or Unauthorized Work.
(a) Per the terms of the agreement between the City and Contractor, PSE
reserves the right to withhold payment to the City for any defective or unauthorized work
performed by the Contractor. Defective or unauthorized work includes, without
limitation: work and materials that do not conform to the requirements of this Agreement,
and extra work and materials furnished without PSE's approval.
(b) Before withholding payment to the City, PSE shall provide written notice
to the City of any work it believes to be defective or unauthorized. Upon receipt of
written notice, the City shall be afforded (sixty) 60 days to correct any work it agrees is
defective or unauthorized. If the City does not agree that the work is defective or
unauthorized within (fifteen) 15 days of receipt of the written notice, PSE may correct or
complete the work at its sole cost.
4.9 Final Payment/Waiver of Claims. The making of final payment by the
parties shall constitute a waiver of claims by the Contractor, except those previously and
properly made and identified by the Contractor as unsettled at the time request for final
payment is made.
5. CHANGES.
PSE shall submit any changes requested to be performed by the Contractor to the
City. The City shall submit this to the Contractor; obtain a price from the Contractor to
perform the work, and notify PSE of this price. PSE shall then have 24 hours from the
time it receives the price from the City, within which to respond. if PSE chooses not to
accept the Contractor's price then this work shall only be performed by PSE according to
a mutually agreed upon schedule with the Contractor so as not to cause delay to the
Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
6.1 Each party shall defend, indemnify and hold the other party, their 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 party's work required under this Agreement, except for
injuries and damages caused by the negligence or willful misconduct of the other party.
6.2 The indemnification from PSE to the City shall include all claims, injuries,
damages, losses or suits from third parties arising out of the fact that the specific portion
JOINT TRENCH AGREEMENT—Page 4 (June 8,2017)
(between City of Kent and PSF.Gas Re:S. 228`h Street)
r
f
of the Trench at issue was being made available to PSE by the Contractor, except for
injuries and damages caused by the negligence or willful misconduct of the City.
6.3 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 party'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.
6.4 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.
7. INSURANCE.
7.1 The Contractor shall maintain in full force and effect at its own cost
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 Contractor, its agents, representative, employees, sub
consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five
million dollars ($5,000,000.00) per occurrence and five million dollars ($5,000,000.00)
general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01
1/96 or its equivalent and include severability of interests. Coverage shall include, but
not be limited to: blanket contractual, Products/Completed operations/broad form
property damage; explosion, collapse and underground (XCU); and employers liability.
Such insurance shall name the City, its officers, officials and employees as additional
insureds per ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and
rights of recovery against the City, its officers, officials and employees. Coverage shall
apply as to claims between insureds on the policy, if applicable. Coverage may take the
form of a primary layer and a secondary or umbrella layer, but the combination of layers
must equal $5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined
single limits of one million dollars ($1,000,000.00) each occurrence with respect to each
of Contractor's owned, hired and non-owned vehicles assigned to or used in the operation
of this contract in the City. The policy shall contain a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so as to be out
of compliance with these requirements without thirty (30) days' written notice first
provided to the City, via certified mail, and ten (10) days' notice for nonpayment of
JOINT TRENCH AGREEMENT-Page 5 (June 8,2017)
(bet►veen City of Kent and PSI:Gas Re:S. 22e Street)
premium. If the insurance is canceled or materially altered so as to be out of compliance
with the requirements of this subsection within the term of this contract, Contractor shall
provide a replacement policy. Contractor agrees to maintain continuous uninterrupted
insurance coverage, in at least the amounts required, for the duration of this contract.
7.2 Deductibles / Cerl{ icale of Insurance. Any deductible of the policies
shall not in any way limit Contractor's liability to the City.
7.3 Endorsements. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and
agents are to be covered as, and have the rights of, additional insureds with respect to
liability arising out of activities performed by, or on behalf of, Contractor under this
contract;
(b) Contractor's insurance coverage shall be primary insurance with respect to
the City, its officers, officials, boards, commissions, employees and agents. Any
insurance or self-insurance maintained by the City, its officers, officials, boards,
commissions, employees and agents shall be in excess of the Contractor's insurance and
shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against whom
a claim is made or lawsuit is brought, except with respect to the limits of the insurer's
liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be
placed with insurers with a Best's rating of no less than "A VIU'
7.5 Verification of Coverage. The Contractor shall furnish the City with
certificates of insurance and endorsements or a copy of the page of the policy reflecting
blanket additional insured status. The certificates and endorsements for each insurance
policy are to be signed by a Person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements for each insurance policy are to be on standard
forms or such forms as are consistent with standard industry practices.
8. FRANCHISE AGREEMENT.
The City and PSE agree that as to future projects, by entering into this Agreement
neither party has waived any rights it may have under the existing franchise agreement
between the City and PSE, and the City and PSE expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, PSE's participation in the
joint trench activity contemplated in this Agreement, and its very participation in this
Agreement, shall in no event be construed as acceptance, affirmation or ratification of the
City's construction of PSE's obligation to underground their facilities and enter into a
writing pursuant to the franchise agreement, and parties understand and agree that the
JOINT TRENCH AGREEMENT-Page 6 (June 8,2017)
(benveen City of Kent and PSP Gas Re:S. 22e Street)
terms and conditions of this Agreement shall not control any future undergrounding
projects that may be required by the franchise.
9. MISCELLANEOUS.
9.1 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.
9.2 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
9.3 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 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.
9.4 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; however, nothing
in this subsection shall limit a party's right to indemnification under Section 8 of this
Agreement.
9.5 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.
9.6 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 the affected parties.
9.7 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.
9.8 Relationship. It is understood and agreed that no agency, employment,
joint venture, co-employer or partnership is created by this Agreement. No party hereto
JOINT TRENCH AGREEMENT-Page 7 (June 8,2017)
(benveen City of Kent and PSF_Gas Re:S. 22e Street)
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 ally obligation
or expense whatsoever of another.
9.9 Poi-ce Mqjeure. 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 all event of"f"orce rna.jeure," which shall include, but not be limited to, acts
of God, acts of the government of the United States or of ally state or political
subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions,
earthquakes. wind, storms, hurricanes, liglitning or other similar catastrophes or other
causes beyond the parties" reasonable control. The scope ofevents of l'orce majeure shall
not extend to payrncnt of money owed hereunder.
9.10 Enl.ire Agweeinent. The written provisions and ten-ns 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 6orriling 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 ofthis
Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement,
PUGE"I' SOUND ENERGY crry OF KENT
41
Print Nai Print NTnle:
Title: Ti t I e:
DATEI: D A l": 7
NOTICES TO BE SENT' TO: NOTICES TO, BE SENT TO:
PUGET SOUND ENERGY CITY OF KENT
PL1,i,,et Sound Energy City of Kent
6905 S 228""' St. 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
Attn: Leslic Wright Attn: Chad Bieren,
(253) 395-6809 (Desk) (253) 856-5534 (Desk)
(206) 793-4624 (Cell) (253) 856-6500 (Fax)
With a copy to:
Puget Sound Energy APPROVED AS TO FORM:
6905 S 228""'St.
Kent, WA 98032 °�d—
Attn: Glenn I felton ent Law Department
11 TiviWdn Opcn 1°iles\2238-228ill struct I JIRK(kadc scimm"onJOIT11 I rench ftreemcmOmm I�enchApeeprent-PSE,Gras Wcsl 9'V DRAVI-FIN At.duc
JOINITTRENCTI AGREENIENT Page 8 (Rine 8, 2017)
(between(7ty ref Kew and PSE Gas Re: S, 228""Streel)
Exhibit A
S. 228"' Street Joint 'French Agreement
72ND AVE. S.
LEGEND:
JOINT UTILITY
TRENCH LOCATION
vi
Do
N
vs
JOINT TRENCH AGREEMENT
S 228TH ST GRADE SEPARATION
AT THE UNION PACIFIC RAILROAD
EXHIBIT A
F--7
INTERURBAN TRAIL
UNION' PACIFIC RAILROAD
JOINT'FREN(Ai ACRE I-I'ME.NT- L:xhibit A (June 8, 2017)
(between 0�1,(?I'K(,,ni ond 11SEGas Re: & 228'I'Sireel)
Exhibit B
S. 228"' Street Joint Trench Agreement
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JOINT TRENCI1 AG EEYHL:NT—Exhibit.B (June 8,201.7)
(between('cty(?f Kent and Ga.5 Re: S 2'8'J'Str•cct)