HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 04/02/2018 (2)
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.
April 2, 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 19, 2018 Minutes - Approval YES None 03 03
5. S 218th Street Schedule 74 Undergrounding
and Joint Trench Agreements – Recommend
YES Carla Maloney 05 07
6. Contract with AECOM for Upper Mill Creek Dam
– Recommend
YES Alex Murillo 03 51
7. Info Only/Regional Mobility Grant – Update NO Kelly Peterson 05 69
8. Info Only/Mill Creek Neighborhood Parking -
Update
NO Kelly Peterson 15 81
9. Info Only/Transportation Master Plan (TMP) –
Update
NO April Delchamps 10 83
10. Info Only/2019-2024 Transportation
Improvement Program (TIP)
NO April Delchamps 10 93
11. Info Only/S 228th Union Pacific Rail Road
Overpass Update
No Tim LaPorte 05 95
12. Info Only/Quiet Zone – Update NO Chad Bieren 10 97
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PUBLIC WORKS COMMITTEE March 19, 2018
Minutes City of Kent, WA
Pending Approval
Date: March 19, 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: N/A
3. Changes to the Agenda: Item 9 changed to Info Only
4. Approval of Minutes, Dated March 5, 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. South 228th Street UPRR Grade Separation Project Reimbursement
Agreement with AT&T - Recommend
Mark Madfai, Design Engineering Supervisor noted that AT&T has temporarily relocated its
facilities to accommodate the construction of the 228th Street overpass project. They have
requested the City install new conduit for future placement of their facilities in the new
overpass and bridge. This reimbursement agreement will allow the City to be reimbursed for
the design and construction costs to install the new conduit with the City’s project.
Committee member Fincher MOVED to recommend Council authorize the Mayor
to sign a 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. The motion was
SECONDED by Committee member Troutner. The motion PASSED 3 - 0.
6. South 228th Street UPRR Grade Separation Project Joint Utility Trench
Agreements with Comcast, Zayo and Puget Sound Energy - Recommend
Mark Madfai, Design Engineering Supervisor noted that 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
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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.
Committee member Troutner MOVED 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. The motion was SECONDED by Committee member Fincher. The motion
PASSED 3 - 0.
7. South 228th St UPRR Grade Separation Project Facility Relocation
Agreement with Puget Sound Energy - Recommend
Mark Madfai, Design Engineering Supervisor noted as part of the relocations required for
construction of the South 228th Street UPRR grade Separation Project, Puget Sound
Energy (PSE) must relocate existing power facilities both underground and overhead. This
agreement is for the underground relocation of overhead power distribution facilities that
are located within PSE’s property along the Interurban Trail. These lines must be removed
to accommodate construction of the new bridge. The remaining relocations are covered
under the franchise agreement and are PSE’s responsibility to pay for.
Last year the City paid for and PSE performed the work to raise three sets of existing high
voltage power lines along PSE property to make way for the new bridge. This remaining
work was not completed with the transmission line work last year because underground
relocations still needed to be completed to the east. PSE did participate in the City’s joint
utility trench to underground lines west of the UPRR tracks under a Schedule 74
reimbursement agreement at that time.
Committee member Troutner MOVED to 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. The
motion was SECONDED by Committee member Fincher. The motion PASSED 3 –
0.
8. Contract with Gray and Osborne for Construction Engineering Services for
the Cambridge Reservoir Project - Recommend
Paul Kuehne, Construction Supervisor noted that 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.
Committee member Fincher MOVED to 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
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Fall Protection Project, 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.
9. Consultant Services Agreement with AECOM for the Upper Mill Creek Dam –
Info Only
Alex Murillo, Environmental Supervisor noted that 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.
10. Information Only/Preliminary Flood Map Open House March 21, 2018
Chris Wadsworth, CFM, Civil Engineering Designer II noted that 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.
11. Information Only/132nd Avenue Phase 1 Update
Drew Holcomb, Design Engineer II noted that Phase 1 of the 132nd Avenue Improvement
Projects is complete. Staff shared the success of this project and also updated the
committee on project costs.
12. 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.
13. Information Only/Quiet Zone Update
Chad Bieren, Deputy Public Works Director / City Engineer said that he talked with the
Utilities and Transportation Commission (UTC) last Thursday regarding the City’s position
that for establishment of the Quiet Zone should only include necessary improvements for
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the proposal and that other improvements requested by the railroads should be
considered outside of the Quiet Zone process.
ADDED ITEMS:
American Legion
Members of the American Legion presented a history of their Kent past and asked for
relief from utility taxes and/or rates.
Adjournment: At 5:40 p.m., Committee Chair Higgins declared the meeting adjourned.
Cheryl Viseth,
Committee Secretary
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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: Carla Maloney, P.E., Design Engineering Manager
SUBJECT: South 218th Street Schedule 74 Undergrounding and Joint Trench
Agreements – Recommend
SUMMARY: The South 224th Street Improvements, Phase 2 project includes work along
88th Avenue South and South 218th Street, and extends from South 222nd Street to 94th Place
South. The project consists of widening 88th Avenue South and South 218th Street to
include a turn lane, curb, gutter, sidewalk and planter strips. The work also includes the
replacement of the existing Garrison Creek bridge and the construction of retaining walls.
In order to perform the above described work, Puget Sound Energy, Comcast, and
CenturyLink need to relocate utilities from aerial to underground the facilities pursuant to the
City’s utility undergrounding ordinance.
A design agreement with Puget Sound Energy was approved last June to initiate design in
order to meet the project schedule we need to move forward with the utility agreements.
EXHIBITS: Draft Schedule 74 Underground Conversion Agreement with Puget Sound Energy
and Joint Trench Agreements with Comcast and CenturyLink
BUDGET IMPACT: The undergrounding of utilities is included in the project budget.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
MOTION: Move to recommend Council authorize the Mayor to sign a Schedule 74
Underground Conversion Agreement with Puget Sound Energy and Joint Trench
Agreements with Comcast and CenturyLink for utility undergrounding on S. 218th
St. Improvements as part of the South 224th Street Phase 2 project, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director.
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JOINT TRENCH AGREEMENT
Between the City of Kent and Comcast
for the L.I.D. 363 - S. 218th Street Project
(88th Avenue S. to 94th Place S.)
THIS AGREEMENT, is entered into between the City of Kent, a Washington municipal
corporation (“City”), and Comcast of Washington IV, Inc. a Washington corporation
(“Comcast”).
RECITALS
WHEREAS, the City is making right-of-way improvements to S. 218th Street.
WHEREAS, it is the City’s belief that, pursuant to local ordinance and the franchise
agreement between the City and Comcast dated May 4, 1993, and the Franchise Clarification
Agreement dated May 5, 2004, that these right-of-way improvements require Comcast to
relocate the underground facilities that are currently in conflict with this project.
WHEREAS, relocation requires trenching within the right-of-way and the parties
recognize the efficiencies of entering into an agreement whereby one trench will be dug for all of
the parties to relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract for the
construction of a trench which shall include Comcast, CenturyLink, and PSE power facilities.
This trench will be placed along the south side of S. 218th Street beginning at 88th Avenue S. and
ending at 94th Place S. There will be approximately three (3) trench crossings of S. 218th Street
to serve customers on the north side of the street. All utilities requiring to cross will use these
trenches.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work shall be referred to as
“the contractor” in this Agreement. The contractor, pursuant to a contract with the City, shall
excavate the trench, install Comcast, CenturyLink and PSE power facilities, accommodate and
coordinate the installation of Comcast facilities, install the bedding material, backfill and
compact the trench, and perform any restoration required by the City, all to be performed in a
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good and workmanlike manner consistent with industry standards. The City represents that any
such contract shall further require of contractor that the work be conducted in conformity with (i)
the applicable procedures and requirements of the parties as described herein; (ii) all applicable
laws, ordinances and regulations of any governmental authority, and; (iii) all applicable terms
and provisions of the National Electric Safety Code, as may be amended, supplemented or
replaced from time to time, including but not limited to those pertaining to protection and
separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
A. Drawings. Comcast shall provide engineering drawings, specifications,
construction standards, quantities, and cost estimates to the City for the underground relocation
of Comcast’s facilities. The drawings shall show in detail the location and elevation of the
conduits, trench, and vaults, and shall include a general traffic control plan for activities not
associated with installation of facilities within the contractor controlled open trench area.
B. Installation. Comcast shall furnish and install their conduit in the City provided
trench and shall furnish and deliver to the site all vaults for installation by the City in a timely
manner as outlined in subsection 3.D. Comcast shall schedule all deliveries and work so as not
to delay the City’s contractor. All rights, title and interest in the facilities and associated
equipment shall at all times remain with Comcast. Parties hereto acknowledge and agree that
Comcast shall in no event be required to remove their respective, affected aerial facilities prior to
completion of the underground facilities in accordance with this Agreement, and so long as said
installation is completed in conformity with this Agreement.
C. Traffic Control. The City’s contractor shall perform all traffic control associated
with installation of facilities within the contractor controlled open trench area. Comcast shall be
responsible for providing traffic control during installation of facilities not associated with the
controlled open trench area.
D. Comcast Coordination. Comcast shall maintain continued coordination with the
contractor regarding the installation of Comcast’s facilities. This coordination shall include but
not be limited to the following:
1. Timing of when and where materials will be delivered on-site.
2. Time and duration of work including project schedule by Comcast’s
contractor to install facilities in the trench. Once the contractor has given one week notice to
Comcast of when the trenching work will begin, Comcast shall abide by the following schedule:
a. Comcast shall have necessary manpower and equipment on site and shall
have a three (3) hour window per day with which to complete installation of conduits when the
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trench is provided and plumb them into the vaults. The City’s contractor will install Comcast’s
conduit in the street crossings.
b. The City’s contractor shall provide Comcast daily notification and provide
at least 12 hours notice as to the exact timing of when Comcast’s three (3) hour installation
window will start.
c. The City’s contractor will excavate for and place Comcast vaults in the
trench including bedding and backfill.
d. Comcast shall coordinate closely with the City’s contractor to provide all
necessary materials in a timely manner.
3. Location of where Comcast’s contractor will begin the work.
4. Coordination with other utility companies included in the joint trench for the
placement of conduit. This may include the stacking of conduits with another utility, and
locating conduits below or around other vaults.
E. Surveys. The City will provide the survey for the location of the trench and vaults.
F. Election Not to Proceed. If Comcast elects not to proceed with joining in the trench
provided by the contractor, Comcast shall obtain a permit from the City and remain liable for
completing all work in accordance with the letter sent to Comcast dated September 27, 2017, and
attached to this agreement.
4. COMPENSATION
A. Trench costs. Comcast agrees to pay the City a portion of the trench costs,
including trench bedding and backfill, commensurate with their proportionate share of trench
usage as shown in Exhibit A attached hereto and incorporated by this reference. Preliminary
costs will be agreed upon prior to construction based on an estimate from the bid accepted by the
City. Costs will be finalized after completion of construction to account for actual construction
costs.
B. Street Crossings. Comcast agrees to pay for the installation costs for the City’s
contractor to install Comcast’s conduits in the street crossings. These costs are in addition to the
trench costs outlined in subsection 4. A herein.
C. Survey. Comcast agrees to pay the reasonable costs for the City surveyor’s time
to provide vault locations and elevations and any other survey that may be required to locate and
place Comcast facilities.
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D. Traffic Control. Comcast agrees to pay the City a proportionate share of traffic
control costs related to the contractor controlled open trench areas where Comcast facilities are
present. The proportionate share shall be based on trench usage as shown in Exhibit A. Comcast
shall be responsible to provide all traffic control during installation of Comcast facilities not
associated with the controlled open trench area.
E. Additional Expenses. Comcast agrees to pay their proportionate share of
additional expenses incurred due to Comcast’s approved change requests requiring additional
trench depth or width and for unforeseen conditions, including but not limited to dewatering for
ground water. Comcast will not pay for any share of additional expenses incurred due solely to
approved change requests from PSE, CenturyLink and/or the City.
F. Claims by Contractor. Comcast agrees to pay the entire cost of any claims made
by the contractor that are proximately caused by Comcast. These claims may include delays
caused by installing Comcast facilities, delays caused by Comcast providing materials, or any
other conflicts between the contractor and Comcast’s contractor.
G. Vaults. Comcast agrees to pay for the excavation, site preparation, and
installation for their vaults, including bedding and backfill, separately and in addition to any
survey costs and trench costs discussed above. These additional costs shall be preliminarily
determined from the bid price accepted by the City. The cost to excavate for and install
Comcast’s vaults will be finalized after completion of construction to account for actual
construction costs.
H. Invoice. Comcast agrees to pay the City within sixty (60) days of being invoiced
by the City for amounts that the contractor has invoiced the City and which Comcast has agreed
to pay under this Agreement.
I. Defective or Unauthorized Work. Per the terms of the agreement between the
City and contractor, Comcast reserves the right to withhold payment from the City for any
defective or unauthorized work performed by the contractor. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements of this
Agreement, and extra work and materials furnished without Comcast’s approval. If for any
reason it is necessary to satisfactorily complete any portion of the work, Comcast may complete
the work using its own means.
J. Final Payment/Waiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the contractor, except those previously and properly made
and identified by the contractor as unsettled at the time request for final payment is made.
5. CHANGES
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Comcast shall submit any changes requested to be performed by the City’s contractor to
the City. The City shall submit this to the contractor, obtain a price from the contractor to
perform the work, and notify Comcast of this price. Comcast shall have 24 hours from receiving
the price from the City to respond. If Comcast chooses not to accept the contractor’s price then
this work shall only be performed by Comcast according to a mutually agreed upon schedule
with the contractor so as not to cause delay to the contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, their officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party’s work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
The indemnification from Comcast to the City shall include all claims, injuries, damages,
losses or suits from third parties arising out of the fact that the specific portion of the trench at
issue was being made available to Comcast for more than the three (3) hour time frame provided
for in Section 3.D.2. by the contractor, except for injuries and damages caused by the negligence
or willful misconduct of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, their
officials, employees and agents, a party’s liability hereunder shall be only to the extent of the
party’s negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
shall promptly, at its own expense, take such action as may be necessary to duly discharge any
lien created by it on the property of another.
7. INSURANCE.
The contract between the City and the contractor shall require that the contractor procure
and maintain for the duration of the project insurance of the types and in the amounts described
below against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work by the contractor, its agents, representative,
employees, subconsultants or subcontractors.
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1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
general aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion,
collapse and underground (XCU); and employer’s liability.
3. Excess Liability insurance with limits not less than $1,000,000 per occurrence
and aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of
the contractor. The parties, their officials, employees, agents and volunteers shall be named as
additional insureds on the insurance policy, as respects work performed by or on behalf of the
parties and a copy of the endorsement naming the parties as additional insured shall be attached
to the Certificate of Insurance, copies of which shall be provided to the parties prior to
commencement of construction by the contractor. The contractor’s insurance shall contain a
clause stating that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer’s liability.
8. FRANCHISE AGREEMENT
The City and Comcast agree that as to future projects, by entering into this Agreement,
neither party has waived any rights it may have under the existing franchise agreement between
the City and Comcast, and the City and Comcast expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, Comcast’s participation in the joint
trench activity contemplated in this Agreement, and its very participation in this Agreement,
shall in no event be construed as acceptance, affirmation or ratification of the City’s construction
of Comcast’s obligation to underground and enter into a writing pursuant to the franchise
agreement, and parties understand and agree that the terms and conditions of this Agreement
shall not be considered as a basis for future undergrounding projects that may be franchise-
required.
9. MISCELLANEOUS
A. Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Agreement.
B. Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
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more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
C. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the parties or between
any party and the contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
D. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties’ performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party’s right
to indemnification under Section 8 of this Agreement.
E. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
F. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
of each of the affected parties.
G. Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
H. Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party hereto shall (i) have
the power or authority to act for another in any manner to create obligations or debts which
would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever
of another.
I. Force Majeure. Parties shall not be deemed to be in breach of this Agreement if
unable to perform their respective obligations hereunder as a result of the occurrence of an event
of “force majeure,” which shall include, but not be limited to, acts of God, acts of the
government of the United States or of any state or political subdivision thereof, strikes, civil riots
or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other
similar catastrophes or other causes beyond the parties’ reasonable control. The scope of events
of force majeure shall not extend to payment of money owed hereunder.
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K. Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of the
City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
COMCAST OF WASHINGTON IV, INC. CITY OF KENT
Print Name: Ken Rhoades Print Name:
Title: Area Vice President Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
COMCAST CITY OF KENT
Comcast City of Kent
402 Valley Avenue NW, Suite 101 220 Fourth Avenue South
Puyallup, WA 98371 Kent, WA 98032
Attn: Jerry Steele Attn: Chad Bieren
(253) (Desk) (253) 856-5534 (Desk)
(253) (Cell) (253) 856-6500 (Fax)
(253) (Fax)
With a copy to: APPROVED AS TO FORM:
Comcast Cable Communications, LLC
1500 Market Street
Philadelphia, PA 19102 Kent Law Department
Attention: General Counsel
P:\Civil\FILES\OpenFiles\0177-2005\JointTrenchAgreement-Comcast-MilitaryRoad.doc
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Exhibit A
Joint Trench Costs
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Gost Summary Table
Revision 31912018
General Gontractors--BlD COSTS
2l Bth
TotalCosts
Totals 13,274 $64,607 4,957 ,838
Notes:
- Costs are based on shared trench cost between trench participants.
Centurylink pays for the percentage of total number of conduits---Ex COMCAST 2 conduits total B lS 25%
Centurylink share lN NON SCHEDULE 74 WORK lS BASED ON NUMBER OF UTILITIES lN TRENCH)
See pages Sand 6.
- City pays 100o/o lor PSE power's trench cost per schedule 74.
- City pays 40o/o for PSE vault and conduit work (conversion cost) per schedule 74.
C:\Users\wwakefield\AppData\Local\Microsoft\Windows\Temporary lnternet Files\Content.Outlook\RND8M07F\Centurylink2l Bth JUT Revised Mar 9
3129120182:23 PM Cost.xls
Trenchinq
Vault and Conduit
lnstallation
Engineering Design,
Coordination and
lnspection Total Balance Due
PSE GAS $o $o $o $0
PSE Power $364,007 $364,007
Century Link $140,416 $37,005 $8,567 $185,988
Comcast $108,851 $27,602 $6,390 ç'142,843
2
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h
101103886
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City of Kent - South 218th Street- 88th Ave. S. to 94th Pl. S. Sch. 74
PSE Project Number: 101103886
March 16, 2018
Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes the scope of
construction work (the "Construction Work") to be performed by PSE and the City of Kent (the
"City") for the conversion of certain PSE electrical distribution system facilities as described
herein (the "Conversion Project"). Construction of this Conversion Project is contingent upon
and shall commence only after both written acceptance of this Project Plan and written execution
of a Schedule 74 Construction Agreement by the City and PSE.
This Project Plan includes and consists of:
• Description of the Construction Work to be performed
• Construction Drawings, Standards, Specifications and Requirements for the Construction
Work (attached)
• Operating Rights to be obtained for the Conversion Project (attached)
• Construction Work Schedule
• Construction Costs Estimate Summary (attached)
Revisions to this Project Plan must be mutually approved bv the City and PSE.
Construction Work
This Conversion Project will replace PSE's existing overhead electrical distribution system with
an Underground Distribution System within the following area (the "Conversion Area"): will be
the south side of S. 218th S treet between 88th Avenue S. and 94th Place S. Road crossings
will be part of this project.
The Conversion Project has no modifications or replacement of existing services lines within the
Conversion Area. This project will include the removal of PSE's existing overhead electric
distribution facilities (including PSE distribution poles and pole mounted street lights) from the
Conversion Area.
There are no Company Initiated Upgrades in the Conversion Project Scope of Work.
City requested upgrades included in this project consist of: None
City of Kent
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City Responsibilities
Responsibilities of Parties
a) At least ten (10) business days prior to the scheduled commencement of Construction Work,
hold a pre-construction meeting involving all participants in the Conversion Project to review
project design, coordination requirements, work sequencing and related premobilization
requirements.
b) At least ten (10) business days prior to the scheduled commencement of Construction Work,
give PSE written notice to proceed with the Construction Work to allow for delivery of PSE
materials to the job site and scheduling of PSE's on-site Inspector.
c) Provide written notice to customers within the Conversion Area in advance of Conversion
Project Construction Work start. The notice will include contact information for both the
City and PSE, the expected Conversion Project schedule, anticipation of service interruptions
and work required to be performed by customers.
d) Coordinate other utility conversion, removal and relocation from PSE's poles.
e) Provide all surveying for equipment placement, locations, and establish all grade elevations
for the Underground Distribution System within the Conversion Area.
f) Provide all necessary excavation, bedding, backfill, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut-over and transfer of existing underground system
and service lines from the existing overhead distribution system to the new Underground
Distribution System.
g) Provide flagging and traffic control as required for all work performed by the City.
h) Install and proof all ducts and vaults for the Underground Distribution System (excluding
work in ducts or vaults containing energized cables or equipment - see PSE Responsibilities)
in accordance with PSE standards and specifications using ducts and vaults provided by PSE.
"Proofing" as used herein is defined as verification using a mandrel that the duct and vault
system is free and clear of damage, installed to the proper grade and at the proper location and
contains a pulling line.
i) Provide at least five (5) business days' notice for scheduled delivery of PSE vaults by PSE's
vault supplier.
j) Provide secure staging and storage area(s) for duct and vault materials provided by PSE. The
City shall be responsible for the security and condition of these materials until they are
installed and accepted by PSE or returned to PSE's custody.
k) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to
the job site.
City of Kent
South 218th Street – 88th to 94th
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City of Kent 218th – 88th to 94th Page 3
1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and its
contractor(s), the City and its contractor(s), and other utilities.
m) Provide any necessary operating rights for the installation of PSE's facilities in accordance
with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City.
Operating rights are further addressed in the Operating Rights section of this Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
o) Following notification from PSE that Construction Work is complete; provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Puget Sound Energy Responsibilities
a) Following notice from the City, deliver or cause to be delivered all duct and vault materials
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests.
b) Following notice from the City, provide inspection services needed for overseeing the proper
installation of ducts and vaults by the City.
c) Accept delivery of the completed duct and vault system once the new system has been
proofed (as described above) by the City. PSE will provide a mandrel to the City to be used
in proofing of the duct and vault system.
d) Provide PSE electrical workers to complete duct installation and proofing when such work is
performed at or in any energized vault containing energized cables or equipment.
e) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground Distribution
System is energized.
f) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item "f' concerning trenching
responsibility). PSE will notify the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
g) Install and connect replacement underground service lines to single family residences and
connect modified and replacement non-residential underground service lines provided by
customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service
lines are listed in the Service Lines section of this Project Plan.
h) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE's poles. Holes left following removal of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
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City of Kent 218th – 88th to 94th Page 4
i) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
j) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor during periods of Conversion Project
construction.
Operating Rights
The Underground Distribution System will be located within Public Thoroughfare and no
additional operating rights will be required for the construction of this conversion project.
Construction Work Schedule
The Construction Work will be performed in accordance with the following Work Schedule,
unless this schedule is revised by mutual agreement of the City and PSE or circumstances
beyond the reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Will be 2018 to 2019 construction and is anticipated to be x
working days for duct and vault.
Installation and energization. of the Underground Distribution System: Will be energized in
2019 and is anticipated to take approximately 25 working days.
Removal of overhead facilities: from PO__ (Grid Number _______) to P__ (Grid Number
________) will be removed in 2019 and is anticipated to take approximately two days for
removal of PSE's overhead system. Poles will be removed once all utilities have removed
facilities off the poles.
Installation and removal of Temporary Service: No temp services requested at this time.
Work Schedule Restrictions: No work restriction anticipated at this time.
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for ninety (90) days from the date shown on the attached Construction Costs
Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not
fully executed within ninety (90) days from this date, the estimated costs shall be subject to
revision.
The scope of work provided for in the previously executed Design Agreement has been
completed with written acceptance of this Project Plan by the City and PSE. The Construction
Cost Estimate summary reflects and provides for Construction Work costs commencing with
PSE attendance at the required pre-construction meeting and receipt of the City's written notice
to proceed with Construction Work. Work performed and/or costs incurred by PSE in response
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City of Kent 218th – 88th to 94th Page 5
to City request following acceptance of the Project Plan and prior to the pre-construction meeting
are not included in the Construction Cost Estimate Summary, and shall be subject to addition to
the Construction Cost Estimate by revision as described below.
Estimated Inspection and Service Provider Outside Services costs are based on
being constructed in 2018-2019. Any work in 2020 will be subject to change order at the 2020
contract construction rates.
Costs/or Construction Work performed by PSE outside of the projected corresponding
construction years shall be subject to revision to reflect PSE Service Provider contract rates
which become effective in January of 2020.
Changes in Construction Work scope, performance and/or schedule can result in actual
Construction Costs that differ from estimated costs shown in the Construction Cost Estimate
Summary. In the event performance of the Construction Work cannot or does not proceed
substantially as provided in this Project Plan, such changes shall promptly be brought to the
attention of PSE and the City when anticipated or known and shall be documented in a revision
to the Construction Cost Estimate Summary (a "Cost Estimate Revision") mutually agreed and
executed by the City and PSE.
Project Assum ptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement and addressed by a Cost Estimate Revision.
Cost Assumptions
1. The Construction Work will be performed in accordance with the Construction Drawings and
Construction Work Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days' notice of completion
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
justification), the City will perform the necessary remedial work. The City will then re-
notify PSE and PSE shall have five (5) business days to accept or reject the remedial work.
3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts
and vaults if applicable, to be used for the Conversion Project utilizing normal cable pulling
equipment and methods.
4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application (including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
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5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's
contractor opening a minimum of 60 feet of trench per working day. The daily productivity
rate is used to estimate the number of days a PSE Inspector will be required during installation
of ducts & vaults. The Inspector will be scheduled in full day increments and in one
continuous effort. Changes to a continuous schedule require a minimum of five (5) days
advance notice and must be mutually agreed between the City and PSE.
6. Attendance by PSE's Project Manager at scheduled weekly construction coordination
meetings is included and reflected in the Construction Cost Estimate during periods when the
PSE ducts and vaults are actively being installed and when the PSE line crew is performing
installation, energization, cut-over and removal work. Attendance at additional meetings that
may be requested/required during other periods will be addressed by a Cost Estimate
Revision.
7. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple
channelization. Additional traffic control measures are not included and if
requested/required will be addressed by a Cost Estimate Revision.
8. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
9. Cut-over and transfer work will be completed during regular working hours as described in
Schedule Assumption #3 below. Changes in the performance of this work will be addressed
by a Cost Estimate Revision.
10. New guy anchors shall be installed prior to installation of new ducts in the same area.
11. When Fluidized Thermal Backfill (FTB) is used, associated cost will be allocated 100% to
PSE when required for a Company Initiated Upgrade and otherwise 100% to the City.
12. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, associated costs
will be a Shared Cost and addressed by a Cost Estimate Revision.
Schedule
1. There will be a total of two (2) PSE crew mobilizations for each of Phase One and Phase
Two as follows: i) one mobilization of an underground line crew for installation of
underground conductors and equipment; and ii) one mobilization of an overhead line crew
for removal of the existing overhead facilities. Once mobilized, PSE crews will have
continuous productive work until all PSE Construction Work is complete.
2. All PSE Construction Work will be performed during regular working hours from 7:00 am to
3:30 pm Monday through Friday excluding holidays. In the event that lane closures are
necessary for performance of work, PSE shall be limited to working between the hours of
7:00 am to 3:30 pm Monday through Friday. PSE and the City will mutually agree to weekly
work schedules for the Construction Work. PSE shall be allowed to perform PSE work as
scheduled without changes or interruptions caused by other construction activities.
3. PSE customers within the Conversion Area will experience interruption of electric service
during performance of the Construction Work when cutting over and transferring system and
customer loads from the overhead distribution system to the Underground Distribution
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System. Cut-over and transfer work will be performed during the regular working hours
specified in Schedule Assumption #2 above except as otherwise provided below. PSE will
notify customers at least two (2) business days in advance of scheduled service interruptions.
Additional Considerations
Service Lines
Service lines within the Conversion Area must be modified or replaced to provide underground
service from the Underground Distribution System as listed below. Performance of the work and
associated costs shall be governed by PSE Tariff Schedule 85.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE' s "Electric Distribution Trench/Duct/Vault Construction Standards, 2013". All relevant
PSE standard described above are attached to this Project Plan by this reference.
Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported (held) due to excavation in
proximity to such poles, the City will coordinate with PSE to provide such support. The need to
temporarily support such poles shall be determined by PSE, and if required, such support shall be
provided by PSE. As used herein, "temporary support" means supporting one or more poles for
a continuous working period of ten hours or less.
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Acce ptance of Pro ject Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By:____________
Its:____________
Date:__________
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SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: S. 218th Street – 88th Ave. S. to 94th Place S. Sch. 74
Project Number: 101103886
THIS Agre ement, dated as of this ___ day of _________, 2018, is made by and between The
City of Kent, a Municipal cooperation (the “Governrnent Entity"), and PUGET SOUND ENERGY, Inc., a
Washington Corporation (the "Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area") with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of June 26, 2017 (the "Design Agreement"), pursuant to which the parties
completed certain engineering design, cost assessment, operating rights planning and other preliminary
work relating to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74.
AGREEMENT
The Government Entity and the Company therefore agree as follows :
1. Definitions.
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
Construction Agreement, Attachment "B" to Schedule 74, Page 1
City of Kent South 218th Street Sch. 74 101103886
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agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being replaced.
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government-Requested Upgrade.
(i) "Party" shall mean either the Company, the Government Entity, or both.
U) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii) the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(I) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
Construction Agreement, Attachment "B" to Schedule 74, Page 2 City of Kent
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pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which are
attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement.
(q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Ob ligations of the Company.
Construction Agreement, Attachment "B" to Schedule 74, Page 3
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101103886
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obligations of the Government Entity .
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work"):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards) with the
Underground Distribution System or the installation or maintenance thereof. Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and the
Government Entity shall be responsible for the coordination of the design and installation of the
facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i) the Government Work completed to date, (ii) the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
Construction Agreement, Attac hment "B" to Schedule 74, Page 4
City of Kent South 218th Street – 88th to 94th Sch. 74
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Construct ion Agreement, Attachment "B" to Schedule 74, Page 5
City of Kent South 218th Street – 88th to 94th Sch. 74 101103886 Page 5
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6. Changes.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
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Construction Agreement, Attachment "B" to Schedule 74, Page 6
City of Kent South 218th Street – 88th to 94th Sch. 74
101103886
Page 6
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost,
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade.
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
33
Construct ion Agreement, Attac hment "B" to Schedule 74, Page 7
City of Kent South 218th Street – 88th to 94th Sch. 74 101103886 Page 7
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
8. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
34
Construct ion Agre ement , Attachment "B" to Schedule 74, Page 8
City of Kent South 218th Street – 88th to 94th Sch. 74 101103886 Page 8
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons' and entities' Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty (20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 1O(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
35
Construction Agreement, Attachment "B" to Schedule 74, Page 9
City of Kent South 218th Street - 88th to 94th Sch. 74
101103886
Page 9
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. Insurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $1,000,000 per
occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of $1,000,000
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Agreement Subiect To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination . The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
36
Construction Agreement, Attachment "B" to Schedule 74, Page 10
City of Kent South 218th Street – 88th to 94th Sch. 74 101103866 Page 10
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15.000 Volt s . Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Independent Contractor . The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries . There are no third-party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
U) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
37
Construct ion Agreement, Attac hment "B" to Schedule 74, Page 11
City of Kent South 218th Street – 88th to 94th Sch. 74 101103886 Page 11
h
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
(I) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows:
If to the Government Entity: City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: Stephen Lincoln
Fax: 253-856-6500
If to the Company: Puget Sound Energy, Inc.
6905 South 2281 Street
Kent Washington 98032
Attn: Dennis Booth
Phone Number: 425-417-9188
Any Party may change its address specified in this Section 13(1) by giving the other Party notice of
such change in accordance with this Section 13(1).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written or oral, with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
38
Gost Summary Table
Revision 31912018
General Gontractors--BlD COSTS
2l Bth
TotalCosts
Totals 13,274 $64,607 4,957 ,838
Notes:
- Costs are based on shared trench cost between trench participants.
Centurylink pays for the percentage of total number of conduits---Ex COMCAST 2 conduits total B lS 25%
Centurylink share lN NON SCHEDULE 74 WORK lS BASED ON NUMBER OF UTILITIES lN TRENCH)
See pages Sand 6.
- City pays 100o/o lor PSE power's trench cost per schedule 74.
- City pays 40o/o for PSE vault and conduit work (conversion cost) per schedule 74.
C:\Users\wwakefield\AppData\Local\Microsoft\Windows\Temporary lnternet Files\Content.Outlook\RND8M07F\Centurylink2l Bth JUT Revised Mar 9
3129120182:23 PM Cost.xls
Trenchinq
Vault and Conduit
lnstallation
Engineering Design,
Coordination and
lnspection Total Balance Due
PSE GAS $o $o $o $0
PSE Power $364,007 $364,007
Century Link $140,416 $37,005 $8,567 $185,988
Comcast $108,851 $27,602 $6,390 ç'142,843
2
39
JOINT TRENCH AGREEMENT
Between the City of Kent and CenturyLink
for the L.I.D. 363 - S. 218th Street Project
(88th Avenue S. to 94th Place S.)
This Agreement is between the City of Kent, a Washington municipal corporation
(“City”), and CenturyTel Services Group, LLC, a Louisiana Limited Liability Company
(“CenturyLink”).
RECITALS
A. The City is making right-of-way improvements to S. 218th Street.
B. These right-of-way improvements require CenturyLink to relocate its authorized
underground facilities that are currently in conflict with this project, pursuant to RCW 35.99.060.
C. Relocation of these facilities requires trenching within the right-of-way and the
parties recognize the efficiencies of entering into an agreement to dig one trench in which all
parties will relocate their facilities.
AGREEMENT
To facilitate construction of a joint trench, the parties agree as follows:
1. SCOPE OF WORK
The City of Kent will advertise for construction bids and enter into a contract with a
Contractor for the construction of a joint utility trench (“Trench”) which may include Comcast,
CenturyLink and PSE power facilities. This Trench will be located along the south side of S.
218th Street, between 88th Avenue S. and 94th Place S. as referenced in the plan sheet attached as
exhibit A and incorporated by this reference. It is anticipated that there will be three (3)
crossings of the Trench across S. 218th Street to serve customers on the north side of the street.
All utilities that cross S. 218th Street shall use these trenches.
2. CONTRACTOR REQUIREMENTS
The independent contractor hired by the City to perform this work is referred to as “the
Contractor” in this Agreement. The Contractor, pursuant to a contract with the City, will be
responsible for constructing the Trench and installing Comcast, CenturyLink and PSE power
facilities; accommodating and coordinating the installation of CenturyLink facilities; installing
the bedding material, backfilling and compacting the Trench; and performing any restoration
required by the City. The City represents that any such contract shall further require that the
Contractor’s work be performed in a good and workmanlike manner consistent with industry
40
standards and conducted in conformity with (i) the applicable procedures and requirements of the
parties as described herein; (ii) all applicable laws, ordinances and regulations of any
governmental authority, and; (iii) all applicable terms and provisions of the National Electric
Safety Code, as may be amended, supplemented or replaced from time to time, including but not
limited to those pertaining to protection and separation of conductors buried in earth.
3. RESPONSIBILITY OF THE PARTIES
3.1 Drawings. CenturyLink shall provide engineering drawings, specifications,
construction standards, estimated material quantities, and cost estimates to the City for
the underground relocation of CenturyLink’s facilities. The drawings shall show in detail
the location and elevation of the conduits, trench, and vaults.
3.2 Provision of Conduit and Vaults. CenturyLink shall provide conduit for
installation by the Contractor in the Trench and shall furnish and deliver all vaults to the
site for installation by the Contractor. CenturyLink shall schedule all deliveries in a
timely manner as outlined in subsection 3.4, so as not to delay the Contractor.
3.3 Traffic Control. The Contractor shall perform all traffic control associated with
installation of facilities within the Trench. CenturyLink shall be responsible for
providing traffic control during installation of facilities not located within the Trench.
3.4 CenturyLink Coordination. The Contractor will install CenturyLink’s conduit in
the Trench and in the street crossings. The Contractor will excavate for and place
CenturyLink vaults in the Trench including bedding and backfill.. CenturyLink shall
maintain continued coordination with the Contractor regarding the installation of
CenturyLink’s facilities and shall coordinate closely with the Contractor to provide all
necessary materials on-site in a timely manner.
3.5 Removal of Affected Facilities. Parties acknowledge and agree that
CenturyLink shall in no event be required to remove its respective, affected facilities,
prior to completion of its underground facilities, in accordance with this Agreement, as
long as the installation is completed in conformity with this Agreement.
.3.6 Surveys. The City shall provide the survey for the location of the Trench and
vaults.
3.7 Title to Facilities. All rights, title and interest in the facilities and associated
equipment shall at all times remain with CenturyLink.
3.8 Election Not to Proceed. If CenturyLink elects not to participate in the joint
utility trench, CenturyLink shall obtain a permit from the City and remain liable for completing
all work in accordance with the letter sent to CenturyLink dated September 27, 2017 and
attached to this agreement.
41
4. COMPENSATION
4.1 Trench costs. CenturyLink shall pay the City a portion of the Trench costs,
commensurate with its proportionate share of Trench usage, including street crossings, as
shown in Exhibit B attached hereto and incorporated by this reference. Preliminary costs
will be agreed upon prior to construction based on an estimate from the bid accepted by
the City. Costs will be finalized after completion of construction to account for actual
construction costs.
4.2 Survey. CenturyLink shall pay the reasonable costs for the City surveyor’s time
to provide vault locations and elevations and any other survey that may be required to
locate and place CenturyLink facilities.
4.3 Traffic Control. CenturyLink shall pay a proportionate share of traffic control
costs related to the construction of the Trench where CenturyLink facilities are included.
The proportionate share will be based on trench usage as shown in Exhibit B.
CenturyLink shall pay for all traffic control during the installation of CenturyLink
facilities, not associated with the Trench.
4.4 Additional Expenses. CenturyLink agrees to pay its proportionate share of
additional expenses incurred due to all CenturyLink’s approved change requests requiring
additional trench depth or width and for unforeseen conditions, including but not limited
to dewatering for ground water. CenturyLink is not obligated to pay for additional
expenses incurred due solely to approved change requests from other private utilities
and/or the City.
4.5 Claims by Contractor. CenturyLink agrees to pay the entire cost of any claims
made by the contractor for damages that are proximately caused by CenturyLink. These
claims may include delays caused by the installation of CenturyLink facilities, delays
caused by CenturyLink providing materials, or any other conflicts between the Contractor
and CenturyLink or any of its contractors.
4.6 Vaults. CenturyLink agrees to pay for the excavation, site preparation, and
installation of its vaults, including bedding and backfill, separately and in addition to any
survey costs and Trench costs discussed above. These additional costs shall be
preliminarily determined from the bid price accepted by the City. The cost to excavate
for and install CenturyLink’s vaults will be finalized after completion of construction to
account for actual construction costs.
42
4.7 Invoice. CenturyLink shall pay the City within sixty (60) days of submittal by the
City of an itemized billing for CenturyLink’s proportionate share of all actual, identified
expenses incurred by the City or the Contractor in constructing the Trench.
4.8 Defective or Unauthorized Work. Per the terms of the agreement between the
City and Contractor, CenturyLink reserves the right to withhold payment from the City
for any defective or unauthorized work performed by the Contractor. Defective or
unauthorized work includes, without limitation: work and materials that do not conform
to the requirements of this Agreement, and extra work and materials furnished without
CenturyLink’s approval. If for any reason it is necessary to satisfactorily complete any
portion of the work, CenturyLink may complete the work using its own means.
4.9 Final Payment/Waiver of Claims. The making of final payment by the parties
shall constitute a waiver of claims by the Contractor, except those previously and
properly made and identified by the Contractor as unsettled at the time request for final
payment is made.
5. CHANGES.
CenturyLink shall submit any changes requested to be performed by the Contractor to the
City. The City shall submit this to the Contractor, obtain a price from the Contractor to perform
the work, and notify CenturyLink of this price. CenturyLink shall then have 24 hours from the
time it receives the price from the City to respond. If CenturyLink chooses not to accept the
Contractor’s price, then this work shall only be performed by CenturyLink according to a
mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor.
6. INDEMNIFICATION; LIENS AND ENCUMBRANCES.
Each party shall defend, indemnify and hold the other party, its officers, officials,
employees and agents harmless from any and all claims, injuries, damages, losses or suits
including all legal costs and attorney fees, arising out of or in connection with the performance
of the party’s work required under this Agreement, except for injuries and damages caused by
the negligence or willful misconduct of the other party.
The indemnification from CenturyLink to the City shall include all claims, injuries,
damages, losses or suits from third parties arising out of the fact that the specific portion of the
trench at issue was being made available to CenturyLink by the contractor, except for injuries
and damages caused by the negligence or willful misconduct of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the parties, its
43
officials, employees and agents, a party’s liability hereunder shall be only to the extent of the
party’s negligence. The provisions of this section shall survive the expiration or termination of
this Agreement.
No party, directly or indirectly, shall create or impose any lien on the property of another,
or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party
shall promptly, at its own expense, take such action as may be necessary to duly discharge any
lien created by it on the property of another.
7. INSURANCE.
7.1 The Contractor shall maintain in full force and effect at its own cost insurance of
the types and in the amounts described below against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the work by the
contractor, its agents, representative, employees, sub consultants or subcontractors:
(a) Commercial General Liability insurance with limits of no less than five million
dollars ($5,000,000.00) per occurrence and five million dollars ($5,000,000.00) general
aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01 1/96 or
its equivalent and include severability of interests. Coverage shall include, but not be
limited to: blanket contractual, Products/Completed operations/broad form property
damage; explosion, collapse and underground (XCU); and employers liability. Such
insurance shall name the City, its officers, officials and employees as additional insureds
per ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and rights of
recovery against the City, its officers, officials and employees. Coverage shall apply as
to claims between insureds on the policy, if applicable. Coverage may take the form of a
primary layer and a secondary or umbrella layer, but the combination of layers must
equal $5,000,000 at a minimum.
(b) Commercial Automobile Liability insurance with minimum combined single
limits of one million dollars ($1,000,000.00) each occurrence with respect to each of
Contractor’s owned, hired and non-owned vehicles assigned to or used in the operation of
this contract in the City. The policy shall contain a severability of interests provision.
(c) The insurance shall not be canceled or materially changed so as to be out of
compliance with these requirements without thirty (30) days' written notice first provided
to the City, via certified mail, and ten (10) days' notice for nonpayment of premium. If
the insurance is canceled or materially altered so as to be out of compliance with the
requirements of this subsection within the term of this contract, Contractor shall provide a
replacement policy. Contractor agrees to maintain continuous uninterrupted insurance
coverage, in at least the amounts required, for the duration of this contract.
44
7.2 Deductibles / Certificate of Insurance. Any deductible of the policies shall not in any
way limit Contractor's liability to the City.
7.3 Endorsements. All policies shall contain, or shall be endorsed so
that:
(a) The City, its officers, officials, boards, commissions, employees and
agents are to be covered as, and have the rights of, additional insureds
with respect to liability arising out of activities performed by, or on
behalf of, Contractor under this contract;
(b) Contractor’s insurance coverage shall be primary insurance with respect
to the City, its officers, officials, boards, commissions, employees and
agents. Any insurance or self-insurance maintained by the City, its
officers, officials, boards, commissions, employees and agents shall be
in excess of the Contractor's insurance and shall not contribute to it; and
(c) Contractor's insurance shall apply separately to each insured against
whom a claim is made or lawsuit is brought, except with respect to the
limits of the insurer's liability.
7.4 Acceptability of Insurers. The insurance obtained by Contractor shall be placed
with insurers with a Best's rating of no less than "A VII."
7.5 Verification of Coverage. The Contractor shall furnish the City with certificates
of insurance and endorsements or a copy of the page of the policy reflecting blanket
additional insured status. The certificates and endorsements for each insurance policy are
to be signed by a Person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements for each insurance policy are to be on standard forms or
such forms as are consistent with standard industry practices.
8. FRANCHISE AGREEMENT.
The City and CenturyLink agree that as to future projects, by entering into this
Agreement neither party has waived any rights it may have under the existing franchise
agreement between The City and CenturyLink, and expressly herein reserve such rights.
Notwithstanding anything in this Agreement to the contrary, CenturyLink’s participation in the
joint trench activity contemplated in this Agreement, and its very participation in this
Agreement, shall in no event be construed as acceptance, affirmation or ratification of the City’s
construction of CenturyLink’s obligation to underground its facilities and enter into a writing
pursuant to the franchise agreement, and parties understand and agree that the terms and
conditions of this Agreement shall not be considered as a basis for future undergrounding
projects that may be franchise-required.
45
9. MISCELLANEOUS.
9.1 Compliance with Laws. The parties shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Agreement.
9.2 Nonwaiver of Breach. The failure of a party to insist upon strict performance of
any of the terms and rights contained herein, or to exercise any option herein conferred in one or
more instances, shall not be constructed to be a waiver or relinquishment of those terms and
rights and they shall remain in full force and effect
9.3 Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the parties or between
any party and the contractor under any of the provisions of this Agreement, resolution of that
dispute shall be available only through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
9.4 Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any
claim or lawsuit for damages arising from the parties’ performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending
or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party’s right
to indemnification under Section 8 of this Agreement.
9.5 Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of this Agreement, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3) calendar days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if
sent to the addressee at the address stated on this Agreement.
9.6 Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized representative
of each of the affected parties.
9.7 Severability. If any one or more sections, sub-sections, or sentences of this
Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this Agreement and the remainder shall remain in full force and effect.
9.8 Relationship. It is understood and agreed that no agency, employment, joint
venture, co-employer or partnership is created by this Agreement. No party shall (i) have the
power or authority to act for another in any manner to create obligations or debts which would be
binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of
another.
46
9.9 Force Majeure. A party will not be in breach of this Agreement if unable to
perform its respective obligations as a result of the occurrence of an event of “force majeure,”
which shall include, but not be limited to, acts of God, acts of the government of the United
States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire,
floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes
or other causes beyond the parties’ reasonable control. The scope of events of force majeure
shall not extend to payment of money owed hereunder.
9.10 Entire Agreement. The written provisions and terms of this Agreement, together
with any attached Exhibits, supersede all prior verbal statements by any representative of
the City, and those statements shall not be construed as forming a part of or altering in
any manner this agreement. This Agreement and any attached Exhibits contain the entire
Agreement between the parties. Should any language in any Exhibit to this Agreement
conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
47
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CENTURYLINK CITY OF KENT
Print Name: ______ Print Name:
Title: ____________ Title:
DATE DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CENTURYLINK CITY OF KENT
CenturyLink City of Kent
23315 66th Ave S 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
Attn: Alex Harb Attn: Chad Bieren
(206) 345-4476 (Desk) (253) 856-5534 (Desk)
(253) 831-0395 (Cell) (253) 856-6500 (Fax)
With a copy to: APPROVED AS TO FORM:
CenturyLink
23315 66th Ave. S.
Kent, WA 98032
Attention: Jason Tesdal Kent Law Department
48
Exhibit A
S. 218th Street Plan Sheet
49
Gost Summary Table
Revision 31912018
General Gontractors--BlD COSTS
2l Bth
TotalCosts
Totals 13,274 $64,607 4,957 ,838
Notes:
- Costs are based on shared trench cost between trench participants.
Centurylink pays for the percentage of total number of conduits---Ex COMCAST 2 conduits total B lS 25%
Centurylink share lN NON SCHEDULE 74 WORK lS BASED ON NUMBER OF UTILITIES lN TRENCH)
See pages Sand 6.
- City pays 100o/o lor PSE power's trench cost per schedule 74.
- City pays 40o/o for PSE vault and conduit work (conversion cost) per schedule 74.
C:\Users\wwakefield\AppData\Local\Microsoft\Windows\Temporary lnternet Files\Content.Outlook\RND8M07F\Centurylink2l Bth JUT Revised Mar 9
3129120182:23 PM Cost.xls
Trenchinq
Vault and Conduit
lnstallation
Engineering Design,
Coordination and
lnspection Total Balance Due
PSE GAS $o $o $o $0
PSE Power $364,007 $364,007
Century Link $140,416 $37,005 $8,567 $185,988
Comcast $108,851 $27,602 $6,390 ç'142,843
2
50
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: April 2, 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. The
proposed contract modification addresses costs that will be incurred to finish the design
based on comments from permitting agencies.
EXHIBITS: Contract
BUDGET IMPACT: This project is included in the Drainage Master Plan and the Drainage
Capital budget.
STRATEGIC PLAN GOAL(S):
☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging
technologies, and fostering new opportunities and industries that benefit our community.
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
Motion: Move to recommend Council authorize the Mayor to sign a contract
agreement with AECOM for Engineering Services in the amount of $107,452.51,
for the completion of the design of the Upper Mill Creek Dam project, subject to
final terms and conditions acceptable to the City Attorney and Public Works
Director.
51
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52
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
AECOM Technical Services, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and AECOM Technical Services, Inc. organized under the laws of the State of
California, located and doing business at 1111 3rd Ave., Suite 1600, Seattle, WA 98101-1616, Phone:
(206) 438-2605, Contact: Rod Denherder (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The Consultant shall provide design engineering services for the Upper Mill Creek Dam
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, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
One Hundred Seven Thousand, Four Hundred Fifty Two Dollars and fifty one cents
($107,452.51), 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 A.
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:
53
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.
54
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 B attached and incorporated by
this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the 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
55
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.
/ /
/ /
/ /
/ /
/ /
/ /
56
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:
Rod Denherder
AECOM Technical Services, Inc.
1111 3rd Ave., Suite 1600
Seattle, WA 98101-1616
(206) 438-2605 (telephone)
(866) 495-1422 (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
AECOM - Upper Mill Crk Dam 3/Lincoln
57
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: _________________________________________
58
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.
59
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: _________________________________________
60
Exhibit A
PROFESSIONAL ENGINEERING SERVICES
UPPER MILL CREEK DAM IMPROVEMENTS
SGOPE OF WORK
March 22,2018
The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood
capacity of Upper Mill Creek storage facilities was reviewed. "High" priority was assigned to
these facilities because flooding of these structures may cause risks to public safety, major
roadway transportation, emergency vehicle access, the business community, and water quality.
Under this scope, AECOM will assist the City with remaining design elements in order to receive
the dam safety permit and prepare "Ready to Advertise' (RTA) drawings and specifications.
PROJECT WORK ELEMENTS
The following tasks are included in the scope of work:
. Task I - Project Management. Task 10 - Bid Set Completion
Task I - Project Management
Project activities will be coordinated and directed with the goal of completing all work within
budget and schedule and meeting City objectives and expectations. Coordination and liaison
with the City will be biweekly to ensure that the objectives are met. Two (2) in-person
coordination meetings are anticipated, one at midpoint and the final review meeting.
Prior to starting work on any activities outlined within this Task, AECOM will request a notice-to-
proceed from Kent, and Kent will provide this notice to AECOM before work can begin.
Progress, schedule, and budget will be monitored weekly. AECOM will provide Kent a set of
progress Plans and Specification every two weeks, so that Kent can verify that the work is
progressing accurately and efficiently. lnvoices will be generated every four weeks. Monthly
progress reports will be provided summarizing work completed during the performance period
and showing used and available budgets.
AECOM will conduct in-house quality control reviews and independent technical reviews for all
deliverables prior to submittal to the City. All review comments will be documented and
addressed.
Work includes project management scope and budget through the completion of the final RTA
bid package. The scope does not include engineering services during the bid, award, and
construction phases of the project.
Deliverables:
. Monthly status reports/invoices
61
Exhibit A
Task l0 - Bid Set Completion
Work associated with this task includes revisions to drawings and specifications to a "RTA"
condition and associated activities as described below.
Prior to starting work on any activities outlined within this Task, AECOM will request a notice-to-
proceed from Kent, and Kent will provide this notice to AECOM before work can begin.
Task 10.1 - Revise documents to address City requests and comments and to provide a
package to the Dam Safety Office (DSO) for review. The scope of work includes the following
subtasks:
1. Respond to additional review comments provided December 15,2017.
2. Provide design for removable guardrails on north side of Fish Ladder (Sections A, B & C,
Sheet S14).
3. Provide grating/walkway and removable guardrails along fish screen entrance to
Diversion Structure (Sheet 513, Section C on Sheet S15 and Sheet M08).
4. Design new wall downstream of Fish Ladder to retain ramp (Sheet S13 and Section E on
Sheet S16).
5. Revise lmpact Stilling Basin configuration to eliminate need for additional ROW to the
West of 104th. Revise hydraulic analysis for DSO review. (Sheets 506, SO9, & S18).
6. Revise lmpact Stilling Basin design to lower it for improved sightlines on roadway (Sheet
S09 and 518).
7. Add HDPE closure between slide gate and trash rack at entrance to Fish Ladder (Detail
1, Sheet M04).
8. Provide Debris Cage Lid with access door (Detail 1, Sheet M02).
9. Provide guidance for demolition plans (C drawings) and add notes on S drawings as
appropriate.
Task 10.2 - Respond to Outstanding Comments
1. Specification of a seal (Sheet S07 and Note 1 on Sheet S0B).
2. Respond to comments regarding Waterman Gate and actuator coordination.
3. Respond to City comments from drawing set submitted to DSO in February 2018
4. Finalize CommenUResponse form.
Task 10.3 - Complete Bid Set - Civil Drawings (City)
1. Review and comment on City's General and Civil drawings for consistency with S and M
drawings.
Task 10.4 - Complete Bid Set - Structural Drawings
1. Modify for consistency with updated Civil and Metal drawings.
a. Revise S01 to include special inspections and other DSO requirements for
inspections.
2. Complete incorporation of City comments.
2
62
Exhibit A
Task 10.5 - Complete Bid Set - Metal Drawings
1. Make the following revisions to the Debris Cage as requested by the City
a. Add interior and exterior WISHA compliant ladders with 24" wide interior ladder to
accommodate ladder ups. Enlarge opening and Debris Cage as needed to
accommodate ladders, however keep Debris Cage size to fit within existing concrete
slab footprint.
b. Add removable guardrails around the top of the Debris Cage. Provide theft deterrent
connection for removable guardrails using unique bolt heads.
c. Revise lid to be comprised of removable grating and hinged grating to serve as an
access hatch at the interior ladder. Revise framing at the top of the Debris Cage.
Coordinate with City to determine location of hinged grating and swing direction.
2. Complete calculations for Debris Cage and organize the structural calculation package
including the calculations for the DSO changes.
Task 10.6 - Complete Bid Set - Electrical Drawings
1. Review and modify Electrical Drawings for consistency with updated S and M drawings
Task 10.7 - Complete Bid Set - Specifications
1. Update specifications to address comments and incorporate changes as needed for
consistency with updated S and M drawings.
2. Special inspections required by DSO for the MSE dam and structural elements shall be
listed in the specifications.
3. Assume City to format and incorporate with City front end portion of the specifications.
Task 10.8 - Complete Bid Set - Cost Estimate
1. Update quantities to reflect changes to lmpact Stilling Basin, grates, guardrails, and
retaining wall at the Diversion Structure.
2. Update estimated construction costs.
Task 10.9 - Review City Responses to Dam Safety Comments
1. Per City direction, assume that City will address outstanding administrative comments
and DSO requirements. Scope limited to reviewing City's responses.
Task 10.10 - lnternalQuality Review
1. Perform an lndependent internal Quality Review of the final bid set package and
document the review process to veriff that all comments are satisfactorily addressed.
Task 10.1 1 -Bid Package Review Conferences
1. Participate in midpoint meeting with City to review progress bid set drawing and
specification package.
2. Participate in meeting with City to review final bid set drawing and specification package
-t
63
Exhibit A
Task 1 0.12 - Respond to City Comments from Review Conferences
1. Respond to new City comments from the progress and final review meetings. One set of
new, combined comments from the City are assumed after each meeting. Comments are
assumed to be minor in nature, with no additional design required.
Task 10.13 - Finalize Ready to Advertise Package
1. Address and incorporate final minor comments from City.
2. Update title blocks, stamps and signatures.
3. Assume PDF copy will be sufficient for City and wet-signed hard copy not required
4. Print and provide final bid set drawings for submittal to DSO.
Deliverables:
. Final Ready to Advertise Package - Drawings and Specifications
. Full size printed hard copy drawings for DSO
. Complete Final Design package to DSO
ESTIMATED SCHEDULE
The following table summarizes the estimated schedule for completing the remaining work to
deliver the Final RTA Package to the City. The schedule is based on an assumed receipt of
Notice to Proceed, and assumes that final comments from the City will be provided in a timely
manner as indicated. Based on these assumptions, the tentative date for Advertising for bids is
May 28,2018.
Milestone Date
Notice to Proceed April9,2018 (assumed)
Progress Drawings and Specifications to
Citv April 23 (14 days after NTP)
Midpoint Progress Review Conference
and City Proqress Comments to AECOM
April 30 (7 days following delivery of Progress
Set)
Final Drawing and Specifications to City May 7 (7 days after conference/comments)
Final Review Conference and City Final
Review Comments
May 14 (7 days following delivery of Final
Drawinqs and Specifications)
Response to Final City Comments May 21 (7 days after receipt of comments)
Final Ready to Advertise Package May 24 (10 days after receipt of comments)
Advertise for Bids May 28 (tentative)
4
64
EXHIBIT A
UPPER MILL CREEK DAM IMPROVEMENTS
BUDGET ESTIMATE
For: City of Kent Public Works Department
By: AECOM
Task
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01000 Proiect Manaqement
Monthlv invoices and orooress reoorts. oroiect controls I 4 I 20 s 2.725.O0
Subtotal - Task 01000 20 $2.725.00
10000 FinalBid Set
Task 10.1 - Complete DSO document review set 17 10 141 10 22 36 2 4 l8 64 5 329 $s2,814.65
Task 10.2 - Respond to outstandinq comments 4 I 4 4 20 $3,273.56
Task '10.3 - Complete Bid Set - Review Citv Drawinqs 2 2 4 2 2 12 $2.099.28
Task 10.4 - Comolete Bid Set - Structural 2 12 2 b 14 36 s 5.634.96
Task 10.5 - Complete Bid Set - Metal 4 2 16 14 36 $5,454.96
Task 10.6 - Complete Bid Set - Electrical I 2 4 4 I 2 21 $3,565.'18
Task '10.7 - Comolete Bid Set - Specifications 4 2 I 8 I 2 2 34 s 5.979.28
Task '10.8 - Complete Bid Set - Cost Estimate 2 2 4 4 4 6 22 $3.240.34
Task '10.9 - Review Citv Responses to DSO Comments 2 4 6 $'1,065.00
Task 10.10 - lnternal Qualitv Review 4 4 24 32 $6.490.00
Task 10.11 - Proqress and Final Drawinq Review Conference 4 8 4 4 8 28 $4.791.72
Task 10.12 - Respond to City Comments on Progress & Final Bid
Packaoe 2 2 I 4 4 2 I 30 $4,962.68
Task '10.'l 3 - Finalize Readv to Advertise Packaoe 2 2 4 2 2 2 2 16 4 36 $5,155.90
Direct Costs $200.00
Subtotal - Task 10000 642 $104.727.51
Total 34 21 22 210 14 68 4 84 6 14 28 138 '19 662 s '1o7.452.51
3t22t2018 Page 1 of '1
65
EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 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.
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.
66
EXHIBIT B (Continued)
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. 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.
67
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68
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: April 2 2018
TO: Public Works Committee
FROM: Kelly Peterson, AICP, Transportation Manager
SUBJECT: 2019-2021 Regional Mobility Grant (RMG)
SUMMARY: WSDOT Regional Mobility Grants support local efforts to improve transit
mobility and reduce congestion on heavily traveled roadways. Transit agencies are typically
awarded funds, but are able to partner with local jurisdictions on grant applications.
Three “Project Concept” letters for the 2019-2021 Regional Mobility Grant were submitted as
place of address to ensure the City’s projects would be eligible to apply for funding.
Applications are due in July. King County METRO has offered to provide matching funds if
projects are awarded. Agreements with Metro may be required if grants are awarded for any
of the City’s proposed projects. The 3 projects are as follows:
1. Kent Transit Center Access, Mobility and Safety Improvements
• New eastbound right-turn lane on James Street
• Extension of the eastbound bicycle facility on James Street
• Improved pedestrian facilities on James Street.
2. City of Kent transit facility passenger amenities and access improvements for future
Auburn to Renton RapidRide(2021/2022)
• Improved pedestrian/bicycle facilities, shelters, real time arrival information, lighting,
off-board payment kiosks, and other improvements
3. Kent Transit Center access and mobility improvements through ITS applications and rail -
signal interconnection
EXHIBITS: WSDOT Project concept letters
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
Information Only/No Motion Required
69
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70
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 1
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM
CONCEPT LETTER
In order to apply for a 2019‐2021 Regional Mobility Grant (RMG), potential applicants must submit a project
concept letter. This project concept letter is due by March 1, 2018. Formal grant applications will be available June
1, 2018, and will be due on July 13, 2018.
Eligibility: cities, counties, ports, and transit agencies in Washington state.
Directions for submitting this concept letter:
• Download (save a copy of) this file to your computer and fill it out.
• Once completed, save it, and send it electronically to PTDGrants@wsdot.wa.gov. Subject line: RMG
Concept Letter
Organization Name
City of Kent
Contact information (project contact name, position title, phone number, email)
April Delchamps, Senior Transportation Planner, 253‐856‐5564, adelchamps@KentWA.gov
What is the proposed project name?
Kent Transit Center Access, Mobility and
Safety Improvements
What is the preliminary project cost? How much will be requested from the RMG program?
$ 3 Million $ 2.4 Million
Type of project (check all that apply) Approximate percent of total project
___ Operating
_X_ Construction 95%
_X_ Equipment/Vehicles 5% (Rail Crossing Equipment)
___ Transportation Demand Management
Using the following TSMO Planning and Implementation Website, identify/define which TSMO solutions are
being considered for your project.
Geometric Improvements – Turn lanes; Bicycles and pedestrians
Description of project – What is the purpose of this project? What transportation performance problem is the
proposed project aiming to address?
71
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 2
The purpose of this project is to improve mobility for transit vehicles, bicyclists, and pedestrians accessing the
Kent Transit Center via James Street. Kent Station and the Kent Transit Center serve as a vital transportation
hub for the south King County region. In addition to Sound Transit Sounder service, currently a King County
Metro or Sound Transit bus accesses the transit center once per minute during the peak period. By 2040, a bus
will access the transit center at this regional hub every 30 seconds during peak periods. Additionally Sound
Transit will increase Sounder Commuter Rail service along this corridor as part of ST3 program..
James Street in the vicinity of Kent Station has high congestion and low mobility during peak periods. Eastbound
James Street approaching Central Avenue has large queues and poor level of service. James Street has two
eastbound travel lanes through the BNSF rail crossing. A short eastbound left and right turn lane approaching
Central Avenue starts at Railroad Avenue. Geometrics on E James Street west of Railroad Avenue N are
constrained by the close proximity of the Washington Cold Storage Inc. building on the south side of E James
Street. Improved bicycle and pedestrian facilities in this area are needed.
As part of the Sound Transit 2 funding package, Sound Transit is in the process of acquiring property including
the Washington Cold Storage parcel as part of a plan to construct a new 500 stall parking structure serving the
Kent Transit Center and Kent Station. The new parking garage is scheduled to open in 2024 with planning and
design work underway. This effort may also realign Railroad Avenue farther to the west (adjacent to the BNSF
facility).
With the ROW constraint eliminated, this project will further improve mobility by creating an eastbound right‐
turn lane on E James Street to Railroad Avenue N extending from 1st Avenue N to the realigned Railroad Avenue
N. This turn lane will improve speed and reliability for eastbound transit vehicles accessing the Kent Transit
Center via Railroad Avenue as well as general purpose traffic including users of the new parking structure. This
project will also extend the eastbound bicycle facility on James Street that currently terminates approaching the
1st Avenue N intersection. In addition, improved pedestrian facilities are planned along the south and north
side of James Street, improving mobility and safety for these users.
Using the Corridor Sketch Summary Viewer, identify the corridor number(s) impacted by your project. If your
project is not on the state highway system, identify other roads/intersections.
E James Street from 1st Avenue N to Central Avenue N.
What customer base is this project meant to serve?
This project will improve mobility for transit users, carpools, freight, and single occupant vehicles traveling
eastbound on the James Street corridor. In addition, pedestrian and bicyclists will see improved facilities on
James Street. Those users accessing Railroad Avenue via multiple modes (mostly transit users) will see the
highest benefit, but all area users will see an increase in mobility.
Have there been discussions and coordination with WSDOT regional staff on this project concept? If so, who at
WSDOT has been involved?
No
72
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 3
Are there other organizations/modes (MPO, RTPO, local jurisdictions, transportation service providers) that
could be affected by this proposal (positively and/or negatively)? If so, with whom have you discussed the
proposed project concept?
The project will require coordination with BNSF, Sound Transit, King County Metro, PSRC, WSDOT, local
property owners, and the City of Kent. The proposed project will be coordinated with all impacted jurisdictional
partners, with no expected negative impacts.
Send your completed form to PTDGrants@wsdot.wa.gov by March 1, 2018.
Questions? Call Nicole Patrick at 360‐705‐6930 or Alan Soicher at 360‐705‐7917.
73
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 1
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM
CONCEPT LETTER
In order to apply for a 2019‐2021 Regional Mobility Grant (RMG), potential applicants must submit a project
concept letter. This project concept letter is due by March 1, 2018. Formal grant applications will be available June
1, 2018, and will be due on July 13, 2018.
Eligibility: cities, counties, ports, and transit agencies in Washington state.
Directions for submitting this concept letter:
• Download (save a copy of) this file to your computer and fill it out.
• Once completed, save it, and send it electronically to PTDGrants@wsdot.wa.gov. Subject line: RMG
Concept Letter
Organization Name
City of Kent
Contact information (project contact name, position title, phone number, email)
April Delchamps, Senior Transportation Planner, 253‐856‐5564, adelchamps@KentWA.gov
What is the proposed project name?
Kent Transit Center access and mobility
improvements through ITS applications
and rail‐signal interconnection
What is the preliminary project cost? How much will be requested from the RMG program?
$ 5 Million $ 4 Million
Type of project (check all that apply) Approximate percent of total project
___ Operating
_X_ Construction 95%
_X_ Equipment/Vehicles 5% (Signal Equipment)
___ Transportation Demand Management
Using the following TSMO Planning and Implementation Website, identify/define which TSMO solutions are
being considered for your project.
ITS & Signal Improvements
74
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 2
Description of project – What is the purpose of this project? What transportation performance problem is the
proposed project aiming to address?
The purpose of this project is to improve mobility for transit vehicles in the vicinity of the Kent Transit Center on
the Central Avenue corridor. Kent Station and the Kent Transit Center serve as a vital transportation hub for the
south King County region. In addition to Sound Transit Sounder service, currently a King County Metro or Sound
Transit bus accesses the transit center once per minute during the peak period. By 2040, a bus will access the
transit center at this regional hub every 30 seconds during peak periods. Additionally Sound Transit will
increase Sounder Commuter Rail service along this corridor as part of its ST3 program.
Downtown Kent, especially along the Central Avenue corridor experiences poor level of service due to heavy
congestion during daytime peak and off‐peak periods. The congestion affects movements from multiple
directions. There are more than 70 daily trains on the BNSF corridor that runs north‐south adjacent to the
Central Avenue corridor. With no grade‐separated rail crossings within the downtown Kent area, the volume of
daily rail crossing events contributes to the congested conditions in downtown Kent. Today, the traffic signal
system cannot communicate signal timing modifications to manage the change in traffic patterns during and
after a train event.
This project will improve mobility for all users impacted by the BNSF rail corridor crossing events, including the
increase in transit vehicles accessing the Kent Transit Center. The project will implement the required detection
and communication networks along the BNSF rail corridor to allow area signals the ability to adjust signal timing
in anticipation of, during, and after train events. In addition, signals along the Central Avenue corridor, from S
259th Street through S 212th Street, will be upgraded to use this interconnection. Signal upgrades may utilize
newer technology such as adaptive signal control systems, transit signal priority, and other ITS applications in
signal control. King County Metro will be implementing a Rapid Ride route on the southern portion of the
Central Avenue corridor from the southern city limits to James Street via the Kent Transit Center which will
increase mobility and further increase speed and reliability for transit users in the vicinity of Kent Station. This
Rapid Ride route is expected to open in 2021/2022. Additional signals adjacent to at‐grade rail crossings may
also be upgraded to take advantage of the new communication connections.
Using the Corridor Sketch Summary Viewer, identify the corridor number(s) impacted by your project. If your
project is not on the state highway system, identify other roads/intersections.
Corridor 148 (SR 516) on Central Avenue N. With improvements at intersections on Central Avenue N from S
259th Street to S 212th Street.
What customer base is this project meant to serve?
The project will improve mobility for transit users, carpools, freight, and single occupant vehicles traveling
along and through the Central Avenue N corridor in the vicinity of Kent Station.
Have there been discussions and coordination with WSDOT regional staff on this project concept? If so, who at
WSDOT has been involved?
No
75
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 3
Are there other organizations/modes (MPO, RTPO, local jurisdictions, transportation service providers) that
could be affected by this proposal (positively and/or negatively)? If so, with whom have you discussed the
proposed project concept?
The project will require coordination with BNSF, Sound Transit, King County Metro, PSRC, WSDOT, and the City
of Kent. The proposed project will be coordinated with all impacted jurisdictional partners, with no expected
negative impacts.
Send your completed form to PTDGrants@wsdot.wa.gov by March 1, 2018.
Questions? Call Nicole Patrick at 360‐705‐6930 or Alan Soicher at 360‐705‐7917.
76
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 1
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM
CONCEPT LETTER
In order to apply for a 2019‐2021 Regional Mobility Grant (RMG), potential applicants must submit a project
concept letter. This project concept letter is due by March 1, 2018. Formal grant applications will be available June
1, 2018, and will be due on July 13, 2018.
Eligibility: cities, counties, ports, and transit agencies in Washington state.
Directions for submitting this concept letter:
• Download (save a copy of) this file to your computer and fill it out.
• Once completed, save it, and send it electronically to PTDGrants@wsdot.wa.gov. Subject line: RMG
Concept Letter
Organization Name
City of Kent
Contact information (project contact name, position title, phone number, email)
April Delchamps, Senior Transportation Planner, 253‐856‐5564, adelchamps@KentWA.gov
What is the proposed project name?
City of Kent transit facility passenger
amenities and access improvements for
Rapid Ride
What is the preliminary project cost? How much will be requested from the RMG program?
$ 10 million $ 8 Million
Type of project (check all that apply) Approximate percent of total project
___ Operating
_X_ Construction 75%
_X_ Equipment/Vehicles 25%
___ Transportation Demand Management
Using the following TSMO Planning and Implementation Website, identify/define which TSMO solutions are
being considered for your project.
Transit service and facility improvements
77
2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 2
Description of project – What is the purpose of this project? What transportation performance problem is the
proposed project aiming to address?
The purpose of this project is to upgrade passenger facilities and increase access to transit within Kent along the
new King County Metro Auburn to Renton Rapid Ride corridor expected to open in 2021/2022. The new Rapid
Ride corridor will run north‐south along Central Avenue from Auburn to the Kent Transit Center, connect to the
East Hill area, and then north‐south along the SR 515 corridor to Renton, with over 7 miles of the corridor within
the City of Kent.
Current frequent service along this corridor includes route 180 (Southeast Auburn to Kent Station to Sea‐Tac
Airport to Burien Transit Center) and route 169 (Kent Station to Renton Transit Center). The corridor currently
has 31 northbound and 29 southbound transit stops serving these two routes, at approximately quarter mile
spacing. This corridor currently has deficiencies in bus stop facilities as well as areas with poor pedestrian and
bicycle access to transit. Bike and pedestrian facilities in this area can be improved. All bus zones identified for
Rapid Ride service will require upgraded facilities (e.g. new RapidRide shelters and amenities) to align with King
County Metro’s Rapid Ride branding and standards. The City of Kent will work with King County Metro to
identify bus zone locations for improvements. The Rapid Ride corridor will consolidate zones to be closer to ½
mile spacing relative to the current ¼ mile spacing.
This project will improve access to transit and passenger amenities throughout the new Rapid Ride corridor.
Improved pedestrian and bicycle facilities, shelter improvements, real time arrival information, lighting, off‐
board payment kiosks, and other transit facility improvements will increase safety for transit users, induce
transit ridership, and improve transit speeds throughout the City of Kent and other jurisdictions along the route.
.
Using the Corridor Sketch Summary Viewer, identify the corridor number(s) impacted by your project. If your
project is not on the state highway system, identify other roads/intersections.
Corridor 148 From Willis Avenue to SR 515. Corridor 383 from SR 516 to the northern City of Kent limits.
Central Avenue from the southern City of Kent limits to Willis Avenue.
What customer base is this project meant to serve?
This project will improve access to transit for pedestrian and bicyclists, and improve speeds for transit users.
Have there been discussions and coordination with WSDOT regional staff on this project concept? If so, who at
WSDOT has been involved?
No
Are there other organizations/modes (MPO, RTPO, local jurisdictions, transportation service providers) that
could be affected by this proposal (positively and/or negatively)? If so, with whom have you discussed the
proposed project concept?
The project will require coordination with King County Metro, PSRC, WSDOT, local property owners, and the
City of Kent. The proposed project will be coordinated with all impacted jurisdictional partners, with no
expected negative impacts.
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2019‐2021 REGIONAL MOBILITY GRANT PROGRAM CONCEPT LETTER 3
Send your completed form to PTDGrants@wsdot.wa.gov by March 1, 2018.
Questions? Call Nicole Patrick at 360‐705‐6930 or Alan Soicher at 360‐705‐7917.
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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: April 2 2018
TO: Public Works Committee
FROM: Kelly Peterson, AICP – Transportation Manager
SUBJECT: Info Only Mill Creek Neighborhood Parking Update
SUMMARY: The Sounder train has become very popular since south line service
(Seattle to Tacoma) began in 2000. Ridership has increased significantly and additional
trains were added in 2017. With the popularity of the Sounder, parking demand has
exceeded available parking supply. A second Sound Transit parking garage will provide
490-550 additional parking stalls and is slated to open in 2023. The location of the
second garage was approved by Sound Transit in November 2017. The next steps
include environmental review, design and construction.
Residents in the Mill Creek neighborhood have contacted the City with concerns about
commuters parking in their neighborhood. Staff met with the Mill Creek Neighborhood
on February 8, 2018, to identify where commuters are parking within their
neighborhood. With that information, staff prepared a Residential Parking Zone map
that was presented to the Mill Creek Neighborhood at a special meeting on March 28th.
Staff will present the results of the meeting to the Public Works Committee and request
feedback on proposed next steps.
EXHIBITS: None
BUDGET IMPACT: If a Residential Parking Zone approved by the City Council, the
approximate cost for signs, educational materials and permits would be $20,000 -
$25,000. A budget would need to be identified for the expenses.
STRATEGIC PLAN GOAL(S):
☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for
healthy growth and cultural celebration.
Information Only/No Motion Required
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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: April 2, 2018
TO: Public Works Committee
FROM: April Delchamps, MPA, Senior Transportation Planner
SUBJECT: Transportation Master Plan (TMP)
SUMMARY: The Transportation Master Plan represents the City’s long range
transportation improvement work program. The Washington State Growth Management
Act requires transportation planning and system development that supports the
broader, long-range goals for community development outlined in the Kent
Comprehensive Plan. The Transportation Element of the Comprehensive Plan contains
the goals and policies to guide the development of the City’s transportation system.
The last major update to the TMP was in 2008 with a minor update completed for the
2015 Kent Comprehensive Plan. The 2015 update did not include a comprehensive
review of projects, cost estimates, an updated financial plan, an updated concurrency
program, modeling or consideration of major regional transportation projects such as
Federal Way Link Extension and the SR509 Gateway Project.
Since the last major TMP update, the city has experienced growth, adopted the Midway
Sub Area Plan (2011), the Downtown Sub Area Plan (2013) and the Meet Me on Meeker
Design Standards (2017). When the Puget Sound Regional Council recommended
certification of Kent’s Comprehensive Plan in December 2015, some additional work
required included a multiyear transportation financing plan per RCW 36.70A.070(6). The
financing plan identifies Kent’s ability to meet mobility needs identified for the planning
period.
EXHIBITS: Puget Sound Regional Council Review Report and Certification Recommendation
– City of Kent Comprehensive Plan, December 31, 2015
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
Information Only/No Motion Required
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PSRC Plan Review & Certification Recommendation
City of Kent Comprehensive Plan
Page 1 of 8
PSRC PLAN REVIEW REPORT
& CERTIFICATION RECOMMENDATION
CITY OF KENT COMPREHENSIVE PLAN
December 31, 2015
BACKGROUND
The Washington State Growth Management Act calls for coordination between local, regional, and state planning
efforts. To advance this coordination, state law requires PSRC to certify that regional transit plans, countywide
planning policies, and local comprehensive plans within the central Puget Sound region conform to: (1)
established regional guidelines and principles, (2) the adopted long-range regional transportation plan, and (3)
transportation planning requirements in the Growth Management Act. Within the central Puget Sound region, the
multicounty planning policies in VISION 2040 have been established as the regional guidelines and principles
under Revised Code of Washington (RCW) 47.80.026. Certification of local comprehensive plans is also a
requirement for jurisdictions and agencies that intend to apply for PSRC funding or proceed with any project
submitted into the Regional Transportation Improvement Program, regardless of funding source.
Within the central Puget Sound region, local governments and PSRC have worked together to develop an overall
process (Adopted Policy and Plan Review Process, Revised September 2003) for reviewing and certifying local,
countywide, regional, and transit agency policies and plans.1 This process also provides an opportunity to
coordinate and share information related to local and regional planning. A set of materials, compiled in a Plan
Review Manual, provides details on the review and certification process, background, and framework. The
manual also provides guidance and checklists for aligning plans and policies with VISION 2040, Transportation
2040, and Growth Management Act requirements.
DISCUSSION
This report summarizes the findings and recommendations regarding the periodic update to the comprehensive
plan for the City of Kent, adopted by the city on September 1, 2015. PSRC last certified the City of Kent’s
comprehensive plan in July 2012. PSRC staff reviewed the updated 2015 comprehensive plan and coordinated
with city staff in the development of this report.
CERTIFICATION RECOMMENDATION
Based on the review of the City of Kent comprehensive plan, the following action is recommended to the PSRC
Growth Management Policy Board, Transportation Policy Board, and Executive Board:
The Puget Sound Regional Council certifies that the transportation-related provisions in the
City of Kent 2015 comprehensive plan update conform to the Growth Management Act and
are consistent with multicounty planning policies and the regional transportation plan.
The remainder of this report contains a summary of the PSRC review of the City of Kent comprehensive plan
update. Under each heading, the scope of the certification review, as guided by the Plan Review Manual and
Local Comprehensive Plan Checklist, is listed in high level bullets. Discussion in each topic area highlights
1 The certification requirement in the Growth Management Act is described in RCW 47.80. The specific requirements for transportation
elements in local comprehensive plans are spelled out in RCW 36.70A.070. PSRC’s Interlocal Agreement, Section VII, also provides
direction for the review of local comprehensive plans and countywide policies (Resolution A-91-01, amended March 1998). The Council's
Executive Board last updated its process for Policy and Plan Review in September 2003. The process is also described in VISION 2040,
Part IV: Implementation.
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exemplary provisions of the plan, as well as issues identified through the certification review where future work
on the part of the city is needed to more fully address VISION 2040, Transportation 2040, and Growth
Management Act planning requirements.
Part I: Conformity with Growth Management Act Transportation
Planning Requirements
SCOPE OF REVIEW
The Growth Management Act (RCW 36.70A.070(6)) includes several requirements related to transportation
elements in local comprehensive plans. These requirements are summarized as follows:
Land use assumptions and forecasts of travel demand that are internally consistent and consistent with
growth targets.
Service and facility needs, including inventories of existing facilities, and level-of-service standards and
concurrency provisions that address multiple modes of travel, planned land uses and densities, and state
highways.
Financing and investments, including a multiyear financing plan and reassessment strategy to address
potential funding shortfalls.
Intergovernmental coordination with neighboring cities, counties, and regional and state agencies.
Demand management, including programs to implement the Commute Trip Reduction Act.
Pedestrian and bicycle planning, including project funding and capital investments, education, and safety.
Land uses adjacent to airports, identifying relevant facilities, existing and planned uses, and policies that
discourage incompatible uses.
Air quality is largely an interjurisdictional issue in which each jurisdiction's travel behaviors, measured through
vehicle emissions, affect the regional airshed. The Washington Administrative Code (WAC) requires local
transportation elements and plans to include "policies and provisions that promote the reduction of criteria
pollutants" for mobile sources (WAC 173-420-080). When PSRC reviews plans, it also certifies that the
comprehensive plans include air quality policies and provisions, including a commitment to meeting the
requirements of applicable federal and state air quality legislation.
DISCUSSION: EXEMPLARY PLAN PROVISIONS
The City of Kent’s comprehensive plan effectively addresses many of the transportation planning requirements of
the Growth Management Act and includes adequate air quality policies and provisions. Highlights include:
Provisions to support multimodal transportation options and design for healthy communities, including an
inventory of existing facilities and planned networks, multimodal investments identified in the city’s
comprehensive project list, and goals and policies that support a safe and functional nonmotorized
network (for example, see T-4.1 – 4.3).
Policies to support transportation demand management by allowing parking requirement reductions for
businesses that have an approved commute trip reduction program, by working with major institutions
and employers to promote alternatives to single occupant vehicles, and by encouraging transportation
demand management strategies among employers who are not required to comply with commute trip
reduction. (Policies T-6.1, T-6.2)
Provisions that support intergovernmental coordination, such as Policy T-1.9, which calls for coordinating
with King County and neighboring jurisdictions to implement concurrency strategies and mitigate shared
traffic impacts through improvements or transportation demand management strategies.
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DISCUSSION: AREAS FOR FURTHER WORK
The city should address the following comments at the earliest opportunity through future amendments to the
comprehensive plan, subarea plans, or functional plans:
□ The city establishes a level of service for Pacific Highway (SR 509) at “F.” Because Pacific Highway is a
highway of statewide significance, the city should reflect the level of service established by WSDOT as a
level of service of “D” for this facility per RCW 36.70A.070(6)(a)(iii)(C).
□ The Growth Management Act requires that local comprehensive plans include a multiyear transportation
financing plan (see RCW 36.70A.070(6)) for how the jurisdiction will meet the mobility needs identified
for the planning period. The city has identified system needs and cost estimates over the life of the plan,
and the city intends to update its Transportation Master Plan with more detail about transportation
planning. While the comprehensive plan includes a list of projects and estimates for the planning period,
the city should provide additional detail in the transportation element, including:
1. Provide a more detailed forecast of probable funding resources for transportation through the
2035 plan horizon.
2. Provide an analysis of the sufficiency of funding resources compared to estimated costs of
identified improvements, including maintenance.
3. Revise and expand on the current reassessment strategy to address steps the city could take to
close the gap between costs and revenues, as needed.
Further guidance on how to address the financial analysis in the plan can be found in the Department of
Commerce’s Transportation Element Guidebook, pages 202-212.
Part II: Consistency with Regional Plans and Policies
OVERVIEW
This section discusses consistency with the adopted multicounty planning policies (established regional guidelines
and principles under RCW 47.80.026) adopted in VISION 2040, and Transportation 2040, the region’s long-range
transportation plan. In addition to the multicounty planning policies, VISION 2040 contains a regional growth
strategy with a preferred distribution of the region’s residential and employment growth, as well as a number of
implementation actions for local governments to carry out. Each policy area addressed in VISION 2040 is
discussed in turn below.
VISON 2040 Context Statement
VISION 2040 calls for local plans to include a context statement that describes how the comprehensive plan
addresses regional policies and provisions adopted in VISION 2040. The city effectively describes how the
comprehensive plan addresses regional policies and provisions adopted in VISION 2040.
Environment
SCOPE OF REVIEW
VISION 2040 calls for local comprehensive plans to address the following environmental policy topics:
Stewardship, including addressing the natural environment throughout the plan, decisions based on best-
available science, and regional environmental initiatives.
Earth and habitat, including open space protection, restoration and protection of native vegetation, and
coordination with adjacent jurisdictions.
Water quality, including actions that maintain hydrologic functions and reduce water pollution in
ecosystems, watersheds, shorelines, and estuaries.
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Air quality and climate change, addressing federal and state laws, reduction of pollutants, Puget Sound
Clean Air Agency policies, and reduction of greenhouse gas emissions and adaptation to climate change.
DISCUSSION: EXEMPLARY PLAN PROVISIONS
The Kent comprehensive plan addresses the environmental policy topics in VISION 2040 with strong goals and
actionable policies. Highlights include:
Policies for the city to be a model for environmentally friendly practices by promoting LEED certified
construction and use of recycled or recyclable materials in public utility provision, public facilities, and
capital improvements, as well as by developing and implementing an operations and maintenance
program to prevent or reduce pollutant runoff from municipal operations (Policy U-9.3, U-11.4).
Goals and policies that promote conservation of open space by defining a system of open space and
greenway corridors, inventorying local and county designated Urban Separators, and by identifying and
protecting significant recreational lands before they are lost to development (Policy P&OS-6.1, Policy LU
20.5, Goal P&OS-7).
Provisions that support intergovernmental coordination on environmental issues by working with King
County to produce critical area maps of the Potential Annexation Area, by coordinating wetland
protection and enhancement plans with adjacent jurisdictions and the Muckleshoot Indian Tribe across
jurisdictional boundaries, and by working cooperatively with tribal, federal, state and local jurisdictions to
conserve and work towards recovery of threatened and endangered species (Policy LU-16.2, Policy LU-
16.8, Policy U-9.2).
DISCUSSION: AREAS FOR FURTHER WORK
The certification review did not identify any major areas for improvement of the plan to better align with regional
guidelines and principles on the environment.
Development Patterns – Including Regional Growth Strategy
SCOPE OF REVIEW
VISION 2040 calls for local comprehensive plans to address the following development patterns policy topics:
Urban areas, including targets for housing and employment growth, compact communities that support
transit and walking, and provisions for redevelopment of underused land.
Centers, including planning for one or more central places as locations for compact, mixed-use development,
with policies that prioritize funding to centers to advance development.
Unincorporated urban areas, including policies that advance annexation and orderly transition of
governance.
Resource lands, including identification of steps to limit development.
Regional design, addressing local provisions that apply the Transportation 2040 Physical Design Guidelines,
energy efficient building, historic preservation, and enhanced sense of community.
Health and active living, addressing healthy environment, physical activity and well-being, and safety.
DISCUSSION: EXEMPLARY PLAN PROVISIONS
The city’s comprehensive plan effectively addresses many of the development patterns policies in VISION 2040.
Highlights include:
The plan is based on adopted residential and employment targets that align with VISION 2040,
accommodating growth through strategies such as ensuring residential development achieves a substantial
portion of the allowable maximum density and promoting infill development through regulatory and
investment incentives (Policies LU-7.1, LU-9.1 and 9.2).
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Policies promoting downtown revitalization by encouraging medium- and high-density residential
development that support high-capacity transit and by monitoring trends to maintain vitality in centers.
The plan also prioritizes capital facility projects and services to support growth in centers (Policies LU-
3.2, LU-3.5, LU-3.6, Goal LU-4).
Policies supporting the Transportation 2040 Physical Design Guidelines through managing parking,
incorporating transit supportive and pedestrian-oriented design features, and supporting health and well-
being. For example, Policy LU-5.1 focuses on adopting and maintaining policies, codes, and land use
patterns that promote walking, biking, public transportation, and social interaction to increase public
health and sense of place.
DISCUSSION: AREAS FOR FURTHER WORK
The city should address the following comments at the earliest opportunity through future amendments to the
comprehensive plan, subarea plans, or functional plans:
□ Both downtown Kent and the Kent manufacturing/industrial center have important roles to play in
accommodating future growth in the region. The city has developed a Downtown Action Plan and has
included Policy LU-12.4 to create a comprehensive subarea plan for the Kent manufacturing/industrial
center. The city should ensure that it addresses several centers planning expectations, including:
o As called for in VISION 2040 (DP-Action-18), the city should adopt mode split goals for the
regional centers. PSRC recently produced additional guidance about setting mode split goals that
the city may find helpful in this work.
o Policy LU-12.4, which addresses the subarea planning needs for the regional
manufacturing/industrial center, should be implemented in the near term. VISION 2040 includes
an action for jurisdictions with regional centers to develop subarea plans (DP-Action-17), and
PSRC will be certifying center plans for consistency with regional policies and procedures. The
subarea planning proposed will help the city both achieve its vision for the area as well as address
regional center expectations in the center plan checklist.
Housing
SCOPE OF REVIEW
VISION 2040 calls for local comprehensive plans to address the following housing policy topics:
Increased housing production opportunities, including diverse types and styles for all income levels and
demographic groups.
Affordable housing needs, including an assessment of existing and future housing needs based on regional
and local factors, including household income, demographics, special needs populations, and adequacy of
existing housing stocks.
Regional housing objectives in VISION 2040, including promotion of housing diversity and affordability,
jobs-housing balance, housing in centers, and flexible standards and innovative techniques.
DISCUSSION: EXEMPLARY PLAN PROVISIONS
The city’s comprehensive plan effectively addresses the housing provisions contained in VISION 2040.
Highlights include:
Multiple policies that promote preservation of existing housing, including Policy H-1.5 to pursue
comprehensive neighborhood preservation strategies for portions of the community that need
reinvestment.
Policy LU-7.4 and Goal LU-8 allow a diversity of single-family housing forms and strategies in all
residential districts and encourage more flexible and innovative building design, street standards and site
design for single-family and multifamily development.
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Policies to address the spectrum of housing affordability needs by providing rental and homeownership
assistance, by utilizing density bonuses, fee reductions, or other regulatory incentives for affordable
housing, and by exploring collaborations with other South King County jurisdictions to assess housing
needs, coordinate funding, increase capacity, and find cost efficiencies. (Policies H-3.2, H-4.3, and H-4.5)
DISCUSSION: AREAS FOR FURTHER WORK
The certification review did not identify any major areas for improvement of the plan to better align with regional
guidelines and principles on housing.
Economy
SCOPE OF REVIEW
VISION 2040 calls for local comprehensive plans to address the following economic development policy topics:
Include an economic development element that addresses: business, people, and places.
Retention and recruitment efforts that support family wage jobs, industry clusters that export goods and
services, and small businesses that are locally owned.
Equitable benefits and impacts, including provisions and programs that promote economic vitality in
distressed areas or areas with disadvantaged populations.
Adequate housing growth in centers through collaboration with the private sector and provision of
infrastructure.
DISCUSSION: EXEMPLARY PLAN PROVISIONS
The city’s comprehensive plan effectively addresses many of the economic provisions of VISION 2040.
Highlights include:
An economic development element with goals and implementation strategies, including focusing on city
image and branding, place-making, business climate, industrial cluster growth and retention, and
workforce development.
Provisions to foster inclusiveness, showcase community diversity, and promote access to jobs and
services, especially for lower-income individuals, when planning local and regional transportation
systems and economic development activities (Policy HS-2.32, Goal E-4).
DISCUSSION: AREAS FOR FURTHER WORK
The certification review did not identify any major areas for improvement of the plan to better align with regional
guidelines and principles on economic development.
Transportation
SCOPE OF REVIEW
VISION 2040 and Transportation 2040 call for local comprehensive plans to address the following transportation
policy topics:
Maintenance, management, and safety, including clean transportation with reductions in pollution and
greenhouse gas emissions, environmental factors, health and safety, stable and predictable funding sources,
system and demand management strategies, and security and emergency response.
Support for the regional growth strategy, including system improvements that align with planned growth,
prioritized investments that support compact development in centers, joint- and mixed-use development,
complete streets and improvements to promote biking and walking, and context-sensitive design.
Improved transportation options and mobility, including alternatives to driving alone, facilities and
services for special needs transportation, avoidance of new or expanded facilities in rural areas, and financing
methods.
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Linking land use and transportation, including integrating Transportation 2040 physical design guidelines
in planning for centers and transit station areas, and land development tools that promote transportation
alternatives.
DISCUSSION: EXEMPLARY PLAN PROVISIONS
The Kent comprehensive plan addresses the major transportation emphases in VISION 2040 and Transportation
2040, including maintenance, management, and safety; support for the Regional Growth Strategy; and providing
greater options and mobility. Highlights include:
Goals and policies support transit use through coordination with transit agencies, implementing Kent’s
Transit System Plan, fostering transit-oriented development opportunities, providing transit stop
amenities, and other actions to create a transit-supportive environment (Policies T-5.1 – 5.5).
Level-of-service standards for vehicle, transit, pedestrian, and bicycle travel, as well as a policy to
consider incorporating multiple modes into the city’s concurrency program during the next update of the
Transportation Master Plan (T-1.10). The plan also includes tailoring transportation levels-of-service to
facilitate medium- to high-density development in the regional growth center and designated Activity
Centers.
Policy T-2.3 to prepare for, respond to, mitigate and recover from disasters as provided for in the City of
Kent Comprehensive Emergency Management Plan.
DISCUSSION: AREAS FOR FURTHER WORK
The certification review did not identify any major areas for improvement of the plan to better align with regional
guidelines and principles on transportation (see comments addressing Growth Management Act transportation
planning requirements on page 3 of this report).
Public Services
SCOPE OF REVIEW
VISION 2040 calls for local comprehensive plans to address the following public services policy topics:
Promote more efficient use of existing services, such as waste management, energy, and water supply,
through conservation – including demand management programs and strategies.
Promote renewable energy and alternative energy sources.
Plan for long-term water needs, including conservation, reclamation and reuse.
DISCUSSION: EXEMPLARY PLAN PROVISIONS
The Kent comprehensive plan update contains policies that address the public services provisions of VISION
2040. Highlights include:
Policies promoting water conservation through use of native and drought-resistant plants, documenting
water use on customer bills to encourage conservation, implementing a water structure that promotes
efficient use of water, promoting rainwater collection, and plan monitoring (Policies U-6.1, U-6.4, U-6.5,
U-6.6, U-12.3)
Policies U-15.1 and 15.2 call for waste diversion and promoting stewardship through recycling,
composting, and purchase of environmentally preferable products.
DISCUSSION: AREAS FOR FURTHER WORK
The certification review did not identify any major areas for improvement of the plan to better align with regional
guidelines and principles on public services.
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Conclusion
PSRC staff thanks the city for working through the plan review and certification process. PSRC is available to
provide assistance for future plan updates. Additional planning resources can also be found at
http://www.psrc.org/growth/planreview/resources/. If the city has questions or needs additional information,
please contact Liz Underwood-Bultmann at 206-464-6174 or LUnderwood-Bultmann@psrc.org.
92
PUBLIC WORKS DEPARTMENT
Timothy J. LaPorte, Director
Phone: 253-856-5500
Fax: 253-856-6500
220 Fourth Avenue South
Kent, WA 98032
DATE: April 2 2018
TO: Public Works Committee
FROM: April Delchamps, MPA, Senior Transportation Planner
SUBJECT: 2019-2024 Six-Year Transportation Improvement Program (TIP)
SUMMARY: The Draft 2019-2024 Six-Year TIP represents the City’s proposed
transportation improvement work program for the next six years. Per RCW 35.77.010,
the six-year plan for each city shall specifically identify projects and programs of
regional significance for inclusion in the transportation improvement program within that
region. The TIP is required to be consistent with the Kent Comprehensive Plan.
Including projects in the Six-Year TIP allows the City to leverage city funds with grants.
Most State and Federal agencies require that projects be included in a City’s adopted
Six-Year TIP as a requirement for grant submittal.
EXHIBITS: None
BUDGET IMPACT: None
STRATEGIC PLAN GOAL(S):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
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: April 2, 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):
☒ Authentic Connectivity and Communication - Uniting people to people, to places, and to their government through superior
infrastructure, enriched community interactions, and responsive, trusting relationships.
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):
☒ 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, a nd
community partnerships.
No Motion Required/Information Only
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