HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 01/07/2019
Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third
Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Public Works Administration at 253 -856-5500, or
email Cheryl Viseth at CViseth@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Public Works Committee
Agenda
Chair - Dennis Higgins
Brenda Fincher– Toni Troutner
Monday, January 7, 2019
4:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of December 10, 2018
Minutes
YES Chair 05 MIN.
5. Info Only/TMP Non-Motorized -
Update
NO April Delchamps 15 MIN.
6. SE 248th St Improvements Joint
Utility Trench Agreements
YES Ken Langholz 10 MIN.
7. Goods and Services Agreement
with Environmental Coalition of S
Seattle - Recommend
YES Tony Donati 05 MIN.
8. S 228th St Corridor WA State
TIB Grant - Recommend
YES Mark Madfai 10 MIN.
9. Parking Ordinance Revisions -
Recommend
YES Rob Brown 10 MIN.
10. City of Covington Interlocal
Agreement Amendment
YES Sean Bauer 05 MIN.
11. Info Only/Kentridge Parking -
Update
NO Rob Brown 15 MIN.
12. Info Only Quiet Zone - Update NO Chad Bieren 05 MIN.
13. Info Only/Dvorak Barn
Relocation
NO Tim LaPorte 05 MIN.
Public Works Committee CC PW Regular Meeting January 7, 2019
14. Adjournment Chair 01 MIN.
Page 1 of 5
Pending Approval
Public Works Committee
CC PW Special Meeting Minutes
December 10, 2018
Date: December 10, 2018
Time: 4:00 PM
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:00 PM
2. Roll Call
Attendee Name Title Status Arrived
Dennis Higgins Chair Present
Brenda Fincher Councilmember Present
Toni Troutner Councilmember Present
3. Changes to the Agenda
4. Approval of Minutes dated November 19, 2018
The minutes of the November 19, 2018 meeting were approved as written.
MOTION: Move to approve the Minutes dated November 19, 2018
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. Small Cell Franchise with New Cingular Wireless (AT&T)
Christina Schuck, Assistant City Attorney noted that the city has been
negotiating franchise agreements with a number of telecommunications
companies that are seeking to deploy new small cell equipment on Puget
Sound Energy utility poles throughout the City.
Greggory Busch with AT& T thanked the City for working with them to get
this Ordinance established.
MOTION: Move to recommend Council adopt an ordinance,
establishing a 5-year franchise agreement with New Cingular
Wireless, subject to final terms and conditions acceptable to the City
Attorney.
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Public Works Committee CC PW Special Meeting
Minutes
December 10, 2018
Kent, Washington
Page 2 of 5
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
6. Consultant Services Agreement with Transportation Solutions, Inc.
(TSI) for 4th and Willis Roundabout Design
Thomas Leyrer, Design Engineer II showed a photo of a roundabout that is
similar to our future roundabout at 4th and Willis Street.
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with Transportation Solutions, Inc.
for Transportation Engineering services for the 4th Avenue & Willis
Street Roundabout Project in an amount not to exceed $79,570.00,
subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
7. Contract Agreement with KBA, Inc. for S. 228th Union Pacific
Railroad Grade Separation Ground Improvements and Embankments
- Recommend
Jason Barry, Capital Projects Manager noted that this consultant contract is
needed to provide a Resident Engineer, Inspector, Contract Administrator,
and sub consultant to perform contract administration, construction
management, quality control, and inspection on this federally funded project.
MOTION: Move to recommend Council authorize the Mayor to sign a
contract with KBA, Inc. for Contract Administration, Management,
Quality Control, and Inspection in the amount of $467,960.00 for the
S. 228th Union Pacific Railroad Grade Separation Ground
Improvements and Embankment project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
8. Parking Ordinance for West Smith St.
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Public Works Committee CC PW Special Meeting
Minutes
December 10, 2018
Kent, Washington
Page 3 of 5
Rob Brown, Transportation Engineering Manager noted that West Smith
Street has experienced an increase in the number of vehicles parking on the
street for extended periods of time. Brown stated that the proposed
ordinance would create a four-hour parking zone which would allow parking
for commercial needs and would also allow enforcement of an existing code
9.38.095 which prohibits “re-parking” on the same block within a time-
limited parking zone.
MOTION: Move to recommend Council Adopt an Ordinance Amending
Chapter 9.38 of the Kent City Code to restrict parking on West Smith
Street between 64th Avenue South and Washington Avenue North to
a four-hour time limit.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
9. Information Only/Mill Creek Rehabilitation Project - Update
Melissa Dahl, Environmental Specialist noted that staff has been working on
the Mill Creek Rehabilitation project for several years. In November staff met
with the State and Federal regulatory agencies. At that meeting staff was
asked to broaden the scope of the project to include culvert replacement
work on 76th Avenue north of 228th Street and all the pedestrian or service
bridges that cross (or will cross) the creek.
This is a significant change which requires the city to utilize geotechnical and
structural consultants to prepare preliminary designs for the bridges and
culverts to enable the permit process to continue.
Staff will report back to Committee members at a later meeting for
approvals.
10. King County Solid Waste Division/Waste Reduction and Recycling
Grant (WRR) - Recommend
Tony Donati, Conservation coordinator noted that this is a no match grant
that will fund three special recycling and collection events.
MOTION: Move to recommend Council authorize the Mayor to accept
the Waste Reduction and Recycling Grant in the amount for
$178,192.00 for 2019/2020, establish a budget and authorize
expenditure of the grant funds accordingly, and authorize the Mayor
to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
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Public Works Committee CC PW Special Meeting
Minutes
December 10, 2018
Kent, Washington
Page 4 of 5
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 1/15/2019
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
11. Info Only/King County Disposal Rate Increase
Tony Donati, Conservation Coordinator noted that the King County Solid
Division has confirmed a rate increase on disposal fees that will take effect
on January 1, 2019. The new rate will be $140.82 per ton, up from $134.59
per ton. This rate will be passed on to residents and businesses as allowed in
the City’s contract with Republic Services.
12. Information Only/Plastic Bags
Tony Donati, Conservation Coordinator gave a brief presentation, informing
committee members of the problems plastic bags cause, which cities have
already implemented a bag ban, and discuss what a ban on plastic bags
might look like in Kent.
13. Information Only/Quiet Zone Update
Per Chair Higgins request following is the status on the Quiet Zone (QZ) to
date. The comment period for the city’s Notice of Intent (NOI) to establish a
Railroad Quiet Zone (QZ) has closed for both the Union Pacific (UP) and
Burlington Northern Santa Fe (BNSF) railroads. Comments on the NOI were
received from BNSF, UP, the Washington State Utilities Commission (UTC),
and the Washington State Department of Transportation (WSDOT). In
general, the comments received are consistent with information that has
been received through QZ Diagnostic Study field meetings and informal
communication with representatives of the organizations providing NOI
comments.
Staff analysis of the comments indicates that the most significant requests
for improvements prior to establishment of the QZ came from BNSF. City
staff and the city’s consultant agree that BNSF’s request to intertie the city’s
traffic signal system along Central Avenue S with BNSF’s railroad crossing
signals is not necessary prior to establishment of the QZ. Similarly,
replacement of existing incandescent signal heads with LED signal heads is
not related to the QZ. There are also ancillary improvements to existing
BNSF equipment, such as relocation of signal systems to meet updated BNSF
standards that we do not agree should be tied to the QZ. Agreeing to these
requests and moving forward with construction would likely cost between
$1.5-million to $2.5-million, and require 9-12 months at a minimum to work
through agreements with BNSF. The alternative is to meet Federal Railroad
Administration guidelines and move forward with the QZ. A QZ on BNSF will
include Supplemental Safety Measures (SSMs) and Alterative Safety
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Public Works Committee CC PW Special Meeting
Minutes
December 10, 2018
Kent, Washington
Page 5 of 5
Measures (ASMs). The use of ASMs require us to apply to the FRA to
establish the QZ. The application to the FRA and Establishment of the QZ for
BNSF would be by application to the FRA. After a 60-day comment period
the FRA makes a judgment if the proposed crossing modifications have
sufficient risk reduction to establish a QZ. BNSF would likely comment on the
proposed QZ. Assuming the FRA approves the QZ, a petition to modify each
grade crossing within the QZ would be submitted to the UTC. During the
UTC process comments are solicited from the railroad. If the railroad does
not agree to the proposed crossing modifications an administrative hearing is
scheduled. BNSF would likely contest our crossing modifications leading to an
administrative hearing. This process would take 12 to 15 months.
Based on comments received from UP, completing a QZ at its crossings
should be less challenging. Federal law allows the City to establish the QZ
based on the risk reduction with SSMs. Staff are working on responses to
comments and we anticipate working through details with WSDOT, the owner
of the crossing, in the first quarter of 2019. Following this, staff will work
through the details with UP and the UTC in the 2nd and 3rd quarters. Provided
this process goes smoothly, we plan to construct improvements in the 3rd/4th
quarter, completing the QZ on the UP in early 2020.
An update on our safety grant from UTC, the grant will be used to install
fencing on either side of the UP tracks south of Willis St and along the east
side of the BNSF tracks north of James. A request to complete the work in
this manner has been sent to UTC and a decision on approval by UTC is
scheduled on December 13, 2018. Provided we are approved, the fencing will
be installed by June 15, 2019, which is the deadline associated with the
grant.
14. Adjournment 5:00 PM
Cheryl Viseth
Committee Secretary
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: Info Only/Transportation Master Plan (TMP) Non-Motorized -
Update
INFORMATION ONLY: The update of the Non-Motorized section of the
Transportation Master Plan (TMP) began in June 2018. Since the last update in
November, staff have compiled comments from the initial outreach, facilitated a
review of all comments, and completed the potential non-motorized transportation
network. The potential non-motorized transportation network includes the bicycle
network, sidewalk network and intersection improvements. Comments were
received from the Kent Bicycle Advisory Board (KBAB), various Kent departments
(Economic and Community Development, Parks, Police, Public Works Engineering,
and Public Works Operations), the Kent School District, and neighborhood councils.
The potential non-motorized transportation network is the baseline for the
upcoming non-motorized outreach efforts.
Additionally, staff completed a preliminary feasibility analysis. The potential bicycle
network analysis included a review of critical areas, crash data, private roadways,
and right-of-way; the sidewalk network analysis included a review of locally
classified roadways and connectivity; and the crossing improvements analysis
included a review of crash data and average daily traffic.
The next steps include a transportation priorities workshop to understand Kent’s
transportation priorities and develop an outreach strategy. These steps extend
beyond the non-motorized transportation network to include all modes and
transportation issues. The transportation priorities will inform the non-motorized
prioritization criteria currently being developed.
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: SE 248th St Improvements 107th Ave SE to 110th Court SE -
Joint Utility Trench Agreements with PSE, Century Link,
Comcast and Verizon Business - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign the
Joint Utility Trench Agreements with Puget Sound Energy, Century Link,
Comcast and Verizon Business for the SE 248th Street Improvements
Project - 107th Ave. SE to 110th Court SE, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: SE 248th Street is being improved across the frontage of the YMCA
between 107th Avenue SE and 110th Court SE. As part of the street project,
undergrounding of overhead power and communication facilities is required
pursuant to Kent City Code 7.10.030. The agreements with Puget Sound Energy
(PSE), CenturyLink, Comcast and Verizon Business are for the overhead to
underground relocation of power distribution and communication facilities which will
be placed in a joint utility trench.
BUDGET IMPACT: To be paid from approved YMCA funds.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government, Sustainable Services
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 6 - Exhibit 1 - PSE (PDF)
2. 6 - Exhibit 2- CenturyLink (PDF)
3. 6 - Exhibit 3 - Comcast (PDF)
4. 6 - Exhibit 4 - Verizon-MCI (PDF)
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SCHEDULE 74 UNDERGROUND CONVERSION
Project Gonstruction Agreement
Project Name Kent YMCA. SE 248th St - Sch74 rsron
Project Number: 101 109989
THIS Agreement, dated as of this _ day of 2019-, is made by and
between _The City of Kent , a _Municipal Corporation (the "Government Entity''), and PUGET
SOUND ENERGY, lnc., 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 _April 13th, 2018_ (the "Design Agreement"), pursuant to which the parties
completed certain engineering design, cost assessment, operating rights planning and other preliminary
work relating to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74.
AGREEMENT
ïhe Government Entity and the Company therefore agree as follows
1. Definitions.
(a) Unless specifically defined othenrvise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; andvi) Underground Service Lines.
(b) "Company-lnitiated Upgrade" shall mean anyfeature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
Construction Agreement, Attachment "8" to Schedule74, Page 1
SE 248th St between 107th Ave SE & 11Oth Ct SE - Sch74 conversion
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of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being replaced
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government-Requested Upgrade.
(i) "Party''shall mean either the Company, the Government Entity, or both
(j) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii) the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(l) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
Construction Agreement, Attachment "8" to ScheduleT4, Page 2
SE 248th St between 107th Ave SE & 11Oth Ct SE - Sch74 conversion
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replacement program, plus (iii)just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in ScheduleT4, and (ii) the removalof anyfacilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement.
(q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) "Work" shall mean allwork to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obliqations of the Companv.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
Construction Agreement, Attachment "8" to Schedule74, Page 3
SE 248th St between 107th Ave SE & 1 1Oth Ct SE - Sch74 conversion
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i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as othenvise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electricalfacilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obligations of the Government Entity.
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work"):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
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.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
Construction Agreement, Attachment "8" to Schedule74, Page 4
SE 248th St between 107th Ave SE & 11Oth Ct SE - Sch74 conversion
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(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6. Chanqes.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) lf any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. lf 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
ïemporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost,
Construction Agreement, Attachment "8" to ScheduleT4, Page 5
SE 248th St between 107th Ave SE & I lOth Ct SE - Sch74 conversion
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schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutualty acceptable equitable adjustment. lf, 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 equitabte 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 (407o) to the
Government Entity.
¡i) 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-lnitiated 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.
¡i) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
Construction Agreement, Attachment "B" to ScheduleT4, Page 6
SE 248th St between 107th Ave SE & 11Oth Ct SE - Sch74 conversion
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(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 ltemization. The Government ltemization 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 ltemization 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 ltemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
8. lndemnification.
(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 allclaims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 5'1 of the Revised Code of Washington, the
lndustrial lnsurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section B extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
Construction Agreement, Attachment "8" to Schedule74, Page 7
SE 248th St between 107th Ave SE & 11Oth Ct SE - Sch74 conversion
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9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons' and entities' Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Re5olution.
(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. ln 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 lndustry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrato(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) ln 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 othenvise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
Construction Agreement, Attachment "8" to Schedule74, Page B
SE 248th St between 107th Ave SE & 110th Ct SE - Sch74 conversion
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1 1. Uncontrollable Forces.
ln 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. lnsurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $_1,000,000_ per
occurrence and $_1,000,000_ aggregate for personal injury; and $_1,000,000_ per
occurrence/ aggregate for property damages, and professional liability insurance in the amount of
$_1,000,000_.
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) ln lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Aoreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule B0 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. ln the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. ln such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
invoice therefor. Sections 1 , 5,7 ,8, 9, 10, 1 1 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15.000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
Construction Agreement, Attachment "8" to Schedule 74, Page 9
SE 248th St between 107th Ave SE & 11Oth Ct SE - Sch74 conversion
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(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(0 lndependent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State lndustrial lnsurance
Program, or othen¡¡ise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Riqhts or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Partv 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) GovernmentalAuthoritv. 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.
0) 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) Severabilitv. ln the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
Construction Agreement, Attachment "8" to Schedule 74, Page 10
SE 248th St between 107th Ave SE & 1 1Oth Ct SE - Sch74 conversion
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(l) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows:
lf to the Government Entitv:Citv of Kent
400 West Gowe
Kent. WA 98032
Attn: Ken Lanqholz
Phone: 253-856-551 6
lf to the Company:Puget Sound Energy, lnc.
6905 South 228th St
Kent, WA 98032
Attn: Honq Nguyen
Phone: 425-449-6609
Any Party may change its address specified in this Section 13(l) by giving the other Party notice of
such change in accordance with this Section 13(l).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Aqreement. 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 fullforce 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:
PUGET SOUND ENERGY. INC.
BY BY
ITS
Date Signed Date Sign ad
Approved as to form
Construction Agreement, Attachment "8" to Schedule 74, Page I'1
SE 248th St between 107th Ave SE & 11Oth Ct SE - Sch74 conversion
et TY ÔF KEN T
ITS
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lo: City of Ketrt
400 West Cowc
KGnt, WA 98032
Atln: Kea Langholz
ProJecl Descripllon: Sch 74 OHruG ænvers¡on
Locollon: SE 248th St, Kent WA 98030
PSE Projecl Monoger: Hong Nguyen
D*: 12131/2018
F AC| LTV CONYERS'O N / M O DI FI C ATION BII.I.ING DEÍ AIL
ScoæoîWqr(
The conversion work w¡ll begin ot lhe exisling pole locqled NE of lhe lnlereclion of SE 2¡l8th St qnd loTth Ave SE. lhe conyeEion will
qonlinue lo lhe Eqst olong the North s¡de of SE 248th St to the ex¡sling pole locqted NW of lhe inleFeclion of SE 2¡l8lh St qnd I loth Ct
SE. The Converr¡on Projecl Is opprolmoiely 1,120 feet Ìn length, includ¡ng lolerqls ond roqd cros¡ngs.
@ PUGET
9UND
ENErcy
.....-. ...- .c!9!:ge-O,-rders
City Obligation
PSE Obligtion
s0.00
$0.00
*22.221-OE
sl5l.a12.12
(s85.ór4.00)
566.1 98.¡12
Customer lnstalled Duct and Vau¡t
t0l 109989
PsEcostshare I OoY.
l;12.ó90.m
$112.69ù.00
fOTAt PROJECf VAIUE:
Cltv ot Kenl Obllqollon lncl/CO's;
Cltv of Kenl Credll fôr D+v:
PSE Construct¡on Cost Estimate
101
Cost Shaæ
$
$96.215.m
I 16.61?.m
$9.172.{0
24.877.00
3A2.562.26
s2a,793.02
$
$358,25ó.68
PSE Desiqn Cost
10r r09989
c¡tycostshare I ¿o*
$7.576.0t
sl t.988.52
sI.709 82
$21.27.t.38
Activily:
PSE Order #r
FSE Maleriols
PSE Conslruclion Lobor
FSE Projècl Monogemenl
PSE ln3pecllon
FSE Overheods
Federol lncome Tox
totct Acluot ços13:
Puget Sound Energy, lnc. PO Box 90868 Bellevue, WA 98009-0868
Billing Deta¡l Fom 5,/01
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PUGET SOUND ENERGY
The Energy To Do Grcat Thinss
Exhibit '4" Project Plan
Schedule 74 lJnderground Conversion
CityofKent-SE 2fiSthStreet- l07th Ave. SE to 110th Ct. SE
Schedule 74
PSE Project Number: 101 109989
Decemb er 27 ,201 8
Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes the scope of
construction work (the "Construction Work") to be performed by PSE and the City of Kent (the
"City") for the conversion of certain PSE electrical distribution system facilities as described
herein (the "Conversion Project"). Construction of this Conversion Project is contingent upon
and shall commence only after both written acceptance of this Project Plan and written execution
of a Schedule 74 Construction Agreement by the City and PSE.
This Project Plan includes and consists of;
. Description of the Construction Work to be performed
. Construction Drawings, Standards, Specifications and Requirements for the Construction
Work (attached)
. Operating Rights to be obtained for the Conversion Project (attached)
. Construction Work Schedule
. Construction Costs Estimate Summary (attached)
Revisions to this Project Plan must be mutually approved bv the Citv and PSE.
Construction l(ork
This Conversion Project will replace PSE's existing overhead electrical distribution system with
an Underground Distribution System within the following area (the "Conversion Area"): the
north side of SE 248th Street between l07th Avenue SE and llOth Court SE. Road crossings
will be part of this project.
The Conversion Project has no modifications or replacement of existing services lines within the
Conversion Area. This project will include the removal of PSE's existing overhead electric
distribution facilities (including PSE distribution poles and pole mounted street lights) from the
Conversion Area.
There are no Company Initiated Upgrades in the Conversion Project Scope of Work.
City requested upgrades included in this project consist of: None
CityofKent
101109989
Page I
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Responsibílities of Pørtíes
City Responsibilities
a) At least ten (10) business days prior to the scheduled commencement of Construction Work,
hold a pre-construction meeting involving all participants in the Conversion Project to review
project design, coordination requirements, work sequencing and related premobilization
requirements.
b) At least ten (10) business days prior to the scheduled commencement of Construction Work,
give PSE written notice to proceed with the Construction Work to allow for delivery of PSE
materials to the job site and scheduling of PSE's on-site Inspector.
c) Provide written notice to customers within the Conversion Area in advance of Conversion
Project Construction Work start. The notice will include contact information for both the
City and PSE, the expected Conversion Project schedule, anticipation of service intemrptions
and work required to be performed by customers.
d) Coordinate other utility conversion, removal and relocation from PSE's poles.
e) Provide all surveying for equipment placement, locations, and establish all grade elevations
for the Underground Distribution System within the Conversion Area.
f) Provide all necessary excavation, bedding, backf,rll, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut-over and transfer ofexisting underground system
and service lines from the existing overhead distribution system to the new Underground
Distribution System.
g) Provide flagging and traffic control as required for all work performed by the City.
h) Install and proof all ducts and vaults for the Underground Distribution System (excluding
work in ducts or vaults containing energized cables or equipment - see PSE Responsibilities)
in accordance with PSE standards and specifications using ducts and vaults provided by PSE.
"Proofing" as used herein is defined as verification using a mandrel that the duct and vault
system is free and clear of damage, installed to the proper grade and at the proper location and
contains a pulling line.
i) Provide at least five (5) business days' notice for scheduled delivery of PSE vaults by PSE's
vault supplier.
j) Provide secure staging and storage area(s) for duct and vault materials provided by PSE. The
City shall be responsible for the security and condition of these materials until they are
installed and accepted by PSE or retumed to PSE's custody.
k) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to
thejob site.
City of Kent
SE 248'h Stree¡- l07tb to I l0rh Page2
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1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and its
contractor(s), the City and its contractor(s), and other utilities.
m) Provide any necessary operating rights forthe installation of PSE's facilities in accordance
with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City.
Operating rights are further addressed in the Operating Rights section ofthis Project Plan.
n) Modifo, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
o) Following notification from PSE that Construction Work is complete; provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Pupet Sound Energy Resnonsihilities
a) Following notice from the City, deliver or cause to be delivered all duct and vault materials
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests.
b) Following notice from the City, provide inspection services needed for overseeing the proper
installation of ducts and vaults by the City.
c) Accept delivery of the completed duct and vault system once the new system has been
proofed (as described above) by the City. PSE will provide a mandrel to the City to be used
in proofing of the duct and vault system.
d) Provide PSE electrical workers to complete duct installation and proofing when such work is
performed at or in any energized vault containing energized cables or equipment.
e) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground Distribution
System is energized.
f) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item "f'concerning trenching
responsibility). PSE will notifu the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
g) Install and connect replacement underground service lines to single family residences and
connect modified and replacement non-residential underground service lines provided by
customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service
lines are listed in the Service Lines section of this Project Plan.
h) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE's poles. Holes left following removal ofpoles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
City of Kent 248th l07th to I I hth Page3
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i) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
j) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor during periods of Conversion Project
construction.
Operøtíns Rishts
The Underground Distribution System will be located within Public Thoroughfare and no
additional operating rights will be required for the construction of this conversion project.
C onstructíon Work S chedule
The Construction V/ork will be performed in accordance with the following Work Schedule,
unless this schedule is revised by mutual agreement of the City and PSE or circumstances
beyond the reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Will be 2019 construction and is anticipated to be 22 working
days for duct and vault.
Installation and energizttion. of the Underground Distribution System: Will be energized in
2019 and is anticipated to take approximately 25 working days for line crew.
Removal of overhead facilities: from Pole 314157-166225 to Pole 314154-166323 will be
removed in 2019 and is anticipated to take approximately three days for removal of PSE's
overhead system. Poles will be removed once all utilities have removed facilities off the poles.
Installation and removal of Temnorarv Service: No temp services requested atthis time.
Work Schedule Restrictions: No work restriction anticipated at this time.
Constructíon Cost E stímøte
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for ninety (90) days from the date shown on the attached Construction Costs
Estimate Summary. I f this Project Plan and a Schedule 74 Construction Agreement are not
fully executed within ninety (90) days from this date, the estimated costs shall be subject to
revision.
The scope of work provided for inthe previously executed Design Agreement has been
completed with written acceptance of this Project Plan by the City and PSE. The Construction
Cost Estimate summary reflects and provides for Construction Work costs commencing with
PSE attendance at the required pre-construction meeting and receipt of the City's written notice
to proceed with Construction V/ork. 'Work performed and/or costs incurred by PSE in response
City of Kent 248th - 107th to I Inth Page4
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to City request following acceptance of the Project Plan and prior to the pre-construction meeting
are not included in the Construction Cost Estimate Summary, and shall be subject to addition to
the Construction Cost Estimate by revision as described below.
Estimated Inspection and Service Provider Outside Services costs are based on
being constructed in 2019. Any work in 2020 will be subject to change order at the 2020
contract construction rates.
Costs/or Construction [üork performed by PSE outside of the projected corresponding
constructionyears shall besubject to revision to reflect PSE Service Provider contract rates
which become effictive in January of 2020.
Changes in Construction Work scope, performance and/or schedule can result in actual
Construction Costs that differ from estimated costs shown in the Construction Cost Estimate
Summary. In the event perforrnance of the Construction Work cannot or does not proceed
substantially as provided in this Project Plan, such changes shall promptly be brought to the
attention of PSE and the City when anticipated or known and shall be documented in a revision
to the Construction Cost Estimate Summary (a "Cost Estimate Revision") mutually agreed and
executed by the City and PSE.
Project Assumpt¡ons
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement and addressed by a Cost Estimate Revision.
Cost Assumptions
L The Construction Work will be performed in accordance with the Construction Drawings and
Construction Work Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days'notice of completion
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
justification), the City will perform the necessary remedial work. The City will then re
notify PSE, and PSE shall have five (5) business days to accept or reject the remedial work.
3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts
and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling
equipment and methods.
4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application (including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
City of Kent 248th , I07h to I |qth Page 5
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5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's
contractor opening a minimum of ! feet of trench per working day. The daily productivity
rate is used to estimate the number of days a PSE Inspector will be required during installation
of ducts & vaults. The Inspector will be scheduled in full day increments and in one
continuous effort. Changes to a continuous schedule require a minimum of five (5) days
advance notice and must be mutually agreed between the City and PSE.
6. Attendance by PSE's Project Manager at scheduled weekly construction coordination
meetings is included and reflected in the Construction Cost Estimate during periods when the
PSE ducts and vaults are actively being installed and when the PSE line crew is performing
installation, energization, cut-over and removal work. Attendance at additional meetings that
may be requested/required during other periods will be addressed by a Cost Estimate
Revision.
7. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple
channelization. Additional traffic control measures are not included and if
requested/required will be addressed by a Cost Estimate Revision.
8. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
9. Cut-over and transfer work will be completed during regular working hours as described in
Schedule Assumption #3 below. Changes in the performance of this work will be addressed
by a Cost Estimate Revision.
10.New guy anchors shall be installed prior to installation of new ducts in the same area.
11.When Fluidized Thermal Backfill (FTB) isused, associated costwill be allocated 100o/oto
PSE when required for a Company Initiated Upgrade and otherwise 100%to the City.
12.Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, associated costs
will be a Shared Cost and addressed by a Cost Estimate Revision.
Schedule
1. There will be atotal of two (2) PSE crew mobilizations for each of Phase One and Phase
Two as follows: i) one mobilization of an underground line crew for installation of
underground conductors and equipment; and ii) one mobilization of an overhead line crew
for removal of the existing overhead facilities. Once mobilized, PSE crews will have
continuous productive work until all PSE Construction Work is complete.
2. All PSE Construction Work will be performed during regular working hours from 7:00 am to
3:30pm Monday through Friday excluding holidays. In the event that lane closures are
necessary forperformance of work, PSE shall be limited to working between the hours of
7:00 am to 3:30 pm Monday through Friday. PSE and the City will mutually agree to weekly
work schedules for the Construction Work. PSE shall be allowed to perform PSE work as
scheduled without changes or intemrptions caused by other construction activities.
3. PSE customers within the Conversion Area will experience intemrption of electric service
during performance of the Construction Work when cutting over and transferring system and
customer loads from the overhead distribution system to the Underground Distribution
City of Kent 248th - t07th b t t)th Page 6
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System. Cut-over and transfer work will be performed during the regular working hours
specified in Schedule Assumption #2 above except as otherwise provided below. PSE will
notifl' customets at least two (2) business days in advance of scheduled service intemrptions.
Additio nøl C o nsiderøt¡o ns
Service Lines
Service lines within the Conversion Area must be modified or replaced to provide underground
service from the Underground Distribution System as listed below. Performance of the work and
associated costs shall be governed by PSE Tariff Schedule 85.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Desisn & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE's'Electric Distribution Trench/Duct/Vault Construction Standards, 2013". All relevant
PSE standard described above are attached to this Project Plan by this reference.
Temnorarv Srrnnorf ) of PSE Poles
Whenever any pole(s) are required to be temporarily supported (held) due to excavation in
proximity to such poles, the City will coordinate with PSE to provide such support. The need to
temporarily support such poles shall be determined by PSE, and if required, such support shall be
provided by PSE. As used herein, "temporary support" means supporting one or more poles for
a continuous working period often hours or less.
City of Kent 248th - I07th b I I 1th PageT
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BY
Acceptønce oÍ Project Pløn
The City and PSE mutually agree to and accept this Project Plan as ofthe date indicated below:
For the City:For PSE:
BY
Date
City of Kent 248th - I07h b I l\th Page 8
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City of Kent 2481h t 07'h to I t )th Page 9
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@ PUGEf
9UND
ENER6y
lo: City ofKetrt
400 West Gowe
Ketrt, lilA 98032
Atln: Ken Laagholz
F ACr Lrff CONyERSTO N / MODIFTC Afl ON B't ['Nc DEt AT L
gcoæ olwortr
lhe conveßion work will begin ql the exisling pole locqled NE ol lhe lnleEecllon ol SE 2¡l8th Sl qnd 1071h Ave SE. Ìhe convêßloh wilt
conlÍnue to lhe Eqst qlong lhe Norlh side of SE 248th St lo lhe exÌsllng pole losoled Ntt of lhe inlenecllon of SE 2¿lElh St ond I loth Ct
sE. The convers¡on Prcjecl ir opprox¡molely 'l,l20 feel in lenglh, lncluding lqlerqls qnd rood qrosings.
ProJect Dêscr¡pl¡on: Sch 74 OH/UG conversion
Locolion: SE 248th St, Kent WA 98030
PSE Projecl Monoger: Hong Nguyen
Datet 1,2/31/2018
Chanqe Orders
City Obligarion
PSE Obligtion
$0.00
$0.00
*22.n1.O5
s¡51.812.42
(s85.ór4.00)
5óó.1t8.42
Customer lnstalled Duct and Vault
l 0t I 09989
PSECostShare I eox
t{2 690 00
sl{2-690.o0
TOTAT PROJECf VATUE:
Ctly of Kenl Obllsqllon lncl/Co's:
Clly of Kent Credll for D+V:
PSE Construct¡on Cost Est¡mate
l0l
C¡ty Cost Share
109989
I 400/o
$
$9ó.235.00
116.6t7.00
$9.172.{0
2{.877.00
sa2.562.26
s28.793.O2
$
$358.256.68
PSE Des¡qn Cost
l0l 109989
c¡tycostsharc I +o*
$7.i76.01
$l t.988.i2
sI.709 82
¡2 t.274.38
Actlvlty:
PSE Order #:
FSE i¡taleriols
PSE Conslrucl¡on Lobor
PSE Prcjecl Mqnogement
PSE lnspecllon
PSE Ove¡heods
Fedêrc1 lncome Tox
rolqt Actuot gosfls:
Puget Sound Energy, lnc. PO Box 90868 Bellewe, WA 980090868
Billing Detail Fom 5/01
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JOTNT TRENCH AGREEMENT
Between the City of Kent and Centurylink
for the SE 248th Street Project
(107th Avenue SE to ll0th Court SE)
This Agreement is between the City of Kent, a Washington municipal
corporation ("City"), and Qwest Corporation d/b/a Centurylink QC ("Centurylink").
RECITALS
A. The City is making public right-of-way improvements to SE 248th Street
between 107th Avenue SE and 110th Court SE (the "project").
B. These right-of-way improvements require Centurylink to relocate its
authorized aerial facilities underground, Pursuant to RCW 35.99.060(3)(b),
Centurylink may seek reimbursement from the City for the additional incremental
cost of underground compared to aerial relocation if Centurylink is a service provider
with an ownership share of the aerial supporting structures.
C, Relocation of these facilities requires trenching within the right-of-way
and the parties recognize the efficiencies of entering into an agreement to dig one
trench in which all utilities will relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
A Contractor (as hereinafter defined) has been retained for the construction
of a joint utility trench ("Trench") which may include Comcast, Centurylink, MCI and
Puget Sound Energy facilities. This Trench will be located along the north side of SE
248rh Street, between 107th Avenue SE and 11Oth Court SE as referenced in the plan
sheet attached as Exhibit A and incorporated by this reference. It is anticipated that
there will be two (2) crossings of the Trench across SE 248th Street to serve
customers on the south side of the street. All utilities that cross SE 248th Street shall
use these trenches.
2. CONTRACTOR REQUTREMENTS
The independent contractor hired to perform this work is referred to as "the
Contractor" in this Agreement. The Contractor, pursuant to a separate contract, will
be responsible for constructing the Trench and installing Comcast, Centurylink, MCI
JOINT TRENCH AGREEMENT- Page 1 of 11
(between City of Kent and CenturyLink Re: SE 24}th Street)
(December 17,201-8)
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and PSE power facilities; accommodating and coordinating the installation of
Centurylink facilities; installing the bedding material, backfilling and compacting the
Trench; and performing any restoration required by the City, The City represents
that any such contract shall further require that the Contractor's work be performed
in a good and workmanlike manner consistent with industry standards and conducted
in conformity with (i) the applicable procedures and requirements of the parties as
described herein; (ii) all applicable laws, ordinances and regulations of any
governmental authority, and; (iii) all applicable terms and provisions of the National
Electric Safety Code, as may be amended, supplemented or replaced from time to
time, including but not limited to those pertaining to protection and separation of
conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. centurylink shall provide engineering drawings,
specifications, construction standards, estimated material quantities, and cost
estimates to the City for the underground relocation of CenturyLink's facilities.
The drawings shall show in detail the location and elevation of the conduits,
trench, and vaults.
3.2 Provision of Conduit and Vaults. Centurylink shall provide conduit for
installation by the Contractor in the Trench and shall furnish and deliver all
vaults to the site for installation by the Contractor. CenturyLink shall schedule
all deliveries in a timely manner as outlined in subsection 3,4, so as not to
delay the Contractor.
3.3 Traffic Control. The Contractor shall perform all traffic control
associated with installation of facilities within the Trench. CenturyLink shall be
responsible for providing traffic control during installation of facilities outside
of the scope of this joint trench agreement.
3.4 CenturyLink Coordination.
(a) The Contractor will install Centurylink's conduit in the Trench and in the
street crossings, The Contractor will excavate for and place Centurylink vaults
in the Trench including bedding and backfill. CenturyLink shall maintain
continued coordination with the Contractor regarding the installation of
Centurylink's facilities and shall coordinate closely with the Contractor to
provide all necessary materials on-site in a timely manner; provided that
Contractor shall provide Centurylink with at least thirty (30) days prior
notification for material delivery by CenturyLink.
(b) For any work that Centurylink performs independently from the
Contractor's work in the Trench, Centurylink shall coordinate closely with the
JOINT TRENCH AGREEMENT- Page 2 of LI
(between City of Kent and CenturyLink Re: SE 24}th Street)
(December 17, 2OI8)
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City and the Contractor to ensure this work will not conflict with the
Contractor's work in the Trench. CenturyLink shall install (except the ducts and
vaults installed by the City) and energize their facilities in the joint utility trench
and associated vaults within 75 business days of notice provided by City's
Contractor..
3.5 Removal of Affected Facilities. Parties acknowledge and agree that
Centurylink shall in no event be required to remove its respective, affected
facilities, prior to completion of its underground facilities, in accordance with
this Agreement, as long as the installation is completed in conformity with this
Agreement.
3.6 Surveys. The City shall provide the survey for the location of the Trench
and vaults.
3.7 Title to Facilities. All rights, title and interest in the facilities and
associated equipment shall at all times remain with Centurylink.
4. COMPENSATION
4.1 Trench cosfs. In lieu of reimbursement for the relocation of the existing
Centurylink aerial facilities subject to RCW 35.99.060, the City will provide the
Trench, trench bedding, and installation of Centurylink provided conduit and
vaults, backfill, restoration, survey, and traffic control at no cost to
Centurylink. Centurylink will provide all necessary conduit and vaults and
install cables, perform splicing and service cutover and remove the existing
aerial facilities at no cost to the City.
4.2 Defective or Unauthorized Work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the
requirements of this Agreement, and extra work and materials furnished
without Centurylink's written approval. If for any reason Centurylink feels it
is necessary to correct defective or unauthorized work it shall notify the City
immediately. The City or its Contractor shall correct the work at the City's
cost.
4.3 Final Payment/Waiver of Claims. The making of final payment by the
parties shall constitute a waiver of claims by the Contractor, except those
previously and properly made and identified by the Contractor as unsettled at
the time request for final payment is made.
4.4 Claims by Contractor. CenturyLink agrees to pay the entire cost of any
reasonable and documented claims made by the Contractor for damages that
are proximately caused by Centurylink. These claims may include delays
JOINT TRENCH AGREEMENT- Page 3 of 11
(between City of Kent and CenturyLink Re: SE 249th Street)
(December L7, 20lB)
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caused by the installation of CenturyLink facilities, delays caused by
Centurylink providing materials, or any other conflicts between the Contractor
and Centurylink or any of its contractors.
5. CHANGES.
Centurylink shall submit any changes requested to be performed by the
Contractor to the City. The City shall submit this to the Contractor, obtain a price
from the Contractor to perform the work, and notify CenturyLink of this price.
Centurylink shall then have 24 hours from the time it receives the price from the
City to respond. If Centurylink chooses not to accept the Contractor's price, then
this work shall only be performed by CenturyLink according to a mutually agreed
upon schedule with the Contractor so as not to cause delay to the Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each Party shall defend, indemnify and hold the other Party, its officers,
officials, employees, contractors, subcontractors, representatives and agents
harmless from any and all claims, injuries, damages, losses or suits including
reasonable legal costs and attorney fees, to the extent they arise from 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. In the event of liability for damages arising out of injury or damages
caused by or resulting from the concurrent negligence of the parties or each of their
respective officers, directors, employees, and agents, each party's liability, including
the duty and cost to defend, hereunder shall be limited only to the extent of its own
negligence.
Solely for the purposes of enforcing the indemnification obligations of a Party
underthis Section 6, each Party expressly waives its immunity underTitle 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 6
extends to any such claim brought against the indemnified Party by or on behalf of
any employee of the indemnifying party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any
claim brought against the indemnifying Party by any of its employees.
The provisions of this section shall survive the expiration or termination of this
Agreement.
No party, directly or indirectly, shall create or impose any lien on the property
of another, or on the rights or title relating thereto, or any interest therein, or in this
JOINT TRENCH AGREEMENT- Page 4 of tI
(between City of Kent and CenturyLink Re: SE 249th Street)
(December L7, 2OtB)
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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.
7. INSURANCE.
7.L The Contractor shall maintain in full force and effect at its own cost
insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the
performance of the work by the contractor, its agents, representative, employees,
sub consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five
million dollars ($5,000,000.00) per occurrence and five million dollars
($5,000,000,00) general aggregate. coverage shall be at least as broad as
that provided by ISO CG 00 01 L/96 or its equivalent and include severability
of interests. Coverage shall include, but not be limited to: blanket contractual,
Products/completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employers liability. Such insurance shall
name the City, its officers, officials and employees as additional insureds per
ISO CG 2026 or its equivalent. There shall be a waiver of subrogation andrights of recovery against the city, its officers, officials and
employees. Coverage shall apply as to claims between insureds on the policy,
if applicable. Coverage may take the form of a primary layer and a secondary
or umbrella layer, but the combination of layers must equal 95,000,000 at a
minimum.
(b) Commercial Automobile Liability insurance with minimum combined
single limits of one million dollars ($1,000,000.00) each occurrence with
respect to each of Contractor's owned, hired and non-owned vehicles assigned
to or used in the operation of this contract in the City. The policy shall contain
a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so as to be
out of compliance with these requirements without thirty (30) days' written
notice first provided to the City, via certified mail, and ten (10) days' notice
for nonpayment of premium. If the insurance is canceled or materially altered
so as to be out of compliance with the requirements of this subsection withinthe term of this contract, Contractor shall provide a replacement
policy. Contractor agrees to maintain continuous uninterrupted insurance
coverage, in at least the amounts required, for the duration of this contract.
7.2 Deductibles / Certificate of Insurance. Any deductible of the policies shall not
in any way limit Contractor's liability to the City.
JOINT TRENCH AGREEMENT- Page 5 of 11
(between City of Kent and CenturyLink Re: SE 24}th Street)
(December 17, ZOLB)
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7.3 Endorsements. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and
agents are to be covered as, and have the rights of, additional insureds with
respect to liability arising out of activities performed by, or on behalf of,
Contractor under this contract;
(b) Contractor's insurance coverage shall be primary insurance with respectto the City, its officers, officials, boards, commissions, employees and
agents. Any insurance or self-insurance maintained by the City, its officers,
officials, boards, commissions, employees and agents shall be in excess of the
Contractor's insurance and shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against
whom a claim is made or lawsuit is brought, except with respect to the limits
of the insurer's liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be placed
with insurers with a Best's rating of no less than "A VII."
7.5 Verification of Coverage. The Contractor shall furnish the City with certificates
of insurance and endorsements or a copy of the page of the policy reflecting blanket
additional insured status. The certificates and endorsements for each insurance
policy are to be signed by a Person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements for each insurance policy are to be on
standard forms or such forms as are consistent with standard industry practices.
8. MISCELLANEOUS.
8,1 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.
8.2 Nonwaiver of Breach. The failure of a party to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any
option herein conferred in one or more instances, shall not be constructed to be a
waiver or relinquishment of those terms and rights and they shall remain in full force
and effect
8.3 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 federal
or state courts located in King County, Washington.
JOINT TRENCH AGREEMENT- Page 6 of 11
(between City of Kent and CenturyLink Re: SE 24}th Street)
(December L7, 2OLB)
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8.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall be responsible for payment of its own legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit; however,
nothing in this subsection shall limit a party's right to indemnification under Section6
of this Agreement.
8.5 Written Notice. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of this Agreement,
unless otherwise notified, Any written notice shall become effective upon delivery,
but in any event three (3) calendar days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the
address stated on this Agreement.
8.6 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of each of the affected parties.
8.7 Severability. If any one or more sections, sub-sections, or sentences of
this Agreement are held to be unconstitutional or invalid, that decision shall not affect
the validity of the remaining portion of this Agreement and the remainder shall
remain in full force and effect.
8.8 Relationship. It is understood and agreed that no agency, employment,joint venture, co-employer or partnership is created by this Agreement. No party
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.
8.9 Force Majeure. A party will not be in breach of this Agreement if unable
to perform its respective obligations 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.
8.10 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
JOINT TRENCH AGREEMENT- Page 7 of 1I
(between City of Kent and CenturyLink Re: SE 249th Street)
(December 17, 20IB)
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any Exhibit to this Agreement conflict with any language contained in this Agreement,
the terms of this Agreement shall prevail.
9. TERM AND TERMINATION.
This Agreement shall commence on the date last signed below and shall
continue until December 3L, 2OL9, unless earlier terminated pursuant to this
Agreement or extended by written agreement of the parties.
In the event that either party defaults in the performance of its obligations
herein, notice shall be given by the other party of its intent to terminate the Agreement
for cause, to be effective thifty (30) days thereafter, unless that cause is cured within
thirty (30) days after such notice.
JOINT TRENCH AGREEMENT- Page B of 11
(between City of Kent and CenturyLink Re: SE 24?th Street)
(December 77, 2OLB)
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rN wrrNEss WHEREOF, the parties below have executed this
Agreement
DA
CENTURYLIN K
Print Name:
Title
NOTICES TO BE SENT TO:
CENTURYLINK
Centrrrvl ink
23315 66th Avrr
Kent- WA gRO??
Attn: Alpx Harh
QO6) 345-4476 fDesk)
(253) 831-0395 lCell)
With a copy to:
CenturyLink
233L5 66th Ave. S.
Kent, WA 98032
Attention: Alex Harb
JOINT TRENCH AGREEMENT- Page 9 of 11
(between City of Kent and CenturyLink Re: SE 24}th Street)
CITY OF KENT
Print Name
Title:
NOTICES TO BE SENT TO:
CITY OF KENT
Citv of Kent
22O Fourfh Ave ue South
Kent- WA 9BO3
Attn: Chad Bie n
(253) 856-553a (Desk)
APPROVED AS TO FORM:
Kent Law Department
(December L7, 2078)
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City of Kent
Public Works Department
Engineering DivisionKENT
H
MoRR|LL M EADoWS/EAST H|LL PARK& YMCA
JOINT TRENCH EXHIBIT A
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SE 248,th Street f mprovements
JOINT UTILTIY TRENCH
rnstallation of risers, pedestals, and power cabinets is excluded.
conduit elbow will be installed at the base of the riser if provided.
Supply of vaults and conduit is excluded,
13 20181
DESCRIPTION QTY UNITI UNIT
PRICE
TOTAL
AMOUNT
PSE SHARE OF COSTS
PSE - 2" Conduit Installation & Proofing
PSE - 3" Conduit Installation & Proofing
PSE - 4" Conduit Installation & Proofing
PSE - 6" Conduit Installation & Proofing
PSE - Vault Excavation & Installation 3642
PSE - Vault Excavation & Installation 575
PSE - Vault Excavation & Installation Switch
PSE - Handhole Installation
Trench Costs---2 5o/o of $253,2O9.29
SUBTOTAL
SALES TAX LOo/o
Const/en g r/¡ nspection t5o/o
GRAND TOTAL
COMCAST SHARE OF COSTS
Comcast - 4" Conduit Installation & Proofing
Comcast - Vault Excavation & Install (253-LA)
rench Costs---2 5o/o of $253,2O9.29
SUBTOTAL
SALES TAX I0o/o
Const/eng r/¡ nspect¡on L5o/o
GRAND TOTAL
CENTURYLINK SHARE OF COSTS
Century Link - 4" Conduit Installation & Proofing
Century Link Vault Excavatíon and Install 264'f A
Century Link Vault Excavation and Install 4484
ch Costs---25o/o of $253,209.29
SUBTOTAL
SALES TAX l0o/o
Const/en g r/¡ nspect¡on Lïo/o
775
360
2,40O
1,955
3
3
1
1
3,195
2
4.18
4.97
5.75
7.06
2,039.69
2,979.62
7,3L8.37
627.55
5.75
2,927.35
5.75
2,927.35
3,868.29
LF
LF
LF
LF
EA
EA
EA
EA
ç3,240.99
$L,787.77
$13,800.35
$L3,796.43
$6,116.07
$8,938.86
ç7,3L8.37
$627.ss
ç63,302.32
çLLg,928.72
*LL,892.87
$17,839.31
$148,66O.9O
$L8,37L.72
$5,854.70
ç63,302.32
$87,528.74
$8,752.87
$13,129.3 1
$1O9,41O.92
$6,325.16
$8,782.O4
$3,868.28
ç63,302.32
582,277.8L
$8,227.78
9L2,34L.67
LF
EA
LF
EA
EA
1,100
3
1
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GRAND TOTAL
MCI IVERIZON SHARE OF COSTS
Verizon - 4" Conduit Installation & Proofing
Verizon - Vault Excavation & Installation 444-LA
rench Costs---2 5o/o of $253,209.29
SUBTOTAL
SALES TAX t0o/o
Const/e ngr/ inspect¡o n L5o/o
GRAND TOTAL
TOTAL FOR ALL UTILITIES
Trenching Costs
Ea rthworker Mobil ization
Traffic Control Labor
raffic Control Supervisor
c Control Devices
oint Trench 2' Wide (Depth Varies)
Joint Trench 3' Wide (Depth Varies)
Joint Trench 4' Wide (Depth Varies)
Sand for Trench Bedding
Gravel Borrow for Trench Backfill
Shoring or Extra Excavation Class B
Total
ABBOTT QUOTE
TOTAL WITHOUT WSST
LOo/o SALES TAX
TOTAL WITH WSST
ADD CONST/ ENGR/INSPECTION Lïolo
TOTAL JUT COST
1,000
2
LF
EA
5.75
2,613.70
32,470.56
58.55
67.96
7,360.L9
L67.28
224.78
104.55
11.50
29.27
1.59
çLO2ß47.26
$5,750.15
95,227.41
ç63,302.32
$74,279.88
$7,427.99
$ 1 1, 14 1.98
$92,849.85
$453,768.93
ç32,47O.56
$20,608.53
$5,980.15
$7,360.19
$6,691.08
$L5,734.49
$t02,457.L6
$12,535.32
$39,519.19
ç9,852.62
ç253,2O9.29
$363,015.14
$36,301.51
$399,316.65
ç54,452.27
$453,768.93
1
352
88
1
40
70
980
1,090
1,350
6,2O0
LS
HR
HR
LS
LF
LF
LF
LF
TON
SF
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JOINT TRENCH AGREEMENT
Between the City of Kent and Comcast
for the SE 248th Street Project
(107th Avenue SE to 107th Court SE)
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation ("City"), and Comcast Cable Communications Management, LLC a Washington
corporation ("Comcast"). This Agreement may refer to Comcast or to City as a "Party" or together,
as the "Parties" to this Agreement.
RECITALS
WHEREAS, the city is making right-oÊway improvements to sE 248th sfeet, and
WHEREAS, it is the City's belief that, pursuant to local ordinance and the franchise
agreement between the City and Comcast dated lrday 4, 1993, and the Franchise Clarification
Agreement dated May 5, 2004, that these right-of-way improvements require Comcast to relocate
its underground facilities that are currently in conflict with this project, 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.
NOV/ 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
To facilitate construction of a joint trench, the Parties agree as follows:
1. SCOPE OF WORK
A Contractor (as hereinafter defined) has been retained for the construction of a joint utility
trench (the "Trench") which shall include Comcast, CenturyLink, and Puget Sound Energypower
facilities. This Trench will be placed along the north side of SE 248th Sffeet beginning at l07th
Avenue SE and ending at 110th Court SE as referenced in the plan sheet attached as Exhibit A.
There will be approximately two (2) trench crossings of SE 248th Street to serve customers on the
south side of the street. All utilities that cross SE 248th Street shall use these trenches.
2. TERM AND TERMINATION.
JOINTTRENCHAGREEMENT-Page I of I
þetween City of Kent and Comcqst Re: SE 248th Street)
( December 19,2018)
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This Agreement shall commence on the date last signed below (the "Effective Date"), and
shall continue until December 3I,2019, unless earlier terminated pursuant to this Agreement.
In the event that either Party defaults in the performance of its obligations herein, notice
shall be given by the non-defaulting Party of its intent to terminate the Agreement for cause, to be
effective thirty (30) days thereafter, unless that cause is cured within thirty (30) days after the
defaulting Party receives such notice.
3. CONTRACTOR REQUIREMENTS
The independent contractor hired to perform this work is referred to as "Conttactot" in this
Agreement. Contractor, pursuant to a separate contract, shall excavate the Trench, install Comcast,
Centurylink and PSE power facilities, accommodate and coordinate the installation of Comcast
facilities, install the bedding material, backfill and compact the Trench, and perform any
restoration required by the City, all to be performed in a good and workmanlike manner consistent
with industry standards. The City represents that any such contract shall further require of
contractor that the work be conducted in conformity with (i) the applicable procedures and
requirements of the Parties as described herein; (ii) all applicable laws, ordinances and regulations
of any governmental authority, and; (iii) all applicable terms and provisions of the National
Electric Safety Code, as may be amended, supplemented or replaced from time to time, including
but not limited to those pertaining to protection and separation of conductors buried in earth.
4. RESPONSIBILITY OF THE PARTIES
A. Drawings. Comcast shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for the
underground relocation of Comcast's facilities. The drawings shall show in detail the location and
elevation of the conduits, Trench, and vaults, and shall include a general traffic control plan for
activities not associated with installation of facilities within the Contractor controlled open trench
area.
B. Installation Comcast shall furnish and install its conduit in the Trench and shall
furnish and deliver to the site all vaults to be provided by Comcast for installation by the City in a
timely manner as outlined in subsection 4.D. Comcast shall schedule all deliveries and work so
as not to delay Contractor. All rights, title and interest in the facilities and associated equipment
shall at all times remain with Comcast. The 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.
JOINT TRENCH AGREEMENT- Page 2 of 8
þetween City of Kent and Comcast Re: SE 248th Street)
( December 19,2018)
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C. Trffic Control. Contractor shall perform all traffic control associated with
installation of facilities within the Contractor controlled open trench area. Comcast shall be
responsible for providing traffic control during installation of facilities not associated with the
controlled open trench area.
D. Comcast Coordination. Comcast shall maintain continued coordination with
Contractor regarding the installation of Comcast's facilities. This coordination shall include but
not be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Time and duration of work including project schedule by Comcast to install
facilities in the Trench. Once Contractor has given one week notice to Comcast of when the
trenching work will begin, Comcast shall abide by the following schedule:
a. Comcast shall have necessary manpower and equipment on site and shall
have a three (3) hour window per day within which to complete installation of conduits when the
Trench is provided and plumb them into the vaults. Contractor will install Comcast's conduit in
the street crossings.
b. Contractor shall provide Comcast daily notification and provide atleast 12
hours notice as to the exact timing of when Comcast's three (3) hour installation window will start.
c. Contractor will excavate for and place Comcast vaults in the Trench
including bedding and backfill.
d. Comcast shall coordinate closely with Contractor to provide all necessary
materials in a timely manner.
3. Location of where Comcast's contractor will begin the work.
4. Coordination with other utility companies included in the Trench for the
placement of conduit and vaults solely with respect to the placement of its facilities. This may
include the stacking of conduits with another utility, and locating conduits below or around other
vaults.
E. Surveys. The City will provide the survey for the location of the Trench and vaults.
JOINT TRENCH AGREEMENT- Page 3 of 8
þetween City of Kent and Comcast Re: SE 248th Street)
( December 19,2018)
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5. COMPENSATION
A. Trench costs. Comcast agrees to pay the City a portion of the Trench costs,
including trench bedding and backfill, commensurate with its proportionate share of Trench usage
as shown in Exhibit B attached hereto and incorporated by this reference. Preliminary costs will
be agreed upon prior to construction based on an estimate from the quote accepted by the City.
Costs will be finalized after completion of construction to account for actual construction costs
and will be subject to final review and approval by Comcast.
B. Street Crossings. Comcast agrees to pay for the installation costs for Contractor to
install Comcast's conduits in the street crossings. These costs are in addition to the Trench costs
outlined in subsection 4. A herein.
C. Survey. Comcast agrees to pay its proportionate share of the reasonable costs for
the City surveyor's time to provide vault locations and elevations and any other survey thatmay
be required to locate and place Comcast facilities.
D. Trffic Control. Comcast agrees to pay the City a proportionate share of traffic
control costs related to the Contractor controlled open trench areas where Comcast facilities are
present. The proportionate share shall be based on Trench usage as shown in Exhibit B. Comcast
shall be responsible to provide all traffic control during installation of Comcast facilities not
associated with the controlled open trench area.
E. Additional Expenses. Comcast agrees to pay its proportionate share of additional
expenses incurred due to Comcast's approved change requests requiring additional trench depth
or width and for unforeseen conditions that are attributable to errors in Comcast's design or
conflicts not accounted for in Comcast's design, including but not limited to dewatering for ground
water. Comcast will not pay for any share of additional expenses incurred due solely to approved
change requests from PSE, Centurylink and/or the City.
F. Claims by Contractor. Comcast agrees to pay the entire cost of any claims made
by Contractor that are caused by Comcast. These claims may include delays caused by Comcast
installing its facilities, delays caused by Comcast providing materials, or any other conflicts
between Contractor and Comcast or Comcast's contractor.
G. Vaults. Comcast agrees to pay for the excavation, site preparation, and installation
for its vaults, including bedding and backfill, separately and in addition to any survey costs and
Trench costs discussed above. These additional costs shall be preliminarily determined from the
bid price accepted by the City. The cost to excavate for and install Comcast's vaults will be
ftnalized after completion of construction to account for actual construction costs and will be
subject to final review and approval by Comcast.
JOINT TRENCH AGREEMENT-Page 4 of 8
þetween City of Kent and Comcqst Re: SE 248th Street)
( December 19,2018)
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H. Invoice. Upon completion of the Trench, Comcast agrees to pay the City within
sixty (60) days of receiving a correct invoice from the City for amounts that Contractor has
invoiced the City for work that has been completed by Contractor and approved by Comcast and
which Comcast has agreed to pay under this Agreement.
I. Defective or Work Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this
Agreement, and extra work and materials furnished without Comcast's written approval.
If for any reason Comcast feels it is necessary to correct defective or unauthorized work it
shall notify the City immediately. The City or the Contractor shall correct the work at the
City's cost.
J. Final Payment/Waiver of Claims. The making of f,rnal payment by the Parties shall
constitute a waiver of claims by Contractor, except those previously and properly made and
identified by Contractor as unsettled at the time request for final payment is made.
6. CHANGES
Comcast shall submit any changes requested to be performed by Contractor to the City.
The City shall submit this to Contractor, obtain a price from Contractor to perform the work, and
notify Comcast of this price. Comcast shall have 24 hours from receiving the price from the City
to respond. If Comcast chooses not to accept Contractor's price then this work shall only be
performed by Comcast according to a mutually agreed upon schedule with Contractor so as not to
cause delay to Contractor.
7. MUTUAL INDEMNIFICATION; LIENS AND ENCUMBRANCES.
City shall defend, indemnify and hold Comcast and its directors, officers, officials,
employees and agents harmless from and against any and all claims, injuries, damages, losses,
harm, liabilities, suits, costs and expenses (including, but not limited to, reasonable legal costs and
reasonable attorney fees), caused by or arising out of any Work performed by the City, Contractor
and each of their respective directors, officers, officials, employees and agents in their performance
under this Agreement, except for injuries and damages caused by the negligence or willful
misconduct of Comcast. During the performance of such activities, City's employees or
contractors shall at all times remain employees or contractors, respectively, of City.
Comcast shall defend, indemnify and hold City harmless from and against any and all
claims, injuries, damages, losses, harm, liabilities, suits, costs and expenses (including, but not
limited to, reasonable attorney fees), caused by or arising out of any Work performed by Comcast
in its performance under this Agreement, except for injuries and damages caused by the negligence
or willful misconduct of City or Contractor. During the performance of such activities, Comcast's
JOINT TRENCH AGREEMENT- Page 5 of 8
þetween City of Kent and Comcast Re: SE 248th Street)
( December 19,2018)
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employees or contractors shall at all times remain employees or contractors, respectively, of
Comcast.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Parties, their
officials, employees and agents, a Party's liability hereunder shall be only to the extent of the
Party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No Party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each Party
shall promptly, at its own expense, take such action as may be necessary to duly discharge any lien
created by it on the property of another.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY SHALL BE
LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY
LOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFIT.
8. INSURANCE.
The contract shall require that 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 Contractor, its agents, representative, employees, subconsultants or subcontractors.
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occuffence basis with
limits no less than $1,000,000 combined single limitper occuffence and general
aggregate for personal injury, bodily injury and property damage. Coverage
shall include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU); and employer's liability.
3. Excess Liability insurance with limits not less than $1,000,000 per occurrence
and aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of
Contractor. The Parties, their officials, employees, 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
JOINT TRENCH AGREEMENT- Page 6 of 8
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to the Certificate of Insurance, copies of which shall be provided to the Parties prior to
commencement of construction by 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.
9. FRANCHISE AGREEMENT
The City and Comcast agree that as to future projects, by entering into this Agreement,
neither Party has waived any rights it may have under the existing franchise agreement between
the City and Comcast, and the City and Comcast expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, Comcast's participation in the joint
trench activity contemplated in this Agreement, and its very participation in this Agreement, shall
in no event be construed as acceptance, affirmation or ratification of the City's construction of
Comcast's obligation to underground and enter into a writing pursuant to the franchise agreement,
and Parties understand and agree that the terms and conditions of this Agreement shall not be
considered as a basis for future undergrounding projects that may be franchise-required.
10. MISCELLANEOUS
A. Compliance with Laws. The Parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Agreement.
B. Nonwaiver of Breach. The failure of a Party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights
and they shall remain in full force and effect
C. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of V/ashington. If any dispute arises between the Parties or between any
Party and Contractor under any of the provisions of this Agreement, resolution of that dispute shall
be available only through the jurisdiction, venue and rules of the King County Superior Court,
King County, Washington.
D. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim
or lawsuit for damages arising from the Parties' performance of this Agreement, each Party shall
be responsible for payment of its own legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit; however, nothing in this subsection shall limit a Party's right to
indemnification under Section 8 of this Agreement.
E. Written Notice. All communications regarding this Agreement shall be sent to the
Parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
JOINT TRENCH AGREEMENT- Page 7 of 8
þetvveen City of Kent and Comcqst Re: SE 248th Street)
( December 19,2018)
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after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
F. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
of each of the affected Parties.
G. Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No Party hereto shall (i) have
the power or authority to act for another in any marìner to create obligations or debts which would
be binding upon the other Party, and; (ii) be responsible for any obligation or expense whatsoever
of the other Party except as expressly set forth herein.
L Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occuffence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the govemment
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. Assignmenr. Neither Party shall assign this Agreement or any of its rights or
obligations hereunder without the prior written consent of the other, which consent will not be
unreasonably withheld or delayed. Notwithstanding the foregoing, either may assign all or part of
this Agreement immediately, without the prior written consent of the other Party (a) to any entity
that controls, is controlled by, or is in common control with a Party or (b) to any successor in
interest to a Party or (c) if necessary to satisfy the rules, regulations and/or orders of any federal,
state or local governmental agency or body.
K. 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.
ATTACHMENTS
ExhibitA-PlanSheet
Exhibit B - Joint Trench Costs
JOINT TRENCH AGREEMENT-Page 8 of 8
þetween City of Kent and Comcøst Re: SE 248th Street)
( December 19,2018)
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IN WITNESS WHEREOF, the Parties below have executed this Agreement.
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC
Print Name: Ken Rhoades
Title: Area Vice
NOTICES TO BE SENT TO:
COMCAST
Comcast
402Yallev Avenue NV/. Suite l0l
Puvalluo. WA 98 7l
Attn: Jerrv Steele
(2s3\(Desk)
(2s3\(Cell)
Q5T Gax)
With a copy to:
Comcast Cable Communications
Management, LLC
1500 Market Street
Philadelphia, PA 19102
Attention: General Counsel
CITY OF KENT
Print Name:_
Title:
D.{TE
NOTICES TO BE SENT TO:
CITY OF KENT
City of Kent
220Fourth Avenue South
Krcnt, V/A 98032
Attn: Chad Bieren
(253) 856-5534 Oesk)
(253) 8s6-6500 (Fax)
APPROVED AS TO FORM:
Kent Law Department
P:\Public\PROJECTS\ In Design\17-3018 YMCA\3O Utilities\31.1 ComcastUointT¡enchAgr€ement-Comcast-248th.docx
JOINT TRENCH AGREEMENT- Page 9 of 8
þetween City of Kent and Comcøst Re: SE 248ù Street)
( December 19, 2018)
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r -r _ r JOINT UTILITY
TRENCH LOCATION
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SE 248th Street Improvements
JOINT UTILTIY TRENCH
Installation of risers, pedestals, and power cabinets is excluded.
Conduit elbow will be installed at the base of the riser if provided.
Supply of vaults and conduit is excluded.
121 L3 | 2OtA
DESCRIPTION QTY UNITI UNIT
PRICE
TOTAL
AMOUNT
PSE SHARE OF COSTS
PSE - 2" Conduit Installation & Proofing
PSE - 3" Conduit Installation & Proofing
PSE - 4" Conduit Installation & Proofing
PSE - 6" Conduit Installation & Proofing
PSE - Vault Excavation & Installation 3642
PSE - Vault Excavation & Installation 575
PSE - Vault Excavation & Installation Switch
PSE - Handhole Installation
rench Costs---2 5o/o of $253,2O9.29
SUBTOTAL
SALES TAX tjo/o
Const/e ngr/,nspect¡o n 1 5 o/o
GRAND TOTAL
COMCAST SHARE OF COSTS
Comcast - 4" Conduit Installation & Proofing
Comcast - Vault Excavation & Install (253-LA)
Trench Costs---25o/o of $253,2O9.29
SUBTOTAL
SALES TAX L}o/o
Const/eng r/¡nspect¡on t5o/o
GRAND TOTAL
CENTURYLINK SHARE OF COSTS
Century Link - 4" Conduít Installation & Proofing
Century Link Vault Excavation and Install 264TA
Century Link Vault Excavation and Install 4484
rench Costs---2 5o/o of $253,2O9.29
SUBTOTAL
SALES TAX tÙo/o
Const/en g r/¡ nspect¡on t5o/o
775
360
2,4O0
1,955
3
3
1
1
3,195
2
4,18
4.97
5.75
7.06
2,038.69
2,979.62
7,3I8.37
627.55
5.75
2,927.35
5.75
2,927.35
3,868.28
LF
LF
LF
LF
EA
EA
EA
EA
$3,240.99
$L,787.77
$13,800.35
5L3,796.43
$6,116.07
$8,938.86
$7,3L8.37
ç627.ss
$63,302.32
çLL8,928.72
$ 11,892.87
$17,839.31
$148,660.9O
$L8,37L.72
$5,854.70
$63,302,32
$87,528.74
$8,752.87
$13,129.31
$1O9,41O.92
$6,325.16
$8,782.O4
$3,868.28
$63,302.32
$82,277.8L
#8,227.78
çt2,34L.67
LF
EA
LF
EA
EA
100
3
1
1
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GRAND TOTAL
MCI IVERIi¿ON SHARE OF COSTS
Verizon - 4" Conduit Installation & Proofing
erizon - Vault Excavation & Installation 444-LA
nch Costs---25o/o of $253,2O9.29
SUBTOTAL
SALES TAX L0o/o
Const/e ngr/inspect¡o n t5o/o
GRAND TOTAL
TOTAL FOR ALL UTILITIES
Trenching Costs
Earthworker Mobilization
Traffic Control Labor
Traffic Control Supervisor
ffic Control Devices
Joint Trench 2' Wide (Depth Varies)
oint Trench 3' Wide (Depth Varies)
Joint Trench 4' Wide (Depth Varies)
Sand for Trench Bedding
Gravel Borrow for Trench Backfill
Shoring or Extra Excavation Class B
Total
ABBOTT QUOTE
TOTAL WITHOUT WSST
LÙolo SALES TAX
TOTAL WITH WSST
ADD CONST/ ENGR/INSPECTION Lío/o
TOTAL JUT COST
1,000
2
LF
EA
5.75
2,6L3.7O
32,470.56
58.55
67.96
7,360.L9
L67.28
224.78
104.55
11.50
29.27
1.59
$LO2ß47.26
$5,750.15
ç5,227.4L
$63,302.32
ç74,279.88
$7,427.99
$11,141.98
$92,849.85
$453,768.93
$32,47O.56
$20,608.53
$5,980.15
$7,360.19
$6,691.08
$L5,734.49
çto2,457.16
$12,535.32
$39,519.19
$9,852.62
#253t2O9.29
$363,015.14
$36,301.51
$399,316.65
$54,452.27
$453,768.93
1
352
88
L
40
70
980
1,090
1,350
6,2OO
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HR
HR
LS
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LF
LF
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JOINT TRENCH AGREEMENT
Between the City of Kent and MCI
for the SE 248th Street Project
(107th Avenue SE to 110th Court SE)
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation ("City''), and MCI Communications Services, Inc., a Delaware corporation ("MCI").
RECITALS
WHEREAS, the city is making right-of-way improvements to sE 248th Sfteet, and
WHEREAS, it is the City's belief that under State law, these right-of-way improvements
require MCI to relocate their facilities that are currently in conflict with this project, and
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows
1. SCOPE OF WORK
A Contractor (as hereinafter defined) has been retained for the construction of a joint
utility trench which shall include MCI, Comcast, Century Link and Puget Sound Energy power
facilities. This joint utility trench (Trench) will be placed along the north side of SE 248th Sfteet
between l07th Ave. SE and 11Oth Court SE as referenced in the plan sheet attached as Exhibit A.
There will be approximately two (2) trench crossings of SE 248th Street to serve customers on
the south side of the street. All utilities that cross SE 248th Street will use these trenches.
2. CONTRACTOR REQUTREMENTS
The independent contractor hired to perform this work is referred to as "Contractor" in
this Agreement. Contractor, pursuant to a separate contract shall excavate the trench and install
MCI, Comcast, Century Link and PSE power facilities, accommodate and coordinate the
installation of MCI facilities, install the bedding material, backfill and compact the trench, and
perform any restoration required by the City, all to be performed in a good and workmanlike
manner consistent with industry standards. The City represents that any such contract shall
further require of Contractor that the work be conducted in conformity with (i) the applicable
procedures and requirements of the parties as described herein; (ii) all applicable laws,
JOINT TRENCH AGREEMENT- Page 1 of I I
þetween City of Kent and MCI Re: SE 248th Steet)
(December 26,2018)
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ordinances and regulations of any govemmental authority, and; (iii) all applicable terms and
provisions of the National Electric Safety Code, as may be amended, supplemented or replaced
from time to time, including but not limited to those pertaining to protection and separation of
conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. MCI shall provide engineering drawings, specifications, construction
standards, estimated material quantities, and cost estimates to the City for the underground
relocation of MCI's facilities. The drawings shall show in detail the location and elevation of the
conduits, trench, and vaults, and shall include a general trafftc control plan for activities not
associated with installation of facilities within Contractor controlled open trench area.
B. Instøllation MCI shall furnish their conduit for installation by Contractor in the
trench and shall furnish, and deliver to the site all vaults for installation by Contractor in a timely
manner as outlined in subsection 3.D. MCI shall schedule all deliveries and work so as not to
delay Contractor. All rights, title and interest in the facilities and associated equipment shall at
all times remain with MCI. Parties hereto acknowledge and agree that MCI shall in no event be
required to remove their respective, affected facilities, prior to completion of their underground
facilities, in accordance with this Agreement, so long as said installation is completed in
conformity with this Agreement.
C. Trffic Control. Contractor shall perform all traffic control associated with
installation of facilities within Contractor controlled open trench area. MCI shall be responsible
for providing traffic control during installation of facilities not associated with or in the
controlled open trench area.
D. MCI Coordination. Contractor will install MCI's conduit in the street crossings.
Contractor will excavate for and place MCI vaults in the trench including bedding and backfill.
MCI shall maintain continued coordination with Contractor regarding the installation of MCI's
facilities. This coordination shall include but not be limited to the following:
(1) Timing of when and where materials will be delivered on-site.
(2) Contractor shall provide MCI daily scheduling notifications
(3) MCI shall coordinate closely with Contractor to provide all necessary
materials in a timely manner.
E. Surveys. The City will provide the survey for the location of the trench and
vaults.
JOINT TRENCH AGREEMENT- Page 2 of ll
þetween City of Kent and MCI Re: SE 248th Street)
(December 26,2018)
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F. Election Not to Proceed. If MCI elects not to proceed with joining in the trench provided
by the contractor, MCI shall obtain a permit from the City and remain liable for completing all
work in accordance with the email sent to MCI dated September 25,2018.
4. COMPENSATION
A. Trench costs. MCI agrees to pay the City a portion of the trench costs, including
trench bedding and backfill, commensurate with their proportionate share of trench usage as
shown in Exhibit B attached hereto and incorporated by this reference. Preliminary costs will be
agreed upon prior to construction based on an estimate from the quote accepted by the City.
Costs will be ftnalized after completion of construction to account for actual construction costs.
B. Street Crossings. MCI agrees to pay for the installation costs for Contractor to
install MCI's conduits in the street crossings. These costs are in addition to the trench costs
outlined in subsection 4. A herein.
C. Survey. MCI agrees to pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate and
place MCI facilities.
D. Trffic Control. MCI agrees to pay the City a proportionate share of traffic
control costs related to the contractor controlled open trench areas where MCI facilities are
present. The proportionate share shall be based on trench usage as shown in Exhibit A. MCI
shall be responsible to pay for all traffic control during the installation of MCI facilities not
associated with the controlled open trench area.
E. Additional Expenses. MCI agrees to pay their proportionate share of additional
expenses incurred due to all MCI's approved change requests requiring additional trench depth
or width and for unforeseen conditions, including but not limited to dewatering for ground water
and delays caused by MCI providing materials. MCI will not pay for any share of additional
expenses incurred due solely to approved change requests from other private utilities and/or the
City.
F. Vaults. MCI agrees to pay for the excavation, site preparation, and installation for
their vaults, including bedding and backfill, separately and in addition to any survey costs and
trench costs discussed above. These additional costs shall be preliminarily determined from the
bid price accepted by the City. The cost to excavate for and install MCI's vaults will be finalized
after completion of construction to account for actual construction costs.
G. Invoice. MCI agrees to pay the City within sixty (60) days of being invoiced by
the City for amounts that Contractor has invoiced the City, and which MCI has agreed to pay
under this Agreement.
JOINT TRENCH AGREEMENT Page 3 of I I
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H. Defective or Unauthorízed Work MCI reserves the right to withhold payment
from the City for any defective or unauthorized work performed by Contractor. Defective or
unauthorized work includes, without limitation: work and materials that do not conform to the
requirements of this Agreement, and extra work and materials fumished without MCI's approval.
If for any reason it is necessary to satisfactorily complete any portion of the work, MCI may
complete the work using its own means.
I. Final Payment/Il/aiver of Clqíms. The making of f,rnal payment by the parties
shall constitute a waiver of claims by Contractor, except those previously and properly made and
identified by Contractor as unsettled at the time request for final payment is made.
5. CHANGES.
MCI shall submit any changes requested to be performed by Contractor to the City. The
City shall submit this to Contractor; obtain a price from Contractor to perform the work, and
notify MCI of this price. MCI shall then have five (5) business days from the time it receives the
price from the City, within which to respond. If MCI chooses not to accept Contractor's price
then this work shall only be performed by MCI according to a mutually agreed upon schedule
with Contractor so as not to cause delay to Contractor.
6. MUTUAL INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party's work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCV/ 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
shall promptly, at its own expense, take such action as may be necessary to duly discharge, by
payment or bonding, any lien created by it on the property of another.
7. INSURANCE.
JOINT TRENCH AGREEMENT- Page 4 of l1
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Contractor shall maintain in full force and effect at its own cost 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 Contractor, its
agents, representative, employees, sub consultants or subcontractors:
A. Commercial General Liability insurance with limits of no less than five million dollars
($5,000,000.00) per occurrence and five million dollars ($5,000,000.00) general
aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 0l l/96 or
its equivalent and include severability of interests. Coverage shall include, but not be
limited to: blanket contractual, Products/Completed operations/broad form property
damage; explosion, collapse and underground (XCU); and employers liability. Such
insurance shall name the City, its officers, officials and employees as additional insureds
per ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and rights of
recovery against the City, its officers, officials and employees. Coverage shall apply as
to claims between insureds on the policy, if applicable. Coverage may take the form of a
primary layer and a secondary or umbrella layer, but the combination of layers must
equal $5,000,000 at a minimum.
B. Commercial Automobile Liability insurance with minimum combined single limits of
one million dollars ($1,000,000.00) each occurrence with respect to each of Contractor's
owned, hired and non-owned vehicles assigned to or used in the operation of this contract
in the City. The policy shall contain a severability of interests provision.
C. The insurance shall not be canceled or materially changed so as to be out of compliance
with these requirements without thirty (30) days' written notice first provided to the City,
via certified mail, and ten (10) days'notice for nonpayment of premium. If the insurance
is canceled or materially altered so as to be out of compliance with the requirements of
this subsection within the term of this contract, Contractor shall provide a replacement
policy. Contractor agrees to maintain continuous unintemrpted insurance coverage, in at
least the amounts required, for the duration of this contract.
Deductibles / Certificate of Insurance
Any deductible of the policies shall not in any way limit Contractor's liability to the City
A. Endorsements
(l) All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and
agents are to be covered as, and have the rights of, additional insureds
with respect to liability arising out of activities performed by, or on
behalf of, Contractor under this contract;
JOINT TRENCH AGREEMENT- Page 5 of 1l
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(b) Contractor's insurance coverage shall be primary insurance with respect
to the City, its off,rcers, officials, boards, commissions, employees and
agents. Any insurance or self-insurance maintained by the City, its
officers, off,rcials, boards, commissions, employees and agents shall be
in excess of the Contractor's insurance and shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against
whom a claim is made or lawsuit is brought, except with respect to the
limits of the insurer's liability.
B. Acceptability of Insurers. The insurance obtained by Contractor shall be placed with
insurers with a Best's rating of no less than "A VII."
C. Verification of Coveraee. Contractor shall furnish the City with certificates of insurance
and endorsements or a copy of the page of the policy reflecting blanket additional insured
status. The certificates and endorsements for each insurance policy are to be signed by a
Person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on standard forms or such forms as are
consistent with standard industry practices.
8. FRANCHISE AGREEMENT
The City and MCI agree that as to future projects, by entering into this Agreement neither
party has waived any rights it may have under the existing franchise agreement between the City
and MCI, and the City and MCI expressly herein reserve such rights. Notwithstanding anything
in this Agreement to the contrary, MCI's participation in the joint trench activity contemplated in
this Agreement, and its very participation in this Agreement, shall in no event be construed as
acceptance, affirmation or ratification of the City's construction of MCI's obligation to
underground their facilities and enter into a writing pursuant to the franchise agreement, and
parties understand and agree that the terms and conditions of this Agreement shall not be
considered as a basis for future undergrounding projects that may be franchise-required.
9. MISCELLANEOUS.
A. Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Agreement.
B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
JOINT TRENCH AGREEMENT- Page 6 of 11
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more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
C. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of V/ashington. If any dispute arises between the parties or between
any parly and the contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
D. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right
to indemnification under Section 8 of this Agreement.
E. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, or the next day if sent by overnight
courier, and shall be deemed sufficiently given if sent to the addressee at the address stated on
this Agreement.
F. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
of each of the affected parties.
G. Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever
ofanother.
I. Force Møjeure. 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 occuffence of an event
of 'oforce 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.
JOINT TRENCH AGREEMENT- Page 7 of 11
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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
Cit¡ and those statements shall not be construed as formin g 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 8 of 11
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IN \ryITNESS WHEREOF, the parties below have executed this Agreement.
MCI COMMUNICATIONS SERVICES,INC. CITY OF KENT
Print Name: Marty Hersh Print Name:
Title: Associate Director
Network Engineering and Operations
DATE
NOTICES TO BE SENT TO:
MCI
MCI Communications Services, Inc.
6929 N.Ave.
Tulsa. OK74ll7
Attn Steve Sfirll
Title
DATE
NOTICES TO BE SENT TO:
CITY OF KENT
Citv of Kent
220 Fourth Avenue South
Kent. WA 98032
Attn: Chad Bieren
(253) 856-5534 (Desk)(918) 590-5916 (Desk)
Olù s04-9547 (Cell)Q53\ 856-6500 ßax)
With a copy to:APPROVED AS TO FORM:
MCI Communications Services, Inc.
1 131 1 NE 120th Street
Kirkland, WA 98034
Attention: Scott Christenson Kent Law Department
PlPublic\PROJECTS\_fnDesign\17-30l8YMCA\30 Utilities\3l.3Ve¡izonWireless(MCI)Werizon(MCI)JointTrenchAg¡eement248th9-28-18.doc
JOINT TRENCH AGREEMENT- Page 9 of 1 I
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f-/\
MORRILL MEADOWS/EAST HILL PARK
CITY OF KENT
PARCEL NO. 783080-041 O
YMCA
PARCEL NO. 2O22O5_}1B
- -sE 24 8TH
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SE 248th Street Improvements
JOINT UTILTIY TRENCH
Installation of risers, pedestals, and power cabinets is excluded.
Conduit elbow will be installed at the base of the riser if provided.
Supply of vaults and conduit is excluded.
r2l Lsl2OLA
DESCRIPTION QTY UNITI UNIT
PRICE
TOTAL
AMOUNT
PSE SHARE OF COSTS
PSE - 2" Conduit Installation & Proofing
PSE - 3" Conduit Installation & Proofing
PSE - 4" Conduit Installation & Proofing
PSE - 6" Conduit Installation & Proofing
PSE - Vault Excavation & Installation 3642
PSE - Vault Excavation & Installation 575
PSE - Vault Excavation & Installation Switch
PSE - Handhole Installation
nch Costs---25o/o of $253,2O9.29
SUBTOTAL
SALES TAX LOo/o
Const/eng r/¡ nspect¡on t5o/o
GRAND TOTAL
COMCAST SHARE OF COSTS
Comcast - 4" Conduit Installation & Proofing
Comcast - Vault Excavation & Install (253-LA)
rench Costs---2 5o/o of $253,209.29
SUBTOTAL
SALES TAX l0o/o
Const/eng r/¡nspect¡on L5o/o
GRAND TOTAL
CENTURYLINK SHARE OF COSTS
Century Link - 4" Conduit Installation & Proofing
Century Link Vault Excavation and Install 264TA
Century Link Vault Excavation and Install 4484
Trench Costs---2 5o/o of $253,209.29
SUBTOTAL
SALES TAX t0o/o
Const/eng r/¡ nspectio n L5o/o
775
360
2,4O0
1,955
3
3
I
1
3,195
2
4.L8
4.97
5.75
7.06
2,038.69
2,979.62
7,3L8.37
627.55
5.75
2,927.35
5.75
2,927.35
3,868.28
LF
LF
LF
LF
EA
EA
EA
EA
$3,24O.99
çL,787.77
$13,800.35
iL3,796.43
$6,116.07
$8,938.86
$7,3L8.37
$627.ss
ç63,302.32
çLLg,928.72
+Lt,892.87
$17,839.31
$148,660.9O
çL8,37L.72
$5,854.70
$63,302.32
$87,528.74
ç8,752.87
$13,129.31
$1O9,41O.92
$6,325.16
#8,782.04
$3,868.28
ç63,302.32
i82,277.8L
$8,227.78
$L2,34L.67
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GRAND TOTAL
MCI IVERTZON SHARE OF COSTS
erizon - 4" Conduit Installation & Proofing
Verizon - Vault Excavation & Installation 444-LA
Trench Costs---2 5o/o of $253,2O9.29
SUBTOTAL
SALES TAX l0o/o
Const/eng r/¡nspect¡on L|o/o
GRAND TOTAL
TOTAL FOR ALL UTILITIES
Trenching Costs
Ea rthworker Mobilization
ffic Control Labor
ffic Control Supervisor
Traffic Control Devices
Joint Trench 2' Wide (Depth Varies)
Joint Trench 3' Wide (Depth Varies)
Joint Trench 4' Wide (Depth Varies)
Sand for Trench Bedding
Gravel Borrow for Trench Backfill
Shoring or Extra Excavation Class B
Total
ABBOTT QUOTE
TOTAL WITHOUT WSST
L0olo SALES TAX
TOTAL WITH WSST
ADD CONST/ ENGR/INSPECTION Líolo
TOTAL JUT COST
1,000
2
LF
EA
5.75
2,6L3.7O
32,470.56
58.55
67.96
7,360.L9
L67.28
224.78
104.55
11.50
29.27
1.59
çLO2,847.26
$5,750.15
$5,227.4L
$63,302.32
#74,279.88
$7,427.99
$11,141.98
$92,849.85
$453,768.93
ç32,47O.56
$20,608.53
$5,980.15
$7,360.19
$6,691.08
$L5,734.49
çL02,457.L6
$L2,535.32
$39,519.19
$9,852.62
ç253,2O9.29
$363,015.14
$36,301.51
$399,316.65
çs4As2.27
$453,768.93
1
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88
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70
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1,090
1,350
6,2O0
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: Goods and Services Agreement with Environmental Coalition
of South Seattle - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign a Goods
& Services Agreement with Environmental Coalition of South Seattle
(ECOSS) in an amount not to exceed $125,000 for the 2019 - 2020
Recycling Program, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: The Goods and Services Agreement with the Environmental Coalition
of South Seattle (ECOSS) aids in overseeing the three popular city-wide recycling
events, outreach to multi-family complexes to help reduce waste and increase
recycling in Kent.
BUDGET IMPACT: The various activities and labor addressed by this Agreement
will be funded in full by Ecology’s Local Solid Waste Financial Agreement (LSWFA)
grant, King County’s Waste Reduction and Recycling (WRR) grant, and the Local
Hazardous Waste Management Program (LHWMP) grant.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 7 - Exhibit ECOSS - Recycling 2019-2020 (PDF)
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GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Environmental Coalition of South Seattle
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Environmental Coalition of South Seattle organized under the laws of the
State of Washington, located and doing business at 1011 SW Klickitat Way #201, Seattle, WA 98134,
Phone: (206) 767-0432, Contact: Erin Povak (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall provide multifamily sector waste reduction/recycling education services
and community recycling event services for 2019 and 2020. For a description, see the
Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference.
Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by December 31, 2020.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Twenty Five Thousand Dollars ($125,000.00), including applicable Washington State Sales Tax, for the
goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the
following amounts according to the following schedule:
The Vendor shall be paid after execution of agreement and submittal of invoice for services
provided.
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GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make
every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor’s services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
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GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
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GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
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GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
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GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By: (signature)
Print Name:
Its (title)
DATE:
CITY OF KENT:
By: (signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Erin Povak
Environmental Coalition of South Seattle
1011 SW Klickitat Way #201
Seattle, WA 98134
(206) 767-0432 (telephone)
(206) 767-0203 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
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GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
ECOSS - Recycling 2019-2010/Donati
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EEO COMPLIANCE DOCUMENTS - 1 of 3
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City’s sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City’s equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 3 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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ECOSS and Green Solutions Proposal November zO,zorï
City of Kent - Recycling Consultant Services zOLg - 2O2O
Suståì.ãbf e Sotùrioás tor Áll GR.EEI{
SOLUTIONS
3æåfçj ECOSS and Green Solutions welcome this opportunity to provide the City of Kent with 2019-2020
multifamily sector recycling education and waste reduction services plus recycling event assistance. Our
team approach builds on and strengthens similar services ECOSS has provided to the City of Kent since
2016, and recycling event services Green Solutions has provided for many other King County cities.
ECOSS will provide the City of Kent with multifamily recycling outreach services, hand-off consultation for
recycling collection events, and overall project management. Green Solutions will help run and staff Kent's
thrice-yearly recycling collection events. lf desired by City of Kent, and with adjustments to project scope
and budget, ECOSS can also conduct multifamily recycling outreach at a community festival and/or Green
Solutions can help plan, manage and staff a limited recycling collection event at a multifamily property.
ECOSS and Green Solutions are ready to meet with City of Kent representatives to brainstorm a detailed
project work plan, schedule, and task budget. We look forward to working with the City to support and
strengthen its strong commitment to multifamily and community recycling services.
20t9-2420 - P Work Plan
Task 1. Multifamily Outreach (lead: ECOSS)
ECOSS'outreach, education and technical assistance services willfocus on increasing the residential
recycling volume at multifamily properties in Kent. ECOSS will use two targeted approaches to achieve this:
(L) Provide technical assistance to property managers. ECOSS will provide them with direct, hands-on
support and resourcesto help property managers address barriersto recycling attheir properties and
purchase or right-size their recycling services. This will include coaching or direct assistance to help
property managers work with their recycling service provider, deal with recycling access and
contamination issues, and communicate onsite recycling services and expectations to residents. ECOSS
will work collaboratively with recycling service providers to ensure that any ECOSS service change
recommendations are feasible, a ppropriate and impleme nted.
(2) Deliver multifamily property resident outreach via door-to-door, on-site presentations and/or tabling
events. The outreach will be conducted by ECOSS' multi-lingual and multi-cultural staff in an effort to
deliver information to residents in their primary languages and in a culturally appropriate manner. While
on-site, outreach staff will check recycling container signage and improve it where needed to aide in
making recycling steps easy for residents.
Each year ECOSS will engage at least 20 Kent multifamily properties of 25+ units. This may include five to
ten properties contacted in prioryears who have not taken sufficient action to boosttheir recycling rates.
ECOSS may repeat visits to certain multifamily properties that have been served between 2016-2018 in
order to solidify the performance of the sites, ensure implementation of service level adjustments and
document increases in their recycling rate.
Altogether ECOSS will identify at least five "most interested" properties per year. At these properties,
ECOSS will provide technical assistance and door-to-door outreach, on-site presentations and/or tabling
outreach to share recyciingtoois and information with the property manager, maintenanee staff and
residents. ECOSS will provide multilingual and culturally appropriate outreach as needed.
The overall goals for this work will be to increase multifamily property onsite recycling rates and to track
those achievements in a way that serves the City's goal of substantially exceeding the current L3% city-wide
Page 1 of L0
EXHIBIT A 7.a
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ECOSS and Green Solutions Proposal November 20,2018
City of Kent - Recycling Consultant Services z0tg'2O2O
GREEN
SOLUTIONS
recycling rate. ECOSS w¡ll strive for success stories that encourage other multifamily property managers and
residents to boost their recycling rates.
Outreach, results and behavior change data will be tracked via ECOSS field notes and Salesforce. A simple
waste audit system can also be developed (if desired) to track changes in recycling rates via pre- and post-
outreach through self-reporting by property managers, onsite checks by ECOSS staff, review of recycling
service provider cost and quantity records, or a combination of these methods. See "Project Management"
for a description of monthly and annual report¡ng to share outreach results with the City.
ECOSS will prepare at least two streamlined messages property managers can use to promote onsite
recycling services via their newsletter, flyers, listservs, blogs, emails, or social media accounts. The
messages will emphasize efforts such as door to door outreach visits, handouts, and signage that make
recycling easier and more successful. These messages will also be provided to the City of Kent use in its
spring and fall multifamily recycling newsletter. During outreach to multifamily property managers and
residents ECOSS will also promote the City's recycling collection events.
tf additional special efforts are desired in 2O19-2020, ECOSS will work with the City to define these efforts
and adjust the core work plan and budget accordingly. Examples of added options for the City include:
¡ An onsite recycling collection event for muitifamily property residents. These single-property events
will have limited hours and collect just a few types of items such as electronics, batteries, shredding or
reusabie househoicj goocis. These events wiii be piannecì anci impiemented in coorciinaiion with the City
of Kent, Green Solutions, and recycling collection vendors.
¡ Multifamily property recycling outreach at festivals such as Kent Cornucopia Days orthe Fourth of iuly
Splash and its Republic Services recycling activity. Outreach will help multifamily property residents
learn easy ways to collect recyclables at home, recognize and properly use their property's onsite
collection bins, and know where to take "hard to recycle" items for safe recycling or disposal.
Task 2. Recycling Collection Events (lead: Green Solutions)
Green Solutions will plan and execute the following activities to ensure successful collection events:
A. Coordinate with the City to stage six recycling collection events (three per year beginning March 9,
2019) in compliance with health department, city and environmental regrllations.
B. Together with City and vendor(s), coordinate event set-up for up to 1,500 vehicles per event and a
traffic flow of up to four cars arriving per minute. Expect to collect 50-150 tons of recyclable materials
per bvent, reaching higher amounts at events where concrete is collected.
C. Receive a hand-off consultation from ECOSS for the first two recycling collection events in 2019.
D. Five to six weeks prior to each event, provide a site plan displaying vendor collection spots and traffic
flow. lf desired, coordinate with local police and fire departmentsto ensure event practices meet
requirements for city permit approval.
E. When preparing for each event, communicate regularly with vendors (if desired) and event staff.
F. Review and comment on the City's promotional materials for the events'
G. Provide event signage and a sign placement plan including at least four directional right-of-way signs to
the event, welcome signs, directional signs within the event area and material signs at each vendor's
collection site.
.
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@ ECOSS and Green Solutions Proposal November zo,zot}
City of Kent - Recycling Consultant Services ãOtg - 2A2O
Su3rå,nnhlê Soludo¡ç fó, Àll GREEN
SOLUTIONS
H. Deploy City-provided Type 2 Barricades, traffic cones and stop signs at each event.
l. Hire and orient (day of event) a certified traffic flagger to direct on-street traffic at the event entrance.
J. Provide six trained and reliable event staff to handle the event.
a. An event coordinator and assistant event coordinator will be onsite all day to manage their staff
and check in with vendors. They will also back up the staff, guide cars on site and monitor traffic
flow. Coordinators will oversee event set-up, breakdown and cleanup in coordination with vendors
and City staff. They will also respond to participant comments and concerns during the event.
b. Two greeters will welcome participants, direct them toward drop-off zones, and record the type of
materials being recycled. This will inform future event layout and traffic plans and provide a firm
vehicle count for the current event. Greeters will be the first to speak with participants about
acceptable/unacceptable items for recycling, and where to take items not accepted at this event.
Greeters will also distribute City-provided education and outreach materials, if desired.
c. At least two additional traffic flow staff will be stationed on site to give directions to participants on
where to unload materials and how to exit safely.
K. Provide brief event reports to the City with data on the type of materials collected per car for each
event, and total number of vehicles per event. Also, collect and share with the City post-event feedback
from event participants, vendors, and staff.
Task 3. Project Management (lead: ECOSSI
As prime consultant ECOSS will be the City of Kent's lead contact for overall project management, invoicing
and reporting, budget and schedule management, and Task 1 staff assignments. ECOSS wilf also coordinate
directly with the City on Task 1- multifamily outreach efforts. ECOSS will provide limited consultation to
Green Solutions for the first two Task 2 recycling collection events, and monitor Green Solutions Task 2
work via their invoicing and progress check-ins.
Green Solutions will coordinate directly with the City regarding Task 2 event planning, staffing, services,
and post-event summary reports. Green SolutÍons will provide ECOSS with Task 2 status reports and
invoicing. Green Solutions will also be available to consult if desired on hosting a limited collection event
for "hard to recycle item(s)" for at least one multifamily property. lf events like this are added to the work
plan, the project team and City will revise the project work plan and budget accordingly so that ECOSS and
Green Solutions can help organize, staff and promote additional events.
ECOSS monthly invoices will include a brief narrative report on Task l- outreach and Task 3 project
management, plus a list of recent property visits and a budget status summary. lnvoices will also include
brief Task 2 reports from Green Solutions in the month following each recycling collection event.
ECOSS will use its customized database to track the number, nature and outcome of recycling outreach
efforts to Kent multifamily property managers and residents. ECOSS will produce year-end report each year
summarizing project efforts and results, including a Task 2 annual report provided by Green Solutions.
Background
ECOSS has 25 years of experience providing in-language complex environmental information plus outreach
and engagement that responds to the needs and barriers of the audiences it serves. ECOSS is recognized as
the go-to organization for practical environmental outreach, education and technical assistance for hard-to-
reach audiences in the Puget Sound region.
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ECOSS and Green Solutions Proposal November 20,2or8
City of Kent - Recycling Consultant Services z0tg - 2O2O
sulrainðblÈ Solùnons lor ill GREEN
SOLLTTIONS
Each year ECOSS' programs serve hundreds of businesses and thousands of families in more than ten
languages. These efforts help businesses, communities and residents save money, conserve precious
resources and engage in environmental stewardship. ECOSS has provided the City of Kent with recycling
collection event services since 2016, and business and multifamily recycling outreach since 2017.
Since 1993, ECOSS has provided its partners and clients with a variety of services, including:
¡ Recycling, composting and waste reduction
¡ Proper hazardous waste disposal, storage and reduction
. Energy efficiency and water conservation
o Residential and roadside green stormwater infrastructure
o Urban forestry and reforestation
o Healthy homes, including indoor air pollution prevention
o Water quality protection and stormwater pollution prevention
s ln-language and culturally appropriate outreach materials
Green Solutions is an independent consulting firm that specializes in recycling and solid waste projects.
The company was created in 1994 with the goalof providing cost-effective servicesto the publìc sector and
to select private companies. Green Solutions' project performance demonstrates a track record for high-
quality work and value-added work products, the ability to handle complex information and to explain the
sameto a non-technicalaudience, and a solid reputation and excellent credibility. Green Solutions has
managed recycling collection events for several King County cities, and will be providing these services to
Auburn, Vashon lsland and other cities in 2019.
Services provided by Green Solutions focus primarily on solid waste management and recycling, with
specialties in:
r recycling collection events . waste composition studies
¡ outreach ¡ technical assistance
¡ solid waste management plans . training
Approach:
ECOSS works toward our vision of thriving communities and businesses by raising awareness and
empowering diverse businesses, communities and residents to improve their environmentally
sustainable practices. We have a 25 yeartrack record of providing environmental education, outreach
and technical assistance to low-income communities, small and mid-slze businesses, people of color,
individual homeowners, refugees and immigrants. ECOSS also cultivates positive working relationships
with agencies, businesses, non-profits and community organizations at all levels.
ECOSS' experienced multi-lingual and multi-cultural staff understand economically, culturally, and
ethnically diverse needs, barriers and solutions. We're committed to equity and inclusion. We spend
time understanding issues, people and places before sharing recommendations and solutions.
The ECOSS team works sensitively to adapt to a variety of settings. Whether presenting recycling tips to
large and smallgroups, providing food waste composting training and tips, staffing and tabling at
community events, or doing door to door outreach, ECOSS is effective at motivating organizations,
groups and individuals to increase their knowledge and take action.
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@ ECOSS and Green Solutions Proposal November 20,2OLB
City of Kent - Recycling Consultant Services 2OI9 - 2O2O
5lsãi¡ôblèSðhûbnsår Âll GREEN
SOLUT'IONS
ECOSS' approach is unique among organizations working on waste reduction issues around the region.
No other environmental organization has the capacity, language and cultural skills, technical
background, or track record of helping underserved communities and businesses improve their
environ menta I stewa rdship.
Green Solutions is a smallfirm providing quality work. Client satisfaction is of the utmost importance.
The large number of repeat clients for Green Solutions services is proof of their commitment to these
ideals. Green Solutions philosophy and strategies help ensure that projects are completed on schedule
and within budget. Once a realistic schedule and budget have been established, regular and frequent
monitoring by Green Solutions ensures that the project is staying on track. Green Solutions also has the
ability to look ahead and anticipate potential delays or other problems and to prevent those to the
extent possible. Flexibility is also one of the significant advantages provided by Green Solutions.
Orga nizational Ca pacitv
ECOSS staff are skilled at and energetic about practicalenvironmentaloutreach in an impressive variety
of settings. We have extensive experience staffing and managing multiple contracts. ECOSS follows
written accounting procedures and uses a CRM tool to track, manage and evaluate services or work
performed, and to produce accurate and robust reports.
Green Solutions consists of two key consultants who have extensive experience with recycling and
solid waste issues. Each consultant has successfully helped communities throughout Washington and
other states with solid waste and recycling projects. Green Solutions has managed multiple contracts
and ensured quality for each client. Theirtwo consultants assist each other on projects to provide
comprehensive service to their clients. Additional event staffing will come from a select group of people
with recycling and public event experience.
Relevant Expertise
Ecoss: C¡tv of Kent Recvclins consultant Services 2016 1S73,560) and 2017-2018 ($125,000ì
ECOSS has conducted multifamily outreach to
help property managers and residents increase
recycli ng volu mes, especia lly for non-English
speaking residents. ECOSS provides in-language
materials such as recycling tote bags, flyers and
signage to property managers and residents.
Outreach staff have visited 120+ multifamily
properties, delivered 2,500+ tote bags and
engaged residents at 10,100+ units. ECOSS
technical assistance helped nearly 30 managers at
these properties order or right-size their recycling services. Prior to 2018 ECOSS also promoted Kent's
Green Apartment/Condo award program and 3Rs Coaching opportunities, and conducted educational
tabiing at community festivals and events.
ECOSS has helped plan and staff three City of Kent recycling collection events per year since 2016. We
coordinated onsite layout and traffic flow with the City and vendors in advance. We promoted each
event via outreach to local apartment complexes and businesses, plus online industry calendars. On
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.@ ECOSS and Green Solutions Proposal November 20,2019
City of Kent - Recycling Consultant Services 2OL9 - 2020
Sùs¿iøhle Sold€¡s lô' All GREEN
SOLUTIONS
event days ECOSS helped set up and close down the event.
We greeted customers, directed them to drop-off zones,
provided information on where to take non-accepted items,
counted incoming vehicles, and fine tuncd signs and staffing
to improve event traffic flow. ln 2Ot6-20L7 ECOSS sold a
total of L31 backyard composters and 20 worm bins at the
events. ECOSS received positive event feedback from
participants, vendors and the City.
Since 2017 ECOSS has conducted business outreach to help
147 Kent businesses increase their commercial recvcling
volume. Outreach serves both English and non-
English/limited English speaking communities. ECOSS staff provides business owners and employees
with in-language updated educational materials, recycling bins, stickers and signage foi'waste stations.
ECOSS also promotes Kent recycling collection events and (prior to 2018) Kent green business awards.
ECOSS: Seattle Publ¡c Ut¡lit¡es Ons¡te Mult¡familv Recvcl¡nÊ/Food waste suoport 2017-2020 {s73.0001
ln partnership with Blue Marble Environmental, ECOSS conducts trainings, door to door outreach and
lobby tabling events to educate Seattle multifamily property managers, staff and residents about
recycling and food waste compost services, best practices, waste reduction and Seattle Public Utilities
(SPU) tools to support residents' garbage reduction and higher recycling efforts. Between January 2017
and November 2018 ECOSS has held education events at over 40 Seattle multifamily properties
containing a total of 2,500 units. Via presentations, tabling events and door to door outreach ECOSS staff
have engaged 1,500+ property residents. Outreach efforts distributed 1,500+ small food waste compost
baskets and 400+ recycling tote bags and/or fridge magnets to hold recycling guide flyers.
The consultant team conducts on-site technical assistance and outreach with the goal of increasing the
landfilldiversion rate. These efforts reach residents and staff in other languages besides English when
appropriate: 15 different languages to date including Amharic, Cantonese, Hindi, Korean, Mandarin,
Somali, Spanish, Tigrinya and Vietnamese.
ECOSS team members participated in pre-outreach training on SPU's current waste collection program,
best management practices for multi-family property staff and residents, and how to collect information
for the project. ln the field, feedback from the outreach team, property management staff and residents
is recorded and collected for use by SPU. Feedback topics include improvements needed to the current
solid waste management program, printed materials and tools issued by the City.
ECOSS: Ouileach to Mult¡fam¡ly Propertv Residents in snohom¡sh countv, wA - 2013, 2015 (s77,000)
ln 2013 ECOSS and Cascadia Consulting Group completed a -month Snohomish County project
(S25,000) to increase multifamily property recycling rates. The primary audience was Spanish-speaking
residents. The outreach team also reached residents who spoke Korean, Somali, Arabic, Khmer and
English. Going door-to-door the team delivered recycling guidelines and education to 1"00+ buildings,
delivered 7,000+ reusable recycling tote bags and engaged with 2,700+ residents.
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ECOSS and Green Solutions Proposal November 20,2oIB
City of Kent - Recycling Consultant Services 2Ot9 - 2020
GREEN
SOLUTIÛNS
ln 201-5 ECOSS partnered with Waste Management on a 3-
month project (S52,000) to help non-English-speaking
multifamily property residents increase their recycling rates.
ECOSS staff went door to door to deliver recycling guidelines
and education in a variety of languages, and deliver reusable
recycling tote bags. Outreach teams also performed waste
audits of outdoor garbage and recycling containers, applied
new decals, and collected relevant notes on recycling
infrastructure. ECOSS staff visited a total of 29 buildings and
3,343 units, providing outreach services in eight different
languages: Amharic, Spanish, Tigrigna, Vietnamese, Korean,
Somali, Arabic and English.
Green Solutions: City of Bellevue Special Recvcline Collection Events - Sprins and Fall 2017 (540,000);
Sprine 2018 (520,000)
ln 2OL7, Green Solutions managed two special recycling
events to help Bellevue and King County residents recycle
their "hard to recycle" items. They worked with the site host,
subcontracted with vendors and hired staff for these events.
ln spring 2OI7,859 vehicles delivered 55 tons of recyclables
to the event. When staged at a larger parking lot that fall,
L,327 vehicles delivered 59 tons of materialto the event.
The City of Bellevue hired Green Solutions again for their
most recent recycling event in spring 201_8 where 1,420
vehicles dropped off 63.5 tons of materials.
Greeters recorded the type of materials brought in each car. They tallied this data to produce a list of
how many cars dropped off material for each vendor, and how many cars attended the event overall.
Event success came from thorough publicityand extensive signage, on the street and on-site, inviting
the participants and thanking them for attending. Trained and friendly greeters added to participant
satisfaction. Good traffic flow plans kept cars moving in and out of the event at four cars per minute.
Green Solutions: Citv of North Bend Special Recvclins Collectíon Event Management 2009, 2010
(518,0001; Event Manasement Trainins 2011 (55,0001
Green Solutions planned and implemented North Bend's 2009
and 20L0 annual special recycling events. They managed the
grants, arranged vendor service contracts, planned site layout
and traffic flow, and conducted the events. They produced
event promotional materialfor distribution by the City and
worked cooperatively with the City of Carnation to share signs
and materials for the North Bend events. ln 2011 the City
wished to manage the events with their own staff, so hired to
train City staff on how to execute the events.
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f,þT/.@ ECOSS and Green Solutions Proposal November 20,2018
City of Kent - Recycling Consultant Services 2OL9'?.020
rù5!ùinå¡rlê ;óiutjons {o' 4ll GREEN
SOLUTIONS
Green Solutions: Citv of Auburn Neighborhood Recvclins Collection Events and SprinF Clean Up DaVs
1998 - 2008 (salaried emoloveel
While serving as a Solid Waste Manager at the City of Auburn, Sharon Conroy managed event staffing
and logistics for the City's neighborhood recycling collection events, held annually for severalyears in
four neighborhoods. These City-sponsored events attracted residents to travel a shorter distance to
recycle their "hard to recycle" items. Sharon designed and mailed out brochures for these events, and
negotiated with haulers to provide and pick up recycling containers. These events were quite popular
with residents and highly valued by the City Council.
Sharon aiso managed Auburn's Spring Ciean Up Days where residents sei oui iarge anci "harrJ io recycle"
items for curbside pickup over a period of two weeks. This popular event involved mapping the pickup
route, working with the hauler, and producing/sending a brochure and schedule directly to Auburn
residents. Sharon also produced a utility bill message to promote the event. She worked with residents
and the haulerto maintain pickups of clean recyclables, and respond to incidents where contaminated
recyclables could not be accepted.
Kev Proiect Staff
Falìcc ôr¡*ror¡h Þrnio¡f M:nroor. f:thv Rr¡llpr l^:f hrr helnc h¡¡çiness cnmmrnitr-r anrl r"esidentialLLVJJ Vtiiçq!¡l rivJ-La ¡r¡qi¡qóç¡ r vtrrrt -ürrLr vurr¡t ¡rL.rJ ÚuJrr¡úvv,
contacts integrate waste reduction into their everyday practices. Her current ECOSS projects include
managing and conducting multifamily property recycling/compost education, Envirostars green business
assistance, spill prevention education, and community outreach for stormwater management projects.
Before joinìng ECOSS in 2013, Cathy worked at a multi-state non-profit helping industries and agencies
prevent pollution. She also managed large environmental impact assessment and hazardous waste
farilitrr normir nrniorfc Cafhrr cf¡rdiod Fnvirnnmental P!annlns atthe l-Jnh-r. of Callfornia./Santa Cruz.¡GL¡¡¡it ijci iiii! P;ujLLLr. Ltr¡rt Jruur! t¡r-¡ I ¡s;t;;¡rrÞ
ECOSS Multicultural Outreach Project Manager: Joycelyn Chui Joycelyn bridges environmental
knowledge and cultural gaps through her work at ECOSS. She manages and works on waste reduction
plans and education, green stormwater management projects, multicultural and multilingual outreach.
She also manages and provides technical assistance and education on food waste and recycling for
multifamily properties and localfestivals. She provides in-language support, education and technical
assistance to help food service businesses comply with recycling and solid waste regulations. Joycelyn
graduated from the University of Washington with a degree in Aquatic and Fishery Sciences.
ECOSS Multicultural Outreach Team (EMCOT): The ECOSS EMCOT team is composed of multicultural
outreach managers, associates, and specialists who bring decades of combined experience conducting
environmental outreach and education to support their communities. Each brings unique access,
relationships, and knowledge across a myriad of topics including the environment, effective
com munication a nd commu nity engagement strategies.
Language capacities for the ECOSS team include Amharic, Cambodian, Cantonese, English, Korean,
Mandarin, Nepali, Somali, Spanish, Tigrinya and Vietnamese. Additional language capacities can be
provided if needed. ECOSS team knowledge and experience include:
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ECOSS and Green Solutions Proposal November 20,zolg
City of Kent - Recycling Consultant Services 2Ot9 - 2O2O
5út5,nÀhlÈ 5o;til,o¡! fÕr Ätl
GREEN
SOLITTIONS
r Extensive experience developing communication plans with multicultural business and residential
aud iences.
¡ Experience developing and implementing culturally appropriate outreach strategies.
¡ Demonstrated ability to develop and conduct culturally competent surveys, focus groups and key
informant interviews with multiple language groups.
. Strong track record of working with small business and individuals in addition to non-English
speaking communities on environmental issues.
. Ability and experience to edit, translate and refine complex documents so that non-English speaking
audiences can grasp and clearly understand the material and messaging.
. Abil¡ty to work with diverse communities to provide meaningful, practical information, education
and assistance.
Green Solutions Recycling Event Manager: Sharon Conroy Sharon has years of experience
organizing recycling collection events. She will be the event manager for Kent recycling events. Sharon
has worked for 25 years in the solid waste and recycling industry. She has consulted with local
government and businesses, and has managed recycling collection events, outreach programs and
environmental data analysis. She worked as Ecology's Coordinated Prevention Grant Coordinator,
managing solid waste and recycling grants to local government agencies. Sharon has also implemented
curbside recycling programs, delivered public education campaigns, presented information to elected
officials, and led trainings for local citizens.
Green Solutions Associate: Rick Hlavka Rick is also experienced at organizing fieldwork and
related events. For the Kent recycling collection events he will help with event day activities and reports.
Rick has over 38 years of waste management and environmental experience. He has been writing solid
waste management plans and designing recycling and composting programs since 1987. He has
developed or assisted with over 33 solid and moderate-risk waste plans for counties, cities, Tribes and
regional agencies. Rick has extensive project management experience and notable analytical skills.
Client and Pa r References
ECOSS References
Socorro Medina - Seattle Public Utilities Community Recycling & Engagement Program Manager
Office : (206) 684-87 17 Soco rro. M ed i na @seattle.qov
Project: Onsite Multifamily Recycling & Food Waste Support (2011-2020)
Lisa Long, Northgate Apartments Property Manager 206-363-4242, llong@m-d-c.com
Project: Seattle Public Utilities Onsite Multifamily Recycling/Food Waste Support (2017-2020)
Sego Jackson - Formerly: Snohomish Co. Solid Waste Admin., Principal Planner/Project Specialist tV
Currently: Seattle Public Utilities Strategic Advisor, Waste Prevention and Product Stewardship
206-615-07 06, sego.ia ckson @seatttle.sov
ECOSS project: Snohomish Co. Recycling Outreach to Multifamily Property Residents (2013,2015)
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@ ECOSS and Green Solutions Proposa! November 20,2ot9
City of Kent - Recycling Consultant Services zOLg'2020
GREEN!ùçråiôåhle tó[^ión! tu,
^ll SCILUTIONS
Green Solutions Client and Partner References
Jennifer Goodhart - City of Bellevue Conservation Program Administrator
425,452-7103, jgoodhart@bellevuewa.gov Project: Special Recycling Collection Events
Jason Alberich - Washington State Department of Ecology, Unit Supervisor
360-407-6082, ialb46L@ecv.wa.eov Project: Managed Coordinated Grant Prevention Grants
Jeanette Brizendine - City of Federal Way Recycling Project Manager
253 -835 -27 7 1, re cvc le @ citvoffed e ra lwav. co m
Project: Supplies and Signage for Special Recycling Collection Events
Two-Year Proieet Budget Estimate
Kent Recycles Proposed 20t9-2024
Recycling Consultant Serviceç: ËC055 and Green Solutions
TotalRateHours/
UnitsProject Task
Task 1: Multifamily Property Outreach
Sr"18 8 $944Program Director
)ð/I¿V )ru,++uProject tulanager li
57e 200 $t5,8ooMulticultural Project Manager I
57s 320
"
$24,000Multicultural Outreach Associate
571 280 $19,890Multicultural Outreach Coordinator
Seo 46 53,680Communications Manager
St,2sç$0.s4s 2,300Mileage
("Ã ônnC' '!n]^+-l Taclu 'tJUMtVtqr I qJ¡\ ¡
Task 2: Six Special Recycling Collection Events
s7s 250 s18,750Event Manager (1)
BO $5,600
59,LzA
__tz9_
5+o 228
Event Assistant Manager (1)
Event Staff (4)
5L,248$32 39
$az I $6e6ect Manager ll (consultation
Certified Flageer (1)
ECOSS Pro.i
Ssr+So.s+s 944Mileage
572 5s72Supplies
s36,5ooSubtotal Task 2
Task 3: Project Management
4 5ss¿$L46Executive Director
s1,888s11816Program Director
$7,308Sez84Project Manager ll
52,szg$tg 32Multicultural Project Manager I
s1e2so.s4s 352Mileage
$1z,5oosubtotal Task 3
¡A.
^F
Â^^)¡¿f,ruuur oral Þuqge\ ¿vLY-¿v¿v
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional Insured under the Consultant’s Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
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EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: S 228th St Corridor Washington State Transportation
Improvement Board (TIB) Grant - Recommend
MOTION: Move to recommend Council authorize the Mayor to accept grant
funds from the Washington State Transportation Improvement Board for
the S. 228th Street UP Grade Separation Project in the amount of $3.5
million dollars, authorize the expenditure of the grant funds accordingly
and authorize the Mayor to sign all necessary documents, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The City applied for a grant through the TIB in August of 2018 for the
S. 228th St. UPRR Grade Separation Project. The City was notified of the grant
award in November 2018. In Previous years the TIB had a policy of not granting
funds to Grade Separation Projects as their position was that grant agencies more
aligned to freight projects should be funding them. These policies have recently
changed and in recent meetings with the TIB it became apparent that they would
consider grade separation projects as part of their evaluation process for
determining grants.
BUDGET IMPACT: Addition of $3.5 million to project budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 8 - ExhibitFuel Tax Agreement (PDF)
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Washington State Transportation Improvement Board 8-1-106(032)-1 Fuel Tax Grant Agreement
Fuel Tax Agreement Page 1 of 5 November 2012
City of Kent
8-1-106(032)-1
S 228th Street Railroad Grade Separation
72nd Ave to 76th Ave
STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND
City of Kent
AGREEMENT
THIS GRANT AGREEMENT (hereinafter “Agreement”) for the S 228th Street Railroad Grade
Separation, 72nd Ave to 76th Ave (hereinafter “Project”) is entered into by the WASHINGTON
STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of Kent, a
political subdivision of the State of Washington (hereinafter “RECIPIENT”).
1.0 PURPOSE
TIB hereby grants funds in the amount of $3,500,000 for the project specified above, pursuant
to terms contained in the RECIPIENT’S Grant Application, supporting documentation, chapter
47.26 RCW, title 479 WAC, and the terms and conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
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Washington State Transportation Improvement Board 8-1-106(032)-1 Fuel Tax Grant Agreement
Fuel Tax Agreement Page 2 of 5 November 2012
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT’s other rights under this Agreement.
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB’s notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
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Washington State Transportation Improvement Board 8-1-106(032)-1 Fuel Tax Grant Agreement
Fuel Tax Agreement Page 3 of 5 November 2012
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT’s request to amend the Project.
c) After investigation TIB confirms RECIPIENT’S non-compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longer available for the purpose of meeting TIB’s obligations. If
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for
anything other than highway or roadway system improvements is prohibited and shall subject
the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is
purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds
from the sale must be deposited into the RECIPIENT’s motor vehicle fund and used for a motor
vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds
for the specific project. Requests must be made in writing and will be considered by TIB and
awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC
479-05-202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for
costs incurred in excess of the grant amount. In the event that final costs related to the specific
project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB
in a manner that maintains the original ratio between TIB funds and total project costs.
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Washington State Transportation Improvement Board 8-1-106(032)-1 Fuel Tax Grant Agreement
Fuel Tax Agreement Page 4 of 5 November 2012
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that PARTY’s own negligent acts or omissions which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
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Washington State Transportation Improvement Board 8-1-106(032)-1 Fuel Tax Grant Agreement
Fuel Tax Agreement Page 5 of 5 November 2012
15.0 ENTIRE AGREEMENT
This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter
47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code,
and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all
previous written or oral agreements between the PARTIES.
16.0 RECORDS MAINTENANCE
The RECIPIENT shall maintain books, records, documents, data and other evidence relating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: Parking Ordinance Revisions - Recommend
MOTION: Move to recommend Council approve amendments to the Kent
Parking Ordinance Chapter 9.38, establishing a Residential Parking Zone in
the Mill Creek Neighborhood.
SUMMARY: Sounder ridership has increased annually since service began in 2000,
affecting the availability of parking near the Kent Transit Center. Residents in the
Mill Creek neighborhood have contacted the City with concerns about train
commuters parking in their neighborhood. Staff met with the Mill Creek
Neighborhood Council to identify specific areas where Sounder commuters are
parking. Based on this feedback, staff developed proposed residential parking zone
boundaries for Council consideration.
BUDGET IMPACT: The estimated cost to procure and install signs as proposed to
implement the Mill Creek RPZ is estimated at $25,000 to install approximately 38
signs and issue parking permits. Parking enforcement staff time has also been
anticipated by our Police Department.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 9 - Exhibit 1 - Map (PDF)
2. 9 - Exhibit 2 Parking-Mill Creek RPZ (PDF)
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State Av N
S 244 St
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Cedar St
E Temperance St
Kennebeck
Av N
State Av N
E C r e s t P l
Pioneer St
W Cloudy St
E James St
E Valley Pl
Mcmillan St
S 237
Pl
E Smith St
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Alvord A vN
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Station St
E George St
Railroad
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Kennebeck Av NCentral Av N
Lenora Av N
Hilltop A v
PRELIMINARY DRAFT
PRELIMINARY DRAFT
Mill Creek
Neighborhood
Parking Signage
Legend
Parking Zones
!!RPZ Parking Signs (28)
RPZ Parking Street
!! 4 Hr Parking Signs (8)
4 Hr Parking Street
2 Hr Parking Signs (2)
2 Hr Parking Street
!!
Revised March 27, 2018
N
Revised March 29, 2018
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1 Amend Chapter 9.38 KCC -
Re: Parking
ORDINANCE NO.
AN ORDINANCE of the city council of the
City of Kent, Washington, amending section
9.38.060 to add streets to the locations with two-
hour parking limits, section 9.38.065 to add streets
to the locations with four-hour parking limits,
establish a new four-hour parking zone to be in
effect at all times, and section 9.38.175 to
establish another residential parking zone
RECITALS
A. Sound Transit’s “Sounder” train station, Kent Station, is
located between James Street and Smith Street between Railroad Avenue
and First Avenue North. Sounder operations began in late 2000. A parking
garage was constructed for the Sounder commuters as well as surface lots
and some on-street parking.
B. Ridership on the Sounder has increased significantly in the
years since Sounder service began. With the success of the Sounder,
Sound Transit has increased train operations between Lakewood and
Seattle by adding one round trip in 2016 and two round trips in 2017.
Cities on the Sounder South route, including Puyallup, Sumner, Auburn
and Kent have experienced parking challenges as the parking designated
for the Sounder commuters becomes fully occupied very early in the
morning on most weekdays. This has led to spill over parking in
unintended areas of the cities, including residential areas. Specifically,
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2 Amend Chapter 9.38 KCC -
Re: Parking
Sounder commuters have been observed parking in the Mill Creek
residential neighborhood.
C. Sound Transit is currently designing a project that will
construct a second parking garage downtown, however, that parking
garage is not scheduled to open until approximately 2023.
D. Section 9.38.065 of the Kent City Code sets forth areas within
the City of Kent where parking is limited to four hours from 9:00 a.m. to
6:00 p.m. (during business hours).
E. Recently, West Smith Street has experienced an increase in
the number of vehicles parking on the street for extended periods of time
at all hours of the day.
F. To address these issues and ensure that there is adequate
parking for residents and commercial needs, this ordinance amends
portions of this chapter to add locations to the two-hour and four-hour
parking zones and creates a four-hour parking zone that is in effect
twenty-four hours per day, seven days per week. This ordinance also
establishes a new residential parking zone, “Kent RPZ No. 2.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 9.38.060 of the Kent City
Code, entitled “Two-hour parking zones” is amended as follows:
Sec. 9.38.060. Two-hour parking zones.
A. Two-hour parking limit. Except as provided for under KCC 9.38.070
and 9.38.170, at such times as the director of public works or designee
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3 Amend Chapter 9.38 KCC -
Re: Parking
shall place the appropriate sign, or the facilities superintendent for
municipal parking facilities, it shall be illegal to park any motor or other
vehicle for an uninterrupted period in excess of two hours between the
hours of 9:00 a.m. and 6:00 p.m. on either side of, unless otherwise
indicated, the following streets, parking lots, parking garages, or portions
thereof:
1. Centennial Parking Garage: that portion of the first floor as
posted or otherwise marked. A vehicle that displays a valid disabled
parking placard or disabled license plate is exempt from the two-hour
limitation.
2. City Hall parking lot between City Hall and the Centennial
Building: all parking stalls unless otherwise posted or marked. A vehicle
that displays a valid disabled parking placard or disabled license plate is
exempt from the two-hour limitation.
3. Clark Avenue North: from East Smith Street to East
Temperance Street, west side only
34. East Pioneer Street: from Central Avenue North easterly
approximately 150 feet to the alley east of Central Avenue North, south
side only.
45. First Avenue North and First Avenue South: from a point 200
feet north of West Meeker Street to West Titus Street.
56. Railroad Avenue North and Railroad Avenue South: from East
James Street to East Smith Street, east side only; and from East Smith
Street to East Gowe Street.
67. Ramsay Way: from 230 feet east of 4th Avenue North to 350
feet east of 4th Avenue North.
78. Ramsay Way: from 440 feet east of 4th Avenue North to 520
feet east of 4th Avenue North, south side only.
89. Ramsay Way: from 480 feet east of 4th Avenue North to 520
feet east of 4th Avenue North, north side only.
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4 Amend Chapter 9.38 KCC -
Re: Parking
910. Ramsay Way: from 30 feet north of West Temperance Street
to 150 feet north of West Temperance Street.
1011. Second Avenue North and Second Avenue South: from West
Harrison Street to West Titus Street.
1112. State Avenue North and State Avenue South: from East Smith
Street to East Gowe Street.
1213. West Gowe Street and East Gowe Street: from Fourth Avenue
South to Central Avenue South.
1314. West Meeker Street and East Meeker Street: from Fourth
Avenue to State Avenue.
1154. West Harrison Street: from Fourth Avenue North to Second
Avenue North.
1516. West Titus Street: from Second Avenue South to First Avenue
South, north side only.
Provided, that this section shall not apply on Sundays or holidays.
B. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of $30. Vehicles parked in
violation of this section may be towed and impounded as provided by law.
SECTION 2. - Amendment. Section 9.38.065 of the Kent City
Code, entitled “Four-hour parking zones” is amended as follows:
Sec. 9.38.065. Four-hour parking zones.
A. Four-hour parking limit during business hours. Except as provided
for under KCC 9.38.070 and 9.38.170, at such times as the director of
public works or designee shall place the appropriate sign, it shall be illegal
to park any motor or other vehicle for an uninterrupted period in excess of
four hours between the hours of 9:00 a.m. and 6:00 p.m. on either side
of, unless otherwise indicated, the following streets, public parking lots,
public parking garages, or portions thereof:
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5 Amend Chapter 9.38 KCC -
Re: Parking
1. East George Street: from Central Avenue North to State
Avenue North.
2. State Avenue North: from 175 feet south of East George
Street to north end of road, west side only.
13. Railroad Avenue North and Railroad Avenue South: from East
Smith Street to East Gowe Street.
Provided, that this section shall not apply on Sundays or holidays.
B. Four-hour parking limit. Except as provided for under KCC 9.38.070
and 9.38.170, at such times as the director of public works or designee
shall place the appropriate sign, it shall be illegal to park any motor or
other vehicle for an uninterrupted period in excess of four hours at any
time on either side of, unless otherwise indicated, the following streets,
public parking lots, public parking garages, or portions thereof:
1. West Smith Street: from 64th Avenue South to Washington
Avenue.
BC. Penalty. Any violation of the provisions of this section shall be an
infraction punishable by a monetary penalty of $30. Vehicles parked in
violation of this section may be towed or impounded as provided by law.
SECTION 3. - Amendment. Section 9.38.175 of the Kent City
Code, entitled “Residential parking zone” is amended as follows:
Sec. 9.38.175. Residential parking zone.
A. Purpose of residential parking zone. The city establishes this
residential parking zone (RPZ) program in response to parking concerns
expressed by residents of the neighborhood surrounding destinations that
are expected to generate significant demand for offsite parking in those
neighborhoods, the Kent Events Center and as required to mitigate parking
impacts of those destinationsthe events center. This RPZ program will
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6 Amend Chapter 9.38 KCC -
Re: Parking
reserve parking on the surface streets in the RPZs established hereinNorth
Park Neighborhood for neighborhood owners, residents, and their visitors,
who might otherwise be displaced by visitors to these destinations. by
visitors to or employees of the events center.
B. Residential parking zone established.
1. The following described area, also known as the North Park
Neighborhood, is established as Kent RPZ No. 1: That area bounded on the
west by Fifth Avenue North, to the south by West James Street, to the
north by State Route 167, and to the east by the Burlington Northern main
line (First Avenue North).
2. The following roadways or portions thereof, within the area
known as the Mill Creek Neighborhood, are established as Kent RPZ No. 2:
a. Cedar Street: from Clark Avenue North to Jason
Avenue North.
b. Clark Avenue North: from 150 feet north of East Smith
Street to East Temperance Street, east side only.
c. Clark Avenue North: from East Temperance Street to
East James Street.
d. East George Street: from State Avenue North to
Woodford Avenue North.
e. East Temperance Street: from Kennebeck Avenue
North to Jason Avenue North.
f. Jason Avenue North: from East Smith Street to East
James Street.
g. Kennebeck Avenue North: from East Temperance
Street to north end of road.
h. State Avenue North: from East James Street to 175
feet south of East George Street.
i. State Avenue North: 175 feet south of East George
Street to north end of road, east side only.
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7 Amend Chapter 9.38 KCC -
Re: Parking
j. Woodford Avenue North: from East James Street to
north end of road.
C. RPZ manager. The mayor will appoint from city staff the RPZ
manager who shall administer the RPZ program as set forth in this section.
The duties of the RPZ manager may be carried out by more than one (1)
person and may be delegated to the customer services division of the city’s
finance department as appropriate.
D. Residential parking zone permit. When properly issued and
displayed, a RPZ permit or a visitor parking permit will authorize a vehicle
to park within the RPZ for which the permit was issued. A property is
included within the RPZ only if its address includes, and/or sole access to
the property is via, a street that is within the RPZ. The permit shall not
guarantee a parking space, nor shall it exempt the vehicle or operator
from observing zones where parking is otherwise prohibited, including but
not limited to permanent or temporary no parking zones, loading zones,
fire zones, and all zones where parking is regulated or prohibited by other
applicable laws or regulations of the Kent City Code.
E. Permit eligibility.
1. Zone owners and residents. Permits may be issued only to
persons who own property or reside in the RPZ established by subsection
(B) of this section. At this time, all permits will be issued to RPZ owners
and residents free of charge.
2. Resident visitors. The RPZ manager may issue additional
permits to each residence within the RPZ for temporary use by residents’
visitors. Visitor permits may not be sold or redistributed for any purpose.
3. Government vehicles. Government vehicles will not be
required to obtain permits for the purpose of conducting official business in
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8 Amend Chapter 9.38 KCC -
Re: Parking
the North Park Neighborhood. Government vehicles associated with the
conduct of business at the Kent Events Center may not park in the an RPZ.
F. Use and validity of permits.
1. The RPZ permit is valid only if displayed on the rear left
window of the vehicle and only for so long as the permit holder owns or
controls the vehicle and resides at the address for which the permit was
issued.
2. A visitor parking permit shall be valid only if the hang tag is
hung from the vehicle’s rearview mirror.
3. All permits shall expire on December 31, 2010, irrespective of
the date of issuance. Reissuance shall be in accord with the process set
forth in subsection (G) of this section for a term to be determined by the
RPZ manager.
G. Issuance of permits. The RPZ manager will send four (4) RPZ
window decals to the owner of record and to the occupant of each dwelling
unit or residence within the RPZ. In addition, the RPZ manager will send
fifteen (15) hang tag visitor permits to each owner of record and the
occupant of each dwelling unit or residence for temporary use. Each permit
issued shall contain the number of the RPZ for which it was issued and a
serial number for the permit, together with such other information as
determined by the RPZ manager. The RPZ manager is authorized to issue
additional RPZ and/or visitor permits, if a demonstrated need exists. Any
RPZ resident may make application for additional necessary permits by
returning to the RPZ manager a completed application supplied by the city
identifying the additional permits required and the reason for the request.
Additional permits will be issued at the discretion of the RPZ manager and
at no cost at this time.
9.b
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9 Amend Chapter 9.38 KCC -
Re: Parking
H. Proof of ownership or residence. The following will be sufficient
proof of ownership or residence within the RPZ:
1. Appearance as owner of record on the King County recorder’s
office website; or
2. A valid driver’s license showing residence at a current address
located within the RPZ; or
3. A deed, lease, rental agreement, or other document which, at
the discretion of the RPZ manager, establishes residency, and which shows
residency within the RPZ.
I. Revocation or denial of permits – Cause. Any of the following shall
be cause for the revocation or suspension of RPZ permits and/or visitor
permits by the RPZ manager:
1. The making of any false or misleading statement in
application for a permit.
2. The transfer to an unauthorized person or address.
3. The alteration of a permit in any respect in order to gain
privileges not authorized by the permit.
4. The display on a vehicle of a permit that has been suspended
or revoked.
5. The sale of a permit and the receipt of anything of value in
exchange for a permit.
J. Revocation or denial of permits – Process. If the RPZ manager finds
that a RPZ permit or a visitor permit should be revoked or denied for any
of the reasons set forth in subsection (I) of this section, the RPZ manager
will send a written notice of revocation or denial to the permit holder,
which notice shall contain the following information:
1. That the permit is denied or will be revoked not sooner than
ten (10) calendar days from the date of the letter.
2. The reasons for permit revocation or denial.
9.b
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10 Amend Chapter 9.38 KCC -
Re: Parking
3. That unless a written notice of appeal is filed with the
community development director not later than ten (10) calendar days
from the date of the notice of revocation or denial, the permit will be
deemed finally revoked or denied.
4. That the basis for the appeal must be contained in the written
notice of appeal.
K. Revocation or denial – Appeal. An applicant aggrieved by the RPZ
manager’s revocation or denial of a RPZ or visitor permit may file a notice
of appeal with the community development director who upon
consideration of the written documentation submitted in the notice of
revocation or denial and the notice of appeal will affirm, reverse, or modify
the revocation or denial decision, or order suspension for a specified
period.
L. Violation – Penalty. Effective January 1, 2009, it shall be a parking
infraction to park within the RPZ unless the parked vehicle properly
displays a valid RPZ permit or a visitor parking permit. Any violation of this
section shall be an infraction punishable by a monetary penalty of fifty
dollars ($50). Vehicles parked in violation of this section are subject to
impoundment as provided by law.
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this ordinance is 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 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
9.b
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11 Amend Chapter 9.38 KCC -
Re: Parking
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: City of Covington Transmission Main - Interlocal Agreement
Amendment - Recommend
MOTION: Move to recommend Council authorize the Mayor to sign an
Amendment to the Interlocal Agreement between the Cities of Covington
and Kent for Joint Public Works Operations for CIP 1127 SE 272nd St (516)
Improvements between Jenkins Creek and 185th Place SE, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: An Interlocal agreement was entered into between the City of Kent
and the City of Covington for Joint PW Operations for CIP 1127 SE 272nd (SR516)
Improvements between Jenkins Creek and 185th Pl SE (the “Agreement”) in 2016.
The Kent Water Utility owns three transmission mains that are located in SE 272nd
Street, within the City of Covington, and cross Jenkins Creek. These transmission
mains convey water supply to Kent from the water utilities eastern primary water
sources and need to be relocated to construct the Jenkins Creek bridge.
The purpose of the Agreement is to conduct joint operations for the project and
utilize cooperative purchasing and terminates on December 31, 2018. Additional
time is needed to complete design and construction. Accordingly, this Amendment
extends the termination date to December 31, 2020.
BUDGET IMPACT: None, agreement time extension only. Funds have been
previously budgeted for this purpose.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure, Sustainable Services
RECOMMENDED BY: Tim LaPorte
ATTACHMENTS:
1. 10 - Exhibit Amendment to Covington ILA (PDF)
10
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AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN THE CITIES OF COVINGTON AND KENT
FOR JOINT PUBLIC WORKS OPERATIONS FOR CIP 1127 SE 272ND ST. (SR
516) IMPROVEMENTS BETWEEN JENKINS CREEK AND 185TH PLACE SE
This Amendment is between the City of Kent (Kent) and the City of
Covington (Covington) and amends the original Agreement and all prior
Amendments. All other provisions of the original Agreement or prior Amendments
not inconsistent with this Amendment shall remain in full force and effect.
1. Section 8 of the Agreement, entitled “Term of Agreement” is hereby
modified as follows:
This Agreement shall become effective as of the date this Agreement is
approved by both legislative bodies of the Parties and subsequently
executed by those Parties pursuant to the terms of this Agreement,
this Agreement shall remain in full force and effect until December 31,
2018 December 31, 2020, or final acceptance and exchange of record
drawings, whichever comes first. This Agreement may be extended by
written agreement of the Parties subject to the approval of such
extension by each Party’s legislative body.
All acts consistent with the authority of the Agreement, previous
Amendments (if any), and this Amendment, prior to the effective date of this
Amendment, are hereby ratified and affirmed, and the terms of the Agreement,
previous Amendments (if any), and this Amendment shall be deemed to have
applied.
IN WITNESS WHEREOF, the Parties below execute this Agreement, herein
COVINGTON:
CITY OF COVINGTON:
By:
(signature)
Print Name:
Its
(title)
DATE:
KENT:
CITY OF KENT
By: ______
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
APPROVED AS TO FORM:
KATHY HARDY, City Attorney
APPROVED AS TO FORM:
Kent Law Department
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: Info Only/Kentridge Area Parking - Update
SUMMARY: The Kent School District permits high school students to drive to
school, although on-site parking availability is limited. As a result, Kentridge
students park in residential areas to the south of SE 208th St. Residents have
requested the City implement parking restrictions through an ordinance to facilitate
enforcement. These residential areas were included in the Panther Lake Annexation
area, and currently include signed parking restrictions that were established by King
County prior to annexation into Kent but are not enforceable since King County
never adopted an ordinance.
This issue was discussed with the Committee last year but tabled was before
going to the full Council due to concerns about the Kent Police Department’s
(KPD) ability to enforce the parking restrictions.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City
ATTACHMENTS:
1. 11 - Exhibit Map (PDF)
11
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Existing zones to be retained Existing zones to be removed
2016 parking survey boundary
Kentridge
High School
SE 208th St
SE 211th St
SE 213th St
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SE 212th PlSE 212th Pl
SE 211th Pl
SE 210th Pl
SE 210th St
SE 209th
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SE 209th Ct
SE 208th Pl
SE 210th Ct
SE 211th St
SE 210th Ct
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SE 211th St
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: Info Only Quiet Zone - Update
SUMMARY: Staff will give an update on the status of the Quiet Zone.
• Staff are working on the securing property rights to install pedestrian fences
along sections of the BNSF and UPRR railroad as identified in the Quiet Zone
Diagnostic.
• Staff are working with WSDOT on comments for the UPRR Willis St crossing.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
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PUBLIC WORKS COMMITTEE
Tim LaPorte, PE
220 Fourth Ave S
Kent, WA 98032
253-856-5500
DATE: January 7, 2019
TO: Public Works Committee
SUBJECT: Info Only/Dvorak Barn Relocation
SUMMARY: Pursuant to our existing agreement with the King County Flood
District, the city will be relocating the Dvorak barn easterly onto existing property
already owned by the Drainage utility.
The property was bought by the city a number of years ago to facilitate
reconstruction of the Lower Russell Road levee. This acquisition followed an
extensive engineering study in 2011 that concluded the Russell Road Levee was too
steep and unstable and would not protect the city during a 100-year flood event.
The levee as it existed could not be certified for FEMA accreditation purposes.
After the barn property was acquired it was determined that the barn had historic
significance later documented by a cultural resources report. Through agreement
with State and Federal agencies it was determined that the best solution was to
relocate the barn to the east which will also protect it behind the new levee. The
barn will also continue to be used for agricultural purposes as it will become an
accessory structure for our nursery activities.
Bids were recently opened and two bids were received. Although the low bid came
in higher than we had hoped, we are appreciative that we received two bids for this
difficult but interesting endeavor. The item has been placed on the Council agenda
for authorization to award at the January 15th meeting.
Funds for the barn relocation will come from the Drainage Utility. The overall levee
project will be over $50 million, the majority of which will come from the King
County Flood District and the State of Washington.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
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