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City Council Committees - Public Works/Planning - 05/05/2003
Public Works Committee Agenda May 5, 2003 ACTION i 1. Second Amendment to Transportation Improvement Yes Wickstrom 10 min Agreement between Central Puget Sound Regional Transit Authority &- City of Kent-Authorize 2. Construction and Maintenance Agreement with BSNP -Authorize Yes Wickstrom 10 min 3. Street Vacation - S 259t1i Place Yes Wickstrom 10 min Set Hearing Date ry TO i PUBLIC WORKS COMMITTEE MINUTES MAY 5, 2003 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Rico Yingling STAFF PRESENT: Don Wickstrom, Mike Martin, Larry Blanchard, Pat Fitzgerald, Gary Gill, Ed Crawford, Jackie Bicknell The meeting was called to order at 5:30 P.M. by Chair Tim Clark. Two items were added to the agenda: Emergency Response Power Outages at Signalized/Major Intersections, and Transportation Improvement Board (TIB) Grant Agreement. Approval of Minutes of Apri121, 2003 Committee Member Rico Yingling moved to approve the minutes for the April 21, 2003 meeting. The motion was seconded by Tim Clark and passed 2-0. Mr. Clark stated he had received Committee Member Julie Peterson's concurrence. Transit Transportation Improvement Agreement—Second Amendment Chief Administrative Officer Mike Martin said the City has a Memorandum of Understanding with Sound Transit that resolves the conflicts with that agency. The improvements that remain to be built have been identified and the costs for those improvements split with Sound Transit. Rico Yingling moved to recommend that the Council authorize the Mayor to sign the Second Amendment to the Transportation Improvement Agreement with Central Puget Sound Regional Transit Authority. The motion was seconded by Tim Clark and passed 2-0. Mr. Clark stated that he had received Julie Peterson's concurrence on the motion. Construction and Maintenance Agreement with BNSF—Authorize Public Works Director Don Wickstrom said the City has assumed construction of the balance of Sound Transit's transportation improvements associated with the Commuter Rail Station Project, and the left turn pocket on Smith Street at Railroad Avenue involves reworking the BNSF railroad crossing, along with obtaining additional road right of ways. Upon the execution of the agreement,the Railroad will grant the City necessary additional road rights over their operating right of way, and will complete the crossing protection system work associated with the improvement. Rico Yingling moved to recommend that Council authorize the Mayor to sign the Construction Maintenance Agreement with BNSF to widen Smith Street. The motion was seconded by Tim Clark and passed 2-0. Mr. Clark stated he had received Julie Peterson's concurrence. Public Works Committee, 5/5/03 2 , Street Vacation—South 259th Place—Set Hearing Date Don Wickstrom said a valid petition to vacate a portion of South 259t1'Place had been received. By law a public hearing must be held, and the Public Works Department is requesting that a date be set for the hearing. i Rico Yingling moved to recommend that Council adopt a resolution setting a public hearing date of July I't for the street vacation located along a portion of Southeast 259th Place. The motion was seconded by Tim Clark and passed 2-0. Mr. Clark stated he had received Julie Peterson's concurrence. Emergency Response Power Outages at Sign alized/Mai or Intersections Tim Clark stated he had brought this item forward because of a concern about the ability to manage traffic/intersection control during regional or widespread emergencies. He questioned the do-ability of training for Public Works personnel in such emergencies. Public Works Operations Manager Larry Blanchard said staff looks at the intensity of an event. In the case of the last earthquake, there were multiple power outages throughout the City, but personnel was also covering other areas of emergency such as ensuring a supply of high quality water and that no backups were occurring on the wastewater pumping stations. They also fielded outside telephone calls. Staff was able to respond to priority locations with 15 teams within 15 minutes of the event occurring. All of the Public Works field staff are certified as flaggers and could flag at any intersection, but their use would depend upon the priority of other problems. There are 108 signals throughout the City with about half of them at major arterials. Public Works has about 60-70 field personnel that could respond,but each intersection would require at least two people, and it would take 100 people to cover just half of the intersections. Mr. Blanchard said that the major intersection hotspots had not been identified. Tim Clark moved to direct Administration to take a proactive position in the management of traffic during regional or widespread emergencies within the City. The motion was seconded by Rico Yingling and passed 2-0. Transportation Improvement Board (TIB) Grant Agreement Don Wickstrom said the TIB had authorized the construction phase of the Central Avenue North /George Street to Smith Street Project. The Mayor previously had signed the Design Agreement for the project. This agreement authorizes the construction phase, which is to widen James Street at the Central Avenue intersection by adding a second left turn lane southbound on Central Avenue and a dedicated right turn lane westbound on James Street, replace the pavement and subgrade on the westerly two lanes of Central Avenue between Smith Street and James Street, and overlay the entire project. Rico Yingling recommended that Council authorize the Mayor to sign the TIB Grant Agreement, and authorize staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. The motion was seconded by Tim Clark and passed 2-0. Public Works Committee, 5/5/03 3 Don Wickstrom noted that the consultant on Auburn's portion of the 272"d Street Project,who was also the bridge design consultant on Kent's part of the 272"a Project, had submitted the project to the American Public Works Association's (APWA) award program. The City received notice today that the project had been honored and had made the award list for the complexity of putting a multi jurisdictional project together and getting it implemented. The meeting adjourned at 5:55 PM. Jackie Bicknell City Council Secretary i n PUBLIC WORKS DEPARTMENT �I(\ Don E. Wickstrom, P.E. Public Works Director ,-.000 ® Phone:253-856-5500 Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: May 5, 2003 TO: Mayor White ent City Council FROM: Don Wickstro hlic Works Director SUBJECT: Second Amendment to the Transportation Improvement Agreement with Central Puget Sound Regional Transit Authority SUMMARY: Among the conditions of the Agreement signed April 7, 1999 between Sound Transit and the City of Kent for the development of the Sound Transit Commuter Rail Station in the City of Kent, Sound Transit was required to construct various off site improvements. Sound Transit has not yet completed these improvements and a disagreement arose with the City as to the exact nature and extent of the remaining improvements. This Second Amendment reflects an agreement and cost allocation reached by the parties for construction of these off-site transportation improvements. i In essence the City is splitting the cost difference between what would have been Sound Transit's costs associated with completing the remaining off-site transportation improvements and what the City owes Sound Transit for its share of the garage and other requested improvements. That cost difference is $924,000. The City will now construct all the remaining improvements upon Sound Transit securing all the rights of way therefore. Sound Transit will j forgive all monies owed them by the City which is estimated to be $1,221,945 and pay the City $462,000. The bottom line is transportation improvements get done, the Commuter Rail Station project gets finalized and the City gets a parking use agreement on the garage BUDGET IMPACT:No Unbudgeted Fiscal/Personnel Impact. Monies for the City share of the improvements ($462,000) are imbedded in the funding for the City's Kent Station Project. MOTION: Recommend authorizing the Mayor to sign the Second Amendment to the Transportation Improvement Agreement with Central Puget Sound Regional Transit Authority which is intended to constitute the full, final settlement and release of all remaining issues between the parties on this project subject to the Public Works Director's and the City Attornoy's concurrence of the language therein. BACKGROUND Back on April 7, 1999 Sound Transit executed an agreement with the City which committed Sound Transit to construct certain traffic improvements associated with the development of it Commuter Rail Station project. Further on December 16, 1999 the City executed an agreement to pay Sound Transit$4,000,000 to construct a parking structure rather than a surface parking lot. To date Sound Transit has completed the garage, the landing platforms and only some of the traffic improvements. The yet to be completed transportation Mayor White and Kent City Council Second Amendment to the Transportation Improvement May 5,2003 Agreement with Central Puget Sound Regional Transit 1 Authority-Consent II f PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 Fax: 253-856-6500 ® K� T Address: 220 Fourth Avenues. WASHINGTON Kent,WA.98032-5895 DATE: May 5, 2003 TO: Mayor White a t City Council FROM: Don Wickstro t lie Works Director THROUGH: SUBJECT: Construction and Maintenance Agreement Widen and Improve Smith Street (RR MP 16.18)Kent, WA—(Sound Transit Commuter Rail Station Project) SUMMARY: : Upon the City assuming the construction of the balance of Sound Transit transportation improvements associated with their Commuter Rail Station project the left ttun pocket on Smith Street at Rail Road Avenue which is one of the outstanding improvements involves reworking the BNSF rail road crossing along with obtaining additional road right of way thereat. This agreement accomplishes same. It pays BNSF $155,207 of which $39,800 is for the additional road right of way and 115,407 for their reworking of the Rail Road crossing itself. i The monies therefore are reflected in the Second Amendment to the Transportation Improvement Agreement between Sound Transit and the City that was discussed in the prior Committee's agenda item. BUDGET IMPACT: No Unbudgeted Fiscal/Persomiel Impact MOTION: Recommend authorizing the Mayor to sign the Construction and Maintenance Agreement with The Burlington Northern And Santa Fe Railway Company to widen Smith Street where Smith Street crosses BNSF tracks at railroad MP 16.18 subject to the Public Works Director's and the CityAttorney's concurrence of the language therein. BACKGROUND: The construction of a left turn pocket on Smith Street at Rail Road Avenue is one of the outstanding transportation improvements committed to by Sound Transit in conjunction with their development of their Commuter Rail Station project. Assuming Council concurs with authorizing the Mayor to execute said Second Amendment to the Transportation Improvement Agreement as presented in the prior agenda item then the City will be obligated to construct this improvement. Upon the execution of this agreement the Rail Road will grant the City necessary additional road rights over their operating right of way and they will complete the trackage and crossing protection system work associated with this improvement. The Public Work Department recommends that the Committee recommend to full the execution of this agreement. Mayor White and Kent City Council Construction&Maintenance Agreement with BSNF May 5,2003 Consent 1 j i CONSTRUCTION AND MAINTENANCE AGREEMENT WIDEN AND IMPROVE SMITH STREET (RR MP 16.18) KENT, WASHINGTON RAILWAY Contract NO._ File No AGREEMENT, made this day of 2002, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, hereinafter referred to as the"Railway", and KENT, WASHINGTON, a municipal corporation, hereinafter referred to as the"Agency". RECITALS: WHEREAS: the Seattle Subdivision is currently owned and operated by the Railway; and WHEREAS: in the interest of aiding motor vehicle traffic the Agency is proposing to widen and improve the Smith Street at grade crossing, hereinafter referred to as the Project. WHEREAS: the centerline of the Smith Street at grade crossing crosses over the Railway's right-of-way and mainline at railroad survey station 758+54.7, MP 16+ 966.3', MP 16.18 on the Seattle Subdivision, and WHEREAS: the Project is located in NE-1/4 of the NE1/4 of Section 24, T 22 N, R 4 E, WM. as shown on the plans marked Exhibit"A'attached hereto and made a part hereof, and WHEREAS: the Railway will be required to perform certain work on its facilities,and i WHEREAS: the parties hereto desire that the work to be performed by the Agency in connection with said construction be performed in accordance with plans and specifications to be prepared by the Agency, and WHEREAS: the Agency is willing to undertake the construction of said project with Agency funds, stale funds and such federal funds as may be available, and WHEREAS: the Railway is willing to consent to the execution of the said project upon the terms and conditions herein stated and not otherwise, and WHEREAS: the parties hereto desire to contract for work to be performed by each of them in connection with this project and the payment of costs and expenses therein involved, and ARTICLE AGREEMENT: NOW THEREFORE in consideration of the covenants of the Agency hereinafter contained, and faithful performance thereof, Railway agrees: 1. a) For and consideration of$_36,800 , a crossing easement of 2,885 square feet more or less,for roadway purposes over, through, and across the Railway's right-of-way (outlined in bold) as identified on Exhibit "A" attached. b) For and in consideration of 1.50 a temporary construction easement of 2.200 square feet more or less for roadway purposes, over, through, and across the Railway's right-of-way as identified on Exhibit "A" attached. c) The Agency shall also pay a processing administration fee in the consideration of 1,50 over and above the agreed upon easement consideration 1 2. To furnish all labor, materials, tools, and equipment, and do "Railroad Work" required due to the construction of the Project, such railroad work and the estimated cost thereof being as shown in Exhibit"B" attached hereto and made a part hereof. In the event that construction of the Project has not commenced within six(6)months from the effective date of this Agreement, Railway may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit "B". In such case, Railway shall provide to the Agency its revised cost estimates highlighting all changes that are made. Any item of work incidental to those items listed in Exhibit "B", but not specifically mentioned therein, may be included as part of this agreement as an item of work upon written approval of Agency, if practicable. The Railway may submit progress bills to the Agency during the progress of the work for the actual cost of services and expenses. The Agency will then pay progress bills within 30 days after receipt of a properly submitted bill. If the billing is disputed for any reason, the Agency will promptly notify the Railway and will pay any undisputed amount. The Railway and the Agency shall maintain records regarding the work performed and the costs and expenses incurred by the parties for the project In accordance with generally accepted accounting principles and practices. Said records shall be made available to the other party, or for Agency, or federal audit, upon request during normal business hours,for a period of three years after the final payment. Construction of the Project shall include the following work by Railway: I (a) Preliminary engineering, design, and contract preparation; (b) Extend the existing crossing surface, Place 28' of additional concrete crossing surface (each track), complete with new ties, ballast and engineering fabric. (c) Furnishing of such watchmen and flagmen as may be necessary for the safety of its property and the operation of its trains during construction of said Project; and (e) Furnishing of engineering and inspection as required for construction of said Project. 2. To do all work provided in Article I, Section 1 above with its own employees working under Railroad Labor Agreements or by contractor(s), if necessary, and on an actual cost basis. 3. Agency agrees to reimburse Railway for work of an emergency nature caused by Agency or Agency's contractor, in connection with the Project which Railway deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or Railway property. Such work may be performed by Railway without prior approval of Agency and Agency agrees to reimburse Railway for all such emergency work. 4. To submit to Agency for payment upon completion of the Project, a detailed statement covering the cost of the work performed by Railway, segregated as to labor and materials, and in accordance with and subject to the terms and provisions of Federal Highway Administration's FHPfvI 143, as amended. All applicable portions of the Federal Highway Administration's FHPIv1 662.1 as amended and FHPIVI 143 as amended are by reference incorporated herein and made a part hereof. ARTICLE II IN CONSIDERATION of the covenants of Railway herein set forth and the faithful performance thereof, Agency agrees as follows: 1. To furnish to Railway plans and specifications for the Project. Four sets of said plans, together with two copies of specifications,shall be submitted to Railway for approval prior to commencement of construction. After having been approved by both parties hereto, said plans and specifications are hereby adopted and incorporated into this agreement by reference. 2. To acquire, at no cost to Railway,all rights of way necessary for the construction of the Project. 3. To make any and all arrangements to secure the location or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF 2 which may be found necessary to locate or relocate in any manner whatsoever due to the construction of the project. 3. To construct the Project as shown on Exhibit"A" and do all work provided for in the plans and specifications for the Project, except such work that Railway herein agrees to do. Principal elements of work to be performed by Agency in the construction of the Project are as follows: (a) Necessary Grading and Paving of the roadway approaches to the crossing and furnish and place asphalt concrete paving up to the crossing. (b) Furnish and place advance warning signs and standard pavement markings for the railroad at grade crossing. (c) Perform all other work not specifically mentioned as work to be performed by the Railway necessary to complete the project in accordance with the plans and specifications. '.. 4. To furnish all labor, materials,tools, and equipment in performing the work it agrees to perform herein. All work of construction with respect to said Project shall be undertaken by Agency, or Agency's contractor and shall be performed at such times as shall not endanger or interfere with the safe and timely operations of Railway's track and other facilities. 5. To require its contractor(s)to notify Railway's Headmaster at least 30 calendar days in advance of commencing work on Railway property or near Railway's tracks, when requesting a Railway flagman in accordance with the requirements of"The Right of Entry Agreement" attached hereto, in order to protect Railway from damage to its trains and property. 6. To require its contractor(s)to furnish Railway's Manager of Public Projects, for approval, four copies of plans and two sets of calculations of any shoring or cribbing proposed to be used over, under, or adjacent to Railway's tracks. 7. The Agency agrees to include the following provisions in its contract with a contractor performing work on said Project. (a) Fiber optic cable systems owned by various telecommunication companies may cross or run parallel in Railway's rail corridor. The Contractor shall be responsible to contact Railway and/or the telecommunications companies to determine whether there are any fiber optic cable systems located within the Project boundaries that could be damaged or their service disrupted due to the construction of the Project. The contractor shall also pothole all lines either shown on the plans or marked in the field in order to verify their locations. The contractor shall also use all reasonable methods when working in the Railway rail corridor to determine of any other fiber optic lines may exist. (b) The telecommunication companies shall be responsible for the rearrangement of any facilities determined to interfere with the construction. The contractor shall cooperate fully with any company performing these rearrangements. 8. To also incorporate in each contract for construction of the Project, or the specifications therefor, the provisions set forth In Article II, Sections 6, 7, 6, 9, 10, (a) and 11 (b), and in Article III, Sections 3, 4, 10, and 11, and the provisions set forth in the"Right-of-Entry Agreement"attached hereto and by reference made a part hereof. 9. That, except as hereinafter otherwise provided, all work to be performed hereunder by Agency in the construction of the Project will be performed pursuant to a contract or contracts to be let by Agency, and all such contracts shall provide. (a) That all work performed thereunder, within the limits of Railway's right of way shall be performed in a good and workmanlike manner, and in accordance with plans and specifications approved by Railway. Those changes or modifications during construction that affect safety or Railway's operations shall also be subject to Railway's approval; (b) That no work shall be commenced within Railway's right of way until each of the contractors employed in connection with said work shall have (1) executed and delivered to Railway an Agreement in the form of "The Right-of-Entry Agreement" delivered to and secured Railway's approval of the insurance required by 3 said"Right-of-Entry Agreement". 10. (a) Railway shall have the right to request that any Agency employee, any Agency contractor, or any employee of a Agency contractor who performs any work within Railway's right of way and which affects Railways operations or facilities, be removed from the Project for incompetence, neglect of duty, unsafe conduct or misconduct. In the event Agency or its contractor elects not to honor such request, Railway may stop work within its right of way until the matter has been fully resolved to Railway's satisfaction. The party whose employee has been asked to leave the Project will indemnify the requesting party against any claims arising from such removal. (b) Agency's employees, agents, contractors, representatives and invitees shall wear the current BNSF Personnel Protective Equipment ("PPE") when on the Railway's rail corridor. Railway PPE shall meet applicable OSHA and ANSI specifications. Existing Railway PPE requirements are: (1) safety glasses; permanently affixed side shields; no yellow lenses; (11) hard hats with high visibility orange cover; IN) safety shoes with hardened toe, above the ankle lace up and a defined heel; and (iv)high visibility reflective orange vests. Hearing protection, fall protection and respirators will be worn as required by state and federal regulations. 11. To advise Railway's Manager Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion and to notify Railway's Manager Public Projects, in writing, of the date on which , Agency and/or its Contractor will meet with Railway for the purpose of making final inspection of the Project. ARTICLE III IN CONSIDERATION of the premises, it is mutually agreed as follows: 1. That all work contemplated in this agreement shall be performed in a good and workmanlike manner, in accordance with plans and specifications approved by BNSF, and each portion shall be promptly commenced by the parties hereto obligated to do the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction that affect Railway shall be subject to approval by Railway prior to commencement of such changes or modifications. 2. That such work shall be done in accordance with detailed plans and specifications approved by both parties. 3. Agency and Railway shall to the extent reasonably practicable adhere to the construction schedule for all Project work. The parties agree that Railway's failure to complete Railroad work in accordance with the construction schedule by reason of inclement weather, unforeseen railroad emergencies, or other conditions beyond its reasonable control, will not constitute a breach of this Agreement by Railway nor subject Railway to any liability or responsibility for added expense to the Agency. 4. In the event of an unforeseen railroad emergency and regardless of the requirements of the construction schedule, Railway reserves the right to reallocate all or a portion of its labor forces assigned to perform the Railroad Work when Railway believes such reallocation is necessary to provide for the immediate restoration of railroad operations of Railway or its affiliates or to protect persons or property on or near any Railway owned property or any related railroad. Railway will reassign such labor forces to again perform the Railroad Work when, in its sole but good faith opinion, such emergency condition no longer exists. Railway will not be liable for any additional costs or expenses of the Project resulting from any such reallocation of its labor forces. The parties further agree that such reallocation of labor forces by Railway and any direct or Indirect results of such reallocation will not constitute a breach of this Agreement by Railway. 5. That if any Agency Contractor shall prosecute the Project work contrary to the Plans and Specifications or if any Agency Contractor shall prosecute the Project work in a manner Railway deems to be hazardous to its property, facilities or the safe and expeditious movement of its traffic, or the insurance described in "The Right-of-Entry Agreement" hereof shall be canceled during the course of the Project, the Railway shall have the right to stop the work until the acts or omissions of such Agency Contractor have been fully rectified to the satisfaction of Railway's Division Engineer, or additional insurance has been delivered to and accepted by Railway. Such work stoppage shall not give rise to or impose upon Railway any liability to Agency, or to any Agency Contractor. The right of Railway to stop the work is in addition to any other rights Railway may have which include, but are not limited to, actions for damages or lost profits. In the event that Railway shall desire to stop work, Railway agrees 4 to give immediate notice thereof in writing to those individuals set forth in Section 15 of this Article III. 6. The Agency shall supervise and inspect the operations of all Agency contractors to assure compliance with the plans and specifications,the terms of this agreement and all safety requirements of Agency. If at any time during construction Agency determines that proper supervision and inspection is not being performed by Agency personnel, Agency shall have the right to stop construction(within or adjacent to its operating right of way) and to request that the Agency correct the situation before construction is allowed to proceed. If Railway believes the situation is not being corrected in an expeditious manner, Railway shall immediately notify the Agency so that the Agency can take appropriate corrective action. 7. The Project shall not be commenced by Railway until Agency has issued Railway a "Notice to Proceed". Agency's Contractor shall not commence construction of the Project until the Agency shall have given not less than thirty (30) days prior written notice to Agency's Manager of Public Projects which notice shall stale the time that Agency's Contractor plans to begin construction of the Project. Each notice shall make reference to Railway's file name Kent We.-Widen Smith Street crossing. 8. The construction of said Project shall be performed and effected in such a manner as not to interfere with the safe and timely operation of locomotives, trains, cars and on track maintenance equipment, over Railway's tracks. 9. After completion of the construction of the Project as here in above described: (a) Railway will maintain at its sole cost and expense the crossing surface and Signals in accordance with slate law. (b) Agency at its sole cost and expense, maintain all improvements, other appurtenances, advance warning signs,and standard pavement markings. 10. Before entering upon Railway's right of way for maintenance purposes, Agency shall notify Railway's Manager Public Projects to obtain prior authorization, and, If work is contracted, Agency will require Its contractor(s) to comply with the obligations in favor of Railway, set forth in the "Right—of-Entry Agreement" as may be revised from time to time, and accepts responsibility for compliance by its contractors). 11, Agency shall indemnify and save harmless Railway, its agents and employees, against all liability, claims, demands, damages, or costs for(a)death or bodily injury to persons including, without limitation, the employees of the parties hereto, (b) injury to property Including, without limitation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage or expense arising under either (a), (b) or (c), and all fines or penalties imposed upon or assessed against Railway, and all expenses of investigating and defending against same, arising in any manner out of (1) activities, use, or presence, or negligence of Agency, or Agency's employees, or Agency's contractors, subcontractors, agents, invitees or any of their employees, in, on, or near Railway's right of way, or, (2) The performance, or failure to perform, by the Agency, its contractors, subcontractors,or agents, its work or any obligation under this agreement.. 12, Agreement shall be interpreted in accordance with the laws of the State of Washington. 13. All the covenants and provisions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, except that no party may assign any of Its rights or obligations hereunder without the prior written consent of the other party. 14.. In the event that construction of the Project has not begun for a period of three years from the date of this agreement,this agreement shall become null and void. 15.. Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified mail, return receipt requested,to the parties at the following addresses: 5 The Burlington Northern and Railway's Manager of Public Projects Santa Fe Railway Company: John M. (Mike) Cowles 2454 Occidental Avenue So., Suite 1-A Seattle,WA.98134-1451 Telephone No: (206)625-6146 Telecopy No.: (206)625-6115 With a copy to: Division Engineer 2454 Occidental Ave. So.—Ste 1-A Seattle,WA.98134 Telephone No. (206)625.6363 Telecopy No. (206)625-6265 Roadmaster 605 Puyallup Avenue Tacoma,WA. 98421 Telephone No. (253) 591-2563 Telecopy No. (253)591-2627 KENT,WASHINGTON Steve Mullen Mgr.Transportation Engineer j Public Works Department 400 West Gowe Kent,WA.98032-5895 Telephone No. (253)856-5585 - Telecopy No. (253)856-6500 IN WITNESS WHEREOF, Agency has caused this Agreement to be executed and witnessed by its duly qualified and authorized officials, and BNSF has executed this Agreement,both as of the day and year first above written. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY '.... By Manager Public Projects WITNESS: KENT,WASHINGTON By Title 6 Y 4niP n � h I \ On a I � 6 sa I " a N r- < 0 I a 3 � � i5 LI cr ,I fill r v '�I OLIR YIS all W: bi 111i t d. gg Izt WIZ I�ro� s 01 - u iIW Yli b I� s N 3AV lal r r moc w 0'C—Jd 133H5 335—3Nf1HOltltl `.-(v:_ime aw ,e.J.IFn lvo ami el{_.Mr an'tLnvamr ild ni �pn rr �x ryrin nr ..r�,ral •:' � r•ej 1 III ----------------------------------------------------------------------------------------------------------------------- "'"' MAINTAIN PROPRIETARY CONFIDENTIALITY '**"* _______________________________________________________________________________________________________________________ THE B. N. S. F. RAILWAY COMPANY PEPE ESTIMATE FOR CITY OF KENT __________________________________________________________________________ LOCATION - KENT DETAILS OF ESTIMATE-------------------------------------------------- _____________________________________________________________________________________________________________ PURPOSE, JUSTIFICATION AND DESCRIPTION KENT,WA. - W, SMITH STREET - DOT 085633A - MAIN *1 AND *2 - UPGRADE RAIL AND WIDEN CROSSING SURFACE - LS 51 - MP 16.18X - SEATTLE SUB - PACIFIC DIVISION - ROADHASTER WAYNE LONNGREN - 100% BILLABLE TO THE CITY OF KENT - RFA 5510301 BNSF FORCES TO REUSE (6) EXISTING 136/132 TRANSITION RAILS, THE TRANSITIONAL RAILS ARE NOW PARTIALLY UNDER THE CROSSING SURFACE. BNSF FORCES ARE TO REMOVE AND DISPOSE OF ASPHALT AND ➢EBRIS. III CITY OF KENT IS TO REPAVE AND CONSTRUCT A NEW SIDEWALK ON THE SOUTHERLY SIDE OF ROAD. THE NEW RAIL IS TO BE AELAIO THEE AND BEYOND THE EXISTING CROSSING SURFACE. DESCRIPTION QUANTITY U/M COST TOTAL $ __________`•______________________________ ___ LABOR PLACEr FIELD'WELDS 139.52 ME 2,736 REMOVE CROSS TIES 192.00 MH 3,575 REMOVE PUBLIC CROSSING 192.00 ME 3,575 REMOVE RAIL/OTM 192.00 MR 3,575 REPLACE CROSS TIES 192.00 ME 3,575 REPLACE PUBLIC CROSSING 384.00 ME 7,150 REPLACE RAIL/OTM 192.00 MH 3,575 SURFACE TRACK 52.32 ME 1,031 UNLOAD BALLAST B.40 ME 357 UNLOAD CROSSING MATERIAL - PUBLIC 14.17 HE 259 WDRK TRAIN - BALLAST 16.00 MH '.. PAYROLL ASSOCIATED 502 COSTS 19,502 EQUIPMENT EXPENSES 11,525 SUPERVISION EXPENSES 15,325 PERDIEM EXPENSES 30D INSURANCE EXPENSES 4,686 ___________ ___________ TOTAL LABOR COST 81,535 81,535 MATERIAL BALLAST, FROM DELTA YARD 50.DO NT 350 WORK TRAIN FUEL - BALLAST 56.00 GAL 44 RAIL, 136 LB NEW WELDED :STANDARD CARBON 640.00 LF 6,874 SPIKE, TIMBER SCREW, 5/8X12 IN, F/ROAD XING 84.00 EA 84 TIE, TRK,10',PRE-PLATED,PANDKOL,6',ROUNO HOLE 36.00 EA 2,774 WELD, KIT, GENERIC FOR ALL RAIL WEIGHTS 16.00 KT 912 CONC 136 08-SEC WITH FILLER FOR WOOD 56.00 TF 8,021 STORE EXPENSES ONLINE TRANSPORTATION 758 USE TAX 1,758 OFFLINE TRANSPORTATION 265 113 ...** TOTAL MATERIAL COST ***' 21,662 21,662 OTHER ASPHALT/DEBRIS DISPOSAL 1.00 LS 21000 LEASED BACKHOE 5.00 DAY 825 LEASED FRONT END LOADER 5.00 DAY 2,125 LEASED VEHICLE COSTS 2.00 DAY 200 ______ ______ TOTAL OTHER ITEMS COST 5,150 5,150 PROJECT SUBTOTAL 108,347 CONTINGENCIES BILL PREPARATION FEE 6,485 575 l GROSS PROJECT COST 115,407 LESS COST PAID BY BNSF 0 - TOTAL BILLABLE COST 115,407 I i it 11 i CONTRACTOR'S RIGHT OF ENTRY AGREE51ENT FOR CONSTRUCTION PROJECTS ON OR ADJACENT TO PROPERTY OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Gentlemen: The undersigned, hereinafter referred to as Contractor, has entered into a Contract dated 2002, with Kent, Washington("City") for the performance of certain work in connection with the project. The widening and the improvements to the Smith Street at-grade crossing in the performance of which work the Contractor will necessarily be required to conduct operations within THE BURLINGTON NORTHERN AND SANTA PE RAILWAY COMPANY('Railway"),right of way and property('Railway Property"). The Contract provides that no work shall be commenced within Railway Property until the Contractor employed in connection with said work for City executes and delivers to Railway an Agreement,in the form hereof,and shall have provided insurance of the coverage and limits specified in said Contract and Section 2 of this Agreement.If this Agreement is executed by other than the Owner, General Partner,President or Vice President of Contractor,evidence is furnished to you herewith certifying that the signatory is empowered to execute this Agreement for the Contractor. Accordingly, as one of the inducements to and as Dart of the consideration for Railway granting permission to Contractor to enter upon Railway Property,Contractor,effective on the date of said Contract,has agreed and does hereby agree with Railway as follows: SECTION 1. RELEASE OF LIABILITY AND INDEMNITY Contractor agrees to release Railway from any claims arising from the performance of this Agreement which Contractor or any of its employees,subcontractors, agents or invitees could otherwise assert against Railway,regardless of the negligence of Railway,except to the extent that such claims are proximately caused by the intentional misconduct or gross negligence of Railway. Contractor shall indemnify and hold harmless Railway for all judgments, awards, claims,demands, and expenses (including attorney's fees),for injury or death to all persons,including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person,arising in any manner from Contractor's or any of Contractor's subcontractors'acts or omissions or failure to perform any obligation hereunder. THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT,IF IT IS A FACT,THAT THE DESTRUCTION,DAMAGE,DEATH,OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE I NEGLIGENCE OF RAILWAY,ITS AGENTS,SERVANTS,EMPLOYEES OR OTHERWISE,EXCEPT TO j THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. f THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL]INCLUDE ANY CLAIMS,SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT,WHENEVER SO CLAIMED. Nothing in this agreement is intended to be construed as a requirement for the indemnification against the sole negligence of the Railway, its officers, employees or agents for any work relative to the construction, alteration, repair, addition to,subtraction from, improvement to, or maintenance of,any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, performed in the State of Washington. Indemnification against liability for damages arising out of bodily injury to persons or damage to property for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, performed in the State of Washington and caused by or resulting from the concurrent negligence of the Railway and the Agency and its agents or employees will be enforceable only to the extent of the negligence of the Agency and its agents and employees. The indemnification obligation shall include all claims brought by Contractor's employees against the Railway, its 1 RIGHT OF ENTRY STATE OF WASHINGTON SEPTEMBER 3, 1999 agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act (RCW Title 51)and assumes potential liability for all actions brought by its employees. Contractor further agrees, at its expense,in the name and on behalf of Railway, that it shall adjust and settle all claims made against Railway,and shall,at Railway's discretion,appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable.Railway shall give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims,and in the event of a suit brought against Railway,Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor,at Railway's discretion, shall defend, adjust, or settle such suits and protect,indemnify,and save harmless Railway from and against all damages, judgments,decrees, attorney's fees,costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement. SECTION 2. INSURANCE. (a).Before commencing any work under this Agreement, Contractor must provide and maintain in effect 1 throughout the term of this Agreement insurance, at Contractor's expense,covering all of the work and services to be performed hereunder by Contractor and each of its subcontractors, as described below: (1). Workers'Compensation coverage as is required by State law. THE CERTIFICATE MUST I CONTAIN A SPECIFIC WAIVER OF THE INSURANCE COMPANY'S SUBROGATION RIGHTS AGAINST THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY. (2). Commercial General Liability insurance covering liability,including but not limited to Public Liability, Personal Injury, Property Damage and Contractual Liability covering the obligations assumed by Contractor in Section 1, with coverage of at least$2,000,000 per occurrence and $4,000,000 in the aggregate.Where explosion, collapse,or underground hazards are involved, the X,C,and U exclusions must be removed from the policy. (3). Automobile Liability insurance,including bodily injury and property damage,with coverage of at least $1,000,000 combined single limit or the equivalent covering any and all vehicles owned or hired by the Contractor and used in performing any of the services under this agreement (4). Railroad Protective Liability insurance stating The Burlington Northern and Santa Fe Railway Company is the Named Insured covering all of the liability assumed by the Contractor under the provisions of this Agreement with coverage of at least$2,000,000 per occurrence and $6,000,000 in the aggregate. Coverage shall be issued on a standard ISO form CG 00 35 01 96 and endorsed to include ISO form CG 28 31 10 93 and the Limited Seepage and Pollution Endorsement(see attached copy). (b).The average train traffic per 24-hour period on this route is 12 passenger trains at a timetable speed of 40 MPH. 32 freight trains at a timetable speed of 40 MPH. (c).All insurance shall be placed with insurance companies licensed to do business in the States in which the work is to be performed,and with a current Best's Insurance Guide Rating of A-and Class VIL or better. (d). In all cases except Workers'Compensation and Railroad Protective Liability coverage the certificate must specifically state that THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY IS AN ADDITIONAL INSURED. (e)Any coverage afforded Railway,the Certificate Holder,as an Additional Insured shall apply as primary and not excess to any coverage issued in the name of Railway. 2 ICI (f). Such insurance shall be approved by the Railway before any work is performed on Railway's Property and shall be carried until all work required to be performed on or adjacent to Railway's Property under the terms of the contract is satisfactorily completed as determined by the city of Kent,Washington,and thereafter until all tools, equipment and materials not belonging to the Railway, have been removed from Railway's Property and Railway Property is left in a clean and presentable condition. The insurance herein required shall be obtained by the Contractor and Contractor shall furnish Railway with an original certificate of insurance,signed by the insurance company,or its authorized representative, evidencing the issuance of insurance coverage as prescribed in(a) 1,2 and 3 above,plus the original Railroad Protective Liability insurance policy to: I Attention: Maintenance Field Support The Burlington Northern and Santa Fe Railway Company Maintenance Field Support 4501 Kansas Avenue Kansas City, Kansas 66106 (g).The certificate of insurance shall guarantee that the policies will not be amended,altered,modified or canceled insofar as the coverage contemplated hereunder is concerned, without at least thirty (30)days notice mailed by registered mail to Railway. (h).Full compensation for all premiums which the Contractor is required to pay on all the insurance described hereinafter shall be considered as included in the prices paid for the various items of work to be performed under the Contract,and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further distinctly understood and agreed by the Contractor that its liability to the Railway herein under SECTION 1 will not in any way be limited to or affected by the amount of insurance obtained and carried by the Contractor in connection with said Contract. SECTION 3. CONTRACTOR REQUIREMENTS (a).While on or about Railway Property,Contractor shall fully comply with Railway's"Contractor Requirements", including (but not limited to)clearance requirements and personal protective equipment requirements. Contractor shall be responsible for fully informing itself as to Railway "Contractor Requirements". (b).Prior to entering Railway Property,each person providing labor,material, supervision,or services connected with the work to be performed on or about Railway Property shall attend a Safety Orientation session conducted online at www.contractorsorientation.com. (c).Prior to entering Railway property, the Contractor shall prepare and implement a safety action plan acceptable to Railway.Contractor shall audit it's compliance with that plan during the course of it's work.A copy of said plan and audit results shall be kept at the work site and shall be available for inspection by Railway at all reasonable times t SECTION 4. PROTECTION OF RAILWAY FACILITIES AND RAILWAY FLAGGER SERVICES (a).The Contractor shall give a minimum of at least thirty(30)working days notice to Wayne Lonneren the Railways Roadmaster at telephone(253)591-2563,in advance of when flagging services will be required to bulletin the flaggers position and shall provide five(5)working days notice to the Roadmaster to abolish the position per union requirements. (b).Railway nagger and protective services and devices will be required and furnished when Contractor's work activities are located over or under of and within twenty-five(25)feet measured horizontally from center line of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track center line that could foul the track in the event of tip over or other catastrophic occurrence,but not limited thereto for the following conditions: 3 (1).When in the opinion of the Railway's representative,it is necessary to safeguard Railway's Property, '.. employees,trains,engines and facilities. '.. (2).When any excavation is performed below the bottom of tie elevation, if,in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. '... (3).When work in any way interferes with the safe operation of trains at timetable speeds. (4).When any hazard is presented to Railway track,communications,signal, electrical, or other facilities either due to persons, material,equipment or blasting in the vicinity. (5). Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. (a).Flagging services will be performed by qualified Railway flaggers. The base cost per hour for(1) flagger is $50.00 which includes vacation allowance, paid holidays,Railway and Unemployment:Insurance,Public Liability and Property Damage Insurance, health and welfare benefits,transportation, meals, lodging and supervision,for an eight(8)hour basic day with time and one-half or double time for overtime,rest days and holidays. These rates are subject to any increases which may result from Railway Employees-Railway Management negotiations or which may be authorized by Federal authorities.State/Contractor will be billed on actual costs in effect at time work is performed. (1).A flagging crew generally consists of one employee. However,additional personnel may be required to '.. protect Railway Property and operations,if deemed necessary by the Railway's representative. (2). Each time a flagger is called,the minimum period for billing shall be the eight(8)hour basic day. (3). The cost of flagger services provided by the Railway,when deemed necessary by the Railway's representative,will be borne by the State/Contractor. (4).The average train traffic per 24-hour period on this route is 12 passenger trains at a timetable speed of 40 MPH. 32 freight trains at a timetable speed of 40 MPH SECTION 5.TRAIN DELAYS No work performed by Contractor shall cause any interference with the constant,continuous and uninterrupted use of the tracks, property and facilities of the Railway,it's lessees,licensees or others,unless specifically permitted under this agreement, or specifically authorized in advance by the Railway Representative.Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety thereof.When not in use,Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railway's nearest track,and there shall be no vehicular crossings of Railway's track except at existing open public crossings. Contractor shall be responsible to Railway,including its affiliated railway companies,and its tenants for damages for any unscheduled delay to freight or passenger trains that are caused by the Contractor as follows: i (a). Train Delay Damages,Passenger Trains i (1). Contractor will be billed and Contractor shall pay Railway within 30 days, as provided below,for the actual economic losses arising from loss of contractual incentive pay and bonuses, and contractual penalties resulting from passenger train delays,whether caused by Contractor, or subcontractors,or by the Railway performing Railway Work associated with this project. Railway agrees that it will not perform any act to unnecessarily cause passenger train delay. (2).Passenger trains operate under incentive/penalty contract with the Railway. Under these arrangements,if Railway does not meet its contract service commitment, Railway may suffer loss of performance or incentive pay or be subject to a penalty payment. Contractor shall be responsible for any passenger train performance and incentive penalties 4 or other contractual economic losses actually incurred by Railway which are attributable to a passenger train delay caused by Contractor,or subcontractors. (3). As example, a passenger train arrives 30 minutes after its contract service commitments with the Railway and Railway is assessed damages per terms of the contract. Contractor,and/or it's subcontractors,caused a 29 minute delay to the passenger train and thereforethe Contractor is not responsible for passenger train performance incentives, penalties or other contractual economic losses actually incurred by Railway. (4). As example, a passenger train arrives 30 minutes after its contract service commitment and Railway is assessed damages per terms of the contract.Contractor, and/or it's subcontractors,caused a 31 minute delay to the passenger train and therefore the Contractor is 100%responsible for any passenger train _ performance incentive,penalties or other contractual economic losses actually incurred by Railway. (5). The contractual relationship between Railway and its passenger customers is proprietary and confidential. In the event of a passenger train delay covered by this Agreement, Railway will share information relevant to any passenger train delay to the maximum extent consistent with Railway confidentiality obligations. Damage for passenger train delays for certain passenger trains could be as high as$50,000.00 per passenger train. (b).Train Delays Damages,Freight Trains (1). Contractor will be billed and Contractor shall pay Railway within 30 days, as provided herein,for the damages for freight train delays, whether caused by the City,its contractors or subcontractors,or by the Railway working for the City. The Contractor will be billed at a rate of $304 28 (for 1998)per freight train hour for each freight train delayed as determined from Railway's records.Each delay may cause delays to more than one freight train at the same time.These rates will be updated annually and Contractor will be billed at rate per hour in effect at the time the delay occurred. Kindly acknowledge receipt of this letter by signing and returning to the undersigned two original copies of this letter,which,upon execution by Railway,shall constitute an Agreement between us. Yours truly, (Contractor) The Burlington Northern and Santa Fe Railway Company By BY Manager Public Projects (Title) Accepted this_day of 2002 Address City, State, Zip. j i 5 LIMITED SEEPAGE,POLLUTION AND CONTAMINATION COVERAGE ENDORSEMENT WORDING In consideration of the premium charged it is understood and agreed that Exclusion I. of Coverage A. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) unintended fire, lightning or explosion: or b) a collision or overturning of a road vehicle: or c) a collision or overturning or derailment of a train. Notwithstanding the foregoing it is agreed that the coverage provided by this Endorsement shall not apply to: 1. loss of, damage to or loss of use of property directly or indirectly resulting from sub-surface operations of the Insured, and/or removal of, loss of or damage to sub-surface oil, gas or any other substance; 2. any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substances; i 3. the cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. the cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the insured and/or under the control of the Insured. Notwithstanding the foregoing, Item I does not apply to tunnels. ,i 6 PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 ® Fax: 253-856-6500 '... TAddress: 220 Fourth Avenue S. WASHINGTON Kent,WA.98032-5895 DATE: May 5, 2003 TO: Mayor White ent City Council ' FROM: Don Wickstro blic Works Director SUBJECT: So 259th Place—Street Vacation SUMMARY: We have received a valid petition to vacate a portion of SE 259th Place. 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 MOTION: Recommend Council adoption of a resolution setting a public hearing date of July lat for the Street Vacation located along a portion of SE 259th Place. BACKGROUND: By law upon request 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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L 9 p rr�' �I a��F �i 5�—#a: f mm� r)'Yf�15 NISI Si s x°t �\�nsli sl 'yez+nr - 0 .125 .25 .375 .5 C miles 1 in. - 1900 ft. SEE 745 HAP PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 ® Fax: 253-856-6500 KEAI T Address: 220 Fourth Avenue S. W( SHINGTON Kent,WA.98032-5895 i DATE: May 5, 2003 TO: Public Works Committee FROM: Don Wickstrom, Public Work Director THROUGH: SUBJECT: Transportation Improvement Board (TIB) Grant Agreement #8-1-106(028)-4 SUMMARY: TIB has authorized the construction phase of the Central Avenue North—George St to Smith Street Project. The Public Works Committee recommends authorizing the Mayor to sign the TIB #8-1-106 (028)-1 grant agreement. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact MOTION: Recommend authorizing the Mayor to sign the TIB grant agreement, authorize staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. BACKGROUND: . The Mayor previously signed the Design Agreement for this project in February 2002. This agreement authorizes the construction phase of this project which is to widen James St. at Central Ave. intersection by adding a second left turn lane southbound on Central Ave. and a dedicated right turn lane westbound on James St,replace pavement and subgrade on the westerly two lanes of Central Ave. between Smith St and James St. and overlay the entire project I Kent Council Public Works Committee 1 TIB Grant Agreement May 5,2003 # 8-1-106(028)-1 Attachment Construction Approval Effective Date: April 28, 2003 Project information Lead Agency: City of Kent Project Number: 8-1-106(028)-1 Project Title: Central Ave N Project Termini: George St to Smith St Reimbursement Ratio: 60.0% TIB Phase Approved TIB Funds Application/Design 192,000 Construction 732,000 Total Authorization $924,000 This confirms TIB has authorized construction approval for this project in the amount of $732,000, for a total authorization of $924,000. f^ 04/28/2003 Executi Director Date , Washington State Transportation improvement Board i Fuel Tax Grant Distribution Agreement fRINI: Ein t ER: 8)-1 : e N Smith St 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project. Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and supercedes all previousp elvious writtelnutes the enre agreement between the or oral agreements between the parties.adies and 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT n execution by TIB and shall continue through This Agreement shall be effective upo completion of each phase of the project, unless terminated sooner as provided herein. i 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement. 6.0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the ny action brought hereunder shall be in the Superior state of Washington and venue of a Court for Thurston County. TIB Form 190-500 Page 1 of 3 Rev.2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TO determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1) was not at fault, or (2) failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. I 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. I 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB. i �I TIB Form 190-500 Page 2 of 3 Rev.2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8.0 ATTACHMENTS Attachment 1 specifies the grant program applicable to this project, identifies the grant recipient, and contains the list of additional documents specific to the project which will be attached and incorporated into this Agreement, together with subsequent amendments, as the project progresses through each phase of design and construction. Approved as to Form This 14th Day of February, 2003 Christine O. Gregoire Attorney General By: Signature on file Jeanne A. Cushman Assistant Attorney General I Lead Agency Transportation Improvement Board Signature of Chairman/Mayor Date Executive Director D e r Print Name Print Name i i TIB Form 190-500 Page 3 of 3 Rev.2/14/2003