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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/19/2012 I Public Works Committee Agenda Councilmembers: Dana Ralph+Dennis Higgins+Elizabeth Albertson, Chair • KEIV"T wns III HeroH November 19, 2012 4:00 p.m. Item Description Action Speaker Time Page 01. Approval of Minutes Dated November 5, 2012 YES None 03 03 02. Agreement/Union Pacific Railroad/Pipeline YES Garrett Inouye 05 09 Crossing Agreement 03. Contract/Shearer Design 641h Avenue S YES Garrett Inouye 05 31 Channel Improvements Phase II 04. Contract/Integra Realty Group - Upper Mill YES Garrett Inouye 05 37 Creek Dam Improvements Project 05. Public Utility Funds/Surplus and Disposal of YES Ron Green 05 43 Miscellaneous Materials & Fleet Update 06. Information Only/Lakes Area Levee Meeting - NO Alex Murillo 05 45 Update 07. Information Only/Snow & Ice Response NO Bill Thomas 15 47 Preparedness 08. Information Only/SE 223rd Drive Residential NO Rob Knutsen 10 49 Traffic Calming - Update Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each month. 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) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. 3 PUBLIC WORKS COMMITTEE Minutes of Monday, November 5, 2012 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and Committee members Dana Ralph and Dennis Higgins were present. The meeting was called to order at 4:10 p.m. Item 1 — Approval of Meeting Minutes Dated October 22, 2012: Ralph MOVED to approve the minutes of October 22, 2012. The motion was SECONDED by Higgins and PASSED 3-0. Item 10 — Information Only/223rd Street Traffic Calming — Update: This item at the request of the Public Works Committee was moved to the beginning of the meeting. Transportation Engineering Specialist Rob Knutsen gave a presentation on the street traffic calming for 223rd. At the neighborhood meeting on October 3, 2012 two groups volunteered to form a speed watch. There were approximately 50 people in attendance at the meeting. The two groups spent October gathering data; with the goal of getting the data together for the next traffic calming meeting in November, and then presenting the report at the November 19th Public Works Committee meeting. Albertson asked if the 223rd & 224th areas have worked together. Knutsen commented that they are two different areas. He stated the 224th area has a proposed solution which the neighborhood committee hopes to put into place next year. Information Only/No Motion Required Item 2 — Contract/2013 Water Treatment Chemicals — with JCI Jones Chemicals, Inc. & Cascade Columbia Distribution: Interim Water Superintendent Sean Bauer gave a brief PowerPoint presentation on the 2013 Water Treatment Chemicals. He noted that the City advertises annually for water treatment supply chemicals. The use of these chemicals meets state and federal regulations for drinking water standards. Bauer explained why the chemicals are needed in our water system. There are two separate contracts we are entering into: one for Sodium Hydroxide, which is used to adjust the pH levels in the water, and another for, chlorine that is used to kill viruses and pathogens. JCI Jones was the low bidder. The second contract is for Sodium Fluoride which prevents dental cavities in children and Potassium which removes iron and manganese from water, preventing stains on plumbing fixtures. Cascade Columbia was the low bidder. 4 PUBLIC WORKS COMMITTEE Minutes of Monday, November 5, 2012 Albertson noted that they recently went and looked at some of our water treatment facilities. Sean Bauer added that the contract prices were slightly lower than last year. Higgins MOVED to recommend Council authorize the Mayor to sign the 2013 Water Treatment Chemical Supply Agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and 25% Sodium Hydroxide, in an amount not to exceed $107,130.00, and the 2013 Water Treatment Chemical Supply Agreement with Cascade Columbia Distribution for Sodium Fluoride and Potassium Permanganate in an amount not to exceed $31,250.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 3 — Contract/GeoEnaineers for Geotech Services — James Street Pump Station: Design Engineering Supervisor Kelly Casteel presented photographs of the area and a map outlining the James Street Stormwater Pump Station project which is located just north of James Street near Woodford Ave North. The pump station cannot keep up with existing flows on James Street and needs to be replaced. Geotechnical investigations will need to be performed to determine the subsurface conditions so that the new plump station foundation can be designed. Casteel stated that the proposed pump station required the acquisition of additional property to locate the pumps, wet wells, generator, electrical controls and associated piping and shelters. The house at 704 Woodford Avenue was purchased and demolished. The Department of Ecology required the existing heating oil tank and contaminated soil on the site to be removed. Disposal, and subsequent soil sampling of the surrounding soil is part of the contract presented in Item 4. This new pump station will help alleviate local flooding of James Street at Mill Creek. Ralph MOVED to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. for developing geotechnical design recommendations related to the design and construction of the proposed James Street Pump Station in an amount not to exceed $19,309, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 4 - Contract with A Plus Removal and Recycling - James Street Pump Station• The presentation for this item is combined with item #3. 5 PUBLIC WORKS COMMITTEE Minutes of Monday, November 5, 2012 Ralph MOVED to recommend Council authorize the Mayor to sign a Contract with A Plus Removal and Recycling for removal and disposal of contaminated soils for the construction of the proposed James Street Pump Station in an amount not to exceed $16,734, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 5 — Contract/The Eastman Company — Appraiser for Lower Russell Road Levee: Design Engineering Supervisor Mark Madfai noted that items 5 and 6 are related to the same reach of levee. He stated that the City is currently preparing design plans for the Russell Road Lower-Lowest Levee reach which extends from S. 231st St to S. 212th Street. The City has identified locations where property needs to be purchased in order to construct the secondary levee. The properties identified include four full property acquisitions of residential parcels. The City applied for and received a King County Conservation Futures grant in the amount of $400,000 for these property acquisitions. The grant is expected to be awarded early next year after the County's budget is adopted in December. Madfai stated that we would like to get the appraiser, negotiator and relocation consultants under contract so appraisals can be prepared and ready for the negotiations/relocations once the grant is received. Tim LaPorte added that we agree with King County Flood Control staff on the repair methods to use to bring this levee segment up to FEMA standards Higgins MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with The Eastman Company in an amount not to exceed $27,000 to provide property appraisal services for the Russell Road Lower-Lowest Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. Item 6 — Contract/Certified Land Services Corporation — Negotiator for Lower Russell Road Levee: The presentation for this item is the same as item 5 above, but for the negotiations portion of the project. Higgins MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with Certified Land Services Corporation in an amount not to exceed $72,708 to provide property negotiation and relocation services for the Russell Road Lower-Lowest Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Ralph and PASSED 3-0. 6 PUBLIC WORKS COMMITTEE Minutes of Monday, November 5, 2012 Item 7 — Contract/GeoEngineers for Milwaukee II Levee: Design Engineering Supervisor Mark Madfai gave a brief presentation on the Milwaukee II levee. In order to certify the Foster Park/Hawley Road levee, the portion from 3rd Ave. to Foster Park must include levee improvements. A secondary levee will be constructed from where the Horseshoe Bend Levee improvements currently leave off at 3rd Ave. S to connect to the Foster Park Levee. Due to limited space available, the majority of the secondary levee in this area will consist of a levee wall which will minimize impacts and property acquisition at adjacent businesses. This wall will be a continuation of the levee wall currently being constructed on the Horseshoe Bend levee, which ends at 3rd Ave. S. GeoEngineers performed the geotechnical analysis and certification report for the Horseshoe Bend Levee from the east end up to 3rd Ave. and the Foster Park levee. AECOM performed the structural engineering design for the levee retaining walls for the Horseshoe Bend and Boeing levee walls currently under construction. Albertson asked how the levee ties into the railroad tracks. Madfai explained that the exact details are still being worked out, but it should tie into the embankment. LaPorte added that they met with the railroad company and they seem to be agreeable that the railroad embankment will serve as a tie in for the levee. Higgins mentioned that the highways are currently not considered to be part of the levee and asked if the railroad would have the same problem. LaPorte went on to explain that the Federal Highway Administration has suggested that highways not be considered as part of a levee, but that we are currently trying to get clarity on that. The major difference is the railroad has not opposed a tie in. Ralph MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with GeoEngineers, Inc. to provide Geotechnical Engineering Services for the Milwaukee II Levee Project in an amount not to exceed $52,001 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 8 — Contract/AECOM for Milwaukee II Levee: The presentation for item 8 is the same as item 7 above with two separate contract motions. Ralph MOVED to recommend Council authorize the Mayor to sign the Consultant Services Agreement with AECOM for the structural design of the flood walls for the Milwaukee II Levee Project in an amount not to exceed 7 PUBLIC WORKS COMMITTEE Minutes of Monday, November 5, 2012 $27,188.12, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Higgins and PASSED 3-0. Item 9 — Information Only/SE 256th Street Proposed LID — Update: Public Works Director Tim LaPorte gave a presentation on the SE 256th Street proposed LID. He explained that we received a two million dollar grant from the Transportation Improvement Board (TIB) in 2008. The funding strategy for that money needs to be given to the TIB, by January 2013. We would like to start the Local Improvement District (LID) process now and are keeping the committee up to speed on this seven million dollar project. We are currently working towards acquiring the needed right of way and have acquired half of the parcels to date. We will come back to committee in December, with a formal plan. Higgins reminded LaPorte that we only have one Council meeting in December. LaPorte said we will be ready. Information Only/No Motion Required Item 11 — Information Only/Flood Season — Prevention Planning & Report on King County Efforts: Environmental Engineering Manager Mike Mactutis and Utility Superintendent Greg Reed gave a joint presentation on the winter preparation for storm drainage and the regional coordination for the upcoming flood season. Reed gave a PowerPoint presentation describing what his crews have been doing to prepare for the upcoming winter weather; opening stormwater storage areas, excavating ditches, clearing out hot spots, removing debris/leaves from storm drains and cleaning catch basins. Reed noted that we had almost 7" of rain in October. We currently have 3 storm Vactor crews working to clear known problem areas, the vegetation group is helping by clearing outfalls from storm ponds. Street sweeping has been increased to help deal with the leaves. The public is being asked to help monitor and clear the drains, and everyone at Operations helps clear leaves from grates. Mike Mactutis then spoke about the regional efforts to keep the public and City staff informed, including workshops put on by the National Weather Service, King County and Corps of Engineers. Mactutis went on to speak about the completed repairs at Howard Hans on Dam and the problems we are facing at the Holiday Kennel Levee. 8 PUBLIC WORKS COMMITTEE Minutes of Monday, November 5, 2012 There are multiple ways to keep informed about weather related issues; Kent has our "code red" program that can notify you of any emergency events, you can sign up at www.kentcodered.com. The King County Flood Control District at www.kingcounty.gov/flood has links to National Oceanic &Atmospheric Administration (NOAA), United States Geological Survey (USGS) and The Corps of Engineers. You can also get information by calling: King County Flood Warning Center Staffed 24 hours during flood events (206) 296-4535 (800) 768-7932 King County Flood Warning Information Line (206) 296-8200 (800) 945-9263 City of Kent Operations If not open, staff on call 24 hours (253) 856-5600 Information Only/No Motion Required The meeting was adjourned at 5:05 p.m. Kristin Lykken Council Committee Recorder 9 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 8, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: November 19, 2012 From: Garrett Inouye, P.E., Project Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Agreement/Union Pacific Railroad — Pipeline Crossing 64th Avenue S. Channel Improvements Phase II Item - 2 Motion: Move to recommend Council authorize the Mayor to sign a Pipeline Crossing Agreement between the City of Kent and the Union Pacific Railroad for the 64th Avenue S. Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Next summer, the Public Works Department will be installing two box culverts within the 64th Avenue S. Drainage Channel. This is phase II of the project, which will help to reduce flooding by increasing flow capacity and improve storm water conveyance along 64th Avenue S. from S. 228th Street to the Green River Natural Resources Area. Because the culverts will be located under the Union Pacific Railroad (UPRR) track and property, a crossing agreement is required by the UPRR. This agreement includes a license fee and an agreement that the City will reimburse the railroad for all cost and expenses incurred during removal and reinstallation the spur track. Budget Impact: The estimated costs associated with this work are $74,836. However, the City is required to pay actual construction costs, even if they exceed the estimate. The license fee and UPRR expenses will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. 10 This page intentionally left blank. 11 Pipeline Crossing 680808 Folder No.2714-33 Last Modified:03/29/10 Form Approved,AVP-Law PIPELINE CROSSING AGREEMENT Mile Post: 168, Spur Off Seattle Subdivision Location: Kent, King County, Washington THIS AGREEMENT ("Agreement") is made and entered into as of September 27, 2012, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor")and KENT, CITY OF, a Washington municipal corporation to be addressed at 220 4th Ave S, Kent, Washington 98032 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate two 14 foot by 5 foot wicased pipeline for transporting and conveying storm water only across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated January 26, 2012 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying storm water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. For the purposes of Exhibit A, Licensee acknowledges that if it or its contractor provides to Railroad digital imagery depicting the Pipeline crossing, Licensee authorizes Railroad to use the Digital Imagery in preparing the print attached as an exhibit hereto. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Railroad to use the Digital Imagery in said manner. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Fourteen Thousand Four Hundred Dollars ($14,400.00). Article 3. CONSTRUCTION.MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. 12 Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references.in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and wider the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Article 5. INSURANCE. A. During the life of the Lease, Licensee shall filly comply with the insurance requirements described in Exhibit C. B. Failure to maintain insurance as required shall entitle, but not require, Licensor to terminate this License immediately. C. If the Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this license,those statutes shall apply. D. Licensee hereby acknowledges that is has reviewed the requirements of Exhibit C, including without limitation the requirement for Railroad Protective Liability Insurance during construction, maintenance, installation,repair or removal of the pipeline which is the subject of this Agreement. Article G. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. Article 7. SPECIAL PROVISIONS A. The proposed culvert installation by open cut requires coordination with Licensor and work performed by Licensor. A preliminary engineering agreement for reimbursement of Licensoe's costs for structural review and planning and estimating trackwork. B. Licensee shall bear the cost of track removal and replacement and any other work done by Licensoe's forces. Licensor will need to prepare force account estimate for work to be preformed by its forces. C. The construction schedule shows a track outage of over two weeks for culvert installation. Unless the track is currently unused and out of service,this is unacceptable. Generally even on industry tracks, outages are limited to a few days at most. The outage must be coordinated with and approved by the Licensor's Service Unit. D. If 2+week window is approved,consider whether a construction of a cast in place structure would be practical. This would be the preferred structure type, if time permits. E. The following comments apply to the concrete box design: 13 i. The concrete box culvert shall be designed and constructed in accordance with the provisions of AREMA Manual for Railway Enginccring, Ch. 8, Part 16 "Design and Construction of Reinforced Concrete Box Culverts",and other applicable sections. Design live load shall be specified as Cooper E80 with impact. Provide note in plans stating this requirement. ii. It appears that the intent is to place the parallel precast sections with adjacent walls in contact. This isn't acceptable. Provide a gap which will be filled with slurry. iii. Precast reinforced concrete box sections shall include a minimum of three positive mechanical couplers at eaclnjoint to prevent future separation. iv. Provide the following for engineering review. -Concrete box design showing reinforcing -Structural design calculations. Where computer program is used for design, provide calculations verifying compliance with ARENA requirements -Geotechnical analysis and recommendations. F. Provide note in plans showing division of responsibility between Licensor and Licensee/contractor. G. 100% plans shall be submitted to Licensor for review and approval. Provide a copy of geotechnical analysis and recommendations. H. Licensor's review of shop drawings and design calculations for the precast box culvert is required. Allow 30 days for review of submittals. ARTICLE 8. NO PROJECT EXPENSES TO BE BORNE BY LICENSOR The Licensee agrees that no Project costs and expenses are to be borne by the Licenor. In addition,the Railroad is not required to contribute any funding for the Project. ARTICLE 9. WORK TO BE PERFORMED BY LICENSOR; BILLING SENT TO LICENSEE; LICENSEE'S PAYMENT OF BILLS A. The work to be performed by the Licensor at the Licensee's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated October 1, 2012, marked Exhibit E, attached hereto and hereby made a part hereof(the "Estimate"). As set forth in the Estimate, the Licensor's estimated cost for the Licensor's work associated with the Project is Seventy Four Thousand Eight Hundred and Thirty Six Dollars $74,836.00. B. The Licensor, if it so elects, may recalculate and update the Estimate submitted to the Licensee in the event the Licensee does not commence construction on the portion of the Project located on the Licensor's property within six(6)months from the date of the Estimate. 14 C. The Licensee acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Licensee or the Contractor in connection with flagging or other protective services provided by the Liccnsor in connection with the Project. All of such costs incurred by the Licensor are to be paid by the Licensee or the Contractor as determined by the Licensor and the Licensee. If it is determined that the Licensor will be billing the Contractor directly for such costs, the Licensee agrees that it will pay the Licensor for any flagging costs that have not been paid by any Contractor within thirty(30)days of the Contractor's receipt of billing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY KENT,CITY OF By: By: Manager-Contracts Name Printed: Title: PLACE ARROW INDICATING NORTH FORM DR-0404-B DIRECTION RELATIVE TO CROSSING ,off REV. 5- 15-98 ,o WWW.UI)FF.00FI1 m e (ENCASED NON- FILAMMAnLE PIPELINE CROSSING Q Q / NOTES ALL AVAILABLE DIMENSIONS MUST BE NO SCALE FILLED IN TO PROCESS THIS APPLICATION. >� v v O v v RR'S R/N Q J �\ " NIA 2 6G3 Q FT. ...... FT. DID2 <--TD Q"W J _...... ( wRTRncK) a �-�...p�O LE � ) � 29J FT. $0 FT, _ SEE NOTE 3 H 5 ;OIL B B 5 u wiA °r 4S ,�.` r 1 ( OF CROSSING) w TO EA"LV`rR@O >. DEAREST P.R. tGhlll ` ft <NEdflESi R.R. i0hN1 <Z� o° IaaNG Gbw, 6�'M rWENU� G J 1�(uQ' (DESCRIBE FIXED CEDED (DESCRIBE FIXED OBJECT) �2 IF NOTE 5) ISEE NOTE 5) S v h�6 )DISTANCE ALONG TRACK FROM SECTION LINE CROSSING) FT. 2A�S O�v h ��FT. $ (NOTE: THIS DIMENSION NUCLIDES IN ALL CASES. AT LOCATIONS NOT USNG SECTIONS, 014ANCE TO A LEGA1. 40aYEV I LNE IS RECUT aEDI qR'S R/N ��-^'�� ___......._...._—.L..N 1� _LFT. ._ ..s caoUN STEEL CASING WALL MIN. DIST suRFace � THICKNESS CHART r, p —_...__..._......_(sae nN,e z) Um VUM I BLRAOE I A SS CASINOEPIPE ROADBED /4" 12" OR LESS /16" OVER 12"-IB" FT. /8" OVER 18"-22" (a,5 fT MID.1 \ /16" OVER 22"-2B" ��. (V'(z. OVER 28"-34" _FT. (20 FT, MAX.) —F T. D R­ CASING PIPE (s�o No)e a) (a FT. PHIL) /16' OVER 34"-42" /8" OVER 42"-48" ® '�'�s (4 \ OVER 48" MU5T DE - ------ ----- 1 -- '�'Wb/(�jpK51(1a) XCARAI Ea PI \ APPROVED BY R.R, CO. — --- ----- ---- - --- —1— - -- ———————— — �/ \ © FOR SMOOTH STEEL. ICASIrNO ® / N'A \ i PIPES WITH MINIMUM YIELD / STRENGTH OF 35,000 PSI. —. ...._ 15 FT, l / 5 FT. ... NiN FT._ - � NI,f FT __........_...._ I FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF -- - N� FT. CR055ING OTHER THAN 90= tki NOTES : (CASING LENGTH FLIER MEASURED ALONG PIPELINE.) /d SIN ro 11 ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM IL OF TRACK. aOe 21 CASING i0 EX ENO BEYOND IDEAL OF TRACK AT RIGHT ANGLES THE GREATER OF 20 1 20 FT., OR 30 FT„ pti B AND BEYOND LIMIT OF RAILROAD R(CHI-OF-WAY )F NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. Xlry` MIN.DIST. 3) MNUWM OF SO- FROM. THE END OF ANY RAILROAD BRIDGE, 4 OF ANY CULVERT, OR FROM ANY SWITCHING AREA. (NOTE 2) 4) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 51 ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; AT OF ROAD CROSSINGS 0 OVERHEAD YIADUCIS (GIVE ROAD NAME), OF CULVERTS. 61 CASING ANO CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION RECLINES WITHIN 5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG, A) IS PIPELINE CROSSING WITHIN DEP(CATED STREET ?_YES;K NO; EXHIBIT "A 8) IF YES) NAME OF STREET N 4�` ,FOR RAILROAD„51 ONLY, DI DISTRIBUTION LINE _)OR TRANSMISSION LINE CI CARRIER PIPE : z 130y. LVLJCRYS UNION PACIFIC RAILROAD CO, COMMODITY TO BE CONVEY 1"6{TM Whl"L�-- OPERATING PRESSURE PSI Rel"'I"Oit T,Y,°=dt�-�� 'l R`)I'/..:✓ ('.�- WALL THICKNESS - ;DIAMETER MIA ;MATERIAL ON_C 4fE NN„� iwaRrvlsloNi E) CASING PIPE : 01Ft M. P p `ti FIrI' E. S. WALL THICKNESS ;DIAMETER ;MATERIAL ; VV NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST 8RICASED 9J'�Lr (.-L=iTnvt'+ CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASINO PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF E '�'� /� ^D° E/Tr� ABCs(mr wN ,n ,ste,t, CARRIER PIPE AND INSIDE OF CASING PIPE. F r F) METHO{1 OF INSTALLING CASING PIPE UNDER TRACK( S): P+�PL DRY BORE AND JACK (WIT BORE NOT PERMITTED) TUNNEL ; OTHER NIIII RR FILE NO >Z71`l i_'S DATE G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? YES; NO; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BO IN AND W A R N I N G JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK I ) APPLICANT HAS CONTACTED 1-800-336-9193 (30 MIN.) IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER of ANY WORK To DETERMINE EXISTENCE AND OPTIC CABLE X DOES ;_DOES NOT ' E%t55T IN VICINITY OF LOCATION OF FIBER OPTIC CABLE, WORK TO BE PERFORMED TICKET N0. -D1l II DI PHONE : 1-600.A6-919J 16 Pipeline Crossing 07/20/08 Pomr Approved,AVP Law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OR RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all pails of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licenser's property, and others) and the right of the Licensor to renew and extend the same,and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION.MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with(i)Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline from Licensor's property, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, 17 the Licensee shall pay to the Licensor,within fifteen(15)days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK/LICENSOR REPRESENTATIVE /SUPERVISION/FLAGGING/SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten(10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative"): MARIO A. ORTEGON MGR TRACK MNTCE 2770 N GOING ST RM 97217 PORTLAND, OR 97217 Work Phone: 503 249-2323 Fax: 503 249-2530 Cell Phone: 503 347-4046 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensors approval of plans and specifications involving the work, or by Licenser's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensor's property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensor's property. D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25)feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five(25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of 18 any of Licensors hack(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and inform Licensor whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee,Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight- hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. P. Reimbursement to Licensor will be required covering the fall eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five(5)days notice of cessation is not given,Licensee will still be required to pay flagging charges for the five(5)day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10)days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensors safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety 19 practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. L Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non-delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT,RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements,the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. 20 B. Explosives or other highly flammable substances shall not be stored on Licensor's property without the prior written approval of Licensor. C. No additional vehicular crossings (including temporary hail roads) or pedestrian crossings over Licensor's trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensee or its contractors shall be kept at least fifty(50)feet from the centerline of Licensors nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever(including,without limitation, attorneys' fees, coma costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE,ITS CONTRACTORS,AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY,AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON 21 LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL,TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materiahnan's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline,to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such properly, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the properly of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance,repair,renewal,modification, reconstruction,relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of properly whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensors property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licenso•'s officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or(b)damage to or loss or destruction of property whatsoever(including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND zz PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS OF ANY KIND, NATURE OR DESCRIPTION ARISING OUT OF, RESULTING FROM OR RELATED TO(IN WHOLE OR IN PART): 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR G. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT AND ACTIVE NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indenmitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigates' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. Li the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the 23 Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages,or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty(30)days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise,which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof,this Agreement shall be binding upon and inure to the benefit of the parties hereto,their heirs,executors, administrators, successors and assigns. Section 16. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. 24 Approved:Insurance Group Created:9/23/05 Last Modified:03/29/10 Form Approved,AVP-Law EXHIBIT C Union Pacific Railroad Company Contract Insurance Requirements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement)the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: "Contractual Liability Railroads" ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 O1 10 01 (or a substitute form providing equivalent liability coverage)with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto(including owned, hired, and non-owned autos). The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property"as the Designated Job Site. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers'Liability (Part B) with limits of at least$500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Licensee must maintain "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. 25 The definition of"JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, and these policies must"follow form" and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. H. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Licensee required in this agreement, where permitted by law This waiver must be stated on the certificate of insurance. L All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. J. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. 26 Pipeline Crossing 07/20/08 Form Approved,AVP-Law EXHIBIT D SAFETYSTANDARDS MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Licensee. I. Clothing A. All employees of Licensee will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Licensee's employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards hrstitute(ANSI)and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Licensee shall require its employee to wear personal protective equipment as specified by Railroad rules,regulations,or recommended or requested by the Railroad Representative. G) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Licensee's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding,etc. (iii) Hearing protection, which affords enough attenuation to give protection fi-om noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: • 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools • 150 feet of jet blowers or pile drivers 27 • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection—plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Licensee and its contractor are responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations—49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear all orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Licensee must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Licensee will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Licensee to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Licensee's equipment is unsafe for use, Licensee shall remove such equipment from Railroad's property. lrn addition, Licensee must ensure that the operators of all equipment are properly trained and competent in tine safe operation of the equipment. In addition,operators must be: • Familiar and comply with Railroad's rules on lockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. • Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment mast be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of tine crane and the minimum clearances to overhead powerlines. 2s V. General Safety Requirements A. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Licensee shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,work procedures, or personnel change. C. All track work performed by Licensee meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) fit passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. 29 DATE: 2012-10-01 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2013-04-01 DESCRIPTION OF WORK: 2012 RECOLLECTIBLE PROGRAM SEATTLE SUBDIVISION MP 168.05 REMOVE AND REPLACE 40 IF OF TRACK FOR CITY TO INSTALL CULVERTS PROJECT IS 100% RECOLLECTIBLE FROM THE CITY OF KENT WASHINGTON PID: 79747 AWO: 15961 MP,SUBDIV: 168.05, SEATTLE SERVICE UNIT: 18 CITY: KENT STATE: WA DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ----------- --- ---- ----- -------- ------- ----- ----- ENGINEERING WORK ENGINEERING 3185 3185 3185 LABOR ADDITIVE 211% 6720 6720 6720 TOTAL ENGINEERING 9905 9905 9905 SIGNAL WORK LABOR ADDITIVE 211% 1596 1596 1596 SALES TAX 3 3 3 SIGNAL 756 81 837 837 TOTAL SIGNAL 2352 84 2436 2436 TRACK & SURFACE WORK BALAST 1.00 CL 806 825 1631 1631 BILL PREP FEE 900 900 900 ENVIRONMENTAL - PERMITS 10 10 10 FOREIGN LINE FREIGHT 76 76 76 HOMELIER FREIGHT 900 900 900 LABOR ADDITIVE 211% 34057 34057 34057 MATL STORE EXPENSE 14 14 14 OTM 1529 282 1811 1811 SALES TAX 72 72 72 TRACK-INSTAL 18255 18255 18255 TRK-SURF,LIN 2874 2874 2874 XTIE 15.00 EA 1180 715 1895 1895 _______ ________ ________ ________ -------- TOTAL TRACK & SURFACE 58701 3794 62495 62495 LABOR/MATERIAL EXPENSE 70958 3878 RECOLLECTIBLE/UPRR EXPENSE 74836 0 ESTIMATED PROJECT COST 74836 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. 30 This page intentionally left blank. 31 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 8, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: November 19, 2012 From: Garrett Inouye, P.E., Project Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/Shearer Design —64th Avenue S. Channel Improvements Phase II Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Shearer Design in an amount not to exceed $17,782.38 to provide structural engineering services for the 64th Avenue S. Channel Improvements Project Phase II, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Next summer, the Public Works Department will be installing two box culverts within the 64th Avenue S. Drainage Channel. This is phase II of the project, which will help to reduce flooding by increasing flow capacity and improve storm water conveyance along 64th Avenue S. from S. 228th Street to the Green River Natural Resources Area. As part of this project, the City will design and construct the new culverts to meet federal railroad standards. This Contract is to fulfill this requirement. We do not have a structural engineer on staff, it is more efficient to contract for these services when they are required. Budget Impact: This project will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. 32 This page intentionally left blank. 33 SHEARER DESIGN LLC. No SHEARER J3riage Peslgn,�mArudlon FnglneaingJnfrastrudureAesthtics LIC 3613 Phinney Ave N.#A Seattle,WA 98103 (206)781-7830 August 7, 2012 City of Kent Public Works 220 Fourth Ave S. Kent, WA 98032-5895 Attn: Garrett Inouye RE: 64h Ave S. UPRR Culvert Dear Garrett: We will be pleased to assist the City with design of the culvert replacement that is part of the 64h Ave S. drainage project. I believe that the best way we can assist the City is in the following areas: Task 1; UPRR Culvert Foundation and load coordination with the geotechnical engineer Culvert layout Constructability details Initial wall sizing and structural design per AREMA 30% and 60% permit drawings Specifications Task 2; Construction Services • Shop drawing review • Contractor RFI response • Bid assistance Thanks again for considering Shearer Design to assist the City with this project. If you have any questions or would like additional information please feel free to call. Sincerely, DAVID R SHEARER S.E. SHEARER DESIGN 0177 scope uprr culvert rev 1 34 O N � j�N h J N O (p N C N D v M O `ry N O W 0 C N m Y N W 0 v U � a r a' N v v Y YCO C V U Y N W Y N f6 F Z - O a � a mZ = w xa w � O .. U `> U N w d' V M N C N N d 6 C h 0 J c c N Q N U L N K J b 0 .N 0 v f6 v t N d U j N C V J L OI w r U Q v W O > C N J W I I I U U r m y 0 N x F F F L W N fnaa 35 o m m 3 O (NO of(o N O O N o V O O V O l0 N fA f9 C _m O N N X N 0 N TJ U ZTnx m O U mUo N a UTim O m C 0 � LL O w N — n w F � � U E a oa 10 F in in w � Z O_ a F O V N N V V M LL� O O LL� O O W W W � ? a a O N N of of of of (O O O LL� K N» a wa m m y N N of N of of N of of O O O a O l0 41 � V d J co 0 d N N 0 0 1/1 2 m f O m 0 0 C N O N E _ o m o m L1 DDU � m m � m _ o � U m m m w 0 o m U o o � a Da U ii � oU y a10i � o� U a a 36 \ Cej $ \ _ / } C ,: f kLEi § + \ co ) , § 5 � 2 § - K � wGIL CLI! § _ 3 m , ! : % � \� } \ k /) \ \ § ) Ir I / 0 0 \{ m _ {/ , }}; / t : tg [ B // ƒ J 7 $ / : wzo = }\ § # , ) \ ) / 37 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 8, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: November 19, 2012 From: Garrett Inouye, P.E., Project Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract/ Integra Realty Resources — Appraiser Upper Mill Creek Dam Improvements Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Integra Realty Resources in an amount not to exceed $10,500 to prepare appraisals for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Upper Mill Creek Dam Improvements Project involves raising the existing dam, located east of 104th Avenue SE, near SE 267th Street. Raising the dam will allow the City to store more water on the east hill and reduce downstream flooding in the valley. The project includes replacing the existing outlet pipes and gates, constructing a new emergency spillway, raising the south maintenance access road and mitigating for wetland impacts around the perimeter of the reservoir. This project also includes replacing the existing diversion structure, installing a fish passable weir and adding streambed gravel in Upper Mill Creek between the structure and 104th Avenue SE. The benefits of this project are to upgrade the dam, improve downstream flood protection, divert additional flow to the dam reservoir, and restore fish passage to upstream sections of Upper Mill Creek. As part of this project, the City will need to acquire property rights from 5 parcels around the perimeter of the Upper Mill Creek Pond. This Contract is to prepare appraisals for those acquisitions. The acquired property will be used for storm water storage in the future. Budget Impact: This project will be paid for from the storm drainage fund, with no unbudgeted fiscal impacts. 38 This page intentionally left blank. 39 Integra Realty Resources 600 University Street T 206.903.6700 Seattle Suite 310 F 206.623.5731 Seattle,WA 98101 www.irr,com : ,}g" October 26, 2012 Ingrid Willn ixoh Project Analyst City of Kent Public Works Engineering 400 West Gowe Kent, WA 98032-5895 SUBJECT: Upper Mill Creek Dam Dear Ms. Willms-Dixoh: As requested, I have reviewed the information that you provided for the Upper Mill Creek Dam project. It is my understanding that the project will involve one full acquisition, three partial acquisitions and one easement. We will provide short form appraisal reports in compliance with current WSDOT standards, We recently completed a 10 parcel assignment for WSDOT in Sequim. This was a complicated assignment with many of the appraisals addressing larger parcel issues, proximity issues,and highest and best issues.We delivered the reports on time. We have had contracts with WSDOT, City of Seattle, City of Bellingham, King County, and City of Tacoma within the past two years (list is not complete). We pride ourselves on our ability to meet deadlines and to adhere to project schedules. The reports can be completed within 45 days of notification to proceed and receipt of all materials necessary to complete the assignment. 40 UPPER RUSSELL ROAD LEVEE PROJECT Our fee for this assignment is shown in the following table. FEE QUOTE Name Tax Parcel Impact Fee Nielsen 292205-9025 Full Acquisition $1,900 Ruth 292205-9225 Partial Acquisition $2,200 ', Kent Commercial 292205-9159 Partial Acquisition $2,200 Farmhouse Rental 292205-9027 Partial Acquisition $2,200 Benchmark HOA 073105-0060 Easement $2,000 Total $10,500 A copy of my professional qualifications is attached. We will submit an electronic copy of the report via an FTP site for initial review and we will work with the reviewer to provide additional information or make corrections as specified by the reviewer.Three hard copies of the final report will be submitted upon acceptance by the reviewer. Please let me know if you have any questions about the response. I look forward to your favorable consideration. Sincerely, Integra Realty Resources—Seattle Associate Managing Director i �, fYY PAGE 2 41 UPPER MILL CREEK DAM ATTACHMENTS I i Attachments I PAGE irr, 42 Lori Safer MAI IV RICS Integra Realty Resources Safer,, ! �V'�11 Seattle Experience 600 University Street Suite 310 Assistant Managing Director of Integra Realty Resources Seattle in Washington State. Background includes Seattle,WA 98101 25 years of consultation and valuation analysis for clients including financial institutions,developers, local municipalities and various public agencies. President of Lori Safer Appraisal, Inc. from 1987-2002. Employed by Bruce C. Allen & Associates from 1983-1987; City of Bellevue Planning Department 1992. T206.903.6700 Integra Realty Resources-Seattle is part of Integra Realty Resources (IRR), a national valuation and F206.623,5731 consulting firm with 56 offices in the U.S. irr.cam Ms. Safer is experienced in the analysis of various property types including: land, residential subdivision appraisal studies, right-of-way and condemnation appraisal studies, mortgage loan appraisal studies, and highest and best use studies. Clients served include various financial concerns, law and public accounting ',... firms, private and public agencies, pension and advisory companies, investment firms, and the general public. Further,utilizing the resources of Integra's 56 offices nationwide,the firm is actively involved in the completion of large portfolio engagements. Professional Activities & Affiliations Appraisal Institute,Member(MAI) Board of Director:Appraisal Institute-Seattle Chaper,January 2012-December 2014 Director/Chair:Region 1,January 2004-December 2004 Director/Vice-Chair:Region 1,January 2003-December 2003 1- Region 1 Education Liaison to the Appraisal Institute,January 1999-December 2003 Chairman:Regional Education Liaison Subcommittee of the Appraisal Institute,January 2000—Dec.2003 j Member:Education Programs Committee of the Appraisal Institute Vice Chair:Regional Education Liaison Subcommittee of the Appraisal Institute,January 1999—Dec.1999 Member:Education Committee of the Appraisal Institute,January 1996-December 1998 Member:Curriculum Division of the Appraisal Institute,January 1993-December 1996 Chairman:Narrative Exam Grading Subcommittee of the Appraisal Institute,January 1993—Dec.1995 Member:Narrative Exam Grading.Subcommittee of the Appraisal Institute,January 1988—Dec.1996 Member:Regional Professional Standards Panel of the Appraisal Institute Member:International Right of Way Association Chairman: Region 1 Nominating Committee,January 2005-December 2006 Region 1 Education Coordinator,January 1998-December 1998 Region 1 Representative to the Appraisal Institute,January 1996-December 1997 Member:Estate Planning Board forthe University of Washington,January 1996-December 1999 i Licenses Washington,Certified General Real Estate Appraiser,1100546,Expires July 2013 Education Master of Arts,Urban Geography,University of Washington,1982 Bachelor of Science,Geography,Pennsylvania State University,magna cum laude,1979 Articles and Publications 'Case Study 1.6:Special Benefits'-Jeffery A.Johnson and Stephen J.Matoms,Applications in Litigation Valuation:A Pragmatist's Guide(Chicago:Appraisal Institute,2012) Qualified Before Courts & Administrative Bodies King County Superior Court,Washington s r lesafer@irr.com - 206.436.1177 1. 43 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 9, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: November 19, 2012 From: Ron Green, Fleet & Warehouse Superintendent Through: Timothy J. LaPorte P.E., Public Works Director Subject: Public Utility Funds/Surplus and Disposal of Miscellaneous Materials & Fleet Services Update Item - 5 Motion: Move to recommend Council set a public hearing date at the November 20, 2012 regular meeting for a public hearing to consider comments on the declaration of certain public utility equipment and materials as surplus. Summary: Through daily operations, the utility maintenance crews accumulate used copper and brass fittings, pipe, wiring, and water meters. These components, approximately 8,000 pounds of copper and brass, have a monetary value when recycled. Our SCADA (Supervisory Control and Data Acquisition) system has been upgraded over the last few years and the inventory of analog SCADA parts are no longer used. In addition we have a large format copy machine, that's no longer reliable and parts are unavailable. Other materials include cast iron pipe and fittings, damaged PVC pipe and fittings and hydraulic tools that are worn out. RCW 35.94.040 requires that the City Council hold a public hearing and adopt a resolution to declare public utility equipment as surplus and to establish the condition for disposition of the equipment that is in the best public interest. Recommendation: A resolution will be provided for consideration upon the close of the public hearing to declare the equipment as surplus and to authorize the Public Works Director to dispose of the equipment in the manner that best meets the public interest. We generally find one of the following disposal methods meets this criteria: Highest bidder for scrap, return to vendor for credit, and or auction. 44 This page intentionally left blank. 45 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 8, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: November 19, 2012 From: Alex Murillo, P.E, Environmental Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Mike Mactutis, P.E., Environmental Engineering Manager Subject: Information Only/Lakes Area Levee Meeting - Update Item - 6 Motion: Information Only/No Motion Required Summary: Environmental Engineering Supervisor, Alex Murillo, will provide an update on the Lakes Area Levee Community Meeting that was held on November 7, 2012. Budget Impact: None 46 This page intentionally left blank. 47 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 9, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: November 19, 2012 From: Bill Thomas, Street Superintendent Through: Timothy J. LaPorte P.E., Public Works Director Subject: Information Only/Snow and Ice Response Preparedness Item - 7 Information Only/No Action Required Summary: We will present information on our annual Snow and Ice Response Preparedness. The information provided will better inform the committee on the City's plan to respond to severe winter weather. Budget Impact: N/A 48 This page intentionally left blank. 49 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: November 13, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: November 19, 2012 From: Rob Knutsen, Transportation Engineering Specialist Through: Chad Bieren, P.E., City Engineer Subject: Information Only/SE 223Id Drive Residential Traffic Calming Update Item - 8 Motion: Information Only/No Action Required Summary: A number of residents in the area conducted a speed watch campaign on SE 223rd Drive through the Residential Traffic Calming Program (RTCP). We will provide the Public Works Committee an informational update. Budget Impact: No new impact