HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 03/03/2003 Public Works Committee Agenda
March 3, 2003
ACTION
1. Presentation- "Sidewalks in the NO Girl Scout Cadet 10 min
Vicinity of Public Schools" Troop 119
2. Del Web / Steiner Sanitary Sewer Yes Wicicstrom 10 min
Accept as Complete
3. SR 167 Corridor Project EIS Yes Wicicstrom 10 min
Interlocal Agreement - Authorize -
4. James and Central Intersection Yes Wicicstrom 10 min
Improvements - Condemnation
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PUBLIC WORKS COMMITTEE MINUTES
MARCH 3, 2003
COMMITTEE MEMBERS PRF,SENT: Chair Tim Clark,Rico Yingling
STAFF PRESENT: Don Wickstrom, Gary Gill, Pat Fitzpatrick, Jackie Bicknell
PUBLIC PRESENT: Erin Kretzler, Gena Saucier, Lachelle Humphrey,Regina Saucier,
Sue Saucier, Vincent D Humphrey, Debra Humphrey, Karen M Kretzler, Mel Roberts
The meeting was called to order at 5:08 P.M. by Chair Tim Clark. Puget Sound Energy
Construction Agreement was added to the agenda.
Approval of Minutes of February 10,2003
Committee Member Rico Yingling moved to approve the minutes of February 10, 2003. The
motion was seconded by Chair Tim Clark and passed 2-0. Chair Clark stated he had the
concurrence of Committee Member Julie Peterson.
Presentation: "Sidewalks in the Vicinity of Public Schools"
Erin Kretzler, Gena Saucier, and Lachelle Humphrey, 8" graders at Sequoia Junior High
School and members of Girl Scout Cadette Troop #119, gave their Silver Award Project
presentation, "Sidewalks in the Vicinity of Public Schools". They proposed a policy to add
more sidewalks in designated walking areas within the Kent School District boundaries
where busing is currently not available. They said the need for safe sidewalks was an issue
that is nationally recognized as a safety hazard and that child pedestrian accidents are the
second leading cause of death for children, 5-9 years of age. Most pedestrian accidents
involving children ages 9-15 happen after school and in broad daylight, and one half of all
child pedestrian deaths occur between 4 p.m. and 8 p.m. Sidewalks are needed for the
children that have to walk to school,but the law only covers sidewalks for new construction
and leaves out all the old roads and arterials.
Rico Yingling thanked the girls for bringing the subject to the Committee's attention. He
asked if they had looked into the cost of putting sidewalks in. The Girl Scouts said they
hadn't been able to find any information on costs. Public Works Director Don Wickstrom
remarked that the City budgets about$300,000 a year for sidewalks, independent of
construction projects that have sidewalks in conjunction with new streets or street widening.
When asked by Rico Yingling what the worst streets were,the Girl Scouts named 124`h and
116t'Streets. Don Wickstrom noted that widening the curbs, gutters, and sidewalks on 116'b
between 256`h and Kent Kangley was in the City's Six Year Plan. Mr. Yingling asked for a
short report on 116`h.
Tim Clark thanked the Girl Scouts and asked to borrow a copy of their Power Point
presentation to use in lobbying the state legislature for project funding.
Public Works Committee, 3/3/3 2
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Mel Roberts, a member of the Kent Bicycle Advisory Board,noted that one of the slides
showed grass creeping up on the shoulder of the road, and said the shoulder should be
cleared of growing vegetation. He added that a bicycle lane on the outside of the driving lane
would provide a cushion between the walkers and automobiles and would be a benefit for
both bicyclists and walkers.
Del Web/Steiner Sanitary Sewer—Accept as Complete
Don Wickstrom said the filial constriction cost on the Del Web/Steiner Sanitary Sewer
Project exceeded the original construction cost estimate by 10%because of the need to haul
trees to the lagoon and dispose of debris.
Rico Yingling moved to recommend that the Council accept the Del Web/Steiner
Sanitary Sewer Improvements Project as complete. The motion was seconded by Tim
Clark and passed 2-0. Chair Clark stated he had the concurrence of Committee
Member Julie Peterson.
SR167 Corridor Project IES Interlocal Agreement—Authorize
Don Wickstrom said that the Puget Sound Regional Council had recently advised the City
that there was $12 million in federal funds available for distributing to road projects. Staff,
along with King County and Auburn, was successful in getting $400,000 to study SR167 so
it could be included in the Regional Transportation Improvement District. Kent's share of
the match would be $33,000,which money exists within the Street Capital Improvement
Fund.
Rico Yingling recommended that Council authorize the Mayor to sign an Interlocal
Agreement with the Washington State Department of Transportation for the purpose of
planning for the future improvements in the SR167 Corridor between South 180`h
Street on the north, and I-5 in Piece County to the south—project subject to the Public
Works Director and the City Attorney's concurrence of the language therein. The
motion was seconded by Tim Clark and passed 2-0. Chair Clark stated he had the
concurrence of Committee Member Julie Peterson.
James Street/Central Avenue Intersection Improvements— Condemnation
Don Wickstrom said the James Street/Central Avenue Intersection Improvements Project had
been on the City's six year Capital Improvement program since 1995. A TIB Grant of
$900,000 was received last year. He noted that the project cost of about $1,500,000 will be
fully funded. The project will widen the intersection of Jaynes Street and Central Avenue by
putting in an additional nouthbound to eastbound left turn lane on Central Avenue, and a right
turn lane,westbound to northbound, on James Street. Out of the eight parcels needed, five
have been acquired and three remain outstanding. In the interest of finalizing the last
acquisitions in a reasonable time frame, staff is asking for authorization to condemn those
three parcels.
Rico Yingling moved to recommend that Council adopt the condemnation ordinance
for property acquisitions relating to the James Street/Central Avenue Intersection
Public Works Committee,3/3/3 3
Improvements. The motion was seconded by Tim Clark and passed 2-0. Chair Clark
stated he had the concurrence of Committee Member Julie Peterson.
Puget Sound Energy Construction Agreement
Don Wiakstrom said the City was widening 1"Avenue North and 4t11 Avenue North between
James Street and Temperance Street as part of the Kent Station project. Overhead utilities
need conversion to underground in accordance with the City ordinance. The agreement with
Puget Sound Energy establishes the scope of work, schedule, and costs.
Rico Yingling recommended authorizing the Mayor to sign the Puget Sound Energy
Construction Agreement upon concurrence of the language therein by the City
Attorney and the Public Works Director. The motion was seconded by Tim Clark and
passed 2-0. Chair Clark said he would ask for concurrence from Committee Member
Julie Peterson.
The meeting adjourned at 5:50 PM.
Jackie Bicknell
Council Secretary
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Perschek, Janet
From: Wickstrom, Don
nt: Wednesday, February 12, 2003 10:26 AM
10: Perschek, Janet
Subject: FW: Presentation before Public Works committee
Janet, note this for an agenda item for the March 3rd Public Works committee meeting.
Don
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-----Original Message----
From: Martin, Mike p'p
Sent: Wednesday, February 12,2003 10:16 AM Y
To: Bicknell,Jackie;Wickstrom,Don;Banister,Jan
Subject: Presentation before Public Works committee
Jackie;
Please schedule an agenda item on the March 3 public works agenda:Sidewalks in the vicinity of public schools,"
presented by the Girl Scout Cadet Troop 119. They may or may not send some materials in advance to be included in the
packet. Please see me about where they appear on the agenda.Also, please send a note to committee members in
advance of this meeting so they understand what's going on.
Don.
This is a merit badge project intended to give the girls knowledge of a city process, do a research project, and make a
public presentation. Council will most likely ask staff at that meeting to explain to the scouts how a"real life" project like
this would go through an LID process or be included in a capital plan etc. So please be available, or have your staff
available, to answer questions along those lines.
nn:
,the Mayor available at 4:45 that day to speak briefly with these kids? If so, would you give Sue Saucier a call at 2531931-
7127. Let's talk.
thanks all
Mike
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E.Public Works Director
• Phone: 253-856-5500
K EN T Fax: 253-856-6500
WASH IN GTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: March 3, 2003
To: Public Works mittee
From: Don Wickstrom, Public Works Director
Regarding: Del Web / Steiner Sanitary Sewer
The Public Works Department is seeking Council acceptance of this subject project as complete. We axe
seeking your concurrence here with as we have historically done upon a construction projects final
contract amount exceeding 10% of the original bid amount.
This project involved two separate elements. One element involved connecting the new East Hill
interceptor to Del Web Sewer Pumping Station located in the King County Housing Authority complex at
132"a Avenue just southerly of 27211a Street. The other element involved constructing sewers to the
Steiner property which the city purchased in conjunction with the 272"d Corridor Project. The City
recently subdivided this parcel and with the availability of sewer service we now will be able to sell off
individual lots for which the monies raised will help defray the City's cost of the 272"d Corridor Project.
The project costs are summarized below and adequate funds exist within the project fund to cover this
overrun.
$101,512.86
4,889.83
106,402.69
(94,468.86)
$11,933.83
Original Contract Award $94,468.86
Spent (without change orders) ($96,794.091
$2,325.23 =2.46%
Project related change orders $6,971.70=7.38%
Added Change Order (Haul trees to lagoon and dispose of debris) $1,859.73 = 1.97"%
= 11.81%
These two projects (combined) are approximately 12% over spent.
7.38% Project related, unforeseen items.
2.46% Bid item increases.
1.97% Side issue to reclaim some trees for the lagoons/environmental group use.
MOTION:
Recommend to full Council acceptance of the project as complete.
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STEINER DEL WEBB
PROJECT LOCATI N PROJECT
/ LOCATION
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CITY OF KENT
ENGINEERING DEPARTMENT 220 4TN AVE. S. KENT, WA. 98032
STEINER SEWER PROJECT LOCATION MAP FIGURE
1 DEL WEBB SEWER
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CITY OF KENT
EWINEE2IW DEPARTMENT
CONSTRUCTION PROTECT- ESTIMATE ROUTING
PROJECT: DEL wEi33/STEINE%Z S,4NI7,4R)ISEWE/Z
CONTRACTOR: zu1-?YcoA1S7R&c7loA1 co-
PAYM ENT: P,4Y ES711V 4TE*2 -}7N,4Z
AMOUNT: $47,700.94
'ROUTE COPIES r0: (5)
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a CHANGE ORDER
KEN`
WASHINGTON
Date: 02/03/2003 Change Order No.: 2
City Project Name: DEL WEBB STEINER SANITARY SEWER
X Ordered by the Engineer under terms of Section 1-04.4 of the Project Specifications,
X Change proposed by the Contractor.
Endorsed by: FURY CONSTRUCTION COMPANY
Contractor Firm Name
Signature: /
Authorized Signature Date
f
DESCRIPTION OF WORK AND REASON FOR CHANGE ORDER
You are ordered to perform the following described work upon receipt of an approved copy of this
Change Order or previous written authorization describing the substance of this order:
2 #001 Relocate existing water valve in conflict with new 8" Sanitary Sewer. Cost for this
work shall be 1 FA @ $2,550.08. 1 additional work day added for this work.
(S20040—taxed)
Reason: Existing Water valve was too close to the new manhole location to allow
installation. Valve was not indicated on drawings.
Cost .....................................................................................$2,550.08
2 #002 Load, Haul&Dispose of fir tree limbs not taken to the Kent Lagoons Site. Cost
for this work shall be 1 FA @ $1,024.34. (S90087—taxed)
Reason: Brush could not be left on the project site. Trees were requested by
Environmental Unit.
Cost .....................................................................................$1,024.34
TOTAL CHANGE ORDER...................................... $3,574.42
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In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, the
Contractor accepts all requirements of this change order by signing where indicated. Further, the
Contractor agrees to waive any protest or claim it may have regarding this change order and
acknowledges and accepts that this change order constitutes ftill payment and final settlement of all
claims of any kind or nature arising from or connected with any work either covered or affected by
this change order, including,without limitation,claims related to contract time, onsite or home office
overhead, or lost profits. The Contract change order, unless otherwise provided therein, does not
relieve the Contractor from strict compliance with the guarantee and warranty provisions of the
original contract,particularly those pertaining to substantial completion date.
CITY USE
Original Contract Current Contract Net Change
Amount: Amount: This Order:
$ 94,468.86 $100,188.49 $ 3,888.97
(incl. sales tax)
Estimated Contract Total
After Change Order:
$104,077.46
Original Contract Estimated Extension of Contract Total Extension of Contract
Time: Time Due to This Change Order: Time After This Change Order:
Days: Days: 1 Days: 1
Total Contract
Time:
Days:
Approval Recommended By:Ta pys —4-9QO A cz�
Design Engineer Construction Manager
Approved by:
- ARcaL= � A 1�
Pu i irector Date
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
® Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 3, 2003
To: Publi�yVoxks Committee
From: Don Wickstrom, Public Works Director
Regarding: Interlocal Agreement— For SR 167 Corridor Project EIS:
Phase I: Seeping and Preliminary Preferred Alternative Identification
Recently Puget Sound Regional Council of Government advised that there was approximately
$12,000,000 in federal road fund available for project allocation. Out of that money Kent, Auburn
and King County lobbied and secured $400,000 for subject project. We (Kent, Auburn and King
County) secured same by committing to provide a local match there to of$100,000.
The attached Agreement serves as a written commitment of intent between the parties for the
purpose of planning for the future improvements in the SR 167 corridor between S. 1801h Street on
the north and 1-5 in Pierce County to the south. Under this agreement alternative transportation
investment packages for the SR 167 corridor will be investigated including a preliminary preferred
alternative, for which specific phases can be built within the funding included in the RTID proposal.
This project will be done in at least two phases. The first phase, which is covered by this
agreement, will generally consist of preparation of a draft project purpose and work statement
sufficient to define the project goals, develop a scope of improvements and alternatives to be
studied in an EIS, collect and assimilate known data about the corridor, refine initial project cost
estimates based upon known data, and coordinate among jurisdictions to share such information
and to refine project goals based upon stakeholder input.
Kent's share of the local match and likewise Auburn's and King County's would be $33,000 for this
first phase of the study. Funding of our$33,000 presently exists within the Street Capital
Improvement Fund.
MOTION: Recommend authorizing the Mayor to sign an Interlocal Agreement with Washington
State Department of Transportation for the purpose of planning for the future improvements in the
SR 167 corridor between S. 180'h Street on the north and 1-5 in Pierce County to the south
Project subject to the Public Works Director's and the City Attorney's concurrence of the language
therein.
DRAFT
INTERLOCAL AGREEMENT
FOR SR 167 CORRIDOR PROJECT EIS:
Phase 1: Scoping and Preliminary Preferred Alternative Identification
PREAMBLE
THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 RCW by
and among interested city and county governments (Auburn, Kent, and King County) and
the Washington State Department of Transportation(WSDOT) for the purpose of
planning for the future improvements in the SR167 corridor between S. 1801h Street on
the north and I-5 in Pierce County to the south(see attached map). The primary study
area is that portion of the described corridor within King County. The project will be
coordinated with other projects beyond the northerly terminus (I-405 Corridor Project)
and the southerly terminus (the project to extend SR 167 to SR 509 in the Port of
Tacoma). The parties share interests in and responsibility for addressing long-term
transportation planning and wish to provide for planning and funding as necessary to
establish the future needs of this corridor in state and regional transportation plans.
PROJECT GOAL: This corridor-based effort will identify alternative transportation
investment packages conforming to the Regional Transportation Investment District
(RTID) funding limits, including a preliminary preferred alternative, aimed at relieving
traffic congestion in the Green River Valley of south King County. At a minimum, the
following two major transportation issues will be addressed: (1) freight mobility between
the ports of Tacoma and Seattle and key commercial distribution centers within and
beyond the SR 167 corridor, and (2) planning for a reasonable level of service in the
designated corridor in accordance with the requirements of the Growth Management Act
and in a manner that allows SR 167 to accommodate 2030 projected travel demand
within and through the corridor. A draft environmental scoping document and notice of
intent will be prepared to meet federal project requirements. Completion of
environmental Scoping, an environmental impact statement(EIS), preferred alternative
decision, and Record of Decision(ROD)will be produced in subsequent phases. The
work under this agreement is preliminary and will depend on successful completion of
future study that includes extensive involvement by agencies and the public.
MUTUAL CONVENANTS AND AGREEMENTS
1. DEFINITIONS. For purposes of this Agreement, the following terms shall have
the meaning provided for below:
1.1 EXECUTIVE COMMITTEE: The SR 167 Executive
Committee created herein is the governing body of elected
officials or their designated representatives responsible for
implementing this Agreement and is comprised of designated
representatives of eligible jurisdictions who have authorized the
execution of and become parties to this Agreement. The signatory
Page 1 of 10
Version 02/13/2003
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parties to this agreement will be the voting members of the
Executive Committee responsible for representing the views of
jurisdictions having an interest in improving transportation
conditions in the corridor and making all major decisions that
guide the corridor study. Ex-officio members may be designated
as appropriate. The ex-officio members will have a voice to
provide guidance that represents regional perspectives for
consideration by the voting members, but no vote.
1.2 SERVICE PROVIDER: The Service Provider,which supplies
staffing and procures other resources to provide services necessary
for the Executive Committee, is WSDOT. WSDOT will
designate a project manager for overall conduct and coordination
of the study. WSDOT in the role as Service Provider will prepare
or cause to be prepared all necessary environmental
documentation.
1.3 FISCAL AGENT: The WSDOT will fimetion as fiscal agent, and
perform all accounting services for the Executive Committee, as it
may require, in accordance with the requirements of Chapter 39.34
RCW.
1.4 PARTIES: Means the undersigned parties to this inter local
agreement.
2. AGREEMENT.
This Agreement is entered into by and among the cities of Auburn and Kent, King
County, and the Washington State Department of Transportation(State).
This Agreement will serve as a written commitment of intent between the parties to
identify alternative transportation investment packages, including a preliminary preferred
alternative, specific phases of which can be built within the funding included in the RTID
proposal, and documentation for future preparation of environmental seeping and an EIS
for the SR 167 Corridor Project. Preparation of the EIS shall be in accordance with the
National Environment Policy Act (NEPA) and the Washington State Environmental
Policy Act (SEPA), as appropriate.
3. SCOPE AND RESPONSIBILITY FOR PROJECT DEVELOPMENT
A. Organizational Structure
In order to provide direction and coordination between the consultant and
the agencies involved, the organizational structure and roles for
accomplishing work under the agreement shall be as follows:
The Executive Committee shall consider the information, views, and
recommendations provided by staff and provide overall policy direction,
guidance and major decisions as necessary to the WSDOT. A Technical
Page 2 of 10
Version 02/13/2003
Advisory Committee may be identified to provide support to the Executive
Committee.
The project manager shall be responsible for overall project
management, interagency coordination and maintaining an overview of all
consultant contract efforts. A project management team made up of
staff from the signatory agencies will support the project manager.
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B. Action Plan
This project will be done in at least two phases. The first phase, which is
covered by this agreement,will include development of alternatives,
including identification of a preliminary preferred alternative, expansion
and updating an existing traffic model, screening of alternatives, and
seeping the remaining work. Phase I work will generally consist of
preparation of a draft project purpose and work statement sufficient to
define the project goals, develop a scope of improvements and alternatives
to be studied in an EIS, collect and assimilate known data about the
corridor, refine initial project cost estimates based upon known data, and
coordinate among jurisdictions to share such information and to refine
project goals based upon stakeholder input.
The second phase, and additional phases as needed, which maybe done
through amendments to this agreement,will include preparation of
environmental scoping, the draft and final EIS, identification of a
preferred alternative, ROD and, if necessary, an Interstate access
feasibility study.
C. Funding
The City of Kent, the City of Auburn, and King County are providing
$33,000 each in financial cominitment to this phase of the study. Funding
ts-being-pu�, of $400,000 is being pursued through the Puget Sound
Regional Council.
Agencies have provided and will continue to provide in-kind services
needed to determine the scope of work necessary to refine the preliminary
cost estimate of the proposed corridor improvements and prepare a scope
of work for the Phase I consultant contract,which will include a list of
tasks and associated costs required to qualify the Project for inclusion in
the RTID by mid-2003.
Each agency shall commit the personnel for membership on the Executive
Committee and its' agency review and approval process. This expense is
considered separate from agency contributions described above.
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Version 02/13/2003
4. ENDORSEMENT. The parties to this Agreement will exercise best efforts to
expedite execution of legislation and agreements necessary to prepare this study and the
EIS to follow. Participation in this work in no way obligates them to fund construction or
implementation of any improvements. The Washington State Department of
Transportation, the cities of Auburn and Kent, and King County hereby agree to the terms
and conditions of this Agreement by having their representatives affix their signatures
below. Other jurisdictions may join in this agreement in the future in consideration of
contributions to the furtherance of this work.
5. EFFECTIVE DATE AND TERM. This Agreement shall become effective
upon its execution by each of the funding parties within as authorized by each
jurisdiction's legislative body. Once effective,this Agreement covers the first phase of
work as defined under Action Plan, which is to be developed under this agreement.
6. MEETINGS. The Executive Committee will organize itself by selecting a
Chairperson and a Secretary responsible for organizing and running scheduled meetings.
Meetings will be called as the chairperson determines that the project study requires in
fulfillment of the committee's intended role. The secretary shall be responsible for
scheduling all meetings at a convenient time and in a location central to the corridor.
The Executive Committee shall make all decisions necessary to carry out the purposes
of this agreement. In meetings where a decision is to be made, a quorum of five
members of the Executive Committee must be present for conducting business.
Decisions shall be made by consensus. Consensus may be reached by general agreement
of the parties. If the Executive Committee does not achieve consensus, each party to this
agreement has one vote, which may be split between representatives, for the purpose of
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making decisions. A simple majority vote shall be needed to pass a motion.
7. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by
state law, and for the limited purposes set forth in this agreement, each party shall protect,
defend,hold harmless and indemnify the other parties, their officers, elected officials,
agents and employees, while acting within the scope of their employment as such, from
and against any and all claims (including demands, suits, penalties, liabilities, damages,
costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way
resulting from such party's own negligent acts or omissions related to such party's
participation and obligations under this agreement. Each party agrees that its obligations
under this subsection extend to any claim, demand and/or cause of action brought by or
on behalf of any of its employees or agents. For this purpose, each party,by mutual
negotiation, hereby waives, with respect to the other parties only, any immunity that
would otherwise be available against such claims under the industrial insurance act
provisions of Title 51 RCW. The provisions of this subsection shall survive and continue
to be applicable to parties exercising the right of termination pursuant to Section 9.
8. NO ASSUMPTION OF LIABILITY. In no event do the parties to this
Agreement intend to assume any responsibility, risk or liability of any other party to this
Agreement or otherwise with regard to any party's duties, responsibilities or liabilities
Page 4 of 10
Version 02/13/2003
under the Endangered Species Act, or any other act, statute or regulation of any local
municipality or government, the State of Washington or the United States.
9. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is
acknowledged and agreed that, in entering into this Agreement, no party is committing to
adopt or implement any actions or recommendations that maybe contained in a Corridor
Plan developed pursuant to this Agreement.
10. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall
preclude any one or more of the parties to this Agreement from choosing or agreeing to
fund or implement any work, activities or projects associated with any of the purposes
hereunder by separate agreement or action,provided that any such decision or agreement
shall not impose any funding, participation or other obligation of any kind on any party to
this Agreement which is not a party to such decision or agreement.
11. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is
intended to, nor shall it be construed to, create any rights in any third party, including
without limitation the Executive Committee,NNIF'S,USFWS, any agency or department
of the United States, or the State of Washington, or to form the basis for any liability on
the part of the Executive Committee or any of the parties, or their officers, elected
officials, agents and employees, to any third party.
12. AMENDMENTS. This Agreement may be amended, altered or clarified only by
the unanimous consent of the parties to this Agreement, represented by affirmative action
by their legislative bodies.
13. TERMINATION: Any party may terminate participation in this Agreement at
any time by providing sixty(60) days written notice to the other parties. The terminating
party shall remain fully responsible for meeting all of its funding and other obligations
through the end of the calendar year in which such notice is given, together with any
other costs that may have been incurred on behalf of such terminating party up to the
effective date of such termination. This Agreement may be terminated at any time by the
written agreement of all parties.
14. COUNTERPARTS. This Agreement may be executed in counterparts.
Page 5 of 10
Version 02/13/2003
f
15. APPROVAL BY PARTIES' GOVERNING BODIES. This Agreement has
been approved for execution by appropriate action of each party's governing body.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
day of 12003.
CITY OF AUBURN Approved as to form:
By: By:
Its: City Attorney
CITY OF DENT Approved as to form:
By: By:
Its: City Attorney
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COUNTY OF KING Approved as to form:
By: By:
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
By: By:
Its: State Attorney General
H: SRI67CORRIDOR\AGREEMENTSULA03.DOC
Page 6 of 10
Version 02/13/2003
II
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
KE TI T Phone: 253-856-5500
W A 5 H I N O T O N Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 3, 2003
,4
To: Public Works iru ittee
1
From: Don Wickstrom, P.E. Public Works Director
RE: James St/Central Ave Intersection Improvements - Condemnation
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As you are aware the James St/Central Ave intersection improvement project has been on the City's
six year Capital Improvement program since 1995. Only as of late has it been a fully funded project
with a budget of approximately$1,500,000. Of said total funds about $900,000 are grant funds
(TfB)•
The project includes the widening of the intersection to accommodate an additional south bound left
turn lane on Central Ave (south bound to east bound) and a right turn lane on James St(east bound to
northbound). Presently the design of the project has been completed and we're in the midst of right
of way acquisition. Of the eight parcels originally needed to be acquired five have been acquired
and three still remain outstanding. As reflected on the map these last three acquisitions are all
located on the east side of Central Ave and include the Kent School District's Kent Junior High
School property, the Phillips Conoco gas station on the north east corner of the intersection and the
TC's Offroad Center property just north of the gas station.
While we believe we may reach agreement on the School District's parcel the other two parcels we
are not so sure. As reflected in the attached diary of our negotiator the underlying owners thereof
because they are retired are difficult to find and in the case of TC's Offroad Center property has told
us to condemn. In the interest of finalizing these last acquisitions in a reasonable time frame we are
asking for authorization to condemn thereon. By doing so does not mean we will stop negotiation.
We will continue to do so up to trial date. What it does mean however is that we can anticipate a
definitive date that we will have the property and thus proceed to construction.
I
Motion:
Recommend to full council the adoption of the respective condemnation ordinance.
--------- ---�
�l GEORGE ST,
FT.L. NO. 132204-9070
TITLE NO. 496117 I y
KIM D. AND CYNTHIA D. r.
MARLATT T.L. NO. 914710-011
THOMASEW. AND40258 BETTE J.
i - CARLTON
I
T.L. NO. 132204-9028 - -- --
TITLE NO. 440257
KIM D. AND CYNTHIA D.
MARLATT
4 8j
.T!L NO. by r
T.L. N0. .44 44'� I. 13 TITLE 2 403
132204-9185 1 LiI`. 440259-A
TITLE NO. 440256 ia- Q TOSCO MARKETING
NELLIE M. MARLATT a II ,I ' CO D0Ld
-
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- 13 JAMES ST.
SR. T. 31 M. �.� L
33' 40.5 �M24C
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T.L. NO. 184970-0265 i ra
TITLE NO. 440255 T.L. N0. 38560-0005
CHEVRO SERVICES CO. - r TITLE N50. 496118
1 KENT SCHOOL DIST. NO. 415
LEGEND
T.L. NO. 184970-0223 33' 33' -
TITLE 110. 440254 — - CONDEMNATION
ALL CITY BA L BOND CO. INC.-
i ® RIGHT-OF-WAY ACQUIRED
T.L. NO. 184970-0215
TITLE NO. 440253 u!
JERR ZELINSKY !,
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\ JAMES ST. AND
•� CENTRAL AVE.
s `/KENT IMPROVEMENTS
9 o ex EXHIBR
CITY OF KENT SCALE - 100 A
o ENGINEERING DEPARTMENT DATE 02-20DJ
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496118
PARCEL A:
Lots 1 through 20, inclusive, Block 5, ALL of Blocks 1 thru 4,
inclusive, Blocks 6 and 7, McMillins Addition to Kent, according to
the plat thereof recorded in Volume 7 of Plats, page 58, in King
County, Washington;
TOGETHER WITH vacated State Street that would attach by operation of
law;
TOGETHER WITH vacated alley in Block 5 that would attach by
operation of law;
EXCEPT that portion conveyed to the City of Kent by deeds recorded
under Recording Numbers 4663582, 4B04847, 6476222, 710526031 and
8406120020.
PARCEL B:
Lots 1 through 7 and the west 10 feet of Lot 8, Block 20, Washington '..
Central Improvement Co's 1" Addition to Kent, according to the plat
thereof recorded in Volume 3 of Plats, page 97, in King County,
Washington;
TOGETHER WITH an unplatted strip adjacent north of said block and
south of Pioneer Street;
EXCEPT the east 20 feet of Lot 8;
AND EXCEPT that portion of Lots 1 through 5 as conveyed to the City '...
of Kent for alley by deed recorded under Recording Number 6423052.
PARCEL C:
East 20 feet of Lot 10 and all of Lot 11, Block 20, Washington '....
Central Improvement Co. 's First Addition to Kent, according to the
plat thereof recorded in Volume 3 of Plats, page 97, in King County,
Washington;
ALSO that portion of the northeast quarter of the northeast quarter
of section 24, Township 22 North, Range '4 East, W.M. , in King
County, Washington, lying south of the south line of Pioneer Street
as established in McMillin's Addition to Kent, according to the plat
thereof recorded in Volume 7 of Plats, page 58, in King County, 'i
Washington, north of the north line of said Block 20 of Washington
Central Improvement Co. 's First Addition to Kent, west of the east
line of said Block 20 and east of west line of the east 20 feet of
Lot 10, said Block 20, extended northerly. '.....
LEGAL DESCRIPTION, continued:
LEGAL DESCRIPTION, continued:
496118
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PARCEL D:
A tract of land in the northeast quarter of the north east quarter I�!
of Section 24, Township 22 North, Range East, W.M. , in King
County, Washington, being more particularly described as follows: '..
Commencing at the northeast corner of said Section 24;
Thence south 01°15'23" west, along the east line of said Section 24,
a distance of 645.97 feet, to the north line of Pioneer Street as
established in McMillin's Addition to Kent, according to the plat
thereof recorded in Volume 7 of Plats, page 58, in King County,
Washington, said point being that TRUE POINT OF BEGINNING;
Thence continuing south 01°15;23" west, along the east line of said '.....
Section 24, a distance of 124 .42 feet, to the intersection of the
easterly extension of the south line of Lots 1 through 11, Block 20
of Washington Central Improvement Company's First Addition to Kent,
according to the plat thereof recorded in volume 3 of Plats, page
97, in King County, Washington;
Thence south 89°49147" west, along said extension of the south line
of. Lots 1 through 11, a distance of 33 .46 feet, to the southeast
corner of Lot 11, Block 20 of said Washington Central Improvement
Company's First Addition;
Thence north 00'42100" east, along the east line of said Lot 11 and
the extension thereof, 95.33 feet, to south line of Pioneer Street
as established in said McMillin's Addition to Kent;
Thence north 88°38'12" west, along said south line of Pioneer
Street, 340.07 feet to the intersection of a northerly extension of
the west line of Lot 1, Block 20 of said Washington Central
Improvement Company's First Addition;
Thence north 00°47104" east, along said extension, 30.00 feet to the
north line of Pioneer Street as established in said McMillin's
Addition to Kent;
Thence south 88°38'12" east, along said north line of Pioneer
Street, 374.69 feet, to the TRUE POINT OF BEGINNING. '..
II
440259-A
That portion of the southeast quarter of the southeast quarter of '.
Section 13, Township 22 North, Range 4 East, W.M. in King County,
Washington, described as follows:
Beginning at the southwest corner of Block 4, Walmsley's Addition to
the City of Kent, according to the plat thereof recorded in Volume
45 of Plats, page 15, in King County, Washington;
Thence south B9053140" east along the south line of said Block 4, a
distance of 178.55 feet;
Thence south 0024120" west parallel with the easterly margin of
Central Avenue, as shown on said plat 234.76 feet to the northerly
margin of James Street as conveyed to the City of Kent by Deed
recorded under Recording No. 6465984, and as condemned in King
county Superior Court Cause No. 706251;
Thence north 89*37140" west along said northerly margin 146.55 feet;
Thence north 42002145" west along said northerly margin 47.41 feet
to the said easterly margin of Central Street;
Thence north 0024120" east along said easterly margin of central
Street 198.92 feet to the point of beginning;
EXCEPT that portion thereof conveyed to the City of Kent for street
by Deed recorded under Recording No. 8605200142.
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440258
e,roN
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Lots 1 through 4, inclusive, Block 4, Walmsley's Addition to the
city of Kent, according to the plat thereof recorded in Volume 45 of
Plats, page 15, in King County, Washington;
TOGETHER WITH vacated alley adjoining;
EXCEPT the following described tract:
Beginning at the southwest corner of said Lot 3;
Thence northerly along the west line thereof and the west line of
said Lot 4, a distance of 146.00 feet to the northwest corner of
said Lot 4;
Thence easterly along the north line of said Lot 4, a distance of
20.00 feet to a point of cusp with a curve concave to the southeast
having a radius of 26.50 feet;
ly and southerly, a distance of 30.01
Thence westerly, southwester
feet along said curve through a central angle of 64*53 -24";
ith said west lines, a distance of 121.50
Thence southerly parallel w
feet to the south line of said Lot 3;
Thence westerly along said south line, a distance of 4 .50 feet to
the point of beginning.
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DIARY OF RIGHT-QF-WAY ACTIVE FS
Project: City of Kent, James & Central Ave.
Owner: Carlton, Thomas W. and Bette Jo
Phone: Mexico 011-526-622.420134
1/31/03 Drove to Kent to look over the project and to make contact with owner. The business
located at730.NX6ht 1,Kent, WA 98032 is TC:k OFTROAD CENTER, Per Scott Murphy,
the store manager, the Carlton's live in Mexico much of the year. Their number there is 011-
526-622-420134. Owner is scheduled to be back in April
i
2/2/03 T/c to Mexico. Tom Carlton answered the phone and seemed very angry that the City
wanted to buy more property in front of his business. He said he only has two parking spots out
there and this project will take away both of them. He wants to know what the City plans to do
about that hurting his business. He also said that the last time the City did a project out front he
almost went out of business because the construction took so long. He said he is not selling at
all,unless the City wants to buy the whole business, then he'll sell. He did say the City can just
condemn if they need too, because selling in a strip like this harms his business too much. He
also seemed upset that the City didn't ask him for his input on the design and that this is the first
he has heard of the project. NEED TO VERIFY THAT HE IS NOT LOSING ANY PARKING
SPOTS,NEED TO PROVIDE HIM WITH AN OUTLINE AS TO HOW HIS BUSINESS WIL
BE IMPACTED,IF ANY, BY THE PROJECT. Told him that the project was tapering down
into the existing sidewalk at that point and the impact would be minimal.
After a little more discussion, he did tell me to at least send him the information,via a mail box
in Arizona,PO Box 6957, Nogales, AL 85628. He said he will look it over and get back to me.
He also said he has an attorney in Kent,Bob Kitto, and if he decides he is not going to sign the
paperwork,he will get in touch with his attorney,however, he doesn't want us to contact his
attorney until he decides what he is going to do.
I will send all the paperwork,along with a cover letter and a large copy of the City's plans for
this project off to him early this week.
Ili
McCaughan, Jerry
From: Linda Lane [laneassoc@attbi.com]
Sent: Wednesday, February 19, 2003 9:18 AM
To: Jerry McCaughan �-
Subject: Nelsons' d
uvt
Jerry- I have located the Nelsons who own a portion of the property where the 76#Otion is located. They are in Hawaii
until mid-April. A woman named Lucy called who works for them and she asked that I send the package to her first so she
can look at it, then she will send it to the Nelsons' in Hawaii.
Well we finally tracked down all the owners. Three of the four are out of state.
I met with Mr. Banks on Monday and will type up a dairy. Very nice older gentleman who wants to work with us but still
make sure his lease is okay and isn't in jeopardy. He requested a copy of the release of lease once the gas company
signs off and I said no problem.
He will be taking the package to an attorney.
Linda
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McCaughan, Jerry
From: Linda Lane [Ianeassoc@attbi.com]
Sent: Thursday, February 13, 2003 9:55 AM
To: Jerry McCaughan
Subject: Carotscrt?hatJtps#rnsaetion • :
Jerry-We started calling Wredes'from out of the phone book and we got ahold of their niece. She said she would call her
aunt and uncle and have them get ahold of us.
They called me this morning and they are currently staying down in Arizona and will be back in mid-April. I told them that
we needed to work on the negotiation now and not when they get back in April. They said fine, they sound like nice
people, I told them I would fed ex or postal express their package to them! I asked them if they knew the Nelsons and
they said no.
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ed a call to Carlton in Mexico. They have not yet received the package. They go into town once every seven to ten
and that is when theypick up the mail. Sowearewaitingform them to go intotown and getit. Thewifesounded
sant on the phone.
CohoboPhttl'ips- placed a call to Jerry Lyndes whom I sent the package to in Arizona and asked him to give me a ring
back.
Kent School District- I will call Fred Long today.
Just a brief update for you.
Linda Lane
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McCaughan, Jerry
From: Linda Lane [laneassoc@attbi.com]
Sent: Wednesday, February 12, 2003 6:24 AM
To: Jerry McCaughan
Subject: Conoco Phillips Fite '
Jerry- I still have not located the Wrede's or the Nelsons on this parcel. I have the title company working on it. There is a
recent easement in the file that they signed in 2002 in which the Wredes' signature was notarized in Riverside County,
California. The mail I send out to them is returned. I am going to drive out to their old address and see if any of the
neighbors can tell me where they are located. There was a return address for a law firm on one of the documents so I
called them but they have no record of where the Wredes are located. They had mail returned in 1999 and since then
have lost track of them.
I have no idea where the Nelsons are. We are going to start calling Nelsons from the phone book to see if any of them are
related to our Nelsons.
Like I said, the title company is going to try and help me.
Just wanted to let you know. If you have any other ideas of how to go about locating these people please let me know.
Thank you.
Linda
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J Diary of Right of Way Activities
Phillips Conoco
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)Q (11Vftk[i 91ftN41NC. (lessee)
Mr.Mike Elmer
28425 18"Ave. So.
Federal Way, WA 98003
(253)951.7260
1/13/03 - I met with Mike Elmer out on site and he seemed very easy going and pleasant.
But he is not the point of contact. He told me to contact Dan Baldwin,the real estate
representative at 206-706-2340. I called Dan and he said the process is a long one. He
gave me the name and number of the gentleman I am suppose to forward the paperwork
to in addition to photos. 'His name is:
Jerry Lyndes(602) 728-4892
1500 No. Priest
Dept DC 56
Jerry Lyndes
P.O. Box 52085
Tempe, AZ 85281
Jerry will briefly look at the documentation and then forward it to Range West in
Arizona.. Range West will review the documentation and give Jerry the go ahead to
execute the documents. I am to forward him photos of the site also. I also called the title
company to update the title to see if a name change has taken place as of yet.
Neither Dan nor Mike wanted copies of the documents at this time. Dan Baldwin did
request copies of everything once it is signed off.
In addition I have gotten ahold of one of the land owners John Banks(wife deceased).
He has an interest in the parcel numbered 109 on the plat map attached to the title report,
He stated that Nelson owns the large parcel on the corner. That leads me to believe that
Wrede may own the other parcel in the corner. Jerry is helping me in regards to the title.
Linda
1
1/23/03 —Wredc's paperwork came back in the mail stating that their address is incorrect.
I need information from Jerry as to past mailing addresses for these people LL
n / p CL1t l iiLt f: �(1.•: /!'.xrG%-
�(,.C9. /i".µ� J
1/30103 —Received file from Jet, need to prepare package to be sent to Arizona.
Package should go out by Feb. 4' , Need to have Jerry review cover letter prior to
sending.
LInda
PUBLIC WORKS DEPARTMENT
Don E. Wiekstrom, P.E. Public Works Director
K E N T Phone: 253-856-5500
w"s"'"°'°" Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: March 3,2003
To: Public Works Committee
From: Don Wickstrom, P.E. Public Works Director
RE: Puget Sound Energy Construction Agreement for
1st Avenue N. and e Avenue N. Underground Power Conversion
As part of the Kent Station project, the City is widening 1"t Ave. N. and 4`t'Ave. N. between James
St. and Temperance St. Along both streets overhead utilities need to be converted to underground in
accordance with City ordinance. The attached agreement with Puget Sound Energy establishes a
scope of work, schedule, and costs for PSE's work..
The Public Works Director recommends approval of the agreement and that the Mayor be authorized
to sign same.
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Motion:
Recommend authorizing the Mayor to sign the Puget Sound Energy Construction Agreement upon
concurrence of the language therein by the City Attorney and the Public Works Director.
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: 15t/4 h Avenue Conversion
Project Number: 101011034
THIS Agreement, dated as of this_day of 200_, is made by and
between the CITY OF KENT, a Municipal Corporation (the"Government Entity'), and PUGET SOUND
ENERGY, Inc., a Washington Corporation (the"Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area")with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of Seotember 12, 2002 (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.
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(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:
1) 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: Schedule 74
City of Kent: 1S/41h Avenue Conversion
PSE#101011034
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) "Estimated Reimbursable Private Conversion Costs"shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) "Estimated Reimbursable Temporary Service Costs"shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs"shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs"shall mean the 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.
(1) "Party"shall mean either the Company, the Government Entity, or both.
Q) "Private Property Conversion"shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (1) outside of the Public Thoroughfare, or(ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii)the
applicable requirements and specifications for the Work, (III) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv)an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v)the Work Schedule.
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(1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs"shall mean (i) all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
Construction Agreement: Schedule 74 z
City of Kent: 1"/0 Avenue Conversion
PSE#101011034
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 (1) 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 (1) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) 'Total Shared Costs"shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or(ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) "Work"shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) "Work Schedule"shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obligations of the Comoanv
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City of Kent: 1"/4'"Avenue Conversion
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(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in,the Project Plan (the "Company Work"):
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity,the Company shall provide periodic reports of the
progress of the Company Work identifying (1)the Company Work completed to date, (ii)the
Company Work yet to be completed, and (ill)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
ill) 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 (ill) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
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City of Kent: 1 S'/O Avenue Conversion
PSE#101011034
(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.
(a) 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. j
I
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. Chances.
i
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a"Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications,drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv)changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs,the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
Construction Agreement:Schedule 74 s
City of Kent: 1 m10 Avenue Conversion
PSE#101011034
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: (1)any Force Majeure Event under Section 11,
below, (ii)the discovery of any condition within the Conversion Area which affects the scope, cost,
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or(iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the 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.
iii) The Government Entity shall pay one hundred percent(100%)of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent(100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent(100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(1) 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 Parry under this Agreement(the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity)the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
Construction Agreement:Schedule 74
City of Kent: 151/4`h Avenue Conversion 6
PSE#101011034
i
I
i
The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive
number, and (8) shall be an amount payable to the Government Entity if it is a negative number.
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the"Government Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights, and(ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty(30) business days after the Company's receipt of the Government Itemization and
requested documentation and information,the Company shall provide the Government Entity a
written statement(the "Company Statement") showing (i)an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
NO the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs,and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
8. Indemnification
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
Construction Agreement: Schedule 74
City of Kent: 1'`/41"Avenue Conversion
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Preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons'and entities' Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must(i)
provide a service trench and conduit, in accordance with the Company's specifications,from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty(20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle,Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s)of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case(including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys'fees) by the other Party.
(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:Schedule 74
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1 1. 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
parry; or any failure or delay in the performance by the other Party, or a third party who is not an j
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 insurance, with a minimum coverage of$2,000,000 per
occurrence and $2.000.000 aggregate for personal injury; and$2.000.000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of$2.000.000.
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Agreement Subiect To Tariff This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement,the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company(i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii)shall be paid within thirty (30)days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(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.
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City of Kent: 1� 4'Avenue Conversion 9
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With Law. The Parties shall in performing the Work under this Agreement, comply
(d) ComplianceP 9 9
with all applicable federal,state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race,color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Independent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement,the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
Q) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
Construction Agreement: Schedule 74 10
City of Kent: 1't/4r"Avenue Conversion
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(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
Attn:
Fax:
If to the Company: Puget Sound Energy, Inc.
6905 South 228'" Street, SKC-SVC
Kent, WA 98032
Attn: Mary Ausburn,AICP
Fax: (253) 395-6835
Any Party may change its address specified in this Section 13(I) by giving the other Party notice of
such change in accordance with this Section 13(1).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws),except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written or oral,with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however,that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity: Company:
CITY OF KENT PUGET SOUND ENERGY, INC.
BY BY
ITS ITS
Date Signed Date Signed
Approved
as�to form:
�
Construction Agreement:Schedule 74
City of Kent: 1 s+/4+"Avenue Conversion
PSE#101011034
PUGET SOUND ENE RGY
Schedule 74 Construction Agreement
Exhibit A "Project Plan"
City of Kent: 0 Avenue North and 41h Avenue North Conversion
This Project Plan describes work to be performed by Puget Sound Energy (PSE) and the City of
Kent (the City) for the conversion of certain PSE electrical distribution system facilities as
described herein (the Conversion Project). In addition to this document, the Project Plan
includes and consists of:
All relevant drawings and specifications for the Conversion Project work
All relevant PSE Standards for installation of PSE facilities
The Project Cost Estimate document(s)
Revisions to this Proiect Plan must be mutually approved by the City and PSE.
Scope of Work
The project includes conversion of the existing overhead electrical distribution facilities (15 kV
or less) to underground facilities within the City public thoroughfare along portions of two j
separate roadways, Is`Avenue North and 41h Avenue North. The project limits along both
roadways are from the north side of West James Street to approximately West Temperance
Street. The portion of the project along ls` Avenue North extends a distance of approximately
1,010 feet and the portion of the project along 41h Avenue North extends a distance of
approximately 1,120 feet.
A new connection point for every customer within the conversion area will be provided by the
new underground system.
Responsibilities of Parties
Citv
a) The City will provide all surveying for equipment placement locations and establish all grade
elevations for new PSE underground distribution facilities within the conversion area.
b) The City, or its contractor, will provide all necessary excavation, bedding,back511, off-site
disposal, and site restoration for the conversion project, along with the coordination of other
utilities participating in the conversion project.
c) The City, or its contractor, will install all ducts and vaults for the new PSE distribution
facilities in accordance with PSE Standards using materials provided by PSE.
1
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#101011034
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d) The City, or its contractor, will provide PSE, or its contractor,ten(10) working days notice of
anticipated conduit and vault installation to allow for delivery of PSE's materials and scheduling
of the on-site Inspector. A working day is defined as Monday through Friday between the hours
of 7:00 AM and 6:00 PM, excluding holidays.
e) The City, or its contractor, shall provide a secure staging area for materials storage. A
schedule for vault deliveries must also be provided to coincide with the contractor's schedule.
f) The City will facilitate the conversion of the existing overhead service to underground within
the conversion area.
g) The City, or its contractor, is responsible for coordinating and scheduling removal of other
utility attachments on PSE poles.
h) The City will provide ten (10) working days notice to schedule mobilization and wreck-out of
PSE conductors, devices, equipment and poles.
i) The City, or its contractor, is responsible for all flagging and traffic control, including
Unifonned Officers when required, for the duct and vault installation phase of this project.
j) The City, or its contractor, will provide scheduled excavation within two (2) working days
notice at two (2) locations on 4t' Avenue, where PSE or its contractor's line crews will intercept
ever rzed facilities. hr addition, the City or its contractor will be required to provide excavation
for cut-over and transfer operations working directly with PSE or its contractor's line crews.
PSE
a) PSE, or its contractor, will provide all of the duct and vault materials necessary for the
electrical supporting structure, along with inspection services needed for overseeing the proper
installation of such. Materials will be delivered within the ten (10) working day notice provided
by the City.
b) PSE will accept delivery of the completed duct and vault system once the new system has
been"proofed"by the City, or itscontractor. "Proofing" is defined as: free and clear of debris
and damage, installed to the proper grade and location and containing a pulling line.
c) Once vault and conduit installation is completed by the City and accepted by PSE, PSE or its
contractor will complete and energize the new underground distribution within thirty(30)
working days.
d)PSE, or its contractor, will notify the City in writing when the new underground system is
energized.
e) PSE or its contractor will perform cut-over and transfer of existing customers and facilities to
the new underground system, where applicable.
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f) PSE will remove the existing overhead system and poles within twenty(20) working days
upon notice provided by the City that all other utilities and services will be removed off of the
poles.
g) PSE, or its contractor, is responsible for all flagging and traffic control during the installation
of wire and removal of the existing overhead system for this project.
h)PSE, or its contractor, will tamp fill holes left from pole removal with crushed rock.
i) The City has elected to install the conduit and vaults for this conversion project. On-site
1
inspection services are required for PSE facilities that are installed by the City, or their
contractor. PSE will arrange for the inspection services.
Operating Rights
The existing overhead distribution facilities within the Conversion Area are located within Public
Thoroughfare. The Underground Distribution System will be located within Public
Thoroughfare, or other equivalent rights (title to which shall be in the City's name)pursuant to
Schedule 74 Section 3.
Cast Allocation
Cost allocation for this project will be governed by PSE's Rate Schedule 74. Please refer to the
Compensation and Payment section of the Construction Agreement for additional information.
Cost ASsulnptioll s
The project design, construction plans and cost estimates are based on the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement.
1. After substantial completion of the utility trenching work, PSE, or its contractor, will be
provided continuous access to the construction site and associated electrical work during the
core work day hours from 7:OOAM to 6:00 PM Monday through Friday.
2. Should lane closures become necessary, PSE or its contractor will be limited to working
between the hours of 8:00 AM and 5:00 PM or as specified by the City's traffic department.
3. Work will be required on two (2) weekend days to cross James Street. Overtime premium
pay will be required for those Potelco employees that work weekends. Inspection services
and overtime premium pay for the two (2) weekend days that will be scheduled is included in
the cost estimate.
4. The normal construction crew work schedule consists of five (5) eight-hour workdays per
Week, within the core hours referenced in item 1.
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5. Inspection costs are based on the assumption that eighty-eight (88) hours of inspection time
will be necessary.
6. Cutover and transfers of existing customers will be performed during the working period
referenced in assumption 1. Overtime charges will apply for work performed outside of the
working period referenced in assumption 1.
7. The cost estimate, prepared on approximately December 18, 2002, is based on a specific
scope of work to be performed by PSE and/or their contractor with the assumption that PSE
crews will have continuous productive work to install facilities in the conduits and energize
the system, starting (approximately) in May, 2003.
8. The City provided hard copy preliminary plans for street improvements specifically for this
conversion project dated August 9, 2002. These plans were utilized to develop the initial
design plans for the conversion effort. Conduits and vaults shall be installed in accordance
with PSE's Final Design Drawings delivered to the City on December 20, 2002.
9. City right-of-way use permits are the only permits necessary for PSE to install facilities in
the conduits, energize the system and remove the existing overhead system and poles and
will be issued within two (2)weeks of submitting a complete permit application (including
any supporting documentation reasonably required by the City). The cost estimate assumes
there will be no charge for the permit(s).
10. Uniformed Police officers are not included for traffic control that may be necessary during
the wire-pulling and wreck-out stages of this project.
11. Conduits and vaults installed by the City for use by PSE are accessible and are installed to
PSE standards suitable for pulling power conductors and installation of power equipment.
12. Locations for new facilities as shown on the plans are available for use.
13. Work requiring a scheduled disruption of electric service to non-residential customers will be
done during work hours specified in assumption 1. Outages shall be scheduled with a
minimum of two (2) business days notice, more if possible. PSE or its contractor will notify
customers of pending outages.
14. Work does not include installation and/or removal of"temporary" facilities at the request of
others during construction.
15. The current cost estimate is based on the installation of facilities at locations shown on the
plans.
16. If the City requests multiple mobilizations for wreck out of electrical facilities, PSE will seek
additional compensation.
City of Kent 4
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Addition
al Considerations �
Overhead Service Conversions
There is one (1)overhead commercial service that will require conversion to underground within
this conversion area. This service is to City owned street lighting along 151 Avenue North,just
south of West James Street. PSE rate schedule 85 will apply to this installation.
Transfers and cut-overs will be accomplished based on the completed applications received for
service conversions placed by the customers within the conversion area. Once all customers and
the remaining utilities have transferred off the existing overhead system, PSE can begin removal
of the overhead system.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE rate schedule 85 will be addressed on a separate work order and work sketch. Additional
costs may apply and will be quoted separately.
Service Disruption
Some PSE customers within the conversion area will experience disruption of electric service as
a result of this conversion. The following is a list of PSE customers within the conversion area
and what PSE has determined to be the effect on these customers:
1 Bank of America/US Bank—No disruption of electric service anticipated.
2 King County Regional Justice Center—Service disruption of approximately eight (8)
hours required for the transfer of existing PSE underground feeder conductors off of pole
ROI over to switch S WO .
3 Kent Commons Community Center— Service disruption of approximately six (6) hours
required to splice out existing underground primary conductors to new J-Box J02.
4 Sound Transit Station/Parking Facility -No disruption of electric service anticipated.
PSE Facility Design Standards
The following PSE Design Standards are included in this Project Plan and may be applicable to
this Conversion Project:
6325.3200 Underground Services
6775.0035 Vault,Handhole and Padmounted Equipment Location
6775.0040 Vault and Handhole Installation
6790.0110 Customer Supplied Trench for Commercial/Multifamily Developments
6800.4050 Depth of Burial Requirements for Underground Cable
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City of Kent
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6800.6000 PVC Conduit Installation
6825.6505 Installation of Electronic Markers
Aceeptance of Project Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By: By
Date: Date:
I
City of Kent 6
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