HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 03/19/2018
Unless otherwise noted, the Public Committee meets at 4 p.m. on the first and third Monday of each
month in Kent City Hall, Council Chambers East, 220 Fourth Ave S, Kent, WA 98032. For additional
information, contact Cheryl Viseth via email at cviseth@KentWA.gov, or 253-856-5504.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 1-800-833-6388.
Public Works Committee Agenda
Councilmembers: Brenda FincherToni TroutnerDennis Higgins, Chair
Director: Timothy J. LaPorte, P.E.
March 19, 2018
4:00 p.m.
Item Description Action Speaker Time Page
1. Call to Order -- Chair 01 --
2. Roll Call -- Chair 01 --
3. Changes to the Agenda -- Chair 01 --
4. March 5, 2018 Minutes - Approval YES None 03 03
5. S 228th St UPRR Grade Separation Project
Reimbursement Agreement with AT&T -
Recommend
YES Mark Madfai 05 07
6. S 228th St UPRR Grade Separation Project Joint
Utility Trench Agreements with Comcast, Zayo
and Puget Sound Energy - Recommend
YES Mark Madfai 05 17
7. S 228th St UPRR Grade Separation Project Facility
Relocation Agreement with PSE – Recommend
YES Mark Madfai 05 49
8. Contract with Gray and Osborne for the
Cambridge Reservoir Project - Recommend
YES Paul Kuehne 05 61
9. Upper Mill Creek Dam Consultant Services
Contract Amendment with AECOM – Recommend
YES Alex Murillo 10 79
10. Info Only/Preliminary Flood Map Open House
March 21, 2018
NO Alex Murillo 15 81
11. Info Only/132nd Ave SE Phase 1 - Update NO Drew Holcomb 10 85
12. Info Only/S 228th Corridor UPRR Overpass Right-
of-Way Update
No Tim LaPorte 05 87
13. Info Only/Quiet Zone – Update NO Chad Bieren 10 89
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PUBLIC WORKS COMMITTEE March 5, 2018
Minutes City of Kent, WA
Summary Minutes
Date: March 5, 2018
Time: 4:00 p.m.
Place: Chambers East
1. Call to Order: The meeting was called to order at 4:02 p.m. by Committee
member Higgins.
2. Roll Call: Dennis Higgins, Committee Chair and Committee members Brenda
Fincher and Toni Troutner were present.
Absent: None
3. Changes to the Agenda: No changes
4. Approval of Minutes, Dated February 26 2017
Committee member Troutner MOVED to approve the Minutes of February 26,
2017. The motion was SECONDED by Committee member Fincher. The motion
PASSED 3-0.
5. Water Facility Agreement - Kent, Covington Water District and Cedar River
Sewer and Water District – Recommend
Sean Bauer, Water System Manager noted where the Clark Springs watershed is located and
that the City entered into an agreement with Covington Water District and Cedar River Water
and Sewer District (‘Districts’) in 1992 that allowed the Districts to own and operate a water
transmission line through the Clark Spring Watershed located under Kent Kangley Road. The
agreement would renew the original agreement with a fifteen (15) year term.
Bauer stated that with the proposed agreement, the Districts would continue to operate and
maintain their existing infrastructure. In addition, the Districts are agreeing to protect Kent’s
Clark Springs Watershed and source aquifer recharge area from any impacts of their
operations.
Committee member Fincher MOVED to recommend Council authorize the Mayor
to sign a Water Facility Agreement between the City of Kent, Covington Water
District and Cedar River Sewer & Water District, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. The motion
was SECONDED by Committee member Troutner. The motion PASSED 3-0.
6. Contract with Jacobs Engineering Group for the Green River Natural
Resources Area South Pump Station – Recommend
Alex Murillo, Environmental Supervisor noted the project would collect stormwater from
existing channels that drain the area near Hogan Park and pump it to the Green River. An
existing outfall is located near the Public Works Operations facility and would be utilized as
the discharge point.
3
This consultant services agreement with Jacobs Engineering Group, Inc. includes
completion of design plans and specifications including geotechnical engineering and
locating existing underground utilities.
Committee member Troutner MOVED to recommend Council authorize the Mayor
to sign a Consultant Services Agreement with Jacobs Engineering Group, Inc. in
an amount not to exceed $360,800.00 for engineering services on the Green
River Natural Resources Area South Stormwater Pump Station, subject to final
terms and conditions acceptable to the City Attorney and Public Works Director.
The motion was SECONDED by Committee member Fincher. The motion PASSED
3-0.
7. Traffic Signal Warehouse Lease Agreement - Authorize
Kelly Peterson, Transportation Manager noted that the Transportation Division has leased
warehouse space for the traffic signal technicians at the Plemmons Industrial Park on
Central Avenue since 2006. The current lease expires at the end of May 2018. The traffic
signal technicians use the warehouse space to store equipment and parts for the traffic
signal system and test and repair controllers and other electronic devices. There is no
room in existing city-owned facilities to house these operations.
The new lease term would be from June 1, 2018 through May 31, 2021.
Committee member Fincher MOVED to authorize the Mayor to sign all necessary
documents to lease warehouse space for 36 months at the Plemmons Industrial
Park for traffic signal system storage and workspace, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. The motion
was SECONDED by Committee member Troutner. The motion PASSED 3-0.
8. Information Only/Environmental Stewardship at Millennium Elementary,
Spring Recycling Event and Curbside Cleanup
Tony Donati, Assistant Conservation Specialist introduced Hannah and Eli, two 2nd graders
from Millennium Elementary school and their teacher Maylene Sui. They shared their
schools mission to increase Environmental Stewardship. Donati noted that Millennium
Elementary School held a school-wide assembly on February 16, organized by 2nd grade
teacher Maylene Siu and her students. Students learned about recycling, with everyone
pledging to recycle at home and at school. Participants received one of our popular
recycling bags to make the job easy. Students also learned the importance of putting
litter in the can, instead of on the ground, with a fun song performed by the 2nd graders.
Donati noted that staff will use the lessons learned at Millennium Elementary to inspire
other schools in our area to take on recycling and other stewardship efforts. The
messages students learn at school will likely make it home, to increase recycling there as
well.
Spring Recycling Event - Saturday, March 17, 9 am-3 pm at Hogan Park at Russell
Road - We’ll be accepting appliances, tires, bulky yard debris, Styrofoam & reusable
household goods. The event will be funded by the King County Waste Reduction and
Recycling Grant and the Local Hazardous Waste Management Program Grant.
Spring Curbside Cleanup – April 2 – 13, 2018
Residents can place up to ten, 32-gallon units of extra garbage and yard waste at the curb
at no additional charge, but only on their normal yard waste collection day.
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9. 2018 Additional Road Repair Work
Bill Thomas, Street and Vegetation Manager gave an informative PowerPoint presentation
on the current state of our roadways and the need for grind and inlay repairs at various
locations throughout Kent.
10. Information Only/Sanitary Sewer Update
Rob Lovell, Sewer Field Supervisor gave an informative PowerPoint presentation showing
some of the successes and challenges the Sewer Department experiences while operating
and maintaining Kent’s 216 miles of sanitary sewer pipes and 7 pump stations.
11. Information Only/S. 228th Street Right-of-Way Update
Tim LaPorte, Public Works Director, noted that since last week’s update there are only 3
properties from which we still need to obtain right of way. LaPorte noted that until all
properties have signed, we are unable to bid the project.
12. Information Only/Quiet Zone Update
Chad Bieren, Deputy Public Works Director / City Engineer said that he is slated to talk
with the Utilities and Transportation Commission (UTC) on Thursday regarding the need
for LED lights and what our stance is.
Adjournment: At 5:45 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth,
Committee Secretary
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Mark Madfai P.E., Design Engineering Supervisor
SUBJECT: South 228th Street UPRR Grade Separation Project Reimbursement Agreement
with AT&T - Recommend
SUMMARY: AT&T has temporarily relocated its facilities to accommodate the construction
of the 228th Street overpass project. They have requested the City install new conduit for
future placement of their facilities in the new overpass and bridge. This reimbursment
agreement will allow the City to be reimbursed for the design and construction costs to install
the new conduit with the City’s project.
EXHIBITS: Reimbursement Agreement with AT&T
BUDGET IMPACT: All costs associated with AT&T will be reimbursed to the City, by AT&T.
STRATEGIC PLAN GOAL(S):
☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
MOTION: Move to recommend Council authorize the Mayor to sign a
Reimbursement Agreement with AT&T for the South 228th Street UPRR
Grade Separation Project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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REIMBURSEMENT AGREEMENT
This Reimbursement Agreement ("Agreement") is between the City of Kent, a
washington municipal corporation ('oCify"), and AT&T Corp., a New york corporation
("AT&T").
RECITALS
A.
"Project").
The City is making right-of-way improvements to S. 228th Street (the
B. The Project requires AT&T to relocate its authorized undelground facilities
that are currently in conflict with this project, pursuant to RCW 35.99.060.
C. AT&T has requested that its facilities be relocated under the sidewalk and
across the bridge the City plans to build as part of the Project and has agreed to reimburse the
city for the design and construction costs associated with the New Facilities.
AGREEMf,NT
The City and AT&T therefore agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with a
Contractor for the construction of a grade separation between the UPRR tracks and S. 228th
Street which will include new conduit installation under the sidewalk and across the bridge
for AT&T ("New Facilities").
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work is refened to as "the
Contractot' in this Agreement. The Contractor, pursuant to a contract with the City, will be
responsible for constructing the New Facilities. The City represents that any such contract
shall further require that the Contractor's work be performed in a good and workmanlike
manner consistent with industry standards and conducted in conformity with (i) the
applicable procedures and requirements of the parties as described herein; (ii) all applicable
laws, ordinances and regulations of any governmental authority, and; (iii) all applicable terms
and provisions of the National Electric Safety Code, as may be amended, supplemented or
replaced from time to time, including but not limited to those pertaining to protection and
separation ofconductors buried in earth.
JOINT TRENCH AGREEMENT-Page I of8
(between City of Kent ctnd A'I'&7' Ile: S. 228tt' Str.eet)
(December 6,2017)
9
3.RESPONSIBILITY OF THE PARTIES
3.1 AT&T Coordination.
(a) The Contractor will provide, install and proof conduit for AT&T on the
bridge and sidewalk according to the contract plans. AT&T shall maintain continued
coordination with the Contractor regarding the installation of the New Facilities.
(b) For any work that AT&T performs independently fi'om the Contractor's work
on the Relocated Facilities, AT&T shall coordinate closely with the City and the Contractor
to ensure this work will not conflict with the Contractor's work on the Project. AT&T shall
pay any claims for additional compensation made by the Contractor resulting from conflicts
with AT&T's independent work in accordance with Section 4.3 of this Agreement.
3.2 Title to Facilities. All rights, title and interest in the facilities and associated
equipment shall at all times remain with AT&T.
4. REIMBURSEMENT AND PAYMENT
4.1 Design and Construction Costs. AT&T shall reimburse the City for all final
and actual costs incurred by the City to design and construct the New Facilities on the new
bridge and sidewalk ("Actual Design and Construction Costs"). Preliminary costs will be
agreed upon prior to construction based on an estimate from the bid accepted by the City.
Costs will be finalized after completion of construction to account for all final and actual
design and construction costs.
4.2 Additional Expenses. AT&T agrees to pay additional expenses incurred due
to all AT&T's approved change requests for any reason.
4.3 Claims by Contractor. AT&T agrees to pay the entire cost of any claims
made by the Contractor for damages that are proximately caused by AT&T. These claims
may include any conflicts between the Contractor and AT&T or any of its contractors.
4.4 Invoice. AT&T shall pay the City within 45 days of submittal by the City of
an itemized billing for the Actual Construction Costs and any additional change request
expenses as set forth in this Section 4.
4.5 Defective or Unauthorized llork.
(a) Per the terms of the agreement between the City and Contractor, AT&T
reserves the right to withhold payment to the City for any defective or unauthorized work
performed by the Contractor. Defective or unauthorized work includes, without limitation:
work and materials that do not conform to the requirements of this Agreement, and extra
work and materials furnished without AT&T's approval.
JOINT TRENCH AGREEMENT- Page 2 of 8
(belween City of Kent antl AT &7' I?e: S. 22{' Sueet)
(December 6,2017)
10
(b) Before withholding payment to the City, AT&T shall provide written notice
to the City of any work it believes to be defective or unauthorized. Upon receipt of written
notice, the City shall be afforded 60 days to correct any work it agrees is defective or
unauthorized.
4.6 Final Payment/llaiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the Contractor, except those previously and properly
made and identified by the Contractor as authorized and unsettled at the time request for final
payment is made.
5. CHANGES.
AT&T shall submit any changes requested to be performed by the Contractor to the
City. The City shall submit this to the Contractor; obtain a price from the Contractor to
perform the work, and notify AT&T of this price. AT&T shall then have 24 hours from the
time it receives the price from the City, within which to respond.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnifu and hold the other party, its officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the
performance of the party's work required under this Agreement, except for injuries and
damages caused by the negligence or willful misconduct of the other party.
The indemnification from AT&T to the City shall include all claims, injuries,
damages, losses or suits from third parlies arising out of the fact that the specific portion of
the trench at issue was being made available to AT&T by the contractor, except for injuries
and damages caused by the negligence or willful misconduct of the City.
Should a couft of competent jurisdiction determine that this Agreement is subject to
RrCW 4.24.115, then, in the event of liability for damages arising out.of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
parties, its officials, employees and agents, a parfy's liability hereunder shall be only to the
extent of the party's negligence. The provisions of this section shall survive the expiration or
termination of this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of
another, or on the rights or title relating thereto, or any interest therein, or in this Agreement.
Each party shall promptly,at its own expense, take such action as may be necessary to duly
discharge any lien created by it on the property ofanother.
JOINT TRENCH AGREEMENT-Page 3 of 8
(between City of Kent and A7'&T I?e: S, 228tt' Street)
(December 6,2017)
11
7. INSURANCE.
7.l The Contractor shall maintain in full force and effect at its own cost insurance
of the types and in the amounts described below against claims for injuries to persons or
damage to propefty which may arise from or in connection with the performance of the work
by the contractor, its agents, representative, employees, sub consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five
million dollars ($5,000,000.00) per occuffence and five million dollars ($5,000,000.00)
general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01
l/96 or its equivalent and include severability of interests. Coverage shall include, but not be
limited to: blanket contractual, Products/Completed operations/broad form property damage;
explosion, collapse and undetground (XCU); and employers liability. Such insurance shall
name the City, its officers, officials and employees and AT&T as additional insureds per ISO
CG 2026 or its equivalent. There shall be a waiver of subrogation and rights of recovery
against the City, its officers, officials and employees and AT&T. Coverage shall apply as to
claims between insureds on the policy, if applicable. Coverage may take the form of a
primary layer and a secondaty or umbrella layer, but the combination of layers must equal
S5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined single
limits of one million dollars ($1,000,000.00) each occurrence with respect to each of
Contractor's owned, hired and non-owned vehicles assigned to or used in the operation of
this contract in the City. The policy shall contain a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thifty (30) days'wriften notice first provided to
the City, via certified mail, and ten (10) days' notice for nonpayment of premium. If the
insurance is canceled or materially altered so as to be out of compliance with the
requirements of this subsection within the term of this contract, Contractor shall provide a
replacement policy. Contractor agrees to maintain continuous uninterrupted insurance
coverage, in at least the amounts required, for the duration of this contract.
7.2 Deductibles / Certificate of Insurance. Any deductible of the policies shall
not in any way limit Contractor's liability to the City.
7.3 Endorsements. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and agents
and AT&T are to be covered as, and have the rights of additional insureds with respect to
liability arising out of activities performed by, or on behalf of Contractor under this contract;
(b) Contractor's insurance coverage shall be primary insurance with respect to
the City, its officers, officials, boards, commissions, employees and agents and AT&T. Any
insurance or self-insurance maintained by AT&T or the City, its officers, officials, boards,
commissions, employees and agents shall be in excess of the Contractor's insurance and shall
not contribute to it; and
JOINT TRENCH AGREEMENT-Page 4 of 8
(between City of Kent an(t A7'&1' Ile: S. 228il' Str.eet)
(December 6,2017)
12
(c) Contractor's insurance shall apply separately to each insured against whom a
claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be
placed with insurers with a Best's rating of no less than "A VII."
7.5 Verification of Coverage. The Contractor shall furnish the City with
certificates of insurance and endorsements or a copy of the page of the policy reflecting
blanket additional insured status. The certificates and endorsements for each insurance
policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements for each insurance policy are to be on standard forms or
such forms as are consistent with standard industry practices.
8. MISCELLANEOUS.
8.1 Compliance with Lows. The parties shall comply with all federal, state and
local laws, rules and regulations throughout every aspect in the performance of this
Agreement.
8.2 Nornvaiver of Breach. The failure of a party to insist upon strict performance
of any of the terms and rights contained herein, or to exercise any option herein conferred in
one or more instances, shall not be constructed to be a waiver or relinquishment of those
terms and rights and they shall remain in full force and effect
8.3 Governing Lau,. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the
parties or between any party and the contractor under any of the provisions of this
Agreement, resolution of that dispute shall be available only through the jurisdiction, venue
and rules of the King County Superior Court, King County, Washington.
8.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240,in any
claim or lawsuit for damages arising from the parties' performance of this Agreement, each
party shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit a
party's right to indemnification under Section 8 of this Agreement.
8.5 Written Notice. All communications regarding this Agreement shall be sent
to the parties at the addresses listed on the signature page of this Agreement, unless otherwise
notified. Any written notice shall become effective upon delivery, but in any event three (3)
calendar days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated on this Agreement.
8.6 Modification. No waiver, alteration, or modificatioq of any of the provisions
of this Agreement shall be binding unless in writing and signed by a duly authorized
representative of each of the affected parties.
JOINT TRENCH AGREEMENT- Page 5 of 8
(between City o.f Kent and A7'&7' Ile: S. 228tt' Slreet)
(December 6,2017)
13
8.7 Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this Agreement and the remainder shall remain in full force and
effect.
8.8 Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or paftnership is created by this Agreement. No party shall (i) have the
power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense
whatsoever of another.
8.9 Force Majeure. A party will not be in breach of this Agreement if unable to
perform its respective obligations as a result of the occunence of an event of o'force majeure,"
which shall include, but not be limited to, acts of God, acts of the govemment of the United
States or of any state or political subdivision thereof; strikes, civil riots or disturbances, fire,
floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar
catastrophes or other causes beyond the parties' reasonable control. The scope ofevents of
force majeure shall not extend to payment of money owed hereunder.
8.10 Entire Agreement. The written provisions and terms of this Agreement,
together with any attached Exhibits, supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part of or
altering in any manner this agreement. This Agreement and any attached Exhibits contain
the entire Agreement between the parties. Should any language in any Exhibit to this
Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.AT&T CITY OF KENT
//;,1 tw.*p,.*-
Print Name: { lvrn $ llie.hqrf .an
Titl
DA
NOTICES TO BE SENT TO:
AT&T
AT&T
3450 Riverwood Parkway SE, Rm. 162
Atlanta, GA 30339
Print Name:
Title:
DATE:-
NOTICES TO BE SENT TO:
CITY OF KENT
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Chad Bieren
(253) 856-s534 (Desk)
(253) 856-6500 (Fax)
e:
JOINT TRENCH AGREEMENT-Page 6 of8
(between City of Kent and AT&7' Ile : S. 228tt' Street)
(December 6,2017)
14
With a oopy to:
AT&T
tlz/+l WillowsRdNE, Suite 130
Redmond, WA 98052
(42s)896-9830
APPROVED AS TO FORM:
Kent Law Deparfrnent
UA]*
JOINT TRENCH AGREEMENT-Page 7 of8
(between City of Kent and AT&T Re: S. 22dh Steeg
@ecember 6,2017)
15
Exhibit A
AT &T 2'' CONDTIIT PIPEI22STH GRADE SEPERATION
CONDUIT
2 iuch Diaureter l5oucluit $
CONDUIT
s 90.000
l07o Engineerilg & Corrstnrctiou Mauageureut $9.000
12% Conthgency $r0.800
sl
lLF--l
S le.soo I
fS rog"80o l
JOINT TRENCH AGREEMENT-Page 8 of 8
(between City of Kent and AT&T Re: S. 22dt' Street)
(December 6,2017)
16
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Mark Madfai P.E., Design Engineering Supervisor
SUBJECT: South 228th Street UPRR Grade Separation Project Joint Utility Trench
Agreements with Comcast, Zayo and Puget Sound Energy - Recommend
SUMMARY: Century Link, Comcast, Zayo, and Puget Sound Energy (PSE) Gas and Power
will need to relocate their facilities to accommodate construction of the South 228th Street
Union Pacific Railroad (UPRR) Grade Separation project. Currently, these facilities lie
underground and are in conflict with future improvements along South 228th Street on the
east side of the UP railroad tracks. Comcast, Zayo and PSE Gas will participate in a joint
utility trench that the City’s contractor will construct as part of the overall project.
Constructing these improvements as part of a city public works contract ensures the timely
relocation of utilities and minimizes utility conflicts during construction of other
improvements. This arrangement reduces the risk of change orders due to utilities, which can
be significant. Each utility will pay its proportionate share of costs to complete the relocation
of its facilities.
Last year many of these utility companies relocated their facilities on the west side of the UP
railroad tracks from above ground poles to underground. They participated in a joint utility
trench that the City’s contractor constructed on the west side of the tracks.
EXHIBITS: Joint Utility Trench Agreements
BUDGET IMPACT: All costs will be reimbursed by the utilities to the City.
STRATEGIC PLAN GOAL(S):
☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
MOTION: Move to recommend Council authorize the Mayor to sign Joint
Utility Trench Agreements with Comcast, Zayo and Puget Sound Energy
for the South 228th Street UPRR Grade Separation Project, subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
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18
JOINT TRENCH AGREEMENT
Between the City of Kent and Comcast
fOT thc S.228th St. GRADE SEPARATION AT THE UNION PACIFIC RAILROAD_
(Union Pacific Railroad to 72d Ave S)
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation ("City"), and Comcast of Washington, Inc., a Washington corporation ("Comcast").
RECITALS
WHEREAS, the City is making right-of-way improvements to S. 228th Sfeet, and
WHEREAS, it is the City's belief that pursuant to local ordinance and the franchise
agreement between the City and Comcast dated May 4, 1993 and the Franchise Clarification
Agreement dated May 5,2004 and under State law, these right-of-way improvements require
Comcast to relocate their facilities that are currently in conflict with this project, and
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with a
Contractor for the construction of a joint utility trench which shall include Comcast, Zayo, and
PSE gas facilities (the "Trench"). This joint utility trench will be placed along the north side of
S. 228th Street, between the Union Pacific Railroad and 72"d Ave S.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
"the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City, will be
responsible for constructing the trench and installing Comcast, Zayo, and PSE gas facilities;
accommodating and coordinating the installation of PSE facilities; installing the bedding
material, backfilling and compacting the Trench; and performing any restoration required by the
City. The City represents that any such contract shall further require that the Contractor's work
be performed in a good and workmanlike manner consistent with industry standards and
conducted in conformity with (i) the applicable procedures and requirements of the parties as
described herein; (ii) all applicable laws, ordinances and regulations of any governmental
authority, and; (iii) all applicable terms and provisions of the National Electric Safety Code, as
JOINT TRENCH AGREEMENT- Page I of 10
(between City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
19
may be amended, supplemented or replaced from time to time, including but not limited to those
pertaining to protection and separation ofconductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. Comcast shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for the
underground relocation of Comcast's facilities. The drawings shall show in detail the location
and elevation of the conduits, Trench, and vaults.
3.2 Provision of Conduit and Vaults. Comcast shall provide conduit for installation
by the Contractor in the Trench and shall furnish and deliver all vaults to the site for installation
by the Contractor. Comcast shall schedule all deliveries in a timely manner as outlined in
Section 3.4, so as not to delay the Contractor.
3.3 Trffic Control. The Contractor shall perform all traffic control associated with
installation of facilities within the Trench. Comcast shall be responsible for providing traffic
control during installation of facilities not located within the Trench. Comcast shall submit a
general traffic control plan for these installations.
3.4 Comcost Coordination.
(a) The Contractor will install Comcast's conduit in the Trench and in the street
crossings. The Contractor will excavate for and place Comcast vaults in the Trench including
bedding and backfill. Comcast shall maintain continued coordination with the Contractor
regarding the installation of Comcast's facilities and shall coordinate closely with the Contractor
to provide all necessary materials on-site in a timely manner; provided that Contractor shall
provide Comcast with at least ten (10) days prior notification for material delivery by Comcast.
(b) For any work that Comcast performs independently from the Contractor's work in
the Trench, Comcast shall coordinate closely with the City and the Contractor to ensure this
work will not conflict with the Contractor's work in the Trench. Comcast shall pay any claims
for additional compensation made by the Contractor resulting from conflicts with Comcast's
independent work in accordance with Section 4.5 of this Agreement.
3.5 Removal of Affected Facilities. Parties acknowledge and agree that Comcast
shall in no event be required to remove its respective, affected facilities, prior to completion of
its underground facilities, in accordance with this Agreement, as long as the installation is
completed in conformity with this Agreement.
3.6 Surveys. The City shall provide the survey for the location of the Trench and
vaults
JOINT TRENCH AGREEMENT- Page 2 of l0
(between City of Kent and Comcast Re: S. 228tt' Stree)
(January 16,2018)
20
3.7 Title to Facilities. All rights, title and interest in the facilities and associated
equipment shall at all times remain with Comcast.
4. COMPENSATION
4.1 Trench costs. Comcast shall pay the City a portion of the Trench costs,
commensurate with its proportionate share of Trench usage, including street crossings, as shown
in Exhibit B attached hereto and incorporated by this reference. Preliminary costs will be agreed
upon prior to construction based on an estimate from the bid accepted by the City. Costs will be
finalized after completion of construction to account for actual construction costs.
4.2 Survey. Comcast shall pay a proportionate share of costs to provide survey for
vault locations and elevations and any other survey that may be required to locate and place
Comcast facilities. These costs shall be based on a percentage of the construction costs.
4.3 Trffic Control. Comcast shall pay a proportionate share of traffic control costs
related to the construction of the Trench where Comcast facilities are included. The
proportionate share will be based on trench usage as shown in Exhibit B. Comcast shall pay for
all traffic control during the installation of Comcast facilities, not associated with the Trench.
4,4 Additional Expenses. Comcast agrees to pay its proportionate share of additional
.expenses incurred due to all Comcast's approved change requests requiring additional trench
depth or width and for unforeseen conditions, including but not limited to dewatering for ground
water. Comcast is not obligated to pay for any share of additional expenses incurred due solely
to approved change requests from other private utilities and/or the City.
4.5 Claims by Contractor. Comcast agrees to pay the entire cost of any claims made
by the Contractor that are proximately caused by Comcast. These claims may include delays
caused by the installation of Comcast facilities, delays caused by Comcast providing materials,
or any other conflicts between the Contractor and Comcast's contractor.
4.6 Vaults. Comcast agrees to pay for the excavation, site preparation, and
installation for their vaults, including bedding and backfill, separately and in addition to any
survey costs and Trench costs within this Section 4. These additional costs shall be preliminarily
determined from the bid price accepted by the City. The cost to excavate for and install
Comcast's vaults will be finalized after completion of construction to account for actual
construction costs.
4.7 Invoice. Comcast shall pay the City within sixty (60) days of submittal by the
City of an itemized billing for Comcast's proportionate share of all actual, identified expenses
incurred by the City or the Contractor in constructing ttre Trench as set forth in this Section 4.
4.8 Defective or Unauthorized Work.
JOINT TRENCH AGREEMENT- Page 3 of l0
(between City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
21
(a) Comcast reserves the right to withhold payment to the City for any defective or
unauthorized work performed by the Contractor. Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this
Agreement, and extra work and materials fumished without Comcast's approval.
(b) Before withholding payment to the City, Comcast shall provide written notice to
the City of any work it believes to be defective or unauthorized. Upon receipt of written notice,
the City shall be afforded 60 days to correct any work it agrees is defective or unauthorized. If
the City does not agree that the work is defective or unauthorized within 15 days of receipt of the
written notice, Comcast may correct or complete the work at its sole cost.
4.9 Final Payment/Waiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the Contractor, except those previously and properly made
and identified by the Contractor as unsettled at the time request for final payment is made.
5. CHANGES.
Comcast shall submit any changes requested to be performed by the City's Contractor to
the City. The City shall submit this to the Contractor; obtain a price from the Contractor to
perform the work, and notify Comcast of this price. Comcast shall then have 24 hours from the
time it receives the price from the City, within which to respond. If Comcast chooses not to
accept the Contractor's price then this work shall only be performed by Comcast according to a
mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees, contractors, subcontractors, representatives and agents harmless from any and all
claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of
or in connection with the performance of the party's work required under this Agreement, except
for injuries and damages caused by the negligence or willful misconduct of the other party.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
JOINT TRENCH AGREEMENT- Page 4 of 10
(betvveen City of Kent and Comcast Re: S. 228th Street)
(January 16,2018)
22
shall promptly, at its own expense, take such action as may be necessary to duly discharge any
lien created by it on the property of another.
7. INSURANCE.
7.1 The City's Contractor shall maintain in full force and effect at its own cost
insurance of the types and in the amounts described below against claims for injuries to persons
or damage to property which may arise from or in connection with the performance of the work
by the Contractor, its agents, representative, employees, sub consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five million
dollars ($5,000,000.00) per occurrence and five million dollars ($5,000,000.00) general
aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01 1/96 or its
equivalent and include severability of interests. Coverage shall include, but not be limited to:
blanket contractual, Products/Completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employers liability. Such insurance shall name the City,
its officers, officials and employees as additional insureds per ISO CG 2026 or its
equivalent. There shall be a waiver of subrogation and rights of recovery against the City, its
officers, officials and employees. Coverage shall apply as to claims between insureds on the
policy, if applicable. Coverage may take the form of a primary layer and a secondary or
umbrella layer, but the combination of layers must equal $5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined single
limits of one million dollars ($1,000,000.00) each occurrence with respect to each of
Contractor's owned, hired and non-owned vehicles assigned to or used in the operation of this
contract in the City. The policy shall contain a severability of interests provision.
(c) Workers' Compensation insurance with statutory limits as required in the state(s)
of operation; and providing coverage for any employee in connection with this Agreement, even
if not required by statute. Employer's Liability or "Stop Gap" insurance with limits of not less
than $1,000,000 each accident.
(d) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thirly (30) days' written notice first provided to the
City, via certified mail, and ten (10) days'notice for nonpayrnent of premium. If the insurance is
canceled or materially altered so as to be out of compliance with the requirements of this
subsection within the term of this contract, Contractor shall provide a replacement
policy. Contractor agrees to maintain continuous unintemrpted insurance coverage, in at least
the amounts required, for the duration of this contract.
7 .2 Deductibles / Certfficate of Insurance. Any deductible of the policies shall not in
any way limit Contractor's liability to the City.
JOINT TRENCH AGREEMENT- Page 5 of 10
(benveen City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
23
7.3 Endorsemenls. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and agents are to
be covered as, and have the rights of, additional insureds with respect to liability arising out of
activities performed by, or on behalf of, Contractor under this contract;
(b) Contractor's insurance coverage shall be primary insurance with respect to the
City, its officers, officials, boards, commissions, employees and agents. Any insurance or self-
insurance maintained by the City, its officers, officials, boards, commissions, employees and
agents shall be in excess of the Contractor's insurance and shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against whom a
claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be placed
with insurers with a Best's rating of no less than "A VII."
7.5 Verification of Coverage. The Contractor shall furnish the City with certificates
of insurance and endorsements or a copy of the page of the policy reflecting blanket additional
insured status. The certificates and endorsements for each insurance policy are to be signed by a
Person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on standard forms or such forms as are
consistent with standard industry practices.
8. F'RANCHISE AGREEMENT
The City and Comcast agree that as to future projects, by entering into this Agreement
neither party has waived any rights it may have under the existing franchise agreement between
the City and Comcast, and the City and Comcast expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, Comcast's participation in the joint
trench activity contemplated in this Agreement, and its very participation in this Agreement,
shall in no event be construed as acceptance, affirmation or ratification of the City's construction
of Comcast's obligation to underground their facilities and enter into a writing pursuant to the
franchise agreement, and parties understand and agree that the terms and conditions of this
Agreement shall not be considered as a basis for future undergrounding projects that may be
franchise-required.
9. MISCELLANEOUS
9.I Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the perforrnance of this Agreement.
JOINT TRENCH AGREEMENT- Page 6 of 10
(benueen City of Kent and Comcast Re: S. 228th Street)
(January 16,2018)
24
9.2 Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
9.3 Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises befween the parties or between
any party and the Contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
9.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall be responsible for payrnent of its own legal costs and attomey's fees incurred in defending
or bringing such claim or lawsuiq however, nothing in this subsection shall limit a party's right
to indemnification under Section 8 of this Agreement.
9.5 Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
9.6 Modificotion. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
ofeach ofthe affected parties.
9.7 Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
9.8 Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever
of another.
9.9 Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occurrence of an event
of "force majeure," which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots
or disturbances, flre, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other
similar catastrophes or other causes beyond the parties' reasonable control. The scope of events
of force majeure shall not extend to payment of money owed hereunder.
JOINT TRENCH AGREEMENT- Page 7 of 10
(between City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
25
9.10 Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
COMCAST CITY OF KENT
Print Name:Print Name:
Title llP l3inn nr ?
n1fln 2-lb-N DATE
NOTICES TO BE SENT TO:
Comcast
Comcast of Washineton. Inc.
1525 75th St Sw
Everett. WA 98203
Attn: Jerry Steele
(253\ 288-7432 (Desk)
Q06\391-1763 (Cell)
With a copy to:
Comcast
1701 JFK Boulevard
Philadelphia, PA 19103
Attention: General Counsel
JOINT TRENCH AGREEMENT Page 8 of 10
(between City of Kent and Comcast Re: S. 228tt' Street)
NOTICES TO BE SENT TO:
CITY OF KENT
Citv of Kent
220hurthAvenue South
Kent. WA 98032
Attn: Tim LaPorte
(253) 856-5534 (Desk)
(253) 856-6500 (Fax)
APPROVED AS TO FORM:
Kent Law Department
(January 16,2018)
26
Exhibit A
S. 228th Street East Joint Trench Agreement
76TH AVF S 4THAVE N
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lP LAI I lVr: LLC {CtrvNl:R}
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INTERURBAN TRAIL
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(]ITY OF' I(ENT
EN6IAEETINc I,ETAITHEts|
5. 228+h 5T, GRADE SEPARATION
AT THE UNION PACIFIC RAILROAD
EAST JOINT UTILITY TRENCH
iAE 'i,
IHTERURBAN TRAIL IO 76TH AVE 5 E'Hl,r
A
JOINT TRENCH AGREEMENT- Page 9 of 10
(between City of Kent and Comcast Re: S. 228tt' StreeQ
(January 16,2018)
27
1
EXHIBIT B
PROPORTIONATE SHARES
COMCAST COST FOR: (SHARING MAI[{ JOINT TRENCH COST, VAUI-TS, AND MINOR
TRENCHES FOR VAULTS CONNECTTONS)
ASSUMED 6OLF TRENCH FOR EACH VAULT CONNECTION.
ASSUMED THERE ARE 4 VAULTS WITH SAME SIZE AND PRICE IN THE WEST JOINT
TRENCH.
ItemNo Quan.Item Description Unit Unit
Price
Item
Amount
COMCAST TOTAL COST
I Joint Trench By Linear Foot EA
$
45,018
$
4i.018
6014 240 Joint Utility Trench (2.0 Ft. Wide, 3 Ft. Min. Cover)LF
$
60
S
14.400
6015 91
Crushed Surfacing Top Course, 5/8 Inch Minus Fol Trenches to Connect 4
Vaults and vaults Installation.TON
$
35
S
.t. I L\-l
6036 74 Sand for Conduits Beddine For Trenches to Connect 4 Vaults TON
$
35
s
2,587
6038 20 Foundation Material. Class I and II TON
$
35
S
(r83
605 l 4 Corncast - Vault Excavation and Installation (264-T A)EA
$
3,000
s
12,000
6056*r.722 Installaiton and Proofins of 4 Inch Diarneter Comcast Conduit LF
$
6
$
l0lt)
6115 16 Non- Woven Geotextile Fabric For Vault lnstallation SY
$
13
S
208
6155 *1,020 Shoring or Extra Excavation Class B SF
$
0.75
$
765
TOTAL SCHEDULE I
$
89,175
ENGINEERING & CONTINGENCY COST
20% Engineering & Construction Management
$
r7.835
10% Contineencv
s
8.91 8
l0% Sale Tax
$
8 918
TOTAL ENGTNEERING & CONTINGENCY COST
$
3s.670
TOTAL PROJECT CONSTRUCTION COST
$
124,845
JOINT TRENCH AGREEMENT* Page i0 of l0
(between City of Kent and Comcast Re: S. 228tt' Street)
(January 16,2018)
28
JOINT TRENCH AGREEMENT
Between the City of Kent and.Zayo
fOT thc S.228th St. GRADE SEPARATION AT THE UNION PACIFIC RAILROAD_
(Union Pacific Railroad to 76th Ave S)
This Agreement is between the City of Kent, a Washington municipal corporation
("City"), and Zay o Group, LLC, a Delaware corporation (" Zay o").
RECITALS
A. The City is making righrof-way improvements to S. 228thSheet.
B. These right-of-way improvements require Zayo to relocate its authorized
underground facilities that are currently in conflict with this project, pursuant to RCW 35.99.060.
C. Relocation of these facilities requires trenching within the righrof-way and the
parties recognize the efficiencies of entering into an agreement to dig one trench in which all
parties will relocate their facilities.
AGREEMENT
To facilitate construction of a joint ffench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with a
Conffactor for the consffuction of a joint utility trench ("Trench") which may include Comcast,
Verizon, Zayo, PSE power and PSE gas facilities. This Trench will be located along the north
side of S. 228th Street, between the Union Pacific Railroad and 76u Ave S as referenced in the
plan sheet attached as Exhibit A and incorporated by this reference.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
"the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City, shall
excavate the trench and install Comcast, Zayo, Verizon, PSE power and PSE gas facilities,
accommodate and coordinate the installation of Zayo facilities, install the bedding material,
backfill and compact the trench, and perform any restoration required by the City, all to be
performed in a good and workmanlike manner consistent with industry standards. The City
represents that any such contract shall further require of contractor that the work be conducted in
conformity with (i) the applicable procedures and requirements of the parties as described herein;
(ii) all applicable laws, ordinances and regulations of any governmental authority, and; (iii) all
applicable terms and provisions of the National Electric Safety Code, as may be amended,
JOINTTRENCHAGREEMENT-Page I of l0
(between City of Kent and Zayo Re: S. 22th Street)
(January 25,2018)
29
supplemented or replaced from time to time, including but not limited to those pertaining to
protection and separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. Zayo shall provide engineering drawings, specifications, construction
standards, estimated material quantities, and cost estimates to the City for the underground
relocation of Zayo's facilities. The drawings shall show in detail the location and elevation of
the conduits, trench, and vaults.
3.2 Provision of Conduit and Vaults. Zayo shall provide conduit for installation by
the Contractor in the Trench and shall furnish and deliver all vaults to the site for installation by
the Contractor. Zayo shall schedule all deliveries in a timely manner as outlined in Section 3.4,
so as not to delay the Contractor.
3.3 Trffic Control. The Contractor shall perform all traffic control associated with
installation of facilities within the Trench. Zayo shall be responsible for providing traffic control
during installation of facilities not located within the Trench. Zayo shall submit a general traffic
control plan for these installations.
3.4 Zayo Coordination
(a) The Conhactor will install Zayo's conduit in the Trench and in the sheet
crossings. The Contractor will excavate for and place Zayo vaults in the Trench including
bedding and backfill. Zayo shall maintain continued coordination with the Contractor regarding
the installation of Zayo's facilities and shall coordinate closely with the Contractor to provide all
necessary materials on-site in a timely manner.
(b) For any work that Zayo performs independently from the Contractor's work in the
Trench, shall coordinate closely with the City and the Contractor to ensure this work will not
conflict with the Contractor's work in the Trench. Zayo shall pay any claims for additional
compensation made by the Contractor resulting from conflicts with Zayo's independent work in
accordance with Section 4.5 of this Agrecment.
3.5 Removal of Affected Facilities. Parties acknowledge and agree thatZayo shall in
no event be required to remove its respective, affected facilities, prior to completion of its
underground facilities, in accordance with this Agreement, as long as the installation is
completed in conformity with this Agreement.
3.6 Surveys. The City shall provide the survey for the location of the Trench and
vaults.
JOINT TRENCH AGREEMENT- Page 2 of l0
(between City of Kent and Zayo Re; 5. 22th Street)
(January 25,2018)
30
3.7 Title to Facilities. All rights, title and interest in the facilities and associated
equipment shall at all times remain withZayo.
4. COMPENSATION
4.1 Trench costs. Zayo shall pay the City a portion of the Trench costs,
commensurate with its proportionate share of Trench usage, including street crossings as shown
in Exhibit B attached hereto and incorporated by this reference. Preliminary costs will be agreed
upon prior to construction based on an estimate from the bid accepted by the City. Costs will be
finalized after completion of construction to account for actual construction costs.
4.2 Survey. Zayo shall pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate and
place Zayo facilities.
4.3 Traffic Control. Zayo shall pay a proportionate share of traffic control costs
related to the construction of the Trench where Zayo facilities are included. The proportionate
share will be based on trench usage as shown in Exhibit B. Zayo shall pay for all traffic control
during the installation of zayo facilities, not associated with the Trench.
4.4 Additional Expenses. Zayo agrees to pay the additional expenses incurred due to
all Zayo's approved change requests requiring additional trench depth or width and for
unforeseen conditions, including but not limited to dewatering for ground water. Zayo is not
obligated to pay for additional expenses incurred due solely to approved change requests from
other private utilities and/or the City.
4.5 Claims by Contractor. Zayo agrees to pay the entire cost of any claims made by
the contractor for damages that are proximately caused by Zayo. These claims may include
delays caused by the installation of Zayo facilities, delays caused by Zayo providing materials, or
any other conflicts between the Contractor and Zayo or any of its contractors.
4.6 Vaults. Zayo agrees to pay for the excavation, site preparation, and installation of
its vaults, including bedding and backfill, separately and in addition to any survey costs and
Trench costs discussed above. These additional costs shall be preliminarily determined from the
bid price accepted by the City. The cost to excavate for and install Zayo's vaults will be
finalized after completion of construction to account for actual construction costs.
4.7 Invoice. Zayo shall pay the City within sixty (60) days of submittal by the City of
an itemized billing for Zayo's proportionate share of all actual, identified expenses incurred by
the City or the Contractor in constructing the Trench as set forth in this Section 4.4.8 Defective or Unauthorized Work.
JOINT TRENCH AGREEMENT- Page 3 of l0
(between City of Kent and Zayo Re S. 228th Street)
(January 25,2018\
31
(a) Per the terms of the agreement between the City and Contractor, Zayo reserves
the right to withhold payment to the City for any defective or unauthorized work performed by
the Conhactor. Defective or unauthorized work includes, without limitation: work and materials
that do not conform to the requirements of this Agreement, and extra work and materials
furnished without Zayo's approval.
(b) Before withholding payment to the City, Zayo shall provide written notice to the
City of any work it believes to be defective or unauthorized. Upon receipt of written notice, the
City shall be afforded 60 days to correct any work it agrees is defective or unauthorized. If the
City does not agree that the work is defective or unauthorized within 15 days of receipt of the
written notice, Zayo may correct or complete the work at its sole cost.
4.9 Final Payment/I(aiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the Contractor, except those previously and properly made
and identified by the Contractor as unsettled at the time request for final payment is made.
5. CHANGES.
Zayo shall submit any changes requested to be performed by the Contractor to the City.
The City shall submit this to the Contractor; obtain a price from the Contractor to perform the
work, and notify Zayo of this price. Zayo shall then have 24 hours from the time it receives the
price from the City, within which to respond. lf Zayo chooses not to accept the Contractor's
price, then this work shall only be performed by Zayo according to a mutually agreed upon
schedule with the Contractor so as not to cause delay to the Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party's work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
The indemnification from Zayo to the City shall include all claims, injuries, damages,
losses or suits from third parties arising out of the fact that the specific portion of the trench at
issue was being made available to Zayo by the contractor, except for injuries and damages
caused by the negligence or willful misconduct of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party's liability hereunder shall be only to the extent of the
JOINT TRENCH AGREEMENT- Page 4 of l0
(between City of Kent and Zayo Re: S. 228th Street)
(January 25,2018)
32
party's negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
shall promptly, at its own expense, take such action as may be necessary to duly discharge any
lien created by it on the property of another.
7. INSURANCE.
7.l The Contractor shall maintain in full force and effect at its own cost insurance of
the types and in the amounts described below against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the work by the
contractor, its agents, representative, employees, sub consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five million
dollars ($5,000,000.00) per occurrence and five million dollars ($5,000,000.00) general
aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 0l l/96 or its
equivalent and include severability of interests. Coverage shall include, but not be limited to:
blanket contractual, Products/Completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employers liability. Such insurance shall name the City,
its officers, officials and employees as additional insureds per ISO CG 2026 or its equivalent.
There shall be a waiver of subrogation and rights of recovery against the City, its officers,
officials and employees. Coverage shall apply as to claims between insureds on the policy, if
applicable. Coverage may take the form of a primary layer and a secondary or umbrella layer,
but the combination of layers must equal $5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined single
limits of one million dollars ($1,000,000.00) each occurrence with respect to each of
Contractor's owned, hired and non-owned vehicles assigned to or used in the operation of this
contract in the City. The policy shall contain a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thirfy (30) days'written notice first provided to the
City, via certified mail, and ten (10) days' notice for nonpayment of premium. If the insurance is
canceled or materially altered so as to be out of compliance with the requirements of this
subsection within the term of this contract, Contractor shall provide a replacement policy.
Contractor agrees to maintain continuous unintemrpted insurance coverage, in at least the
amounts required, for the duration of this contract.
7.2 Deductibles / Certificate of Insurance. Any deductible of the policies shall not in
any way limit Contractor's liability to the City.
JOINT TRENCH AGREEMENT- Page 5 of l0
ftetuveen City of Kent and Zayo Re; 5. 228th Street)
(January 25,2018)
33
7.3 Endorsemenrs. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and agents are to
be covered as, and have the rights of, additional insureds with respect to liability arising out of
activities performed by, or on behalf of, Contractor under this contract;
O) Contractor's insurance coverage shall be primary insurance with respect to the
City, its officers, officials, boards, commissions, employees and agents. Any insurance or self-
insurance maintained by the City, its officers, officials, boards, commissions, employees and
agents shall be in excess of the Contractor's insurance and shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against whom a
claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be placed
with insurers with a Best's rating of no less than "A VlI."
7.5 Verification of Coverage. The Contractor shall furnish the City with certificates
of insurance and endorsements or a copy of the page of the policy reflecting blanket additional
insured status. The certificates and endorsements for each insurance policy are to be signed by a
Person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements for each insurance policy are to be on standard forms or such forms as are
consistent with standard industry practices.
8. FRANCHISE AGREEMENT.
The City and Zayo agree that as to future projects, by entering into this Agreement
neither party has waived any rights it may have under the existing franchise agreement between
The City and Zayo, and expressly herein reserve such rights. Notwithstanding anything in this
Agreement to the contrary, Zayo's participation in the joint trench activity contemplated in this
Agreement, and its very participation in this Agreement, shall in no event be construed as
acceptance, affirmation or ratification of the City's construction of Zayo's obligation to
underground its facilities and enter into a writing pursuant to the franchise agreement, and parties
understand and agree that the terms and conditions of this Agreement shall not control any future
undergrounding projects that may be required by the franchise.
9. MISCELLAI{EOUS.
9.1 Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the perforrnance of this Agreement.
9.2 Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
JOINT TRENCH AGREEMENT- Page 6 of l0
(between City of Kent and Zayo Re; 5. 228th Street)
(January 25,2018)
34
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
9.3 Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the parties or between
any party and the contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
9.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right
to indemnification under Section 8 of this Agreement.
9.5 Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
9.6 Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
ofeach ofthe affected parties.
9.7 Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
9.8 Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party shall (i) have the
power or authority to act for another in any manner to create obligations or debts which would be
binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of
another.
9.9 Force Majeure. A party will not be in breach of this Agreement if unable to
perform its respective obligations as a result of the occurrence of an event of "force majeure,"
which shall include, but not be limited to, acts of God, acts of the government of the United
States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire,
floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes
or other causes beyond the parties' reasonable control. The scope of events of force majeure
shall not extend to payment of money owed hereunder.
JOINT TRENCH AGREEMENT- Page 7 of l0
ftetween City of Kent and Zayo Re; 5. 228'h Street)
(January 25,2018)
35
9.10 Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
ZAYO GROUP, LLC CITY OF KENT
Print Name:
Title:
DATE DATE
NOTICES TO BE SENT TO:NOTICES TO BE SENT TO:
ZAYO GROUP, LLC CITY OF KENT
Citv of Kent
220 Forrrth Avenrr South
Seattle WA 98101 Kent,WA 9803 2
Attn: Scott Morrison Attn: Chad Bieren
Q06\ 596:7988 (Desk)(253) 856-ss 34 )
(253\ 441-0653 (Cell)(2s3) 8s5-5s00 )
With a copy to:
Zayo Group,LLC
1326 sth Avenue, Suite 305
Seattle, WA 98101
Attention: Joseph Morton
APPROVED AS TO FORM:
Kent Law Department
P:\civil\Filcs\opcn FilcsU238-2281h St.cct UPRR cBdc Scparationuoint Trcnch AgrccmcnrsuointTrcnch^g.emcnLirayo-sps w6t JUT DRAIT-!'INAL.doc
JOTNT TRENCH AGREEMENT- Pagc 8 of l0
(between City of Kent and Zayo Re: S. 228th Street)
(January 25,2018)
36
Exhibit A
S. 228th Street Joint Trench Agreement
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JOINT TRENCH AGREEMENT- Exhibit A
ftetween City of Kent and Zayo Re: S. 22th Street)
(January 25,2018)
37
Exhibit B
S. 228th Street Joint Trench Agreement
ZAYO mST FOR: (SHARING MAIN JOINT TRENCH COST, VAULTS, At{D MINORTRENCHES
FORVAULTS mNNECTIONS)
I I Joint Tr.rrh By Linca Foot EA $ 22,t09 j 22-5@
6038 7 Fornddion Material, Class I atd II TON $35 3 228
6100 630 Zaro - Ia*dlaitoa atrd Proofioc of il llch Diaoctr Coadtit LF $6 3 3.780
61 JJ J10 $\ri4g orExtra Ercavalioo Oass B SF 3 0.7J t 383
TOTAL SCEEDT'LE I $ 26-899
s 2.690
JOINT TRENCH AGREEMENT_ Exhibit B
(between City of Kent and Zayo Re: S. 228h Streer)
(January 25,2018)
38
JOINT TRENCH AGREEMENT
Between the City of Kent and Puget Sound Energy Gas
fOT thE S.228th St. GRADE SEPARATION AT THE UNION PACIFIC
RAILROAD-
(Union Pacific Railroad to76th Ave S)
This Agreement is between the City of Kent, a Washinglon municipal corporation
("City"), and Puget Sound Energy, a Washington corporation ("PSE").
RECITALS
A. The City is making right-of-way improvements to S. 228th Street.
B. These right-of-way improvements require PSE to relocate its authorized
underground facilities that are currently in conflict with this project, pursuant to RCW
35.99.060.
C. Relocation of these facilities requires trenching within the rightof-way
and the parties recognize the efficiencies of entering into an agreement to dig one trench
in which all parties will relocate their facilities.
AGRI,EMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with
a Contractor for the construction of a joint utility trench ("Trench") which may include
Comcast, Verizon, Zayo, PSE power and PSE gas facilities. This Trench will be located
along the north side of S. 228th Street, between the Union Pacific Railroad andT6tt' Ave S
as referenced in the plan sheet attached as Exhibit A and incorporated by this reference.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work is referred to as
"the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City,
will be responsible for constructing the Trench and installing Comcast, Yerizon, Zayo,
PSE power and PSE gas facilities; accommodating and coordinating the installation of
PSE facilities; installing the bedding material, backfilling and compacting the Trench;
and performing any restoration required by the City. The City represents that any such
contract shall further require that the Contractor's work be performed in a good and
workmanlike manner consistent with industry standards and conducted in conformity
JOINT TRENCH AGREEMENT-Page I of l0
(between City of Kent and PSE Gas Re: S. 228th Su'eet)
(January 26,2018)
39
with (i) the applicable procedures and requirements of the parties as described herein; (ii)
all applicable laws, ordinances and regulations of any governmental authority, and; (iii)
all applicable terms and provisions of the National Electric Safety Code, as may be
amended, supplemented or replaced from time to time, including but not limited to those
pertaining to protection and separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. PSE shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for
the underground relocation of PSE's facilities. The drawings shall show in detail the
location and elevation of the conduits, trench, and vaults.
3.2 Provision of Conduit and Vaults. PSE shall install its pipe in the Trench
and shall schedule all deliveries in a timely manner as outlined in Section 3.4, so as not to
delay the Contractor.
3.3 Traffic Control. The Contractor shallperform alltraffic controlassociated
with installation of facilities within the Trench. PSE shall be responsible for providing
traffic control during installation of facilities not located within the Trench. PSE shall
submit a general traffic control plan for these installations.
3.4 PSE Coordination.
(a) PSE shall maintain continued coordination with the Contractor regarding
the installation of PSE's facilities and shall coordinate closely with the Contractor to
provide alI necessary materials on-site in a timely manner.
(b) For any work that PSE performs independently from the Contractor's
work in the Trench, PSE shall coordinate closely with the City and the Contractor to
ensure this work will not conflict with the Contractor's work in the Trench. PSE shall
pay any claims for additional compensation made by the Contractor resulting from
conflicts with PSE's independent work in accordance with Section 4.5 of this Agreement.
3.5 Removal of Affected Facilities. Parties acknowledge and agree that PSE
shall in no event be required to remove its respective, affected facilities, prior to
completion of its underground facilities, in accordance with this Agreement, as long as
the installation is completed in conformity with this Agreement.
3.6 Surveys. The City shall provide the survey for the location of the Trench
and vaults.
3.7 Title to Facilities, All rights, title and interest in the facilities and
associated equipment shallat alltimes remain with PSE.
JOINT TRENCH AGREEMEN'|-Page 2 of l0
(between Cily of Kent and PSE Gas Re: S. 228th Street)
(January 26,2018)
40
4. COMPENSATION
4.1 Trench cosfs. PSE shall pay the City a portion of the Trench costs,
commensurate with its proportionate share of Trench usage, including street crossings, as
shown in Exhibit B attached hereto and incorporated by this reference. Preliminary costs
will be agreed upon prior to construction based on an estimate from the bid accepted by
the City. Costs will be finalized after completion of construction to account for actual
construction costs.
4.2 Survey. PSE shall pay the reasonable costs for the City surveyor's time to
provide vault locations and elevations and any other survey that may be required to locate
and place PSE facilities.
4.3 Trffic Control. PSE shallpay a proportionate share of traffic controlcosts
related to the construction of the Trench where PSE facilities are included. The
proportionate share will be based on trench usage as shown in Exhibit B. PSE shall pay
for all traffic control during the installation of PSE facilities, not associated with the
Trench.
4.4 Additional Expenses. PSE agrees to pay any expenses incurred due to all
PSE's approved change requests requiring additional trench depth or width and for
unforeseen conditions, including but not limited to dewatering for ground water. PSE is
not obligated to pay for additional expenses incured due solely to approved change
requests from other private utilities and/or the City.
4.5 Claims by Contracror. PSE agrees to pay the entire cost of any claims
made by the Contractor for damages that are proximately caused by PSE. These claims
may include delays caused by the installation of PSE facilities, delays caused by PSE
providing materials, or any other conflicts between the Contractor and PSE or any of its
contractors.
4.6 Vaults. PSE agrees to pay for the excavation, site preparation, and
installation of its vaults, including bedding and backfill, separately and in addition to any
survey costs and Trench costs discussed above. These additional costs shall be
preliminarily determined from the bid price accepted by the City. The cost to excavate
for and install PSE's vaults will be finalized after completion of construction to account
for actual construction costs.
4.7 Invoice. PSE shall pay the City within sixty (60) days of submittalby the
City of an itemized billing for PSE's proportionate share of all actual, identified expenses
incurred by the City or the Contractor in constructing the Trench as set forth in this
Section 4.
4.8 Defective or Unauthorized Work.
JOINT TRENCH AGREEMENT-Page 3 of l0
(between City of Kent and PSE Gas Re: S. 228th Street)
(January 26,2018)
41
(a) Per the terms of the agreement between the City and Contractor, PSE
reserves the right to withhold payment to the City for any defective or unauthorized work
performed by the Contractor. Defective or unauthorized work includes, without
limitation: work and materials that do not conform to the requirements of this Agreement,
and extra work and materials furnished without PSE's approval.
(b) Before withholding payment to the City, PSE shall provide written notice
to the City of any work it believes to be defective or unauthorized. Upon receipt of
written notice, the City shall be afforded (sixty) 60 days to correct any work it agrees is
defective or unauthorized. If the City does not agree that the work is defective or
unauthorized within (fifteen) l5 days of receipt of the written notice, PSE may correct or
complete the work at its sole cost.
4.9 Final Payment/Waiver of Claims. The making of final payment by the
parties shall constitute a waiver of claims by the Contractor, except those previously and
properly made and identified by the Contractor as unsettled at the time request for final
payment is made.
5. CHANGES.
PSE shall submit any changes requested to be performed by the Contractor to the
City. The City shall submit this to the Contractor; obtain a price from the Contractor to
perform the work, and notifu PSE of this price. PSE shall then have 24 hours from the
time it receives the price from the City, within which to respond. If PSE chooses not to
accept the Contractor's price then this work shall only be performed by PSE according to
a mutually agreed upon schedute with the Contractor so as not to cause delay to the
Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
6.1 Each party shall defend, indemnifu and hold the other party, their officers,
officials, employees and agents harmless from any and all claims, injuries, damages,
losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of the party's work required under this Agreement, except for
injuries and damages caused by the negligence or willful misconduct of the other party.
6.2 The indemnification from PSE to the City shall include all claims, injuries,
damages, losses or suits from third parties arising out of the fact that the specific portion
of the Trench at issue was being made available to PSE by the Contractor, except for
injuries and damages caused by the negligence or willful misconduct of the City.
JOINT TRENCH AGREEMENT-Page 4 of l0
(between City of Kent and PSE Gas Re: S. 228tt' Su'eet)
(January 26,2018)
42
6.3 Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the parties, their officials, employees and agents, a party's liability
hereunder shall be only to the extent of the party's negligence. The provisions of this
section shall survive the expiration or termination of this Agreement.
6.4 No party, directly or indirectly, shall create or impose any lien on the
property of another, or on the rights or title relating thereto, or any interest therein, or in
this Agreement. Each party shall promptly, at its own expense, take such action as may
be necessary to duly discharge any lien created by it on the property ofanother.
7. INSURANCE.
7.1 The Contractor shall maintain in full force and effect at its own cost
insurance of the types and in the amounts described below against claims for injuries to
persons or damage to property which may arise from or in connection with the
performance of the work by the Contractor, its agents, representative, employees, sub
consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five
million dollars ($5,000,000.00) per occuffence and five million dollars ($5,000,000.00)
general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 0l
1/96 or its equivalent and include severability of interests. Coverage shall include, but
not be limited to: blanket contractual, Products/Completed operations/broad form
property damage; explosion, collapse and underground (XCU); and employers liability.
Such insurance shall name the City, its officers, officials and employees as additional
insureds per ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and
rights of recovery against the City, its officers, officials and employees. Coverage shall
apply as to claims between insureds on the policy, if applicable. Coverage may take the
form of a primary layer and a secondary or umbrella layer, but the combination of layers
must equal $5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined
single limits of one million dollars ($1,000,000.00) each occurrence with respect to each
of Contractor's owned, hired and non-owned vehicles assigned to or used in the operation
of this contract in the Cify. The policy shall contain a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so ds to be out
of compliance with these requirements without thirty (30) days' written notice first
provided to the City, via certified mail, and ten (10) days' notice for nonpayment of
premium. If the insurance is canceled or materially altered so as to be out of compliance
with the requirements of this subsection within the term of this contract, Contractor shall
JOINT TRENCI-I AGREEMENT-Page 5 of l0
(between City of Kent and PSE Gas Re: S. 228th Street)
(January 26,2018)
43
provide a replacement policy. Contractor agrees to maintain continuous unintemupted
insurance coverage, in at least the amounts required, for the duration of this contract.
7.2 Deductibles / Certificate of Insurance. Any deductible of the policies
shall not in any way limit Contractor's liability to the City.
7.3 Endorsemenls. All policies shall contain, or shall be endorsed so that:
(a) The City, its officers, officials, boards, commissions, employees and
agents are to be covered as, and have the rights of, additional insureds with respect to
liability arising out of activities performed by, or on behalf of, Contractor under this
contract;
(b) Contractor's insurance coverage shall be primary insurance with respect to
the City, its officers, officials, boards, commissions, employees and agents. Any
insurance or self-insurance maintained by the City, its officers, officials, boards,
commissions, employees and agents shall be in excess of the Contractor's insurance and
shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against whom
a claim is made or lawsuit is brought, except with respect to the limits of the insurer's
liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be
placed with insurers with a Best's rating of no less than "A VII."
7.5 Verification of Coverage. The Contractor shall furnish the City with
certificates of insurance and endorsements or a copy of the page of the policy reflecting
blanket additional insured status. The certificates and endorsements for each insurance
policy are to be signed by a Person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements for each insurance policy are to be on standard
forms or such forms as are consistent with standard industry practices.
8. FRANCHISE AGREEMENT.
The City and PSE agree that as to future projects, by entering into this Agreement
neither party has waived any rights it may have under the existing franchise agreement
between the City and PSE, and the City and PSE expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, PSE's participation in the
joint trench activity contemplated in this Agreement, and its very participation in this
Agreement, shall in no event be construed as acceptance, affirmation or ratification of the
City's construction of PSE's obligation to underground their facilities and enter into a
writing pursuant to the franchise agreement, and parties understand and agree that the
terms and conditions of this Agreement shall not control any future undergrounding
projects that may be required by the franchise.
JOINT TRENCH AGREEMENT-Page 6 of l0
(between City of Kent and PSE Gas Re: S. 228"' Street)
(January 26,2018)
44
9. MISCELLANEOUS.
9.1 Compliance with Laws. The parties shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
Agreement.
9.2 Nonwaiver of Breach. The failure of a party to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option
herein conferred in one or more instances, shall not be constructed to be a waiver or
relinquishment of those terms and rights and they shall remain in full force and effect
9.3 Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the
parties or between any party and the Contractor under any of the provisions of this
Agreement, resolution of that dispute shall be available only through the jurisdiction,
venue and rules ofthe King County Superior Court, King County, Washington.
9.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240,in
any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall be responsible for payment of its own legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing
in this subsection shall limit a party's right to indemnification under Section 8 of this
Agreement.
9.5 llritten Notice. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of this Agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any
event three (3) calendar days after the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated on this
Agreement.
9.6 Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of each of the affected parties.
9.7 Severability. If any one or more sections, sub-sections, or sentences of
this Agreement are held to be unconstitutional or invalid, that decision shall not affect the
validity of the remaining portion of this Agreement and the remainder shall remain in full
force and effect.
9.8 Relationship. It is understood and agreed that no agency, employment,
joint venture, co-employer or partnership is created by this Agreement. No party hereto
shall (i) have the power or authority to act for another in any manner to create obligations
JOINT TRENCH AGREEMENT-Page 7 of l0
(between City of Kent and PSE Gas Re: S. 228th Stree)
(January 26,2018)
45
or debts which would be binding upon another, and; (ii) be responsible for any obligation
or expense whatsoever of another.
9.9 Force Majeure. Parties shall not be deemed to be in breach of this
Agreement if unable to perform their respective obligations hereunder as a result of the
occurrence of an event of "force majeure," which shall include, but not be limited to, acts
of God, acts of the government of the United States or of any state or political
subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions,
earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other
causes beyond the parties'reasonable control. The scope of events of force majeure shall
not extend to payment of money owed hereunder.
9.10 Entire Agreement. The written provisions and terms of this Agreement,
together with any attached Exhibits, supersede all prior verbal statements by any
representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this agreement. This Agreement and any attached Exhibits
contain the entire Agreement between the parties. Should any language in any Exhibit to
this Agreement conflict with any language contained in this Agreement, the terms of this
Agreement shalI prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
PUGET SOUND ENERGY CITY OF KENT
Print Name
Title
DATE
NOTICES TO BE SENT TO:
PUGET SOT]ND ENERGY
690s s 228 st.
Kent. WA 98032
Attn: Leslie W
125i) 395-6809 k\
(206\ 793-4624 il)
Attn: Glenn Helton Kent Law Department
P:\Civil\Filc\Opcn Filesu238-228th Street UPRR Gradc SeparationUoinl Trench AgrementsuointTrenchAgeement-PsE GN West JUT DRAFT-FINAL.doC
Print Name:-
Title:
DATE:-
NOTICES TO BE SENT TO:
CITY OF KENT
Citv of Kent
220 Fourlh A Sorrfh
Kent. WA 98032
Attn: Tim LaPorte
(253) 8s6-ss00
(253) 856 -6500 (Fax)
APPROVED AS TO FORM:
With a copy to:
Puget Sound Energy
6905 s 22grHst.
Kent, WA 98032
JOINT TRENCH ACREEMENT-Page 8 of l0
(between City of Kent and PSE Gas lle: S. 228't' Street)
(January 26,2018)
46
Exhibit A
S.228th Street East Joint Trench Agreement
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A
JOINT TRENCH AGREEMENT- Exhibit A
(between City of Kent and PSE Gas Re: S. 228h Stteet)
(January 26,2018)
47
Exhibit B
S. 228th Street East Joint Trench Agreement
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JOINT TRENCH AGREEMENT- Exhibit B
(between City of Kent and PSE Gas Re: S. 228't' Street)
(January 26,2018)
48
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Mark Madfai, Design Engineering Supervisor
SUBJECT: South 228th St UPRR Grade Separation Project Facility Relocation Agreement
with Puget Sound Energy - Recommend
SUMMARY: As part of the relocations required for construction of the South 228th Street
UPRR grade Separation Project, Puget Sound Energy (PSE) must relocate existing power
facilities both underground and overhead. This agreement is for the underground relocation
of overhead power distribution facilities that are located with in PSE’s property along the
Interurban Trail. These lines must be removed to accommodate construction of the new
bridge. The remaining relocations are covered under the franchise agree ment and are PSE’s
responsibility to pay for.
Last year the City paid for and PSE performed the work to raise three sets of existing high
voltage power lines along PSE property to make way for the new bridge. This remaining work
was not completed with the transmission line work last year because underground relocations
still needed to be completed to the east. PSE did participate in the City’s joint utility trench to
underground lines west of the UPRR tracks under a Schedule 74 reimbursement agreement at
that time.
EXHIBITS: Draft Facility Relocation Agreement
BUDGET IMPACT: The cost of this project will be paid through State (Connect WA) funds.
STRATEGIC PLAN GOAL(S):
☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
MOTION: Move to recommend Council authorize the Mayor to sign the
Facility Relocation Agreement with Puget Sound Energy in the amount of
$713,867.11 for the South 228th Street UPRR Grade Separation Project,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
49
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50
-1-
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of ______________, 2018, is made and entered into by and
between Puget Sound Energy, Inc., a Washington corporation (“PSE”), and City of Kent,
(“Government Entity”). PSE and the Government Entity are sometimes referred to herein
individually as a "Party" and collectively as the “Parties.”
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and
convenient to the transmission and distribution of electricity ("Facilities") that are located on
or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and
Existing Operating Rights are more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
B. The Government Entity plans to construct improvements to the 228th Street
UPRR Rail Crossing (“Improvements”).
C. In connection with the Improvements, the Government Entity has requested
that PSE perform certain engineering design work and certain construction work relating to
modification or relocation of its Facilities (the "Relocation Work"), all in accordance with
and subject to the terms and conditions of this Agreement, and any applicable tariff on file
with the Washington Utilities and Transportation Commission (the “WUTC”).
D. The Government Entity has provided to PSE a written plan for the
Improvements (the “Improvement Plan”) which includes, among other things, (a) plans and
specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and
perform the Relocation Work, including reasonably detailed drawings showing the planned
Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information
concerning possible conflicts between PSE's Facilities and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to
this Agreement.
1.2 Performance of Relocation Work. Subject to the terms and conditions of
this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable
efforts to perform the Relocation Work. PSE shall perform the Relocation Work in
accordance with the schedule provided in Exhibit B (the “Relocation Schedule”) with
51
-2-
reasonable diligence in the ordinary course of its business and in light of any operational
issues as to the remainder of its utility systems that may be influenced by the Relocation
Work. PSE shall have no liability to the Government Entity or any third party, nor shall the
Government Entity be relieved or released from its obligations hereunder, in the event of any
delay in the performance of the Relocation Work due to any (a) repair, maintenance,
improvement, renewal or replacement work on PSE's utility systems, which work is
necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE
which are necessary or consistent with prudent utility practices to protect the performance,
integrity, reliability or stability of PSE's utility systems or any systems to which such systems
are connected.
1.3 Adjustments to the Relocation Work. PSE shall notify the Government
Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including
the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE’s performance of the Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Parties may arise during the performance of the Relocation Work. In the event such
additional requirements arise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
1.4 Performance by Government Entity. In the event the Government Entity is
unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable
satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use
reasonable efforts to adjust the Relocation Schedule to allow additional time for the
Government Entity to perform such obligations; provided, that if the Parties cannot
reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate
this Agreement by giving written notice to the Government Entity, and the Government
Entity shall promptly pay PSE the amounts payable to PSE in connection with such
termination under Section 5.5. PSE's determination as to the satisfaction or waiver of any
such condition under this Agreement shall not be deemed to be a determination of
satisfaction or waiver of any other condition arising under this Agreement.
1.5 Notice to Proceed with Construction Work. At least 30 days prior to the
date specified in the Relocation Schedule for commencement of construction for the
Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to
proceed with such construction work, or (b) terminate this Agreement by written notice to
PSE. In the event of such termination, the Government Entity shall promptly pay PSE the
amounts payable to PSE in connection with termination under Section 5.5.
52
-3-
Section 2. Operating Rights.
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely
responsible for the acquisition of, and any costs related to acquisition of any and all operating
rights for the Facilities that are necessary or appropriate, in addition to or as replacement for
the Existing Operating Rights, for completion of the Relocation Work ("New Operating
Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality
and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE,
all as determined by PSE in its sole discretion. The New Operating Rights shall be provided
with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain
clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to
commence the RelocationWork, or otherwise in any way change, limit, curtail, impair or
otherwise affect the normal and reliable operation of the Facilities as located upon or relative
to the Existing Operating Rights, unless and until PSE is in possession of the New Operating
Rights.
Section 3. Permits.
The Government Entity shall be solely responsible for the acquisition of, and any
costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews,
impact statements, determinations, authorizations, exemptions or any other form of review or
approval given, made, done, issued or provided by any one or more governmental authorities
with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits").
The Permits shall be on such terms and conditions as PSE shall, in its sole discretion,
determine to be appropriate to its needs. PSE shall not be obligated to commence
construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair
or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is
in possession of all Permits necessary for the Relocation Work and all rights of appeal with
respect to the Permits shall have been exhausted. The Government Entity shall be
responsible for performance of and any costs associated with any mitigation required by the
Permits.
Section 4. Materials and Ownership
Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all
necessary materials, equipment and labor required to perform the Relocation Work. All
materials, information, property and other items provided for, used or incorporated into the
Relocation Work (including but not limited to the Facilities) shall be and remain the property of
PSE.
Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation
Work (the "Relocation Cost Estimate") is $713,867.11 and includes all direct and indirect
costs incurred by PSE in connection with the performance of the Relocation Work including,
53
-4-
but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes. However, it
does not include any provisions or adjustments for unforeseen site conditions.
5.2 Costs in Excess of Estimate. In the event PSE determines an unforeseeable
condition is likely to cause costs to exceed the Relocation Cost Estimate, PSE shall so notify
the Government Entity in writing within 48hrs and provide an estimate of additional costs
based on the information available at the time. In such event, PSE or the Government Entity
may, at its discretion, suspend performance of the Relocation Work and PSE shall not be
obligated to continue with performance of any Relocation Work unless and until PSE
receives the Government Entity’s written acceptance of PSE's associated Cost Estimate that
includes the additional costs and written notice to continue with the Relocation Work. In the
event PSE does not receive such acceptance and notice from the Government Entity within
ten (10) working days from the date of PSE's notice, then PSE may, at its discretion,
terminate this Agreement. In the event of such termination, the Government Entity shall
promptly pay PSE the amounts payable to PSE in connection with termination under Section
5.5.
5.3 Relocation Costs. The Government Entity shall be responsible for an amount
up to, but not exceeding, the Relocation Cost Estimate set forth in Section 5.1, in connection
with the performance of the Relocation Work. However, if unforeseen site conditions arise
that would result in additional costs, such as higher than expected ground water, the
Government Entity shall be responsible for those costs in excess of the Relocation Cost
Estimate pursuant to Section 5.2. The Government Entity shall also be responsible for costs
in excess of the Relocation Cost Estimate associated with changes or scope additions directed
or requested by the Government Entity.
5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
5.5 Costs Upon Termination of Agreement. In the event either Party terminates
this Agreement, the Government Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the
Relocation Work (including, without limitation, all Relocation Costs incurred through
the date of termination and such additional costs as PSE may incur in connection with
its suspension or curtailment of the Relocation Work and the orderly termination of
the Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to normal and reliable commercial operations.
54
-5-
5.6 Payment. The Government Entity shall, within thirty (30) days after the
receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the
full amount of the invoice.
Section 6. Indemnification
6.1 Indemnification. The Government Entity releases and shall defend,
indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs
and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising
out of any negligent act or omission or willful misconduct of the Government Entity in its
performance under this Agreement. PSE releases and shall defend, indemnify and hold
harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and
expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of
any negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each Party
shall at all times remain employees or contractors, respectively, that Party and shall not be, or
be construed to be, employees or contractors, respectively, of the other Party.
6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification
obligations of a Party under this Section 6, each Party expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to
any such claim brought against the indemnified Party by or on behalf of any employee of the
indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying
Party from raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
Section 7. Disclaimers and Limitation of Liability
7.1 Disclaimer. PSE makes no representations or warranties of any kind, express
or implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness
for a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract,
warranty, tort or otherwise, to any other party or to any other person for any indirect,
incidental, special or consequential damages arising out of the performance or
nonperformance of the Relocation Work or this Agreement.
Section 8. Miscellaneous
8.1 Tariffs Control. This Agreement is in all respects subject to all applicable
tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any
55
-6-
conflict or inconsistency between any provision of this Agreement and any such tariff, the
terms of the tariff shall govern and control.
8.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this
Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and
following termination of this Agreement neither Party shall have any further obligations
arising under this Agreement and this Agreement shall be of no further force or effect.
8.3 Waiver. The failure of any Party to enforce or insist upon strict performance
of any provision of this Agreement shall not be construed to be a waiver or relinquishment of
any such provision or any other provision in that or any other instance; rather, the same shall
be and remain in full force and effect.
8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth
the complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
8.5 Force Majeure. In the event that either Party is prevented or delayed in the
performance of any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event"), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental
agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its
contractors or a third party; or any failure or delay in the performance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
8.6 Enforceability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or
other communication under this Agreement given by either Party to the other Party shall be in
writing and shall be delivered in person to an authorized representative or mailed, properly
addressed and stamped with the required postage, to the intended recipient at the address and
to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
56
-7-
8.8 Governing Law. This Agreement shall be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Washington. This
Agreement shall be fully binding upon the Parties and their respective successors, assigns and
legal representatives.
In witness whereof, the Parties have executed this Agreement as of the date set forth above.
PSE: Government Entity:
Puget Sound Energy, Inc.
By By
Its Its
Address: Address:
Attn: Attn:
57
-8-
EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
58
-9-
EXHIBIT B
RELOCATION WORK
(TO INCLUDE A DESCRIPTION OF THE WORK TO BE PERFORMED BY PSE
TOGETHER WITH A SCHEDULE FOR THE PERFORMANCE OF THE WORK
AND A DESCRIPTION OF ANY NEW OPERATING RIGHTS REQUIRED FOR
THE PERFORMANCE OF THE WORK)
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60
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Paul Kuehne,
SUBJECT: Contract with Gray and Osborne for Construction Engineering Services for the
Cambridge Reservoir Project - Recommend
SUMMARY: Gray and Osborne will provide services to include oversight of reservoir
rehabilitation, welding inspection, material inspection and testing.
The largest components of the Cambridge Reservoir Recoating and Fall Protection Project are
the coating (specialized paint) inspection and welding inspection for fall protection facilities.
As the city does not make these improvements very often, we do not have staff with the
certifications necessary to inspect the work. Therefore, we propose using a consultant to
complete these inspections. The contract is roughly 10% of the value of the contract, which is
within the industry standard.
EXHIBITS: Contract
BUDGET IMPACT: Funds for this contract are accounted for in the project budget and are
within the water fund capital budget.
STRATEGIC PLAN GOAL(S):
☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☐ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
MOTION: Move to recommend Council authorize the Mayor to sign a Consultant
Services Agreement with Gray and Osborne in an amount not to exceed
$135,628.00 for Engineering Services for the Cambridge Reservoir Recoating and
Fall Protection Project, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
61
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62
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Gray & Osborne, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Gray & Osborne, Inc. organized under the laws of the State of Washington,
located and doing business at 701 Dexter Ave N., Suite 200, Seattle, WA 98109, Phone: (206) 284-0860,
Contact: Russell Porter (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide construction management services for the Cambridge
Reservoir Recoating & Fall Protection Project. For a description, see the Consultant's Scope
of Work which is attached as Exhibit A and incorporated by this reference.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by December 31, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Thirty-Five Thousand, Six Hundred and Twenty-Eight Dollars ($135,628.00),
for the services described in this Agreement. This is the maximum amount to be paid under
this Agreement for the work described in Section I above, and shall not be exceeded without
the prior written authorization of the City in the form of a negotiated and executed
amendment to this agreement. The Consultant agrees that the hourly or flat rate charged
by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a
period of one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
63
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
64
CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful
refusal on the Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records
Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
65
CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
/ /
/ /
/ /
/ /
/ /
/ /
66
CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Russell Porter, P.E.
Gray & Osborne, Inc.
701 Dexter Ave N., Suite 200
Seattle, WA 98109
(206) 284-0860 (telephone)
(206) 283-3206 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Timothy J. LaPorte, P.E.
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
67
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: _________________________________________
68
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.
69
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: _________________________________________
70
+>(IflÐtT+
SCOPE OF \ryORK
CITY OF KENT
CAMBRIDGE RE,SERVOIR RECOATING CONSTRUCTION SUPPORT
This proposal is an engineering services proposal for providing construction management
engineering services for the Cambridge Reservoir Recoating project.
The proposal assumes the following:
All coating inspection will be performed by a subconsulønt under
Gray & Osbome as part of this contract.
All welding inspection will be performed by a subconsultant under
Gray & Osborne as part of this contract.
Gray & Osborne will review all submittals for the project.
Gray & Osbome will prepare all monthly pay estimates and maintain
records.
The contract is 125 working days. For the purposes of this proposal, the
contractor is expected to be painting for 90 working days.
SCOPE OF WORK
Gray & Osborne will provide construction management engineering support to the City
including the following items:
Coordinate and attend the preconstruction conference.
Set up and maintain an online Construction Management System (CMS)
for use by City staff, the contractor, and Gray & Osborne for project
documentation and communication.
Review submittals and shop drawings. These include, but a¡e not limited
to, coatings, welding shop drawings, containment plan, blast disposal plan,
environmental contol plar¡ and other submittals as required by the
specifications.
Provide appropriate levels of on-site inspection depending upon work
activities. For the pu{poses of this scope of work, it is assumed that a
1
2
3
4
5.
t
o
a
o
(March l, 2018)Page I of2
EXHIBIT A
71
Gray & osborne project inspector witl be on site approximately r0 hours
per week on average throughout the project.
Provide in-offrce support including answering contractor RFI questions,
reviewing coating inspection rqtorts, and other support activities.
coordinate and attend construction meetings every 2 weeks for a total of
12 meetings.
Provide full-time coating inspection when coating activities are happening
on site, as well as shop coating spot inspection.
Provide welding special inspection.
Provide communication and project documentation through the
Gray & Osbome CMS sofrware.
Provide contract closeout documentation.
Provide record drawings upon project completion.
The not-to-exceed cost for this proposal is $135,628. Adetailed list of tasks and hours is
attached.
a
a
a
o
o
a
a
(February 28,2018)Page 2 af2
72
DXHIBIT€
ENGINßERING SERYTCES
SCOPE A¡fD ESTIMATED COST
Cilyt of Kent - Cambridge Resemoir Reeoatìng Constuction Suppofl
Total Fully Burdened Labor Cost:
Direct Non-Salary Cost:
Mileage & Expenses (mileage @ current IRS rate)
Subconsultants:
Coating
Welding
Subconsult¿nt Overhead ( I 0old
TOTAL ESTIMATED COST:
$
s
$
$
$
$
52,725
150
70,000
5,230
7,523
135,628
' Actual labor cost will be based on eåch enployæ's achral rate. Estimated rates âre for dettrmining total estimated cost only" Ful¡y burdened billing
rates include diræt salary cost, overhca4 md profit.
(February?8,2018) Page I ofl
Fully Burdened Labor Cost:
Estimated Fully Burdened Billine Rate:*
Fully Burdened Billíns R^ate Range:*
Hour Estimate:
Record Drawings
Construction Documentation
Construction Meetings
In-Office Assistance
On-Site Inspection
Submittal Review
heconstruction Conference
Project Management
T¡sl¡s
$ll.3l5
sr55
$106 to $184
73
i
4
24
4
4
4
32
Project
Manager
Hours
$ 10,920
$105
$96 to $12ó
104
4
40
24
I
24
4
Civil
Engineer
Hours
$5.220
$145
5100 to $168
36
4
I
4
i6
4
Structural
Engineer
Hours
$23,750
$9s
577 fa $142
25A
2s0
Field
lnspector
Ilours
$ 1.520
$95
$42 to $120
t6
16
AutoCAD/GIS
TechJEng.
Irtern
Eours
EXHIBIT B
73
EXTIIÐI+5fry2
GRAY & OSBORNE. TNC.
PROFESSIONAL ENGINEERING SERVICES CONTRACT
FULLY BTIRI}ENED BILLING RATES*
THROUGH JUNE 15,2018**
Emplovee Classification Fullv Burdened Billing Rates
AutoCAD/GIS Technician/Engineering lntem
Electrical Engineer
Structural Engineer
Environmental TechnicianlSpecialist
Engineer-In-Training
Civil Engineer
Project Engineer
Project Manager
Principal-in-Charge
Resident Engineer
Field Inspector
Field Survey (2 Person)***
Field Survey (3 Person)***
Professional Land Surveyor
Secretary/ìVord Processor* * *
$ 42.00
$103.00
$100.00
$ 80.00
$ 80.00
$ 96.00
$106.00
$r06.00
$112.00
gt22.Ot
$ 77.00
$r61.00
$238.00
$t 12.00
N/A
$120.00
$184.00
$168.00
$11s.00
$123.00
$r26.00
$145.00
$r84.00
$184.00
$168.00
$142.00
$213.00
$290.00
s136.00
to
to
to
to
to
to
to
to
to
to
to
to
to
to
* Fully Burdened Billing Rates include overhead and profit.
** Updated annually, together with the overhead.
All actual out-of-pocket expenses incuned directly on the project are added to the billing. The billing is
based on direct out-of-pocket expenses; meals, lodging, laboratory testing and transportation. The
transportation rate is $0.54 per mile or the current maximum IRS rate without receipt IRS Section 162(a),
*** Administration expenses include secret¿rial and clerical work; GIS, CADD, and computer equipment;
owned survey equipment and tools (stakes, hubs, lath, etc. - Note: mileage billed separatelyãt rate
noted); miscellançous administration tasks; facsimiles; telephone; postage; and printing costs, which are
less than $150.
Page 1 ofl
74
EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant’s profession.
75
EXHIBIT C (Continued)
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than $2,000,000 per claim and $2,000,000 policy
aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
76
EXHIBIT C (Continued)
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
77
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78
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Tim LaPorte, Public Works Director
SUBJECT: Consultant Services Agreement with AECOM for the Upper Mill Creek Dam –
Recommend
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.
EXHIBITS: Draft Contract Amendment will be provided at the meeting on Monday, March 20,
2018.
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.
☐ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
Motion: Move to recommend Council authorize the Mayor to sign a contract
amendment with AECOM for Engineering Services in the amount of $_______,
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.
79
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80
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Chris Wadsworth, CFM, Civil Engineering Designer II
SUBJECT: Information Only/Preliminary Flood Map Open House March 21, 2018
SUMMARY: The City of Kent is hosting a public open house to discuss changes to the
Federal Emergency Management Agency’s (FEMA) Flood Insurance Rates Maps and how they
might impact Kent properties.
The open house will be held from 6-8 p.m. on Wednesday, March 21, in the City Council
Chambers at Kent City Hall. The meeting includes several other jurisdictions, including
Auburn, Bellevue, Tukwila and King County. FEMA representatives will also attend.
FEMA’s maps delineate flood areas along several rivers and streams in King County, including
the Green River, the Cedar River, Springbrook Creek, Mill Creek, the Black River, Kelsey
Creek and the west tributary of Kelsey Creek.
The maps are preliminary, and once adopted, will be used to help community officials and
residents identify flood risks, determine flood insurance rates and inform hazard mitigation
plans and land-use and development decisions.
City of Kent staff, FEMA representatives, and staff from King County and other local cities,
will be in attendance at the meeting to provide information to the public and to answer
questions.
EXHIBITS: None
BUDGET IMPACT: N/A
STRATEGIC PLAN GOAL(S):
☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
Information Only/No Motion Required
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Residents can view preliminary flood maps at open
house in Kent on March 21, 2018
Community members are invited to an open house in Kent on March 21 to view proposed changes
to federal flood maps, discuss the potential impacts of these changes, provide feedback and ask
questions.
The preliminary maps delineate flood areas along several rivers and streams in King County,
including the Green River, the Cedar River, Springbrook Creek, Mill Creek, the Black River, Kelsey
Creek and the west tributary of Kelsey Creek.
Once adopted, these maps will be used to help community officials and residents identify flood risks,
determine flood insurance rates and inform hazard mitigation plans and land-use and development
decisions.
The Federal Emergency Management Agency (FEMA) is updating the flood maps based on new data
about flood hazards and with input from King County and other affected jurisdictions. This is the first
update of these maps in many years.
The open house will be held from 6-8 p.m. on Wednesday, March 21, in the City Council Chambers
at Kent City Hall, located at 220 4th Ave. S. in Kent. The forum is being hosted by the City of Kent
and the King County Flood Control District, with participation by several other jurisdictions, including
Auburn, Bellevue, Tukwila and King County. FEMA representatives will also attend.
The preliminary maps show revisions to the 1-percent-annual-chance floodplain, which has a 1
percent chance of flooding in any year. The maps, an excellent reference for residents before or
after the meeting, can be viewed onlineat bit.ly/2F7SOzr.
Floodplain managers from the jurisdictions represented will be on hand at the open house to answer
questions, explain the mapping process and discuss what the proposed changes mean for residents
and communities. They will also have computers set up to help attendees view specific properties.
After the open house, copies of presentations from the meeting will be available online
at kingcounty.gov/floodservices. Requests for site-specific flood maps as well as other questions can
be sent to King County River and Floodplain Management Section, attention Sylvia Aro, 201 S.
Jackson Street, Suite 600, Seattle, WA 98104-3855. Or email floodmapquestions@kingcounty.gov.
In the message or letter, please include your full name, full property address, parcel number (if
available), contact information (including mailing address, email address and phone number) and
questions or requests.
Flooding is the nation’s most common and most expensive natural disaster. According to national
statistics, homes within high-risk flood areas have a 26 percent chance of being damaged by
flooding over the life of a 30-year mortgage.
More information on flooding and flood safety in King County is available
at kingcounty.gov/floodservices. To learn more about federal flood insurance, visit floodsmart.gov.
The King County Flood Control District is a special purpose government created to provide funding and
policy oversight for flood protection projects and programs in King County. The Flood Control District’s
Board is composed of the members of the King County Council. The Water and Land Resources Division
of the King County Department of Natural Resources and Parks develops and implements the approved
flood protection projects and programs. Information is available atkingcountyfloodcontrol.org.
Last Updated March 6, 2018
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Eric Connor, Construction Manager
SUBJECT: Information Only/132nd Avenue Phase 1 Update
SUMMARY: Phase 1 of the 132nd Avenue Improvement Projects is complete. Staff would like
to share the success of this project and also update the committee on project costs.
EXHIBITS: N/A
BUDGET IMPACT: N/A
STRATEGIC PLAN GOAL(S):
☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
Information Only/No Motion Required
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Tim LaPorte, P.E. Public Works Director
SUBJECT: Information Only - 228th Street Corridor Union Pacific Railroad Overpass Update
on the Right of Way Acquisition
SUMMARY: Staff will provide a brief update to the Committee members on the acquisition
progress required to move this project into construction.
EXHIBITS: None
BUDGET IMPACT: N/A
STRATEGIC PLAN GOAL(S):
☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☐ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☐ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
Information Only/No Motion Required
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PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, P.E., Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: March 19, 2018
TO: Public Works Committee
FROM: Chad Bieren, P.E. Deputy Director / City Engineer
SUBJECT: Information Only/Quiet Zone Update
SUMMARY: Staff will give an update on the status of the Quiet Zone.
EXHIBITS: None
BUDGET IMPACT: N/A
STRATEGIC PLAN GOAL(S):
☐ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☐ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
☒ Sustainable Funding - Maximizing long-term financial success through responsible fiscal oversight, economic growth, and
community partnerships.
☐ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong
sense of belonging.
No Motion Required/Information Only
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