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
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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
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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.
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Mayor White and Kent City Council Construction Agreernent Pac Hw S. HOV Lanes-
August 4, 2003 Y
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SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
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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
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The Government Entity and the Company therefore agree as follows:
1. Definitions.
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(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
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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
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(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.
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(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.
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(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.
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(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
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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
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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
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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
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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
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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
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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:
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By By:
Date: Date:-
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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.
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City of Kent 10
Pacific llighN%ay South: 252nd to South 272"d
0101013455
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ATTACHMENT Q
PROJECT SCIIEDULE
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City of Kent I I
Pacific Highway South: 252id to South 272"a
#101013455
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ATTACHMENT C
PSE GENERAL NOTES AND SPECIFICATIONS
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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.
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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.
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Mayor White and Kent City Council August 4, 2003 Joint Utility Trench Agreement Pac H«y S. HOV Lanes-
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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
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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.
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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 .
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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
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installing COMCAST's vaults as shown in Exhibit A. i
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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
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Page 3 ur E W/IJ'101
Joint Trench Agreement-
(heN een C17Y of Ken,and Cumrus,Grrrrrrnuinn)
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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.
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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)
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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.
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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)
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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) -
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EXHIBIT A
ESTIMATE OF PROBABLE COST
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CITY OF KENT
PACIFIC HIGHWAY SOUTH HOV LANES
COMCAST COST ESTIMATE
Item No Item Description
1 Joint Utility Trench Excavation 252,019
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2 Vault Excavation and Installation 26,235
Total Cost Estimate $278,254
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7/2/2003 Page 1 of 3
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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. '..
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7/2/2003 Page 2 of 3 III;
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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 !
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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.
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TAContracting\Pre-Con\Pre-Construction LA Packet 2001.DOC
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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.
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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.
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\\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
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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 �
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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.
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2003 PWrF Pre-construciian than Agreement
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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
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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.
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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.
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2003 l"47Ft're-Construction Loan Agrecmcnl
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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.
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2003 PWTFPre-Consvunion Loan Agreement
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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.
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2003 PRTF Pre-Consuucfion Loan Agreement
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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.
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2003 PVrF Pre-Construction Loan Agreement
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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.
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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
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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.
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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
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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—
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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—
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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
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maintenance standards,and is functioning properly.
3 The owner or renter of a new or remodeled commercial building is
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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:
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BRENDA JACOBER,CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER,CITY ATTORNEY
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6 Rainwater Harvesting System —
Amendment to Ch. 7.056CC '',,
-7—
PASSED: day of 2003.
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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
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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
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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
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Mayor White and Kent City Council Proposed LID: 120'h Place SE Sanitary Sewers
August 4, 2003 2
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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
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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
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SEWER
�e BOUNDARY
SIGNED NEW
PETITION
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KENT SCHOOL DISTRICT
ADMINISTRATION OFFICES
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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
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