HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 09/20/2004 Public Works Committee Agenda
® Councilmembers: Ron HarmonaDebbie RapleenBruce White, Chair
KENT
w�s�I I I.� September 20, 2004
5:00 p.m.
Item Description Action Speaker Time Page
1. Approval of minutes dated August 2, 2004 Yes none 5 1
2. Transportation Demand Model Consultant Services
Agreement-Authorize Yes Wickstrom 5 3
3. Sale of Properties at Ramstead Pointe Short Plat
Authorize Yes Wickstrom 5 23
4. Street Vacation of Portion of SE 278t1i St.
-Set Hearing Date Yes Wickstrom 5 27
5. Puget Sound Energy Construction Agreement-
Authorize Yes Wickstrom 5 37
Unless otherwise noted the Public Works`Committee meets at 5:00 .m. on the 1"&3rd Mondays of each month.
n h p y
Council Chambers'East,Kent City Hall;220 4th Avenue South,Kent,98032-5895.
:For information please contact Public Works Administration(253) 856-5500. '...
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 85&5725 in advance.
For TDD relay service call the Washington Telecommunications Relay'Service at 1-800-833-6388.
P:TubliOAdnlinislnlive Supportg.nI HOublie Works Corm acc MeetiingsTW Agenda's040920.doc
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
A®� Fax: 253-856-6500
KEIV T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA.98032-5895
DATE: Septemb r 21, 2004
TO: Ma ite and Dent City Cotmcil
FROM: Do c Strom, Public Works Director
THROUGH:
SUBJECT: Portion of SE 278th Street—Street Vacation
MOTION: Recommend Council adoption of a resolution setting a public hearing date of
November 16, 2004 for the Street Vacation located along a portion SE 278th Street,
SUMMARY: We have received a valid petition to vacate a portion of SE 278`h Street. In
accordance with state law, a public hearing must be held. The Public Works Department
recommends adoption of a resolution setting the public hearing date.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: By law upon receipt of a valid street vacation petition the City, via
adopting a resolution is required to hold a public hearing thereon within 60 days of passage of
said resolution.
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Mayor White and Kent City Council 1 SE 278`h Sheet —Street Vacation
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone; 253-856-5500
® Fax: 253-856-6500
KEIV Address: 220 Fourth Avenue S.
w n s e H c r o e Kent, WA. 98032-5895 ',
DATE: Septerri er 21, 2004
TO: Ma r ite and Kent City Council
FROM: D i kstrom, Public Works Director
SUBJECT: Sale of Properties at the SW quadrant of SE 274t1i Way and 1081h Ave. SE, west of
the Valley Communications Center (AKA Ramstead Pointe Short Plat)
MOTION: Recommend authorizing the Director of Public Works to subdivide excess properties
acquired for the South 277th Street Corridor project, and the City of Kent Property Manager to
sell same at appraised value.
SUMMARY: The Public Works Department requests authorizing the Director of Public Works
to subdivide excess property remaining from the acquisition property for the South 277`h Street
Corridor, and permit the Property Manager to sell the property at the appraised value or higher.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: In conjunction with the development of the South 277°i Corridor project
numerous properties impacted by the foot print of the project were bought. In this particular case
two parcels, one of which is now part of the right-of-way for South 274`h Way, have been short
platted into eight(8) lots. It is my personal belief that we will net $550,000 to $800,000 for the
property. All sales will be at or above appraised value for which we are in the midst of having
the properties appraised. We have yet to complete all the improvements associated with this
corridor project, and the monies received from this would be used to do so. It also should be
noted that this money is not a windfall but an anticipated financial element of the projects
funding.
Mayor White and Kent City Council Authorization to sell property
September 21, 2004
KS DEPARTMENT
PUBLIC WORKS i
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
®U Fax: 253-856-6500
KE• T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA.98032-5895
DATE: September 20, 2004
TO: Mayor White and I{ent City Council
FROM: Don Wickstrom, Public Works Director
THROUGH:
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SUBJECT: Portion of SE 278th Street— Street Vacation
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MOTION: Recommend Council adoption of a resolution setting a public hearing date of
November 16, 2004 for the Street Vacation located along a portion SE 278t'' Street.
SUMMARY: We have received a valid petition to vacate a portion of SE 278th Street. In
accordance with state law, a public hearing mast be held. The Public Works Department
recommends adoption of a resolution setting the public hearing date.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel hnpact
BACKGROUND: By law upon receipt of a valid street vacation petition the City, via
adopting a resolution is required to hold a public hearing thereon within 60 days of passage of
said resolution.
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Mayor White and Kent City Council 1 SE 278" Street —Street Vacation
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of the portion
of Southeast 278`h Street, in the City of Kent; and setting
the public hearing on the proposed sheet vacation for
November 16, 2004.
RECITALS
A. A petition, attached as Exhibit A, has been filed by Cherie Lang to
vacate a portion of Southeast 278`11 Street, located in the City of Kent, Washington.
B. The petition is signed by the owners of at least two-thirds of the real
property abutting that portion of Southeast 278th Street to be vacated;.
C. The petition is in all respects proper.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. —Public Hearing. A public hearing on the street vacation petition
requesting the vacation of a portion of Southeast 278`h Street shall be held at a regular
meeting of the Kent City Council at 7:00 p.m., Tuesday, November 16, 2004, in the
1 Southeast 278t1' Street Vacation
Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington,
98032.
SECTION 2. —Notice. The City Clerk shall give proper notice of the hearing
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and cause the notice to be posted as provided by state law, Chapter 35.79 RCW.
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SECTION 3. — Information. The Planning Manager shall obtain any other
necessary information from appropriate departments and shall transmit the information
to the Council so that the Council may consider the matter at its regularly scheduled
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meeting on November 16, 2004.
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SECTION 4. — Severability. If any section, subsection, paragraph, sentence,
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clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
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SECTION 5. —Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. —Effective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of
Kent,Washington, this day of October,2004.
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CONCURRED in by the Mayor of the City of Kent this day of October,
2004.
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JIM WHITE, MAYOR
2 Southeast 278"' Street Vacation
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No. _passed
by the City Council of the City of Kent,Washington, the day of October, 2004.
BRENDA JACOBER, CITY CLERK
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3 Southeast 278"'Street Vacation
KENT
WABHINOr ON
Mayor Jim White I{IYA' : r�' _ l -1f 67
Old KIVA'#RPTS -2�3�22
MAIL TO: CITY. OF �ENT
A APPLICANTt
CITY OFKENT �_I'a �?l NAME: Cherie Lang
Property Management ..
220 S.4"Avenue "' " ADDRESS: 24431 'SE 178th St.
Kent,Washington 98032
Attn: Jerry McCaughan Maple Valley, WA 9803
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; - - + PRONE: 206-391-2021 �o
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STREET AND/OR ALLEY VACATION APPLICATION ANTS PETITION
Dear Mayor and Kent City Council: 1
We,the undersigned abutting property owners,hereby respectfully request that certain sE .
278th St. hereby be vacated,
Legal Description of Street/Alley Sought to be Vacated
(Must Contain Total Square Feet of Area Sought To Be Vacated)
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
A"CURRENT"ownership and encumbrance report must be
submitted with this application that covers all the abutting
properties contiguous to alley or street sought to be vacated, When
Corporations,partnerships,etc,are being signed for,and then
proof of individual's authority to sign for same shall also be j
submitted.
Attach a color-coded map of a scale of not less than 1"=200' of the area sought tar vacnti ja,
(NOTE) Map must correspond with legal description,
ABUTTING PROPERTY OWNERS TAX LOT 4
SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC,TOWN.RG,
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k 'Ub / 9 /?�(� 342205-9171
27626 - 145th Pl. SE
Kent, WA 98031 :.
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$150.00 Fee Paid. Perna B Treasurer's Receipt No.
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Rocaipt No.
Deed Accepted Date
Trade Accepted Date
EXHIBIT . "A"
S:Wrapcny MannacmenVication App.doe
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PROPOSED STREET VACATION
Lang Shod Subdivision—
LEGAL DESCRIPTION:
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF THE NORTHEAST
114 OF SECTION 34,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 30 FEET OF
SAID NORTH HALF WITH THE EAST LINE OF SAID NORTH HALF;THENCE NORTH
89d21'30"WESTALONG SAID NORTH LINE 440 FEET TO THE TRUE POINT OF
BEGINNING;THENCE NORTH 89d21'30"WEST 169.90 FEET;THENCE SOUTH DDd55'38"
WEST 39.00 FEET;THENCE SOUTH 89d39'30"EAST 12.27 FEETTO A POINTOF
CURVATURE;THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY DIRECTION
HAVING A RADIUS OF 414.43 FEET,AN ARC OF 139.20 FEET;THENCE NORTH '...
79d34'22"EAST 21.68 FEET;THENCE NORTHOOd55'38"EAST 10:90 FEET TOTHE TRUE
POINT OF BEGINNING. a c PT 74;c: SOu-rw 2a `( 5:as reel T-heoP"op
AREA TO BE VACATED: �'w'SF -
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500 '..
j(
® Fax: 253-856-6500
KE N T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA. 98032-5895
DATE: SAtmb r 20,2004TO: PW rks Committee
FROM: Ds Strom, Public Works Director
SUBJECT: Transportation Demand Model
MOTION: Recommend the Council authorize the Mayor to sign the Consultant Services
Agreement between the City of Kent and PTV America, Inc. to convert the City of Kent 2003
Transportation Model to version 9.1 of the VISUM software.
SUMMARY: The consultant shall provide services necessary to convert the City
of Kent transportation model to version 9.1 of the VISUM software,updating forecasts and
adding truck trip data to the model.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as the funding
($25,421.00)would come out of the respective project fund.
BACKGROUND: In 2003, the Public Works Engineering/Transportation section
went through the painstaking process of updating the city's transportation model in order to write
the Transportation Element(Chapter 9) of the city's Comprehensive Plan Update. During that
process, it became clear that the city's existing transportation model was in dire need of
modernization as far as software capabilities. While still technically sound and able to manage a
great deal of data,the existing transportation model is written in the old DOS format and is
cumbersome to operate. There are very few people(even in our IT department)who are still
knowledgeable about DOS computer language. Converting the existing transportation demand
model to the VISUM software would move the city's modeling effort into a Wnndow's-based
computer software system and facilitate writing the needed update to the city's Comprehensive
Transportation Plan. It is essential to be able to model travel demand in order to help determine
future transportation system needs,to update the 6 year TIP, for the long-term CIP, and for
potential revisions to the concurrency management ordinance. This new software will allow us
to separate out truck trips from the other vehicle traffic. Having the ability to model freight trip
demand (origins and destinations) in future scenarios will help us when applying for grants
related to freight corridors. While in the process of conversion from one model to another, we
will take this opportunity to add in those land-use changes which have occurred since the 2003
model update (large developments in Kent&neighboring jurisdictions) as well as the latest
transportation system changes.
Mayor White and Kent City Council 1
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Consultant: PTV America Inc.
Project: Transportation Model
Amount: $25 421.00*
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Date: September 9 2004
Please circulate for approval to process the attached agreement.
Project Engineer (JM ?h 0
Initials and Date
Eng.Manager 5&° g -Vaf
lintial§and Date
Doll 0�
Initials and Date
*Date of Council Approval:
For contracts over$25,000.00,please include the date of council approval for the budget of this
proj ect.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
PTV America, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and PTV America, Inc, organized under the laws of the State of Washington, located
and doing business at PO Box 1850, Vashon, WA 98070, Phone: (206) 463-3768/Fax: (206) 463-5055,
Contact: Robert Shull (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 consultation to the Ctiy to convert the City of Kent's transporation
model to version 9.1 of the VISUM software, updating forecasts and adding truck trip data to the
model. For a detailed description, see the Scope of Work which is attached as Exhibit A and
incorporated by this reference.
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Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices 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. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by April 29, 2005.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty
Five Thousand, Four Hundred Twenty One Dollars ($25,421.00) for the services described in
this Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed supplemental 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
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
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 m ake 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 and that 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.
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 Dent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VIL 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 liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
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.
CONSULTANT SERVICES AGREEMENT-2
(Cher$10,000)
1X. 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 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. E ven though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, t he w ork must in eet the approval o f the C ity and s hall b e subject t o t he C ity's general r ight o f
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.
XHL MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80. of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, 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 maybe hereafter specified in writing.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
E. Assi ng ment. 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 persomiel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF IaNT:
ray: By:
(signature) (sigr:alm-e)
Print Name: Print Name: Jim White
Its Its Mayor
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Robert Shull Don E. Wickstrom,P.E.
PTV America, Inc. City of Kent
PO Box 1850 220 Fourth Avenue South
Vashon, WA 98070 Kent, WA 98032
(206) 463-3768 (telephone) (253) 856-5500 (telephone)
206) 463-5055 (facsimile (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
PTV America-Trxnspomlaion Model/Mooney
CONSULTANT SERVICES AGREEMENT-5
(Over$10,000)
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Dent 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 Dent 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.
Dated this day of 1200_.
By:
For:
Title:
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Date:
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EEO COMPLIANCE DOCUMENTS- t
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 Dent 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.
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2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS -2
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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-ientioned company was the prime contractor for the Agreement
known as that was entered into on the (date,
between the fine 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.
Dated this day of 1200
By:
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For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
CITY OF KENT
2004 MODEL CONVERSION AND UPDATE
SCOPE OF WORK
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The goal of this project is to convert the City of Kent transportation model to version 9.1 of the VISUM
software. This is described— more detail with level of effort and cost estimat s.
This effort involves importing the TMODEL network, including link and node coding, turn movement j
penalties, and multi-point assignment equivalencies.
GIS data layers will be imported, including available aerial photography, and the model will be registered
over these layers.
Travel characteristics data will be imported including land use,trip generation, and trip distribution.
Intersection detail will be added using the Synchro database for approximately 125 signal locations within
the City of Kent. This will include adding data on turn lanes and timing. This level of detail will facilitate
microsimulation of traffic operation in VISSIM and computation of intersection LOS using VISUM.
Truck Count data as percentages will be coded into the VISUM data base. Counts or percentages will be
required for all model externals and key locations within the model network.
A separate truck trip purpose will be added to the revised trip generation. The gravity distribution model
will updated to accommodate the truck trip purpose. This will not be a full freight model but it should be
sufficient to reflect the truck volumes on major facilities.
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The model will be calibrated to the 2000 counts and will.meet or exceed SHWA standard calibration
validation statistics on a total volume(trucks phis passenger vehicles)basis.Volumes will be reported as
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passenger vehicles, trucks, and total vehicles.
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After the model is calibrated, the 2010 No-Build,2010 Build, 2020 No-Build, and 2020 Build model
versions will be recreated in VISUM.This includes updating the networks as well as the travel
characteristics. Additional detail will be added for intersection improvements.
The model parameters and changes will be documented in an update to the Kent model documentation.
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City of Kent-Model Conversion-PTV America,Inc-9/3/2004 Page 1
BUDGET
The budget is presented using estimated Level of Effort. Efforts in the Principal column will be conducted
by Robert Shull. Efforts in the Engineer column will be conducted by Tony Woody and/or Kean Lew.All
are staff members of PTV America,Inc.
City of Kent
Model Conversion, Calibration, and Forecasts
TASKS Principal Engineer Total
Convert Network 2 8 10
Convert Travel Characteristics 2 6 8
Add Intersection Detail 4 62 66
Add Truck Counts 2. 8 10
Add Truck Trip Purpose 2 8 10
Recalibration 10 20 30
Update 2010 and 2020 8 40 48
Documentation 4 16 20
Meetings and Admin (including travel) 8 8 16
TOTAL HOURS 42 176 218
Labor cost $23,110
Direct Expenses, fee, and contingencies $2,311
TOTAL ESTIMATE $25,421
City of Kent-Model Conversion-PTV America,Inc-9/3/2004 Page 2
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may wise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor 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 Seivices Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary,the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations,personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be
no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to
the work performed for the City using ISO additional insured endorsement
CG 20 10 1185 or a substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance
Contractor 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$1,000,000 each occurrence, $1,000,000 general aggregate
and a $1,000,000 products-completed operations aggregate limit.
EXHIBIT B (Continued)
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:
I. The Contractor'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 Contractor's insurance and shall not
contribute with it.
2. The Contractor'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 contractor 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
Contractor'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
ANTI.
E. Verification of Coverage
Contractor 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
Contractor 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 Contractor.
PTV AMERICA INC 6417S48BB7 08/13/04 02125pm P. 001
ACORDM CERTIFICATE OF LIABILITY INSURANCE oA;/oii2° '
PRODUCER (541) 744-7550 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Selco Services Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
925 Harlow Road #210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Springfield OR 97477- INSURERS AFFORDING COVERAGE NAIL#
INSURED INSURER A:As surance Co America
ptv America Inc iNSURERB:Continental Casualty
1128 NE 2nd Street; Suite 204 INSURERC:Ma land Casualty
SURER D:
Corvallis OR 97330- INSURER E:
COVERAGES '..
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM5.
INSR ADS' POLICY EFFECTNE POLICY EXPIRATION LIMITS
L NS TYPE OF INSURANCE POLICYNUMBER DATE(MMiDDtYY DATE IMMIDDYY
A X GENERALLIABILITY / / / / EACH OCCURRENCE $ 1,000,000
DAMAGX COMMERCIALGENERALLIABIITY PREM1ES(Eq RENTED 1,000,000
PREMISES TO RENTErenGB $
DLAIMSMAUE F OCCUR PPSO42318114 07/01/2004 07/01/2005 MEDEXP A ane fsan 5 10,000
PERSONAL&ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 8 2,000,600
POLICY J'Ni LOG
A AUTOMOBILE LIABIUtt EHS92315114 07/01/2004 07/01/2005 COMBINED SINGLE LIMIT $ 1,000,OLIO
ANY AUTO IEe acaidenl)
ALL OWNED AUTOS / / / / BODILY INJURY $�
SCHEDULED AUTOS (Por parson)
X MREDAUTOS / / / / BODILYINJURY $
(Per a¢Idenl)
X NON-OV.MED AUTOS �.
PROPERTYDAMAGE S
IPeraaJUan1 'i
GARAGE LIABILI'W AUTO ONLY-EA ACCIDENT $
ANYAUTO / / / / OTHER THAN EAA00 S
AUTO ONLY: ADD S
A EXCESSNMBRELLA LIABILITY FPSO4231B114 07/01/2004 07/Dl/2005 EACH OCCURRENCE 1,000,00() '..
X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000
S
DEDUCTIBLE / / / / $
X RETENTION S 10,000 $
C WORKERS COMPENSATION AND 042577297 09/15/2003 09/15/2004 X RV LIMITS ER
EMPLOYERS'LIABILITY 500 000
ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ r
OFFICEWMEMBER EXCLUDED? / / / / El.DISEASE-EA E EE$ 50MPLOY0,000
Nyes,desalbeuntler E.L.DISEASE-POLICYUMIT Is 500,000
SPECIAL PROVISIONS below
B OTHER prop Liab AEAl14U09166 07/01/2004 07/01/2005 Per Claim Limit 1,000,000
Aggregate Limit 1,000,000
Deductible $22,500/claim
DESCRIPTION OF OPERATIONSILOGATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
re: Transportation Model
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,BUT
City of Kent FAILURE E O OBLIGATION OR LIABILITY OF ANY KIND UPON THE
220 4th Avenue S INSURER ADEN OR P J .
S(/ _
AUTHORIZE E T '
Kent WA 98032-
ACORD 25(2001108) a ACORD CORPORATION 1988
+N INS025(0,M)0E ELECTRONIC LASER FORMS,INC.-(S00)527-0545 Pe0a1 oft
POLICY NUMBER: 6010S-27-61 COMMERCIAL GENERAL LIABIL
ITY
Tuie :" NMEMENT CKANG S THE POLICY. PLEASE READ IT CAac
--., ,�FULLY.
ADDITIONAL IPISttR3v = 'JW,'v'cRa, LESSEES OR
CONTRACTORS `FORM B)
This endorsement modifies Insurance provided under the fonowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Persoq or Organization:
CITY OF RENT
(If ho entry appears above, Informatlon required to complete this endorsement will be shown In the Declera-
tlons as nppllcable to this endoroement.)
WHO IS AN INSURED (Section 11) Is amended to include as an Insured the person or organization shown in
the Schedule, but only with respect to liablll(y eris)ng out or your ongoing operations performed for that In-
sured.
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
U® Fax: 253-856-6500
KE` -T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA. 98032-5895 '..
DATE: September 14, 2004
TO: Public Works Committee
FROM: Don Wickstrom, Public Works Director
SUBJECT: Puget Sound Energy Construction Agreement for
1st Avenue N. and 4th Avenue N. Underground Power Conversion
MOTION: Recommend authorizing the Mayor to sign the Puget Sound Energy Construction
Agreement upon concurrence of the language therein by the City Attorney and the Public Works
Director.
SUMMARY: The Public Works Director recommends approval of the agreement and that the
Mayor be authorized to sign same upon concurrence of the final language by the City Attorney.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: As part of the Kent Station project and Sound Transit Improvements,the
City is widening 1"Avenue N. between Temperance Street and Smith Street and4th Avenue N.
between'Temperance Street and Harrison Street. Along both street, overhead utilities need to be
converted to underground in accordance with City ordinance. The attached draft agreement with
Puget Sound Energy establishes a scope of work, schedule, and costs for PSE's work.
Preliminary estimate for the City's portion of the work is $80,000 - $130,000.
Mayor White and Kent City Council 1 Puget Sound Energy Construction Agreement
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: 1st Avenue North and 4th Avenue North Conversion
Project Number: PSE#10530193
THIS Agreement, dated as of this_day of , 200 , is made by and
between CITY OF KENT, a Municipal Corporation (the"Government Entity'), and PUGET SOUND
ENERGY, Inc., a Washington Corporation (the"Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area")with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the"Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of the 191h day of April, 2004 (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:
1) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
IV) Trenching and Restoration;
v) Underground Distribution System; and
A) Underground Service Lines.
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a"comparable"system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
Construction Agreement, Attachment'B" to Schedule 74, Pagel
City of Kent: I"Avenue North and 41h Avenue North Conversion
PSE Notification#10530293
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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.
Q) "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, (it)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.
(1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs"shall mean (i)all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii)the distribution
pole replacement costs (if any)that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
Construction Agreement,Attachment"B"to Schedule 74, Page 2
City of Kent: 1 st Avenue North and 4M Avenue North Conversion
PSE Notification#10530293
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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 tha 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 (it)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 anyjoint use of trenches by other utilities as permitted under Section 3(b).
(s) "Work"shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including,without limitation,the Company Work(as
defined in Section 2(a), below)and the Government Work(as defined in Section 3(a),below).
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obligations of the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the"Company Work"):
Construction Agreement,Attachment"B"to Schedule 74, Page 3
City of Kent: I"Avenue North and 4'h Avenue North Conversion
PSE Notification#10530293
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
Ili) 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 (Ili)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.
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(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance twith the Project Plan, the Work Schedule and this Agreement.
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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
Ili) 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 (1)the Government Work completed to date, (ii)the
Government Work yet to be completed, and (Ili)an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
Construction Agreement, Attachment"B"to Schedule 74, Page 4
City of Kent: 1:t Avenue North and 41h Avenue North Conversion
PSE Notification#10530293
(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; (H) changes in the
specifications, drawings and other requirements in the Project Plan, (iii)changes in the Work
Schedule, and (iv)changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for,the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs,the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any)and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (H)the discovery of any condition within the Conversion Area which affects the scope, cost,
Construction Agreement,Attachment"B"to Schedule 74, Page 5
City of Kent: 1st Avenue North and 41h Avenue North Conversion
PSE Notification#10530293
i
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(ill) 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 Casts 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.
ill) 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.
A) 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)(1), and adjusting such amount as follows:
i) Subtracting(as a credit to the Government Entity)the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company)the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity)any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive
number,and (B) shall be an amount payable to the Government Entity if it is a negative number.
Construction Agreement, Attachment"B"to Schedule 74, Page 6
City of Kent: Vt Avenue North and 4`h Avenue North Conversion
PSE Notification#10530293
(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: (1) 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 Companv Costs by the following
categories, as applicable: (i)design and engineering costs, and (H) 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.
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(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys'fees)caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under.Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in anyway
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
Construction Agreement, Attachment"B"to Schedule 74, Page 7
City of Kent: 1st Avenue North and 4lh Avenue North Conversion
PSE Notification#10530293
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
whn shall he responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10)business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty(20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s)shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys'fees); provided, that, in any arbitration,the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys'fees)by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
Construction Agreement, Attachment"B"to Schedule 74, Page 8
City of Kent: 1 s`Avenue North and 41"Avenue North Conversion
PSE Notification#10530293
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$2,000,000 per
occurrence and $2,000,000 aggregate for personal injury; and $2,000,000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of$2,000,000,
(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 Subject To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company(i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty(30)days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
Construction Agreement,Attachment"B"to Schedule 74, Page 9
City of Kent: 1 st Avenue North and 41"Avenue North Conversion
PSE Notification#10530293
(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.
(a) 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 fnr 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.
(1) 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.
Q) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of,to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
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Construction Agreement,Attachment'B"to Schedule 74, Page 10
City of Kent: 1 st Avenue North and 4t"Avenue North Conversion
PSE Notification#10530293
(1) 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
Attn.
Fax:
If to the Company: Puget Sound Energy, Inc.
6905 South 228th Street. SKC-SVC
Kent WA 98032
Attn: Linda Streissguth
Fax: 253-395-6882
Any Party may change its address specified in this Section 13(I)by giving the other Party notice of
such change in accordance with this Section 13(I).
(m)Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties,whether
written or oral,with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity: Company:
CITY OF KENT PUGET SOUND ENERGY, INC.
BY
BY
ITS ITS
Date Signed Date Signed
Approved as to form:
Construction Agreement,Attachment"B" to Schedule 74, Page 11
City of Kent: 1st Avenue North and 4th Avenue North Conversion
PSE Notification#10530293
PUGET SOUND ENERGY
Joint Draft 8-26-04 — Linda, Arnie, Mark, Ken &
Kate
.C,C;:edule 74 ConStruetion .",reement
Exhibit A "Project Plan"
City of Kent: 15t Avenue North and 4th Avenue North Conversion
PSE Notification Number
PSE Superior Order Number 101021657
City of Kent Project Number 04-3003
This Project Plan describes work to be performed by Puget Sound Energy (PSE) and the City of
Kent(the City) for the conversion of certain PSE electrical distribution system facilities as
described herein(the Conversion Project). In addition to this document,the Project Plan
includes and consists of:
Attachment A—Applicable drawings, requirements and specificaitons for the coversions
Project work.
Attachment B—Summary of Estimated Conversion Project Costs
Attachment C - All relevant PSE Standards for installation of PSE facilities
Revisions to this Proiect Plan must be mutually approved by the City and PSE.
Scope of Work
The project includes conversion of the existing overhead electrical distribution facilities (15 kV
or less) to underground facilities within the City public thoroughfare along portions of two
separate roadways, 1"Avenue North and 4th Avenue North. The project limits along V Ave are
Inn Temperance to Smith street and along 4`h Av from North of the Bank of America property to
mid block betweeen Harrison and Meeker St. The portion of the project along I"Avenue North
extends a distance of approximately 400 feet and the portion of the project along 4th Avenue
North including the extension to Smith St Switch Cabinets extends a distance of approximately
1095 feet. The projcot includes removal ofPSE's existing overhead distribution facilities from
the areas described above, with the exception of the overhead services to the 105 building on 1"
Av N. Scope will need to include any PSE upgrades and description of the franchise relocation
work.
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City would like spare conduits installed between Meeker &Smith for potential new business
development. Per discussions, City can install what they would like independent of the PSE
City of Kent 1
I"/4`n Avenue North Underground Conversion
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2/26/03
design. Recommend pictures with details for depth&type be on file, should.they sell or assign
this conduit to the new businees customer to avoid digging up the sidewalks, etc.
A new connection point for every customer within the conversion area will be provided by the
new underground system.
Responsibilities of Parties
City
a) The City will provide all surveying for equipment placement locations and establish all grade
elevations for new PSE underground distribution facilities within the conversion area.
b) The City, or its contractor, will provide all necessary excavation,bedding,backfill, off-site
disposal, and site restoration for the conversion project, along with the coordination of other
utilities participating in the conversion project.
c) The City, or its contractor, will install all ducts and vaults for the new PSE distribution
facilities in accordance with PSE Standards using materials provided by PSE.
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d) The City, or its contractor,will provide PSE, or its contractor, ten(10) working days notice of
anticipated conduit and vault installation to allow for delivery of PSE's materials and scheduling
of the on-site Inspector. A working day is defined as an 8 hour workday Monday through
Friday between the hours of 7:00 AM and 6:00 PM, excluding holidays.
e) The City, or its contractor, shall provide a secure staging area for materials storage. A
schedule for vault deliveries must also be provided to coincide with the contractor's schedule.
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g) The City, or its contractor, is responsible for coordinating and scheduling removal of other
utility attachments on PSE poles.
h) The City will provide ten (10) working days notice to schedule mobilization and wreck-out of
PSE conductors,devices, equipment and poles.
i) The City, or its contractor, is responsible for all flagging and traffic control, including
Uniformed Officers when required, for the duct and vault installation phase of this project.
j) The City, or its contractor,will provide scheduled excavation within two (2)working days
notice for cut overs and locations where PSE or its contractor's line crews will intercept
energized facilities. Cut over is defined as rerouting an existing electrical facility from the
overhead system to the new underground connection point.
PSE
City ofKent 2
is /4"'Avenue North Underground Conversion
#101011034
2/26/03
a) PSE, or its contractor, will provide all of the duct and vault materials necessary for the
electrical supporting structure, along with inspection services needed for overseeing the proper
installation of such. Materials will be delivered within the ten(10)working day notice provided
by the City.
b) 'PSE will accept delivery of the completed duct and vault system once the new system has
been"proofed"by the City, or its contractor. "Proofing"is defined as: successful confirmation
by use of a mandrel that the duct system is free and clear of debris and damage, installed to the
proper grade and location and containing a pulling line. Mandrel will be loaned to the city or it's
contractor.
i
c) PSE will mobilize construction crews when the circuitry can be installed from the new switch
locations from V6 to the conversion area on 1"Av N. Construction crews will be mobilezed a
2"a time when the underground circuitry can be installed from the new switches at V6 to the
conversion area on 0'Av N. PSE franchise relocation will not prevent the mobilization of these
construction crews.
e)PSE or its contractor will perform cut-over and transfer of existing customers and facilities to
the new underground system, where applicable.
0 PSE will remove the existing overhead system and poles in 2 phases. Phase 1 is along 1st Av
N and Phase 2 is aloe 4`h A-,N^ n ro.ce provided 4ho r'rb'that all Other n+t;Jt al:d
g "po p y ., y
services will be removed off of the poles.
g) PSE, or its contractor, is responsible for all flagging and traffic control during the installation
of wire and removal of the existing overhead system for this project.
h) PSE, or its contractor, will tamp fill holes left from pole removal with crushed rock.
i)PSE will provide on-site inspection services for the installation of PSE facilities that are
installed by the City, or their contractor. PSE will arrange for the inspection services.
j)Inspector and PSE Project Manager or it's representative will attend weekly construction
meetings.
Operating Rights
The existing overhead distribution facilities within the Conversion Area are located within Public
Thoroughfare. The Underground Distribution System will be located within Public
Thoroughfare, or other equivalent rights (title to which shall be in the City's name)pursuant to
Schedule 74 Section 3.
Schedule
City of Kent 3
1"/4`h Avenue North Underground Conversion
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Duct and Vault installation must begin by the end of November 2004 and be completed by the
end of January 2005. Installation of the duct and vault may be constructed in 2 phases as
described in section f PSE responsibilities als— l 6n w
Cost Allocation
Cost allocation for this project will be governedby PSE's Rate Schedule 74. Please refer to the
Compensation and Payment section of the Construction Agreement for additional infomlation.
Cost Assumptions
The project design, construction plans and cost estimates are based on 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.
1. Once PSE crews are mobilized, crews will be provided continuous access to the construction
site and associated electrical work during the core work day hours from 7:OOAM to 6:00 PM
and standard 40 hour work week, Monday through Friday.
2. Should lane closures become necessary,PSE or its contractor vn.'ll be limited to working
between the hours of 5:00 AM and 5:00 PM or as specified by the City's traffic department.
3. Work will be required on tree (3)weekend days to cross Smith St and 4"'Av N. Overtime
premium pay will be required for those Potelco employees that work weekends. Inspection
services and overtime premium pay for the three (3) weekend days that will be scheduled is
included in the cost estimate. Vrlf #Dy
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5. Cutover and transfers of existing customers will be performed during the working period
referenced in assumption 1. Overtime charges will apply for work performed outside of the
working period referenced in assumption 1.
6. The cost estimate,prepared on approximately September 7, 2004 is based on a specific scope
of work to be performed by PSE and/or their contractor with the assumption that PSE crews
will have continuous productive work to install facilities in the conduits and energize the
system, starting no later than January 15`h 2005.
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City of Kent 4I!
1`/4`h Avenue North Underground Conversion
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8. Cityright-of-way use emits are the only permits necessary for PSE to install facilities in
g Y P Y
the conduits, energize the system and remove the existing overhead system and poles and
will be issued within two (2) weeks of submitting a complete permit application(including
any supporting documentation reasonably required by the City). The cost estimate assumes
there will be no charge for the permit(s).
9. Uniformed Police officers are not included for traffic control that may be necessary during
the wire-pulling and wreck-out stages of this project.
10. Conduits and vaults installed by the City for use by PSE are accessible and are installed to
PSE standards suitable for pulling power conductors and installation of power equipment.
11. Locations for new facilities as shown on the plans are available for use.
12. Work requiring a scheduled disruption of electric service to non-residential customers will be
done during work hours specified in assumption 1. Outages shall be scheduled with a
minimum of two (2) business days notice, more if possible. PSE or its contractor will notify
customers of pending outages.
13. Work does not include installation and/or removal of"temporary"facilities at the request of
others during construction.
14. The current cost estimate is based on the installation of facilities at locations shown on the
plans.
15. If the City requests additional mobilizations for wreck out of electrical facilities, PSE will
seek additional compensation.
16. Smith Street and 4 Av N crossings will be constructed on a Saturday or Sunday during
daylight hours.
Additional Considerations
Overhead Service Conversions
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Transfers and cut-overs will be accomplished based on the completed applications received for
service conversions placed by the customers within the conversion area. Once all customers and
the remaining utilities have transferred off the existing overhead system,PSE can begin removal
of the overhead system.
City of Kent 5
15t/41"Avenue North Underground Conversion
#101011034
2/26/03
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New Service
Connection of new or increased,load for City facilities (such as new traffic signals) under terms
of PSE rate schedule 85 will be addressed on a separate work order and work sketch. Additional
costs may apply and will be quoted separately. i
Service Disruption
Some PSE customers within the conversion area will experience disruption of electric service as
a result of this conversion. The following is a list of PSE customers within the conversion area
and what PSE has determined to be the effect on these customers:
Bank of America
US Bank
Washington Mutual
Home Street Bank
City signal/stgreet lights
Metro Park &Ride Garage
105 Building
BN Railway
r
Pastimes
�41Szneer,�uerrz�cttista�ners.ar�d n� �es
Exaiipctlzelowi
�lailsruptzoira�ele�f�lc s�j'��zc��nfa�rp�t�cd� i
S' iiceldisttptQca �tQxtmaY, i7cbhnu3s te#jirlYet�,t�sglLc ,otrst�rrg=utdegetitud
prlprax�.canzlrctQis ic�rew�Bc�:l��,
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PSE Facility Design Standards
The following PSE Design Standards are included in this Project Plaza and may be applicable to
this Conversion Project:
6325.3200 Underground Services
6775.0035 Vault, Handhole and Padmounted Equipment Location
6775.0040 Vault and Handhole Installation
6790.0110 Customer Supplied Trench for Commercial/Multifamily Developments
6800.4050 Depth of Burial Requirements for Underground Cable
6800.6000 PVC Conduit Installation
6825.6505 Installation of Electronic Markers
City of Kent
6 it
15`/4 h Avenue North Underground Conversion
#101011034
2/26/03
I
Acceptance of Project Playa
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By: By:
Date: Date:
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City of Kent 7
1"/4`"Avenue North Underground Conversion
001011034
2/26103
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
® Phone:253-856-5500
K I�T Fax: 253-856-6500
WASHINGTON Address: 220 Fourth Avenue S.
Kent,WA.98032-5895
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DATE: September 20, 2004
TO: Mayor White and Kent City Council
FROM: Don Wickstrom, Public Works Director
SUBJECT: Sale of Properties at the SW quadrant of SE 2741h Way and 108th Ave. SE,west of
the Valley Communications Center(AKA Ramstead Pointe Short Plat)
MOTION: Recommend authorizing the Director of Public Works to subdivide excess properties
acquired for the South 277th Street Corridor project, and the City of Kent Property Manager to
sell same at appraised value.
SUMMARY: The Public Works Department requests authorizing the Director of Public Works
to subdivide excess property remaining from the acquisition property for the South 277th Street
Corridor, and permit the Property Manager to sell the property at the appraised value or higher.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Tmpact
BACKGROUND: In conjunction with the development of the South 277`h Corridor project
numerous properties impacted by the footprint of the project were bought. In this particular case
two parcels, one of which is now part of the right-of-way for South 274th Way, have been short
platted into eight(8)lots. It is my personal belief that we will net$550,000 to $800,000 for the
property. All sales will be at or above appraised value for which we are in the midst of having
the properties appraised. We have yet to complete all the improvements associated with this
corridor project, and the monies received from this would be used to do so. It also should be
noted that this money is not a windfall but an anticipated financial element of the projects
funding.
Mayor White and Kent City Council Authorization to sell property
September 20,2004
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Public Works Committee Agenda
® Councilmembers: Ron HarmonaDebbie RapleenBruce White, Chair
KENT
w�s�I I I.� September 20, 2004
5:00 p.m.
Item Description Action Speaker Time Page
1. Approval of minutes dated August 2, 2004 Yes none 5 1
2. Transportation Demand Model Consultant Services
Agreement-Authorize Yes Wickstrom 5 3
3. Sale of Properties at Ramstead Pointe Short Plat
Authorize Yes Wickstrom 5 23
4. Street Vacation of Portion of SE 278t1i St.
-Set Hearing Date Yes Wickstrom 5 27
5. Puget Sound Energy Construction Agreement-
Authorize Yes Wickstrom 5 37
Unless otherwise noted the Public Works`Committee meets at 5:00 .m. on the 1"&3rd Mondays of each month.
n h p y
Council Chambers'East,Kent City Hall;220 4th Avenue South,Kent,98032-5895.
:For information please contact Public Works Administration(253) 856-5500. '...
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 85&5725 in advance.
For TDD relay service call the Washington Telecommunications Relay'Service at 1-800-833-6388.
P:TubliOAdnlinislnlive Supportg.nI HOublie Works Corm acc MeetiingsTW Agenda's040920.doc
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
A®� Fax: 253-856-6500
KEIV T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA.98032-5895
DATE: Septemb r 21, 2004
TO: Ma ite and Dent City Cotmcil
FROM: Do c Strom, Public Works Director
THROUGH:
SUBJECT: Portion of SE 278th Street—Street Vacation
MOTION: Recommend Council adoption of a resolution setting a public hearing date of
November 16, 2004 for the Street Vacation located along a portion SE 278th Street,
SUMMARY: We have received a valid petition to vacate a portion of SE 278`h Street. In
accordance with state law, a public hearing must be held. The Public Works Department
recommends adoption of a resolution setting the public hearing date.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: By law upon receipt of a valid street vacation petition the City, via
adopting a resolution is required to hold a public hearing thereon within 60 days of passage of
said resolution.
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Mayor White and Kent City Council 1 SE 278`h Sheet —Street Vacation
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone; 253-856-5500
® Fax: 253-856-6500
KEIV Address: 220 Fourth Avenue S.
w n s e H c r o e Kent, WA. 98032-5895 ',
DATE: Septerri er 21, 2004
TO: Ma r ite and Kent City Council
FROM: D i kstrom, Public Works Director
SUBJECT: Sale of Properties at the SW quadrant of SE 274t1i Way and 1081h Ave. SE, west of
the Valley Communications Center (AKA Ramstead Pointe Short Plat)
MOTION: Recommend authorizing the Director of Public Works to subdivide excess properties
acquired for the South 277th Street Corridor project, and the City of Kent Property Manager to
sell same at appraised value.
SUMMARY: The Public Works Department requests authorizing the Director of Public Works
to subdivide excess property remaining from the acquisition property for the South 277`h Street
Corridor, and permit the Property Manager to sell the property at the appraised value or higher.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: In conjunction with the development of the South 277°i Corridor project
numerous properties impacted by the foot print of the project were bought. In this particular case
two parcels, one of which is now part of the right-of-way for South 274`h Way, have been short
platted into eight(8) lots. It is my personal belief that we will net $550,000 to $800,000 for the
property. All sales will be at or above appraised value for which we are in the midst of having
the properties appraised. We have yet to complete all the improvements associated with this
corridor project, and the monies received from this would be used to do so. It also should be
noted that this money is not a windfall but an anticipated financial element of the projects
funding.
Mayor White and Kent City Council Authorization to sell property
September 21, 2004
KS DEPARTMENT
PUBLIC WORKS i
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
®U Fax: 253-856-6500
KE• T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA.98032-5895
DATE: September 20, 2004
TO: Mayor White and I{ent City Council
FROM: Don Wickstrom, Public Works Director
THROUGH:
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SUBJECT: Portion of SE 278th Street— Street Vacation
i
MOTION: Recommend Council adoption of a resolution setting a public hearing date of
November 16, 2004 for the Street Vacation located along a portion SE 278t'' Street.
SUMMARY: We have received a valid petition to vacate a portion of SE 278th Street. In
accordance with state law, a public hearing mast be held. The Public Works Department
recommends adoption of a resolution setting the public hearing date.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel hnpact
BACKGROUND: By law upon receipt of a valid street vacation petition the City, via
adopting a resolution is required to hold a public hearing thereon within 60 days of passage of
said resolution.
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Mayor White and Kent City Council 1 SE 278" Street —Street Vacation
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of the portion
of Southeast 278`h Street, in the City of Kent; and setting
the public hearing on the proposed sheet vacation for
November 16, 2004.
RECITALS
A. A petition, attached as Exhibit A, has been filed by Cherie Lang to
vacate a portion of Southeast 278`11 Street, located in the City of Kent, Washington.
B. The petition is signed by the owners of at least two-thirds of the real
property abutting that portion of Southeast 278th Street to be vacated;.
C. The petition is in all respects proper.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. —Public Hearing. A public hearing on the street vacation petition
requesting the vacation of a portion of Southeast 278`h Street shall be held at a regular
meeting of the Kent City Council at 7:00 p.m., Tuesday, November 16, 2004, in the
1 Southeast 278t1' Street Vacation
Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington,
98032.
SECTION 2. —Notice. The City Clerk shall give proper notice of the hearing
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and cause the notice to be posted as provided by state law, Chapter 35.79 RCW.
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SECTION 3. — Information. The Planning Manager shall obtain any other
necessary information from appropriate departments and shall transmit the information
to the Council so that the Council may consider the matter at its regularly scheduled
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meeting on November 16, 2004.
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SECTION 4. — Severability. If any section, subsection, paragraph, sentence,
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clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
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SECTION 5. —Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. —Effective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of
Kent,Washington, this day of October,2004.
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CONCURRED in by the Mayor of the City of Kent this day of October,
2004.
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JIM WHITE, MAYOR
2 Southeast 278"' Street Vacation
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No. _passed
by the City Council of the City of Kent,Washington, the day of October, 2004.
BRENDA JACOBER, CITY CLERK
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P:K.Sell\RP.SOLLMON TVAC�23]9lhsveeo-rnnBcxeonne.doc
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3 Southeast 278"'Street Vacation
KENT
WABHINOr ON
Mayor Jim White I{IYA' : r�' _ l -1f 67
Old KIVA'#RPTS -2�3�22
MAIL TO: CITY. OF �ENT
A APPLICANTt
CITY OFKENT �_I'a �?l NAME: Cherie Lang
Property Management ..
220 S.4"Avenue "' " ADDRESS: 24431 'SE 178th St.
Kent,Washington 98032
Attn: Jerry McCaughan Maple Valley, WA 9803
r_ li
; - - + PRONE: 206-391-2021 �o
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STREET AND/OR ALLEY VACATION APPLICATION ANTS PETITION
Dear Mayor and Kent City Council: 1
We,the undersigned abutting property owners,hereby respectfully request that certain sE .
278th St. hereby be vacated,
Legal Description of Street/Alley Sought to be Vacated
(Must Contain Total Square Feet of Area Sought To Be Vacated)
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
A"CURRENT"ownership and encumbrance report must be
submitted with this application that covers all the abutting
properties contiguous to alley or street sought to be vacated, When
Corporations,partnerships,etc,are being signed for,and then
proof of individual's authority to sign for same shall also be j
submitted.
Attach a color-coded map of a scale of not less than 1"=200' of the area sought tar vacnti ja,
(NOTE) Map must correspond with legal description,
ABUTTING PROPERTY OWNERS TAX LOT 4
SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC,TOWN.RG,
^
k 'Ub / 9 /?�(� 342205-9171
27626 - 145th Pl. SE
Kent, WA 98031 :.
1
$150.00 Fee Paid. Perna B Treasurer's Receipt No.
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Rocaipt No.
Deed Accepted Date
Trade Accepted Date
EXHIBIT . "A"
S:Wrapcny MannacmenVication App.doe
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PROPOSED STREET VACATION
Lang Shod Subdivision—
LEGAL DESCRIPTION:
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF THE NORTHEAST
114 OF SECTION 34,TOWNSHIP 22 NORTH,RANGE 5 EAST,W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 30 FEET OF
SAID NORTH HALF WITH THE EAST LINE OF SAID NORTH HALF;THENCE NORTH
89d21'30"WESTALONG SAID NORTH LINE 440 FEET TO THE TRUE POINT OF
BEGINNING;THENCE NORTH 89d21'30"WEST 169.90 FEET;THENCE SOUTH DDd55'38"
WEST 39.00 FEET;THENCE SOUTH 89d39'30"EAST 12.27 FEETTO A POINTOF
CURVATURE;THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY DIRECTION
HAVING A RADIUS OF 414.43 FEET,AN ARC OF 139.20 FEET;THENCE NORTH '...
79d34'22"EAST 21.68 FEET;THENCE NORTHOOd55'38"EAST 10:90 FEET TOTHE TRUE
POINT OF BEGINNING. a c PT 74;c: SOu-rw 2a `( 5:as reel T-heoP"op
AREA TO BE VACATED: �'w'SF -
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S.278TH STREET
(east of 1451h PI SE)
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SE 274 PL
SE 275 ST
SE 276 PL SE 276 PL
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SE 279 ST
AREA TO •-
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SE 282 ST
SE 282 ST
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Street Vacation Location Map
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open deck yJ° °N yNd�
45.7' _ 428.1
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500 '..
j(
® Fax: 253-856-6500
KE N T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA. 98032-5895
DATE: SAtmb r 20,2004TO: PW rks Committee
FROM: Ds Strom, Public Works Director
SUBJECT: Transportation Demand Model
MOTION: Recommend the Council authorize the Mayor to sign the Consultant Services
Agreement between the City of Kent and PTV America, Inc. to convert the City of Kent 2003
Transportation Model to version 9.1 of the VISUM software.
SUMMARY: The consultant shall provide services necessary to convert the City
of Kent transportation model to version 9.1 of the VISUM software,updating forecasts and
adding truck trip data to the model.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact as the funding
($25,421.00)would come out of the respective project fund.
BACKGROUND: In 2003, the Public Works Engineering/Transportation section
went through the painstaking process of updating the city's transportation model in order to write
the Transportation Element(Chapter 9) of the city's Comprehensive Plan Update. During that
process, it became clear that the city's existing transportation model was in dire need of
modernization as far as software capabilities. While still technically sound and able to manage a
great deal of data,the existing transportation model is written in the old DOS format and is
cumbersome to operate. There are very few people(even in our IT department)who are still
knowledgeable about DOS computer language. Converting the existing transportation demand
model to the VISUM software would move the city's modeling effort into a Wnndow's-based
computer software system and facilitate writing the needed update to the city's Comprehensive
Transportation Plan. It is essential to be able to model travel demand in order to help determine
future transportation system needs,to update the 6 year TIP, for the long-term CIP, and for
potential revisions to the concurrency management ordinance. This new software will allow us
to separate out truck trips from the other vehicle traffic. Having the ability to model freight trip
demand (origins and destinations) in future scenarios will help us when applying for grants
related to freight corridors. While in the process of conversion from one model to another, we
will take this opportunity to add in those land-use changes which have occurred since the 2003
model update (large developments in Kent&neighboring jurisdictions) as well as the latest
transportation system changes.
Mayor White and Kent City Council 1
Y tY
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Consultant: PTV America Inc.
Project: Transportation Model
Amount: $25 421.00*
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Date: September 9 2004
Please circulate for approval to process the attached agreement.
Project Engineer (JM ?h 0
Initials and Date
Eng.Manager 5&° g -Vaf
lintial§and Date
Doll 0�
Initials and Date
*Date of Council Approval:
For contracts over$25,000.00,please include the date of council approval for the budget of this
proj ect.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
PTV America, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and PTV America, Inc, organized under the laws of the State of Washington, located
and doing business at PO Box 1850, Vashon, WA 98070, Phone: (206) 463-3768/Fax: (206) 463-5055,
Contact: Robert Shull (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 consultation to the Ctiy to convert the City of Kent's transporation
model to version 9.1 of the VISUM software, updating forecasts and adding truck trip data to the
model. For a detailed description, see the Scope of Work which is attached as Exhibit A and
incorporated by this reference.
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Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices 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. Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I by April 29, 2005.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty
Five Thousand, Four Hundred Twenty One Dollars ($25,421.00) for the services described in
this Agreement. This is the maximum amount to be paid under this Agreement for the work
described in Section I above, and shall not be exceeded without the prior written authorization of
the City in the form of a negotiated and executed supplemental 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
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
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 m ake 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 and that 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.
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 Dent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VIL 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 liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
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.
CONSULTANT SERVICES AGREEMENT-2
(Cher$10,000)
1X. 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 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. E ven though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, t he w ork must in eet the approval o f the C ity and s hall b e subject t o t he C ity's general r ight o f
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.
XHL MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80. of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, 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 maybe hereafter specified in writing.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
E. Assi ng ment. 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 persomiel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF IaNT:
ray: By:
(signature) (sigr:alm-e)
Print Name: Print Name: Jim White
Its Its Mayor
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Robert Shull Don E. Wickstrom,P.E.
PTV America, Inc. City of Kent
PO Box 1850 220 Fourth Avenue South
Vashon, WA 98070 Kent, WA 98032
(206) 463-3768 (telephone) (253) 856-5500 (telephone)
206) 463-5055 (facsimile (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
PTV America-Trxnspomlaion Model/Mooney
CONSULTANT SERVICES AGREEMENT-5
(Over$10,000)
i
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Dent 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 Dent 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.
Dated this day of 1200_.
By:
For:
Title:
i
Date:
1
it
EEO COMPLIANCE DOCUMENTS- t
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 Dent 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.
I
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.
i
EEO COMPLIANCE DOCUMENTS -2
I
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-ientioned company was the prime contractor for the Agreement
known as that was entered into on the (date,
between the fine 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.
Dated this day of 1200
By:
i
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT A
CITY OF KENT
2004 MODEL CONVERSION AND UPDATE
SCOPE OF WORK
{
The goal of this project is to convert the City of Kent transportation model to version 9.1 of the VISUM
software. This is described— more detail with level of effort and cost estimat s.
This effort involves importing the TMODEL network, including link and node coding, turn movement j
penalties, and multi-point assignment equivalencies.
GIS data layers will be imported, including available aerial photography, and the model will be registered
over these layers.
Travel characteristics data will be imported including land use,trip generation, and trip distribution.
Intersection detail will be added using the Synchro database for approximately 125 signal locations within
the City of Kent. This will include adding data on turn lanes and timing. This level of detail will facilitate
microsimulation of traffic operation in VISSIM and computation of intersection LOS using VISUM.
Truck Count data as percentages will be coded into the VISUM data base. Counts or percentages will be
required for all model externals and key locations within the model network.
A separate truck trip purpose will be added to the revised trip generation. The gravity distribution model
will updated to accommodate the truck trip purpose. This will not be a full freight model but it should be
sufficient to reflect the truck volumes on major facilities.
i
The model will be calibrated to the 2000 counts and will.meet or exceed SHWA standard calibration
validation statistics on a total volume(trucks phis passenger vehicles)basis.Volumes will be reported as
{
passenger vehicles, trucks, and total vehicles.
i,
After the model is calibrated, the 2010 No-Build,2010 Build, 2020 No-Build, and 2020 Build model
versions will be recreated in VISUM.This includes updating the networks as well as the travel
characteristics. Additional detail will be added for intersection improvements.
The model parameters and changes will be documented in an update to the Kent model documentation.
i
i
i
City of Kent-Model Conversion-PTV America,Inc-9/3/2004 Page 1
BUDGET
The budget is presented using estimated Level of Effort. Efforts in the Principal column will be conducted
by Robert Shull. Efforts in the Engineer column will be conducted by Tony Woody and/or Kean Lew.All
are staff members of PTV America,Inc.
City of Kent
Model Conversion, Calibration, and Forecasts
TASKS Principal Engineer Total
Convert Network 2 8 10
Convert Travel Characteristics 2 6 8
Add Intersection Detail 4 62 66
Add Truck Counts 2. 8 10
Add Truck Trip Purpose 2 8 10
Recalibration 10 20 30
Update 2010 and 2020 8 40 48
Documentation 4 16 20
Meetings and Admin (including travel) 8 8 16
TOTAL HOURS 42 176 218
Labor cost $23,110
Direct Expenses, fee, and contingencies $2,311
TOTAL ESTIMATE $25,421
City of Kent-Model Conversion-PTV America,Inc-9/3/2004 Page 2
i
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may wise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor 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 Seivices Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary,the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations,personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be
no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to
the work performed for the City using ISO additional insured endorsement
CG 20 10 1185 or a substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
B. Minimum Amounts of Insurance
Contractor 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$1,000,000 each occurrence, $1,000,000 general aggregate
and a $1,000,000 products-completed operations aggregate limit.
EXHIBIT B (Continued)
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:
I. The Contractor'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 Contractor's insurance and shall not
contribute with it.
2. The Contractor'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 contractor 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
Contractor'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
ANTI.
E. Verification of Coverage
Contractor 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
Contractor 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 Contractor.
PTV AMERICA INC 6417S48BB7 08/13/04 02125pm P. 001
ACORDM CERTIFICATE OF LIABILITY INSURANCE oA;/oii2° '
PRODUCER (541) 744-7550 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Selco Services Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
925 Harlow Road #210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Springfield OR 97477- INSURERS AFFORDING COVERAGE NAIL#
INSURED INSURER A:As surance Co America
ptv America Inc iNSURERB:Continental Casualty
1128 NE 2nd Street; Suite 204 INSURERC:Ma land Casualty
SURER D:
Corvallis OR 97330- INSURER E:
COVERAGES '..
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM5.
INSR ADS' POLICY EFFECTNE POLICY EXPIRATION LIMITS
L NS TYPE OF INSURANCE POLICYNUMBER DATE(MMiDDtYY DATE IMMIDDYY
A X GENERALLIABILITY / / / / EACH OCCURRENCE $ 1,000,000
DAMAGX COMMERCIALGENERALLIABIITY PREM1ES(Eq RENTED 1,000,000
PREMISES TO RENTErenGB $
DLAIMSMAUE F OCCUR PPSO42318114 07/01/2004 07/01/2005 MEDEXP A ane fsan 5 10,000
PERSONAL&ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 8 2,000,600
POLICY J'Ni LOG
A AUTOMOBILE LIABIUtt EHS92315114 07/01/2004 07/01/2005 COMBINED SINGLE LIMIT $ 1,000,OLIO
ANY AUTO IEe acaidenl)
ALL OWNED AUTOS / / / / BODILY INJURY $�
SCHEDULED AUTOS (Por parson)
X MREDAUTOS / / / / BODILYINJURY $
(Per a¢Idenl)
X NON-OV.MED AUTOS �.
PROPERTYDAMAGE S
IPeraaJUan1 'i
GARAGE LIABILI'W AUTO ONLY-EA ACCIDENT $
ANYAUTO / / / / OTHER THAN EAA00 S
AUTO ONLY: ADD S
A EXCESSNMBRELLA LIABILITY FPSO4231B114 07/01/2004 07/Dl/2005 EACH OCCURRENCE 1,000,00() '..
X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000
S
DEDUCTIBLE / / / / $
X RETENTION S 10,000 $
C WORKERS COMPENSATION AND 042577297 09/15/2003 09/15/2004 X RV LIMITS ER
EMPLOYERS'LIABILITY 500 000
ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ r
OFFICEWMEMBER EXCLUDED? / / / / El.DISEASE-EA E EE$ 50MPLOY0,000
Nyes,desalbeuntler E.L.DISEASE-POLICYUMIT Is 500,000
SPECIAL PROVISIONS below
B OTHER prop Liab AEAl14U09166 07/01/2004 07/01/2005 Per Claim Limit 1,000,000
Aggregate Limit 1,000,000
Deductible $22,500/claim
DESCRIPTION OF OPERATIONSILOGATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
re: Transportation Model
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,BUT
City of Kent FAILURE E O OBLIGATION OR LIABILITY OF ANY KIND UPON THE
220 4th Avenue S INSURER ADEN OR P J .
S(/ _
AUTHORIZE E T '
Kent WA 98032-
ACORD 25(2001108) a ACORD CORPORATION 1988
+N INS025(0,M)0E ELECTRONIC LASER FORMS,INC.-(S00)527-0545 Pe0a1 oft
POLICY NUMBER: 6010S-27-61 COMMERCIAL GENERAL LIABIL
ITY
Tuie :" NMEMENT CKANG S THE POLICY. PLEASE READ IT CAac
--., ,�FULLY.
ADDITIONAL IPISttR3v = 'JW,'v'cRa, LESSEES OR
CONTRACTORS `FORM B)
This endorsement modifies Insurance provided under the fonowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Persoq or Organization:
CITY OF RENT
(If ho entry appears above, Informatlon required to complete this endorsement will be shown In the Declera-
tlons as nppllcable to this endoroement.)
WHO IS AN INSURED (Section 11) Is amended to include as an Insured the person or organization shown in
the Schedule, but only with respect to liablll(y eris)ng out or your ongoing operations performed for that In-
sured.
i
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
Phone:253-856-5500
U® Fax: 253-856-6500
KE` -T Address: 220 Fourth Avenue S.
WASHINGTON
Kent,WA. 98032-5895 '..
DATE: September 14, 2004
TO: Public Works Committee
FROM: Don Wickstrom, Public Works Director
SUBJECT: Puget Sound Energy Construction Agreement for
1st Avenue N. and 4th Avenue N. Underground Power Conversion
MOTION: Recommend authorizing the Mayor to sign the Puget Sound Energy Construction
Agreement upon concurrence of the language therein by the City Attorney and the Public Works
Director.
SUMMARY: The Public Works Director recommends approval of the agreement and that the
Mayor be authorized to sign same upon concurrence of the final language by the City Attorney.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: As part of the Kent Station project and Sound Transit Improvements,the
City is widening 1"Avenue N. between Temperance Street and Smith Street and4th Avenue N.
between'Temperance Street and Harrison Street. Along both street, overhead utilities need to be
converted to underground in accordance with City ordinance. The attached draft agreement with
Puget Sound Energy establishes a scope of work, schedule, and costs for PSE's work.
Preliminary estimate for the City's portion of the work is $80,000 - $130,000.
Mayor White and Kent City Council 1 Puget Sound Energy Construction Agreement
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: 1st Avenue North and 4th Avenue North Conversion
Project Number: PSE#10530193
THIS Agreement, dated as of this_day of , 200 , is made by and
between CITY OF KENT, a Municipal Corporation (the"Government Entity'), and PUGET SOUND
ENERGY, Inc., a Washington Corporation (the"Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area")with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the"Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of the 191h day of April, 2004 (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:
1) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
IV) Trenching and Restoration;
v) Underground Distribution System; and
A) Underground Service Lines.
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a"comparable"system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
Construction Agreement, Attachment'B" to Schedule 74, Pagel
City of Kent: I"Avenue North and 41h Avenue North Conversion
PSE Notification#10530293
i
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.
Q) "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, (it)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.
(1) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs"shall mean (i)all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii)the distribution
pole replacement costs (if any)that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
Construction Agreement,Attachment"B"to Schedule 74, Page 2
City of Kent: 1 st Avenue North and 4M Avenue North Conversion
PSE Notification#10530293
1
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 tha 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 (it)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 anyjoint use of trenches by other utilities as permitted under Section 3(b).
(s) "Work"shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including,without limitation,the Company Work(as
defined in Section 2(a), below)and the Government Work(as defined in Section 3(a),below).
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obligations of the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the"Company Work"):
Construction Agreement,Attachment"B"to Schedule 74, Page 3
City of Kent: I"Avenue North and 4'h Avenue North Conversion
PSE Notification#10530293
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
Ili) 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 (Ili)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.
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(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance twith the Project Plan, the Work Schedule and this Agreement.
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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
Ili) 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 (1)the Government Work completed to date, (ii)the
Government Work yet to be completed, and (Ili)an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
Construction Agreement, Attachment"B"to Schedule 74, Page 4
City of Kent: 1:t Avenue North and 41h Avenue North Conversion
PSE Notification#10530293
(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; (H) changes in the
specifications, drawings and other requirements in the Project Plan, (iii)changes in the Work
Schedule, and (iv)changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for,the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs,the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any)and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (H)the discovery of any condition within the Conversion Area which affects the scope, cost,
Construction Agreement,Attachment"B"to Schedule 74, Page 5
City of Kent: 1st Avenue North and 41h Avenue North Conversion
PSE Notification#10530293
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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(ill) 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 Casts 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.
ill) 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.
A) 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)(1), and adjusting such amount as follows:
i) Subtracting(as a credit to the Government Entity)the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company)the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity)any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive
number,and (B) shall be an amount payable to the Government Entity if it is a negative number.
Construction Agreement, Attachment"B"to Schedule 74, Page 6
City of Kent: Vt Avenue North and 4`h Avenue North Conversion
PSE Notification#10530293
(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: (1) 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 Companv Costs by the following
categories, as applicable: (i)design and engineering costs, and (H) 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.
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(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys'fees)caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under.Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in anyway
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
Construction Agreement, Attachment"B"to Schedule 74, Page 7
City of Kent: 1st Avenue North and 4lh Avenue North Conversion
PSE Notification#10530293
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
whn shall he responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10)business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty(20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s)shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys'fees); provided, that, in any arbitration,the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys'fees)by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
Construction Agreement, Attachment"B"to Schedule 74, Page 8
City of Kent: 1 s`Avenue North and 41"Avenue North Conversion
PSE Notification#10530293
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$2,000,000 per
occurrence and $2,000,000 aggregate for personal injury; and $2,000,000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of$2,000,000,
(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 Subject To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company(i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty(30)days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
Construction Agreement,Attachment"B"to Schedule 74, Page 9
City of Kent: 1 st Avenue North and 41"Avenue North Conversion
PSE Notification#10530293
(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.
(a) 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 fnr 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.
(1) 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.
Q) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of,to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
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Construction Agreement,Attachment'B"to Schedule 74, Page 10
City of Kent: 1 st Avenue North and 4t"Avenue North Conversion
PSE Notification#10530293
(1) 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
Attn.
Fax:
If to the Company: Puget Sound Energy, Inc.
6905 South 228th Street. SKC-SVC
Kent WA 98032
Attn: Linda Streissguth
Fax: 253-395-6882
Any Party may change its address specified in this Section 13(I)by giving the other Party notice of
such change in accordance with this Section 13(I).
(m)Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties,whether
written or oral,with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity: Company:
CITY OF KENT PUGET SOUND ENERGY, INC.
BY
BY
ITS ITS
Date Signed Date Signed
Approved as to form:
Construction Agreement,Attachment"B" to Schedule 74, Page 11
City of Kent: 1st Avenue North and 4th Avenue North Conversion
PSE Notification#10530293
PUGET SOUND ENERGY
Joint Draft 8-26-04 — Linda, Arnie, Mark, Ken &
Kate
.C,C;:edule 74 ConStruetion .",reement
Exhibit A "Project Plan"
City of Kent: 15t Avenue North and 4th Avenue North Conversion
PSE Notification Number
PSE Superior Order Number 101021657
City of Kent Project Number 04-3003
This Project Plan describes work to be performed by Puget Sound Energy (PSE) and the City of
Kent(the City) for the conversion of certain PSE electrical distribution system facilities as
described herein(the Conversion Project). In addition to this document,the Project Plan
includes and consists of:
Attachment A—Applicable drawings, requirements and specificaitons for the coversions
Project work.
Attachment B—Summary of Estimated Conversion Project Costs
Attachment C - All relevant PSE Standards for installation of PSE facilities
Revisions to this Proiect Plan must be mutually approved by the City and PSE.
Scope of Work
The project includes conversion of the existing overhead electrical distribution facilities (15 kV
or less) to underground facilities within the City public thoroughfare along portions of two
separate roadways, 1"Avenue North and 4th Avenue North. The project limits along V Ave are
Inn Temperance to Smith street and along 4`h Av from North of the Bank of America property to
mid block betweeen Harrison and Meeker St. The portion of the project along I"Avenue North
extends a distance of approximately 400 feet and the portion of the project along 4th Avenue
North including the extension to Smith St Switch Cabinets extends a distance of approximately
1095 feet. The projcot includes removal ofPSE's existing overhead distribution facilities from
the areas described above, with the exception of the overhead services to the 105 building on 1"
Av N. Scope will need to include any PSE upgrades and description of the franchise relocation
work.
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City would like spare conduits installed between Meeker &Smith for potential new business
development. Per discussions, City can install what they would like independent of the PSE
City of Kent 1
I"/4`n Avenue North Underground Conversion
#101011034
2/26/03
design. Recommend pictures with details for depth&type be on file, should.they sell or assign
this conduit to the new businees customer to avoid digging up the sidewalks, etc.
A new connection point for every customer within the conversion area will be provided by the
new underground system.
Responsibilities of Parties
City
a) The City will provide all surveying for equipment placement locations and establish all grade
elevations for new PSE underground distribution facilities within the conversion area.
b) The City, or its contractor, will provide all necessary excavation,bedding,backfill, off-site
disposal, and site restoration for the conversion project, along with the coordination of other
utilities participating in the conversion project.
c) The City, or its contractor, will install all ducts and vaults for the new PSE distribution
facilities in accordance with PSE Standards using materials provided by PSE.
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d) The City, or its contractor,will provide PSE, or its contractor, ten(10) working days notice of
anticipated conduit and vault installation to allow for delivery of PSE's materials and scheduling
of the on-site Inspector. A working day is defined as an 8 hour workday Monday through
Friday between the hours of 7:00 AM and 6:00 PM, excluding holidays.
e) The City, or its contractor, shall provide a secure staging area for materials storage. A
schedule for vault deliveries must also be provided to coincide with the contractor's schedule.
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g) The City, or its contractor, is responsible for coordinating and scheduling removal of other
utility attachments on PSE poles.
h) The City will provide ten (10) working days notice to schedule mobilization and wreck-out of
PSE conductors,devices, equipment and poles.
i) The City, or its contractor, is responsible for all flagging and traffic control, including
Uniformed Officers when required, for the duct and vault installation phase of this project.
j) The City, or its contractor,will provide scheduled excavation within two (2)working days
notice for cut overs and locations where PSE or its contractor's line crews will intercept
energized facilities. Cut over is defined as rerouting an existing electrical facility from the
overhead system to the new underground connection point.
PSE
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a) PSE, or its contractor, will provide all of the duct and vault materials necessary for the
electrical supporting structure, along with inspection services needed for overseeing the proper
installation of such. Materials will be delivered within the ten(10)working day notice provided
by the City.
b) 'PSE will accept delivery of the completed duct and vault system once the new system has
been"proofed"by the City, or its contractor. "Proofing"is defined as: successful confirmation
by use of a mandrel that the duct system is free and clear of debris and damage, installed to the
proper grade and location and containing a pulling line. Mandrel will be loaned to the city or it's
contractor.
i
c) PSE will mobilize construction crews when the circuitry can be installed from the new switch
locations from V6 to the conversion area on 1"Av N. Construction crews will be mobilezed a
2"a time when the underground circuitry can be installed from the new switches at V6 to the
conversion area on 0'Av N. PSE franchise relocation will not prevent the mobilization of these
construction crews.
e)PSE or its contractor will perform cut-over and transfer of existing customers and facilities to
the new underground system, where applicable.
0 PSE will remove the existing overhead system and poles in 2 phases. Phase 1 is along 1st Av
N and Phase 2 is aloe 4`h A-,N^ n ro.ce provided 4ho r'rb'that all Other n+t;Jt al:d
g "po p y ., y
services will be removed off of the poles.
g) PSE, or its contractor, is responsible for all flagging and traffic control during the installation
of wire and removal of the existing overhead system for this project.
h) PSE, or its contractor, will tamp fill holes left from pole removal with crushed rock.
i)PSE will provide on-site inspection services for the installation of PSE facilities that are
installed by the City, or their contractor. PSE will arrange for the inspection services.
j)Inspector and PSE Project Manager or it's representative will attend weekly construction
meetings.
Operating Rights
The existing overhead distribution facilities within the Conversion Area are located within Public
Thoroughfare. The Underground Distribution System will be located within Public
Thoroughfare, or other equivalent rights (title to which shall be in the City's name)pursuant to
Schedule 74 Section 3.
Schedule
City of Kent 3
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Duct and Vault installation must begin by the end of November 2004 and be completed by the
end of January 2005. Installation of the duct and vault may be constructed in 2 phases as
described in section f PSE responsibilities als— l 6n w
Cost Allocation
Cost allocation for this project will be governedby PSE's Rate Schedule 74. Please refer to the
Compensation and Payment section of the Construction Agreement for additional infomlation.
Cost Assumptions
The project design, construction plans and cost estimates are based on 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.
1. Once PSE crews are mobilized, crews will be provided continuous access to the construction
site and associated electrical work during the core work day hours from 7:OOAM to 6:00 PM
and standard 40 hour work week, Monday through Friday.
2. Should lane closures become necessary,PSE or its contractor vn.'ll be limited to working
between the hours of 5:00 AM and 5:00 PM or as specified by the City's traffic department.
3. Work will be required on tree (3)weekend days to cross Smith St and 4"'Av N. Overtime
premium pay will be required for those Potelco employees that work weekends. Inspection
services and overtime premium pay for the three (3) weekend days that will be scheduled is
included in the cost estimate. Vrlf #Dy
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5. Cutover and transfers of existing customers will be performed during the working period
referenced in assumption 1. Overtime charges will apply for work performed outside of the
working period referenced in assumption 1.
6. The cost estimate,prepared on approximately September 7, 2004 is based on a specific scope
of work to be performed by PSE and/or their contractor with the assumption that PSE crews
will have continuous productive work to install facilities in the conduits and energize the
system, starting no later than January 15`h 2005.
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��s�n p�ans'sforthe co1}v�rston�ef�t�Jt,Conduits afit�'�aultss>l'u11�b��nst�llcdtn aceo�d�xee
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City of Kent 4I!
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8. Cityright-of-way use emits are the only permits necessary for PSE to install facilities in
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the conduits, energize the system and remove the existing overhead system and poles and
will be issued within two (2) weeks of submitting a complete permit application(including
any supporting documentation reasonably required by the City). The cost estimate assumes
there will be no charge for the permit(s).
9. Uniformed Police officers are not included for traffic control that may be necessary during
the wire-pulling and wreck-out stages of this project.
10. Conduits and vaults installed by the City for use by PSE are accessible and are installed to
PSE standards suitable for pulling power conductors and installation of power equipment.
11. Locations for new facilities as shown on the plans are available for use.
12. Work requiring a scheduled disruption of electric service to non-residential customers will be
done during work hours specified in assumption 1. Outages shall be scheduled with a
minimum of two (2) business days notice, more if possible. PSE or its contractor will notify
customers of pending outages.
13. Work does not include installation and/or removal of"temporary"facilities at the request of
others during construction.
14. The current cost estimate is based on the installation of facilities at locations shown on the
plans.
15. If the City requests additional mobilizations for wreck out of electrical facilities, PSE will
seek additional compensation.
16. Smith Street and 4 Av N crossings will be constructed on a Saturday or Sunday during
daylight hours.
Additional Considerations
Overhead Service Conversions
i
Transfers and cut-overs will be accomplished based on the completed applications received for
service conversions placed by the customers within the conversion area. Once all customers and
the remaining utilities have transferred off the existing overhead system,PSE can begin removal
of the overhead system.
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i
i
New Service
Connection of new or increased,load for City facilities (such as new traffic signals) under terms
of PSE rate schedule 85 will be addressed on a separate work order and work sketch. Additional
costs may apply and will be quoted separately. i
Service Disruption
Some PSE customers within the conversion area will experience disruption of electric service as
a result of this conversion. The following is a list of PSE customers within the conversion area
and what PSE has determined to be the effect on these customers:
Bank of America
US Bank
Washington Mutual
Home Street Bank
City signal/stgreet lights
Metro Park &Ride Garage
105 Building
BN Railway
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Pastimes
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S' iiceldisttptQca �tQxtmaY, i7cbhnu3s te#jirlYet�,t�sglLc ,otrst�rrg=utdegetitud
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PSE Facility Design Standards
The following PSE Design Standards are included in this Project Plaza and may be applicable to
this Conversion Project:
6325.3200 Underground Services
6775.0035 Vault, Handhole and Padmounted Equipment Location
6775.0040 Vault and Handhole Installation
6790.0110 Customer Supplied Trench for Commercial/Multifamily Developments
6800.4050 Depth of Burial Requirements for Underground Cable
6800.6000 PVC Conduit Installation
6825.6505 Installation of Electronic Markers
City of Kent
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I
Acceptance of Project Playa
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City: For PSE:
By: By:
Date: Date:
i
i
City of Kent 7
1"/4`"Avenue North Underground Conversion
001011034
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E. Public Works Director
® Phone:253-856-5500
K I�T Fax: 253-856-6500
WASHINGTON Address: 220 Fourth Avenue S.
Kent,WA.98032-5895
i
DATE: September 20, 2004
TO: Mayor White and Kent City Council
FROM: Don Wickstrom, Public Works Director
SUBJECT: Sale of Properties at the SW quadrant of SE 2741h Way and 108th Ave. SE,west of
the Valley Communications Center(AKA Ramstead Pointe Short Plat)
MOTION: Recommend authorizing the Director of Public Works to subdivide excess properties
acquired for the South 277th Street Corridor project, and the City of Kent Property Manager to
sell same at appraised value.
SUMMARY: The Public Works Department requests authorizing the Director of Public Works
to subdivide excess property remaining from the acquisition property for the South 277th Street
Corridor, and permit the Property Manager to sell the property at the appraised value or higher.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Tmpact
BACKGROUND: In conjunction with the development of the South 277`h Corridor project
numerous properties impacted by the footprint of the project were bought. In this particular case
two parcels, one of which is now part of the right-of-way for South 274th Way, have been short
platted into eight(8)lots. It is my personal belief that we will net$550,000 to $800,000 for the
property. All sales will be at or above appraised value for which we are in the midst of having
the properties appraised. We have yet to complete all the improvements associated with this
corridor project, and the monies received from this would be used to do so. It also should be
noted that this money is not a windfall but an anticipated financial element of the projects
funding.
Mayor White and Kent City Council Authorization to sell property
September 20,2004
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