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HomeMy WebLinkAboutCAG2023-648 - Original - Puget Sound Energy, Inc. - S. 224th Street Corridor Phase III, Schedule 74 - 12/21/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Karin Bayes/Mark Madfai Public Works Date Sent: Date Required: > 12/15/2023 12/22/23 O fl. Mayor or Designee to Sign. Date of Council Approval: a Q Interlocal Agreement Uploaded to Website 12/12/23 Budget Account Number: Grant? Yes[:] No[:] R90110 Budget?❑Yes❑No Type: N/A Vendor Name: Category: PSE Contract Vendor Number: Sub-Category: = Original O Project Name: S. 224th Street Corridor Phase 3 Project Details: Widen S. 218th St./98th Ave S to 3 lanes and install compact roundabout at 98th & O 216th. C This contract is for work related to temporary pole location necessitated by the project. _ O Agreement Amount: $147 Basis for Selection of Contractor: N r180 *Memo to Mayor must be attached °.' Start Date: 12/21/2023 Termination Date: 03/31/2024 Q Local Business?❑Yes❑No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locof Exceptions"form on Cityspace. Business License Verification: ❑Yes❑In-Process❑Exempt(KCC 5.01.045) El Authorized Signer Verified Notice required prior to disclosure? Contract Number: ❑Yes❑No CAG2023-648 Comments: Reimbursement agreement for temporary pole relocations. �a a� 3 0 a, cc Date Received:City Attorney: 12/15/23 Date Routed:Mayor's Office 12/21/23 City Clerk's Office 12/21/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT W A S H I N G T O N DATE: December 12, 2023 TO: Kent City Council SUBJECT: South 224th Street Corridor Phase 3 - PSE Schedule 74 Agreement - Authorize MOTION: I move to authorize the Mayor to sign the PSE Schedule 74 Construction Agreement for the South 224th Street Corridor Phase 3 project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The South 224th Street Phase 3 Project will consist of widening the corridor from 94th Place South to 99th Avenue South. Improvements include a new turn lane, widened shoulders, curbs, gutters, sidewalks, planter strips, and a roundabout at the intersection of 98th Avenue South and South 216th Street. To complete the project, existing overhead utilities need to be relocated underground in accordance with the City's utility undergrounding ordinance. Undergrounding of PSE power facilities will be included as part of the project, communication companies will be undergrounding their facilities independently and in advance of the project. The Schedule 74 Agreement identifies that PSE will be responsible for 60% of the costs to underground its utility, while the City is responsible for 40% of the costs; exclusive of trenching, backfill and restoration, which are paid for by the City. The total cost to underground PSE's facilities is $1,309,390.07. The City's 40% share of this cost is $368,135.63, and after deducting for the value of the duct and vault the City is supplying for PSE's facilities, the amount due PSE by the City is $134,705.03. A breakdown of these costs is attached. This item is being presented to the Committee of the Whole this same night. If this item does not pass out of Committee unanimously, it will be pulled and placed on Other Business. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Evolvina Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Sched 74 Construction Agreement 224th Corridor (PDF) REIMBURSEMENT AGREEMENT This Reimbursement Agreement ('Agreement") is between the City of Kent, a Washington municipal corporation ("City"), and Puget Sound Energy, Inc., a Washington Corporation ("PSE"). RECITALS A. The City will be constructing Phase III of the S. 224' St. Corridor to continue the road improvements along S. 218' St. from 951" PI. S. to 99t" Ave S. (the "Project"). The Project will widen the road to three lanes with shoulders, curb, gutter and sidewalks, planter strips, storm drainage, and lighting. The Project will also include the installation of a new roundabout at the intersection of 9811 Ave. S. and S. 2161" St. and will underground all overhead power lines within the Project limits. B. The Project will require a Schedule 74 agreement with PSE to underground the overhead power lines. However, the Project will also require a temporary relocation of the overhead power lines in advance of undergrounding to avoid conflicts during construction until the overhead system can be removed. This Agreement sets forth the terms under which the City will reimburse PSE for its work to temporarily relocate the overhead power lines. AGREEMENT The City and PSE therefore agree as follows: 1. SCOPE OF WORK 1.1 PSE will relocate three poles approximately three feet back from their current location by shifting or sliding them while keeping the overhead lines intact. Also, PSE will install four temporary poles and remove one existing pole to avoid conflicts with the Project ("Work"). 1.2 The City will reimburse PSE for temporary relocation of the overhead power lines necessitated by the Project. 2. REQUIREMENTS The independent contractor hired by PSE to perform this Work is referred to as "the Contractor" in this Agreement. The Contractor, pursuant to a contract with PSE, will be responsible for completing the Work. PSE represents that any such contract shall further require that the Contractor's Work be performed in a good and workmanlike manner consistent with industry REIMBURSEMENT AGREEMENT- Page 1 of 7 (November 27, 2023) (Between City of Kent and PSE Re: 224th Phase III (West) standards and conducted in conformity with: (i) the applicable procedures and requirements of the parties as described herein; and (ii) all applicable laws, ordinances, and regulations of any governmental authority. The contract will require that the Contractor maintain in full force and effect at its own cost, insurance 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. 3. RESPONSIBILITY OF THE PARTIES 3.1 PSE Coordination. (a) PSE shall maintain continued coordination with the City to complete the Work by March 1, 2024 in advance of the City's contractor beginning work on the Project. (b) PSE shall apply for and obtain a Street Use permit from the City to perform the work and shall coordinate all work with the City's Construction Project Manager. (c) PSE shall pay any claims for additional compensation made under the City's contract for the Project resulting from delays with PSE's Work in accordance with Section 4.2. 3.2 Title to Facilities. All rights, title, and interest in PSE's facilities and associated equipment shall at all times remain with PSE. 4. REIMBURSEMENT AND PAYMENT 4.1 Design and Construction Costs. The City shall reimburse PSE for all final and actual costs incurred by PSE to design and complete the Work ("Actual Design and Construction Costs"). Preliminary costs are estimated at $147,180 attached as Exhibit A. Costs will be finalized after completion of the work to account for the Actual Design and Construction Costs. 4.2 Claims for Damages. PSE agrees to pay the entire cost of any claims under the City's future Project contract for any delay claims that are proximately caused by a delay of PSE's work. 4.3 Invoice. PSE shall submit to the City an itemized invoice for the Actual Design and Construction Costs and any additional change request expenses as set forth in this Section 4. The City shall then have 15 business days to review the invoice and submit notice of any disputed items to PSE. The parties shall work together to resolve any disputes. If the City does not REIMBURSEMENT AGREEMENT- Page 2 of 7 (November 27, 2023) (Between City of Kent and PSE Re: 224th Phase III (West) submit a notice of disputed items, it shall pay PSE within net 30 days of the invoice submittal by PSE. 4.4 Defective or Unauthorized Work. (a) The City reserves the right to withhold payment to PSE for any defective or unauthorized work performed by PSE or its 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 the City's approval. (b) Before withholding payment to PSE, the City shall provide written notice to PSE of any work it believes to be defective or unauthorized. Upon receipt of written notice, PSE shall be afforded 60 days to correct any work it agrees is defective or unauthorized. 4.5 Final Payment/Waiver of Claims. The making of final payment by the parties shall constitute a waiver of claims by PSE, except those previously and properly made and identified by PSE as unsettled at the time request for final payment is made. 5. CHANGES PSE shall submit to the City any changes to perform the Work with a cost estimate. The City shall then have two business days from the time it receives the change and estimate from PSE, within which to respond. Upon agreement, the changes shall only be performed in accordance with a mutually agreed upon schedule with the City Construction Manager so as not to cause delay to the City's Project. 6. INDEMNIFICATION; LIENS AND ENCUMBRANCES Each party shall defend, indemnify, and hold the other party, its 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. The indemnification from PSE to the City shall include all claims, injuries, damages, losses, or suits from third parties, except for injuries and damages caused by the negligence or willful misconduct of the City. 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 REIMBURSEMENT AGREEMENT- Page 3 of 7 (November 27, 2023) (Between City of Kent and PSE Re: 224th Phase III (West) out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, its 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. 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. MISCELLANEOUS 7.1 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. 7.2 Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights within this Agreement, or to exercise any option herein conferred in one or more instances, shall not be construed as a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. 7.3 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 through the jurisdiction, venue, and rules of the King County Superior Court, King County, Washington. 7.4 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 6 of this Agreement. 7.5 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, or three calendar days after the date of mailing by registered or certified mail, if sent in accordance with this Section 7.5. REIMBURSEMENT AGREEMENT- Page 4 of 7 (November 27, 2023) (Between City of Kent and PSE Re: 224th Phase III (West) 7.6 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. 7.7 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. 7.8 Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer, or partnership is created by this Agreement. No party 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. 7.9 Force Majeure. A party will not be in breach of this Agreement if unable to perform its respective obligations 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. 7.10 Entire Agreement. The written provisions and terms 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 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. REIMBURSEMENT AGREEMENT- Page 5 of 7 (November 27, 2023) (Between City of Kent and PSE Re: 224th Phase III (West) 7.11 Effectiveness; Date. This Agreement will become effective on the date it is signed by the last party to sign it. DATED as of the last date set forth below. PSE CITY OF KENT Print Name: Print Name. Dana Ralp Title: SijpPrvisnr- Puhlir. lmprnvPmPnt Title: Mayor DATE: DATE: 12/21/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: PSE CITY OF KENT PSE City of Kent 6905 S 228th St 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 Attn: Chad Bieren Attn: Katie Dierick (253) 856-5534 (Desk) (anti) a-7-7-1Za1 a (nacL, (253) 268-6331 AP ROVED AS TO FORM: Kent Law Department REIMBURSEMENT AGREEMENT- Page 6 of 7 (November 27, 2023) (Between City of Kent and PSE Re: 224th Phase III (West) Exhibit A Tuesday, November 21, PM KATIE Cost estimate 224th relocate of temp poles 2023 DIERICK Quantit Qua Quanti • Description Mult Total PROJECT MANAGMENT 3,654 PSE LABOR-OPERATIONS 3,654 (Unassigned) - 3,654 402200 1 ProjMgmt ProjMgr Ex 32.0 1 32 hour 3,654 402212 1 Project Coord Ex - 1 -hour - ENGINEERING&DESIGN 4,286 PSE LABOR-OPERATIONS 4,286 Jnassigned) - - 4,286 404002 Sr Engineer Ex 4.0 1 4 hour 414 404016 Assoc Engineer Ex 32.0 1 32 hour 2,616 458710 Engr Analyst Ex 16.0 1 16 hour 1,256 ASPLUNDH-QUOTED - - - (Unassigned) I I I 1 - 9999 jAsplundt Misc.Quoted Work I TBD 1 -Isum MATERIALS 9,318 MATERIAL Lump Sum From SAP - 9-11 9999 Materials Cost From SAP 8,000.0 1 Isum 9,318 MATERIAL ITEMS(MATCAT) - - CONSTRUCTION 129,922 (Unassigned) QSC2-117 Third Party Traffic Control(per Each) X 1 each QSC2-800 System Time&Expense-Miscellaneous X 1 each POTELCO-T&E RATES 107,965 Potelco Quoted Labor 107,965 Capital E03 1 Ton Welding Trucks Foreman 80.0 1 80 hour 4,800 Capital E03 1 Ton Welding Trucks Inspector - 1 -hour - Capital E15 13 or 4 Drum Pullers 16.01 1 16 hour 1,059 Capital E18 53-65 Ft Bucket Trucks 80.0 1 80 hour 5,746 E28 Utility Trailers X 80 1 80 hour 943 Capital E44 Line Trucks 80.0 1 80 hour 4,235 E55 Single Drum Pullers 16.0 1 16 hour 787 E62 Vactor Truck 72.0 1 72 hour 12,458 Capital T07 Inspector ST - 1 -hour - Capital T13 Foreman ST 80.0 1 80 hour 18,452 Capital T14 Lineman ST 80.0 1 80 hour 16,586 Capital T14 Lineman ST 80.0 1 80 hour 16,586 T15 Line Equipment Operator ST 72.0 1 72 hour 13,203 Capital T22 jApprentice 5 ST 80.0 1 80 hour 12,965 Capital T35 Storekeeper ST 1.0 1 1 hour 146 AA ASPHALTING-T&E RATES - - 21,957 Potelco Quoted Labor - - 21,957 Capital T03 Flagger ST X 801 1 80 hour 8,578 Capital T03 Fla er ST X 80 1 80 hour 8,578 Capital T27 Flagger Vehicle 1 1 80.01 1 80 hour 4,800 Grand Total 147,180