HomeMy WebLinkAboutTrans 2011-02-22 Item 2C - Relocation Agreement - Tukwila Urban Center Access (Klickitat) with Puget Sound Energy .JAW a „t 4s\
o City of Tukwila
"f Jim Haggerton, Mayor
TM z
_1908 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director f
DATE: February 22, 2011
SUBJECT: Tukwila Urban Center Access (Klickitat) Proiect
Project No. 98410419
Facility Relocation Agreement with Puget Sound Energy
ISSUE
Approve a Facility Relocation Agreement with Puget Sound Energy (PSE).
BACKGROUND
In January 2011, the construction contract for the Tukwila Urban Center Access (Klickitat) Project was executed. The
Contractor intends to begin the major work on the project in late March. During January and February, the City has
been working with the project designer, HNTB, to conduct some additional utility location work to ensure that any
outstanding conflicts are identified and resolved prior to the Contractor breaking ground.
Two conflicts have been identified early in this process that could have significant time impacts on the Contractor's
work. These include a large PSE switch cabinet (and adjacent facilities) located on the southwest comer of the
Westfield Southcenter Mall property and a PSE vault located adjacent to the Legacy Partners building. The switch
cabinet conflicts with the construction of the wall adjacent to Strander Boulevard. The vault near Legacy Partners is
too high and must be lowered to grade prior to roadway widening.
DISCUSSION
Both of these conflicts are located on utility easements, which are not under the franchise agreement. For this reason,
the City is required to pay for PSE's facility relocations. The relocation of these facilities is for a not to exceed amount of
$231,000.00. The agreement requires PSE to bill their actual costs with approximately 25% of the costs for materials
needed to reconstruct the facilities. The remaining costs are attributable to labor for approximately 5 to 6 weeks of work
for a full crew for the complicated switch relocation. Budget for the PSE's relocation will come from the $16,750,000.00
currently budgeted in the 2011 CIP (page 13).
PSE is responsible for notifying and coordinating with its customers for power outages and are committed to completing
this work while providing the least impact to its customers. The City's construction contractor is still required to conduct
additional potholing and identify any other utility conflicts on the project. However, it is vital to get these conflicts
resolved early in the project because of the long lead time necessary to move the facilities and to ensure that our
contractor is not delayed. Upon execution of the attached Facility Relocation Agreement, Puget Sound Energy will
immediately commence work.
RECOMMENDATION
The Council is being asked to approve the Facility Relocation Agreement with PSE for the not to exceed amount of
$231,000.00 for the Tukwila Urban Center Access Project and consider this item at the February 28, 2011 Committee
of the Whole meeting and subsequent March 7, 2011 Regular Meeting.
Attachment: PSE Facility Relocation Agreement
W:IPW Eng1PROJECTSIA- RW RS Projects \84RW19 TUC Access (Klickitat)1Constructionllnfo Memo for PSE Agreement, gl, 2-15-11 docx
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of February 7, 2011, is made and entered into by and
between Puget Sound Energy, Inc., a Washington corporation "PSE and Tukwila
"Government Entity PSE and the Government Entity are sometimes referred to herein
individually as a "Party" and collectively as the "Parties."
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and
convenient to the transmission and distribution of electricity and natural gas "Facilities that
are located on or in relation to certain operating rights "Existing Operating Rights The
Facilities and Existing Operating Rights are more particularly described on Exhibit A
attached hereto and incorporated herein by this reference.
B. The Government Entity plans to construct improvements to Southcenter
Parkway beginning approximately 700 feet south of Strander Boulevard and extending north,
roughly to the point where the road bends east and becomes Tukwila Parkway. The project
also extends 400 feet east from Southcenter Parkway on Strander Boulevard, and includes the
temporary closure of the Klickitat Drive freeway crossing of Interstate 5. "Improvements
C. In connection with the Improvements, the Government Entity has requested
that PSE perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work all in accordance with
and subject to the terms and conditions of this Agreement, and any applicable tariff on file
with the Washington Utilities and Transportation Commission (the "WUTC
D. The Government Entity has provided to PSE a written plan for the
Improvements (the "Improvement Plan") which includes, among other things, (a) plans and
specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and
perform the Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information
concerning possible conflicts between PSE's Facilities and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to
this Agreement.
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1.2 Performance of Relocation Work. PSE shall perform the Relocation Work
subject to the terms and conditions of this Agreement and any applicable tariffs on file with
She WUTC.[ PSE shall perform the Relocation Work in accordance with the schedule Deleted: S
provided in B (the "Relocation Schedule") with reasonable diligence in the ordinary :comment [SS1] Non negotiable
work'`the work
course of its business and in light of any operational issues as to the remainder of its utility we arePeying for the
Shall be performed. a
systems that may be influenced by the Relocation Work. PSE shall have no liability to the
Government Entity or any third party, nor shall the Government Entity be relieved or released
Deleted: efforts to PSE shall us ti Wo
efforts to perform the Relocation Work
from its obligations hereunder, in the event of any delay in the performance of the Relocation Deleted:
Work due to any (a) repair, maintenance, improvement, renewal or replacement work on
PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole
discretion; or (b) actions taken by PSE which are necessary or consistent with prudent utility
practices to protect the performance, integrity, reliability or stability of PSE's utility systems
or any systems to which such systems are connected.
1.3 Adjustments to the Relocation Work. PSE shall notify the Government
Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including
the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
1.4 Performance by Government Entity. In the event the Government Entity is
unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable
satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use
reasonable efforts to adjust the Relocation Schedule to allow additional time for the
Government Entity to perform such obligations; provided, that if the Parties cannot
reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate
this Agreement by giving written notice to the Government Entity, and the Government
Entity shall promptly pay PSE the amounts payable to PSE in connection with such
termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any
such condition under this Agreement shall not be deemed to be a determination of
satisfaction or waiver of any other condition arising under this Agreement.
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1.5 Notice to Proceed with Construction Work.
PSE is hereby granted notice to proceed with this construction work upon execution
of this Agreement by both parties. PSE will schedule crews as soon as practically possible Deleted: a
after receiving such notice. Should the Government Entity terminate this Agreement by
written notice to PSE, in the event of such termination, the Government Entity shall promptly
pay PSE the amounts payable to PSE in connection with termination under Section 5.5.
ection 2.. O perating Rights.
Unless otherwise providedfor in Exhibit B the Government Entity shall be solely
responsible for the acquisition of, and any costs related to acquisition of any and all operating
rights for the Facilities that are necessary or appropriate, in addition to or as replacement for
the Existing` Operating Rights,`for completion of the Relocation Work (''New Operating
Rights Such New Operating Rights shall be PSE's name, shall be of equivalent quality
and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE;
all as determined by PSE jp,its sole discretion 3 The New Operating Rights shall be,provided
with sufficient title information demonstrating to PSE's satisfaction'' that PSE shall obtain
clear, good'and sufficient title to such rights, if applicable PSE sha11 not be obligated to
commence the RelocationWork, or otherwise in any way:change limit curtail impair or
otherwise affect the normal and reliable operation of the Facilities as located uponor relative
to°the Existing Operating Rights, unless and until PSE is in possession of the ig
R ights. Comment [S52j: This wouid appear
to be' a moot provision, as all of the work
is being completed within thetreasenient`
Section 3. Permits. and our ROW, correct? Not the end of
world if it remnrnsift
The Government Entity shall be solely responsible for the acquisition of, and any
costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews,
impact statements, determinations, authorizations, exemptions or any other form of review or
approval given, made, done, issued or provided by any one or more governmental authorities
with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits
PSE shall not be obligated to commence construction for the Relocation Work, or otherwise comment (ss3j: They can ha input_
in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation tato'th he perm but tfwe re paying for
all of t, wor (and permit condtnons
of the Facilities, unless and until PSE is in possession of all Permits necessary for the associated thereto), then they should
erfoim to the pinnit s ectScations
Relocation Work and all rights of appeal with respect to the Permits shall have been semi on negottiable p
exhausted. The Government Entity shall be responsible for performance of and any costs Deleted: The Pennies shall be on such
associated with any mitigation required by the Permits. terms and conditions as PSE shall, in its
sole discretion, determine to be
Section 4. Materials and Ownership appropriate to its needs
Deleted:.
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all
necessary materials, equipment and labor required to perform the Relocation Work. All
materials, information, property and other items provided for, used or incorporated into the
Relocation Work (including but not limited to the Facilities) shall be and remain the property of
PSE.
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Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the
Relocation Work (the "Relocation Cost Estimate which includes the cost of survey
and pothole activity, is $231,000. The Parties agree that the Relocation Cost Estimate
is an estimate only and PSE shall be entitled to reimbursement of all actual costs
incurred in or allocable to the performance of the Relocation Work.
5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to
monitor its actual costs incurred during the performance of the Relocation Work, and
in the event PSE determines that such costs are likely to exceed the Relocation Cost
Estimate by more than twenty percent (20 PSE shall so notify the Government
Entity in writing. In such event PSE may, at its discretion, suspend performance the
Relocation Work and PSE shall not be obligated to continue with performance of any
Relocation Work unless and until PSE receives the Government Entity's written
acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed
with the Relocation Work. In the event PSE does not receive such acceptance and
notice from the Government Entity within ten (10) working days from the date of
PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event
of such termination, the Government Entity shall promptly pay PSE the amounts
payable to PSE in connection with termination under Section 5.5.
5.3 Relocation Costs. The Government Entity shall be responsible for, and shall
reimburse PSE for, all costs and expenses incurred by PSE in connection with the
performance the Relocation Work (the "Relocation Costs For purposes of this Agreement,
the Relocation Costs shall include, without limitation, any and all direct and indirect costs
incurred by PSE in connection with the performance of the Relocation Work, including, but
not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes.
5.4 Statement of Costs Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
5.5 Costs Upon Termination of Agreement. In the event either Party terminates
this Agreement, the Government Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the
Relocation Work (including, without limitation, all Relocation Costs incurred through
the date of termination and such additional costs as PSE may incur in connection with
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its suspension or curtailment of the Relocation Work and the orderly termination of
the Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
5.6 Payment. The Government Entity shall, within thirty (30) days after the
receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the
full amount of the invoice.
Section 6. Indemnification
6.1 Indemnification. The Government Entity releases and shall defend,
indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs
and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising
out of any negligent act or omission or willful misconduct of the Government Entity in its
performance under this Agreement. PSE releases and shall defend, indemnify and hold
harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and
expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of
any negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each Party
shall at all times remain employees or contractors, respectively, that Party and shall not be, or
be construed to be, employees or contractors, respectively, of the other Party.
6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification
obligations of a Party under this Section 6, each Party expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to
any such claim brought against the indemnified Party by or on behalf of any employee of the
indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying
Party from raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
Section 7. Disclaimers and Limitation of Liability
7.1 Disclaimer. PSE makes no representations or warranties of any kind, express
or implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to any implied warranty of merchantability or fitness Comment [SS4]:demnifiaehon,
provision i?iuffiCieg. Non negotiable I
for a particular purpose or implied warranty arising out of course of performance, course of
Deleted: 7.2 Limitation of Liability.
dealing or usage of trade. In no event shall PSE be liable, whether
in contract, warranty, tort or otherwise, to
;Section 8. Miscellaneous any other party or to any other person for
any indirect, incidental, special or
consequential damages arising out of the
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable performance or nonperformance of the
tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any Relocation Work or this Agreement
Deleted: .1
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conflict or inconsistency between any provision of this Agreement and any such tariff, the
terms of the tariff shall govern and control.
8.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this
Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and
following termination of this Agreement neither Party shall have any further obligations
arising under this Agreement and this Agreement shall be of no further force or effect.
8.3 Waiver. The failure of any Party to enforce or insist upon strict performance
of any provision of this Agreement shall not be construed to be a waiver or relinquishment of
any such provision or any other provision in that or any other instance; rather, the same shall
be and remain in full force and effect.
8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth
the complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
8.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental
agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its
contractors or a third party; or any failure or delay in the performance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
8.6 Enforceability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or
other communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address and
to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
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8.8 Governing Law. This Agreement shall be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Washington. This
Agreement shall be fully binding upon the Parties and their respective successors, assigns and
legal representatives.
In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE: Govemment Entity:
Puget Sound Energy, Inc.
By By
Its Its
Address: Address:
Attn: Attn:
Date: Date:
Job Number: Job Number:
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EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS:
1. Switch Cabinet, adjacent splice vault, nearby splice vault to the south, and
associated cable and conduit located at the NE corner of Southcenter Parkway and
Strander. These facilitites are located on a private easement, described as AF#
8101070484 rectangular(ish) shaped easement in the SW corner of the Westfield
Mall property (920247 -0010) which covers V06, V07, V08 and V09 on PSE's design.
2. Cable and conduit in conflict with future wall that feeds South Center Mali
3. Vault located in the property frontage area of Double Tree and Legacy Partners.
The vault is located on private easement, described as AF# 6376189 5' strip for UG
electric (modified version of AF# 6320873) on the Legacy Partners and DoubleTree
properties (262304 -9021 and 643730 -0020)
Also see: AF# 7908210822 covers the west 15' and the south 15' of the Legacy Partners
property (262304 -9021
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EXHIBIT B
RELOCATION WORK
1. PSE to relocate switch located in NE Corner of Southcenter Parkway and Strander as
described in Exhibit A.
The work to include the following:
The associated switch and vault will be relocated within the existing easement to
avoid conflict with the new wall. An existing distribution vault will be eliminated.
The large pulling vault adjacent to the switch being relocated will remain in place.
However, the existing vault will need to be modified to accommodate the city's new roadway
improvements, including a traffic bearing lid and additional riser(s).
Cables served from the switch to be relocated will also need to be relocated deeper to
go under a new retaining wall.
Feeder cables serving the Westfield Mali will need to be relocated deeper to go under
a new retaining wall. PSE will install a new splice vault in the existing easement to intercept
cables. This will also help reduce outage time and cost to the project.
2. PSE to relocate vault located at Double Tree and Legacy Partners Property frontage as
described in Exhibit A.
The work to include the following:
The existing vault will be relocated to the east within the existing PSE easement. The
easement also contains underground primary high voltage cables and conduit.
Bollards will be installed to protect equipment and operational clearances around the
existing vault located further east in an existing landscaped area. The vault will be located in
a parking area after the existing parking is reconfigured to accommodate the city's project.
3. Work in both sections are assumed to be straight time work, site accessable and
available for continuous work, and sod removed from easements. No flagging is
assumed for work at the vault near the Double Tree Hotel.
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