HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 4/3/2018adccW18328
CITY OF KENT
Council MeetingAgenda
Mayor Dana Ralph
Council President Bill Boyce
Councilmembers
Tina Budell Brenda Fincher
Satwinder Kaur Les Thomas
Toni Troutner Dennis Higgins
April 3, 2018
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KENT CITY COUNCIL AGENDAS
April 3, 2018
Council Chambers
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Tina Budell Councilmember Dennis Higgins
Councilmember Brenda Fincher Councilmember Les Thomas
Councilmember Satwinder Kaur Councilmember Toni Troutner
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WORKSHOP AGENDA
5 p.m.
Subject Speaker Time
Capital Investment Strategy Barbara Lopez 60 min
Hayley Bonsteel
Small Cells (5G) Update Chad Bieren 30 min
Christina Schuck
COUNCIL MEETING AGENDA
7 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Employee of the Year for 2017
ii. Employee of the Month for April
iii. Proclamation for Sexual Assault Awareness Month
iv. Proclamation for Sikh Heritage Day
v. Proclamation for Earth Day
B. Community Events
C. Economic and Community Development Report
5. REPORTS FROM COUNCIL AND STAFF
6. PUBLIC HEARING
7. PUBLIC COMMENT - If you wish to speak to the Council, please sign up at
the City Clerk’s table adjacent to the podium. When called to speak, please
state your name and address for the record. You will have up to three
minutes to provide comment. Please address all comments to the Mayor or
the Council as a whole. The Mayor and Council may not be in a position to
answer questions during the meeting.
8. CONSENT CALENDAR
A. Minutes of March 20, 2018, Workshop and Council Meeting – Approve
B. Payment of Bills – Approve
C. 2013 Fourth Quarter Fee in Lieu Funds Re-Allocation – Approve
D. South 228th Street UPRR Grade Separation Project Reimbursement
Agreement with AT&T - Authorize
E. South 228th Street Grade Separation Project Joint Utility Trench
Agreements with Comcast, Zayo, and Puget Sound Energy – Authorize
F. South 228th Street Grade Separation Project Facility Relocation
Agreement with Puget Sound Energy – Authorize
G. Consultant Services Agreement with Gray and Osborne for Construction
Engineering Services for the Cambridge Reservoir Recoating and Fall
Protection – Authorize
H. South 208th Street Road Repair and Guardrail Installation – Accept as
Complete
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Potential Litigation, as per RCW 42.30.110(1)(i)
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service at 1-800-833-6388.
COUNCIL WORKSHOP
A) Capital Investment Strategy – Barbara Lopez, Hayley Bonsteel
B) Small Cells (5G) Update – Chad Bieren, Christina Schuck
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
i. Employee of the Year for 2017
____________________________________________________________
_____________________________________________________________
ii. Employee of the Month for April
_____________________________________________________________
_____________________________________________________________
iii. Proclamation for Sexual Assault Awareness Month
_____________________________________________________________
_____________________________________________________________
iv. Proclamation for Sikh Heritage Day
_____________________________________________________________
_____________________________________________________________
v. Proclamation for Earth Day
_____________________________________________________________
_____________________________________________________________
B) Community Events
C) Economic and Community Development Report
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PROCLAMATTON
WHEREAS, Sexual Assault Awareness Month calls attention to the fact that sexual
violence is widespread and impacts every person in this community. Rape, sexual
assault, and sexual harassment harm our community and statistics show one in five
women and one in 71 men will be raped at some point in their lives; and
WHEREAS, Child sexual abuse prevention must be a priority to confront the reality
that one in six boys and one in four girls will experience a sexual assault before the
age of 18; and
WHEREAí Young people experience the heightened rates of sexual violence, and
youth ages 12-17 were 2.5 times as likely to be victims of rape or sexual assault;
and
WHEREAS, On campus, one in five women and one in 16 men are sexually
assaulted during their time in college; and
WHEREAS, We must work together to educate our community about sexual violence
prevention, supporting survivors, and speaking out against harmful attitudes and
actions; and
WHEREAS, When we actively get involved we can prevent sexual violence. The first
step is increasing education, awareness, and community involvement. It is time for
all of us to take action to create a safer environment.
NOW, THEREFORE, I, DANA RALPil MAYOR OF THE CITY OF KENT, along with
the Kent City Council will continue our efforts to prevent sexual violence by
proclaiming April 2018 ãs
SEXUAL ASSAULT AWARE'VESS MONTH
in the city of Kent and ask citizens to join advocates and communities across the
country in taking action to prevent sexual violence. While April is Sexual Assault
Awareness Month, each day of the year is an opportunity to create change for the
futu re.
Date this 3'd day of April, 2018
KENT
WagHrNoloN
Mayor Dana Ralph
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Whereas,
Whereas,
Whereas,
Whereas,
Whereas,
Whereas,
PROCLAMATTON
Sikh Americans have made important contributions to the
social, economic, and cultural fabric of our city; and
During the month of April, the Sikh community celebrates
Vaisakhi, also known as Khalsa Day, which marks the
beginning of the harvest season and the Sikh New Year;
and
Kent is one of the most multicultural cities and home to
people from all over the world; and
Kent prides itself on being a city where people of all
faiths and cultures are welcomed, respected and able to
live in harmony with each other; and
Events such as S¡kh Heritage Day celebrate the rich
cultures and traditions that contribute to the unique
character of our city; and
On May 26 the Khalsa Day celebration will take place at
the ShoWare Center showcasing the Sikh community
through prayer, followed by a parade and food for
everyone to enjoy.
NOW, THEREFOR| L Dana Ralph, Mayor of the city of Kent, do
hereby proclaim April L4,2018 as
STKH HERITAGE DAY
in the city of Kent and ask citizens to celebrate the many contributions
our Sikh community make here in Kent.
Date day of April, 2018.
KENT
WaSHTNGToN
ayor Dana Ralph
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PROCLAMATTON
Whereas, 2018 is the 48th anniversary of Earth Day; and
Whereas,on the first Earth Day, 20 million people celebrated
our planet's life and beauty and the need for
preserving and renewing the threatened ecological
balances upon which all life on Earth depends; and
Whereas,reducing waste and carbon emissions, conserving
energy and protecting our ecosystems requires the
efforts of every adult and child to help create a
cleaner, safer, healthier world; and
Whereas Earth Day is celebrated worldwide on April 21; and
Whereas
f
f the city of Kent, Washington.has been conducting
activities to commemorate Earth Day since 1991;
NOW, THEREFORE,I, Dana Ralph, Mayor of the city of Kent, do
hereby proclaim Saturday, April 21, 2018 as
EARTH DAY TN KENT
and encourage all residents to reduce, reuse and recycle, and to join
the environmental restoration efforts at Riverview Park.
In witness whereof, I have hereunto set my hand and caused the seal
of Kent to affixed this 3rd day of April, 2018.
Dana Ralph, Mayor
KENT
WAsHrNcrôN
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REPORTS FROM COUNCIL AND STAFF
Mayor Ralph:
Derek Matheson/Administration:
Council President Boyce:
Councilmember Budell:
Councilmember Kaur:
Councilmember Higgins:
Councilmember Troutner:
Councilmember Thomas:
Councilmember Fincher:
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OFFICE OF THE MAYOR
Derek Matheson, Chief Administrative Officer
Phone: 253-856-5700
Fax: 253-856-6700
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: 04/03/18
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, April 03, 2018
The Chief Administrative Officer’s report is intended to provide Council, staff and
community an update on the activities of the City of Kent.
ADMINISTRATION
• A small group including the mayor, council president, and CAO met for a second time to
work on revisions to the city’s vision, mission, and goals per the mayor and council’s
direction at the February retreat. The Mayor’s Leadership Team will review next.
• The mayor, council president, CAO, and communications manager are going to meet
with a potential lobbyist as well as begin to discuss a process to replace Doug Levy, who
has represented the city in Olympia for the last 19 years.
• We have advertised the council administrative assistant position for a short-term “job
rotation” and we’re getting ready to advertise for a regular full-time
employee. Executive assistants Pam Clark and Patrick Briggs are handling council
administrative support duties until we finalize the job rotation.
Office of the City Clerk
• The City Clerk’s Office continues to make improvements to the public records portal for
the receipt and delivery of records. New features include the addition of reporting
metrics that are required by recent legislation, the redaction of records and the creation
of an exemption log now takes place within the system, and the ability for the public to
access their records within the portal rather than receiving them via email avoids any
email file size limitations.
Neighborhood Program
• A new neighborhood called Fern Crest has submitted neighborhood program registration
paperwork to become formally recognized by the City of Kent. Fern Crest consists of
191 homes and is located just east of 132nd Ave. SE and SE 223rd Street.
• At the last Neighborhood Council Quarterly Leadership meeting, Senior Transportation
Planner April Delchamps presented an overview of the TMP (Transportation Master
Plan). The TMP flows from a unified vision and supporting goals to projects, funding and
implementation. Public outreach is an essential part of the TMP and the neighborhood
leaders were able to provide input. The feedback will inform the decision‐making process
for goals and projects.
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ECONOMIC AND COMMUNITY DEVELOPMENT
Long Range Planning
• Long-range planning staff is nearing completion of the outreach process for the urban
separator project. Staff held a public meeting at Sunnycrest Elementary on March 14,
which had approximately 30 attendees, and met with individual community members to
discuss ideas and concerns for potential changes to Kent’s urban separators. A public
hearing was held on March 26th at the LUPB, and testimony was given by at least 15
members of the public. The online public survey on urban separators closes Saturday,
March 31.
• Long-range planning staff collaborated with economic development staff to gather data
and key points in support of the city’s application for Washington State Dept. of
Commerce “Opportunity Zone” designation for eligible high-opportunity census tracts in
the city.
• Long-range planning and Public Works staff attended Sound Transit's (ST) Value
Engineering Workshops related to the Request for Proposals document package. The
effort involved a Value Engineering team evaluating the documents ST have been
developing with Kent staff input for possible pitfalls or risks for the contractor.
Recommendations from the VE team will likely inform collaboration efforts over the next
few months to finalize project agreements between the City and ST.
Code Enforcement
• Code enforcement, legal and police staff worked together to secure a trespassing
agreement for a notorious problem house on 98th Ave S, which allowed the City to
trespass all transient occupants, board up the windows and clean up the property. Junk
removal is nearly complete, to be finished on March 28.
• Code enforcement staff scheduled a training with Police NRT officers on April 11 to get
them familiar with common public nuisance violations. Police officers are already
authorized to issue criminal misdemeanors, but until now such issues have gone
through the normal code enforcement process first. Going straight to a criminal
misdemeanor will shorten the process to achieve faster compliance for our most serious
violations.
• Code enforcement staff is exploring the ability to issue civil infractions in the field for
code violations in order to shorten the code enforcement process, lessen paperwork and
achieve faster compliance.
• The Residential Rental Housing Inspection Program ordinance was passed by the City
Council on March 20. Code enforcement staff is working on the next steps to create and
implement the program, starting with outreach to property owners, creation of a web
portal for property registration, providing training for private inspectors and establishing
a qualified inspector list. All multi-family residential rental properties will be required to
demonstrate proof of passed inspections prior to obtaining or renewing their business
license beginning in late 2019.
EMERGENCY MANAGEMENT
Training
• Emergency Management hosted an ICS Combo Class which included ICS 100:
Introduction to Incident Command System, ICS 200: ICS for Single Resource and Initial
Action Incidents, and ICS 700: An introduction to National Incident Management
System. Class was well attended by City council members, City employees and
volunteer staff.
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Public Events
• Staff participated in “You, Me, We” at Showare in January delivering safety messages to
kids who attended the event.
• Started the Spring CERT Session. CERT is the Community Emergency Response Team
training that is offered twice a year (Spring and Fall) to all our residents as well as
employees and their family members. We have 20 People in our afternoon class and 35
in the Evening Class.
• Hosted a CERT continuing education class for south sound CERT members for “Stop the
Bleed”. This class was well attended with approx. 50 people.
Grants / Disaster Recovery
• FEMA Grant/Disaster Recovery Costs- Emergency Management is participating in the
Public Assistance program by working with Washington State Emergency Management
and the Federal Emergency Management Agency for severe storms in early 2017. The
City of Kent could receive over $95,000.00 in reimbursement for response and recovery
costs.
• EMPG – Emergency Management Performance Grant. Received contract from
Washington State Military Department for $70,697. The 2017 EMPG Contract is valid
from June 1 2017 – Aug 31, 2018. The purpose of the EMPG is to provide U.S.
Department of Homeland Security (DHS)/FEMA Federal award funds to local jurisdictions
and tribes with emergency management programs to assist in preparing for all hazards
through sustainment and enhancement of those programs as described in the Work
Plan.
FINANCE
• The City has successfully closed our books on 2017. The data has been sent to SAO
(State Auditor’s Office) and they will be able to extract any information they need before
beginning the City audit. SAO uses our year-end data to perform analysis related to
risk, outliers, large increases or decreases in revenues or expenses, and a multitude of
other analysis. Now our work begins in earnest to create our CAFR (Comprehensive
Annual Financial Report) and related footnotes so that we are ready for the audit to
begin the end of April.
• The Finance Department executed consultant services agreement with S.K. Consulting
providing for grant monitoring services for the City’s Emergency Management
Performance Grant pass-through award to the Kent Fire Department RFA. The Finance
Department recently executed the related MOU with the RFA facilitating the award of
this grant.
HUMAN RESOURCES
Administration
• The Innovation Fair held on March 22 from 9-11:00 am in City Hall was a high-energy
success. The intent of the Innovation Fair was to provide a fun, informative, hands-on
introduction to the Lean continuous improvement process through hands-on activities
and information about recent and current improvement projects underway in
departments like Public Works, Law, and IT. Dr. Kristina Hayek from Kent’s Hexcel
Corporation was our guest speaker. Approximately 70 people attended.
Benefits
• Planning has begun for an Request for Proposal process for the City’s benefits broker.
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Labor, Class & Compensation
• Working on updated IT Department classifications
• Working on coordinating work on new and updated City policies for 2018
• Finalizing responses to regional salary survey requests
• Continuing the division’s ongoing work on reclassifications from various departments
Recruitment
• Interviews for the Administrative Supervisor in ECD were conducted on March 28.
• Interviews for the Customer Service Representative in Finance were conducted on March
27 and March 29.
• Reference checks were conducted on March 27 for two candidates of the Engineer IV-
Supervisor position in Public Works. The interviews took place March 23.
• There are several job postings that closed late last week. Hiring managers have been
contacted to confirm next steps in order to begin scheduling/notifying candidates.
• The recruitment for HVAC/R Technician opened externally on March 27 and will close on
April 3.
• Interviews for Pavement Management Engineer III will be conducted April 9.
• Began reference checks on two finalists for the Sr. Development Construction Inspector;
second interviews are scheduled for early April.
• Combination Building Inspector (TLT) closes externally on March 30.
• Accounting Services Asst. III in Human Services closes internally on March 30.
Community Outreach
• Participating as a judge for Kent Meridian High School Seniors’ Oral Presentations
• Collaborating on the development of program curriculum for South King County’s
Regional Equity Conference in the fall of 2018
INFORMATION TECHNOLOGY
• Asset & Work Order Replacement/Upgrade - This project will replace the Cities current
end-of-life Asset Management System. This project will help to drive efficiency by
automating the Asset Management and Work order workflow through the integration of
GIS and the deployment of mobile work application capabilities reducing tact time and
Asset Total Cost of Ownership while aiding the Cities strategic planning Public Works
Assets.
• B & O Technology Solution - Redesign and rewrite the B&O Tax solution so that we can
leverage new technology features, enhance security, support new/more browsers, and
be able to "ride out" the next few years until a holistic, Enterprise level "Tax" solution
can be purchased.
• Body Worn / In-Car Video Research - Identify BW and ICV program for the CoK Police to
include qualified vendor(s), operational concerns and deployment strategy.
• Information Technology operational support for March 13 to March 27
o Number of tickets opened – 350; number of tickets closed – 372
LAW
Civil
• Attorneys continued to work on the YMCA transaction, the closing of the sale of the Par
3 Golf Course, the 228th and 224th corridor projects, the development of small cell
franchises, the Sound Transit development agreements, the Comcast franchise, etc.
• Attorneys worked on a number of labor and employment matters, public records issues
and contracts.
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Prosecution
• Prosecution had 130 cases set on for trial for March with 116 defendants. 33 trials
remained at the end of the day Friday, with four cases set out to trial. The trials
resulted in one guilty finding, two guilty pleas mid trial and one dismissal due to
unforeseen circumstances.
• Stats for prior two weeks for criminal: 198 cases received for filing; six motions to
dismiss or suppress; one RALJ Appeal.
• Prosecutors won a RALJ appeal on the Kimyata Bell matter: issues were - ineffective
assistance of counsel; insufficient evidence; abuse of discretion by the court.
• Applied for the AWC Municipal Excellence Award for DUI Court – worked with the
Mayor’s Office on this application.
• Assisted the Police Department with the Extreme Risk Protection Order permanent
hearing at the RJC.
• Prosecution staff provided training to PD at all Police briefings on March 16.
PARKS, RECREATION, AND COMMUNITY SERVICES
Cultural Programs
• The very successful 2017-2018 Spotlight Series season has come to a close. On Friday,
March 9 John McEuen and the String Wizards performed to a sold-out crowd of 345 at
Kent-Meridian Performing Arts Center. A near sellout crowd enjoyed the final series
performance featuring Frank Ferrante’s “An Evening with Groucho” – held Friday, March
23 at Kent-Meridian Performing Arts Center. In addition to his public performance, Mr.
Ferrante led a comedic improvisation workshop for 30 Kent-Meridian High School drama
students on March 23.
• Morrill Meadows Park is the focus of an exciting public art project now underway. When
complete, the project will feature a sculptural Parcourse circuit throughout the park
which will be not only aesthetically interesting but will also function as exercise stations.
A selection panel consisting of two professional artists, an arts commissioner, a City
council member, the Parks Planning and Development Manager, and a representative
from the YMCA met on March 12 to select finalists. Three finalists were chosen to move
on to the next phase of the selection process including artists W. Scott Trimble, Troy
Pillow, and Clark Wiegman. The artists attended a mandatory project orientation on
March 21, and will now develop concept proposals for final selection by the panel. One
artist will be chosen by the panel to receive the commission.
• The 31st annual Kent Kids’ Arts Day took place at the Kent Commons on Saturday,
March 10. The event featured 16 hands-on art projects, performances by six youth
bands and dance companies, and 78 middle and high school student volunteers. A
strong turn-out of approximately 1,500 people attended.
• The 2018 Student Art Exhibit is on display in the Centennial Center Gallery from March
12-23. The annual exhibit displays the art work of more than 700 students (elementary
through high school) from 26 schools in 24 downtown businesses.
• The current Kent Creates exhibit – “Lighting up the Dark” – is open through March 31.
People are encouraged to use the lengthening days, as well as the juxtaposition
between lightness and dark, for inspiration and to submit photographs, recipes, videos
of dances, short films, poems, paintings, drawings, or work in any creative medium.
Human Services
• The human services funding application process for 2019-2020 is currently open until
Tuesday, April 10 at 4:30 p.m. Kent participates in the Human Services Funding
Collaborative, an alliance of 17 cities in North, East, and South King County that come
together every two years to receive applications through www.share1app.org. Two
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funders workshops were held in early March and over 250 individuals attended to learn
more about the process. Kent’s Human Services staff and Human Services Commission
members will review the applications submitted to Kent for funding between April and
June, with final funding recommendations expected June 21.
• Staff attended the One Table Community Action Workgroup for Employment. The
Employment group identified several factors that drive root causes of homelessness as
they relate to employment. The focus has included: lack of job readiness, including
supportive services, implicit bias inherent in employer’s hiring practices, and lack of
social capital and networks. Strategies that can be implemented in 1-3 years and 3-10
years have been identified and will continue to be refined as part of the One Table effort
to address homelessness prevention.
• The Kent Community Development Collaborative (KCDC), a newly formed collaborative
of community organizations in Kent, has received a $500,000 award from Community of
Opportunity (COO) funding. The purpose of the KCDC is to focus on equitable
community development and work towards a community that is healthy, vibrant,
embraces the diversity of Kent and offers opportunities for residents of Kent, especially
communities of color, immigrants, refugees and low income residents. Equity, collective
action, and growing leaders are the overarching priorities of this project. A community
advisory council will be created. KCDC will work with the community to develop a five-
year action plan that identifies priority focus areas in Health, Housing and Economic
Opportunity. The Coalition members currently include: Community Network Council,
Coalition for Refugees from Burma, Iraqi Community Center, Living Well Kent, Centro
Rendu, Somali Youth and Family Club, and Mother Africa. The City of Kent and King
County Housing Authority are supporting partners.
• Staff attended the Urban Consortium Joint Recommendations Committee meeting. The
County’s Housing Finance Program 2018 capital funding round for 2019 will begin in
April with pre-application open until June. Applications will be due in mid-September and
applications will come before the JRC in December. Final decisions will be made in mid-
December. The funding process for Veterans, seniors and Human Services levy housing
capital is being developed and is dependent on the VSHSL Transition Plan and
Implementation Plan.
Planning Development
• The restroom & shower building at Lake Meridian Park is receiving much-needed
renovations. New plumbing and fixtures are being installed inside, and the exterior
updates will be clean and modern as well. Work is expected to be completed before the
beginning of lifeguarding season.
• The Kent Community Garden opens for its twenty-first year of operation on April 1. Of
the 44 large plots available, 33 were rented as of March 23. Many renters are veterans
who return year after year to the same plot. Support from Parks Maintenance plays a
major role in the continuing success. The garden operates on land owned by the LDS
Church, under a cooperative agreement.
• One of the changes coming to Morrill Meadows Park as a result of the park
renovation/YMCA project is a new off-leash dog park. The existing off-leash area at
Morrill Meadows will be closed during construction (Morrill Meadows west of the dog
park will remain open through construction). Parks is working on a temporary off-leash
area, just west of the East Hill Shops on 124th Ave. This temporary facility will provide
separate fenced area for large and small dogs, and off-street parking for their owners. It
will close when the renovated park, and its new off-leash area, opens.
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Recreation
• In partnership with accesso ShoWare Event Center, the Recreation Division is providing
a free, volunteer supervised, indoor walking program for residents of Kent. Over 1,500
participants walked, jogged, and climbed stairs in January, February, and March. A
popular additional component called “Wellness Days” provides participants access to
free blood pressure and glucose checks. This popular program continues three days per
week through June 27.
• Celebrating a 50+ year history, the Kent Parks Youth Track program has started off with
the bang of a starter pistol!! This spring program includes 25 Kent School District
Elementary Schools teams with over 1,400 fourth, fifth, and sixth grade athletes.
Teams participate in scheduled practice sessions in preparation for weekly track meets
held at Wilson Playfields. This program provides a great opportunity for kids to engage
in a healthy activity while encouraging school spirit.
The Parks Department recruits, trains, and schedules 45 junior and senior high school
students employed to help with weekly track meets. This is the first employment
opportunity for many of the students and training includes the most basic employment
skills, job coaching, and mentoring to raking a long jump pit and measuring the softball
throw!
Youth-Teen-Adaptive
• The Friday Late Night program held at Mill Creek Middle School has been welcoming
over 100 teens in the 6th – 8th grade every Friday night since the start of the school
year. This is a safe place for kids to gather, socialize and participate in a wide variety of
activities from sports, board games, and listening to music along with weekly special
events. This past week, teens embraced their artistic side with a beginner canvas
painting course; the next Picasso could have been in attendance!!!
• Spring quarter registration is underway. On opening day, Adaptive Recreation programs
surely set a record with 358 individual registrations, filling 97% of the classes, many
now with waitlists. These programs provide skill training, social opportunities and
creative expression to a valued population in our community.
• “Theater for All”, a theater troop made up of adults with disabilities, produced a
theatrical masterpiece with a twist on Peter Pan. “How Captain Hook Got his Name” was
written and directed by program instructor, Cheri Ayres-Graves. Costumes, scenery and
acting had the audience on their feet and wildly screaming “BRAVO” as the curtains
closed.
POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• Entry level officer Casey Clark starts April 2.
Significant crime activities/arrests/investigations
• March 22, the Kent police station received a bomb threat. A male caller reported placing
a bomb in one of the station’s toilets. He said he was armed with an AK-47 and wanted
to kill “everyone,” including officers and the President. He identified himself, gave an
address and phone number. This information returned to a real subject. Multiple officers
responded to the address and surrounded the location. The subject was contacted by
phone and was cooperative. He said he’d moved from the address in the past. Officers
met with him found that he appeared to be the innocent victim of “swatting,” possibly
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done by IRS scammers who had recently targeted him. The case was referred to
detectives and US Secret Service.
• March 25, officers were dispatched to the Fred Meyer gas station on 240th for a report of
a subject who had been shot. The 21-year-old victim had a gunshot wound to his right
arm and right side of his abdomen. The victim was transported to Harborview with non-
life threatening injuries. A second 22-year-old victim was “pistol whipped” in the head
and a witness was also on scene. Officers learned that the three subjects were in a car
hanging out in the north parking lot of Popeye’s. An unknown male walked up to the
vehicle and asked if they wanted to purchase some marijuana. They told this person
“no”. A short time later another male walked up and said something to the effect of
“you don’t belong on this block”. A silver colored pistol was displayed. The front seat
passenger who was pistol whipped grabbed the gun and the driver started to backup.
About that time a shot was fired and the driver stated he was hit. The unknown
suspect(s) were last seen running northbound on 102nd PL SE.
• March 25, officers responded to a shooting in the 25600 blk. of 27th Pl. Upon arrival
they were contacted by the 25-year-old male victim, who advised he had been shot at
by his 28-year-old estranged wife. He went on to say the suspect was at his apartment
to visit with the children they share. He stated the female suspect stole his wallet
containing $4500 in cash and fled the apartment. The victim began to follow her and
request she return his money. He stated the suspect produced a .357 handgun and fired
at him twice. This portion of the events was videoed by a witness. Officers were able to
talk with the suspect via cell phone and eventually she agreed to surrender.
• March 26, officers were dispatched to an Assist to King County at 25200 Pacific Hwy S.
It was being reported that a fight occurred on the bus and a subject was seriously
injured. Upon arrival, King County Officers were already providing medical aid and
conducting interviews. It was determined that some sort of altercation occurred on the
bus between three individuals. The victim was shoved from the bus and likely hit his
head on the pavement. King County Metro Major Crimes is continuing as the primary
investigating agency.
• March 26, officers were dispatched to the report of a shooting that occurred in the
parking lot of the Taco Bell on Washington Ave S. Officers arrived on scene and located
approximately eight casings in .45, .40 and 9mm. One car was located with two bullet
holes in it. The car belonged to an employee at the Taco Bell (They were not the target).
Officers attempted to get video footage from the Taco Bell, but were unable to reach the
manager. Area hospitals were also notified. Detectives and the Duty Officer were
notified.
Major emphasis patrol
• Kent PD participated in the “Five to Stay Alive” emphasis patrol project, an all-King
County emphasis targeting enforcement of DUI, distracted driving, seatbelt use,
pedestrian safety, and speed laws. Officers across King County worked over 548
overtime hours resulting in over 1,593 driver contacts, 1,155 citations, and 22 DUI
arrests (12 DUI arrests on St. Patrick’s Day alone). The “five” emphasis areas are the
main causes of serious injury and fatal crashes and identified based on King County
crash data. The Target Zero manager for South King County, who is housed in the Kent
Police Department, coordinated with 19 King County agencies, Washington State Patrol,
and the Washington Traffic Safety Commission.
Events and awards
• Firefighter Jim Blatt was awarded the “Chiefs Award For Valor” for his disregard for his
own personal safety to assist Officer Reed and help control a situation that could have
become critically dangerous for everyone at the scene. On January 18, 2018 at 2:14
a.m., Officer Reed was investigating an injury traffic collision. It was suspected that one
Page 9 of 11
of the drivers was DUI, so Officer Reed began to observe him while he searched for the
vehicle registration. Moments later, the driver pulled out a handgun from underneath
some papers. Officer Reed quickly seized him in order to control the subject and
firearm. Firefight Blatt, who was on scene rendering aid, immediately jumped in and
assisted with controlling the subject against the vehicle. After the subject dropped the
gun, Firefighter Blatt continued to assist Officer Reed until the suspect was safely
handcuffed. Officer Reed advised, “Firefighter Blatt didn’t simply assist, his actions were
instrumental in subduing the suspect’s arms and as a result, his ability to use the
firearm. If he had not done exactly what he did this situation would have had a
drastically different outcome. Firefighter Blatt didn’t hesitate for a moment to help.”
• “Of The Year” Awards:
o Police Officer – Ian Warmington
o Corrections Officer – Amber Horejsi
o Civilian – Karen Wesson
PUBLIC WORKS
Design
• S 224th St Project 88th to 94th – Court date has been scheduled for condemnation
proceedings. Right-of-Way acquisition and permits are desired for Advertisement –
anticipated to be in June.
• S 228th St Union Pacific Railroad Grade Separation (and 228th Bikeway) – Working with
Legal Department on condemnation process and securing rights on the last two
properties. Coordinating with utilities for relocations prior to the project.
• East Valley Overlay – Advertisement anticipated for April 10.
• 2018 Residential Overlay – Project ready for advertisement next week.
• 132nd Ave SE (SE 240th to SE 248th) – 90% review scheduled for next week.
Advertisement anticipated for April 24.
Construction
• LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph. 1):
o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in
place until the end of July, 2019.
o 84th to SR 167 – Pier 1 wall footing grade/form work is complete and rebar
installation will take place this week. Storm detention pond excavation is
underway and will continue for 2 weeks. Expect heavy truck traffic.
o SR 167 to 88th – Pier 3 crossbeam formwork is complete. Concrete placement is
scheduled for Friday, March 30.
• 640 Pressure Zone PRV North: Approximately 50 PRVs of 200 finished as of March
19th. They expect to be in the Eastridge neighborhood for approximately 3 more weeks
• 2018 Traffic Sign Replacement: Sign post base installation will begin this week. New
sign installation will proceed upon receipt of material approvals.
• 228th St Grade Separation: PSE power relocations on the East side of the Union Pacific
Railroad tracks are ongoing. Anticipated completion date is slated for late April.
• Development/Utility Projects
o Manchester Ave Natural Gas Main Replacement – PSE has completed replacing
existing underground natural gas main between Glenn Nelson Park and 40th Ave
S. on Hampton Way, Princeton Ave, Manchester Ave, Strattford Ct, Canterbury
Ln, Highland Ave, and Yale Ct. Asphalt restoration is ongoing and will continue as
weather permits.
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o Arco / AM/PM – ROW improvements on both 116th Ave SE and SE 240th St are
ongoing. This work will continue for several weeks. Intermittent lane closure will
be in effect during this time.
o The Ridge Townhomes – The contractor is continuing with site preparation and
installation of erosion control measures for upcoming earthwork and grading
activities. Heavy trucking for the soil export will begin in the following 2 weeks.
o Kent Medical Office Building – The contractor is seeking the City’s approval to
close State Street between Smith and Meeker during the daytime for storm and
water pipe installation. This request with the proposed closure plan and detour
route has been submitted to Development Engineering (ECD) for review.
Land Survey and GIS
• Land Survey field staff has been design mapping for the GRNA South Pump Station
and for the next phases of the 132nd Ave. Pedestrian Improvements Project. Survey
field staff has been construction staking for the 224th Phase 1. Survey Office staff
have been writing legal descriptions, preparing exhibits and drafting surveys for
recording for the Lake Meridian Estates easement, Regatta Condo Amendment and
the Lower Russell Road Levee Easements.
• GIS staff continues working with IT on the outward facing GIS Server. GIS staff
working on Storm Ditch inventory asset mapping, Census report data preparation
and inputting utility as-builds into GIS.
Environmental
• FEMA – There was a public meeting on March 21 in the council chambers regarding
the preliminary Flood Insurance Rate Maps. Fifty people from the public participated
in the meeting and open house with many questions. A 90-day appeal period will
follow with final map adoption scheduled for Summer of 2019.
• King County Open Space Initiative – Environmental and Parks staff met with Darren
Greve from King County to discuss the county initiative to raise funds to protect open
space properties.
• NPDES – 2017 Annual report and 2018 Storm Water Management Plan have been
completed and submitted to Ecology. In addition, staff is beginning to work on
updates to the City’s Storm Water Code.
• Water Resource Inventory Area 9 – Environmental staff will participate in a public
workshop on March 27 regarding the preparation of the 10-year update to the
Salmon Habitat Plan for the Green River.
Transportation
• Commute Trip Reduction Survey – The Commute Trip Reduction (CTR) Coordinator
has completed the 2018 WSDOT CTR Survey Cycle for the majority of businesses in
Kent.
• Transportation Improvement Program – The annual update of the Transportation
Improvement Program has commenced. Staff is putting together a list of projects
that have the potential for grant funding and will be added for council consideration.
• Kent Bicycle Advisory Board – Staff is meeting with the Kent Bicycle Advisory Board
to discuss the Transportation Master Plan update.
• Mill Creek Neighborhood – The Mill Creek Neighborhood requested a residential
parking zone. Staff met with them on March 28 to solicit feedback for the potential
Residential Parking Zone in advance of presenting to the Public Works Committee in
April.
• Veterans Drive Extension (SR 509 Project) – Staff attended the SR 509 Gateway
Steering (staff) Committee meeting on March 28. WSDOT provided legislative
updates, Cost Estimate Validation Process, and project updates.
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• Meeker Street LED Lighting – All fixtures have been installed. Crews are pulling wire
and concrete work for the cabinet foundation and sidewalk panel is scheduled
tentatively scheduled for Thursday March 29.
Streets
• The Street Maintenance and Concrete crews will be prepping and pouring a sidewalk
at 28045 122nd Pl SE, grinding and cleaning a walking path on the 277th trail.
• The Signs and Markings Crews will be updating sign inventory at Willis Street and
Central Ave.
• The Vegetation Crews will be clearing dumped materials, removing litter, and
performing repairs at Clark Springs, Kent Springs, and Armstrong Springs. The
Wetland Mitigation Crews will perform wetland maintenance at Kent Kangley Pond,
Meridian Place, Country Club Village, LOE Estates, 240th St. Pond, County Club village
# 2, Birdsong Meadows, Hunters Run 2, Gages Grove, Cantera, Springwood park,
Brossard, Andrews Landing and Kentridge Estates. The Holding Pond Crews will be
doing vegetation maintenance and tree removal in West Creek Meadows. The
Wetland Maintenance Crews will be transplanting and potting up bare root plants at
the Green River Natural Resource Area Nursery, Kent-Kangley and 152nd Ave. and
Des Moines Beach Park. The Sidearm Mower Crews will be mowing at 77th Ave. S.
and 212th and Military Rd. S. The Street Vegetation Crews are clearing shoulders,
picking up litter and debris on Canyon at 256th from Kent Kangley to 116th as well as
the alley ways south of Willis and the Willis Rock Wall.
Water
• The Water Hydrants and Large Meter Section is currently working Columbia Basin
Water Works on annual testing and calibration of the City’s water service meters that
are 3-inches and larger in size. Water Distribution staff are completing the last water
main cleaning run for the year in the southern portion of the water system on Maple
Lane. The draft 2017 Water Quality Report has been handed off to Multimedia for
development.
Utilities
• Storm Crews will be replacing storm line at 103rd Ave. The National Pollutant
Discharge Elimination System Crews will be preforming assessments on 108th and SE
241st. , pumping on Crest Ave and E Laurel St, performing repairs on Canyon Dr. and
E. Smith and cleaning for 2019 Overlays at 240th and 108th Ave. SE.
• Sewer Crews will be cleaning and TV existing sewers, cleaning lines that are 10 years
or older.
Fleet/Warehouse
• The warehouse is working on order, receive, and process inventory and non-inventory
materials, issue inventory items to the Water and Utilities work orders, and wash,
clean, and vacuum the line vehicles. Staff is assisting with the CDL training,
inspections, and drive time.
• The Radio Shop is working on mower pre-season prep, new vehicle setup’s and body
shop repairs.
• Fleet is working on air brake inspections, emissions testing, scheduled and non-
scheduled repairs
# # #
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 8A_
CONSENT CALENDAR
8.City Council Action:
Councilmember ________ moves,
Councilmember ________ seconds
to approve Consent Calendar Items A through H.
Discussion
Action
8A. Approval of Minutes.
Minutes of March 20, 2018, Workshop and Council Meeting – Approve
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Kent City Council Workshop March 20, 2018
Minutes Kent, Washington
Pending Approval
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Date: March 20, 2018
Time: 5 p.m.
Place: Council Chambers East/West Attending: Mayor Dana Ralph
Bill Boyce, Council President
Tina Budell, Councilmember
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Dennis Higgins, Councilmember
Les Thomas, Councilmember
Toni Troutner, Councilmember
Council President Boyce opened the meeting at 5 p.m.
Agenda:
Advance Kent Innovation Fair
Todd Babcock, Human Resources Performance Analyst, presented information
regarding the upcoming Innovation Fair that will be held on March 22nd. The
purpose of the fair is to present process improvement in an interactive and fun
environment. The event is meant to be inspirational and aspirational.
Sound Transit Federal Way Link Extension Project
Lynnette Briley Hall, Sound Transit Deputy Project Director, for the Federal Way
Link Extension Project provided a brief overview of the project.
Details were provided regarding the Kent/Des Moines Station Area, the South 272nd
Street Station Area, and the Federal Way Transit Center Station Area.
Lynnette reviewed the project timeline that includes right-of-way acquisitions, the
design build procurement process, and public outreach.
City Council action on the Development Agreement and Transit Way Agreements is
expected sometime during the summer of 2018.
Hayley Bonsteel, Long Range Planner, provided information regarding City staff
participation regarding the outstanding provisions of the Development Agreement
that included the permitting plan, weather projection/canopy coverage, restrooms
that address public safety elements, the surplus property strategy, and the
stormwater facility.
Hayley reviewed the High Capacity Transit Code Deviations agreed-to at the staff
level, including granting deviations for matching the design themes,
dimension/number requirements, seating, bike parking, landscaping requirements,
the pedestrian bridge over Hwy 99, and ground floor commercial at the South 272nd
Street garage.
Brooke Belman, Director of Land Use Planning and Development, provided a brief
overview of Transit Oriented Development
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In 2012, the comprehensive TOD policy was adopted. Community TOD coordinates
with and supports planning and development activities within ½ mile of station
areas. The TOD mission in ST3 is to implement a regional equitable TOD strategy to
create diverse, vibrant, mixed use and mixed income communities adjacent to
Sound Transit Stations.
Sarah Lovell, Transit-Oriented Development Planning Manager, reviewed the
timeline for updating Sound Transit’s Transit-Oriented Development policy. Sound
Transit is thinking about development from an equitable standpoint. Sara provided
examples of transit-oriented projects.
Tim Bates, Senior Land Use Planner, advised that Sound Transit is committed to
collaborating with the City to define TOD opportunities, including strategies to
achieve missed-use, mixed-income development, a master plan for surplus parcels,
design review and entitlements for specific TOD projects.
Tim advised that the next steps for TOD in Kent is to continue engagement with
stakeholders, maintain flexibility, prepare TOD offerings and more forward with the
RFP process.
Surplus property goals and processes were reviewed.
Council conveyed their pleasure with the partnership with Sound Transit and their
collaborative process.
Chelsea Levy – Government & Community Relations Officer, provided details
regarding parking and the access to the Kent-Des Moines garage. Chelsea advised
that strategies are being discussed that include: introducing new technology, work
to relocate informal carpools that occur in high-in-demand facilities, formal carpools
that occur in the high-in-demand parking facilities, and a paid parking management
system.
Chelsea advised that there is no TOD related to the 272nd street station and that
there is no plan to widen 272nd under I-5.
Councilmember Higgins advised that the Vision Midway Plan included an overpass
over I5 on 240th street and indicated he would like Sound Transit to explore adding
the overpass into the project.
The meeting concluded at 6:32 p.m.
Kimberley A. Komoto
City Clerk
March 20, 2018
Kent City Council Regular Meeting March 20, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 10
Date: March 20, 2018
Time: 7 p.m.
Place: Council Chambers East/West
Attending: Mayor Dana Ralph
Bill Boyce, Council President
Tina Budell, Councilmember
Brenda Fincher, Councilmember
Dennis Higgins, Councilmember
Satwinder Kaur, Councilmember
Les Thomas, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order
The meeting was called to order at 7 p.m. with Mayor Ralph presiding.
2. Roll Call
Mayor Ralph – Present
Council President Boyce - Present
Tina Budell, Councilmember – Present
Brenda Fincher, Councilmember – Present
Dennis Higgins, Councilmember - Present
Satwinder Kaur, Councilmember - Present
Les Thomas, Councilmember – Present
Toni Troutner, Councilmember – Present
3. Changes to the Agenda
Derek Matheson, Chief Administrative Officer, added item 7O – Overview of Rental
Housing Inspection Program Ordinance.
Council President Boyce moved to accept the agenda as amended,
seconded by Councilmember Thomas.
The motion passed unanimously with a vote of 7-0.
4. Public Communications
A. 2018 Legislative Session Update from Senator Karen Keiser
Senator Karen Keiser provided a legislative update that included information
regarding the supplemental and capital budgets. The capital budget included a $2
appropriation for the Mill Creek flood control project and $1m for the YMCA. The
Transportation budget included $3m for the roundabout project at the Naden site.
Senator Keiser indicated she will work with Kent to ensure that Kent does not come
up short regarding streamline sales tax. The Department of Revenue is currently
conducting a revenue study.
Kent City Council Regular Meeting March 20, 2018
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Details were provided regarding fully-funding education.
Senator Keiser provided details regarding bills that Kent worked on, including
Senate Bill 6197, and the body camera bill.
Senator Keiser expressed her appreciation for the work of Chief Thomas for his
leadership on Initiative 940.
Mayor and Councilmembers expressed their appreciation of Senator Keiser’s work
during this past legislative session.
B. Public Recognition
Mayor Ralph recognized Kent Parks and multimedia staff for the best t-shirt design
silver award design for the Kent Cornucopia race and the bronze award for design
for the Christmas Rush.
i. Appointment to the Arts Commission
Mayor Ralph recognized Sandi Westman.
ii. Appointments to the Bicycle Advisory Board
Mayor Ralph recognized Lynell Mooney, John Otakie, Wendy Graves and
Aaron Dent, along with Andrew (Andy) Sobczyk and Brandon Swanson
iii. Appointment to the Human Services Commission
Mayor Ralph recognized Sara Grace Roach
iv. Appointment to Parks and Recreation Commission
Mayor Ralph recognized Kathleen Cordelia Roberts
v. Connection Condominiums and Laurel Springs Lower Community
Neighborhood Councils
Toni Azzola, Neighborhood Program Coordinator, provided a brief overview
of the City’s Neighborhood Program. Toni recognized Connection
Condominiums and Lauren Springs Lower Community Neighborhoods.
C. Community Events
Council President Boyce advised of past and current events held at the accesso
ShoWare Center. Visit accesso ShoWare.com for ticketing information.
Councilmember Fincher advised of the upcoming Green Kent Events in addition to
the upcoming Spotlight Series Event.
Councilmember Kaur advised of the upcoming World Dance Party that will be held
at the Kent Senior Center on March 24, 2018, 4 pm. Visit Kent International
Festival.com for more information.
Kent City Council Regular Meeting March 20, 2018
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Pending Approval
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D. Public Safety Update
Chief Thomas provided a brief background of Officer Daniel Brom. Mayor Ralph
performed the swearing in of Officer Brom.
Fire Chief Matt Morris and Officer Reed joined Chief Thomas in the presentation of
the Chief’s Award for Valor to Firefighter Jim Blatt for his assistance to officer Reed.
On January 18, 2018, Officer Reed was investigating a traffic collision of a
suspected DUI driver, the driver pulled handgun. Firefighter Blatt jumped in and
assisted Officer Reed to control the subject. Firefighter Blatt continued to assist
officer Reed until the suspect was handcuffed.
Chief Thomas presented Officer Ian Warmington with the Officer of the Year award.
Officer Warmington was recognized by his peers for his devoted services.
Chief Thomas presented Officer Amber Horejsi as the Corrections Officer of the Year
award.
Chief Thomas presented Karen Wesson as the Civilian Staff Member of the Year
award.
Chief Thomas advised of the upcoming community meeting at the Kent Senior
Center in addition to the Diversity Task Force Meeting at the training center.
5. Reports from Council and Staff
Mayor Ralph
Mayor Ralph advised of her recent visit with students in Mrs. Saucedo‘s class at
Kent Elementary.
Mayor Ralph recently met with Spady family, the owners of Dick’s Drive in. The
ground breaking is expected in April with an opening in October.
Mayor Ralph provided information regarding her work with Senator Keiser and other
jurisdictions regarding streamline sales tax and the study being done that will be
presented to the legislature.
Mayor Ralph attended the South County Area Transportation Policy Board. The
board discussed the macro economic forecast that is projecting to the year 2050.
Derek Matheson, Chief Administrative Officer
Derek Matheson, advised that the Mayor and Council have been discussing the
2019-2020 budget. Derek advised of next steps, including the Mayor’s budget
roadshow.
Derek advised that the City has hired Dana Neuts as the Communication Manager.
Kent City Council Regular Meeting March 20, 2018
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Derek indicated there is no executive session tonight and the Chief Administrative
Officer’s report is in today’s agenda packet.
Council President Boyce
President Boyce provided a brief recap of tonight’s City Council workshop topics
including advance Kent innovation fair and Sound Transit Federal Way link
extension project and special events.
Council President provided an opportunity for two Boy Scouts to speak regarding
their projects.
Council President Boyce conveyed that has was recently confirmed as the
representative for Best Starts for Kids on the Children and Youth Advisory Board.
Councilmember Budell
Councilmember Budell serves on the Sound Cities Association Domestic Violence
Initiative. No report since last meeting.
Councilmember Kaur
Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air
Agency Advisory Council. The next meeting is scheduled for April 11th.
Councilmember Kaur serves on the Sound Cities Association Growth Management
Planning Council. The next meeting is scheduled for May 30th.
Councilmember Kaur attended “Leadership Tomorrow,” a regional development
program.
Councilmember Higgins
Councilmember Higgins is the Chair of the Public Works Committee. The March 19th
minutes contain his report. There will be a FEMA flood insurance map meeting from
6-8 pm on March 21st in Council Chambers.
Councilmember Troutner
Councilmember Troutner serves on the Sound Cities Association Regional Law,
Safety and Justice Committee. The next meeting is scheduled for March 22nd.
Councilmember Troutner is the chair of the Public Safety Committee on March 13th.
Discussed police uniform contract. The next meeting is scheduled for April 10th.
Councilmember Troutner advised of the two upcoming community meetings.
Councilmember Thomas
Councilmember Thomas serves on the Puget Sound Regional Fire Authority Board
and indicated the next meeting is scheduled for March 21st at 5:30 p.m. at the Kent
Fire Department consortium building located on North Central.
Kent City Council Regular Meeting March 20, 2018
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Councilmember Thomas is the chair of the Operations Committee. During today’s
meeting the committee approved increasing the council’s administrative assistant to
a fulltime position.
Councilmember Fincher
Councilmember Fincher serves on the Sound Cities Association Mental Health and
Drug Dependency Oversight Committee - King County. An update was provided on
the implementation and evaluation program.
Councilmember Fincher serves on the Sound Cities Association King Conservation
District Advisory Committee. No report since last meeting.
Councilmember Fincher is the chair of the Parks and Human Services Committee.
Details were provided regarding the recent rededication ceremony at Hogan Park at
Russell Road. Councilmember Fincher also provided information regarding the new
dock at Lake Fenwick Park, and the Red Cross Hero award. The Human Services
manager gave a presentation regarding the City’s Human Services division.
Councilmember Fincher serves on the Arts Commission and provided details
regarding the current Kent Creates program and the student art exhibits
throughout downtown Kent.
6. Public Hearing
None
7. Public Comment
Steven Smith expressed his concern over the facility being constructed in the old
rehabilitation center on the West Valley Highway and SR 516.
The Rev. Dr. Jayne Parry Moore, of St James Episcopal Church, spoke regarding
affordable Housing and expressed her strong support for the rental licensing and
inspection policy.
Elizabeth Peterson, a North Park resident, spoke regarding the senior housing
development being constructed North of the North Park neighborhood. And
requested additional traffic calming measures.
Hamdi Abdulle spoke in support of the Rental Housing Inspection ordinance and
indicated that Kent’s vision aligns with her agency’s mission.
Susan Stoddard, a North Park resident expressed her concern over increased traffic
through the North Park neighborhood.
A. Rental Housing Inspection Program – Matt Gilbert, Deputy Director of
Economic and Community Development, provided a review of the work done on this
ordinance that included a public outreach component and input from multiple
Kent City Council Regular Meeting March 20, 2018
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associations, unions, and tenants. This ordinance creates an inspection requirement
that is tied to business licenses. Owners are required to hire inspectors to inspect to
a checklist that addresses safety and health issues.
Once the business passes the inspection, the City issues a business license.
Inspections will take place every 3 years that being in 2019.
Mayor Ralph and Council President Boyce expressed their appreciation of Matt’s
work on this project.
8. Consent Calendar
Council President Boyce moved to approve the Consent Calendar Items A
through O, seconded by Councilmember Budell.
The motion passed unanimously with a 7-0 vote.
A. Minutes of March 6, 2018, Workshop and Council Meetings and March
9, 2018 Workshop– Approve
Minutes of March 6, 2018, Workshop and Council Meetings and March 9, 2018
Workshop were approved.
B. Appoint Sandi Westman to the Arts Commission – Confirm
Council confirmed Mayor Ralph’s appointment of Sandi Westman to the Kent Arts
Commission for a four-year term that will expire on October 31, 2021.
C. Appointments to the Bicycle Advisory Board – Confirm
Council confirmed Mayor Ralph’s appointment of Lynell Mooney, John Otakie,
Wendy Graves and Aaron Dent to the Kent Bicycle Advisory Board for two-year
terms, along with reappointment of Andrew (Andy) Sobczyk and Brandon Swanson
for additional two-year terms that will expire on October 31, 2020.
D. Appoint Sarah Grace Roach to the Human Services Commission –
Confirm
Council confirmed Mayor Ralph’s appointment of Sara Grace Roach to the Kent
Human Services Commission as a Youth Member for a two-year term that will
expire December 31, 2020.
E. Appoint Kathleen Cordelia Roberts to the Parks and Recreation
Commission – Confirm
Council confirmed Mayor Ralph’s appointment of Kathleen Cordelia Roberts to fill a
vacant position on the Kent Parks & Recreation Commission, completing the three-
year term that will expire on December 31, 2020.
F. Water Facility Agreement with Covington Water District and Cedar
River Water Sewer District – Authorize
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Council authorized the Mayor to sign a Water Facility Agreement between the City
of Kent, Covington Water District and Cedar River Sewer and Water District, subject
to final terms and conditions acceptable to the City Attorney and Public Works
Director.
G. Contract with Jacobs Engineering Group for the Green River Natural
Resources Area South Pump Station – Authorize
Council authorized the Mayor to sign a Consultant Services Agreement with Jacobs
Engineering Group, Inc., in an amount not to exceed $360,800.00 for engineering
services on the Green River Natural Resources Area South Stormwater Pump
Station, subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
H. Signal Shop Lease – Authorize
Council authorized the Mayor to sign all necessary documents to lease warehouse
space for 36 months at the Plemmons Industrial Park for traffic signal system
storage and workspace, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
I. Resolution Recognizing the Connection Condominiums Neighborhood
Council– Adopt
Resolution No. 1962 was adopted, recognizing the Connection Condominiums
Neighborhood Council, supporting its community building efforts, and conferring on
it all opportunities offered by the City’s neighborhood program.
J. Resolution Recognizing the Laurel Springs Lower Community
Neighborhood Council – Adopt
Resolution No. 1963 was adopted, recognizing the Laurel Springs Lower Community
Neighborhood Council, supporting its community building efforts, and conferring on
it all opportunities offered by the City’s neighborhood program.
K. Rental Housing Inspection Program Ordinance – Adopt
Ordinance No. 4272 was adopted, establishing the rental housing registration and
inspection program.
L. Zoning Code Amendment – Midway Transit Community 1 - Signs –
Ordinance - Adopt
Ordinance No. 4273 was adopted, amending Section 15.06.050 of the Kent City
Code, related to sign regulations in the Midway Transit Community-1 zoning
district.
M. Goods and Services Agreement with L.N. Curtis and Sons for Police
Uniforms – Authorize
Council authorized the Mayor to sign a Goods and Services Agreement with L.N.
Curtis and Sons to purchase police uniforms on an as-needed basis, in an amount
not expected to exceed $100,000 annually, and with options to renew to a
Kent City Council Regular Meeting March 20, 2018
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maximum contract length through December 31, 2023, subject to final terms and
conditions acceptable to the Police Chief and City Attorney.
N. Council Administrative Assistant FTE Increase – Authorize
Council authorized an increase the Council Administrative Assistant position from a
0.75 to 1.00 full-time employee and change the allocation of costs from 100%
Council Office to 50% Council Office and 50% Mayor’s Office.
O. Ordinance Amending the Kent City Code to Create an Alternate
Position on the Arts Commission – Adopt
Ordinance No. 4274 was adopted, that creates an alternate position on the Arts
Commission to fill in for an absent member or vacant position and moves the Arts
Commission code provisions from Chapter 4.02 of the Kent City Code to Chapter
2.61.
9. Other Business
A. Resolution in Support of Puget Sound Regional Fire Authority
Proposition No. 1 - Property Tax Levy for Fire Protection and Emergency
Medical Services – Adopt
Pat Fitzpatrick, City Attorney, provided a brief overview of the procedural
requirements, that include:
1. The resolution be passed at an open public meeting or the council
2. The notice for the meeting contain the title and number of the resolution
3. Members of the Council and members of the public who hold a view opposite
of that expressed in the resolution must be provided with an approximately
equal amount of time to express their opinion at the meeting in which the
resolution is passed.
Pat advised that the first two requirements have been met and for the third
requirement, the Mayor will give approximately equal opportunity to council
members and the public to express an opposing opinion.
Councilmember Troutner moved to adopt Resolution No 1964, supporting
Puget Sound Regional Fire Authority Proposition No. 1 in which voters are
asked to restore the Fire Authority’s effective property tax to $1.00 per
$1,000 of assessed value to fund Fire Authority operations and equipment,
seconded by Councilmember Thomas. Motion passed 7-0.
Council President Boyce spoke in support of the resolution.
Mark Morris, Puget Sound Regional Fire Authority, spoke in support of the motion.
Mayor Ralph provided an opportunity for council members and the public to express
an opposing opinion. There were no speakers in opposition of the motion.
Kent City Council Regular Meeting March 20, 2018
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Pending Approval
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The motion passed unanimously with a vote of 7-0.
B. Lawsuit Against Opioid Manufacturers and Distributors – Approve
Pat Fitzpatrick, City Attorney, provided information regarding the potential litigation
against opioid manufacturers and distributors.
Pat indicated there are many cities counties, and states filing lawsuits against
opioid manufacturers and distributors. The foundations of lawsuits allege the
companies flooded the market with a highly-addictive drug under the guise of a
prescription medication and the risk of addiction and the dangers of the drugs were
not disclosed.
Pat advised that the city of Kent has suffered. Many homeless are heroine addicted,
and property crimes have increased. From a services standpoint, the City’s human
services department is affected, the correctional department is overwhelmed with
medical issues related to opioid addiction, and many of the cases handled by the
prosecutors are related to the opioid epidemic.
The intent of the lawsuit is to hold manufacturers and marketers and distributors
responsible for their actions and to obtain change in the way that opioids are
prescribed and to force defendants to fund the remedy for the problem.
Pat advised of the proposed defendants and assertions regarding the claims. Pat
also advised of the venue where the lawsuit will be initiated and the potential for it
to be removed to federal court.
Pat indicated this is a complicated case and that the City has been consulting with
Keller Rohrback Law Offices. Pat also provided information regarding the benefits of
hiring a law firm on a contingency-basis.
Councilmember Higgins moved to authorize the Mayor to retain the
services of a law firm on a contingency fee basis in order to initiate a
lawsuit against opioid manufacturers and distributors, subject to final
review of the City Attorney and Chief Administrative Officer, seconded by
Councilmember Troutner.
Councilmember Higgins spoke in support of the motion.
Councilmember Fincher spoke in support of the motion.
Councilmember Budell spoke in support of the motion.
The motion passes unanimously with a vote of 7-0.
Mayor Ralph provided final comments.
Kent City Council Regular Meeting March 20, 2018
Minutes Kent, Washington
Pending Approval
Page 10 of 10
10. Bids
None
11. Executive Session and Action after Executive Session
None
12. Adjournment
Mayor Ralph adjourned the meeting at 8:55 p.m.
Kimberley A. Komoto
City Clerk
March 20, 2018
Agenda Item: Consent Calendar – 8B_
8B. Approval of Bills:
Approval of payment of the bills received through February 15, 2018, and paid
on February 15, 2018. The Operations Committee audited the payment of bills
on March 20, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/18 Wire Transfers 7408 - 7424 $2,450,796.96
2/15/18 Regular Checks 721610 - 722138 $5,322,511.59
2/15/18 Payment Plus 100753 - 100780 $114,955.93
Void Checks ($30,478.92)
2/15/18 Use Tax Payable $8,497.28
$7,866,282.84
Approval of payment of the bills received through February 28, 2018, and paid
on February 28, 2018. The Operations Committee audited the payment of bills
on March 20, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/28/18 Wire Transfers 7425 - 7439 $1,965,975.25
2/28/18 Regular Checks 722139 - 722278 $2,361,467.90
2/28/18 Payment + 100781 - 100785 $7,490.11
Void Checks $0.00
2/28/18 Use Tax Payable $1,120.42
$4,336,053.68
Approval of checks issued for payroll for February 1, 2018 through February 15,
2018 and paid on February 20, 2018:
Date Check Numbers Amount
2/20/2018 Checks $0.00
Voids and Reissues
2/20/2018 Advices 403168 - 404046 $1,810,943.07
$1,810,943.07
Approval of checks issued for payroll for February 16, 2018 through February 28,
2018 and paid on March 5, 2018:
Date Check Numbers Amount
3/5/2018 Checks $0.00
Voids and Reissues
3/5/2018 Advices 404047 - 404906 $1,690,251.49
$1,690,251.49
This page intentionally left blank.
Agenda Item: Consent Calendar – 8C_
TO: City Council
DATE: April 3, 2018
SUBJECT: 2013 Fourth Quarter Fee in Lien Funds Re-Allocation - Approve
SUMMARY: On March 4, 2014, city council accepted $7,875 in fee-in-lieu funds from
HS Construction. At that time, the funds were allocated for expenditure at Garrison
Creek Park. Since accepting the funds, projects intended for Garrison Creek Park have
been delayed and will not resume before the five-year fund expenditure deadline of
December 9, 2018. The city must return the funds if they are not used by that date.
Planning and design of high priority park improvements are currently underway,
where these funds can still be used to benefit the city. We, therefore, ask that the
funds dedicated to Garrison Creek Park in 2014 be reallocated toward capital
improvements at Kent Memorial Park.
EXHIBITS: A. Copy of Council Acceptance
B. Copy of Revenue Report
RECOMMENDED BY: Parks and Human Services Committee
YEA: Fincher, Budell, Kaur NAY:
BUDGET IMPACT: Revenue and expense will impact the Community Parks
Reinvestment Budget.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense
of belonging.
MOTION: Authorize the Mayor to approve the reallocateion $7,875 of fee-
in-lieu funds dedicated to Garrison Creek Park, amend the Community
Parks Reinvestment Program budget, and authorize the future expenditure
of these same funds for capital improvements at Kent Memorial Park.
This page intentionally left blank.
Kent City Council Meeting Minutes March 4,20L4
I. 2O14 Washington State Slo-Pitch Umoires Association Agreement -
Authorize. The Mayor was authorized to sign the Washington State Slo-pitch Softball
Umpires Association Agreement for the 2014 season, subject to final terms and
conditions acceptable to the City Attorney and the Parks Director.
J. Fire Station #74 Data Center Remodel Aqreement with Dutton Electric
Companv, fnc. - Authorize. The Mayor was authorized to sign the contract with
Dutton Electric Company, Inc. to perform all work for the new city-wide Data Center at
Fire Station #74 in the amount of $53,232.33, including WSST, subject to final terms
and conditions acceptable to the city Attorney and the Parks Director.
K. 2O13 Fourth Quarter Fee-in-Lieu Funds - Acceot. The Mayor was authorized to
accept $7,875,00 for fourth quafter 2013 fee-in-lieu funds and authorizing the
expenditure of funds in the Garrison Creek Park Budget.
L. Malik Ridge Final Plat - Approve, The Mayor was authorized to approve the final
plat for Malik Ridge and authorize the Mayor to sign the mylars.
M, Boeing Company - Release and Cancellation of Sanitarv Sewer Easement -Approve. The Mayor was authorized to approve a Release and Cancellation of the
Sanitary Sewer Easement with the Boeing Company, subject to final terms and
conditions acceptable to the Public works Director and cily Attorney.
N. Boeino Company - Release and Cancellation of Public Turnaround
Easement - Approve. The Mayor was authorized to approve the Release and
Cancellation of the Public Turnaround Easement with the Boeing Company, subject to
final terms and conditions acceptable to the Public Works Director and City Attorney.
OTHER BUSINESS
A. Consultant Services Contract with Karras Consulting - Authorize. - Lorraine
Peterson, Human Resources Director discussed the item. She noted that this item was
brought to the operations committee in september and 93,700 was spent in
advertising the position. She noted that the City received some responses, but yielded
no fully qualified applicants. Additionally, she stated that the three reasons Karras can
do this recruitment are first, the Human Resource Department isn't staffed to do
executive searches. She noted that executive searches utilize a lot of resources and
entail doíng full candidate profiles, having an executive database, and doing
background checks. She pointed out that Karras utilizes íts database and contacts
possible highly qualified executive candidates about vacant positions. She
communicated that another positive in using Karras Consulting is that they have had
very successful recruitments in the State of Washington. She communicated that
Karras also limits the number of recruitments they handle at one time in order to give
their clients the attention they deserve. Patterson explained that Karras has great
references and they are experienced in networking and finding the right candidate.
Councilmember Fincher questioned if the salary range here in Kent would be sufficient
to attract a candidate who is currently comfortable in their present position and
Peterson commented that our package is very acceptable. Furthermore, she
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GL Date Doc # Batch # Amount
12t9t2013 JK 153900
Account Total
Report Total
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Agenda Item: Consent Calendar – 8D_
TO: City Council
DATE: April 3, 2018
SUBJECT: South 228th Street UPRR Grade Separation Project Reimbursement
Agreement with AT&T - Authorize
SUMMARY: AT&T has temporarily relocated its facilities to accommodate the
construction of the 228th Street overpass project. They have requested the City install
new conduit for future placement of their facilities in the new overpass and bridge.
This reimbursement agreement will allow the City to be reimbursed for the design and
construction costs to install the new conduit with the City’s project.
EXHIBITS: Reimbursement Agreement with AT&T
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACT: All costs to the City will be reibursed by AT&T.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Authorize the Mayor to sign a Reimbursement Agreement with
AT&T for the South 228th Street UPRR Grade Separation Project, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
This page intentionally left blank.
REIMBURSEMENT AGREEMENT
This Reimbursement Agreement ("Agreement") is between the City of Kent, a
washington municipal corporation ('oCify"), and AT&T Corp., a New york corporation
("AT&T").
RECITALS
A.
"Project").
The City is making right-of-way improvements to S. 228th Street (the
B. The Project requires AT&T to relocate its authorized undelground facilities
that are currently in conflict with this project, pursuant to RCW 35.99.060.
C. AT&T has requested that its facilities be relocated under the sidewalk and
across the bridge the City plans to build as part of the Project and has agreed to reimburse the
city for the design and construction costs associated with the New Facilities.
AGREEMf,NT
The City and AT&T therefore agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with a
Contractor for the construction of a grade separation between the UPRR tracks and S. 228th
Street which will include new conduit installation under the sidewalk and across the bridge
for AT&T ("New Facilities").
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work is refened to as "the
Contractot' in this Agreement. The Contractor, pursuant to a contract with the City, will be
responsible for constructing the New Facilities. The City represents that any such contract
shall further require that the Contractor's work be performed in a good and workmanlike
manner consistent with industry standards and conducted in conformity with (i) the
applicable procedures and requirements of the parties as described herein; (ii) all applicable
laws, ordinances and regulations of any governmental authority, and; (iii) all applicable terms
and provisions of the National Electric Safety Code, as may be amended, supplemented or
replaced from time to time, including but not limited to those pertaining to protection and
separation ofconductors buried in earth.
JOINT TRENCH AGREEMENT-Page I of8
(between City of Kent ctnd A'I'&7' Ile: S. 228tt' Str.eet)
(December 6,2017)
3.RESPONSIBILITY OF THE PARTIES
3.1 AT&T Coordination.
(a) The Contractor will provide, install and proof conduit for AT&T on the
bridge and sidewalk according to the contract plans. AT&T shall maintain continued
coordination with the Contractor regarding the installation of the New Facilities.
(b) For any work that AT&T performs independently fi'om the Contractor's work
on the Relocated Facilities, AT&T shall coordinate closely with the City and the Contractor
to ensure this work will not conflict with the Contractor's work on the Project. AT&T shall
pay any claims for additional compensation made by the Contractor resulting from conflicts
with AT&T's independent work in accordance with Section 4.3 of this Agreement.
3.2 Title to Facilities. All rights, title and interest in the facilities and associated
equipment shall at all times remain with AT&T.
4. REIMBURSEMENT AND PAYMENT
4.1 Design and Construction Costs. AT&T shall reimburse the City for all final
and actual costs incurred by the City to design and construct the New Facilities on the new
bridge and sidewalk ("Actual Design and Construction Costs"). Preliminary costs will be
agreed upon prior to construction based on an estimate from the bid accepted by the City.
Costs will be finalized after completion of construction to account for all final and actual
design and construction costs.
4.2 Additional Expenses. AT&T agrees to pay additional expenses incurred due
to all AT&T's approved change requests for any reason.
4.3 Claims by Contractor. AT&T agrees to pay the entire cost of any claims
made by the Contractor for damages that are proximately caused by AT&T. These claims
may include any conflicts between the Contractor and AT&T or any of its contractors.
4.4 Invoice. AT&T shall pay the City within 45 days of submittal by the City of
an itemized billing for the Actual Construction Costs and any additional change request
expenses as set forth in this Section 4.
4.5 Defective or Unauthorized llork.
(a) Per the terms of the agreement between the City and Contractor, AT&T
reserves the right to withhold payment to the City for any defective or unauthorized work
performed by the Contractor. Defective or unauthorized work includes, without limitation:
work and materials that do not conform to the requirements of this Agreement, and extra
work and materials furnished without AT&T's approval.
JOINT TRENCH AGREEMENT- Page 2 of 8
(belween City of Kent antl AT &7' I?e: S. 22{' Sueet)
(December 6,2017)
(b) Before withholding payment to the City, AT&T shall provide written notice
to the City of any work it believes to be defective or unauthorized. Upon receipt of written
notice, the City shall be afforded 60 days to correct any work it agrees is defective or
unauthorized.
4.6 Final Payment/llaiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the Contractor, except those previously and properly
made and identified by the Contractor as authorized and unsettled at the time request for final
payment is made.
5. CHANGES.
AT&T shall submit any changes requested to be performed by the Contractor to the
City. The City shall submit this to the Contractor; obtain a price from the Contractor to
perform the work, and notify AT&T of this price. AT&T shall then have 24 hours from the
time it receives the price from the City, within which to respond.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnifu and hold the other party, its officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the
performance of the party's work required under this Agreement, except for injuries and
damages caused by the negligence or willful misconduct of the other party.
The indemnification from AT&T to the City shall include all claims, injuries,
damages, losses or suits from third parlies arising out of the fact that the specific portion of
the trench at issue was being made available to AT&T by the contractor, except for injuries
and damages caused by the negligence or willful misconduct of the City.
Should a couft of competent jurisdiction determine that this Agreement is subject to
RrCW 4.24.115, then, in the event of liability for damages arising out.of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
parties, its officials, employees and agents, a parfy's liability hereunder shall be only to the
extent of the party's negligence. The provisions of this section shall survive the expiration or
termination of this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of
another, or on the rights or title relating thereto, or any interest therein, or in this Agreement.
Each party shall promptly,at its own expense, take such action as may be necessary to duly
discharge any lien created by it on the property ofanother.
JOINT TRENCH AGREEMENT-Page 3 of 8
(between City of Kent and A7'&T I?e: S, 228tt' Street)
(December 6,2017)
7. INSURANCE.
7.l The Contractor shall maintain in full force and effect at its own cost insurance
of the types and in the amounts described below against claims for injuries to persons or
damage to propefty which may arise from or in connection with the performance of the work
by the contractor, its agents, representative, employees, sub consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five
million dollars ($5,000,000.00) per occuffence and five million dollars ($5,000,000.00)
general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01
l/96 or its equivalent and include severability of interests. Coverage shall include, but not be
limited to: blanket contractual, Products/Completed operations/broad form property damage;
explosion, collapse and undetground (XCU); and employers liability. Such insurance shall
name the City, its officers, officials and employees and AT&T as additional insureds per ISO
CG 2026 or its equivalent. There shall be a waiver of subrogation and rights of recovery
against the City, its officers, officials and employees and AT&T. Coverage shall apply as to
claims between insureds on the policy, if applicable. Coverage may take the form of a
primary layer and a secondaty or umbrella layer, but the combination of layers must equal
S5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined single
limits of one million dollars ($1,000,000.00) each occurrence with respect to each of
Contractor's owned, hired and non-owned vehicles assigned to or used in the operation of
this contract in the City. The policy shall contain a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thifty (30) days'wriften notice first provided to
the City, via certified mail, and ten (10) days' notice for nonpayment of premium. If the
insurance is canceled or materially altered so as to be out of compliance with the
requirements of this subsection within the term of this contract, Contractor shall provide a
replacement policy. Contractor agrees to maintain continuous uninterrupted insurance
coverage, in at least the amounts required, for the duration of this contract.
7.2 Deductibles / Certificate of Insurance. Any deductible of the policies shall
not in any way limit Contractor's liability to the City.
7.3 Endorsements. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and agents
and AT&T are to be covered as, and have the rights of additional insureds with respect to
liability arising out of activities performed by, or on behalf of Contractor under this contract;
(b) Contractor's insurance coverage shall be primary insurance with respect to
the City, its officers, officials, boards, commissions, employees and agents and AT&T. Any
insurance or self-insurance maintained by AT&T or the City, its officers, officials, boards,
commissions, employees and agents shall be in excess of the Contractor's insurance and shall
not contribute to it; and
JOINT TRENCH AGREEMENT-Page 4 of 8
(between City of Kent an(t A7'&1' Ile: S. 228il' Str.eet)
(December 6,2017)
(c) Contractor's insurance shall apply separately to each insured against whom a
claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be
placed with insurers with a Best's rating of no less than "A VII."
7.5 Verification of Coverage. The Contractor shall furnish the City with
certificates of insurance and endorsements or a copy of the page of the policy reflecting
blanket additional insured status. The certificates and endorsements for each insurance
policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements for each insurance policy are to be on standard forms or
such forms as are consistent with standard industry practices.
8. MISCELLANEOUS.
8.1 Compliance with Lows. The parties shall comply with all federal, state and
local laws, rules and regulations throughout every aspect in the performance of this
Agreement.
8.2 Nornvaiver of Breach. The failure of a party to insist upon strict performance
of any of the terms and rights contained herein, or to exercise any option herein conferred in
one or more instances, shall not be constructed to be a waiver or relinquishment of those
terms and rights and they shall remain in full force and effect
8.3 Governing Lau,. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the
parties or between any party and the contractor under any of the provisions of this
Agreement, resolution of that dispute shall be available only through the jurisdiction, venue
and rules of the King County Superior Court, King County, Washington.
8.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240,in any
claim or lawsuit for damages arising from the parties' performance of this Agreement, each
party shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit a
party's right to indemnification under Section 8 of this Agreement.
8.5 Written Notice. All communications regarding this Agreement shall be sent
to the parties at the addresses listed on the signature page of this Agreement, unless otherwise
notified. Any written notice shall become effective upon delivery, but in any event three (3)
calendar days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated on this Agreement.
8.6 Modification. No waiver, alteration, or modificatioq of any of the provisions
of this Agreement shall be binding unless in writing and signed by a duly authorized
representative of each of the affected parties.
JOINT TRENCH AGREEMENT- Page 5 of 8
(between City o.f Kent and A7'&7' Ile: S. 228tt' Slreet)
(December 6,2017)
8.7 Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this Agreement and the remainder shall remain in full force and
effect.
8.8 Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or paftnership is created by this Agreement. No party shall (i) have the
power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense
whatsoever of another.
8.9 Force Majeure. A party will not be in breach of this Agreement if unable to
perform its respective obligations as a result of the occunence of an event of o'force majeure,"
which shall include, but not be limited to, acts of God, acts of the govemment of the United
States or of any state or political subdivision thereof; strikes, civil riots or disturbances, fire,
floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar
catastrophes or other causes beyond the parties' reasonable control. The scope ofevents of
force majeure shall not extend to payment of money owed hereunder.
8.10 Entire Agreement. The written provisions and terms of this Agreement,
together with any attached Exhibits, supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part of or
altering in any manner this agreement. This Agreement and any attached Exhibits contain
the entire Agreement between the parties. Should any language in any Exhibit to this
Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.AT&T CITY OF KENT
//;,1 tw.*p,.*-
Print Name: { lvrn $ llie.hqrf .an
Titl
DA
NOTICES TO BE SENT TO:
AT&T
AT&T
3450 Riverwood Parkway SE, Rm. 162
Atlanta, GA 30339
Print Name:
Title:
DATE:-
NOTICES TO BE SENT TO:
CITY OF KENT
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Chad Bieren
(253) 856-s534 (Desk)
(253) 856-6500 (Fax)
e:
JOINT TRENCH AGREEMENT-Page 6 of8
(between City of Kent and AT&7' Ile : S. 228tt' Street)
(December 6,2017)
With a oopy to:
AT&T
tlz/+l WillowsRdNE, Suite 130
Redmond, WA 98052
(42s)896-9830
APPROVED AS TO FORM:
Kent Law Deparfrnent
UA]*
JOINT TRENCH AGREEMENT-Page 7 of8
(between City of Kent and AT&T Re: S. 22dh Steeg
@ecember 6,2017)
Exhibit A
AT &T 2'' CONDTIIT PIPEI22STH GRADE SEPERATION
CONDUIT
2 iuch Diaureter l5oucluit $
CONDUIT
s 90.000
l07o Engineerilg & Corrstnrctiou Mauageureut $9.000
12% Conthgency $r0.800
sl
lLF--l
S le.soo I
fS rog"80o l
JOINT TRENCH AGREEMENT-Page 8 of 8
(between City of Kent and AT&T Re: S. 22dt' Street)
(December 6,2017)
Agenda Item: Consent Calendar – 8E_
TO: City Council
DATE: April 3, 2018
SUBJECT: South 228th Street Grade Separation Project Joint Utility Trench
Agreements with Comcast, Zayo, and Puget Sound Energy – Authorize
SUMMARY: Century Link, Comcast, Zayo, and Puget Sound Energy (PSE) Gas and
Power will need to relocate their facilities to accommodate construction of the South
228th Street Union Pacific Railroad (UPRR) Grade Separation project. Currently, these
facilities lie underground and are in conflict with future improvements along South
228th Street on the east side of the UPRR tracks. Comcast, Zayo and PSE Gas will
participate in a joint utility trench that the City’s contractor will construct as part of
the overall project.
Constructing these improvements as part of a City public works contract ensures the
timely relocation of utilities and minimizes utility conflicts during construction of other
improvements. This arrangement reduces the risk of change orders due to utilities,
which can be significant. Each utility will pay its proportionate share of costs to
complete the relocation of its facilities.
Last year many of these utility companies relocated their facilities on the west side of
the UPRR tracks from above ground poles to underground. They participated in a joint
utility trench that the City’s contractor constructed on the west side of the tracks.
EXHIBITS: Joint Utility Trench Agreements with Comcast, Zayo and Puget Sound Energy
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY:
BUDGET IMPACT: All costs will be reimbursed by the utilities to the City.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Authorize the Mayor to sign Joint Utility Trench Agreements with
Comcast, Zayo and Puget Sound Energy for the South 228th Street UPRR
Grade Separation Project, subject to final terms and conditions acceptable
to the City Attorney and Public Works Director.
This page intentionally left blank.
JOINT TRENCH AGREEMENT
Between the City of Kent and Comcast
fOT thc S.228th St. GRADE SEPARATION AT THE UNION PACIFIC RAILROAD_
(Union Pacific Railroad to 72d Ave S)
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation ("City"), and Comcast of Washington, Inc., a Washington corporation ("Comcast").
RECITALS
WHEREAS, the City is making right-of-way improvements to S. 228th Sfeet, and
WHEREAS, it is the City's belief that pursuant to local ordinance and the franchise
agreement between the City and Comcast dated May 4, 1993 and the Franchise Clarification
Agreement dated May 5,2004 and under State law, these right-of-way improvements require
Comcast to relocate their facilities that are currently in conflict with this project, and
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with a
Contractor for the construction of a joint utility trench which shall include Comcast, Zayo, and
PSE gas facilities (the "Trench"). This joint utility trench will be placed along the north side of
S. 228th Street, between the Union Pacific Railroad and 72"d Ave S.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
"the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City, will be
responsible for constructing the trench and installing Comcast, Zayo, and PSE gas facilities;
accommodating and coordinating the installation of PSE facilities; installing the bedding
material, backfilling and compacting the Trench; and performing any restoration required by the
City. The City represents that any such contract shall further require that the Contractor's work
be performed in a good and workmanlike manner consistent with industry standards and
conducted in conformity with (i) the applicable procedures and requirements of the parties as
described herein; (ii) all applicable laws, ordinances and regulations of any governmental
authority, and; (iii) all applicable terms and provisions of the National Electric Safety Code, as
JOINT TRENCH AGREEMENT- Page I of 10
(between City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
may be amended, supplemented or replaced from time to time, including but not limited to those
pertaining to protection and separation ofconductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. Comcast shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for the
underground relocation of Comcast's facilities. The drawings shall show in detail the location
and elevation of the conduits, Trench, and vaults.
3.2 Provision of Conduit and Vaults. Comcast shall provide conduit for installation
by the Contractor in the Trench and shall furnish and deliver all vaults to the site for installation
by the Contractor. Comcast shall schedule all deliveries in a timely manner as outlined in
Section 3.4, so as not to delay the Contractor.
3.3 Trffic Control. The Contractor shall perform all traffic control associated with
installation of facilities within the Trench. Comcast shall be responsible for providing traffic
control during installation of facilities not located within the Trench. Comcast shall submit a
general traffic control plan for these installations.
3.4 Comcost Coordination.
(a) The Contractor will install Comcast's conduit in the Trench and in the street
crossings. The Contractor will excavate for and place Comcast vaults in the Trench including
bedding and backfill. Comcast shall maintain continued coordination with the Contractor
regarding the installation of Comcast's facilities and shall coordinate closely with the Contractor
to provide all necessary materials on-site in a timely manner; provided that Contractor shall
provide Comcast with at least ten (10) days prior notification for material delivery by Comcast.
(b) For any work that Comcast performs independently from the Contractor's work in
the Trench, Comcast shall coordinate closely with the City and the Contractor to ensure this
work will not conflict with the Contractor's work in the Trench. Comcast shall pay any claims
for additional compensation made by the Contractor resulting from conflicts with Comcast's
independent work in accordance with Section 4.5 of this Agreement.
3.5 Removal of Affected Facilities. Parties acknowledge and agree that Comcast
shall in no event be required to remove its respective, affected facilities, prior to completion of
its underground facilities, in accordance with this Agreement, as long as the installation is
completed in conformity with this Agreement.
3.6 Surveys. The City shall provide the survey for the location of the Trench and
vaults
JOINT TRENCH AGREEMENT- Page 2 of l0
(between City of Kent and Comcast Re: S. 228tt' Stree)
(January 16,2018)
3.7 Title to Facilities. All rights, title and interest in the facilities and associated
equipment shall at all times remain with Comcast.
4. COMPENSATION
4.1 Trench costs. Comcast shall pay the City a portion of the Trench costs,
commensurate with its proportionate share of Trench usage, including street crossings, as shown
in Exhibit B attached hereto and incorporated by this reference. Preliminary costs will be agreed
upon prior to construction based on an estimate from the bid accepted by the City. Costs will be
finalized after completion of construction to account for actual construction costs.
4.2 Survey. Comcast shall pay a proportionate share of costs to provide survey for
vault locations and elevations and any other survey that may be required to locate and place
Comcast facilities. These costs shall be based on a percentage of the construction costs.
4.3 Trffic Control. Comcast shall pay a proportionate share of traffic control costs
related to the construction of the Trench where Comcast facilities are included. The
proportionate share will be based on trench usage as shown in Exhibit B. Comcast shall pay for
all traffic control during the installation of Comcast facilities, not associated with the Trench.
4,4 Additional Expenses. Comcast agrees to pay its proportionate share of additional
.expenses incurred due to all Comcast's approved change requests requiring additional trench
depth or width and for unforeseen conditions, including but not limited to dewatering for ground
water. Comcast is not obligated to pay for any share of additional expenses incurred due solely
to approved change requests from other private utilities and/or the City.
4.5 Claims by Contractor. Comcast agrees to pay the entire cost of any claims made
by the Contractor that are proximately caused by Comcast. These claims may include delays
caused by the installation of Comcast facilities, delays caused by Comcast providing materials,
or any other conflicts between the Contractor and Comcast's contractor.
4.6 Vaults. Comcast agrees to pay for the excavation, site preparation, and
installation for their vaults, including bedding and backfill, separately and in addition to any
survey costs and Trench costs within this Section 4. These additional costs shall be preliminarily
determined from the bid price accepted by the City. The cost to excavate for and install
Comcast's vaults will be finalized after completion of construction to account for actual
construction costs.
4.7 Invoice. Comcast shall pay the City within sixty (60) days of submittal by the
City of an itemized billing for Comcast's proportionate share of all actual, identified expenses
incurred by the City or the Contractor in constructing ttre Trench as set forth in this Section 4.
4.8 Defective or Unauthorized Work.
JOINT TRENCH AGREEMENT- Page 3 of l0
(between City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
(a) Comcast reserves the right to withhold payment to the City for any defective or
unauthorized work performed by the Contractor. Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this
Agreement, and extra work and materials fumished without Comcast's approval.
(b) Before withholding payment to the City, Comcast shall provide written notice to
the City of any work it believes to be defective or unauthorized. Upon receipt of written notice,
the City shall be afforded 60 days to correct any work it agrees is defective or unauthorized. If
the City does not agree that the work is defective or unauthorized within 15 days of receipt of the
written notice, Comcast may correct or complete the work at its sole cost.
4.9 Final Payment/Waiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the Contractor, except those previously and properly made
and identified by the Contractor as unsettled at the time request for final payment is made.
5. CHANGES.
Comcast shall submit any changes requested to be performed by the City's Contractor to
the City. The City shall submit this to the Contractor; obtain a price from the Contractor to
perform the work, and notify Comcast of this price. Comcast shall then have 24 hours from the
time it receives the price from the City, within which to respond. If Comcast chooses not to
accept the Contractor's price then this work shall only be performed by Comcast according to a
mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees, contractors, subcontractors, representatives and agents harmless from any and all
claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of
or in connection with the performance of the party's work required under this Agreement, except
for injuries and damages caused by the negligence or willful misconduct of the other party.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
JOINT TRENCH AGREEMENT- Page 4 of 10
(betvveen City of Kent and Comcast Re: S. 228th Street)
(January 16,2018)
shall promptly, at its own expense, take such action as may be necessary to duly discharge any
lien created by it on the property of another.
7. INSURANCE.
7.1 The City's Contractor shall maintain in full force and effect at its own cost
insurance of the types and in the amounts described below against claims for injuries to persons
or damage to property which may arise from or in connection with the performance of the work
by the Contractor, its agents, representative, employees, sub consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five million
dollars ($5,000,000.00) per occurrence and five million dollars ($5,000,000.00) general
aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01 1/96 or its
equivalent and include severability of interests. Coverage shall include, but not be limited to:
blanket contractual, Products/Completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employers liability. Such insurance shall name the City,
its officers, officials and employees as additional insureds per ISO CG 2026 or its
equivalent. There shall be a waiver of subrogation and rights of recovery against the City, its
officers, officials and employees. Coverage shall apply as to claims between insureds on the
policy, if applicable. Coverage may take the form of a primary layer and a secondary or
umbrella layer, but the combination of layers must equal $5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined single
limits of one million dollars ($1,000,000.00) each occurrence with respect to each of
Contractor's owned, hired and non-owned vehicles assigned to or used in the operation of this
contract in the City. The policy shall contain a severability of interests provision.
(c) Workers' Compensation insurance with statutory limits as required in the state(s)
of operation; and providing coverage for any employee in connection with this Agreement, even
if not required by statute. Employer's Liability or "Stop Gap" insurance with limits of not less
than $1,000,000 each accident.
(d) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thirly (30) days' written notice first provided to the
City, via certified mail, and ten (10) days'notice for nonpayrnent of premium. If the insurance is
canceled or materially altered so as to be out of compliance with the requirements of this
subsection within the term of this contract, Contractor shall provide a replacement
policy. Contractor agrees to maintain continuous unintemrpted insurance coverage, in at least
the amounts required, for the duration of this contract.
7 .2 Deductibles / Certfficate of Insurance. Any deductible of the policies shall not in
any way limit Contractor's liability to the City.
JOINT TRENCH AGREEMENT- Page 5 of 10
(benveen City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
7.3 Endorsemenls. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and agents are to
be covered as, and have the rights of, additional insureds with respect to liability arising out of
activities performed by, or on behalf of, Contractor under this contract;
(b) Contractor's insurance coverage shall be primary insurance with respect to the
City, its officers, officials, boards, commissions, employees and agents. Any insurance or self-
insurance maintained by the City, its officers, officials, boards, commissions, employees and
agents shall be in excess of the Contractor's insurance and shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against whom a
claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be placed
with insurers with a Best's rating of no less than "A VII."
7.5 Verification of Coverage. The Contractor shall furnish the City with certificates
of insurance and endorsements or a copy of the page of the policy reflecting blanket additional
insured status. The certificates and endorsements for each insurance policy are to be signed by a
Person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on standard forms or such forms as are
consistent with standard industry practices.
8. F'RANCHISE AGREEMENT
The City and Comcast agree that as to future projects, by entering into this Agreement
neither party has waived any rights it may have under the existing franchise agreement between
the City and Comcast, and the City and Comcast expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, Comcast's participation in the joint
trench activity contemplated in this Agreement, and its very participation in this Agreement,
shall in no event be construed as acceptance, affirmation or ratification of the City's construction
of Comcast's obligation to underground their facilities and enter into a writing pursuant to the
franchise agreement, and parties understand and agree that the terms and conditions of this
Agreement shall not be considered as a basis for future undergrounding projects that may be
franchise-required.
9. MISCELLANEOUS
9.I Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the perforrnance of this Agreement.
JOINT TRENCH AGREEMENT- Page 6 of 10
(benueen City of Kent and Comcast Re: S. 228th Street)
(January 16,2018)
9.2 Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
9.3 Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises befween the parties or between
any party and the Contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
9.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall be responsible for payrnent of its own legal costs and attomey's fees incurred in defending
or bringing such claim or lawsuiq however, nothing in this subsection shall limit a party's right
to indemnification under Section 8 of this Agreement.
9.5 Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
9.6 Modificotion. 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
ofeach ofthe affected parties.
9.7 Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
9.8 Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever
of another.
9.9 Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots
or disturbances, flre, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other
similar catastrophes or other causes beyond the parties' reasonable control. The scope of events
of force majeure shall not extend to payment of money owed hereunder.
JOINT TRENCH AGREEMENT- Page 7 of 10
(between City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
9.10 Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
COMCAST CITY OF KENT
Print Name:Print Name:
Title llP l3inn nr ?
n1fln 2-lb-N DATE
NOTICES TO BE SENT TO:
Comcast
Comcast of Washineton. Inc.
1525 75th St Sw
Everett. WA 98203
Attn: Jerry Steele
(253\ 288-7432 (Desk)
Q06\391-1763 (Cell)
With a copy to:
Comcast
1701 JFK Boulevard
Philadelphia, PA 19103
Attention: General Counsel
JOINT TRENCH AGREEMENT Page 8 of 10
(between City of Kent and Comcast Re: S. 228tt' Street)
NOTICES TO BE SENT TO:
CITY OF KENT
Citv of Kent
220hurthAvenue South
Kent. WA 98032
Attn: Tim LaPorte
(253) 856-5534 (Desk)
(253) 856-6500 (Fax)
APPROVED AS TO FORM:
Kent Law Department
(January 16,2018)
Exhibit A
S. 228th Street East Joint Trench Agreement
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JOINT TRENCH AGREEMENT- Page 9 of 10
(between City of Kent and Comcast Re: S. 228tt' StreeQ
(January 16,2018)
1
EXHIBIT B
PROPORTIONATE SHARES
COMCAST COST FOR: (SHARING MAI[{ JOINT TRENCH COST, VAUI-TS, AND MINOR
TRENCHES FOR VAULTS CONNECTTONS)
ASSUMED 6OLF TRENCH FOR EACH VAULT CONNECTION.
ASSUMED THERE ARE 4 VAULTS WITH SAME SIZE AND PRICE IN THE WEST JOINT
TRENCH.
ItemNo Quan.Item Description Unit Unit
Price
Item
Amount
COMCAST TOTAL COST
I Joint Trench By Linear Foot EA
$
45,018
$
4i.018
6014 240 Joint Utility Trench (2.0 Ft. Wide, 3 Ft. Min. Cover)LF
$
60
S
14.400
6015 91
Crushed Surfacing Top Course, 5/8 Inch Minus Fol Trenches to Connect 4
Vaults and vaults Installation.TON
$
35
S
.t. I L\-l
6036 74 Sand for Conduits Beddine For Trenches to Connect 4 Vaults TON
$
35
s
2,587
6038 20 Foundation Material. Class I and II TON
$
35
S
(r83
605 l 4 Corncast - Vault Excavation and Installation (264-T A)EA
$
3,000
s
12,000
6056*r.722 Installaiton and Proofins of 4 Inch Diarneter Comcast Conduit LF
$
6
$
l0lt)
6115 16 Non- Woven Geotextile Fabric For Vault lnstallation SY
$
13
S
208
6155 *1,020 Shoring or Extra Excavation Class B SF
$
0.75
$
765
TOTAL SCHEDULE I
$
89,175
ENGINEERING & CONTINGENCY COST
20% Engineering & Construction Management
$
r7.835
10% Contineencv
s
8.91 8
l0% Sale Tax
$
8 918
TOTAL ENGTNEERING & CONTINGENCY COST
$
3s.670
TOTAL PROJECT CONSTRUCTION COST
$
124,845
JOINT TRENCH AGREEMENT* Page i0 of l0
(between City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
JOINT TRENCH AGREEMENT
Between the City of Kent and Puget Sound Energy Gas
fOT thE S.228th St. GRADE SEPARATION AT THE UNION PACIFIC
RAILROAD-
(Union Pacific Railroad to76th Ave S)
This Agreement is between the City of Kent, a Washinglon municipal corporation
("City"), and Puget Sound Energy, a Washington corporation ("PSE").
RECITALS
A. The City is making right-of-way improvements to S. 228th Street.
B. These right-of-way improvements require PSE to relocate its authorized
underground facilities that are currently in conflict with this project, pursuant to RCW
35.99.060.
C. Relocation of these facilities requires trenching within the rightof-way
and the parties recognize the efficiencies of entering into an agreement to dig one trench
in which all parties will relocate their facilities.
AGRI,EMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with
a Contractor for the construction of a joint utility trench ("Trench") which may include
Comcast, Verizon, Zayo, PSE power and PSE gas facilities. This Trench will be located
along the north side of S. 228th Street, between the Union Pacific Railroad andT6tt' Ave S
as referenced in the plan sheet attached as Exhibit A and incorporated by this reference.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work is referred to as
"the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City,
will be responsible for constructing the Trench and installing Comcast, Yerizon, Zayo,
PSE power and PSE gas facilities; accommodating and coordinating the installation of
PSE facilities; installing the bedding material, backfilling and compacting the Trench;
and performing any restoration required by the City. The City represents that any such
contract shall further require that the Contractor's work be performed in a good and
workmanlike manner consistent with industry standards and conducted in conformity
JOINT TRENCH AGREEMENT-Page I of l0
(between City of Kent and PSE Gas Re: S. 228th Su'eet)
(January 26,2018)
with (i) the applicable procedures and requirements of the parties as described herein; (ii)
all applicable laws, ordinances and regulations of any governmental authority, and; (iii)
all applicable terms and provisions of the National Electric Safety Code, as may be
amended, supplemented or replaced from time to time, including but not limited to those
pertaining to protection and separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. PSE shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for
the underground relocation of PSE's facilities. The drawings shall show in detail the
location and elevation of the conduits, trench, and vaults.
3.2 Provision of Conduit and Vaults. PSE shall install its pipe in the Trench
and shall schedule all deliveries in a timely manner as outlined in Section 3.4, so as not to
delay the Contractor.
3.3 Traffic Control. The Contractor shallperform alltraffic controlassociated
with installation of facilities within the Trench. PSE shall be responsible for providing
traffic control during installation of facilities not located within the Trench. PSE shall
submit a general traffic control plan for these installations.
3.4 PSE Coordination.
(a) PSE shall maintain continued coordination with the Contractor regarding
the installation of PSE's facilities and shall coordinate closely with the Contractor to
provide alI necessary materials on-site in a timely manner.
(b) For any work that PSE performs independently from the Contractor's
work in the Trench, PSE shall coordinate closely with the City and the Contractor to
ensure this work will not conflict with the Contractor's work in the Trench. PSE shall
pay any claims for additional compensation made by the Contractor resulting from
conflicts with PSE's independent work in accordance with Section 4.5 of this Agreement.
3.5 Removal of Affected Facilities. Parties acknowledge and agree that PSE
shall in no event be required to remove its respective, affected facilities, prior to
completion of its underground facilities, in accordance with this Agreement, as long as
the installation is completed in conformity with this Agreement.
3.6 Surveys. The City shall provide the survey for the location of the Trench
and vaults.
3.7 Title to Facilities, All rights, title and interest in the facilities and
associated equipment shallat alltimes remain with PSE.
JOINT TRENCH AGREEMEN'|-Page 2 of l0
(between Cily of Kent and PSE Gas Re: S. 228th Street)
(January 26,2018)
4. COMPENSATION
4.1 Trench cosfs. PSE shall pay the City a portion of the Trench costs,
commensurate with its proportionate share of Trench usage, including street crossings, as
shown in Exhibit B attached hereto and incorporated by this reference. Preliminary costs
will be agreed upon prior to construction based on an estimate from the bid accepted by
the City. Costs will be finalized after completion of construction to account for actual
construction costs.
4.2 Survey. PSE shall pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate
and place PSE facilities.
4.3 Trffic Control. PSE shallpay a proportionate share of traffic controlcosts
related to the construction of the Trench where PSE facilities are included. The
proportionate share will be based on trench usage as shown in Exhibit B. PSE shall pay
for all traffic control during the installation of PSE facilities, not associated with the
Trench.
4.4 Additional Expenses. PSE agrees to pay any expenses incurred due to all
PSE's approved change requests requiring additional trench depth or width and for
unforeseen conditions, including but not limited to dewatering for ground water. PSE is
not obligated to pay for additional expenses incured due solely to approved change
requests from other private utilities and/or the City.
4.5 Claims by Contracror. PSE agrees to pay the entire cost of any claims
made by the Contractor for damages that are proximately caused by PSE. These claims
may include delays caused by the installation of PSE facilities, delays caused by PSE
providing materials, or any other conflicts between the Contractor and PSE or any of its
contractors.
4.6 Vaults. PSE agrees to pay for the excavation, site preparation, and
installation of its vaults, including bedding and backfill, separately and in addition to any
survey costs and Trench costs discussed above. These additional costs shall be
preliminarily determined from the bid price accepted by the City. The cost to excavate
for and install PSE's vaults will be finalized after completion of construction to account
for actual construction costs.
4.7 Invoice. PSE shall pay the City within sixty (60) days of submittalby the
City of an itemized billing for PSE's proportionate share of all actual, identified expenses
incurred by the City or the Contractor in constructing the Trench as set forth in this
Section 4.
4.8 Defective or Unauthorized Work.
JOINT TRENCH AGREEMENT-Page 3 of l0
(between City of Kent and PSE Gas Re: S. 228th Street)
(January 26,2018)
(a) Per the terms of the agreement between the City and Contractor, PSE
reserves the right to withhold payment to the City for any defective or unauthorized work
performed by the Contractor. Defective or unauthorized work includes, without
limitation: work and materials that do not conform to the requirements of this Agreement,
and extra work and materials furnished without PSE's approval.
(b) Before withholding payment to the City, PSE shall provide written notice
to the City of any work it believes to be defective or unauthorized. Upon receipt of
written notice, the City shall be afforded (sixty) 60 days to correct any work it agrees is
defective or unauthorized. If the City does not agree that the work is defective or
unauthorized within (fifteen) l5 days of receipt of the written notice, PSE may correct or
complete the work at its sole cost.
4.9 Final Payment/Waiver of Claims. The making of final payment by the
parties shall constitute a waiver of claims by the Contractor, except those previously and
properly made and identified by the Contractor as unsettled at the time request for final
payment is made.
5. CHANGES.
PSE shall submit any changes requested to be performed by the Contractor to the
City. The City shall submit this to the Contractor; obtain a price from the Contractor to
perform the work, and notifu PSE of this price. PSE shall then have 24 hours from the
time it receives the price from the City, within which to respond. If PSE chooses not to
accept the Contractor's price then this work shall only be performed by PSE according to
a mutually agreed upon schedute with the Contractor so as not to cause delay to the
Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
6.1 Each party shall defend, indemnifu and hold the other party, their officers,
officials, employees and agents harmless from any and all claims, injuries, damages,
losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of the party's work required under this Agreement, except for
injuries and damages caused by the negligence or willful misconduct of the other party.
6.2 The indemnification from PSE to the City shall include all claims, injuries,
damages, losses or suits from third parties arising out of the fact that the specific portion
of the Trench at issue was being made available to PSE by the Contractor, except for
injuries and damages caused by the negligence or willful misconduct of the City.
JOINT TRENCH AGREEMENT-Page 4 of l0
(between City of Kent and PSE Gas Re: S. 228tt' Su'eet)
(January 26,2018)
6.3 Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the parties, their officials, employees and agents, a party's liability
hereunder shall be only to the extent of the party's negligence. The provisions of this
section shall survive the expiration or termination of this Agreement.
6.4 No party, directly or indirectly, shall create or impose any lien on the
property of another, or on the rights or title relating thereto, or any interest therein, or in
this Agreement. Each party shall promptly, at its own expense, take such action as may
be necessary to duly discharge any lien created by it on the property ofanother.
7. INSURANCE.
7.1 The Contractor shall maintain in full force and effect at its own cost
insurance of the types and in the amounts described below against claims for injuries to
persons or damage to property which may arise from or in connection with the
performance of the work by the Contractor, its agents, representative, employees, sub
consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five
million dollars ($5,000,000.00) per occuffence and five million dollars ($5,000,000.00)
general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 0l
1/96 or its equivalent and include severability of interests. Coverage shall include, but
not be limited to: blanket contractual, Products/Completed operations/broad form
property damage; explosion, collapse and underground (XCU); and employers liability.
Such insurance shall name the City, its officers, officials and employees as additional
insureds per ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and
rights of recovery against the City, its officers, officials and employees. Coverage shall
apply as to claims between insureds on the policy, if applicable. Coverage may take the
form of a primary layer and a secondary or umbrella layer, but the combination of layers
must equal $5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined
single limits of one million dollars ($1,000,000.00) each occurrence with respect to each
of Contractor's owned, hired and non-owned vehicles assigned to or used in the operation
of this contract in the Cify. The policy shall contain a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so ds to be out
of compliance with these requirements without thirty (30) days' written notice first
provided to the City, via certified mail, and ten (10) days' notice for nonpayment of
premium. If the insurance is canceled or materially altered so as to be out of compliance
with the requirements of this subsection within the term of this contract, Contractor shall
JOINT TRENCI-I AGREEMENT-Page 5 of l0
(between City of Kent and PSE Gas Re: S. 228th Street)
(January 26,2018)
provide a replacement policy. Contractor agrees to maintain continuous unintemupted
insurance coverage, in at least the amounts required, for the duration of this contract.
7.2 Deductibles / Certificate of Insurance. Any deductible of the policies
shall not in any way limit Contractor's liability to the City.
7.3 Endorsemenls. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and
agents are to be covered as, and have the rights of, additional insureds with respect to
liability arising out of activities performed by, or on behalf of, Contractor under this
contract;
(b) Contractor's insurance coverage shall be primary insurance with respect to
the City, its officers, officials, boards, commissions, employees and agents. Any
insurance or self-insurance maintained by the City, its officers, officials, boards,
commissions, employees and agents shall be in excess of the Contractor's insurance and
shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against whom
a claim is made or lawsuit is brought, except with respect to the limits of the insurer's
liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be
placed with insurers with a Best's rating of no less than "A VII."
7.5 Verification of Coverage. The Contractor shall furnish the City with
certificates of insurance and endorsements or a copy of the page of the policy reflecting
blanket additional insured status. The certificates and endorsements for each insurance
policy are to be signed by a Person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements for each insurance policy are to be on standard
forms or such forms as are consistent with standard industry practices.
8. FRANCHISE AGREEMENT.
The City and PSE agree that as to future projects, by entering into this Agreement
neither party has waived any rights it may have under the existing franchise agreement
between the City and PSE, and the City and PSE expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, PSE's participation in the
joint trench activity contemplated in this Agreement, and its very participation in this
Agreement, shall in no event be construed as acceptance, affirmation or ratification of the
City's construction of PSE's obligation to underground their facilities and enter into a
writing pursuant to the franchise agreement, and parties understand and agree that the
terms and conditions of this Agreement shall not control any future undergrounding
projects that may be required by the franchise.
JOINT TRENCH AGREEMENT-Page 6 of l0
(between City of Kent and PSE Gas Re: S. 228"' Street)
(January 26,2018)
9. MISCELLANEOUS.
9.1 Compliance with Laws. The parties shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
Agreement.
9.2 Nonwaiver of Breach. The failure of a party to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option
herein conferred in one or more instances, shall not be constructed to be a waiver or
relinquishment of those terms and rights and they shall remain in full force and effect
9.3 Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the
parties or between any party and the Contractor under any of the provisions of this
Agreement, resolution of that dispute shall be available only through the jurisdiction,
venue and rules ofthe King County Superior Court, King County, Washington.
9.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240,in
any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall be responsible for payment of its own legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing
in this subsection shall limit a party's right to indemnification under Section 8 of this
Agreement.
9.5 llritten Notice. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of this Agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any
event three (3) calendar days after the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated on this
Agreement.
9.6 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of each of the affected parties.
9.7 Severability. If any one or more sections, sub-sections, or sentences of
this Agreement are held to be unconstitutional or invalid, that decision shall not affect the
validity of the remaining portion of this Agreement and the remainder shall remain in full
force and effect.
9.8 Relationship. It is understood and agreed that no agency, employment,
joint venture, co-employer or partnership is created by this Agreement. No party hereto
shall (i) have the power or authority to act for another in any manner to create obligations
JOINT TRENCH AGREEMENT-Page 7 of l0
(between City of Kent and PSE Gas Re: S. 228th Stree)
(January 26,2018)
or debts which would be binding upon another, and; (ii) be responsible for any obligation
or expense whatsoever of another.
9.9 Force Majeure. Parties shall not be deemed to be in breach of this
Agreement if unable to perform their respective obligations hereunder as a result of the
occurrence of an event of "force majeure," which shall include, but not be limited to, acts
of God, acts of the government of the United States or of any state or political
subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions,
earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other
causes beyond the parties'reasonable control. The scope of events of force majeure shall
not extend to payment of money owed hereunder.
9.10 Entire Agreement. The written provisions and terms of this Agreement,
together with any attached Exhibits, supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this agreement. This Agreement and any attached Exhibits
contain the entire Agreement between the parties. Should any language in any Exhibit to
this Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shalI prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
PUGET SOUND ENERGY CITY OF KENT
Print Name
Title
DATE
NOTICES TO BE SENT TO:
PUGET SOT]ND ENERGY
690s s 228 st.
Kent. WA 98032
Attn: Leslie W
125i) 395-6809 k\
(206\ 793-4624 il)
Attn: Glenn Helton Kent Law Department
P:\Civil\Filc\Opcn Filesu238-228th Street UPRR Gradc SeparationUoinl Trench AgrementsuointTrenchAgeement-PsE GN West JUT DRAFT-FINAL.doC
Print Name:-
Title:
DATE:-
NOTICES TO BE SENT TO:
CITY OF KENT
Citv of Kent
220 Fourlh A Sorrfh
Kent. WA 98032
Attn: Tim LaPorte
(253) 8s6-ss00
(253) 856 -6500 (Fax)
APPROVED AS TO FORM:
With a copy to:
Puget Sound Energy
6905 s 22grHst.
Kent, WA 98032
JOINT TRENCH ACREEMENT-Page 8 of l0
(between City of Kent and PSE Gas lle: S. 228't' Street)
(January 26,2018)
Exhibit A
S.228th Street East Joint Trench Agreement
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JOINT TRENCH AGREEMENT- Exhibit A
(between City of Kent and PSE Gas Re: S. 228h Stteet)
(January 26,2018)
Exhibit B
S. 228th Street East Joint Trench Agreement
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JOINT TRENCH AGREEMENT- Exhibit B
(between City of Kent and PSE Gas Re: S. 228't' Street)
(January 26,2018)
JOINT TRENCH AGREEMENT
Between the City of Kent and.Zayo
fOT thc S.228th St. GRADE SEPARATION AT THE UNION PACIFIC RAILROAD_
(Union Pacific Railroad to 76th Ave S)
This Agreement is between the City of Kent, a Washington municipal corporation
("City"), and Zay o Group, LLC, a Delaware corporation (" Zay o").
RECITALS
A. The City is making righrof-way improvements to S. 228thSheet.
B. These right-of-way improvements require Zayo to relocate its authorized
underground facilities that are currently in conflict with this project, pursuant to RCW 35.99.060.
C. Relocation of these facilities requires trenching within the righrof-way and the
parties recognize the efficiencies of entering into an agreement to dig one trench in which all
parties will relocate their facilities.
AGREEMENT
To facilitate construction of a joint ffench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with a
Conffactor for the consffuction of a joint utility trench ("Trench") which may include Comcast,
Verizon, Zayo, PSE power and PSE gas facilities. This Trench will be located along the north
side of S. 228th Street, between the Union Pacific Railroad and 76u Ave S as referenced in the
plan sheet attached as Exhibit A and incorporated by this reference.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
"the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City, shall
excavate the trench and install Comcast, Zayo, Verizon, PSE power and PSE gas facilities,
accommodate and coordinate the installation of Zayo facilities, install the bedding material,
backfill and compact the trench, and perform any restoration required by the City, all to be
performed in a good and workmanlike manner consistent with industry standards. The City
represents that any such contract shall further require of contractor that the work be conducted in
conformity with (i) the applicable procedures and requirements of the parties as described herein;
(ii) all applicable laws, ordinances and regulations of any governmental authority, and; (iii) all
applicable terms and provisions of the National Electric Safety Code, as may be amended,
JOINTTRENCHAGREEMENT-Page I of l0
(between City of Kent and Zayo Re: S. 22th Street)
(January 25,2018)
supplemented or replaced from time to time, including but not limited to those pertaining to
protection and separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. Zayo shall provide engineering drawings, specifications, construction
standards, estimated material quantities, and cost estimates to the City for the underground
relocation of Zayo's facilities. The drawings shall show in detail the location and elevation of
the conduits, trench, and vaults.
3.2 Provision of Conduit and Vaults. Zayo shall provide conduit for installation by
the Contractor in the Trench and shall furnish and deliver all vaults to the site for installation by
the Contractor. Zayo shall schedule all deliveries in a timely manner as outlined in Section 3.4,
so as not to delay the Contractor.
3.3 Trffic Control. The Contractor shall perform all traffic control associated with
installation of facilities within the Trench. Zayo shall be responsible for providing traffic control
during installation of facilities not located within the Trench. Zayo shall submit a general traffic
control plan for these installations.
3.4 Zayo Coordination
(a) The Conhactor will install Zayo's conduit in the Trench and in the sheet
crossings. The Contractor will excavate for and place Zayo vaults in the Trench including
bedding and backfill. Zayo shall maintain continued coordination with the Contractor regarding
the installation of Zayo's facilities and shall coordinate closely with the Contractor to provide all
necessary materials on-site in a timely manner.
(b) For any work that Zayo performs independently from the Contractor's work in the
Trench, shall coordinate closely with the City and the Contractor to ensure this work will not
conflict with the Contractor's work in the Trench. Zayo shall pay any claims for additional
compensation made by the Contractor resulting from conflicts with Zayo's independent work in
accordance with Section 4.5 of this Agrecment.
3.5 Removal of Affected Facilities. Parties acknowledge and agree thatZayo shall in
no event be required to remove its respective, affected facilities, prior to completion of its
underground facilities, in accordance with this Agreement, as long as the installation is
completed in conformity with this Agreement.
3.6 Surveys. The City shall provide the survey for the location of the Trench and
vaults.
JOINT TRENCH AGREEMENT- Page 2 of l0
(between City of Kent and Zayo Re; 5. 22th Street)
(January 25,2018)
3.7 Title to Facilities. All rights, title and interest in the facilities and associated
equipment shall at all times remain withZayo.
4. COMPENSATION
4.1 Trench costs. Zayo shall pay the City a portion of the Trench costs,
commensurate with its proportionate share of Trench usage, including street crossings as shown
in Exhibit B attached hereto and incorporated by this reference. Preliminary costs will be agreed
upon prior to construction based on an estimate from the bid accepted by the City. Costs will be
finalized after completion of construction to account for actual construction costs.
4.2 Survey. Zayo shall pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate and
place Zayo facilities.
4.3 Traffic Control. Zayo shall pay a proportionate share of traffic control costs
related to the construction of the Trench where Zayo facilities are included. The proportionate
share will be based on trench usage as shown in Exhibit B. Zayo shall pay for all traffic control
during the installation of zayo facilities, not associated with the Trench.
4.4 Additional Expenses. Zayo agrees to pay the additional expenses incurred due to
all Zayo's approved change requests requiring additional trench depth or width and for
unforeseen conditions, including but not limited to dewatering for ground water. Zayo is not
obligated to pay for additional expenses incurred due solely to approved change requests from
other private utilities and/or the City.
4.5 Claims by Contractor. Zayo agrees to pay the entire cost of any claims made by
the contractor for damages that are proximately caused by Zayo. These claims may include
delays caused by the installation of Zayo facilities, delays caused by Zayo providing materials, or
any other conflicts between the Contractor and Zayo or any of its contractors.
4.6 Vaults. Zayo agrees to pay for the excavation, site preparation, and installation of
its vaults, including bedding and backfill, separately and in addition to any survey costs and
Trench costs discussed above. These additional costs shall be preliminarily determined from the
bid price accepted by the City. The cost to excavate for and install Zayo's vaults will be
finalized after completion of construction to account for actual construction costs.
4.7 Invoice. Zayo shall pay the City within sixty (60) days of submittal by the City of
an itemized billing for Zayo's proportionate share of all actual, identified expenses incurred by
the City or the Contractor in constructing the Trench as set forth in this Section 4.4.8 Defective or Unauthorized Work.
JOINT TRENCH AGREEMENT- Page 3 of l0
(between City of Kent and Zayo Re S. 228th Street)
(January 25,2018\
(a) Per the terms of the agreement between the City and Contractor, Zayo reserves
the right to withhold payment to the City for any defective or unauthorized work performed by
the Conhactor. Defective or unauthorized work includes, without limitation: work and materials
that do not conform to the requirements of this Agreement, and extra work and materials
furnished without Zayo's approval.
(b) Before withholding payment to the City, Zayo shall provide written notice to the
City of any work it believes to be defective or unauthorized. Upon receipt of written notice, the
City shall be afforded 60 days to correct any work it agrees is defective or unauthorized. If the
City does not agree that the work is defective or unauthorized within 15 days of receipt of the
written notice, Zayo may correct or complete the work at its sole cost.
4.9 Final Payment/I(aiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the Contractor, except those previously and properly made
and identified by the Contractor as unsettled at the time request for final payment is made.
5. CHANGES.
Zayo shall submit any changes requested to be performed by the Contractor to the City.
The City shall submit this to the Contractor; obtain a price from the Contractor to perform the
work, and notify Zayo of this price. Zayo shall then have 24 hours from the time it receives the
price from the City, within which to respond. lf Zayo chooses not to accept the Contractor's
price, then this work shall only be performed by Zayo according to a mutually agreed upon
schedule with the Contractor so as not to cause delay to the Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party's work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
The indemnification from Zayo to the City shall include all claims, injuries, damages,
losses or suits from third parties arising out of the fact that the specific portion of the trench at
issue was being made available to Zayo by the contractor, except for injuries and damages
caused by the negligence or willful misconduct of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
JOINT TRENCH AGREEMENT- Page 4 of l0
(between City of Kent and Zayo Re: S. 228th Street)
(January 25,2018)
party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
shall promptly, at its own expense, take such action as may be necessary to duly discharge any
lien created by it on the property of another.
7. INSURANCE.
7.l The Contractor shall maintain in full force and effect at its own cost insurance of
the types and in the amounts described below against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the work by the
contractor, its agents, representative, employees, sub consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five million
dollars ($5,000,000.00) per occurrence and five million dollars ($5,000,000.00) general
aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 0l l/96 or its
equivalent and include severability of interests. Coverage shall include, but not be limited to:
blanket contractual, Products/Completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employers liability. Such insurance shall name the City,
its officers, officials and employees as additional insureds per ISO CG 2026 or its equivalent.
There shall be a waiver of subrogation and rights of recovery against the City, its officers,
officials and employees. Coverage shall apply as to claims between insureds on the policy, if
applicable. Coverage may take the form of a primary layer and a secondary or umbrella layer,
but the combination of layers must equal $5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined single
limits of one million dollars ($1,000,000.00) each occurrence with respect to each of
Contractor's owned, hired and non-owned vehicles assigned to or used in the operation of this
contract in the City. The policy shall contain a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thirfy (30) days'written notice first provided to the
City, via certified mail, and ten (10) days' notice for nonpayment of premium. If the insurance is
canceled or materially altered so as to be out of compliance with the requirements of this
subsection within the term of this contract, Contractor shall provide a replacement policy.
Contractor agrees to maintain continuous unintemrpted insurance coverage, in at least the
amounts required, for the duration of this contract.
7.2 Deductibles / Certificate of Insurance. Any deductible of the policies shall not in
any way limit Contractor's liability to the City.
JOINT TRENCH AGREEMENT- Page 5 of l0
ftetuveen City of Kent and Zayo Re; 5. 228th Street)
(January 25,2018)
7.3 Endorsemenrs. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and agents are to
be covered as, and have the rights of, additional insureds with respect to liability arising out of
activities performed by, or on behalf of, Contractor under this contract;
O) Contractor's insurance coverage shall be primary insurance with respect to the
City, its officers, officials, boards, commissions, employees and agents. Any insurance or self-
insurance maintained by the City, its officers, officials, boards, commissions, employees and
agents shall be in excess of the Contractor's insurance and shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against whom a
claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be placed
with insurers with a Best's rating of no less than "A VlI."
7.5 Verification of Coverage. The Contractor shall furnish the City with certificates
of insurance and endorsements or a copy of the page of the policy reflecting blanket additional
insured status. The certificates and endorsements for each insurance policy are to be signed by a
Person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on standard forms or such forms as are
consistent with standard industry practices.
8. FRANCHISE AGREEMENT.
The City and Zayo agree that as to future projects, by entering into this Agreement
neither party has waived any rights it may have under the existing franchise agreement between
The City and Zayo, and expressly herein reserve such rights. Notwithstanding anything in this
Agreement to the contrary, Zayo's participation in the joint trench activity contemplated in this
Agreement, and its very participation in this Agreement, shall in no event be construed as
acceptance, affirmation or ratification of the City's construction of Zayo's obligation to
underground its facilities and enter into a writing pursuant to the franchise agreement, and parties
understand and agree that the terms and conditions of this Agreement shall not control any future
undergrounding projects that may be required by the franchise.
9. MISCELLAI{EOUS.
9.1 Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the perforrnance of this Agreement.
9.2 Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
JOINT TRENCH AGREEMENT- Page 6 of l0
(between City of Kent and Zayo Re; 5. 228th Street)
(January 25,2018)
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
9.3 Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the parties or between
any party and the contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
9.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right
to indemnification under Section 8 of this Agreement.
9.5 Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
9.6 Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
ofeach ofthe affected parties.
9.7 Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
9.8 Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party shall (i) have the
power or authority to act for another in any manner to create obligations or debts which would be
binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of
another.
9.9 Force Majeure. A party will not be in breach of this Agreement if unable to
perform its respective obligations as a result of the occurrence of an event of "force majeure,"
which shall include, but not be limited to, acts of God, acts of the government of the United
States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire,
floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes
or other causes beyond the parties' reasonable control. The scope of events of force majeure
shall not extend to payment of money owed hereunder.
JOINT TRENCH AGREEMENT- Page 7 of l0
ftetween City of Kent and Zayo Re; 5. 228'h Street)
(January 25,2018)
9.10 Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
ZAYO GROUP, LLC CITY OF KENT
Print Name:
Title:
DATE DATE
NOTICES TO BE SENT TO:NOTICES TO BE SENT TO:
ZAYO GROUP, LLC CITY OF KENT
Citv of Kent
220 Forrrth Avenrr South
Seattle WA 98101 Kent,WA 9803 2
Attn: Scott Morrison Attn: Chad Bieren
Q06\ 596:7988 (Desk)(253) 856-ss 34 )
(253\ 441-0653 (Cell)(2s3) 8s5-5s00 )
With a copy to:
Zayo Group,LLC
1326 sth Avenue, Suite 305
Seattle, WA 98101
Attention: Joseph Morton
APPROVED AS TO FORM:
Kent Law Department
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JOTNT TRENCH AGREEMENT- Pagc 8 of l0
(between City of Kent and Zayo Re: S. 228th Street)
(January 25,2018)
Exhibit A
S. 228th Street Joint Trench Agreement
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JOINT TRENCH AGREEMENT- Exhibit A
ftetween City of Kent and Zayo Re: S. 22th Street)
(January 25,2018)
Exhibit B
S. 228th Street Joint Trench Agreement
ZAYO mST FOR: (SHARING MAIN JOINT TRENCH COST, VAULTS, At{D MINORTRENCHES
FORVAULTS mNNECTIONS)
I I Joint Tr.rrh By Linca Foot EA $ 22,t09 j 22-5@
6038 7 Fornddion Material, Class I atd II TON $35 3 228
6100 630 Zaro - Ia*dlaitoa atrd Proofioc of il llch Diaoctr Coadtit LF $6 3 3.780
61 JJ J10 $\ri4g orExtra Ercavalioo Oass B SF 3 0.7J t 383
TOTAL SCEEDT'LE I $ 26-899
s 2.690
JOINT TRENCH AGREEMENT_ Exhibit B
(between City of Kent and Zayo Re: S. 228h Streer)
(January 25,2018)
Agenda Item: Consent Calendar – 8F_
TO: City Council
DATE: April 3, 2018
SUBJECT: South 228th Street Grade Separation Project Facility Relocation
Agreement with Puget Sound Energy – Authorize
SUMMARY: As part of the relocations required for construction of the South 228th
Street UPRR grade Separation Project, Puget Sound Energy (PSE) must relocate
existing power facilities both underground and overhead. This agreement is for the
underground relocation of overhead power distribution facilities that are located within
PSE’s property along the Interurban Trail. These lines must be removed to
accommodate construction of the new bridge. The remaining relocations are covered
under the franchise agreement and are PSE’s responsibility to pay for.
Last year the City paid for and PSE performed the work to raise three sets of existing
high voltage power lines along PSE property to make way for the new bridge. This
remaining work was not completed with the transmission line work last year because
underground relocations still needed to be completed to the east. PSE did participate
in the City’s joint utility trench to underground lines west of the UPRR tracks under a
Schedule 74 reimbursement agreement at that time.
EXHIBITS: Facility Relocation Agreement
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY:
BUDGET IMPACT: The cost of this project will be paid through State (Connect WA)
funds.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Authorize the Mayor to sign the Facility Relocation Agreement
with Puget Sound Energy in the amount of $713,867.11 for the South
228th Street UPRR Grade Separation Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
This page intentionally left blank.
-1-
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of ______________, 2018, is made and entered into by and
between Puget Sound Energy, Inc., a Washington corporation (“PSE”), and City of Kent,
(“Government Entity”). PSE and the Government Entity are sometimes referred to herein
individually as a "Party" and collectively as the “Parties.”
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and
convenient to the transmission and distribution of electricity ("Facilities") that are located on
or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and
Existing Operating Rights are more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
B. The Government Entity plans to construct improvements to the 228th Street
UPRR Rail Crossing (“Improvements”).
C. In connection with the Improvements, the Government Entity has requested
that PSE perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work"), all in accordance with
and subject to the terms and conditions of this Agreement, and any applicable tariff on file
with the Washington Utilities and Transportation Commission (the “WUTC”).
D. The Government Entity has provided to PSE a written plan for the
Improvements (the “Improvement Plan”) which includes, among other things, (a) plans and
specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and
perform the Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information
concerning possible conflicts between PSE's Facilities and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to
this Agreement.
1.2 Performance of Relocation Work. Subject to the terms and conditions of
this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable
efforts to perform the Relocation Work. PSE shall perform the Relocation Work in
accordance with the schedule provided in Exhibit B (the “Relocation Schedule”) with
-2-
reasonable diligence in the ordinary course of its business and in light of any operational
issues as to the remainder of its utility systems that may be influenced by the Relocation
Work. PSE shall have no liability to the Government Entity or any third party, nor shall the
Government Entity be relieved or released from its obligations hereunder, in the event of any
delay in the performance of the Relocation Work due to any (a) repair, maintenance,
improvement, renewal or replacement work on PSE's utility systems, which work is
necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE
which are necessary or consistent with prudent utility practices to protect the performance,
integrity, reliability or stability of PSE's utility systems or any systems to which such systems
are connected.
1.3 Adjustments to the Relocation Work. PSE shall notify the Government
Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including
the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE’s performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
1.4 Performance by Government Entity. In the event the Government Entity is
unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable
satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use
reasonable efforts to adjust the Relocation Schedule to allow additional time for the
Government Entity to perform such obligations; provided, that if the Parties cannot
reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate
this Agreement by giving written notice to the Government Entity, and the Government
Entity shall promptly pay PSE the amounts payable to PSE in connection with such
termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any
such condition under this Agreement shall not be deemed to be a determination of
satisfaction or waiver of any other condition arising under this Agreement.
1.5 Notice to Proceed with Construction Work. At least 30 days prior to the
date specified in the Relocation Schedule for commencement of construction for the
Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to
proceed with such construction work, or (b) terminate this Agreement by written notice to
PSE. In the event of such termination, the Government Entity shall promptly pay PSE the
amounts payable to PSE in connection with termination under Section 5.5.
-3-
Section 2. Operating Rights.
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely
responsible for the acquisition of, and any costs related to acquisition of any and all operating
rights for the Facilities that are necessary or appropriate, in addition to or as replacement for
the Existing Operating Rights, for completion of the Relocation Work ("New Operating
Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality
and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE,
all as determined by PSE in its sole discretion. The New Operating Rights shall be provided
with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain
clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to
commence the RelocationWork, or otherwise in any way change, limit, curtail, impair or
otherwise affect the normal and reliable operation of the Facilities as located upon or relative
to the Existing Operating Rights, unless and until PSE is in possession of the New Operating
Rights.
Section 3. Permits.
The Government Entity shall be solely responsible for the acquisition of, and any
costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews,
impact statements, determinations, authorizations, exemptions or any other form of review or
approval given, made, done, issued or provided by any one or more governmental authorities
with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits").
The Permits shall be on such terms and conditions as PSE shall, in its sole discretion,
determine to be appropriate to its needs. PSE shall not be obligated to commence
construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair
or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is
in possession of all Permits necessary for the Relocation Work and all rights of appeal with
respect to the Permits shall have been exhausted. The Government Entity shall be
responsible for performance of and any costs associated with any mitigation required by the
Permits.
Section 4. Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all
necessary materials, equipment and labor required to perform the Relocation Work. All
materials, information, property and other items provided for, used or incorporated into the
Relocation Work (including but not limited to the Facilities) shall be and remain the property of
PSE.
Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation
Work (the "Relocation Cost Estimate") is $713,867.11 and includes all direct and indirect
costs incurred by PSE in connection with the performance of the Relocation Work including,
-4-
but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes. However, it
does not include any provisions or adjustments for unforeseen site conditions.
5.2 Costs in Excess of Estimate. In the event PSE determines an unforeseeable
condition is likely to cause costs to exceed the Relocation Cost Estimate, PSE shall so notify
the Government Entity in writing within 48hrs and provide an estimate of additional costs
based on the information available at the time. In such event, PSE or the Government Entity
may, at its discretion, suspend performance of the Relocation Work and PSE shall not be
obligated to continue with performance of any Relocation Work unless and until PSE
receives the Government Entity’s written acceptance of PSE's associated Cost Estimate that
includes the additional costs and written notice to continue with the Relocation Work. In the
event PSE does not receive such acceptance and notice from the Government Entity within
ten (10) working days from the date of PSE's notice, then PSE may, at its discretion,
terminate this Agreement. In the event of such termination, the Government Entity shall
promptly pay PSE the amounts payable to PSE in connection with termination under Section
5.5.
5.3 Relocation Costs. The Government Entity shall be responsible for an amount
up to, but not exceeding, the Relocation Cost Estimate set forth in Section 5.1, in connection
with the performance of the Relocation Work. However, if unforeseen site conditions arise
that would result in additional costs, such as higher than expected ground water, the
Government Entity shall be responsible for those costs in excess of the Relocation Cost
Estimate pursuant to Section 5.2. The Government Entity shall also be responsible for costs
in excess of the Relocation Cost Estimate associated with changes or scope additions directed
or requested by the Government Entity.
5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
5.5 Costs Upon Termination of Agreement. In the event either Party terminates
this Agreement, the Government Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the
Relocation Work (including, without limitation, all Relocation Costs incurred through
the date of termination and such additional costs as PSE may incur in connection with
its suspension or curtailment of the Relocation Work and the orderly termination of
the Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
-5-
5.6 Payment. The Government Entity shall, within thirty (30) days after the
receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the
full amount of the invoice.
Section 6. Indemnification
6.1 Indemnification. The Government Entity releases and shall defend,
indemnify and hold harmless PSE 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. PSE releases and shall defend, indemnify and hold
harmless the Government Entity 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 PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each Party
shall at all times remain employees or contractors, respectively, that Party and shall not be, or
be construed to be, employees or contractors, respectively, of the other Party.
6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification
obligations of a Party under this Section 6, 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 6 extends to
any such claim brought against the indemnified Party by or on behalf of any employee of the
indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying
Party from raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
Section 7. Disclaimers and Limitation of Liability
7.1 Disclaimer. PSE makes no representations or warranties of any kind, express
or implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness
for a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract,
warranty, tort or otherwise, to any other party or to any other person for any indirect,
incidental, special or consequential damages arising out of the performance or
nonperformance of the Relocation Work or this Agreement.
Section 8. Miscellaneous
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable
tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any
-6-
conflict or inconsistency between any provision of this Agreement and any such tariff, the
terms of the tariff shall govern and control.
8.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this
Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and
following termination of this Agreement neither Party shall have any further obligations
arising under this Agreement and this Agreement shall be of no further force or effect.
8.3 Waiver. The failure of any Party to enforce or insist upon strict performance
of any provision of this Agreement shall not be construed to be a waiver or relinquishment of
any such provision or any other provision in that or any other instance; rather, the same shall
be and remain in full force and effect.
8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth
the complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
8.5 Force Majeure. 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; storm, 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 Relocation 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 obligation 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 cause by a Force Majeure Event.
8.6 Enforceability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or
other communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address and
to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
-7-
8.8 Governing Law. This Agreement shall be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Washington. This
Agreement shall be fully binding upon the Parties and their respective successors, assigns and
legal representatives.
In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE: Government Entity:
Puget Sound Energy, Inc.
By By
Its Its
Address: Address:
Attn: Attn:
-8-
EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
-9-
EXHIBIT B
RELOCATION WORK
(TO INCLUDE A DESCRIPTION OF THE WORK TO BE PERFORMED BY PSE
TOGETHER WITH A SCHEDULE FOR THE PERFORMANCE OF THE WORK
AND A DESCRIPTION OF ANY NEW OPERATING RIGHTS REQUIRED FOR
THE PERFORMANCE OF THE WORK)
This page intentionally left blank.
Agenda Item: Consent Calendar – 8G_
TO: City Council
DATE: April 3, 2018
SUBJECT: Consultant Services Agreement with Gray and Osborne for Construction
Engineering Services for the Cambridge Reservoir Recoating and Fall
Protection – Authorize
SUMMARY: Gray and Osborne will provide services to include oversight of reservoir
rehabilitation, welding inspection, material inspection and testing.
The largest components of the Cambridge Reservoir Recoating and Fall Protection
Project are the coating (specialized paint) inspection and welding inspection for fall
protection facilities. As the city does not make these improvements very often, we do
not have staff with the certifications necessary to inspect the work. Therefore, we
propose using a consultant to complete these inspections. The contract is roughly 10%
of the value of the contract, which is within the industry standard.
EXHIBITS: Consultant Services Agreement
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACT: Funds for this contract are accounted for in the project budget and
are within the water fund capital budget.
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
MOTION: Authorize the Mayor to sign a Consultant Services Agreement
with Gray and Osborne in an amount not to exceed $135,628.00 for
Engineering Services for the Cambridge Reservoir Recoating and Fall
Protection Project, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
This page intentionally left blank.
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Gray & Osborne, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Gray & Osborne, Inc. organized under the laws of the State of Washington,
located and doing business at 701 Dexter Ave N., Suite 200, Seattle, WA 98109, Phone: (206) 284-0860,
Contact: Russell Porter (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 construction management services for the Cambridge
Reservoir Recoating & Fall Protection 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 December 31, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Thirty-Five Thousand, Six Hundred and Twenty-Eight Dollars ($135,628.00),
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 authorizati on 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 execut ion of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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, dis criminate 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, i njuries, 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 Consult ant'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.
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 cour t 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 Cit y’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 cons trued 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
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 si gnature 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 ad dressee 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. A ll 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 th is 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.
/ /
/ /
/ /
/ /
/ /
/ /
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:
Russell Porter, P.E.
Gray & Osborne, Inc.
701 Dexter Ave N., Suite 200
Seattle, WA 98109
(206) 284-0860 (telephone)
(206) 283-3206 (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
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: _________________________________________
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.
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: _________________________________________
+>(IflÐtT+
SCOPE OF \ryORK
CITY OF KENT
CAMBRIDGE RE,SERVOIR RECOATING CONSTRUCTION SUPPORT
This proposal is an engineering services proposal for providing construction management
engineering services for the Cambridge Reservoir Recoating project.
The proposal assumes the following:
All coating inspection will be performed by a subconsulønt under
Gray & Osbome as part of this contract.
All welding inspection will be performed by a subconsultant under
Gray & Osborne as part of this contract.
Gray & Osborne will review all submittals for the project.
Gray & Osbome will prepare all monthly pay estimates and maintain
records.
The contract is 125 working days. For the purposes of this proposal, the
contractor is expected to be painting for 90 working days.
SCOPE OF WORK
Gray & Osborne will provide construction management engineering support to the City
including the following items:
Coordinate and attend the preconstruction conference.
Set up and maintain an online Construction Management System (CMS)
for use by City staff, the contractor, and Gray & Osborne for project
documentation and communication.
Review submittals and shop drawings. These include, but a¡e not limited
to, coatings, welding shop drawings, containment plan, blast disposal plan,
environmental contol plar¡ and other submittals as required by the
specifications.
Provide appropriate levels of on-site inspection depending upon work
activities. For the pu{poses of this scope of work, it is assumed that a
1
2
3
4
5.
t
o
a
o
(March l, 2018)Page I of2
EXHIBIT A
Gray & osborne project inspector witl be on site approximately r0 hours
per week on average throughout the project.
Provide in-offrce support including answering contractor RFI questions,
reviewing coating inspection rqtorts, and other support activities.
coordinate and attend construction meetings every 2 weeks for a total of
12 meetings.
Provide full-time coating inspection when coating activities are happening
on site, as well as shop coating spot inspection.
Provide welding special inspection.
Provide communication and project documentation through the
Gray & Osbome CMS sofrware.
Provide contract closeout documentation.
Provide record drawings upon project completion.
The not-to-exceed cost for this proposal is $135,628. Adetailed list of tasks and hours is
attached.
a
a
a
o
o
a
a
(February 28,2018)Page 2 af2
DXHIBIT€
ENGINßERING SERYTCES
SCOPE A¡fD ESTIMATED COST
Cilyt of Kent - Cambridge Resemoir Reeoatìng Constuction Suppofl
Total Fully Burdened Labor Cost:
Direct Non-Salary Cost:
Mileage & Expenses (mileage @ current IRS rate)
Subconsultants:
Coating
Welding
Subconsult¿nt Overhead ( I 0old
TOTAL ESTIMATED COST:
$
s
$
$
$
$
52,725
150
70,000
5,230
7,523
135,628
' Actual labor cost will be based on eåch enployæ's achral rate. Estimated rates âre for dettrmining total estimated cost only" Ful¡y burdened billing
rates include diræt salary cost, overhca4 md profit.
(February?8,2018) Page I ofl
Fully Burdened Labor Cost:
Estimated Fully Burdened Billine Rate:*
Fully Burdened Billíns R^ate Range:*
Hour Estimate:
Record Drawings
Construction Documentation
Construction Meetings
In-Office Assistance
On-Site Inspection
Submittal Review
heconstruction Conference
Project Management
T¡sl¡s
$ll.3l5
sr55
$106 to $184
73
i
4
24
4
4
4
32
Project
Manager
Hours
$ 10,920
$105
$96 to $12ó
104
4
40
24
I
24
4
Civil
Engineer
Hours
$5.220
$145
5100 to $168
36
4
I
4
i6
4
Structural
Engineer
Hours
$23,750
$9s
577 fa $142
25A
2s0
Field
lnspector
Ilours
$ 1.520
$95
$42 to $120
t6
16
AutoCAD/GIS
TechJEng.
Irtern
Eours
EXHIBIT B
EXTIIÐI+5fry2
GRAY & OSBORNE. TNC.
PROFESSIONAL ENGINEERING SERVICES CONTRACT
FULLY BTIRI}ENED BILLING RATES*
THROUGH JUNE 15,2018**
Emplovee Classification Fullv Burdened Billing Rates
AutoCAD/GIS Technician/Engineering lntem
Electrical Engineer
Structural Engineer
Environmental TechnicianlSpecialist
Engineer-In-Training
Civil Engineer
Project Engineer
Project Manager
Principal-in-Charge
Resident Engineer
Field Inspector
Field Survey (2 Person)***
Field Survey (3 Person)***
Professional Land Surveyor
Secretary/ìVord Processor* * *
$ 42.00
$103.00
$100.00
$ 80.00
$ 80.00
$ 96.00
$106.00
$r06.00
$112.00
gt22.Ot
$ 77.00
$r61.00
$238.00
$t 12.00
N/A
$120.00
$184.00
$168.00
$11s.00
$123.00
$r26.00
$145.00
$r84.00
$184.00
$168.00
$142.00
$213.00
$290.00
s136.00
to
to
to
to
to
to
to
to
to
to
to
to
to
to
* Fully Burdened Billing Rates include overhead and profit.
** Updated annually, together with the overhead.
All actual out-of-pocket expenses incuned directly on the project are added to the billing. The billing is
based on direct out-of-pocket expenses; meals, lodging, laboratory testing and transportation. The
transportation rate is $0.54 per mile or the current maximum IRS rate without receipt IRS Section 162(a),
*** Administration expenses include secret¿rial and clerical work; GIS, CADD, and computer equipment;
owned survey equipment and tools (stakes, hubs, lath, etc. - Note: mileage billed separatelyãt rate
noted); miscellançous administration tasks; facsimiles; telephone; postage; and printing costs, which are
less than $150.
Page 1 ofl
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 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.
EXHIBIT C (Continued)
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 and a $1,000,000 products-completed operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than $2,000,000 per claim and $2,000,000 policy
aggregate limit. 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.
EXHIBIT C (Continued)
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 Contractor 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.
This page intentionally left blank.
Agenda Item: Consent Calendar – 8H_
TO: City Council
DATE: April 3, 2018
SUBJECT: South 208th Street Road Repair and Guardrail Installation – Accept as
Complete
SUMMARY: This project consisted of improvements to the South 208th Street roadway
near 92nd Avenue South. Portions of the roadway had experienced deterioration, likely
due to subsurface drainage and stormwater runoff.
This project also included installation of guardrails at key locations.
The final contract amount came in at $382,071.26 which was $11,899.10 under
budget. The original contract amount was $393,970.36.
EXHIBITS: None
RECOMMENDED BY: Public Works Director
YEA: N/A NAY: N/A
BUDGET IMPACTS: This project was paid out of B & O and drainage funds.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
MOTION: Authorize the Mayor to accept the South 208th Street Road Repair
and Guardrail Installation Project as complete and release retainage to NPM
Construction Co., upon receipt of standard releases from the state and the
release of any liens.
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OTHER BUSINESS
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BIDS
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EXECUTIVE SESSION
A. Potential Litigation, as per RCW 42.30.110(1)(i)
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT