HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 4/17/2018adccW18328
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 17, 2018
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KENT CITY COUNCIL AGENDAS
April 17, 2018
Council Chambers
Mayor Dana Ralph
Council President Bill Boyce
Vacant Council Position No. 1 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
YMCA Update Julie Parascondola 60 min
Reception for Councilmember Budell (6-7 p.m.) 60 min
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. Recognition of State Legislators
ii. Recognition of Doug Levy
iii. Fern Crest Neighborhood Council
iv. Appointment to the Parks and Recreation Commission
B. Community Events
C. Public Safety 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 April 2, 2018 Workshop and Council Meeting – Approve
B. Payment of Bills – Approve
C. Resolution Recognizing the Fern Crest Neighborhood Council – Adopt
D. South 218th Street Schedule 74 Undergrounding and Joint Trench
Agreements – Authorize
E. Contract Amendment with AECOM for Upper Mill Creek Dam – Authorize
F. Document Routing System – Information Technology Consultant
Services, Robert Half International – Authorize
G. Document Routing System – Information Technology Consultant
Services, Prime Team Partners – Authorize
H. Park Place Bill of Sale – Accept
I. Appointment to Parks and Recreation Commission - Confirm
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
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) YMCA Update - Julie Parascondola
B) Reception for Councilmember Budell
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AGENDA APPROVAL
Changes from Council, Administration, or Staff
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PUBLIC COMMUNICATIONS
A) Public Recognition
i. Recognition of State Legislators
____________________________________________________________
_____________________________________________________________
ii. Recognition of Doug Levy
_____________________________________________________________
_____________________________________________________________
iii. Fern Crest Neighborhood Council
_____________________________________________________________
_____________________________________________________________
iv. Appointment to the Parks and Recreation Commission
_____________________________________________________________
_____________________________________________________________
B) Community Events
C) Public Safety Report
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REPORTS FROM COUNCIL AND STAFF
Mayor Ralph:
Derek Matheson/Administration:
Council President Boyce:
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: 04/17/18
TO: Mayor Ralph
Councilmembers
FROM: Derek Matheson, Chief Administrative Officer
SUBJECT: CAO Report for Tuesday, April 17, 2018
The Chief Administrative Officer’s report is intended to provide Council, staff and the
community an update on the activities of the City of Kent.
ADMINISTRATION
• We are in early discussions with Briahna Murray of the Tacoma firm Gordon Thomas
Honeywell Government Affairs to become the city’s next contract lobbyist. Briahna
represents Tacoma and Bellevue and a number of smaller cities. I worked with her in
Covington and believe she would be an awesome addition to the Kent team. Any
contract would need to go through the Operations Committee and City Council.
• We will advertise the council administrative assistant position internally the week of
April 16. We are grateful to have Bonnie Peterson from the Public Works Department
filling in for us through a “job rotation.” During her time with us she will be working
directly with our elected city officials and supporting the Mayor’s office. The job rotation
is a great way to learn about our different departments.
• Our department is working with Information Technology to create a template for the
CAO report. A Project Profile has been submitted to the PMO for next steps.
Neighborhood Program
• On April 5, the Neighborhood Program Coordinator met with a grassroots group in the
East Hill Meridian area of Kent to discuss forming a neighborhood council.
Approximately 20 people were in attendance learning about the Neighborhood Program.
Those in attendance decided to move forward and reach out to more neighbors in their
neighborhood. The next steps will be to form a steering committee. The steering
committee will work on developing a neighborhood name, select boundaries, draft
bylaws and establish subcommittees to work on outreach, communication, potential
projects and the Neighborhood Program registration paperwork.
• The City of Kent Landmarks Commissioner Nancy Simpson and our Neighborhood
Program Coordinator Toni Azzola attended the King County Regional Preservation
Workshop last week. Topics covered: an overview of the Secretary of the Interiors
Standards for Rehabilitation, Evaluating the Integrity of a Historic Property,
Demystifying Landmark Designation and upcoming grant opportunities. Nancy is
working hard on educating the community about historic preservation and the benefits
property owners can receive.
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ECONOMIC AND COMMUNITY DEVELOPMENT – No report
EMERGENCY MANAGEMENT – No report
FINANCE – No report
HUMAN RESOURCES
Administration
• Upcoming Lean Process Improvement projects include Public Works Fleet procurement
process, the PCR process, and the employee photo and badging process.
• We are in the early stages of meeting with a highly regarded consultant team to
determine an approach to develop performance measures for a strategy deployment
model and a dashboard to track the results.
• A task force is beginning work to document the steps required for the most common
PCR transactions requested by the Police Department.
Benefits
• We are beginning the Request for Proposal (RFP) process for Benefits Broker consulting
services. The process is expected to be completed by the end of June.
Community Outreach
• The April Cultural Community Conversation was held on Wednesday, April 11, from 9-10
a.m. in Council Chambers. The speaker was Oleg Pynda, Director of the Ukrainian
Community Center in Kent.
Labor, Class & Compensation
• Brent Ashbaugh has been named the City’s new Labor, Compensation, and Classification
Manager, effective April 16.
• The April AFSCME Labor-Management meeting was held on April 10.
• We are continuing to update City policies for 2018.
• We are continuing to complete reclassifications requested from various departments.
Recruitment
• An offer was made and accepted for the Environmental Specialist (TLT) position.
• Interviews for Combination Building Inspector were held on April 5.
• Interviews for Planner were conducted on April 6.
• Accounting Services Assistant is opening externally on April 9.
• Engineer III-Pavement Management interviews are being conducted on April 9.
• Interviews for HVAC/R Technician will be conducted on April 11.
• Entry Level Police Officer and Entry Level Corrections Officer testing will take place on
April 19.
Risk Management
• Discussions with YMCA Risk Management staff are being held to develop insurance
requirements for the four (4) separate agreements with the YMCA. We expect to
complete insurance exhibits to the Agreements within the next week.
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INFORMATION TECHNOLOGY
• City Collaboration Documentation Tool - To implement a "Collaboration Tool" used to
house and access all conversations, emails, and history for a project or document.
o Ability to archive the project or document in its entirety
o Allow for user friendly PRR accessibility
o Have project repository that is interactive
o Include conversation controls
o Ability to interface with multiple systems and software within the CoK I.E. JDE,
Innotas, SharePoint, Laserfiche, Multimedia, Microsoft 365, Adobe Suite, Print Grove,
Print Queue, New Asset Management system, etc.
• Duplicate Department of License (DOL) Photo Returns in CAD - Return DOL photos in
MComm ACCESS lookup screen along with demographic information. This validates the
individuals’ identity to determine if they could be a threat to the officer and/or
community.
• eAlert Functionality
o Increased digital engagement, building communities around data.
o Promote usage of services, enhance public awareness & increase the contributions
and involvement of our citizens.
o Ability for interactive text messaging creating a sustained engagement with our
citizens. Traditional communication tactics are changing with the times. 90% of
Americans have a mobile device (58% smartphones). We want a tool that utilizes
text messaging to fill in the gaps where ad campaigns, websites and social media
falls short. 95% read rate within 15 minutes of sending text messages.
o Drive more traffic to the City of Kent resources and programs.
o Allows the city to better connect with hard to reach audiences.
o Ability to review metrics in an online dashboard to assist with making the right
decisions on how best to reach our community.
• SCADA Security Review - Get an assessment of the City of Kent's current security
practices involving Supervisory Control and Data Acquisition (SCADA) system and obtain
recommendations for improving security practices to be in line with federal SCADA
security standards.
• Information Technology operational support for March 27 to April 10, 2018:
o Number of tickets opened – 323; number of tickets closed - 406
LAW
• Prosecution staff had 191 criminal trials set for the April Jury Term, which began on
Friday, April 6. There are 211 total hearings set for the April term, including new
arraignments and tracking review hearings for people set for trial. Over 250 civilian
witnesses, and more than 67 police officers were subpoenaed for trial.
• In the two weeks since the last CAO report, prosecution has received 234 criminal case
referrals, handled nine motions and one RALJ brief, and responded to 32 requests to
review cases from police officers.
• City Attorney staff handled the legal review of 34 correction notices, two voluntary
correction agreements, and 15 notices of violation for code enforcement violations.
• Civil attorneys continue to negotiate agreements for the deployment of
telecommunication facilities throughout the City including lease agreements, licenses
and franchises.
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• Staff successfully negotiated with a mortgage company and an heir to a deceased
homeowner to obtain access for ECD staff and their contractors to enter the property
and abate an ongoing and long-standing public nuisance.
• Civil attorneys continued negotiations with Comcast on a new cable franchise agreement
despite Comcast’s refusal to negotiate key franchise provisions until after the April 24th
special election, including public, education, and government access channels and fees
and maintenance of the City’s institutional network (I-NET). Comcast opposes
Proposition A and wants the City to agree in a franchise agreement to offset against
franchise fees any increase voters may approve to the utility tax rate.
• Civil attorneys continue using and evaluating the success of a foreclosure alternative by
reaching out to mortgage companies for some properties that have significantly
delinquent storm utility accounts, which is historically the most difficult utility to collect
when the City does not also provide water service to the property, in an effort to secure
payment from the mortgage companies who can then seek collection from the
homeowners through the terms of their mortgages.
• City Attorney staff have been partnering with IT on a number of RFPs and negotiating
contract terms for the deployment of new technological solutions within the Parks
Department, the Public Works Department, and the IT Department.
• Working with HR on a number of complicated and sensitive employment issues involving
overlapping state and federal laws.
• Attorneys worked with staff to close on the sale of Phase 1 of the Par 3 golf course
transaction for development of the Marquee on Meeker.
• Attorneys continue their review of the Sound Transit Federal Way Light Link project
agreements.
• Staff provided documentation to outside counsel that will form the basis for the filing of
the complaint in court against opioid manufacturers and distributors.
MUNICIPAL COURT – No report
PARKS, RECREATION, AND COMMUNITY SERVICES
Cultural Programs
• The April-May Centennial Gallery exhibit features the City’s entire collection of work by
beloved and acclaimed local artist Danny Pierce. The show, which is on display through
May 18, features ten artworks donated to the city’s collection by Danny and Julia
Pierce’s children from the Pierce estate, as well as pieces from the existing collection.
Human Services
• Human Services staff was selected to participate in the Forum for Youth Investment
Reconnecting Youth Campaign Advocacy Academy. The yearlong web based training will
strengthen staff skills in order to activate, mobilize, and organize around the issues that
are impacting our community related to youth ages 16 - 24.
• Staff attended the One Table public meeting on April 4. Lead staff for each of the
Community Action Workgroups presented a set of six actions which are being proposed:
1. Provide affordable homes for 5,000 households over 3 years through a mix of
affordable housing approaches, maximizing use of public land, and increasing
access to existing housing choices.
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2. Create a housing stabilization fund to achieve 0 exits into homelessness
(including 0 inappropriate evictions), with a focus on those with the most acute
need.
3. Provide on-demand behavioral health treatment that is racially, ethnically and
culturally appropriate, flexible, person-centered, mobile, peer-focused, and
trauma-Informed.
4. Offer a comprehensive service package for all foster youth aging out of care to
increase stability throughout their transition.
5. Strive to achieve 0 bookings for charges that are a direct result of homelessness
and behavioral health crises, through diversion and compliance requirement
reform done through a racial justice lens. Study cost offsets from reduced jail use
and redistribute savings to fund diversion programs.
6. Double King County employment programs to train and employ 1300 individuals
over 2 years who are disproportionately at-risk of homelessness, and secure
private and public-sector commitments to hire program graduates.
Following the presentation of the six recommended actions and the data, there was an
opportunity for meeting participants to provide input in small groups and through flip
charts focused on how to maximize the impact of the recommended actions and
ensuring the recommended actions are actionable.
• Staff has been meeting with various community members and organizations to continue
strategy development of the Youth Initiative and a deeper focus on gang violence
prevention and youth employment. Several meetings are coming up in April, including
the internal workgroup with Police, Recreation, Mayor’s office, Human Resources and
Human Services, as well as the Youth initiative Collaborative and a youth provider
meeting.
• Kent Police SOU, Human Services staff, and outreach workers from Sound Health and
Catholic Community Services visited a known homeless camp off of Pacific Highway and
268th street on April 4. The area is private property, densely wooded and not visible
from the street. Two single male campers were encountered at the location. One was
taken into custody on outstanding federal warrants. The other gentleman turned out to
be a vulnerable 63-year-old missing person from Federal Way. In October of 2017, he
handed his last rent check and a letter detailing his last wishes to a close friend and
walked away. The missing person’s report noted that the man was battling depression.
Commander Scholl contacted the Federal Way PD to let the man’s family know that he
was alive and well. He agreed to meet further with service providers and left with
Catholic Community Services staff that placed him in a shelter and will work to reunite
him with family. King 5 ran a story on the posting.
Recreation
• Spring sports, including elementary track, t-ball/tossball, baseball, fastpitch, and
volleyball, are underway or in the preparation phase. One of the greatest programming
challenges is recruiting, training, assigning and supporting several hundred volunteer
coaches/mentors who represent a cross section of neighborhoods, ethnic groups, social
or economic classes and reflect the diversity of our participants. Staff held seven
separate volunteer coach/mentor meetings over the past several weeks in preparation
of the start of each youth sport. Over the next ten weeks, these invaluable volunteers
will spend 3-5 hours a week encouraging, coaching, influencing, and inspiring our youth.
Senior Activity Center
• The Senior Activity Center held its 9th Annual Kent Place event – Magic at the Place,
with 105 seniors in attendance. The event was co-sponsored by area businesses that
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featured workshops and information booths regarding Social Security and Medicare
services. Panera Bread provided boxed dinners and the evening concluded with a great
magic show featuring Brian Ledbetter. The magician wowed the crowd by splitting his
assistant in half as well as doing some amazing card and ring tricks. Lots of oohs and
aahs and “how did he do that”? This event is an informational night for many seniors
while it also serves as a great marketing event for the facility.
• Activity isn’t just a word in the Senior Center’s name! Several hundred seniors enjoy
“active” trips and outings each month that they wouldn’t be able to do on their own.
Sold out trips this month included Wings over Washington “flying theater” and lunch at
the Edgewater; a visit to the Seattle Starbucks Reserve Roastery and Tasting Room;
and Pike Place Market for lunch and shopping.
Youth-Teen-Adaptive
• The Teen Center staff work on a daily basis to honor and carryout the famous words of
Martin Luther King Jr., “Darkness cannot drive out darkness: only light can do that. Hate
cannot drive out hate: only love can do that”. These words were put into practice last
Tuesday when staff became aware of something teens were calling “Punish a Muslim
day”. Muslim teens expressed to staff a fear and uneasiness about what Tuesday would
bring. Staff along with over 70 teens decided that they would counter these ugly words
and hatred and instead celebrate the group’s diversity. In the safe and supportive
environment of the Teen Center, teens participated in discussions around inclusiveness,
diversity and acceptance. The celebration continued with pizza, pop and snacks. Using
the Buy Nothing app, the community was invited to participate in this impromptu “stand
against hate” event. Staff and teens were delighted when two different people
responded to the invitation by donating 5 pizzas to the evening!
• 120 elementary school kids participate each day in a free after-school program called
After School Energy. The program uses STEM activities to focus on fitness, health,
nutrition, and safety. Recent emphasis has been on healthy living with students
participating in discussions around the value and importance of “core body strength”.
They put this into practice by adding a variety of fun exercises such as, bridging,
planking, superman(ing), crab walking and wheel barrowing into their normal workout
routines. Kids are learning that health and fitness can be fun and they are encouraged
to engage their families in these activities away from the program.
• Adaptive Recreation staff work hard to meet the needs and interests of persons with
developmental and physical disabilities. Just underway is the Track and Field Program
with a maximum of 22 athletes participating. Over the next ten weeks, coaches and
volunteers will teach, train and mentor these athletes every Wednesday evening. The
goal, for some of the athletes, is qualifying for the Special Olympic Summer Games in
June, while for others, it’s simply fun and fitness. Staff’s goal is to help people with
special needs in the area of movement, health, self-esteem, competition and
camaraderie.
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POLICE
Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions
• Records Specialist Margaret Penman started April 2.
• Officer Travis Eaton resigned to move back to Ohio for family reasons.
• Officer Matt Mullennix resigned effective April 20.
Significant crime activities/arrests/investigations
• On March 22, officers responded to a fatal collision on W Meeker St and Washington Ave.
The causing vehicle (Dodge Durango) ran the red light Eastbound on Meeker as the victim
vehicle (Honda Accord) made a left hand turn in front of the vehicle. Witnesses stated the
Durango was speeding and never stopped for the light. Due to the crush from the impact
we concur speed was a factor in the collision. An inspection was performed on the Durango
this week and nothing mechanically wrong was found with it that would have caused this.
• On April 5, KPD handled an extortion scam case where the victim had received a call from a
suspect telling her that he was holding her daughter hostage. The suspect threatened to kill
the hostage unless he received $10,000. The victim heard a female screaming in the
background of the call and yelling for her mom to help her. The victim believed it was her
daughter. The call came from a blocked number. Two suspects spoke on the phone,
speaking both English and Spanish. They claimed to be part of the Mexican Mafia. The victim
was directed to go to the bank, withdraw the money, get into a cab that the suspect would
direct to the bank, and go wire the money. Before the victim could withdraw the cash, we
contacted the daughter via phone and confirmed that she was safe and at work. KCSO had a
nearly identical case last month where the suspect used some of the same phrases and also
sounded Hispanic. News article linked below.
https://www.king5.com/article/news/crime/caller-claims-to-kidnap-your-child-in-new-
scam/281-528277026
• On April 7, Kent Patrol responded to the 23600 block of Pacific Highway for the report of an
unconscious female lying in the northbound lanes of traffic in the middle of the road. The
51-year-old victim was transported to Harborview where it was determined that she had
significant internal injuries. Traffic investigators researched pieces of vehicle parts from a
possible suspect vehicle that were located at the scene. It was determined that the vehicle
parts are for a front grill assembly of a 2008-2014 Mercedes-Benz C-Class sedan. The part
itself appeared to have factory silver paint with chrome accents, indicating that the vehicle is
silver in color. Traffic investigators are actively looking for additional witnesses and
searching the area for surveillance video. Kent Police are asking anyone with information to
call Crime Stoppers at 1-800-222-TIPS (8477) or the Kent Police tip line 253-856-5808
• On April 8, Officers responded to a CPR/Drowning assist to Fire at Waterford Apartments
involving a 2-year-old female. The family was celebrating the 2-year-old’s birthday at the
rec center with a large amount of family members and kids present. Family noticed the
victim was no longer in the rec center and when they searched the immediate area they
discovered her face down in the large pond behind the rec center area. Officers started CPR
then turned over to Medic One and Fire. Fire continued CPR and after about 45 minutes they
believe they may have gotten a very faint pulse and transported victim to Harbor View. It is
unknown how long she may have been under water.
Major emphasis patrol
• Hot Spot Emphasis on Friday and Saturday evenings to reduce Gun Violence starting this
week.
Events and awards
• Officer Strong participated in a career day at Millennium Elementary School for the entire 6
grade class. He gave 3 presentations to 3 different 6th grade classes. Officer Strong talked
about educational requirements to become a police officer (related it to school subjects).
• Letters of Commendation
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o On February 4, Officers Wheeler, Workman, and Burns stopped to help out a female
who appeared to be lost, confused, and walking in traffic in the area of 248th and
116th Ave SE. The officers were able to walk the female over to the fire station so that
she could get medical help and remained onscene to ensure her safety until the
female was safely transported to the hospital by ambulance.
o On February 10, officers were dispatched to a possible mental subject involved in a
domestic disturbance with family members. Officer Stewart and Sergeant Koehler
immediately recognized this subject as being involved in recent disturbances in which
he had presented realistic looking toy firearms, perhaps in a suicide by cop
scenario. When the officers entered the house to arrest the subject, they
encountered him in the front room, holding a machete in one hand and what
appeared to be a firearm in the other. When the subject failed to comply with verbal
directions, Stewart utilized the 40 mm less lethal launcher and fired three rounds but
those rounds did not disable the subject. At that point, Koehler utilized the Taser and
this disabled the subject so that he could safely be taken into custody without further
incident or injury. The tactics and leadership displayed by both Stewart and Koehler
were a key component in the safe resolution of this incident which could have easily
ended up in a justified officer-involved shooting. Their awareness of the subjects’
history and taking steps to ensure the necessary tools were on scene to deal with the
situation is a testament to their tactical proficiency, professionalism and courage.
o On March 26, Sergeant Mills received a follow up request from the victim, regarding a
theft investigation conducted by Officer Wolcott at the Kent Library. He explained that
he is a Mental Health Professional who was recently victimized. He went on to
describe his contact with Officer Wolcott with a tremendous amount of praise. He was
thoroughly impressed with the level of “compassion and professionalism” exhibited by
Officer Wolcott. He was happy to see how great the Kent Police Department was
through his interaction with one of our officers. While this is one short contact with a
victim, Officer Wolcott is a consistent example of a phenomenal Officer. Officer
Wolcott is being commended for being always positive, professional, and
compassionate. He is diligent in all his investigations. He is the ideal representation of
what the Kent Police Department expects of its officers.
Other
• On March 30 there was a Protest scheduled at Planned Parenthood on East Hill
(https://ststephenslife.com/events/way-of-the-cross-for-victims-of-abortion) which is
sponsored by St. Stephen the Martyr Catholic Church. There were no counter protests.
o We are preparing for a second protest that is scheduled for Saturday April 28, 2018
(https://ststephenslife.com/events/defund-planned-parenthood-day-2018).This may
attract a lot more attention.
PUBLIC WORKS
Design
• East Valley Overlay – Right-of-Way certification packet submitted for WSDOT review.
Advertisement anticipated April 17th.
• 132nd Ave SE (SE 240th to SE 248th) – 90% review scheduled this week. Temporary
construction easements have been identified and will be pursued. Advertisement
anticipated for April 24.
• 212th Street Green River Bridge Overlay – Consultant selected. Preparing for project
kickoff meeting.
• James Street Overlay, Central to Clark – Consultant working on traffic control plans.
Refined construction options to two alternatives and accelerating design efforts to have
project construction activities ‘open to traffic’ before the school year starts.
Advertisement anticipated mid/late April.
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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 –Trucking and placement of fill material for Structural Earth Wall
construction is ongoing and will be complete by Friday, April 20.
o SR 167 Median – No current activity at this time
o SR 167 to 88th – Pier 4 footing rebar is being placed and the concrete is scheduled
to pour on Wednesday, April 19. Trucking and placement of fill material for
Structural Earth Wall construction is ongoing and will be complete by Friday, April
20.
• 640 Pressure Zone PRV North: Contract work in the Eastridge neighborhood is expected
to continue for at least 1 more week then crews will move to the Middle zone in the
vicinity of SE 240th St between 108th Ave SE and 116th Ave SE.
• Development/Utility Projects
o SE 223rd Drive Ave Natural Gas Main Replacement – PSE has completed their
replacement of the existing underground natural gas main on 223rd Drive between
111th Ave SE and 123rd Pl SE. Concrete repairs and asphalt patching is ongoing.
o SE 222nd St Natural Gas Main Replacement – PSE has completed their replacement of
the existing underground natural gas main on 222nd St between 108th Ave SE and
116th Ave SE. Concrete repairs and asphalt patching is ongoing.
o Military Road – Level 3 Communications is installing new fiber-optic lines from SE
272nd to Veteran’s Drive.
o The Ridge Townhomes – The contractor is installing sewer main on 88th Ave North of
the jobsite. Earthwork and grading on site in anticipation of heavy trucking for soil
export that is expected to begin in the following 2 weeks is ongoing.
o Madison Plaza – The contractor is on site and nearly complete with demo work. New
construction will proceed upon release of the Civil plans.
Land Survey and GIS
• Staff have been design mapping for the 2018 Water Utility Improvement sites and City
Control Monument Inventories, construction staking for the 224th Phase 1 and for the
Phase II PRV vault location, 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 continue working with IT on the outward facing GIS Server. GIS staff is
working on Storm Ditch inventory asset mapping, Census report data preparation and
inputting utility as-builds into GIS. The GIS Supervisor has been meeting with ECD and
Law on separate projects, as well as attending regularly scheduled Sound to Summit
Regional GIS Steering Committee.
Environmental
• Milwaukee II Levee –The project team is finalizing the Final Draft of the Levee
Alternative Analysis for presentation to the Flood Control District.
• Lower Russell Levee – Draft 90% plans have been issued by King County for review.
Comments are due to Toby Hallock by April 13, who will consolidate them and send
them to the county.
• Landsburg Mine – Mayor Ralph sent a letter to the Department of Ecology objecting to
the Cleanup Action Plan recently issued and how it is inadequate to protect the
downstream watershed in the long term.
• FEMA – Staff is coordinating whether the city should appeal to the preliminary Flood
Insurance Rate Maps. The 90-day appeal period is expected to begin in mid-April.
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Transportation
• Meeker Street Underpass Lighting – Signal Tech crews have installed the control box
and are preforming some additional wiring and programming to complete the project.
• Puget Sound Regional Council Grants – Staff is working on grant applications and
presentations for several projects including the Veterans Drive Extension, S. 224th Phase
II, East Valley Highway Preservation (196th to 212th), 212th Preservation (EVH to 76th),
Meet Me on Meeker and with ECD staff for the Driving Range and the Riverwood
Apartment frontage.
• Staff is preparing grant applications for the WSDOT Safe Routes to Schools grants for
traffic signals near Meridian Elementary School and Neely Obrien Elementary.
• Veterans Drive Extension – Mayor Ralph and staff attended the Gateway Program
Executive Committee meeting last week. Approximately $70 Million of the $130 Million
local contributions have been committed. Local agencies, including Kent, are applying
for grants to help fill the gap.
• Staff has begun the annual update to the Transportation Improvement
Program. Comments are being requested and can be sent to April Delchamps.
Streets
• The Street Maintenance crews will be doing a hot patch repair on Meeker Street
between 4th Ave and 2nd Ave and doing bridge inspections for the Joe Jackson Bridge,
Riverview Boulevard Overpass and the South 228th Bridge at the Burlington Northern
Crossing.
• The Signs and Markings Crew will be repairing and installing new signs at Talbot Rd S
and S 200th St, as well as at SE 261st St and 134th St.
• The vegetation crews will be repairing split rail fencing, pulling blackberries and
removing invasive species of vegetation at the Frager Berm, Boeing Creek, Boeing
wetland, Highland Park, South Seattle Auto Auction, 72nd Ave Diversion Channel, the
GRNRA, South Bend, Mallory Meadows, Rhododendron Estates and Meridian Meadows.
Water
• The Water Section continues to exercise fire hydrants and make repairs. A water line
replacement project will be on 117th Place SE on the East Hill. Staff will be installing
370 feet of 8-inch ductile iron pipe, two fire hydrants and an air-vac assembly.
Utilities
• Storm Crews will be performing a line install at Meeker Street and Gowe Street. Storm
Drainage Crews will also be performing a manhole repair on Canyon Dr and E Smith St.
• Sewer Crews will be cleaning and TV existing sewers, cleaning lines that are ten years
or older, change outs, checks and traffic control city wide. Sewer crews are beginning
the April 90-day cleaning and spray downs for pump stations.
Fleet/Warehouse
• The Radio Shop is working on mower preseason prep, new vehicle setup’s and body
shop repairs. Fleet is working on air brake inspections, emissions testing and Scheduled
and non-scheduled repairs.
# # #
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 I.
Discussion
Action
8A. Approval of Minutes.
Minutes of April 3, 2018, Workshop and Council Meeting – Approve
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Kent City Council Workshop April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 4
Date: April 3, 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 5:01 p.m.
Agenda:
Capital Investment Strategy
Barbara Lopez, Deputy Finance Director, provided a recap of the February City
Council retreat including the lack of city-wide strategies for prioritizing capital
needs, allocating limited resources, and maintaining existing infrastructure. An
effective strategy requires a solid policy foundation.
Finance and ECD are working to draft policies.
Hayley Bonsteel, Long Range Planner, indicated decisions need to be made
regarding what projects make it on the list, and that each division creates master
plans. Bonsteel conveyed that there is a need to create a cohesive project list that
reflects citywide goals.
Lopez reviewed Capital Investment Criteria examples that were modeled after the
City of Redmond:
• Infrastructure Preservation, Replacement, Risk Mitigation, and Facility Needs
• Scope of impact on Kent residents
• Subarea Action Plans (Downtown or Midway). Bonsteel provided additional
clarification regarding the subarea plans and indicated there is a need to
reflect the investment into those plans.
• Health & Safety
• Environmental Quality
• High Priority
Councilmember Budell provided feedback regarding the scoring criteria and Lopez
provided clarification.
Councilmember Higgins indicated Kent should research why Environmental Quality
is included in the scoring criteria.
Kent City Council Workshop April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 2 of 4
Lopez indicated that all projects, including projects funded by enterprise funds will
be scored to maintain a cohesive planning process.
Scoring Projects – Weighting. Lopez reviewed hypothetical criteria weighting
scenarios with 30 capital projects funded in 2018 using equal criteria ranking, high
priority ranking, sub-area priority ranking, and infrastructure priority ranking.
Council President Boyce suggested the department directors provide
recommendations to the Council regarding the percentages they would like used for
the scoring criteria.
Bonsteel reviewed funding strategies and how Kent might use this tool, including:
• Set policy direction on how to use this
• Many policy options are available
• Start with infrastructure maintenance
• Start with downtown
• Consider high cost projects differently
Bonsteel clarified that the Council will need to provide guidance on how the funding
strategy will be drafted to address how limited resources might be allocated to the
highest priorities for the city.
Derek Matheson, Chief Administrative Officer, provided next steps, that include
having the Mayor and directors meet and come up with scenarios to bring back to
the Council for guidance.
Matheson clarified that the list that comes from the scoring criteria, is not binding
on the Mayor and the Council. It becomes a guidepost and the Mayor has the right
to propose the capital budget to the council.
Lopez reviewed the Capital Investment Strategy next steps and timeline, including
drafting capital planning policies, updating the project lists, project scoring and
prioritization, develop funding forecasts, and development Capital Investment
Strategy report.
The Government Finance Officers Association best practice for Capital Planning
Policies was provided to the councilmembers that includes the recommendation that
a description of how an organization will approach capital planning, including how
stakeholder departments will collaborate to prepare a plan that best meets the
operational and financial needs of the organization.
Small Cells (5G) Update
Christina Schuck, Assistant City Attorney, presented details regarding small cells
(5G).
Kent City Council Workshop April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 3 of 4
Schuck provided an overview of small cell aesthetics from surrounding cities that
include location, design, colors, bulk/massing, pole height, other restrictions and
designs, and if those cities have passed ordinances.
Councilmember Higgins asked if there is a downside to adopting high standards.
Schuck advised there is a difference between high standards and inflexibility.
Are there any locations the council would like to limit the location of small cells.
Chad Bieren, Deputy Public Works Director, advised that careful consideration
should be made regarding the desire for high speed services.
Erin George, Current Planning Manager, advised that design standards don’t apply
to utility poles.
Council requested making the small cell equipment as unobtrusive as possible.
George provided details regarding the permitting process and indicated that current
code allows attachments to Kent property that includes right-of-way permit
administrative approval is required for antenna 10’ or less than existing height of
pole, and a conditional use permit is required if the antenna will be more than 10’
higher than the existing pole. Details were provided regarding permitting timelines,
staff reports, and hearing requirements.
Details were provided regarding the Economic and Community Development
department’s work on a simple zoning code amendment to define small cells and
identify process.
Information regarding franchise utility permits was presented, including the
proposed review by public works staff to ensure that the permits will be in
compliance with the franchise agreement conditions.
Mayor Ralph expressed her concerns that the pictures that carriers present will not
look like what is installed.
Schuck advised that once carriers deploy infrastructure on a pole, they can’t make
a substantial change, but there are exceptions to the rule. Federal law says carriers
can make changes without city oversight unless substantial change or it defeats a
concealment measure. Schuck indicated language to cover these changes will be
included in the franchise agreements.
Schuck advised that Kent can’t do a lot with utility pole aesthetics, but can focus on
location, height, and what the equipment looks like. Franchises can be drafted to
include provisions as follows:
Minimize appearance from existing residential structures
Kent City Council Workshop April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 4 of 4
Limit the amount of cubic feet of equipment per 150-foot radius
No co-location
Other location restrictions
Limit replacement pole height to 10 feet taller or 15%, whichever is less
Paint to match pole
Conceal wires in conduit
No illumination
Limits on stickers/decals
Width and mounting
Non-utility pole aesthetics (city-owned infrastructure – outside the franchise
provisions) can include:
Internal antennas and equipment in a plain pole
External equipment and antennas
Council expressed the desire to have standards that require carriers match existing
poles.
Schuck provided next steps, including negotiating franchises, continue researching
city-owned poles, and preparing a draft ordinance.
Bieren advised that public works needs Council direction regarding the drafting of
an ordinance for cell providers installing on Utility Poles.
The meeting concluded at 6:47 p.m.
Kimberley A. Komoto
City Clerk
April 3, 2018
Kent City Council Regular Meeting April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 1 of 8
Date: April 3, 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 7:03 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
There were no changes to the agenda.
Council President Boyce moved to accept the agenda as presented,
seconded by Councilmember Thomas.
The motion passed unanimously with a vote of 7-0.
4. Public Communications
A. Public Recognition
i. Employee of the Year for 2017
Mayor Ralph recognized Paul Scott, Accounting Manager in the Public Works
Department, as the 2017 City of Kent Employee of the Year. Paul expressed
his sincere appreciation for this honor.
ii. Employee of the Month for April
Mayor Ralph recognized Mark Pitts, Storm Maintenance Worker III, as the
City of Kent’s Employee of the Month for April.
iii. Proclamation for Sexual Assault Awareness Month
Kent City Council Regular Meeting April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 2 of 8
Mayor Ralph presented Mark Lester, King County Sexual Assault Research
Center (KSARC) board member, with the proclamation for Sexual Assault
Awareness Month. Lester provided details regarding the program and
expressed his appreciation for Kent’s leadership and financial contributions.
Councilmember Higgins expressed his appreciation for Lester’s service on
the board and for the work of KCSARC.
Mayor Ralph indicated that everyone can help stop sexual assault by Being
Loud!
iv. Proclamation for Sikh Heritage Month
Councilmember Kaur read the Proclamation for Sikh Heritage Month.
Harpreet Kaur and Amarjit Singh expressed their appreciation of the
proclamation and provided details regarding upcoming events in addition to
their work on the Green Kent Clean Up events.
v. Proclamation for Earth Day
Mayor Ralph presented Bryan Higgins, Parks, Planning, and Development
Coordinator, with the Proclamation for Earth Day. Higgins provided details
regarding Earth Day activities throughout the City of Kent. Visit
KentWA.gov/Comevolunteer for more information.
B. Community Events
Council President Boyce provided information regarding upcoming events at
the accesso ShoWare Center. Visit accessoShoWareCenter.com for additional
details.
C. Economic and Community Development Update
Bill Ellis, Chief Economic and Community Development Officer, presented an
Economic and Community Development update including the Dick’s Drive-In
groundbreaking event.
The Starbucks/Sonic Drive-In is set to open June 1st. The Classic Accessories is
now open at their new location.
Ellis reviewed Kent Valley rent growth and indicated that warehouses are now
worth more than offices, thanks to Amazon. Ellis advised that Kent has a
robust and diverse industrial base.
Ellis indicated there is a positive jobs flow and reviewed where workers live
who are employed in Kent.
Ellis advised that Flow International announced that they will move their
manufacturing operations to Kansas. Kent will be working with their operation
folks to try to match current Flow employees with other Kent businesses.
Kent City Council Regular Meeting April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 3 of 8
Ellis provided information on Opportunity Zones, how cities are responding to
the region’s growth by planning and realizing residential growth in their
commercial areas, marketing sub-regionally, the Soundside Alliance, building a
business ecosystem, Auburn’s Innovation Partnership Zone, new resources for
business development – working with partners, what distinguishes us, what
surprises and what connects us, in addition to working with partners to
promote and develop community assets.
Ellis provided information regarding the Kent Downtown Partnership’s June 1st
annual dinner auction fundraising event at the accesso ShoWare Center.
5. Reports from Council and Staff
Mayor Ralph is a member of the Puget Sound Regional Council executive board.
During the recent meeting, there was a robust conversation regarding regional
centers relating to whether military bases should be considered part of the regional
centers.
Mayor Ralph provided information regarding the first of 3 budget roadshow
presentations. The next presentation will be held on April 21st at Sunrise
Elementary and the final presentation will be held on May 3rd at the Senior Center.
Mayor Ralph talked about the school district budget challenges and the relationship
between the city and district and conveyed that the school district’s budget issues
are not the same as the City’s budget issues.
Derek Matheson, Chief Administrative Officer, advised that his report is in the
packet, there is an executive session tonight to discuss potential litigation and is
expected to last 15 minutes with no action following the session.
Council President Boyce
President Boyce encouraged the public to attend one of the upcoming budget
roadshow meetings and indicated the Mayor and Finance Director are presenting
budget information to the public and are seeking input.
Boyce provided a brief recap of tonight’s City Council workshop topics including
capital investment strategies and small cells (5G).
Boyce serves on the Sound Cities Association Public Issues Committee and
indicated that April 11th agenda includes the appointment to the Regional Transit
committee. There will be a discussion on school siting and veterans and human
services, and an update on the regional center and future levies and ballots and
upcoming SCA issues.
The PIC workshop agenda that begins at 6 p.m. on the 11th includes Part II strategy
discussing the root costs of homelessness.
Kent City Council Regular Meeting April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 4 of 8
Boyce advised that information regarding the process to fill Councilmember’s
council position will be provided to the public.
Councilmember Budell
Councilmember Budell serves on the Sound Cities Association Domestic Violence
Initiative. No report.
Budell advised that she accepted a full-time position with an employer located in
Chicago and indicated that, due to conflict of interest concerns, her employer
advised her to resign her council position by April 13, 2018.
Councilmembers expressed their appreciation for Budell’s work during her term on
the council.
Councilmember Kaur
Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air
Agency Advisory Council. Next meeting is April 11th.
Councilmember Kaur serves on the Sound Cities Association Growth Management
Planning Council. Next meeting is in May.
Kaur indicated that she participated in the Communities in Schools event and spoke
to 6th grade students at Millennium Elementary during their career day.
Kaur advised that she attended the Women’s One Act at Kentridge High School.
Councilmember Higgins
Councilmember Higgins is the Chair of the Public Works Committee. Report in the
minutes.
Councilmember Troutner
Councilmember Troutner serves on the Sound Cities Association Regional Law,
Safety and Justice Committee. During the March 21st meeting, there were
presentations from the Auburn Prevention Coalition, Federal Way Youth Action
Team, Rainier Beach Action Team, and the Community Passageways Group. These
groups partner with libraries and schools and working with at youth at risk.
Councilmember Troutner is the chair of the Public Safety Committee. Next Meeting
is April 10th.
Troutner advised that the next Coffee with the Chief is scheduled for April 18th at
the Dilettante Mocha Café in the Kent Station.
Councilmember Thomas
Kent City Council Regular Meeting April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 5 of 8
Councilmember Thomas serves on the Puget Sound Regional Fire Authority Board
and advised the next meeting is scheduled for April 19th at 5:30 p.m. at Station 78
in Covington.
Councilmember Thomas is the chair of the Operations Committee. The report in the
minutes.
Councilmember Fincher
Councilmember Fincher serves on the Sound Cities Association Mental Health and
Drug Dependency Oversight Committee - King County. The committee is working
on the integration of mental and behavior health and are on schedule for integrated
health care in 2019. The committee is also evaluating the programs that are
funded.
Councilmember Fincher serves on the Sound Cities Association King Conservation
District Advisory Committee. The committee is working on their change theory
work. Fincher is working on the rural and urban forestry programs.
Councilmember Fincher is the chair of the Parks and Human Services Committee.
And advised that April 10th is the deadline for human services grants. Fincher
provided additional details regarding Earth Day activities at Riverview Park.
Councilmember Fincher serves on the Arts Commission. Spotlight Series is wrapped
up. Fincher advised there will be dedications for the wrapped traffic signal boxes
and advised that there are eight more being installed.
6. Public Hearing
None
7. Public Comment
Jean Bremmer, a Kent resident, expressed his concern over possible tax increases
and asked the City to prioritize expenditures.
Sylvia Suszka Hildebrandt, a Kent resident spoke in support of a $20 car tab fee
and provided suggestions regarding the investment and expendure of funds over
time, in addition to selling parking permits.
8. Consent Calendar
Council President Boyce moved to approve the Consent Calendar Items A
through H, seconded by Councilmember Thomas.
The motion passed unanimously with a 7-0 vote.
A. Minutes of March 20, 2018, Workshop and Council Meetings – Approve
Minutes of March 20, 2018, Workshop and Council Meetings were approved.
Kent City Council Regular Meeting April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 6 of 8
B. Payment of Bills – Approve
Bills received through February 15, 2018, and paid on February 15, 2018 were
approved. 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
Bills received through February 28, 2018, and paid on February 28, 2018
were approved. 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
Checks issued for payroll for February 1, 2018 through February 15, 2018
and paid on February 20, 2018 were approved:
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
Checks issued for payroll for February 16, 2018 through February 28, 2018
and paid on March 5, 2018 were approved:
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
C. 2013 Fourth Quarter Fee in Lieu Funds Re-Allocation – Approve
The Mayor was authorized to approve the reallocation $7,875 of fee-in-lieu funds
dedicated to Garrison Creek Park, amend the Community Parks
Kent City Council Regular Meeting April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 7 of 8
D. South 228th Street UPRR Grade Separation Project Reimbursement
Agreement with AT&T – Authorize
The Mayor was authorized 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.
E. South 228th Street Grade Separation Project Joint Utility Trench
Agreements with Comcast, Zayo, and Puget Sound Energy – Authorize
The Mayor was authorized 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.
F. South 228th Street Grade Separation Project Facility Relocation
Agreement with Puget Sound Energy – Authorize
The Mayor was authorized 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.
G. Consultant Services Agreement with Gray and Osborne for
Construction Engineering Services for the Cambridge Reservoir
Recoating and Fall Protection – Authorize
The Mayor was authorized 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.
H. South 208th Street Road Repair and Guardrail Installation – Accept as
Complete
The Mayor was authorized 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.
9. Other Business
None
10. Bids
None
11. Executive Session and Action after Executive Session
Council went into executive session at 8:15 p.m.
Pat Fitzpatrick, City Attorney, extended executive session for 5 min
Kent City Council Regular Meeting April 3, 2018
Minutes Kent, Washington
Pending Approval
Page 8 of 8
Pat Fitzpatrick, City Attorney, extended executive session for 10 min
A. Potential Litigation, as per RCW 42.30.110(1)(i)
At 8:48 p.m. Council reconvened
12. Adjournment
With no action following executive session, Mayor Ralph adjourned the meeting at
8:48 p.m.
Kimberley A. Komoto
City Clerk
April 3, 2018
Agenda Item: Consent Calendar – 8B_
8B. Approval of Bills:
Approval of payment of the bills received through March 15, 2018 and paid on
March 15, 2018. The Operations Committee audited the payment of bills on April
3, 2018.
Approval of checks issued for vouchers:
Date Check Numbers Amount
03/15/18 Wire Transfers 7440 - 7459 $3,051,930.50
03/15/18 Regular Checks 722279 - 722949 $2,702,342.81
03/15/18 Payment Plus 100786 - 100817 $132,311.62
Void Checks
03/15/18 Use Tax Payable $5,025.41
$5,891,610.34
$4,336,053.68
Approval of checks issued for payroll for March 1, 2018 through March 15, 2018
and paid on March 20, 2018:
Date Check Numbers Amount
3/20/2018 Checks 0
Voids and Reissues
3/20/2018 Advices 404907 - 405771 $1,732,262.26
$1,732,262.26
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Agenda Item: Consent Calendar – 8C_
TO: City Council
DATE: April 17, 2018
SUBJECT: Resolution Recognizing the Fern Crest Neighborhood Council – Adopt
SUMMARY: The Fern Crest neighborhood consists of 191 households and is located
on the East Hill of Kent. On March 8, 2018, the Fern Crest neighborhood submitted an
official registration form to request that the City recognize their neighborhood council
and allow the neighborhood to take part in the City’s neighborhood program. The
neighborhood has now completed the process to be recognized as a neighborhood
council.
The City’s Neighborhood Program is an initiative designed to foster better
communication among residents in a geographic area and city government. The
underlying objective of the program is to provide an avenue for residents to work
together to enhance the livability of their neighborhoods.
EXHIBITS: Resolution
RECOMMENDED BY: Economic and Community Development Committee
YEA: Boyce, Budell, Kaur NAY:
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: Adopt Resolution No. _____, recognizing the Fern Crest
Neighborhood Council, supporting its community building efforts, and
conferring on it all opportunities offered by the City’s neighborhood
program.
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1 Fern Crest
Neighborhood Council Resolution
RESOLUTION NO. ___________
A RESOLUTION of the city council of the city
of Kent, Washington, recognizing Fern Crest
Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of Kent
encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among residents
and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood councils
by endorsing a process to establish neighborhood boundaries, approve
neighborhood councils, and provide neighborhood grant matching program
opportunities to make improvements in defined neighborhoods.
C. The Fern Crest neighborhood consists of one hundred ninety-
one households.
D. The Fern Crest neighborhood is located on Kent’s East Hill and is
situated generally to the east of 132nd Avenue S.E., to the north of S.E.
227th Place, to the west of 135th Avenue S.E. and to the south of S.E. 224th
2 Fern Crest
Neighborhood Council Resolution
St. The Neighborhood is shown on Exhibit A, attached and incorporated by
this reference.
E. On March 8, 2018, the Fern Crest neighborhood submitted an
official registration form to request that the City recognize the Fern Crest
Neighborhood Council and to allow the Neighborhood to take part in the
City’s Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recognition of Neighborhood Council. – The City Council
for the city of Kent hereby acknowledges the effort and commitment of the
Fern Crest neighborhood and all those who participated in forming the Fern
Crest Neighborhood Council. The Kent City Council hereby recognizes Fern
Crest Neighborhood Council as an official Neighborhood Council of the city of
Kent, supports Fern Crest Neighborhood Council community building efforts,
and confers on the Fern Crest Neighborhood Council all opportunities offered
by the City’s Neighborhood Program.
SECTION 2. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3. – Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 4. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
3 Fern Crest
Neighborhood Council Resolution
PASSED at a regular open public meeting by the city council of the city
of Kent, Washington, this day of April, 2018.
CONCURRED in by the mayor of the city of Kent this ______ day of
April, 2018.
DANA RALPH, MAYOR
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
P:\Civil\Resolution\Neighborhoodcouncilferncrestresolution.Docx
EXHIBIT A
Agenda Item: Consent Calendar – 8D_
TO: City Council
DATE: April 17, 2018
SUBJECT: South 218th Street Schedule 74 Undergrounding and Joint Trench
Agreements – Authorize
SUMMARY: The South 224th Street Improvements, Phase 2 project includes work
along 88th Avenue South and South 218th Street and extends from South 222nd
Street to 94th Place South. The project consists of widening 88th Avenue South and
South 218th Street to include a turn lane, curb, gutter, sidewalk and planter strips.
The work also includes the replacement of the existing Garrison Creek bridge and the
construction of retaining walls.
In order to perform the above described work, Puget Sound Energy, Comcast, and
CenturyLink need to relocate utilities from aerial to underground the facilities pursuant
to the City’s utility undergrounding ordinance.
A design agreement with Puget Sound Energy was approved last June to initiate
design. In order to meet the project schedule, we need to move forward with the
utility agreements.
EXHIBITS: Schedule 74 Underground Conversion Agreement with Puget Sound
Energy and Joint Trench Agreements with Comcast and CenturyLink
RECOMMENDED BY: Public Works Committee
YEA: Fincher, Troutner, Higgins NAY:
BUDGET IMPACT: Undergrounding of utilities is included in the project 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.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Authorize the Mayor to sign a Schedule 74 Underground
Conversion Agreement with Puget Sound Energy and Joint Trench
Agreements with Comcast and CenturyLink for utility undergrounding on
South 218th Street as part of the South 224th Street Phase 2 project,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
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h
101103886
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City of Kent - South 218th Street- 88th Ave. S. to 94th Pl. S. Sch. 74
PSE Project Number: 101103886
March 16, 2018
Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes the scope of
construction work (the "Construction Work") to be performed by PSE and the City of Kent (the
"City") for the conversion of certain PSE electrical distribution system facilities as described
herein (the "Conversion Project"). Construction of this Conversion Project is contingent upon
and shall commence only after both written acceptance of this Project Plan and written execution
of a Schedule 74 Construction Agreement by the City and PSE.
This Project Plan includes and consists of:
• Description of the Construction Work to be performed
• Construction Drawings, Standards, Specifications and Requirements for the Construction
Work (attached)
• Operating Rights to be obtained for the Conversion Project (attached)
• Construction Work Schedule
• Construction Costs Estimate Summary (attached)
Revisions to this Project Plan must be mutually approved bv the City and PSE.
Construction Work
This Conversion Project will replace PSE's existing overhead electrical distribution system with
an Underground Distribution System within the following area (the "Conversion Area"): will be
the south side of S. 218th S treet between 88th Avenue S. and 94th Place S. Road crossings
will be part of this project.
The Conversion Project has no modifications or replacement of existing services lines within the
Conversion Area. This project will include the removal of PSE's existing overhead electric
distribution facilities (including PSE distribution poles and pole mounted street lights) from the
Conversion Area.
There are no Company Initiated Upgrades in the Conversion Project Scope of Work.
City requested upgrades included in this project consist of: None
City of Kent
South 2181 Street – 88th to 94th
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h
City Responsibilities
Responsibilities of Parties
a) At least ten (10) business days prior to the scheduled commencement of Construction Work,
hold a pre-construction meeting involving all participants in the Conversion Project to review
project design, coordination requirements, work sequencing and related premobilization
requirements.
b) At least ten (10) business days prior to the scheduled commencement of Construction Work,
give PSE written notice to proceed with the Construction Work to allow for delivery of PSE
materials to the job site and scheduling of PSE's on-site Inspector.
c) Provide written notice to customers within the Conversion Area in advance of Conversion
Project Construction Work start. The notice will include contact information for both the
City and PSE, the expected Conversion Project schedule, anticipation of service interruptions
and work required to be performed by customers.
d) Coordinate other utility conversion, removal and relocation from PSE's poles.
e) Provide all surveying for equipment placement, locations, and establish all grade elevations
for the Underground Distribution System within the Conversion Area.
f) Provide all necessary excavation, bedding, backfill, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut-over and transfer of existing underground system
and service lines from the existing overhead distribution system to the new Underground
Distribution System.
g) Provide flagging and traffic control as required for all work performed by the City.
h) Install and proof all ducts and vaults for the Underground Distribution System (excluding
work in ducts or vaults containing energized cables or equipment - see PSE Responsibilities)
in accordance with PSE standards and specifications using ducts and vaults provided by PSE.
"Proofing" as used herein is defined as verification using a mandrel that the duct and vault
system is free and clear of damage, installed to the proper grade and at the proper location and
contains a pulling line.
i) Provide at least five (5) business days' notice for scheduled delivery of PSE vaults by PSE's
vault supplier.
j) Provide secure staging and storage area(s) for duct and vault materials provided by PSE. The
City shall be responsible for the security and condition of these materials until they are
installed and accepted by PSE or returned to PSE's custody.
k) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to
the job site.
City of Kent
South 218th Street – 88th to 94th
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Page 2
City of Kent 218th – 88th to 94th Page 3
1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and its
contractor(s), the City and its contractor(s), and other utilities.
m) Provide any necessary operating rights for the installation of PSE's facilities in accordance
with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City.
Operating rights are further addressed in the Operating Rights section of this Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
o) Following notification from PSE that Construction Work is complete; provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Puget Sound Energy Responsibilities
a) Following notice from the City, deliver or cause to be delivered all duct and vault materials
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests.
b) Following notice from the City, provide inspection services needed for overseeing the proper
installation of ducts and vaults by the City.
c) Accept delivery of the completed duct and vault system once the new system has been
proofed (as described above) by the City. PSE will provide a mandrel to the City to be used
in proofing of the duct and vault system.
d) Provide PSE electrical workers to complete duct installation and proofing when such work is
performed at or in any energized vault containing energized cables or equipment.
e) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground Distribution
System is energized.
f) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item "f' concerning trenching
responsibility). PSE will notify the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
g) Install and connect replacement underground service lines to single family residences and
connect modified and replacement non-residential underground service lines provided by
customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service
lines are listed in the Service Lines section of this Project Plan.
h) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE's poles. Holes left following removal of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
City of Kent 218th – 88th to 94th Page 4
i) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
j) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor during periods of Conversion Project
construction.
Operating Rights
The Underground Distribution System will be located within Public Thoroughfare and no
additional operating rights will be required for the construction of this conversion project.
Construction Work Schedule
The Construction Work will be performed in accordance with the following Work Schedule,
unless this schedule is revised by mutual agreement of the City and PSE or circumstances
beyond the reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Will be 2018 to 2019 construction and is anticipated to be x
working days for duct and vault.
Installation and energization. of the Underground Distribution System: Will be energized in
2019 and is anticipated to take approximately 25 working days.
Removal of overhead facilities: from PO__ (Grid Number _______) to P__ (Grid Number
________) will be removed in 2019 and is anticipated to take approximately two days for
removal of PSE's overhead system. Poles will be removed once all utilities have removed
facilities off the poles.
Installation and removal of Temporary Service: No temp services requested at this time.
Work Schedule Restrictions: No work restriction anticipated at this time.
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for ninety (90) days from the date shown on the attached Construction Costs
Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not
fully executed within ninety (90) days from this date, the estimated costs shall be subject to
revision.
The scope of work provided for in the previously executed Design Agreement has been
completed with written acceptance of this Project Plan by the City and PSE. The Construction
Cost Estimate summary reflects and provides for Construction Work costs commencing with
PSE attendance at the required pre-construction meeting and receipt of the City's written notice
to proceed with Construction Work. Work performed and/or costs incurred by PSE in response
City of Kent 218th – 88th to 94th Page 5
to City request following acceptance of the Project Plan and prior to the pre-construction meeting
are not included in the Construction Cost Estimate Summary, and shall be subject to addition to
the Construction Cost Estimate by revision as described below.
Estimated Inspection and Service Provider Outside Services costs are based on
being constructed in 2018-2019. Any work in 2020 will be subject to change order at the 2020
contract construction rates.
Costs/or Construction Work performed by PSE outside of the projected corresponding
construction years shall be subject to revision to reflect PSE Service Provider contract rates
which become effective in January of 2020.
Changes in Construction Work scope, performance and/or schedule can result in actual
Construction Costs that differ from estimated costs shown in the Construction Cost Estimate
Summary. In the event performance of the Construction Work cannot or does not proceed
substantially as provided in this Project Plan, such changes shall promptly be brought to the
attention of PSE and the City when anticipated or known and shall be documented in a revision
to the Construction Cost Estimate Summary (a "Cost Estimate Revision") mutually agreed and
executed by the City and PSE.
Project Assum ptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement and addressed by a Cost Estimate Revision.
Cost Assumptions
1. The Construction Work will be performed in accordance with the Construction Drawings and
Construction Work Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days' notice of completion
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
justification), the City will perform the necessary remedial work. The City will then re-
notify PSE and PSE shall have five (5) business days to accept or reject the remedial work.
3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts
and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling
equipment and methods.
4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application (including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
City of Kent 218th – 88th to 94th Page 6
5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's
contractor opening a minimum of 60 feet of trench per working day. The daily productivity
rate is used to estimate the number of days a PSE Inspector will be required during installation
of ducts & vaults. The Inspector will be scheduled in full day increments and in one
continuous effort. Changes to a continuous schedule require a minimum of five (5) days
advance notice and must be mutually agreed between the City and PSE.
6. Attendance by PSE's Project Manager at scheduled weekly construction coordination
meetings is included and reflected in the Construction Cost Estimate during periods when the
PSE ducts and vaults are actively being installed and when the PSE line crew is performing
installation, energization, cut-over and removal work. Attendance at additional meetings that
may be requested/required during other periods will be addressed by a Cost Estimate
Revision.
7. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple
channelization. Additional traffic control measures are not included and if
requested/required will be addressed by a Cost Estimate Revision.
8. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
9. Cut-over and transfer work will be completed during regular working hours as described in
Schedule Assumption #3 below. Changes in the performance of this work will be addressed
by a Cost Estimate Revision.
10. New guy anchors shall be installed prior to installation of new ducts in the same area.
11. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to
PSE when required for a Company Initiated Upgrade and otherwise 100% to the City.
12. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, associated costs
will be a Shared Cost and addressed by a Cost Estimate Revision.
Schedule
1. There will be a total of two (2) PSE crew mobilizations for each of Phase One and Phase
Two as follows: i) one mobilization of an underground line crew for installation of
underground conductors and equipment; and ii) one mobilization of an overhead line crew
for removal of the existing overhead facilities. Once mobilized, PSE crews will have
continuous productive work until all PSE Construction Work is complete.
2. All PSE Construction Work will be performed during regular working hours from 7:00 am to
3:30 pm Monday through Friday excluding holidays. In the event that lane closures are
necessary for performance of work, PSE shall be limited to working between the hours of
7:00 am to 3:30 pm Monday through Friday. PSE and the City will mutually agree to weekly
work schedules for the Construction Work. PSE shall be allowed to perform PSE work as
scheduled without changes or interruptions caused by other construction activities.
3. PSE customers within the Conversion Area will experience interruption of electric service
during performance of the Construction Work when cutting over and transferring system and
customer loads from the overhead distribution system to the Underground Distribution
City of Kent 218th – 88th to 94th Page 7
System. Cut-over and transfer work will be performed during the regular working hours
specified in Schedule Assumption #2 above except as otherwise provided below. PSE will
notify customers at least two (2) business days in advance of scheduled service interruptions.
Additional Considerations
Service Lines
Service lines within the Conversion Area must be modified or replaced to provide underground
service from the Underground Distribution System as listed below. Performance of the work and
associated costs shall be governed by PSE Tariff Schedule 85.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE' s "Electric Distribution Trench/Duct/Vault Construction Standards, 2013 ". All relevant
PSE standard described above are attached to this Project Plan by this reference.
Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported (held) due to excavation in
proximity to such poles, the City will coordinate with PSE to provide such support. The need to
temporarily support such poles shall be determined by PSE, and if required, such support shall be
provided by PSE. As used herein, "temporary support" means supporting one or more poles for
a continuous working period of ten hours or less.
City of Kent 218th – 88th to 94th Page 8
Acce ptance of Pro ject Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By:____________
Its:____________
Date:__________
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: S. 218th Street – 88th Ave. S. to 94th Place S. Sch. 74
Project Number: 101103886
THIS Agre ement, dated as of this ___ day of _________, 2018, is made by and between The
City of Kent, a Municipal cooperation (the “Governrnent Entity"), and PUGET SOUND ENERGY, Inc., a
Washington Corporation (the "Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area") with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of June 26, 2017 (the "Design Agreement"), pursuant to which the parties
completed certain engineering design, cost assessment, operating rights planning and other preliminary
work relating to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74.
AGREEMENT
The Government Entity and the Company therefore agree as follows :
1. Definitions.
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
Construction Agreement, Attachment "B" to Schedule 74, Page 1
City of Kent South 218th Street Sch. 74 101103886
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101103886
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being replaced.
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government-Requested Upgrade.
(i) "Party" shall mean either the Company, the Government Entity, or both.
U) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii) the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(I) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
Construction Agreement, Attachment "B" to Schedule 74, Page 2 City of Kent
101103886
South 218 Street – 88th to 94th Sch. 74
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101103886
pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which are
attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement.
(q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Ob ligations of the Company.
Construction Agreement, Attachment "B" to Schedule 74, Page 3
City of Kent South 218th Street – 88th to 94th Sch. 74
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101103886
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obligations of the Government Entity .
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work"):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards) with the
Underground Distribution System or the installation or maintenance thereof. Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and the
Government Entity shall be responsible for the coordination of the design and installation of the
facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i) the Government Work completed to date, (ii) the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
Construction Agreement, Attac hment "B" to Schedule 74, Page 4
City of Kent South 218th Street – 88th to 94th Sch. 74
Page 4
Construct ion Agreement, Attachment "B" to Schedule 74, Page 5
City of Kent South 218th Street – 88th to 94th Sch. 74 101103886 Page 5
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6. Changes.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Construction Agreement, Attachment "B" to Schedule 74, Page 6
City of Kent South 218th Street – 88th to 94th Sch. 74
101103886
Page 6
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost,
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade.
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
Construct ion Agreement, Attac hment "B" to Schedule 74, Page 7
City of Kent South 218th Street – 88th to 94th Sch. 74 101103886 Page 7
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
8. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
Construct ion Agre ement , Attachment "B" to Schedule 74, Page 8
City of Kent South 218th Street – 88th to 94th Sch. 74 101103886 Page 8
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons' and entities' Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty (20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 1O(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
Construction Agreement, Attachment "B" to Schedule 74, Page 9
City of Kent South 218th Street - 88th to 94th Sch. 74
101103886
Page 9
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. Insurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $1,000,000 per
occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of $1,000,000
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Agreement Subiect To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination . The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
Construction Agreement, Attachment "B" to Schedule 74, Page 10
City of Kent South 218th Street – 88th to 94th Sch. 74 101103866 Page 10
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15.000 Volt s . Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Independent Contractor . The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries . There are no third-party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
U) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
Construct ion Agreement, Attac hment "B" to Schedule 74, Page 11
City of Kent South 218th Street – 88th to 94th Sch. 74 101103886 Page 11
h
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
(I) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows:
If to the Government Entity: City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: Stephen Lincoln
Fax: 253-856-6500
If to the Company: Puget Sound Energy, Inc.
6905 South 2281 Street
Kent Washington 98032
Attn: Dennis Booth
Phone Number: 425-417-9188
Any Party may change its address specified in this Section 13(1) by giving the other Party notice of
such change in accordance with this Section 13(1).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written or oral, with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Gost Summary Table
Revision 31912018
General Gontractors--BlD COSTS
2l Bth
TotalCosts
Totals 13,274 $64,607 4,957 ,838
Notes:
- Costs are based on shared trench cost between trench participants.
Centurylink pays for the percentage of total number of conduits---Ex COMCAST 2 conduits total B lS 25%
Centurylink share lN NON SCHEDULE 74 WORK lS BASED ON NUMBER OF UTILITIES lN TRENCH)
See pages Sand 6.
- City pays 100o/o lor PSE power's trench cost per schedule 74.
- City pays 40o/o for PSE vault and conduit work (conversion cost) per schedule 74.
C:\Users\wwakefield\AppData\Local\Microsoft\Windows\Temporary lnternet Files\Content.Outlook\RND8M07F\Centurylink2l Bth JUT Revised Mar 9
3129120182:23 PM Cost.xls
Trenchinq
Vault and Conduit
lnstallation
Engineering Design,
Coordination and
lnspection Total Balance Due
PSE GAS $o $o $o $0
PSE Power $364,007 $364,007
Century Link $140,416 $37,005 $8,567 $185,988
Comcast $108,851 $27,602 $6,390 ç'142,843
2
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JOINT TRENCH AGREEMENT– Page 1 of 8 (March 16, 2018)
(between City of Kent and Comcast Re: S. 218th Street)
JOINT TRENCH AGREEMENT
Between the City of Kent and Comcast
for the L.I.D. 363 - S. 218th Street Project
(88th Avenue S. to 94th Place S.)
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation (“City”), and Comcast of Washington IV, Inc. a Washington corporation
(“Comcast”).
RECITALS
WHEREAS, the City is making right-of-way improvements to S. 218th Street.
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, that these right-of-way improvements require Comcast to
relocate the underground facilities that are currently in conflict with this project.
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 for the
construction of a trench which shall include Comcast, CenturyLink, and PSE power facilities.
This trench will be placed along the south side of S. 218th Street beginning at 88th Avenue S. and
ending at 94th Place S. There will be approximately three (3) trench crossings of S. 218th Street
to serve customers on the north side of the street. All utilities requiring to cross will use these
trenches.
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, install Comcast, CenturyLink and PSE power facilities, accommodate and
coordinate the installation of Comcast facilities, install the bedding material, backfill and
compact the trench, and perform any restoration required by the City, all to be performed in a
JOINT TRENCH AGREEMENT– Page 2 of 8 (March 16, 2018)
(between City of Kent and Comcast Re: S. 218th Street)
good and workmanlike manner consistent with industry standards. The City represents that any
such contract shall further require of contractor that the work be conducted in conformity with (i)
the applicable procedures and requirements of the parties as described herein; (ii) all applicable
laws, ordinances and regulations of any governmental authority, and; (iii) all applicable terms
and provisions of the National Electric Safety Code, as may be amended, supplemented or
replaced from time to time, including but not limited to those pertaining to protection and
separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Comcast shall provide engineering drawings, specifications,
construction standards, quantities, and cost estimates to the City for the underground relocation
of Comcast’s facilities. The drawings shall show in detail the location and elevation of the
conduits, trench, and vaults, and shall include a general traffic control plan for activities not
associated with installation of facilities within the contractor controlled open trench area.
B. Installation. Comcast shall furnish and install their conduit in the City provided
trench and shall furnish and deliver to the site all vaults for installation by the City in a timely
manner as outlined in subsection 3.D. Comcast shall schedule all deliveries and work so as not
to delay the City’s contractor. All rights, title and interest in the facilities and associated
equipment shall at all times remain with Comcast. Parties hereto acknowledge and agree that
Comcast shall in no event be required to remove their respective, affected aerial facilities prior to
completion of the underground facilities in accordance with this Agreement, and so long as said
installation is completed in conformity with this Agreement.
C. Traffic Control. The City’s contractor shall perform all traffic control associated
with installation of facilities within the contractor controlled open trench area. Comcast shall be
responsible for providing traffic control during installation of facilities not associated with the
controlled open trench area.
D. Comcast Coordination. Comcast shall maintain continued coordination with the
contractor regarding the installation of Comcast’s facilities. This coordination shall include but
not be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Time and duration of work including project schedule by Comcast’s
contractor to install facilities in the trench. Once the contractor has given one week notice to
Comcast of when the trenching work will begin, Comcast shall abide by the following schedule:
a. Comcast shall have necessary manpower and equipment on site and shall
have a three (3) hour window per day with which to complete installation of conduits when the
JOINT TRENCH AGREEMENT– Page 3 of 8 (March 16, 2018)
(between City of Kent and Comcast Re: S. 218th Street)
trench is provided and plumb them into the vaults. The City’s contractor will install Comcast’s
conduit in the street crossings.
b. The City’s contractor shall provide Comcast daily notification and provide
at least 12 hours notice as to the exact timing of when Comcast’s three (3) hour installation
window will start.
c. The City’s contractor will excavate for and place Comcast vaults in the
trench including bedding and backfill.
d. Comcast shall coordinate closely with the City’s contractor to provide all
necessary materials in a timely manner.
3. Location of where Comcast’s contractor will begin the work.
4. Coordination with other utility companies included in the joint trench for the
placement of conduit. This may include the stacking of conduits with another utility, and
locating conduits below or around other vaults.
E. Surveys. The City will provide the survey for the location of the trench and vaults.
F. Election Not to Proceed. If Comcast elects not to proceed with joining in the trench
provided by the contractor, Comcast shall obtain a permit from the City and remain liable for
completing all work in accordance with the letter sent to Comcast dated September 27, 2017, and
attached to this agreement.
4. COMPENSATION
A. Trench costs. Comcast agrees to pay the City a portion of the trench costs,
including trench bedding and backfill, commensurate with their proportionate share of trench
usage as shown in Exhibit A 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.
B. Street Crossings. Comcast agrees to pay for the installation costs for the City’s
contractor to install Comcast’s conduits in the street crossings. These costs are in addition to the
trench costs outlined in subsection 4. A herein.
C. Survey. Comcast agrees to pay 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 Comcast facilities.
JOINT TRENCH AGREEMENT– Page 4 of 8 (March 16, 2018)
(between City of Kent and Comcast Re: S. 218th Street)
D. Traffic Control. Comcast agrees to pay the City a proportionate share of traffic
control costs related to the contractor controlled open trench areas where Comcast facilities are
present. The proportionate share shall be based on trench usage as shown in Exhibit A. Comcast
shall be responsible to provide all traffic control during installation of Comcast facilities not
associated with the controlled open trench area.
E. Additional Expenses. Comcast agrees to pay their proportionate share of
additional expenses incurred due to 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 will not pay for any share of additional expenses incurred due solely to
approved change requests from PSE, CenturyLink and/or the City.
F. Claims by Contractor. Comcast agrees to pay the entire cost of any claims made
by the contractor that are proximately caused by Comcast. These claims may include delays
caused by installing Comcast facilities, delays caused by Comcast providing materials, or any
other conflicts between the contractor and Comcast’s contractor.
G. 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 discussed above. These additional costs shall be preliminarily
determined from the bid price accepted by the City. The cost to excavate for and install
Comcast’s vaults will be finalized after completion of construction to account for actual
construction costs.
H. Invoice. Comcast agrees to pay the City within sixty (60) days of being invoiced
by the City for amounts that the contractor has invoiced the City and which Comcast has agreed
to pay under this Agreement.
I. Defective or Unauthorized Work. Per the terms of the agreement between the
City and contractor, Comcast reserves the right to withhold payment from 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 Comcast’s approval. If for any
reason it is necessary to satisfactorily complete any portion of the work, Comcast may complete
the work using its own means.
J. 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
JOINT TRENCH AGREEMENT– Page 5 of 8 (March 16, 2018)
(between City of Kent and Comcast Re: S. 218th Street)
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 have 24 hours from receiving
the price from the City 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 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 Comcast 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 Comcast for more than the three (3) hour time frame provided
for in Section 3.D.2. 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
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.
The contract between the City and the contractor shall require that the contractor procure
and maintain for the duration of the project insurance of the types and in the amounts described
below against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work by the contractor, its agents, representative,
employees, subconsultants or subcontractors.
JOINT TRENCH AGREEMENT– Page 6 of 8 (March 16, 2018)
(between City of Kent and Comcast Re: S. 218th Street)
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
general aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employer’s liability.
3. Excess Liability insurance with limits not less than $1,000,000 per occurrence
and aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of
the contractor. The parties, their officials, employees, agents and volunteers shall be named as
additional insureds on the insurance policy, as respects work performed by or on behalf of the
parties and a copy of the endorsement naming the parties as additional insured shall be attached
to the Certificate of Insurance, copies of which shall be provided to the parties prior to
commencement of construction by the contractor. The contractor’s insurance shall contain a
clause stating that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer’s liability.
8. FRANCHISE AGREEMENT
The City and Comcast agree that as to future projects, by entering into this Agreement,
neither party has waived any rights it may have under the existing franchise agreement between
the City and Comcast, and the City and Comcast expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, Comcast’s participation in the joint
trench activity contemplated in this Agreement, and its very participation in this Agreement,
shall in no event be construed as acceptance, affirmation or ratification of the City’s construction
of Comcast’s obligation to underground and enter into a writing pursuant to the franchise
agreement, and parties understand and agree that the terms and conditions of this Agreement
shall not be considered as a basis for future undergrounding projects that may be franchise-
required.
9. MISCELLANEOUS
A. Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Agreement.
B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
JOINT TRENCH AGREEMENT– Page 7 of 8 (March 16, 2018)
(between City of Kent and Comcast Re: S. 218th Street)
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
C. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the parties or between
any party and the contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
D. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties’ performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party’s right
to indemnification under Section 8 of this Agreement.
E. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
F. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
of each of the affected parties.
G. Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever
of another.
I. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occurrence of an event
of “force majeure,” which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots
or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other
similar catastrophes or other causes beyond the parties’ reasonable control. The scope of events
of force majeure shall not extend to payment of money owed hereunder.
JOINT TRENCH AGREEMENT– Page 8 of 8 (March 16, 2018)
(between City of Kent and Comcast Re: S. 218th Street)
K. Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
COMCAST OF WASHINGTON IV, INC. CITY OF KENT
Print Name: Ken Rhoades Print Name:
Title: Area Vice President Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
COMCAST CITY OF KENT
Comcast City of Kent
402 Valley Avenue NW, Suite 101 220 Fourth Avenue South
Puyallup, WA 98371 Kent, WA 98032
Attn: Jerry Steele Attn: Chad Bieren
(253) (Desk) (253) 856-5534 (Desk)
(253) (Cell) (253) 856-6500 (Fax)
(253) (Fax)
With a copy to: APPROVED AS TO FORM:
Comcast Cable Communications, LLC
1500 Market Street
Philadelphia, PA 19102 Kent Law Department
Attention: General Counsel
P:\Civil\FILES\OpenFiles\0177-2005\JointTrenchAgreement-Comcast-MilitaryRoad.doc
EXHIBIT A - JOINT TRENCH AGREEMENT – MILITARY ROAD
(between City of Kent and Comcast)
Exhibit A
Joint Trench Costs
Gost Summary Table
Revision 31912018
General Gontractors--BlD COSTS
2l Bth
TotalCosts
Totals 13,274 $64,607 4,957 ,838
Notes:
- Costs are based on shared trench cost between trench participants.
Centurylink pays for the percentage of total number of conduits---Ex COMCAST 2 conduits total B lS 25%
Centurylink share lN NON SCHEDULE 74 WORK lS BASED ON NUMBER OF UTILITIES lN TRENCH)
See pages Sand 6.
- City pays 100o/o lor PSE power's trench cost per schedule 74.
- City pays 40o/o for PSE vault and conduit work (conversion cost) per schedule 74.
C:\Users\wwakefield\AppData\Local\Microsoft\Windows\Temporary lnternet Files\Content.Outlook\RND8M07F\Centurylink2l Bth JUT Revised Mar 9
3129120182:23 PM Cost.xls
Trenchinq
Vault and Conduit
lnstallation
Engineering Design,
Coordination and
lnspection Total Balance Due
PSE GAS $o $o $o $0
PSE Power $364,007 $364,007
Century Link $140,416 $37,005 $8,567 $185,988
Comcast $108,851 $27,602 $6,390 ç'142,843
2
JOINT TRENCH AGREEMENT– Page 1 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
JOINT TRENCH AGREEMENT
Between the City of Kent and CenturyLink
for the L.I.D. 363 - S. 218th Street Project
(88th Avenue S. to 94th Place S.)
This Agreement is between the City of Kent, a Washington municipal corporation
(“City”), and CenturyTel Services Group, LLC, a Louisiana Limited Liability Company
(“CenturyLink”).
RECITALS
A. The City is making right-of-way improvements to S. 218th Street.
B. These right-of-way improvements require CenturyLink 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 right-of-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 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,
CenturyLink and PSE power facilities. This Trench will be located along the south side of S.
218th Street, between 88th Avenue S. and 94th Place S. as referenced in the plan sheet attached as
exhibit A and incorporated by this reference. It is anticipated that there will be three (3)
crossings of the Trench across S. 218th Street to serve customers on the north side of the street.
All utilities that cross S. 218th Street shall use these trenches.
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, CenturyLink and PSE power
facilities; accommodating and coordinating the installation of CenturyLink facilities; installing
the bedding material, backfilling and compacting the Trench; and performing any restoration
required by the City. The City represents that any such contract shall further require that the
Contractor’s work be performed in a good and workmanlike manner consistent with industry
JOINT TRENCH AGREEMENT– Page 2 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
standards and conducted in conformity with (i) the applicable procedures and requirements of the
parties as described herein; (ii) all applicable laws, ordinances and regulations of any
governmental authority, and; (iii) all applicable terms and provisions of the National Electric
Safety Code, as may be amended, supplemented or replaced from time to time, including but not
limited to those pertaining to protection and separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. CenturyLink shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for
the underground relocation of CenturyLink’s facilities. The drawings shall show in detail
the location and elevation of the conduits, trench, and vaults.
3.2 Provision of Conduit and Vaults. CenturyLink shall provide conduit for
installation by the Contractor in the Trench and shall furnish and deliver all vaults to the
site for installation by the Contractor. CenturyLink shall schedule all deliveries in a
timely manner as outlined in subsection 3.4, so as not to delay the Contractor.
3.3 Traffic Control. The Contractor shall perform all traffic control associated with
installation of facilities within the Trench. CenturyLink shall be responsible for
providing traffic control during installation of facilities not located within the Trench.
3.4 CenturyLink Coordination. The Contractor will install CenturyLink’s conduit in
the Trench and in the street crossings. The Contractor will excavate for and place
CenturyLink vaults in the Trench including bedding and backfill.. CenturyLink shall
maintain continued coordination with the Contractor regarding the installation of
CenturyLink’s facilities and shall coordinate closely with the Contractor to provide all
necessary materials on-site in a timely manner.
3.5 Removal of Affected Facilities. Parties acknowledge and agree that
CenturyLink shall in no event be required to remove its respective, affected facilities,
prior to completion of its underground facilities, in accordance with this Agreement, as
long as the installation is completed in conformity with this Agreement.
.3.6 Surveys. The City shall provide the survey for the location of the Trench and
vaults.
3.7 Title to Facilities. All rights, title and interest in the facilities and associated
equipment shall at all times remain with CenturyLink.
3.8 Election Not to Proceed. If CenturyLink elects not to participate in the joint
utility trench, CenturyLink shall obtain a permit from the City and remain liable for completing
all work in accordance with the letter sent to CenturyLink dated September 27, 2017 and
attached to this agreement.
JOINT TRENCH AGREEMENT– Page 3 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
4. COMPENSATION
4.1 Trench costs. CenturyLink 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. CenturyLink 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 CenturyLink facilities.
4.3 Traffic Control. CenturyLink shall pay a proportionate share of traffic control
costs related to the construction of the Trench where CenturyLink facilities are included.
The proportionate share will be based on trench usage as shown in Exhibit B.
CenturyLink shall pay for all traffic control during the installation of CenturyLink
facilities, not associated with the Trench.
4.4 Additional Expenses. CenturyLink agrees to pay its proportionate share of
additional expenses incurred due to all CenturyLink’s approved change requests requiring
additional trench depth or width and for unforeseen conditions, including but not limited
to dewatering for ground water. CenturyLink 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. CenturyLink agrees to pay the entire cost of any claims
made by the contractor for damages that are proximately caused by CenturyLink. These
claims may include delays caused by the installation of CenturyLink facilities, delays
caused by CenturyLink providing materials, or any other conflicts between the Contractor
and CenturyLink or any of its contractors.
4.6 Vaults. CenturyLink 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 CenturyLink’s vaults will be finalized after completion of construction to
account for actual construction costs.
JOINT TRENCH AGREEMENT– Page 4 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
4.7 Invoice. CenturyLink shall pay the City within sixty (60) days of submittal by the
City of an itemized billing for CenturyLink’s proportionate share of all actual, identified
expenses incurred by the City or the Contractor in constructing the Trench.
4.8 Defective or Unauthorized Work. Per the terms of the agreement between the
City and Contractor, CenturyLink reserves the right to withhold payment from 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
CenturyLink’s approval. If for any reason it is necessary to satisfactorily complete any
portion of the work, CenturyLink may complete the work using its own means.
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.
CenturyLink shall submit any changes requested to be performed by the Contractor to the
City. The City shall submit this to the Contractor, obtain a price from the Contractor to perform
the work, and notify CenturyLink of this price. CenturyLink shall then have 24 hours from the
time it receives the price from the City to respond. If CenturyLink chooses not to accept the
Contractor’s price, then this work shall only be performed by CenturyLink according to a
mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, its officers, officials,
employees 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 CenturyLink 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 CenturyLink 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, its
JOINT TRENCH AGREEMENT– Page 5 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
officials, employees and agents, a party’s liability hereunder shall be only to the extent of the
party’s negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
shall promptly, at its own expense, take such action as may be necessary to duly discharge any
lien created by it on the property of another.
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 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) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thirty (30) days' written notice first provided
to the City, via certified mail, and ten (10) days' notice for nonpayment of premium. If
the insurance is canceled or materially altered so as to be out of compliance with the
requirements of this subsection within the term of this contract, Contractor shall provide a
replacement policy. Contractor agrees to maintain continuous uninterrupted insurance
coverage, in at least the amounts required, for the duration of this contract.
JOINT TRENCH AGREEMENT– Page 6 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
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 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 CenturyLink 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 CenturyLink, and expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, CenturyLink’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 CenturyLink’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 be considered as a basis for future undergrounding
projects that may be franchise-required.
JOINT TRENCH AGREEMENT– Page 7 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
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 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
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 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.
JOINT TRENCH AGREEMENT– Page 8 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
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.
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.
JOINT TRENCH AGREEMENT– Page 9 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CENTURYLINK CITY OF KENT
Print Name: ______ Print Name:
Title: ____________ Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CENTURYLINK CITY OF KENT
CenturyLink City of Kent
23315 66th Ave S 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
Attn: Alex Harb Attn: Chad Bieren
(206) 345-4476 (Desk) (253) 856-5534 (Desk)
(253) 831-0395 (Cell) (253) 856-6500 (Fax)
With a copy to: APPROVED AS TO FORM:
CenturyLink
23315 66th Ave. S.
Kent, WA 98032
Attention: Jason Tesdal Kent Law Department
JOINT TRENCH AGREEMENT– Page 10 of 9 (March 16, 2018)
(between City of Kent and CenturyLink Re: S. 218th Street)
Exhibit A
S. 218th Street Plan Sheet
Gost Summary Table
Revision 31912018
General Gontractors--BlD COSTS
2l Bth
TotalCosts
Totals 13,274 $64,607 4,957 ,838
Notes:
- Costs are based on shared trench cost between trench participants.
Centurylink pays for the percentage of total number of conduits---Ex COMCAST 2 conduits total B lS 25%
Centurylink share lN NON SCHEDULE 74 WORK lS BASED ON NUMBER OF UTILITIES lN TRENCH)
See pages Sand 6.
- City pays 100o/o lor PSE power's trench cost per schedule 74.
- City pays 40o/o for PSE vault and conduit work (conversion cost) per schedule 74.
C:\Users\wwakefield\AppData\Local\Microsoft\Windows\Temporary lnternet Files\Content.Outlook\RND8M07F\Centurylink2l Bth JUT Revised Mar 9
3129120182:23 PM Cost.xls
Trenchinq
Vault and Conduit
lnstallation
Engineering Design,
Coordination and
lnspection Total Balance Due
PSE GAS $o $o $o $0
PSE Power $364,007 $364,007
Century Link $140,416 $37,005 $8,567 $185,988
Comcast $108,851 $27,602 $6,390 ç'142,843
2
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Agenda Item: Consent Calendar – 8E_
TO: City Council
DATE: April 17, 2018
SUBJECT: Contract Amendment with AECOM for Upper Mill Creek Dam – Authorize
SUMMARY: AECOM, an Engineering consulting firm, was selected to perform
engineering services for this project and has completed the majority of the design
work. Permitting the dam endeavor has proven difficult and time consuming, taking
over two years to accomplish. As a result of the permitting process, numerous
changes were required to meet requirements.
Permits required include a Corps of Engineers permit, a Washington State Department
of Fisheries permit, a State Department of Ecology permit for the dam raising and
consultation with the Muckleshoot Indian Nation.
After many exchanges over the past year, we believe we are ready to finalize the
design, and hopefully obtain the permits in time for construction commencement this
summer. The proposed contract amendment addresses costs that will be incurred to
finish the design based on comments from permitting agencies.
EXHIBITS: Amendment No. 2
RECOMMENDED BY: Public Works Committee
YEA: Troutner, Fincher, Higgins NAY:
BUDGET IMPACT: This project is included in the Drainage Master Plan and the
Drainage Capital 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.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Authorize the Mayor to sign a contract amendment with AECOM
for engineering services in the amount of $107,452.51, for the completion
of the design of the Upper Mill Creek Dam project, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
This page intentionally left blank.
AMENDMENT - 1 OF 2
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: AECOM Technical Services, Inc.
CONTRACT NAME & PROJECT NUMBER: Upper Mill Creek Dam Improvements
ORIGINAL AGREEMENT DATE: August 30, 2017
This Amendment is made between the City and the above-referenced Consultant or
Vendor and amends the original Agreement and all prior Amendments. All other provisions of
the original Agreement or prior Amendments not inconsistent with this Amendment shall remain
in full force and effect. For valuable consideration and by mutual consent of the parties,
Consultant or Vendor’s work is modified as follows:
1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to
add additional work or revise existing work as follows:
In addition to work required under the original Agreement and any
prior Amendments, the Consultant or Vendor shall:
Continue to provide design engineering services for the project.
For a description, see the Consultant's Scope of Work which is
attached as Exhibit A and incorporated by this reference.
2. The contract amount and time for performance provisions of Section II “Time of
Completion,” and Section III, “Compensation,” are modified as follows:
Original Contract Sum,
including applicable WSST
$114,554.18
Net Change by Previous Amendments
including applicable WSST
$0
Current Contract Amount
including all previous amendments
$114,554.18
Current Amendment Sum $107,452.51
Applicable WSST Tax on this
Amendment
$0
Revised Contract Sum $222,006.69
AMENDMENT - 2 OF 2
Original Time for Completion
(insert date)
12/31/17
Revised Time for Completion under
prior Amendments
(insert date)
12/31/18
Add’l Days Required (±) for this
Amendment
0 calendar days
Revised Time for Completion
(insert date)
12/31/18
The Consultant or Vendor accepts all requirements of this Amendment by signing below,
by its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or
affected by this Amendment, including, without limitation, claims related to contract time,
contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless
otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the
guarantee and warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any),
and this Amendment, prior to the effective date of this Amendment, are hereby ratified and
affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment
shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
(title)
DATE:
APPROVED AS TO FORM:
(applicable if Mayor’s signature required)
Kent Law Department
AECOM - Upper Mill Crk Dam 2 Amd 2/Lincoln
Exhibit A
PROFESSIONAL ENGINEERING SERVICES
UPPER MILL CREEK DAM IMPROVEMENTS
SGOPE OF WORK
March 22,2018
The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood
capacity of Upper Mill Creek storage facilities was reviewed. "High" priority was assigned to
these facilities because flooding of these structures may cause risks to public safety, major
roadway transportation, emergency vehicle access, the business community, and water quality.
Under this scope, AECOM will assist the City with remaining design elements in order to receive
the dam safety permit and prepare "Ready to Advertise' (RTA) drawings and specifications.
PROJECT WORK ELEMENTS
The following tasks are included in the scope of work:
. Task I - Project Management. Task 10 - Bid Set Completion
Task I - Project Management
Project activities will be coordinated and directed with the goal of completing all work within
budget and schedule and meeting City objectives and expectations. Coordination and liaison
with the City will be biweekly to ensure that the objectives are met. Two (2) in-person
coordination meetings are anticipated, one at midpoint and the final review meeting.
Prior to starting work on any activities outlined within this Task, AECOM will request a notice-to-
proceed from Kent, and Kent will provide this notice to AECOM before work can begin.
Progress, schedule, and budget will be monitored weekly. AECOM will provide Kent a set of
progress Plans and Specification every two weeks, so that Kent can verify that the work is
progressing accurately and efficiently. lnvoices will be generated every four weeks. Monthly
progress reports will be provided summarizing work completed during the performance period
and showing used and available budgets.
AECOM will conduct in-house quality control reviews and independent technical reviews for all
deliverables prior to submittal to the City. All review comments will be documented and
addressed.
Work includes project management scope and budget through the completion of the final RTA
bid package. The scope does not include engineering services during the bid, award, and
construction phases of the project.
Deliverables:
. Monthly status reports/invoices
Exhibit A
Task l0 - Bid Set Completion
Work associated with this task includes revisions to drawings and specifications to a "RTA"
condition and associated activities as described below.
Prior to starting work on any activities outlined within this Task, AECOM will request a notice-to-
proceed from Kent, and Kent will provide this notice to AECOM before work can begin.
Task 10.1 - Revise documents to address City requests and comments and to provide a
package to the Dam Safety Office (DSO) for review. The scope of work includes the following
subtasks:
1. Respond to additional review comments provided December 15,2017.
2. Provide design for removable guardrails on north side of Fish Ladder (Sections A, B & C,
Sheet S14).
3. Provide grating/walkway and removable guardrails along fish screen entrance to
Diversion Structure (Sheet 513, Section C on Sheet S15 and Sheet M08).
4. Design new wall downstream of Fish Ladder to retain ramp (Sheet S13 and Section E on
Sheet S16).
5. Revise lmpact Stilling Basin configuration to eliminate need for additional ROW to the
West of 104th. Revise hydraulic analysis for DSO review. (Sheets 506, SO9, & S18).
6. Revise lmpact Stilling Basin design to lower it for improved sightlines on roadway (Sheet
S09 and 518).
7. Add HDPE closure between slide gate and trash rack at entrance to Fish Ladder (Detail
1, Sheet M04).
8. Provide Debris Cage Lid with access door (Detail 1, Sheet M02).
9. Provide guidance for demolition plans (C drawings) and add notes on S drawings as
appropriate.
Task 10.2 - Respond to Outstanding Comments
1. Specification of a seal (Sheet S07 and Note 1 on Sheet S0B).
2. Respond to comments regarding Waterman Gate and actuator coordination.
3. Respond to City comments from drawing set submitted to DSO in February 2018
4. Finalize CommenUResponse form.
Task 10.3 - Complete Bid Set - Civil Drawings (City)
1. Review and comment on City's General and Civil drawings for consistency with S and M
drawings.
Task 10.4 - Complete Bid Set - Structural Drawings
1. Modify for consistency with updated Civil and Metal drawings.
a. Revise S01 to include special inspections and other DSO requirements for
inspections.
2. Complete incorporation of City comments.
2
Exhibit A
Task 10.5 - Complete Bid Set - Metal Drawings
1. Make the following revisions to the Debris Cage as requested by the City
a. Add interior and exterior WISHA compliant ladders with 24" wide interior ladder to
accommodate ladder ups. Enlarge opening and Debris Cage as needed to
accommodate ladders, however keep Debris Cage size to fit within existing concrete
slab footprint.
b. Add removable guardrails around the top of the Debris Cage. Provide theft deterrent
connection for removable guardrails using unique bolt heads.
c. Revise lid to be comprised of removable grating and hinged grating to serve as an
access hatch at the interior ladder. Revise framing at the top of the Debris Cage.
Coordinate with City to determine location of hinged grating and swing direction.
2. Complete calculations for Debris Cage and organize the structural calculation package
including the calculations for the DSO changes.
Task 10.6 - Complete Bid Set - Electrical Drawings
1. Review and modify Electrical Drawings for consistency with updated S and M drawings
Task 10.7 - Complete Bid Set - Specifications
1. Update specifications to address comments and incorporate changes as needed for
consistency with updated S and M drawings.
2. Special inspections required by DSO for the MSE dam and structural elements shall be
listed in the specifications.
3. Assume City to format and incorporate with City front end portion of the specifications.
Task 10.8 - Complete Bid Set - Cost Estimate
1. Update quantities to reflect changes to lmpact Stilling Basin, grates, guardrails, and
retaining wall at the Diversion Structure.
2. Update estimated construction costs.
Task 10.9 - Review City Responses to Dam Safety Comments
1. Per City direction, assume that City will address outstanding administrative comments
and DSO requirements. Scope limited to reviewing City's responses.
Task 10.10 - lnternalQuality Review
1. Perform an lndependent internal Quality Review of the final bid set package and
document the review process to veriff that all comments are satisfactorily addressed.
Task 10.1 1 -Bid Package Review Conferences
1. Participate in midpoint meeting with City to review progress bid set drawing and
specification package.
2. Participate in meeting with City to review final bid set drawing and specification package
-t
Exhibit A
Task 1 0.12 - Respond to City Comments from Review Conferences
1. Respond to new City comments from the progress and final review meetings. One set of
new, combined comments from the City are assumed after each meeting. Comments are
assumed to be minor in nature, with no additional design required.
Task 10.13 - Finalize Ready to Advertise Package
1. Address and incorporate final minor comments from City.
2. Update title blocks, stamps and signatures.
3. Assume PDF copy will be sufficient for City and wet-signed hard copy not required
4. Print and provide final bid set drawings for submittal to DSO.
Deliverables:
. Final Ready to Advertise Package - Drawings and Specifications
. Full size printed hard copy drawings for DSO
. Complete Final Design package to DSO
ESTIMATED SCHEDULE
The following table summarizes the estimated schedule for completing the remaining work to
deliver the Final RTA Package to the City. The schedule is based on an assumed receipt of
Notice to Proceed, and assumes that final comments from the City will be provided in a timely
manner as indicated. Based on these assumptions, the tentative date for Advertising for bids is
May 28,2018.
Milestone Date
Notice to Proceed April9,2018 (assumed)
Progress Drawings and Specifications to
Citv April 23 (14 days after NTP)
Midpoint Progress Review Conference
and City Proqress Comments to AECOM
April 30 (7 days following delivery of Progress
Set)
Final Drawing and Specifications to City May 7 (7 days after conference/comments)
Final Review Conference and City Final
Review Comments
May 14 (7 days following delivery of Final
Drawinqs and Specifications)
Response to Final City Comments May 21 (7 days after receipt of comments)
Final Ready to Advertise Package May 24 (10 days after receipt of comments)
Advertise for Bids May 28 (tentative)
4
EXHIBIT A
UPPER MILL CREEK DAM IMPROVEMENTS
BUDGET ESTIMATE
For: City of Kent Public Works Department
By: AECOM
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Subtotal - Task 01000 20 $2.725.00
10000 FinalBid Set
Task 10.1 - Complete DSO document review set 17 10 141 10 22 36 2 4 l8 64 5 329 $s2,814.65
Task 10.2 - Respond to outstandinq comments 4 I 4 4 20 $3,273.56
Task '10.3 - Complete Bid Set - Review Citv Drawinqs 2 2 4 2 2 12 $2.099.28
Task 10.4 - Comolete Bid Set - Structural 2 12 2 b 14 36 s 5.634.96
Task 10.5 - Complete Bid Set - Metal 4 2 16 14 36 $5,454.96
Task 10.6 - Complete Bid Set - Electrical I 2 4 4 I 2 21 $3,565.'18
Task '10.7 - Comolete Bid Set - Specifications 4 2 I 8 I 2 2 34 s 5.979.28
Task '10.8 - Complete Bid Set - Cost Estimate 2 2 4 4 4 6 22 $3.240.34
Task '10.9 - Review Citv Responses to DSO Comments 2 4 6 $'1,065.00
Task 10.10 - lnternal Qualitv Review 4 4 24 32 $6.490.00
Task 10.11 - Proqress and Final Drawinq Review Conference 4 8 4 4 8 28 $4.791.72
Task 10.12 - Respond to City Comments on Progress & Final Bid
Packaoe 2 2 I 4 4 2 I 30 $4,962.68
Task '10.'l 3 - Finalize Readv to Advertise Packaoe 2 2 4 2 2 2 2 16 4 36 $5,155.90
Direct Costs $200.00
Subtotal - Task 10000 642 $104.727.51
Total 34 21 22 210 14 68 4 84 6 14 28 138 '19 662 s '1o7.452.51
3t22t2018 Page 1 of '1
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Agenda Item: Consent Calendar – 8F_
TO: City Council
DATE: April 17, 2018
SUBJECT: Document Routing System – Information Technology Consultant
Services, Robert Half International – Authorize
SUMMARY: Business analysis services are needed for the Information Technology
(IT) department to assist with developing workflow processes for the Document
Routing System project and other City department workflow automation projects. This
agreement provides for the Business Analyst to capture current and future state
workflows, risks, issues and related mitigation plans for business systems and
processes.
The business analysis services that are currently in progress are for the PCR Process
Mapping, Payroll, Multimedia Ticketing System and Employee Lifecycle workflow
automation. Total expended to date in the amount of $35,305. The business analysis
services will continue with these projects.
The IT department would like Robert Half International to provided services through
August 31, 2018, or until the sum of $110,000 allocated for this contract is expended,
whichever is sooner.
EXHIBITS: Agreement
RECOMMENDED BY: Operations Committee
YEA: Boyce and Troutner NAY:
BUDGET IMPACT: Funding for this system was approved in the City’s 2017 -2018
Capital Biennial 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.
MOTION: Recommend Council authorize the Mayor to approve an extension
of the City’s contract with Robert Half International to provide business
analysis services necessary to assist the City’s Information Technology
Department with active projects in a total amount not to exceed $110,000,
subject to final terms and conditions acceptable to the Information
Technology Director, and the City Attorney.
This page intentionally left blank.
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Robert Half International Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Robert Half International Inc. dba Robert Half Technology organized under the laws of the
State of Delaware, located and doing business at 600 Union Street, Suite 4300, Seattle, WA 98101, (800)
793-5533 (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:
Perform all business analyst services necessary to assist the City’s Information Technology
Department in any of the active projects. Consultant shall provide high quality, customer
focused services. Specifically, Consultant's duties include without limitation the following:
• Identify, coordinate, document, and plan necessary business analysis activities related
to the Document Routing System project and any other IT identified projects;
• Establish best practices for staff to utilize with a focus on open and transparent
communication and socialization;
• Lead City staff in developing and adopting processes through coaching, mentoring,
partnering, and hands-on training;
• Collaborate with City staff to deliver current and future state process by applying Lean
methodologies;
• Lead the following activities as they relate to conversion process within the City: Lean
process documentation, agile leadership, research analysis, business process analysis,
usability testing, process improvement/Lean facilitation, functional/non-functional
business requirements analysis and management, organizational change
management, implementation coordination, usability analysis, testing, training, user
acceptance coordination and post implementation support.
• Analyze and document the current state business processes and workflows associated
with the City.
• Facilitate and create documentation as it relates to the assigned projects:
o Context diagrams, value stream maps, business process flows, soluti on
requirements specifications, use cases, user stories, prototypes,
recommnedation document, charter development, data source to target map,
design documentation, user accpetance criteria, user acceptance test plan, and
vendor demonstation scenarious.
• Recommend to the Director of Information Technology how to best solve the business
needs of the related Service Areas including options, risks, and impact to systems and
business processes.
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 August 31, 2018.
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$110,000, for the services described in this Agreement. This is the maximum amount to be
paid under this Agreement for the work described in Section I above, and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be invoiced at a rate of $115.00 per hour and, if applicable, overtime will be billed
at 1.0 times that rate. Consultant will submit either an electronic time record or a time sheet
for verification and approval at the end of each week.
B. The Consultant shall submit weekly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of t his Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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 un der 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 SERVICES AGREEMENT - 3
(Over $20,000)
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment rel ates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connec tion with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
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 indemni fication clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all re asonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B 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 Ci ty 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 Ac t
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.
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,
tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non -assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documen ts are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
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.
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:
Robert Half Technology
600 Union Street, Suite 4300
Seattle, WA 98101
(800) 793-5533 (telephone)
None (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
ITA@kentwa.gov
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-4600 (telephone)
(253) 856-4700 (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: _________________________________________
Agenda Item: Consent Calendar – 8G_
TO: City Council
DATE: April 17, 2018
SUBJECT: Document Routing System – Information Technology Consultant
Services, Prime Team Partners – Authorize
SUMMARY: Business analysis services are needed for the Information Technology
(IT) department to assist with developing workflow processes for the Document
Routing System project and other City department workflow automation projects. This
agreement provides for the Business Analyst to capture current and future state
workflows, risks, issues and related mitigation plans for business systems and
processes.
The business analysis services that are currently in progress are for the Accounts
Payable, Justice and Information Technology Procurement and Contract Management
workflow automation. Total expended to date in the amount of $53,190. The business
analysis services will continue with these projects.
The IT department would like Prime Team Partners to continue providing services
under its contract with the City through December 31, 2018, or until the additional
sum of $190,000 allocated for this contract amendment is expended, whichever is
sooner.
EXHIBITS: Agreement
RECOMMENDED BY: Operations Committee
YEA: Boyce and Troutner NAY:
BUDGET IMPACT:Funding for this system was approved in the City’s 2017 -2018
Capital Biennial 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.
MOTION: Authorize the Mayor to sign an extension of the City’s contract
with Prime Team Partners to provide business analysis services necessary
to assist the City’s Information Technology Department with active
projects through December 31, 2018, in an amount not to exceed
$190,000, subject to final terms and conditions acceptable to the
Information Technology Director, and the City Attorney.
This page intentionally left blank.
AMENDMENT - 1 OF 2
AMENDMENT NO. 2
NAME OF CONSULTANT OR VENDOR: Prime Team Partners, Inc.
CONTRACT NAME & PROJECT NUMBER: Business Analyst Services
ORIGINAL AGREEMENT DATE: 11/6/17
This Amendment is made between the City and the above-referenced Consultant or Vendor
and amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Consultant or
Vendor’s work is modified as follows:
1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to add
additional work or revise existing work as follows:
In addition to work required under the original Agreement and any prior
Amendments, the Consultant or Vendor shall:
Perform additional hours of work, at the same rate provided for in the
Agreement and Amendment 1 until the additional funds authorized
under this Amendment are fully expended or December 31, 2018,
whichever occurs first.
2. The contract amount and time for performance provisions of Section II “Time of
Completion,” and Section III, “Compensation,” are modified as follows:
Original Contract Sum,
including applicable WSST
$20,000.00
Net Change by Previous Amendments
including applicable WSST
$20,000.00
Current Contract Amount
including all previous amendments
$40,000.00
Current Amendment Sum $190,000.00
Applicable WSST Tax on this
Amendment
N/A
Revised Contract Sum $230,000.00
AMENDMENT - 2 OF 2
Original Time for Completion
(insert date)
Until $20,000 limit was met,
which was 12/29/17
Revised Time for Completion under
prior Amendments
(insert date)
Until additional $20,000 limit
was met, which was 2/2/18
Add’l Days Required (±) for this
Amendment
332 calendar days
Revised Time for Completion
(insert date)
12/31/18
The Consultant or Vendor accepts all requirements of this Amendment by signing below, by
its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or affected
by this Amendment, including, without limitation, claims related to contract time, contract
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and
warranty provisions of the original Agreement.
The Agreement and its previous Amendment are reinstated and all acts consistent with the
authority of the Agreement, the previous Amendments, and this Amendment, prior to the effective
date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement,
previous the Amendment, and this Amendment shall be deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name:
Its
(title)
DATE:
APPROVED AS TO FORM:
(applicable if Mayor’s signature required)
Kent Law Department
[In this field, you may enter the electronic filepath where the contract has been saved]
Agenda Item: Consent Calendar – 8H_
TO: City Council
DATE: April 17, 2018
SUBJECT: Park Place Bill of Sale – Accept
SUMMARY: Park Place is located at 100th Ave SE, Parcel Numbers 192205, -9348, -
9349.
A. Watermains:
o Together with a total of 3 gate valves at $930.00 each, 1 hydrant at
$3,400.00 and/or any other appurtenances on S.E. 244th Street from
100th Avenue S.E. to 98th Avenue S.E.
o Including 947 linear feet at $45.00 per linear foot of 8” ductile iron
Waterline. Including 8 linear feet at $38.00 per linear foot of 6” ductile
iron Waterline.
B. Sanitary Sewers:
o Together with a total of 8 manholes at $3,100.00 each and with a total of
17 cleanouts at $135.00 each and/or any other appurtenances on S.E.
244th Street from 100th Avenue S.E. to South 242nd Place.
o Including 745 linear feet at $35.00 per linear foot of 8” PVC SDR35
Sewerline and including 303 linear feet at $43 per linear foot of 8” C900
Sewer line.
C. New Streets:
o Together with curbs, gutters, sidewalks, and/or any other appurtenances
on S.E. 244th Street from 100th Avenue S.E. to 99th Avenue S.E.
Improvement Number of Units Amount
Concrete vertical curb and gutter 994 linear feet $12.50 per LF
Concrete rolled curb and gutter 250 linear feet $16.00 per LF
Concrete vertical curb at island 110 linear feet $22.00 per LF
Concrete rolled curb at island 80 linear feet $18.00 per LF
Driveway entrance and aprons 304 square yards $29.00 per SY
Concrete sidewalk 480 square yards $24 per SY
Concrete handicap ramps 2 units $750 per EA
MOTION: Authorize Council to accept the Bill of Sale from Harbour Homes
LLC for the Park Place project as detailed in items A, B, C, D, E, and F.
D. Frontage Improvements:
o Together with lights, trees, landscaping (except residential streets)
and/or any other appurtenances on S.E. 244th Street from 100th Avenue
S.E. to 99th Avenue S.E.
Improvement Number of
units
Amount
Street signs 18 $260.00 per
Frontage street lights 1 $4000.00 per
Internal site street lights 5 $3600.00 per
Mailbox Kiosk 2 $1800.00 per
E. Storm Sewers:
Improvement Number of
units
Amount
Type 2-60” catch basin 1 $5,250.00 each
Type 2-48” catch basins 6 $2,850.00 each
Type 1L catch basin 1 $1,050.00 each
Type 1 catch basins 8 $1,000.00 each
Yard Basins 17 $489.00 each
c.i.p concrete retaining wall 378 linear feet $49,500 total
cost
Detention pond storage 76,877 cubic
feet
$42,000 total
cost
F. Storm Sewers, Continued:
o On SE 244th Street from 100th Avenue S.E. to 99th Avenue S.E.
Improvement Number of
units
Amount
12” PVC SDR35 1,073 linear feet $29.00 per LF
12” PVC SDR21 61 linear feet $36.00 per LF
18” PVC SDR35 94 linear feet $46.00 per LF
18” DI 64 linear feet $74.00 per LF
EXHIBITS: Bill of Sale
RECOMMENDED BY: Public Works Director
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
/& (-*z'
uE?7/MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN:
KENT 22o - 4rH nvENUE sourH
KENT, WASHINGTON 98032WasHtHcrrtlH
ON
(street, easement, etc.)
sE. 244th sr.
ON
(street, easement, etc.)
sE. 244th ST.
Project:
Permit #
Location
Parcel #1 0??nq
100th Ave SE. Kent.A
3 -g?4R -s?4q
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this 7TH day of JULY 2015, by and between Harbour Homes LLC, hereinafter
called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter
called "Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements :
A. WATERMAINS:
Together with a total of 3 gate valves at $ 93O each, t hydrants at g 3r4OO each and/or any other
a ppu rtenances thereto.
FROM
100th Ave. SE
TO
98th Ave. SE
Including 947 linear feet at 945 per LF of 8" DI Waterline
Including 8 linear feet at 938 per LF of 6" DI Waterline
B. SANITARY SEWERS:
Together with a total of 8 manholes at $3r1OO each and/or any other appurtenances thereto
Together with a total of 17 cleanouts at $135 each and/or any other appurtenances thereto.
FROM
1OOth Ave. SE.
TO
s.242nd PL.
Including 745 linear feet at 935 per LF of 8" PVC SDR35 Sewerline
Including 3O3 linear feet at 943 per LF of 8" CSOO Sewerline
'-{ n c I u din E-S72iinea rtuet-ag2o-pe rLFof€"-P\tesD RS f sewer-serv'rces;-'
Bill of Sale
1of5
l1
f,c-
C. NEW STREETS:
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON
(street, easement, etc,)
sE. 244th ST.
Including 994 linear feet at $ 12.50
Including 25O linear feet at $ 16.00
Including 110 linear feet at $ 22.OO
Including 8O linear feet at $ 18.OO
Including 3O4 square yards at $ 29.OO
Including 48O square yards at $ 24.00
Including 2 units at $ 75O.OO
Including 18 at $ 25O
Includingl at$4OOO
Including5 at$360O
Including2 at$1800
ON
(street, easement, etc.)
sE. 244th ST,
Including 1O73 linear feet at $ 29.OO
Including 61 linear feet at $ 36.0O
Including 94 linear feet at $ 46.00
Bill of Sale
2of5
FROM
100th Ave. SE
per of street signs
per of frontage street lights
per of internal site street lights
per of mailbox kiosk
FROM
100th Ave. SE
per LF of concrete vertical curb and gutter
per LF of concrete rolled curb and gutter
per LF of concrete vertical curb at island
per LF of concrete rolled curb at island
per SY of driveway entrance and aprons
per LF of concrete sidewalk
per EA of concrete handicap ramps
TO
99th Ave. SE.
D. FRONTAGE IMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
SE. 244th ST. 1O0th Ave. SE. 99th Ave. SE.
E. STORM SEWERS:
Together with a total of O manholes at g each,
of 1 - Type 2-6O" catch basins at g 51250 each,
I d/learoe 2-48" catch basins at g 2,850 each,
total of 1 - Type 1L catch basins at g 1,O5O each,
total of 8 - Type 1 catch basins at g I,OOO each,
total of L7 yard basins at $ 489 each,
total of O LF of biofiltration swale or drainage ditch with a total cost of g ,
total of 378 LF of c.i,p. concrete retaining wall with a total cost of g 49rSOO,
total of 76,877 cubic feet of detention pond storage with a total cost of $ 42pOO, and/or any other
appurtenances thereto.
TO
99th Ave, SE
per LF of t2" PVC SDR35,
per LF of L2" PVC SDR21,
per LF of 18" PVC SDR35,
)
)
Including 54 linear feet at $ 74.00 per LF of 18" DI,
tr neludingJ4O4inearfeet-at-f tt8-O
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of ,20 _.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of ,20 _.
STATE OF WASHINGTON
COUNTY OF KING
On this day of , 20 _ , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn/ personally
appeared to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
Bill of Sale
3of5
ss
)
)
)
20 _.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
STATE OF WASHINGTON
COUNTY OF KING
On this day of , 20 _, before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
respectively of
the that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the
Bill of Sale
4ofS
ss
)
)
)
and
20
of
KENT
WrsntHGT0H
ENGIN EER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for
dated
project
, for the same said
project.the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and
is an employee of DR STRONG CONSULTING ENGINEERS , the firm responsible for
the preparation of the record drawings.
Signature
( Engineer sta mp requ ired)
Bill of Sale
5of5
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Agenda Item: Consent Calendar – 8I_
TO: City Council
DATE: April 17, 2018
SUBJECT: Appointment to Parks and Recreation Commission - Confirm
SUMMARY: Confirm appointment of Barry Fretwell to the Kent Parks & Recreation
Commission to fill a recent vacancy for the remainder of a four-year term that will
expire October 31, 2019.
Barry Fretwell resides on Kent’s East Hill and has enjoyed living in Kent for the past
22 years. Formerly employed at the city of Kent in Parks & Recreation, Barry brings a
wealth of knowledge not only of the city’s Parks & Recreation department, but of the
city and its inner workings. Barry in his tenure at the city worked with a team to
develop recreation programs and activities for youth, as well as working with special
populations, seniors, Kent School District and many city and county agencies in the
region. His experience working with a wide array of agencies and programs make
Barry well suited as a new member of the Kent Parks & Recreation Commission and I
am pleased to recommend him for appointment to the Parks & Recreation Commission
to fill a recent vacancy.
RECOMMENDED BY: Mayor Ralph
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.
☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense
of belonging.
MOTION: Confirm Mayor Ralph’s appointment of Barry Fretwell to the Kent
Parks and Recreation Commission to fill a vacancy for the remainder of a
four-year term that expires October 31, 2019.
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OTHER BUSINESS
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BIDS
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
ADJOURNMENT