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HomeMy WebLinkAboutCAG2019-132 - Original - Puget Sound Energy - Railroad Quiet Zone - 03/03/2019 �* T Records Management 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. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Puget Sound Energy, Inc. Vendor Number (JDE): Contract Number (City Clerk): Category: -Permit-for--for Limited Use of Operating Property 9 ---- ---_----- - Sub-Category (if applicable): None Project Name: Railroad Quiet Zone 3/3/19 3/2/39 Contract Execution Date: Termination Date: Contract Manager: Cheryl Rolcik-Wilcox Department: PW: Engineering Contract Amount: N/A Budgeted: F� Grant? Part of NEW Budget: Local: State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: ✓0 Director ❑ Mayor ❑ City Council Other Details: Permit to install a fence on a portion of PSE parcel 242204-9097 i PUGET SOUND ENERGY The Energy To Do Great Things PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO. 24-22-04-2019-02-20 r� j THIS LIMITED USE PERMIT made this_day of, 20.("Effective Date")by and between PUGET SOUND ENERGY, INC„ a Washington corporation("PSE"herein)and City of Kent, a Washington Municipal Corporation("Permittee"herein). In consideration of the mutual promises of the parties and for other good and valuable consideration,the receipt and sufficiency of which are acknowledged,the parties agree as follows: 1. Property. PSE hereby grants permission to Permittee to use the real property described on Exhibit"A-1"and"A-2"attached hereto and incorporated by this reference(the"Property"herein)situated in King County,Washington, subject to the terms and conditions of this Permit. 2. Term. Unless otherwise terminated pursuant to the terms hereof, this Permit will commence on the Effective Date and will expire on the date that is twenty (20) years from the Effective Date (the "Term"), 3. Rent. This Permit is granted for and in consideration of mutual benefits to be derived therefrom ("Rent"). 4. Use. Permittee may use the Property for installation of a chain link fence to prevent public access to the easterly adjacent railway right-of-way. Permittee agrees to install a 14 foot wide access gate on the City right-of-way immediately south of the PSE property. The purpose of the gate installation is to provide PSE access to electric facilities located east thereof. The City will coordinate with PSE for the installation of a PSE company standard lock once the gate has been completed. Said fencing to be removed by the end of the term of this permit. ANY ADDITIONAL USE OF THE PROPERTY REQUIRES PSE'S PRIOR WRITTEN APPROVAL, WHICH PSE MAY WITHHOLD IN ITS SOLE AND ABSOLUTE DISCRETION. Permittee acknowledges that the Property is an operating utility property of PSE and that PSE may use 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 this Paragraph. 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;Environmental, a. :General Indernhay. Permittee acknowledges that the Property is subject to the hazards incident to the operatidwdf electric and gas utility systems. Permittee hereby agrees that PSE shall not be liable for(i) any damage, injury, loss, expense or death suffered by Permittee or Permittee's agents, employees, permittees, assignees, invitees, or contractors (collectively, the "Permittee Parties") on the Property, or (ii) any damage, injury, loss, expense or death suffered by third parties, resulting from the I use of the Property. Permittee will defend, indemnify and hold PSE and its affiliates, agents, servants, directors, officers and employees (the "PSE Parties") harmless from and against any and all losses, claims, demands, actions, fines, suits, damages, penalties, liabilities, expenses, and costs (including, without limitation, reasonable attorneys'fees)resulting from allegations or claims brought against PSE or the PSE Parties occasioned by (i) injuries or damages to any person or entity or damage to, or theft or loss of, property occurring in or about the Property caused by Permittee's or any Permittee Party's use of the Property, or(ii)any actual or alleged breach of this Permit by Permittee. b; :Environmentallndemnity. Permittee will defend, indemnify and hold PSE and the PSE Parties harmless from and against any and all losses, claims, demands, actions, fines, suits, damages, i penalties, liabilities,expenses(including,without limitation, remediation, removal, repair,corrective action, or cleanup expenses), and costs(including,without limitation, reasonable attorneys'fees,consultant fees, or expert fees) which are brought or recoverable against, or suffered or incurred by PSE or any PSE i i i Parties, which arise from or relate in any way to Hazardous Materials that are brought onto the Property by Permittee or any of the Permittee Parties. As used herein, "Hazardous Materials" means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas); and "Environmental Requirements" means and includes all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Property or the environment, including, without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; the Model Toxics Control Act, and any regulations or policies promulgated or issued thereunder. c. General Provisions. Without limiting the generality of the foregoing, for purposes of the indemnities provided pursuant to this Permit, Permittee hereby waives its immunity under the Washington State Industrial Insurance Act, Title 51 RCW, and all other applicable industrial insurance/worker's compensation acts or their equivalent in the applicable jurisdiction. In case any action or proceeding is brought against PSE or any PSE Party and such claim is a claim from which Permittee is obligated to indemnify pursuant to this Section, then Permittee, upon notice from PSE, shall resist and defend such action or proceeding with respect to that claim (by counsel reasonably satisfactory to PSE)at Permittee's expense. The furnishing of insurance required hereunder will not limit the Permittee's obligations under this Section. The obligations of Permittee under this Section will survive termination or expiration of this Perm' z1-2, -7 2e�)l�-- 6a ure f Date 6. Insurance. a. Policies. Permittee shall at all times during the Term, at its sole cost and expense, procure and maintain, or cause its agents, contractors and subcontractors to procure and maintain, in full force: i. Insurance in accordance with the applicable laws relating to Workers' Compensation and Employers' Liability insurance, regardless of whether such coverage or insurance is mandatory or merely elective under the law; ii. Commercial Auto Liability coverage including owned, hired and non-owned autos with limits of $2,000,000 per occurrence for bodily injury (including death) and property damage, iii. Commercial General Liability coverage on an "occurrence" basis, including coverage for products/completed operations, explosion, collapse and underground hazards, broad form property damage, blanket contractual liability, independent contractors and personal injury, with coverage limits of $2,000,000 for bodily injury (including death and P j Y� 9 Y J Y ( 9 ) damage to property; and iv. Umbrella Excess Liability coverage with limits not less than $1,000,000 per occurrence. b. Insurance Requirements. All insurance required to be held by Permittee under this Permit shall: i. Be placed with such insurers and under such forms of policies as may be acceptable to PSE, having A.M. Best's Financial Security ratings of at least A-;VII; ii. With the exception of Workers' Compensation and Employers' Liability, be endorsed to name PSE as an additional insured; Page 2 of 6 i iii. With the exception of Workers' Compensation and Employers' Liability, apply (11 severally and not collectively to each insured against whom 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; and iv. 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 EST-06E, Bellevue,Washington 98009-9734. c. General Provisions. All insurance or self-insurance maintained by PSE is excess and not contributory insurance with the insurance required within this Section 6. Permittee shall ensure that any policies of insurance that Permittee or Permittee's agents, contractors or 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) shall include a waiver of the insurer's right of subrogation against PSE. To the extent allowed by its policies, Permittee hereby waives all rights of subrogation or otherwise that Permittee may have against PSE or any insurance company arising from any risk to the extent covered by, or would have been covered by, Permittee's insurance required hereunder. Permittee shall furnish to PSE insurance certificates, or copies of policies if requested, upon mutual execution of this Permit, and thereafter, fifteen (15) days prior to the expiration date of such policies. The requirements of this Section 6 and the 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. 7. Assignment; Termination. This Permit is not assignable. PSE may terminate this Permit for any reason upon thirty(30)days'notice to Permittee. 8. Surrender and Holdover. Upon expiration or earlier termination of this Permit, Permittee shall remove any personal property or 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 issuance of this Permit. If Permittee remains in possession of the Property after the expiration or earlier termination of the Term, such possession will be month-to-month at a rate of 150%of the Rent. 9. Default. Permittee will be in default if Permittee fails to (a)pay any amount due under this Permit within 5 days after such amount is due, or (b) comply with any other provision of this Permit within 10 days after receipt of notice, provided that where any such default cannot reasonably be cured within a 10 day period, Permittee will not be in default if Permittee commences to cure the failure within the 10 day period, and thereafter diligently pursues the cure (but in no event shall such extended cure period exceed sixty (60) days). If Permittee is in default pursuant to this Section, PSE may terminate this Permit immediately upon notice to Permittee and/or pursue any other remedies at law or in equity. 10, Consequential Damages. PSE will not be liable to Permittee for consequential damages, such as lost profits or interruption of Permittee's business. 11. No Waiver. No waiver by PSE of any provisions of this Permit is a waiver of any other provisions hereof or of any subsequent breach by Permittee. 12. Miscellaneous, This Permit is governed by the laws of the State of Washington, excluding its conflicts of law rules. If any provision of this Permit is determined by any court or governmental authority to be unenforceable, the parties intend that this Permit be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable. This Permit constitutes the complete and final agreement of the parties pertaining to the Property and supersedes the parties'prior agreements, understandings and discussions relating to the Property. No modification of this Permit is binding unless it is in writing and signed by PSE and Permittee. This Permit may be executed in any number of counterparts, each of which will be deemed an Page 3 of 6 original and all of which counterparts together constitutes on agreement with the same effect as if the parties had signed the same signature page. EXECUTED as of the date first above written. ACCEPTED: City of Kent, 'ngton Municipal Corporation Puget S9YqEnergy, Inc. i By: (Signat By: // ov (�` �� � 7�61 ervisor Real Es Print Name: t� Position: Address: ;;L0 91,41 five •S. Kent, wA ci 32 Phone: I Page 4 of 6 Exhibit "A-1" Property Description A PORTION OF KING COUNTY PARCEL NUMBER 242204.9097 THAT PORTION OF THE 100 FOOT RIGHT-OF-WAY OF THE SEATTLE—TACOMA INTERURBAN RAILWAY RIGHT-OF-WAY OVER THE EAST HALF OF THE SOUTHWEST QUARTER AND GOVERNMENT LOT 7,IN SECTION 24,TOWNSHIP 22,RANGE 04 EAST W.M.,LOCATED SOUTH OF STATE ROUTE 516 AND NORTH OF THE WEST WILLIS STREET RIGHT-OF-WAY. SITUATE IN THE CITY OF KENT,COUNTY OF KING,STATE OF WASHINGTON. i i I I Page 5 of 6 ca Exhibit A-2» Property Exhibit 1 I �l.Sis C:l/ I' 7 ; 490, S., 20700 SF;.-. 23850 S 148 1 25.24 - }tl)3S 1n137 1)l14 43 i j, , r 1 TCO 1 - 1 2 VAC ORD. 18 �n a * I D ?S03280495 -'-'-'- - - - - y"' 1 VW ; -20 )5 I POR -- - --120 -- - 9n97 77136 s 11520 S! i f is I 1.77 A 4 Ul){j11 , 'eus/.�3 4057 i i IN o� 1 i OOi .31,12 i j0t1AOj 41 4 �O31 C7 / SR SI6 , 1 n Im; SHEEk 10 OF is 6 (SR. 167) 4b93146 469146 3 I 2 1 T.C. 17-9008 9i158 ; ;16380 s 60.13 1 Nu _'! ... ' 60.4 34U W 500. ----- --L-----—•- .__.- — ---------- _.—-— W.WILLIS SL 1 I I 2335.30 �ewil120 . 1 I► D! . 9-48-22 E I I 55 Z F 9 09-10 E ( I a I oot 12 50 1 72 a 50 ( OU30 i I 1 ------------------ S __ R.D.C. I I 90 7200# TO 1.06 Ac r, 1 I 2 0029 11 I j 46,860 SF �" I ( 1 ttl►,4 �, I ......._ 1 � 3 1 4'' I ww Page 6 of 6 �� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) ACC (MMI 019 4. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endors9ment(s). PRODUCER CONTACT Seattle-Alliant Insurance Services,Inc. PHONE FAX 1420 Fifth Avenue,Suite 1500 (ac.R9.Exu:—__ _ Seattle WA 98101 ADDRESS: INSURER S)AFFORDING COVERAGE NAIC p INSURER A:Safety National Casualty _ _ 15105 INSURED KE563802 INSURER B:Allied World ASSuranC9 COT en 19489 City of Kent ___ _._� Y __- 220 Fourth Avenue South INSURERC:Evanston Insurance Com an 35378 Kent WA 98032-5895 INSURER D:Lloyd's of London 10200 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:14181BD861 REVISION NUMBER: j THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN8R AODI`$UBR ----`---'POLICY EFF. POLICY EXP.i LTR TYPE OF INSURANCE i POLICY NUMBER W MM/DD/YY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL4050201 1/1/2019 1/1/2020 EACH OCCURRENCE $2.000,000 T�CLAIMS-MADE lr l OCCUR _PREMI$1F${Ee gCWt�ild4y-j„ -, $500,000 _LL MED EXP(Any one Person)..... $ PERSONAL 8 AOV INJURY $2.000,000 i GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4 000,000 POLICY I-__J PRO LOC PRODUCTS-COMPlOP AGO $4 000 000 JECT OTHER: SIR S 500,000 A AUTOMOBILE LIABILITY Y Y CAS4058202 1/112019 111/2020 COMBINED SINGLE LI IT $_ end_ _ 2.Q4D.4Q4__ _ X ANY AUTO BODILY INJURY(Per person) S - ALL OWNED SCHEDULED ----- ___. AUTOS AUTOS BODILY INJURY(Per accitlenl) $ IN PROPERTY DAMAGE __. W.. _ HIRED AUTOS AUTOS P_gLa,�SiQen $ _ D0duc141I0 SIR $500,000 A UMBRELLA LIAB OCCUR XPE4058203 1/7/2019 i 1/t 12020 EACH OCCURRENCE 523,000,000 8 l-- - 03059914 1/1/2019 1/1/2020 A OCCURRENCE C X I EXCESS LIAR CLAIMS-MADE MPEIEV0073190 1/1/2019 111,2020 AGGREGATE $23,000.000 D — — -- -- PEXS1015119 1I112018 1/1/2020 -- - - --- I DED RETENTIONS I S A WORKERS COMPENSATION SP4059829 ' 1/1/2019 111/2020 X STATUTE_ Efj AND EMPLOYERS'LIABILITY --- ---- —-- --- ANY PROPRIETCWPARTNEWEXECUTIVE YIN i EL EACH ACCIDENT $1,000,000' OFFICER/MEMBER EXCLUDED? ❑(NIA i --- - (Mandatory In NH) E.L DISEASE-EA EMPLOYE $1,000,000 If yes,describe under --- - - , �" --------_-.- DESCRIPTION OF OPERATIONS Wow EL DISEASE-POLICY LIMIT S 1,000,000 A Stop Gap GL4058201 1/112019 1/1/2020 Each Occurrence $2,000,000 Aggregate $4,000,000 Deductible S500.0co I DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Work Comp has a$500,000 SIR RE:To obtain a permit for limited use of PSE operating property CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Puget Sound Energy ACCORDANCE WITH THE POLICY PROVISIONS. Alex Malesis,Senior Real Estate Representative P.O.Box 97034/EST-06E(AEM) AUTHORIZED REPRESE TIVE Bellevue WA 98009 s��`�`� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD