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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/04/2003 Public Works Committee Agenda ® Councilmembers: Julie Peterson#Rico Yingling#Tim Clark, Chair \11,47DENT August 4, 2003 was„ �o, a Item Description Action Speaker Tine Page 1. Approval of minutes dated July 7, 2003 yes none 05 1 2. Project Construction Agreement with Puget Sound Energy Pacific Hwy S HOV Lanes Project—Authorize yes Don Wickstrom 05 2 3. Joint Utility Trench Agreement with Comeast Pacific Hwy S HOV Lanes Project—Authorize yes Don Wickstrom 05 28 4. Bret Gagliardi Sewer Latecomers Agreement Authoize yes Don Wickstrom 05 41 5. Vehicle and Equipment Surplus-Authorize yes Don Wickstrom 05 43 6. Public Works Trust Fund Pre- yes Don Wickstrom 05 45 Construction Loan -Authorize 7. Rainwater Harvesting System—Amend Kent City Code yes Don Wickstrom 05 70 8. Proposed L.I.D.: 120°i PI SE Sanitary Sewers Set Hearing Date yes Don Wickstrom 05 78 i C Unless otherwise noted,the Public Works Committee meets at 5:00 p.m- on the 1"and P Mondays of each month. Council Chambers East,Kent City Hall,220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works at(253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253)856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. P;�Puhlic\Administrative supportVanet'Public Works Committee Meetings\I'w Agenda's\030804Am -t- PUBLIC WORKS COMMITTEE MINUTES July 7 2003 COMMITTEE MEMBERS PRESENT: Bruce White sitting in for Chair Tim Clark , Rico Yingling, and Julie Peterson, The meeting was called to order by Rico Yingling at 5:04 P.M. Approval of Minutes of June 2, 2003 Committee Member Julie Peterson moved to approve the minutes of June 16, 2003. The motion was seconded by substitute Committee Member Bruce White and passed 3-0. Water Conservation Amendment to the 2002 Water System Plan Public Works Director Don Wickstrom said that per our agreement for the Pipeline 5 Second Supply Project we are required to conduct a Water Conservation Potential Assessment. Conservation Specialist Robyn Bartelt explained the CPA reflects new and existing programs that will help attain a 10% reduction in water use from improved water-use efficiency by the year 2010. Committee Member Rico Yingling commented on the conservation plans and leadership of the City of Kent Environmental Team and his hope that the programs will continue. Julie Peterson moved to recommend that the Council authorize amending the 2002 Water System Plan which was adopted by Ordinance # 3606 on June 18, 2002 to include the Water Conservation Potential Assessment. The motion was seconded by Bruce White and passed 3-0. Proposed LID 356— 11 It" Ave Sanitary Sewers—Set Hearing Date Don Wickstrom said the City received a xetition for the installation of sanitary sewers in the vicinity of 111 n'Ave SE and SE 256` St., all property owners were contacted and there appears to be about 64% in favor of the project. Bruce White moved to recommend that Council adopt the Resolution of Intent setting a public hearing date on the formation of LID 356. The motion was seconded by Julie Peterson and passed 3-0. The meeting adjourned at 5:16 P.M. Janet Perschek Administrative Assistant PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 K E*r T Fax: 253-856-6500 W.$„.. G.O. Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: August 4, 2003 TO: Mayor White and Kent City Council FROM: Doi W kstrom, Public Works Director THROUGH: SUBJECT: Project Construction Agreement with Puget Sound Energy Regarding Pacific Highway South HOV Lanes Project I\IOTION: Recommend authorizing the Mayor to sign the Project Construction agreement with Puget Sound Energy upon concurrence of the language therein by the City Attorney and the Public Works Director. SUIIIAIARY: Underground Conversion Agreement between the City of Kent and Puget Sound Energy for conversion of the overhead power to underground for the South Phase of the Pacific Highway South HOV Lanes Project between S. 252" Street and S. 272"`� Street. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: As part of the Pacific Highway South HOV Lanes Project the overhead distribution power is being converted to underground in order to meet the requirements of City ordinance. In accordance with a settlement between Puget Sound Energy, local jurisdictions and the Washington Utilities and Transportation Commission, Cities are required to enter into Construction Agreement with Puget Sound Energy to dictatate the terms of the underground conversion. The total cost to the City for this conversion project is approximately S�SQ000. i Mayor White and Kent City Council Construction Agreernent Pac Hw S. HOV Lanes- August 4, 2003 Y 1 -3- SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement i Project Name: Pacific Highway South HOV Lanes: South Phase Conversion Project Number: 101013455 THIS Agreement, dated as of this_day of 2003, 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 September 12, 2002 (the"Design Agreement"), pursuant Io 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 i The Government Entity and the Company therefore agree as follows: 1. Definitions. i (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including, without limitation, the following: i i) Cost of Conversion; ill 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: Pac.Hwy.So. South Phase Conversion PSE 4101013455 4 of such diameter and number as may be specilied 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 laith 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 lime 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. (1) "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 lime in accordance with Section 6, below. (g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6,below. (h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (i) "Party" shall mean either the Company, the Government Entity, or both. 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, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A. as the same may be changed and amended from time to time in accordance with Section 6,below. The Project Plan includes, among other things,(i)a detailed description of the Work that is required to be performed by each Party and any third party, (ii)the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by cacti Pa for the Con:ersio^ o ojec; (and the requirements and specifications with respect thereto), (iv)an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any)and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs"shall mean (i) all Costs of Conversion, if any,incurred by the Company which are attributable to a Private Property Conversion, less(ii) the distribution pole replacement costs (if any) that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities Construction Agreement: Schedule 74 t City of Kent: Pac.Hwy.So. South Phase Conversion PSE #101013455 replacement program, plus (iii)just compensation as provided by law for the Company's interests in real properly on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs allribulable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) "Reimbursable Temporary Service Costs"shall mean all costs incurred by the Company which are attributable to(i) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided,however,that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the"Shared Company Costs' shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. (q) "Shared Government Costs"shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii) the acquisition of any Operating Rights which the Parties have,by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project,but only to the extent atlribulable 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 moan all work to be performed In C.,,, ..C:IC, '1!; 1!;C 0 . n Pi..v••,•�, a ''.jc�, s m ti e specifically described in the Project Plan,including,without limitation,the Company Work(as defined in Section 2(a),below) and the Government Work(as defined in Section 3(a),below). (t) "Work Schedule"shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Obligations of the Company. Construction Agreement: Schedule 74 City of Kent: Pac.Hwy.So. South Phase Conversion PSE #101013455 l 6 (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specilied in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Company Work"): i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles)of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i)the Company Work completed to dale, (ii)the Company Work yet to be completed, and(iii) an estimate regarding whether the Conversion Project is on target with respect 10 the Estimated Shared Company Costs,the Estimated Reimbursable Private Conversion Costs (il 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. i (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. j 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement,the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the "Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults;and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards)with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i) the Government Work completed to date, (ii) the Government Work yet to be completed,and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. Construction Agreement: Schedule 74 City of Kent: Pac.Hwy.So. South Phase Conversion PSE 4101013455 -7- (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. i (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 dale 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. & Location o1 Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located,and all related Operating Rights shall be obtained, in the manner set forth in the applicable Provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Changes (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement (a"Request for Change"), including,but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (iii)changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. I (b) If any change. inchided in an approved Pon, fnr r'hnnno illd _y--- ....y„ 1 anggc in flha Cos, 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 City of Kent: Pac.Hwy.So. South Phase Conversion s PSE #101013455 -8- I equitably adjusted from lime to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below,(ii)the discovery of any condition within the Conversion Area which affects the scope, cost, schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the dale 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 (400/.)to the Government Entity. ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent(100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i)and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable,to the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity) the amount of the Shared Government Costs. ii) Adding (as a credit to the Company) the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. Construction Agreement: Schedule 74 6 City of Kent: Pac.Hwy.So.South Phase Conversion PSE #101013455 The Net Amount, as so calculated, (A) will be an amount payable to the Company If it is a positive number, and (B) shall be an amount payable to the Government Entity it it is a negative number. (c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the"Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment,overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty (30) business days after the Company's receipt of the Government Itemization and requested documentation and information,the Company shall provide the Government Entity a written statement (the "Company Statement")showing (i) an itemization of the Shared Company Costs, (ii)the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which,under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement,and (vii) the Net Amount, as determined in accordance with Section 7(b), above,together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared Company Costs by the following categories, as applicable: (i) design and engineering costs, and (ii) construction costs,including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty(30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information, the Net Amount shall be paid by the owing Party to the other Party, as specilied 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 o1 a Party under this Section 8, 1 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 7 City of Kent: Pac.Hwy.So. South Phase Conversion PSE 0101013455 -10- 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,Irom 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 65 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 anv 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 10 perform their respective obligations under this Agreement during the pendency of any dispute. Construction Agreement: Schedule 74 e City of Kent:Pac.Hwy.So. South Phase Conversion PSE A101013455 -11- II 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control(a"Force Majeure Event"). then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance;flood, earthquake or other Act of God;storm,earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party,its contractors or a third party;or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event, 12. Insurance. I (a) PSE shall, and shall require each of its contractors to,secure and maintain in force throughout the duration of the Conversion Project(or, it 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,it 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 sell-insurance. 13. Other. (a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule SO 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 Proied an this Ag ePment 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 10 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,S, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement (c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. Construction Agreement:Schedule 74 s City of Kent: Pac.Hwy.So. South Phase Conversion PSE #101013455 -11- (d) Compliance With Law. The Parties shall,in performing the Work under this Agreement, comply with all applicable federal,state, and local laws, ordinances, and regulations. (e) No Discrimination, The Company,with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence o1 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 lacililies 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 Enlity 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 Slate Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company,or any _ employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement,be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties,their respective successors, assigns and legal representatives- (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect,of all governmental regulatory authorities and courts having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. (j) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Construction Agreement: Schedule 74 10 City of Kent: Pac.Hwy.So. South Phase Conversion PSE H101013455 '.. -13- (1) Notice. Any notice under this Agreement shall be in writing and shall be taxed (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(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws),except to the extent such laws may be preempted by the laws of the United States of America. In) 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 n City of Kent: Pac.Hwy.So. South Phase Conversion PSE #101013455 -14— Lthibit A "Project Plan" Schedule 74 Underground Conversion PUGET SOUND ENERGY City of Kent Pacific Highway South HOV Lane Project: South Phase South 252"d Street to Sorrth 272"" Street PSE Job Number: 101013455 Introduction 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 doctnnent, the Project Plan includes and consists of the follo%ving: • Applicable drawings, requirements and specifications for the Conversion Project work. • Description of Operating Rights to be obtained by the City for the Conversion Project. • Summary of Estimated Conversion Project Costs. Revisions to this Project Plan must be mutually approved by the City and PSE. Scope of Work Pursuant to PSE's Rate Schedule 74, PSE will convert its existing overhead electrical distribution system of 15 kV or less to an Underground Distribution System within the following project area (the Conversion Area): Along Pacific Highway South (SR 99),the project w ill extend from approximately 200 feet north of South 252nd Street to the Kent City Limits at South 272rd Street. The total footage along Pacific Highway South is approximately 7,500 feet. The project includes modification or replacement of all existing sen ice lines within the Conversion Area to connect to the Underground Distribution System and removal of PSE's existing overhead distribution facilities from the Conversion Area. The existing overhead distribution facilities to be converted are located within the City's public thoroughfare. There are no Company initiated Upgrades, Government Entity Requested Upgrades or Temporary Service elements included in the Project Scope. Relocation of certain PSE Electric Transmission System facilities and Natural Gas facilities within the Conversion Area will be performed by PSE under the terms of its current Franchise Agreement with the City. I City of Kent 1 Pacific Highway South: 252"d to South 272nd #1010 13455 —i�— Responsibilities of Parties City i a) The City will provide all surveying for equipment placement locations and establish all grade elevations for the Underground Distribution System within the Conversion Area. b) The City will incorporate PSE's design for the Underground Distribution System into a bid package. The City will prepare drawings and specifications for the bid package for the trenching, vault excavation, duct and vault installation. The City ,vill advertise for bids, evaluate bids, award a contract and monitor the selected Contractor's activities. c) The City will provide all necessary excavation, bedding, backfill, off-site disposal, and site restoration for the Conversion Project, along with the coordination of other utilities participating in the Conversion Project. d) The City will install and proof all ducts and vaults for the Underground Distribution System in accordance with PSE standards using ducts and vaults provided by PSE. "Proofing" as used herein is defined as: verification that the duct and vault system is free and clear of damage, installed to the proper grade and at the proper location and contains a pulling line. e) The City will provide all flagging and traffic control for the trenching, excavation, and duct and vault installation phase of this project. f) The City will provide PSE ten (10) working days notice prior to the start of duct and vault installation to allow for delivery of PSE's materials to thejob site and scheduling of the on- site Inspector. g) The City will provide a secure staging area for PSE's ducts and vault materials storage. A schedule for vault deliveries will be provided to PSE to coincide with the City contractor's schedule. h) Once the Underground Distribution System is energized, the City will provide notice to property owners informing them of their responsibility to convert their overhead sen ice lines to underground service lines in accordance with RCW 35.96.050. i) The City will coordinate removal of other utilities from PSE's poles within the Conversion Area and anyjoint use by other utilities of trenches for the Conversion Project. j) The City will attend weekly construction meetings with PSE and City's contractor. Puget Sound Energy a) PSE will design the Underground Distribution System including duct and vault location, size, quantity, materials, customer service locations as well as all other design work required to provide a complete system. b) PSE will provide all of the duct and vault materials necessary for the Conversion Project, along with inspection services needed for overseeing the proper installation of ducts and vaults by the City's contractor. Duct and vault materials will be delivered to thejob site in accordance with the City Contractor's schedule, following ten (10) Nvorking days notice provided by the City of the start of duct and vault installation. City of Kent 2 Pacific Highway South: 252"d to South 272"d 4101013455 c) PSE will accept delivc,y of the completed duct and vault system once the new system has been "proofed" (as described above) by the City. d) PSE will complete and energize the Underground Distribution System within 130 working days following PSE acceptance of the duct and vault system installed by the City. A working day is defined as 1vlonday through Friday between the hours of 7:00 a.m. and 6:00 p.m., excluding holidays. e) PSE will notify the City in writing when the Underground Distribution System is energized. f) PSE ,vill install (for residential customers) and/or connect new underground service lines to the Underground Distribution System. PSE will perfonn cut-over and transfer of existing underground service lines from the overhead distribution system to the new Unde,round Distribution System, where applicable. PSE will notify affected customers at least two (2) business days prior to installation, transfer and connection of underground service lines. Customers need to make appropriate application to PSE. g) Pursuant to PSE's pole attachment agreements with other utilities, PSE will provide timely notice to other utilities attached to PSE's poles within the Conversion Area that such poles will be removed and that such other utilities must relocate their facilities. h) PSE will complete removal of its overhead electric distribution system including, service wire, conductors, down guys, anchors, poles and service lines within 45 working days front the date that all customer service lines have been trans ferred/connected to the Underground Distribution System and all other utilities have been removed from PSE's poles. i) PSE is responsible for all flagging and traffic control during the installation of tine Underground Distribution System (except for installation of ducts and vaults), connection of customer service lines and removal of the existing overhead distribution system facilities. j) PSE will fill and compact holes left from pole removal with crushed rock. k) PSE will attend weekly construction meetings with the City and City's contractor. Additional Right-of-TVay The existing overhead distribution system facilities within the Conversion Area are located within the Public Thoroughfare. The new Underground Distribution System will be located within the Public Thoroughfare, or other equivalent rights (Title to which shall be in the City's name) pursuant to Schedule 74, Section 3, except as provided below. The City and PSE have agreed that in certain locations there is not sullicient space l%ililin the existing Public Thoroughfare for PSE to place their facilities. The City has agreed to acquire additional right-of-way as described in Attachment A hereto. Costs for acquisition of the additional right-of-way are a Shared Government Entity Cost and are included in the Project Construction Summary Estimate. PSE acknowledges that if the City is unable to acquire the additional right-of-way using a good faith effort, PSE will have the option of acquiring their oven operating rights (at PSE's own expense, a non-shared cost) at these locations. City of Kent 3 Pacific Ilighway South: 252"" to South 272n' 4101013455 -17— i Schedule The City and PSE will perform the work described in this Project Plan in accordance nOh the Project Schedule in Attachment B hereto. Cost Allocalion Cost allocation for this project will be governed by PSE's Rate Schedule 74. Refer to Section 7 "Compensation and Payanent"of the Construction Agreernent for additional inforniation. Cost Assumptions The project design, construction plans and cost estimates are based on [lie 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. Following acceptance of this Project Plan and execution of a Construction Agreement, the City will begin construction of the underground trenching and vault excavation in July 2003. 2. The enclosed cost estimate is based on the specific scope of work to be performed by the City and PSE. The City's cost estimate for installation of ducts and vaults is based on the design drawings provided by PSE dated January 23, 2003. 3. After completion by the City of installation of ducts and vaults, PSE crews will hace continuous productive wwork to install facilities in the ducts and vaults and energize the system, starting approximately November 2003. 4. After substantial completion of the utility trenching work, PSE will be provided continuous access to the construction site and associated electrical %work during; the core business hours from 6:30 AM to 5:30 PDl Monday through Friday, excluding holidays. Should lane closures become necessary PSE is limited to working between the hours of 830 AM to 3:30 PAl. Work perfomaed outside of core business hours may be subject to overtime rates at PSE's discretion. 5. Once PSE's construction crews are mobilized, the conversion will be constructed in one continuous-nonstop effort, end to end, until the project is completed. 6. Cut-over and transfer of existing customers will be scheduled during the core business hours stated in assumption 4 above. 7. PSE will accept or reject (%with writtenjustification) the duct and vault installationwwork within five (5) working days of notice of completion by the City. If PSE rejects any of the ducts or vaults with acceptable written justification, the City will have its contractor perform the necessary remedial work. The City will then re-notify PSE and PSE shall have 5 days to acceptor reject the remedial work. 8. Once duct and vault installation is completed by the City and accepted by PSE, 130%working days of construction crew time by PSE will be necessary to complete and energize the Underground Distribution System. City of Kent 4 Pacific Highway South: 252i'to South 272"" 001013455 -18- 9. Conversion of customer ,ervice lines may take up to 90 days from the date the customer's are notified by the City that service from the Underground Distribution System is available. During this time PSE may not be mobilized on the Conversion Project. 10. PSE's design is based on roadway design drawings provided by the City dated Amusl 8, 2002. These plans were utilized to develop PSE's plans for the Conversion Project. 11. The City is solely responsible for the cost of traffic control for trenching and excavation. The cost of traffic control for installation of the ducts and vaults is a Shared Govemment Cost. 12. The cost for preparing that portion of a bid packet for the installation of ducts and vaults, the proportionate share of advertisement cost for such bids, and evaluation of that portion of the bid packet containing duct and vault bids is a Shared Government Cost. 13. The cost of bedding material for the ducts and vaults is a Shared Government Cost. 14. A City Street-Use pertit is the only City permit necessary for PSE to perfornm its work for this Conversion Project 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. 15. Ducts and vaults installed by the City for use by PSE are accessible and are installed to PSE standards suitable for pulling PSE's conductors and installation of PSE's equipment. 16. Locations for PSE's facilities as shown on the plans are available for use. 17. Work requiring a scheduled disruption of electric service to non-residential customers mill be done during work hours speci tied in assumption 4 above and will be scheduled kith a minimum of two (2) business days notice. PSE will notify customers of scheduled senice interruptions. 18. Work does not include installation and/or removal of"temporary" facilities at the request of others during construction. Additional Considerations Commercial Overhead Service Conversions Thcrc are approximm-ely eighleen (18) coil n erc:al properties sm,ed overhead, Some with multiple drops and meters, which will require con ersion of existing overhead to underground service -within the Conversion Area. The following is a list of commercial properties impacted and is based on PSE engineering review of the Conversion Area. Due to changes that may have occurred during design, such as businesses opening and closing, this list may not be complete. The City will coordinate with property owners to convert overhead services within the Conversion Area to underground services and to connect to the Underground Distribution System. PSE Schedule 85 will apply. 1. Action Realty: 27205 Pacific Hwy S, single-phase service conversion required,one meter City of Kent 5 Pacific Highway South: 252"d to South 272nd #101013455 -ts- 2. Walt's Muffler/Balteryir3rakes: 27050 Pacific Hwy S, single-phase scnicc conversion required, one meter. 3. Rose's Dinner: 26915 Pacific I Iwy S, single-phase service conversion required,one meter. 4. Allwood Furniture: 26830 Pacific Hwy S, single-phase ser ice conversion required, one meter. 5. Advance Technology Service: 26650 Pacific Hwy S, single-phase service conversion required,one meter. 6. T-J Statuary: 26670 Pacific Hwy S, single-phase service conversion required,one meter. 7. A K Media Northwest: 26460 Pacific Hwy S, single phase senice conversion required, one meter. 8. Heartland: 26604 Pacific Hwy S, single phase service conversion required, one meter. 9. Auto Spring Service: 26400 Pacific Hwy S, three-phase service conversion required, one meter. 10. Emerald Brake & 11lufller: 26400 Pacific Hwy S, three-phase service conversion required, one meter. 11. Hanw'ood Mission Church: 26421 Pacific Hwy S, single-phase sen ice conversion required, one meter. 12. Nlidw'ay Sewer District: 26200 Pacific Hwy S,three-phase service conversion required, one meter. 13. Shell: 26010 Pacific Hwy S, single-phase sen•ice conversion required, one meter. 14. The Roper Room Learning Center: 2211 S 2601h St, single-phase senice conccrsion required, one meter. 15. A K 1ltedia Northwest: 25802 Pacific Hwy S, single-phase service conversion required, one meter. j 16, Ranger Boat & Trailer Sales: 25802 Pacific Hwy S, single-phase service conversion j required, one meter. 17. Sleep Aire Mattress: 25447 Pacific Hwy S, single-phase service conversion required, one meter. 18. A K Media Northwest Sign: 225401 Pacific Hwy S, single-phase service conversion required, one meter. Residential Overhead Service Conversions There are four (4) residential properties served overhead which will require conversion of existing overhead service to underground within this Conversion Area. The following is a list of residential properties impacted and is based on PSE engineering review of the Conversion Area. The City will coordinate with property owners to convert overhead services within the Conversion Area to underground service and to connect to the Underground Distribution System. 1. Residence, 26632 Pacific Hwy S, single-phase service conversion required, one meter. 2. Residence, 26631 Pacific Hwy S, single-phase service conversion required, one meter. City of Kent 6 Pacific Highway South: 252"d to South 272"a tl101013455 -2 0- 3. Residence, 26448 Paciht, Hwy S, single-phase service conversion required, one meter. 4. Residence, 26430 Pacific Hwy S, single-phase service conversion required, one meter. New Sel'rlee Connection of new or increased load for City facilities (such as new traffic Signals) under terns of PSE Schedule 85 will be addressed on a separate work order and work sketch. Additional costs may apply and will be quoted separately. Cut-over and Trarrsfers Some PSE customers within the Conversion Area will experience disruption of electric service during the completion of this Conversion Project. The following is a list of PSE customers within or adjacent to the Conversion Area and what PSE expects will be the effect on These customers. These and other customers may also experience service disruption when transferring PSE system load from the Overhead to the Underground Distribution System. 1. ARCO: 27202 Pacific Hwy S, service disnuption of approximately one (1) hour required to transfer PSE underground primary conductors from pole P65 to J-vault J67. 2. R&K Property: 27050 Pacific Hwy S, service disruption of approximately two (2) hours to transfer PSE OH transformer from pole P63 to P90. 3. Firestone: 27030 Pacific Hwy S, Sound Glass, 27040 Pacific INy S & Jade hair, 27040 Pacific Hwy S, service disruption of approximately three (3) hours required to transfer PSE- underground primary conductors from P60 to J-vault J62. 4. Strip 1lfall with Harmon Auto Glass, Chiropractor, Pac Ilmcy Dentist, Subway, Safari 'fan & Salon Pacific: at 27020 Pacific Hwy S, service disruption of approximately three (3) hours required to transfer PSE underground primary conductors from P60 to J-vault J62. 5. Public Storage: 27000 Pacific Hwy S, Customer is required to reroute customer owned and maintained underground service conductor off pole P59 to new PAI transformer V59. Customer's electrical contractor can coordinate transfer to new transformer with PSE. 6. King County R'oodmont Library: 26809 Pacific Hwy S, Customer is required to reroute customer owned and maintained underground ser ice conductor off pole P55 to new PhI transformer V54. Customer's electrical contractor can coordinate transfer to new transformer with PSE. 7. Billboard Sign: 30021 S 268'h St, service disruption of approximately one (1) hour to transfer PSE OH serice to new transformer on pole P54. 8. Mazdas & More Auto: 26454 Pacific Hwy S, Customer is required to reroute customer owned and maintained underground service conductor off pole P40 to new handhole H1176. Customer's electrical contractor can coordinate transfer to new transformer with PSE. 9. Salvation Army: 26401 Pacific Hwy S, service disruption of approximately one (1) hour required to transfer PSE underground primary conductors from pole P43 to J-vault J37. City of Kent 7 Pacific I ligh%vay South: 252nd to South 272"a 9101013455 -31- 10. Travel Lodge Hotel: 2, _25 Pacific Hwy S, Customer is required w reroute customer owned and maintained underground service conductor off pole P35 to new PM transfonncr V33. Customer's electrical contractor can coordinate transfer to new transformer with PSE. I L Kelly Lalle's: 26215 Pacific Hwy S, Customer is required to reroute customer ouncd and maintained underground service conductor off pole P25 to new PM transformer V27A. Customer's electrical contractor can coordinate transfer to new transfonncr with PSE. 12. West Hill mobile Manor: 2424 S 2601h St, , service disruption of approximately ttvo (2) � hours to transfer PSE OH primary to UG termination on pole P 19. 13. Taqueria El Rinconsito: 25916 Pacific Hwy S, service disruption of approximately one (1) hour required to transfer PSE underground primary conductors from pole P 14 to J-vault 320. 14, Public Storage: 25700 Pacific Hwy S, Customer is required to reroute customer owned and maintained underground service conductor off pole P1010 new PM transformer V16. Customer's electrical contractor can coordinate transfer to new transfonner vvith PSE. 15. Seattle Sterling Mack: 25619 Pacific Hwy S, service disruption of approximately three (3) hours required to transfer PSE underground primary conductors from P09to J-vault J15. 16, Cedarwood Square Ni ith Dos Gringos Mexican Restaurant, Collectors Aircraft models, Sound Sensational Car Stereo, Dance Center, L&D Furniture, NE DleSheridan Tax & Acctg, LSD Hairs & Nails, Razzles & Fred Meyers Credit Union: 25600 Pacific Hwy S, service disruption of approximately four(4) hours required to transfer PSE underground primary conductors from POSto J-vault J14. 17. Cedarvv ood Square Sign: 25600 Pacific Hwy S, Customer is required to reroute customer owned and maintained underground service conductor off of pole POS to new PAI transformer V13A. Customer's electrical contractor can coordinate transfer to new transformer with PSE. 18. Sell ueks Auto Supply: 25526 Pacific Hwy S & Denny's: 25444 Pacific Hvvy S,service disruption of approximately three (3) hours required to transfer PSE underground primary conductors from pole P03 to J-vault J 11. 19. Strip Mall with NI id Sound Center, Ine., Azteca Market, Studio SPA & Tan,Nuero Estilo Salon & Tijuaria Night Club: 25234 Pacific Hwy S, service disruption of approximately three (3)hours required to transfer PSE underground primary conductors from pole P80 to J-vault 307 20. 11arey's Dive Suits Inc. & Anywhere Watercraft Rentals Inc.: 2605 S 252nd St, service dt r pt;Cn cf approximately thr e (3) hours r fired tp Iran<fPr P$F nndrrorntnmrl n_n_nlary conductors from pole P77 to PM transformer V06. J 21. Street Light: at approximately 2520 S. 252nd St, service disruption of approximately one (1) hour to transfer PSE OH service to UG service on pole P79. City of Kent B Pacific Highway South: 252nd to South 272"t 4101013455 -22- PSE facilities Desii n Standards The foIlowing PSE Design Standards area included in this Project Plan and may be applicable to � this Conversion Project: 6325.3200 Underground Smice 6775.0035 Vault, Handhole and Padmounted Equipment Location 6775.0040 Vault and Handhole Installation 6790.0075 Customer Supplied Trench Requirements 6790-0130 Trench Dimensions and Facility Placement 6790.0140 Trench Excavation and Backfill 6800.6000 PVC Conduit hnstallation 6825.6505 Installation of Electronic Markers Acceptance of Project Plan The City and PSE mutually a,ree to and accept this Project Plan as of the date indicated below: For the City: For PSE: i By By: Date: Date:- i City of Kent y Pacific Highway South: 252"J to South 272"d #101013455 A"fTACHMENT A Additional Right-of-W2y Number Sta Parcel Business Name Size of Area of Number Cutout Cutout 1 97+15 462600 Fred bleyer/Denny's 12x20 240 2 94+20 462600 Fred Meyer/Dcnny's 9x16 144 3 91+05 462601 Schuck's Auto Parts 16x20 320 4 85+11 462603 Public Storage 12x20 240 5 60+45 T16 17 Vacant 12x20 240 6 57+72 462620 Residence 12x20 240 7 . 56+20 462621 Mazdas and More 12xl2 144 8 55+27 462622 Auto Spring Service 12x20 240 9 50+40 462626 Residence 12x20 240 10 45+92 462638 \Voodmont Library 1Ox25 250 11 45+68 462629 Vacant 12x20 240 12 40+14 462631 Subway, Salon Pacific, 12x20 240 Chiropractic Clinic 13 36+72 462633 Firestone Alastercare 9x20 1 SO Car Service This table shows the locations of non-exclusive easements, or right-of-mcay areas to be obtained to allow PSE vault installation. The easement or right-of-way may be subject to pre-existing easements or other conditions of the property. i City of Kent 10 Pacific llighN%ay South: 252nd to South 272"d 0101013455 -24— ATTACHMENT Q PROJECT SCIIEDULE i I I I City of Kent I I Pacific Highway South: 252id to South 272"a #101013455 i O w I m 0 c � I � rf m i a i o _ o � � N V W ❑ Z U N Is I W Z75 � a Ov o -j cn a ry n v in m OW N] M M 17 M M p 4 P V V Z N M N O L p S W O N C W J O D N tp 1D m ajiLL o a v paZ 3 3 m ou (5 W N O D c m w L D t D _ 7 LL W U N C T ry T N T T T T T N Q a O D N D N D N N N N N D cl W a T m N W O C D D D N C ° N R O O N p O q y m m m S p d c c 0 z 2 ¢ U 0 E E !n 'o T W O ❑ .- N N R Yl 1p n W Qt O -2G- i ATTACHMENT C PSE GENERAL NOTES AND SPECIFICATIONS i i City of Kent 12 Pacific Highway South: 252"" to South 272n' N101013455 NOTE: ATTACHMENT C — PSE GENERAL NOTES AND SPECIFICATIONS (Puget Sound Energy Construction Standards) is available in the Engineering Department if you would like a copy. It is not significant to the Project Construction Agreement so to save paper it was not included in the packet. i i —;a3— PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director \ Phone:253-856-5500 ` KE N T Fax: 253-856-6500 w A s�I N G*o N Address: 220 Fourth Avenue S. Kent,WA. 98032-5895 DATE: August 4, 2003 TO: Mayor White and Kent City Council FROM: Do14ickstrom, Public Works Director THROUGH: SUBJECT: Joint Utility Trench Agreement Regarding Pacific Highway South HOV Lanes Project MOTION: Recommend authorizing the Mayor to sign the Joint Utility Trench Agreement with Comeast upon concurrence of the language therein by the City Attorney and the Public Works Director. SUNIMARY: Joint Utility Trench Agreement between the City of Kent and Comcast for the City to furnish a trench and install Comcast's facilities within the City'sjoint utility trench for both phases of the Pacific Highway South HOV Lanes Project between Kent-Des Moines Road and S. 272°d Street. BUDGET IMPACT: No Unbudgeted FiscaliPersolulel Impact BACKGROUND As part of the Pacific Highway South HOV Lanes Project the overhead utilities are required to be converted to underground in accordance with City ordinance. The City is responsible for constructing the trench for the power undergrounding. The City encourages other utilities to participate in the trench. This provides a cost savings for all parties and eases the construction process. This Agreement grants Comcast the right to participate in the City's joint trench and the City agrees to install some of Comcast's facilities. In return Comcast agrees to pay the City an estimated cost of$278,254. i i i Mayor White and Kent City Council August 4, 2003 Joint Utility Trench Agreement Pac H«y S. HOV Lanes- 1 ' I I JOINT UTILITY TRENCH AGREEMENT Regarding the Pacific Highway South HOV Lanes Project THIS AGREEMENT is entered into between the CITY, a Washington municipal corporation ("CITY"), and Comcast of Washington IV, Inc., a Washing-ton corporation, formerly TCI Cablevision of Washington, Inc. ("CONICAST"). RECITALS WHEREAS, the CITY is making right-of-way improvements to Pacific Highway South between Kent-Des Moines Road and S. 272od Street; and WHEREAS, pursuant to local ordinance and the franchise agreement, these right-of-way improvements require CONICAST to convert their overhead facilities to underground; and WHEREAS, relocation requires trenching within the right-of-way, and the parties recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of the parties to relocate their facilities into. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, or attached and incorporated and made part hereof, IT IS MUTUALLY AGREED BY THE CITY AND COMCAST AS FOLLOWS: AGREEMENT I. SCOPE OF WORK. As part of the CITY's Pacific Highway South HOV Lanes Project the overhead electrical facilities are required to be converted to underground. The CITY is facilitating the construction of a joint utility trench and will enter into a contract for the excavation of the trench and installation of vaults and conduits. The trench will include CONICAST and PSE and possibly other utilities' facilities and will be constructed along the east side of Pacific Highway South from Kent-Des Moines Road to S. 272ml Street 2. RESPONSIBILITIES OF THE PARTIES A. CONICAST 1) CONICAST shall provide to the CITY engineering drawings, specifications, construction standards, quantities and cost estimates for the underground conversion Of its facilities. The drawings shall show in detail the quantity, horizontal station and offset, size and vertical elevation of the conduits and vaults. Joint Trench Agreement—Page I of 8 W10:/03 OWN een CITY of Kent and Cornrasr Co7rormiunl I 2) CONICAST will furnish to the site all vaults for installation by the CITY. COMCAST will schedule delivery of vaults so as not to delay the CITY's contractor. i 3) COP1CA5T will Curuish and install their conduit in the City provided trench. COAICAST will coordinate installation of the conduit with the CITY's Contractor so as not to delay the work of the CITY's Contractor. 4) COMCAST will provide all of the inspection services needed for overseeing the Proper installation of the duct and vault materials on a continuous basis during the CITY's construction period. 5) COMCAST will accept or reject the vault installation work by the CITY within 10 working days notice that the installation of the vault has been completed by the CITY. If the system, or portions of the system, are rejected by COAICAST, COAICAST shall provide reasons for such rejection in writing, whereupon the CITY, if such rejection explanation is acceptable, will have its contractor complete any remedial work and will again notify COMCAST of the system completeness. If COn1CAST does not reject any portion of the system within the 10 working days, the system shall be considered acceptable to CODICAST and the CITY shall be relieved of all responsibility regarding remediation of any vault work. 6) Once vault installation is accepted by COMCAST and COMCAST has completed installation of the conduit, COMCAST will provide and install all wires, conductors and any other equipment needed to complete the underground system. COMCAST will complete and activate the new underground system within 60 working days from completion of the vault and conduit installation. Parties hereto acknowledge and agree that COMCAST shall in no event be required to remove its respective, affected aerial facilities prior to completion of the underground facilities in accordance with this Agreement, and so long as said installation is completed in conformity with this Agreement. 7) COAICAST will be responsible for providing all traffic control associated with the pulling of cables and associated equipment and the removal of the overhead lines and equipment. 8) COMCAST will notify the CITY in writing when the new underground system is energized and ready for customer hook up so that the CITY can provide legal notification to the property owners of their requirement to convert to underground. 9) CODICAST will perform cut-over and transfer of existing customers and facilities to the new underground system where applicable. 10)COAICAST will remove the existing overhead system within twenty (20) working days after all cut-overs have been completed. II)COAICAST shall maintain continued coordination with the CITY regarding the installation of COMCAST's facilities. This coordination shall include but not be limited to the following: a. COMCAST will attend the pre-construction meeting with the CITY's Contractor. Joint Trench Agree mcm—Page 2 of 8 III (henreen O"rY nJ Kenl and Crnnrael Cngmmilion) 071D'Jol . 31— b. CITY will provide COMCAST a copy of the Contractor's proposed work schedule showing date, location and extent of work to be performed. This schedule will be subject to change at any time. c. CONICAST will attend weekly construction meetings during the conduit and vault installation work. d. COMCAST will be given 3 days notice that CITY's contractor is beginning construction. e. COMCAST will be responsible for Coordination with other utility companies included in the joint trench for the installation of wire conductors and equipment. B. CITY 1. The CITY will prepare drawings and specifications for the bid package for the vault and conduit installation using the engineering drawings prepared by COMCAST dated April 29, 2003 and June 17, 2003. The CITY will advertise for bids, evaluate bids, award contract and monitor Contractor's activities. 2. The CITY will provide all necessary excavation,bedding, backf ill, off-site disposal, and site restoration for the conversion project, along with the coordination of other utilities participating in the conversion project. 3. The CITY will install all COMCAST-provided vaults for the new COMCAST facilities in accordance with the drawings, specifications and standards provided by CODICAST. 4. The CITY will provide all flagging and traffic control, for the trench excavation and vault installation for this project. 5. Once COMCAST completes the underground system, the CITY will provide legal notice to property owners advising them of their responsibility to convert their overhead system to underground. 6. CITY will attend weekly construction meetings with COMCAST and CITY's Contractor 3. COST ALLOCATION The attached Exhibit A "Estimate of Probable Cost", which is by this reference is made part of this AGREEMENT, provides an estimate of the cost responsibilities of CObICAST and the CITY. The costs shown on this exhibit are an estimate only. The final breakdown of costs will be based on the actual quantities of work performed by the CITY's Contractor times the contract unit costs for each work item. A. Vcudt hurallation. COMCAST agrees to pay the actual cost that the CITY incurs for i installing COMCAST's vaults as shown in Exhibit A. i I B. Trench costs. COMCAST agrees to pay the CITY a portion of the trench costs, including any restoration, commensurate with its proportionate share of trench usage as shown in Exhibit A attached hereto. Costs shall include work required to restore the surface to as i Page 3 ur E W/IJ'101 Joint Trench Agreement- (heN een C17Y of Ken,and Cumrus,Grrrrrrnuinn) I -32— near as practicable to the original condition of the site, and inhere applicable shall include permanent pavement patches; replacement, in-kind, of existing curb, gutter and sidewalks; hydroseeding of grass areas, and placing of straw mulch on bare ,round. Preliminary trench costs will be agreed upon prior to construction based on the estimate from the bid accepted by the CITY. Trench costs will be finalized after completion of construction to account for actual construction costs. C. Engineering, Contract Preparation, Surveying, Construction htspection Expenses. COMCAST agrees to pay the CITY its share of the CITY's costs associated with the administrationof the contract. These costs include, but are not limited to; preparation of the bid package including drawings and specifications, evaluation of bids, preparation and award of contract, Construction administration, surveying and inspection. D. Additional Expenses. CONICAST agrees to pay its share of any additional expenses incurred in providing the trench due to any overexcavation required or any other unforeseen conditions or changes in COMCAST'S design, including any additional trench width or depth attributable to errors or changes in CONICAST's original design or conflicts not accounted for in CONICAST's original design. E. Claims by Contractor. COMCAST agrees to pay the entire cost of any claims made by the contractor that are proximately caused by COMCAST. These claims may include delays caused by installing COMCAST facilities, delays caused by COMCAST providing materials, or any other conflicts between the contractor and CONICAST. F. Vatdts. COMCAST agrees to pay for the supply and excavation for its vaults separately and in addition to any trench costs discussed above. COMCAST will also be responsible for any additional costs incurred in excavating for its vaults such as overexcavation or any other unforeseen conditions. The cost to excavate for CONICAST's vaults will be finalized after completion of construction to account for actual construction costs. G. Invoice. COMCAST agrees to pay the CITY within ninety (90) days of being invoiced by the CITY for amounts that the CITY has been invoiced by the contractor and which COMCAST has agreed to pay under this Agreement. It Final Pa.'mendli'aiver of Claims. The making of final payment by the parties shall constitute a waiver of claims by the contractor, except those previously and ro erl P P Y i made and identified by the contractor as unsettled at the time request for final payment is made. 4. CHANGES. After the CITY executes a contract with the trench contractor, CONICAST shall submit any changes requested to be performed by the CITY's contractor to the CITY. The CITY shall submit this to the contractor; obtain a price from the contractor to perform the work, and notify COMCAST of this price. Prices supplied by the contractor for COMCAST change orders shall be in conformance with WSDOT Standard Specifications. COMCAST shall have 21 hours from receiving the price from the CITY within which to respond. If COMCAST chooses not to accept Joi nl Trench Agreement—Page 4 of 6 U7/0'J03 (hrht ern CITY of Rent and Corn<rtq Curponnionf the contractor's price then this work shall only be performed by CONICAST according to ❑ mutually agreed upon schedule with CITY so as not to cause delay to the contractor. The CITY shall have final judgment, after consulting with CONICAST, with regards to decisions related to the work of the Contractor 5. INDEMNIFICATION; LIENS AND ENCUMBRANCES. I Each party shall defend, indemnify and hold the other party, its officers, officials, employees and agents harmless fi'om any and all claims, injuries, danrrges, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of the party's work required under this Agreement, except for injuries and damages caused by the negligence or willful misconduct of the other party. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the parties, its Officials, employees and agents, a party's liability hereunder shall be only to the extent of the party's negligence. The provisions of this section shall survive the expiration or (ermination of this Agreement. No party, directly or indirectly, shall create or impose any lien on the property of another, OF on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party shall promptly, at its own expense, take such action as may be necessary to duly discharge any lien created by it on the property of another. 6. INSURANCE. The contract between the CITY and the contractor shall require that the contractor procure and maintain for the duration of the project insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the contractor, its agents, representative, employees, subconsultants or subcontractors. a. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations broad form property damage; explosion, collapse and underground (XCU); and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. loin)Trench Agreement—Pare 5 of R 07/02I03 I� 01co,ern CITY,J Kenl and Cnnu'asr Corpornrion) I -:�4- Any payment of deductible or self-insured retention shall be the sole responsibility of the contractor. The parties, their officials, emplo}ees, agents and volunteers shall be named as additional insureds on the insurance policy, as respects work performed by or on behalf of the parties and a copy of the endorsement naming the parties as additional insured shall be attached to the Certificate of Insurance, copies of which shall be provided to the parties prior to commencement of construction by the contractor. The contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 7. FRANCHISE AGREEIIIENT. The CITY and CONICAST agree that by entering into this Agreement, neither party has waived any rights it may have under the existing franchise agreement between the CITY and COMCAST as to future projects and the CITY and COMCAST expressly herein reserve such rights. 8. MISCELLANEOUS. a. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. y b. Nonivaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to he a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. C. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. d. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and anomey's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right to indemnification under Section 8 of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but Joint Trench Agreement—Page 6of8 nlftl'_7(14 thrnreen C1IY ojKrni and Gaunt?Cnrpnnrtiun) in any event three (3) calendar days after the date of nailing by re-isteied or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this Agreement. f. Alodifrcation. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each of affected party. Sevembility. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. h. Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. i i. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if unable to perform their respective obligations hereunder as a result of the occurrence of an event of"force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. j. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the CITY, and those statements shall not be construed as � forming a part of or altering in any manner this agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Joint Trench Agreement—Page 7 of 8 07102/03 f beo,een CITY o f Rem and Comma!Curporanorz) -36- i i I IN NVITNF,SS WHEREOF, the parties below have executed this Agreement. CONICAST OF WASHINGTON IV, INC. CITY OF KENT III Print N me: ' Print Namc: Jim White Title: Title: Mayor DATE: 7 - c j DATE: Notices to be sent to: Notices to be sent to: CONICAST CITY OF KENT Attn: Franchise Dept. Mark Howlett, P.E. 22025 301h Drive SE Engineering Supervisor Bothell.WA 98201-4444 CITY of Kent (telephone) 220 Fourth Avenue S (facsimile) Kent, WA 98032 (253) 856-5500 (253) 856-6500 (facsimile) With a copy to: APPROVED AS TO FORNI: COMCAST Attn: Legal Dept. 1500 Market Street Kent CITY Attorney Philadelphia, PA 19102 Joint Trench Agreement—Page 8 of B 07/02/03 OwtorenC11T nJ Kenr and Ct...)mx Cog...riumn) - it I i EXHIBIT A ESTIMATE OF PROBABLE COST i I i -.18- CITY OF KENT PACIFIC HIGHWAY SOUTH HOV LANES COMCAST COST ESTIMATE Item No Item Description 1 Joint Utility Trench Excavation 252,019 i 2 Vault Excavation and Installation 26,235 Total Cost Estimate $278,254 i i i 7/2/2003 Page 1 of 3 -a9- Cost and Quantities Utility Work Pacific Hwy South-South Phase Trench Excavation Rev 620'2003 Unit Extended '.. Item Oescdptioo Un't cry Price Price 1 North Phase-Joint UWOY Trench Excavation LF 7.475 $14.15 5105771 2 South Phase-Joint Utility Trench Excavation LF 6.527 $14.15 592.35% Subtotal Trenching 5198.12E 6".Mobilization 571,68E Subtotal Trench Excavation 5210,016 20%Construction.'Engineering.'Inspection/Coordination Cos! 542.005 Total Trenching Cost 5252.015 Total Trench Footage 14,002 Cost Per Fool of Trench 518.00 Notes: - Quanties shown are from Comeasl provided drawings-Copy is attached. Costs shown are estimates only. Actual Costs will be based on bid prices provided by the City's contractor. '.. i i i 7/2/2003 Page 2 of 3 III; I CITY OF KENT Pacific Hwy South HOV Lanes Vault Excavation and Installation Costs Rev 620 2003 Unit Extended Item Description Unit Oty Price Price 1 North Phase-Vault Excavation and Installation,3030LAM 50.375 2 North Phase-Vault Excavation and Installation,253TA 5375 3North Phase-Vault Excavation and Installation,WSDOT5 S750 4South Phase-Vault Excavation and Installation,3030LA5 S6.750 5South Phase-Vault Excavation and Installation,253TA5 S2.250 6South Phase-Vault Excavation and Installation,WSDOT5 $1.125 Subtotal Vault Installation S20,625 6%Mobilization 51,238 Subtotal Vault and Conduit Labor 521,863 20%ConstructionlEngineeringllnspeclion'Coordination Cost Total Vault Excavation/Installation Cost S26,235 Notes: Quanties shown are from Comcast provided drawings-Copy is attached. Costs shown are estimates only. Actual Costs will be based on bid prices provided i i i 7/2/2003 Page 3 of 3 -41— PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 K E N T Fax: 253-856-6500 W a s H t N G T o N Address: 220 Fourth Avenue S. Kent,WA.98032-5895 j DATE: August 4, 2003 TO: Mayor White and Kent City Council FROM: Donal' k trom,Public Works Director "THROUGH: SUBJECT: Sewer Latecomers Agreement— Bret Gagliardi Sewer MOTION: Recommend Council authorization for the Public Works Director to execute a sewer Latecomer Agreement with Bret Gagliardi for the Bret Gagliardi Sewer- SUMAIARY: The developer, Bret Gagliardi, has requested a sewer latecomer agreement for his extension of the sanitary sewer main to serve his properties along Russell Road. The total cost is $124,897.91, and Mr. Gagliardi is seeking latecomers fees from two lots in the amounts of $5,352.70 and $19,738.47. The Public Works Director requests authorization to enter into a latecomer agreement with this developer. BUDGET IMPACT: No Unbud.-eted Fiscal/Personnel Impact Mayor White and Kent City Council Gagliardi Sewer Latecomer Agreement-Authorize August 4, 2003 1 -42- 105 = u u ',.. $ 9 PI s / ATTACF}MENT ° g „ Tr L y P N m o r m R` 30 I�30 m y '11____ - r m • �a 2E rn F DAVID A. NE N GC OF NE COB, _ y 7 tF' _�• OG O.LC.1 ' f $19,73 g.47 d fo. 0 l �is ' I i Qa + L 1 rt - . ' to N.D. _ )e6]e r D 001 o $5,35Z o SB <c 713E P qk 0 1 D C. / N.D . ' 400 n 21336 9F cc M 89-1<-O2 15 ./-1 o i Q Q 93.41 CC P4FtCEL e4 1�D ••� c¢ /ti ¢� ,10 b � -Pr�- ` w o � N O Pn ..N.D. � o0 •out = • E0.69 SORY. E3050 a9001 • _ 63 az, 1316.00 / VOL, 351279 1.6.C. . LN. Or P.S.PAL. CO. A.F. !4179CO C 1 ` l -43— PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 K E 1N T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: July 28, 2003 TO: Mayor White a ent City Council FROM: Don Wickstrotxiiblic Works Director THROUGH: Larry Blanchard, Public Works Operations Manager SUBJECT: Vehicle and Equipment Surplus MOTION: Recommend authorization to declare the listed vehicles and equipment as surplus authorizing staff to appropriately dispose of the equipment as described in this memorandum and listed below. SUMMARY: The listed vehicles/equipment comply with current replacement policy guidelines and have been replaced. The equipment will be sold at auction or sold to smaller cities. BUDGET IMPACT: The monetary returns from the auction will be incorporated into the fleet internal services reserve fund. This is a positive budget impact. BACKGROUND: Vehicle/Equipment List: 1003 1995 GA1C Vandura,Alaxivan, s/n 1GTGG39KXSF551472, 46,940 miles. This vehicle was removed from service at the request of a fleet customer who claims that the vehicle is unsafe. Two different GMC repair centers as well as the Fleet Services shop evaluated the vehicle. Extensive research discussions were held with the vehicle manufacturer. It was concluded that the confidence of the customer is important to the satisfactory operation of the vehicle. Fleet Services could not reassign the vehicle with the question of safety raised by the customer. The vehicle was removed from service on 3/11/03. 3111 1994 GA1C Sonoma Pickup, s/n IGTCS14ZIR8531759, 103,931 miles. This vehicle was replaced in 1999 but remained in service for an extended life cycle. It has high mileage and is starting to show signs of wear. It was removed from service on 4/7/03. 3157 1997 Ford Crown Victoria Police Interceptor—K-9, s/n 2FALP71 W5VX152892, It 1,145 miles. This unit has a heater core leak and evidence of costly repairs in the very near future due to high miles and heavy use. It was removed from service on 6/23/03. Mayor White and Kent City Council 1 Surplus Vehicle/Equipment August 4, 2003 -44- 3191 1999 Ford Crown Victoria Police Interceptor, s/n 2FAFP7IW4XX155511, 97,648 miles. This unit is starting to show signs of wear and high miles. It was removed from service on 7/2/03. 3205 1999 Kawasaki KZ 1000 Police ]Motorcycle, s/n JKAKM2213517252, 35,440 miles. This vehicle was totaled in an accident on 2/12/03 and removed from service. 5328 1991 Norstar 300-gallon spray unit, s/n 000105. The vegetation crew used this unit for noxious week and pesticide spraying. The technology is very old; the unit could no longer be updated and will need to be completely rebuilt for continued use. It was removed from service on 11/27/03. i 5332 1995 John Deere 1145 Riding blower, s/n 140685.The mower was replaced in 2000, reassigned to Parks Facilities, and again reassigned to Public Works, Street Vegetation. It has been well used and may need extensive repairs in the near future. It was removed from service on 7/23/03. 5339 1990PK-4011, Patch Trailer, no serial number. This is an old outdated machine that was replaced by the larger paving machine. It was removed from service on 3111/03. 6512 1970 International Cub Tractor, s/n 235041. This is very old tractor used for special ballfield grounds work in the Parks Maintenance department. It has become increasingly difficult to find parts and service for it. The tractor was replaced and removed from service on 4/11/03. 6539 1996 Cushman 6150 Rotary blower, shi 9461060503. The Parks Maintenance division has heavily used this mower. The hydraulic system has been repaired but the machine will likely need major repairs again soon. It was removed from service on 3/7/03. 6566 1997 Toro 325-D Riding Mower, s/n CP3661505246. The front mower deck on this equipment is bent and repairs will be costly. It was removed from service on 5/15/02. 8769 1986 Ford '/2 Ton Pickup, s/n 1FTHX25H9GKB09774. This truck was removed from service and reassigned to the motor pool in 1996. It currently needs a complete transmission rebuild and brake repairs. It has served the city well, it was removed from sen ice on 7/16/03. Mayor White and Kent City Council 2 Surplus Vehicle/Equipment 1 August 4, 2003 -45— i I i PUBLIC WORKS DEPARTMENT -40 Don E. Wickstrom, P.E. Public Works Director Phone;253-856-5500 K E N T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue 5. Kent,WA.98032-5895 DATE: July 29, 2003 TO: M . rLLW/iliite and Kent City Council FROM: Doil- 'I&strom, Public Works Director THROUGH: SUBJECT: S. 228th Street Extension —Public Works Trust Fund Loan IN10TION: Recommend the Mayor be authorized to execute the Public Works Trust Fund Pre- Construction Loan Agreement, Number PW-03-691-PRE-108, in the annount of$1,000,00o. SUMMARY: The Public Works Department was awarded a Public Works Trust Fund Pre- Construction Loan for the S. 228th Street Extension on June 5, 2003. This loan is for$1 million and would be applied to project design and right-of-way purchases for the project, the term of the loan is 0.5% interest with a 5-year repayment schedule. However, this loan can be extended to a 20-year repayinent schedule if it is linked to a Public Works Trust Fund Construction Loan. An application for a construction loan on this project was submitted in May 2003, and the results of the application will be released on August 5, 2003. BUDGET IMPACT: Accepting this loan would offset $1,000,000 in bonds for the project. BACKGROUND: Total project cost is estimated at around $30,000,000. After deducting the Grant and the LID the balance which would be the City's share is about $11,000,000. Of that amount $1.93 million has been funded via cash and a prior bond issue . In light of the potential impact of I-776 on the Street Fund it was anticipated to limit the balance of the Street Fund share of the project to $5.8 million. A S5.8 million councilmatic bond issue for which the annual debt service for same ($520,000) would be funded from the Street Fund The purpose of the cap was to not jeopardize the funding from the Street Fund of the annual programs such as the Asphalt Overlay program, the Shopper Shuttle Program, etc. were I-776 upheld and said fund lost $775,000 in annual revenue. In addition to the $5.8 million it was anticipated that $1,500,000 would also come from the Drainage Utility fund to pay for the drainage improvements associated with the project. While total project funding would not be fully available under this worse case scenario where, I-776 is in fact upheld the project was still doable assuming that cost savings could be found along the way to its completion. Now instead using this $1,000,000 Public Works Trust Fund (PWTF) loan coupled with an additional $10,000,000 PWFT loan for which we feel we can secure because it has been rated within with the available funding level, we can secure S11,000,000 for this project with a smaller debt service obligation ($580,000 total with $495,000 from the Street Fund and $85,000 from the Mayor white and Kent City Council S. 228th Street Extension—Public Works'Trust Fund Loan August 4,2003 I -4G— drainage utility). Further, this option Would provide adequate funds for this project With the possibility of redirecting some city funds out of this project to other street improvements such as a the S 2281h St BNSF grade separation project or the 272Id Extension (11611' Ave, 256'h St to Kent Kangley Rd)project. Mayor white and Kent City Council S.228th Street Extension—Public Works Trust Fund Loan August 4,2003 '... 2 t g [ —47— Wash,.--b"On State CITY [ Y 4ir i Public Works Board li.113 u G 4 Post OffiiceBox 48319 l.=t<C71t\�i-i1 ., -- Okolpia,Washinglun 98504-8319 i June 5, 2003 Mr. Chad Bieren Kent 220 4th Avenue South Kent, WA 98032 Regarding: PWTF Pre-Construction Loan Agreement Number PW-03-691-PRE-108 Dear Mr. Bieren: Enclosed are three copies of the Public Works Trust Fund Pre-Construction Loan Agreement, PW-03-691-PRE-108, between Kent and the Public Works Board. The agreement details the terms and conditions that will govern the contract between us, which includes the project's Scope of Work and an Attomey's Certification as fornal attachments. Instructions for drawing the loan funds are included, as are the necessary forms for the first draw. The loan agreement specifies that the first 75 percent of the loan may be disbursed within 30 days of the date of execution of this agreement. It is recommended that you submit the first voucher form with the executed agreements and related documents. The amount of the loan is $1,000,000.00. A change in any clement of the loan agreement will require an amendment and may necessitate an adjustment in the loan amount or the interest rate. Please review the terms and conditions of the loan a,reement carefully, as well as the attachments. Please note - Section 4.09 must be filled out before the loan can be executed. Also, please provide the account name information in the space provided on pafre five. Section 407. Administrative sen ices provided by the Department of community,Trade and Economic Development (360) 725-5000 Fax (360) 664-3029 Web site: %awlv.pA,b.ua.gov -48- Chad Bieren PW-03-691-PRE-108 Page Two When you have obtained the appropriate signatures, including the Attorney's Certification, please return all three of the agreements to the Public Works Board. PLEASE DO NOT USE A SIGNATURE STAMP. (Stamped signatures will be accepted only if there is a reason that original signatures cannot be provided, with documentation to that effect.) The Board representative will sign the loan agreements and one fully- executed copy will be returned for your files. If your project involves utility work, you are encouraged to review,your applicable comprehensive plan to assure compliance. Under Washington law, some utilities may not engage in construction unless such work is in compliance with the system's comprehensive plan. Consultation with your in-house legal advisor or your bond counsel may be warranted. The Washington Administrative Code (WAC) 399-30-060(5) requires the loan agreements be signed by you and returned to the Board within 90 calendar days of the date of this letter. Failure to comply with this section may result in your loan offer being withdrawn. We are looking forward to working with you over the course of your successful public works project. If you have any questions about the loan agreement, please call me at (360) 725-5004. You may also call Isaac Huang, the Client Services Representative for your area at (360) 725-5009, or by e-mail at Isaac.Huang@pwb.wa.gov. Sincerely, Susan Butz Contracts Manager SB:sb Enclosures i i i I FORM STATE OF WASHINGTON ) A19-1A Eli: 4 tnt , 49— Ai MOM �N�' INVt ICE VOUCHER 103 .+Ipri Q; Q Qt L� L .t`>t ,f rf• I Department of Communlry,Trade 8 Economic Develo ment R 1�' !'" �� T�`- � � � - '�`'� it P hl the absence of a dMaded maoice,submit this form to claim payment for ATTN: Public Works Board materials,merchandise or se,ices. Show complele detail for each item. Post Office BOX 48319 Vendor's Certificate: Olympia, WashingtOD .93504-8319 I hereby certify under penalty of perjury dial the ilrns and totals listed herein ¢,VENDC arc proper charges for nnterials,merchandise or services furnished to the t�IoR eLaIMRN W3ffant l3-iQ t1 a a61@ Slade(if Washington,and(bat all goods furnished audiorscn'ices rendered have been provided without discHaar alion because of age,sex,marital status,race, KENf creed,color,national origin,handicap,rcligiun,or 1'ielnam era or disabled veteran status. 220 4TH AVENUE SOUTH i KENT WA 98032 By: (Sign in ink) j (Title) (Date) FEDERAL I.D.NO.OR SOCIAL SECURRY NO. RECEIVED BY - DATE RECEIVED � 1`A � fi h7ft " qU �Ye kH I, SCE Public Works Trust Fund i Loan Number PW-03-691-PRE-108 VOUCHER #1 LOAN AMOUNT ........... ........................... $I,000,000.00 FIRST DRAW .........---...... --.......... ............. ......... $750,000.00 BALANCE TOTAL FIRST DRAW .................. ......... $750,000.00 PREPARED BY(Flscal) - DATE DIVISION APPROVAL DATE DOC DATE CURRENT DOC NO REF DOG NO VENDOR NUMBER VENDOR MESSAGE h1 SUB TRANS O APPN PROGRAM SUB SUB -. SUF CODE D FUND INDEX INDEX OBJ OBJ CNTY INVOICE GENERAI CITY PROJECT AMOUNT NUMBER LEDGER II 1 APPROVED FOR PAYMENT D I FISCAL DATE WARRANT TOTAL Approved CTED Form A*-1A (10115195) -eo- PUBLIC WORKS TRUST FUND LOAN AGREEMENT PACKET Enclosed Please Find: • Three Loan Agreements to be filled-in, signed and returned • PWTF Loan Agreement Checklist • Eligible Project Costs • Voucher • Voucher Instructions • Reporting Requirements I i i l i i T:\Ccn1raclin9%Pre-Con\Pre-Construction LA Packet 2001.DOC PUBLIC WORKS TRUST FUND LOAN AGREEMENT CHECKLIST Items to Return to the Public Works Board ✓ Three Completed Loan Agreements ✓ Signatures on page one. ✓ Taxpayer Identification Number (TIN) on page one. ✓ Provide requested information on fund, account, or sub-account name or number in Section 4.07 on page 5. ✓ Provide requested information on loan security in Section 4.09 on page 6. Designate a utility system if appropriate. ✓ Attorney's Signature on Attorney's Certification ! i Mail to: Susan Butz Public Works Board Post Office Box 48319 Olympia, Washington 98504-8319 T:\Contracting\Pre-Con\Pre-Construction LA Packet 2001.DOC PUBLIC WORKS BOARD REPORTING REQUIREMENTS At the direction of the Public Works Board, staff makes every effort to keep the requirements of project administration as simple as possible for local government loan recipients. The staff of the Public Works Board have developed a simple process that includes the execution of a loan agreement, brief quarterly progress reports, and a close-out report submitted when project activities are complete. The Loan Agreement The chief executive officer of each jurisdiction receiving a Public Works Trust Fund Loan agrees, by signing the loan agreement, to undertake and complete the activities described in the loan application. The quantified description of the project becomes the Scope of Work portion of the loan agreement. Written amendments to the Public Works Trust Fund loan agreement must be approved by both parties to the loan agreement. Amendments are necessary to accomplish: • Changes to the Scope of Work, including the addition or deletion of activities included in the original agreement; and • Extend the time for the completion of project activities beyond the time cited in the original loan agreement. The Quarterly Report Routine review of progress in completing scheduled activities throughout the project will make the task of completing the Close-Out Report easier when the project ends. To encourage this local review, the Public Works Board will initiate a brief quarterly report from each loan recipient. Instructions for completing the report will be provided with the form. The Close-Out Report Please contact the Public Works Board when your project nears its finish. Staff will send you a Close-Out Report for you to complete. The Close-Out Report is designed to give a final fiscal accounting and certification of the project and its completion. The report and final invoice voucher form the basis for the final loan pavment. l i i TAContracting\Pre-Con\Pre-Construction LA Packet 2001.DOC -53- Public Works Trust Fund Instructions for Completing Vouchers Pre-Construction Loans Section 4.03 of the Loan Agreement describes the two points at which portions of your loan will be disbursed to you: 1. Seventy-five (75%) of the loan may be disbursed upon execution of the loan agreement; 2. The final portion of the loan may be disbursed upon project close-out. Attached is an invoice voucher for the first draw. This voucher reflects 75% of the approved loan. It should be signed and dated by the individual authorized to sign vouchers by your jurisdiction. Send the voucher to the Public Works Board at the address on the voucher. Be sure to keep a copy of the voucher for your records. You should receive your funds approximately 14 days from the date you mailcd the voucher to the Board. 'I i I i i 1 i i i -64- i PUBLIC WORKS TRUST FUND SUMMARY OF ELIGIBLE PROJECT COSTS (as excerpted from WAG 399-30-30) (3) Direct costs eligible for public works loans are those costs which are directly attributable to a specific project and include: °. (a) Work done by employees of the applicant, or by other governme employees under an inter-local agreement or contract limited to: (A) engineering; (B) environmental review (C) design activities (D) acquisition of rights-of-way or property (E) construction inspection activities - (F) roadway seal coating (if bids from private sector contractors have been solicited and compared with the inter-local agreement proposals); and (G) cleaning, sterilization, or bacteriological testing of water system components prior to public use (i) Salaries and wages (al actual or average rates), including related employee benefits, covering productive labor hours of the local government employees (excluding the administrative organization of the operating unit involved). The cost of services rendered by employees generally classified as administrative are considered a direct cost only when such employees are assigned for short periods of time to perform on a full-lime basis the types of services described above and when similar procedures are followed. (ii) Employee benefits relating to direct labor are considered a direct cost of construction projects. The following items may be included as employee benefits: (A) F.I.C.A. (Social Security)-employer's share; (B) Retirement benefits; (C) Hospital, health, dental, and other welfare insurance; (D) Life insurance; (E) Industrial and medical insurance; (F) Vacation; (G) Holiday; (H) Sick leave; and fill Military leave and jury duty. I Employee benefits shall be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs shall be based upon the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations. (b) Contract engineering, planning, legal, and financial planning services. The board reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. I i i \\GA-lA\VOLI`,Priv\PWB\Mike\construction loan packet.doc (c) Right-of-way acquisition costs including: (i) Purchase of land and easements acquired for and devoted to the project; (ii) Purchase of improvements; (iii) Adjustment or re-establishment of improvements; (iv) Salaries, expenses or fees of appraisers, negotiators or attorneys; (v) Removal or demolition of improvement; .k (vi) Other direct costs in connection with the acquisition: Amounts received from the sale of excess real property or impro ements and from any rentals shall be a reduction of the direct costa (d) Contract construction work. (a) Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county-owned equipment, at the rental rates established by the local government's "equipment rental and revolving fund"following the methods prescribed by the division of municipal corporations. However,such costs shall be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less which may not use this type of fund shall be allowed the same rates as used by the department of transportation. (f) Direct materials and supplies. (i) An overhead rate or"loading factor" is not considered an appropriate additive to the actual cost of materials and supplies used on construction projects unless the factor is readily and property supportable by the governmental unit's accounting records. (ii) The cost, or reasonable estimate thereof, of materials paid for as contract estimate items, but not used,will be considered a reduction of direct costs. Any material that is salvaged in connection with a project will be assigned a reasonable value and considered a reduction of direct costs. (iii) Wetland plants and other materials used for wetland planting, wildlife habitat, or fish habitat may be provided to a public or nonprofit organization without a reduction of direct costs. (g) Interdepartmental charges for work performed by the local government for the benefit of specific construction projects is limited to direct costs plus an allocation of indirect costs based on ten percent of direct labor dollars, excluding employee benefits. fhl Other riiract rnsts incurred fnr malerinls nr services senuired fnr a snedfir. nrnject are eligible for participation by public works loan funds and may include, but are not limited to such items as: (i) Telephone charges; (ii) Reproduction and photogrammetry costs; (iii) Video and photography for project documentation; (iv) Computer usage; and (v) Printing and advertising. \\GA-lA\VOLI\PriV\PWS\tolike\construcfion loan packet.doc i PUBLIC WORKS TRUST FUND PRE-CONSTRUCTION LOAN AGREEMENT MIBER MV-03.691-PRE-108 KENT PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terns and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL.GOVERNMENT. This contract consists of ten pages and two attaclunents. An attachment to this agreement, ATfACHNIENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTA01MENT II: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. PUBLIC WORKS BOARD LOCAL GOVERNMENT John LaRocque, Executive Director Print Name Public Works Board I Signature Date Title APPROVED AS TO FORM ONLY Date This 17ih Day of March, 2003 Christine 0. Gregoire Federal Taxpayer Identification Number Attorney General By: Signature on File Jeanne A.Cushman Assistant .Attorney General Page I 2003 PWTP Pre-Cons non loon Agreement � -57- I PART 1I: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, a department of the state of Washington (referred to as the "BOARD"), and KENT (referred to as the "LOCAL GOVERNMENT"). Acting under the authority of Chapter 43.155 RCN, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART III: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT is SCOPE OF WORK. The project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as fullows: 4.01 Rate and Teri of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $1,000,000.00. The interest rate shall be one-half percent(1/2%) per annum on the outstanding principal balance. The tern of the loan shall not exceed 5 years, with the final payment due July 1 2008. 4.02 Local Proiect Share j The LOCAL GOVERNMENT pledges all amount of locally-generated revenue not less than Fifteen percent (15%) of the total eligible portion, of the project cost not funded by federal or state grants as { identified in ATTACHMENT 1: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Page 2 2003 PVFF Pre-Construction Loan Agreement '.. Local project share must consist of expenditures eligible under \VAC 399-30-030(3) and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up to t%velve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REINIBURSF THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEDIENT. 4.03 Disbursement of Loan Proceeds The availability of funds in the Public `,Yorks Assistance Account is a function of tax collection and loan repayment. if funds are not available at the time the in oice is submitted, or when an agreement is executed, the issuance of xar ants will be delayed. Therefore, subject to the availability of funds; warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT 1: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed eighty five percent (85%) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal execution of this agreement, a sum not to exceed seventy-five percent (7517b) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. At the time of project completion, a Close-out Report, (refer to Section 4.18 for Close-out Report), shall be submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs- The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty Five percent(85%) of the eligible project costs or the total of$1,000,000.00, nhichever is less,nor shall this disbursement occur prior to the completion of all project activities. The Close-out Report shall serve as a contract AMENDMENT for determining the final loan amount,interest rate, and local share. I Page 3 2003 PWrF Pre-construciian than Agreement -59- In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of eighty five percent (85%) of eligible costs, all funds in excess of eighty five percent (85%) shall be repaid to the � Public Works Assistance Account by payment to the Department of Community,Trade and Economic Development, or its successor,within thirty (30) days of submission of the Close-out Report. 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund ]can. 2. Pay any part of the eligible project costs that are in excessof ATTACHMENT I: SCOPE OF WORK estimates if there is an overrun of project costs. The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles: 4.05 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three (3) months after the date of loan agreement execution and reach project completion no later than eighteen (18) months after the date of agreement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two- thirds vote,extend the deadline. 4.06 Repayment lent The first loan repayment under this agreement is due July 1,2004, and subsequent installments are due on July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of interest only at the rate of ate-half percent (1/2%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received. Interest will begin to accrue from the date the BOARD issues each warrant to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. Page 4 2003 PIATF Pre-construction Loan Agreement i The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement,provided that any such payment must equal or exceed the acount nonnally due on an annual basis. The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Department of Community, Trade and Economic Development, or its successor, and sent to: Department of Community,Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.N. P.O. Box 48300 Olympia, Washington 98504-8300 4.07 Reoavment Account The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4,09 Loan Security. The name of the fund, account, or sub-account shall be 4.08 Default in Reoavment Loan repayments shall be made to the Department of Community, Trade and Economic Development, or its successor, in accordance with Section 4.06 of this agreement. A payment not received within thirty (30)days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent(12%)per annum calculated on a 360-day year. The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the LOCAL GOVERNMENT of such delinquency including, without limitation, the state government and the United States of America or its agencies,credit rating agencies, and the municipal finance market. The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as provided for in Section 4.03. i The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section. Page 5 2003 l"47Ft're-Construction Loan Agrecmcnl -G1- 4.09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loam. Please initial the appropriate option. 1• General Obligation: "This loan is a general obligation of the LOCAL GOVERNMENT. OR 2• Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer, or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and stoma sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the following utility systems: Water Sanitary Sewer(Wastewater) Stomtwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 2003 PWTFPre-Consvunion Loan Agreement G2— i 4-10 Recordkeeoing and Access to Records The BOARD, the BOARD'S agents, and duly authorized officials of the State shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT may contract, invoking transactions related to this project and this agreement. The LOCAL GOVERNMENT agrees to retain these records for a period of six years from the date of project completion. If any litigation, claim or audit is started before the expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 4.11 Renorts The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.14. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments, Modifications. and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment of this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Seclion 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the Board in accordance with Section 4,05, No amendment or modification shall take effect until approved in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. Page 7 2003 PRTF Pre-Consuucfion Loan Agreement -G:3- 4.14 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in p-,u-t at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. 4.15 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of termination to the LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. 4.16 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4-17 SeverabilitV If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Project Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the BOARD: 1 co of the Close ou" copyReport. 2. A copy of a resolution accepting the project design as being complete. 3. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. i Page 8 2003 PVrF Pre-Construction Loan Agreement -64- i i 4.19 Project Closc-out In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the final twenty-five percent(25%) of the loan amount 4.20 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Project Siens If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4.22 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and stale nondiscrimination laws, including, but not limited to chapter 49.60 RCN, Washington's Law Against Disci imination, and 42 U.S-C. 12101 et seq, the Americans with Disabilities Act(ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCN 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions of RCN 43.155,060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program. Page 9 2003 PWCF Pre-Construction Loan Agreement '... _Gr,_ 5 02 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance With VAC 399-30-030(3) Which identifies eligible costs for projects assisted with Public Works Trust Fund loans. 5.03 Historical and Cultural Artifacts The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for Work or services related to ATTACHMENT I: SCOPE OF WORK. 5.01 Assignment i Neither this agreement, nor any claims arising under this agreement, shall be transferred or assigned by the LOCAL GOVERNMENT without prior written consent of the BOARD. i i i i I i I i i i �I i Page10 2003 PWTF Prc-Construction Iran Agreement PUBLIC WORKS TRUST FUND Pre-Construction Program ATTACHMENT 1: SCOPE OF WORK P\V-03-691-PRE-108 CITY OF KENT South 228°i Street Extension 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): The following are specific design objectives: • Design approximately 5.300 feet of new, 5-lane minor arterial street between 541h Avenue S and Military Road, including a new bridge over the Green River. • Obtain permits for the new bridge over the Green River. • Design for reconstruction of Military Road from 3-lanes to 5-lanes between the new intersections with S 228'h Street and SR-516. • Complete design and coordinate with neighborhood groups to install a noise wall along The Lakes residential area (near 541h Avenue S. • Design a new traffic signal at Military Road/SR 516. • Design a new traffic signal at S 228'h Streed54'h Avenue S. • Design a new traffic signal at S 228'h StreetNililary Road. • Complete design and obtain approval for wetland creation/restoration of 4.65 acres, enhancement of 9.35 acres, and upland buffer restoration of 3.0 acres of wetland area to offset 1.94 acres of wetland fill. • Design and permit new storm water detention/treatment facilities. 2. The term of this loan will be five years. TAContracling\Pre-Cod1PC Scope PRE 108.dot -67- Scope or Work Page Two PW-03-691-PRE-108 Estimated Proiect Costs: Total Engineering $ Environmental Review $ Land/R-O-W Acquisition $ 1,800,000 Permits $ 75,000 Contingency (10%) $ 410,000 Bid Documents $ 2,200,000 Public Involve ment/tnforcnation $ 25,000 TOTAL ESTIMATED COSTS $ 4,510,000 Anticipated Fund Sources: A Total Grant Funding $ 976,500 i B. Local Revenue $ City of Kent $ 515,750 Local Improvement District#353 $ 2,017,750 C Other Fund $ Rates $ Assessments $ (LID, RID, ULID) $ Special Levies $ Federal Loan(s) from: (identify all) $ .craw i.oa re(.) arum. (ruaruly aiiJ $ $ Other: identify sources) $ TOTAL LOCAL REVENUE $ 2,533,500 C. PUBLIC WORKS TRUST FUND LOAN $ 1,000,000 T:\Contracting\Pre-Cen1PC Scope PRE 108.do1 i Scope of Work Pace 3 PW-03-691-PRE-108 Calculating Local Percentage: (Note: Please exclude any expansion/growth costs and funding before calculating the local percentage.) Calculate as follows: Total Local Revenue PWTF Loan +Total Local Revenue = Local Loan Percentage $2,533,500 $3,533,500 = 7 1% The local contribution must be at least: Five percent (5%) for a loan interest rate of 2°lo Ten percent (10%) for a loan interest rate of 1170 Fifteen percent (15%n) for a loan interest rate of 0.5`70 TAContracting\Pre-Con\PC Scope PRE 10e.dot —G9— i PUBLIC WORKS TRUST FUND ATTACHMENT II: ATTORNEY'S CERTIFICATION 1, hereby certify: am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT); and I have also examined any and all documents and record which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney Date Name Address T:\Contracting%CONTRACT\A.ttcert.doc ', -70— LAW DEPARTMENT Tom Brubaker, City Attorney Phone:253-856-5770 �� 7- Fax: 253-856-6770 KE4 1 Address: 220 Fourth Avenue S. W R 5 H I N G T 0 K Kent,WA.98032-5895 DATE: July 21, 2003 TO: Public Work ,-A FROM: Tom Brubake , i Attorney SUBJECT: Rainwater Harvesting System — Amending Chapter 7.05 of the Kent City Code MOTION: Move to recommend council adoption of the proposed ordinance amending the Kent City Code to include a 10 o discount on storm and surface water utility charges for commercial properties utilizing a rainwater harvesting system. SUMMARY: On May 20, 2003, Governor Locke signed into law Engrossed Substitute House Bill 2088 ("ESHB 2088'% which requires cities to provide a minimum ten (10) percent rate reduction in the amount of storm or surface water charges billed to owners or renters of commercial buildings if that property utilizes a rainwater harvesting system. ESHB 2088 takes effect on July 31, 2003, and requires a code amendment to sections 7.05.020 and 7.05.130 of the Kent City Code relating to storm and surface water utility charges in order to include a definition of"rainwater harvesting system" and a provision allowing for the ten (10) percent rate reduction if such a system is in use by a commercial property owner or renter. BUDGET IMPACT: None. 1 _i1— i ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending sections 7.05.020 and 7.05.130 of the Kent City Code relating to storm and surface water utility charges in order to include a ten (10) percent rate reduction for commercial properties utilizing a rainwater harvesting system. this rate reduction was passed by the Legislature and signed by the Governor under Engrossed Substitute House Bill 2088, which takes effect July 31,2003. WHEREAS, On May 20, 2003, Governor Locke signed into law Engrossed Substitute House Bill 2088 ("ESHB 2088"), which amends RCWs 35.67.020 and 35.92.020 and requires cities to provide a minimum ten(10)percent rate reduction in the amount of storm or surface water charges billed to owners or renters of commercial buildings if that properly utilizes a raims'ater harvesting system;and WHEREAS, ESHB 2088 also requires a conunercial property owner or renter using a rainwater harvesting system to use a system that is properly sized toI. utilize the available roof surface of the building; and WHEREAS, the Washington State Building Code Council, on July 12, 2002, adopted Permissive Rainwater Harvesting System Guidelines for Non- Residential Occupancies which provides guidance on the installation of an acceptable system; and 1 Rahnvaterlfarvesting System — Ateendenent to Ch. 7.05 SCC '.. -7 — WHEREAS, ESHB 2088 takes effect on July 31, 2003, and requires a code amendment to sections 7.05,020 and 7.05.130 of the Kent City Code relating to stonn and surface water utility charges in order to include a definition of"rainwater harvesting system" and a provision allowing for the ten (10) percent rate reduction if such a system is in use by a commercial property owner or renter; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. —Amendment. Section 7.05.020 of the Kent City Code, entitled"Definitions,"is amended as follows: See. 7.05.020. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Detention shall mean the temporary storage of storm and surface water run-off with provisions for the controlled release of the stored water. - Equivalent seii1ce unit (ESE) shall mean a configuration of development or impervious surfaces estimated to contribute an amount of con-off to the city's storm and surface water drainage system which is approximately equal to that created by the average single-family residential parcel. This excludes the multiplier effects of continuous areas of impervious surfaces larger than an ESU. One (1) ESU is equal to '',........ two thousand five hundred (2,500) square feet of impervious surface area or any portion thereof. Impervious ntnitiplier shall mean a multiplier used in the city storm and surface water utility rate formula which reflects the hydraulic impact of increasing percentages of impervious surface area. The effect of such multiplier is to increase the monthly service charge for parcels having a higher ratio of imperious surface area to total surface area. '.. 2 Rainwater Harvesting System— Amendment to Cit. 7.05 KCC -73_ Impervious surface shall mean that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre- existent to development,and/or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present tinder natural conditions pre-existent to development. Common impervious surfaces include, but are not limited to, roof tops, concrete or asphalt pacing, walkways, patios, driveways,parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water. j Parcel shall mean the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purposes and given a tax account(lot)number by the King County assessor. Parcel, agricultural shall mean any parcel of land upon which crops are � produced or livestock is raised, and may include houses,bums, greenhouses and other structures related to farming activities. Agriculture includes both commercial and noncommercial activities. Parcel, developed shall mean any parcel which has been altered by grading or filling of the ground surface or by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel. Petrel, single-family residential shall mean any parcel of land having on it a dwelling unit which is designed for occupancy by one (1) family or a similar group of people. Petrel, undeveloped shall mean any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious suface area which affects the hydraulic properties of the parcel Rainwater Harlesline SiVem shall mean a system that is properly sized to utilize the available roof surface on any new or remodeled commercial building. which '.. complies with the guidelines established by the Washington State Building Code Council for a harvesting system that collects and stores rainwater for the purpose of supplying water to plumbing fixtures industrial applications, or used for irrieation purposes. 3 Rainwater Harvesting Spsteur— Amendment to C6. 7.05 KCC -74- Retention shall mean the storage of storm and surface water tun-off with no provisions for release of the stored water other than by evaporation and infiltration. Sloan and .surface water facility shall mean any natural or person-nmade !, component of the city storm and surface water system. Storm and surface water facility shall also include any structure or facility impacting the city system, or otherwise related to storm and surface water management. Storm and surface water system shall mean the total system of stotm and surface water facilities as described in KCC 7.05.040 and the drainage basins map. SECT/ON 1. -Amendnrent. Section 7.05,130 of the Kent City Code, entitled"Rate reductions-Credits,"is amended as follows: Sec. 7.05.130. Rate reductions - Credits. The finance director, upon !, direction of the director of public works or designee shall reduce (credit) the normal '.. storm and surface water utility charge for a parcel of real property when the public works department finds: 1. The owner of a parcel, other than a residential parcel, has installed an approved onsite retention system which substantially reduces the flows expected after the development of such a parcel. No credit shall be given for mitigating measures which are required to meet any ordinance, regulation, other control or standard established by the city, King County or the state. Such credits shall be commensurate with the mitigating effects so that the reduction in rates will be in approximate proportion to the reduction in run-off. In no case shall such a credit result in a rate less than the monthly charge for a single-family residential parcel. A system of standard credits in story and surface water utility charges for retention measures shall be developed and transmitted to the city council for approval within ninety (90) days of adoption of this chapter. 4 Rainwater harvesting Systeor- Amendment to Cit. 7.05 KCC 2. Such a credit will remain in effect as long as: a. The owner of such a system has obtained the proper permits and constructed the system according to plans approved by the director of public xvorks or designee; b. The owner remains responsible for all costs of operation and maintenance of the system consistent with city standards, whether operated and maintained by the owner or by the city; and C. The director of public works or designee has access for inspection of the system to determine if it is in compliance with design and i maintenance standards,and is functioning properly. 3 The owner or renter of a new or remodeled commercial building is i utilizing a permissive rainwater harvesting system, as defined in KCC 7.05.020. In such cases, and in accordance with RCWs 35.67.020 and 3S,92.020, the owner or renter shall receive a credit equal to a minimum ten (10) percent rate reduction. The city's public works director will consider rate reductions in excess of ten (10) percent depending upon the amount of rainwater harvested. 44. The owner or renter of a single-family residential parcel of real property qualifies under Resolution 980 for lifeline rates. In such cases, the lifeline charge rate for the qualifying customer shall be ninety-tvvo cents ($0.92) per month, and basin- '... specific charges pursuant to KCC 7.05.090(B)(5)shall not be imposed. 54. The owner of a parcel of real property has made improvements to existing and natural watercourses which will result in the enhancement of water quality or the restoration or enhancement of natural spawning or rearing areas. These credits shall continue so long as the owner or his agent satisfactorily maintains the watercourse improvements, Standards and criteria for establishing the amount of reductions for such improvements shall be developed,with the assistance of a fisheries biologist, and transmitted to the city council for approval within one hundred eighty (180)days of the adoption of this chapter. j 5 Raisn-aterllarrestiagSy-stem— Amendment to Ch. 7.05 KCC I 65. Approved onsiie retention systems in subsection (1) above, and approved water quality enhancement efforts, in subsection(43) above, are found to be mitigating measures pursuant to RCW 90.03.510 and thereby entitled to the credits provided in this section. SECTION 3. —Severabilin. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. — _Effective Date. This ordinance shall lake effect and be in force thirty(30)days from and after its passage as provided by law. '... JIM WHITE,MAYOR ATTEST: i BRENDA JACOBER,CITY CLERK APPROVED AS TO FORM TOM BRUBAKER,CITY ATTORNEY i I 6 Rainwater Harvesting System — Amendment to Ch. 7.056CC '',, -7— PASSED: day of 2003. i APPROVED: day of 2003. PUBLISHED: day of 2003. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated_ (SEAL) BRENDA JACOBER,CITY CLERK i 7 Rainwater Harresling System - - Amendment to Ch. 7.05 KCC -78- PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director 400 Phone:253-856-5500 ^�- Fax: 253-856-6500 \'--7KEN 1 Address: 220 Fourth Avenue S. W A S H I M G T O N Kent,WA.98032-5895 l DATE: August 4, 2003 TO: Mayor White a Dent City Council I ROD1: Don Wickstro blic Works Director SUBJECT: Proposed L.I.D.: 120" PI SE Sanitary Servers (SE 256'h St. to 200 feet south) A1OTION: Recommend adoption of the Resolution of Intent setting a public hearing date on the formation of the L.I.D. for the 6 properties shown on the attached map. SUAl11IARYlBACKGROUND: l The City received a petition for the installation of sanitary sewers in the vicinity of SE 256'h Street and 120'h PI. SE as shown on the attached map. Subsequently, all property owners within the project area were contacted and there appears to be adequate support to proceed with the L.I.D. formation. The project area is inside of the City limits and Kent's sewer service area. The City developed a proposal to service the six lots on the 120th Pl SE cut de sac. Sewer is available to all other properties in lire vicinity. The information including cost was given to the petitioner. The petitioner contacted his neighbors and confirmed interest in the L.I.D. with new signatures on a new petition. Four of the six lots (67%) signed the petition. These parcels are indicated on the map. The other two property owners do not want to proceed with the L.I.D. due to the expense. The total L.I.D, assessment is estimated at $90,000. All lots are single family lots receiving one side sewer connection so all are assessed equally. The estimated assessment is$15,000 per lot. The project area is an older residential area developed with septic systems. All six lots have homes. It is not known how many existing septic systems are technically in a state of failure, however, we understand from the residence that there have been septic problems in the area. Our understanding is that there are no serious septic problems at this time. Due to the age of the septic systems and the potential for problems, the petitioners are wanting to upgrade to sanitary sewer. Usually it is difficult to repair septic problems, especially on small lots such as these with limited space. Sanitary sewers are usually the most feasible, economical and long tern method for addressing these potential problems, especially when numerous property owners in a neighborhood support sewer installation as is the case with this proposal. The Department of Public health has told us that the life expectancy of a septic system is twenty to thirty years depending on use and maintenance and that they are a short tens disposal method iv4ayor White and Kent City Council Proposed LiD: 120"Place SE Sanitary Sewers August 4, 2003 1 -79- The Department of Public health has told us that the life expectancy of a septic system is twenty to thirty years depending on use and maintenance and that they are a short tern disposal method until public sewers become available. The project area has exceeded this time frame, therefore, these systems are at or are near the end of their useful live. They also say that the cost of septic repairs may be as high as converting to public sewers. The latest state codes make septic repairs more difficult and expensive. The soil type within the project area is poorly rated for septic system use. According to the Soil i Conservation Service (US Dept. of Agriculture) soil survey for King County, the soil type as mapped is rated severe limitation for septic drain fields. The soil series is designated as AD (Alderwood gravelly sandy loam, 0 to 6% slopes). This soil exhibits very slow permeability below a depth of 24-40 inches and a seasonal high water table. Effluent and drainage move laterally over the imperious layers. Effluent may come to the surface. In addition to the need for sewers in this area to replace the old septic systems, there are environmental concerns. The project area is located near two mapped wetlands located along the northwest tributary to the west fork of Soosette Creek. Septic systems are a threat to water quality. There are no City owned properties within the proposed project. However, the proposal is for the City to contribute an estimated $11,700 sewer utility funds. Typical sewer L.LD projects are estimated at about $15,000 per lot. Due to the small size ofthis project, the per lot cost is higher. The proposal is for the City to fund the cost in excess of the S15,000 per lot assessment. For sometime the water main on 120"' PI SE has been in need of replacement. The proposal is for the City to fund and construct the necessary water main improvements in conjunction with the sanitary sewer should the L.I.D. be formed. The road restoration costs will be shared between the water and sewer projects, thereby reducing the sewer construction costs. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact i I Mayor White and Kent City Council Proposed LID: 120'h Place SE Sanitary Sewers August 4, 2003 2 i - S 21)8TFY�/� W d> -Bo- 1- t�lA 'I 3 j ¢ { 16� ST. m S 218TH T ��1 n SE 223RD ST ¢ CITY OF KENT i z y� 61 cl p S 228 is .//• � s i 1 I N - SE 24 S ST �^ SE 40 S7 W � N > m SE 44 ST CLARK m I m m SE 48TH ST w w s 2N ST P ECT W o > L TON o w ^ W A T S 86TH 5 W 9TH ST /i0 fN7 cl N / SE 264TH ST w w N 0 a / o SR 6 o 77 ST CITY OF KENT ENGINEEHINO DEPARTMENT 400 W. GOWE ST KENT. WA. 98032 PROPOSED SANITARY SEWER L.I.D. VICINITY MAP NT 120TH PL S.E. (S.E. 256TH STREET TO 200 FT. SOUTH) 9 JULY, 2003 9 u U o, III EXISTING SANITARY SEWER WETLAND S.E. 256TH ST LEGEND O* N O WETLAND O ASSESSMENT NUMBER O- m 9 PROPOSED O LID PARCEL q 2 * � � 8" SANITARY _ SEWER _ --PROPOSED O 1 O SANITARY SEWER �e BOUNDARY SIGNED NEW PETITION I ! KENT SCHOOL DISTRICT ADMINISTRATION OFFICES I a 9 � 0 R s CITY OF KENT ENGINEERING DEPARTMENT ADO W. GOWE ST KENT. WA. 95032 5 / PROPOSED SANITARY SEWER L.I.D. BOUNDARY MAP `J KENT 120TH PL S.E. (S.E. 256TH STREET TO 200 FT. SOUTH) JULY, 2003 0 ti