HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/15/2008 � City of Kent
� City Council Meeting
� Agenda
1 January 15, 2008
Mayor Suzette Cooke
Debbie Raplee, Council President
� Councilmembers
Elizabeth Albertson Bob O'Brien
Tim Clark Deborah Ranniger
Ron Harmon Les Thomas
KENT
City Clerk's Office
KENT CITY COUNCIL AGENDAS
KENT January 15, 2008
'- WAS HINGTON Council Chambers
1 MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Raplee, President
Elizabeth Albertson Tim Clark Ron Harmon
Bob O'Brien Deborah Ranniger Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Communications Plan Michelle Witham 60 minutes
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Neighborhood Council Recognition
D. Introduction of Appointees
E. Permit Process Review and Appointment of Panel Members
F. Public Safety Report
S5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
1 B. Payment of Bills - None
C. Neighborhood Council Resolutions - Adopt
D. Lodging Tax Advisory Committee Appointments - Confirm
E. Kent Events Center Project Construction Agreements with Puget Sound
Energy, Qwest, and Comcast - Authorize
F. Right-of-Way Dedication for West James Improvements - Authorize
1 G. Sewer Master Plan Consultant Agreement - Authorize
(Continued)
COUNCIL MEETING AGENDA CONTINUED
H. Upper Meridian Creek Culvert - Accept as Complete
I. DSHS Division of Alcohol and Substance Abuse $500 Stipend - Accept
J. King County Public Entity Services Contract - Authorize
7. OTHER BUSINESS
A. Interlocal Agreement with Seattle Southside Visitors Bureau
B. W. James Street, 4th Avenue N. and W. Cloudy Streets, Condemnation
Ordinance
C. Department of Ecology Local Government Stormwater Grant
Agreement
8. BIDS
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Property Negotiations
B. Pending Litigation
12. ADJOURNMENT
NOTE: A co of the full agenda packet is available for perusal in the City Clerk's
PY 9 P P Y
Office and the Kent Library. The Agenda Summary page and complete packet
are on the City of Kent web site at www.ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) NEIGHBORHOOD COUNCIL RECOGNITION
D) INTRODUCTION OF APPOINTEES
E) PERMIT PROCESS REVIEW AND APPOINTMENT OF PANEL MEMBERS
F) PUBLIC SAFETY REPORT
PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) NEIGHBORHOOD COUNCIL RECOGNITION
D) INTRODUCTION OF APPOINTEES
U�
E) PERMIT PROCESS REVIEW AND APPOINTMENT OF PANEL MEMBERS
� � �i/ �aruc//Ner� C►�chat/TU�c�
F) PUBLIC SAFETY REPORT
CONSENT CALENDAR
6. City Council Action:
Councilmember moves, Councilmember �Lc4j
seconds to approve Cons nt Calendar Items A through J.
Discussion '
Action
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of January 2, 2008.
6B. Aunroval of Bills.
No numbers were available for approval.
Council Agenda
Item No. 6 A-B
Kent City Council Meeting
KEN January 2, 2008
WASHINGTON
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor
Cooke. Councilmembers present: Albertson, Clark, Harmon, O'Brien, Ranniger, Raplee
and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made.
B. From the Public. (CFN-198) No changes were made by the public.
PUBLIC COMMUNICATIONS
A. Oath of Office. (CFN-198) The City Clerk administered the Oath of Office to
recently re-elected Councilmembers Ranniger, Raplee, Harmon and Thomas.
B. Election of Council President. (CFN-198) Ranniger nominated Debbie Raplee to
serve as Council President; Clark seconded. There were no further nominations and
Raplee was elected unanimously.
Council President Raplee then announced Council Committee membership as follows:
Operations: Clark as Chair, Thomas and Raplee
Parks & Human Services: Ranniger as Chair, Albertson and Harmon
Planning & Economic Development: Albertson as Chair, Clark and O'Brien
Public Safety: Harmon as Chair, Thomas and O'Brien
Public Works: Ranniger as Chair, Harmon and Raplee
Raplee noted that committee meeting dates and times will remain the same until new
dates and times are announced at the next Council meeting.
Council member Albertson was also reappointed to the Human Service Commission.
C. Public Recognition. (CFN-198) Mayor Cooke introduced exchange students from
Kent, Caden Witt and Elonna Foster and their counterparts from El Grullo, Jalisco,
Mexico, Armondo Curie[ and Oscar Pelayo, who spoke about their experiences and
provided musical entertainment.
D. Community Events. (CFN-198) Ranniger announced the Boy Scout tree recycling
event, Tap Kids, and Chicago Blues Reunion.
E. Introduction of Aauointees. (CFN-174) Mayor Cooke introduced Steve Dowell,
her re-appointee to the Land Use and Planning Board, and noted that Dana Ralph is
also being re-appointed.
F. Emnlovee of the Month. (CFN-147) Public Works Director Larry Blanchard
announced that Tom Rusbuldt of Public Works Operations has been chosen Employee of
the Month for January. Rusbuldt's supervisor, Tom Kelly, commented on his many
1
Kent City Council Minutes January 2, 2008
accomplishments, including a savings to the City of over $9,000 on one project. Mayor
Cooke presented Rusbuldt with the Employee of the Month plaque.
CONSENT CALENDAR
Ranniger moved to approve Consent Calendar Items A through G. Clark seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of
December 11, 2007, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through November 30
and paid on November 30 after auditing by the Operations Committee on December 4,
2007, were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/30/07 Wire Transfers 3066-3081 $4,077,857.43
11/30/07 Regular 614716-615081 3,425,827.00
Use Tax Payable 853.44
$7,504,537.87
C. Bill of Sale, Dipankar Office Building. (CFN-484) The Bill of Sale for Dipankar
Office Building for 116 linear feet of watermain, 2 storm sewer manholes and 4 catch
basins was accepted. This project is located at 24604-104th Avenue SE.
D. Bill of Sale, Eagle Creek PUD. (CFN-484) The Bill of Sale for Eagle Creek P.U.D.
for 1590 linear feet of streets, 3524 linear feet of storm sewer, 4 storm manholes, 37
catch basins, and 69,418 cubic feet of detention pond storage was accepted. The
project is located at 13602/1369 SE 282"d Street.
E. Bill of Sale, Green Garden Foods. (CFN-484) The Bill of Sale for Green Garden
Foods for 11 linear feet of watermain, 2 gate valves, 2 hydrants, 40 linear feet of
sanitary sewer, 305 linear feet of streets, 2 storm manholes and 4 catch basins was
accepted. This project is located at 5851 S. 194th Street.
F. Woodford Place Final Plat. (CFN-1272) The Final Plat mylar for Woodford Place
was approved and the Mayor was authorized to sign the mylar. The Hearing Examiner
recommended approval for JPS Holding, LLC., to subdivide approximately 2.94 acres
into 15 single-family residential lots. The property is located at 13426 SE 2401h St.
G. Land Use and Planning Board Re-appointments. (CFN-174) The Mayor's re-
appointments of Steve Dowell and Dana Ralph to the City of Kent's Land Use and
Planning Board were confirmed. Their terms will expire on December 31, 2010.
REPORTS
A. Council President. (CFN-198) Ranniger noted that she enjoyed serving as Council
President.
2
' Kent CityCouncil Minutes January 2 2008
Y ,
B. Mayor. (CFN-198) Mayor Cooke thanked all contributors to the holiday festivities
in Kent and noted that Riverview Boulevard has opened.
C. Operations Committee. (CFN-198) Clark announced that the committee will
continue to meet on the first and third Tuesday of each month at 4:00 p.m.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
committee will meet on the third Thursday of the month at 5:00 p.m.
E. Planning and Economic Development Committee. (CFN-198) No report was
given.
F. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will
be held at 5:00 p.m. on January 8.
G. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be
held on January 7 at 5:00 p.m.
H. Administration. (CFN-198) Hodgson noted that department heads will work with
committee chairs regarding meeting times and dates.
ADJOURNMENT
The meeting adjourned at 7:45 p.m. (CFN-198)
Brenda Jacober, CIVIC
City Clerk
3
Kent City Council Meeting
Date January 15, 2008
Category Consent Calendar
1. SUBJECT: NEIGHBORHOOD COUNCIL RESOLUTIONS - ADOPT
2. SUMMARY STATEMENT: Adopt Resolution Nos. and
recognizing Seven Oaks East and Scenic Hill as Neighborhood Councils.
Residents of these neighborhoods have completed the process to establish
Neighborhood Councils, which provide an avenue for residents to work together to
enhance the livability of their neighborhoods.
3. EXHIBITS: Resolutions
4. RECOMMENDED BY: Planning & Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
RESOLUTION NO.
' A RESOLUTION of the City Council of the City of
Kent, Washington, recognizing the Seven Oaks East
Neighborhood Council.
RECITALS
A. The City of Kent has developed a Neighborhood Program to promote
and sustain an environment that responds to residents by building partnerships
between the City and its residents. In addition, the City of Kent encourages
residents to work together to form geographically distinct neighborhood councils
as a means to foster communication among residents and to enhance their sense
of community.
B. The City of Kent recognizes and supports neighborhood councils by
endorsing a process to establish neighborhood boundaries, approve neighborhood
councils, and provide neighborhood grant matching program opportunities to make
improvements in defined neighborhoods.
C. The Seven Oaks East neighborhood is diverse and consists of
approximately 95 housing units, and is roughly bounded to the north by SE 2601h
Place; to the east by SE 2615t Court, SE 262nd Court, and 122"d Court SE; to the
south by SE Kent Kangley Road; and to the west by 1201h Avenue SE, as depicted
' in the map attached and incorporated as Exhibit A. On November 19, 2007, the
Seven Oaks East neighborhood completed and turned in an official registration
form requesting that the City recognize the Seven Oaks East Neighborhood
Council, allowing it to take advantage of all the opportunities offered by the City's
Neighborhood Program, including the City's grant matching program.
1 Seven Oaks East
Neighborhood Council
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Recognition of Neighborhood Council. - The City Council for
the City of Kent hereby acknowledges the effort and commitment of the Seven
Oaks East neighborhood and all those who participated in forming the Seven Oaks
East Neighborhood Council. The Kent City Council hereby recognizes Seven Oaks
East as an official Neighborhood Council of the City of Kent, supports Seven Oaks
East's community building efforts, and confers on the Seven Oaks East
Neighborhood Council all opportunities offered by the City's Neighborhood
Program.
SECTION 2, - Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions
of this resolution.
SECTION 3. - Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 4, - Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of t
Kent, Washington, this day of January, 2008.
CONCURRED in by the Mayor of the City of Kent this day of January,
2008.
SUZETTE COOKE, MAYOR
2 Seven Oaks East
Neighborhood Council
ATTEST:
' BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the city council of the city of Kent, Washington, the day of
January, 2008.
BRENDA JACOBER, CITY CLERK
P\Civil\Resolution\NeghborhondCounol-SevenOaksEasL doc
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3 Seven Oaks East
Neighborhood Council
EXHIBIT A
4 Seven Oaks East
Neighborhood Council
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RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, recognizing the Scenic Hill
Neighborhood Council.
j
RECITALS
A. The City of Kent has developed a Neighborhood Program to promote
and sustain an environment that responds to residents by building partnerships
between the City and its residents. In addition, the City of Kent encourages
residents to work together to form geographically distinct neighborhood councils
as a means to foster communication among residents and to enhance their sense
of community.
B. The City of Kent recognizes and supports neighborhood councils by
endorsing a process to establish neighborhood boundaries, approve neighborhood
councils, and provide neighborhood grant matching program opportunities to make
improvements in defined neighborhoods.
C. The Scenic Hill neighborhood is diverse, consists of approximately
717 housing units, and is roughly bounded to the north by East Smith Street; to
the east by Mill Creek Park; to the south by Scenic Hill Elementary and Hillcrest
Cemetery; and to the west by Central Avenue South, as depicted in the map
attached and incorporated as Exhibit A. On November 30, 2007, the Scenic Hill
neighborhood completed and turned in an official registration form requesting that
the City recognize the Scenic Hill Neighborhood Council, allowing it to take
advantage of all the opportunities offered by the City's Neighborhood Program,
including the City's grant matching program.
1 Scenic Hill Neighborhood Council
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ■
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Recognition of Neighborhood Council. - The City Council for
the City of Kent hereby acknowledges the effort and commitment of the Scenic Hill
neighborhood and all those who participated in forming the Scenic Hill
Neighborhood Council. The Kent City Council hereby recognizes Scenic Hill as an
official Neighborhood Council of the City of Kent, supports Scenic Hill's community
building efforts, and confers on the Scenic Hill Neighborhood Council all
opportunities offered by the City's Neighborhood Program.
SECTION 2. - Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions
of this resolution.
SECTION 3. - Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 4. - Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of
Kent, Washington, this day of January, 2008.
CONCURRED in by the Mayor of the City of Kent this day of January,
2008.
SUZETTE COOKE, MAYOR
2 Scenic Hill Neighborhood Council
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the day of
January, 2008.
BRENDA JACOBER, CITY CLERK
3 Scenic Hill Neighborhood Council
EXHIBIT A
4 Scenic Hill Neighborhood Council
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Kent City Council Meeting
Date January 15, 2008
' Category Consent Calendar
1. SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENTS -
' CONFIRM
2. SUMMARY STATEMENT: Approve the appointments of Greg Haffner and
Vickie Molzer to the Lodging Tax Advisory Committee.
The Lodging Tax Advisory Committee recommends that Greg Haffner of Curran
Mendoza Law Firm and Vickie Molzer of GM Hawthorn Suites be appointed to the
Committee. Both have agreed to be re-appointed to their existing positions for
' another term which will expire 12/31/10.
i
' 3. EXHIBITS: None
4. RECOMMENDED BY: Lodging Tax Advisory Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
' Expenditure? Revenue? N/A
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
' ACTION:
Council Agenda
Item No. 6D
1
Kent City Council Meeting
Date January 15, 2008
Category Consent Calendar
1. SUBJECT: KENT EVENTS CENTER PROJECT CONSTRUCTION AGREEMENTS
WITH PUGET SOUND ENERGY, QWEST, AND COMCAST -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign Construction
Agreements with Puget Sound Energy, Qwest and Comcast for the conversion
' of overhead facilities to underground for the W. James St. and 4th Ave. N.
Improvements upon approval of the language by the City Attorney and Public
Works Director.
In order to construct the W. James Street and 4th Ave. N. improvements it will be
necessary to underground the power, telephone and cable facilities and install a
new gas main to the Events Center.
' n PS
3. EXHIBITS: Public Works memorandum dated 12/10/07 and agreeme ts/ E,
' Qwest and Comcast
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? No
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
' Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
' ACTION:
Council Agenda
Item No. 6E
25
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
W AS HI N G 7 0 N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: December 10, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 7, 2008
From: Mark Howlett, Engineering Manager
Through: Larry Blanchard, Public Works Director
' Subject: Project Construction Agreements with Puget Sound Energy, Qwest and
Comcast for the West James Street and 4th Avenue North Improvements
Motion:
Recommend authorizing the Mayor to sign the Construction Agreements with
Puget Sound Energy, Qwest and Comcast for the conversion of overhead facilities
to underground for the W. James St. and 4th Ave. N. Improvements upon
concurrence of the language therein by the City Attorney and the Public Works
Director.
1
Background/History:
' West James Street will be widened to provide a left-turn lane at the Kent Events Center east
driveway, and add a bike lane and pedestrian improvements between the Interurban Trail and
4th Avenue North. 4th Avenue North will be widened to provide a left-turn lane at the
intersection with West Cloudy Street. The street widening is part of the Kent Events Center
project, and is scheduled to be constructed in the spring/summer 2008.
The overhead distribution power, telephone and cable lines are required to be converted to
underground in order to meet the requirements of the City's underground ordinance. The
underground conversion agreements with Puget Sound Energy, and joint trench agreements
with Qwest and Comcast establish the scope of work, schedule and costs for this conversion
' work. In addition, a joint trench agreement with Puget Sound Energy is required for the
installation of the new gas main to the Events Center.
In summary, in order to construct the W. James Street and 4th Ave. N. improvements it will be
' necessary to underground the power, telephone and cable facilities and install a new gas main
to the Events Center.
Attachments: Schedule 74 Underground Conversion, James St from 4th Ave to U.P. ROW
Exhibit"A" Project Plan Schedule 74 Underground Conversion/PSE James St
Schedule 74 Underground Conversion, 4th Ave from James St to N Cloudy St
' Exhibit"A" Project Plan Schedule 74 Underground Conversion/4th Ave N
Joint Trench Agreement btwn. the City of Kent and Qwest for 4th Av N Improvements
Joint Trench Agreement btwn. the City of Kent and Qwest for James St Improvements
Joint Trench Agreement btwn. the City of Kent and Comcast for James St Improvements
' Joint Trench Agreement btwn. the City of Kent and Comcast for 4th Ave N Improvements
Joint Utility Trench Agreement btwn. the City of Kent and PSE for James St W. of 4th Ave
U IPWConrm t1MA,tm Page/2008 PWC 01 07 08,1 c
' 26
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name. City of Kent—4th Ave from James St to North of Cloudy St
Project Number, 101042151
THIS Agreement, dated as of this day of 200_, is made by and
between the City of Kent, a Municipal Corporation (the"Government Entity"), and PUGET SOUND
ENERGY, Inc , a Washington Corporation (the "Company")
RECITALS
' A The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity
B The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area")with a comparable underground electric distribution system, all as more specifically
' described in the Project Plan (the "Conversion Protect")
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of (the "Design Agreement"), pursuant to which the parties completed
certain engineering design, cost assessment, operating rights planning and other preliminary work
relating to the Conversion Project and, in connection with that effort, developed the Project Plan
D The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74")to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74
AGREEMENT
The Government Entity and the Company therefore agree as follows
1 Definitions
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the
same meanings when used in this Agreement, including, without limitation, the following
i) Cost of Conversion;
1i) Public Thoroughfare,
iii) Temporary Service;
iv) Trenching and Restoration;
' v) Underground Distribution System, and
vi) Underground Service Lines
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
Iagree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
Construction Agreement, Attachment"B"to Schedule 74, Page 1
' City of Kent—4th Ave from James St, to North of Cloudy St.
27
of such diameter and number as may be specified and agreed upon in the Project Plan '
necessary to replicate the load-carrying capacity (system amperage class) of the overhead
system being replaced. '
(c) "Estimated Reimbursable Private Conversion Costs"shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Protect Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from ,
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared ,
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below
(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being
replaced. For purposes of the foregoing, any empty ducts installed at the request of the
Government Entity shall be a Government-Requested Upgrade.
(i) "Party" shall mean either the Company, the Government Entity, or both. ,
�) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in ,
accordance with Schedule 74, (1) outside of the Public Thoroughfare, or(ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time
in accordance with Section 6, below. The Project Plan includes, among other things, (1) a
detailed description of the Work that is required to be performed by each Party and any third
party, (ii)the applicable requirements and specifications for the Work, (iii) a description of the
Operating Rights that are required to be obtained by each Party for the Conversion Project (and
the requirements and specifications with respect thereto), (iv)an itemization and summary of the
Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated
Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service
Costs (if any)and Estimated Reimbursable Upgrade Costs (if any), and (v)the Work Schedule.
(1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, '
repair, and maintenance of the Underground Distribution System
(m) "Reimbursable Private Conversion Costs" shall mean (i)all Costs of Conversion, if any, incurred '
by the Company which are attributable to a Private Property Conversion, less (ii)the distribution
pole replacement costs (if any)that would be avoided by the Company on account of such ,
Construction Agreement, Attachment"B"to Schedule 74, Page 2
City of Kent—4th Ave from James St, to North of Cloudy St
28
Private Property Conversion, as determined consistent with the applicable Company distribution
facilities replacement program, plus (ni)just compensation as provided by law for the Company's
interests in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable
to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the
Estimated Reimbursable Private Conversion Costs without the prior written authorization of the
' Government Entity
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Protect to provide
Temporary Service, as provided for in Schedule 74, and (ii)the removal of any facilities installed
to provide Temporary Service (less salvage value of removed equipment), provided that the
Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable
' Temporary Service Costs without the prior written authorization of the Government Entity
(o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity
(p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project, provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity For the avoidance of doubt, the "Shared
Company Costs" shall, as and to the extent specified in the Design Agreement, include the
actual, reasonable costs to the Company for the "Design Work" performed by the Company
' under the Design Agreement
(q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (6)the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
1 Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company, provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company
(r) `Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i)costs to the Government Entity for Trenching and Restoration, or(ii)costs
associated with any joint use of trenches by other utilities as permitted under Section 3(b)
(s) "Work"shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below)
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below
2. Obligations of the Company.
Construction Agreement, Attachment"B"to Schedule 74, Page 3
City of Kent—4th Ave from James St, to North of Cloudy St
29
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as ,
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work")- '
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected
to the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles)of 15,000 volts or less within the ,
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the ,
progress of the Company Work identifying (i)the Company Work completed to date, (ii)the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement
3. Obligations of the Government Entity
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work")-
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and ,
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards)with the
Underground Distribution System or the installation or maintenance thereof Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and
the Government Entity shall be responsible for the coordination of the design and installation of
the facilities of the other utilities to ensure compliance with such specifications and drawings. '
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i)the Government Work completed to date, (11)the ,
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule
Construction Agreement, Attachment"B"to Schedule 74, Page 4
City of Kent—4`h Ave from James St, to North of Cloudy St '
30
t (d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area
(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4 Work Schedule
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan Changes to the Work Schedule shall be made only in accordance with
Section 6, below
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives)for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule
5. Location of Facilities
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6 Changes
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to- (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in
the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (jv) changes in the location, alignment, dimensions or design of items included in
the Work No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall
be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any)and/or the
Work Schedule to reflect such change The Parties shall negotiate in good faith with the
objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are
unable to agree upon the terms of the equitable adjustment, either Party may submit the matter
for resolution pursuant to the dispute resolution provisions in Section 10, below
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
Construction Agreement, Attachment"B"to Schedule 74, Page 5
City of Kent—4`h Ave from James St, to North of Cloudy St
31
equitably adjusted from time to time to reflect any change in the costs or time required to perform ,
the Work to the extent such change is caused by. (i)any Force Majeure Event under Section 11,
below, (ii)the discovery of any condition within the Conversion Area which affects the scope,
cost, schedule or other aspect of the Work and was not known by or disclosed to the affected
Party prior to the date of this Agreement, or(iii) any change or inaccuracy in any assumptions
regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by
the Parties in the Protect Plan. Upon the request of either Party, the Parties will negotiate in good
faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at
any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment,
either Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in '
accordance with any approved Request for Change Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages
(A)sixty percent (60%)to the Company, and (B)forty percent (40%)to the
Government Entity.
ii) The Government Entity shall pay one hundred percent(100%)of all Reimbursable
Private Conversion Costs, if any
iii) The Government Entity shall pay one hundred percent(100%)of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent(100%) of the costs it incurs
to perform that portion of the Government Work specified in Section 3(a)(i) and (ii) ,
(i.e., Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent(100%)of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade ,
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement(the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under ,
Section 7(a)(i), and adjusting such amount as follows.
i) Subtracting (as a credit to the Government Entity)the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company)the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement
Construction Agreement, Attachment"B"to Schedule 74, Page 6
City of Kent—4ch Ave from James St, to North of Cloudy St.
32
' The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive
number, and (B)shall be an amount payable to the Government Entity if it is a negative number.
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the
"Government Itemization"), together with such documentation and information as the Company
may reasonably request to verify the Government Itemization. The Government Itemization shall,
at a minimum, break down the Shared Government Costs by the following categories, as
applicable (i) property and related costs incurred and/or paid by the Government Entity, including
any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the
Government Entity, including and listing separately inspection, labor, materials and equipment,
overhead and all costs charged by any agent, contractor or subcontractor of the Government
Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement(the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii)the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii)the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party
to the other Party, as specified in the Company Statement
8. Indemnification
(a) The Government Entity 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 or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity
' (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
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 Company in its performance under this Agreement During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
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 8 extends to any such claim brought against the indemnified Party by
Construction Agreement, Attachment"B"to Schedule 74, Page 7
' City of Kent—4`h Ave from James St, to North of Cloudy St
33
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any t
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. '
9. Conversion of Service to Customers within Conversion Area
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from
overhead to underground service within the applicable statutory period following written notice
from the Government Entity that service from underground facilities are available in accordance
with RCW 35.96.050 Upon the request of any customer, other than a single family residential
customer, within the Conversion Area, the Company shall remove the overhead system and
connect such persons' and entities' Underground Service Lines to the Underground Distribution
System. ,
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for
the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G
The Government Entity shall exercise its authority to order disconnection and removal of
overhead facilities with respect to owners failing to convert service lines from overhead to
underground within the timelines provided in RCW 35 96.050
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify
the other Party in writing as to the nature of the dispute. Each Party shall appoint a
representative who shall be responsible for representing the Party's interests. The
representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not
resolved within ten (10) business days of the date the disagreement was first raised by written
notice shall be referred by the Parties' representatives in writing to the senior management of the
Parties for resolution In the event the senior management are unable to resolve the dispute
within twenty (20) business days (or such other period as the Parties may agree upon), each
Party may pursue resolution of the dispute through other legal means consistent with the terms of
this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall
be confidential and shall be treated as compromise and settlement negotiations for purposes of
the state and federal rules of evidence
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted '
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect.
The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All
other disputes shall be resolved by litigation in any court or governmental agency, as applicable,
having jurisdiction over the Parties and the dispute
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms ,
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys'fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys'fees)by the other Party.
Construction Agreement, Attachment"B"to Schedule 74, Page 8
City of Kent—4`h Ave from James St, to North of Cloudy St
r 34
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
t11. Uncontrollable Forces
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, 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 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 obligations 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 caused by a
Force Majeure Event.
12 Insurance
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout
the duration of the Conversion Protect (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of$2,000,000 per
occurrence and $2,000,000 aggregate for personal injury, and $2,000,000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of$2,000,000
(b) The Government Entity shall ensure that each of its contractors performing any Government
Work secures and maintains in force throughout the duration of the Conversion Project(or, if
I sooner, until termination of this Agreement) insurance policies having the same coverage,
amounts and limits as specified Section 12(a), above
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance
i13. Other
(a) Agreement Subiect To Tariff This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement
(b) Termination The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse
the Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by
1 the Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the
Company's invoice therefor Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of
the Conversion Project and/or this Agreement.
Construction Agreement, Attachment"B" to Schedule 74, Page 9
City of Kent—4`h Ave from James St, to North of Cloudy St
35
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights ,
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area
(d) Compliance With Law The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race,
color, national origin, religion, creed, age, sex, or the presence of any physical or sensory
handicap in the selection and retention of employees or procurement of materials or supplies
(f) Independent Contractor The Company and the Government Entity agree that the Company is
an independent contractor with respect to the Work and this Agreement The Company is acting ,
to preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or
this Agreement The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company
(g) Nonwaiver of Rights or Remedies No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives
(i) Governmental Authority This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are
by this reference incorporated in this Agreement.
Q) No Partnership This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or ,
liability upon either Party. Further, neither Party shall have any right, power or authority to enter
into any agreement or undertaking for or on behalf of, to act as or be an agent or representative
of, or to otherwise bind the other Party
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by ,
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
Construction Agreement, Attachment"B"to Schedule 74, Page 10
City of Kent—4`h Ave from James St, to North of Cloudy St ,
j 36
(1) Notice Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows-
If to the Government Entity City of Kent
220 Fourth Ave South
Kent, WA 98032-5895
Attn Ken Langholz
Fax: 253-856-6500
If to the Company Puget Sound Energy, Inc.
6905 South 228th Street
' Kent, WA 98032
Attn Doug Corbin
Fax 253-395-6882
IAny Party may change its address specified in this Section 13(I) by giving the other Party notice
of such change in accordance with this Section 13(I)
(m)Applicable Law This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing
conflict of laws), except to the extent such laws may be preempted by the laws of the United
States of America
(n) Entire Agreement This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written or oral, with respect to the subject matter of this Agreement are hereby superseded in
their entireties; provided, however, that except as expressly set forth in this Agreement, nothing
herein is intended to or shall alter, amend or supersede the Design Agreement and the same
shall remain in full force and effect in accordance with its terms
(o) Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
' limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
1 division thereof.
Government Entity Company
City of Kent PUGET SOUND ENERGY, INC.
' BY BY
ITS ITS Municipal Liaison Manager
Date Signed Date Signed
' Approved as to form
1
Construction Agreement, Attachment"B" to Schedule 74, Page 11
' City of Kent—4th Ave from James St, to North of Cloudy St.
37
PUGET SOUND ENERGY
Exhibit "A" Project Plan I
Schedule 74 Underground Conversion
City of Kent James St. Schedule 74 Conversion
PSE Project Number: 101041638 ,
December 4, 2007
Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan, ,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes work to be performed
by PSE and the City of Kent(the "City") for the conversion of certain PSE electrical distribution ,
system facilities as described herein (the "Conversion Project"). Construction of this Conversion
Project is contingent upon and shall not commence prior to both written acceptance of this
Project Plan and written execution of a Schedule 74 Construction Agreement by the City and ,
PSE.
This Project Plan includes and consists of: ,
• Detailed description of the Construction Work to be performed
• Applicable requirements, drawings and specifications for the work(attached) ,
• Operating Rights to be obtained for the Conversion Project (attached)
• Construction Work Schedule
• Construction Costs Estimate Summary (attached)
Revisions to this Project Plan must be mutually pproved by the City and PSE.
Scope of Work
This Conversion Project will replace PSE's existing overhead electrical distribution system with ,
an Underground Distribution System within the following area (the "Conversion Area"): Along
James St, from the UPRR railroad tracks to the east side of 4th Av. North. The Conversion
Project is approximately 1,445 feet in length, including laterals and road crossings.
The Conversion Project includes modification or replacement of all existing services lines within
the Conversion Area to connect to the Underground Distribution System and removal of PSE's
existing overhead electric distribution facilities (including PSE distribution poles and pole
mounted street lights) from the Conversion Area.
PSE initiated upgrades included in this project consist of: None
City requested upgrades included in this project consist of: None
Temporary Service included in this project consists of: None
City of Kent
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The following portions of PSE's existing facilities to be converted are located outside of Public
Thoroughfare: None
In conjunction with the Conversion Project, PSE will remove its existing street lighting system
within the Conversion Area. Provision of a new street lighting system within the Conversion
Area under terms of applicable PSE Tariff Schedules will be addressed on a separate work order
and work sketch. Additional costs will apply and will be quoted separately.
Responsibilities of Parties
City Responsibilities
a) Provide written notice to customers within the Conversion Area in advance of
Conversion Project Construction Work start. The notice will include contact information
for both the City and PSE, the expected Conversion Project schedule, anticipation of
service interruptions and work required to be performed by customers.
b) Coordinate other utility conversion, removal and relocation from PSE's poles.
c) Provide all surveying for equipment placement, locations, and establish all grade
elevations for the Underground Distribution System within the Conversion Area.
d) Provide all necessary excavation, bedding, backfill, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
1 trenching, backfill, and restoration for cut-over and transfer of existing underground
system and service lines from the existing overhead distribution system to the new
Underground Distribution System.
j e) Coordinate private property trenching, excavation and restoration activity with private
property owners affected by this Conversion Project.
' f) Provide flagging and traffic control as required for all work performed by the City.
g) Install and proof all ducts and vaults for the Underground Distribution System (excluding
work in ducts or vaults containing energized cables or equipment—see PSE
Responsibilities) in accordance with PSE standards and specifications using ducts and
vaults provided by PSE. "Proofing" as used herein is defined as verification using a
mandrel that the duct and vault system is free and clear of damage, installed to the proper
grade and at the proper location and contains a pulling line.
h) Provide PSE at least ten (10) business days notice prior to the start of trenching activity to
allow for delivery of PSE materials to the job site and scheduling of PSE's on-site
Inspector. Provide at least two (2) business days notice for scheduled delivery of vaults
from the manufacturer.
' >) Provide secure staging and storage area(s) for duct and vault materials provided by PSE.
The City shall be responsible for the security and condition of these materials until they
are installed and accepted by PSE or returned to PSE's custody.
j) Provide labor and equipment for the off-loading of PSE duct and vault materials
delivered to the job site.
City of Kent
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k) Promptly following notice from PSE that the Underground Distribution System has been '
energized, provide notice to customers within the Conversion Area informing them of
their obligation and responsibility to convert their overhead service lines to underground
service lines as provided by state law or to modify existing underground service lines for
connection to the Underground Distribution System. Affected service lines are listed in
the Service Lines section of this Project Plan.
1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and
it's contractor(s), the City and it's contractor(s), and other utilities.
m) Provide any necessary operating rights for the installation of PSE's facilities in
accordance with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the
City. Operating rights are further addressed in the Operating Rights section of this
Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
o) Following notification from PSE that Construction Work is complete, provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Puget Sound Energy Responsibilities
a) Provide all duct and vault materials, cables, electrical equipment and components necessary
for installation of the Underground Distribution System. ,
b) Following notice from the City, deliver or cause to be delivered all duct and vault materials
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests.
c) Following notice from the City, provide inspection services needed for overseeing the proper
installation of ducts and vaults by the City.
d) Accept delivery of the completed duct and vault system once the new system has been
proofed (as described above) by the City. PSE will provide a mandrel to the City to be used ,
in proofing of the duct and vault system.
e) Provide PSE electrical workers to complete duct installation and proofing when such work is
performed at or in any energized vault containing energized cables or equipment.
f) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground Distribution
System is energized.
g) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item"d" concerning trenching
responsibility). PSE will notify the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
City of Kent ,
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101041638
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h) Install and connect replacement underground service lines to single family residences and
connect replacement non-residential underground service lines provided by customers within
the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service lines are listed in
the Service Lines section of this Project Plan.
i) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE's poles. Holes left following removal of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
j) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
k) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor.
Operatinz Rights
The Underground Distribution System will be located within Public Thoroughfare except as
described in the Operating Rights Attachment. The Construction Work will not be released by
PSE for construction until i) all operating rights necessary for the installation of PSE's facilities
I have been obtained and have been verified by PSE, or ii) the City otherwise signs an agreement
releasing PSE from any and all financial obligations associated with the location or relocation of
PSE facilities resulting from commencement of construction prior to acquisition of all identified
necessary operating rights.
Construction Work Schedule
The work will be performed in accordance with the following Work Schedule, unless this
schedule is revised by mutual agreement of the City and PSE or circumstances beyond the
reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Spring 2008
Installation and energization of the Underground Distribution System: Summer 2008
Removal of overhead facilities: Late Summer 2008
Installation and removal of Temporary Service: None
Work Schedule Restrictions: None
Construction Cost Estimate
City of Kent
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The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for 90 days from the date on the Construction Costs Estimate Summary page. If
this Project Plan and the Construction Agreement are not fully executed within 90 days, the
estimated cost is subject to revision.
Proiect Assumptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement.
Cost Assumptions
1. The Construction Work will be performed in accordance with the Construction Work
Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days of the notice of j
completion from the City. In the event PSE rejects any of the ducts or vaults (with
reasonable written justification), the City will perform the necessary remedial work. The
City will then re-notify PSE and PSE shall have five (5) business days to accept or reject the
remedial work.
3. All PSE cables can be pulled through the ducts and vaults system to be used for the
Conversion Project utilizing normal cable pulling techniques.
4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application(including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
5. The daily productivity rate for PSE duct and vault installation is based on the City's i
contractor opening a minimum of 50 feet of trench per working day. The daily productivity
rate is used to calculate the number of days a PSE provided inspector will be required.
During construction, the Inspector will be scheduled in full day increments and in one
continuous effort. Changes to a continuous schedule are required a minimum of two days in
advance.
6. This proposal assumes the use of two flaggers, basic signage and simple channelization.
Additional traffic control measures are not included.
7. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
8. All cut-over and transfer work will be completed during regular working hours.
City of Kent
James Street Underground Conversion Page 5
101041638
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9. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, the associated
installation cost will be a shared cost.
10. Where noted on the plans, existing ducts, either empty or currently used, are to be utilized for
new cables. The Construction Costs Estimate assumes that such ducts are in place and
available for use to pull in new cables using the same equipment and effort as newly installed
ducts.
11. The Construction Costs Estimate assumes that guy anchors are installed prior to the
installation of the ducts in the area. Installation of guy anchors in the same area as newly
installed conduits may be subject to Change Order.
12. The labor rate assumption used in the Cost Estimate is based on 2007 rates. As no labor
agreement yet exists for 2008 and the construction schedule assumptions are for all work to
be started and completed in 2008, a change order for the differential in labor rates will be
assumed as part of this plan when those new rates have been established.
Schedule
1. There will be a total of three (3) PSE crew mobilizations as follows: i) one mobilization of an
underground line crew for installation of underground conductors and equipment; n) one
mobilization for an underground line crew to re-connect existing services that have been
converted to underground, and in) one mobilization of an overhead line crew for removal of
the existing overhead facilities. Once mobilized PSE crews will have continuous productive
work until all PSE Construction Work is complete. Any additional mobilizations will be
addressed by Change Order.
2. All PSE Construction Work will be performed during regular working hours from 7AM to 5
' PM excluding holidays. In the event that lane closures are necessary for performance of
work, PSE shall be limited to working between the hours of 9 AM to 3 PM. PSE will
provide a weekly construction schedule during the weekly meeting. Once approved, PSE
crews will be allowed to complete the work as scheduled, without changes and work
stoppages caused by other construction activities.
1 3. Work requiring scheduled interruption of electric service (cut-overs and transfers) will be
performed during the working hours specified in Schedule Assumption#2 above, and will be
scheduled with at least two (2)business days notice. PSE will notify customers of scheduled
service interruptions.
Additional Considerations
Service Lines
Service lines within the Conversion Area must be replaced or modified to provide underground
service from the Underground Distribution System as described in the attached Service Lines
City of Kent
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Replacement& Modification Requirements List. PSE Tariff Schedule 85 will apply to
performance of this work.
Cut-overs and Transfers r
PSE customers within the Conversion Area will experience interruption of electric service during
performance of the Construction Work when transferring system and customer loads from the
overhead distribution system to the Underground Distribution System. PSE will notify
customers at least two (2) business days in advance of expected service interruptions. Customers
may request that cut-over and transfer work affecting their service be performed outside the
regular working hours listed above subject to the customer's written agreement to reimburse PSE
for the additional cost (at overtime rates) to perform such work outside the regular working
hours.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE's "Electric Distribution Trench/Duct/Vault Construction Standards, 2005". All relevant
PSE standard described above are attached to this Project Plan by this reference.
Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported due to excavation in proximity to
such poles, the City will coordinate with PSE to provide such support. The need to temporarily
support such poles shall be determined by PSE, and if required, such support shall be provided
by PSE. As used herein, "temporary support" means supporting one or more poles for a
continuous working period of ten hours or less.
Acceptance of Protect Plan ,
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By: By: r
Its: Its:
City of Kent
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44
Date: Date:
City of Kent
James Street Underground Conversion Page 8
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SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name City of Kent—4th Ave from James St to North of Cloudy St
Project Number 101042151
THIS Agreement, dated as of this day of 200_, is made by and
between the City of Kent, a Municipal Corporation (the"Government Entity"), and PUGET SOUND
ENERGY, Inc , a Washington Corporation (the "Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity
B The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area")with a comparable underground electric distribution system, all as more specifically
described in the Protect Plan (the "Conversion Protect").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of (the "Design Agreement"), pursuant to which the parties completed
1 certain engineering design, cost assessment, operating rights planning and other preliminary work
relating to the Conversion Project and, in connection with that effort, developed the Project Plan
D The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74")to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1 Definitions.
1 (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the
same meanings when used in this Agreement, including, without limitation, the following
i) Cost of Conversion,
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) "Company-Initiated Upgrade"shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
Construction Agreement, Attachment"B"to Schedule 74, Page 1
City of Kent—4th Ave from James St, to North of Cloudy St
46
of such diameter and number as may be specified and agreed upon in the Protect Plan
necessary to replicate the load-carrying capacity (system amperage class) of the overhead
system being replaced.
(c) "Estimated Reimbursable Private Conversion Costs"shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below
(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being
replaced For purposes of the foregoing, any empty ducts installed at the request of the
Government Entity shall be a Government-Requested Upgrade.
(i) "Party" shall mean either the Company, the Government Entity, or both
(j) 'Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or(ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time
in accordance with Section 6, below The Project Plan includes, among other things, (i) a
detailed description of the Work that is required to be performed by each Party and any third
party, (ii)the applicable requirements and specifications for the Work, (iii)a description of the
Operating Rights that are required to be obtained by each Party for the Conversion Project(and
the requirements and specifications with respect thereto), (iv)an itemization and summary of the
Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated
Reimbursable Private Conversion Costs(if any), Estimated Reimbursable Temporary Service
Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v)the Work Schedule
(1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred ,
by the Company which are attributable to a Private Property Conversion, less (ii)the distribution
pole replacement costs (if any)that would be avoided by the Company on account of such
Construction Agreement, Attachment"B"to Schedule 74, Page 2
City of Kent—4ch Ave from James St, to North of Cloudy St
47
' Private Property Conversion, as determined consistent with the applicable Company distribution
facilities replacement program, plus (iii)just compensation as provided by law for the Company's
interests in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable
to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the
Estimated Reimbursable Private Conversion Costs without the prior written authorization of the
Government Entity.
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide
Temporary Service, as provided for in Schedule 74, and (ii)the removal of any facilities installed
to provide Temporary Service (less salvage value of removed equipment); provided that the
Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable
Temporary Service Costs without the prior written authorization of the Government Entity
(o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) "Shared Company Costs"shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project, provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity For the avoidance of doubt, the "Shared
Company Costs"shall, as and to the extent specified in the Design Agreement, include the
actual, reasonable costs to the Company for the "Design Work" performed by the Company
under the Design Agreement
(q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii)the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company
(
r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (11) costs
associated with any joint use of trenches by other utilities as permitted under Section 3(b)
(s) "Work" shall mean all work to be performed in connection with the Conversion Protect, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) "Work Schedule" shall mean the schedule specified in the Protect Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obligations of the Company
Construction Agreement, Attachment"B" to Schedule 74, Page 3
City of Kent—4th Ave from James St, to North of Cloudy St.
48
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity),
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected
to the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i)the Company Work completed to date, (ii)the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any)and the Work Schedule
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan,the Work Schedule and this Agreement.
3. Obligations of the Government Entity
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work")
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards)with the
Underground Distribution System or the installation or maintenance thereof Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and
the Government Entity shall be responsible for the coordination of the design and installation of
the facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i)the Government Work completed to date, (ii)the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
Construction Agreement, Attachment"B"to Schedule 74, Page 4
City of Kent—4th Ave from James St,to North of Cloudy St
49
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
' (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4 Work Schedule
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan Changes to the Work Schedule shall be made only in accordance with
Section 6, below
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives)for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule
5 Location of Facilities
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6 Changes
1 (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to (i)changes in, substitutions for, additions to or deletions of any Work; (ii) changes in
the specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall
be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the
objective of agreeing in writing on a mutually acceptable equitable adjustment If the Parties are
unable to agree upon the terms of the equitable adjustment, either Party may submit the matter
for resolution pursuant to the dispute resolution provisions in Section 10, below
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
Construction Agreement, Attachment"B"to Schedule 74, Page 5
City of Kent—4th Ave from James St, to North of Cloudy St.
50
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by (i) any Force Majeure Event under Section 11,
below, (ii)the discovery of any condition within the Conversion Area which affects the scope, '
cost, schedule or other aspect of the Work and was not known by or disclosed to the affected
Party prior to the date of this Agreement, or(iii) any change or inaccuracy in any assumptions
regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by
the Parties in the Protect Plan. Upon the request of either Party, the Parties will negotiate in good
faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at
any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment,
either Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in ,
accordance with any approved Request for Change Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party
7 Compensation and Payment
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows.
i) The Total Shared Costs shall be allocated to the Parties in the following percentages
(A)sixty percent (60%)to the Company, and (B)forty percent (40%)to the
Government Entity
ii) The Government Entity shall pay one hundred percent(100%) of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent(100%) of all Reimbursable
Upgrade Costs, if any
iv) The Government Entity shall pay one hundred percent(100%) of all Reimbursable
Temporary Service Costs, if any
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs
to perform that portion of the Government Work specified in Section 3(a)(i) and (ii)
(i e , Trenching and Restoration and surveying)
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade
vii) The Company shall pay one hundred percent (100%)of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement(the"Net Amount") The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows
i) Subtracting (as a credit to the Government Entity)the amount of the Shared
Government Costs
ii) Adding (as a credit to the Company)the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
Construction Agreement, Attachment"B"to Schedule 74, Page 6
City of Kent—4th Ave from James St, to North of Cloudy St.
51
The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
(c) Within sixty (60) business days of completion of the Conversion Protect, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the
"Government Itemization"), together with such documentation and information as the Company
may reasonably request to verify the Government Itemization The Government Itemization shall,
at a minimum, break down the Shared Government Costs by the following categories, as
applicable: (i) property and related costs incurred and/or paid by the Government Entity, including
any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the
Government Entity, including and listing separately inspection, labor, materials and equipment,
overhead and all costs charged by any agent, contractor or subcontractor of the Government
Entity
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement(the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii)the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii)any Reimbursable Private
I Conversion Costs, (iv)any Reimbursable Upgrade Costs, (v)any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii)the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable (i)design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
Iby any agent, contractor or subcontractor of the Company
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party
to the other Party, as specified in the Company Statement
8 Indemnification
' (a) The Government Entity 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 or arising out of any negligent act or omission or willful
' misconduct of the Government Entity in its performance under this Agreement During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
' (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
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 Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
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 8 extends to any such claim brought against the indemnified Party by
Construction Agreement, Attachment"B"to Schedule 74, Page 7
City of Kent—4`h Ave from James St, to North of Cloudy St.
52 ,
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
9 Conversion of Service to Customers within Conversion Area
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from
overhead to underground service within the applicable statutory period following written notice
from the Government Entity that service from underground facilities are available in accordance
with RCW 35.96.050 Upon the request of any customer, other than a single family residential
customer, within the Conversion Area, the Company shall remove the overhead system and
connect such persons' and entities' Underground Service Lines to the Underground Distribution
System
(b) The Parties acknowledge that single family residences within the Conversion Area must (1)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (1i) pay for
the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G
The Government Entity shall exercise its authority to order disconnection and removal of
overhead facilities with respect to owners failing to convert service lines from overhead to
underground within the timelines provided in RCW 35.96.050.
10. Dispute Resolution
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties A Party who wishes dispute resolution shall notify
the other Party in writing as to the nature of the dispute Each Party shall appoint a
representative who shall be responsible for representing the Party's interests. The
representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not
resolved within ten (10) business days of the date the disagreement was first raised by written
notice shall be referred by the Parties' representatives in writing to the senior management of the
Parties for resolution In the event the senior management are unable to resolve the dispute
within twenty (20) business days (or such other period as the Parties may agree upon), each
Party may pursue resolution of the dispute through other legal means consistent with the terms of
this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall
be confidential and shall be treated as compromise and settlement negotiations for purposes of
the state and federal rules of evidence ,
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect.
The decision(s)of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All
other disputes shall be resolved by litigation in any court or governmental agency, as applicable,
having jurisdiction over the Parties and the dispute
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys'fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys'fees)by the other Party.
Construction Agreement, Attachment"B"to Schedule 74, Page 8
City of Kent—4th Ave from James St, to North of Cloudy St. ,
i 53
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute
i11. Uncontrollable Forces
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; 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 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 obligations 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 caused by a
Force Majeure Event.
L12 Insurance
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout
the duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of$2,000,000 per
occurrence and $2,000,000 aggregate for personal injury; and $2,000,000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of$2,000,000
' (b) The Government Entity shall ensure that each of its contractors performing any Government
Work secures and maintains in force throughout the duration of the Conversion Project(or, if
sooner, until termination of this Agreement) insurance policies having the same coverage,
amounts and limits as specified Section 12(a), above
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance
13. Other
(a) Agreement Subiect To Tariff This Agreement is subject to the General Rules and Provisions set
' forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse
the Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination In such event, the costs reimbursable to the
Company(i) shall not be reduced by any Shared Government Costs or other costs incurred by
the Government Entity, and (ii) shall be paid within thirty (30)days after the receipt of the
Company's invoice therefor Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of
the Conversion Project and/or this Agreement.
i
Construction Agreement, Attachment"B"to Schedule 74, Page 9
' City of Kent—4th Ave from James St, to North of Cloudy St.
54
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
(d) Compliance With Law The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations
(e) No Discrimination The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race,
color, national origin, religion, creed, age, sex, or the presence of any physical or sensory '
handicap in the selection and retention of employees or procurement of materials or supplies
(f) Independent Contractor. The Company and the Government Entity agree that the Company is
an independent contractor with respect to the Work and this Agreement. The Company is acting
to preserve and protect its facilities and is not acting for the Government Entity in performing the
Work Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be '
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or
this Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company
(g) Nonwaiver of Rights or Remedies No failure or delay of either Party to insist upon or enforce '
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are
by this reference incorporated in this Agreement
Q) No Partnership This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or
liability upon either Party. Further, neither Party shall have any right, power or authority to enter
into any agreement or undertaking for or on behalf of, to act as or be an agent or representative
of, or to otherwise bind the other Party
(k) Severability. In the event that any provision of this Agreement or the application of any such i
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
Construction Agreement, Attachment"B"to Schedule 74, Page 10
City of Kent—4th Ave from James St, to North of Cloudy St
' 55
(1) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows
If to the Government Entity' City of Kent
220 Fourth Ave. South
Kent, WA 98032-5895
Attn Ken Langholz
Fax. 253-856-6500
If to the Company Puget Sound Energy, Inc
6905 South 228th Street
1 Kent, WA 98032
Attn Doug Corbin
Fax 253-395-6882
' Any Party may change its address specified in this Section 13(I) by giving the other Party notice
of such change in accordance with this Section 13(I).
(m)Applicable Law This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing
conflict of laws), except to the extent such laws may be preempted by the laws of the United
States of America
(n) Entire Agreement This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
' written or oral, with respect to the subject matter of this Agreement are hereby superseded in
their entireties; provided, however, that except as expressly set forth in this Agreement, nothing
herein is intended to or shall alter, amend or supersede the Design Agreement and the same
shall remain in full force and effect in accordance with its terms
(o) Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof
Government Entity- Company
City of Kent PUGET SOUND ENERGY, INC.
BY BY
ITS ITS Municipal Liaison Manager
Date Signed Date Signed
Approved as to form
Construction Agreement, Attachment"B"to Schedule 74, Page 11
City of Kent—4th Ave from James St, to North of Cloudy St.
56
I PUGET SOUND ENERGY
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City of Kent— 4t" St. N — Schedule 74 Conversion
PSE Project Number: 101042151
December 4, 2007
1 Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes work to be performed
' by PSE and the City of Kent (the "City") for the conversion of certain PSE electrical distribution
system facilities as described herein (the "Conversion Project"). Construction of this Conversion
1 Project is contingent upon and shall not commence prior to both written acceptance of this
Project Plan and written execution of a Schedule 74 Construction Agreement by the City and
PSE.
This Project Plan includes and consists of:
• Detailed description of the Construction Work to be performed
• Applicable requirements, drawings and specifications for the work (attached)
• Operating Rights to be obtained for the Conversion Project (attached)
• Construction Work Schedule
• Construction Costs Estimate Summary (attached)
Revisions to this Project Plan must be mutually approved by the City and PSE.
Scope of Work
This Conversion Project will replace PSE's existing overhead electrical distribution system with
an Underground Distribution System within the following area (the "Conversion Area"): 4th Av
1 N., from James Street north past W. Cloudy St, and intercept existing underground facilites to
the north. The Conversion Project is approximately 1,665 feet in length, including laterals and
road crossings.
The Conversion Project includes modification or replacement of all existing services lines within
the Conversion Area to connect to the Underground Distribution System and removal of PSE's
existing overhead electric distribution facilities (including PSE distribution poles and pole
mounted street lights) from the Conversion Area.
PSE initiated upgrades included in this project consist of: None
■' City requested upgrades included in this project consist of. None
Temporary Service included in this project consists of: None
City of Kent
4`"Av N Underground Conveision Page 1
101042151
57
The following portions of PSE's existing facilities to be converted are located outside of Public
Thoroughfare: None
In conjunction with the Conversion Project, PSE will remove its existing street lighting system
within the Conversion Area. Provision of a new street lighting system within the Conversion
Area under terms of applicable PSE Tariff Schedules will be addressed on a separate work order
and work sketch. Additional costs will apply and will be quoted separately.
Responsibilities of Patties
City Responsibilities
a) Provide written notice to customers within the Conversion Area in advance of '
Conversion Project Construction Work start. The notice will include contact information
for both the City and PSE, the expected Conversion Project schedule, anticipation of
service interruptions and work required to be performed by customers. '
b) Coordinate other utility conversion, removal and relocation from PSE's poles.
c) Provide all surveying for equipment placement, locations, and establish all grade
elevations for the Underground Distribution System within the Conversion Area.
d) Provide all necessary excavation, bedding, backfill, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut-over and transfer of existing underground
system and service lines from the existing overhead distribution system to the new
Underground Distribution System.
e) Coordinate private property trenching, excavation and restoration activity with private
property owners affected by this Conversion Project.
f) Provide flagging and traffic control as required for all work performed by the City.
g) Install and proof all ducts and vaults for the Underground Distribution System(excluding
work in ducts or vaults containing energized cables or equipment—see PSE
Responsibilities) in accordance with PSE standards and specifications using ducts and
vaults provided by PSE. "Proofing" as used herein is defined as verification using a
mandrel that the duct and vault system is free and clear of damage, installed to the proper
grade and at the proper location and contains a pulling line.
h) Provide PSE at least ten(10) business days notice prior to the start of trenching activity to
allow for delivery of PSE materials to the job site and scheduling of PSE's on-site
Inspector. Provide at least two (2) business days notice for scheduled delivery of vaults
from the manufacturer.
i) Provide secure staging and storage area(s) for duct and vault materials provided by PSE. '
The City shall be responsible for the security and condition of these materials until they
are installed and accepted by PSE or returned to PSE's custody.
j) Provide labor and equipment for the off-loading of PSE duct and vault materials
delivered to the job site.
City of Kent
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k) Promptly following notice from PSE that the Underground Distribution System has been
energized, provide notice to customers within the Conversion Area informing them of
their obligation and responsibility to convert their overhead service lines to underground
service lines as provided by state law or to modify existing underground service lines for
connection to the Underground Distribution System. Affected service lines are listed in
the Service Lines section of this Project Plan.
1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and
it's contractor(s), the City and it's contractor(s), and other utilities.
m Provide an necessary operating rights for the installation of PSE's facilities in
Y rY p g g
accordance with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the
City. Operating rights are further addressed in the Operating Rights section of this
Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
1 o) Following notification from PSE that Construction Work is complete, provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Pullet Sound Energy Responsibilities
a) Provide all duct and vault materials, cables, electrical equipment and components necessary
for installation of the Underground Distribution System.
b) Following notice from the City, deliver or cause to be delivered all duct and vault materials
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests.
c) Following notice from the City, provide inspection services needed for overseeing the proper
installation of ducts and vaults by the City.
d) Accept delivery of the completed duct and vault system once the new system has been
proofed(as described above) by the City. PSE will provide a mandrel to the City to be used
in proofing of the duct and vault system.
e) Provide PSE electrical workers to complete duct installation and proofing when such work is
performed at or in any energized vault containing energized cables or equipment.
f) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground Distribution
System is energized.
g) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item "d" concerning trenching
responsibility). PSE will notify the City for excavation and the affected customers at least
two (2)business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
City of Kent
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59
h) Install and connect replacement underground service lines to single family residences and
connect replacement non-residential underground service lines provided by customers within
the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service lines are listed in
the Service Lines section of this Project Plan.
i) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE's poles. Holes left following removal of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
j) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
k) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor.
Operating Rights
The Underground Distribution System will be located within Public Thoroughfare except as
described in the Operating Rights Attachment. The Construction Work will not be released by
PSE for construction until i) all operating rights necessary for the installation of PSE's facilities
have been obtained and have been verified by PSE, or ii) the City otherwise signs an agreement
releasing PSE from any and all financial obligations associated with the location or relocation of
PSE facilities resulting from commencement of construction prior to acquisition of all identified
necessary operating rights.
Construction Work Schedule
The work will be performed in accordance with the following Work Schedule, unless this
schedule is revised by mutual agreement of the City and PSE or circumstances beyond the
reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Spring/Summer 2008
Installation and energization of the Underground Distribution System: Summer 2008
Removal of overhead facilities: Fall 2008
Installation and removal of Temporary Service: None
Work Schedule Restrictions: None
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
City of Kent
4ih Av N Underground Conversion Page 4
101042151 ,
60
costs are valid for 90 days from the date on the Construction Costs Estimate Summary page. If
this Project Plan and the Construction Agreement are not fully executed within 90 days, the
estimated cost is subject to revision.
Project Assumptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement.
Cost Assumptions
1. The Construction Work will be performed in accordance with the Construction Work
Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days of the notice of
completion from the City. In the event PSE rejects any of the ducts or vaults (with
reasonable written justification), the City will perform the necessary remedial work. The
City will then re-notify PSE and PSE shall have five (5) business days to accept or reject the
remedial work.
3. All PSE cables can be pulled through the ducts and vaults system to be used for the
Conversion Project utilizing normal cable pulling techniques.
4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application (including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
5. The daily productivity rate for PSE duct and vault installation is based on the City's
contractor opening a minimum of 50 feet of trench per working day. The daily productivity
rate is used to calculate the number of days a PSE provided inspector will be required.
During construction, the Inspector will be scheduled in full day increments and in one
continuous effort. Changes to a continuous schedule are required a minimum of two days in
advance.
6. This proposal assumes the use of two flaggers, basic signage and simple channelization.
Additional traffic control measures are not included.
7. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
8. All cut-over and transfer work will be completed during regular working hours.
9. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, the associated
installation cost will be a shared cost.
City of Kent
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10. Where noted on the plans, existing ducts, either empty or currently used, are to be utilized for
new cables. The Construction Costs Estimate assumes that such ducts are in place and
available for use to pull in new cables using the same equipment and effort as newly installed
ducts.
11. The Construction Costs Estimate assumes that guy anchors are installed prior to the
installation of the ducts in the area. Installation of guy anchors in the same area as newly
installed conduits may be subject to Change Order.
12. The labor rate assumption used in the Cost Estimate is based on 2007 rates. As no labor
agreement yet exists for 2008 and the construction schedule assumptions are for all work to
be started and completed in 2008, a change order for the differential in labor rates will be
assumed as part of this plan when those new rates have been established.
Schedule
1. There will be a total of three (3) PSE crew mobilizations as follows: i) one mobilization of an
underground line crew for installation of underground conductors and equipment; ii) one
mobilization for an underground line crew to re-connect existing services that have been
converted to underground, and iii) one mobilization of an overhead line crew for removal of
the existing overhead facilities. Once mobilized PSE crews will have continuous productive
work until all PSE Construction Work is complete. Any additional mobilizations will be
addressed by Change Order.
2. All PSE Construction Work will be performed during regular working hours from 7AM to
5PM, excluding holidays. In the event that lane closures are necessary for performance of
work, PSE shall be limited to working between the hours of 9AM to 3PM. PSE will provide
a weekly construction schedule during the weekly meeting. Once approved, PSE crews will
be allowed to complete the work as scheduled, without changes and work stoppages caused
by other construction activities.
3. Work requiring scheduled interruption of electric service (cut-overs and transfers) will be
performed during the working hours specified in Schedule Assumption#2 above, and will be
scheduled with at least two (2) business days notice. PSE will notify customers of scheduled
service interruptions.
Additional Considerations
Service Lines
Service lines within the Conversion Area must be replaced or modified to provide underground
service from the Underground Distribution System as described in the attached Service Lines
Replacement& Modification Requirements List. PSE Tariff Schedule 85 will apply to
performance of this work.
City of Kent
4'h Av N Underground Conversion Page 6
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62
Cut-overs and Transfers
' PSE customers within the Conversion Area will experience interruption of electric service during
performance of the Construction Work when transferring system and customer loads from the
overhead distribution system to the Underground Distribution System. PSE will notify
customers at least two (2) business days in advance of expected service interruptions. Customers
may request that cut-over and transfer work affecting their service be performed outside the
regular working hours listed above subject to the customer's written agreement to reimburse PSE
for the additional cost (at overtime rates) to perform such work outside the regular working
hours.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE's "Electric Distribution Trench/Duct/Vault Construction Standards, 2005". All relevant
PSE standard described above are attached to this Project Plan by this reference.
Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported due to excavation in proximity to
such poles, the City will coordinate with PSE to provide such support. The need to temporarily
support such poles shall be determined by PSE, and if required, such support shall be provided
by PSE. As used herein, "temporary support" means supporting one or more poles for a
continuous working period of ten hours or less.
Acceptance of Protect Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By: By:
Its: Its:
Date: Date:
City of Kent
4°i Av N Underground Conversion Page 7
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63
JOINT TRENCH AGREEMENT
Between the City of Kent and Qwest
for 4th Avenue North Improvements
' THIS AGREEMENT is entered into between the City of Kent, a Washington municipal
corporation ("City"), and QWEST, a Colorado corporation ("Qwest").
' RECITALS
WHEREAS, the City is making right-of-way improvements to 4t" Avenue N.
WHEREAS, it is the City's belief that, pursuant to local ordinance, that these right-of-
way improvements require Qwest to underground its facilities that are currently located above
ground.
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract for the
construction of a trench which shall include the City, Comcast, Qwest, and PSE facilities. This
trench will be placed along the east side of 41h Avenue N. from James Street to approximately
375 feet north of West Cloudy Street. There will be approximately five (5) trench crossings of 41"
Avenue N. to serve customers on the west side of the street.
' 2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
"the contractor" in this Agreement. The contractor, pursuant to a contract with the City, shall
excavate the trench, install City, PSE, Comcast, and Qwest conduits and vaults, accommodate
and coordinate the installation of other utilities, install the bedding material, backfill and
' compact the trench, and perform any restoration required by the City, all to be performed in a
good and workmanlike manner consistent with industry standards. The City represents that any
such contract shall further require of contractor that the work be conducted in conformity with (1)
the applicable procedures and requirements of the parties as described herein; (ii) all applicable
laws, ordinances and regulations of any governmental authority, and; (Ili) all applicable terms
and provisions of the National Electric Safety Code, as may be amended, supplemented or
' replaced from time to time, including but not limited to those pertaining to protection and
separation of conductors buried in earth.
' JOINT TRENCH AGREEMENT—Page I of 7 (November 27,2007)
(between City of Kent and Qwest Re. 4 Ave N)
64
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Qwest shall provide engineering drawings to the City and obtain a
permit from the City for the underground relocation of Qwest's facilities. These drawings shall
show in detail the location and elevation of the conduits, trench, and vaults, and shall include a ,
general traffic control plan for activities not associated with installation of facilities within the
contractor controlled open trench area.
B. Installation. Qwest shall be responsible for supplying conduits and vaults within
ten (10) days notice provided by the City or its contractor. The City's contractor shall install
conduits and vaults in the joint trench. Qwest shall also be responsible for supplying and
installing all conductors. All right, title and interest in the facilities and associated equipment
shall at all times remain with Qwest. Parties hereto acknowledge and agree that Qwest shall in
no event be required to remove their respective, affected aerial facilities prior to completion of
the underground facilities in accordance with this Agreement, and so long as said installation is
completed in conformity with this Agreement.
C. Traffic Control. The Ci 's contractor shall provide all traffic control associated '
.ff ty
with installation of facilities within the contractor controlled open trench area. Qwest shall be
responsible for providing traffic control during installation of facilities not associated with the
controlled open trench area.
D. Qwest Coordination. Qwest shall maintain continued coordination with the
contractor regarding the installation of Qwest's facilities. This coordination shall include but not
be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Inspection of job by a Qwest inspector.
3. Coordination with other utility companies included in the joint trench for the
placement of conduit within the trench and during conversion of overhead
facilities to underground. ,
E. Surveys. The City will provide the survey for the location of the trench and
vaults.
F. Election Not to Proceed. If Qwest elects not to proceed with joining in the trench
provided by the contractor, Qwest shall remain liable for completing all work described in the ,
approved permit within the time frame specified on the permit.
4. COMPENSATION
A. Trench costs. Qwest agrees to pay the City for installation of Qwest conduit and
vaults, a portion of the trench costs, including trench bedding and backfill, commensurate with
their proportionate share of trench usage as shown in Exhibit A attached hereto and incorporated
JOINT TRENCH AGREEMENT—Page 2 of 7 (November 27,2007) '
(between City of Kent and Qwest Re- 4 Ave N)
65
by this reference. Preliminary costs will be agreed upon prior to construction based on an
estimate from the bid accepted by the City. Costs will be finalized after completion of
' construction and Qwest agrees to pay the City for actual construction costs.
B. Survey. Qwest agrees to pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate and
place Qwest facilities.
C. Additional Expenses. Qwest agrees to pay their proportionate share of additional
expenses incurred due to Qwest's approved change requests requiring additional trench depth or
width and for unforeseen conditions, including but not limited to dewatering for ground water.
Qwest will not pay for any share of additional expenses incurred due to approved change
requests from PSE, Comcast and/or the City.
D. Claims by Contractor. Qwest agrees to pay the entire cost of any claims made by
the contractor that are proximately caused by Qwest. These claims may include delays caused
by installing Qwest facilities or delays caused by Qwest's failure to provide materials in
accordance with this agreement.
' E. Vaults. Qwest agrees to pay for the excavation, site preparation, and installation
for their vaults separately and in addition to any survey costs and trench costs discussed above.
These additional costs shall be preliminarily determined from the bid price accepted by the City.
The cost to excavate for and install Qwest's vaults will be finalized after completion of
construction and Qwest agrees to pay the City for actual construction costs.
F. Invoice. Qwest agrees to pay the City within sixty (60) days of being invoiced by
the City for amounts that the contractor has invoiced the City and which Qwest has agreed to pay
under this Agreement.
G. Defective or Unauthorized Work. Per the terms of the agreement between the
City and contractor, Qwest reserves the right to withhold payment from the City for any
defective or unauthorized work performed by the contractor. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements of this
Agreement, and extra work and materials furnished without Qwest's written approval. If for any
' reason it is necessary to satisfactorily complete any portion of the work, Qwest may complete the
work using its own means and the City shall be liable to Qwest for any additional costs incurred
by Qwest. "Additional costs" shall mean all reasonable costs, including legal costs and attorney
' fees, incurred by the parties beyond the price included in the bid accepted by the City. Qwest
further reserves the right to offset the cost to complete the work, including any additional costs,
from any and all amounts due or to become due the City.
H. Final Payment/Waiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the contractor, except those previously and properly made
and identified by the contractor as unsettled at the time request for final payment is made.
JOINT TRENCH AGREEMENT—Page 3 of 7 (November 27,2007)
(between City of Kent and Qwest Re 4 Ave N)
r
66
5. CHANGES.
Qwest shall submit any changes requested to be performed by the City's contractor to the ,
City. The City shall submit this to the contractor; obtain an estimated price from the contractor
to perform the work, and notify Qwest of this estimated price. Qwest shall have 24 hours from
receiving the estimated price from the City to respond. If Qwest chooses not to accept the '
contractor's estimated price then this work shall only be performed by Qwest according to a
mutually agreed upon schedule with the contractor so as not to cause delay to the contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party's work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party. '
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons ,
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
party's negligence. The provisions of this section shall survive the expiration or termination of '
this Agreement.
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. INSURANCE.
The contract between the City and the contractor shall require that the contractor procure
and maintain for the duration of the project insurance of the types and in the amounts described
below against claims for injuries to persons or damage to property which may arise from or in '
connection with the performance of the work by the contractor, its agents, representative,
employees, subconsultants or subcontractors.
1. Automobile Liability insurance with limits no less than $1,000,000 combined '
single limit per accident for bodily injury and property damage.
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
general aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
JOINT TRENCH AGREEMENT—Page 4 of 7 (November 27,2007)
(between Cary of Kent and Qwest Re- 4 Ave N)
67
' products/completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employer's liability.
' 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence
and aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of
the contractor. The parties, their officials, employees, agents and volunteers shall be named as
additional insureds on the insurance policy, as respects work performed by or on behalf of the
' parties and a copy of the endorsement naming the parties as additional insured shall be attached
to the Certificate of Insurance, copies of which shall be provided to the parties prior to
commencement of construction by the contractor. The contractor's insurance shall contain a
clause stating that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer's liability.
8. MISCELLANEOUS.
A. 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.
B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect.
C. 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 available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
D. 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.
E. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
F. 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 affected party.
' JOINT TRENCH AGREEMENT—Page 5 of 7 (November 27,2007)
(between Cary of Kent and Qwest Re 4 Ave N)
68 '
G. 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.
H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever ,
of another.
1. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots
or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other
similar catastrophes or other causes beyond the parties' reasonable control. The scope of events
of force majeure shall not extend to payment of money owed hereunder. '
J. 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.
IN WITNESS WHEREOF, the parties below have executed this Agreement. '
QWEST OF WASHINGTON IV, INC. CITY OF KENT
Print Name: Print Name:
Title: Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
QWEST CITY OF KENT
JOINT TRENCH AGREEMENT—Page 6 of 7 (November 27,2007)
(between City of Kent and Qwest Re. 4 Ave N)
' 69
Qwest City of Kent
23315 66th Avenue South 220 Fourth Avenue South
' Kent, WA 98032 Kent, WA 98032
Attn: Warren Perkins Attn: Ken Langholz
(253) 372-5325(Desk) (253) 856-5516 (Desk)
' (877) 517-5712 (Pager) (253) 856-6500 (Fax)
(253) 372-5176 (Fax)
' APPROVED AS TO FORM:
Kent Law Department
P\evil\FILES\OpenFilct\0177-2005UomtTrenchAgrcancnt-Qwest-MihtaryRoad doe
' JOINT TRENCH AGREEMENT—Page 7 of 7 (November 27,2007)
(between City of Kent and Qwest Re 4 Ave N)
70
Exhibit A
Military Road Trench Agreement
1
EXHIBIT A-JOINT TRENCH AGREEMENT—4TH AVENUE NORTH ,
(between Cary of Kent and Qwest)
' 71
JOINT TRENCH AGREEMENT
Between the City of Kent and Qwest
for James Street Improvements
' THIS AGREEMENT is entered into between the City of Kent, a Washington municipal
corporation ("City"), and QWEST, a Colorado corporation ("Qwest").
' RECITALS
WHEREAS, the City is making right-of-way improvements to James Street.
WHEREAS, it is the City's belief that, pursuant to local ordinance, that these right-of-
way improvements require Qwest to underground its facilities that are currently located above
' ground.
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract for the
construction of a trench which shall include the City, Comcast, Qwest, and PSE facilities. This
trench will be placed along the north side of James between east side of 41h Ave N and the pole
east of the Union Pacific railway right-of-way. There will be one trench crossing of James Street
to serve customers on the south side of the street.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
"the contractor" in this Agreement. The contractor, pursuant to a contract with the City, shall
excavate the trench, install City, PSE, and Qwest conduits and vaults, accommodate and
coordinate the installation of other utilities, install the bedding material, backfill and compact the
' trench, and perform any restoration required by the City, all to be performed in a good and
workmanlike manner consistent with industry standards. The City represents that any such
contract shall further require of contractor that the work be conducted in conformity with (i) the
applicable procedures and requirements of the parties as described herein; (ii) all applicable laws,
ordinances and regulations of any governmental authority, and; (iii) all applicable terms and
provisions of the National Electric Safety Code, as may be amended, supplemented or replaced
' from time to time, including but not limited to those pertaining to protection and separation of
conductors buried in earth.
JOINT TRENCH AGREEMENT—Page 1 of 7 (November 27,2007)
(between City of Kent and Qwest Re James Street)
72 '
r
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Qwest shall provide engineering drawings to the City and obtain a
permit from the City for the underground relocation of Qwest's facilities. These drawings shall
show in detail the location and elevation of the conduits, trench, and vaults, and shall include a
general traffic control plan for activities not associated with installation of facilities within the
contractor controlled open trench area.
B. Installation. Qwest shall be responsible for supplying conduits and vaults within '
ten (10) days notice provided by the City or its contractor. The City's contractor shall install
conduits and vaults in the joint trench. Qwest shall also be responsible for supplying and
installing all conductors. All right, title and interest in the facilities and associated equipment
shall at all times remain with Qwest. Parties hereto acknowledge and agree that Qwest shall in
no event be required to remove their respective, affected aerial facilities prior to completion of '
the underground facilities in accordance with this Agreement, and so long as said installation is
completed in conformity with this Agreement.
C. Traffic Control. The Cit 's contractor shall provide all traffic control associated '
.ff Y
with installation of facilities within the contractor controlled open trench area. Qwest shall be '
responsible for providing traffic control during installation of facilities not associated with the
controlled open trench area.
D. Qwest Coordination. Qwest shall maintain continued coordination with the ,
contractor regarding the installation of Qwest's facilities. This coordination shall include but not
be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Inspection of job by a Qwest inspector.
3. Coordination with other utility companies included in the joint trench for the
placement of conduit within the trench and during conversion of overhead
facilities to underground.
E. Surveys. The City will provide the survey for the location of the trench and
vaults.
F. Election Not to Proceed. If Qwest elects not to proceed with joining in the trench
provided by the contractor, Qwest shall remain liable for completing all work described in the ,
approved permit within the time frame specified on the permit.
4. COMPENSATION
A. Trench costs. Qwest agrees to pay the City for installation of Qwest conduit and
vaults, a portion of the trench costs, including trench bedding and backfill, commensurate with '
their proportionate share of trench usage as shown in Exhibit A attached hereto and incorporated
JOINT TRENCH AGREEMENT—Page 2 of 7 (November 27,2007) ,
(between City o f Kent and Qwest Re•James Street)
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by this reference. Preliminary costs will be agreed upon prior to construction based on an
estimate from the bid accepted by the City. Costs will be finalized after completion of
construction and Qwest agrees to pay the City for actual construction costs.
B. Survey. Qwest agrees to pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate and
place Qwest facilities.
' C. Additional Expenses. Qwest agrees to pay their proportionate share of additional
expenses incurred due to Qwest's approved change requests requiring additional trench depth or
width and for unforeseen conditions, including but not limited to dewatering for ground water.
Qwest will not pay for any share of additional expenses incurred due to approved change
requests from PSE, Comcast and/or the City.
' D. Claims by Contractor. Qwest agrees to pay the entire cost of any claims made by
the contractor that are proximately caused by Qwest. These claims may include delays caused
by installing Qwest facilities or delays caused by Qwest's failure to provide materials in
accordance with this agreement.
E. Vaults. Qwest agrees to pay for the excavation, site preparation, and installation
for their vaults separately and in addition to any survey costs and trench costs discussed above.
These additional costs shall be preliminarily determined from the bid price accepted by the City.
The cost to excavate for and install Qwest's vaults will be finalized after completion of
construction and Qwest agrees topay the City for actual construction costs.
' F. Invoice. Qwest agrees to pay the City within sixty (60) days of being invoiced by
the City for amounts that the contractor has invoiced the City and which Qwest has agreed to pay
under this Agreement.
G. Defective or Unauthorized Work. Per the terms of the agreement between the
City and contractor, Qwest reserves the right to withhold payment from the City for any
defective or unauthorized work performed by the contractor. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements of this
Agreement, and extra work and materials furnished without Qwest's written approval. If for any
reason it is necessary to satisfactorily complete any portion of the work, Qwest may complete the
work using its own means and the City shall be liable to Qwest for any additional costs incurred
by Qwest. "Additional costs" shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the parties beyond the price included in the bid accepted by the City. Qwest
further reserves the right to offset the cost to complete the work, including any additional costs,
from any and all amounts due or to become due the City.
H. Final Payment/Waiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the contractor, except those previously and properly made
and identified by the contractor as unsettled at the time request for final payment is made.
JOINT TRENCH AGREEMENT—Page 3 of 7 (November 27,2007)
(between City of Kent and Qwest Re. James Street)
74
5. CHANGES.
Qwest shall submit any changes requested to be performed by the City's contractor to the
City. The City shall submit this to the contractor; obtain an estimated price from the contractor
to perform the work, and notify Qwest of this estimated price. Qwest shall have 24 hours from
receiving the estimated price from the City to respond. If Qwest chooses not to accept the '
contractor's estimated price then this work shall only be performed by Qwest according to a
mutually agreed upon schedule with the contractor so as not to cause delay to the contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party's work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
Should a court of competent jurisdiction determine that this Agreement is subject to
P J g J
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
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. INSURANCE.
The contract between the City and the contractor shall require that the contractor procure
and maintain for the duration of the project insurance of the types and in the amounts described
below against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work by the contractor, its agents, representative,
employees, subconsultants or subcontractors.
1. Automobile Liability insurance with limits no less than $1,000,000 combined ,
single limit per accident for bodily injury and property damage.
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
general aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual; '
JOINT TRENCH AGREEMENT—Page 4 of 7 (November 27,2007) '
(between Cary of Kent and Qwest Re. James Street)
75
products/completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employer's liability.
1 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence
and aggregate.
I Any payment of deductible or self insured retention shall be the sole responsibility of
the contractor. The parties, their officials, employees, agents and volunteers shall be named as
additional insureds on the insurance policy, as respects work performed by or on behalf of the
parties and a copy of the endorsement naming the parties as additional insured shall be attached
to the Certificate of Insurance, copies of which shall be provided to the parties prior to
commencement of construction by the contractor. The contractor's insurance shall contain a
clause stating that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer's liability.
' 8. MISCELLANEOUS.
A. Compliance with Laws. The parties shall comply with all federal, state and local
1 laws, rules and regulations throughout every aspect in the performance of this Agreement.
1 B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect.
C. 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 available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
D. 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.
E. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
1 sent to the addressee at the address stated on this Agreement.
F. 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 affected party.
' 101NT TRENCH AGREEMENT—Page 5 of 7 (November 27,2007)
(between Cary of Kent and Qwest Re James Street)
76
G. 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.
H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever
of another.
1. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots ,
or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other
similar catastrophes or other causes beyond the parties' reasonable control. The scope of events
of force majeure shall not extend to payment of money owed hereunder.
J. 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.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
QWEST OF WASHINGTON IV, INC. CITY OF KENT
Print Name: Print Name:
Title: Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
QWEST CITY OF KENT
JOINT TRENCH AGREEMENT—Page 6 of 7 (November 27,2007)
(between City of Kent and Qwest Re. James Street)
77
' Qwest City of Kent
23315 66th Avenue South 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
Attn: Warren Perkins Attn: Ken Langholz
(253) 372-5325(Desk) (253) 856-5516 (Desk)
(877) 517-5712 (Pager) (253) 856-6500 (Fax)
(253) 372-5176 (Fax)
APPROVED AS TO FORM:
IKent Law Department
P\Ctvd\FILES\Open Fdcs\0177-2005UomtTrcnchAgrccmcnt-Qwcst-MthtaryRoad doc
1
' JOINT TRENCH AGREEMENT—Page 7 of 7 (November 27,2007)
(between City of Kent and Qwest Re James Street)
i
78
Exhibit A
James Street Trench Agreement
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EXHIBIT A-JOINT TRENCH AGREEMENT—JAMES STREET 1
(between City of Kent and Qwest)
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JOINT TRENCH AGREEMENT
r Between the City of Kent and Comcast
for James Street Improvements
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation ("City"), and Comcast of Washington IV, Inc. a Washington corporation
("Comcast").
RECITALS
WHEREAS, the City is making right-of-way improvements to James Street.
WHEREAS, it is the City's belief that, pursuant to local ordinance and the franchise
agreement between the City and Comcast dated May 4, 1993, and the Franchise Clarification
Agreement dated May 5, 2004, that these right-of-way improvements require Comcast to
underground its facilities that are currently located above ground.
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities.
AGREEMENT
rTo facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract for the
r construction of a trench which shall include the City, Comcast, Qwest, and PSE facilities. This
trench will be placed along the north side of James between east side of 41" Ave N and the pole
east of the Union Pacific railway right-of-way. There will be one trench crossings of James
' Street to serve customers on the south side of the street.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
"the contractor" in this Agreement. The contractor, pursuant to a contract with the City, shall
excavate the trench, install City, PSE, and Qwest facilities, accommodate and coordinate the
installation of Comcast facilities, install the bedding material, backfill and compact the trench,
and perform any restoration required by the City, all to be performed in a good and workmanlike
' manner consistent with industry standards. The City represents that any such contract shall
further require of contractor that the work be conducted in conformity with (i) the applicable
procedures and requirements of the parties as described herein; (ii) all applicable laws,
ordinances and regulations of any governmental authority, and; (iii) all applicable terms and
provisions of the National Electric Safety Code, as may be amended, supplemented or replaced
JOINT TRENCH AGREEMENT—Page 1 of 8 (Noveinber 27,2007)
(between City of Kent and Comcast Re James Street)
r
80
from time to time, including but not limited to those pertaining to protection and separation of
conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Comcast shall provide engineering drawings to the City and obtain a
permit from the City for the underground relocation of Comcast's facilities. These drawings
shall show in detail the location and elevation of the conduits, trench, and vaults, and shall
include a general traffic control plan for activities not associated with installation of facilities
within the contractor controlled open trench area.
B. Installation. Comcast shall be responsible for supplying and/or installing within the
open trench their own facilities, including all conductors, vaults and conduits as outlined in
subsection 3.D. All right, title and interest in the facilities and associated equipment shall at all
times remain with Comcast. Parties hereto acknowledge and agree that Comcast shall in no '
event be required to remove their respective, affected aerial facilities prior to completion of the
underground facilities in accordance with this Agreement, and so long as said installation is
completed in conformity with this Agreement.
C. Traffic Control. The City's contractor shall provide all traffic control associated '
with installation of facilities within the contractor controlled open trench area. Comcast shall be
responsible for providing traffic control during installation of facilities not associated with the
controlled open trench area. '
D. Comcast Coordination. Comcast shall maintain continued coordination with the
contractor regarding the installation of Comcast's facilities. This coordination shall include but
not be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Time and duration of work including project schedule by Comcast's
contractor to install facilities in the trench. Once the contractor has given one
week notice to Comcast of when the trenching work will begin, Comcast shall
abide by the following:
a. Comcast shall have available manpower and equipment on site and shall I
have a three (3) hour window per day with which to install conduits in the
trench provided and plumb them into the vaults. The City's contractor
will install Comcast's conduit in the street crossings.
b. The City's contractor will excavate approximately 200 feet of trench a day
except at street crossings. '
c. The City's contractor shall provide Comcast daily notification as to the
exact timing of when Comcast's three (3) hour installation window will
start. '
JOINT TRENCH AGREEMENT—Page 2 of 8 (November 27,2007) '
(between City of Kent and Comcast Re. James Street)
' 81
d. The City's contractor will excavate for and place Comcast vaults in the
trench.
1 e. Comcast shall coordinate closely with the City's contractor and provide all
necessary materials.
3. Location of where Comcast's contractor will begin the work.
4. Coordination with other utility companies included in the joint trench for the
1 placement of conduit. This may include the stacking of conduits with another
utility, and locating conduits below or around other vaults.
E. Surveys. The City will provide the survey for the location of the trench and vaults.
F. Election Not to Proceed. If Comcast elects not to proceed with joining in the trench
provided by the contractor, Comcast shall remain liable for completing all work within the
approved permit at the time frame specified on the permit.
4. COMPENSATION
A. Trench costs Comcast agrees to pay the City a portion of the trench costs,
including trench bedding and backfill, commensurate with their proportionate share of trench
usage as shown in Exhibit A attached hereto and incorporated by this reference. Preliminary
1 costs will be agreed upon prior to construction based on an estimate from the bid accepted by the
City. Costs will be finalized after completion of construction and Comcast agrees to pay the City
for actual construction costs.
' B. Street Crossings. Comcast agrees to pay for the installation costs for the City's
contractor to install Comeast's conduits in the street crossings. These costs are in addition to the
Itrench costs outlined in subsection 4. A herein.
C. Survey. Comcast agrees to pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate and
place Comcast facilities.
D. Additional Expenses. Comcast agrees to pay their proportionate share of additional
expenses incurred due to Comcast's approved change requests requiring additional trench depth
or width and for unforeseen conditions, including but not limited to dewatering for ground water.
Comcast will not pay for any share of additional expenses incurred due to approved change
requests from PSE, Qwest and/or the City.
E. Claims by Contractor. Comcast agrees to pay the entire cost of any claims made by
the contractor that are proximately caused by Comcast. These claims may include delays caused
by installing Comcast facilities, delays caused by Comcast providing materials, or any other
conflicts between the contractor and Comeast's contractor.
1 JOINT TRENCH AGREEMENT—Page 3 of 8 (November 27,2007)
(between City of Kent and Comcast Re James Street)
82
F. Vaults. Comcast agrees to pay for the excavation, site preparation, and installation '
for their vaults separately and in addition to any survey costs and trench costs discussed above.
These additional costs shall be preliminarily determined from the bid price accepted by the City. '
The cost to excavate for and install Comcast's vaults will be finalized after completion of
construction and Comcast agrees to pay the City for actual construction costs.
G. Invoice Comcast agrees to pay the City within sixty (60) days of being invoiced by
the City for amounts that the contractor has invoiced the City and which Comcast has agreed to
pay under this Agreement.
H. Defective or Unauthorized Work. Per the terms of the agreement between the City
and contractor, Comcast reserves the right to withhold payment from the City for any defective
or unauthorized work performed by the contractor. Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this
Agreement, and extra work and materials furnished without Comcast's approval. If for any t
reason it is necessary to satisfactorily complete any portion of the work, Comcast may complete
the work using its own means and the City shall be liable to Comcast for any additional costs
incurred by Comcast. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the parties beyond the price included in the bid accepted by the
City. Comcast further reserves the right to offset the cost to complete the work, including any
additional costs, from any and all amounts due or to become due the City.
I. Final Payment/Waiver of Claims. The making of final payment by the parties shall '
constitute a waiver of claims by the contractor, except those previously and properly made and
identified by the contractor as unsettled at the time request for final payment is made.
5. CHANGES.
Comcast shall submit any changes requested to be performed by the City's contractor to
the City. The City shall submit this to the contractor; obtain an estimated price from the
contractor to perform the work, and notify Comcast of this estimated price. Comcast shall have
24 hours from receiving the estimated price from the City to respond. If Comcast chooses not to
accept the contractor's estimated price then this work shall only be performed by Comcast
according to a mutually agreed upon schedule with the contractor so as not to cause delay to the
contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party's work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
JOINT TRENCH AGREEMENT—Page 4 of 8 (November 27,2007)
(between City of Kent and Comcast Re:James Street)
83
The indemnification from Comcast to the City shall include all claims, injuries, damages,
losses or suits from third parties arising out of the fact that the specific portion of the trench at
issue was being made available to Comcast for more than the three (3) hour time frame provided
for in Section 3.D.2. by the contractor, 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 out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
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. INSURANCE.
The contract between the City and the contractor shall require that the contractor procure
and maintain for the duration of the project insurance of the types and in the amounts described
' below against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work by the contractor, its agents, representative,
employees, subconsultants or subcontractors.
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
j2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
general aggregate for personal injury, bodily injury and property damage.
_ Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion,
1 collapse and underground(XCU); and employer's liability.
3. Excess Liability insurance with limits not less than $1,000,000 per occurrence
and aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of
the contractor. The parties, their officials, employees, agents and volunteers shall be named as
additional insureds on the insurance policy, as respects work performed by or on behalf of the
parties and a copy of the endorsement naming the parties as additional insured shall be attached
to the Certificate of Insurance, copies of which shall be provided to the parties prior to
1 JOINT TRENCH AGREEMENT—Page 5 of 8 (November 27,2007)
(between City of Kent and Comcast Re James Street)
84 ,
commencement of construction by the contractor. The contractor's insurance shall contain a
clause stating that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer's liability.
8. FRANCHISE AGREEMENT.
The City and Comcast agree that as to future projects, by entering into this Agreement,
neither party has waived any rights it may have under the existing franchise agreement between
the City and Comcast, and the City and Comcast expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, Comcast's participation in the joint
trench activity contemplated in this Agreement, and its very participation in this Agreement,
shall in no event be construed as acceptance, affirmation or ratification of the City's construction
of Comcast's obligation to underground and enter into a writing pursuant to the franchise
agreement, and parties understand and agree that the terms and conditions of this Agreement
shall not be considered as a basis for future undergrounding projects that may be franchise-
required.
9. MISCELLANEOUS.
A. 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.
B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of '
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
C. 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 available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
D. 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.
E. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
JOINT TRENCH AGREEMENT—Page 6 of 8 (November 27,2007)
(between City of Kent and Comcast Re•James Street)
85
F. 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
1 each of affected party.
G. 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.
1 H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever
of another.
I. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots
or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other
similar catastrophes or other causes beyond the parties' reasonable control. The scope of events
of force majeure shall not extend to payment of money owed hereunder.
I J. 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.
JOINT TRENCH AGREEMENT—Page 7 of 8 (November 27,2007)
(between City of Kent and Comcast Re. James Street)
86
IN WITNESS WHEREOF, the parties below have executed this Agreement.
COMCAST OF WASHINGTON IV, INC. CITY OF KENT
Print Name: Ken Rhoades Print Name:
Title: Area Vice President Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
COMCAST CITY OF KENT
Comcast City of Kent
4020 Auburn Way N 220 Fourth Avenue South
Auburn, WA 98002 Kent, WA 98032
Attn: Jim Nies Attn: Ken Langholz
253 288-7531(Desk) (253) 856-5516 (Desk)
(206) 571-8893 (Cell) (253) 856-6500 (Fax)
(253) 288-7500 (Fax)
With a copy to: APPROVED AS TO FORM: i
Comcast Cable Communications, LLC
1500 Market Street
Philadelphia, PA 19102 Kent Law Department
Attention: General Counsel
P\Civil\FILES\OpenFdcs\0177-200511omtTrcnchAgccmcnt-Comcast-MduaryRoad doc
JOINT TRENCH AGREEMENT—Page 8 of 8 (November 27,2007)
(between City of Kent and Comcast Re•James Street)
87
Exhibit A
James Street Trench Agreement
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EXHIBIT A-JOINT TRENCH AGREEMENT—JAMES STREET
(between City of Kent and Comeast)
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JOINT UTILITY TRENCH AGREEMENT
Between the City of Kent and Puget Sound Energy
James St. West of 4tn Ave.
THIS AGREEMENT is entered into between the CITY OF KENT, a Washington
municipal corporation ("City"), and Puget Sound Energy, a Washington corporation ("PSE").
This Agreement may refer to PSE or to the City as a Party ("Party") or Parties ("Parties") to
this Agreement.
RECITALS
WHEREAS, the City is making right-of-way improvements to James Street along the
frontage of the City's new Event Center; and
WHEREAS, these a portion of the right-of-way improvements will include the
installation of a new PSE natural gas system; and
WHEREAS, the installation requires trenching within the right-of-way, and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug into
which all of the parties may place their facilities.
NOW THEREFORE, in consideration of the terms, conditions, covenants and
performances contained herein, or attached and incorporated and made part hereof, IT IS
MUTUALLY AGREED BY THE CITY OF KENT AND PUGET SOUND ENERGY AS FOLLOWS:
AGREEMENT
1. SCOPE OF WORK.
The City will provide a trench to include PSE natural gas facilities. This trench will be
constructed along the north side of West James Street from 4th Avenue North west
approximately 465 feet to the gas service connection point for the new Kent Event Center.
Refer to PSE work order number 107031803.
2. TERM AND TERMINATION.
This Agreement shall commence on February 1, 2008 ("Effective Date"), and shall
continue for a period of twenty-four (12) months, unless earlier terminated pursuant to this
Agreement.
In the event either party defaults in the performance of its obligations herein, notice
shall be given by the other party of its intent to terminate the Agreement for cause, to be
effective thirty (30) days thereafter, unless that cause is cured within thirty (30) days after
such notice is provided.
3. RESPONSIBILITIES OF THE PARTIES.
A. PSE
1. PSE shall provide to the City engineering drawings, for the placement of
its natural gas facilities. The drawings shall show in detail the quantity and size and number
of the pipes, conduits, trench, and valves.
Joint Trench Agreement
Between City of Kent and PSE
James St West of 4th Ave (January 4, 2008)
89
2. PSE will deliver and install all of the materials and equipment necessary
for the placement and connection of its gas system to the job site, and provide inspection
services needed for overseeing the proper installation of the materials. PSE will provide or
arrange for any required material or equipment storage and/or security until the materials
-- and equipment are installed.
3. PSE shall maintain continued coordination with the City regarding the
installation of PSE's natural gas facilities. This coordination shall include but not be limited
to the following:
' a. PSE will attend the pre-construction meeting.
b. The City will provide PSE a copy of the Contractor's proposed work
schedule showing the date(s), location, and the extent of work to
be performed. As used in this agreement the term "Contractor" is
City's Contractor hired by the City to perform the right-of-way
improvements. This schedule will be subject to change at any
time.
c. PSE will attend construction meeting as requested.
d. PSE will be given ten (10) days notice that the Contractor is
beginning construction.
e. PSE will be responsible for coordinating with other utility
companies regarding the work related to the Joint trench project
and the placement of its natural gas facilities
- B. CITY
1. The City will provide all necessary excavation, bedding, backfill, off-site
disposal, and site restoration for the Joint trench project, along with coordinating with the
other utilities participating in the Joint trench project.
2. The City will provide all flagging and traffic control as required by the City
of Kent codes for the trench excavation and backfilling activity.
3. The City will provide PSE with reasonable access to the utility trench that
will enable PSE to install its materials and equipment.
4. The City will attend weekly construction meetings with the Contractor,
PSE, and other franchise utilities involved in the joint trenching.
4. COST ALLOCATION.
A. Trench Costs
The City agrees to provide all trenching as described in paragraph B. 1. above at no
cost to PSE
B. Additional Expenses
PSE agrees to pay its share of any additional expenses incurred in providing the
trench due to any over-excavation required by PSE or any other unforeseen conditions,
including any additional trench width or depth work attributable to errors in PSE's design or
' conflicts not accounted for in PSE's design. Any changes to PSE's portion of work perceived
as necessary by the Contractor must be approved by PSE in advance.
1 Joint Trench Agreement
Between City of Kent and PSE
James St West of 4th Ave (January 4, 2008)
90
r
C. Claims by Contractor
PSE agrees to pay the entire cost of any claims made by the Contractor that are '
caused by PSE. These claims may include delays caused by PSE failure to in install their
facilities in a timely manner, delays caused by PSE in receiving their materials, or other
conflicts between the Contractor and PSE of which PSE has reasonable control. These
Claims by the Contractor against PSE must be verifiable through documentation and are
subject to resolution through the Governing Law provision of this Agreement (Paragraph
10.C.).
D. Withdrawal from Agreement
Should PSE elect not to participate in the joint utility trench, it will be the
responsibility of PSE to relocate its facilities for the project within thirty (30) days of the
Contractor's completion of the joint utility trench. PSE's new facilities must be located in the
public right of way and construction of these facilities shall in no way delay the Contractor.
PSE shall be held liable for any delay to the City's project due to PSE's utility work. Time is
of the essence for this project and the City cannot accept delays in the schedule due to
PSE's electing not to participate in the joint trench project.
S. CHANGES.
After the City executes a contract with the Contractor, PSE shall submit any changes
requested to be performed by the Contractor to the City.
6. INDEMNIFICATION; LIENS; ENCUMBRANCES AND LIABILITY.
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, to the extent they arise from or in connection
with: (a) fault, willful misconduct, or negligence of the indemnifying party, its officers,
employees, agents, subcontractors and/or representatives; (b) any product liability claims
relating to any material supplied by the indemnifying party under this Agreement; (c) failure
of the indemnifying party, its officers, employees, agents, subcontractors and/or
representatives to comply with any term of this Agreement or any applicable local, state, or
federal law or regulation, including but not limited to the OSHA Act and environmental
protection laws; (d) claims under workers' compensation or similar employee benefit acts by
the indemnifying party or its employees, agents, subcontractors, or subcontractors'
employees or agents.
The indemnification from PSE to the City shall include all claims, injuries, damages,
losses or suits from third parties arising out of the fact that the specific portion of the trench
at issue was being made available to PSE for more than one (1) day after the conclusion of
the 24-hour notice in Section 3, 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 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.
Joint Trench Agreement
Between City of Kent and PSE
James St West of 4th Ave (January 4, 2008)
91
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.
Except as expressly provided herein, NEITHER PARTY SHALL BE LIABLE TO THE
OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS OR LOSS
OF PROFIT; provided, however, there shall be no limitation on a party's liability to the other
for any fines or penalties imposed on the other party by any court of competent jurisdiction
or federal, state or local administrative agency resulting from the failure of the party to
comply with any term or condition of this Agreement or any valid and applicable law, rule or
regulation or any damages for delay of the City's road construction project caused by PSE's
unexcused failure to comply with the agreed upon schedule for the location or relocation of
its facilities
Solely for purposes of this Agreement, each party expressly waives its immunity
under Title 51 of the Revised Code of Washington.
7. INSURANCE.
The contract between the City and the Contractor shall require that the Contractor
procure and maintain for the duration of the project insurance of the types and in the
amounts described below against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work by the Contractor, its
agents, representative, employees, subconsultants or subcontractors.
A. Automobile Liability
1 Insurance with limits no less than $1,000,000 combined single limit per accident for
bodily injury and property damage; and
' B. Commercial General Liability
Insurance written on an occurrence basis with limits no less than $1,000,000 single
limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion, collapse and
underground (XCU); and employer's liability or Stop Gap coverage under workers'
compensation insurance.
C. Excess Liability
Insurance with limits not less than $1,000,000 per occurrence and aggregate.
Any payment of deductible or self-insured retention shall be the sole responsibility of
the Contractor. The City, its officials, employees, agents and volunteers shall be designated
as additional insureds on the insurance policy, as respects work performed by or on behalf
of the Contractor under this Agreement and a copy of the endorsement, or its equivalent,
designating the City as additional insured shall be attached to the Certificate of Insurance,
copies of which shall be provided to the City prior to commencement of construction by the
1 Contractor. The Contractor's insurance shall contain a clause stating that coverage shall
_ Joint Trench Agreement
Between City of Kent and PSE
James St West of 4ch Ave (January 4, 2008)
92
apply separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
8. FRANCHISE AGREEMENT. r
The City and PSE agree that as to future projects, by entering into this Agreement,
neither party has waived any rights it may have under the existing WUTC tariff or
agreement between the City and PSE, and the City and PSE expressly herein reserve such
rights.
9. HAZARDOUS MATERIALS.
9.1 "Hazardous Materials" means any hazardous, radioactive, or toxic substance,
material, or waste defined or regulated as such in or under any environmental, health or
safety law including without limitation asbestos, and those hazardous materials, substances,
and wastes defined by the United States Department of Transportation ("DOT"),
Occupational Safety and Health Administration ("OSHA"), Environmental Protection Agency
("EPA"), or the Nuclear Regulatory Commission ("NRC").
9.2 In connection with its activities under this Agreement and all work under this
Agreement, the City shall comply with all applicable provisions of the Hazardous Materials
Transportation Act (49, U.S.0 §1801, et seq.), the Resource Conservation and Recovery Act
(42 U.S.C. § 6901, et seq.), the Toxic Substances Control Act of 1976 (15 U.S.C. § 2601, et
seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. § 9601, et seq.), the OSHA Act, and any other applicable federal, state, and local
laws and regulations governing Hazardous Materials or safety.
9.3 Wherever applicable, the City and PSE shall utilize reasonable efforts to
provide products and services that eliminate or reduce the generation of hazardous
waste/materials.
9.4 The City will promptly notify the PSE representative of the discovery of any
Hazardous Material previously undisclosed to the City affecting the work hereunder. To the
extent applicable and required, the parties shall furnish each other with Material Safety Data
Sheets that comply with the requirements of the OSHA Hazard Communication Standard
(29 CFR 1910.1200), as amended, for any materials furnished under this Agreement.
PSE will promptly notify the City of the discovery of any Hazardous Material
previously undisclosed to PSE affecting the work hereunder. To the extent applicable and
required, the parties shall furnish each other with Material Safety Data Sheets that comply
with the requirements of the OSHA Hazard Communication Standard (29 CFR 1910.1200),
as amended, for any materials furnished under this Agreement.
9.5 The City shall defend, indemnify and hold harmless PSE for any loss, damage,
liability, claim, demand or any penalty, including costs, expenses and reasonable attorney's
fees, assessed against PSE that may be sustained by reason of the City's failure to comply
with any rules, regulations, or laws governing hazardous materials and/or substances,
including, but not limited to, those enumerated herein. The City shall own and properly
dispose of any Hazardous Materials that it introduces to PSE property. Under no
circumstances shall any Hazardous Materials be disposed of on PSE premises or property,
including but not limited to PSE dumpsters.
Joint Trench Agreement
Between City of Kent and PSE
James St West of 4th Ave (January 4, 2008)
' 93
PSE shall defend, indemnify and hold harmless the City for any loss, damage,
liability, claim, demand or any penalty, including costs, expenses and reasonable attorney's
and expert witness fees, assessed against the City that may be sustained by reason of PSE's
failure to comply with any rules, regulations, or laws governing hazardous materials and/or
substances, including, but not limited to, those enumerated herein. PSE shall own and
properly dispose of any Hazardous Materials that it introduces to City property. Under no
circumstances shall any Hazardous Materials be disposed of by PSE on City premises or
property, including but not limited to City dumpsters.
10. MISCELLANEOUS.
A. Compliance with Laws
The parties shall comply with all applicable federal, state, and local laws, rules and
regulations throughout every aspect in the performance of this Agreement.
B. Non-waiver of Breach
The failure of a party to insist upon strict performance of any of the terms and rights
contained herein, or to exercise any option herein conferred in one or more instances, shall
not be constructed to be a waiver or relinquishment of those terms and rights and they shall
remain in full force and effect.
C. 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 available only through the jurisdiction, venue, and rules of the King County Superior
Court, King County, Washington.
D. Attorney's Fees
' In the event any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and agree that the prevailing
party in any such action shall be entitled to its attorneys' fees and costs of suit.
E. Written Notice
All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of this Agreement, unless otherwise notified. Any
written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated on this Agreement.
F. 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
' affected party.
Joint Trench Agreement
Between City of Kent and PSE
James St West of 4ch Ave (January 4, 2008)
94
G. Severability
If any one or more sections, subsections, 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.
H. Relationship
It is understood and agreed that no agency, employment, joint venture, co-employer
or partnership is created by this Agreement. No party hereto shall: (i) have the power or
authority to act for another in any manner to create obligations or debts which would be
binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of
another.
I. Force Maieure
Parties shall not be deemed to be in breach of this Agreement if unable to perform
their respective obligations hereunder as a result of the occurrence of an event of "force
majeure," which shall include, but not be limited to, acts of God, acts of the government of
the United States or of any state or political subdivision thereof, strikes, civil riots or
disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or
other similar catastrophes or other causes beyond the parties' reasonable control. The
scope of events of force majeure shall not extend to payment of money owed hereunder.
J. Disclosure
Both parties agree that, to the extent allowable under RCW Chapter 42.56 (public
disclosure act), neither party shall, without the prior written consent of the other party: (a)
issue any press release or make any other public announcement regarding this Agreement
or any relation between the City and PSE; or (b) use the name, trademarks, or other
proprietary identifying symbol of the other party or its affiliates. Such consent by PSE may
be given only by the Senior Vice President of Corporate Affairs or his or her designee. Any
purported consent by any other person, including any PSE sales or customer service
representative, is void and of no effect.
K. Assignment
Neither party shall assign this Agreement or any of its rights or obligations hereunder
without the prior written consent of the other, which consent will not be unreasonably
withheld or delayed. Notwithstanding the foregoing, either may assign all or part of this
Agreement immediately, without the prior written consent of the other party: (a) to any
entity that controls, is controlled by, or is in common control with a party; or (b) to any
successor in interest to a party; or (c) if necessary to satisfy the rules, regulations and/or
orders of any federal, state or local governmental agency or body.
L. 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/or PSE,
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
Joint Trench Agreement
Between City of Kent and PSE
James St West of 4th Ave (January 4, 2008)
1 95
between the parties. Should any language in any Exhibit to this Agreement conflict with
any language contained in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
PUGET SOUND ENERGY CITY OF KENT
Print Name: Douglas L. Corbin Print Name:
Title: Municipal Liaison Manager Title:
DATE: DATE:
Notices to be sent to: Notices to be sent to:
PUGET SOUND ENERGY CITY OF Kent
Attn: Douglas L. Corbin Attn: Ken Lanholz
6905 South 228th Street Public Works Department
Kent, WA 98032 220 Fourth Ave South
253-395-6867 (telephone) Kent, WA 98032-5895
253-395-6882 (facsimile)
With a copy to: APPROVED AS TO FORM:
PUGET SOUND ENERGY
Attn: Legal Dept.
Kent City Attorney
P\Civil\Files\Open Files\1071\PSE-)ointTrenchAgree doc
Joint Trench Agreement
Between City of Kent and PSE
James St West of 41h Ave (January 4, 2008)
Kent City Council Meeting
Date January 15, 2008
Category Consent Calendar
1. SUBJECT: RIGHT-OF-WAY DEDICATION FOR WEST JAMES IMPROVEMENTS -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the deed dedicating
right-of-way for the W. James Street Improvements, upon approval of the
language by the City Attorney and Public Works Director.
The City owns the Events Center property. Right-of-way dedication is necessary
in order to install franchise utilities across the Events Center frontage along James
Street.
3. EXHIBITS: Public Works memorandum dated 12/13/07 and backup material
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
S. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
97
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
• Phone: 253-856-5500
ENT Fax: 253-856-6500
WASH INGTON Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: December 13, 2007
rTo: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 7, 2008
From: Mark Howlett, Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Right-of-Way for the West James Street Improvements
r
Motion:
Recommend authorizing the Mayor to sign the deed dedicating right-of-way for
the W. James St. Improvements.
Background/History:
West James Street will be widened to provide a left-turn lane at the Kent Events Center east
' driveway, and add a bike lane and pedestrian improvements between the Interurban Trail
and 4th Avenue North. The street widening is part of the Kent Events Center project, and is
scheduled to be constructed in the spring/summer 2008.
The City owns the Events Center property. Right-of-way dedication is necessary in order to
install franchise utilities across the Events Center frontage along James Street.
r
UP IPWC-itty UutoaPagv/2008107 07 08 Ja- St ROW do
98
1 l KENT EVENTS
CENTER
>
<
24' NEW RIGHT OF WAY
L0
0 15'
W. JAMES STREET
', i i
1
1
HOW: 100 City of Kent SHEET
Dp"N Public Works Department KENT EVENT CENTER OF
APPROVED- DATE
KENT Engineering Division RLE NO
99
AFTER RECORDING MAIL TO:
City of Kent
220 4th Avenue South
Kent, WA 98032
Attn: Property Management
' Reference Number of Related Document: N/A
Grantor(s): City of Kent
Grantee(s): City of Kent
Abbreviated Legal Description: Ptn. SETA SWIA 13-22-4
Additional Legal Description is on Page(s) 3 of Document
Assessor's Tax Parcel No.: 132204-9015
Project: James Street Improvements
' MUNICIPAL
QUIT CLAIM DEED
(Corporate)
1
THE GRANTOR, the CITY OF KENT, a municipal corporation, for
and in consideration of a dedication to the public for right of way
and utility purposes conveys and quit claims to The City of Kent, a'
municilal corporation , the following described real property, situated
in the County of KING, State of Washington, including any after acquired
■ title:
Refer to Exhibit ""A" Attached and made a part hereto.
WITNESS WHEREOF, said municipality has caused this instrument to be
executed by it proper officers and its official seal to be hereunto affixed,
this day of , 20
AUTHORIZED BY KENT CITY COUNCIL ON / !
Suzette Cooke, Mayor
James Street Improvements Page 1 of 3
I
100
STATE OF WASHINGTON
)SS
COUNTY OF KING }
On this day of , 20 , before me, ,
the undersigned a Notary Public in and for the State of Washington, duly
commissioned and sworn personally appeared to me
known to be the Mayor of The CITY OF DENT, a
Washington municipal corporation, the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said corporation, and for the uses and
purposes therein mentioned, and on oath stated that she was authorized
to execute the said instrument and that the seal affixed is the corporate
seal for said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal �
hereto affixed the day and year first above written.
Print Name:
Notary Public in and for the State Washington,
residing at
My Commission Expires
it
James Street improvements Page 2 of 3
i
t
101
I'
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r;
Exhibit A
Additional Right of Way
TL 1322049015
j
That portion of the southeast quarter of the southwest quarter of Section 13,
Township 22 North, Range 4 East, W.M., in King County Washington lying west
of the west line of the east 12.00 feet of said subdivision; lying north of the north
line of the south 33.00 feet of said subdivision; lying east of the Union Pacific
Railroad right of way; and lying southerly of the following described line:
BEGINNING at the intersection of the north line of the south 48.00 feet of said
subdivision with the west line of the east 12.00 feet of said subdivision; thence
N88'25'06"W, along said north line, 646.14 feet, more or less, to a point 24.00
feet easterly of, when measured at right angles to, the east right of way line of
the Union Pacific Railroad; thence N01°00'30"E, parallel with said east line,
40.00 feet to the north line of the south 88.00 feet of said subdivision; thence
N88°25'06"W, along said north line, 24.00 feet to the east right of way line of said
railroad right of way and the terminus of the herein described line.
t
Page 3 of 3
r
rNelvenue i I ,
REAL ESTATE EXCISE TAR AFFIDAVIT This fomt is your receipt 11
�i
PLEASE TYPE OR PRINT CHAPTER 82 45 RCW—CHAPTER 458-61A WAC when stamped by cashier
THIS AFFIDAVIT 1YILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
Check box if
(See back of last page for instructions)
aural sale of property If multiple owners list perc enta a of ownership next to name
Name City of Kent Property Management Department Name City of Kent Property Management Department
� m
Manhng Address 220 4th Avenue South H Mailing Address 220 4th Avenue South I'
City/StateMp Kent,WA.98032 cla CttylState Zip Kent,WA 98032
Phone No(including area tale) Phone No(including area code)
Send all property tax correspondence to Q Same as Buyer/Grantee List all real and personal property tax parcel accountnumbers-check box ifpersonal property List assessed value(s)
Name Ptn.132204-9015 NIA
Mailing Address Levy Code 1525
City/StatelZip
Phone No(including area code)
Street address of property 501 James Street,Kent,WA 98032
This property is located in
O Check box ifany of the listed parcels are being segregated from a larger parcel
Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit)
i
See attached legal description.
Select Land Use Code(s) List all personal property(tangible and intangible)included in selling
.,,x..-, <, -- ,t -, price 1
enter any additional codes None
(See back of last page for instructions)
YES NO
Is this property exempt from prop",tax per chapter � ❑ i
84 36 RCW(nonprofit orgariumfion)7 I
YES NO If claiming an exemption,list WAC number and reason for exemption
Is this property designated as forest land per chapter 84 33 RCVV? ❑ ❑/
Is this property classi tied as current use(open space,firm and ❑ Q WAC No (Section/Subsection) 458-61A-205(2)
agncul(un al,or timber)land per chapter 84 34?
Reason for exemption
Is this property receiving special valuation as historical property Cl 0
Government Transfer to create street tight of way.
per chapter 84 26 RCW?
If any answers are yes,complete as nusmicted below
I
(1)NOTICE OFCONTINUANCE'(FORESTLANDORCURRENTUSE) Type of Document QultClatm Deed
i
NEW OWNER(S)To continue the current designation as forest land or `•
classification as current use(open space,farm and agriculture,or umber) Date of Document
land,you must sign on(3)below The county assessor must then determme
ifthe land transferred continues to qualify and will indicate by signing below Gross Selling Price S
If the land no longer qualifies oryou do not wish to continue the designation *Personal Property(deduct) $
orclassification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) S
will be due and payable by the seller or transferor at the tune of sale(RCW
84 33 140 or RCW 84 34 108).Prior to signing(3)below,you may contact Taxable Selling Price $_ 0-00
your local county assessor for more information Excise Tax State $_ 0.00
This land ❑does Q does not qualify for continuance Local $ 000
-Delinquent interest State $
DEPUTY ASSESSOR DATE Local $
(2)NOTICE OF COMPLIANCE(HISTORICPROPERT]) *Delinquent Penalty S
NEW OWNER(S) To continue special valuation as historic property, j
sign(3)below If the new owner(s)does not wish to continue,all Subtotal S 000
additional tax calculated pursuant to chapter 84 26 RCW,shall be due *State Technology Pee $ 500 I
and payable by the seller or transferor at the time of sale
(3) OWNER(S)SIGNATURE
*Affidavit Processing Fee S
Total Due S 1000
1
PRINT NAME
A MINIMUM OF$10 00 IS DUE IN FEE(S)AND/OR TAX
I
*SEE INSTRUCTIONS
Z CERTIFY UNDER PENALTY OF PER.IURY THAT THE FOREGOING IS TRUE AND CORRECT. I
Signature of Signature of
Grantor or Grantor's Agent Grantee or Grantee's Agent
Name(pnnt) Name(print)
Date&city of signing Date&city of stgmng
Perjury Perjury is a class C felonry which is punishable by imprisonment in the state correctional institution for a maximum tern of not more than five years,or by
a fine in an amount fixed by the card of not more than five thousand dollars($5,000 00),or by both imprisonment and fine(RCW 9A 20 020(IC))
FEV 84 0001ae(a)(05108,107) THIS SPACE-TREASURER'S USE ONLY COUNTY TREASURE
� i
Kent City Council Meeting
Date January 15, 2008
Category Consent Calendar
1. SUBJECT: SEWER MASTER PLAN CONSULTANT AGREEMENT - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign a contract with URS
Corporation for engineering consultant services for the City's Sanitary Sewer
Master Plan in the amount of $13,117.28, upon approval of the language by the
City Attorney and Public Works Director.
The consultant contract agreement with URS Corporation is for flow analysis,
future flow requirements, conveyance system capacity requirements, wastewater
discharge reduction, disposal options, reclaimed water usage and cost estimating.
3. EXHIBITS: Public Works memorandum dated 12/24/07 and Consultant
Services Agreement with URS Corporation
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? No
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
iUnbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
103
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH I NGTON Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: December 24, 2007
To: Chair and Public Works Committee Members
PW Committee Meeting Date: January 7, 2008
From: Mark Howlett, Design Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Sewer Master Plan Consultant Services Contract
Motion:
Recommend authorizing the Mayor to sign a Contract with URS for engineering
consultant services for the City's Sanitary Sewer Master Plan in the amount of
$139,117.28, upon concurrence of the language therein by the City Attorney and Public
Works Director.
Background/History:
The Sanitary Sewer Master Plan is a comprehensive review of the City's sanitary sewer system.
Considerable changes have occurred in the Kent area since the previous plan was completed in
2002. This plan will document the current status and analyze the future needs of the sanitary
sewer system. This plan will be used as a guide to maintaining and improving the sanitary sewer
system in order to provide the Kent service area with an effective, safe and reliable sewer
system. While a majority of the plan preparation is being performed by City staff, there are
areas of the study that require expertise that City staff cannot provide.
Summary:
The consultant contract agreement with URS is for flow analysis, future flow requirements,
conveyance system capacity requirements, wastewater discharge reduction, disposal options,
reclaimed water usage and cost estimating.
i
1
ti
U\PWComnuttcc\200N/ActionPagc\PWC01 0708 Sewer Master Plan Consult Svcs Contract doc
104
•
KENT
W A 5 H I N G T G N
CONSULTANT SERVICES AGREEMENT
1; between the City of Kent and
URS Corporation
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and URS Corporation organized wider the laws of the State of Washington, located and
doing business at 1501 4th Avenue, Suite 1400, Seattle, WA 98101-1616, Phone: (206) 438-2700/Fax: (206)
438-2699, Contact: Kris Turschnzid(Hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The Consultant shall develop and evaluate alternatives for wastewater transfer or treatment for
the City to reduce the flows into the King County Wastewater Collection System. For a
description, see the Scope of Work which is attached as Exhibit A and incorporated by this
reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
it. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by [Insert either a date specific or enter#
of days, weeks, months, years, etc.].
111. COMPENSATION.
� A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One
Hundred Thirty Six Thousand, Five Hundred Sixty One Dollars and forty four cents
($136,561.44) for the services described in this Agreement. This is the maxima n amount to be
paid under this Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and executed
amendment to this agreement The Consultant agrees that the hourly or flat rate charged by it for
its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one
(1) year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT- I
(Over S 1 o 000)
B. The Consultant shall submit monthly payment invoices to the City for work perto05 ed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any ]
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and 1
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may tenninate this Agreement, with or without cause upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, Cite the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers 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 Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction deter-une that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting front the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE I
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
CONSULTANT SERVICES AGREEMENT-2
t0ver S10.000)
VIIl. INSURANCE. The Consultant shall procure and maintain for the duration of the0Au eement,
tn
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
Linder this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
' XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
X1I1. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
� B_ Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in fill force and effect-
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attor7ney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
CONSULTANT SERVICES AGREEMENT-3
(Over-xrn_0nn)
107 '
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of nailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the tern-is
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
T. Modification. No waiver, alteration, or modification of an of the provisions of this Agreement
Y p g
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(sr�>riaha e) (Signalw e)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(Title) (Title)
DATE: DATE:
CONSULTANT SERVICES AGREEMENT-4
(Over S10.000)
108
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Kris Turschmid Larry R. Blanchard
URS Coilm-ation City of Kent
1501 4th Avenue, Suite 1400 220 Fourth Avenue South
Seattle, WA 98101-1616 Kent, WA 98032
(206) 438-2700 (telephone) (253) 856-5500 (telephone)
(206)438-2699 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
URS-Wastewater StudyNesper
CONSULTANT SERVICES AGREEMENT-5
(Over S 10.000)
109
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prince contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 1200 ._
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- t
CITY OF DENT 110
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jiro White, Mayor
' POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year,must take the following affirmative steps:
I. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
111 ,
CITY OF KFA NT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
1, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement '
known as that was entered into on the (date) ,
between the fine I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 200
By: '
For:
Title: ,
Date: ,
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A 112
CITY OF KENT
WASTEWATER TRANSFER/TREATMENT STUDY
SCOPE OF WORK
URS recommends the following scope of work to develop and evaluate
' alternatives for wastewater transfer or treatment for the City of Kent
(City) to reduce the flows into the King County Wastewater Collection
System. These alternatives will include the following generalized
alternatives and will likely include variations on these alternatives as well:
• Diversion and pumping of wastewater to Lakehaven or Midway
Sewer Districts; and
' • Diversion of wastewater at a new City wastewater treatment facility
for possible reuse or discharge,
' The specific tasks include the following:
TASK 100 PROJECT MANAGEMENT
SUBTASK 110 COORDINATION AND REPORTING
This task will include coordination of the project team activities and
monthly reporting of work progress to the City. The objective of this task
is to provide for orderly execution of work according to the agreed on
scope of work in a timely manner per the project schedule and to provide
for communications and progress reporting. The deliverables under this
task will include Project Management Plan and monthly progress reports.
TASK 200 INVESTIGATIONS
' SUBTASK 210 DEFINITION OF STUDY AREAS
This task will include definition of areas targeted for implementation of
the wastewater transfer or treatment projects that will be focused on
reduction of the overall quantity of wastewater discharged to King County
' system for treatment. These areas are expected to include the West Hill
area for wastewater transfer and the full service area will be considered
113 ,
for treatment by the City, with the objective of capturing greatest r
possible quantity of wastewater without making use of the King County
interceptors and also minimizing on new conveyance systems. The ,
deliverable for this task will be a technical memorandum documenting
the project areas recommended for further investigation. '
SUBTASK 220 DEFINITION OF WASTEWATER FLOWS
URS will obtain the wastewater flow records from City of Kent for the West
Hill area and estimates prepared by the City for other service areas based
on zoning information. URS will review these data, and refine these ,
estimates as needed to estimate current and future average and peak
wastewater flows for all areas of the City including West Hill, the Central
Valley and East Hill areas. The objective of this task is to develop
capacity requirements for conveyance and treatment alternatives to be '
considered for this study. The deliverable for this task will be a technical
memorandum documenting wastewater flows in each of the study areas
for use in developing alternatives. '
SUBTASK 230 WASTEWATER TRANSFER AND DISPOSAL OPTIONS DISCUSSIONS
This task will include discussions with adjacent sewer districts, regulators
and other stakeholders to identify options for transfer and disposal of
wastewater from the City. URS will meet with Lakehaven Sewer District
and Midway Sewer District to discuss the possibility of transferring
wastewater to their systems for treatment and disposal. URS will also '
meet with the Department of Ecology and local Tribes to determine the
viability and identify potential effluent requirements for discharge to the ,
Green River or Puget Sound. The deliverable for this task will be technical
memorandum documenting the findings from these meetings (i.e., '
potential transfer and disposal options).
SUBTASK 240 ESTABLISHMENT OF POTENTIAL RECLAIMED WATER NEEDS '
The objective of this task is to identify potential reclaimed water users
and quantify reclaimed water needs. This may include potential users
like Riverbend Golf Complex, Green River Enhancement Area, City Parks
and potential industrial users. The deliverable of this task will be ,
memorandum documenting potential reclaimed water needs.
' 114
SUBTASK 250 DEVELOPMENT OF ALTERNATIVES
URS will develop several potentially viable alternatives for treatment or
transfer of wastewater based on the findings of the previous
investigations. The following is a list of sample alternatives which may
be identified;
• Diversion and pumping of West Hill wastewater to Lakehaven
District for treatment;
• Diversion and pumping of West Hill wastewater to Midway Sewer
District for treatment;
' • Diversion of West Hill wastewater to a new City wastewater
treatment facility for reuse; and
Diversion of East Hill wastewater to a new City wastewater
treatment facility (or multiple smaller distributed facilities) for
reuse; and
• Diversion of East Hill wastewater to a new City wastewater
treatment facility for discharge to the Green River.
Treatment alternatives will include evaluation of reclaimed water
technology (membrane or tertiary treatment) for reuse or possible
discharge to Green River. Alternatives will be developed and summarized
in a matrix with basic descriptions and qualitative cost and benefit
comparisons. This summary will be presented to the City for review, and
URS and the City will then identify which alternatives warrant further
' investigation. The deliverables for this task include a preliminary
alternatives matrix and a technical memo documenting the alternatives
recommended for further evaluation.
115 '
TASK 300 PRELIMINARY ENGINEERING STUDY REPORT
SUBTASK 310 REFINEMENT OF ALTERNATIVES
URS will refine and further develop the selected alternatives for
wastewater management, based on the findings from Subtask 250.
These refinements will include including locating and sizing facilities, and ,
defining additional elements such as outfalls, and reuse or transfer
pipelines in greater detail. The objective of this task is to develop the
selected alternatives to a conceptual design ievei for further evaluation by
the City staff and consideration by other stake holders, as appropriate.
The deliverable for this task will be a technical memorandum presenting
these alternatives. This memorandum will be developed in close
cooperation with City staff and will be the basis for communications with '
Lakehaven, Midway and other stakeholders
SUBTASK 320 COST ESTIMATING '
The objective of this task is development of reliable cost estimates for
alternatives based on the same level of accuracy and coordinated for
applicable project schedules to provide for the same time basis of
estimates. The deliverable for this task will be a technical memorandum
on cost estimates presenting comparison of the selected alternatives, and
preliminary alternatives selection recommendations. Review of this
memorandum by City of Kent engineering staff is anticipated at the
conclusion of this task along with the documentation of the review.
SUBTASK 330 ENGINEERING REPORT
The objective of this task is to develop a brief engineering report for
inclusion in the City of Kent comprehensive sewer planning effort as an
appendix, as well as a summary of this study and associated findings ,
which will be included in the body of the comprehensive plan. The report
will provide supporting information for the City's comprehensive sewer ,
planning effort and will contain cost information necessary for financial
planning. URS will provide a draft report to the City for their comments
prior to finalizing. After incorporation of comments, URS will submit the
final engineering along with the summary section for the comprehensive
sewer plan.
116
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117 t
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS '
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance ,
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
forni CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors,products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall
be named as an insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance '
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
118
EXHIBIT B (Continued)
1 C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The Consultant's insurance coveragc shall be primary insurance as respect the
City. Any Insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
1 2. The Consultant's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty(30) days prior written notice
by certified mail,return receipt requested,has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the Consultant and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance. The City reserves
the right to receive a certified copy of all required insurance policies. The
Consultant's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
' the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish
' separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Consultant.
Kent City Council Meeting
Date January 15, 2008
Category Consent Calendar
1. SUBJECT: UPPER MERIDIAN CREEK CULVERT - ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: As recommend by the Public Works Director,
accept the Upper Meridian Creek Culvert project as complete and release
retainage to Pivetta Brothers, upon standard releases from the state and release
of any liens. The original contract amount was $332,811.47. The final contract
amount was $286,787.63.
3. EXHIBITS: None
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
Kent City Council Meeting
Date January 15, 2008
Category Consent Calendar
1. SUBIECT: DSHS DIVISION OF ALCOHOL AND SUBSTANCE ABUSE $500
STIPEND - ACCEPT
2. SUMMARY STATEMENT: Accept the DSHS Division of Alcohol and
Substance Abuse $500 stipend. The Kent Police Department will use the funds to
host a town hall meeting on reducing underage drinking.
3. EXHIBITS: Copy of email dated 12/10/07 from DSHS
4. RECOMMENDED BY: Public Safety Committee 1/8/08
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund N00406 Amount $500.00
1 Unbudgeted Revenue: Fund N00406 Amount $500.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
Message Page 1 of 1
Thompson, Jolene
I From: Judd, Stacy
Sent: Monday, December 17, 2007 10:43 AM
To: Thompson, Jolene
Subject: FW: GREAT NEWS!
Hi Jo,
I We are going to be doing another Town Hall meeting on reducing underage drinking in March.With it,we
receive a$500 dollar stipend.Debra said I should forward this on to you for public safety.
' Let me know what questions you have.
Stacy
-----Original Message-----
From: Swift, Earlyse (DSHS/DASA) [mailto:swiftee@dshs.wa.gov]
Sent: Monday, December 10, 2007 1:28 PM
To: Earlyse Swift
Subject: GREAT NEWS!
Town Hall Meeting Coordinators,
We are so delighted that you have decided to host one or more town hall meetings in 2008. As you recall,
SAMHSA said they would provide a $500 stipend to 52 communities, but DASA set 100 town hall meetings
as a goal across the state. When we reached 89 registrations, Michael Langer contacted SAMHSA and they
have agreed to provide stipends to all communities on the attached list! In fact, they will cover 100
town hall meetings so if you know of a community that still wants to participate, have them email a
registration form to me.
I'm attaching the list we have sent to SAMHSA. Please check to see if your community is there and that the
information is accurate. (We'll be able to make corrections) SAMHSA will be sending each of you a form to
determine who your fiscal agent will be and, therefore,where the check will be sent. I suspect you won't
hear from them until mid-January. Also, they will be sending each of your coalitions materials about how to
1 plan a town hall meeting, etc. When I get a timeline from SAMHSA, I'll let you know immediately
I've received many emails from you in the last few days but we're flying so fast I have not had time to answer
yet. Hopefully this email addresses your most pressing questions. I'll send you more information as it
develops.
CONGRATULATIONS on being part of a statewide and national effort to engage community members in
reducing underage drinking. You're the ones who make it happen!
Earlyse
Earlyse Swift, RUaD Coalition Manager
DSHS Division of Alcohol and Substance Abuse
P.O Box 45330,Olympia,WA 98504-5330
360-725-3807
swiftee@dshs.wa gov
Check out this new website for parents!
www.Star-tTalkin2Now.org
1
1
i12/17/2007
Kent City Council Meeting
Date January 15, 2008
Category Consent Calendar
1. SUBJECT: KING COUNTY PUBLIC ENTITY SERVICES CONTRACT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the King County
Public Entity Services contract for 2008. The purpose of this contract is to provide
a means for reimbursement of up to a seven-day supply of prescribed medications
to defendants at the City of Kent Corrections Facility and to make appropriate
referral for mental health evaluation and other mental health services. The City
of Kent Corrections Facility will be reimbursed on a cost basis.
The maximum reimbursement is determined by the total number of prescriptions
authorized and delivered up to a total maximum funding of $12,000 for the period
of January 1, 2008 through December 31, 2008.
The agreement has been reviewed by the Law Department.
3. EXHIBITS: King County Public Entity Services Contract
4. RECOMMENDED BY: Public Safety Committee 1/8/08
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue? X
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 61
I King County Contract No. D37626D
Federal Taxpayer ID No. 91-6001254
Department/Division Community and Human Services/Mental Health, Chemical Abuse and
Dependency Services Division
Agency Kent Police Department
Project Title Mental Health Treatment Services
Contract Amount$ 12,000 Fund Code 1120
Contract Period From: January 1, 2008 To December 31, 2008
KING COUNTY PUBLIC ENTITY SERVICES CONTRACT—2008
THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Police Department (the
"Agency"), whose address is 220 Fourth Avenue S, Kent, WA 98032.
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates:
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
STATE $12,000 01/01/2008— 12/31/2008
TOTAL $12,000 01/01/2008— 12/31/2008
and
WHEREAS, the County desires to have certain services performed by the Agency as described in this
Contract, and as authorized by Ordinance No. 15975;
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows:
1
This form is available in alternate formats upon
request for persons with disabilities.
Kent Police Department Page 1 of 18 2008 Contract
1. EXHIBITS
The Agency shall provide services and comply with the requirements set forth hereinafter
and in the following attached exhibits, which are incorporated herein by reference:
Certificates of insurance/Endorsements Attached hereto as Exhibit I
® Jail Transition Services Attached hereto as Exhibit II
II. DURATION OF CONTRACT
This Contract shall commence on the 1 st day of January 2008, and shall terminate on the
31 st day of December 2008, unless extended or terminated earlier, pursuant to the terms '
and conditions of this Contract.
Ill. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the terms and
conditions found in this Contract and its attached Exhibits.
B. The Agency shall submit an invoice and all accompanying reports as specified in the
attached Exhibit(s), including its final invoice and all outstanding reports. The County
shall initiate authorization for payment to the Agency not more than 30 days after a
complete and accurate invoice and all outstanding reports are received and approved.
C. If the Agency's final invoice and reports are not submitted by the day specified in the ,
attached Exhibit(s), the County will be relieved of all liability for payment to the Agency
of the amounts set forth in said invoice or any subsequent invoice.
IV. OPERATING BUDGET
The Agency shall apply the funds received from the County under this Contract in
accordance with the budget, if included within an Exhibit. The Agency shall request prior
approval from the County for an amendment to this Contract when the cumulative amount of
transfers among the budget categories within an Exhibit is expected to exceed ten percent of
the total Exhibit budget. Supporting documents necessary to explain fully the nature and
purpose of the amendment must accompany each request for an amendment.
V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, financial and
governmental reporting standards as prescribed by the appropriate accounting standards
board.
VI. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed
necessary by the County to ensure proper accounting for all Contract funds and
compliance with this Contract. /
Kent Police Department Page 2 of 18 2008 Contract
B. These records shall be maintained for a period of six years after termination hereof
unless permission to destroy them is granted by the Office of the Archivist in
accordance with Revised Code of Washington (RCW) Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the
Agency address listed on page one of this Contract, of the aforesaid books, records,
documents, and other evidence and shall notify the County in writing of any changes in
location within ten working days of any such relocation.
VI I. AUDITS
A. The Agency shall submit to the County a copy of its annual report of examination/audit,
conducted by the Washington State Auditor, within 30 days of receipt.
B. Additional federal and/or state audit or review requirements may be imposed on the
County, and the Agency shall be required to comply with any such requirements.
Vlll. EVALUATIONS AND INSPECTIONS
A. The Agency shall provide right of access to its facilities, including those of any
1 subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the services provided under this
Contract. The County shall give advance notice to the Agency in the case of fiscal
audits to be conducted by the County.
B. The records and documents with respect to all matters covered by this Contract shall
be subject at all time to inspection, review, or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six years
after termination hereof, unless a longer retention period is required by law.
C. The Agency agrees to cooperate with the County or its agent in the evaluation of the
Agency's performance under this Contract and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17.
IX. CORRECTIVE ACTION
If the County determines that a breach of contract has occurred, that is, the Agency has
failed to comply with any terms or conditions of this Contract or the Agency has failed to
provide in any manner the work or services agreed to herein, and if the County deems said
1 breach to warrant corrective action, the following sequential procedure shall apply:
A. The County shall notify the Agency in writing of the nature of the breach;
B. The Agency shall respond in writing no later than ten working days following receipt of
such notification, which response shall indicate the steps being taken to correct the
specified deficiencies. The corrective action plan shall specify the proposed
completion date for bringing the Contract into compliance, which date shall not be more
than 30 days from the date of the Agency's response, unless the County, at its sole
discretion, specifies in writing an extension in the number of days to complete the
corrective actions;
C. The County shall notify the Agency in writing of the County's determination as to the
sufficiency of the Agency's corrective action plan. The County shall have sole
discretion in determining the sufficiency of the Agency's corrective action plan;
Kent Police Department Page 3 of 18 2008 Contract
D. In the event that the Agency does not respond within the appropriate time with a
corrective action plan, or the Agency's corrective action plan is determined by the
County to be insufficient, the County may commence termination of this Contract in
whole or in part pursuant to Section XI.B;
E. In addition, the County may withhold any payment owed the Agency or prohibit the
Agency from incurring additional obligations of funds until the County is satisfied that
corrective action has been taken or completed; and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section XI. Subsections A, B, C, D, and E.
X. ASSIGNMENT/SUBCONTRACTING
A. The Agency shall not assign or subcontract any portion of this Contract or transfer or
assign any claim arising pursuant to this Contract without the written consent of the
County. Said consent shall be sought in writing by the Agency not less than 15 days
prior to the date of any proposed assignment or subcontract.
B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or
between subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of: (1) support services not related to the
subject matter of this Contract; or(2) supplies.
XI. TERMINATION
A. This Contract may be terminated by the County without cause, in whole or in part, prior ,
to the date specified in Section Il, by providing the Agency 30 days advance written
notice of the termination.
B. The County may terminate this Contract, in whole or in part, upon seven days advance
written notice in the event: (1) the Agency materially breaches any duty, obligation, or
service required pursuant to this Contract; and/or(2) the duties, obligations, or services
required herein become impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection XI.B.(1), the
Agency shall be liable for damages, including any additional costs of procurement of
similar services from another source.
If the termination results from acts or omissions of the Agency, including but not limited
to misappropriation, nonperformance of required services, or fiscal mismanagement,
the Agency shall immediately return to the County any funds, misappropriated or
unexpended, which have been paid to the Agency by the County.
C. If County or other expected or actual funding is withdrawn, reduced, or limited in any
way prior to the termination date set forth in this Contract and its attached Exhibits, the
County may, upon written notification to the Agency, terminate this Contract in whole or
in part.
If the Contract is terminated as provided in this Subsection: (1) the County shall be
liable only for payment in accordance with the terms of this Contract for services
rendered prior to the effective date of termination; and (2)the Agency shall be released
from any obligation to provide such further services pursuant to the Contract as are
affected by the termination.
Kent Police Department Page 4 of 18 2008 Contract
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to support the
activities described in the Contract. Should such appropriation not be approved, this
Contract shall terminate at the close of the current appropriation year.
D. The Agency may terminate this Contract upon seven days written notice, should the
County commit any material breach of this Contract.
E. This Contract may be terminated by the Agency without cause, prior to the date
specified by providing the County 90 days advance written notice of the termination.
The Agency shall provide the County 90 days advance written notice of its intent not to
renew this Contract, in whole or in part.
F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or law that either party may have in the event that the obligations,terms, and
conditions set forth in this Contract are breached by the other party.
XII. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted herein except as expressly
set forth in this Contract.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Agency is an independent contractor, and
neither it nor its officers, agents or employees are employees of the County for any
purpose. The Agency shall be responsible for all federal and/or state tax, industrial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil
service rights which may accrue to a County employee under state or local law
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Agency, its employees, and/or others by
reason of this Contract. The Agency shall protect, indemnify, and save harmless the
County, its officers, agents, and employees from and against any and all claims, costs,
and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay
any such compensation, wages, benefits, or taxes, and/or(2) the supplying to the
Agency of work, services, materials, or supplies by Agency employees or other
suppliers in connection with or support of the performance of this Contract.
B. The Agency further agrees that it is financially responsible for and shall repay the
County all indicated amounts following an audit exception that occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of
this Contract by the Agency, its officers, employees, agents and/or representatives.
This duty to repay the County shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Duration of Contract or the Termination
sections.
Kent Police Department Page 5 of 18 2008 Contract
C. The Agency shall protect, defend, indemnify, and hold harmless the County, its
officers, employees, and agents from any and all costs, claims,judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or
omissions of the Agency, its officers, employees, and/or agents, in its performance
and/or non-performance of its obligations under this Contract. The Agency agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the Agency, by mutual negotiation, hereby waives, as respects the County only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the County incurs any judgment,
award, and/or cost arising therefrom including attorneys'fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the Agency.
D. The County shall protect, defend, indemnify, and hold harmless the Agency, its
officers, employees, and agents from any and all costs, claims,judgments, and/or
awards of damages, arising out of, or in any way resulting from, the sole negligent acts
or omissions of the County, its officers, employees, or agents. The County agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause of
action brought by, or on behalf of, any of its employees or agents. For this purpose,
the County, by mutual negotiation, hereby waives, as respects the Agency only, any '
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment,
award, and/or cost arising therefrom including attorneys' fees to enforce the provisions
of this article, all such fees, expenses, and costs shall be recoverable from the County.
E. Claims shall include, but not be limited to, assertions that use or transfer of software,
book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
trade name, and/or otherwise results in unfair trade practice.
F. To the extent that an Agency subcontractor fails to satisfy its obligation to defend and
indemnify the County as detailed in Section XVII.B. of this Contract, the Agency shall
protect, defend, indemnify, and hold harmless the County, its officers, employees and
agents from any and all costs, claims,judgments, and/or awards or damages arising
out of, or in any way resulting from, the negligent act or omissions of the Agency's
subcontractor, its officers, employees, and/or agents in connection with or in support of
this Contract.
G. Nothing contained within this provision shall affect and/or alter the application of any
other provision contained within this Contract.
XIV. INSURANCE REQUIREMENTS
A. By the date of execution of this Contract, the Agency shall procure and maintain for the
duration of this Contract, insurance against claims for injuries to persons or damages
to property which may arise from, or in connection with, the performance of work
hereunder by the Agency, its agents, representatives, employees, and/or
subcontractors. The costs of such insurance shall be paid by the Agency or
subcontractor. The Agency may furnish separate certificates of insurance and policy
endorsements for each subcontractor as evidence of compliance with the insurance
requirements of this Contract. The Agency is responsible for ensuring compliance with
all of the insurance requirements stated herein. Failure by the Agency, its agents,
employees, officers and or subcontractors, to comply with the insurance requirements
stated herein shall constitute a material breach of this Contract.
Kent Police Department Page 6 of 18 2008 Contract
j
For All Coverages: Each insurance policy shall be written on an "occurrence"form;
except that insurance on a "claims made"form may be acceptable with prior County
approval.
If coverage is approved and purchased on a "claims made" basis, the Agency warrants
continuation of coverage, either through policy renewals or the purchase of an
extended discovery period, if such extended coverage is available, for not less than
three years from the date of Contract termination, and/or conversion from a "claims
made" form to an "occurrence" coverage form.
By requiring such minimum insurance, the County shall not be deemed or construed to
have assessed the risks that may be applicable to the Agency under this Contract.
The Agency shall assess its own risks and, if it deems appropriate and/or prudent,
Imaintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded by said policies, which
coverage will apply to each insured to the full extent provided by the terms and
conditions of the policy(ies). Nothing contained within this provision shall affect and/or
alter the application of any other provision contained within this Contract.
B. Minimum Scope of Insurance
Coverage shall be at least as broad as the following:
1. General Liability:
Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY).
2. Professional Liability:
Professional Liability, Errors, and Omissions coverage. In the event that services
delivered pursuant to this Contract either directly or indirectly involve or require
professional services, Professional Liability, Errors, and Omissions coverage
shall be provided. "Professional Services", for the purpose of this Contract
section, shall mean any services provided by a licensed professional or those
services that require professional standards of care.
3. Automobile Liability:
In the event that services delivered pursuant to this Contract require the use of a
vehicle or involve the transportation of clients by Agency personnel in Agency-
owned vehicles or non-owned vehicles, the Agency shall provide evidence of the
appropriate automobile coverage.
Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO
COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by
symbols 2, 7, 8, or 9.
4. Workers' Compensation
Workers' Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for this work by
applicable federal or"Other States" state law.
1 Kent Police Department Page 7 of 18 2008 Contract
5. Stop Gap/Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the "Stop Gap" endorsement to the
general liability policy.
C. Minimum Limits of Insurance
1. If, pursuant to this Contract, the Agency provides a mental health outpatient
treatment or non-treatment service, it shall maintain limits no less than,for:
a. General Liability: $3,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $3,000,000 aggregate limit.
b. Professional Liability, Errors, and Omissions: $3,000,000 per claim and in the
aggregate.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage, unless Agency transports clients. If the Agency
transports of clients as a function of this or any other service contract, the limit
shall be no less than $3,000,000 combined single limit per accident for bodily
injury and property damage. If the Agency maintains a $1,000,000 limit, check
the box and initial as indicated below.
❑ Agency never transports clients under this or any service contract. ,
(Initials of authorized agency representative)
d. Workers' Compensation: Statutory requirements of the state of residency.
e. Stop Gap/Employers Liability: $1,000,000.
2. If, pursuant to this Contract, the Agency provides a mental health inpatient service,
it shall maintain limits no less than, for:
a. General Liability: $5,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
aggregate limits, a $5,000,000 aggregate limit.
b. Professional Liability, Errors, and Omissions: $3,000,000 per claim and in the
aggregate.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily '
injury and property damage, unless Agency transports clients. If the Agency
transports of clients as a function of this or any other service contract, the limit
shall be no less than $3,000,000 combined single limit per accident for bodily
injury and property damage. If the Agency maintains a $1,000,000 limit,
check the box and initial as indicated below.
❑ Agency never transports clients under this or any service contract.
(Initials of authorized agency representative)
d. Workers' Compensation: Statutory requirements of the state of residency.
Kent Police Department Page 8 of 18 2008 Contract
1 e. Stop Gap/Employers Liability: $1,000,000.
3. If, pursuant to this Contract, the Agency provides alcohol and/or substance abuse
treatment or non-treatment service, it shall maintain limits no less than,for:
a. General Liability: $1,000,000 combined single limit per occurrence by bodily
injury, personal injury, and property damage, and for those policies with
1 aggregate limits, a $1,000,000 aggregate limit.
b. Professional Liability, Errors, and Omissions: $1,000,000 per claim and in the
aggregate.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
d. Workers' Compensation: Statutory requirements of the state of residency.
e. Stop Gap/Employers Liability: $1,000,000.
D. Deductibles and Self-Insured Retentions
jAny deductibles or self-insured retentions must be declared to, and approved by, the
County. The deductible and/or self-insured retention of the policies shall not apply to
the Agency's liability to the County and shall be the sole responsibility of the Agency.
E. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
1. Liability Policies Except Professional/Errors and Omissions and Workers
Compensation.
a. The County, its officers, officials, employees and agents are to be covered
as additional insureds as respects liability arising out of activities performed
by or on behalf of the Agency in connection with this Contract. (CG 2010
11/85 or its' equivalent)
b. The Agency's insurance coverage shall be primary insurance as respects
the County, its officers, officials, employees, and agents. Any insurance
and/or self-insurance maintained by the County, its offices, officials,
employees or agents shall not contribute with the Agency's insurance or
benefit the Agency in any way.
C. The Agency's insurance shall apply separately to each insured against
whom claim is made and/or lawsuit is brought, except with respect to the
limits of the insurer's liability.
2. All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits, except by the reduction of the applicable aggregate limit by claims paid,
until after 45 days prior written notice has been given to the County.
Kent Police Department Page 9 of 18 2008 Contract
F. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with
a Bests' rating of no less than A: VIII, or, if not rated with Bests, with minimum
surpluses the equivalent of Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers
with a Bests' rating of B+VII. Any exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above minimum
requirements the Agency shall, upon notice to that effect from the County, promptly
obtain a new policy, and shall submit the same to the County, with appropriate
certificates and endorsements, for approval.
G. Verification of Coverage
The Agency shall furnish the County certificates of insurance and endorsements
required by this Contract. Such certificates and endorsements, and renewals thereof,
shall be attached as exhibits to the Contract. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance policy
are to be on forms approved by the County prior to the commencement of activities
associated with the Contract. The County reserves the right to require complete,
certified copies of all required insurance policies at any time.
H. Subcontractors
The Agency shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Agency is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this
Contract then such requirements and documentation shall be subject to all of the
requirements stated herein.
I. Municipal or State Agency Provisions
If the Agency is a Municipal Corporation or an agency of the State of Washington and
is self insured for any of the above insurance requirements, a certification of self-
insurance shall be attached hereto and be incorporated by reference and shall
constitute compliance with this Section.
XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Nondiscrimination in Employment Provision of Services
During the performance of this Contract, neither the Agency nor any party
subcontracting under the authority of this Contract shall discriminate or tolerate
harassment on the basis of race, color, sex, religion, national origin, marital status,
sexual orientation, age, or the presence of any sensory, mental, or physical disability in
the employment or application for employment or in the administration or delivery of
services or any other benefits under this Contract. King County Codes Chapters 12.16
and 12.17 are incorporated herein by reference, and such requirements shall apply to
this Contract.
Kent Police Department Page 10 of 18 2008 Contract
r�
jB. Nondiscrimination in Subcontracting Practices
During the solicitation, award and term of this Contract, the Agency shall not create
barriers to open and fair opportunities to participate in County contracts or to obtain or
compete for contracts and subcontracts as sources of supplies, equipment,
construction and services. In considering offers from and doing business with
subcontractors and suppliers, the Agency shall not discriminate against any person on
the basis of race, color, religion, sex, age, national origin, marital status, sexual
orientation or the presence of any mental or physical disability in an otherwise qualified
disabled person.
C. Compliance with Laws and Regulations
The Agency shall comply fully with all applicable federal, state and local laws,
ordinances, executive orders and regulations that prohibit discrimination. These laws
include, but are not limited to, KCC 12.17, RCW Chapter 49.60, Titles VI and VII of the
Civil Rights Act of 1964, 42 United States Code (USC) 2000(a) et seq., the Americans
with Disabilities Act, 42 USC 12102 et seq., and the Restoration Act of 1987. The
Agency shall further comply fully with any affirmative action requirements set forth in
1 any federal regulations, statutes or rules included or referenced in the contract
documents.
D. Small Business and Minority and Women Business Enterprise Opportunities
The County encourages the Agency to utilize small businesses, including Minority-
owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The
County encourages the Agency to use the following voluntary practices to promote
open competitive opportunities for small businesses, including M/WBEs.
1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to
provide project information and to inform small businesses and other firms of
contracting and subcontracting opportunities.
2. Placing all qualified small businesses attempting to do business in King County,
including M/WBEs, on solicitation lists, and providing written notice of
subcontracting opportunities to these firms capable of performing the work,
including without limitation all businesses on any list provided by the County, in
sufficient time to allow such businesses to respond to the written solicitations.
3. Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses, including M/WBEs.
4. Establishing delivery schedules, where the requirements of this Contract permit,
that encourage participation by small businesses, including M/WBEs.
5. Providing small businesses, including M/WBEs that express interest with
adequate and timely information about plans, specifications, and requirements of
the Contract.
6. Using the services of available community organizations, contractor groups, local
assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including M/WBEs.
i
Kent Police Department Page 11 of 18 2008 Contract
7. The Washington State Office of Minority and Women's Business Enterprises
(OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at
360-753-9693 or on-line through the web site at www.wsdot.wa.gov/omwbe/.
E. Fair Employment Practices
King County`Code Chapters 12.16 and 12.18 are incorporated by reference as if fully
set forth herein and such requirements apply to this Contract. During the performance
of this Contract, neither the Agency nor any party subcontracting under the authority of
this Contract shall engage in unfair employment practices.
F. Record-Keeping Requirements and Site Visits
The Agency shall maintain, for at least six years after completion of all work under this
Contract, the following:
1. Records of employment, employment advertisements, application forms, and
other pertinent data, records and information related to employment, applications
for employment or the administration or delivery of services or any other benefits
under this Contract; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Agency by all businesses seeking to participate on this Contract, and any other
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The County may visit, at any time, the site of the work and the Agency's office to
review the foregoing records. The Agency shall provide every assistance requested by
the County during such visits. In all other respects, the Agency shall make the
foregoing records available to the County for inspection and copying upon request. If
this Contract involves federal funds, the Agency shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or
referenced in the contract documents.
G. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this Section shall be a
material breach of contract for which the Agency may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
H. Reporting
The Agency shall complete all reports and forms provided by the County and shall
otherwise cooperate fully with the County in monitoring and assisting the Agency in
providing nondiscriminatory programs.
XVI. SECTION 504 AND AMERICANS WITH DISABILITIES ACT (ADA)
The Agency has completed a 504/ADA Self-Evaluation Questionnaire for all programs and
services offered by the Agency (including any services not subject to this Contract)and has
evaluated its services, programs and employment practices for compliance with Section 504
of the Rehabilitation Act of 1973, 29 USC 701 et seq. as amended ("504")and the American
Disabilities Act, 42 USC 12102 et seq. The Agency has completed, attached as an exhibit to
this Contract, and incorporated herein by reference a 504/ADA Assurance of Compliance.
Kent Police Department Page 12 of 18 2008 Contract
1 XVII. SUBCONTRACTS AND PURCHASES
A. The Agency shall include the above Sections IV, V, VI, VII, Vill, XII, XIII, XIV, XV, and
XVI, in every subcontract or purchase agreement for services which relate to the
subject matter of this Contract.
B. The Agency agrees to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services which relate to the subject
matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
officers, employees and agents from any and all costs, claims,judgments, and/or
awards of damages arising out of, or in any way resulting from the negligent act or
omissions of subcontractor, its officers, employees, and/or agents in connection with or
in support of this Contract. Subcontractor expressly agrees and understands that King
County is a third party beneficiary to this Contract and shall have the right to bring an
action against subcontractor to enforce the provisions of this paragraph."
XVIII. CONFLICT OF INTEREST
A. The Agency agrees to comply with the provisions of KCC Chapter 3.04. Failure to
comply with any requirement of KCC Chapter 3.04 shall be a material breach of this
Contract, and may result in termination of this Contract pursuant to Section XI and
subject the Agency to the remedies stated therein, or otherwise available to the County
at law or in equity.
B. The Agency agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure
preferential treatment in its dealings with the County by offering any valuable
consideration, thing of value or gift, whether in the form of services, loan, thing or
promise, in any form to any County official or employee. The Agency acknowledges
that if it is found to have violated the prohibition found in this paragraph, its current
contracts with the County will be cancelled and it shall not be able to bid on any County
contract for a period of two years.
C. The Agency acknowledges that for one year after leaving County employment, a
former County employee may not have a financial or beneficial interest in a contract or
grant that was planned, authorized, or funded by a County action in which the former
County employee participated during County employment. Agency shall identify, at the
time of offer, current or former County employees involved in the preparation of
proposals or the anticipated performance of work if awarded the Contract. Failure to
identify current or former County employees involved in this transaction may result in
the County's denying or terminating this Contract. After Contract award, the Agency is
responsible for notifying the County's project manager of current or former County
employees who may become involved in the Contract any time during the term of the
Contract.
XIX. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
1 Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
Kent Police Department Page 13 of 18 2008 Contract
XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP j
A. The Agency agrees that equipment purchased with Contract funds at a cost of$5,000
per item or more and identified in an exhibit as reimbursable is upon its purchase or
receipt the property of the Agency, County, and/or federal, and/or state government, as
specified in the exhibit.
B. The Agency shall be responsible for all such equipment, including the proper care and
maintenance.
C. The Agency shall ensure that all such equipment shall be returned to the appropriate
government agency, whether federal, state or county, upon written request of the
County.
D. The Agency shall admit County staff to the Agency's premises for the purpose of
marking such property with appropriate government property tags.
E. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Contract identified funds.
XXI. NOTICES
Whenever this Contract requires that notice be provided by one party to another, such notice
shall be:
A. In writing; and
B. Directed to the chief executive officer of the Agency and the director of the County
department specified on page one of this Contract_
Any time, within which a party must take some action, shall be computed from the date that
the notice is received by said party.
XXII. PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any patentable or copyrightable
material or article should result from the work described herein, all rights accruing from such
material or article shall be the sole property of the County. The County agrees to and does
hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free license to use,
according to law, any material or article and use any method that may be developed as part
of the work under this Contract.
The foregoing products license shall not apply to existing training materials, consulting aids,
checklists, and other materials and documents of the Agency which are modified for use in
the performance of this Contract.
The foregoing provisions of this section shall not apply to existing training materials, 1
consulting aids, checklists, and other materials and documents of the Agency that are not
modified for use in the performance of this Contract.
XXIII. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes which are mutually
agreed upon shall be incorporated by written amendments to this Contract.
Kent Police Department Page 14 of 18 2008 Contract
XXIV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this Contract and shall ensure that, whenever possible,
the cover page of each document printed on recycled paper bears an imprint identifying it as
recycled paper.
If the cost of recycled paper is more than 15 percent higher than the cost of non-recycled
paper, the Agency may notify the Contract Administrator, who may waive the recycled paper
requirement.
The Agency shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical in the fulfillment of this Contract.
XXV. ENTIRE CONTRACTMAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any
oral or written representations or understandings not incorporated herein are excluded. Both
parties recognize that time is of the essence in the performance of the provisions of this
Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of the Contract shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Agency and any subcontractor(s) agree to abide by the terms of the Revised Code of
Washington, rules and regulations promulgated thereunder, and the DSHS and County
Agreement on General Terms and Conditions between the Department of Social and Health,
Services and King County, as amended, and regulations of the state and federal
governments, as applicable, which control disposition of funds granted under this Contract,
all of which are incorporated herein by reference.
In the event of a conflict between any of the language contained in any exhibit or any
attachment to this Contract, the language in the Contract shall have control over the
language contained in the exhibit or the attachment, unless the parties affirmatively agree in
writing to the contrary.
XXVIL CONFIDENTIALITY
The Agency agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state
and federal law.
XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT
OF 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 Code of Federal Regulations (CFR) Parts 160 and 164.
A. Obligations and Activities of the Agency
' 1. The Agency agrees not to use or disclose protected health information other than
as permitted or required by law.
Kent Police Department Page 15 of 18 2008 Contract
2. The Agency agrees to implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity,
and availability of the protected health information that it creates, receives,
maintains, or transmits on behalf of the County as required by 45 CFR Part 164,
Subpart C.
3. The Agency agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Agency of a use or disclosure of protected health information by
the Agency in violation of the requirements of this Contract.
4. The Agency agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident, to the County
within two days of the Agency's knowledge of such event.
5. The Agency agrees to ensure that any agent, including a subcontractor, to whom
it provides protected health information received from, or created or received by
the Agency on behalf of King County, agrees to the same restrictions and
conditions that apply through this Contract to the Agency with respect to such
information.
6. The Agency agrees to make available protected health information in accordance ,
with 45 CFR § 164.524.
7. The Agency agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
accordance with 45 CFR § 164.526.
8. The Agency agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received
by the Agency on behalf of King County, available to the Secretary, in a
reasonable time and manner for purposes of the Secretary determining King
County compliance with the privacy rule.
9. The Agency agrees to make available the Information required to provide an
accounting of disclosures in accordance with 45 CFR § 164.528.
B. Permitted Uses and Disclosures by Business Associate t
The Agency may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate the Privacy Rule if done by King
County or the minimum necessary policies and procedures of King County.
C. Effect of Termination
1. Except as provided in paragraph C.2 of this section, upon termination of this
Contract, for any reason, the Agency shall return or destroy all protected health
information received from King County, or created or received by the Agency on
behalf of King County. This provision shall apply to protected health information
that is in the possession of subcontractors or agents of the Agency. The Agency
shall retain no copies of the protected health information.
Kent Police Department Page 16 of 18 2008 Contract
2. In the event the Agency determines that returning or destroying the protected
health information is infeasible, the Agency shall provide to King County
notification of the conditions that make return or destruction infeasible. Upon
notification that return or destruction of protected health information is infeasible,
the Agency shall extend the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for
so long as the Agency maintains such protected health information.
XXIX. EMERGENCY RESPONSE
A. The Agency shall prepare and submit within six months of the execution of the
Contract the necessary plans, procedures and protocols to:
1. Respond to and recover from a natural disaster or major disruption to agency
operations such as a work stoppage; and
2. Continue operations during a prolonged event such as a pandemic.
B The Agency shall conduct exercises or drills to test the effectiveness of its plans at
least once a year and document the results of the exercise or drill.
C. The Agency shall prepare the plans in a format approved by the County. The
explanation of the format will include the specific content of the Agency's plans. The
_ County will specify areas that must be addressed in the Agency's plan.
D. The County may waive the requirements in subsections A, B of C upon written request
by the Agency identifying compelling reasons why such requirements should not apply.
XXX. DISPUTE RESOLUTION
Agency disputes pertaining to County decisions regarding contract compliance issues shall
be made in writing to the Division Manager of Mental Health, Chemical Abuse and
Dependency Services Division (MHCADSD)_ The written dispute shall include the decision
being questioned and the point on which the dispute is made.
Kent Police Department Page 17 of 18 2008 Contract
The Division Manager will make a determination decision and respond in writing to the
Agency within 30 calendar days of receipt. If the Agency wishes to appeal the Division
Manager decision, an additional letter indicating all points of the dispute resolution process
to date shall be sent to the Division Manager who will forward the letter with comments to
the Department of Community and Human Services Director. The Department Director will
make a determination decision and respond in writing to the Agency within 30 calendar
days of receipt.
KING COUNTY KENT POLICE DEPARTMENT
FOR
King County Executive Signature
Date NAME (Please type or print)
Date
Approved by DCHS Director
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
September 25, 2007
Kent Police Department Page 18 of 18 2008 contract
EXHIBIT II
KENT POLICE DEPARTMENT
DEFENDANT JAIL TRANSITION AND PSYCHOTROPIC MEDICATION SERVICES
I. WORK STATEMENT
The Agency shall provide up to a seven-day supply of medications prescribed to defendants
exiting jail for the purposes of relieving psychiatric symptoms, including medications to
ameliorate the side effects of psychotropic medication, and make appropriate referrals for
mental health evaluation and other mental health services.
Funding
Fund Source Amount Effective Dates
State $12,000 01/01/2008— 12/31/2008
The Agency shall be reimbursed on an actual cost basis plus nine and nine tenths percent
administration fee per month. The total amount of reimbursement for this Exhibit shall not
exceed $12,000, for the Exhibit period of January 1, 2008 through December 31, 2008.
II. PROGRAM DESCRIPTION
A. Goal
1. Continue to develop and provide services that reduce the growth of emergency
medical and criminal justice system involvement and costs.
2. Ensure that eligible Medicaid recipients and non-Medicaid clients receive easily
accessible mental health and co-occurring disorder services.
B. Objectives
1. To cover the costs for up to seven days supply of medications prescribed to
defendants exiting jail for the purposes of relieving psychiatric symptoms, including
medications to ameliorate the side effects of psychotropic medication.
2. To provide data that will allow the analysis of client and program outcomes of providing
the additional medications and linkage of appropriate clients to the Jail Transition
Services program operated by Sound Mental Health (SMH).
3. To ensure that active engagement, treatment, and discharge planning occurs during
incarceration or detention.
1 C. Eligibility
1. Eligibility for up to seven days supply of psychiatric medications upon release includes
adults who:
a. Have an Axis 1 major mental disorder that is ongoing and that interferes with age-
appropriate social and role functioning; and
b. Received psychotropic medication, including medications to ameliorate the side
effects of psychotropic medication, from authorized medical staff in the jail prior to
release from custody.
CJ/MH—Kent Police Department Page 1 of 4 2008 Contract—Exhibit 11
2. Eligibility for referral to the Jail Transition Services program includes adults who have
an annual income of not more than 200 percent of federal poverty level and who:
a. Are being released from custody at the Kent Municipal Jail;
b. Have a history of two or more incarcerations in King County, including the current
incarceration;
c. Have an Axis I major mental disorder that is ongoing and that interferes with age-
appropriate social and role functioning, and an active substance-related disorder
that is ongoing;
d. Are not enrolled in outpatient mental health services provided through the King
County Mental Health Plan nor engaged in outpatient chemical dependency
treatment services, excluding opiate substitution treatment;
e. Are residents of King County or are homeless;
f. Are referred by a representative of the court; and
g. Agree to participate in the program. l
3. Clients who are not eligible for the Jail Transition Services program and should not be
referred include:
a. Defendants whose current charges include a sex offense or arson; or
b. Defendants whose felony criminal history or registration status (regardless of L
current charges) includes arson or Level III Sex Offender, respectively.
4. Level II Sex Offender cases must be reviewed and approved by the Criminal Justice
Initiative Program Director prior to Jail Transition Services program placement.
D. Definitions
1. Axis 1 major mental disorder: a mental disord r as defined b the Diagnostic and
1 � Y 9
Statistical Manual fourth edition or as revised, that is ongoing and interferes with age-
appropriate social and role functioning.
2. Defendant: an individual incarcerated in a municipal jail awaiting adjudication and
release.
3. Medicaid recipient: an individual who is currently enrolled in the Medicaid program, as
shown on the medical identification card. ,
4. Non-Medicaid client: individuals who do not hold a valid card showing they meet
Medicaid eligibility requirements. Mental health services will be available to non-
Medicaid persons as resources permit.
5. Psychotropic medications: medications provided by a licensed physician, pharmacist
or medical practitioner for the purpose of reducing psychiatric symptoms or the side
effects of medications prescribed to reduce psychiatric symptoms.
CJ/MH—Kent Police Department Page 2 of 4 2008 Contract—Exhibit 11
E. General Program Requirements
1. The Agency shall provide services under this Exhibit in compliance with 42 Code of
Federal Regulations (CFR) Part 438 Balanced Budget Act (BBA); 45 CFR Health
Insurance Portability and Accountability Act (HIPAA) Parts 160 and 164; and
Washington Administrative Code (WAC) 246-869-080.
2. The Agency shall be solely responsible for compliance with generally accepted
professional and ethical standards and for the quality of the services performed. All
duties performed by the Agency shall be consistent with the applicable requirements of
all formal bodies, governmental or otherwise, to which the Agency and its clinicians are
subject with respect to licensing, certification, registration, and/or accreditation.
F. Program Specific Requirements
1. The Agency shall:
a. Assess defendants incarcerated at the Kent Municipal Jail for program eligibility;
b. Provide up to seven days supply of medications prescribed to defendants exiting
jail for the purposes of relieving psychiatric symptoms; this includes medications to
ameliorate the side effects of psychotropic medication, depending on funding
availability;
c. Provide program and participant data as requested by King County Mental Health,
Chemical Abuse and Dependency Services Division (MHCADSD);
1 d. Provide a referral to SMH's Jail Transition Services program, called Project START,
prior to the eligible defendant's release from jail.
e. Retain complete responsibility for and control of its practice and the practice of
clinicians under its employ or contract; and
f. Conduct its practice in accordance with its own best clinical judgment and
discretion.
2. The Agency shall work with the County to collaborate with the justice system liaisons,
court staff, and SMH in arranging for services to persons referred by the jail.
III. COMPENSATION AND METHOD OF PAYMENT
A. Billing Invoice Package
1. The Agency shall submit monthly a Billing Invoice Package (BIP)that consists of a
Reimbursement Request Summary form provided by the County.
2. The Agency shall submit the reporting requirements as stated in section IV.
REPORTING REQUIREMENTS.
3. The BIP shall be completed according to minimum standards as defined in the Mental
Health, Chemical Abuse and Dependency Services Division Standards (MHCADSD).
4. The BIP is due within 15 days after the end of each month, except at the end of the
calendar year, the end of the state fiscal year, the end of the federal fiscal year, and
the end of the state biennium when an earlier due date may be required.
CJ/MH-Kent Police Department Page 3 of 4 2008 Contract-Exhibit 11
B. Method of Payment
1. Reimbursement shall be provided monthly on an actual cost reimbursement basis of
the medications purchased plus nine and nine-tenths percent administration fee up to
12 000.
2. Payment shall be made monthly subject to performance requirements being met, and
upon submission of a billing invoice and any reporting requirements as specified in this
Exhibit.
IV. REPORTING REQUIREMENTS
A. The Agency will provide the County with monthly expenditure reports and service volumes
due within 15 days after the end of each month, except at the end of the calendar year, the
end of the state fiscal year, the end of the federal fiscal year, and the end of the state
biennium, when an earlier due date may be required.
B. The Agency will provide monthly data in a format mutually agreed upon by the Agency and
the County for the following data elements:
Data Element Description
First Name First Name
Middle Initial Middle Initial
Last Name Last Name
DOB Birth date
Gender
M Male
F Female
Ethnicity
W White
N American Indian or Alaska Native
A Asian
B Black, African American
H General Hispanic if data available
Social Security Number Social Security Number if Known
Jail Name of Jail
Booking Date Date consumer was booked in jail
Exit date Date consumer was released from 'ail
Medication cost Cost of medications provided at discharge
Idays Rx?
Y Yes, 7 day s medication supply rovided at release
N No, less than 7 days supply rovided at release
CJ/MH—Kent Police Department Page 4 of 4 2008 Contract—Exhibit 11
Kent City Council Meeting
Date January 15, 2008
Category Other Business
1. SUBJECT: INTERLOCAL AGREEMENT WITH SEATTLE SOUTHSIDE VISITORS
BUREAU
2. SUMMARY STATEMENT: This interlocal agreement with Seattle Southside
Visitors Bureau will provide tourism, networking, support and participation in
various marketing activities.
3. EXHIBITS: Interlocal agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? $120,000.00 Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION: 2
Councilmember &AA moves, Councilmember seconds
to approve the Interlocal Agreement for Tourism and Marketing Services between
Seattle Southside Visitor Services and the City of Kent.
DISCUSSION:
ACTION: 7)1 C,
Council Agenda
Item No. 7A
INTERLOCAL AGREEMENT
FOR
TOURISM AND MARKETING SERVICES
BETWEEN SEATTLE SOUTHSIDE VISITOR SERVICES AND CITY OF KENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant
to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and
between Seattle Southside Visitor Services ("SSVS") and the City of Kent("Kent").
RECITALS
WHEREAS, SSVS is a cooperative tourism and marketing program between the cities of
Tukwila and SeaTac, administered by the City of Tukwila;
WHEREAS, Kent desires to acquire professional tourism and marketing services for the
purpose of increasing awareness of Kent and its surrounding areas as tourist destinations; and
WHEREAS, SSVS is willing to expand the scope of its existing tourism and marketing
services to include Kent;
NOW THEREFORE, in consideration of the mutual covenants contained in this
agreement, the parties agree as follows:
AGREEMENT
1. PURPOSE. The purpose of this Agreement is to include Kent in SSVS's tourism &
marketing program to promote tourism in Kent.
2. SCOPE OF SERVICES. SSVS agrees to provide the following tourism & marketing
services to Kent:
a) Incorporate Kent's tourism businesses into the existing SSVS Tourism
Networking Committee for the purposes of creating awareness, support, and
participation in SSVS's various marketing activities.
b) Facilitate input from Kent's tourism businesses for the purposes of developing,
implementing, and evaluating annual marketing activities.
c) Attend Kent's Lodging Tax Advisory Committee meetings.
' d) Submit quarterly reports to Kent's Lodging Tax Advisory Committee regarding
marketing budget information, implementation schedules, and marketing
strategies.
e) Implement annual marketing and media plans incorporating Kent's tourism
businesses.
INTERLOCAL AGREEMENT FOR
' TOURISM AND MARKETING SERVICES - 1
f) Incorporate Kent hotels, major tourist attractions, and Kent sponsored events and
venues into SSVS's vacation planner, website, coupon book, and restaurant
concierge book. Shopping destinations, restaurants, tourist attractions, and other
tourism businesses located in Kent will be offered the opportunity to be included
in these materials at their own cost.
g) Create and distribute tourism materials, including but not limited to those
identified in subsection(f) above, regarding Kent's tourism businesses.
This scope of services shall not include implementation of Kent specific tourism projects. At
such time as Kent and SSVS mutually agree, SSVS may advise or assist Kent, or with Kent's
prior approval, the Kent Chamber of Commerce, regarding Kent specific projects (including
sport tournament bids and Kent's specific lodging website: www.kenthotels.org, etc.).
3. COMPENSATION. Kent shall pay an amount not to exceed $120,000.00 per year to be
paid in monthly installments of$10,000.00. SSVS shall invoice Kent monthly with payment to
be made within days of Kent's receipt of SSVS's invoice.
4. TERM. The term of this Agreement shall be for one year commencing on January 1,
2008, The Agreement shall renew for subsequent one year terms until terminated as set forth in
paragraph 6 below, if SSVS first gives written notice to renew at least sixty (60) days before the
end of the current term, and if Kent provides its approval of the renewal request before the end of
the current term.
5. RECORDS. SSVS shall maintain or cause to be maintained books of accounts
concerning the services provided under this Agreement, in which books shall be entered, fully
and accurately, each transaction pertaining to this Agreement. All the books will be open during
normal business hours for inspection and examination by Kent.
6. TERMINATION. SSVS or Kent may terminate this Agreement in writing, with or
without cause, upon giving at least sixty (60) days advance written notice. The terminating party
shall be liable for its share of financial obligations entered into on its behalf prior to termination,
including but not limited to rent obligations and media buys.
7. OWNERSHIP. SSVS shall maintain ownership of all property acquired pursuant to this
Agreement.
8. AMENDMENT. This Agreement may be amended or modified in writing at any time
with the mutual consent of both parties.
9. HOLD HARMLESS. SSVS and Kent agree that each party shall defend, indemnify,
and hold harmless the other party and its officers, officials, agents employees, and volunteers
from any and all claims, injuries, actions, damages, losses or suites including reasonable
attorney's fees, which arise out of or are connected with any errors, omissions, or negligent acts
in the performance of this Agreement.
INTERLOCAL AGREEMENT FOR
TOURISM AND MARKETING SERVICES - 2 '
10. ADMINISTRATOR. The Administrator listed below shall be responsible for and shall
be the contact person for all communications regarding the performance of this Agreement.
SSVS: Kent:
Katherin Kertzman, Prg. Dir. Ben Wolters, Econ. Dev. Director
14220 Interurban Ave. S. #130 220 4`" Ave. S.
Seattle, WA 98168 Kent, WA 980320
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
which shall become effective on the last date entered below.
Steven Mullet , Mayor Suzette Cooke, Mayor
Dated: Dated:
Attest: Attest:
Jane Cantu, City Clerk Brenda Jacober, City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
INTERLOCAL AGREEMENT FOR
TOURISM AND MARKETING SERVICES - 3
' Kent City Council Meeting
Date January 15, 2008
Category Other Business
1. SUBJECT: W. JAMES STREET, 4TH AVENUE N. AND W. CLOUDY STREET,
CONDEMNATION ORDINANCE
' 2. SUMMARY STATEMENT: In order to construct the West James Street and
41h Avenue North/West Cloudy Street Improvement Projects it will be necessary to
acquire private property from fourteen (14) property owners. This ordinance
provides the mechanism to proceed, if necessary, to condemnation on those
properties for which typical methods of negotiation have failed.
1
' 3. EXHIBITS: Public Works memorandum dated 12/17/07 and ordinance
' 4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue?
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember Rmcyy
Q moves, Councilmember el seconds
' to adopt Ordinance No. 3O 7 L obtaining needed right-of-way for the West
James Street, 4th Avenue N. and West Cloudy Street Improvement Projects.
' DISCUSSION:
' ACTION: S' 0
Council Agenda
' �� n Item No. 7B
3
' PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
KENT Phone: 253-856-5500
WASHING Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
' Date: December 17, 2007
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: January 7, 2008
From: Mark Howlett, Engineering Manager
Through: Larry Blanchard, Public Works Director
Subject: Condemnation Ordinance for West James Street and 4th Avenue
North/West Cloudy Street Improvement Projects
' Motion:
Recommend adoption of a Condemnation Ordinance obtaining needed right-of-way
for the W. James Street and 4th Avenue N./W. Cloudy Street Improvement Projects.
Background/History: West James Street will be widened to provide a left-turn lane at
the Kent Events Center east driveway, and add a bike lane and pedestrian improvements
between the Interurban Trail and 4th Avenue North. 4th Avenue North will be widened to
provide a left-turn lane at the intersection with West Cloudy Street. Cloudy Street will be
widened between 5th Avenue North and 3rd Avenue North. The widening is part of the Kent
Events Center project, and is scheduled to be constructed in the spring/summer 2008.
The City has started the acquisition process and is proceeding with good-faith negotiations
' with the fourteen (14) property owners. The City will avoid, as much as possible, to utilize
the condemnation process, however if required, this ordinance will enable Public Works to
continue on schedule.
' Summary: In order to construct the W. James St. and 41h Ave. N./W. Cloudy St.
improvement projects it will be necessary to acquire private property from fourteen (14)
property owners. This ordinance provides the mechanism to proceed, if necessary, to
' condemnation on those properties for which typical methods of negotiation have failed.
' U TWCommttteeWetionPagel doc
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r
r
' ORDINANCE NO.
rAN ORDINANCE of the City Council of the City
of Kent, Washington, providing for the acquisition of real
property and/or property rights located along 4th Avenue
North from West James Street to 350 feet north of West
Cloudy Street, along West Cloudy Street from 5th
' Avenue North to 3rd Avenue North, and along West
James Street from the Interurban Trail to 4th Avenue
North. This action is being taken in order to construct
the improvements to widen and improve the roadways.
r This Ordinance provides for the condemnation,
appropriation, taking and damaging of real property
and/or rights as are necessary for that purpose and
' provides for the payment thereof out of the 4th Avenue
North Improvement Project fund (Fund No. R90081) and
West James Street Improvement Project fund (Fund No.
' R90083). This Ordinance directs the city attorney to
prosecute the appropriate legal proceedings, together
with the authority to enter into settlements, stipulations
or other agreements; and acknowledges that all of the
real property affected is located within the corporate
limits of the City of Kent in King County, Washington.
r
' NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
rSECTION 1. After hearing the report of City staff, and after reviewing the
planned improvements for the 4th Avenue North/West Cloudy Street and the West
' James Street Improvement Projects (the "Projects"), the City Council finds and
1 West James Street and
4th Avenue N./W. Cloudy Street
Improvement Projects
' Condemnation Ordinance
r
declares that the public convenience, use, health, safety and necessity demand
that the City of Kent condemn, appropriate, take and damage portions of certain
real properties located within the corporate limits of the City of Kent in King ,
County, Washington, in order to acquire the necessary real property and/or
property rights for the construction of the Projects, including all necessary
appurtenances. The properties and owners of record affected by this ordinance
are described in Exhibit A, attached and incorporated by this reference (collectively ,
the "Property"). The purposes for which this condemnation is authorized shall
include, without limitation, all acts necessary to complete the construction, ,
extension, improvement, widening, alteration, maintenance, reconstruction and
restoration of the Projects, and any other municipal purpose lawfully permitted ,
within rights of way.
SECTION 2. The City authorizes the acquisition by condemnation of all or
a portion of the Property and/ or rights in the Property for the construction,
extension, improvement, widening, alteration, maintenance and reconstruction of
the Projects, together with all necessary appurtenances and related work to make
a complete roadway improvement according to applicable design, construction and ,
traffic standards and to accommodate other municipal purposes lawfully permitted
within rights of way.
SECTION 3. The City shall condemn the Property and/or rights in the '
Property only upon completion of all steps and procedures required by applicable
federal, state, and/or local laws and regulations. The City's possession and use of
the Property and/or rights shall commence only after a firm offer has been made '
and that amount has first been paid to the owner(s) and encumbrancers or paid
into the registry of the court for the owner(s) and encumbrancers - in the manner '
prescribed by law. Title shall not pass to the City until the time just compensation
has been either agreed upon or has been finally adjudged by a court of competent
jurisdiction and that amount along with any interest accrued has been either
distributed to the owner(s) and encumbrancers or paid in full into the registry of '
the court.
2 West James Street and '
4th Avenue N./UV. Cloudy Street
Improvement Projects
Condemnation Ordinance
r
SECTION 4. The City shall pay for the entire cost of the acquisition by
condemnation provided for in this ordinance through the City's "4th Avenue
North/West Cloudy Street Improvement Project" fund (Fund No. R90081) and/or
the "West James Street Improvement Project" fund (Fund No. R90083), or from
any of the City's general funds, if necessary, as may be permitted by law.
' SECTION 5. The City authorizes and directs the city attorney to
commence those proceedings provided by law that are necessary to condemn the
Property and/or interests therein The City Council authorizes the city attorney to
enter into settlements, stipulations, or agreements in order to mitigate damages
' and/ or to minimize costs. The bases for such settlements, stipulations, or
agreements may include, but are not limited to, the amount of just compensation
to be paid; the size and dimensions of the property condemned; the acquisition of
temporary construction easements and other limited property interests; and costs
and attorneys fees
1
SECTION 6. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to
any person or circumstances shall not affect the validity of the remainder of this
ordinance, or the validity of its application to other persons or circumstances.
1
SECTIONS. This ordinance, being the exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take
effect and be in force five (5) days after its publication as provided by law.
r
' SUZETTE COOKE, MAYOR
3 West James Street and
4tn Avenue N./W. Cloudy Street
Improvement Projects
' Condemnation Ordinance
1
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ATTEST: r
r
BRENDA JACOBER, CITY CLERK '
APPROVED AS TO FORM: ,
TOM BRUBAKER CITY ATTORNEY 1
r
PASSED: day of , 2008. r
APPROVED: day of , 2008. '
PUBLISHED: day of , 2008.
r
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated. ,
i
(SEAL)
BRENDA JACOBER, CITY CLERK
P\GviI\Ordinance\Condemn-4thAveN-WCloudySt-West]amesStreetIm prove Projects doc
i
4 West James Street and ,
4`h Avenue N./W. Cloudy Street
Improvement Projects
Condemnation Ordinance
r
t
� EXHIBIT A
1
1
1
1
1
1
1
1
1
1
1
1
1
No. 656678 ,
TAX PARCEL NO.: 132204-9022
OWNER: PUGET SOUND ENERGY
PARCEL A:
That portion of the following described Tract "X" lying south of a ,
line 150 feet north of and parallel to the south line of Section 13,
Township 22 North, Range 4 East, W.M. , in King County, Washington:
Tract "X": ,
A strip of land, 100 feet in width, being 50 feet in width on each
side of the centerline of definite location of the Seattle-Tacoma
Interurban Railway, across the southeast quarter of the southwest
quarter of Section 13, Township 22 North, Range 4 East, W.M. , in
King County, Washington, the centerline of said strip being
described as follows: ,
Beginning at a point on the south boundary line of said Section 13,
Township 22 North, Range 4 East, 829 feet west from the quarter
section corner between Sections 13 and 24; '
thence north 0*11, west 1,330.1 feet to the intersection with the
north boundary line of the southeast quarter of the southwest
quarter of said Section 13 and the terminus of- line description,
said point of intersection being 475 feet easterly from the
northwest corner of the southeast quarter of the southwest quarter
of said Section 13;
EXCEPT the south 33 feet thereof conveyed to the City of Kent for
roadway purposes.
PARCEL B:
That portion of the following described Tract "Y" lying south of a
line 150 feet north of and parallel to the south line of Section 13,
Township, 22 North, Range 4 East, W.M. , in King County, Washington:
Tract "Y":
Beginning at a point on the south boundary line of said Section 13, ,
Township, 22 North, Range 4 East, 973.5 feet west from the southeast
corner of the southwest quarter of said Section 13;
thence north, along the west line of a tract of land conveyed by
Samuel D. McMillin to Thomas K. McMillin by deed recorded in Volume '
36 of Deeds, page $28 under Recording Number 8584, 1,320 feet to the
northwest corner of said conveyed tract of land;
thence east, along the north line of the tract of land so conveyed, '
EDIT"A„
PAGE 1 OF 16
. No. 656678"
LEGAL DESCRIPTION, continued:
80 feet, more or less, to the west line of the strip of land
condemned and appropriated pursuant to decree dated September 17,
1901 entered in King County Superior Court Cause Number 33023, a
copy of which decree was recorded under Recording Number 217920;
thence southerly, along the west line of said strip of land so
appropriated, 1,320 feet, more or less, to the south line of said
Section 13;
thence west along said south line 69 feet, more or less, to the
point of beginning;
EXCEPT that portion lying west of a line commencing at a point on
the south boundary line of Section 13, Township, 22 North, Range 4
East, 973.5 feet west from the southeast corner of the southwest
quarter of said Section 13;
thence northerly, along the west line of a tract of land of a tract
of land conveyed by Samuel D. McMillin to Thomas K. McMillin by deed
recorded in volume 36 of Deeds, page 528 under Recording Number
8584, 1,320 feet, more or less, to the north line of said southeast
quarter of the southwest quarter;
thence east along said north line 30 feet to the TRUE POINT OF
BEGINNING of line description;
thence southerly, parallel with the west line of said McMillin
Tract, to the south line of said southeast quarter of the southwest
quarter of Section 13, and the terminus of line description;
AND EXCEPT the south 33 feet thereof conveyed to the City of Kent
for roadway purposes.
EXHIBIT"A„
PAGE 2 OF 16
No. 656680 1
OWNER: PUGET SOUND ENERGY TAX PARCEL NO.: 242204-9097
That portion of the following described Tract "X" lying north of a ,
line 150 feet south of and parallel to the north line of Section 24,
Township 22 North, Range 4 East, W.M., in King County, Washington: ,
Tract `X":
A strip of land, 100 feet in width, being 50 feet in width on each
side of the centerline of the Seattle-Tacoma Interurban Railway, as
laid out and surveyed on, over, across and through the northeast
quarter of the northwest quarter of Section 24, Township 22 North,
Range 4 East, W.M. , in King County, Washington, the centerline of
said strip being described as follows:
Beginning at a point on the north boundary line of said Section 24,
Township 22 North, Range 4 East, 829 feet west from the quarter
section corner on the north line of said Section 24;
thence south 0011' west 1,300 feet to the south line of the ,
northeast quarter of the northwest quarter of said Section 24 and
the terminus of line description;
EXCEPT the north 33 feet thereof conveyed to the City of Kent for
roadway purposes. ,
EXHIBIT"A"
PAGE 3 OF 16 1
No. 656677
OWNER: UNION PACIFIC RAILROAD CO. TAX PARCEL NO.: 132204-9042
The south 150 feet of the following described property:
A strip of land, 100 feet in width, extending over and across, from
the south side to the north side of the southeast quarter of the
southwest quarter of Section 13, Township 22 North, Range 4 East,
W.M., in King County, Washington, said strip lying east of, parallel
with and contiguous to the right-of-way of the Puget Sound Electric
' Railway Company.
1 '
1
EXHIBIT«A„
PAGE 4 OF 16
No. 656679
OWNER: UNION PACIFIC RAILROAD CO. TAX PARCEL NO.: 242204-9029
The north 150 feet of the following described property:
A strip of land, 350 feet in width, extending over and across, from
the south side to the north side of the northeast quarter of the
northwest quarter of Section 24, Township 22 North, Range 4 East,
W.M., in King County, Washington, said strip lying east of, parallel
with and contiguous to the right-of-way of the Puget Sound Electric '
Railway Company;
EXCEPTING from said 350-foot strip of land, that portion lying
easterly of the following described line:
Commencing at the northeast corner of said Section 24;
thence north 89048120N west along the north line of said Section 24,
a distance of 477.53 feet, more or less, to the easterly boundary of
the 350-foot right-of-way conveyed to the Chicago, Milwaukee and St.
Paul Railway Company by deed recorded under Recording Number 455930;
thence south 00°241401' east along said easterly right-of-way
boundary a distance of 979.75 feet;
thence north S303012ON west a distance of 50.72 feet;
thence north 43*2114011 west a distance of 50 feet;
thence north 39013/000 west a distance of 50 feet;
thence north 32036129" west a distance of 45.83 feet;
thence north 08050/021 west a distance of 345.44 feet to the TRUE
POINT OF BEGINNING of line description;
thence north 00028/100 west a distance of 495.15 feet to the north
line of said Section 24 and the terminus of line description.
EXHIBIT"A,
PAGE 5 OF 16
I
No. 655679
OWNER: REV. BRUTSCHE FAMILY TRUST TAX PARCEL NO.: 755740-0050
Lot 1, Block 2, Sandwick's Addition to the City of Kent, according
to the plat thereof recorded in Volume 59 of Plats, page 81, in King
County, Washington;
EXCEPT that 'portion thereof conveyed to the City of Kent by Deed
recorded under_Recording Number 6444335, described as follows:
Beginning on the south line of said Lot 1, which is 15.feet from the
southwest corner of said Lot;
Thence westerly along said south line to said southwest corner;
Thence northerly along the west line of said Lot 1, 20 feet;
Thence southeasterly to the point of beginning.
EXHIBIT"A"
PAGE 6 OF 16
1
No. 655680
OWNER: EDGARDO R. OBRAS TAX PARCEL NO.: 755740-0055 '
Lot 2, Block 2, Sandwick's Addition, according to the plat thereof
recorded in Volume 59 of Plats, page 81, in King County, Washington.
PAGE 7 OF 16
tNo. 655681
OWNER: KENNETH & MICHELLE WENDLING TAX PARCEL NO.: 755740-0060
Lot 3, Block 2, Sandwick's Addition to the City of Kent, according
to the plat thereof recorded in Volume 59 of Plats, page 81, in King
County, Washington.
EXHIBIT"A"
' PAGE 8 OF 16
No. 655682
OWNER: JACOB W. GAMER TAX PARCEL NO.: 755740-0065
Lot 4, B1ock2,' Sandwick's Addition to the'City of Kent, according to
the plat thereof recorded in Volume 59, of Plats, page 81, in King
County, Washington.
EXHIBIT«A„
PAGE 9 OF 16
. . 1
I
No. 6SS683
OWNER: GERALD WARREN TAX PARCEL NO.: 132204-9144
That portion of the south 102 feet of the northwest quarter.of the
southwest quarter of the southeast quarter of Section 13,
Township 22 North, Range 4 East, W:M., in Icing County, Washington,
lying west of 4th Avenue as conveyed to the City of Kent by Deed
recorded under King County Recording Numbers 4914696 and 6454933;-
EXCEPT the west 33 feet thereof conveyed to the City of Kent, by
Deed recorded under King County Recording Number 5649487.
1
E)CM1 T"No
, ' PAGE 10OF16
No. 655685
OWNER: SUSAN E. STODDARD TAX PARCEL NO.: 755740-0085
Lot 8, Block 2, Sandwick's Addition to the City of Kent,- according
to the plat,thereof recorded in Volume 59 of. Plats, page 81, in King
County, Washington; , ,
EXCEPT that portion conveyed to City of Kent by deed recorded under
King County Recording Number 6454936.
EXHIBIT"A"
PAGE 11 OF 16
No. 655686
OWNER: DOUGLAS RAE TAX PARCEL NO.: 755740-0080
North 56 feet of Lot 7, -Block 2, Sandwick's Addition to *the City of
Kent, according to the plat thereof recorded in Volume 59 of Plats,
page 81, in Icing County, Washington;
EXCEPT that portion conveyed to City of Kent by deed recorded under
King County Recording Number 6454936.
1
1 err
PAGE 12OF16
No. 655466
TAX PARCEL NO.: 755740-0015
OWNER: PREFERRED PROPERTIES & INVESTMENT CO.
Lot 3, Block 1, Sanwick's Addition to the City of Kent, according to
the plat thereof recorded in Volume 59 of Plats,- page 81, in King
County, Washington;
•EXCEPT the westerly 5 feet thereof• condemned in'King County Superior
Court Cause Number 708685 for North Fourth Avenue, in King County,
Washington.
j
EXHIBIT"A„
PAGE 13 OF 16
�• A
' No. 658409
TAX PARCEL NO.: 755740-0020
OWNER: DEL-KENT, LLC
Lot 4, Block 1, Sandwicke Addition, according to the plat thereof
recorded in Volume 59 of Plats, page 81, in King County, Washington;
EXCEPT the westerly 5 feet thereof.
f EXHIBIT W
PAGE 14 OF 16
No. 658410 .
OWNER: TUAN DO &JESSICA DONGUYEN TAX PARCEL NO.: 755740-0035
Lot 7, Block 1, Sandwick's•Addition to the City of Kent, according
to the plat thereof recorded in Volume 59 of Plats, page 81, in King
County, Washington;
EXCEPT the westerly 5 feet thereof conveyed to the City of Kent by
deed recorded February 14, 1969,•under Recording Number 6470986.
1
PAGE 15 OF 16
`fit ✓ - - + � -
1 No. 658411-
OWNER: NANCY C. COBLE TAX PARCEL NO.: 132204-9152
The east 148 feet of the following described property:
The north 76.5 of the south 178.5 of the northwest quarter of the
southwest quarter of the southeast quarter of Section 13, Township
22 North, Range 4' East W.M.-, in King County, Washington;
. , ,EXCEPT the east 156 thereof;
AND EXCEPT that portion of 4`b Avenue North as condemned by King
County superior Court Cause No. 708685.
E7=7"XI
PAGE 16 OF 16
Kent City Council Meeting
Date January 15, 2008
Category Other Business
1. SUBJECT: DEPARTMENT OF ECOLOGY LOCAL GOVERNMENT STORMWATER
GRANT AGREEMENT
2. SUMMARY STATEMENT: The Washington State Department of Ecology is
offering local jurisdictions grant funds to implement the mandated municipal
National Pollutant Discharge Elimination System Phase II (NPDES) programs. The
grant award is $75,000.00. The funds can be used for data collection, updating
stormwater regulations, source control, public education and outreach, illegal
discharges into the City's stormwater system, purchase of equipment to monitor
stormwater quality and other activities consistent with the NPDES permit
program.
3. EXHIBITS: Department of Ecology LocalGovernment Stormwater Grant
Agreement No. G0800261
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue? X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $75,000
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember Lseconds
to create an account and accept grant funds from the Department of Ecology
Local Government Stormwater Grants Program, Grant Agreement No. G0800261,
in the amount of $75,000.
DISCUSSION: __V
ACTION: �—
Council Agenda
Item No. 7C
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone 253-856-5500
K E N T Fax. 253-856-6500
W A 5 H I N G T O N Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: 01/09/2008
TO: Mayer Cooke and City Council Members
FROM: Mike Mactutis, Environmental Engineering Manager
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: Department of Ecology Local Government Stormwater
Grant Agreement
BACKGROUND:
Washington State Department of Ecology issued Phase II municipalities a
Western Washington Phase II Municipal Stormwater Permit. This permit was
effective on February 16th 2007 and will expire on February 15th, 2012. Since
the effective date of the permit, Public Works Engineering has been working
extensively to implement some of the permit program requirements.
The City of Kent was been offered a $75,000.00 grant from the Department
of Ecology Local Government Stormwater Grants Program. This grant is
offered to assist the city in the implementation of the Phase II municipal
stormwater National Pollutant Discharge Elimination System permit.
The funds can be used for data collection, updating stormwater regulations,
source control, public education and outreach, illegal discharges into the
City's stormwater system, purchase of equipment to monitor stormwater
quality and other activities consistent with the NPDES permit program.
1 _
Mayor White and Kent City Council j
LOCAL GOVERNMENT STORMWATER GRANTS PROGRAM
GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF KENT
THIS is a binding agreement entered into, by, and between the state of Washington Department
of Ecology (DEPARTMENT), and the City of Kent(RECIPIENT). The purpose of this
agreement is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART ]. GENERAL INFORMATION
Project Title: Kent Local Government Stormwater Grant
Grant Number: G0800261
RECIPIENT Name and Address: City of Kent
400 West Gowe Street
Kent, WA 98032
RECIPIENT Contact: Jefferson Davis
Telephone Number: (253) 856-5584
Fax Number: (253) 856-6500
E-Mail Address: jdavis@ci.kent.wa.us
RECIPIENT Billing Contact: Jefferson Davis
Telephone Number: (253) 856-5584
Fax Number: (253) 856-6500
E-Mail Address: jdavis a)ci.kent.wa.us
RECIPIENT Federal ID Number: 91-6001254
DEPARTMENT Project/Financial Manager:Melanie Tyler
1 Mailing Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
1 Olympia,WA 98504-7600
Telephone Number: (360) 407-7489
Fax Number: (360) 407-7151
E-Mail Address: mety461@ecy.wa.gov
Kent Local Government Stormwater Grant
City of Kent
Grant No. G0800261
DEPARTMENT Funding Source: 2007-09 Biennial Operating Budget/Local Toxics
Control Account
Total Cost: $75,000
Total Eligible Cost: $75,000
DEPARTMENT Share: $75,000
DEPARTMENT Maximum
Percentage: 100 percent
�
The effective date of this grant agreement is July 1, 2007. Any work performed prior to the I
effective date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement shall expire on June 30,2009.
PART II. PERFORMANCE MEASURES
A. Water Quality Goal.
Improved stonnwater management and water quality protection associated with
development and implementation of a stonnwater management program.
B. Project Outcomes.
Local Government Stonnwater Grants for local governments to receive grants for
municipal stonnwater programs, including but not limited to:
1. Implementation of Phase II municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permits.
2. Stormwater source control for toxics in association with clean-up of contaminated
sediment sites.
3. Stonnwater source control programs for shellfish protection districts where
stonnwater is a significant contributor.
C. Post Project Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT's Performance Measures Lead will e-mail the
RECIPIENT the Post Project Assessment Survey.
The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the Washington State Legislature,
United States Environmental Protection Agency, and other natural resource agencies.
Page 2 of 8
Kent Local Government Stormwater Grant
City of Kent
- Grant No. G0800261
Approximate Post Project Assessment Date: June 30, 2012
PART III. PROJECT DESCRIPTION
The RECIPIENT's stonmwater project will address planning, implementation, or management of
municipal storinwater programs.
PART IV. PROJECT BUDGET
Kent Local Government Stormwater Grant
TOTAL ELIGIBLE
ELEMENTS
COST (TEC)r
Task 1 —Project Administration/Management $ 7,500
Task 2—Implementation of Stormwater Plantiing and Management $67,500
Needs
Total $75,000
"The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements)
1 DEPARTMENT Share FY 08 (100°110 of TEC) $75,000
1 Pa rnent Re nest Submittals. Payment requests will not be submitted more often than monthly,
ti 4 5 q 5,
unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's
Project/Financial Manager inay require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments will be made on a cost-reimbursable basis.
PART V. SCOPE OF WORK
The RECIPIENT shall ensure that this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
Page 3 of 8
Kent Local Government Stormwater Grant
City of Kent
Grant No. G0800261
billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of
the final contract to the DEPARTMENT's Project/Financial Manager.
Task 1 - Project Administration/Mannement
A. The RECIPIENT shall adrmiruster the project. Responsibilities will include,but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT shall manage the project. Efforts will include. conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective conununication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation, to the DEPARTMENT's Project/Financial Manager. Copies of all
applicable forms shall be included with an original A19-1A, and shall be submitted the
DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients
of Ecology Grants and Loans.
Required Forms: Where Eligible Costs Have Incurred:
Form A19-IA(original signature) Form E (ECY 060-12)
Fonn B2 (ECY 060-7) Form F (ECY 060-13)
Fonn C2 (ECY 060-9) Form G (ECY 060-14)
Form D (ECY 060-11) Fonn H(F-21)
Form I (ECY 060-15)
D. If work conducted results in a report, the RECIPIENT shall submit the following to the
DEPARTMENT's Project/Financial Manager and in the quantities identified:
• Draft project completion reports—one electronic copy
• Final project completion reports—five copies
• Electronic copy of final project completion report
The RECIPIENT shall submit two copies of any document(s)which requires
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
Page 4 of 8
Kent Local Government Stormwater Grant
City of Kent
Grant No. G0800261
Task 2—Implementation of Stormwater Planning and Management Needs
A. The RECIPIENT shall address stormwater management needs that protect or restore
water quality. The RECIPIENT may conduct work related to any of the following
eligible stonnwater management outcomes:
• Implementation of activities required by the municipal stonnwater National Pollutant
Discharge Elimination System(NPDES) pen-nits.
• Stormwater source control for toxics in association with clean-up of contaminated
sediment sites.
• Stormwater source control programs for shellfish protection districts where
stonnwater is a significant contributor.
B. Examples of eligible projects or project components:
l_ Conducting inventories of storniNvater sources.
2. Establishing and refininu stonnwater utilities, including stable rate structures,
developing stonnwater ordinances and regulations, initial staffing, and other
capacity building activities to facilitate ongoing stormwater management needs.
3. Review existing and model stormwater regulations.
4. Mapping or geographic information systems of stonnwater system infrastructure.
5. Source control activities, such as drain stenciling, business inspections, and public
information and conununication.
6. Identification and removal of illicit stormwater discharges into municipal separate
stonn sewer systems.
7. Completing detailed plans. for example, stonnwater management plans,
engineering reports or facilities plans (including financing options and choices),
education and outreach plans, and source control progress reports.
8. Purchase of equipment for conducting stormwater monitoring.
9. Evaluation of stonnwater quality.
10. Other activities consistent with Legislative provisos for this prograin or local and
tregional stonnwater management programs or permit compliance, which can be
completed by the June 30, 2009, deadline.
iPART VI. SPECIAL TERMS AND CONDITIONS
A. Commencement of Work. In the event that the RECIPIENT fails to conunence work on
the project funded herein within four months after the effective date of this agreement, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this agreement.
B. DEPARTMENT Funding Reco nib tion. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project as appropriate.
Page 5 of 8
Kent Local Government Stormwater Grant
City of Kent
Grant No. G0800261
Examples include project signs and/or acknowledgement in published materials and
reports, the news media, or other public announcements. Projects addressing site-specific
locations must utilize appropriately sized and weather-resistant signs.
C. Equipment Purchase. The purchase of equipment may be eligible under this project. If L
the RECIPIENT determines that equipment is needed to achieve the project outcomes, a
request must be made to the DEPARTMENT. All equipment purchases must have prior
approval by the DEPARTMENT.
D. Indirect Rate. To acknowledge overhead costs,the RECIPIENT may charge an indirect
rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs
incurred while conducting project related work,provided that prior to signature of this
agreement, the DEPARTMENT's Project/Financial Manager may require a list of items
included in the indirect rate during negotiations or thereafter. Items that are generally
included in an indirect rate are identified in Administrative Requirements for Recipients
of Ecology Grants and Loans.
E. Meetings/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this project. The total amount spent for light
refreshments under this agreement cannot exceed$300.
F. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and
recruit,to the maximum extent possible, certified minority-owned(MBE) and women-
owned(WBE) businesses in purchases and contracts initiated after the effective date of
this agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the
RECIPIENT agrees to utilize the DEPARTMENT's goals for minority- and women-
owned business participation in all bid packages, request for proposals, and purchase
orders. These goals are expressed as a percentage of the total dollars available for the
purchase or contract and are as follows:
Construction/Public Works 10% MBE 6% WBE
Architecture/Engineering 10%MBE 6% WBE
Purchased Goods 8%MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10%MBE 4% WBF.
Meeting these goals is voluntary and no contract award or rejection will be made based
on achievement or non-achievement of the goals. Achievement of the goals is
encouraged, however, and the RECIPIENT and ALL prospective bidders or persons
submitting qualifications shall take the following affinuative steps in any procurement
initiated after the effective date of this Agreement:
Page 6 of 8
Kent Local Government Stormwater Grant
City of Kent
Grant No. G0800261
I. Include qualified minority and wonmen's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever
they are potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
4. Establish delivery schedules, where work requirements pen-nit, which will
encourage participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE) and the Office of Minority Business Enterprises
of the U.S. Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above steps were, or will
be, followed. Any contractor engaged by the RECIPIENT under this agreement will be
required to follow the above five affirmative steps in the award of any subcontract(s).
_ The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
The report will address:
1. Name and state OMWBE certification number of any qualified firm receiving
funds under the voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
G. Progress Reports. The RECIPIENT shall submit quarterly Progress Reports to the
DEPARTMENT's Project/Financial Manager. Payment requests will not be processed
without a Progress Report.
Reporting Periods.
• January I through March 31
1 • April 1 through June 30
• July I through September 30
• October I through December 31
Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the
quarter.
Report Content. At a minimum, all Progress Reports must contain a comparison of
actual accomplishments to the objectives established for the period, the reasons for delay
if established objectives were not met, analysis and explanation of any cost overruns, and
any additional pertinent information specified in this agreement.
Page 7 of 9
Kent Local Government Stormwater Grant
City of Kent
Grant No. G0800261
PART VII. ALL WRITINGS CONTAINED HEREIN
This agreement,the appended GENERAL TERMS AND CONDITIONS,the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
("Yellow Book"), and the Local Government Stornm ester Grants Program FY 2008 contain the
entire understanding between the parties, and there are no other understandings or representations
other than as set forth or incorporated by reference, herein. No subsequent modification(s) or
arnendment(s) of this agreement shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement,
EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may
redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective
staff contacts without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON CITY OF KENT
DEPARTMENT OF ECOLOGY
DAVID C. PEELER DATE LARRY BLANCHARD DATE
WATER QUALITY PROGRAM MANAGER PUBLIC WORKS DIRECTOR
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised 7/9/07)
Page 8 of 8
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENTS employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement,the state of Washington is named as an express third-party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES(BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded,for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
- 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction,the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide assurance to
the DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination.The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the
DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety.The RECIPIENT agrees to comply with all applicable laws,
regulations,and policies of the United States and the State of Washington which affect wages and job
safety-
4 Industrial Insurance.The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws,the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein-
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,
receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or
object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
1
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State of Washington for a period of at least three years
after the final grant paymentlloan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state,federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments&Non Profit Organizations), including the compliance Supplement to OMB Circular A-1 33,
if the RECIPIENT expends$500,000 or more in a year in Federal funds. The$500,000 threshold for
each year is a cumulative total of all federal funding from all sources_ The RECIPIENT must forward a
copy of the audit along with the RECIPIENTS response and the final corrective action plan to the
DEPARTMENT within ninety(90)days of the date of the audit report.
1. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions_ The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31,April 1 through June 30,
July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty
(30)days following the end of the quarter being reported-
J. COMPENSATION
1. Method of compensation_ Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for payment will
be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses. Payments shall be made for each task/phase of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by
major elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in"Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests
are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project
Officer assigned to administer this agreement_
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration
date of this agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s)for Payment.The RECIPIENT should submit final requests for
compensation within forty-five(45)days after the expiration date of this agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4, Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent(10%)of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)described herein, or a
portion thereof, have been completed if, in the DEPARTMENT's sole discretion,such payment is
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reasonable and approved according to this agreement and as appropriate, upon completion of an audit
as specified under section 1.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s)charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT_
6. Mileage and Per Diem_ If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided
for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT,to perform any obligation required
of it by this agreement,the DEPARTMENT may refuse to pay any further funds thereunder and/or
terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps,models, photographs, and reports or other materials prepared by the RECIPIENT under
this agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above,the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of
any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be
good cause to terminate this agreement as provided in paragraph KA above_
When this agreement crosses the RECIPIENTs fiscal year,the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENTs governing body; Provided, however,that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section O herein_
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work,the DEPARTMENT reserves the right to
terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property,the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover
or otherwise use the material(s)or property and to authorize others to use the same for federal, state or
local government purposes_
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.
200-212.
2_ Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports,signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENTs current edition of"Administrative
Requirements for Ecology Grants and Loans",Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state,federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or
damaged while in the RECIPIENTs possession,the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement,the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable-
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies,Torrens certificates, or abstracts, and attorney's opinions establishing that
the land is free from any impediment, lien,or claim which would impair the uses contemplated by this
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include use
of clean energy, and purchase and use of sustainably produced products(e.g_ recycled paper)_ For more
information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails,for any reason,to perform obligations
required of it by this agreement,the RECIPIENT may,at the DEPARTMENTs sole discretion, be required
to repay to the DEPARTMENT all grant loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
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Interest shall accrue at the rate of twelve 12%percent year from the time the
P � ) Per Y
DEPARTMENT demands repayment of funds_ If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K2 above,the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENTS property
and the RECIPIENTS liability to repay monies shall be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer
or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is
a dispute with regard to the extent and character of the work to be done,the determination of the Project
Officer or other designated official as to the extent and character of the work to be done shall govern.
The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless,within thirty days from
the date of receipt of such statement,the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause,the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal_ The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder,the RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member,agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his/her personal interest or the interest of any corporation, partnership or
association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof-
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees,and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit,each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
' If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision,and to this end the provisions of this agreement are declared to
be severable-
5
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein,the
inconsistency shall be resolved by giving precedence in the following order: (a)applicable Federal and
State statutes and regulations; (b)Scope of Work; (c)Special Terms and Conditions; (d)Any terms
incorporated herein by reference including the"Administrative Requirements for Ecology Grants and
Loans'; and (e)the General Terms and Conditions.
SS-010 Rev. 04104
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REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
1
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
MINUTES
DECEMBER 10, 2007
Committee Members: Chair Ron Harmon and Tim Clark present, Elizabeth Albertson
absent. Chair Harmon called the meeting to order at 5:00 p.m.
Approval of Minutes:
Clark MOVED and Harmon SECONDED a MOTION to approve the minutes of November 19,
2007. Motion PASSED 3-0 with Albertson's concurrence.
Neighborhood Councils Recognition
Neighborhood Program Coordinator Toni Azzola introduced the Seven Oaks East and Scenic Hill
Neighborhoods. She stated that these neighborhoods have completed the process to be
recognized as neighborhood councils.
Ms. Azzola stated that the Seven Oaks East neighborhood consists of approximately 95 housing
units, and is roughly bounded to the north by SE 260t" Place; to the east by SE 2615t Court, SE
262 d Court, and 122nd Court SE; to the south by SE Kent-Kingly Road; and to the west by 120t"
Avenue SE.
Ms. Azzola stated that the Scenic Hill neighborhood includes Scenic Hill Park and Scenic Hill
Elementary. Mr. Clark asked Ms. Azzola about the South Scenic Hill neighborhoods interest in
including the park and the elementary school in their boundaries. Ms. Azzola stated that she
didn't know why both neighborhoods couldn't include these areas within their boundaries to use
as a common area. She could foresee both neighborhoods working together in the future. Ms.
Azzola stated that the Scenic Hill neighborhood consists of approximately 717 housing units;
and is roughly bounded to the north by East Smith Street; to the east by Mill Creek Park; to the
south by Scenic Hill Elementary and Hillcrest Cemetery; and to the west by Central Avenue
South with the boundaries expanded to encompass the Mill Creek Park and Hillcrest Cemetery.
After deliberations, Clark MOVED to recommend Council adopt the proposed resolution which
recognizes Seven Oaks East and Scenic Hill Neighborhood Councils, supports its community
building efforts, and confers all opportunities offered by the City's Neighborhood Program.
Harmon SECONDED the MOTION. Motion PASSED 3-0 with Albertson's concurrence.
Kent's Development Trends
Chair Harmon congratulated Community Development Director Fred Satterstrom on his 25 years
with the City. In response to questions, Satterstrom stated that at the time he was hired in
1982, Kent's population was 22,000 with the preponderance of development mainly in
industrial. He stated that the nature of development has shifted towards residential and
commercial development with mixed use, as well as commercial redevelopment. Satterstrom
stated that the city is contemplating a mixed use development within Kent Station and stated
that the development of the Event Center will be an investment in Kent's downtown retail core.
Satterstrom stated that the diversification of Kent's population has changed over the years. He
stated that in 1982, 12% of the population was non-caucasian and at present 30% of the
population is non-caucasian. He stated that Kent's population is comprised of Spanish, Asian,
Afro-American and several other ethnic groups.
PEDC Minutes
December 10, 2007
Page 1 of 2
2
Satterstrom stated that for a number of years West Hill held the highest median for property
values and income levels. He stated that increased populations on East Hill with high median
incomes have shifted the demographics. He stated that 25,000 people live in the Panther Lake
Potential Annexation Area, acknowledging the challenges Council is facing concerning fiscal
issues for this area.
Satterstrom spoke about roadway improvements, and development occurring along Pacific
Highway. He stated that the Midway and Kent Highlands Land fills have been closed since 1985
and capped to prevent contamination to the surrounding areas. He stated that these landfills
must remain closed for 30 years, and thereafter they can be developed. He stated that soccer
stadiums would be allowed on these sites.
Satterstrom stated that he perceives a future trend where Council will need to consider
provisions to provide for alternative forms of transportation, as fuel costs continue to increase.
He stated that he believes that global warming will create the need to be environmentally
sensitive. He stated that the City is changing from a suburban to an urban environment; and as
a result of the implementation of electronic mail, staff has been able to reach out to more
people with respect to the City's development activity.
Satterstrom spoke about sustainable growth, stating that staff has attended seminars on "Green
Building"and that builders have been incorporating "going green"in their development plans.
Satterstrom stated that staff will be prepared to present a report on truck parking in residential
districts at the January 14, 2008 Planning & Economic Development Committee meeting.
Adjournment
Chair Harmon adjourned the meeting at 5:45 p.m.
Pamela Mottram
Admin Secretary, Planning Services
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PEDC-Minutes
December 10, 2007
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KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
November 13, 2007
iCOMMITTEE MEMBERS: Ron Harmon, Bob O'Brien, and Les Thomas, Chair
• The meeting was called to order by Chair Les Thomas at 5:08 PM.
• Bob O'Brien's absence was excused and Debbie Raplee attended in his place.
1. Aonroval of Minutes
Debbie Raplee moved to approve the minutes of the October 9, 2007
meeting.
The motion was seconded by Ron Harmon and passed 3-0.
2. Purchase of Auuaratus Hoists - AUTHORIZE
Fire Chief Jim Schneider reviewed the equipment purchase.
Ron Harmon moved to recommend authorizing the Fire Department
to purchase 4 mobile apparatus hoists for a total cost not to exceed
$34,000.
The motion was seconded by Debbie Raplee and passed 3-0.
3. Bureau of Justice Assistance grant - AUTHORIZE
Police Chief Steve Strachan explained the purpose of the grant application.
Debbie Raplee moved to authorize the Kent police Department to
apply for the FY2008 Bureau of Justice Assistance Bulletproof Vest
(BVP) grant.
The motion was seconded by Ron Harmon and passed 3-0.
4. Amendment No. 5, New Connections of South King County Consultant
Services Agreement - AUTHORIZE
Chief Strachan introduced Research and Development Analyst Debra LeRoy
who explained the Amendment extends the Agreement to 12/31/08.
Ron Harmon moved to recommend placing this Amendment between
the City of Kent and New Connections of South King County on the
Consent Calendar of the November 20, 2007 Council Meeting, and
authorizing the Mayor to sign the Amendment.
The motion was seconded by Debbie Raplee and passed 3-0.
S. Ordinance Revising Parking Prohibition - ADOPT
Chief Strachan explained the purpose for the revision.
Debbie Raplee moved to recommend Council adopt the proposed
ordinance which amends section 9.38.020 of the Kent City Code to
revise the parking prohibition to a portion of 271h Place South.
The motion was seconded by Ron Harmon and passed 3-0.
6. King County Housing Authority Contract for Services Change Order -
AUTHORIZE and AMEND BUDGET
Chief Strachan explained the Change Order would extend the original
contract to 9/30/2008.
Ron Harmon moved to recommend placing the Change Order
between the King County Housing Authority and the Kent Police
Department, subject to approval by the Law Department, on the
Consent Calendar of the November 20, 2007 Council Meeting,
authorize the Mayor to sign the document and amend the budget.
The motion was seconded by Debbie Raplee and passed 3-0.
7. FY2008 Department of Justice Continuation Funding application -
AUTHORIZE
Chief Strachan and Debra LeRoy reviewed the grant application for the Weed
and Seed Program continuation.
Debbie Raplee moved to authorize the Kent Police Department to
apply for the FY2008 Department of Justice Weed and Seed Program
Continuation funding.
The motion was seconded by Ron Harmon and passed 3-0.
8. Youth Service America grant award and MOU - ACCEPT and
AUTHORIZE
Chief Strachan and Debra LeRoy explained the proposed use of grant funds.
Ron Harmon moved to recommend that Council accept the grant from
Youth Service America in the amount of $2,000.
The motion was seconded by Debbie Raplee and passed 3-0.
9. Second Amendment to Corrections Facility Medical Agreement -
AUTHORIZE
Chief Strachan explained the Amendment would extend the Agreement to
12/31/10.
Debbie Raplee moved to recommend that Council place this on the
Consent Calendar of the November 20, 2007 Council Meeting,
approve the Second Amendment to Corrections Facility Medical
Services Agreement between the City of Kent and Valley Medical
Center Occupational Health Services (OHS), and authorize the Mayor
to sign.
The motion was seconded by Ron Harmon and passed 3-0.
R. Harmon asked if this subject matter was on the State's upcoming
legislative agenda. Chief Strachan indicated that lobbyist Doug Levy has
indicated that medical expenses for inmates with mental health issues will be
discussed.
10. Washington Traffic Safety Commission MOU - AUTHORIZE
Chief Strachan explained the MOU provides reimbursement for officer
overtime for Drug Recognition Experts.
Ron Harmon moved to recommend that Council place the
Memorandum of Understanding between the Kent Police Department
and the Washington Traffic Safety Commission on the Consent
Calendar and authorize the Chief of Police to sign the MOU.
The motion was seconded by Debbie Raplee and passed 3-0.
Public Safety Committee Minutes 2
November 13, 2007
11. Amendment No. 2 Department of Corrections Contract - AUTHORIZE
Chief Strachan explained the contract provides a Department of Corrections
Community Corrections Officer with a work area at Kent Police Department.
Debbie Raplee moved to recommend that Council place this on the
Consent Calendar of the November 20, 2007 Council Meeting,
approve Amendment No.2 to the contract between the Department of
Corrections and the City of Kent and authorize the Chief of Police to
sign the Amendment.
The motion was seconded by Ron Harmon and passed 3-0.
12. State and Local High Intensity Drug Trafficking Areas (HIDTA) Task
Force Agreement - AUTHORIZE
Chief Strachan explained the purpose of the Agreement.
Ron Harmon moved to recommend that Council place the HIDTA Task
Force Agreement on the Consent Calendar of the November 20, 2007
Council Meeting and authorize the Chief of Police to sign the
Agreement.
The motion was seconded by Debbie Raplee and passed 3-0.
The meeting adjourned at 5:58 PM.
Jo Thompson
Public Safety Committee Secretary
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Public Safety Committee Minutes 3
' November 13, 2007
1
PUBLIC WORKS COMMITTEE MINUTES
DATED DECEMBER 3, 2007
' Committee Members Present: Committee Chair Debbie Raplee and Committee Member
Ron Harmon and Tim Clark were present. The meeting was called to order at 5:04 p.m.
' ADDED ITEMS:
To be heard and discussed at another meeting - Highway 99 & Kent-Des Moines Signal
Power Outage Plan. This signal does not have a battery back-up system like the 5 signals
that are under our jurisdiction on Highway 99. Kent staff will work with Des Moines staff to
see what can be done and bring this item back at a future meeting.
ITEM 1 - Approval of Minutes Dated November 19, 2007:
Committee Member Clark moved to approve the minutes of November 19, 2007.
The motion was seconded by Harmon and passes 3-0.
' ITEM 2 - Pasko Tract X Easement Release:
Tim LaPorte, Deputy Public Works Director summarized that this is a pending application for
' the Pasko Office building, which requires the applicant to obtain the release of this
easement for ingress, egress, and future on demand dedication to King County as a county
road. The property is located at the corner of Kent Kangley Road and 272"d & 132"d North
of Walgreens. The City inherited Tract X from King County. The property is in the process
' of being developed into an office building.
Clark moved to recommend Council authorize the Mayor to request Public Works
' staff, to record release of the Pasko easement. The motion was seconded by
Harmon and passed 3-0.
' ITEM 3 - Vehicle and Equipment Surplus:
Ron Green, Fleet Superintendent summarized that the listed vehicles/equipment comply
with current replacement policy guidelines and have been replaced. The equipment will be
sold at auction or smaller cities and agencies as needed.
Harmon moved to recommend Council authorize staff to appropriately dispose of
surplus vehicles and equipment as described in this memorandum and listed. The
' motion was seconded by Clark and passed 3-0.
ITEM 4 - Consultant Services Agreements for Comprehensive Water System Plan:
Mark Howlett, Design Engineering Manager explained that the Kent Water Comprehensive
Plan commonly referred to as the Water System Plan (WSP) must be revised and submitted
to the Washington Department of Health (DOH) for approval in 2008. The City has
traditionally hired consultants in those disciplines that the City does not have expertise in-
house. The disciplines may include water comprehensive planning, hydraulic modeling,
environmental engineering, utility systems financial analysis and others as required to
complete the project. He further explained Kent City Code 3.70.050.
In summary, the City is in the design stage of the WSP. The City will utilize an array of
consultants and services, and in order to complete the project within the projected
timeframe, it is prudent to streamline the contract authorization process. Committee
members asked if they will see the Water Systems Plan before it is brought back for
adoption in 2008. Blanchard stated they would.
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PUBLIC WORKS COMMITTEE MINUTES
DATED DECEMBER 3, 2007
Clark moved to recommend Council delegate the authority to the Mayor to sign any ,
necessary consultant agreements related to the Kent Comprehensive Water
System Plan that are $100,000 or less, subject to the City's procurement policies ,
and approved project budget, and upon concurrence of the language therein by
the City Attorney and Public Works Director. The motion was seconded by
Harmon and passed 3-0. ,
ITEM 5 — Pacific Highway South — Agreement with King County Metro Transit:
Tim LaPorte, Deputy Public Works Director, summarized that in order to complete the
reimbursement by Metro, the City and Metro need to re-authorize the agreement. No
substantive terms or conditions of the original agreement have been modified, except the
time for performance. The project will provide bus shelters.
Harmon moved to authorize the Mayor to sign an agreement with King County '
Metro Transit for bus shelter improvements, new bus shelters and general street
and pedestrian improvement associated with the City's Pacific Highway South HOV ,
Lanes Project. The motion was seconded by Clark and passed 3-0.
ITEM 6 —Information Only/Transportation Master Plan: ,
Cathy Mooney, Senior Transportation Planner introduced Don Samdahl, who gave an
informative PowerPoint presentation explaining the Transportation Impact Fees. The full
Transportation Master Plan will be brought back to the full council in January. It will be '
presented as a draft to Public Works Committee members in January. Committee members
asked a number of questions that they would like Cathy to bring back at the next Public
Works Committee meeting. ,
Information Only No Motion Required
ITEM 7 - Information Only/3rd Quarter Report:
Larry Blanchard, Public Works Director, asked committee members to read through the 3rd
Quarter report, and asked that they get back to him if they had any questions or comments.
Information Only No Motion Required
Executive Session: An executive session was held regarding property acquisition and the
potential for a condemnation ordinance. This issue will be brought back to Committee @ the
next regularly scheduled meeting.
Adiourned:
The meeting was adjourned at 6:25 p.m.
Reminder: The meeting scheduled for December 17, 2007, has been cancelled.
Next Scheduled Meeting:
Monday, January 7, 2008 at 5:00 p.m.
Cheryl Viseth '
Public Works Committee Secretary
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