HomeMy WebLinkAboutPW17-254 - Original - Puget Sound Energy - Right of Way Restoration-Star Lake & Highlands Neighborhoods - 08/17/2017 ' s M a aag e
K e c o r d m oh t-
KENT
Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
f you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: oUn
'vendor Number:
JD Edwards Dumber
Contract Number: RNN-
This is assigned by City Clerk's Office
Project Name: Right of Way Restoration - Star Lake / Highlands neighborhoods
Description: El Interlocal Agreement ❑ Chainge Order 0 Amendment ❑ Contract
M Other: Asphalt Overlay Reimbursement Agreement with P aE
Contract Effective Bate: Bate Signed Termination Date: October 1, 2iJ17
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Joseph Araucto Department: Public Works Operations
Contract Amount: $213,097.50 actual cost not yet known.
Approval Authority: ❑ Director Z Mayer 0 City Council 8/15/2017 Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
This agreement is an Asphalt Overlay Agreement between the City of Kent and PaE. PSE
_ .. . _.............. __. .... . . ..._... .
will reimburse the city approximately, 213,g97.5a for overlay work within th-e Star Lake
/ Highlands neighborhood.
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT
This Asphalt Overlay Reimbursement Agreement (this "Agreement'), dated as of the Effective
Date (as defined below), is made and entered into by and between Puget Sound Energy, Inc., a
Washington corporation ("PSE"), and the City of Kent, a Washington Municipal Corporation
(the "City").
RECITALS
WHEREAS, the City has a current active road project within the Star Lake Highlands
that involves grinding existing asphalt pavement, HMA overlay, reconstruction of ADA-
approved cement concrete sidewalk and curb ramps, curb, gutter, and adjusting of utility
castings and monuments as part of the 2017 Asphalt Overlay Project #17-3001 (the "City
Project'); and
WHEREAS, PSE has undertaken certain improvements or other work with respect to its
facilities within the area of the City Project that involves Star Lake Highlands (the "PSE
Project') and requires PSE to provide an asphalt overlay of the affected roadway surface as
more specifically described in the attached Exhibit A (the"Overlay"); and
WHEREAS, the City and PSE can achieve cost savings and benefits in the best interest
of the public by incorporating the Overlay into the City Project to be performed by the City and
having PSE reimburse the City for its actual costs incurred in completing the Overlay;
AGREEMENT
NOW THEREFORE, it is mutually agreed as follows:
I. PURPOSE
The purpose of this Agreement is to set forth the respective obligations, responsibilities and
rights of the City and PSE with respect to the installation and completion of the Overlay.
II. TERM AND TERMINATION
2.1 The term of this Agreement (the "Term") shall commence on the Effective Date and
shall remain in effect until the Overlay has been completed and PSE has paid the City the
Actual Overlay Costs (as defined in Section V, below), unless terminated sooner as provided
herein. The parties anticipate that the Overlay will be completed on or before October 1, 2017.
2.2 Either party may terminate this Agreement by written notice to the other party if the
other party materially breaches any provision of this Agreement and fails to cure such breach
within thirty (30) days after its receipt of written notice of breach. Any extra costs, expenses or
damages incurred by the non-defaulting party as a result of such termination shall be borne
exclusively by the defaulting party. The rights and remedies under this provision are in
addition to any other rights or remedies available to the non-defaulting party under contract or
applicable law. Termination of this Agreement shall not relieve the defaulting party of any
obligations which arise out of work performed prior to the effective date of termination.
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 1
136096132.1
2.3 PSE may terminate this Agreement by providing written notice to the City if the City at
any time notifies PSE in accordance with Section V, below, that the Actual Overlay Costs are
expected to exceed the estimate, in which case PSE shall be responsible only for the Actual
Overlay Costs incurred by the City prior to the effective date of termination for that portion of
the Overlay completed up to and including the effective date of termination.
III. CITY RESPONSIBILITIES
3.1 The City shall install and complete the Overlay during and as part of the construction of
the City Project. Without limiting the foregoing, the City shall:
(a) provide the design work required for the City Project and the Overlay,
including the preparation of associated plans, specifications and estimates;
(b) obtain all necessary permits for the City Project and the Overlay;
(c) incorporate a set of plans and specifications for the City Project and the
Overlay into a contract bid document and advertise the consolidated project for bid;
(d) after bid opening, furnish to PSE for PSE's review the bid prices
submitted for the Overlay, and make the bid award to the lowest responsive and
responsible bidder for the total project, subject to applicable laws and regulations; and
(e) provide the engineering, administrative, inspection and clerical services
required for the completion of the City Project and the Overlay.
3.2 Following completion of the Overlay by the City, the City shall retain ownership of the
Overlay and shall have ongoing responsibility for the maintenance of the completed Overlay.
3.3 The City shall, within thirty (30) days after completing the Overlay, provide PSE with
accurate and complete invoices showing the Actual Overlay Costs and associated supporting
documentation sufficient for PSE to verify the accuracy of each invoice. Invoices shall be paid
by PSE within forty-five (45) days after PSE's receipt and verification of each invoice. Notice
of any potential dispute regarding any such invoice shall be made in writing within the same
time period. Payment by PSE of any invoice shall not constitute agreement as to the
appropriateness or correctness of any invoice or acceptance of the work so represented.
3.4 Each invoice shall reference PSE project number #2161348UTL and be mailed to:
Puget Sound Energy, Inc.
Attn: Andy Markos
3130 South 38th St.
TAC-01
Tacoma, WA 98409
IV. PSE RESPONSIBILITIES
4.1 PSE shall reimburse the City for its Actual Overlay Costs in accordance with Section V.
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 2
136096132.1
4.2 If this Agreement is terminated by either party in accordance with Section II prior to the
Overlay being completed by the City, PSE shall be responsible for completing the Overlay.
4.3 PSE retains sole authority and responsibility for the design, construction, repair,
maintenance and operation of its facilities before and after the Overlay is completed. This
Agreement shall not be construed as an assumption by the City of any authority, responsibility
or liability with regard to the design, construction, reconstruction, repair, maintenance, or
operation of PSE's facilities located within the City rights-of-way, nor shall the design,
construction, reconstruction, repair, maintenance or operation of PSE's facilities located with
the City rights-of-way be considered a joint undertaking by PSE and the City.
V. PAYMENT
PSE shall reimburse the City for all final and actual costs reasonably incurred by the City to
complete the Overlay (the "Actual Overlay Costs") within forty-five (45) days after PSE's
receipt and verification of each invoice. The Actual Overlay Costs shall consist of (a) the
City's reasonable internal costs incurred for the design and permitting of the Overlay, (b)the
contract price, as adjusted by necessary change orders, paid to the City's contractor to complete
the Overlay, and (c)the City's internal costs incurred during construction of the Overlay (i.e.,
engineering, clerical, administrative, materials testing, surveying and inspection costs and all
payroll additives) that are directly attributable to the construction of the Overlay. The City's
estimate of the total Actual Overlay Costs is set forth in the attached Exhibit B, and is for cost
estimation purposes only; however, the City shall notify PSE if the Actual Overlay Costs are at
any time expected to exceed the estimate.
VI. INDEMNIFICATION
6.1 Each party will defend, indemnify and hold harmless the other party, its officers,
officials, employees and agents, from and against any and all third party claims, and any
resulting costs, damages and liability, for bodily injury (including death) or property damage to
the extent the same is caused by such party's breach of this Agreement or its negligence or
willful misconduct in the performance of its obligations under this Agreement.
6.2 Solely to the extent required to enforce the indemnification provisions of this
Section VI, each party waives its immunity under Title 51 RCW, Industrial Insurance;
provided, however, this waiver shall not in any way preclude either party from raising such
immunity as a defense against any claim brought against such party by any of its employees.
This waiver has been mutually negotiated by the parties.
6.3 This section shall survive the expiration or termination of this Agreement.
VII. PROJECT RECORDS
During the Term and for a period of three (3) years from the end of the Term, the City shall
keep all records and accounting pertaining to the construction of the Overlay available for
inspection and audit by PSE and/or federal, state and local officials so authorized by law and
copies of all records, accounts, documents or other data pertaining to the construction of the
Overlay shall be furnished upon request. If any litigation, claim, or audit is commenced, the
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 3
136096132.1
records and accounts along with supporting documentation shall be retained by the City until
all litigation, claim or audit finding has been resolved even though such litigation, claim, or
audit may continue past the above three (3)-year records retention period.
VIII. DISPUTE RESOLUTION
8.1 If a dispute arises between PSE and the City regarding this Agreement, the parties agree
that they will attempt to resolve the issue through mutual negotiation. If the parties are not able
to resolve the dispute through such negotiation within thirty (30) days, then either party may
pursue any legal remedy available in a court of law or the parties may agree to submit the
matter to mediation or other alternate dispute resolution process. If the parties agree to submit
the matter to mediation and the matter is not resolved as part of that mediation, then either party
shall be entitled to pursue any legal remedy available in a court of law.
8.2 This Agreement has been made pursuant to, and shall be construed according to, the
laws of the State of Washington. Any legal proceedings to enforce any provision of this
Agreement may only be brought in the Superior Court of King County, Washington.
IX. PUBLIC DISCLOSURE LAWS
The City and PSE acknowledge that the City is a public agency subject to certain disclosure
laws, including, but not limited to Washington's Public Records Act, chapter 42.56 RCW. PSE
understands that records related to this Agreement and the parties' performance under this
Agreement may be subject to disclosure pursuant to such laws. Neither the City nor PSE
anticipates that the performance of either party's obligations under this Agreement will involve
any confidential or proprietary information.
X. CHANGES AND MODIFICATIONS
Either party may request changes, amendments, or additions to any portion of this Agreement.
Except as otherwise provided in this Agreement, no such change, amendment, or addition to
any portion of this Agreement shall be valid or binding upon either party unless it is in writing
and executed by both parties. All such changes shall be made part of this Agreement.
XI. NOTICES
Unless otherwise directed in writing by a party, all notices, reports and payments under this
Agreement shall be delivered to each party as follows:
City of Kent Puget Sound Energy, Inc.
220 Fourth Avenue South Attn: Sandy Leek
Kent, WA 98032 3130 South 38`h St.
jaraucto@kentwa.gov TAC-LL
Attn: Joseph S. Araucto, P.E. Tacoma, WA 98409
Notices mailed by either party shall be deemed effective on the date mailed. Either party may
change its address for receipt of reports, notices, or payments under this Agreement by giving
the other written notice of not less than five (5) days' prior to the effective date.
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 4
136096132.1
X11. MISCELLANEOUS
12.1 This Agreement is in all respects subject to all applicable tariffs of PPE now or
hereafter in effect and on file with the Washington Utilities and Transportation Commission.
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.
122 Nothing in this Agreement is intended to, nor shall be construed to, create any rights in
any third party, or to foram the basis for any liability on the part of the parties to this Agreement,
or their officials, officers, eniployces or agents, to any third party.
12.3 The waiver of any default or breach of this Agreement shall not be deemed to be a
waiver of any other prior or subsequent del'ault or breach and shall not be construed to be a
modification of the terms of this Agreement unless Mutually agreed by the parties in writing.
12.4 If any provision of`this Agreement is held to be 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 Linder this Agreement.
12.5 This Agreement contains the entire written agreement of the parties, and supersedes all
prior understandings or agreements, whether oral or written, with respect to the subject matter
hereof. This Agreement may not be modified or amended except as provided herein.
12,.6 This Agreement is effective on , 2017 ('J'ffective Date").
City: PSE:
City of Kent, WA Puget Sound Energy, Inc.
By: By:
Title: or Title:
Approved as to form only:
City of Kent Date:
City Attorney LIP
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 5
136096132.1
EXHIBIT A
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CURB RAMP LOCATIONS
ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 6
136096132.1
EXHIBIT B
ESTIMATED COST OF OVERLAY
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ASPHALT OVERLAY REIMBURSEMENT AGREEMENT 7
136096132.1
REQUEST FOR MAYOR'S SIGNATURE
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KENT
W.S I I N c,r°^ Agenda Item: Consent -7I
TO: City Council
DATE: August 15, 2017
SUBJECT: Puget Sound Energy Reimbursement Agreement - Authorize
MOTION: Authorize the Mayor to sign a Reimbursement Agreement with
Puget Sound Energy to reimburse the City of Kent for right of way
restoration in the Start Lake and Highlands neighborhoods in an amount not
to exceed $213,097.50, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: Puget Sound Energy (PSE) will reimburse the City of Kent to restore the
pavement surface impacted by PSE's gas main improvement project in the Star Lake
Highlands neighborhood. The reimbursement will be for actual cost of required
restoration including the pavement overlay, sidewalk curb ramps, and associated
items customarily required to perform the work, including cost for project
administration and material testing.
PSE replaced gas mains within Star Lake Highland and restoration coordinated its
work with the City's 2017 Overlay Project in the same neighborhood. Coordinating
both projects reduces the amount of disruption to the public, ensures consistency in
the pavement, and yields the best result for the neighborhood.
EXHIBITS: Puget Sound Energy Reimbursement Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Ralph, Higgins NAY:
BUDGET IMPACT: The agreement between PSE and the City of Kent is to reimburse
actual costs for the restoration of pavement for the improvement project.