Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Committees - Public Works/Planning - 06/17/2013 (3)
I Public Works Committee Agenda • Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair KENT June 17, 2013 4:00 P.m. Item Description Action Speaker Time Page 1. Approval of Minutes Dated June 3, 2013 YES None 03 03 2. Information Only/Recycling & Kent Litter NO Gina Hungerford 05 07 Free Event Summary 3. Puget Sound Energy Conversion Schedule 74 YES Beth Tan 05 09 Design Agreement/State Route 516 to S. 231" Way Levee Project 4. 1121h Avenue Watermain/Joint Utility Trench YES Dave Brock 05 17 Agreement with CenturyLink 5. Central Avenue South Pavement Preservation YES Mark Howlett 05 29 Acceptance of Federal Grant 6. SE 2561h St Improvements - Puget Sound YES Mark Madfai 05 33 Energy Project Construction Agreement 7. SE 2561h St Improvements - Joint Utility YES Mark Madfai 05 55 Trench Agreement with Comcast 8. SE 2561h St Improvements - Joint Utility YES Mark Madfai 05 81 Trench Agreement with CenturyLink 9. Information Only/Neighborhood Traffic NO Rob Knutsen 15 91 Calming - Update 10. Information Only/Kent Bridge Report NO Dave Brock 10 93 11. Information Only/Citizen Committee NO Cathy Mooney 10 95 Overview 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. z This page intentionally left blank. 3 PUBLIC WORKS COMMITTEE MINUTES June 3, 2013 Committee Members Present: Committee Chair Elizabeth Albertson and Committee members Dennis Higgins and Dana Ralph were present. The meeting was called to order at 4:06 PM. Item 1 — Approval of Meeting Minutes Dated May 20, 2013: Committee member Higgins MOVED to approve the minutes of May 20, 2013. The motion was SECONDED by committee member Ralph and PASSED 3-0. Item 2 — Tacoma Water Supply: Interim Water Superintendent, Kevin Swinford briefly explained that in early 2007 the second supply pipeline was complete and ready to deliver water to its partners. Additional Water Second Supply Project (AWSP) was authorized to start storing 20,000 acre feet. of water behind the Howard Hanson Dam for municipal use. The Fish Passage Facility for the migration of fish has been delayed and as a result the partners negotiated an agreement with the regulatory agencies National Marine Fisheries and US Fish and Wildlife and tribes to annually donate one half or 10,000 acre feet of this storage, until the fish passage is completed. Higgins asked what the rough value of the water is. Swinford stated it is hard to say because wholesale water and retail rates are different and hard to put an amount on it. Higgins noted that he would like to get a dollar amount when this item comes back to committee next year. Committee member Ralph MOVED to recommend Council authorize the Mayor to approve the annual release of one half of Kent's share of water associated with the Additional Water Second Supply Project (AWSP) subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by committee member Higgins and PASSED 3-0. Item 3 — South King County Regional Water Association Second Amendment to the Agreement: Interim Water Superintendent, Kevin Swinford noted that the South King County Regional Water Association (SKCRWA) was formed about 30 years ago and that the City of Kent was one of the founding members. The association includes, cities and water districts serving urban areas south of Seattle, and was formed to provide a greater voice when addressing suburban water issues. 4 PUBLIC WORKS COMMITTEE MINUTES June 3,....2013.... Swinford stated that with rapid growth in the 1980's the initial efforts focused on evaluating and locating water supply opportunities that would meet existing and future needs within the region. Today, the SKCRWA primarily addresses regional water rights issues. The proposed amendment would be executed to clarify the short-term purpose of the association, which is to coordinate on mutual interests. Several questions were asked of staff from committee members. It was decided that further clarification on the contract scope of work needs to be presented to committee before a motion could be made. No Motion Made Item 4 — Purchase Water Valve Exerciser: Interim Water Superintendent, Kevin Swinford noted that the Water Mains and Services Division annually turns approximately 1,500 valves by hand, which is time consuming and physically demanding. Swinford stated staff researched various ways to turn valves and looked for the most cost effective and efficient method and found that the hydraulic valve exerciser would increase efficiency by reducing the time it takes to exercise valves as well as reduce the potential for workplace injuries related to repetitive motion. Committee member Higgins MOVED to recommend authorization to purchase a Hurco SD800 Versatile Valve Exerciser from Sahlberg Equipment Company in an amount not to exceed $24,856, 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 5 — Bid/SE 256th Street: Public Works Director, Tim LaPorte stated that we received 10 very competitive bids for this project. He noted all the bids were tightly grouped which is a good indication of a well understood set of plans and specifications. The municipal engineering ratio is on par for projects of this type. As such we are now able to more precisely estimate the total project costs. LaPorte went through the history of the project and how we got to where we are. He discussed that if the undergrounding portion of the project is left out it will be quite costly to do it at a later date, as everything would have to be torn up. Higgins stated he is in favor of removing the sidewalk planters, landscaping and undergrounding from the project. Albertson stated she is not in favor of cutting the undergrounding. 5 PUBLIC WORKS COMMITTEE MINUTES June 3,....2013.... There was discussion about how to fund the shortfall. Ralph asked if we could give back the Transportation Improvement Board (TIB) money. LaPorte noted that the TIB has extended the agreement by 1.5 years because we are good partners and that we could return the TIB money; however, we won't be able to get it back. There was discussion about the decision to fund the project, in any manner and if we do, would it be setting a precedent? This item was added to "Other Business" at the June 4, 2013 City Council meeting. Item 6 — SE 256th Improvements — Puget Sound Energv Proiect Construction Agreement• This item will be brought back to the next Public Works Committee meeting on June 17, 2013. Item 7 — SE 256th Improvements — Joint Utility Trench Agreement with Comcast• This item will be brought back to the next Public Works Committee meeting on June 17, 2013. Item 8 — SE 256th Improvements — Joint Utility Trench Agreement with CentryLink: This item will be brought back to the next Public Works Committee meeting on June 17, 2013. Added Item: Bill Doolittle stated the Union Pacific Railroad eastbound rail is exposed and is like hitting a 2x4 when you cross the tracks. He also stated that he thought the Burlington Northern Railroad job was done very nicely on Smith Street. Doolittle asked why all the restrictions on Gowe Street on Mondays? Staff stated the restrictions are due to the street sweepers that sweep the downtown core of the city between 4:00 a.m. — 7:00 a.m. Monday — Thursday. Doolittle asked if he was able to purchase a City flag a large one or a small hand held one. This will be looked into further. The meeting was adjourned at 6:28 p.m. Cheryl Viseth Council Committee Recorder 6 This page intentionally left blank. 7 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: June 12, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 2013 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, AICP, Environmental Conservation Supervisor Chad Bieren, P.E., City Engineer Subject: Information Only/Recycling & Kent Litter Free Event Summary Motion: Information Only/No Motion Required Summary: The city of Kent hosted a Recycling Event/Recycled Content Products Sale for Residents on June 1 at the Phoenix Academy parking lot. A record number of 1,245 vehicles came through, bringing 91 tons of recyclable items which will be processed and manufactured into new products. In addition, 82 Composters, 66 Rain barrels, and 63 Worm Bins were sold. The Recycling event was paid for by grants from King County's Solid Waste Division and Local Hazardous Waste Management Program, and Washington State Dept. of Ecology grants. Following our recycling effort, the City hosted the first "Litter-Free Kent Event" on June 8. Thanks to the many volunteers that participated, the City is much cleaner. Kent has great people that care about their community and are willing to give up of their time to roll up their sleeves and make a difference. Budget Impact: No impact. 8 This page intentionally left blank. 9 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 30, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 2013 From: Beth Tan, P.E., CFM, Environmental Engineer Through: Chad Bieren, P.E., City Engineer Subject: Puget Sound Energy Conversion — Schedule 74 Design Agreement State Route 516 to S. 2315t Way Levee Project Motion: Move to recommend Council authorize the Mayor to sign a Design Agreement for the State Route 516 to S. 231' Way Levee Project an amount not to exceed $20,000 upon concurrence of the language therein by the City Attorney and Public Works Director. Summary: Portions of the SR 516 to S. 231't Way Levee adjacent to the Lakes Community require new construction in order to meet federal levee safety standards. The area along the Condominium Associations of Bridgewater III, Bridgewater IV, and Regatta at the Lakes, needs to be reconstructed and will require relocation of overhead utilities to underground. A Puget Sound Energy (PSE) overhead power line will be converted to underground and relocated landward of the proposed secondary levee prism. The PSE design agreement provides for design of the power conversion to underground. Costs to convert the power lines to underground would be part of the levee reconstruction project, which would be completed under agreement with the Flood District. The conversion with PSE is governed by Schedule 74 Tariff G, administered by the Washington State Transportation Commission. Pursuant to the tariff PSE will pay 60% of the conversion and the city pays 40%. The city also provides the trench and backfill. Budget Impact: There will be no unbudgeted fiscal impacts, as this contract was anticipated when the 2013 budget was developed. The contract will be paid through the stormwater utility. 10 SCHEDULE 74 UNDERGROUND CONVERSION Project Design Agreement Project Name: Upper Russell Rd (SR 516 to 2W1 Way) Schedule 74 Conversion Work Order Number: 101079989 l"HIS 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. R. The Government Entity is considering conversion of the Company's existing overhead electric distribution system to a comparable underground electric distribution, as more specifically described in the Scope of Work(as defined in paragraph 2, below)furnished to the Company by the Government Entity (the"Conversion Project"). C. The Government Entity has requested that the Company perform certain engineering design services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable Project Plan (as defined in paragraph 6, below)for the conversion Project, in accordance with and subject to the terms and conditions of this Agreement(the"Design Work"). 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 Design Work for the Conversion Project. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Unless specifically doftned otherwise herein, sli terms defined in Schedule 74 shall have the same meanings when used in this Agreement. 2.. "!'he (,overnment Entity shall, within ten (10) business days after the date of this A(Woement, provide the Company with a written scope of work for the Conversion P.ojetA which includos, among other things, (a)a reasonably detailed descfilrfion of the scope of the work required Ior'the Conversion Project, (b) a list of the key milestone dates for the Conversion Project, (c,) reasonably detailed drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a, statement as to whether the Govomrrreut Entity desires to install the ducts and vaults for the Conversion Project(the"Scope of Work"). The Government Entity shall provide the Company two (2) hard copies of the Scope of Work and a copy of the relevant electronic fik:(s)in a mutually agreed electronic format. 3. vVithin ten (10) business days of its r aceipt of the Scope of Work, the Company shall prepare and submit to the Govomment Entity(a) a reasonably detailed, good faith ostirnsate of the cnst to payrform the Design Work(the"Design Cost Estimate"), and (b) a proposed schedule for completion of the Design Work which, to the extent reasonably practicable, roflects the applicable key milestone dates Design Agrecmont,Attachment"A" to Schedule 14, Page 1 City of Kent._Upper Russell Rd Conversion 11 specified in the Scope of Work and provides for completion of the Design Work within ninety (90) business days from the date the Company receives the.Government Entity's notice to proceed under paragraph 5, below(the"Design Schedule"). The proposed Design Cost Estimate and the proposed Design Schedule shall be based upon the then-current Scope of Work. Unless otherwise specified in the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property rights but shall include preliminary planning between the Company and the Government Entity regarding their respective obligations for negotiating and acquiring third party property rights. 4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost Estimate and the proposed Design Schedule from the Company, the Government Entity and the Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the proposed Design Schedule; (c) review the Scope of Work, and(d) make any changes necessary to create,a final Scope of Work, final Design Cost Estimate, and Final Design Schedule that are reasonably acceptable;to both parties. If the parties are unable to agree upon a final version of the Scope of Work, Design Cost Estimate;, andlor Design Schedule, then either party may, by written notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The final Scope of Work. Design Cost Estimate and Design Schedule, once determined in accordance with this paragraph 4, rimy thereafter be changed or amended only in accordance with the change procedures set forth irr paragraph 13, below. 5. The Government Entity shall,within ten (10) business days after determination of the final of the Scope of Work, Design Cost Estimate, and Design Schedule, Issue (a) a written notice to proceed which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or(b)a written notice to terminate this Agreement without cost to the Government Entity. If the Government Entity terminates this Agreement, tire;coasts incurred by the Company in preparing and submitting the Design Cost Fstimate and the Design Schedule shall not be reimbursable to the Cor'npany, and the rights and obligations of the parties under this Agreement shall be terminated in their entirety and without liability to either party. 6. Following the Company's receipt of the notice to proceed, and within the applicable time period specified in the Design Schedule, the Company shall, with the cooperation and assistance of the Government Entity as outlined in this Agreement, prepare;ra project plan for tihe Conversion Project (the"Project plan")which shall inelude, among other things, the following: (a)a detailed description of the work that is required to be performed by each party and any third party in connection with the Convorslon Project(the"Construction Work"), (b)the applicable rec{uiraments, drawings, and specifications for the Construction Work, (c) a description of any operating and other property rights ti gat rare required to bo Obtained by esc h party for the Conversion Project(and the; requirernants and apecificatior ae with respect theretc), (d) a dot€riled estinlate of the costs to be incurred by each pasty in its porfoi'fna rct�e:rf till C onstrurticn Vtecrk, and (P)a detailed sdiodule for completing the consti'ur Linn Woik (Including, without di)iiiation thy:dates for deli`✓e3y of th+)ducts milt vaults and of r , n1vir"'n'`I. fo¢ ose at the silte of the:Construction Work). I. The Gov&?,fofoEml Entity$bell be eLrpoadNe for coordinating tht;DGsign Wurk`°Mh nil other dc6itiin wet!,,.to be. (k9 Ni med in connectsrna uvith t!"re Conversion Project end e,,ny a and rued P12nned impri vefarents to the Pubilo Thoroughfare. i hs parties shall work ktgethapr in an effort to mitio-at the d os it s Of the (.tanv rsion PS iect to each party, including, vvithoi it,limitation, idCentii`yirtg way �to accommodate the'fecilitie,of the Cornpany to be instilled as part of the Corivardon Project within the Public Thoroughfare, 6. Within the applicable dune:p,--dod specitte d in the Design unite dulel Ins Company shall fx -°pare a`;nd submit to the Govarnirent Entity a proposed initi.el draft or the Project Plan. The purti, s understand and ackmawlrxigo that the proposed Projcc'Plilli submitted by the Company -h3ii be preliminary in mature;and (hall not include, without llrnitatior3, infnunrition requirort so ba supplied by the Gove.mrof.ni Entity(e.g., scr op€t and estimatry of the:cost of the t.onstructlon Work to h; performed by the Govarriment 8-nfity). Design Agra m nt, At chroont"A' to Schcoulo 14, Page2 it° or k.eni -Upper Russell Rd Curry nr tills 12 9. Within the applicable time period specified in the Design Schedule, the Government Entity shall (a) review the proposed Project Plan submitted by the Company, (b)complete any information required to be supplied by the Government Entity, (c) make any changes required to conform the proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project Plan to the Company. 10. Within the applicable time period specified in the Design Schedule, the Company shall review the amended Project Plan submitted by the Government Entity and notify the Government Entity in writing of either the Company's acceptance of, or the Company's specific objections to, the amended Project Plan. If the Company makes any objection to the amended Project Plan, and the parties are unable to resolve the objections and mutually agree upon the Project Plan prior to the final design date specified in the Design Schedule, then either party may, by written notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project Plan, as mutually agreed upon by the parties or established through the dispute resolution process, shall be attached to and incorporated in a Project Construction Agreement substantially in the form attached hereto as Exhibit A(the"Construction Agreement")which is to be signed by the parties prior to commencement of the Construction Work. 11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform to the following requirements: (a) 'The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify that the Government Entity shall install the ducts and vaults for the Conversion Project; provided that(i)the parties mutually agree upon and set forth in the Project Plan (A) the costs of such installation work to be included in the Cost of Conversion, and(S)the specifications and standards applicable to such installation work, and (ii) such installation work is accomplished by the Government Entity in accordance with the applicable design and construction specifications provided by the Company and set forth in the Project Plan. (b) Each estimate:of the costs to be incurred by a party shall, at a min€rnum, be broken down by (i)the design and engineering costs, (ii) property and related costs, including any costs of obtaining operating rights, and (iii)construction costs, including and listing separately inspection, labor, materials, and equipment. (c) All facilities of the Company installed as part of the Conversion Project shall be located, and all related property and operating rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74. Tho Project Plan shall describe in detail the location of such facilities, any related property and operating rights required to be obtained, and the relative responsibilities of the parties with respect thereto. (d) The schedule set forth in the Project Plan for eornpieting the Construction Work shall include, at a minimum, milestone time freriods for completion of the Trenching, installation of ducts and vaults, the construction and romovai of any Ternporary Service, and the removal of overhead facilities. (e) The Project Man way include the specification of worn and requirements for Government- Roqueeied upgrades end Company Initiated Upgracics; provided, however, that the costs incurred by the Company with respect to the design and engineering of Company-Initiated Upgrades shall not be included in the costs reimbursable to the Company under this Agreement or the Construction Agreement. For purposes of the foregoing, (i) the term "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 ropiaced,and (ii)the term "Company-Initated Upgrade" shall moan 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 overhear distribution systern being replaced. For Design Agreement, Attachment"A"to Schedule 74, Page 3 City of Rent®Upper Russell Rd Conversion 13 purposes of subparagraph (id), above, 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 IT'or less)of such diarneter and number as may be specified and agreed upon in the final Scope of Work necessary to replicate the load-carrying capacity(system amperage class) of the overhead system being replaced. For purposes of subparagraph (i), above, any empty ducts installed at the request of the Government Entity shall be a Government-Reques'M Upgrade. (f) The Project Plan shall set forth all specifications, design standards and other requirements for the Construction Work and the Conversion Project, including, but not limited to, the following: (i)applicable federal and state safety and electric codes and standards, (ii)applicable construction and other standards of the Company, and (iii)applicable street design and other standards of the Government Entity which are in effect as of the commencement of the Conversion Project. 12. Upon request of the Government Entity, and in any event at the times specified in the Design Schedule, the Company shall provide periodic reports which compare the actual costs of the Design Work incurred to that point in time to the Design Cost Estimate, as changed or amended in accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in accordance with paragraph 13, below, the Company shall notify the Government Entity immediately. Upon receipt of the Company's notice, the Government Entity may, at its option, (a) notify the Company in writing that this Agreement is terminated; or (b) request a reasonably detailed explanation supported by docurnentation(reasonably satisfactory to the Government Entity)to establish that the actual costs in excess of the Design Cost Estimate are: (i) reasonable, (ii) consistent with the Scope of Work, and (iii) consistent with sound engineering practices. If the Government Entity requests an explanation, the Government Entity shall, within ten (10) business days after receipt of the explanation, (a) change the Scope of Work in accordance with paragraph '13, below, or (b) direct the Company to continue with the Design Work without a change in the,rope of Work, but reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid the Company under paragraph 14, belole, in accordance with the dir=puce resolution procedures in palogk'aph 'ifl, beInw, or (c) direct thu Company to discontinur<:performing the; Design Work ponuing r,solution, pursuant to p aragi aph 16, bnlo'w, of any dispute regarding the reasori4abl nS r= of the mats, in which event the Design S.hr dupe will bu aciuste d to ref er;t the delay, or ( i) iraffy the Company iii rarr'iung that this Agre.cme:nt ie terrnsnated. in tic^event rho Goverra,iiont Entity terrninattes this Agree rnent or ,r confinues the performance of the Design Work under subparagraph (c),above, for more than ninety(gd)days, the Govenirnent Entity shall pay the Cor`ipany for :ail costs incurred by the Company in it, performance of the Design Work prior to the date the Company receives ftro Government Litiiy's notice of tanoination, plus any costa Incurred by the Onniparry for matsrirtis and other rums ordered or procured by the Company with the pi for of the Ssovei Tiinent f: ri ity in order to m'u t Vie f chedul'a for the Conversion Project.. The Foregoing payment of igation shall Survive any tfmnin di:on of this Agreemen'r Desigo Agreeni on , Attc.ohi nfint"A'to Schedule 741. Rage 4 City u€KcInt Lipper Run mall .G OcrvvcOon 14 16. Dispute Resolution Procedures: (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 the Scope of Work, Design Cost Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10, above; or any Request for Change(including, without limitation, any associated equitable adjustment) under paragraph 13, above; and is not resolved by senior management within the time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association them 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 paragraph 16, 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 by the other party. (d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their respective obligations under this Agreernent during the pendency of any dispute. 17. in the event that either party is prevented or delayed in the performance of any of its obligations tinder this Agreement by reason beyond its reasonable control (a"Force Majeure Event"), then that party's performance shall be excused during the Force Majoure, Event. Force Majeure Events shall include, without limitation, vvar; civil disturbance;filood, earthquake or other Act of trod; 9,tortyi, earthquake or other condition which nocessitatos 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; sat otnpe; strikes or similar labor disputes involving personnol of a party, ilts 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 Majeutc Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Fvent, the party claiming a force Majuure Event shall promptly perronn the af'rected obligations in an orderly and expedited manner under this Agreernent 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. 18. 1`his Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's cleric Tarifr G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation fommission and in effect as of the date of this Agreement. Design Agrcorncnt,Attachni tit"Ai'to Schecirrle 74, Page 6 City of rent-- Upper Runsoil Rd Oonver;sinsi 15 19. 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 400 West Gowe St. Kent, WA 98032 Attn: Beth Tan Fax: 253-856-6500 if to the Company: Puget Sound Energy, Inc. 6905 S. 228`h St, Kent, WA 98032 Attn: Doug Corbin Fax: 253-395-6882 Either party may change its address specified in this paragraph by giving the other party notice of such change in accordance with this paragraph. 20. 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. 21. 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. 22. 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 FI+1FRGY, INC. ITS ITS fvir.nicipal Liaison Manager Gate Date Signed Approved as to form: Dan ign Agreement, 1kru2 i"hinent"A" to>`�chei`Iuie 74, i-'age � City of gent a tripper Pusseif Rd Cronvorslon 16 This page intentionally left blank. 17 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: June 17, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 2013 From: Dave Brock P.E., Utilities Engineer Through: Tim LaPorte P.E., Public Works Director Subject: 112th Avenue Watermain - Joint Utility Trench Agreement with CenturyLink Motion: Move to recommend Council authorize the Mayor to sign a Joint Utility Trench Agreement with CenturyLink for the installation of CenturyLink infrastructure as part of the 112th Avenue Watermain project, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City's 112th Avenue Watermain project will include installation of new watermains and conduit within SE 236th Place. CenturyLink has a need to install additional infrastructure within this roadway, and would like to do so in partnership with the City's project. Entering into this Agreement allows a coordinated effort for locating each party's infrastructure under the same contract. This reduces the overall impact to neighbors and reduces the cost of completing the work as separate projects. Budget Impact: CenturyLink will be required to pay the City all costs associated with the installation of its infrastructure in the joint trench and a proportionate share of the restoration costs. 18 This page intentionally left blank. 19 DRAFT UTILITY TRENCH AGREEMENT Between the City of Kent and CenturyLink for the Watermain improvements along SE 236th Place 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"). The City and Century Link are referred to separately as a "Party" or together as "Parties". RECITALS WHEREAS, the City is making certain improvements within SE 236th Place in Kent, Washington ("Improvement Project"). The Improvement Project will include the excavation of trenches and placement of City facilities in the trenches ("City Facilities"). WHEREAS, Century Link desires to install new lines in the same locations in which the City is performing the Improvement Project and installing City Facilities. WHEREAS, the installation of Century Link facilities shall include boring and/or the excavation of trenches, placement of Century Link facilities (as specifically designated and/or provided by Century Link) 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 Century Link facilities (jointly "Facilities"). AGREEMENT To facilitate construction of the 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 and Century Link facilities. This trench will be placed along SE 236th Place from the west side of 112th Avenue SE easterly to within the City's Blue Boy reservoir site. All utilities will use these trenches. 2. CONTRACTOR REQUIREMENTS Page 1 of 10 20 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 Century Link 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. Century Link 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. Century Link shall be responsible for supplying conduits and vaults for the Contractor's installation within the joint trench. Century Link shall install the conductors within Century Link conduits after the completion of the joint trench work. Century Link shall be responsible for any trenching and installation of facilities outside of the joint trench area. Century Link shall coordinate with the City's contractor in accordance with subsection 3.D. All right, title and interest in the Century Link facilities and associated equipment shall at all times remain with Century Link. C. Traffic Control. The City's Contractor shall provide all traffic control associated with installation of Facilities within the joint trench area. Century Link shall be responsible for providing traffic control during installation of Century Link facilities not associated with the joint trench area. D. Century Link Coordination. Century Link shall maintain reasonable and continued coordination with the Contractor regarding the installation of Century Link 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 Century Link conduits. Page 2 of 10 21 3. Trenching and installation of Century Link 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, Century Link shall provide for survey outside of the joint trench area. F. Election Not to Proceed. If Century Link elects not to proceed with the Work, Century Link shall obtain a permit for the installation and remain liable for installing the Century Link Facilities within the approved permit at the time frame specified on the permit. Century Link shall also be responsible for any City costs associated with re-designing the trench to remove Century Link work from the project. 4. COMPENSATION Trench costs. Century Link 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 Century Link agrees to pay the City for its portion of the actual construction costs. A. Survey. Century Link 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 Century Link facilities. B. Traffic Control. Century Link agrees to pay the City a proportionate share of traffic control costs related to the joint trench areas where Century Link facilities are present. The proportionate share shall be based on the trench usage as shown in Exhibit A. Century Link shall be responsible to provide all traffic control during installation of Century Link facilities not associated with the joint trench area. C. Additional Expenses. Century Link agrees to pay their proportionate share of additional expenses incurred due to Century Link's approved change requests requiring additional trench depth or width, and for unforeseen conditions, including but not limited to dewatering for ground water. Century Link will not pay for any share of additional expenses incurred due to approved change requests from the City or any City- contracted third party. Page 3 of 10 zz D. Claims by Contractor. Century Link agrees to pay the entire cost of any claims made by the Contractor that are directly caused by Century Link's unreasonable or unforeseeable actions, including but not limited to unreasonable delays caused by installing Century Link facilities, unforeseeable delays caused by Century Link providing materials, or any other unreasonable conflicts between the Contractor and Century Link's contractor. E. Vaults. Century Link agrees to pay for the excavation, site preparation, and installation of the vaults being installed for Century Link's exclusive use ("Century Link 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 Century Link. The cost to excavate for and install Century Link Vaults will be finalized after completion of construction and Century Link agrees to pay the City for actual construction costs. The parties will work with the Contractor to keep the cost of the Century Link Vaults as close as reasonably possible to the approved preliminary bid. F. Invoice. Century Link 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 Century Link has agreed to pay under this Agreement. G. Defective or Unauthorized Work. Per the terms of the agreement between the City and Contractor, Century Link 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 Century Link's approval. If for any reason it is necessary to satisfactorily complete any portion of the work, Century Link may complete the work using its own means and the City shall ensure that its Agreement with Contractor makes Contractor liable to Century Link for any additional costs incurred by Century Link hereunder. "Additional costs" shall mean all reasonable costs incurred by the parties beyond the price included in the bid accepted by the City. Century Link 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. 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. Page 4 of 10 23 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 an estimated price from the Contractor to perform the work, and notify Century Link of this estimated price. Century Link shall have twenty four (24) hours from receiving the estimated price from the City to respond. If Century Link chooses not to accept the Contractor's estimated 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 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 Century Link 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 Century Link 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 Century Link 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. 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. Page 5 of 10 24 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 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. Page 6 of 10 25 The City and Century Link agree that as to future projects, by entering into this Agreement neither party has waived any rights it may have, under other existing agreements or state law and the City and Century Link expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Century Link'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 Century Link's obligation to underground and enter into a writing pursuant to any other agreement, and parties understand and agree that the terms and conditions of this Agreement shall not be considered as a basis for future projects that may be required. 9. TERM AND TERMINATION. A. The initial term of this Agreement shall be no more than one (1) year 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. Century Link shall pay City for all Work completed prior to the termination date, less any monies already paid by Century Link. 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 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 Page 7 of 10 26 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, 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 Page 8 of 10 27 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 28 IN WITNESS WHEREOF, the parties below have executed this Agreement. CENTURY LINK CITY OF KENT Print Name: Print Name: Title: Title: DATE DATE 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 Page 10 of 10 29 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHIWGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 7, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 2013 From: Mark Howlett, P.E., Design Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Central Avenue South Pavement Preservation Acceptance of Federal Grant Motion: Move to recommend Council authorize the Mayor to accept a Federal Grant in the amount of $300,000 for the Design Phase of the Central Avenue South Pavement Preservation Project and direct staff to establish a budget for the funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The pavement along South Central Avenue between Willis Street and the South Central Bridge has numerous cracks, rutting and patches and is in need of repair. Because of the progressed deterioration of Central Avenue, this arterial requires more of a reconstruction than a simple overlay and will require appreciable design work including relocation of utilities before the road project can be advertised for bids. The road overlay itself will cost over $2 million. The future reconstruction project will repair failing pavement sections and provide a full width overlay of the roadway. The Public Works Department competed for and was awarded a $300,000 federal grant through the Puget Sound Regional Council for the Design Phase of the Central Avenue South Pavement Preservation Project. This funding will allow the City to complete the design and permitting phases of this critically needed improvement and will make this project more competitive for possible future funding opportunities. Budget Impact: The City will receive $300,000 of federal funding. Ami 30 Washington state Local Agency Federal Aid AP Department of Transportation Project Prospectus Date 5/10/2011 Prefix Route Federal Aid Central Contractor Prolect Number Registration Exp.Date Local Agency (Use Federal Employer Proiect Number `Use Only) Tax ID Number 91-6001254 Agency Federal Program Title CITY OF KENT ® 20,205 ❑ Other Project Title Start Latitude N47.377807 Start Longitude W122.230625 CENTRAL AVE S.PAVMT PRESERVATION End Latitude N47.365949 End Longitude W122.229939 Project Termini From--To Nearest City Name Project Zip Code Willis Street S.263nd St. I{ent _ _98032 From: To: Length of Project Award Type Willis St, S.262_St_ 0.73 miles ® Local El Local Forces El Statete E]] Railroad Federal Agency City Number County Number County Name ❑ FHWA ® Others STP/CMAQ 0615 17 KING Northwest Re ion Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO 9 33 1 PSRC Total Local Agency .Phase Start Phase Estimated Cost Funding ` Federal Funds Date Nearest Hundred Dollar (Nearest Hundred Dollar (Nearest Hundred Dollar) Month Year P.E. $347 821 $47 821 $300 000 07/2013 RNV Const. Total $347 821 $47,821 ' $300,000 Description of Existing Facility<(Existing Design and Present Condition), Roadway Width Number of Lanes 53 feet 5 Roadway has existing curb,gutter and sidewalk on both sides of existing travel way. Existing pavement has numerous surface reflective cracks,rutting, and settlement locations, due to failing patches and heavy vehicular use. Descri tion of Pro osed Work Description of Proposed Work(Attach additional sheet(s) if necessary) This project will remove and rehabilitate the existing roadway pavement to add service life to the roadway between Willis Street and South 262ud Street(Alder Lane). The project includes removal and replacement of failing pavement sections and a fall- width asphalt concrete pavement overlay of the entire roadway. Local Agency Contact Person Title Phone Mark Howlett Design Engineering Manager 253-856-5523 Mailing Address City State Zip Code 220 -4th Ave. S Kent I WA 98032 By Project Prospectus Approval Approving Authority Title Director of Public Works Date DOT Form 140-101 EF Page 1 of 3 ® Previous Editions Obsolete Revised 11110 31 Agency Project Title Date CITY OF KENT CENTRAL AVE S. PAVMT PRESERVATION 5/10/2013 Type of Proposed Work Project Type (Check all that Apply) Roadway Width Number of Lanes ❑ New Construction ❑ Path/Trail ❑ 3-R 53 feel 5 ® Reconstruction ElPedestrian/Facilities El2-R ❑ Railroad ❑ Parking ❑ Other ❑ Bridge Geometric Design Data Description Through Route Crossroad ® Principal Arterial ❑ Principal Arterial Federal ® Urban ❑ Minor Arterial ® Urban ❑ Minor Arterial Collector ® Collector Functional ❑ Coll - - -- I CIaSSIflCatlOn El Major Collector ❑ Major Collector ❑ Rural ❑ Minor Collector ❑ Rural ❑ Minor Collector ❑Access Street/Road ❑Access Street/Road '.. Terrain ®_Flat ❑ Roll ❑ Mountain IR Flat ❑ Roll ❑Mountain Posted Speed 40 25 Design Speed _ _ 45 -.. _ 30 Existin ADT 23300. _ 20,200 Design Year ADT _ Design Year - Design Hourly Volume (DHV) Performance of Work Preliminary Engineering Will Be Performed By Others Agency City of Kent % too % Construction Will Be Performed By Contract Agency Contractor 100 % % Environmental Classification ❑ Final ® Preliminary ❑ Class I-Environmental Impact Statement(EIS) ® Class II-Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 ® Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III-Environmental Assessment(EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations There will be little or no environmental impacts created by this project as no major exposure of the ground to the weather is planned. The roadway is currently wider full development. Using erosion and sedimentation control measures along the length of construction will provide protection during the project. i DOT Form 140-101 EF Page 2 of 3 Revised 11110 32 Agency Project Title Date CITY OF KENT CENTRAL AVE S. PAVMT PRESERVATION 5/10/2013 Right of Way ® No Right of Way Required ❑ Right of Way Required All construction required by the ❑ Relocation contract can be accomplished No ❑ Relocation Required within the existing right of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project No relocation or adjustments to existing utility structures will me required for this project. Minor grade adjustments to existing rims to match the new overlay will be required however. I i FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency CITY OF KENT Date By Mayor/Chairperson DOT Form i eF Page 3 of 3 Revisedd -10I1111 0 Previous Editions Obsolete 33 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: June 7, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 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 with 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 Code Chapter 7.10. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink and Comcast. Agreements with these companies are necessary to establish construction requirements and reimburement 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 tariff (Schedule 74, Tariff G) filed with the Washington Utilities and Transportation Commission. In this agreement PSE pays 60% of the overhead to underground power conversion and the city pays 40%. The city will also provide the trench and backfill. The costs have been budgeted and were included in the recent total project cost summary given to Council on June 4, 2013 34 This page intentionally left blank. 35 PU ET SOUND ENERGY The Energy To Do Great Things ''... Exhibit "A" Project Plan Schedule 74 Underground Conversion City of Dent — SE 256t" Street — (116th Ave SE to Dent Langley Rd) PSE Project Number: 101079845 May 7, 2013 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 256th Street-116th 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 of: ® 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. Scs�he This Conversion Project will replace PSE's existing overhead electrical distribution system with an Underground Distribution System within the following area SE 256'1' Street-He Ave to Lent Langley 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 till) 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 or [Cent SE 256°i St(116"'Ave SE to Kent Kangley Rd)Underground Conversion Page t PSE W.O.#101079845 36 PSE initiated upgrades included in this project consist of: The relocation of the existing J04 to J01 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 Prior Conversion Relocation Within 5 Years: Facilities installed on(116"'Ave. SE—SE 256" St. to SR-516: PSE Job Number 101027468) will be removed on (SE 256"' St.- 104"Ave. to 116t11 Ave: PSE Job Number 101061089). The "temporary facilities" are from Switch 2 (SW2 at grid number 313872-166495) to Pole at P27 (P27 at grid number 313884-166470). This cost also includes wire from J 17 (J17 at grid number 313872-166496) to Pole at P27 (P27 at grid number 313884-166470). The cost associated with the installation of the"temporary facilities" are covered on 116"'Ave. SE—SE 256"St. to SR-516: PSE Job Number 101027468) and were billed at 40% City and 60% PSE. Because these materials were installed for less than 5 years the 60% cost paid by PSE under Job number 101027468 is now being billed to the City on SE 256`h St. — 104t1'Ave. to 1161h Ave: PSE Job Number 101061089. The removal of the temporary facilities will also be billed to this project SE 256th St.— 104th Ave. to 116th Ave: PSE Job Number 101061089 at 100% city cost. 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 frorn 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. Raponsibilities of P ar ies Cd�esponslbil®tics 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, backfrll, off-site disposal, site restoration and coordination for installation of the Underground Distribution System. This includes trenching, backfill, and restoration for cut-over and transfer of existing underground system and service lines from the existing overhead distribution system to the new Underground Distribution System. e) Coordinate private property trenching, excavation and restoration activity with private property owners affected by this Conversion Project. City of Kent SE 256"'St(116"'Ave SE to Kent Kangtey Rd)Underground Conversion Page 2 PSEW.O.h 101079845 37 t) 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 smaller and five (5)business clays 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. Peet Sound EiiKEg Resporsibilities a) Provide all duct and vault materials, cables, electrical equipment and components necessary for installation of the Underground Distribution System. b) Following notice from the City, deliver or cause to be delivered all duct and vault materials to the designated staging/storage area(s). Acknowledge delivered quantities and condition of duct and vault materials by signing shipping manifests. City of Keut SE 2561h St i116i°Ave SE to Kent Kangley Rd)Underground Conversion Page 3 PSE W.0.8 101079845 38 c) Following notice from the City, provide inspection services needed for overseeing the proper installation of ducts and vaults by the City. d) Accept delivery of the completed duct and vault system once the new system has been proofed (as described above)by the City. PSE will provide a mandrel to the City to be used in proofing of the duct and vault system. e) Provide PSE electrical workers to complete duct installation and proofing when such work is performed at or in any energized vault containing energized cables or equipment. f) Install (except for ducts and vaults installed by the City) and energize the Underground Distribution System. Provide written notice to the City when the Underground Distribution System is energized. g) Perform cut-over and transfer of existing Underground Distribution System and existing underground service lines from the overhead distribution system to the new Underground Distribution System where applicable (see City Responsibility item "d" concerning trenching responsibility). PSE will notify the City for excavation and the affected customers at least two (2) business days prior to installation, transfer, and connection of underground service lines. Affected service lines are listed in the Service Lines section of this Project Plan. 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 weeldy(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. 0Verq aM IZjKt!! Y The Underground Distribution Systern 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 City of Kent SE 256°i St(116"Ave SE to Kent Kangley Rd)Underground Conversion Page 4 PSE W.O. 101079945 39 PSE facilities resulting from commencement of constriction 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 energizatiou of the Underground Distribution Svstem: PSE provided Removal of overhead facilities: PSE provided Installation and removal of Temuorary 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. City of Kent SE 256°i St(1 16"Ave SE to Kent Kangley Rd)Underground Conversion Page 5 PSE W.0.t 101079845 40 Project Assur�a�tions The project design, construction plans and cost estimates are based on and reflect the following assumptions. Constriction 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 Constriction 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 frorn the City. In the event PSE rejects any of the ducts or vaults (with reasonable written justification), the City will perform the necessary remedial work. The City will then re- notify PSE and PSE shall have five(5)business days to accept or reject the remedial work. 3. All PSE cables can be pulled through the ducts and vaults system, 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 intone 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 maybe 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. S. Work to be performttid 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. City of Kent SE 256°'St(116"'Ave SE to Kent Kangley.Rd)Underground Conversion Page 6 PSEw.0.4 101079845 41 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 l. 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 howl of 8AM—5PM (or as permitted). PSE and the City will mutually agree to weekly work schedules for the 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. Cit_v of Kent SE 256°'St(116°'Ave SE to Kent Kangley Rd)Underground Conversion Page 7 PSE W.O." 101079845 42 PSE IDe�onstruction Standards This Conversion Project has been designed and will be constructed in accordance with PSE design and construction standards in effect as of the date of this Project Plan. PSE standards applicable to Construction Work to be performed by the City have been provided to the City in PSE's "Electric Distribution Trench/Duct/Vault Construction Standards, 2011". All relevant PSE standard described above are attached to this Project Plan by this reference. Temporary Support (I3oldnr�) 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 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. ,9! c taneeof1'roiectPlaa2 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 256"St O 16'"Ave SE to Kent Kartgley Ad)Underground Conversion Page 8 PSE W.0.4 10107g845 43 �m D m 0I G) OOOa m � v 0 h rn Ew m �' i m3ro' W o a <o 2.� Ci00 a M 0 m 9 2 W cc 0 �7 n W ® � c � 4fi 4A fA b3 6R f9 fH 59 Hi fig 91 ©01 b O v xO.J v C�.1 3 EA fS% W 4� Y 6'Y 45 HJ{y3 V-a 69 y�5 "f O ''.. N tv x Vi (fl (d5 YJJ WS Ri L. _ C! 6� n 62 a c� cc (i fl 0 fi 0 0 > a l @k 61 tti G�iq ro a I tii �. � is � W� Fes" `a L p. 4a Y R� G 4) f� L' 44 SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: City of Kent SE 256" St—(116"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 256th St—(116"Ave SE to Kent Kangley Rd) 45 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. (a) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) "Estimated Shared Company Costs"shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) "Estimated Shared Government Costs"shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (i) "Party" shall mean either the Company, the Government Entity, or both. (j) "Private Property Conversion' shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or(ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (1)a detailed description of the Work that is required to be performed by each Party and any third party, (ii) the applicable requirements and specifications for the Work, (iii)a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project(and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any)and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Properly 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"6"to Schedule 74, Page 2 City of Kent SE 256'"St— (116"Ave SE to Kent Kangley Rd) 46 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 anyjoint 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 2561h St— (116`h Ave SE to Kent Kangley Rd) 47 i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles)of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying(i)the Company Work completed to date, (ii)the Company Work yet to be completed, and (iii)an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any). the Estimated Reimbursable Upgrade Costs (if any)and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and it) 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—(116°i Ave SE to Kent Kangley Rd) 48 (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 "R,.quest 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 256"St—(116''Ave SE to Kent Kangley Rd) 49 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. ii) The Government Entity shall pay one hundred percent(100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent(100%)of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent(100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i)and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent(100%)of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent(100%)of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement(the "Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company)the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity)any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. 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 256`h St—(116th Ave SE to Kent Kangley Rd) 50 (c) Within sixty(60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the"Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii)construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty(30) business days after the Company's receipt of the Government Itemization and requested documentation and information, the Company shall provide the Government Entity a written statement (the "Company Statement")showing (i)an itemization of the Shared Company Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (III)any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii)the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (it) 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— (115"'Ave SE to Kent Kangley Rd) 51 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35.96.050, Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons' and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must (i) provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty(20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys'fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys'fees) by the other Party. (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—(116`h Ave SE to Kent Kangley Rd) 52 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 a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project(or, if sooner, until termination of this Agreement) comprehensive general liability insurances, with a minimum coverage of$2,000,000 per occurrence and $2,000,000 aggregate for personal injury; and $2,000,000 per occurrence/ aggregate for property damages, and professional liability insurance in the amount of$2,000,000. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project(or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request, the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company(i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (H) 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 256t'St—(116`h Ave SE to Kent Kangley Rd) 53 (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect,of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (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 256"St—(1161h Ave SE to Kent Kangley Rd) 54 (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(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Agreement, This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: City of Kent PUGET SOUND ENERGY, INC. BY BY ITS ITS Municipal Liaison Manager Date Signed Date Signed Approved as to form: Construction Agreement, Attachment "B" to Schedule 74, Page 11 City of Kent SE 2561h St— (116"Ave SE to Kent Kangley Rd) 55 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: June 7, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 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 with Comcast for the underground conversion of Comcast 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 Chapter 7.10. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink and Comcast. Agreements with these companies are necessary to establish construction requirements and reimbursement of 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. Comcast will be responsible for 100% of the cost of relocating from overhead to underground. 56 JOINT TRENCH AGREEMENT Between the City of Kent and Comcast for the SE 256t° 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 256`h 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 2561h 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"). AGRFEMFNr 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 2561h St between 106`h Ave SE and 116`h Ave SE and shall be referred to as Pagel of70 57 the "Joint Trench". There will be approximately six (6) trench crossings of SE 256"' 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 he 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; (11) all applicable laws, ordinances and regulations of any governmental authority, and; (ill) 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 1D, 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. Pave 2 orl0 58 D. Comcast Coordination. Corneas. 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 area,, 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. Pa-e 3 of 10 59 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. Pagc 4 o`10 ',. 60 H. ;ma/ Payment/t'Vaiver of Claims. The City grill ensure that thcO 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. 5. CHANGES. Comcast shall submit any changes requested to be performed by the City's Contractor to the City. The City shall submit this to the Contractor, obtain an estimated price from the Contractor to perform the work, and notify Comcast of this estimated price. Comcast shall have 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, arcing 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 patty's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. Fagc s of 10 '� 61 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 necessa..,y 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 POSSIBII ITY 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 Lhe 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 62 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. I 8. FRANCHISE AGREEMENT. The City and Comcast agree that as to future projects, by entering into this Agreement neither party has waived any rights it may have, under the existing franchise agreement between the City and Comcast, and the City and Comcast expressly herein reserve such rights. Notwithstanding anything in this Agreement to the contrary, Comcast's participation in the joint trench activity contemplated in this Agreement, and 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. 90. 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 Pale 7 of 10 63 any -option Herein conferred in one or more instances, skull 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. 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, Page,9af10 64 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 terns 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. i Page 9 of 10 65 IN WITNESS WHEREOF, the parties--,below have executed this Agreement, COMCAST OF WASHINGTON IV, INC. CITY OF KENT Print Name: 1-W- Print Name: ,Title: S Pry =a Title:— DATE DATE-- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: COMCAST CITY OF KENT Comcast City of Kent 4020 Auburn Wav h!_ 2.20 Fourth Avenue South__,_ Auburn WA 98002 Kent.WA 98032_ Attu: Bill Walker At n: , ark Madfdi 253 288-7531(Desk) (253 856 S521 (Desl� (206171,- 93 CCeil) 253)_,$56-6500_(Fax) (253) 288-7500 (Fax)—e With a copy to: APPROVED AS TO FORM: Comcast Cable Communications, LLC One Comcast Center, 501h Floor Philadelphia, PA 19103 Kent Law Department Attention: Cable Law Dept - Operations Pa"le10ofl0 66 Attachment A Comcast Joint Trench Costs Note: In accordance with Comcast's franchise agreement with the City of Kent, Comcast is responsible for their cost of the joint trench based on the ratio of Comcast conduits to the total number of conduits in the trench.The following table summarizes the various trench segments,Comcast's quantity of j conduits and the total number of conduits assigned to the other trench participants.The costs attributable to Comcast foreach trench segment are based on the unittrench cost per lineal foot shown in table A. I 67 Corricast Cast and Quantities for Utility Work Trenching (shared costs between ,PSE Power, Century Link,Comcast, City) Note: City pays 100%of PIE Power's trench cost -Detail Trench Components - Unit Of � Unit Price Extended Price '.. Clearing and Grubbin LS t $ ;t]00.00 $ 1,000.00 9015 Utility Trench, 2 Ft Wide T cover LF 186 +.$ 38.70__ $ 71r8.20 r 9016 Utility Trench, 2.5 Ft Wide 3 cover LF Y- $ _.46.12: $ 4b.12 _._. - -90'17 flAsphaft ilit/Trench, 3 Ft Wide,3'cover LF 879 $ 62.00-. S 15 7C8,C0 '.. .. ili Trench, 3.5 Ft Wide,a'cover _ LF p9019 ilil Trench, 4 Ft Wide.3'cover a LF '3740 $ 64.00- 239 360 00 Patch. _ -TONS: -600. $ '130:00 £ 70 300 90 Saw Cut Existing Asphalt Pavement LF` 5D0 $ 4.00 $ 7 r,^.6.00. Saw Cut Extsfing Concrete Pavement `= 1F r 80 _$ - 3:26 420.00 i z.. "Replace concrete Road Panels SY 200 $ 400.00 R 80,000.0.) 0924 r; Gravel Borrow for Utility Trench Hackfill TONS.. :7,848 $ 21.00 : 164,808,00 9021 -:::Sand for bedding T--TONS'.1 1,566 $. --20.00 T 31.220.00 - 1022 Control Density Fill Cy 150: $ : 115.00 $ 17:250,00 : Conlrcl Densityfill-COLOR TINT GY 0. : $ 115.CO $ ... . . w.._. _ TINT .._..�.. s2Z55 ;: Shoring or Extra-Exravahon Classe IncludingF Haul - S 2.937 :$ 1.00 k - "2927,00 5016.; Traffic Control Su ervisur -HRS 550:. '$ 55.00 30;'POAO -. -:?5005 ;<?Traffic Control Labor FIRS 2,240 -$ 47.00 $ 1D5,280,60 Traffic Control Devices LS =1 $ xpano S --'3,235XI - Subtotal Tranoh Expense S -150:;435.0 1 6%Mobilization Fee ,5_.. 4t3,565.16 '... -15%Construction/Engineering/Inspection Costs S 12141510 9.5%Sales Tax $ 76,49K 4$ Total-Trench Expense 1 $1':056:314 Total trench length(feet) , 4 00f Trench cost per lineal foot $2'19,74 Vault Excavation and Installation COMCASTez enseJ -: Unit -' :Qf .. Uidt Price I Extended Prlce 2'X2'X3'vault ea 0 $708.00 1 0 6'2:5"x2'3"x 3'6" 253-LA ea _ 3: `$1,525.00 -4575 Vault 24"x36 ea 4 _$708.00- 2832 Vault 17"x360�� ea 4 $708,00 2832 Carson 9" ea 4. $100.00 400 4'9"x 1'10"x 2'4".(25TLA) - 'ea 0 $1,260.00 0 IT x TV'x 3'8"(264-TA) ea 0 $2"000.00 0 4'4"x 2'3"x 3'6"(4484-TA) ea 0 $2i030.00 0 5'5"x3'5"x5'1"1466-TA) ea 0 .. $2,389.00- 0 ' 47'x 6'0"x 7'0"r457-TA) I ea 0 $2,566,00 0 ------------------ 6%Mnbili7ntion Fee ` $6361: Subtotal COMCAST INmIc 71t277( I ST.Censlructien/Engineering/Inspection Costs �_ i 5O5 9.5%Sale Tex I ' TdtAl _OMCAs`T vaorfi 17,0'I Total Trench Costs_ 313,842� Vault Excavation and unstallation(COMCAST expense) r �sT3,995 TOTAL CO51 $327,787 68 Trench Length, Conduits, and Shared Cost by Stationing Mainline Trench [[[ [dote: City pays 100% of PSE Power's trench cost '.. Trench Number of Size of Percentaye of P'lriicipanf Conduits Conduit Trench Length Trench Cost Cos( Station 7+53 to 8+55 I131-J1 L=102') Century Link 2 2-4" 102 �-�...$0 PSE Power 2 Io2 SO 2-4" - Comca—st - 2 2-4" 102 33% $7,47I City _0 . 0 so Station 8+55 to 8+85 THRENCH-PV01(L=40) .Century Link 0 - 0 = 0 $0 PSEPower 4 ' 2-6" 40 -� -- $a —, Comcast 0 `0 0 D'/° $0 D __...0 $0 Station 8+35 TO 9+50 J2 TO GROSSING (L=125') Century Link 3 3-4" 63 - $0 PSE Power 4 2.4' 63 $0 2.6„ Comcast 2... 240 63 22% $3,076 City Station 9+50 to 9+50 CROSSING TO J06 (L=70') FPSE 1 1-4��. 70 ,D 1 14" 70 $0 -- 2 2-4" 70 50% $7,691 City- _ 0 --------------- q 57,691 Station 9+50to 94 55 J06-V01 (L=20) Qwest 0 0 -- 0-- $0 PSE Power 1-2" 0 4/231201312:06 PM U:1SE 256th St, rnprovemenWCOMCAST EST JT Costs.xlsx 6 69 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost CTrench Number of Size of Percentage of F'artrcrpan` Conduits Conduit Trench Length Trench Cosf Cest Comcasl 0 0 0 0% city o 0 0 so 4/23/20131206 PM U:ISF 256th St. mprovements%COMCAST F3T.1T Ccsts.xlsx 6 I', 70 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost Trench Number of Size of Percentage t i Participant Conduifs Conduit Trench Length Trench Cost Cost Station LATERAL-LATERAL J06-H1 A(L-70') ___ Qwest 0 0_... . 70 1 .._._ i PSE Power { 1-3" ..Comcast �2...�.,.�_ 2 4„ 70 50% $7,691 City ' 0 0.: 0 $0 4 $7 691 Station LATERAL-LATERAL H1A-PO1{L=70'� Qwest 0 0 ..70 $D .PSE Power 1 1-3' 70 "50 Comcast 2 ' 2 4' `70 67% $10,255 City 0 0 0 W �.._..� . 3 $10,255 Station 9+45 to 10+57 CROSSING- IP3(L=112') �.e Qwest 2.. 24' PSE Power 4 2-4"' 112 - - $D __ 2-6 Comcast 2 2-:4" 112 95% $6,153 City 0. 0. _ __0 _.10 '. ...__ 4f23I201312-06 PM U-%SE 256th St. fmprovements%COMCAST EST JT Costs.xisx 7 71 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: city pays 100% of PSE Power's trench cast Trench Number of Size of Percentage of Participant Conduits : Conduit Trench Length Trendy Gost Cost Station 10+57 TO 10+97 IP3-J07'(L=50') Qwest 2 2 4" 50 $1 I PSE Power 5 3-4" 50 $0 - 2,6` Comcast 4 44" 50 36% $3,995 City 0 $0 Station 10+97 to 12+48 (L 151'); Qwest'- 2 2_4".:.:. - 1S1 $0 PSE Power 4 24) 161 $0 2.6" Comcast 4 44 151 40% $13,273 '..... City 0 0 0 $0 _.10 '$13,273 Station 12+48 CROSSING V02(L=70'} --.__ Qwest. 2 2_4„ 70 $0 PSE Power 2 2-4" 70 $0 Comcast 1 1-4" 70 20% $3,075 City _0 .0 $C s s3 6,6 Station 12+48 TO 111-93 V02 H2A (1 =aa') Qwest 3 F PSE P mv ar 1-3 55 $0i i Comcast 1 1.2" 55 20% $2,4'1, Station 12+48 13+20 CROSSING-1-1213 ()-=72') 412 3120 1 3 1 2:06 PM II:ASE 256th St. ImprovementsVCONICAS I EST JT Costs.xlsx 8 72 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100% of PSE Power's trench cost Trench Number of Srze of Percentage of Participant Conduits Conduit (Trench Length Trench Cost Cost PSE Power 5 3-4" 72 $0 ' Ccmcast 3 3-4": _.. 12 25% $3,955 _ _ City 0 0 - 50 1 r .. _ —12 - $3.955 Station 13+20 13+50 H26-IP4 Qwest 2 2-4" - 30 _ $0 PSE Power 4 2-4" 30 - 0 2-6" Comcast 3 _3-4" _30 ___. ..33% $2;19Z.i '.. City p _0 .. _. .. "$0 ''.. Station 13+87 14+48 IP4 Qwest 4 - .4.4 . _.fi1 $0 I PSE Pow,- 2.6° Comcast 3.. . . 3-4". . 61 25% _-. $3,,351 City 0' 0 �:_ $p 12 $3 351 Station 13+50 13+87 J08-PV2 (I_=101') Qwest 4. PSE Power 6 4-4" 101 $0 2-6" .��._.. Comcast 5 5-a" ` 101 33% 57,393 _�_— —. - City 0 _ '0 $0 Station 14+30 TO 14+80 PV2-P09 (I--150') Qwest - 2 2 4' _150 PSE Power 2 - 2-A" 1SO 50 4/23120 1 31 2 O6 PM U:ASE 256th St.IrnprovementslCOMCAST ES f.1T Costs xlsx 9 73 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100% of PSE Power's trench cost Trench Number of Size of I Percentage of I� Partrcipant Conduits Conduit Trench Length Trench Cost I Cost Comcast City 0 Station 14+68 TO 15+84 PV2-P09 {L=156') Qwest 2 2-4° 156� ,- _$0 PSE Power 2 2 4":... 156 $0 2-6" Comcast 3 3.4"- j 156 43% $14,692 city 0 0 $0 Station 15+84 TO 19+49 P09-VO3, {L=385',); Qwest 2 2-4" 385 $4' I PSE Power 5 1 2 2-4" 385 ---.$0 2-6" Comcast 3 34' - 385 --- 30% $25,381 City _ 0 ...... 0 :.$0 �.. i Station 19+49 TO 19+29 V03-H3A, (L=20') _ Qwest 3 34" Z0 $0 PSE Power 1 1-3" 20 � $Q- Comcast 1 1-2" 20 2061S . $879 _.._.- City 0 0 ( I $0 Station 19+49 TO 20+40 V03-IP6 Qwest 2 2-4"' 221 $0 PSE Power 4 2-4- 221 $0 Comcast 3 -3 4- 221 33% $16,188 Cify 0 0 $0 4/23/201312.05 PM UASE 256th St, Improvements%COMCAST EST JT Costs.xlsz 10 74 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100% of PSE Power's trench cost , � Trench Nurttberof Size of Percentage of Parlicipant Conduits Conduit Trench Crngth Trench Cost ..Cost___ 9 $16,188 Station20+40 TO 21+85 IP6 -Al (I_=W) Qwest. 2. 2-4" 65 $0 PSE Power 5 3.4"". - 65 $0 2-6 Comcast 3 3-4- City _. 0 0 $0 1.D $4285 Station21+85 TO 22+58 J11 -SW1 L=103) Qwest 2 2-41] _..1.03 -$0. PSE Power 6 44" 103 $0: 2:6" Comcast 3 34' 103 27% $6,T73 City 0 0 $0 Station22+58 TO 22+91 SW1-J12 (L 63`) Qwest 2 2-4" 63 $0 PSE Power_ — 6 4-4" 63 $0 '... 2_ ' Comcast 3 3 v 63 2T% $3,776 —. Station 23+101 O 23+10 LATERAL-P'i4(L=SC7') Owest 1 1.4" 90 $0 PSE Power 1 1'2" 9- — -- '-- $0 Comcast 1 14- 90 33% $) 592 City 0 ._..____—._- v�.0._.-- —�. . 3 $6,592 Station22+91 TO 24+50 A2-M4A (L=169') Qwest 2 '� 969 St7 4I23120 i3'.2:06 PM U.ASE 2561h St. ImprovementsVCOMC.45? EST JT Cost2x!sx 'I T 75 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost Trench Number of Size of Pei—CI of . Participant Conduifs Cortdurt Trench Leng Trench Cost_. Cost PSE Power 4 2.4". 169 $0 Comcast 3 3-4 169 33% $12,379 City 0 0 �. - ..-_�.. $0 9 $12,379 Station24+50 TO 25+17 H4A-VO4(Lr8Tj_ Qwes( 1 14,,... 87 _.. $0 PSE Power 5 1-3" 24" 87 $0 2_6-� Comcast 1 1-2" 87 14% $2,731. City ,.,_. 0. _0 �0 Station25+17 TO 25+79 VO4-J14 (L=82'j Qwest 22-4" 82 50 - PSE Power 5 1-2" 24' 82 $0 2-6" Comcast 3 3-4" 82 30% $5,406 City o 0 $0 '... 10 Station25+79 TO 26+20__J14-IP7 (i;=61") Qwest 2.. 2-4" , 61 $0 PSE Polder 5 1-2" 2;4" fit $0 2-63" Comcast 3 3�-4"-4" 61 309% w 54,021 aty $0 -- - - 10 w4,Ogt Station26+20 TO 27 W IP7-V05 (L-104') Qwest 2 2.4" 104 .>"? PSE Power .5 1-2" 2-4" 104 �JO 2-6" mu Comcast 1 3 34" 104 30% 4123/201 31 2 06 PM U:ASE 256th St. )mpiovementslCLMCAST EST.7T Costsxlsx 12 I 76 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note! City pays 100% of PSE Power's trench cost Trench Number of I Size of Peroentage of Participant I Conduits uit Cond Trench Length Trench Cost Cost City 0 0 $0 10 $6,856 Station27+17 TO 28+60 V05-H5A (L=16W) Owest 2 24" 166 - $0 PSE Power 5 1-T' 2 4" - _ 166 - - $0 2-6 Comcast 3 _- 34"'. 766 300A - $10,943 City 0 ;-0 $0 10 $10,0431 - Station28+60 TO 30+10 H5A-LATERAL L=150 Qwest_. 3 3-4° 150 _ -$0 , PSE Power 4f 2-4- 150 _: $D M". Comcast 3 34" 150 30% $9,880 '... City c o $0 10 $0,889 Station30+10 TO 30+10 LATERAL-P18 (L-1'20') uwest 1 1-4". . 120 $0 FSE PowrerT 1.... 1-2" 120 $0 Comcast 1 1-=47 120 33% H,790i D 0 $G Station30+10 TO 31+30 t_ATERAL-CROSSING (L=120') west 2 - 24' 120 'F09 SE Power i 5 1 2 - 2-4" j 120 so - ---- Comcast 3 3-4" 120 3D% 34 7,011 City 0 0 SD '. 10 $7,911 4123/201312.06 PM U1SE 256th St. ImprovementslCDN1 CAST EST JT Costs.xlsx 13 77 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost ( Trench Number of Sixe of Percentage e of —9 Particl ant Conduits. Conduit Trench Length Tren It ost Cost - Station31+30 TO 31+30-CROSSING-HGA LATERAL -Qwest -3 3-4- 80 $0 PSE-Power 2 2.4" 80 $0i Comcast 3 3-4" 80 38% Station31+72 TO 32+03-CROSSING-V055((L=37') Qwest 2 - i 24" 37 $0 - '1 PSF Power 7 _ 1.3" 4-4,'. . 37 _- $p 2.6" Comcast -3 3-4- - -37 25% W - $2,033: i _0 City 0 ... 0 $0 Station31+72 TO 32+03 V06-PV3 L.61') Qwest 2 2 4" 61 $0 j PSE Power - 8° 2-2" 4-4 61 30 2-6" Comcast 3 i 3-4" - 61 23% $3,093 City 0 Station32+03 TO 32+17 PV3-J15 (L=34') [P—�-Eoz 2 Power - 8 2-2" 4 4" 34 Comcast 5 - 5-4" i 34 - 33% $2,490 b o II( �. - ,at _.y2;490 Station32+17 TO 32+60 J15-IP$ (L-63') Qwest 2 $01 -_...__- 412 312 01 3 1 2:06 PM WSE 256th & mprovomentslCOMGAS I ES f J f Costs xlsx 14 78 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost Tran�t7 Number of Size of Percentage of Parh want Conduits Conduit Trench Length Trench Cast -.. Cost PSE Power 7 - 1-2" 4-4" 53 -- - 50 2-6" 1j Corricasf 5 4-0"1-2" 53 - 36% City._:. _. `0 . 0 _ $0 - 14 - $4,159 I Station32+60 TO 33+40 IPB-LATERAL {L=80') ._ Qwest 2 2-4"' 80 -- - -- $0 PSE Power 4 1-2" 3-4" - . 80 ----- ----$0 Comcast 2� 2.4"' 80 26% $4,395 City 0 _8 -.. $4,395 i Station33+40 TO 33+40 LATERAL-P24 (L=100') Qwesf ' 7. 1A" --1DD _ $0 PSE Power ` - 1 100 $0.! Comcast 1 1-4" 100 33% $7,325 Cdy 0 0 $0. 3 - - - '$7,325 Station33+40 TO 35+50 LATERAL-1-17A (L=210') `Owest - 2 2-4" 210 -. $0 PSE Power - 4 24- --� 210 - $0 2-G" i Comcast 4 1"2" 34' 7.10 4D% $18,459 City 10 -( $18.459 j Station35+50 TO 36+50 I-17A^V07 Qmrost �1 1-4" 110 $D i PSE Power 7 1 2 2-6 110 2 3 26" Comcast 4 12 34 110 33% �S8,]C,57 4/23/201312:06 PM U:\SE 256tn Si, Improvements\COMCASi-EST JT Costs.xlsx 15 79 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100%of PSE Power's trench cost '.. [Tench Number of Size Cf Percentage of Participant Conduits Conduit Trench Lenytl, Trench Cost Cost j City 0 I ( 0 $0 12 $8,057 Station36+50 TO 37+50 V07-1-17B (L=110' Qwest _ 1 1_4" 110 $0 PSE Power '6 _ 2-4'- 110 $0 2.3,. 2-6" Comcast 4` i 1-2" 3-4' - 110 36% ` $8,790 City_... 0 0 $0 $8,790 Station37+50 TO 38+50 H7B-H7C L=110) Qwest 1 1-4" 110 $0 PSE Power 5 24' 110 $0.. 1-3' .2-5"-:. _ _ Comcast 4 12` 3d4" 11D 40_% $9,6E9 city 0 0 $0 10 $%eG9. Station38+50 TO 38+85 H7C-IP9 (L-40') Qwest , 1 _. 1-4" _. _.40 - __$0 PSE Power 4 - 2-4" 40 - $0 2.6" Comcast 3 3-A" 40 38% City 0 0 j $0 ( i 8 :�3,295 Station 7+00 IP-COMC.4STICL to 7+53 J2 (L=534) Century Link 2 24" 53 $01 I PSE Power 4 2-4" 53 2 6" Comcast 2 2-4" 53 250% $2,912' City 0 0 $0 8 32,912 4/23I201312:06 PM U:ASE 256th St, ImprovemenlslCOMCAST EST JT Costs xlsx 16 80 Trench Length, Conduits and Shared Cost by Stationing Mainline Trench Note: City pays 100% of PSE Power's trench cost Trench Number of size of Percentage of �I Participant Conduits Conduit Trench Len th . Trench Cos( ' Cost Total Trench Costs $313,842 4123/201312:06 PM UaSE 256th St. Improvements=MCAST ESI A Costs.xlsx 17 81 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: June 7, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 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 with CenturyLink for the underground conversion of CenturyLink 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 the existing overhead utility lines, consistent with Kent City Code Chapter 7.10. The owners of these utilities are Puget Sound Energy (PSE), CenturyLink and Comcast. Agreements with these companies are necessary to establish construction requirements and reimbursement 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. CenturyLink will be responsible for 100% of the cost of relocating from overhead to underground. 82 JOINT TRENCH AGREEMENT Between the City of Kent and Century Link for SE 256th St Improvements TIIIS 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 256`h St. between 116°' Ave. SE and Kent Kangley Road (SR516), (the"Project") and WHEREAS, Under RCW 3599.060(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 SL 2561h St between 106°i Ave SE and 116th Ave SE. There will be approximately five (5) trench crossings of SE 2561h 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 perfonned 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 JOINT TRENCH AGREEMENT—Page 1 of (behmeen City ofKent and Century Link Re:SE 256 h SI) 83 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 rnderground facilities in accordance with this Agreement, and so long as said installation is completed in conformity with this Agreement. C. franc 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 tench and vaults. 4. COMPENSATION A. 'french 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 JOINT TRENCH AGREEMENT—Page 2 of (between City ofKent and Century Link Re:,SE 2566'St) 84 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 patty'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. ,JOINT TRENCH AGREEMENT—Page 3 of 7 (he even City ofKent and Cenreuy Link Re: SE 250"St) 85 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 Liabilitv 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 Liabilitv 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 Liabilitv 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 Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilitv 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. JOINT TRFNCH AGRFFMFNT—Page 4 of 7 (between 00,of Kent and Cenhiiy Link Re:SE 256i7'St) 86 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: l. 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 shalt 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 ANIL 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 JOINT TRENCH AGREEMENT—Page 5 of 7 (between Cite of Kent and Centiny Link Re.!SE 256'r'Sk) 87 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 famish 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. S. 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 ofthis Agreement. B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terns 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 indermrification Linder Section 8 of this Agreement. F. 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. Modifcation. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each of affected party. JOINT TRENCH AGREEMENT—Page 6 of 7 (between City of Kent and Century Link Re: SE 256"'St) 88 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 Mcrjeure. 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 maj eure 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 I IN WITNESS WHEREOF,the parties below have executed this Agreement. CLNTURYLINK CITY OF I{ENT Print Name: 'S.,.— Print Name: Title: l>I k�Le.Frog Title: DATE, V 4 f R.j:= DATE, JOINT TRENCI I AGREEMENT—Page 7 of 7 (between City of Kent and Century Link Re: SE 256'r'St) 89 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) (251) 372-5176 (Fax) APPROVED AS TO FORM: Kent Law Department JOINT TRENCH AGREEMENT—Page 8 of 7 (between City ofKent and Century Link Re: SE 256"St) 90 Trench Length, Conduits and Shared Cost by Stationing NON SCHEDULE 74 TARIFF UTILITY 'rREW-114 percentage Trench iVuvnber of Size of Trench of Trench Participant Conduits Conduit Length Cost Cosi Station 5+90 IN to 6+70 A (L=80') $4,376.06 Century Link 0 2-4" 0 0% $0.00 PSE Power 4 2-6" 80 -- 100% $17,512.24 2-4" Comcast 0 0 0%f $0.00 City — — 0 0% T; $0.00 4 $17,512.24 Station 6+70 J t to 7+00 iP-G0MCAS`L/CL(L.m34) $1,860m Century Link 0 0 0 0% a $0.00 PSE Power 4 2 4" - 34 104% $7,442.70 2-6" Comcast 0 0 0 0% $0.00 City - _.. 0 0 061.-- �' :1 $0.00 _ 4 $7,442.70 Station '7+00 W-C PACASTICL, to 7+33 J2 (L-a3) 3,564.5 -- _._ _ Century Link 2 ?_-4" 131 33% $7,169.07 PSE Power 4 - 7_ �' 131 33% $14,335.15 26 -- -- - --- Comcast 2 � 2-4" 131 33°Io $7,169.07 0 U $21,S07.22 TOTAL TRENCH COST FOR NOM SCHEDIW-E 14 CE 14[RJR" Lan PSE Power - Comcast " r -- 91 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: June 7, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 2013 From: Rob Knutsen, Senior Engineering Technician Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Neighborhood Traffic Calming - Update Motion: Information Only/No Motion Required Summary: Staff will give a comprehensive update on the neighborhood traffic calming program throughout the city. Budget Impact: Information Only 92 This page intentionally left blank. 93 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: June 11, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: June 17, 2013 From: Dave Brock P.E., Utilities Engineer Through: Tim LaPorte, P.E., Public Works Director Subject: Information Only / Bridge Report Motion: Information Only / No Motion Required Summary: The City of Kent owns and maintains 21 roadway and 6 pedestrian bridges of varying age and condition. Pursuant to Federal requirements, the City conducts bi-annual inspections of its roadway bridges. Staff will provide a summary of bridge condition and future maintenance needs. Budget Impact: No impact is anticipated in the current bi-annual budget. Budget requests for future repairs will be included as part of 2015-16 budget. U1 bhcTWCo=ittee�dio age@009Adoc 94 This page intentionally left blank. 95 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: June 7, 2013 To: Chair, Elizabeth Albertson, Public Works Committee Members PW Committee Meeting Date: June 17, 2013 From: Tim LaPorte P.E., Public Works Director Subject: Information Only/Citizen Committee Overview Motion: Information Only/No Motion Required Summary: As requested, staff will provide an overview of citizen committees utilized in the last decade to provide input on transportation projects and attendant funding methods Budget Impact: Information Only