HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 05/06/2013 (3) I
Public Works Committee Agenda
Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair
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KENT WAsI,I May 6, 2013
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4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of Minutes Dated April 15, 2013 YES None 03 03
2. Information Only/Water Festival - Update NO Gina Hungerford 05 09
3. Waiver Pre-Approval on State Contract YES Ron Green 05 11
4. Information Only/Street Vegetation - Update NO Scott Schroeder 10 13
/Bill Thomas
5. Consultant Services Agreement/Noel, Inc. for YES Toby Hallock 05 15
Engineering Services/ Green River Flood
Protection, Emergency Flood Response &
Ecosystem Restoration Projects
6. Briscoe/Desimone Levee - Interlocal YES Ken Langholz 10 21
Agreement with King County Flood Control
District for Levee Construction, Operation and
Maintenance
7. SE 2561h St. Project Status YES Tim LaPorte 15 51
8. SE 2561h St Improvements - Puget Sound YES Mark Madfai 05 53
Energy Project Construction Agreement
9. SE 2561h St Improvements - Joint Utility YES Mark Madfai 05 75
Trench Agreement with Comcast
10. SE 2561h St Improvements - Joint Utility YES Mark Madfai 05 87
Trench Agreement with CenturyLink
Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each
month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Public Works Administration (253) 856-5500.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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PUBLIC WORKS COMMITTEE 3
April 15, 2013
COMMITTEE MEMBERS PRESENT:
Committee Chair Elizabeth Albertson and Committee members Dana Ralph and
Dennis Higgins were present. The meeting was called to order at 4:05 p.m.
Item 1 — Approval of Meeting Minutes Dated April 1, 2013:
Committee member Higgins MOVED to approve the minutes of April 1,
2013. The motion was SECONDED by Council member Ralph and PASSED
3-0.
Item 2 — Accept Grant for Traffic Signal Agreement — Panther Lake:
Transportation Engineering Manager, Steve Mullen stated the city was successful in
receiving a $341,957 Grant from the Washington State Department of
Transportation. The project will include the extension of communication cable to
the traffic signals in the Panther Lake annexation. Once installed, we will be able to
monitor and manage traffic signals in this area from the city's master signal
controller. This will ultimately allow for replacement of the existing traffic signal
controllers at key intersections and provide the capability to display flashing yellow
arrows (FYA) for permissive left turn movements. This project continues the
phased replacement of the existing traffic signal control system through state
grant funds. Mullen stated that this is a no local match grant and that we plan on
advertising by October 2013.
Committee member Ralph MOVED to recommend Council authorize the
Mayor to execute an agreement with the Washington State Department of
Transportation to accept a grant in the amount of $341,957.55 for the
Panther Lake Signal System Integration. The motion was SECONDED by
committee member Higgins and PASSED 3-0.
Item 3 9 — Revised Ordinance for No Parking Zone:
Transportation Engineering Manager, Steve Mullen briefly went over the request
that was brought to committee two weeks prior. Mullen noted that removing a "No
Parking" prohibition requires an amendment to Kent City Code 9.38.020. The
ordinance would be amended to allow parking on S. 1881h Street from 80th Ave. S
to a point approximately 960 feet westerly and, on S. 190th Street from 80th Ave.
South to the BNSF Railroad. The request for this ordinance change came from
Carlisle Interconnect Technologies, a designer and manufacturer of high-
performance wire and cable. The company moved from Tukwila to Kent in
September 2012 and currently employs 830 with expectations to grow by and
additional 40-60 employees in the coming year. They would like to utilize the
streets adjacent to their building to park cars.
Parking of commercial vehicles exceeding 8,000 pounds gross vehicle weight will
continue to be prohibited.
PUBLIC WORKS COMMITTEE 4
April 15, 2013
After the motion was ready Committee members requested that this item be
brought to the next Council meeting under Other Business. Albertson noted the
letter written by the Regional Fire Authority stating it was okay to park along that
road as long as the cul-de-sac isn't used for parking.
Committee member Higgins MOVED to recommend Council adopt an
ordinance amending Kent City Code, to remove the parking prohibition on:
S. 188th Street from 80th Avenue to a point approximately 960 feet
westerly, and, 190th Street from 80th Avenue South to west end of street
at BNSF Railway Company tracks. The motion was SECONDED by Ralph
and PASSED 3-0.
ITEM 4 3 — Waiver of Bidding and Signature Procurement Code
Requirements•
Public Works Director, Tim LaPorte briefed the committee regarding the city's
practice to expedite purchase of services, materials, and supplies to repair
equipment and put it back in service as quickly as possible. This agreement will
allow staff to purchase equipment such as police cars, mowers, construction
equipment, Vactor trucks and aerial "bucket" trucks.
When equipment is damaged or needs special maintenance, it becomes
unavailable, sometimes delaying scheduled tasks or leaving staff unable to
accomplish tasks as efficiently. As a result, we maintain or repair this equipment
as quickly as possible to get the equipment back in service.
The city's code does not provide an exception to procurement requirements for
these situations, and the purpose of this motion is to authorize this limited
exception to the city's procurement code.
Public Works staff will continue to report regularly to the Mayor regarding
expenditures that exceed $10,000, and will report back to the Public Works
committee regarding expenditures that exceed $25,000. This reporting
requirement allows the Mayor and council to monitor these expenditures.
Committee members asked that this item be brought back on to them on May 6.
Higgins asked what our current ordinance is and what the current process looks
like. Staff stated they will have answers for them at the May 6 meeting.
Item 8 4 — Interlocal Agreement with King County/Clean Bioswales &
Stormwater Ponds:
Todd Hunsdorfer noted that the city's National Pollutant Discharge Elimination
System (NPDES) Phase II Permit (NPDES Permit) and federal Clean Water Act
require that we maintain our stormwater ponds and bioswales.
We are proposing to partner with King County to complete the maintenance of 21
bioswales and 4 stormwater ponds citywide. King County crews have experience
PUBLIC WORKS COMMITTEE 5
April 15, 2013
with this type of maintenance work and can do the work efficiently and cost
effectively. Hunsdorfer showed several slides depicting the work that was done by
King County, last year - over 100 ponds were cleaned in the past two years.
The City has an existing Interlocal agreement with King County that allows the
County to perform work at the City's request, based on County availability. The
agreement was executed in 1997 to take advantage of King County's maintenance
and operations resources for this "specialty work".
The cost to use King County crews for this work is not to exceed $460,000. King
County has a site where they bring the sediment, which is a significant cost
savings to Kent, around $260,000.
Committee member Higgins MOVED to recommend Council authorize the
Mayor to sign an Amendment to the City's Interlocal Agreement with King
County to perform maintenance on the City's Stormwater Ponds and
bioswales, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director. The motion was SECONDED by
committee member Ralph and PASSED 3-0.
Item Cr 5- Contract/Tetra Tech - 2013 Lake Monitoring:
Kelly Peterson, noted that the City has enacted measures to improve water quality
at Lake Meridian and Lake Fenwick including; educating residents about ways to
reduce polluted runoff (e.g. natural yard care and car washing); and in the case of
Lake Fenwick, installing an in-lake aeration system and introducing weed-eating
fish (Grass Carp) to reduce non-native aquatic plants. More improvements are
proposed in the near future including increasing the capabilities of the aeration
system and treating Lake Fenwick with non-toxic, algae- inhibiting chemicals.
This contract will assist staff by providing the expert help and specialized
equipment and testing necessary to assess lake conditions. Information will be
used to quantify improvements to water quality and ensure safe conditions for
swimming and fishing.
Committee member Ralph MOVED to recommend Council authorize the
Mayor to sign a consultant services agreement with Tetra Tech, Inc. in an
amount not to exceed $24,053.80 to monitor and analyze surface water
quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian
during 2013, subject to terms and final conditions acceptable to the City
Attorney and the Public Works Director. The motion was SECONDED by
Higgins and PASSED 3-0.
Item -7-6 - SR-516 to S 231't Way Levee/Lakes Levee- Real Estate
Negotiator Contract:
PUBLIC WORKS COMMITTEE 6
April 15, 2013
Environmental Engineer, Beth Tan noted the levee design along the SR 516 to S.
231't Way Levee adjacent to the Lakes Community requires additional property in
order to construct needed repairs. The acquisition will not purchase any
condominium units, but will impact some common area property as the secondary
levee improvements will be constructed closer to the Lakes Community. The levee
adjacent to Marina Pointe and River Place will not need additional right of way, but
will need an easement for levee maintenance inspection. The easement will be
located on the Lakes property.
The consultant services agreement with Universal Field Services Inc. is to provide
negotiation services to secure properties and necessary easements to construct
the certified levees along the Lakes Community.
Tan noted that the location is from the north end of Riverbend Golf Course to S
231't Way, near Neely Somes Homestead.
Committee member Higgins MOVED to recommend Council authorize the
Mayor to sign the Universal Field Services Inc. Contract Agreement for
Real Estate negotiation services on the State Route 516 to S. 231st Way
Levee Project in an amount not to exceed $28,000 subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
The motion was SECONDED by committee member Ralph the motion
PASSED
3-0.
Item 8-7 — Information Only/Briscoe-Desimone Levee-Inter local
Agreement with the King County Flood Control Zone District and the City
of Tukwila:
Environmental Engineering Manager, Mike Mactutis
Public Works Director, Tim LaPorte and Environmental Engineering Manager, Mike
Mactutis briefed the committee on the latest discussions they have had with both
the King County Flood Control District staff and the City of Tukwila staff. The
proposed construction schedule will also be discussed. No action is required at this
time.
Information Only/No Motion Required
Item 9 10 — Consultant Agreement/Landscape Services-Boeing, Briscoe-
Desimone Levees:
Public Works Director, Tim LaPorte noted that the King County Flood Control
District has authorized construction of the flood walls to meet FEMA levee
accreditation standards throughout the Briscoe-Desimone levees. In order to
balance the needs of the river habitat and recreation the city will plant the existing
river banks with native trees and shrubs that provide shade and allow for views of
the river.
PUBLIC WORKS COMMITTEE 7
April 15, 2013
Design Engineering Supervisor, Ken Langholz noted that staff looked at the
Statement of Qualifications and from that selected Otak to do the work due to their
qualifications. Langholz stated that although the planting plan has been developed
by city staff; we would like to retain the services of a landscape architect to review
the design and provide comments on possible improvements. This is a major
project, and getting the plantings right the first time will be important to its long-
term success.
Council member Ralph MOVED to recommend Council authorize the Mayor
to sign a consultant services contract with Otak for work on the Briscoe-
Desimone Levee Improvements Project in an amount not to exceed
$25,000, subject to final terms and conditions acceptable to the City
Attorney and Public Works Department. The motion was SECONDED by
Higgins committee member Higgins and PASSED 3-0.
This item will be taken to Council on April 16, and will be heard under
"Other Business" on the agenda.
Original Agenda Items 10, 11, 12 and 13 where pulled at the beginning of the
meeting and will be heard at a later date.
Item 10 — SE 256th Street Proiect Status:
Pulled from the Agenda.
Item 11 — SE 256th Street Agreement w/Puget Sound Energv for Utility
Undergrounding:
Pulled from the Agenda.
Item 12 — SE 256th Street Agreement w/Comcast for Utility
Undergrounding:
Pulled from the Agenda.
Item 13 — SE 256th Street Agreement w/Century Link for Utility
Undergrounding:
Pulled from the Agenda.
The meeting was adjourned at 4:59 p.m.
Cheryl Viseth
Council Committee Recorder
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 22, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Gina Hungerford, Conservation Specialist
Through: Kelly Peterson, Environmental Conservation Supervisor
Chad Bieren, P.E., City Engineer
Subject: Information Only/2013 Water Festival
Motion:
Information Only/No Motion Required
Summary:
The 14th Annual 2013 Water Festival took place at Green River Community College
on March 26 & 27, 2013, with approximately 1,600 fourth and fifth grade students
participating along with their teachers and chaperones. As usual, the 34 presenters
tasked with teaching the students over the two-day event were fabulous. Students
learned about a whole range of environmental topics including watersheds and the
importance of protecting water quality, wildlife and salmon habitat, recycling, and
more.
A number of learning sessions were filmed by Edgar Riebe, the city's Video Program
Coordinator. The video is anticipated to be on KentTV21 sometime this month. In
addition to giving our viewing audience a taste of what students experienced at this
educational event, it will be a helpful tool when inviting local schools to participate at
next year's Festival and in recruiting additional presenters.
Budget Impact:
Costs for the Water Festival are paid for through the Water Utility. The Festival helps
to fulfill public education requirements of the Clark Springs Habitat Conservation
Plan (HCP).
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PUBLIC WORKS DEPARTMENT
400 Tim LaPorte, Public Works Director
Phone: 253-856-5515
N.147KENT Address: 220 Fourth Avenue S.
WAS N, NG-oN Kent, WA. 98032-5895
Date: April 4, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Ron Green, Fleet Superintendent
Through: Chad Bieren, P.E., City Engineer
Subject: Waiver of Bidding and Signature Procurement Code
Requirements
MOTION: Move to recommend authorizing the Public Works Director to
purchase materials, supplies, goods, services, and repairs as needed
when necessary to rapidly put city equipment back into service, and on
the same basis, to waive bidding and signature procurement code
requirements, so long as the expenditures are within established budgets,
and to direct that regular reports of these expenditures be provided to the
Mayor and the Public Works Committee.
SUMMARY:
It has been the city's practice to expedite purchase of services, materials, and
supplies to repair equipment and put it back in service as quickly as possible.
Examples of the equipment that would be covered by this motion include police
cars, mowers, construction equipment, Vactor trucks and aerial "bucket" trucks.
When equipment is damaged or needs special maintenance, it becomes unavailable,
sometimes delaying scheduled tasks or leaving staff unable to accomplish tasks as
efficiently. As a result, we maintain or repair this equipment as quickly as possible
to get the equipment back in service.
The city's code does not provide an exception to procurement requirements for
these situations, and the purpose of this motion is to authorize this limited
exception to the city's procurement code.
City Public Works staff will report to the Mayor regarding expenditures that exceed
$10,000, and staff will report to the public works committee regarding expenditures
that exceed $25,000. If estimated costs to repair a piece of equipment exceed
$50,000 staff would approach the Committee for approval before moving forward.
This reporting requirement will allow the Mayor and council to monitor these
expenditures to avoid abuses.
BUDGET IMPACT: None - All purchases are within the established budget.
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 17, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Bill Thomas, Street Superintendent
Through: Chad Bieren, P.E., City Engineer
Subject: Update on the 2013 Street Vegetation — Update
Information Only/No Motion Required
Summary:
We will present information on our annual Street Vegetation Work Plan. We will give
an update of the current progress and some of the challenges encountered this past
year.
Budget Impact:
None
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PUBLIC WORKS DEPARTMENT
Timothy J LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 25, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Toby Hallock, Environmental Engineer
Through: Chad Bieren, P.E., City Engineer
Subject: Consultant Services Contract with Noel, Inc. for Engineering
Services/Green River Flood Protection, Emergency Flood
Response & Ecosystem Restoration Projects
Motion:
Move to recommend Council authorize the Mayor to sign a Consultant
Services Contract with Noel, Inc. for Engineering Services related to Green
River Flood Protection, Ecosystem Restoration Projects and Emergency
Flood Response in the amount of $22,100 subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
Summary:
The City of Kent is working on a number of projects along the Green River which
involve flood protection and ecosystem restoration. The flood protection projects
include levee repair and other improvements along the Green River. Ecosystem
restoration projects include projects along the Russell Road Levee, Boeing Levee,
and the Leber Homestead and Downey Farmstead Projects.
Flood protection and habitat restoration projects along the Green River require close
coordination with federal agencies, including the US Army Corps of Engineers
(Corps). To navigate the Corps' process, guidance and experience from former
Corps staff is invaluable to the City of Kent.
The Consultant Contract with Noel, Inc for Engineering and Environmental Services
will provide this service. With over 35 years of service with the Army Corps of
Engineers, Noel Gilbrough will provide the City guidance and consultation on the
Corps' processes for flood protection and ecosystem restoration projects. In
addition, Mr. Gilbrough has significant first-hand experience with flood fights and
could provide this service if necessary during a flood event.
Budget Impact:
Funds for this contract have been budgeted through the drainage utility.
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EXHIBIT A
SCOPE OF WORK FOR PROFESSIONAL ENGINEERING AND ENVIRONMENTAL SERVICES
FLOOD CONTROL PROJECTS
• Assist the City in all actions leading up to Full FEMA Certification of the City's Levees
• Assist the City in the development of Levee Vegetation Variances
• Provide river levee consultation to city staff on the city's Green River Levee projects
including: Horseshoe Bend, Milwaukee #2, Hawley Road, Russell Road, Boeing, and
Briscoe/Desi mo ne.
• Engage in meetings and conference calls to help resolve planning and design issues
• Provide guidance on Corps contacts and processes relating to levee designs and
permitting
• Work with City on issues dealing with repair or modification of the Howard Hanson Dam
• Prepare follow-up correspondence which documents recommendations and findings
EMERGENCY FLOOD FIGHT
• Provide consultation to city staff to discuss the city's planning and response to
emergency flood fighting for the Green River. This work includes consultation for:
o During flood events work as a technical advisor to the City and assist with its
coordination with King County and Corps of Engineers
o Flood containment and protection for levees, and
o Repair and reconstruction of damaged levees
• Provide guidance on Corps contacts for services relating to flood fights
• Provide guidance on Corps contacts and federal processes relating to funding
• Prepare follow-up correspondence which documents recommendation and findings
ECOSYSTEM RESTORATION PROJECTS
• Provide river and levee restoration consultation to city staff on the city's USACE Green-
Duwamish River Ecosystem Restoration Projects. These restoration projects include:
o Lake Meridian Outlet
o Riverview Park Channel,
o Russell Road Upper Levee
o Russell Road Lower Levee
o Russell Road Lowest Levee
o Boeing Levee
• Provide river and levee restoration consultation on the city's Green River restoration
projects including:
o Downey Farmstead Channel
o Leber/Mill Creek Auburn Back Channel
• Engage in meetings and conference calls to help resolve planning and design issues
• Provide guidance on Corps and Federal processes relating to project funding and
permitting
• Prepare follow-up correspondence which documents recommendations and findings
Contact Information:
Noel Gilbrough, PE
7359 23rd Ave NW
Seattle WA 98117
206-784-1894
g ilbroug h@comcast.net
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21
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: May 1, 2013
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Ken Langholz, Engineering Supvervisor
Through: Chad Bieren, P.E., City Engineer
Subject: Briscoe/Desimone Levee - Interlocal Agreement for
Levee Construction, Operation and Maintenance
Motion:
Move to recommend Council authorize the Mayor to sign an Interlocal
Agreement with the King County Flood Control District for the City to
receive reimbursement for improvements to and FEMA accreditation of
the Briscoe Desimone Levee, subject to final terms and conditions
acceptable to the City Attorney and the Public Works Director.
Summary:
The State of Washington included in its 2011-2013 biennial budget a $7 million
grant for the Briscoe/Desimone Levee. This funding was directed through the King
County Flood Control District and is intended to pay for improvements to the levee
needed for FEMA accreditation. The Flood Control District also has funding set aside
in their budget for this levee segment.
After prolonged discussions between the City and Flood Control District Staff on the
best alternative for the reconstructing weak levee sections, the Flood Control District
Board of Supervisors, at their February 26, 2013 meeting, adopted the city's setback
floodwall alternative.
The attached interlocal agreement describes the procedure for King County to
reimburse the City for the reconstruction effort on the Briscoe/Desimone Levee
using state grant money and Flood Control District Funds.
Budget Impact:
Under this agreement the City would be reimbursed up to $18,500,000 (minus King
County costs). This $18,500,000 consists of $7,000,000 from the state grant and
$11,500,000 from Flood Control District funds. If costs are anticipated to exceed
$18,500,000 before all work is complete, the city would approach the Flood Control
District for additional funding, before moving ahead.
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AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE
Briscoe—Desimone Levee
River Mile 14.3 to 17.0, Right Bank
THIS AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND
MAINTENANCE ("Agreement") of the Briscoe—Desimone Levee, River Mile 14.3 to 17.0,
Right Bank ("Levee") is entered into on the last date signed below by and between the Parties,
the CITY OF KENT, a Washington municipal corporation ("City"), and KING COUNTY
FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of
Washington ("District") (collectively, the 'Parties").
RECITALS
A. King County, Washington, through the Water and Land Resources Division of the
King County Department of Natural Resources and Parks ("WLRD"), as service provider to the
District pursuant to an interlocal agreement with the District, operates and maintains a major
portion of the Green River Levee System.
B. The Briscoe-Desimone levee ("Levee") is a key part of the Green River levee
system. The District Board of Supervisors desires to improve the Levee by constructing new
floodwalls at four sites, known as reaches 1, 2, 3 and 4. The Levee Project is planned for
construction from 2013 and 2015. The Reach 3 Project will be constructed first, beginning in
2013.
C. Based on a collaborative effort, presentation and request to the State Legislature
in the 2012 Legislative Session, the Legislature passed ESHB 6074 relating to the 2011-2013
State Capital Budget. Section 3009 of ESHB 6074 appropriated $7,000,000 to the District for
the "Briscoe-Desimone levee improvement project". This amount was based on the City's
estimated cost to construct the Reach 3 Project in order to meet National Flood Insurance
Program accreditation standards, and allow the Federal Emergency Management Agency
("FEMA") to verify compliance with such accreditation standards. Unless the State Legislature
reappropriates the funds into the 2013-2015 biennium, the appropriation will need to be
expended prior to June 30, 2013
D. Using ESHB 6074 funds, the District desires to authorize and the City desires to
construct the Reach 3 Project as soon as possible, in order to provide for the safety of the
residents and businesses that will be protected by this levee.
E. By Resolution FCD2013-06, adopted on April 29, 2013, the District Board of
Supervisors authorized the Chair of the Board to enter into a Grant Agreement (No. G1300118)
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RB 5-06
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with the state Department of Ecology relating to the use of the $7,000,000 for the Reach 3
Project("DOE Agreement'). The DOE Agreement estimates that the cost of the Reach 3 Project
will be $7,500,000, with a maximum grant amount of $7,000,000 and a maximum District
contribution of$500,000.
F. By Resolution FCD2013-02.2, adopted on February 26, 2013, the District Board
of Supervisors declared its intent to address urgent flood risk reduction needs throughout King
County and to work cooperatively with Green River cities to manage flood plain resources. In
this Resolution, the District Board of Supervisors also approved funding for the Levee Project
under certain conditions and requirements to be satisfied by both the City and the District
G. In Resolution FCD2013-02.2, the District Board of Supervisors did not specify a
maximum funding for the Levee Project. During the District Board of Supervisors' discussions
of this Resolution, the City stated that the estimated cost of the Levee Project would be
$17,000,000. The District Board of Supervisors required changes to the design of the Levee
Project floodwalls and called for additional setbacks for the Reach 1 levee. The City also stated
that the required design change would add an additional $1,000,000 to the Reach 1 Project cost,
resulting in a total cost of$18.000,000 for the Levee Project.
H. After adoption of Resolution FCD2013-02.2, the City revised its estimate for
construction of the Levee Project to $18,500,000. The District has not reviewed or analyzed this
City estimate.
L The Parties desire to enter into this Agreement to establish the terms and
conditions for the Levee Project, and for all four Reach Projects.
J. By Motion FCD11-02.1, adopted on July 6, 2011, the District Board of
Supervisors adopted certain levee maintenance and repair standards and requirements and
addressed countywide flood protection levels, levee accreditation and certification. This Motion
is applicable to the Levee Project, to the extent that the Motion is consistent with Resolution
FCD2013-02.2.
AGREEMENT
Based upon the foregoing,the Parties agree as follows:
1. Incorporation of Recitals Scope of Agreement. All recitals above are hereby
incorporated and ratified as part of this Agreement. This Agreement establishes the terms and
conditions for design, construction, installation, operation, maintenance and repair of
improvements to the Levee and its four Reaches, as those terms are defined in the recitals above.
2. Definition of District. Unless provided otherwise in this Agreement, the term
"District"hereinafter also shall include WLRD in its capacity as service provider to the District.
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3. Interlocal Agreement with Tukwila. The City of Kent shall enter into an
agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila.
4. Levee Design, Construction and Reimbursement.
a. The City shall design, construct and install the improvements to the Levee Project
and the four Reach Projects described and depicted on Exhibit A, attached hereto and
incorporated herein by reference in accordance with this Agreement, the DOE Agreement", and
District Resolution FCD2013-02.2 ("Resolution") (the Resolution is attached as Exhibit B,
which is incorporated herein by reference), as supplemented by the terms and conditions of
Exhibit C, attached hereto and incorporated herein by reference. By executing this Agreement,
the Parties acknowledge receipt and review of the DOE Agreement.
b. The City shall obtain and be responsible for all necessary local, state, and federal
permits and approvals for the Levee Project, and shall fully comply with all applicable
requirements and conditions thereof.
C. The Parties acknowledge and understand that at the effective date of this
Agreement, most but not all of the estimated cost of the Levee Project is included in the
District's 2013-2018 Six-Year CIP, most but not all of the estimated cost of the Reach 3 Project
is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects
is anticipated to be included in the District's budgets for 2014 and thereafter. The District's
obligation and responsibility to provide funding for the Levee Project, including all four Reach
Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient
funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in
the 2013 and 2014 calendar years. If the District Board of Supervisors fails to appropriate
expenditures in a District budget to reimburse the City for costs and expenses related to the
Levee Project or any of the four Reach Projects, the District reserves the right to terminate this
Agreement, and the City shall immediately terminate work on any and all Reach Projects;
provided, that until substantial completion of a Reach Project, the District shall continue to
accept and review City requests for reimbursement up to the amount of funds appropriated in an
approved District budget and still available for reimbursement under the DOE Agreement or this
Agreement.
d. The City's cost and expense for the Levee Project improvements shall be
reimbursed pursuant to the procedures, requirements and restrictions of paragraph 13 below.
e. The City shall obtain and convey to the District or King County, as determined by
WLRD, any necessary easements for design or construction of or access to the Levee in the form
of the standard River Protection Easement in Reference 8-P to the King County Surface Water
Design Manual. These easements shall include all of the improvements designed and built under
this Agreement; all areas necessary for any temporary erosion control measures; a 15-foot
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maintenance/inspection corridor along the landward side of these areas; and suitable access for
heavy equipment to reach all of these areas from the public roadways. All of the easements
required for construction of any floodwall segment in Reaches 1 through 4 must be approved,
accepted and recorded by the District before commencement of construction of such floodwall
segment. The City also shall obtain and convey to the District or King County, as determined by
WLRD, all restrictive covenants as required by the DOE Agreement for the Reach 3 Project, and
as required by other state of Washington Department of Ecology agreements that provide
funding for the other Reach Projects.
5. Levee Maintenance, Operation and Repair Standards. The District shall operate,
maintain and repair the Levees in accordance with this Agreement, which includes Exhibit D,
attached hereto and incorporated herein by reference, and with District general standards,
requirements and policies for operation, maintenance and repair of Green River levees, as these
are determined and applied by the District, provided that:
a. The District shall not be obligated to operate, maintain and repair a Levee if
FEMA does not approve a risk-based approach to operation, maintenance and repair of the
Levee; and
b. If the total cost of Levee operation, repair, and maintenance in the project area
shown on Exhibit A exceeds the sum of average annual costs for the Green River levee system
over the number of years this agreement has been effective, the City shall cover all costs and
expenses in excess of the average. For this purpose, the average annual cost is $95,000 per levee
mile per year in 2013, to be adjusted for inflation each year thereafter. The District will provide
the City with an annual report of operation, repair, and maintenance costs incurred in the project
area.
6. District Review of Levee Plans and CLOMR Applications. The City shall
provide to the District a schedule of the material and significant events and actions for design
and bidding of each Reach Project, which events and actions shall include, but not be limited to,
three design stages and the invitation to bid. The City shall submit plans and specifications for
each of these three design stages to the District for review and comment. For all Levee Reaches,
at least thirty (30) days before advertising an invitation to bid, the City shall submit to the
District for review and comment the plans, specifications and requirements of the invitation to
bid and the application (with attachments and exhibits) for a FEMA Conditional Letter of Map
Revision ("CLOMR"). The District shall submit any comments within thirty(30) days of receipt
of the documents. The City will pay for all of the District's costs and expenses related to the
City's CLOMR applications.
7. Additional Activities. The District will provide enhanced monitoring of the
Levee through slope stability instrumentation, and the District may seek reimbursement of the
cost of such monitoring from State of Washington funding . The Parties will cooperate to
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develop and pay for a joint outreach program to communicate with other persons and entities in
the Levee protected area, informing them of risks associated with being located in such area,
regardless of accreditation or certification.
8. District Inspections. The District shall have the right to inspect the City's
construction of the Levee Project.
9. Contracts for Levee Work. Upon execution of a contract for construction of a
Reach Project, the City shall send a copy of the contract to the District.
10. Record Drawings; Retention and Review of Documents. The City shall submit to
the District record drawings for each Reach Project, in a form and with detail required by the
District. The City agrees to maintain documentation of all planning, design, construction and
inspection of all Reach Projects sufficient to meet state audit standards for a capital project,
recognizing that the costs of the Levee work are paid for in whole or in part by City, District and
State of Washington funding sources, and that the City, the District and/or King County may
seek recovery of costs expended from other governmental funding sources. The City agrees to
maintain any additional documentation that is requested by the District. City contracts and
internal documents shall be made available to the District for review and/or independent audit
upon request.
11. Access; Special Use Permit. To the extent that the District's or King County's
property interests require and allow, the City shall follow the District and/or King County
processes for obtaining, as applicable, special use permits, consistent with King County special
use permit procedures and standards, and shall obtain such permits for any City access to and
construction and inspection work on the Levee. The District shall waive any applicable bond
requirements. If Levee Project work involves access to and use of real property for which
neither the District nor King County has real property interests or rights, the City shall be
responsible for obtaining real property rights sufficient for City access to and construction and
inspection of such Levee Project work, and District and WLRD access to and maintenance,
operation and repair of the Levee.
12. District Costs and Expenses.
a. The total cost to the District of the four Reach Projects shall not exceed
$11,000,000, and the District's maximum congribution toward the Reach 3 Project shall be
$500,000.
b. For the Reach 3 Project, the District shall seek reimbursement from the State of
Washington funding under the DOE Agreement or from the District's maximum contribution of
$500,000 toward the Reach 3 Project. The District reimbursement shall be for all actual costs
and expenses incurred by the District after the effective date of this Agreement to review Reach
3 Project design and construction documents and to inspect the Reach 3 Project work.
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c. For Reach Projects 1, 2 and 4, the District shall seek reimbursement from the
District's maximum contribution of$10,500,000 toward Reach Projects 1, 2 and 4, for all actual
costs and expenses incurred by the District after the effective date of this Agreement to review
Reach Projects 1, 2 and 4 design and construction documents and to inspect the Reach Project
work.
d. For King County employees providing the services to the District described in
subsections b and c above, the actual costs shall include salaries, employment benefits and
administrative overhead.
13. Reimbursement of City Expenditures.
a. No more than once a month, the City shall submit requests for reimbursement of
City costs and expenses incurred after execution of this Agreement for design, construction and
inspection of the Reach Projects. The requests shall be in a form and shall contain information
and data as is required by the District.
b. For the Reach 3 Project, the District shall review the requests to confirm that they
are reimbursable and payable under the DOE Agreement and this Agreement. The District shall
endeavor to complete such review within thirty (30) days of receipt of a request. For
reimbursement amounts approved by the District and paid for under the DOE Agreement, the
District shall send a request for such reimbursable amounts to the appropriate State department
for review and approval, up to a maximum of$7,000,000. Within thirty (30) days of receipt of
State funds, the District shall forward the State funds to the City. For requests that are not
reimbursable and payable under the DOE Agreement, the District shall endeavor to review such
requests within thirty (30) days of receipt of the request, in order to determine whether they are
reimbursable and payable under this Agreement. Any approved additional reimbursement shall
not exceed a total of$500,000, less any funds paid to the District under this Section 13, without
prior authorization from the District. If there are funds remaining from the DOE grant
subsequent to construction, the District shall submit a request to DOE to utilize those funds on
Reaches 1, 2, and/or 4. The District shall forward the approved reimbursement to the City within
forty-five (45) days of the City request.
C. For Reach Projects 1, 2 and 4, the District shall review the requests to determine
whether they are reimbursable and payable under this Agreement. The District shall endeavor to
complete such review within thirty (30) days of receipt of a request. Any approved
reimbursement shall not exceed a total of $10,500,000, less any funds paid to the District under
Section 12.c., without prior authorization from the District.
The District shall forward the approved reimbursement to the City within forty-five (45)
days of receipt of the City request.
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d. The District may postpone review of a City request for reimbursement where all
or any part of the request is inaccurate or incomplete. The District shall notify the City of any
inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City shall
provide the requested information or data within thirty (30) days of the request for such
information or data. If the request is still inaccurate or incomplete in the opinion of the District,
the dispute shall be resolved in accordance with paragraph 22 below. After resolution of the
dispute, the District shall send a request for reimbursement to the appropriate State Department
or provide reimbursement as provided in this section 13.
14. Levee Warrantv. The City shall warrant the materials, work and function of a
Reach Project for five (5) years after the City's acceptance of construction of the Reach Project.
15. Compliance with Laws and Regulations. The City shall be responsible for
compliance with all applicable laws and regulations, and obtaining all required permits,
approvals and licenses in connection with a Reach Project.
16. Impact on Other Reaches or Segments. The District and the City agree that the
improvements to the Levee under this Agreement should not have a detrimental effect on other
segments or reaches of the Green River levee system. The improvements to the Levee shall be
deemed not to have such a detrimental effect where the improvements fully protect the
conveyance capacity and storage volume of the floodplain during base flood (100-year flood)
conditions, as demonstrated by compliance with King County flood hazard regulations, which
are Sections 21A.24.230 through 21A.24.260 of the King County Code.
17. Duration. This Agreement shall take effect on the date on which the second party
signs this Agreement, and shall remain in effect for thirty (30) years from the effective date.
18. Third Parties. This Agreement and any activities authorized hereunder shall not
be construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability to the City, the
District and/or King County, granted under state statute, including Chapters 86.12 and 86.15
RCW, or as otherwise granted or provided for by law.
19. Liens and Encumbrances. The City acknowledges and agrees that it will not
cause or allow any lien or encumbrance arising from or related to the Levee work authorized by
this Agreement to be placed upon the real property interests of King County and the District. If
such lien or encumbrance is so placed, King County and the District shall have the right to
remove such lien and charge back the costs of such removal to the City.
20. Indemnification. To the maximum extent permitted by law, the City shall defend,
indemnify and hold harmless the District and King County, and all of their officials, employees,
principals and agents, from any and all claims, demands, suits, actions, losses, costs, reasonable
7
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attorney fees and expenses, fines, penalties and liability of any kind, including injuries to persons
or damages to property, arising out of, or as a consequence of, the City's negligence or gross
negligence in the design and construction of the improvements to the Levee under this
Agreement. As to all other obligations under this Agreement, to the maximum extent permitted
by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its
officials, employees, principals and agents, from any and all claims, demands, suits, actions,
fines, penalties and liability of any kind, including injuries to persons or damages to property,
arising out of or relating to any negligent acts, errors or omissions of the indemnifying Party and
its contractors, agents, employees and representatives in performing these obligations under this
Agreement. However, if any such damages and injuries to persons or property are caused by or
result from the concurrent negligence of the District or its contractors, employees, agents, or
representatives, and the City or its contractor or employees, agents, or representatives, each
Party's obligation hereunder applies only to the extent of the negligence of such Party or its
contractor or employees, agents, or representatives. This indemnification provision shall not be
construed as waiving any immunity granted to the City, the District, or King County, under state
statute, including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party
only, and only to the extent necessary to provide the indemnified Party with a full and complete
indemnity of claims made by the indemnitor's employees. This waiver has been mutually
negotiated.
21. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
22. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for in
paragraph 13 above, submittal of all relevant information and data to an independent Certified
Public Accountant and/or a Construction Claims Consultant, if agreed upon by the Parties, for a
non-binding opinion as to the responsibility.
b. If the foregoing does not result in resolution and for all other disputes, the Parties
may mutually select any informal means of resolution and resort will otherwise be had to the
Superior Court for King County, Washington.
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C. Each Party will be responsible for its own costs and attorney's fees in connection
with the dispute resolution provisions of this paragraph 22.
23. Entire Agreement: Amendment. This Agreement, together with its Exhibits A
through D, represents a full recitation of the rights and responsibilities of the Parties and may be
modified only in writing and upon the consent of both Parties. Should any conflict exist between
the terms of this Agreement and the terms of the Exhibits,this Agreement shall control.
24. Binding Nature. The rights and duties contained in this Agreement shall inure to
the benefit of and are binding upon the Parties and their respective successors in interest and
assigns.
25. Notices, Communications and Documents. All communications and documents
regarding this Agreement shall be sent to the Parties at the addresses listed below unless a Party
gives notice of a change of address. Any written notice hereunder shall become effective three
(3) business days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the address state below or such other addresses as may be hereinafter
specified in writing.
26. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Suzette Cooke
Its: Mayor Its: Board Chair
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney Legal Counsel
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EXHIBIT A Sheet 1 of 4
Description of Briscoe-Desimone Levee Improvements
The Briscoe-Desimone Levee is located along the right bank(easterly side) of the Green River
between S. 200t' Street and S. 180t' Street, (see Figure 1, Exhibit A Sheet 2 of 4). The Briscoe
levee is located along the right bank of the Green River between S. 200t' Street and S. 189t'
Street within the City of Kent. The Desimone levee is located along the right bank of the Green
River between S. 189t' Street and S 180t' Street in the City of Tukwila. Together these levee
segments are approximately 2.7 miles in length and protect properties within the cities of Kent,
Tukwila and Renton. Tilt-up style buildings (manufacturing and industrial) are located adjacent
to the entire stretch of levee.
Four sections (reaches) of the levee, approximately 4,450 linear feet, don't meet slope and
stability requirements and need repair to meet FEMA accreditation requirements. Reach 1 is
located between RM 14.47 and 14.63 and totals 1,050 If. Reach 2 is located between RM 15.45
and 15.57 and totals 850 If. Reach 3 is between RM 15.98 and 16.36, totaling 2,350 If, and
Reach 4 is between RM 16.95 and 17.00 and totals 200 If. Reaches 1, 2 and 3 are on the outside
of sharp bends in the river and Reach 4 is just north of the S. 200t' Street Bridge. Structural steel
sheet pile walls are proposed to be installed at the back of the existing levee slope to act as a
secondary levee to reduce flood risk to the cities of Kent, Tukwila and Renton and protect the
large number of warehouses, manufacturing facilities and some retail establishments behind
these levees. These areas are shown on Figure 2, Reach Location Map (see Exhibit A Sheet 3 of
4). In addition, large stumps and roots will be removed in areas between the four reaches along
the levee where they could compromise levee stability and/or are in the construction project area
The walls will provide a minimum of 3 feet of freeboard above the predicted 100-year flood
event, (see artist rendering Exhibit A Sheet 4 of 4). This proposal allows for some re-vegetation
and habitat restoration work along the river between the ordinary high water line and the trail in
areas where the wall is constructed. In areas where walls are installed, benches will be
constructed where feasible and native vegetation will be planted above the ordinary high water
line.
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33
EXHIBIT A Sheet 2 of 4
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11
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13
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EXHIBIT B
[District Resolution FCD2013-02.21
14
RB 5-06
KING COUNTY 12aoKh,g comity cour[housc 39
516'Third Avcnuc
Scxalc.WA 99104
Signature Report
King County
February 26, 2013
FCD Resolution
Proposed No. FCD2013-02.2 Sponsors
1 A RESOEUITON relating to the Briscoe-Desimone levee on the
2 Green River; initiating a comprehensive planning process and
3 providing funding for the Briscoe-Desimone levee project on
4 certain conditions.
5 WHEREAS, public safety is the highest priority for the allocation of King
6 County Flood Control Zone District ('District") funds; and
7 WHEREAS, the District seeks to address urgent flood risk reduction needs
8 throughout King County; and
9 WHEREAS, the Green River valley is home to over 100,000 jobs, contains one
10 of the largest warehouse and distribution complexes in the nation, has an annual payroll
11 of$2.8 billion (one-eighth of the gross domestic product of the state of Washington) and
12 accounts for annual taxable revenue of over$8 billion; and
13 WHEREAS, Policy G-13 of the 2006 King County Flood Hazard Management
14 Plan, which has been adopted by the District as its comprehensive plan ("District's
15 Comprehensive Plan'), states that King County and the cities and towns therein should
16 work cooperatively to manage floodplain resources; and
17 WHEREAS, Policy G-9 of the District's Comprehensive Plan states that King
18 County's rivers and tributaries and their associated floodplains should be managed for
19 multiple, and sometimes competing, uses and objectives; and
1
FCD Resolution 40
20 WI IEREAS,the Briscoe-Desimone levee on the Green River is located between
21 South 180th Street and South 200th Street in the cities of Kent and Tukwila("Briscoe-
22 Desimone Levee"): and
23 WHEREAS, in 2012 the Washington state legislature awarded to the District a
24 grant of$7 million for the Briscoe-Desimone Levee project; and
25 WHEREAS, the District hired an expert third party("Third-Party Reviewer")to
26 review two alternative designs for the Briscoe-Desimone Levee improvements; and
27 WHEREAS, the Third-Party Reviewer has expertise in analyzing the stability of
28 I-walls and levees, and served on national independent review panels for levee failures in
29 the state of Louisiana following Hurricane Katrina and on review panels for the
30 Sacramento-San Joaquin Delta in California; and
31 WHEREAS, on January 29, 2013, the Third-Party Reviewer submitted to the
32 District a report of his analysis and findings, entitled "Expert Engineering Independent
33 Third-Party Review, Briscoe-Desimone Levee Design, Green River Basin, State of
34 Washington" ("Report"); and
35 WHEREAS, on January 23 and February 7, 2013,the Third-Party Reviewer gave
36 a presentation of his analysis and findings to the District executive committee,which
37 considered the presentation, the Report and comments from the public, including
38 comments by King County, the city of Kent, and interested organizations; and
39 WHEREAS, based on the District's Comprehensive Plan, the Report, and
40 repots, information and data prepared by District staff, consultants and contractors, the
41 Board of Supervisors of the District desires to select one of the two alternative designs
........................................ .... ... ,....
2
FCD Resolution 41
42 for the Briscoe-Desimone Levee improvements and to authorize funding for the Briscoe-
43 Desimone levee; now, therefore
44 13E I RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING
45 COUNTY FLOOD CONTROL ZONE DISTRICT:
46 SECTION 1. The District will initiate a comprehensive planning process, such
47 as the United States Army Corps of Engineers' Systen-wide Improvement Framework,
48 after accepting at an executive committee meeting the information provided about the
49 scope, anticipated staff time and estimated costs. Issues to be studied should include, but
50 are not limited to, the following:
51 A. Safety and levee heights;
52 B. Economic objectives;
53 C. Environmental objectives;
54 D. Howard Hanson Dam risk assessment;
55 E. Land use;
56 F. Operations and maintenance; and
57 G. FEMA levee accreditation,
58 SECTION 2. The District will execute a grant agreement with the state of
50 Washington for the $7 million grant award for the Briscoe-Desimone levee project as
60 soon as possible.
61 SECTION 3. The District will provide funding for the Briscoc-Desimone
62 levee project designed using setback levees that are retained by walls on the landward
— —. ................ ....... ...... .,.,.,.
3
FCD Resolution 42
63 side at the four outside bends of Green River between South 200th and South 180th
64 Streets in the Cities of Kent and Tukwila and incorporating the conditions and
65 responsibilities of this Resolution.
66 SECTION 4; For the Briscoe-Desanone levee project, the District supports the
67 use of setback levees that are retained by walls on the landward side. The following
68 conditions must be met:
69 A. The design and installation of the Briscoe Desimone levee project shall be
70 consistent with applicable state and federal regulations and standards,including but not
71 limited to the state Shoreline Management Act,the federal Clean Water Act, and state
72 water quality standards, and shall receive all necessary local, state, and federal permits.
73 B. The top of the setback levee retaining wall shall be consistent with the height
74 of the adjoining levee sections.
75 C. The city of Kent's("City") responsibilities and conditions in relation to the
76 Briscoe-Desimone levee project are as follows:
77 1. The City, or its engineering consultants, shall submit to the District a
78 plan to provide for resiliency of the landside levee and wall in the event of overtopping.
79 The plan should include identification of the areas that are most susceptible to erosion,
80 such as the base walls and valleys on the landside slopes of Briscoe-Desimone Levee at
81 the bends.
82 2. The City shall reduce and mitigate the potential for erosion. The City,
83 or its engineering consultants, shall identify permanent or temporary strategies to
84 minimize erosion in these locations of potential erosion.
FCD Resolution 43
85 3. If the City uses temporary erosion control measures, such as
86 sandbags,the City must commit to paying for and having on hand the materials and
87 necessary equipment to install the temporary measures in the event of over-topping.
88 4. Where the bases of the walls encroach on private property and the
89 erosion forces arc more significant,the City shall obtain any necessary easements for
90 design or construction of or access to the Briscoe-Desunone levee.
91 5. The City shall move the setback wall back from the toe of the existing
92 levee in the northernmost setback sepnent near the West Valley Highway, consistent
93 with the alternative of the GEl report prepared for the City and dated 2012.
94 6. Prior to release of District funds for the Briscoe-Desunone levee
95 project, the City shall provide to the District a plan to address potential corrosion of the
96 sheet pile walls.This plan must include options for addressing potential corrosion.
97 7. The City shall enter into an agreement with the Washington State
98 Department of Transportation related to the West Valley Highway and its role as a levee.
99 8. The City shall permit, design, and construct replacement of the nail to
100 meet King County Parks regional trail standards.
101 9. Any contracts between the City and any consultants, engineers, contractors or
102 other design or construction entities(collectively, "contractors") shall include provisions whereby
103 the City and its contractors name the King County Flood Control Zone District and King County
104 as additional insureds. All such contracts shall provide insurance coverage to the King County
105 Flood Control Zone District and to King County, consistent with King County's guidelines and
106 requirements for insurance for similar contracts.
_..._. 5
FCC Resolution 44
107 10. The City and King County shall provide a monthly written report to the
108 Executive Committee on the first day of each month regarding implementation of the Bniscoe-
109 Desimone levee project including any regulatory requirements that may impact the budget,
110 schedule, design, construction and/or maintenance.
111 11. The City shall cover the costs of any maintenance for the project in excess of
112 the average annual maintenance and repair costs for the Green River ($95,000 per mile per year).
113 This amount shall be adjusted for inflation amorally.
114 D. King County's responsibilities and conditions, as the District's service provider, in
115 rotation to the Briscoe-Desimone levee project are as follows:
116 1. King County shall include inspection of the sheet pile walls for
117 corrosion in the County's operations and maintenance activities.
118 2. King County shall monitor deformation and erosion of the Briscoe-
119 Desimone Levee riverbank to provide quantitative and scientific information for future
120 projects about how the river is working with its flow regulated by the Howard Hanson
121 Dam. This information will assist the District in preparing public warnings in the event of
122 a breach in the Howard Hanson Dam.
123 3. King Comity shall prepare a plan to ensure that materials and
124 equipment for emergency repairs to the Briscoe-Desimone levee are available in as
125 timely a manner as possible.
126 4. King County and the City shall provide a monthly written report to the
127 executive committee on the first day of each month regarding implementation of the Briscoe-
128 Desimone levee project including any regulatory requirements that may impact the budget,
129 schedule, design, construction, and/or maintenance.
6
FCC Resolution 45
130 5. King County as the District's service provider will provide the
131 District with timely technical assistance in reviewing plans submitted to the District by
132 the City.
133 SECTION 5. The District shall provide funding for inspections, operations and
134 maintenance on the Briscoe-Desimone levee. King County, as the District's service provider,
135 shall inspect, maintain and repair the Briscoe-Desimone levee.
136 SECTI0N-6. The District will ensure that public safety plans are in place,
137 including annual outreach to residents and workers along the Green River, as well as
138 other basins in King County. The District will make these plans a priority in the
139 District's 2014 budget.
140 SECTION 7. The District will encourage all businesses and residents in low-
141 lying areas near rivers,regardless of levee accreditation, to purchase flood insurance.
142 SECTION 8. The conditions along the South 200th Street to South 180th Street South
143 corridor in the cities of Kent and Tukwila represent a Unique set of circumstances in King
144 County. The approval of the use of flood walls in this location does not set a precedent for their
145 use in other parts of the County or the Green River corridor, nor should this limited use be
146 considered a departure from the District's intent of setting back levees where appropriate.
147 SECTION 9. The District hereby directs District staff to work with King County to
148 develop a funding strategy for consideration by the District using bond financing to accelerate
149 high-priority flood protection projects throughout the county that are not fully funded through
150 pay-as-you-go implementation of the District's capital improvement program. This strategy
151 should consider the long-term financial stability of the Flood Control District, the ability to
152 commit Flood District revenue to pay necessary debt service over the life of the bond, the
_.__ .....
7
FCD Resolution 46
153 preservation of capacity to provide for ongoing maintenance, and the maintenance of adequate
154 reserves to respond to flood emergencies.
155
FCD Resolution was introduced on and passed as amended by the King County Flood
Control District on 2/26/2013, by the following vote:
Yes: 8 - Mr. Phillips, Mr. von Reichbauer, Mr. Gossett, Ms. Hague,
Ms. Patterson, Mr. Dunn, Mr. McDermott and Mr. Dembowski
No: 0
Excused: 1 - Ms. Lambert
KING COUNTY FLOOD CONTROL ZONE
DISTRICT
K,INGC')4J'� ' ' WASHINGTON
z'r
Reagan Dunn, Chair
ATTEST:
Anne Noris, Clerk of the District
Attachments: None
.... 8
47
ATTACHMENT A TO EXHIBIT B
SUPPLEMENTAL TERMS AND CONDITIONS—RESOLUTION 2012-02.2
1. The top of the setback levee retaining wall shall be consistent with the height of the
adjoining levee sections, except as is appropriate for safety of cyclists, pedestrians and
others using the trail along the top of the wall. Transitions at the ends of each wall shall
provide for trail user safety and for levee erosion resistance from overtopping flows that
might be concentrated around the ends of the wall and around the ends of trail user
protection measures.
2. The City, or its engineering consultants, shall submit to the District a plan to provide for
resiliency of the landside levee and wall in the event of overtopping. The plan shall
include identification of the areas that are most susceptible to erosion, and shall propose
appropriate protection measures for each of those areas. The City shall submit the plan as
a recommendation for consideration and approval by the District in the Levee
construction plan review process.
3. The City shall reduce and mitigate the potential for erosion. The City, or its engineering
consultants, shall identify permanent or temporary strategies to minimize erosion in
locations of potential erosion. The City shall submit these strategies as recommendations
for consideration and approval by the District in the Levee construction plan review
process.
4. If the City strategy to minimize erosion in the event of overtopping relies upon temporary
erosion control measures such as sandbags, the City must commit to paying for and
having on hand the materials and equipment, and access to sufficient labor, to install all
temporary measures in preparation for overtopping. The City shall prepare a plan that
describes the temporary measures, the staging of material and equipment, sources of
labor, estimated time for installation, and specific river conditions that will trigger
installation. This plan must be submitted for consideration and approval by the District
in the Levee construction plan review process. The City must also prepare before October
1 each year by staging all necessary materials and equipment specified in the plan. The
City must fully install all such temporary measures immediately upon recognition that the
trigger conditions in the approved plan are met. The City must also remove all such
temporary measures within six months after the end of that flood season (March 1). The
City is fully responsible for all associated costs including but not limited to materials,
equipment, and labor.
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RB 5-06
48
5. The City shall move the setback wall back from the landward toe of the existing levee in
the northernmost setback segment near the West Valley Highway, consistent with the
alternate alignment described by GEI Consultants, Inc., in section 8.3.2.5 of its April,
2012 draft FEMA Accreditation Report for the Briscoe-Desimone Levee System.
6. The plan to address potential corrosion of the sheet pile walls shall be submitted for
consideration and approval by the District in the Levee construction plan review process.
7. The agreement with the Washington State Department of Transportation shall be
approved by the District prior to the release of State or District funds for Reach 1 of the
Levee.
8. To assist in implementing the District plan for emergency repairs, the City shall provide
project design information and emergency planning recommendations of observations,
physical measurements, tolerances, thresholds, and considerations for the District's
inspection and risk-based decision-making as appropriate for emergency plans associated
with the Levee design. The City will provide this information to the District by August 1,
2014.
9. The City shall permit, design, and construct replacement of the trail to meet King County
Parks regional trail standards. The City shall submit plans to King County Parks for
review coincident with District plan review at each design phase.
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RB 5-06
49
EXHIBIT D
Levee Inspection, Maintenance, Operation and Repair
1. The Levee shall be maintained and operated consistent with the District's Flood Hazard
Management Plan Policy PROJ-6, Flood Protection Facility Design and Maintenance
Objectives (or its successor) which states as follows:
"[The District] should construct new flood protection facilities and maintain,
repair or replace existing flood protection facilities in such a way as to:
• Require minimal maintenance over the long term,
• Ensure that flood or channel migration risks are not transferred to other
sites,
• Protect or enhance aquatic, riparian and other critical habitats, and
• Protect or enhance multiple beneficial uses of flood hazard area."
2. Levee maintenance and operation shall be based on a risk-based analysis approach. If a
risk-based approach is not acceptable to FEMA, and as a result FEMA fails to issue a
CLOMR or LOMR for the Levee, the District shall not be obligated to operate and
maintain the Levee.
3. The upper 1/3 of the riverward slope above the OHWM may be mowed and maintained
in grass cover.
4. The Levee crest shall be maintained to provide for unimpeded vehicular access at all
times, including access by heavy construction equipment and earth-hauling machinery.
5. The landward Levee slope may be mowed and maintained in grass cover.
6. The 15-foot maintenance access and inspection area along the landward Levee toe may
be mowed and maintained in grass cover.
7. All such mowed areas may alternatively be planted and maintained with native riparian
woody vegetation.
8. Upon acceptance of completed Levee construction by the District, the Levee, as
constructed to these standards, shall be inspected by the District prior to leaf emergence
each spring, at low-flow conditions in the late Summer or early Fall, prior to the onset of
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RB 5-06
50
fall rains and seasonal high flows, and during and immediately following flood events at
Phase III(9,000 cfs) or greater.
9. All structural features of the Levee shall be inspected by the District for deterioration or
damage, including the presence of any slope erosion, washouts, slumping, slides, or
sloughing, and any conditions noted shall be included in prioritization of District and/or
King County maintenance and repair needs, and in performance of maintenance and
repair actions at the earliest appropriate opportunity.
10. All vegetation on the levee slopes, benches, or along the lower embankment shall be
inspected by the District for erosion of the riverward embankment in the root zone, and
appropriate corrective action shall be taken where such conditions may be present.
11. The District and/or King County shall perform continuing levee patrols during all Phase
III or greater flood events.
12. Damaged or impaired Levee conditions observed by the District during flood patrols shall
be evaluated for emergency repair actions.
13. Any emergency repairs performed will be inspected by the District at the neat low-water
period for evaluation of permanent repair needs or additional measures required to restore
the function and integrity of all affected locations.
14. The District and/or King County shall prioritize repairs consistent with the adopted
policies of the District's Flood Hazard Management Plan, or its successor.
15. The City shall be responsible for all local drainage inspections and maintenance. The
District and King County shall not assume any responsibility for stormwater management
activities.
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RB 5-06
51
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 30, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Timothy J. LaPorte P.E., Public Works Director
Subject: SE 256th Street Project Status Update
Motion:
No Motion Required/Information Only
Summary:
Staff will present a report on the project including the status of funding.
Action will be at the discretion of the Committee.
52
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53
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 3, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Mark Howlett, P.E., Design Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: SE 256th Street Improvements — Puget Sound Energy Project
Construction Agreement
Motion:
Move to recommend Council authorize the Mayor to sign a Project
Construction Agreement between the City of Kent and Puget Sound Energy
for the underground conversion of overhead utilities on the SE 256th St.
Project, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
Summary:
As part of the SE 256th Street Improvement project, the City requires
undergrounding of the existing overhead utility lines, consistent with Kent City Cod
7.10.030. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink
and Comcast. Agreements with each of these companies is necessary to establish
construction requirements and reimbursable of costs for conversion of overhead
utilities to underground.
This agreement is between the City of Kent and Puget Sound Energy.
Budget Impact:
Costs associated with this agreement will be part of the construction costs of the
project, and are governed by RCW 35.99.060.
54
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55
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: City of Kent SE 25EP St—(1161"Ave SE to Kent Kangley Rd).
Project Number: 101027468
THIS Agreement, dated as of this day of , 20_, 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 Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of August 24, 2012(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;
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 SE 256'"St—(1161"Ave SE to Kent Kangley Rd)
56
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 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 Companys 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.
(I) "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 Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
Construction Agreement, Attachment"B"to Schedule 74, Page 2
City of Kent SE 256`h St—(116th Ave SE to Kent Kangley Rd)
57
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(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.
(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"):
Construction Agreement, Attachment'B" to Schedule 74, Page 3
City of Kent SE 256th St—(116`h Ave SE to Kent Kangley Rd)
58
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);
it) 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
ii) 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.
(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.
Construction Agreement, Attachment"B" to Schedule 74, Page 4
City of Kent SE 256"St—(116t"Ave SE to Kent Kangley Rd)
59
(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 (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
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,
Construction Agreement, Attachment"B° to Schedule 74, Page 5
City of Kent SE 256th St—(116"'Ave SE to Kent Kangley Rd)
60
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 Project 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.
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) (Le.,
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.
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.
Construction Agreement, Attachment"B"to Schedule 74, Page 6
City of Kent SE 256th St—(116'h Ave SE to Kent Kangley Rd)
61
(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: (1) 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
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
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.
Construction Agreement, Attachment"B"to Schedule 74, Page 7
City of Kent SE 256°'St—(116t"Ave SE to Kent Kangley Rd)
62
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 (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.
(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.
Construction Agreement, Attachment"B"to Schedule 74, Page 8
City of Kent SE 2561h St—(116th Ave SE to Kent Kangley Rd)
63
11. 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 aParty, 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 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 1.2(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 SubiectTo 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.
(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.
Construction Agreement, Attachment"B"to Schedule 74, Page 9
City of Kent SE 256th St—(116th Ave SE to Kent Kangley Rd)
64
(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 Riqhts 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.
(j) 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 SE 256th St—(1161h Ave SE to Kent Kangley Rd)
65
(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: Mark Madfai
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
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(1).
(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 SE 256ih St—(116`h Ave SE to Kent Kangley Rd)
66
PUGET SOUND ENERGY
The Energy To Do Great Things -
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City of Kent — SE 256th Street — (116th Ave SE to Kent Kangley Rd)
PSE Project Number: 101079845
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 for the conversion of certain PSE electrical distribution system
facilities as described herein SE 256 h Street-116t" Ave to Kent Kangley Road . 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 o£
• Detailed description of the Construction Work to be performed
• Construction Drawings, Standards, Specifications and Requirements for the Construction
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 SE 256`i' Street-116`i'Ave to Kent
Kangley Road. The Conversion Project is approximately 4350 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.
Fluidized Thermal Backfill (FTB, a form of controlled density fill) is required in trenches
containing four or more PSE six inch ducts. FTB will be used in place of standard backfill as
shown in the Construction Drawings in accordance with applicable PSE Standards.
City of Kent
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PSE initiated upgrades included in this project consist of: The relocation of the existing J04 to
JOl and the replacement of existing cable runs from station line 8+50 west.
City requested upgrades included in this project consist of: TUT instead of a padmount
transformer at station line 36+44 32.5 LT
Temporary Service included in this project consists of: N/A
The following portions of PSE's existing facilities to be converted are located outside of Public
Thoroughfare: N/A
In conjunction with this Conversion Project, PSE will remove its existing street lighting system
from the Conversion Area. Provision of a replacement street lighting system within the
Conversion Area is not included in this Project Plan. Replacement street lighting service can be
provided by separate arrangement in accordance with applicable PSE Tariff Schedules.
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,backflll, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backflll, 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 three (3)business days notice for scheduled delivery of vaults 575 and
City of Kent _
SE @56"'St(116"'Ave SE to Kent Kangley Rd)Underground Conversion Page 2
PSE W.O.#101079845
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smaller and five(5)business days notice for scheduled delivery of vaults 5106 and larger
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.
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 desitmated 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.
City of Kent
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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.
h) Install and connect replacement underground service lines to single family residences and
connect modified and 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 during periods of Conversion Project
construction.
ODleratinQ-Rights
The Underground Distribution System will be located within existing Public Thoroughfare. No
additional operating rights have been identified as being needed for this Conversion Project.
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: City provided
Installation and energization of the Underground Distribution System: PSE provided
City of Kent
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PSE W.O.#101079845
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Removal of overhead facilities: PSE provided
Installation and removal of Temporary Service: N/A
Work Schedule Restrictions: As permitted by City requirements
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
costs are valid for ninety(90) days from the date shown on the attached Construction Costs
Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not fully
executed within ninety(90) days from this date, the estimated costs shall be subject to revision.
The previously executed Design Agreement has been fulfilled with the submission of the
attached Construction Plans and Construction Agreement. The construction costs provided
include costs associated with construction starting with a pre-construction meeting called by the
City and attended by the City's contractor. Time spent on this project at the request of the City
between the date of this Project Plan and the pre-construction meeting will be compensated by
Change Order.
Estimated Inspection and Service Provider Outside Services costs are based on 2013 contract
rates. Costs for work performed by PSE after January 31, 2014 shall be subject to revision to
reflect contract rates which become effective after this date. Further, in the event performance of
the Construction Work does not proceed substantially as provided in this Project Plan, PSE's
estimated construction costs shall be subject to revision.
Changes in Construction Work scope, performance and/or schedule can result in actual
Construction Costs.which significantly differ from estimated costs shown in the Construction
Cost Estimate Summary. Such changes shall promptly be brought to the attention of PSE and
the City when anticipated or known to occur and shall be documented in a Change Order
mutually agreed by the City and PSE.
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 Drawings and
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 notice of completion
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
City of Kent
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PSE W.O.#101079845
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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, including existing ducts
and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling
equipment and methods.
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 estimated 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 estimate the number of days a PSE Inspector will be required during installation
of ducts &vaults. The Inspector will be scheduled in full day increments and in one
continuous effort. Changes to a continuous schedule require a minimum of five days advance
notice and must be mutually agreed between the City and PSE.
6. Included in the project pricing is attendance by the PSE Project Manager at scheduled weekly
construction meetings while the duct and vaults are actively being installed and when the PSE
line crew is on site. Additional meetings that may be required while PSE facilities are not
being installed, will be compensated on a Change Order basis.
7. Traffic control provided by PSE assumes the use of two flaggers,basic signage and simple
channelization. Additional traffic control measures are not included.
8. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
9. All cut-over and transfer work will be completed during regular working hours.
10. New guy anchors shall be installed prior to installation of new ducts in the same area.
11. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to
PSE when required for a Company Initiated Upgrade and otherwise 100%to the City.
12. 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, associated costs
will be a Shared Cost.
Schedule
1. There will be a total of two (2) PSE crew mobilizations as follows: i) one mobilization of an
underground line crew for installation of underground conductors and equipment; and ii) 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.
2. All PSE Construction Work will be performed during regular working hours from 8AM—
5PM (or as permitted) excluding holidays. In the event that lane closures are necessary for
performance of work, PSE shall be limited to working between the hours of 8AM—5PM (or
as permitted). PSE and the City will mutually agree to weekly work schedules for the
City of Kent
SE @56^'St(116"'Ave SE to Kent Kangley Rd)Underground Conversion Page 6
PSE W.O.#101079845
72
Construction Work. PSE shall be allowed to perform PSE work as scheduled without
changes or interruptions 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 modified or replaced to provide underground
service from the Underground Distribution System as described(Customer required).
Performance of the work and associated costs shall be governed by PSE Tariff Schedule 85.
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 Constriction Standards, 2011 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 (held) 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
City of Kent
SE@56"'St(116"Ave SE to Kent Kangley Rd)Underground Conversion - Page 7
PSE W.O.# 101079845
73
provided by PSE. As used herein, "temporary support"means supporting one or more poles for
a continuous working period of ten hours or less.
Due to the location of the joint trench in close proximity to the existing poles, it is anticipated
that multiple poles will need to be held. A preliminary estimate of the cost of holding 14 poles
assuming one pole per day is $44,900. This cost is NOT included in the construction cost at this
time and will be covered by Change Order based on actual time spent and will be billed at a
60/40 cost share. 48 hours minimum notice will be required to schedule pole holds.
Acceptance of Proiect 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
SE @56"St(116t'Ave SE to Kent Kangley Rd)Underground Conversion Page 8
PSE W.O.#d 101079845
74
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75
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 3, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Mark Howlett, P.E., Design Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: SE 256th Street Improvements - Joint Utility Trench Agreement
with Comcast
Motion:
Move to recommend Council authorize the Mayor to sign a Joint Utility
Trench Agreement between the City of Kent and Comcast for the
underground conversion of overhead utilities on the SE 256th Street Project,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
Summary:
As part of the SE 256th Street Improvement project, the City requires
undergrounding of existing overhead utility lines, consistent with Kent City Code
7.10.030. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink
and Comcast. Agreements with each of these companies is necessary to establish
construction requirements and reimbursable costs for the underground conversion.
This agreement is between the city of Kent and Comcast.
Budget Impact:
Costs associated with this agreement will be part of the construction costs of the
project, and are governed by RCW 35.99.060.
76
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77
JOINT TRENCH AGREEMENT
Between the City of Kent and Comcast
for the SE 256th 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"). The City and Comcast are
referred to separately as a "Party" or together as "Parties".
RECITALS
WHEREAS, the City is making certain right-of-way improvements to SE
256th Street in Kent, Washington ("Improvement Project"). The
Improvement Project will include the excavation of trenches and placement
of City facilities and City-contracted third-party facilities in the trenches
("City Facilities").
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, Comcast is
required to underground its current above-ground facilities located on SE
256th St, Kent, Washington.
WHEREAS, Comcast will need to place coaxial and other lines in the
same locations in which the City is performing the Improvement Project and
installing City Facilities.
WHEREAS, the installation of Comcast facilities shall include boring
and/or the excavation of trenches, placement of Comcast facilities (as
specifically designated and/or provided by Comcast) in such bores or
trenches together with City Facilities and backfilling of said trenches, if
necessary, as defined below (the "Work").
WHEREAS, the Parties recognize the efficiencies of entering into an
agreement whereby one trench will be dug for the Parties to relocate the
Facilities and Comcast facilities (jointly "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 City, PSE, Century Link
and Comcast facilities. This trench will be placed along North side of SE
256th St between 106th Ave SE and 116th Ave SE and shall be referred to as
Page 1 of 10
78
the "Joint Trench". There will be approximately six (6) trench crossings of
SE 256th ST to serve customers on the south side of the street. All utilities
will use these trenches.
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 joint trench, install
the Facilities, including Comcast facilities , install the bedding material,
backfill, compact the trench, proof all conduits and perform any restoration
required by the City, all to be performed in a good and workmanlike manner
consistent with industry standards (the "Work"). 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.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Comcast shall provide engineering drawings,
specifications, construction standards, quantities, and cost estimates to the
City. 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 conduits
and vaults for the Contractor's installation within the joint trench. Comcast
shall install the conductors with Comcast conduits after the completion of the
joint trench work. Comcast shall be responsible for any trenching and
installation of facilities outside of the joint trench area. Comcast shall
coordinate with the City's contractor in accordance with subsection 3.D. All
right, title and interest in the Comcast 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 joint trench area.
Comcast shall be responsible for providing traffic control during installation of
Comcast facilities not associated with the joint trench area.
Page 2 of 10
79
D. Comcast Coordination. Comcast shall maintain reasonable and
continued coordination with the Contractor regarding the installation of
Comcast 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. Installation of conductors within Comcast conduits.
3. Trenching and installation of Comcast facilities not associated
with the joint trench.
E. Surveys. The City will provide the survey for the location of the
trench and vaults within the joint trench area, Comcast shall provide for
survey outside of the joint trench area.
F. Election Not to Proceed. If Comcast elects not to proceed with
the Work, Comcast shall obtain a permit for the installation and remain
liable for installing the Comcast Facilities within the approved permit at
the time frame specified on the permit. Comcast shall also be responsible
for any City costs associated with re-designing the trench to remove
Comcast work from the project.
4. COMPENSATION
Trench costs. Comcast agrees to pay the City a portion of the trench costs,
including trenching, installation of facilities and 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
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 its portion of the actual
construction costs.
A. 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.
B. Traffic Control. Comcast agrees to pay the City a proportionate
share of traffic control costs related to the joint trench areas where Comcast
facilities are present. The proportionate share shall be based on the trench
usage as shown in Exhibit A. Comcast shall be responsible to provide all
traffic control during installation of Comcast facilities not associated with the
joint trench area.
Page 3 of 10
80
C. 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 the City or any City-contracted third party.
D. Claims by Contractor. Comcast agrees to pay the entire cost of
any claims made by the Contractor that are directly caused by Comcast's
unreasonable or unforeseeable actions, including but not limited to
unreasonable delays caused by installing Comcast facilities, unforeseeable
delays caused by Comcast providing materials, or any other unreasonable
conflicts between the Contractor and Comcast's contractor.
E. Vaults. Comcast agrees to pay for the excavation, site
preparation, and installation of the vaults being installed for Comcast's
exclusive use ("Comcast 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 and
Comcast. The cost to excavate for and install Comcast Vaults will be
finalized after completion of construction and Comcast agrees to pay the City
for actual construction costs. The parties will work with the Contractor to
keep the cost of the Comcast Vaults as close as reasonably possible to the
approved preliminary bid.
F. 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.
G. 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 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 ensure that its Agreement with Contractor makes
Contractor liable to Comcast for any additional costs incurred by Comcast
hereunder. "Additional costs" shall mean all reasonable costs 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
Contractor.
Page 4 of 10
81
H. Final Payment/Waiver of Claims. The City will ensure that the
agreement with the Contractor provides that 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.
S. 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 twenty four (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 actual claims,
injuries, damages, losses or suits including all legal costs and attorney fees
but excluding incidental, special, consequential or indirect damages not
related to unreasonable delay of the Contractor, arising out of or in
connection with the performance of the party's work required under this
Agreement, except to the extent the injuries and damages are caused by
the negligence or willful misconduct of the other party. City further agrees to
indemnify, save harmless and defend Comcast from payment of any federal,
state, or local taxes or contributions or compensation imposed under
unemployment insurance, social security, income tax, labor, and any other
laws with respect to City's employees, agents, or contractors engaged in the
performance of the Work.
The indemnification from Comcast to the City shall include all actual
claims, injuries, damages, losses or suits from third parties but excluding
incidental, special, consequential or indirect damages not relating to
unreasonable delay of the Contractor, arising out of the work performed by
Comcast in the trench, except and to the extent such 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.
Page 5 of 10
82
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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE PARTIES HEREBY ACKNOWLEDGES AND AGREES THAT
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO FRUSTRATION OF ECONOMIC OR
BUSINESS EXPECTATIONS, LOSS OF PROFITS, LOSS OF CAPITAL, COST OF
SUBSTITUTE PRODUCT(S), FACILITIES OR SERVICES, DOWN TIME,BUT NOT
INCLUDING UNREASONABLE DELAY OF THE CONTRACTOR, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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, sub-consultants 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
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; 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 insured's 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
Page 6 of 10
83
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.
S. 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 it's 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. TERM AND TERMINATION.
A. The initial term of this Agreement shall be no more than five (5)
years from the date this Agreement is executed by both parties hereto.
Provided neither party has terminated this Agreement pursuant to
subsections (b) or (c) below, the Agreement may be renewed by the parties
upon mutually agreed upon terms.
B. Either party shall have the right to terminate this Agreement for
its convenience by providing the other party written notice sixty (60) days
prior to the date termination is desired; provided, that City shall not have the
right to stop Work on the Improvement Project prior to the stated
termination date. Comcast shall pay City for all Work completed prior to the
termination date, less any monies already paid by Comcast.
C. Either party may terminate this Agreement for default in the
event the other party has failed to satisfy its obligations under the
Agreement, and fails to remedy either such problem within twenty (20)
business days after receipt of written notice of default.
10. 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
Page 7 of 10
84
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.
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.
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,
Page 8 of 10
85
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.
Page 9 of 10
86
IN WITNESS WHEREOF, the parties below have executed this
Agreement.
COMCAST 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:
COMCAST CITY OF KENT
Comcast City of Kent
4020 Auburn Way N 220 Fourth Avenue South
Auburn, WA 98002 Kent, WA 98032
Attn: Bill Walker Attn: Mark Madfai
253 288-7531(Desk) (253) 856-5521 (Desk)
(206) 571-8893 (Cell) (253) 856-6500 (Fax)
(253) 288-7500 (Fax)
With a copy to: APPROVED AS TO FORM:
Comcast Cable Communications, LLC
One Comcast Center, 50th Floor
Philadelphia, PA 19103 Kent Law Department
Attention: Cable Law Dept - Operations
Page 10 of 10
87
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASH IN GTO N Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: April 3, 2013
To: Chair Elizabeth Albertson and Public Works Committee Members
PW Committee Meeting Date: May 6, 2013
From: Mark Howlett, P.E., Design Engineering Manager
Through: Chad Bieren, P.E., City Engineer
Subject: SE 256th Street Improvements - Joint Utility Trench Agreement
with CenturyLink
Motion:
Move to recommend Council authorize the Mayor to sign a Joint Utility
Trench Agreement between the City of Kent and CenturyLink for the
underground conversion of overhead utilities on the SE 256th St. Project,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
Summary:
As part of the SE 256th Street Improvement project, the City requires
undergrounding of the existing overhead utility lines, consistent with Kent City Code
7.10.030. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink
and Comcast. Agreements with each of these companies is necessary to establish
construction requirements and reimbursable of costs for the underground
conversion.
This agreement is between the City of Kent and CenturyLink.
Budget Impact:
Costs associated with this agreement will be part of the construction costs of the
project, and are governed by RCW 35.99.060.
88
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89
JOINT TRENCH AGREEMENT
Between the City of Kent and Century Link
for SE 256u' St Improvements
THIS AGREEMENT is entered into between the City of Kent, a Washington municipal
corporation ("City"), and CenturyTel Services Group LLC a Louisiana Limited Liability
Company("Century Link").
RECITALS
WHEREAS, the City is undertaking right-of-way improvements to SE 256t' St. between
116t' Ave. SE and Kent Kangley Road (SR516), (the "Project') and
WHEREAS, Under RCW 35.99.060(3)(b), Century Link may seek reimbursement from
the City for the additional incremental cost of aerial to underground relocation compared to
aerial to aerial relocation if Century Link is a service provider with an ownership share in the
aerial supporting structures; and
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, Century Link, and PSE facilities.
This trench will be placed along the north side of SE 256t' St between 106t' Ave SE and 116t'
Ave SE. There will be approximately five (5) trench crossings of SE 256t' ST to serve
customers on the south side of the street. All utilities will use these trenches.
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 Century Link 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
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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.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Century Link shall provide engineering drawings to the City. 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. Century Link 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. Century Link 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 Century Link. Parties hereto acknowledge and agree
that Century Link 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. Century Link
shall be responsible for providing traffic control during installation of facilities not associated
with the controlled open trench area
D. Century Link Coordination. Century Link shall maintain continued coordination
with the contractor regarding the installation of Century Link'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 Century Link 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 contractor
controlled open trench and vaults.
4. COMPENSATION
A. Trench costs. The incremental cost difference associated with the conversion of
existing Century Link aerial facilities to underground that are subject to the provisions of
RCW35.99.060 will be borne by the City. In lieu of reimbursement for the relocation of the
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existing Century Link aerial facilities subject to RCW 35.99.060, the City will provide trench,
trench bedding, and installation of Century Link-provided conduit and vaults, backfill,
restoration, survey, and traffic control at no cost to Century Link. Century Link will provide all
necessary conduit and vaults and install cables, perform splicing and service cutover and remove
the existing aerial facilities at no cost to the City.
B. Defective or Unauthorized Work. 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 Century Link's written approval. If
for any reason Century Link feels it is necessary to correct defective or unauthorized work it
shall notify the City immediately. The City and or its contractor shall correct the work at the
City's cost.
5. CHANGES.
If Century Link requests any upgrades to the work required to perform the aerial to
underground conversion Century Link 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 a price from
the contractor to perform the work, and notify Century Link of this price. Century Link shall
have 24 hours from receiving the price from the City within which to respond. If Century Link
chooses not to accept the contractor's price then this work shall only be performed by Century
Link 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.
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7. INSURANCE.
The contract between the City and the contractor shall require that the contractor procure and
maintain for the duration of the Agreement, 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. Minimum Scope of Insurance
Contractor 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)
form 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 and personal injury and advertising injury. The City
shall be named as an insured under the Contactor's Commercial General
Liability insurance policy with respect to the work performed for the City.
3. Excess Liability insurance covering both the Commercial General Liability
and Automobile policies.
4. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liabilitv 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
$2,000,000 products- completed operations aggregate limit.
3. Excess Liability insurance shall be written with limits no less than $4,000,000
per occurrence and $4,000,000 aggregate in excess of the CGL policy cited
above.
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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:
1. The Contractor's insurance coverage 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 Contractor's insurance and shall not contribute with it.
2. The Contractor'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 and Century Link shall both be named as additional insureds on all
policies (except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City and Century Link as
additional insureds shall be attached to the Certificate of Insurance. The City
reserves the right to receive a certified copy of all required insurance policies. The
Contractor'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. Contractor's Insurance for Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever
to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles
owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as
to any temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-
subcontractors, agents and employees, each of the other, for damages caused by fire or other
perils to the extend covered by Builders Risk insurance or other property insurance obtained
pursuant to the Insurance Requirements Section of this Contract or other property insurance
applicable to the work. The policies shall provide such waivers by endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
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endorsement, evidencing the Automobile Liability and Commercial General Liability insurance
of the Contractor before commencement of the work.
H. Subcontractors
Contractor 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 Contractor.
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. No 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. 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 8 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.
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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.
L 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.
CENTURYLINK CITY OF KENT
Print Name: Print Name:
Title: Title:
DATE DATE
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CENTURY LINK CITY OF KENT
Century Link City of Kent
23315 66th Avenue South 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
Attn: Warren Perkins Attn: Chad Bieren
(253)372-5325(Desk) (253) 856-5534 (Desk)
(877) 517-5712 (Pager) (253) 856-6500 (Fax)
(253)372-5176 (Fax)
APPROVED AS TO FORM:
Kent Law Department
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Exhibit A
SE 256t' Street Joint Trench Agreement
The City of Kent shall excavate trench and place Century Link conduit and utility vaults,
sand bed all conduit, backfill and compact all trenches as noted on Century Link design --
---and as detailed in the following"Trench Costs, Conduits and Shared Costs by
Stationing"table incorporated into this agreement. The City's contractor shall proof all
newly placed conduit by passing a Century Link approved mandrel though each conduit
and placement of a Century Link provided polyethylene pull/measuring tape in each
conduit.
The City's contractor shall provide Century Link with the end of conduit to end of
conduit measurements as noted on the Century Link provided polyethylene measuring
tape for each new conduit placed. Century Link will provide all conduit, utility vaults
and polyethylene pull/measuring tape for placement by the City's Contractor. Century
Link will pull all conductors in new conduit systems upon completion and Century Link
acceptance of conduit and utility vault placement by the City's contractor and perform
cutover of the telephone service from the existing telephone system to the new system.
The conduit and utility vaults will not be considered approved and accepted by Century
Link until all newly placed conduit has been proofed and measured with measurement
provided to west and until all vaults have been cleaned of debris, seams grouted and
ladders cut to length and placed in the vaults. The City's contractor shall adjust all utility
vault frame and covers or entrances to final grade. Century Link will provide and place
all above ground telephone pedestals and cabinets and provide all excavation for splice
pits required to facilitate cutover to the new telephone system.
EXHIBIT A-JOINT TRENCH AGREEMENT—SE 256'St
(between City ofKent and Century Link)