AG 15-167RETURN TO: MERCEDES EXT: 2701
11713c o1
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1.
ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS
2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA EXT: 2729 3. DATE REQ. BY:ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
CONTRACT AMENDMENT (AG #):15 -167
❑ OTHER
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME:S.352ND STREET EXTENSION PROJECT
6. NAME OF CONTRACTOR: PUGET SOUND ENERGY
ADDRESS: 6905 SOUTH 228TH STREET, KENT, WA 98032
E -MAIL:
SIGNATURE NAME: DENNIS BOOTH
TELEPHONE: (425 )- 417 -9188
FAX:
TITLE:
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / /
8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE:12 /31/2016
9. TOTAL COMPENSATION: $g9 ,13Z. (INCLUDING AMENDMENT # 2 FOR $22,356.33) (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
24
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $
PURCHASING: PLEASE CHARGE To:
�✓OCg -1-1' . 1 1-q.S- 30• (Q
PAID BY: ❑ CONTRACTOR ❑ CITY
10. DOC NT / CONTRACT REVIEW
U PROJECT MANAGER
pe1/IVISION MANAGER
gefsEPUTY DIRECTOR
'6IRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
LAW DEPT
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNED
❑ LAW DEPT
❑ CHIEF OF STAFF
SIGNATORY (MAYOR OR DIRECTOR)
n-eITY-etEttlf-
)4 ASSIGNED AG #
SIGNED COPY RETURNED
❑ RETURN ONE ORIGINAL
COMMENTS:
EXECUTE " ORIGINAL
AG# I5-I(oi-
DATE SENT: I -i° 'I }
1/15
PUGET SOUND ENERGY
To: City of Federal Way
Attn: Naveen Chandra
Project: South 352nd Road Improvement
Description of work:
Change Order Number 2
Date: 1/1812017
Project Number: 101092779
Project Manager: Dennis Booth
This change order is for the installation of a "TUT" Total Underground Transformer on the Corliss
property located at the intersection of 352nd and Enchanted Park Way. The TUT was installed at the
City's request and the costs difference will be 100% city obligation.
Item
Amount Comments
Company
Labor $ _
Mate cats for Pad Mount Transformer $ (13,538)
Materials for TUT $ 20,984
Futrre replacement Cost $ 12,338
Service Provider Outside Services
Operating Rights $
Overhead $ 2,572
PSE Project Management
Company Total $ 22,356.33
Government Entity
Labor
Operating Rights $
Government Entity Totaf $
Total Revision to Estimate $ 22,356
Includes State Sales Tax
Allocation of Revision Total
Company 0% $ _
Government Entity 100% $ 22,358
Total Revision
$
22,356
Note: This Cost Estimate Revision will be effective only when signed by both parties:
Puget SoGn3 •ergy City of ed Way
Signe
Title:
Date:
359E 7-04
(Please sign and return one copy)
Signed: ...�e. \\.o._ _..
Title: Q4 4,34 c. oot• r re-C- A15-
Date: l 119 j ii'1
PUGET SOUND ENERGY
Puget Sound Energy P0 Box 90868 Bellevue, WA 98009 -0868 a subsidiary of PUGET ENERGY
AG 15- 167 - FACLITY RELOCATION AGREEMENT - AMENDMENT # 2 (CHANGE ORDER # 2)
Project: S. 352nd Extension Project
Scope & Budget: An existing Puget Sound Energy (PSE) above ground transformer was located
approximately at the station 95 +10 to the left on parcel with Tax ID # 292104 -9916. The above ground
transformer is within the area of the newly secured right -of -way for the S. 352 "d extension project. The
transformer has to be installed underground underneath the sidewalk due to non - availability of suitable
area to install above ground transformer within the City Right -of -Way. Therefore, City requested the PSE
to install underground transformer (TUT) to accommodate the construction of the project. The cost to
install the underground transformer (TUT) is $22,356.33, which will be added by the amendment # 2 to
the AG 15 -167 — Facility Relocation Agreement. The change order # 2 along with the executed agreement
AG -167- Facility relocation agreement has been attached for reference.
RETURN TO: -y k.),) 061 EXT: 11)- p( 2v
• CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS
2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA EXT: 2729 3. DATE REQ. BY:ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
CONTRACT AMENDMENT ( G #):15 -167
❑ OTHER bko►.�'uh -C, b 1
❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ MAINTENANCE AGREEMENT
❑ HUMAN SERVICES / CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ INTERLOCAL
5. PROJECT NAME:S.352ND STREET EXTENSION PROJECT
6. NAME OF CONTRACTOR: PUGET SOUND ENERGY
ADDRESS: 6905 SOUTH 228TH STREET, KENT, WA 98032
E -MAIL:
SIGNATURE NAME: DENNIS BOOTH
TELEPHONE: (425 )- 417 -9188
FAX:
TITLE:
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / /
8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: 12/31/2016
9. TOTAL COMPENSATION: $ 18 641.00 ¥'
oviolirkki
J s-3, (34. 91 1-1,716.91 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
PURCHASING: PLEASE CHARGE TO: 1-.561S-30-(05 U
10. DOCUMENT / CONTRACT REVIEW
C�''{LP-�ROJECT MANAGER
.� IVISION MANAGER
❑ DEPUTY DIRECTOR
PliIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
JietAW DEPT
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL / DATE SIGNED
❑ LAW DEPT
❑ CHIEF OF STAFF
IGNATORY (MAYO R DIRECTOR)
❑ CITY CLERK
,ASSIGNED AG # AG
SIGNED COPY RETURNED DATE SENT:
❑ RETURN ONE ORIGINAL
COMMENTS:
EXECUTE " 1" ORIGINAL
1/15
PUGET SOUND ENERGY
Change Order Number 1
To: City of Federal Way Date: 5127/2016
Project Number: 101082779
Attn: Naveen Chandra Project Manager: Dennis Booth
Project: South 352nd Road Improvement
Description of work:
Relocate existing conduit and 3 -Phase wire within PSE's existing easement located at the "U-Haul"
driveway" on 352nd.
This change order includes $1,065.62 of PSE project management and PSE engineering.
$4,533.00 in PSE materials.
$10,191.00 In Potelco Labor. Also Included In the Potelco labor Is the line crew shift differential for an
afterhours power outage.
Item
Amount Comments
Company
Labor $
Materials $ 4,533
Equipment $
Inspection $
Service Provider Outside Services $ 11,159 Includes State Sales Tax
Operating Rights $ -
Overhead $ 1,883
PSE Project Management $ 1,066
Company Total $ 18,641
Government Entity
Labor $
Operating Rights $
Government Entity Total $
Total Revision to Estimate
$ 18,641
Allocation of Revision Total
Company 0%
Government Entity 100%
Total Revision
$
$ 18,641
$
18,641
Note: This Cost Estimate Revision will be effective only when signed by both parties:
Puget Soun. rgy City of
Signe --
Title:
Date:
- - /,ti16,
(Please sign and return one copy)
Signed:
Title:
Date: •••'
(� 4
0591 7-04 Puget Sound Energy PO Box 90868 Bellevue, WA 98009 -0868
PUGET SOUND ENERGY
a subsidiary of PUGET ENERGY
AG 15- 167 - FACLITY RELOCATION AGREEMENT - AMENDMENT # 1 (CHANGE ORDER # 1)
Project: S. 352 "d Extension Project
Scope & Budget: Puget Sound Energy underground power line is located in a PSE owned easement along
the southerly side of the S. 352nd street to the west of Enchanted parkway with Parcel Tax ID # 292104-
9096. PSE conduit needs to be lowered at driveway 3 (Easterly Driveway to "U -haul) to construct the
driveway as part of the project. In order to accomplish the work, Scarsella Brothers, Inc. will excavatE
the trench between Station 97 +00 to Station 98 +50 and installing the PSE supplied conduit to relocate
the underground power line at 7 feet deep to facilitate the construction of the driveway to "U- Haul."
PSE sub contractor will pull the new cable from the existing vault at the SW quadrant of the S. 352nd and
Enchanted Parkway Intersection and at the SW quadrant of S. 352nd street and westerly driveway to the
U -haul intersection. Exhibit showing the relocation and change order # 1 along with the executed
agreement AG -167- Facility relocation agreement has been attached for reference.
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MATID: 7859000
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MATID: 7825900
Vault Size
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MA110: 9996162
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RETURN TO: Shawna Ank EXT: 2703
CITY OF FEDERAL WAY LAW DEPARTMENT ROUI:!Jh JUMI J= n
1. ORIGINATING DEPT/Div: PUBLIC WORKS / STREETS
2. ORIGINATING STAFF PERSON: NAVEEN CHANDRA EXT: 2729 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE:
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT Cl SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
❑ OTHER AGREEMENT WITH PSE TO PERFORM POWER RELATED RELOCATION WORK TO BE PERFORMED BY PSE
5. PROJECT NAME: SOUTH 352ND EXTENSION PROJECT (SR 161- SR 99)
6. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE:
E -MAIL: FAX:
SIGNATURE NAME: TITLE:
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # EXP.
8. TERM: COMMENCEMENT DATE:+ U l" pp o ("I .( IJ"110 I `) COMPLETION DATE:
9. TOTAL COMPENSATION: $ 7� (INCLUDE EXPENSES AND SALES TAX, IF ANY
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ / PAID BY: ❑ CONTRACTOR ❑ CITY
❑ PURCHASING: PLEASE CHARGE TO: '3e6- ggel tl /S / -
10. DOCUMENT/ CONTRACT REVIEW
p4ROJECT MANAGER
VISION MANAGER
�i/ , gjEPUTY DIRECTOR
RECTOR
�'�` ❑ RISK MANAGEMENT (W APPLICABLE)
wf-AW DEPT (111:519,
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE �
12. CONTRACT SIGNATURE ROUTING ` -b y `� J19 --
❑ SENT TO VENDOR/CONTRACTOR DATE SENT:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
)c'1� XLAW DEPT
❑ CHIEF OF STAFF
SIGNATORY (MAYOR OR DIRECTOR
CITY CLERK
/ ASSIGNED AG#
(}SIGNED COPY RETURNED
RETURN ONE ORIGINAL
INITIAL / DATE SIGNED
2�
A
DATE SENT: `% S /57
INITIAL/ DATE APPROVED
7(7/( o
COUNCIL APPROVAL DATE: o I t
DATE REC'
COMMENTS:
THE ORIGINAL TEMPLATE PROVIDED BY PSE HAS BEEN MODIFIED TO FIT THE PROJECT CRITERIA. EXHIBIT "A" AND `B" AS SOON DECISION ABOUT
THE WORK IS FINALIZED THE WORK CAN INCLUDE ASSOCIATED WITH BOTH (FORTE AND CORLISS) PROPERTY ONCE THE DECISION OF WORK IS
FINALIZED.
7/2A
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WI
VA
/15
• •
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of 9 & , 2015 is made and entered into by and
between Puget Sound Energy, Inc., a Washington corporation ( "PSE "), and the City of
Federal Way, Washington ( "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 ( "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 in Exhibit A attached hereto and
incorporated herein by this reference.
B. The Government Entity plans to construct improvements to South 352nd Street
Extension Project (SR 161 to SR 99) ( "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.
1.2 Performance of Relocation Work. Subject to the terms and conditions of
this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable
efforts to perform the Relocation Work. PSE shall perform the Relocation Work in
accordance with the schedule provided in Exhibit B (the "Relocation Schedule ") with
-1-
• •
reasonable diligence in the ordinary course of its business and in light of any operational
issues as to the remainder of its utility 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 from its obligations hereunder, in the event of any
delay in the performance of the Relocation 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.
1.5 Notice to Proceed with Construction Work. At least seven (7) days prior to
the date specified in the Relocation Schedule for commencement of construction for the
Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to
proceed with such construction work, or (b) 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.
-2-
• •
Section 2. Operating Rights.
Unless otherwise provided for 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 in 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 in its sole discretion. 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 shall 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 upon or relative
to the Existing Operating Rights, unless and until PSE is in possession of the New Operating
Rights. Puget Sound Energy will realease all easements within the new S 352nd Street
Right -of -Way.
Section 3. Permits.
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 ").
The Permits shall be on such terms and conditions as PSE shall, in its sole discretion,
determine to be appropriate to its needs. PSE shall not be obligated to commence
construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair
or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is
in possession of all Permits necessary for the Relocation Work and all rights of appeal with
respect to the Permits shall have been exhausted. The Government Entity shall be
responsible for performance of and any costs associated with any mitigation required by the
Permits.
Section 4. Materials and Ownership
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.
Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation
Work is fifty three thousand one hundred thirty four dollars and ninety one cents ($53,134.91
-3-
- see the "Facilities Relocation/Modification Billing Detail "). 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 of 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
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.
in
•
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, of 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
for a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract,
warranty, tort or otherwise, to any other party or to any other person for any indirect,
incidental, special or consequential damages arising out of the performance or
nonperformance of the Relocation Work or this Agreement.
Section 8. Miscellaneous
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable
tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any
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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 either 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:
Puget Sound Energy, Inc.
B
Its ' P4j --7'�WP
Address: 90S So&Tk 02 ITA-
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Attn: 2LKS-S Rack
Government Entity:
By
Its ,ri rrell, Mayor
Add s: 33325 8th Avenue South
Federal Way, WA 98063 -9718
(253) 835 -2401
APPROVED AS TO FORM:
1-ov 44�1—
foi Amy Jo Pearsall, City Attorney
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ATTEST:
�Aafijjj N'-i�'
qThnie Courtney, CM , ity Clerk
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EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
Pole Grid 310800- 163157:
Existing OH rights under Easement AFN's 4306591 & 9206090958
Pole Grid 310800- 163174:
Existing OH rights under Easement AFN 4306591
Pole Grid 310800- 163180:
Existing OH rights under Easement AFN 4306591
Pole Grid 310800 - 163203:
Existing OH & UG rights under Easement AFN 7901030802
In
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EXHIBIT B
RELOCATION WORK
Electric Project Scope of work.
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Project Name: South 352nd ST Extention, SR -161 to Pacific Hwy South
Notification Number: 10916531
PSE Job number 101092779
P01 at grid number 31079-163134. Pole is in direct conflict with the new road
alignment.Pole to be relocated from the east side of Pac. Hwy to the west side of Pac.
Hwy.
P03 at grid number 310811 - 163139.
Pole is in direct conflict with the proposed streetlight location.
Pole to be removed from the east side of Pac.
P05 at grid number 310823 - 163135.
Pole to be replaced with taller pole and anchor to acomidate new flying tap.
P06 at grid number 310793 - 163130
Install new pole and anchor for overhead crossing west to POT
P07 at grid number 310797 - 163120
Install new pole and anchor for overhead crossing east to P06.
P08 at grid number 310812 - 163127
Install new pole and 3 -phase transformer bank on west side of Pac. Hwy.
P09 at grid number 310800 - 163157
Pole is in direct conflict with the new road alignment.
PSE owned pole Existing Easement AFN 4306591 & 920609058
Remove un -used OH transformer and existing overhead primary and neutral
1 span (165')- east
Work at this location is billable to The City of Federal Way.
P10 at grid number 310800 - 163174
PSE owned pole Existing Easement AFN 4306591
Adjust underground cable & conduit north to back edge of NEW right of way
to private property.
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Install nwe 575 J -Box in proposed walk and re -train existing 2 -Phase primary.
Remove overhead conductor 165' -west. Work at this location is billable to
The City of Federal Way.
P13 at grid number 310805- 163181
Install new secondary service pole and transfer existing overhead srevice.
Work at this location is billable to The City of Federal Way.
P14 at grid number 130804 - 163194
Install new pole and transformer bank to feed services at P 13 and P 15.
Work at this location is billable to The City of Federal Way.
P09 at grid number 310800 - 163180
Pole is in direct conflict with the new road alignment.
PSE owned pole Existing Easement 4306591
Remove OH transformer and existing overhead primary and neutral 1 span east
Work at this location is billable to The City of Federal Way.
P15 at grid number 310804 - 163204
Install new secondary service pole and transfer existing overhead srevice's.
Work at this location is billable to The City of Federal Way.
J03 at grid number 310798 - 163224
PSE owned J -Box Existing Easement AFN 9206090954
Replace 575 vault and equipment as required to meet new grade.
City has stated vault is approved to be in sidewalk area, but will need to
match new sidewalk grade.
Work at this location is billable to The City of Federal Way.
V02 at grid number 310804 - 163245 (for reference only)
This work is identified for reference only and is not part of the work in the cost
estimate. Once the final plan for this work is determined it will be billed on a
change order to the City.
PSE owned 3 -Phase pad mount transformer Existing Easement
AFN 20061228001680
Relocate existing vault north approximately 7 -10' as well as a section of conduit
and cable, up to 200' -220' in length (STA 95 +28 - 97 +30 + / -). Relocate
transformer to clear wall footing.
Note: This area might get filled to match City of Federal Ways NEW road grade by
property owner. Check with property owner (Corlis) and City to verify fill near
transformer location Work at this location is billable to The City on a change order.
J05 at grid number 310797 - 163283
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PSE owned J -Box Existing Easement AFN 920609054
Relocate /lower existing 575 vault and equipment as required to meet new grade.
City has stated, vault is approved to be in sidewalk area.
However, PSE vault shall be relocated behind sidewalk and in the ROW area
behind sidewalk and at grade.Relocate the existing cable and conduit running
westerly, approximately 150'+ to
accomodate cut area for road way and sidewalk changes.
Cable and conduit should be placed in easement area outside city right of way.
Work at this location is billable to The City of Federal Way.
Schedule
Worrk is scheduled for the fall of 2015
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