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HomeMy WebLinkAboutCAG2019-432 - Original - Puget Sound Energy - Joint Trench Agreement: Install Gas Facility for LID 363 - 10/07/2019 Agreement Routing Form KENT For Approvals, Signatures and Records Management WASHINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Derek Hawkes Department: Public Works Date Sent. 10/1/19 Date Required: 10/8/19 �o o Authorized ❑ Director or Designee Date of ato Sign: Ma or Council N/A 4 2 y Approval: Budget R90101 Grant? ❑ Yes No Account Number: Type: N/A Vendor Name: Puget Sound Energy Category: Contract C Vendor 37086 Sub-Category a Number: R Project S Name: LID 363: S. 218th St. Project 1.0 Project C Details: Construction of a joint utility trench. c 0 Agreement Basis for y Amount: $40,883.13 Selection of i Contractor. Q Start Date: Mayor's signature Termination Date: 3/31/20 Notice required prior to es No disclosure? Y ❑ ❑ Contract Number: G�(s Iq, y. ty ne : Comments: 171 c 0 cc m� - m LAW DEFT. RECEIVED pn Date Routed to the Mayor's Office: d Date 5outed to the City Clerk';Office: � /e// City of Kent Date Sent to Originator: Offilee of the Mayor Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373 6 19 JOINT TRENCH AGREEMENT Between the City of Kent and Puget Sound Energy Installation of Gas Facilities for the L.I.D. 363 - S. 218th Street Project (88th Avenue S. to 95th Place S) 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. 218th Street. B. PSE would like to construct a new gas main at the same time the City is making the right-of-way improvements. C. The construction of a new gas main requires trenching within the right-of-way and the parties recognize the efficiencies of digging a joint utility trench ("Trench") concurrently with the right-of-way improvements and PSE shall pay for their portion of the costs associated with this Trench. AGREEMENT To facilitate construction of a joint utility trench, the parties agree as follows: 1. SCOPE OF WORK The City of Kent advertised for construction bids and has entered into a contract with a contractor for the construction of a Trench which includes Comcast, Verizon, PSE power and PSE gas facilities. This Trench will be located along the south side of S. 218th Street beginning at 88th Avenue S. and ending at 95T" Place S. as referenced in the plan sheet attached as Exhibit A and incorporated by this reference. It is anticipated that there will be one (1) trench crossing of S. 218th Street to allow for PSE gas to serve customers on the north side of S. 218TI Street. 2. TERM AND TERMINATION. This Agreement shall commence on the date last signed below (the "Effective Date"), and shall continue until March 31, 2020, unless earlier terminated pursuant to this Agreement. JOINT TRENCH AGREEMENT-Page 1 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 218th Street) If either Party defaults in the performance of its obligations herein, notice shall be given by the non-defaulting Party of its intent to terminate the Agreement for cause, to be effective thirty (30) days thereafter, unless that cause is cured within thirty (30) days after the defaulting Party receives such notice. 3. 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 separate contract with the City, will be responsible for constructing the Trench and installing Comcast, Verizon, PSE power and PSE gas facilities; accommodating and coordinating the installation of PSE facilities; installing the bedding material, backfilling and compacting the Trench; 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. 4. RESPONSIBILITY OF THE PARTIES 4.1 Drawings. PSE shall provide engineering drawings, specifications, construction standards, estimated material quantities, and cost estimates to the City for the underground installation of PSE's gas facilities. The drawings shall show in detail the location and elevation of the gas main and appurtenances. 4.2 Provision of Main and Appurtenances. PSE shall install its gas main in the Trench and perform all work outside the Trench; and shall schedule all deliveries and installations in a timely manner as outlined in Section 4.4, so as not to delay the Contractor. 4.3 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. JOINT TRENCH AGREEMENT-Page 2 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 218th Street) 4.4 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 5.5. 4.5 Surveys. The City shall provide the survey for the location of the Trench. 4.6 Title to Facilities. All rights, title and interest in the facilities and associated equipment shall at all times remain with PSE. 5. COMPENSATION 5.1 Trench costs. PSE shall pay the City for the Trench costs, including street crossings, as shown in Exhibit B. 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. 5.2 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. 5.3 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. 5.4 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. JOINT TRENCH AGREEMENT-Page 3 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 218th Street) 5.5 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. 5.6 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. 5.7 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 incurred by the City or the Contractor in constructing the Trench and as set forth in this Section 5. 5.8 Defective or Unauthorized Work. (a) 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 and reimburse the City as invoiced. 5.9 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. 6. 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 (twenty-four) 24 hours from the time it receives the JOINT TRENCH AGREEMENT-Page 4 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 218rh Street) 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. 7. INDEMNIFICATION; LIENS AND ENCUMBRANCES. 7.1 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. 7.2 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 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 or its Contractor. 7.3 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. 7.4 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. 8. INSURANCE. 8.1 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 JOINT TRENCH AGREEMENT-Page 5 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 218th Street) 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 $5,000,000.00 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 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. 8.2 Deductibles / Certificate of Insurance. Any deductible of the policies shall not in any way limit Contractor's liability to the City. 8.3 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 JOINT TRENCH AGREEMENT-Page 6 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 21801 Street) (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. 8.4 Acceptability of Insurers. The insurance obtained by Contractor shall be placed with insurers with a Best's rating of no less than "A VII." 8.5 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. 9. 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 terms and conditions of this Agreement shall not control any future undergrounding projects that may be required by the franchise. 10. MISCELLANEOUS. 10.1 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. 10.2 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 10.3 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 JOINT TRENCH AGREEMENT-Page 7 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 218rh Street) be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 10.4 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 7 of this Agreement. 10.5 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. 10.6 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. 10.7 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. 10.8 Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer or partnership is created by this Agreement. No party hereto 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 any obligation or expense whatsoever of another. 10.9 Force Majeure. 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 an event of"force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. 10.10 Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal JOINT TRENCH AGREEMENT-Page 8 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 218th Street) statements by any representative of the City, and those statements shall not be construed as forming 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 of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. PUGET SOUND ENERGY CITY OF KENT Print Name:��csm,, Ir�.T_ Print Name: Title: Title: DATE:9/3b�/� DATE: 01 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: PUGET SOUND ENERGY CITY OF KENT Puget Sound Energy City of Kent 6905 S 228T" St. 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 Attn: Jason Airey Attn: Chad Bieren (253) 437-6701 (Desk) (253) 856-5534 (Desk) (206) 348-9637 (Cell) (253) 856-6500 (Fax) With a copy to: Puget Sound Energy APPROVED AS TO FORM: 6905 S 228T" St. Kent, WA 98032 �• Attn: Glenn Helton Kent Law Department P:\Public\PROJECTS\_In Construction\14-3010 S 224th Street Project Phase II\30 Utilities\30.2 Puget Sound Energy (Gas)\PSE Gas Joint Uility Agreement\Final JointTrenchAgreement-PSE Gas West JUT - 09-30-19.docx JOINT TRENCH AGREEMENT-Page 9 (September 30, 2019) (between City of Kent and PSE Gas Re: S. 2181h Street) 1 l I I I i � t 1l a ut j �4MLn a j) x t -- COMCAST TRENCHING REQUIREMENTS 1 rn 'S 218TH ST CENTURVTJNK TRENCHING REQUIREMENTS PSE TRENCHING RE IR ENTS g PSE GAS MAIN REQUIREMENTS In i P W ^ d � � tier I M # �1 / i r S 222ND ST i � I r I i --- i daNr TRENCH t.ocAnoN i a f_ I City of Kent S 224TH STREET PROJECT Public Works Department 88TH AVE S/S 218TH ST KENT` Engineering Division JOINT TRENCH EXHIBIT A EXHIBIT B S. 218th Street PSE Gas Main 93rd Avenue S. to 95th Avenue S. Joint Trench Cost Estimate Contractor: September 18, 2019 Scarsella Bros., Inc. By: Ken Langholz PO Box 68697 Seattle,WA 98168-0697 ITEM DESCRIPTION QTY UNIT UNIT TOTAL NO. PRICE AMOUNT 1000 Mobilization 1 LS 2,800.00 $2,800.00 1050 Saw Cut Existing Asphalt Concrete Pavement 60 LF 3.50 $210.00 1100 HMA Class 1/2",PG 58V-22 4 TON 92.00 $368.00 1315 Pothole Utilities 2 EA 500.00 $1,000.00 5005 Traffic Control Labor 80 HR 65.00 $5,200.00 5015 Traffic Control Supervisor 40 HR 80.00 $3,200.00 5020 Temporary Traffic Control Devices 0.05 LS 5,000.00 $250.00 6011 Joint Utility Trench (2 Ft. Wide,3 Ft. Cover) 735 LF 9.10 $6,688.50 6015 Crushed Surfacing Top Course, 5/8"Minus 50 TON 22.50 $1,125.00 6036 Sand for Conduit Bedding 120 TON 33.25 $3,990.OD 6085 Gravel Borrow,Including Haul&Compaction 250 TON 17.50 $4,375.00 6155 Shoring or Extra Excavation Class B 3,000 SF 0.50 $1,500.00 7030 ESC Lead 10 HR 100.00 $1,000.00 7055 Erosion/Water Pollution Control 0.05 FA 20,000.00 $1,000.00 SUB TOTAL $32,706.50 10%SALES TAX $3,270.65 TOTAL CONSTRUCTION $35,977.15 15%COSTT. ENGINEERING/INSPECTION COSTS $4,905.98 TOTAL TRENCH COSTS $40,883.13 TOTAL TRENCH LENGTH 735 TRENCH COST PER LINEAL FOOT $55.62 Note: This estimate includes only the gas main along S. 218th St. from 93rd Ave. S. to the crossing between 94th Place S. and 95th Place S., including the crossing.