HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 09/16/2019
Unless otherwise noted, the Public Works Com mittee 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, September 16, 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 August 19, 2019
Minutes
YES Chair 05 MIN.
5. Construction Agreement for
Willis St. and 4th Ave. S. Joint
Utility Trench with Puget Sound
Energy
YES Thomas Leyrer 05 MIN.
6. Consultant Services Agreement
for 4th Ave. S. and Willis St.
Roundabout with KPG, P.S.
YES Thomas Leyrer 05 MIN.
7. Sound Transit Federal Way Link
Extension Property Acquisition
YES Chad Bieren 05 MIN.
8. Surplus and Disposal of Materials
(Public Utility funds – Water
Dept.)
YES Ron Green 05 MIN.
9. PSE Easement for 640 Pressure
Zone North Pump Station No. 1
YES Bryan Bond 05 MIN.
10. PSE Power Service Upgrade for
640 Pressure Zone Pump Station
No. 1
YES Bryan Bond 05 MIN.
11. Department of Ecology Local
Solid Waste Financial Assistance
Agreement Grant
YES Tony Donati 05 MIN.
Public Works Committee CC PW Regular Meeting September 16, 2019
12. Information Only -
TeamUp2CleanUp – Saturday,
September 21
NO Tony Donati 05 MIN.
13. Information Only - 2020 Overlay NO Joe Araucto and
Gursimran (Sonny)
Singh
10 MIN.
14. Information Only - Linda Heights
Sewer Re-Lining Update
NO Rob Lovell 10 MIN.
15. Information Only - Quiet Zone
Update
NO Chad Bieren 05 MIN.
Page 1 of 4
Pending Approval
Public Works Committee
CC PW Regular Meeting
Minutes
August 19, 2019
Date: August 19, 2019
Time: 4:02 p.m.
Place: Chambers East
Attending: Dennis Higgins, Chair
Brenda Fincher, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:02 p.m.
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
There were no changes to the agenda.
4. Approval of Minutes dated August 5, 2019
Minutes were approved as read.
MOTION: Move to approve the Minutes dated August 5, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
5. Amendment No. 1 to the Garbage, Recycling, Yard & Food Waste
Collection and Disposal/Marketing Contract with Kent Meridian
Disposal Company dba Republic Services Recycling Services for
Processing Surcharge - Authorize
Conservation Coordinator, Tony Donati and Environmental Specialist, Meara
Heubach noted that the City's contracted waste hauler, Republic Services has
requested that a recycling processing surcharge be added to customers' bills
to offset the contractors increased processing costs and decreased revenue
from recyclable commodities due to changes in global recycling markets.
It was noted that the adjustment will take effect on September 1, 2019 and
terminate on March 31, 2029. The adjustment will initially be $0.96 per
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Public Works Committee CC PW Regular Meeting
Minutes
August 19, 2019
Kent, Washington
Page 2 of 4
month for single-family Residential customers and $2.98 per cubic yard of
monthly garbage service for Multifamily Complex customers and cart-based
Commercial customers. The adjustment will be re-evaluated, and potentially
modified, on an annual basis.
MOTION: Authorize the Mayor to sign an amendment to the Garbage,
Recycling, Yard & Food Waste Collection and Disposal/Marketing
Contract between the City and Republic Services, thereby approving
an adjustable increase to solid waste rates and extending the solid
waste contract to 2029, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 9/3/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
6. Republic Services Rate Increase for Disposal Fee (Tipping Fee)
Charged by Cedar Grove - Authorize
Conservations Specialist, Tony Donati noted that Republic Services has
requested an increase in residential solid waste rates to compensate for the
increase in tipping fees at its organics waste processor, Cedar Grove. Donati
noted that the City’s existing contract with Republic Services includes
provisions for the City to review and approve this increase.
MOTION: Authorize the Mayor to approve an increase in residential
solid waste rates with Republic Services to compensate for the
increase in tipping fees at its organics waste processor, Cedar Grove.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 9/3/2019 7:00
PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Higgins, Fincher, Troutner
7. Consultant Services Agreement for Clark Springs Generator and
Electrical Upgrades with RH2 Engineering, Inc. - Authorize
Water System Manager, Sean Bauer noted that this project will provide a
diesel-powered standby generator capable of powering the entire site and will
include a new structure to protect the equipment, removal of the existing
propane generator and removal and replacement of the existing pump
control panel and motor.
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with RH2 Consultants Inc. in an amount not to exceed
$117,455.28 to design a standby generator system and electrical
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Public Works Committee CC PW Regular Meeting
Minutes
August 19, 2019
Kent, Washington
Page 3 of 4
system upgrades, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 9/3/2019 7:00
PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Higgins, Fincher, Troutner
8. Information Only - Hydrant Operations and Maintenance - Update
Hydrant and Meter Supervisor, Steve Reynolds and Maintenance Worker 4,
Spike English presented an overview of preventative measures to help
ensure fire hydrants function properly in the water distribution system. They
demonstrated how a hydrant works with a cut-away hydrant that they
brought to the meeting.
9. Information Only - Lower Russell Levee Project
Environmental Engineer, Toby Hallock gave a brief overview of the Lower
Russell Road Levee project. He noted that the King County Flood Control
District will build a new levee, setback from the river to meet federal stability
requirements for levee accreditation and provide protection at the 500-year
flood level.
Hallock noted that Phase 1 of the project is now underway. He invited
everyone to attend the groundbreaking ceremony on Thursday, August 22 at
10:30 a.m.
10. Information Only - Fuel Island Project Update
Fleet Manager, Ron Green gave an overview of the Fuel Island replacement
project noting that on July 23, 2019 Fleet received soil testing results,
performed as part of Skillings/Connelly body of work, that subsurface
contamination was found in several of the borings around the unleaded fuel
island. Additional soil testing is needed to determine the extent of
contamination, a $31,000 contract amendment for Skillings /Connelly is
being processed to perform the work.
The fuel system replacement project has been split into two phases: the first
being installation of the new system and the second being decommissioning
and remediation of the existing system. Staff will keep committee members
up to date on any new information.
11. Information Only - Transportation Improvement Board Grant
Applications
Design Engineering Manager, Carla Maloney noted that the Transportation
Improvement Board has issued the annual call for projects for the Urban
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Public Works Committee CC PW Regular Meeting
Minutes
August 19, 2019
Kent, Washington
Page 4 of 4
Arterial Program (UAP) and the Sidewalk Program (SP).
Maloney stated that Kent staff have reviewed the grant criteria, attended
suggested seminars and have submitted applications for the following
projects:
1) Urban Arterial Program - 76th Avenue South Road Raising from 220 block to
212th block.
2) Sidewalk Program - Walkway on the west side of 132nd Avenue SE from SE
240th Street to SE 228th Place.
12. Information Only - Quiet Zone Update
Transportation Manager, Rob Brown noted the following regarding the Quiet
Zone.
Burlington Northern Santa Fe (BNSF)
Staff has reached out to our local contact, to find out how long it takes to get
the applications to establish a Quiet Zone approved. The response Brown
received was about a year, which was a little more than staff was expecting.
Brown then reached out to our contacts in Washington DC to get a status
updated and find out what else is needed to move our application forward.
Union Pacific Railroad (UPRR)
The contract to rebuild the electronic controls has been completed and closed
out $65,000 under budget.
Cheryl Viseth
Committee Secretary
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Construction Agreement for Willis St. and 4th Ave. S. Joint
Utility Trench with Puget Sound Energy
MOTION: Move to recommend Council authorize the Mayor to sign a
Schedule 74 Underground Conversion Construction Agreement with Puget
Sound Energy in an amount not to exceed $ 112,430.00 to underground
existing overhead power in the vicinity of the Willis Street and 4th Avenue
South intersection, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: Under this Schedule 74 Underground Conversion Construction
Agreement, Puget Sound Energy (PSE) will underground existing overhead power in
the vicinity of the Willis Street and 4th Avenue South intersection after completion
of the City’s joint utility trench construction project. This work is being completed
in advance of the 4th/Willis Roundabout.
The construction agreement with PSE addresses the cost sharing obligations
between the City and PSE. The City will need to reimburse PSE for 40% of PSE’s
construction costs.
BUDGET IMPACT: These construction agreement costs will be paid for with state
grant funding.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. 5 - Exhibit Willis Schedule 74 Construction Agreement (PDF)
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Construction Agreement, Attachment “B” to Schedule 74, Page 1
Intersection of Willis St and 4th Ave S. – Kent Sch74
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: Kent Willis and 4th – Sch74 Conversion
Project Number: 101118283
THIS Agreement, dated as of this ______ day of _______________, 20____, is made by and
between __The City of Kent____, a _Municipal Corporation_____ (the “Government Entity”), and PUGET
SOUND ENERGY, Inc., a Washington Corporation (the “Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area") with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of _March 11th, 2019_ (the "Design Agreement"), pursuant to which the parties
completed certain engineering design, cost assessment, operating rights planning and other preliminary
work relating to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Definitions.
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) “Company-Initiated Upgrade” shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
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Construction Agreement, Attachment “B” to Schedule 74, Page 2
Intersection of Willis St and 4th Ave S. – Kent Sch74
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
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Construction Agreement, Attachment “B” to Schedule 74, Page 3
Intersection of Willis St and 4th Ave S. – Kent Sch74
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) “Reimbursable Temporary Service Costs” shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(o) “Reimbursable Upgrade Costs” shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) “Shared Company Costs” shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement.
(q) “Shared Government Costs” shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) “Total Shared Costs” shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) “Work” shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) “Work Schedule” shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obligations of the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
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Construction Agreement, Attachment “B” to Schedule 74, Page 4
Intersection of Willis St and 4th Ave S. – Kent Sch74
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obligations of the Government Entity.
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work"):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
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.
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Construction Agreement, Attachment “B” to Schedule 74, Page 5
Intersection of Willis St and 4th Ave S. – Kent Sch74
(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6. Changes.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
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,
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Construction Agreement, Attachment “B” to Schedule 74, Page 6
Intersection of Willis St and 4th Ave S. – Kent Sch74
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade.
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
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Construction Agreement, Attachment “B” to Schedule 74, Page 7
Intersection of Willis St and 4th Ave S. – Kent Sch74
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
8. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
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Construction Agreement, Attachment “B” to Schedule 74, Page 8
Intersection of Willis St and 4th Ave S. – Kent Sch74
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons’ and entities’ Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty (20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
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Construction Agreement, Attachment “B” to Schedule 74, Page 9
Intersection of Willis St and 4th Ave S. – Kent Sch74
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party’s
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. Insurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $_________ per
occurrence and $__________ aggregate for personal injury; and $_________ per occurrence/
aggregate for property damages, and professional liability insurance in the amount of
$___________.
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
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Construction Agreement, Attachment “B” to Schedule 74, Page 10
Intersection of Willis St and 4th Ave S. – Kent Sch74
(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Independent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
(j) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
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Construction Agreement, Attachment “B” to Schedule 74, Page 11
Intersection of Willis St and 4th Ave S. – Kent Sch74
(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:
If to the Government Entity: City of Kent
400 West Gowe
Kent, WA 98032
Attn: Thomas Layrer
Phone: 253-856-5562
If to the Company: Puget Sound Energy, Inc.
6905 South 228th St
Kent, WA 98032
Attn: Hong 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 Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written or oral, with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity: Company:
CITY OF KENT PUGET SOUND ENERGY, INC.
BY BY
ITS ITS
Date Signed Date Signed
Approved as to form:
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101118283
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City of Kent – Willis St and 4th Ave S.
Schedule 74
PSE Project Number: 10118283
August 6, 2019
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 City and PSE.
Construction Work
This Conversion Project will replace PSE's existing overhead and install new electrical
distribution system with an Underground Distribution System within the following area (the
"Conversion Area"): intersection of Willis Street (SR 516) and 4th Avenue S, Saar Street, and
West Willis Street.
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
City of Kent
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City Responsibilities
Responsibilities of Parties
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 interruptions
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, backfill, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut-over and transfer of existing underground system
and service lines from the existing overhead distribution system to the new Underground
Distribution System.
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 returned to PSE's custody.
k) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to
the job site.
City of Kent
Willis St and 4th Ave S.
.
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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 for the installation of PSE's facilities in accordance
with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City.
Operating rights are further addressed in the Operating Rights section of this Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
o) Following notification from PSE that Construction Work is complete; provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Puget Sound Energy Responsibilities
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 notify the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
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 of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
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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.
Operating Rights
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.
Construction Work Schedule
The Construction Work will be performed in accordance with the following Work Schedule,
unless this schedule is revised by mutual agreement of the City and PSE or circumstances
beyond the reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Will be 2019 construction and is anticipated to be (25) working
days for duct and vault.
Installation and energization. of the Underground Distribution System: Will be energized in
2019 and is anticipated to take approximately (26) working days.
Removal of overhead facilities: Poles P01 (314147-165230), P02 (314131-165214), P04
(3141322-165247) & P07 (314096-165227) will be removed in 2019 and is
anticipated to take approximately two 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 Temporary Service: Temp services requested to be done on a
different project.
Work Schedule Restrictions: No work restriction anticipated at this time.
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for ninety (90) days from the date shown on the attached Construction Costs
Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not
fully executed within ninety (90) days from this date, the estimated costs shall be subject to
revision.
The scope of work provided for in the 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 Work. Work performed and/or costs incurred by PSE in response
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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 Work performed by PSE outside of the projected corresponding
construction years shall be subject to revision to reflect PSE Service Provider contract rates
which become effective 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 performance 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 Assumptions
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
1. 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.
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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 (60) 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) is used, associated cost will be allocated 100% to
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 a total 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
3:30 pm Monday through Friday excluding holidays. In the event that lane closures are
necessary for performance 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 interruptions caused by other construction activities.
3. PSE customers within the Conversion Area will experience interruption 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
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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
notify customers at least two (2) business days in advance of scheduled service interruptions.
Additional Considerations
Service Lines
Service lines within the Conversion Area must be modified or replaced to provide underground
service from the Underground Distribution System as 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 Design & 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.
Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported (held) due to excavation in
proximity to such poles, the City will coordinate with PSE to provide such support. The need to
temporarily support such poles shall be determined by PSE, and if required, such support shall be
provided by PSE. As used herein, "temporary support" means supporting one or more poles for
a continuous working period of ten hours or less.
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Acce ptance of Pro ject Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
BY____________________________ BY_______________________________
ITS____________________________ ITS_______________________________
Date Signed_____________________ Date Signed________________________
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Scope of Work
To: City of Kent
400 West Gowe
Kent, WA 98032
Attn: Thomas Leyer
Project Description:Sch 74 OH/UG conversion
Location:Willis Street and 4th Ave S
PSE Project Manager:Hong Nguyen
Activity:
PSE Order #:
40%40%60%
PSE Materials $100,304.92
PSE Construction Labor 190,344.00$ 83,592.00$ City Obligation $0.00
PSE Project Management $13,458.41 $8,863.91 PSE Obligation $0.00
PSE Inspection 33,965.00$
PSE Overheads 24,064.05$
Federal Income Tax $1,286.45 $34,176.27
Total Actual Costs:$14,744.86 $391,718.15 $83,592.00
TOTAL PROJECT VALUE:3
Date:12/31/2018
FACILITY CONVERSION/MODIFICATION BILLING DETAIL
The City of Kent requests PSE to convert OH/UG Sch74 at the intersection of Willis Street (SR 516) and 4th Ave S. The associated with
the portions of this projec are 40% reimbursable to PSE.
Customer Installed Duct and VaultPSE Construction Cost Estimate
101118283 101118283
PSE Design Cost Change Orders
City of Kent Credit for D+V:
101118283101118283
City Cost Share City Cost Share PSE Cost Share
City of Kent Obligation Incl/CO's:$162,585.20
$112,430.00
($50,155.20)
$490,055.00
City of Kent Invoice/Credit Amount:
Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868
Billing Detail Form 5/01
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Consultant Services Agreement for 4th Ave. S. and Willis St.
Roundabout with KPG, P.S.
MOTION: Move to recommend Council authorize the Mayor to sign a
Consultant Services Agreement with KPG in an amount not to exceed
$78,801.00 for drainage and landscape design for the Willis Street and 4th
Avenue South roundabout project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: Under this Consultant Services Agreement, KPG will prepare drainage
and landscaping plans, specifications, and cost estimates for the Willis Street and
4th Avenue South roundabout project.
BUDGET IMPACT: These consultant services will be paid for with state grant funds
and stormwater utility funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure
ATTACHMENTS:
1. 6 - Exhibit KPG 4th & Willis Roundabout Agreement (PDF)
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
KPG, P.S.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and KPG, P.S. organized under the laws of the State of Washington, located and
doing business at 3131 Elliott Ave., Suite 400, Seattle, WA 98121, Phone: (206) 267-1062, Contact:
Elizabeth Gibson (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide design support for storm drainage infrastructure, site
elements, landscaping, irrigation, and a surface water technical information report for the
4th Ave. S. and Willis St. Roundabout project. For a description, see the Consultant's Scope
of Work which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by July 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Seventy Eight Thousand, Eighty Hundred One Dollars ($78,801), for the services described
in this Agreement. This is the maximum amount to be paid under this Agreement for the
work described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed amendment to this
agreement. The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1)
year from the effective date of this Agreement. The Consultant's billing rates shall be as
delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant 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.
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:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant 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 Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant 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 Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant 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. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor 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. Consultant
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.
VII. INDEMNIFICATION. Consultant 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 Consultant'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 Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
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 Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant 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 Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant 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. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 Consultant's own risk, and Consultant 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.
XIII. 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
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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 VII 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 Consultant.
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.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant'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 Consultant 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 Consultant 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 Consultant 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.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Elizabeth Gibson
KPG, P.S.
3131 Elliott Ave., Suite 400
Seattle, WA 98121
(206) 267-1062 (telephone)
N/A (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)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
KPG - 4th & Willis Roundabout/Leyrer
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EEO COMPLIANCE DOCUMENTS - 1
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
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
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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KPG
lnterdisciplinary Design
City of Kent Public Works
4th and Willis Roundabout Finalstormwater, Site and Landscape Design
Exhibit A - Scope of Work
July 30th, 2019
Proiect Descri otion and Background
The City of Kent is designing a roundabout to replace the current intersection at 4th Avenue South and
Willis Street.
Under a previous contract with the City managed by the Parks Planning and Development Division, KPG
provided conceptual options and cost estimates for bicycle/pedestrian connectivity, green stormwater
infrastructure, placemaking, gateway and wayfinding signage, and landscape design for the corridor along
Willis Street stretching from the lnterurban Trail to the west edge of 3rd Avenue. As part of this previous
work, KPG also performed a preliminary stormwater design analysis, documented in a Preliminary
Stormwater Design Memorandum dated 6/13h9.
The City of Kent Public Works Engineering Department is performing the final design of the roundabout
and has requested that KPG provide design support for storm drainage infrastructure, site elements,
landscaping, irrigation, and a surface water technical information report (TlR) for the entire project.
Landscape and site element design for final design will be limited to providing design guidance for sidewalk
layout and pedestrian crosswalk nodes, ADA ramp design, landscape and irrigation plans for the
bioretention areas, and the roundabout and median strips. Site element design will include basic landscape
gateway elements within the roundabout area and sidewalk and crosswalk node treatments, and pedestrian
lighting features at the pedestrian crosswalk nodes. Additional landscape and urban design elements
developed during the previous phase of work will not be included at this time but may be added if funding
becomes available.
ASSUMPTIONS
¡ This scope of this work is through Bidding Phase
¡ Project deliverables will in PDF and AutoCAD Civil3D 20L8 format
¡ See additional assumptions listed for individual Tasks
PROVIDED BY KPG
. CAD layout of sidewalks and pedestrian crosswalk nodes in vicinity of roundabout
. ADA ramp design
¡ Surface Water Technical lnformation Report (TlR)
o Final design of bioretention facilities and curb cuts, including landscape design
. Recommendations for roadway illumination fixtures and armature
¡ Landscape, irrigation and pedestrian illumination design of medians and areas adjacent to the
roundabout
¡ Detailed cost estimate and special provisions for elements designed by KPG
¡ See deliverables lists for individual Tasks
Page | 1 4th and Willis Roundabout KPG
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I<PG
f nterdisclplinary Design
PROVIDED BYTHE CITY
The City will provide the following items:
o Electronic drawing files for ROW improvements, including:
. Survey base map, including existing utility information. Proposed roadway improvements (curb and pavement lines, channelization, roadway
lighting locations, utilities, grading)
. Proposed stormwater conveyance improvements within roundabout paved area
TAS K 1 MANAG EM ENT/ADM I N ISTRATI ON/COOR DI NATI ON
Task l" Objective: Management of project team throughout the duration of the project, coordination with
project owner, coordination with project team, development of invoices.
Task l- Work Elements:
Lt Project Management
1..2 Monthly Progress Reports and lnvoicing
1.3 Project coordínation meetings four (4), and one (1) site visit
1..4 QA/qc
Task 1 Deliverables
o Monthly progress reports including invoices, emailed.
¡ Meeting agendas and minutes, including summary of decisions made/needed resulting from design
coordination meeting and action items.
Task 1Æsumptions:
The Consultant wíll provide timely and immediate notification of any work items or project
developments constituting a change to the written scope of work and fee budget estimate and
schedule.
The Consultant will attend meetings with City Staff for project coordination, either in person or
teleconferencing as necessary.
The work of this task is estimated to be up to 2 months in length.
K 2 FINAL DESIGN -
Task 2 Objective: Consultant shall provide final design and documentation of stormwater elements for
the roundabout at the intersection of 4th Avenue S and Willis Street.
Task 2 Work Elements:
a
a
a
2.1,
2.2
2.3
Page | 2
Reviewfinal roundabout design and grading prepared by the City and measure new and replaced
impervious areas and delineate basin areas to proposed bioretention facilities. Coordinate with
City regarding gutter grading and curb cut locations.
Perform stormwater design calculations, including bioretention sizing and conveyance system
hydrology and hydraulic calculations.
Prepare Surface Water Technical lnformation Report to document the stormwater design.
4th and Willis Roundabout KpG
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lnterdisciplinary Design
2.4 Prepare storm drainage plans and details for stormwater elements outside of paved areas,
including curb cuts.
2.5 Prepare construction cost estimate.
2.6 Prepare special provisions in WSDOTformat.
Task 2 Deliverables
. TIR (draft and final)
¡ Storm drainage plans and details (600/o,100%), for areas outside of paved roadwayo I0O% progress print (PDF file) prior to finalizing the 100% plans and details¡ Cost estimate (60%, rc}%)
. Special Provisions (60%,1,0O%)
Task 2 Assumptions:
o IO0% plans, specifications, and estimate will be completed within two (2) months from Notice to
Proceed.
. Turnaround time for City comments will be one (L) week.
o Final design of stormwater elements will be based on the design concept presented in KpG's
Preliminary Stormwater Design Memorandum dated 6/13/19.
¡ The City will prepare storm drainage plans for drainage infrastructure within the paved areas of the
roundabout, with pipe connections for bioretention overflow structures to be designed by KPG.
Drainage conveyance calculations to be performed by KPG will include all new storm drainage
infrastructu re associated with the rou ndabout.
¡ lt is anticipated that the following plan sheets will be provided for the 60% and 1O0% submittals:
o L Storm Drain Plan Sheet (1-"=20')
o 3 Bioretention Layout and Grading Sheets (1"=5')
o L Swale Regrading Plan and Profile Sheet (1-"=30')
o L Bioretention Detail Sheet
¡ The City's geotechnical consultant will provide additional infiltration testing and geotechnical
recommendations for final bioretention locations. Consultant will provide sketch with required
infiltration test locations.
TASK 3 FINAL DESIGN - SITE.DSCAPE AND IRRIGATION
Task 3 Objective: Consultant shall provide final design for site elements, ADA ramp design and
landscaping for the roundabout at the intersection of 4th Avenue S and Willis Street.
Task 3 Work Elements:
K,PGi
Prepare CAD layout of sidewalks and ADA ramps in vicinity of roundabout, and pedestrian
crosswalk node areas.
Provide ADA ramp design (8 ADA ramps included) and plans for pedestrian crosswalk connections
in vicinity of roundabout.
Prepare site element plans and details for roundabout area (including minimal gateway hardscape
treatment), sidewalk finish details, pedestrian crosswalk node treatments and pedestrian lighting
or accent lighting custom details as required.
Prepare landscape plans and details for bioretention, sidewalk, roundabout and median
4th and Willis Roundabout KpG
3.L
3.2
3.3
3.4
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KPGi
lnterdisciplinary Design
landscaping associated with roundabout construction.
3.5 Prepare irrigation plans and details for bioretention, sidewalk, roundabout and median
landscaping associated with roundabout construction.
3.6 Prepare construction cost estimate.
3.7 Prepare special provisions in WSDOT format.
Task 3 Deliverables
. CAD layout of sidewalks and pedestrian crosswalk nodes, including ADA ramps.
. ADA Ramps, site elements, planting and irrigation plans and details (60%,tOO%)
o IO0% progress print (PDF file) prior to finalizing the 100% plans and details
o Cost estimate (60%, t00%)
. Special Provisions (60%,IO0%)
Task 3 Assumptions:
. I00% plans, specifications and estimate will be completed within two (2) months from Notice to
Proceed.
. Turnaround time for the Cíty comments will be one (L) week.
¡ The City will provide flowline elevations and will coordinate elevations for ADA ramp design with the
Consultant. The City willset grades at detectable warning surfaces across the nosing area splitter
island openings for ped refuge. The City will provide channelization layout, signage and confirm
crosswalk alignment options to provide adequate sight distance and setback lengths at edge of
circulatory ioadway (at RAB).
¡ lt is anticipated that the following plan sheets will be provided for the 60%and l"0O% submittals:
o 2 ADA Access Ramp Sheets
o 1 Site Element Plan Sheets
o 2 Site Element Detail Sheets
o 2 Landscape Plan Sheets
o 2 Landscape Schedule and Detail Sheets
o 2 lrrigation Plan Sheets
o 2 lrrigation Schedule and Detail Sheets
¡ Consultant will provide specifications and cut sheets for pedestrian lighting luminaire and poles
and/or accent lighting fixtures (including desired locations for pedestrian lights and accent lighting)
for the City's incorporation into the illumination plans.
¡ Consultant will provide recommendations for roadway luminaire fixtures and armature for review
by City.
o Consultant will provide any custom pedestrian illumination details for installation as required.
. Project management is part of Task 1-.
TASK 4 SUPPORT DURING BIDDING
Task 4 Objective: Consultant shall assist the City with project advertisement and award
Task 4 Work Elements:
4.1" The consultant will assist the City with project advertisement and award. This work may include
response to bidder questions, preparation of addenda and other services as requested by the
City.
Page | 4 4th and Willis Roundabout KpG
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lnterdlsclpllnary Deslgn
Task4 Deliverables:
¡ Addenda, as required
Task 4 Assumptions:
a Project management is part of Task L
Other Services
The City may require other services of the Consultant. These Services could include other work tasks not
included in the scope of work.
The scope of these services will be determined at the sole discretion of the City. At the time these services
are required, the Consultant shall provide a detailed scope of work and estimate of costs. The Consultant
shall not proceed with the work until the City has authorized the work and issued a notice to proceed.
Page | 5 4th and Willis Roundabout KPG
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Exh¡b¡t B
Hour and Fee Est¡mate
Cl¡ent: C¡ty ol Kent
Proiect: 4th and W¡ll¡s Roundabout F¡nal Stormwater and Landscape Des¡gn
KPG PROJECT NUMBER: 19029
DATE:
KP(G
Total Hil¡s and labor Fæ
Esl¡mle by Task
Feê
fask 1 - Pro¡ecl MânagemenvMeetings and Coordinat¡on
s ', 175 00
s 632 00
$3.780.00
s 4 272 ñO
$ 9,859.00
fask 2 - Final Stormwater Oesign
s t 1¿o oo
$ 3,544.00
$7.824.00
s 15.548.00
$ 1,304.00
$1.104.00
Task 44 0 24 0 0 0 152 0 16 0 236 $ 31,464.00
Task3-FinalSite,and lrr¡gat¡on Design
CAD of
$ 15.848.00
ù 5.744.OO
$ 4,276.00
$2.336.00
$2.956.00
$2.7c'4.OO
$ 35,460.00
Task 4 - Support Dur¡ng Bidd¡ng
$'1.868.00
$ 1,868.00
$ 78,65f .fi'
15ôôO
$150.00
$ 78,801.q)
Hdrs
I
4
24
24
60
1Â
28
Þu
116
'10
6
122
50
40
24
20
290
12
12
Total l-abof Hours and 100 47 24 2 0 58 2æ 3 26 70 598
Tolal Re¡mbuHble Expens€
Total Est¡mated Budgel
Landsape
Technic¡an
Yãin Sh¡,
Tristan Fields
0
24
24
6
70
0
CAD
Tæhn¡cian
Mark Mcclure
tfit
0
16
2
2
2
2
10
0
Sr- Admin
Geôrgeanne
Sm¡lh
fi5
3
3
0
0
Dsign
Eng¡neer
K¡rst¡n Powers,
Bryce Corrigan
117
4
4
12
24
48
60
I
8
4
108
4
4
Prcjæt Land-
Arch.
Coreen Schmidt,
Phuong Nguyen
1
4
4
tb
12
12
54
0
Prcjecl
Êng¡n€er
Kelsêy
Anderson
140
0
0
0
Bus¡ness
Manager
Suzy Rowe
150
2
2
0
0
Sr, Prcjæt
Eng¡nær
Ray Edral¡n
166
0
24
0
0
Urban Design
Mgr
Liz G¡bson
't66
5
2
I
a
23
I
2
4
2
2
20
4
4
Sr. Eng¡neer
Kirk Sm¡lh,
Ol¡via
Paræchiv
184
I
24
4
4
12
16
2
6
24
2
2
2A
4
4
Task Descript¡on
Proiect l\¡anaoement (aoDrox. 2 ¡¡onths)
Monthlv Pro¡ect Reoons and lnvoicino
Proiect Coordinât¡ôn Meetinos ân.l Silê Visit /5 tôlâlì
QA,/QC
Task Tota
Review Roundabout Grâdino
Perform Stormwater Design Calculations
rrepare TIR
trepare Storm Drainaoe Plans and Details
rrepare Cost Est¡mates
)repare Special Provisions
>repare ADA Ramp Access Desion
rrepare Site Element Plans and Details
rreoare LandscaDe Plans and Details
rrepare lrrigation Plans and Details
rrepare Cost Estimates
rrepare Spec¡al Provisions
Task Total
Provide Support Durinq Biddinq, As Reauested
Task Total
Task No.
12
1.3
14
2.1
2.2
24
2.6
3.4
3.5
3.6
4.1
Re¡mbursable Direcl Non-Salary Costs
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EXHIBIT C 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 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide the Aggregate Per
Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an 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.
4. Professional Liability insurance appropriate to the Consultant’s
profession.
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 $2,000,000 each occurrence, $2,000,000 general
aggregate.
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EXHIBIT C (Continued)
3. Professional Liability insurance shall be written with limits no less
than 2,000,000 per claim.
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 DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Sound Transit Federal Way Link Extension Property
Acquisition
MOTION: Recommend Council authorize the Mayor to sign a quit claim
deed to Sound Transit for a 186 square-foot portion of King County Tax
Parcel No. 282204-9017, along with a temporary construction easement on
the same parcel that will remain in effect until December 31, 2024.
SUMMARY: Sound Transit is proceeding with its Federal Way Link Extension, and
needs to acquire a 186 square ft portion of King County Tax Parcel No. 282204-
9017 in fee from the City. Sound Transit also needs a temporary construction
easement of 240 square ft on the same parcel from the City.
An offer was made by Sound Transit, under threat of condemnation, to compensate
the City $300 for the fee acquisition and temporary construction easement
combined. This amount was based on fair market value determined by an appraisal
conducted on behalf of Sound Transit, which determined the value for the fee
portion of the property to be $200, and the TCE at $30. Sound Transit’s minimum
offer is $300 so their offer was rounded up to that amount.
Staff has reviewed the appraisal and recommends that Council authorize the Mayor
to sign the quit claim deed and temporary construction easement to complete these
transactions.
BUDGET IMPACT: N/A
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. 7 - Exhibit Quit Claim Deed and TCE-FINAL (PDF)
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O Ctricago fitle Insurance C,ompany
WHEN RECORDED RETIIRN TO
Name:
Address:
City, State, Zip
Tax Account Number: 282204-9017 -00
City of Kent
701 sth Avenue, Suite 3400, Seattle, Washington 98104
LPB No. 12
QUIT CLAIM DEED
THE GRANTOR, City of Kent, a municipal corporation, for and in consideration of Three-hundred and
No/100ths dollars ($300.00) conveys and quit claims to the Central Puget Sound Regional Transit Authority, a
regional transit authority organized under the laws of the State of Washington, all interest in the following
described real estate, situated in the County of King, State of Washington, together with all after acquired title of the
grantor(s) herein:
THAT PORTION OF THE EAST 16.00 FEET OF THE WEST 33.00 FEET OF LOT 45, SECOMA HI.WAY
TRACTS, ACCORDINC TO THE PLAT THEREOF RECORDED IN VOLUME 37 OFPLATS, PAGE 42, IN
KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ATTHE SOUTHEAST CORNER OF SAID EAST I6.OOFEET;
THENCE, ALONC THE EASTERLY LINE OF SAID EAST I6.00FEET. NOI"1?'45"8 A DISTANCE OF
1 1.81 FEET;
TI{ENCE. LEAVING SAID EASTERLY LINE, N89" 17'39''W A DISTANCE OF 1 6.00 FEET TO THE
WESTERLY LINE OF SAID EAST 16.OOFEET;
THENCE, ALONG SAID WESTERLY LINE, SOI'I2'45''W A DISTANCE OF 1I.34 FEETTO THE
SOUTHWEST CORNER OF SAID EAST 16,00 FEET;
THENCE, ALONG THE SOUTHERLY LINE OF SAID EAST 16.00 FEET, S87'36'54''E A DISTANCE OF
16.OOFEET TO THE POINT OF BEGINNING.
CONTAININC 186 SQUARE FEET, MORE OR LESS
DATED
(i on afrrrc'
Print Nqme
STATE OF WASHINGTON )
COUNTY OF
onthisdayof-beforeme,theundersigned,anotarypublicinandfortheStateof
Washington, duly commissioned and sworn, personally appeared known to
me to be the individual(s) described in and who executed the within instrument and acknowledged that
-
signed and sealed
the same as _ free and voluntary act and deed, for the uses and purposes herein mentioned.
Printed Name:
Notary Public in and for the State of Washington
Residing at
ss.
My appointment expires
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WHEN RECORDED RETURN TO:
Sound Transit
Real Property Division
401 S. Jackson Street
Seattle, WA 98104-2826
TEMPORARY CONSTRUCTTON EASEMENT (SHORT TERM GENERAL CONSTRUCTTON)
Grantor(s): Gity of Kent, a municipal corporation
Grantee: Gentral Puget Sound Regional Transit Authority
Abbreviated Legal Description: PTN SE 1/a, SEC 28-22-4E
Assessor's Tax Parcel No(s): 282204-9017
ROW No(s): FL3o1
;City of Kent, a municipal corporation, ("Grantor"), is the owner of real property located
in the City of Kent commonly known as*no site address*, King County, Washington, 98032,
and more particularly described in the legal description attached as Exhibit "A1,Grantor's Entire
Parcel ("Propefty").
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit
authority of the State of Washington ("Grantee"), is developing high capacity transit service in the
central Puget Sound region, including the Link light rail system. Grantee is constructing a portion
of the Link light rail system called the:Federal Way Link Extension ("Project").
Grantee desires to use a certain portion of the Property in connection with the construction,
operation and maintenance of the Link light rail system.
AGREEMENT
1. Grant of Easement. Grantor , for and in consideration of the public good and other
good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by
Grantor, hereby conveys to Grantee, its successors and assigns, a temporary construction
easement ("Easement")within, over, across, through, under, and upon the portion of the Property,
more particularly described in the attached Exhibit "B" and depicted in Exhibit "C" ("Easement
Area").
2. Purpose of Easement. Grantee, its agents, contractors and permittees may use
the Easement Area, including entry into private improvements located in the Easement Area, for
the purpose of construction (which may include, but not be limited to: parking lot reconstruction,
drainage, retaining walls, street connections, and to temporarily and permanently re-grade slopes
and make cuts and fills to match new driveways, parking lot areas, street grade, sidewalks and
retaining walls). When deemed necessary by Grantee, Grantee may fence all or a portion of the
Easement Area from time to time during the performance of the work described herein ("Grantee's
Work"). Grantee shall at all times ensure that the Easement does not unreasonably interfere with
Grantor's access to the Property from the adjacent public right-of-way.
ln the event Grantee's utility connection work requires access to portions of the
Property in addition to that depicted in Exhibit "C", Grantee may enter into such additional property
for the purpose of reconnecting utilities that serve the Property and such entry will be governed
by the terms of the Easement.
Grantee shall be entitled to apply to public authorities having jurisdiction for any
and all permits necessary for the purposes described herein. Grantee shall be responsible for all
Temporary Construction Easement-Short Term-General
Form approved by Civil 10/06/1 7
Last saved byJames Chung on 1113119
ROW #: FL301
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work performed under such permit(s), along with any and allfees which may accrue during review
of Grantee's permit application and after issuance of such permit(s).
3. Restoration. Subject to Paragraph 4, below, in the event private improvements in
the Easement Area are disturbed or damaged by any of Grantee's Work, upon completion of such
Work, Grantee shall, at Grantee's discretion, replace them with hardscape, gravel, or hydroseed,
or restore them to a condition that is as good as or better than that which existed prior to the use,
or as negotiated separately; provided, however, that such restoration shall be consistent with
Grantee's project improvements and the purposes described in Paragraph 2.
During the Term, Grantee may, on an interim basis, restore the Easement Area to
a reasonably safe and convenient condition.
4. Term of Easement. The term of the Easement (the "Term") shallcommence upon
mutual execution of this agreement. Following commencement of the Term, Grantor shall not
make any material modifications or improvements to the physicalcondition of the Easement Area
that would interfere with Grantee's use of the Easement for the purposes described in Paragraph
2. Grantee will provide fourteen (14) days written notice to Grantor before commencing Grantee's
Work within the Easement Area. Grantee shall be entitled to use the Easement Area for the
performance of Grantee's Work for a period of Twenty-Four (24)consecutive months (the
"Construction Period"). During the Construction Period, Grantee's use of the Easement Area shall
be exclusive. The Easement will remain in effect until:December 31 ,2024 or until completion of
restoration of the Easement Area, if any, as provided for in Section 3 of this Easement, whichever
occurs first. Grantee may, at its option, extend the Term, including the exclusive Construction
Period, for up to an additionalsix (6) months.
5. Pavment for Easement. Grantee will pay Grantor Thirty and 00/100ths Dollars
($3O.OOtr upon recording of this Easement. lf Grantee requires additional exclusive use past the
Construction Period, asprovided for in Section 4, Grantee will pay Zero and 84/100ths Dollars
($.a+1 per month for each month or portion of a month, that Grantee uses the Easement Area for
the purpose described in Paragraph 2.
6. Representations and lndemnifications. Grantee will exercise its rights under this
Easement in accordance with the requirements of all applicable statutes, orders, rules and
regulations of any public authority having jurisdiction. Grantee will indemnify Grantor from and
against any and all claims, costs, liabilities, and damages that arise from the exercise of the rights
granted in this Easement by Grantee, its agents, contractors and permittees to the extent such
claims, costs, liabilities and damages are caused by an act or omission of Grantee, its agents,
contractors and permittees. To the extent permitted by RCW 4.24.115 Grantee's obligations under
this indemnity shall not apply to the extent that any such claims, costs, liabilities and damages
arise from the negligence of Grantor, or Grantor's employees, agents and contractors.
7. Bindino Effect. This Easement is sol ely for the benefit of Grantee, and is personal
to Grantee, its successors in interest and assigns. Grantee may permit third parties to enter the
Easement Area to accomplish the purposes described herein, provided that all such parties abide
by the terms of this Easement. This Easement, and the duties, restrictions, limitations and
obligations herein created, run with the land, burden the Property and are binding upon Grantor
and its successors, assigns, mortgagees and sublessees and each and every person who, at any
time, has a fee, leasehold, mortgage or other interest in any part of the Easement Area.
L lnsurance. During the Term, Grantee must maintain commercial general liability
insurance with reasonable limits of liability covering Grantee, its agents, contractors and
permittees as to the exercise of Grantee's rights under this Easement within the Easement Area.
Grantee must provide Grantor, on request, certificates of insurance evidencing such coverage.
Grantee may provide the coverage required herein under blanket policies provided that the
coverage is not diminished as a result.
9. Leqal Proceedinqs. Grantor and Grantee agree that in the event it becomes
necessary for either of them to defend or institute legal proceedings as a result of the failure of
the other to comply with this Easement, the prevailing party in such litigation will be entitled to be
reimbursed for all costs incurred or expended in connection therewith, including, but not limited
to, reasonable attorney's fees (including paralegalfees and fees for any appeals) and court costs.
10. Condemnation. This Easement is granted under the threat of condemnation
Temporary Construction Easement-Short Term-General
Form approved by Civil 10/06/1 7
Last saved by.James Chung on 1113/19
ROW #: FL301
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By:
Its:
11. Recordinq. Grantee will record this Easement in the real property records of
lfing County, Washington
iDated and signed this day of 201
Grantor: City of Kent, a municipal corporation
(Corporate)
STATE OF WASHINGTON
COUNTY OF King
I certify that I know or have satisfactory evidence that and
(is/are) the person(s) who appeared before me, and said
person(s) acknowledged that (he/she/they) signed this instrument, on oath stated that (he is/she
is /they are) authorized to execute the instrument and acknowledged it as the
and of
to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument
Dated:
Signature
Notary Public in and for the State of Washington
Notary (print name):
Residing at:
My appointment expires:
Temporary Construction Easement-Short Term-General
Form approved by Civil 10/06/17
Last saved byJames Chung on thghg'
ss.
]
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ROW #: FL301
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Dated and signed on this day of
Day
By:
Month
201-.
Year
Crantee: Central P
Its:
Approved as to Form
By:
Sound Transit Legal Counsel
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he is/she is) authorized
to execute the instrument and acknowledged it as theof CENTRAL PUGET
SOUND REGIONAL TRANSIT AUTHORIW to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
Dated
Signature:
Notary Public in and for the State of Washington
Notary (print name)
Residing at:
My appointment expires:
Temporary Construction Easement-Short Term-General
Form approved by Civil 1 0/06/17
Last saved by James Chung on 1113119 :
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SS.
ROW #: FL301
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EXHIBIT gA'
R/W No. FL30l
PIN 2822049017
CITY OF KENT, A MUNICIPAL CORPORATION
Grantorts Parcel:
THE SOUTH HALF OF THE WEST HALF OF THENORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON.
AND
TRACTS 21,22,29,34,31,32,47 AND THE EAST 16 FEET OF THE WEST 33 FEET OF TRACT 45,
SECOMA HI.WAY TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 37 OF
PLATS, PACE 42, IN KING COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED SOUTH 268TH STREET ADJOINI}.{C TRACTS 27,22,
31,32,29 AND 30.
SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON.
$rr- tD.&a.oc/+4"" * {'-Z't-t}
FL301 Legal.Doc John W. Gocdman $6t27t2018
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EXHIBIT "8"
R/WNo. FL301
PIN 2822049017
CITY OF KENT, A MTINICIPAL CORPORATION
Temporary Construction Easement Area Acquired by Grantee:
THAT PORTION OF GRANTOR'S PARCEL (SAID pARCEL BEING DESCRIBED IN EXHIBIT "A"),
MORE PARTICULARLY THAT PORTION OF THE EAST 16,00 FEET OF THE WEST 33.00 FEET OF LOT
45, SECOMA HI-WAY TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 37 OF
PLATS, PAGE 42, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST 16.00 FEET;
THENCE, ALONG THE EASTERLY LINE OF SAID EAST 16.00 FEET, NO1'I2'45"8 A DISTANCE OF
I1"8I FEET TO THE POINT OF BEGINNINC;
THENCE, CONTINUINC ALONG SAID EASTERLY LINE, NOIO12'45UE A DISTANCE OF 15.00 FEET;
THENCE, LEAVING SAID EASTERLY LINE, N89"I7'39"W A DISTANCE OF 16.00 FEET TO THE
WESTERLY LINE OF SAID EAST 16.00 FEET;
THENCE, ALONG SAID WESTERLY LINE, SOIOI2'45"W A DISTANCE OF I5.OO FEET;
THENCE, LEAVING SAID WESTERLY LINE, S89"I7'39"E A DISTANCE OF 16.00 FEET TO THE POINT
OF BEGINNING.
CONTAININO 240 SQUARE FEET, MORE OR LESS.
Jd- q).
FL30l Legal.Doc John W. Ooodman
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46t27t20t8
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FEE TAKE AND TEMPORARY CONSTRUCTION EASEMENT
E 112 SW 1/4 AND W 1i2 SE 1i4 SEC 28,T 22 N, R 4 E, W.M.
@ nec No.6262173; 16'ELEcrRrc ESMT
@ nec No.8oo912o8s7; 30'SEWER ESMT
REC NO" 8602270804 & 8603280852;
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S nrc No. 80031s0420; 7' ELEcrRrc ESMT
@ nec No. 79ioo3o6os; wALL AND
ESMT TO KING COUNTY
@ nec No. z910030607; sLoPE ESMT To
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FEE TAKE TEMP CONST ESMT
150 75 0 150 300 NAD 83 (2011)
SCALE IN FEET
NOTE:
PARCEL AREA IS TAKEN FROM
COUNTY ASSESSOR RECORDS.
TEGFND
LIGHT RAIL TRANSIT WAY
STREET RIGHT-OF-WAY LINE
STREET CENTER LINE
PLATTED LOT LINE
PROPERTY LINE
PARENT PARCEL
FEE TAKE LINE
EASEMENT LINE PERMANENT
EASEMENT LINE TEMPORARY
r'':
pARCEL AREA: 1,174,654 SF C6NST ESMT;__a{!S5
FEE TAKE AREA, *____1.89_9.[
REMAINING P,gE6: 1,174,468 SF
EXHIBIT'C"
RYW NO. FL-301 PARCEL MAP
ASSESSOR NO.2822449017 p41E 06/2712018
OWNER; qITY OF KE!!T
BLocK No":** xtA_ LoT No.r t!/4
CITY OF KENT KING COUNTY, WA
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Sourolnersr
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!E[ uN & ASS'.TATES
LINK LIGHT RAIL TRANSIT SYSTEM
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Surplus and Disposal of Materials (Public Utility funds –
Water Dept.)
MOTION: Recommend Council move to set October 15, 2019 as the public
hearing date to consider declaring certain public utility equipment and
materials as surplus.
SUMMARY: Through daily operations, the Water Department maintenance crews
accumulate used copper and brass fittings, pipe, wiring and water meters. These
components have been replaced and are no longer useful. There are approximately
400 used water meters and miscellaneous valves that need to be sold as scrap
metal. These items can be sold by the pound to local salvage dealers. We estimate
approximately 1000 pounds of copper and brass which have a monetary value
when recycled. (Estimated $1500)
RCW 35.94.040 requires that the city council hold a public hearing and adopt a
resolution to declare public utility equipment as surplus and to establish the
condition for disposition of the equipment that is in the best public interest.
Recommendation:
A resolution will be provided for consideration upon the close of the public hearing
to declare the equipment as surplus and to authorize the Public Works Director to
dispose of the equipment in the manner that best meets the public interest. This is
usually accomplished by sale at public auction.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure, Sustainable Services
ATTACHMENTS:
1. 8 - Exhibit (PDF)
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urrLrrY MATERTAL - SURPLUS (2019)
#4 Bins - Used brass & copper
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curent price for used coppel and brass and seattle wa
9{5t2019 zuner( price fur used @pper and brass and seattle wa - Google Search
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About 645,000 results (0./f seconds)
News Sl lmages i More settiilgs Tocils
Serap Metal Prices Per Pound
Metal Pdce.PerPound
Aluminum $1.75
\/ Brass $t.oo
\ / @ppet S3.13
lron $1.43
5 mor€ rcvvs ' Jan 34 2019
Washington Scrap Metal Prices - USA
https://www-priceofscrapmetalq.com r washington
O AboutFeaturedsnippets
People also ask
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Seattle lron & Metals Corporation
3.3 (12) 'Reeyeling center
601 S Myrtle St (206) 682-0040
Open .Closes 3:30PM
O Th6ir website mentioils cu?ent pricing
West Seattle Recycling
4-S (21) .Recycling cdnter
3881 16th Ave SW.(206) 935-4?55
Open .Closes 5:30PM
@ Their website mentions brass, copper, and current Brices
o
WEBSITE DIRECTIOITS
o
WEBSITE DIRECTIONS
WEBSITE DIRECIIONS
oPacific lron & Metal
4.5 (32) Recycling center
2230 4th Ave S. (206) 628-62,32
https://wwwgoogle.comlsearch?Q=cur..t+triqe+for+used+copper+and+brass+afld+seat$ewa&rlz=1 Ci GCEU_enUS821 US821&oq=cunent+price+f . , . 1/3
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West Seaff/e Recycling
206.935.4255
MowSat 9t5:30p
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ttle,+WA+981061@47.568578,-122.355595,161data=!4m5!3m4!1s0x549040497b3t7021:0x8ff334fl b2d98d02!8m2!3d47.5686396!4d-
MENU
Prices Paid for Your Recycling Materials
Aluminum Cans & Scrap, Brass, Copper, Steel, lron, Hi-Grade Paper and
Newspapers
0-
ALUMINIUM CANS
Quantity
under 25 lbs.
over 25 lbs.
over 100 lbs.
over 200 lbs.
Price / lb.
170
200
236
230
Requirements: All cans must be clean of scrap garbage, plastic, glass, cigarettes, paper and tin cans. Please empty all liquid. We will deduct for
moisture. We no longer can accept pet food cans and alum. foil and pie plates/trays mixed in with the cans. These must be separated - and we will
accept for no pay.
ALUMINUM SCRAP
Quantity
under 25 lbs.
over 25 lbs.
over 100 lbs.
lrony/dirty scrap aluminum
Extrusion, solids / clips, rims / wheels
lrony extrusion
Price / lb.
20(
230
260
5-6d
30-450,
22-280,
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Requirements: Scrap aluminum includes siding, door and window frames, auto and machine parts, lawn furniture, pots and pans. Remove all
contaminants such as nails, screws, rivets, bolts, wood, plastic, caulk and rubber to get full price. We no longer accept transmissions or heavy
irony aluminum engines effective Nov. 1, 2006
NEWSPAPERS
Quantity
under 500 lbs
over 500 lbs.
over 2000 lbs.
Price / lb.
26
21t20,
2 3t4 6,
Requirements: Please do NOT include junk mail, magazines, boxes, phone books, etc. You may bring in your paper bagged, or bundled, however
we will cut strings and remove plastic or paper bags at the scale.
HI GRADE PAPER
Quantity
white ledger / computer
color/coated
over 500 lbs.
Price / lb.
6-76
3O
4O
Requirements: Please remove junk mail, ream wrappers, self-adhesive stickers, cardboard,plastic, glued bindings, etc.
"L
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NON.FERROUS METALS
Quantity
copper #2
Price / lb.
$1.90-2.10
$1.75-1.85
insulated copper wire:
higrade
med grade
low grade
brass (red, yellow)
radiators (clean)
radiators (w/steel)
stainless steel (clean)
lead, zinc
irony non-ferrous
car batteries
$1.25-1.30
$.65-.e5
$.25-.35
$1.20-1.45
$.70-1 .15
$.50-.70
17-250,
20-350
10-50d
$5.00 each
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9t5t2019 Metal Recycling Prices From LFB Trading LLC of Kent, WA
PHOTO GALLERY MAPHOME ABOUT US PRODUCTS & SERVICES
CONTACT US
Metal Recycling Prices
Metal Resale Seruices
Why Choose Us?
. Pricing - We get the best current price for
copper, aluminum, steel, etc.. Lowest cost for handling means better value
for you,. Low overhead. Honest and reliable service. Honest weights
We research the market to find the best
available pricing to sell your materials, so you
get the highest possible value for your metal.
How do we determine what your metal is wofth?
Pricing is based upon two methods:
. Spot. Formula Based
Current Metals Pricing Chafts:
Ifbtrading.com/metal-pricing.asp 1t3
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Copper
9t5t2019 Metal Recycling Prices From LFB Trading LLC of Kent, WA
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HOME ABOUT US PRODUCTS & SERVICES
CONTACT US
PHOTO GALLERY MAP
Brass Rad iator
HMS 80/20
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9t512019 Metal Recycling Prices From LFB Trading LLC of Kent, WA
LFB Trading LLC
26L33 TBth Ave S, Kent, WA 98032
Bud Barilani, 253-549-9586
Home
Contact Us
Copyright 2017
Website Design by Dragonwyck@ Web Design L.L.C.
prago.trgcle W.b Pt6dF
lf you have questions or comments about this website,
please contact the Webmaster
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Ron
From:
Sent:
To:
Subject:
Kimberly < kimberly@ binfordmetals.com >
Thursday, September 05, 2019 1:43 PM
Green, Ron
RE: Copper and brass rates
From: G reen, Ron <RGreen@kentwa.gov>
Sent: Thursday, September 5, 201-9 I:22 PM
To:' recycling@ bi nford m eta ls.com' < recycling@ bi nfo rd meta ls.com >
Subject: Copper and brass rates
Hi can you tell me what your purchase rates are for brass and copper ( City of Kent - used water meters) Thanks, Ron
Green
S1.00LB water meters
How much weight do you have?
lf you have clean Brass, and clean copper- lwill need to knowwhat it is before lquote
Thank you
Kimberly
Binford Metals
253-205-6466
EXTERNAL EMAIL
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KENT
PU BLIC WORKS OPERATIONS
David Brock, P.E., Deputy Director Operations Manager
Phone: 253-856-5600
Fax: 253-856-6600
Address: 220 Fourth Ave S
Kent, WA. 98032-5895
Memorandum
WA S H I N G T o N
Date:
To:
Through:
From:
Subject:
Kent City Council
Tim LaPorte, Director, Public Works
Dave Brock, Deputy Director, Public Works
John Johnson, Warehouse Supervisor
Request Authorization for Recycling
Public Works Operations warehouse has the following equipment/parts that can no longer
be used:
Approximately 400 water meters which are not functioning properly and are unable
to be rebuilt. Malfunctioning meters can have a detrimental impact on water
revenues if they do not register accurately. These meters have also been
superseded by newer models.
a
\4 Approximately 1000 pounds of unusable brass fittings and copper pipe removed
during the r
Space at Public Works Operations shops is extremely limited making the need to remove
unusable materials imperative. Therefore, we are requesting to recycle this material.
The items described above can be sold for scrap by the pound; the approximate value is
$1,500. Although not required, I would request per pound bids from at least three
potential buyers,
Concur:
Dave Brock, Deputy Director, Operations Manager, Public Works
Concur
Tim LaPorte, Director, Public Works
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: PSE Easement for 640 Pressure Zone North Pump Station No.
1
MOTION: Move to recommend Council authorize the Mayor to sign all
documents necessary to provide Puget Sound Energy an easement for
power service on parcel No. 1722059184 for the 640 Pressure Zone North
Pump Station; subject to the final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: In 2008, the City identified the need to increase water pressures in
the high elevation areas of the Kent water service area to meet regulatory
requirements. Hydraulic modeling and system planning was performed,
culminating in an adopted plan to construct a 640 Pressure Zone. Since 2008,
many of the required system improvements have been constructed - 640 Tank
(2010/11), 112th Avenue Water Main (2013), 3 Large Pressure Reducing Valves
(2015), 550 Small Individual Pressure Reducing Valves (2018), and other water
main and isolation valve improvements constructed by Operations personnel.
The construction of the 640 Pressure Zone North Pump Station and one remaining
Large Pressure Reducing Valve are two remaining projects to be constructed.
Council awarded the construction contract for the Pump Station to Prospect
Construction Inc. on 12/11/2018. Operations staff will construct the remaining
Large Pressure Reducing Valve as part of their 2019 Work Plan. Upon completion of
these remaining improvements, the northern portion of the 640 Pressure Zone will
be activated. It is anticipated this will occur in the fall of 2020. Once activated, the
residents within the area will realize a water pressure increase of nearly 25 pounds
per square inch – almost doubling the current water pressure for residents in the
high elevation areas.
Puget Sound Energy (PSE) is the area service provider for electricity. A PSE owned
power transformer needs to be installed on City owned property to provide power
to the new North Pump Station. PSE requires an easement from the City for the
transformer installation and maintenance.
BUDGET IMPACT: Other than minimal staff time, there is not budgetary impact to
the City for providing PSE an easement.
SUPPORTS STRATEGIC PLAN GOAL:
9
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Thriving City
ATTACHMENTS:
1. 9 - Exhibit Kent Pump Station Easement (PDF)
9
Packet Pg. 66
PSE UG Electric Easement 2019
WO105088457 / RW-110617
Page 1 of 5
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Department
PO Box 97034 / EST-06W
Bellevue, WA 98009-9734
Attn: AY
EASEMENT
REFERENCE #:
GRANTOR (Owner): CITY OF KENT
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: PORTION OF SE ¼ SEC. 17, TWP. 22 N., RNG 05 E., W.M., K.C.
ASSESSOR’S PROPERTY TAX PARCEL: 172205-9184
For and in consideration of good and valuable consid eration, the receipt and sufficiency of which are hereby
acknowledged, CITY OF KENT (“Owner" herein), a Washington municipal corporation, hereby grants and conveys
to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below,
a nonexclusive perpetual easement over, under, along across and through the following described real property (the
"Property" herein) in King County, Washington:
EAST 264 FEET OF THE NORTH ½ OF NORTHWEST ¼ OF SOUTHEAST ¼ OF
SOUTHEAST ¼ OF SECTION 17, TOWNSHIP 22 NORTH, RANGE 05 EAST, SITUATED IN
THE CITY OF KENT, COUNTY OF KING, AND STATE OF WASHINGTON
Except as may be otherwise set forth herein PSE's rights shall be exercised u pon that portion of the Property
("Easement Area" herein) described as follows:
SEE EXHIBIT “A” AND “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, mai ntain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic
cable and other lines, cables and facilities for communications; semi -buried or ground-mounted facilities and
pads, manholes, meters, fixtures, attachments and any and all other facilit ies or appurtenances necessary or
convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such
additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over
and across the Property to enable PSE to exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut,
remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the
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PSE UG Electric Easement 2019
WO105088457 / RW-110617
Page 2 of 5
right, but not the obligation, to control, on a continuing basis and by any prudent a nd reasonable means, the
establishment and growth of brush, trees or other vegetation in the Easement Area.
3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE’s sole judgment, interfere with or create a
hazard to PSE’s systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify
such trees and make a reasonable effort to give Owner prior notic e that such trees will be cut, trimmed, removed or
disposed. Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut
and removed from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE’s work to the
condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case
Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed
as soon as reasonably possible after the completion of PSE’s work and shall be coordinated with O wner so as to
cause the minimum amount of disruption to Owner’s use of the Property.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, O wner shall not excavate within or otherwise
change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area
and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written conse nt.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of
the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall
require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the
negligence of others.
7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE’s failure to install its systems on the Easement
Area.
8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all
of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the
foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns.
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PSE UG Electric Easement 2019
WO105088457 / RW-110617
Page 3 of 5
DATED this _______ day of ________________________________, 20_____.
OWNER: CITY OF KENT, a Washington municipal corporation
By: ___________________________________
Signature
___________________________________
Print name
Its: ___________________________________
title
STATE OF WASHINGTON )
) SS
COUNTY OF ___________ )
On this _______ day of ______________________, 20_____, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
________________________________________________________, to me known t o be the person(s) who signed
as ______________________________________________________, of CITY OF KENT, a Washington municipal
corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free
and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said
corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
__________________________________________________
(Signature of Notary)
__________________________________________________
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at ________________________________________________
My Appointment Expires: ______________________________
Notary seal, text and all notations must be inside 1” margins
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EXHIBIT
TAX LOT 1722Q59184
EASEMENT
THE SOUTH 3O.OO FEET OF THE NORTH 139,00 FEET OF THE WEST 13.00 FEET OF
THAT PORTION OF THE EAST 264 FEET OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
17, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,:
CONTAINING 390 SQUARE FEET, MORE OR LESS
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LOCATED IN THE SE 1/4 OF THE SE
1i4 OF SEC 17, TOWNSHIP 22 N,
RANGE 5 E, W.M.G
CITY OF KENT
LAND SURVEY SECTION DATEi 1l19l2O1B
SCALE: 1"=60'
DRAWN BY: TLM
EXHIBIT
BLUE BOY
UTILITY EASEMENT
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# 1722059049
I 13'
390 SO. FT
PARCEL
# 1722059184
SE 236TH PL
PRIVATE ROAD
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# 1722059281
IMPORTANT:
THIS IS NOT A SURVEY. IT IS FURNISHED AS
A CONVENIENCE TO LOCATE THE LAND
INDICATED HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO LIABILIry
IS ASSUMED BY REASON OF RELIANCE
HEREON.
Project# 16-3012
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LOCATED IN THE SE 1/4 OF THE SE
1i4 OF SEC 17, TOWNSHIP 22 N,
RANGE 5 E, W.M.G
CITY OF KENT
LAND SURVEY SECTION DATEi 1l19l2O1B
SCALE: 1"=60'
DRAWN BY: TLM
EXHIBIT
BLUE BOY
UTILITY EASEMENT
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# 1722059049
I 13'
390 SO. FT
PARCEL
# 1722059184
SE 236TH PL
PRIVATE ROAD
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IMPORTANT:
THIS IS NOT A SURVEY. IT IS FURNISHED AS
A CONVENIENCE TO LOCATE THE LAND
INDICATED HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO LIABILIry
IS ASSUMED BY REASON OF RELIANCE
HEREON.
Project# 16-3012
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: PSE Power Service Upgrade for 640 Pressure Zone Pump
Station No. 1
MOTION: Move to recommend Council authorize the Mayor to sign a
Commercial Electric Facilities Contract with Puget Sound Energy in an
amount not to exceed $139,242.77, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: In 2008, the City identified the need to increase water pressures in
the high elevation areas of the Kent water service area to meet regulatory
requirements. Hydraulic modeling and system planning was performed,
culminating in an adopted plan to construct a 640 Pressure Zone. Since 2008,
many of the required system improvements have been constructed - 640 Tank
(2010/11), 112th Avenue Water Main (2013), 3 Large Pressure Reducing Valves
(2015), 550 Small Individual Pressure Reducing Valves (2018), and other water
main and isolation valve improvements constructed by Operations personnel.
The construction of the 640 Pressure Zone Booster Station and one remaining Large
Pressure Reducing Valve are two remaining projects to be constructed. Bids will be
solicited within the next 3 months for the construction of the Booster Station.
Operations staff will construct the remaining Large Pressure Reducing Valve as part
of their 2019 Work Plan. Upon completion of these remaining improvements, the
northern portion of the 640 Pressure Zone will be activated. It is anticipated this
will occur in the fall of 2020. Once activated, the residents within the area will
realize a water pressure increase of nearly 25 pounds per square inch – almost
doubling the current water pressure for residents in the high elevation areas.
Puget Sound Energy (PSE) is the area service provider for electricity. Three-phase
power is needed to operate the pumps at the City of Kent’s Pump Station which will
service the new 640 pressure zone. Currently there is no three-phase power along
112th Ave SE or SE 236th PL. For this contract, PSE will complete the following
functions: trim trees along 112th Ave SE, install heavy duty cross arms on the
current power poles, replace an existing power pole with one large enough to install
the necessary fuse box, route power through an existing conduit to the City of Kent
property, install new transformer, and route power to a meter on the new Pump
Station #1 building. The City of Kent will provide a 50’ ditch to install conduit from
the replaced pole location to an existing junction box.
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BUDGET IMPACT: There is no Unbudgeted impact as this cost was planned for in
the 640 Pump Station #1 project capital budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
ATTACHMENTS:
1. 10 - Exhibit PSE Commercial Electric Facilities Contract (PDF)
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COMMERCIAL ELECTRIC FACILITIES CONTRACT
Contract is subject to
revision after 90 days
Summary of Charges:
Date
Customer Initials:
PSE WORKORDER NO.
CUSTOMER (OWNER) NAME CO-OWNER NAME (IF APPLICABLE)
SERVICE ADDRESS CITY STATE ZIP
BILLING ADDRESS CITY STATE ZIP
PHONE EMAIL
Customer Initials
Brief Description of Work:
Construction Costs:
Transformation Charges:
Less Applicable Margin Allowance:
Sub-Total (Potential Refundable Costs):
Permitting Fees*:
Relocation/Removal of Existing Facilities:
Other Non-Refundable Construction Charges:
Sub-Total (Non-Refundable Costs):
Total Amount to be Billed Under This Contract:
Brief Description of Other Costs:
Secondary Service Type (480 Voltage or Below) Base Cost
Single wire run to handhole or transformer $611.12
Each additional run of wire(per circuits) $140.60
Each additional trip beyond 1st trip due to customer requirements $418.48 per trip
Hourly rate for additional engineering $182.67
Underground Temporary Service Charge $182.00
Overhead Temporary Service Charge $260.00
Overhead Permanent Service Charge $1,039.57
SECONDARY SERVICE CHARGES (PERMANENT AND TEMPORARY) ARE NOT INCLUDED IN THE SUMMARY OF CHARGES ABOVE
Any applicable Secondary Service Type charges listed below will be billed after your service line installation, based on the actual work
performed. Base Costs, in the table below, include Schedule 87 tax and are current costs effective 11/1/2018. These charges also do not
include permitting fees, trenching and other excavation related work that is your responsibility. The Secondary Service Type charges from the
list below that apply to your project will be invoiced on a second bill.
By signing this contract you are authorizing PSE to continue with all the needed elements to complete your project. Upon
receipt of a signed contract, PSE will bill you for the amount indicated on the “Total Amount to Be Billed Under This
Contract” line. The bill will sent to the billing address listed on this contract. PSE requires payment of these line extension
charges prior to scheduling construction. Payments can be made via pse.com (fees may apply), by mail, or at a PSE Pay
Station. Delaying payment may result in a construction delay for your project. Customer requested changes in the scope
of the project may result in additional charges, and/or delays to your project.
*If the above Permitting Fees are associated with service work only, those costs will be billed with the applicable service
charges below after the service is energized.
Signature:Name:Title:Date:
WA
$
$
$
$
$
$
$
$
$
DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104
bbond@kentwa.gov
136833.54
Kent
0
0
Kent
11302 SE 236th PL
139242.77
0
2409.23
220 4th Ave S WA
105088457
0
Installing 3 - 3 phase overhead line extension, 1 overhead
to underground 3 phase line extension, and 1 - 3 phase
padmount transformer.
-Permitting: $2,409.23
-Labor: $56,399.3
-Material: $28,869.8
-Transformation: $5,906.88
-Tree Trimming: $45,657.56
TOTAL NON-REFUNDABLE: $139,242.77
City of Kent - Water
0
98032
253-856-5662
139242.77
98031
Non-refundable charges due to high LRC, extensive tree
trimming, and forfeiting operating rights to PSE.
09/09/2019 10.a
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TERMS AND CONDITIONS
PROJECT INFORMATION
1.The PSE drawing shows the proposed scope of your project including the location of permanent, above ground
electrical facilities required to provide electrical service to your project. Fault current information for transformers
associated with your project is noted on the work sketch drawing. Please review this drawing as soon as possible
to ensure there are no unforeseen conflicts between PSE’s design and your project. If you determine there are
conflicts or if you identify a discrepancy while reviewing the drawing for your project, please contact me at the
number below. This is attached as Exhibit A.
2.Additional construction-related information and information on metering and service entrance requirements
areprovided in PSE’s Electric Service handbook for commercial projects. If you would like a copy of the
handbook please contact me at the number below. It is your responsibility to provide your project manager, site
superintendent, and/or subcontractors with any relevant information from this correspondence that apply to their
work in support of your project.
3.The Excavation Requirements & Final Grade Certification must be signed by the project owner or designee and
returned to me along with a signed copy of this contract. This is attached as Exhibit B.
4.Transformers have been sized for diversified commercial loads only, and shall not be used for high load factor
(continuous) temporary power uses, such as electric heaters for dry-out. Fault currents for non- residential
transformers in your project are noted on the attached PSE design drawing. Please notify the PSE representative
listed on this contract immediately if you believe there are conflicts between this design and your project. It is
your responsibility to provide your project manager, site superintendent, and subcontractors with any information
from this correspondence and it’s attachments that apply to their work.
POTENTIAL REFUNDS
Margin Allowance:
If PSE has not provided a Margin Allowance or if your Margin Allowance exceeds $75,000, PSE agrees to
calculate and refund the Margin Allowance, subject to Schedule 85, up to two (2) years after the line extension
is energized. Customers are responsible for making the refund request.
DIM Refund:
Other refunds associated with the line extension charge may be available if additional permanent service hook-ups
are made to your line extension. These service hook-ups must be made within five (5) years of the date on which
your project is initially energized Customers are responsible for making all refund requests. A refund may be
requested one (1) time within six (6) years of the date on which your line extension is initially energized. It is the
customer’s responsibility to make the refund request. Your refund request should be directed to PSE’s Customer
Accounting Coordinators at Schedule85refundrequests@pse.com.
RATE SCHEDULE 85
All terms and conditions, costs, and refunds are in accordance with PSE’s Rate Schedule 85, and any
discrepancies between this contract and the Rate Schedule will be resolved in favor of the Rate Schedule. Rate
Schedule 85 contains more detailed information covering costs, refunds, rights, and obligations than is reflected in
this contract. The entirety of Rate Schedule 85 can be viewed at PSE’s website www.pse.com.
This cost information is valid for 90 days from the date of this contract. Should we receive your contract after this
period, the costs will be subject to changes.
The amount noted on this contract is an estimated cost; however PSE’s Schedule 85 line extension tariff requires
customers to pay the actual cost of construction. PSE will determine the actual cost of the job once construction is
complete. If the actual cost of the job is more than 10% above or below the estimated cost, an additional billing or
refund will result to account for the difference.
5.The requirements for trenching by customers on public right-of-ways and/or on Puget Sound Energy easements
must be signed by the project owner or designee and returned along with a signed copy of this contract. This is
attached as Exhibit C.
DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104
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REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT-OF-WAYS AND/OR ON PUGET
SOUND ENERGY, INC. EASEMENTS
The following outlines most local governmental guidelines and company standards for trenching on a public right-of-way
or Puget Sound Energy, Inc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a PSE
permit or easement must comply with these requirements.
1.All trench construction must be performed by a Washington State licensed and bonded contractor.
2.Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated
representative, and receive on-site approval by that representative, and local jurisdiction.
3.Right-of-way easement trenching and backfill must be performed during normal business hours, Monday through
Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction
is the responsibility of Potelco, Inc. Customer shall notify Potelco Project Manager three working days prior to
trenching. Penalties for failure to comply with this requirement will be borne by the customer.
4.If the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility
facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements.
5.PSE, all participating utilities, and One-Call Locate, must be notified a minimum of 72 hours in advance of the
date and time for right-of-way trenching and facility placement. The One-Call Locate number is 1-800-424-5555.
State law requires locating service notification.
6.Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris
shall be removed off-site each day, in accordance with local regulatory requirements. All erosion control
requirements in accordance with local regulatory requirements are the responsibility of the customer.
7.Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select
backfill material in accordance with local regulatory requirements.
8.Proper compaction is required to comply with local regulatory specifications. If the permit requires compaction
testing, the cost of said testing is the responsibility of the customer.
9.All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications
and satisfaction.
10.In the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume
trenching. In the event of delays due to equipment failure, PSE may assume trenching to meet regulatory and
joint construction requirements. The customer is responsible for all trenching costs, and will reimburse the
company for costs should PSE perform the trenching.
11.The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable
attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities.
I AGREE TO ADHERE TO THE ABOVE CONDITIONS
Customer Initials:
Customer Initials:
Signature:Name:Title:Date:
Work Order Number: Service Address:
DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104
1050884579803111302 SE 236th PL Kent
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PSE ELECTRICAL FACILITIES
EXCAVATION REQUIREMENTS AND FINAL GRADE CERTIFICATION
1.
This document is an agreement between Puget Sound Energy (PSE) and the Owner/Developer (Developer) who is
providing excavation for the installation of PSE's facilities. This document does not provide an easement for operating
rights. If PSE determines that a recordable easement on the Developer's property or other property is necessary, it shall be
the Developer's responsibility to obtain such easements in a form acceptable to PSE prior to construction.
PURPOSE
Developer is responsible for acquiring utility locates by calling One-Call, 1-800-424-5555 at least 48 hours (two full
working week days) prior to digging. The excavation must meet the requirements of the Washington Administrative
Code and Safety Standards.
Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation.
The electrical primary trench shall be excavated to provide a minimum of 36 inches of facility coverage, to a maximum
trench depth of 48 inches. The electric service trench shall be excavated to provide a minimum of 24 inches of facility
coverage, to a maximum trench depth of 36 inches. A 12 inch horizontal separation is required between PSE electrical
facilities and other utilities within a joint trench.
All back fill must be free of sharp objects and construction debris. Developer shall provide and install sand bedding and
shading for electrical facility protection as directed by PSE's contact person. Developer is responsible for any damages
caused by improper backfill or compaction.
Developer agrees to maintain a minimum of 2 feet of horizontal clearance between PSE conduit, pipe or conductors and
any foundation on Developer's property.
The vault excavation shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solid
level bottom with a 6 inch deep layer of crushed rock bedding.
Developer shall provide the excavation for PSE electrical facilities within the designed location. Developer shall identify
and provide final grade,property lines, and utility easements prior to installation of PSE's electrical facilities.
Developer will be financially liable for the relocation of PSE's facilities which are inadequately covered, located outside
the area where PSE has adequate operating rights, improperly graded inhibiting standard access and/or any damages
resulting from dig-ins due to changes or variations in grade that are made after the installation of PSE's facilities.
EXCAVATION REQUIREMENTS
The requirements and conditions outlined below apply when you provide the excavation for PSE's electrical facilities as a
condition of receiving electrical service for your project. If you need additional information, please call the PSE contact
person listed below.
2.
3.
4.
5.
2806 08/15
6.
FINAL GRADE CERTIFICATION
By my signing below, I certify that the electrical facilities work area shall be at final grade prior to excavation. I assume full
responsibility for my excavation work and the resulting location of these facilities. I also agree to indemnify, defend, and hold
harmless Puget Sound Energy from all liability arising out of, or in connection with my work, including but not limited to all
claims, losses, damages, and expenses, including reasonable attorney's fees, which result from my failure to excavate
within easement areas or rights-of-way, or from digging without adequate rights on adjoining properties.
7.
8.
Work Order Number: Service Address:
Signature:Name:Title:Date:
DocuSign Envelope ID: E9DEB31E-8456-4DAC-9E97-1C32E5CA3104
98031 105088457Kent11302 SE 236th PL
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Department of Ecology Local Solid Waste Financial Assistance
Agreement Grant
MOTION: Move to recommend council authorize the Mayor to sign the
Department of Ecology Local Solid Waste Financial Assistance Agreement
Grant in the amount of $61,070.67, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The Solid Waste Management Local Solid Waste Financial Assistance
Agreement (LSWFA) is a two year grant funded by the Washington State
Department of Ecology. This Grant funds the Residential Recycling Collection
Events, Multi-family Education and Outreach and the purchasing and distribution of
products made from recycled content. It pays 75% of the “total eligible cost” which
for Kent is $45,803.00. The remaining 25% ($15,267.67) must be matched by the
City of Kent and will be funded by the King County Waste Reduction and Recycling
(WRR) Grant and the Local Hazardous Waste Management Program (LHWMP)
Grant.
BUDGET IMPACT: The City will receive from the Washington State Department of
Ecology $45,803.00, distributed on a cost basis as tasks are completed. The
required 25% match of $15,267.67 will come from the King County Waste
Reduction and Recycling Grant and the Local Hazardous Waste Management
Program Grant.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. 11 - Exhibit 2019-2021-LSWFA Contract (PDF)
11
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Agreement No. SWMLSWFA-2019-KentPW-00047
SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF KENT
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and CITY OF KENT, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
2019-2021 LSWFA City of Kent IMP
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
The RECIPIENT (City of Kent) will spend $61,070.67 hosting six (6) residential recycling collection events, recycling
an estimated 197,200 tons of recyclable material, 3.48 tons of organics, and 1.16 tons of household hazardous waste
(HHW) during the 2019-2021 grant cycle.
Project Long Description:
See the Scope of Work section for more detailed information related to individual Tasks .
Overall Goal:
Provide regional solutions and intergovernmental cooperation ; prevent or minimize environmental contamination through
planning and project implementation; and comply with state and local solid and hazardous waste management plans and
laws.
$210,000.00
$61,070.67
$45,803.00
$15,267.67
10/01/2019
06/30/2021
Planning/Implementation
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Page 2 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
CITY OF KENT
91-6001254
020253613
220 Fourth Ave S
Kent, WA 98032
220 Fourth Ave S
Kent, Washington 98032
tdonati@kentwa.gov
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Page 3 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
Tony Donati
Conservation Coordinator
220 Fourth Ave S
Kent, Washington 98032
Email: tdonati@kentwa.gov
Phone: (253) 856-5589
Authorized
Signatory
Corey Frame
Financial Analyst
220 Fourth Ave S
Kent, Washington 98032
Email: cframe@kentwa.gov
Phone: (253) 856-5511
Billing Contact
Project Manager
Authorized
Signatory
Dana Ralph
Mayor
220 Fourth Ave S
Kent, Washington 98032
Email: dralph@kentwa.gov
Phone: (253) 856-5700
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Page 4 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
Contacts
Project
Manager
Financial
Manager
Vicki Colgan
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: vcol461@ecy.wa.gov
Phone: (425) 649-7224
Vicki Colgan
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: vcol461@ecy.wa.gov
Phone: (425) 649-7224
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia, WA 98504-7600
Solid Waste Management
300 Desmond Drive SE
Lacey, WA 98503
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Page 5 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Solid Waste Management
Date Date
CITY OF KENT
Laurie Davies
Mayor
Dana Ralph
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
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Page 6 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
SCOPE OF WORK
Task Number:1 Task Cost: $61,070.67
Task Title:Recycling Operations
Task Description:
The RECIPIENT will spend $61,071.67 holding up to six (6) residential recycling collection events in a convenient city location
and collecting recyclable materials, organics and household hazardous waste (HHW). Educational materials that describe how
to reduce waste and recycle more using City-sponsored or private sector recycling programs, will also be distributed.
These are popular and well-attended community events, which require advertising, organizing, staging, staffing, distribution of
the outreach materials, scheduling and paying vendors, and calculating and reporting outcomes of each event to Ecology. Costs
for these activities and associated salaries and benefits are eligible for LSWFA reimbursement . Costs incurred by contractors to
implement work identified in this Task are subject to the same eligibility and reimbursement requirements as those for the
RECIPIENT, and also require ECOLOGY approval .
The RECIPIENT may charge user fees for some items or may drop user fees to increase volume of materials collected . The
RECIPIENT will also credit this grant for any revenue received from fees or commodity sales on items this grant is directly
supporting. Please note: LSWFA does not pay for costs covered by existing product stewardship programs or any new ones
implemented during this Agreement .
Fees for membership in civic, business, technical and or professional organizations must be pre -approved by Ecology and are
reimbursable through costs reimbursed for indirect. When a RECIPIENT does not charge indirect, such fees, with prior
approval, may be billed directly under two conditions: 1. Membership is for staff who work 100% of their time on the Task;
and 2. Membership is determined reasonable and necessary to complete the Task .
The RECIPIENT also agrees to obtain an ECOLOGY review before printing promotional or other materials to be paid for by
monies granted under this Agreement . The full text of this requirement can be found in Provision #19 in the General Terms and
Conditions below.
ECOLOGY now requires the RECIPIENT verify, to the best of their knowledge, that materials handled under this Task as
recyclables are, in fact, recycled and not disposed. To meet this requirement, the RECIPIENT will complete and upload into
EAGL the Recycling Verification Form(s) provided. ECOLOGY also asks the RECIPIENT upload verification form (s)
voluntarily for all others in the chain-of-custody that handle these materials. When any collection or vendor changes occur
during the Agreement period, the RECIPIENT will upload amended verification in EAGL.
Task Goal Statement:
To reduce waste going to the landfill and prevent environmental pollution by holding well -organized collection events .
Task Expected Outcome:
The collection events proposed are expected to net an estimated 197,200 tons of recyclable material, 3.48 tons of organics,
and 1.16 tons of HHW from an anticipated participation of 1,740 residents, out of an estimated 102,660 residential contacts
made during this Agreement. The participation numbers are no longer required this cycle, but if available, they make a good
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Page 7 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
case for the usefulness, as well as the popularity of these community events. Metrics reported will represent the percentage that
LSWFA pays of the total project cost.
The RECIPIENT will report program progress each Quarter, whether or not eligible costs or progress related to these events
have occurred.
Recipient Task Coordinator: Tony Donati
Deliverables
Recycling Operations
Number Description Due Date
1.1 Work as defined in the Scope of Work for this Agreement is implemented.06/30/2021
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Page 8 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
BUDGET
Funding Distribution EG200053
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
MTCO Model Toxics Control Operating
100%
Local Solid Waste Financial Assistance
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 25%
25%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
City of Kent IMP
10/01/2019 06/30/2021
Grant
City of Kent IMP Task Total
Recycling Operations 61,070.67$
61,070.67$Total:
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Page 9 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%45,803.00 61,070.6715,267.6725.00City of Kent IMP
Total $$15,267.67 45,803.00 $61,070.67
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly . The Spending Plan and
Outcomes Data Collection form must be submitted along with a Payment Request/Progress Report. By checking the box
provided in the Outcomes Data Collection section of the form, the RECIPIENT certifies that the outcomes reported for that
quarter represent ONLY what was achieved with LSWFA (Ecology share plus local contribution). RECIPIENT shall not
report outcomes achieved with funds that exceed the LSWFA Agreement’s total budget .
RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial (including payment
requests), performance, and other reports required by this Agreement. ECOLOGY shall have the right to deny reimbursement
of payment requests received after this date.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
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Page 10 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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Page 11 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
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Page 12 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
•Make the IDP readily available to anyone working at the project site .
•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
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Page 13 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
Washington which affect wages and job safety .
b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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Page 14 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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Page 15 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
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Page 16 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
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Page 17 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
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Page 18 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
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Page 19 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
SWMLSWFA-2019-KentPW-00047
2019-2021 LSWFA City of Kent IMP
CITY OF KENT
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Information Only - TeamUp2CleanUp – Saturday, September
21
SUMMARY: The fall TeamUp2CleanUp is scheduled for Saturday, September 21,
2019 9:00 a.m. to noon on the East Hill at the Golden Steer Restaurant and 8:00
a.m. to noon downtown at Kherson Park. We are once again partnering with the
Kent Downtown Partnership, Kent Station, The Doorman Services, Republic
Services, the Golden Steer Restaurant and the Kent Lions to engage volunteers and
clean up the environment.
Registered volunteers are provided gloves, garbage bags, litter grabbers and safety
vests and are encouraged to pick up litter in and around our community including
parks, streets, trails and neighborhoods. This is a great opportunity for high school
students to earn school required community service hours.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Innovative Community
12
Packet Pg. 99
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Information Only - 2020 Overlay
SUMMARY: Staff will be presenting the proposed pavement preservation work
plan for year 2020. The work plan will include streets proposed to be funded by the
Business and Occupation tax and Solid Waste Utility tax.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Community
13
Packet Pg. 100
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Information Only - Linda Heights Sewer Re-Lining Update
SUMMARY: We have recently completed the 2019 Sanitary Sewer CIPP Lining
project, which included the Linda Heights neighborhood on the West Hill.
CIPP (Cured In Place Pipe) is an excellent way to rehabilitate worn and damaged
sewer mains. The procedure allows us to repair pipes without having to dig them
up. This saves money versus the costly and time-intensive procedures involved to
dig up and replace pipes. Relining makes use of an epoxy resin, that is poured into
the existing pipe and allowed to cure. The resin pipe conforms to the size and route
of the existing pipe, creating a new pipe and extending the longevity of the system
another 30 or more years.
Excavating to repair or replace sewer mains causes major disruption to the built
environment. It can greatly affect traffic, existing infrastructure and the day to day
activities of nearby residents. We will monitor CIPP projects for short- and long-
term performance and look for more opportunities to take advantage of the
technology.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Community
14
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: September 16, 2019
TO: Public Works Committee
SUBJECT: Information Only - Quiet Zone Update
SUMMARY: Staff will provide an update on the status of the Quiet Zones.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
ATTACHMENTS:
1. 15 - Exhibit Quiet Zone Timeline Spreadsheet (PDF)
15
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Common to Both BNSF and
UPRR Quiet Zones
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FRA Issues Train Horn Rule
Quiet Zone First Presented to City Council
FRA Train Horn Rule Amended
Council Funds $150K for QZ
Council Funds $300k for QZ
Council Funds $2.7M for QZ
BNSF Diagnostic Report
UPRR Diagnostic Report
Wayside Horn Demonstration
NOI Preparation
Updated: September 06, 2019 Completed Duration:
FRA Train Horn Rule -
Diagnostic Report -
Wayside Horn -
NOI -
UTC -
NOE -
The Washington State Utilities and Transportation Commission.
The Notice of Quiet Zone Establishment. A formal document stating that the that a public authority will be establishing a quiet zone. This notice is required to be sent by the local
authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for highway
road safety. We have agreed to a 60-day NOE so the railroads have time to make changes to their practices.
49 CFR Parts 222 and 229, Use of Locomotive Horns at Highway-Rail Grade Crossings; Final Rule. Provides the requirements for a public authority to establish and maintain a quiet
zone. First enacted in April 2005 and amended in April 2006.
A diagnostic report is generated after a diagnostic review of all of the crossings in a potential quiet zone. The diagnostic team consists of the public authority proposing the quiet
zone (Kent), the railroad being crossed, the state agency responsible for grade crossing safety (Washington State Utilities and Transportation Commission), and other interested
parties. Diagnostic reports prior to 2017 are shown as one month duration on the month the diagnostic team reviewed the crossings.
A device that is permanently located at an at-grade railroad crossing that sounds a warning when a train is approaching. This replaces the horn on the train and has a lower noise
impact on the community since it is directed along the streets that cross the railroad tracks.
The Notice of Intent to establish a quiet zone. A formal document stating that the that a public authority is proposing to establish a quiet zone. This notice is required to be sent by
the local authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for
15.a
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FRA Train Horn Rule Issued
Quiet Zone First Presented to City Council
FRA Train Horn Rule Amended
Council Funds $300k for QZ
Council Funds $2.7M for QZ
Diagnostic Report
Wayside Horn Demonstration
NOI Prepration
NOI Comment Period
60 days
Updated: September 06, 2019 Completed Duration: Estimated Duration:
1 June 21, 2019: Updated WSDOT time for maintenance agreement
FRA Train Horn Rule -
Diagnostic Report -
Wayside Horn -
NOI -
UTC -
NOE -
Agreement with WSDOT for Willis crossing or access
classification change 1
Petition UTC for grade crossing modifications
Prepare construction documents and construct
grade crossing improvements
Send Notice of Establishment (NOE)
Quiet zone established
3 mo
10 mo
2 mo
6 mo
Minimum Realistic
15 mo
The Notice of Quiet Zone Establishment. A formal document stating that the that a public authority will be establishing a quiet zone. This notice is required to be sent by the local
authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for highway
road safety. We have agreed to a 60-day NOE so the railroads have time to make changes to their practices.
49 CFR Parts 222 and 229, Use of Locomotive Horns at Highway-Rail Grade Crossings; Final Rule. Provides the requirements for a public authority to establish and maintain a quiet
zone. First enacted in April 2005 and amended in April 2006.
A diagnostic report is generated after a diagnostic review of all of the crossings in a potential quiet zone. The diagnostic team consists of the public authority proposing the quiet
zone (Kent), the railroad being crossed, the state agency responsible for grade crossing safety (Washington State Utilities and Transportation Commission), and other interested
parties. Diagnostic reports prior to 2017 are shown as one month duration on the month the diagnostic team reviewed the crossings.
A device that is permanently located at an at-grade railroad crossing that sounds a warning when a train is approaching. This replaces the horn on the train and has a lower noise
impact on the community since it is directed along the streets that cross the railroad tracks.
The Notice of Intent to establish a quiet zone. A formal document stating that the that a public authority is proposing to establish a quiet zone. This notice is required to be sent by
the local authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for
The Washington State Utilities and Transportation Commission.
60 days
8 mo
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FRA Train Horn Rule Issued
Quiet Zone First Presented to City Council
FRA Train Horn Rule Amended
Council Funds $300k for QZ
Council Funds $2.7M for QZ
Diagnostic Report
Wayside Horn Demonstration
NOI Prepration
NOI Comment Period
FRA Application Development
60 days
60 days
Updated: September 06, 2019 Completed Duration: Estimated Duration:
2 June 21, 2019: Updated timeline for FRA approval based on La Grande, OR's experience
3 July 25, 2019: Updated timeline for FRA approval based on information from the FRA
FRA Train Horn Rule -
Diagnostic Report -
Wayside Horn -
NOI -
UTC -
NOE -
8 mo
12 mo
FRA Reviews Application 2
Minimum Realistic
3 mo
Quiet zone established
Petition UTC for grade crossing modifications
Prepare construction documents and construct
grade crossing improvements
Send Notice of Establishment (NOE)
4 mo
8 mo
15 mo
The Notice of Quiet Zone Establishment. A formal document stating that the that a public authority will be establishing a quiet zone. This notice is required to be sent by the local
authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for highway
road safety. We have agreed to a 60-day NOE so the railroads have time to make changes to their practices.
49 CFR Parts 222 and 229, Use of Locomotive Horns at Highway-Rail Grade Crossings; Final Rule. Provides the requirements for a public authority to establish and maintain a quiet
zone. First enacted in April 2005 and amended in April 2006.
A diagnostic report is generated after a diagnostic review of all of the crossings in a potential quiet zone. The diagnostic team consists of the public authority proposing the quiet
zone (Kent), the railroad being crossed, the state agency responsible for grade crossing safety (Washington State Utilities and Transportation Commission), and other interested
parties. Diagnostic reports prior to 2017 are shown as one month duration on the month the diagnostic team reviewed the crossings.
A device that is permanently located at an at-grade railroad crossing that sounds a warning when a train is approaching. This replaces the horn on the train and has a lower noise
impact on the community since it is directed along the streets that cross the railroad tracks.
The Notice of Intent to establish a quiet zone. A formal document stating that the that a public authority is proposing to establish a quiet zone. This notice is required to be sent by
the local authority proposing the quiet zone to all railroads operating at the crossings, the state agency responsible for grade crossing safety, and the state agency responsible for
highway road safety.
The Washington State Utilities and Transportation Commission.
15.a
Packet Pg. 105
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