HomeMy WebLinkAboutCAG2021-266 - Original - Puget Sound Energy, Inc. - Rock Creek Culvert Replacement (Electric) - 07/27/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Mayor or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received: City Attorney:
Comments:
Date Routed: Mayor’s Office City Clerk’s OfficeAgreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Local Business? Yes No*
Business License Verification:
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Yes In-Process Exempt (KCC 5.01.045)
Notice required prior to disclosure?
Yes No
Contract Number:
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms. (Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
Agreement Routing Form
For Approvals, Signatures and Records Management
(Optional)
Basis for Selection of Contractor:
* Memo to Mayor must be attached
Termination Date:
Authorized to Sign:
06/04/2021 - returned via email to Nancy
& Steve for fully executed version. M.M.
DATE: June 1, 2021
TO: Kent City Council
SUBJECT: Summit Landsburg Road Puget Sound Energy Electrical
Agreement - Authorize
MOTION: Move to authorize the Mayor to sign an Electrical Relocation
Agreement for $157,669.86 with Puget Sound Energy for the Rock Creek
Culvert Replacement at Summit Landsburg Road, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: In 2010, the City entered into an agreement with the National Marine
Fisheries Service and the United States Fish and Wildlife Service to implement a
series of habitat conservation measures (HCM’s) in the Rock Creek Watershed in
exchange for agency support on future renewals of the City’s water-right at Clark
Springs.
One of these HCM’s is the replacement of the Rock Creek Culvert at Summit
Landsburg Road. This project is intended to remove a barrier to fish passage. The
replacement project includes removal of the existing culvert, construction of a fish
passable bridge and related habitat improvements.
This work will require relocation of electrical facilities owned and operated by Puget
Sound Energy within the right-of-way of Summit Landsburg Road. PSE intends to
relocate their facilities by boring them under Rock Creek. Portions of this work will
occur in unincorporated King County, outside of the City’s franchise authority.
This agreement allows for PSE to be reimbursed by the City for portions of their
work occurring in unincorporated King County. The engineer’s opinion of probable
cost for this work is $157,669.86.
BUDGET IMPACT: This relocation work will be paid for out of the City’s Water Fund
using previously allocated funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1.Kent (Rock Creek) Electric Relocation Agreement-Municipality (PDF)
05/25/21 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 6/1/2021 7:00 PM
Form last revised 8/30/02 Page 1
FACILITY MODIFICATION/RELOCATION AGREEMENT
THIS Facility Modification/Relocation Agreement (“Agreement”), dated as of this
____ day of ______________, 2021, is made by and between PUGET SOUND
ENERGY, Inc., a Washington corporation (“Company”), and the City of Kent, a
municipal corporation of the State of Washington (“City”). The Company and the City
are sometimes referred to herein collectively as the “Parties”.
RECITALS
A. The Company owns and operates certain facilities: A 12.47 kV single phase
power distribution system, associated poles and equipment, and secondary voltage
wires/cables. (Such facilities are collectively referred to herein as “Facilities”). Some or
more of the Facilities occupy and use a portion of the Company’s fee owned property
known as King County Right of Way (“County Right of Way”). Some or more of the
Facilities are within City of Kent Right of Way (“City Right of Way”) governed by a
Franchise Agreement with the City of Kent.
B. The City plans to construct improvements to the culvert for Rock Creek
crossing under SE Summit-Landsburg Rd (“Improvements”). Some or more of the
Improvements cross over, under, along, in, upon, and through the County Right of Way
and City Right of Way.
C. The Improvements necessitate the modification and/or relocation of the
Facilities. In connection with the Improvements, the City has requested the Company to
modify and/or relocate a portion or portions of the Facilities to ensure proper operating
clearances are maintained between such Facilities and the Improvements in accordance
with prudent utility practices (“Relocated Facilities”). Acquisition of additional and/or
new operating rights sufficient for the Facilities (including the Relocated Facilities) may
also be necessary.
D. The Parties desire to enter into this Agreement to govern the engineering,
design, construction and installation of the Relocated Facilities.
July27th
Form last revised 8/30/02 Page 2
AGREEMENT
Now, therefore, the Parties agree as follows:
1.Facilities Modification
1.1 Scope of Work
The following is the scope of work for the Relocated Facilities: Remove existing
pole, equipment and overhead electrical wire in conflict with proposed bridge, install new
poles on both sides of bridge, horizontal directional drill in new 6” power conduit
between new poles, pull in new single phase 1/0 primary cable, install new overhead wire
to maintain system continuity, and replace single electric service in conflict with bridge
approach. (“Work”). The design for the Work will meet the Company’s engineering
design standards and all required approval by government authorities.
1.2 Obligations of the City
The City shall coordinate with the Company concerning the design and
construction of the Improvements and the Relocated Facilities within County Right of
Way, and shall, at its expense, provide final restoration. For the design and construction
of the Improvements and Relocated Facilities within City Right of Way, the City shall
coordinate with the Company per the terms of franchise agreement.
1.3 Obligations of the Company
The Company shall coordinate with the City concerning the design and
construction of the Relocated Facilities and the Improvements and shall design and
perform the Work, except for any of the Work to be performed by the City.
1.4 Work Schedule
Prior to the commencement of the Work, the Company and the City shall
mutually agree upon a schedule that sets forth milestones for completing the Work
(“Work Schedule”). The Work Schedule may be revised from time to time by mutual
agreement of the Parties.
The Company shall perform the Work in accordance with the Work Schedule,
provided, however, that the ability of the Company to perform the Work is subject to any
and all conditions placed upon the Company by governing jurisdictions. The Parties
Form last revised 8/30/02 Page 3
acknowledge that delays caused by any jurisdictional agency or property owner from
whom permits, easements, and other operating rights are required may occur. So long as
the Company exercises reasonable effort to perform the Work in accordance with the
Work Schedule, the Company shall not be liable to the City (or its agents, servants,
employees, contractors, subcontractors, or representatives) for any claims, actions,
damages, or liability asserted or arising in connection with the Work Schedule.
1.5 Ownership of Facilities
The Company shall own, operate, and maintain all Relocated Facilities installed
pursuant to this Agreement.
1.6 Permits
The Parties acknowledge that the governing jurisdictions require the Company to
secure the following permits prior to commencement of the construction necessary to
complete the work: The Company is to obtain City of Kent and King County right of way
permits. The Parties acknowledge that the City will obtain and provide any environmental
permits necessary to complete the Work at no cost to the Company.
2. Costs
2.1 General
The City shall be responsible for, and shall reimburse the Company for, all of the
costs and expenses necessarily incurred for or allocable only to the Work in County Right
of Way. For the purposes of this Agreement, “Costs and Expenses” shall include,
without limitation, all of any and all actual direct or indirect costs necessarily incurred or
reasonably allocated to this Agreement or its performance, including, but not limited to,
the cost of labor, personnel, consultants, attorneys and other professionals, travel,
printing, supplies, taxes, permits, approvals, assessments, inspections, tests,
transportation, material, supplies, equipment, tools, utilities, services, rental charges,
consumables, premium for bonds or insurance, disposal costs, overhead, administration
and general expenses, and any other charges authorized by applicable tariffs for work
occurring in County Right of Way. The relocation of Facilities within City Right of Way
shall be at PSE’s sole expense.
Form last revised 8/30/02 Page 4
2.2 Payment
Upon completion of the Work to be performed by the Company pursuant to
paragraphs 1.1 through 1.3 above, the Company shall deliver to the City a written
statement of the actual Costs and Expenses to design and perform the Work. Within
forty-five (45) days after the receipt of such statement, the City shall remit to the
Company a payment equal to the amount of all of the actual Costs and Expenses
occurring in County Right of Way
2.3 Estimate of Costs and Expenses
As of the date of this Agreement, the estimate for all Costs and Expenses to
perform the Work in in the County Right of Way and in accordance with this Agreement
is One Hundred Fifty Seven Thousand Six Hundred Sixty Nine Dollars and Eighty Six
Cents ($157,669.86) (“Estimate”). This Estimate does not affect or limit the
recoverability by the Company of any actual Costs and Expenses in excess thereof.
The Parties further agree that the foregoing Estimate is subject to change for
reasons that include, but are not limited to, the following:
a) the City revises its construction plans for the Improvements in a manner
that requires the Company to revise its construction plans for the Relocated Facilities
(“Revision”); or
b) the City (or its agents, servants, employees, contractors, subcontractors, or
representatives) cause delays in the Company’s installation of the Relocated Facilities; or
c) Construction has not started within ninety (90) days from the date of this
Agreement.
2.4 Change Order Proposals
If the estimated Costs and Expenses for a Revision are greater than 10% of the
Estimate herein, the Company shall require the City to sign a Change Order Proposal
describing the Revision and the estimated Costs and Expenses associated with said
Revision, but only for Revisions in the County Right of Way. The City shall be
responsible for, and reimburse the Company for, all of the actual Costs and Expenses of
the Revision in the County Right of Way pursuant to paragraphs 2.1 through 2.3.
2.5 Costs Upon Termination of Work
Form last revised 8/30/02 Page 5
In the event that the City decides to voluntarily cancel the Improvements or the
Work to be performed under this Agreement, the City shall reimburse the Company for
all costs reasonably incurred by the Company in connection with the Work prior to the
date the Company is notified by the City in writing of such cancellation.
3.Limitation of Liability
The Company’s liability in connection with the Work hereunder shall be limited
to property damages or personal injuries caused by the intentional or negligent acts of the
Company, its employees or agents, limited to the extent of negligence attributable to the
Company, its employees or agents. In no event shall the Company be liable for any
consequential, indirect, special, or incidental damage, nor shall the Company be liable for
injuries or damages of any kind that arise from causes beyond the control of the
Company, including but not limited to acts of God, weather, labor disputes, procurement
delays, delays in plan or permit approvals, or other third party actions.
4.Indemnity
The City releases and shall defend, indemnify, and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs, and expenses (including, but not
limited to, reasonable attorneys’ fees) caused by, arising out of, or in connection with the
performance of the City’s duties under this Agreement. During the performance of such
activities the City’s employees shall at all times remain employees of the City.
The Company releases and shall defend, indemnify, and hold the City harmless
from all claims, losses, harm, liabilities, damages, costs, and expenses (including, but not
limited to, reasonable attorneys’ fees) caused by, arising out of, or in connection with the
performance of the Company’s duties under this Agreement. During the performance of
such activities the Company’s employees shall at all times remain employees of th e
Company.
In witness whereof, the parties have executed this Agreement as of the date set
forth above.
Form last revised 8/30/02 Page 6
CITY OF KENT PUGET SOUND ENERGY, INC.
By By
________________________________ ______________________________
Its Its
_______________________________ ______________________________ Mayor