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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/15/2004 Public Works Committee Agenda Councilmembers: Ron HarmonuDebbie RapleeuBruce White, Chair KENT November 15, 2004 5:00 P.M. Item Description Action Sneaker Time Page 1. Approval of minutes dated November 1,2004 Yes none 5 1 2. PSEProjectConstructionAgreement—Authorize Yes Wickstrom 5 5 3. TIB Grant for Pacific Highway—Authorize Yes Wickstrom 5 43 4. WSDOT Participation Agreement for SR 516 at 4tb Ave. Overlay--Authorize Yes Wickstrom 5 47 5. WSDOT Participation Agreement for SR 516 at Military Rd Overlay—Authorize Yes Wickstrom 5 53 Unless otherwise noted,the Public Works Committee meets at 5:00 p.m. on the la`&3`d 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. P9Public\Administmtive SupporNanetNublic Worlcs Conuni tce Meetings\PW Aoendds\041115.doc PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:253-856-5500 ��[[ ® Fax: 253-856-6500 K •U- Address: 220 Fourth Avenue S. WASHINGTON Kent,WA. 98032-5895 , DATE: No mber 15, 2004 TO: PuW orks Connnittee FROM: Do4� kstrom,Public Works Director ! SUBJECT: Transportation Improvement Board Grant for Pacific Highway South HOV Lanes - 2004 Storm Drainage Project ! MOTION: Recommend concurrence of the Transportation Improvement Board grant for the Pacific Highway South HOV Lanes 2004 Storm Drainage Project and authorize the establishment of the budget for same along with directing staff to spend the money accordingly. SUMMARY: The Transportation Improvement Board approved a grant for the City of Kent's Pacific Highway South HOV Lanes—2004 Storm Drainage Project in the amount of$392,704. This grant which was part of an original overall offer of$4,185,000 was accepted by the City and assumed Council had accepted same but didn't. As such the Public Works Department is requesting that Council authorize the establishment of the budget and spending of the money accordingly. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND The City's Pacific Highway South HOV Lanes - 2004 Storm Drainage Project is the next phase of a multi-phased construction project for the installation of HOV lanes along Pacific Highway South from City limits (SR516) to City limits (S. 272°a Street). This particular phase is for the installation of approximately 5,000 feet of new storm drainage on the west side of the road between S. 252" Street and S. 272°d Street. The initial grant offer of$4,135,000 was given in September 2000, the actual grant was then made at the time each respective phase was ready for construction. Because of this multi-phasing it was thought that this particular grant had been approved by Council, which it was not. It's the Public Works Departments request that this grant now be accepted by Council along with establishing the budget and spending the money accordingly. Mayor White and Kent City Council 1 TTB Grant for Pac Ihvy HOV Lanes ! November 16,2004 WashingtonState TIS Members Couridlinembar'Willam Ganley Chai,g1yof➢altleGibund - - Commssioner Lea Bowman Mr.Don Wickstrorn., P. E. - - WooChiq➢ernhoulrunty PtlbRWorks director - - - Mc Jehn Akers,P.E. - - CltyefEllenaburg City of Kent. . Mr.Thomas Ballard,P.E. ,P20 - 4th Avenue Souih Pierce County V. mt 1 - NA 08032-58'�8 I � Ms.Bennie Berk Berk and Assam'es ,. Councilmember Jeanne Burbidge Arterial Improvement program City of Federal Way TIB Project Number 8-1-106(027)-3 Mr.George 0ress _ Purl of Longview Pacific Highway South (SR-99) Co.Katmeen Oads South 252nd St to South 272nd St . - - Mr.Dan O1Gaull. Authorization to Award Contract Clallam Transit Ms.Pawn llammond,P.E. This is to confirm that the TIB has authorized the approval to award the contract WSDDT on this project effective June 1, 2004. See the attached document for specific ''...... membeGil,eiofY klima information regarding the requirements associated with this approval. Councilmember Bob McKenna King Cennty In accordance with TO Guidelines, an Updated Cost Estimate (UCE) form, Final t" Dick MfeffmpKirhly n Summary of Construction Quantities, and a Project Ledger indicating all project City Ry. Mr.Oave Nalaon costs are required upon completion of the project. Call or e-mail your TIB.project '.., Draal C.uoly engineer to receive an Updated Cost Estimate form. Mr.Dave O'connc7 hfason County Cernm(sslonar Mike She�ton For assistance with your project, contact Greg Armstrong, TIB Project Engineer, - ts'andCounty at (360) 586-1142 or via e-mail at GregA@TIB.wa.gov. Mr.Amald Tomac bicycle Alliance of Washington '.. Mc Theo Yu '.. DIFna of Financial Manage,mant - Mr.JaylNeber - .ounly Ruud Adramr kraflon Board - Ms.Kim Zentz Spokane Transi(Aulhanly - Me shoran Gor uos r - Execulive Diredor - P.C.➢ox40901 Olympia;WA 83504-0901 - Phone: 360-bB6-1140 Fax:360-563-1165 www.lib.wa.00v Investing in yoter focal community Fk s'S { is .fix Itf(9 Approval to Award Mantra t ,e EgIectivo you �'p ..52'yyfl�e Project information Lead Agency: Gity of Kent srk ate{ project Number: 8-1-106(021) { 1 (CP_QQ� PmIF�t Title PacificHighway., .. ..� + tn so G ia`h 272nd St � . �_ � � ProlectTermini: South 252nd S w ' TIB Funds * 1 TIB Phase — p � { Application/Design § � Construction 392,704 Ab 0 � Award Contract �5 Total Authorization $392,704 � This confirms TIB has authorized you to award the contract for this project. The !+ Est— +e is projec Updated Cost Est— for aototaluau htonzatiofor n1Of $392,704.indicates a change in TIB funds t�� in the amount of $0, r" - Zc , Executive Director � * PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director ® Phone:253-856.5500 Fax: 253-856-6500 T j WASH N 6 T O N Address: 220 Fourth Avenue S. Kent,WA.98032-5895 DATE: Nov 9, 2004 TO: Ma White and Kent City Council FROM: Dons A� strom, Public Works Director THROUGH: SUBJECT: WSDOT Participation Agreement for SR-516 at 4th Avenue S. Overlay MOTION: Recommend authorizing the Mayor to sign the WSDOT Participation Agreement in the amount of $93,819.54 for construction of the SR-516 at 4"' Avenue South Asphalt Pavement Overlay upon concurrence of the language herein by the Public Works Director and the City Attorney and to establish a budget for the same along with directing staff to spend the money accordingly. SUMMARY: Authorize the Mayor to sign the Participation Agreement between the City of Kent and the Washington State Department of Transportation for the City to overlay the intersection of SR- 516 (Willis Street) at 41h Avenue South with the State reimbursing the City for same. The Public Works Department recommends that the Mayor be authorized to sign the agreement. BUDGET IMPACT: No Unbudgeted Fiscal Personnel Impact BACKGROUND: Willis Street is a state route (SR-516). The Washington State Department of Transportation is responsible for the maintenance of the roadway surface and will be overlaying SR-516 between I-5 and Smith Street in 2005. The City of Kent will be widening Willis Street to add a second left-turn lane at 41h Avenue South. This work is part of the off-site improvements required by the developer for the Kent Station Project. The WSDOT has agreed to reimburse the City for cost of performing the asphalt concrete overlay. This agreement is for construction of the overlay. The Public Works Department supports executing the agreement. I i Mayor White and Kent City Council WSDOT Participation Agreement for SR-516 at 4`h Ave. November 9,2003 1 Washington State Department of Transportation Organization and Address City of Kent State Participating Attn: Kenneth Langholz,Engineering Supervisor Agreement 220 Fourth Avenue South Kent,WA 98302-5895 Work by Local Agency Section/Location Actual Cost 4th Avenue South Intersection Agreement Number Description of Work GCA 4196 Overlay intersection of SR 516 and 4th Avenue South with hot inix State Route Number Control Section Number asphalt 516 176305 Region Urban Corridors THIS AGREEMENT, made and entered into this _ day of , between the STATE OF ,, WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the"STATE") and the above named organization, (hereinafter the"LOCAL AGENCY"). WHEREAS,the LOCAL AGENCY is planning the construction of a project as shown above, and In connection therewith,the STATE has requested that the LOCAL AGENCY perform certain work as herein described,and WHEREAS, it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's construction contract proposed for the above-noted project, and WHEREAS,the STATE is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms,conditions,covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: The STATE agrees, upon satisfactory completion of the !!, GENERAL work involved,to deliver a letter of acceptance which shall The LOCAL AGENCY,as agent acting for and on behalf of include a release and waiver of all future claims or demands of the STATE, agrees to perform the above"Description of any nature resulting from the performance of the work under this 9 P p AGREEMENT. Work". Plans, specifications and cost estimates shall be prepared by the PAYMENT LOCAL AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and The STATE,in consideration of the faithful performance of the Municipal Construction, and amendments thereto,and adopted work to be done by the LOCAL AGENCY, agrees to reimburse design standards, unless otherwise noted.The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect will incorporate the plans and specifications into the LOCAL cost of the work. AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is An itemized estimate of cost for work to be performed by the awarded, administer the contract. LOCAL AGENCY at the STATE's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibit"B",attached hereto Partial payments shall be made by the STATE, upon request of and by this reference made a part of this AGREEMENT,to the the LOCAL AGENCY,to cover costs incurred.These payments STATE for approval prior to advertising the project. are not to be more frequent than one(1)per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that,at the time of the final The STATE may, if it desires,furnish an inspector on the audit,all required adjustments will be made and reflected in a project.Any costs for such inspection will be borne solely by final payment. the STATE.All contact between said inspector and the LOCAL AGENCY's contractor shall be through the LOCAL AGENCY's representative. i DOT Form 224-067 EF Revised 10/2001 The LOCAL AGENCY agrees to submit a final bill to the STATE In the event it is determined that any change from the description within forty-five (45)days after the LOCAL AGENCY has of work contained in this AGREEMENT is required,approval must completed the work. be secured from the STATE prior to the beginning of such work. Where the change is substantial,written approval must be III secured. DELETION OF WORK In the event the estimate of cost, Exhibit"A", is in excess of Reimbursement for increased work and/or a substantial change in $10,000 and the total actual bid prices for the work covered by the description of work shall be limited to costs covered by a this AGREEMENT exceeds the estimate of cost by more than 15 written modification,change order or extra work order approved percent,the STATE shall have the option of directing the LOCAL by the STATE. AGENCY to delete all or a portion of the work covered by this AGREEMENT from the LOCAL AGENCY's contract. Except,that V this provision shall be null and void if the STATE's portion of the RIGHT OF ENTRY work exceeds 20 percent of the actual total contract bid price. The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway,for the The STATE shall have five(5)working days from the date of purpose of constructing said improvements. written notification to inform the LOCAL AGENCY to delete the work. Should the STATE exercise its option to delete work,the Upon completion of the work outlined herein, all future operation STATE agrees, upon billing by the LOCAL AGENCY,to and maintenance of the STATE's facilities shall be at the sole cost reimburse the LOCAL AGENCY for preliminary engineering costs of the STATE and without expense to the LOCAL AGENCY. incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract. VI LEGAL RELATIONS IV No liability shall attach to the LOCAL AGENCY or the STATE by EXTRA WORK reason of entering into this agreement except as expressly In the event unforeseen conditions require an increase in the cast provided herein. of 25 percent or more from that agreed to on Exhibit"A",this AGREEMENT will be modified by supplemental AGREEMENT covering said increase. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION B By y Title Title Date Date DDT Form 224-067 EF Revised 1012001 GCA 4196 EXHIBIT A ESTIMATE OF COST NUMBER OF COST PER ITEM UNIT UNITS UNIT COST Removing Plastic Line L.F. 430 1.5 $645.00 Removing Raised Pavement Marker HUND. 6.1 80 $488.00 Removing Plastic Traffic Marking EACH 27 15 $405.00 Planing Bituminous Pavement S.Y. 265 3 $795.00 Hot Mix Asphalt 1/2" PG 64-22 TON 1170 42 $49,140.00 Loop Replacement EACH 5 750 $3,750,00 Raised Pavement Markers Type 1 &2 HUND. 6.1 200 $1,220.00 Paint Line L.F. 2000 0.15 $300.00 Plastic Stop Line L.F. 72 2 $144.00 Plastic Crosswalk Stripe L.F. 220 2 $440.00 Railroad Crossing Symbol EACH 1 770 $770.00 Plastic Traffic Arrow EACH 7 35 $245.00 Plastic Traffic Letter EACH 20 35 $700.00 Traffic Control Supervisor HOUR 65 35 $2,275,00 Traffic Control Labor HOUR 175 35 $6,125.00 Temporary Traffic Control Devices L.S. 1 2160 $1,840.00 Sequential Arrow Sign HOUR 64 5 $320.00 Sub-total A $69,602.00 Mobilization (7% Sub-total A) $4,872.14 )-total B $74,474.14 odles Tax(8.6% of Sub-total B) $6,404.78 Sub-total C $80,878.92 Const. Engr. (12% of Sub-total C) & Contingencies (4%) $12,940.63 TOTAL $93,819.54 NOTE: Preliminary engineering is not included per direction from Mr. Kenneth Langholz, City of Kent GCA 4196 EXHIBIT B ESCRIPTT"XT O tanRK The LOCAL AGENCY will include the following work on SR 516, from the UPRR tracks to 3`° Avenue South (Milepost 5.08 to Milepost 5.30),in their Project No. 01-3^vi0, Willis Street at 41`Avenue South Intersection Improvements project: Remove pavement markings Plane bituminous pavement Pave with 0.15' Hot Mix Asphalt(HMA) '/Y' PG 64-22 Replace existing traffic loops Install pavement markings Provide traffic control for the work I i it PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone: 253-856-5500 *• Fax: 253-856.6500 KE `-T Address: 220 Fourth Avenue S. WASHINGTON Kent,WA.98032-5895 DATE: No4ember 9, 2004 TO: MWhite and Kent City Council FROM: Dckstrom, Public Works Director THROUGH: SUBJECT: WSDOT Participation Agreement for SR-516 at Military Road S. Overlay MOTION: Recommend authorizing the Mayor to sign the WSDOT Participation Agreement in the amount of $77,473.71 for construction of the SR-516 at Military Road South Asphalt Pavement Overlay upon concurrence of the language herein by the Public Works Director and the City Attorney and to establish a budget for the same along with directing staff to spend the money accordingly. SUMMARY: Authorize the Mayor to sign the Participation Agreement between the City of Kent and the Washington State Department of Transportation for the City to overlay the intersection of SR- 516(Kent-Des Moines Road) at Military Road South with the State reimbursing the City for same. The Public Works Department recommends that the Mayor be authorized to sign the agreement. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: Kent Des-Moines Road is a state route (SR-516). The Washington State Department of Transportation is responsible for the maintenance of the roadway surface and will be overlaying SR-516 between I-5 and Smith Street in 2005, The City of Kent is in process of designing the Military Road Widening Project which includes widening SR-516 at the intersection. This work is part of the South 228t" Street Corridor Project. The WSDOT has agreed to reimburse the City for cost of performing the asphalt concrete overlay. This agreement is for construction of the overlay. The Public Works Department supports executing the agreement. Mayor White and Kent City Council WSDOT Participation Agreement for SR-516 at Military Rd. November 9,2003 1 i Washington State Department of Transportation Organization and Address !i City of Kent State Participating Attn: Kenneth Laugholz,Engineering Supervisor Agreement 220 Fourth Avenue South Kent, WA 98302-5R95 Work by Local Agency Section/Location Actual Cost Military Road South Intersection Agreement Number Description of Work GCA 4195 Overlay intersection of SR 516 and Military Road South with Hot State Route Number Control Section Number mix asphalt 516 176303 Region Urban Corridors THIS AGREEMENT, made and entered into this day of between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the"STATE")and the above named organization, (hereinafter the"LOCAL AGENCY"). WHEREAS,the LOCAL AGENCY is planning the construction of a project as shown above, and in connection therewith,the STATE has requested that the LOCAL AGENCY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the STATE to include specific items of work In the LOCAL AGENCY's construction contract proposed for the above-noted project, and WHEREAS,the STATE is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I The STATE agrees, upon satisfactory completion of the GENERAL work involved,to deliver a letter of acceptance which shall The LOCAL AGENCY, as agent acting for and on behalf of include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this the STATE,agrees to perform the above"Description of AGREEMENT. Work". Plans, specifications and cost estimates shall be prepared by the ll PAYMENT LOCAL AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge,and The STATE, in consideration of the faithful performance of the Municipal Construction, and amendments thereto, and adopted work to be done by the LOCAL AGENCY,agrees to reimburse design standards, unless otherwise noted.The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect will incorporate the plans and specifications into the LOCAL cost of the work. AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is An itemized estimate of cost for work to be performed by the awarded, administer the contract. LOCAL AGENCY at the STATE's expense is marked Exhibit "A",and is attached hereto and by this reference made a part of this AGREEMENT. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibit"B",attached hereto Partial payments shall be made by the STATE, upon request of and by this reference made a part of this AGREEMENT,to the the LOCAL AGENCY, to cover costs incurred.These payments STATE for approval prior to advertising the project. are not to be more frequent than one(1)per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that,at the time of the final The STATE may, if it desires,furnish an inspector on the audit, all required adjustments will be made and reflected in a project.Any costs for such inspection will be borne solely by final payment. the STATE. All contact between said inspector and the LOCAL AGENCY's contractor shall be through the LOCAL AGENCY's representative. DOT Form 224-067 EF Revised 10/2001 The LOCAL AGENCY agrees to submit a final bill to the STATE In the event it is determined that any change from the description within forty-five (45)days after the LOCAL AGENCY has of work contained in this AGREEMENT is required,approval must completed the work. be secured from the STATE prior to the beginning of such work. Where the change is substantial,written approval must be III secured. DELETION OF WORK In the event the estimate of cost, Exhibit"A",is in excess of Reimbursement for increased work and/or a substantial change in $10,000 and the total actual bid prices for the work covered by the description of work shall be limited to costs covered by a this AGREEMENT exceeds the estimate of cost by more than 15 written modification,change order or extra work order approved percent, the STATE shall have the option of directing the LOCAL by the STATE. AGENCY to delete all or a portion of the work covered by this V AGREEMENT from the LOCAL AGENCY's contract. Except,that this provision shall be null and void if the STATE's portion of the RIGHT OF ENTRY work exceeds 20 percent of the actual total contract bid price. The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway,for the The STATE shall have five(5)working days from the date of purpose of constructing said improvements. written notification to inform the LOCAL AGENCY to delete the work. Should the STATE exercise its option to delete work, the Upon completion of the work outlined herein,all future operation STATE agrees, upon billing by the LOCAL AGENCY,to and maintenance of the STATE's facilities shall be at the sole cost reimburse the LOCAL AGENCY for preliminary engineering costs of the STATE and without expense to the LOCAL AGENCY. incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract. VI LEGAL RELATIONS IV No liability shall attach to the LOCAL AGENCY or the STATE by EXTRA WORK reason of entering into this agreement except as expressly In the event unforeseen conditions require an increase in the cost provided herein. of 25 percent or more from that agreed to on Exhibit"A",this AGREEMENT will be modified by supplemental AGREEMENT covering said increase. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Title Title Date Date DOT Form 224-067 EF Revised 10/2001 GCA 4195 EXHIBIT A ESTIMATE OF COST NUMBER OF COST PER ITEM UNIT UNITS UNIT COST Removing Plastic Line L.F. 375 1.5 $562.50 Removing Raised Pavement Marker HUND. 6 80 $480.00 Removing Plastic Traffic Marking EACH 4 15 $60.00 Planing Bituminous Pavement S.Y. 630 3 $1,890.00 Hot Mix Asphalt 1/2" PG 64-22 TON 716 42 $30,030.00 Loop Replacement EACH 9 750 $6,750.00 Permanent Signing L.S. 1 6066 $6,066.00 Raised Pavement Markers Type 1 &2 HUND. 6 200 $1,200.00 Paint Line L.F. 600 0.15 $90.00 Plastic Stop Line L.F. 96 2 $192.00 Plastic Crosswalk Stripe L.F. 280 2 $560.00 Plastic Traffic Arrow EACH 6 35 $210.00 Plastic Traffic Letter EACH 11 35 $385.00 Traffic Control Supervisor HOUR 40 35 $1,400.00 Traffic Control Labor HOUR 120 35 $4,200.00 Temporary Traffic Control Devices L.S. 1 2520 $2,520.00 Sequential Arrow Sign HOUR 64 5 $320.00 Operation of Truck Mounted Attenuator HOUR 16 35 $560.00 Sub-total A $57,475.50 ,bilization (7% Sub-total A) $4,023.29 10-total B $61,498.79 Sales Tax (8.6% of Sub-total B) $5,288.90 Sub-total C $66,787.68 Const. Engr. (12% of Sub-total C) &Contingencies (4%) $10,686.03 TOTAL $77,473.71 i NOTE: Preliminary engineering is not included per direction from Mr. Kenneth Langholz, City of Kent TIC hours based on 4 working days GCA 4195 EXHIBIT B DESCRIPTION —OF WORK The LOCAL AGENCY will include the following work on SR 516, from 500 feet east and 300 feet west of the centerline of Military Road (Milepost 2.17 to Milepost 2.32),in their Project No. 87-3007, S. 228`' St. Corridor-Military Road Improvements: Remove pavement markings Plane bituminous pavement Pave with 0.15' Hot Mix Asphalt (HMA) %2"PG 64-22 Replace existing traffic loops Install permanent signing Install pavement markings Provide traffic control for the work Note: Paving of Military Road is not included in this agreement. i i i i PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone:263-856-5500 ® Fax: 253-856-6500 K1E N T Address: 220 Fourth Avenue S. WASHINGTON Kent,WA. 98032-5895 DATE: November 15,2004 TO: Mayor White and Kent City Council FROM: Do,, ipkstrom,Public Works Director THROUGH: c . J SUBJECT: Project Construction Agreement with Puget Sound Energy Regarding Pacific Highway South HOV Lanes Project MOTION: Recommend authorizing the Mayor to sign the Construction Agreement with Puget Sound Energy for the conversion of the overhead power to underground for the Pacific Highway South HOV Lanes North Phase upon concurrence of the language therein by the City Attorney and the Public Works Director. SUMMARY: This Underground Conversion Agreement between the City of Kent and Puget Sound Energy is for conversion of the overhead power to underground for the North Phase of the Pacific Highway South IIOV Lanes Project between Kent-Des Moines Road and S. 252nd Street. The Public Works Director recommends approval of the agreement and that the Mayor be authorized to sign same upon concurrence of the final language by the City Attorney BUDGF,T IMPACT: No Unbudgeted Fiscal/Personnel impact BACKGROUND: As part of the Pacific Highway South HOV Lanes Project, the overhead distribution power is required to be converted to underground in order to meet the requirements of the City's undergrounding ordinance. In accordance with existing tariffs filed with the Washington Utilities and Transportation Commission, Cities are required to enter into Construction Agreements with Puget Sound Energy to dictate the terms of the underground conversion. The attached agreement with Puget Sound Energy establishes a scope of work, schedule, and costs for this conversion work. Preliminary estimate for the City's portion of the work is approximately $557,140. The Public Works Director recommends authorizing executing the contract. Mayor White and Kent City Council Construction Agreement Pac Hwy S. HOV Lanes- November 15,2004 1 SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement I Project Name: City of Kent—Hwy 99 North Phase Project Number: 101006749 THIS Agreement, dated as of this_day of ,200, is made by and between CITY OF KENT, a Municipal Corporation (the"Government Entity'), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the"Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity has determined that it is necessary to replace the existing overhead electric distribution system within the area specified in the Project Plan (as defined below) (the "Conversion Area") with a comparable underground electric distribution system, all as more specifically described in the Project Plan (the "Conversion Project"). C. The Government Entity and the Company have previously entered into a Project Design Agreement dated as of September 12, 2002 (the "Design Agreement"), pursuant to which the parties completed certain engineering design, cost assessment, operating rights planning and other preliminary work relating to the Conversion Project and, in connection with that effort, developed the Project Plan. D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74")to govern the completion of the Conversion Project, which both parties intend shall qualify as an underground conversion under the terms of Schedule 74. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Definitions. (a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement, including,without limitation, the following: i) Cost of Conversion; ii) Public Thoroughfare; iii) Temporary Service; IV) Trenching and Restoration; v) Underground Distribution System; and vi) Underground Service Lines. (b) "Company-Initiated Upgrade"shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, a"comparable"system shall include, unless the Parties otherwise agree,the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) Construction Agreement, Attachment"B"to Schedule 74, Page 1 City of Kent, Hwy 99 North Phase #101006749 of such diameter and number as may P 9 P be specified and agreed upon in the Project Plan necessary to replicate the load-carrying capacity(system amperage class) of the overhead system being replaced. (c) "Estimated Reimbursable Private Conversion Costs"shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (d) "Estimated Reimbursable Temporary Service Costs"shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. i (e) "Estimated Reimbursable Upgrade Costs"shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) "Estimated Shared Company Costs"shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) "Estimated Shared Government Costs"shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) "Government-Requested Upgrade"shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (i) "Party"shall mean either the Company, the Government Entity, or both. Q) "Private Property Conversion"shall mean that portion, if any, of the Conversion Project for which the existing overhead electric distribution system is located, as of the date determined in accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not derived from a franchise previously granted by the Government Entity or pursuant to rights not otherwise previously granted by the Government Entity. (k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement and attached hereto as Exhibit A, as the same may be changed and amended from time to time in accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed description of the Work that is required to be performed by each Party and any third party, (if)the applicable requirements and specifications for the Work, (iii) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project(and the requirements and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule. (1) "Operating Rights"shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs"shall mean (1) all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii)the distribution pole replacement costs (if any)that would be avoided by the Company on account of such Private Property Conversion, as determined consistent with the applicable Company distribution facilities Construction Agreement, Attachment"B"to Schedule 74, Page 2 City of Kent, Hwy 99 North Phase #101006749 replacement program, plus (iii)just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) "Reimbursable Temporary Service Costs"shall mean all costs incurred by the Company which are attributable to (1) any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii)the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs"shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. i (p) "Shared Company Costs"shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however, that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt,the "Shared Company Costs"shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the "Design Work" performed by the Company under the Design Agreement. (q) "Shared Government Costs"shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii)the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however;that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) 'Total Shared Costs"shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt,the Total Shared Costs shall not include,without limitation, (i) costs to the Government Entity for Trenching and Restoration, or(ii) costs associated with any joint use of trenches by other utilities as permitted under Section 3(b). (s) "Work"shall mean all work to be performed in connection with the Conversion Project, as more specifically described in the Project Plan, including, without limitation, the Company Work(as defined in Section 2(a), below) and the Government Work(as defined in Section 3(a), below). (t) 'Work Schedule'shall mean the schedule specified in the Project Plan which sets forth the milestones for completing the Work, as the same may be changed and amended from time to time in accordance with Section 6, below. 2. Oblications of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as j specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the"Company Work"): i Construction Agreement, Attachment`B"to Schedule 74, Page 3 City of Kent, Hwy 99 North Phase #101006749 i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles) of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying (i)the Company Work completed to date, (ii)the Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to, the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement,the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in,the Project Plan (the "Government Work"): i i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere (as determined pursuant to the Company's electrical standards)with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying (i)the Government Work completed to date, (ii) the Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Government Costs and the Work Schedule. (d) The Government Entity shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. Construction Agreement, Attachment`B"to Schedule 74, Page 4 City of Kent, Hwy 99 North Phase #101006749 f his Agreement, the Government Entity shall perform all (e) Subject to the terms and conditions o t g y Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. (a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in the Project Plan. Changes to the Work Schedule shall be made only in accordance with Section 6, below. (b) Promptly following the execution of this Agreement, and upon completion by the Government Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction meeting involving all participants in the Conversion Project to review project design, coordination requirements,work sequencing and related pre-mobilization requirements. Following the pre- construction meeting, the Government Entity shall give the Company written notice to proceed with the Work at least ten (10) business days prior to the commencement date specified in the Work Schedule. (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the j Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity(or its agents, servants, employees, contractors, subcontractors, or representatives) for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Chanaes. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement(a"Request for Change"), including, but not limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the specifications, drawings and other requirements in the Project Plan, (ii!) changes in the Work Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service Costs (if any),the Estimated Reimbursable Upgrade Costs (if any) and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. I (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs,the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11, below, (ii)the discovery of any condition within the Conversion Area which affects the scope, cost, Construction Agreement, Attachment'B"to Schedule 74, Page 5 City of Kent, Hwy 99 North Phase j #101006749 i schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party,the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at anytime thereafter,the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement (including, without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A) sixty percent (60%)to the Company, and (B) forty percent (40%)to the Government Entity. ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable Private Conversion Costs, if any. III) The Government Entity shall pay one hundred percent(100%) of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent(100%) of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent(100%) of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(1) and (ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above,the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement(the "Net Amount"), The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(i), and adjusting such amount as follows: i) Subtracting (as a credit to the Government Entity)the amount of the Shared Government Costs. ii) Adding (as a credit to the Company)the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting(as a credit to the Government Entity) any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive number, and (B) shall be an amount payable to the Government Entity if it is a negative number. Construction Agreement, Attachment"B"to Schedule 74, Page 6 City of Kent, Hwy 99 North Phase #101006749 i (c) Within sixty(60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs (the "Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization. The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (i) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty (30) business days after the Company's receipt of the Government Itemization and requested documentation and information,the Company shall provide the Government Entity a written statement (the "Company Statement") showing (i) an itemization of the Shared Company Costs, (ii)the Parties' relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary Service Costs, (vi) any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii)the Net Amount, as determined in accordance with Section 7(b), above,together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum; break down the Shared Company Costs by the following categories, as applicable: (I) design and engineering costs, and (ii) construction costs, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Company. (e) Within thirty(30) business days after the Government Entity's receipt of the Company Statement and requested documentation and information,the Net Amount shall be paid by the owing Party to the other Party, as specified in the Company Statement. 8. Indemnification. (a) The Government Entity releases and shall defend, indemnify and hold the Company harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys'fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. During the performance of such activities the Government Entity's employees or contractors shall at all times remain employees or contractors, respectively, of the Government Entity. (b) The Company releases and shall defend, indemnify and hold the Government Entity harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Company in its performance under this Agreement. During the performance of such activities the Company's employees or contractors shall at all times remain employees or contractors, respectively, of the Company. (c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 8 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Construction Agreement, Attachment"B"to Schedule 74, Page 7 City of Kent, Hwy 99 North Phase #101006749 { 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work,the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35.96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons' and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must(i) provide a service trench and conduit, in accordance with the Company's specifications,from the underground meter base to the point of service provided during the conversion, and (it) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty(20) business days (or such other period as the Parties may agree upon), each Parry may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys'fees); provided,that, in any arbitration,the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys'fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. Construction Agreement, Attachment'Vto Schedule 74, Page 8 City of Kent, Hwy 99 North Phase #101006749 11. Uncontrollable Forces. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a"Force Majeure Event"),then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation,war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 12. Insurance. (a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the duration of the Conversion Project (or, if sooner, until termination of this Agreement) comprehensive general liability insurances, with a minimum coverage of$2,000,000 per occurrence and $2,000,000 aggregate for personal injury; and$2,000,000 per occurrence/ aggregate for property damages, and professional liability insurance in the amount of$2,000,000. (b) The Government Entity shall ensure that each of its contractors performing any Government Work secures and maintains in force throughout the duration of the Conversion Project(or, if sooner, until termination of this Agreement) insurance policies having the same coverage, amounts and limits as specified Section 12(a), above. (c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self- insure against such risks in such amounts as are consistent with good utility practice. Upon the Government Entity's request,the Company shall provide the Government Entity with reasonable written evidence that the Company is maintaining such self-insurance. 13. Other. (a) Agreement Subject To Tariff. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. (b) Termination. The Government Entity reserves the right to terminate the Conversion Project and this Agreement upon written notice to the Company. In the event that the Government Entity terminates the Conversion Project and this Agreement,the Government Entity shall reimburse the Company for all costs reasonably incurred by the Company in connection with the Work performed prior to the effective date of termination. In such event, the costs reimbursable to the Company(i) shall not be reduced by any Shared Government Costs or other costs incurred by the Government Entity, and (ii) shall be paid within thirty(30) days after the receipt of the Company's invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the Conversion Project and/or this Agreement. (c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights or obligations of the Company under any previous agreements pertaining to the existing or future facilities of greater than 15,000 Volts within the Conversion Area. Construction Agreement,Attachment"B"to Schedule 74, Page 9 City of Kent, Hwy 99 North Phase #101006749 (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (e) No Discrimination. The Company, with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor, The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance j Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies. No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided for herein. The express waiver by either Party of any right or remedy under this Agreement or at law or equity in a particular instance or circumstance shall not constitute a waiver thereof in any other instance or circumstance. (h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing contained in this Agreement is intended to confer any right or interest on anyone other than the Parties, their respective successors, assigns and legal representatives. (i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other requirements, now or hereafter in effect, of all governmental regulatory authorities and courts having jurisdiction over this Agreement,the Parties or either of them. All laws, ordinances,rules, regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory authorities and courts that are required to be incorporated into agreements of this character are by this reference incorporated in this Agreement. Q) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Parry. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of,to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. Construction Agreement, Attachment'V'to Schedule 74, Page 10 City of Kent, Hwy 99 North Phase #101006749 (1) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage,to the intended recipient as follows: If to the Government Entity: City of Kent 220 Fourth Ave. S. Kent,WA 98032-5895 _ Attn: Mark Howlett Fax: 253-856-6500 If to the Company: Puget Sound Energy, Inc. 6905 S. 228`h Street,_SKC-SVC Kent WA 98032 Attn: Linda Streissguth Fax: 253-395-6882 Any Party may change its address specified in this Section 13(I) by giving the other Party notice of such change in accordance with this Section 13(I). (m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. (n) Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral,with respect to the subject matter of this Agreement are hereby superseded in their entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein is intended to or shall alter, amend or supersede the Design Agreement and the same shall remain in full force and effect in accordance with its terms. (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: Company: PUGET SOUND ENERGY, INC. BY BY ITS ITS Municipal Liaison Manager Date Signed Date Signed Approved as to form: Construction Agreement, Attachment°B°to Schedule 74, Page 11 City of Kent, Hwy 99 North Phase #101006749 �I PUGET SOUND ENERGY Exhibit A: Project Plan City of Kent: SR-99 North phase, Kent-Des Moines Hwy to 252nd Underground Conversion Project Number 101.006749 9/15/2004 This Project Plan describes work to be performed by Puget Sound Energy and/or its contractor ("PSE") and the City of Kent and/or its contractor("City") for the conversion of certain PSE electrical distribution system facilities as described herein(the "Conversion Project"). In addition to this document,this Project Plan includes and consists of: Attachment A-Relevant drawings and specifications for the Conversion Project work Attachment B - Relevant PSE Standards for installation of PSE facilities Attachment C - Project Cost Estimate document(s) Attachment D—Operating Rights being acquired by City Attachment E—List of existing overhead services to be converted. Revisions to this Project Plan must be mutuallyaapproved by the City and PSE. Conversion Project Scone Pursuant to PSE's Schedule 74,PSE will convert its existing overhead distribution system of 15,000 volts and less to an Underground Distribution System within the following area(the "Conversion Area"): Along SR-99 (Pacific Highway South) from South 252"d to the Kent-Des Moines Highway including the first span of existing overhead laterals. Total trench length is approximately 10,800 lineal feet. The Conversion Project includes modification or replacement of all existing service lines within the Conversion Area to connect to the Underground Distribution System and removal of PSE's existing overhead distribution facilities from the Conversion Area. Refer to project drawings for PSE Work Order 101006749. In conjunction with the Conversion Project, PSE will remove its existing street lighting system within the Conversion Area and relocate the existing transmission poles to the back of the proposed sidewalk. There are no Company Initiated Upgrades, Government Requested Upgrades or Temporary Service elements included in this Project Scope. However, there are a number of existing overhead laterals. Included in the project design per PSE policyJs to convert the lines to underground up to the first pole. Because these existing lines are not within the Public Thoroughfare, the cost of this portion of the project will be billed to the City at 100%. (Please refer to letter dated 4/28/04) Locations are at station 111+50 Rt, 107+20 Rt, 130+00 Rt, 127+60 Rt, 126+75 Rt, 123+45 Rt, 133+50 Lt, 133+40 Rt, 153+45 Lt and 163+50 Lt. City of Kent Page I SR-99 North phase Underground Conversion 101006749 Operating Rights The existing overhead distribution facilities are located with the Public Thoroughfare unless otherwise indicated in this Project Plan. The Underground Distribution System will be located within Public Thoroughfare, except for those locations agreed to in a letter to the City dated 6/4/04 with two revisions covered in a letter to the City dated 7/15/04 (Attachment D). Sufficient Space is not available within existing Public Thoroughfare at these locations. Unless otherwise mutually agreed, operating rights to provide Sufficient Space will need to be acquired pursuant to Schedule 74 Section 3 prior to the start of Conversion Project construction. City Responsibilities Notice to Customers: The City will provide appropriate written notice to customers within the Conversion Area prior to the start of Conversion Project construction work, including City and PSE contact information, Conversion Project Schedule,notice that service interruptions may be required and work required to be performed by customers. Trenching,Restoration&Job Coordination: The City, or it's Contractor, will perform all excavation and trenching, shoring(if required),bedding,backfill, site restoration and project coordination required for the installation of the Underground Distribution System. j Surveying: The City will perform all surveying for alignment and grades of vaults and ducts for the installation of the Underground Distribution System. l Installation of Ducts &Vaults: The City, or it's Contractor, will perform the installation of ducts and vaults for the Underground Distribution System using materials provided by PSE subject to inspection and acceptance of this work by PSE. A complete installation includes grouting the vault entrances, proofing the duct, installation of mule tape and end plugs on all spare conduits. Notice for Materials Delivery: The City will provide PSE ten(10) working days notice prior to the start of ducts and vaults installation by the City to allow for delivery of PSE's materials, scheduling of vault deliveries and scheduling of PSE's construction inspector. Staging and Storage: The City, or it's Contractor, will provide secure staging and storage area(s) for ducts and vaults materials provided by PSE and will be responsible for the security and condition of these materials until they are installed and accepted by PSE or returned to PSE. i Traffic Control: The City will provide flagging and traffic control as required for all work performed by the City. Notice to Convert or Modify Service Lines: Unless otherwise specified in this Project Plan, at the completion of the Conversion Project all customers within the Conversion Area must be served by underground services lines. The City will provide written notice, in accordance with RCW 35.96.03, to customers within the Conversion Area that they must replace existing overhead service lines with underground service lines or modify/reroute existing underground service lines as required to connect to the Underground Distribution System. Service lines to be replaced or modified are listed in this Project Plan. Coordination of Other Utilities: The City will coordinate the removal and relocation of other utilities attached to PSE's poles within the Conversion Area and will coordinate any joint use by other utilities of any excavations and/or trenches used for the Conversion Project. City of Kent Page 2 SR-99 North phase Underground Conversion 101006749 PSE Responsibilities Ducts &Vaults Materials: PSE, or it's Contractor/vendor,will provide and deliver on site all materials for installation of ducts and vaults by the City. Inspection and Acceptance of Ducts &Vaults: PSE will provide inspection services to oversee proper installation of ducts and vaults by the City. PSE will accept the completed ducts and vaults system once the new system has been proofed by the City or it's Contractor. "Proofing"is defined as successful confirmation by use of a mandrel that the duct system is free and clear of debris and damage,installed to the proper grade and locations and containing a pulling mule tape. Mandrel will be loaned by PSE to the City or it's Contractor. Installation and Removal of Electrical Facilities: Following acceptance of the ducts and vaults system installed by the City, PSE will install all electrical facilities for the Underground Distribution System and will remove the existing overhead facilities (including overhead services lines) within the Conversion Area after the Underground Distribution System is placed in service, all customer service lines are connected thereto and all other utilities have been removed from PSE's poles. PSE will fill holes left after pole remove with compacted crushed rock. Traffic Control: PSE will provide flagging and traffic control as required for all work performed by PSE. Underground Service Lines: Unless otherwise specified in this Project Plan, at the completion of the Conversion Project all customers within the Conversion Area must be served by underground services lines. PSE will install underground service lines for single-family residential customers (in trenches and conduits provided by the customer) and will connect all underground service lines to the Underground Distribution System, all in accordance with PSE Schedule 85. PSE will provide information and assistance to customers and the City to facilitate work to be performed by customers associated with underground service lines. PSE will disconnect and reconnect service to customers during regular business hours and will schedule service line work with customers at least two business days in advance. Service lines to be replaced or modified are listed in this Project Plan. Service Interruptions: Temporary interruptions of electrical service to customers will be required during construction of the Conversion Project and transfer of customers to the Underground Distribution System. PSE will use reasonable efforts to provide at least two working days advance notice of service interruptions to customers. Construction Meetings: PSE, or it's Contractor will attend weekly meetings during the installation of PSE equipment. Construction Work Schedule The Conversion Project Work will be performed in accordance with the following Work Schedule,unless this Schedule is revised by mutual consent and agreement of the City and PSE or circumstances beyond the control of PSE and the City preclude such performance. Installation of ducts and vaults: The City will advertise for bids in January 2005 and anticipates starting installation of the vault and duct in March 2005.The City expects to install an City of Kent Page 3 SR-99 North phase Underground Conversion 101006749 i I average minimum of 75 trench feet per day including vaults. It is estimated that installation on the duct and vault system will be completed in August 2005. Installation of equipment, connection of customer service lines and removal of the existing overhead facilities: Installation of the electrical system by PSE will start immediately after the duct and vault system is complete and accepted by PSE. Work will progress in a single uninterrupted effort until the entire system is energized. PSE or it's Contractor,will convert overhead customer services to underground within the 90 day period after the system is energized. Once all services have been converted and all other utilities have removed their facilities, PSE, or it's Contractor will remove the poles within 25 business days. Proiect Cost Estimate & Allocation Actual project costs will be allocated pursuant to the Conversion Project Design Agreement and Construction Agreement and PSE's rate Schedule 74. Assumptions The Project Design Work(construction plans and specifications), Construction Schedule and Construction Costs Estimate are based on and reflect the following assumptions. Construction conditions that are not consistent with these assumptions may result in a request for change to the Construction Schedule and/or Construction Costs Estimate pursuant to Section 6 of the Construction Agreement. Schedule 1. PSE will be provided continuous access to the construction site and associated electrical work during all working days. A working day for the delivery and installation of vaults and ducts is defined as an 8 hour day Monday through Friday between the hours of 7:00 am and 6:00 pm, excluding holidays. A working day for a PSE line crew is defined as up to a 10 hour day Monday through Friday between the hours of 7:00 am and 6:00 pm, excluding holidays. 2. Should lane closures become necessary, the lane closure is limited to the hours between 8:00 am and 5:00 pm Monday through Friday. 3. Once PSE's construction crews are mobilized, the conversion will be constructed in one continuous nonstop effort, end to end,until the project is completed. 4. Cut-over and transfers of existing customers will be performed during regular business hours. Overtime charges may be assessed for work, including inspection, performed outside of the regular business hours referenced in assumption 1. 5. PSE's contractor and the City's contractor will mutually agree upon a schedule for excavation for and delivery of all vaults. Scheduling for delivery of vaults from the manufacture will require a minimum of two days notice. 6. Customer work to install or modify service lines and work necessary by other utilities will be performed and competed so as not to interfere with or delay the performance of PSE's work. City of Kent Page 4 SR-99 North phase Underground Conversion 101006749 PSE Design Plans 7. The Conversion Project will be performed as shown in PSE's project drawings and PSE's design and construction standards which accompany this Project Plan. 8. Locations for facilities as shown on PSE's project drawings are available for use. 9. This Project Plan does not include installation and removal of"temporary" facilities at the request of others during construction. i Cost Estimate 10. The estimated costs presented in the Construction Costs Estimate Summary are based on the installation of facilities at locations shown in PSE's project drawings and otherwise in accordance with this Project Plan. 11. The estimated costs presented in the Construction Costs Estimate Summary are based on the performance of work by PSE in accordance with the Construction Work Schedule included in this Project Plan during the working period addressed in assumptions 1 and 2 above. No overtime work is included in this Project Plan. 12, The estimated costs presented in the Construction Costs Estimate Summary provide for performance of duct &vault installation by the City and PSE inspection of this work. 13. Due to contractual labor rate changes, the Construction Costs Estimate Summary is based on the new underground system being fully installed and energized by February 28th, 2006 and the removal of the overhead system completed by July 31,2006. PSE Facilities Design Standards The following PSE Design Standards are included in this Project Plan and may be applicable to this Conversion Project: 6315.0008 Guard Posts for Padmount Transformers 6325.3200 Underground Services 6775.0035 Vault, Handhole and Padmounted Equipment Location 6775.0040 Vault and Handhole Installation 6790.0110 Customer Supplied Trench for Commercial/Multifamily Developments 6790.3050 Using Fluidized Thermal Backfill 6800.4050 Depth of Burial Requirements for Underground Cable 6800.6000 PVC Conduit Installation 6825.6505 Installation of Electronic Markers Services Lines Underground Service Lines: Unless otherwise specified in this Project Plan, at the completion of the Conversion Project all customers within the Conversion Area must be served by underground services lines. Customers must make their premises ready for service by underground service lines and must make application to PSE for replacement,modification and City of Kent Page 5 SR-99 North phase Underground Conversion 101006749 connection of service lines. Non-residential customers must provide suitable customer installed, owned and maintained underground service lines in accordance with PSE Schedule 85. Residential customers (single family residences) must provide the trench,backfill and suitable conduit under obstructions (if any)to PSE's specifications, and PSE will install, own and maintain the service lines therein in accordance with PSE Schedule 85. Please see Attachment E for a list of existing overhead services to be converted. Acceotance of Project Plan The City and PSE mutually agree to and accept this Project Plan as of the date indicated: For the City: For PSE: By: By: Date: Date: i ill i I City of Kent Page 6 SR-99 North phase Underground Conversion 101006749 i I 'II ATTACHMENT A Relevant Drawings and Specifications For the Conversion Project Work 101006749 t x � U 4 S� "✓ �1 7 +a � o e — �€€� �RI I � � S t I ? ac c°zr h fg F S 4 F q "te - € a $ s e k f 3 s ai a d tl t _ 1 15 z4 t E €$ a Hxi a R. aH x_ e $ p pp,E@Mo 4a sx'a xHE g sfi qi iss eas € obi Et 3g § 'Fia ap t� p @ Usz F§ Y - 3 E s s • 6 L 3 e�gg e� za Y-a E $ a@ s' sSE eA s@3 8x si sN3 [ g. a. $ gEa a • �5eaf aEy,fiy E� $fa x€ss } ^"55s gfias€ e 3a@ z✓sP 'a�8 i %xa Se a4€ a ax .pag esf i9 Aps a $ s N C ¢ :s11g ¢ s Q FF `s6E w ex 9 ji- ag#f6 A '$;°sass„ a£ 5 "� sa4e ex �€s� ¢; 4 e eo a oss .o.H s: �. s"s$,s e`sS:aH ab oo&.¢ ca •fix=-•• =s o =>e.s i ,4wsi C' - i �3 gg v c kph e c` �tlilii€ri) :a as — m — - "� yAy P w YL' JI p i j / 4 RK III Iti 0 W co Is a9va olned3e) V „V,.-..tl 3NIl H�1tlW Jid 11Il I G 11 Its Y mG G� SyD i n ZL\ _ tl 3N11 T IRA 10 1 M Ili a s r mt I I>` �IP.r Fey§ k c a # s § a 5 �x I �IBR , $ a e _' ns cz 'a a� I I i4.ti 6 ggs G Spa �g Soil L z § g9 t iZA �— ur " I Ted sum �g Ii > I�r sx� z g . g x I i1'Sc `�` aka§ IF�f nI I�I � A! � 3 �`z" .r 8- � S i �. � e n F aS 4, a y £ �I �I'b "u c fz€ -3l o g II i�j I- aG e i fi�4 5t 9r€ a B y36 S SI m N g r J ICI I N INTO, ro g5 §�� RL •6 1C I d RINI ' ➢ 8 ����� �� � II � � �s gEg � xev i " 3�1 ° § >i p 7� � e � AVIV F ON Jli r~ I JI 1 j I WMA -go mg Y IS �Ir r1.3 Ji' l� 11�'F i I I41 I��lu�° 1 1 I1 �. k ' x3 IY£'ii J an E �. 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ATTACHMENT C Project Cost Estimate y U-•' 9 4-N-Yy'�§ A Nm6'N IDy �6 m � � n ;� rat«�r�Yd• a' usaz ,��, na 0 _ NEW a a a 2 m _ r u y W s M z NF -p, &V,#�C .51E O �ppp�M�kA @�'GpF�pQ�N��p fit. J SY00� �'J D`d'.WO�Y.r.o 60S'Q B:: i ATTACHMENT D Operating Rights Being Acquired by City i N x a 0 a` c L � I C ro `m a 0 c �I LO I LL l4 t c O of V c N ,N C x N S p W r 0 U A i y y '061 V O +N• N N N N•` I N N X L r N y C N n O 0.p C r ' N N y a` E o ° w E c d a w d N N W L m l6 N N O. y C 2 4) G tm a W W N y N c c l`0 �- t 0 p N V L p ¢ z J OC V U z coF- = wGC R J OG 2 OC 2 OC 2 D: J Z M M M M M r Cl) M M M M O Cl) cn M LL O LO @ @ @� d � i� M Nr n W N a n O N M N O N N N N + + + + + r + + + + + + + + + + 00 b O M O 01 N W MG a r r I N N C9 M co co 'e W r r r r r r r r r r r r r r 0= z d O O C M f0 O O O GOy O r O cm 10 O '5 E w x x x ` x S� x S� % x x x x W y Ul (V N N d' d' O N fV N N r O N e} N a) {{� r r r r r N r r r r r r r r Q W F- C O Z O M r O m N �y n Of er Of N 10 -Oj O n O W I0 r N N N Cl) M M M Cl) M LL O O} J N N N �+ co V W N N co O R N ONO0 O co 0 a 0 w O O N * co M co c0 D ? 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O E L V m � m y p Q J N Q �' N rn N FTC r NMtl' N fBN GoNcoN N N N N NI I NN i N X G LL �O a c N o� c m a 0 m m c IrIr a ii r c 0 N d O C N O C y O C v c 3 •L o C ~ C 0 'L CD Q 'La } LC d W Q Z a '}"n d z t ~ M W W J aw ¢ m co w � r z LLI a � X Q O o LU H W co R Y a a LL O } F- U d d fA fA Q 4; N d d CO N N o to m o N m N O l0 fD Cl) Cl) i ATTACHMENT E List of Overhead Services to be Converted i i �I I I I N N N N N N N N N N N N N N N N N N N N N N N N N N W N N N N m M M M M of a M M M M M M M M M m m m M m M M M M M M M m m M M M m M m m M O1 W O) m m O) O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 o a N m rn rn rn rn rn rn m rn rn rn rn rn rn rn rn rn rn rn rn rn w rn N rn rn rn rn rn rn rn rn rn rn rn rn rn '',. 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