Loading...
HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/17/2014 1 Public Works Committee Agenda 40 A. Councilmembers: Brenda Fincher • Dana Ralph • Dennis Higgins, Chair �� KENT WASHINGTON November 17, 2014 4:00 p.m. Item Description Action Speaker Time Pace 1. Approval of Minutes for November 03, 2014 YES None 03 03 2. Information Only/Adopt a Street Program- NO Gina Hungerford 05 07 Update 3. 2015 Water Treatment Chemical Supply YES Kevin Swinford 05 09 Contract with ICI Jones Chemical, Inc. 4. 2015 Water Treatment Chemical Supply YES Kevin Swinford 05 31 Contract with Cascade Columbia Distribution 5. Information Only/Briscoe-Desimone Levee NO Mark Howlett 10 47 ILA 6. Puget Sound Energy (PSE) Construction YES Toby Hallock 05 59 Agreement for James/Russell Road Levee Improvements 7. Information Only/Grant Updates NO Mark Howlett/ 15 99 Mike Mactutis 8. 2015 Business & Occupation Project List YES Bill Thomas/ 10 103 Kelly Peterson/Steve Mullen/ Chad Bieren/Tim LaPorte 9. Information Only/Capital Construction NO Eric Connor 10 105 Recap 10. Information Only/Winter-Snow Prep NO Bill Thomas 10 107 11. Information Only/Vehicle Class Restrictions NO Kelly Peterson 10 109 Unless otherwise noted, the Public Works Committee meets at 4:00 p.m. on the 1"& 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. Public Works Committee Minutes 3 November .3, 2014 COMMITTEE MEMBERS PRESENT: Committee Chair, Dennis Higgins, and Committee members Dana Ralph and Brenda Fincher were present. The meeting was called to order at 4:02 p.m. Item 1 — Approval of Meeting Minutes Dated October 20, 2014: Committee member Fincher MOVED to approve the minutes of October 20, 2014. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 2 — PSE Design Agreement for Russell Rd Upper South Reach Levee: Environmental Engineer, Toby Hallock noted that the project formerly known as SR516 2361h Way, or as Lakes Levee, would take place on the right bank of the Green River. The focus of the project is to construct the remaining portion of the South Reach Levee north of James Street along the Lakes Community. A secondary levee will be constructed landward of the existing levee on the Green River in order to meet FEMA's levee accreditation requirements. In order to complete the project, 6 existing overhead Puget Sound Energy (PSE) lines will need to be relocated underground and away from the levee. Century Link also has lines that will be re- routed. The first step in that process is to sign a Schedule 74 Design Agreement with PSE. A Design Agreement will allow PSE to prepare plans to underground its utilities. The estimated cost of the design of this project is $20,000. The second step of the process will be actual construction. The design costs will be paid upfront by PSE and will roll into the construction agreement Committee member Ralph MOVED to recommend Council authorize the Mayor to sign the Puget Sound Energy Schedule 74 Design Agreement for the Russell Road Upper Levee — South Reach, as approved by the City Attorney and Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 3 — Amendment to the Interlocal Agreement — Briscoe/Desi mone Levee: Engineering Manager, Mark Howlett noted that In June 2013 the City of Kent entered into an Interlocal Agreement with the King County Flood Control District for the design, property acquisition and construction of the Briscoe/Desimone Levee. Currently, reaches 2 and 3 are under construction and reaches 1 and 4 are in the final design phase. During the winter of 2013-14 damage to the Desimone Levee section (Reach 1) was observed. As a result of this damage, the City expedited preliminary design of this levee segment and purchased the steel sheet piles that will be installed later this year. The U.S. Army Corps of Engineers also observed this damage and has allocated funding for repair of this levee under their emergency repair program (PL 84-99). As a result of modifications to the levee section proposed by the King County Flood Control District and the U.S. Army Corps of Engineers, it is necessary to modify the previously executed Interlocal Agreement to include the purchase of additional property rights and design/construction changes to accommodate Corps of Engineers riverbank repairs. 1 Public Works Committee Minutes 4 November .3, 2014 There is significant impact on some of the properties affected by the modifications and Engineering is working with the property owner to mitigate that. One property owner will lose forty-three parking spaces and Public Works will be re-stripping to accommodate for the loss; please refer to section 2 on page 20 for the amended language. Committee member Ralph questioned the removal of the dollar cap from the agreement. City Engineer Chad Bieren explained that the cap stays in the agreement and that language has been added to allow going back to the Flood Control District with additional property owner costs. Public Works Director Tim LaPorte noted that another agreement will follow this one to account for any additional costs. Committee member Ralph questioned if a loophole exists in the agreement that would leave the City responsible for additional costs. City attorney David Galazin commented that the language does satisfy the coverage of any loopholes but will confirm that with the District before the motion goes to full council on the 171h of November. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign an amendment to the King County Flood Control District Agreement for the Briscoe Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director as amended by the Committee. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 4 — Interlocal Agreement/Boeing Ecosystem Restoration Proiect: Environmental Engineering Supervisor, Alex Murillo noted that on June 8, 2012, the City entered into a Design Agreement with the US Army Corps of Engineers (Corps) for the Boeing Levee Ecosystem Restoration Project (ERP). This agreement was to design an ecosystem project between S 2001h Street and S 2121h Street on the right bank of the Green River (looking downstream) near Three Friends Fishing Hole Park. This project restores habitat, reduces flood risk, and provides recreational value. On June 14, 2014, the Public Works Committee recommended Council authorize the Mayor to sign a Project Partnership Agreement with the Corps that was subject to execution of an Interlocal Agreement with the King County Flood Control District. The Interlocal Agreement (ILA) will allow the City to move ahead with the Project Partnership Agreement and then with construction using budgeted funds from the District. The ILA explains the responsibilities of both the District and the City for the Boeing Levee ERP. The City has signed similar ILAs with the District for levee projects such as Briscoe/Desimone, Russell Road Upper and Hawley Road. The goals of this project are to shade the river, replace foliage with native plants and to provide views and use for recreational purposes. Part of this involves raising the existing trail by 3 1/2 feet in order to protect it. The agreement allows Kent to use the Flood District funds and this portion is our cost share. Language that needs to be reviewed are as follows; Page 52, section E, Further conversation with the District needed to refine this language. Additionally page 55, section 12, Warranty period, currently working on terms, this is near the final draft. 2 Public Works Committee Minutes 5 November .3, 2014 Public Works Director, Tim LaPorte noted that the City does not feel it's appropriate to warranty work done by the Federal Government and we have removed the language that would hold the City responsible for that work. Committee Member Ralph questioned if the language allows for Kent to build the project as it needs to be done for the trail user/recreation piece. Jeff Watling, Parks Director, commented that the City is currently negotiating with King County for an easement in the agreement that would allow for Parks to come in and trim vegetation for public safety and to ensure that the Flood District does not have rights to overplant vegetation, ensuring the recreational use the land was intended for. Committee Member Ralph noted that it was important for the Flood District to be aware this property was deeded to the City as a recreational property and the priority is to keep recreational access in order to honor the agreement in place. Committee member Ralph further noted that the City will not move forward without the warranty language correction and without easement access. Committee member Ralph MOVED recommend Council authorize the Mayor to sign the Interlocal Agreement with the King County Flood Control District for the Boeing Levee Ecosystem Restoration Project subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was SECONDED by Committee member Fincher and PASSED 3-0. Item 5 —Information Only/Recent Surrounding Water: Water Superintendent, Sean Bauer, in light of recent drinking water advisories other water purveyors are experiencing, noted ways in which Kent is monitoring the water. Kent is a Group A water system, these systems are required to notify customers within 24hours on a Tier 1 violation. There are three Tier levels that can be received from the Department of Health (DOH), Tier 1 is an acute health concern, Tier 2 is for chronic health concerns with 30 days to notify, and Tier 3 is a violation due to not taking a sample or submitting a report. A system of Kent's size requires notification through the news or television in order to reach everyone, versus a smaller system which would go door to door. Some current measures in place are certified DOH trained staff, active cross connections in place and water that is monitored and tested daily. In addition the City has well head protection, maintaining a sanitized control area and restricted access to the site. Superintendent Bauer noted that the City of Kent collects 18 samples per week, 72 a month and 864 samples a year. All samples are collected from dedicated water sample stations, secured and in a controlled environment. Information Only/No Motion Required Item 6 — Information Only/Recap — Water Rate Structure: Finance Manager, Paul Scott and Public Works Director, Tim LaPorte requested to brief the Committee members individually on how the water rate structure could be re-examined and structured to make it more current and closer to the neighboring jurisdictions processes. Director LaPorte noted that restructuring the rates is necessary and offered one on one meetings or a special meeting of the committee. Committee member Higgins requested the meetings be completed in the month of November. An audience member questioned if the new structure would be more customer friendly, Director LaPorte noted that the new structure would be based more on consumption and therefor more customer friendly. Information Only/No Motion Required 3 Public Works Committee Minutes 6 November .3, 2014 Item 7 —Information Only/Update on Mill Creek Restoration Proiect: Environmental Scientist, Matt Knox noted that there has been no cleaning of the stream system in the last twenty years, causing build up and flooding issues. The main issue is the sediment coming down from the East Hill and into the valley. Identifying where the sediment is coming from and reducing that is important in stopping a reoccurrence. A meeting with Drainage District No 1 is needed to seek an interlocal agreement with them to keep the conveyance of the water through the valley. This would cover the area from Earthworks park to 2121h with possibly adding the area between 2121h to 2041h An average of two to three feet of sediment needs to be cleared out of the reach, highest level of sediment reaches to over five feet. The next steps would be to have consultant agreements approved, there is a need for archeological surveys to satisfy the CORE permit. Next would be to identify where the sediment is coming from and stop it; finally, to reach a sixty percent design and submit for permits. City Engineer, Chad Bieren commented that the Drainage District has rights along Mill Creek making an agreement advantageous to them as well. Much of the East Hill drains down to Mill Creek; the agreement will help attach sections of the creek one at a time. Director LaPorte noted that this will be a multi-year project due to permitting requirements and will be back before the Committee several times on this subject; there may be some grant opportunities in the future. Committee member Higgins noted he would like to see this fixed and a plan in place to maintain it for the future. Committee member Ralph questioned what the possible fixes are and how do we prevent future problems. Director LaPorte responded that parks such as Earthworks park and dam's such as those at upper Mill Creek at 1041h work well and more are needed. In addition a more collaborative effort by all parties is needed. Committee member Fincher questioned how the sediment source will be identified. Mr. Knox responded that most sources have been identified but otherwise searching for the source will be following it from the channel backwards. Information Only/No Motion Required The meeting was adjourned at 5:04 p.m. Kara Moore Council Committee Recorder 4 7 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Gina Hungerford, Conservation Coordinator Through: Kelly Peterson, AICP, Special Projects Manager Chad Bieren P.E., City Engineer Subject: Information Only/ Adopt-a-Street Program Update Item - 2 Information Only/No Motion Required Summary: The Adopt-a-Street program continues to grow and make Kent shine. We are now up to an amazing 26 groups! To date volunteers have given literally hundreds of hours of their time and energy to show their dedication to this community, and to make life better! Not only are they reducing litter, they are setting the example for our children in what it means to take pride in your home town. Exhibit: N/A Budget Impact: None 8 This page intentionally left blank. 9 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Kevin Swinford, Water Facility Supervisor Through: Dave Brock, P.E., Interim Operations Manager Subject: 2015 Water Treatment Chemical Contract with ICI Jones Chemical Inc. Item - 3 Motion: Recommend Council authorize the Mayor to sign the 2015 Water Treatment Chemical Supply Agreement with JCI Jones Chemicals Inc. for gas chlorine and sodium hydroxide in an amount not to exceed $93,981.20, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for annual budget planning. The use of these chemicals is required to produce water that meets state and federal water quality regulations. JCI Jones Chemicals provided the lowest bid for chlorine and sodium hydroxide. Chlorine is used to disinfect the water supply and protect it from contamination, and sodium hydroxide is used as a pH adjustment for corrosion control. Exhibits: Goods & Services Agreement with JCI Jones Chemical Inc. Budget Impact: There is no Unbudgeted Fiscal Impact. Funding is from the Water Utility operating budget. 10 This page intentionally left blank. KENT GOODS & SERVICES AGREEMENT between the City of Kent and JCI Jones Chemicals, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and ICI Jones Chemicals, Inc. organized under the laws of the State of Washington, located and doing business at 1919 Marine View Dr., Tacoma, WA 98422, Phone: (253) 274-0104/Fax: (253) 572-2352, Contact: Michelle Trammell (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with water treatment chemicals (bid items 1, 2, 3, 4, 5, 10, 11, and 13) according to the bid proposal submitted October 21, 2014, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2015. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Ninety Three Thousand, Nine Hundred Eighty One Dollars and twenty cents ($93,981.20), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) 12 Compensation of up to $93,981.20 is based on an estimate annual need. Actual need may vary as follows: Item 1: zero to 6 tons Item 2: zero to 5 tons Item 3: zero to 1,500 lbs. Item 4: zero to 600 lbs. Item 5: zero to 300 lbs. Item 10: zero to 96,000 gals. Item 11: zero to 12,000 gals. Item 13: zero to 8,000 gals. Therefore, actual compensation will be between $0 and $93,981.20 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) 13 C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 14 rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 15 IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 16 XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 17 G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Michelle Trammell Timothy I. LaPorte, P.E. ICI Jones Chemicals, Inc. City of Kent 1919 Marine View Dr. 220 Fourth Avenue South Tacoma, WA 98422 Kent, WA 98032 (253) 274-0104 (telephone) (253) 856-5500 (telephone) (253) 572-2352 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ]CI-2014 Water Chem i cal s/Sminfocd GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) 18 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 19 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 20 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 21 WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: Bidder's Name: ETC, `�.Jort.:, r/tl , t Item Estimated Description Bid Unit Total Annual Unit Prices Usage 1 6 Chlorine Gas in One-Ton Containers 1 $(Obl2l�l� $ t0t7d•(�tJ TONS* FOB Clark Springs TON CONT. i Total $ 31 (.000.0o I *Estimated annual need is 6 tons. Actual need may vary. i I i I j Company Submitting Proposal Imruh Authorized Signature Note: Contractor must submit a firm proposal for the contract term(s). 22 WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1,6) for the following fees: Bidder's Name: J� JbYVS (` � �c �s�� c• Item Estimated Description Bid Unit Total Annual Unit Prices Usage k ,,ma�yy 2 S Chlorine Gas in One-Ton Containers 1 $000-M $ J��' cmct J TONS* FOB Kent Springs TON CONT. Total $ 3� OJ *Estimated annual need is 5 tons. Actual need may vary. i i j I i i i I i i I ,J�C-1, VL �C1�s, 1'1C . Company Submitting Proposal I Authorized Signature Note: Contractor must submit a firm proposal for the contract termils). i 23 WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: y�1n n o tvt �v . i Bidder's Name: JUL . V1 tts �C� i G I � Ic, Item Estimated Description Bid Unit Total Annual Unit Prices Usage 3 1,500 Chlorine Gas in ISO Lb. Containers ISO $2,00 pO $Z,WO O LBS* FOB East Hill Well LB CYL. Total $ -)000 00 I *Estimated annual need is 1,500 lbs. Actual need may vary. i ! I i l I )ivies Company Submitting Proposal Authorized Signature Note. Contractor must submit a firm proposal for the contract term(s). 24 WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSAL FORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1.6) for the following fees: �I Bidder's Name: Item Estimated Description Bid Unit Total Annual Unit Prices Usage 4 600 Chlorine Gas in 150 Lb, Containers 150 $2x po $ [� LBS* FOB Armstrong Springs Well #1 LB CYL v� Total $ goo-Do i *Estimated annual need is 600 lbs. Actual need may vary. i I � I I Company Submitting Proposal I ! 1rb � Authorized Signature Note; Contractor must submit a firm proposal for the contract term(s). 25 WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.1 & 1,6) for the following fees:. Bidder's Name: Item Estimated Description Bid Unit Total Annual Unit Prices Usage 5 300 Chlorine Gas in 150 Lb. Containers 150 $-2,,00,0Q$ -400,0Q LBS* FOB Seven Oaks Well LB CYL Total $ ' "0' 00 ` I *Estimated annual need is 300 Ibs, Actual need may vary. ................... i I Company Submitting Proposal Authorized Signature Note; Contractor must submit a firm proposal for the contract term(s). 26 i WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: � Bidder's Name: J J � kv Item Estimated Description Bid Unit Total Annual Unit Prices Usage 10 96,000 25% Sodium Hydroxide in $012 v $0 20 GALS* 4,000 Gal, Deliveries BULK GAL rtliVf FOB Pump Station #5 Total $ *Estimated annual need is 96,000 Gals. Actual need may vary. i i Company Submitting Proposal Authorized Signature I j Note.- Contractor must submit a firm proposal for the contract term(s). 27 WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: Bidder's Name: Item Estimated Description Bid Unit Total Annual Unit Prices Usage 11 12,000 25% Sodium Hydroxide in g,'7� � GALS* 4,000 Gal, Deliveries BULK GAL. (� FOB East Hill Well Total $ U1 1 tdO�� ld *Estimated annual need is 12,000 Gals. Actual need may vary. i I j I I j i I I OR es I64SQC-. Company Submitting Proposal j Authorized Signature Note; Contractor must submit a firm proposal for the contract term(s). 2s WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSAL FORM i The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.5 & 1.6) for the following fees: fI T ( �n� ' van Bidder's Name: �L--J" /t Y �/'qe't r 11 Is/ _Lt u� . Item Estimated Description Bid Unit Total Annual Unit Prices Usage 13 8,000 25% Sodium Hydroxide In �2J�7 GALS 4,000 Gal. Deliveries BULK GAL. ' 1 �ccJJ tl/ FOB Guiberson Corrosion Facility Total y,�� U I *Estimated annual need is 8,000 Gals. Actual need may vary. i i I i I , 1 - 29 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 30 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 31 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Kevin Swinford, Water Facility Supervisor Through: Dave Brock, P.E., Interim Operations Manager Subject: 2015 Water Treatment Chemical Contract with Cascade Columbia Distribution Item - 4 Motion: Recommend Council authorize the Mayor to sign the 2015 Water Treatment Chemical Supply Agreement with Cascade Columbia Distribution for Sodium Fluoride in an amount not to exceed $34,000.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City annually advertises for water treatment supply chemicals to ensure a consistent cost for annual budget planning. The use of these chemicals is required to produce water that meets state and federal water quality regulations. Sodium Fluoride is used to fluoridate the drinking water in an effort to help prevent dental cavities in young children. Exhibit: Goods & Services Agreement with Cascade Columbia Distribution Budget Impact: There is no Unbudgeted Fiscal Impact. Funding is from the Water Utility operating budget. 32 This page intentionally left blank. 33 KENT GOODS & SERVICES AGREEMENT between the City of Kent and Newco, Inc., d/b/a Cascade Columbia Distribution Co. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Newco, Inc. d/b/a Cascade Columbia Distribution Co. organized under the laws of the State of Washington, located and doing business at 6900 Fox Ave. S., Seattle, WA 98108, Phone: (206) 282-6334/Fax: (206) 282-6330, Contact: Lance Jones (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall supply the City of Kent Water Department with a water treatment chemical (bid item 6) according to the bid proposal submitted October 21, 2014, which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2015. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty Four Thousand Dollars ($34,000.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) 34 Compensation of up to $34,000.00 is based on an estimated annual need. Actual need may vary from zero to 40,000 lbs. for bid item 6. Therefore, actual compensation will be between $0 and $34,000.00 and be based on the exact quantity of chemicals ordered by the City. Vendor shall be paid after submittal of invoice. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) 35 E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 36 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 37 correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 38 XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 39 I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 3. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Lance Jones Timothy 3. LaPorte, P.E. Cascade Columbia Distribution Co. City of Kent 6900 Fox Ave. S. 220 Fourth Avenue South Seattle, WA 98108 Kent, WA 98032 (206) 282-6334 (telephone) (253) 856-5500 (telephone) (206) 282-6330 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department Cascade Columbia-2015 Water Chem lcals/Sminfocd GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) 40 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 41 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 42 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 43 EXHIBIT A 44 WATER TREATMENT CHEMICAL SUPPLY FOR 2015 PROPOSALFORM The undersigned hereby proposes to provide all equipment, labor, materials and supplies to perform the service as specified in this contract (see Special Provisions 1.2 & 1.6) for the following fees: Bidder's Name: Item Estimated Description Bid Unit Total Annual Unit Prices Usage 6 40,000 Sodium Fluoride in 50 Lb. Bags $ LBS* FOB Clark Springs LB Oc} Total $ 3H 0``'0 1!>) a6 , c *Estimated annual need is 40,000 lbs. Actual need may vary. I �^ n 4C ck cl e Cln Company Submitting Proposal -sue �t nze k ature ot�n ractor must submit a firm proposal for the contract term(s). 45 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 46 EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 47 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 Wnsu INGTON Address: 400 West Gowe Street Kent, WA 98032-5895 Date: November 13, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Mark Howlett, P.E., CFM, Design Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Briscoe/Desimone Levee — Amendment to Agreement for Levee Construction, Operation and Maintenance Briscoe — Desimone Levee River Mile 14.3 to 17.0, Right Bank Item - 5 No Motion Required/Information Only Summary: In June 2013 the City of Kent entered into an Interlocal Agreement with the King County Flood Control District for the design, property acquisition and construction of the Briscoe/Desimone Levee. During the winter of 2013-14 damage to the Desimone Levee section (Reach 1) was observed by City staff, flood district staff and the U.S. Army Corps of Engineers. The Corps has allocated funding for repair of this levee under their emergency repair program (PL 84-99). As a result of modifications to the levee section proposed by the King County Flood Control District and the U.S. Army Corps of Engineers, it is necessary to modify the previously executed Interlocal Agreement to include the purchase of additional property rights and design/construction changes to accommodate Corps of Engineers riverbank repairs. At the November 3, 2014 Public Works Committee meeting staff brought forward a proposed amendment to this agreement. Included in that proposed amendment was a provision that additional costs associated with the amendment would be reimbursed by the Flood Control District. Those additional costs are yet to be determined. On Monday November 10, 2014 the Board of Supervisors of the King County Flood Control District approved a version of the amendment that was silent on reimbursement of additional costs by the District. At this time the sheetpile wall supply contract has been executed and we are taking delivery of the steel sheets presently. The installation contract is set to advertise next week with bid opening scheduled for December 2nd. We are in negotiation with the 2 affected property owners and we are hopeful that we will have a settlement figure by early December. Following settlement with the property owner it is the intention of staff to recalculate total project costs and report back to both the King 48 County Flood Control District and the City Councilmembers with the budget disposition. The goal is to complete this wall installation at the earliest opportunity to minimize the potential for levee damage. Exhibits: 1) Kent version approved by PWC on November 3rd. 2) King County Flood Control District version approved by King County Board of Supervisors on November loth Budget Impact: Discussed above. 49 FIRST AMENDMENT TO AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe — Desimone Levee River Mile 14.3 to 17.0, Right Bank BETWEEN THE CITY OF KENT AND KING COUNTY FLOOD CONTROL ZONE DISTRICT THIS FIRST AMENDMENT is entered into on the date fully executed below by and between THE CITY OF KENT ("City") and KING COUNTY FLOOD CONTROL ZONE DISTRICT ("District"). This First Amendment amends that certain Agreement for Levee Construction Operation and Maintenance entered into between City and District on or about the June 6, 2013 (the "Agreement"). 1. Damage occurred to the Reach 1 levee during the 2013-2014 flood season. Emergency repairs are needed to restore the levee to federal safety standards. 2. The US Army Corps of Engineers (USACE) has authority under PL84-99, Flood Control and Coastal Emergencies (FCCE) for emergency management activities and indicated a repair project at Briscoe-Desimone Levee Reach 1 Project in 2015. 3. Based on USACE's preliminary profile for this repair project, the sheet pile wall at Reach 1 Project needs to be moved landward an additional 10 feet along parcel 7888900170 from the location specified in Resolution FCD2013-02.2 Section 4.C.5. Moving the sheet pile wall will accommodate the USACE's repair. NOW THEREFORE, City and District hereby agree and covenant as follows: 1. Section 4.a. of the Agreement shall be amended to read as follows: 4a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A, attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement, and District Resolution FCD2013- 50 02.2, as amended by District Resolution FCD2014-__ ("Resolution") (the two resolutions are attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement, the Parties acknowledge receipt and review of the DOE Agreement. 2. Section 5 of Attachment A to Exhibit B of the Agreement shall be amended to read as follows: 5. The City shall move the setback wall back from the landward toe of the existing levee in the northernmost setback segment near the West Valley Highway, consistent with the document attached to this Attachment A. 3. Exhibit B shall be replaced in its entirety with the documents attached to this First Amendment and incorporated by this reference as Exhibit 1. 4. The document referenced in Section 5 of Attachment A to Exhibit B of the Agreement is attached to this First Amendment and incorporated by this reference as Exhibit 2. 5. Except as amended by this First Amendment, all provisions of the Agreement shall remain in full force and effect except as specifically modified by this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment, which shall take effect on the last date signed below. 51 CITY: DISTRICT: CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Print Name: Print Name: Its: Its: Date: Date: STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 52 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Reagan Dunn is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chair of the Board of Supervisors of the King County Flood Control Zone District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires C:\Users\KCasteel\Desktop\Levee Agreement-Briscoe-Desimonelst Amendment_KC.doc 53 FIRST AMENDMENT TO AGREEMENT FOR LEVEE CONSTRUCTION, OPERATION AND MAINTENANCE Briscoe — Desimone Levee River Mile 14.3 to 17.0, Right Bank BETWEEN THE CITY OF KENT AND KING COUNTY FLOOD CONTROL ZONE DISTRICT THIS FIRST AMENDMENT is entered into on the date fully executed below by and between THE CITY OF KENT ("City") and KING COUNTY FLOOD CONTROL ZONE DISTRICT ("District"). This First Amendment amends that certain Agreement for Levee Construction Operation and Maintenance entered into between City and District on or about the June 6, 2013 (the "Agreement"). 1. Damage occurred to the Reach 1 levee during the 2013-2014 flood season. Emergency repairs are needed to restore the levee to federal safety standards. 2. The US Army Corps of Engineers (USACE) has authority under PL84-99, Flood Control and Coastal Emergencies (FCCE) for emergency management activities and indicated a repair project at Briscoe-Desimone Levee Reach 1 Project in 2015. 3. Based on USACE's preliminary profile for this repair project, the sheet pile wall at Reach 1 Project needs to be moved landward an additional 10 feet along parcel 7888900170 from the location specified in Resolution FCD2013-02.2 Section 4.C.5. Moving the sheet pile wall will accommodate the USACE's repair. 4. The required changes to move the sheet pile wall and accommodate the USACE's repair project will add additional costs to the Reach 1 Project cost and shall be funded by the District. NOW THEREFORE, City and District hereby agree and covenant as follows: 1. Section 4.a. of the Agreement shall be amended to read as follows: a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A, attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement, and District Resolution FCD2013-02.2 ("Resolution") the Resolution is attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 1 CONSTRUCTION, OPERATION AND MAINTENANCE 54 Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement, the Parties acknowledge receipt and review of the DOE Agreement. 2. Section 12.a. of the Agreement shall be amended with the following: a. The City will notify the District of any additional costs as a result of this design change after settlement with affected property owners. 3. Exhibit B shall be replaced in its entirety with the document attached to this First Amendment and incorporated by this reference as Exhibit 1. 4. Entire Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain in full force and effect except as specifically modified by this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment, which shall take effect on the last date signed below. CITY: DISTRICT: CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Print Name: Print Name: Its: Its: Date: Date: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. FI 2 C (Signature) NOTARY PUBLIC, in and for the State 55 FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 3 CONSTRUCTION, OPERATION AND MAINTENANCE 56 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires C:\Users\KCas I\De Ilop\Levee Agreement-Bris-.oe-Desimonel Amendment_KC.doc FIRST AMENDMENT TO AGREEMENT FOR LEVEE Page 4 CONSTRUCTION, OPERATION AND MAINTENANCE 57 EXHIBIT 2 Z FINAL ALIGNMENT TO BE DETERMINED s A 11 II \ \ \ III � 111 .• �0'le,\\\ 1 I \ 1 PROPOSED ' RIVER I 1 ( PROTECTION I i EASEMENT SHEET PILE / d / i S / FLOODWALL RIVERPOINTE CORPORATE CENTER 18200 CASCADE AVE.S 7888900170 CAS CADE N, AVE .... o Lu � CASCADE TUKWILA LLC 18251 CASCADE AVE.S I TAX LOT 7888900150 ' 1 MW � BRISCOE & DESIMONE LEVEE IMPROVEMENTS NT EXHIBIT CITY OF KE NT c e'r =50 SHEET ENGINEERING DEPARTMENT DAM 11_y_1y I OF I 58 This page intentionally left blank. 59 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 W Gowe St. Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Toby Hallock, P.E., Environmental Engineer Through: Chad Bieren, P.E., City Engineer Subject: Russell Road Upper Levee — James Street/Russell Road Realignment — Puget Sound Energy Construction Agreement Change Orders #1 and #2 Item - 6 Motion: Recommend Council authorize the Mayor to sign the Puget Sound Energy Project Change Orders for the James Street/Russell Road Realignment Project, as approved by the City Attorney and Public Works Director. Summary: The focus of the project is to construct a portion of the South Reach Levee adjacent to the James Street and Russell Road intersection. The intersection will be setback further away from the Green River and a concrete retaining wall will be constructed along the Public Works Operations facility to reduce impacts to the site. In order to perform the above described work, existing overhead Puget Sound Energy (PSE) lines will need to be relocated underground. A construction agreement with PSE was executed on August 25, 2014. When preparing the agreement, it was assumed that utility relocation would take place in two phases over 2014 and 2015, which would require a separate PSE agreement for the work completed in 2015. The contractor has proposed a schedule that will allow all utility work to be completed in 2014. There will be no additional cost to the City for this change. PSE has provided two cost revision estimates for the change orders. The first removes temporary work that is no longer required due to this change and the second includes the work that would have been added in a new construction agreement in 2015. Kent's cost share for PSE's work is estimated to be $101,135. Exhibit: N/A Budget Impact: There is no impact to the budget as funding will be reimbursed by the King County Flood Control District through an Interlocal Agreement on this project. 60 This page intentionally left blank. 61 KENT AMENDMENTS NO. #11 2 NAME OF CONSULTANT OR VENDOR: Puget Sound Energy CONTRACT NAME & PROJECT NUMBER: Schedule 74 Underground Conversion Proiect Construction Agreement: James St & Russell Rd Levee Improvements ORIGINAL AGREEMENT DATE: August 25, 2014 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Exhibit "A" of the Agreement, entitled "Project Plan," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Remove all temporary work from the original contract as described in Revision #1 and include work that was planned to occur in 2015 (described as Phase Two) that had not been included in the original contract as Revision #2. 2. The contract amount and time for performance provisions of the "Project Plan" under Construction Work Schedule and Construction Cost Estimate are modified as follows: Original Contract Sum, $47,800 (City's cost share) including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $47,800 (City's cost share) including all previous amendments Current Amendment Sum $53,335 (City's cost share) Applicable WSST Tax on this $0 Amendment Revised Contract Sum $101,135 (City's cost share) AMENDMENT - 1 OF 2 62 Original Time for Completion 12/31/14 (insert date) Revised Time for Completion under NA prior Amendments (insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/15 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Its Its (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AMENDMENT - 2 OF 2 www.pse.cmn 63 ''...,.. PUGET SOUND ENE kGY Puget Sound Energy, Mr.. 6905 South 228th Street Kent, I^1A 98032 August 14,2014 Mr.Toby Hcnllock City of Kent 220 Fourth Ave. South Kent,WA 98032-5895 Re: City of Kent—James St&Russell Rd Levee Improvements Schedule 74 Construction Agreement PSE Work Order#101088577 j Dear Mr.Holloek: i Enclosed please find for your review two copies of the Project Construction Agreement and Exhibit A:Project Plan for the above referenced project. A fully executed Project Construction Agreement and Project Plan between the City of Kent(City)and Puget Sound Energy(PSE)are required by PSE's Rate Schedule 74 prior to PSE commencing construction activity. Please arrange to have the following reviewed/completed in the agreement: ® Provide a signature by the appropriate person at the City on the Construction Agreements a Approve as to form by the City's legal council on the Construction Agreements ® Provide a signature by the appropriate person at the City on the Project Plans Once you have the above three items completed please contact me and I will arrange to sign on behalf of PSE and complete the date section at the top of the Construction Agreements. i Please feel free to contact me at 253-395-6867 if you have any questions. Sin erely, Douglas L. orbin Municipal Liaison Manager Enclosures: Schedule 74 Project Construction Agreement Project Plan Construction Cost Statement Sunrnary Cc: Tom Quann-Potelco 64 SCHEDULE 74 UNDERGROUND CONVERSION Project Construction Agreement Project Name: City of Kent—James St& Russell Rd Levee Improvements. Project Number: 101088577 THIS Agreement, dated as of this- day of A-rc-,0 s F' 20L�t, is made by and between the 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 August 24, 2012 (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 i 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—James St& Russell Rd Levee Improvements 65 I of such diameter and number as may be specified and agreed upon in the Project Plan necessary to replicate the load-carrying capacity(system amperage class)of the overhead system being replaced. (c) "Estimated Reimbursable Private Conversion Costs'shall mean the Company's good faith estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (d) "Estimated Reimbursable Temporary Service Costs"shall mean the Company's good faith estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (e) "Estimated Reimbursable Upgrade Costs"shall mean the Company's good faith estimate of the Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (f) "Estimated Shared Company Costs"shall mean the Company's good faith estimate of the Shared Company Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (g) "Estimated Shared Government Costs"shall mean the Government Entity's good faith estimate of the Shared Government Costs, as specified in the Project Plan and as changed and adjusted from time to time in accordance with Section 6, below. (h) "Government-Requested Upgrade"shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For purposes of the foregoing, any empty ducts installed at the request of the Government Entity shall be a Government-Requested Upgrade. (i) "Party"shall mean either the Company, the Government Entity, or both. (j) "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, (1)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, (1)a detailed description of the Work that is required to be performed by each Party and any third party, (it)the applicable requirements and specifications for the Work, (ill) a description of the Operating Rights that are required to be obtained by each Party for the Conversion Project(and the requirements and specifications with respect thereto), (iv)an itemization and summary of the Estimated Shared Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private Conversion Costs(if any), Estimated Reimbursable Temporary Service Costs(if any)and Estimated Reimbursable Upgrade Costs(if any), and(v)the Work Schedule. I (I) "Operating Rights"shall mean sufficient space and legal rights for the construction, operation, repair, and maintenance of the Underground Distribution System. (m) "Reimbursable Private Conversion Costs"shall mean(i)all Costs of Conversion, if any, incurred by the Company which are attributable to a Private Property Conversion, less (ii)the distribution 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—James St& Russell Rd Levee Improvements 66 replacement program, plus(Ili)just compensation as provided by law for the Company's interests in real property on which such existing overhead distribution system was located prior to conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to the Costs of Conversion under subparagraph (i)of this paragraph shall not exceed the Estimated Reimbursable Private Conversion Costs without the prior written authorization of the Government Entity. (n) "Reimbursable Temporary Service Costs"shall mean all costs incurred by the Company which are attributable to(i)any facilities installed as part of the Conversion Project to provide Temporary Service, as provided for in Schedule 74, and (ii)the removal of any facilities installed to provide Temporary Service (less salvage value of removed equipment); provided that the Reimbursable Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs without the prior written authorization of the Government Entity. (o) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company which are attributable to any Government-Requested Upgrade; provided that the Reimbursable Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior written authorization of the Government Entity. (p) "Shared Company Costs"shall mean all Costs of Conversion (other than Reimbursable Upgrade Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs) incurred by the Company in connection with the Conversion Project; provided, however,that the Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior written authorization of the Government Entity. For the avoidance of doubt, the"Shared Company Costs"shall, as and to the extent specified in the Design Agreement, include the actual, reasonable costs to the Company for the"Design Work" performed by the Company under the Design Agreement. (q) "Shared Government Costs"shall mean all Costs of Conversion incurred by the Government Entity in connection with (i) any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity as part of the Government Work, and (ii)the acquisition of any Operating Rights which the Parties have, by mutual agreement, specified in the Project Plan are to be obtained by the Government Entity for the Conversion Project, but only to the extent attributable to that portion of such Operating Rights which is necessary to accommodate the facilities of the Company; provided, however, that the Shared Government Costs shall not exceed the Estimated Shared Government Costs without the prior written authorization of the Company. (r) "Total Shared Costs"shall mean the sum of the Shared Company Costs and the Shared Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include,without limitation, (1) 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. Obligations of the Company. (a) Subject to the terms and conditions of this Agreement, the Company shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the"Company Work"): Construction Agreement,Attachment"B"to Schedule 74, Page 3 City of Kent—James St& Russell Rd Levee Improvements 67 i) furnish and install an Underground Distribution System within the Conversion Area (excluding any duct and vault installation or other Work which the Parties have specified in the Project Plan Is to be performed by the Government Entity); ii) provide a Company inspector on-site at the times specified in the Work Schedule to inspect the performance of any duct and vault installation Work which the Parties have specified in the Project Plan is to be performed by the Government Entity; and iii) upon connection of those persons or entities to be served by the Underground Distribution System and removal of facilities of any other utilities that are connected to the poles of the overhead system, remove the existing overhead system (including associated wires and Company-owned poles)of 15,000 volts or less within the Conversion Area except for Temporary Services. (b) Upon request of the Government Entity, the Company shall provide periodic reports of the progress of the Company Work identifying(i)the Company Work completed to date, (ii) the Company Work yet to be completed, and (iii)an estimate regarding whether the Conversion Project is on target with respect to the Estimated Shared Company Costs, the Estimated Reimbursable Private Conversion Costs(if any), the Estimated Reimbursable Temporary Service Costs(if any), the Estimated Reimbursable Upgrade Costs(if any) and the Work Schedule. (c) Except as otherwise provided in the Company's Electric Tariff G,the Company shall own, operate and maintain all electrical facilities installed pursuant to this Agreement including, but not limited to,the Underground Distribution System and Underground Service Lines. (d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company Work in accordance with the Project Plan, the Work Schedule and this Agreement. 3. Obligations of the Government Entity. (a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the following as specified in, and in accordance with the design and construction specifications and other requirements set forth in, the Project Plan (the"Government Work"): i) provide the Trenching and Restoration; ii) perform the surveying for alignment and grades for ducts and vaults; and iii) perform any duct and vault installation and other Work which the Parties have specified in the Project Plan is to be performed by the Government Entity. (b) Other utilities may be permitted by the Government Entity to use the trenches provided by the Government Entity for the installation of their facilities so long as such facilities or the installation thereof do not interfere(as determined pursuant to the Company's electrical standards)with the Underground Distribution System or the installation or maintenance thereof. Any such use of the trenches by other utilities shall be done subject to and in accordance with the joint trench design specifications and installation drawings set forth or otherwise identified in the Project Plan, and the Government Entity shall be responsible for the coordination of the design and installation of the facilities of the other utilities to ensure compliance with such specifications and drawings. j (c) Upon request of the Company, the Government Entity shall provide periodic reports of the progress of the Government Work identifying(1)the Government Work completed to date, (H)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—James St&Russell Rd Levee Improvements 68 (e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all Government Work in accordance with the Project Plan, the Work Schedule and this Agreement. 4. Work Schedule. I (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. i (c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work assigned to it under this Agreement in accordance with the Work Schedule. So long as the Company performs the Company Work in accordance with the Work Schedule, the Company shall not be liable to the Government Entity(or its agents, servants, employees, contractors, subcontractors, or representatives)for any claims, actions, damages, or liability asserted or arising out of delays in the Work Schedule. 5. Location of Facilities. All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74, as specified by the Parties in the Project Plan. 6. Chancles. (a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the Work within the general scope of this Agreement(a"Request for Change"), including, but not limited to: (i)changes in, substitutions for, additions to or deletions of any Work; (ii)changes in the specifications, drawings and other requirements in the Project Plan, (III)changes in the Work Schedule, and (iv)changes in the location, alignment, dimensions or design of items included in the Work. No Request for Change shall be effective and binding upon the Parties unless signed by an authorized representative of each Party. (b) If any change included in an approved Request for Change would cause a change in the cost of, or the time required for, the performance of any part of the Work, an equitable adjustment shall be made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs(if any), the Estimated Reimbursable Temporary Service Costs(if any), the Estimated Reimbursable Upgrade Costs (if any)and/or the Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for I resolution pursuant to the dispute resolution provisions in Section 10, below. (c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further equitably adjusted from time to time to reflect any change in the costs or time required to perform the Work to the extent such change is caused by: (i)any Force Majeure Event under Section 11, below, (k)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—James St&Russell Rd Levee Improvements 69 schedule or other aspect of the Work and was not known by or disclosed to the affected Party prior to the date of this Agreement, or(iii)any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either Party may submit the matter for resolution pursuant to the dispute resolution provisions in Section 10, below. (d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in accordance with any approved Request for Change. Any request to proceed hereunder must be accompanied by a written statement setting forth the requesting Party's reasons for rejecting the proposed equitable adjustment of the other Party. 7. Compensation and Payment. (a) Subject to and in accordance with the terms and conditions of this Agreement(including,without limitation, the payment procedures set forth in this Section 7), payment in connection with the Conversion Project and this Agreement shall be as follows: i) The Total Shared Costs shall be allocated to the Parties in the following percentages: (A)sixty percent(60%)to the Company, and (B)forty percent(40°%)to the Government Entity. ii) The Government Entity shall pay one hundred percent(100%)of all Reimbursable Private Conversion Costs, if any. iii) The Government Entity shall pay one hundred percent(100%)of all Reimbursable Upgrade Costs, if any. iv) The Government Entity shall pay one hundred percent(100%)of all Reimbursable Temporary Service Costs, if any. v) The Government Entity shall pay one hundred percent(100%)of the costs it incurs to perform that portion of the Government Work specified in Section 3(a)(i) and(ii) (i.e., Trenching and Restoration and surveying). vi) The Company shall pay one hundred percent(100%)of the costs it incurs to design, provide and construct any Company-Initiated Upgrade. vii) The Company shall pay one hundred percent(100%)of the costs it incurs to obtain Operating Rights outside the Public Thoroughfare. (b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall determine the net amount payable by the Government Entity or the Company, as applicable, to the other Party under this Agreement(the"Net Amount"). The Net Amount shall be determined by using the amount of the Total Shared Costs allocated to the Government Entity under Section 7(a)(1), and adjusting such amount as follows: i) Subtracting(as a credit to the Government Entity)the amount of the Shared Government Costs. ii) Adding (as a credit to the Company)the amount of all Reimbursable Private Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary Service Costs. iii) Subtracting (as a credit to the Government Entity)any payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement. The Net Amount, as so calculated, (A)will be an amount payable to the Company if it is a positive number, and (B)shall be an amount payable to the Government Entity if it is a negative number. Construction Agreement,Attachment"B"to Schedule 74, Page 6 City of Kent—James St& Russell Rd Levee Improvements 70 (c) Within sixty(60) business days of completion of the Conversion Project, the Government Entity shall provide the Company with an itemization of the Shared Government Costs(the"Government Itemization"), together with such documentation and information as the Company may reasonably request to verify the Government Itemization, The Government Itemization shall, at a minimum, break down the Shared Government Costs by the following categories, as applicable: (1) property and related costs incurred and/or paid by the Government Entity, including any costs of obtaining Operating Rights, and (ii)construction costs incurred and/or paid by the Government Entity, including and listing separately inspection, labor, materials and equipment, overhead and all costs charged by any agent, contractor or subcontractor of the Government Entity. (d) Within thirty(30) business days after the Company's receipt of the Government Itemization and requested documentation and information,the Company shall provide the Government Entity a written statement(the"Company Statement')showing(i)an itemization of the Shared Company Costs, (ii)the Parties'relative share of the Total Shared Costs based on the Company's itemization of the Shared Company Costs and the Government Entity's itemization of the Shared Government Costs set forth in the Government Itemization, (III)any Reimbursable Private Conversion Costs, (iv)any Reimbursable Upgrade Costs, (v)any Reimbursable Temporary Service Costs, (vi)any credits to the Government Entity for payments previously made to the Company by the Government Entity under the Design Agreement which, under the terms of the Design Agreement, are to be credited to the Government Entity under this Agreement, and (vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such documentation and information as the Government Entity may reasonably request to verify the Company Statement. The itemization of the Shared Company Costs included in the Company Statement shall, at a minimum, break down the Shared 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. (a) 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. i 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. I Construction Agreement,Attachment"B"to Schedule 74, Page 7 City of Kent—James St&Russell Rd Levee Improvements i I 71 I ' 9. Conversion of Service to Customers within Conversion Area. (a) Upon commencement of the Work, the Government Entity shall notify all persons and entities within the Conversion Area that service lines to such customers must be converted from overhead to underground service within the applicable statutory period following written notice from the Government Entity that service from underground facilities are available in accordance with RCW 35.96.050. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, the Company shall remove the overhead system and connect such persons'and entities' Underground Service Lines to the Underground Distribution System. (b) The Parties acknowledge that single family residences within the Conversion Area must(I) provide a service trench and conduit, in accordance with the Company's specifications, from the underground meter base to the point of service provided during the conversion, and (ii) pay for the secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The Government Entity shall exercise its authority to order disconnection and removal of overhead facilities with respect to owners failing to convert service lines from overhead to underground within the timelines provided in RCW 35.96.050. 10. Dispute Resolution. (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the other Party in writing as to the nature of the dispute. Each Party shall appoint a representative who shall be responsible for representing the Party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the Parties' representatives in writing to the senior management of the Parties for resolution. In the event the senior management are unable to resolve the dispute within twenty(20) business days (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable adjustment under Section 6, above, or the compensation payable by or to either Party under Section 7, above, and which is not resolved by senior management within the time permitted under Section 10(a), above, shall be resolved by arbitration in Seattle,Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s)of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the Parties. Each Party shall bear the cost and expense of preparing and presenting its own case(including, but not limited to, its own attorneys'fees); provided,that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses (including, but not limited to, reasonable attorneys'fees) by the other Party. (d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. Construction Agreement,Attachment"B"to Schedule 74, Page 8 City of Kent—James St& Russell Rd Levee Improvements 72 11. Uncontrollable Forces. i 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. i 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—James St& Russell Rd Levee Improvements 73 (d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply with all applicable federal, state, and local laws, ordinances, and regulations. (a) No Discrimination, The Company,with regard to the Work performed by the Company under this Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. (f) Independent Contractor. The Company and the Government Entity agree that the Company is an independent contractor with respect to the Work and this Agreement. The Company is acting to preserve and protect its facilities and is not acting for the Government Entity in performing the Work. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. Neither the Company nor any employee of the Company shall be entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this Agreement. The Government Entity shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Company, or any employee of the Company. (g) Nonwaiver of Rights or Remedies, No failure or delay of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any other right under this Agreement, and no course of dealing or performance with respect thereto, shall, except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or relinquishment of any right under any provision of this Agreement or any right at law or equity not otherwise provided 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. (j) No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the Parties or to impose any partnership obligations or liability upon either Party. Further, neither Party shall have any right, power or authority to enter into any agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to otherwise bind the other Party. (k) Severability. In the event that any provision of this Agreement or the application of any such provision shall be held invalid as to either Party or any circumstance by any court having jurisdiction, such provision shall remain in force and effect to the maximum extent provided by law, and all other provisions of this Agreement and their application shall not be affected thereby but shall remain in force and effect unless a court or arbitrator holds they are not severable from the invalid provisions. I Construction Agreement,Attachment"B"to Schedule 74, Page 10 City of Kent—James St& Russell Rd Levee Improvements 74 (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. South Kent, WA 98032-5895 Attn: Toby Hoilock Fax: 253-856-6500 If to the Companv: Puget Sound Energy, Inc. 6905 South 228th Street Kent, WA 98032 Attn: Doug Corbin Fax: 253-395-6882 Any Party may change its address specified in this Section 13(l) 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. i (o) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the Parties, including but not limited to, any entity to which the rights or obligations of a Party are assigned, delegated,or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership,association, or other business organization or division thereof. Government Entity: Company: City of Kent PUGET SOUND ENERGY, INC. r• r k41 f I BY t, f zt e>• .fir BY ITS ITS Municipal Liaison Manager Date Signed— !}� Date Signed .` Approved asrto form: Construction Agreement,Attachment"B" to Schedule 74, Page 11 City of Kent—James St& Russell Rd Levee Improvements 75 j j PUGET SOUND ENERGY The Energy To Do Great Things ', Exhibit "A" Project Plan Schedule 74 Underground Conversion City of went— Jam es and Russell Road Sch. 74 PSE Project Number: 101088577 July 29, 2014 Pursuant to Puget Sound Energy("PSE")Rate Schedule 74 and as described in this Project Plan, PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an equivalent Underground Distribution System, This Project Plan describes the scope of construction work(the"Construction Work")to be performed by PSE and the City of Dent(the "City") for the conversion of certain PSE electrical distribution system facilities as described herein(the"Conversion Project"). Construction of this Conversion Project is contingent upon and shall commence only after both written acceptance of this Project Plan and written execution of a Schedule 74 Construction Agreement by the City and PSE. This Project Plan includes and consists of: a Description of the Construction Work to be performed • Construction Drawings, Standards, Specifications and Requirements for the Construction Work(attached) ® Operating Rights to be obtained for the Conversion Project(attached) ® Construction Work Schedule ® Construction Costs Estimate Summary(attached) Revisions to this Project Plan must be mutually approved by the City and PSE. Construction Wordy This Conversion Project will replace PSE's existing overhead electrical distribution system with an Underground Distribution System within the following area(the "Conversion Area"): At and adjacent to the intersection of James Street and Russell Road, The Conversion Project is approximately 595'+-feet in length,including laterals and road crossings. The Conversion Project includes modification or replacement of all existing services lines within the Conversion Area to connect to the Underground Distribution System and removal of PSE's existing overhead electric distribution facilities (including PSE distribution poles and pole mounted street lights)from the Conversion Area. The City has requested that the work be divided into two phases. City of Kent dames and Russell Underground Conversion page 1 101088577 76 Phase One, to be constructed in 2014, will remove the existing overhead conductors on James St east of Russell Rd, install associated underground facilities and temporarily install taller poles on j Russell Rd. i Phase Two,to be constructed in 2015,will complete the underground installation and remove the overhead facilities on Russell Rd. Construction pricing for Phase One is included at this time with the Construction Agreement for the project. Construction pricing for Phase Two will be provided prior to Phase Two construction. There are no Company Initiated Upgrades in the Conversion Project Scope of Work. City requested upgrades included in this project consist of. The City has requested PSE to install taller temporary poles along Russell Road.Taller poles will allow PSE to move the existing over head conductors up to gain room for construction equipment and the 8 foot fill. In 2015 the temp poles will be removed and be replaced by the underground conversion. Any "temp' facilities"will be 100%City cost. In conjunction with this Conversion Project,PSE will remove its existing street lighting system from the Conversion Area. Provision of a replacement street lighting system within the Conversion Area is not included in this Project Plan. Replacement street lighting service can be provided by separate arrangement in accordance with applicable PSE Tariff Schedules. AesUonsibilities o Parties City Responsibilities a) At least ten(10)business days prior to the scheduled commencement of Construction Work, hold a pre-construction meeting involving all participants in the Conversion Project to review project design,coordination requirements,work sequencing and related premobitization requirements, i b) At least ten(10)business days prior to the scheduled commencement of Construction Work, give PSE written notice to proceed with the Construction Work to allow for delivery of PSE materials to the jab site and scheduling ofPSE's on-site Inspector. i c) Provide written notice to customers within the Conversion Area in advance of Conversion Project Construction Work start. The notice will include contact infonnation for both the City and PSE,the expected Conversion Project schedule,anticipation of service interruptions and work required to be performed by customers. d) Coordinate other utility conversion,removal and relocation from PSE's poles. e) Provide all surveying for equipment placement, locations,and establish all grade elevations for the Underground Distribution System within the Conversion Area. f) Provide all necessary excavation,bedding,backfill, off-site disposal, site restoration and coordination for installation of the Underground Distribution System. This includes trenching, backfill, and restoration for cut-over and transfer of existing underground system City of Kent James mid Russell Underground Conversion Page 2 101088577 77 i i1 and service lines from the existing overhead distribution system to the new Underground I Distribution System. g) Coordinate private property trenching, excavation and restoration activity with private property owners affected by this Conversion Project. h) Provide flagging and traffic control as required for all work performed by the City. i) Install and proof all ducts and vaults for the Underground Distribution System(excluding work in ducts or vaults containing energized cables or equipment—see PSE Responsibilities) in accordance with PSE standards and specifications using ducts and vaults provided by PSE. "Proo ling" as used herein is defined as verification using a mandrel that the duct and vault system is free and clear of damage, installed to the proper grade and at the proper location and contains a pulling line. j) Provide at least five(5)business days' notice for scheduled delivery of PSE vaults by PSE's vault supplier. k) Provide secure staging and storage area(s)for duct and vault materials provided by PSE. The City shall be responsible for the security and condition of these materials until they are installed and accepted by PSE or returned to PSE's custody. 1) Provide labor and equipment for the off-loading of PSE duct and vault materials delivered to the job site. m) Promptly following notice from PSE that the Underground Distribution System has been energized,provide notice to customers within the Conversion Area informing them of their obligation and responsibility to convert their overhead service lines to underground service lines as provided by state law or to modify existing underground service lines for connection to the Underground Distribution System. Affected service lines are listed in the Service Lines section of this Project Plan. n) Facilitate weekly(or as otherwise agreed by the City and PSE) construction coordination meetings to include all relevant parties participating in the conversion including PSE and it's contractor(s),the City and it's eontractor(s), and other utilities. o) Provide any necessary operating rights for the installation of PSE's facilities in accordance with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City. Operating rights are further addressed in the Operating Rights section of this Project Plan. p) Modify,reroute or replace service lines to City owned facilities to connect to the Underground Distribution System. q) Following notification from PSE that Construction Work is complete,provide to PSE any Shared Government Costs as provided for in the Construction Agreement. Puget Sound Energy Responsibilities �� a) Following notice from the City,deliver or cause to be delivered all duct and vault materials to the designated staging/storage area(s). Acknowledge delivered quantities and condition of duct and vault materials by signing shipping manifests. City of Kent James and Russell Underground Conversion Page 3 101088577 78 b) Following notice from the City,provide inspection services needed for overseeing the proper installation of ducts and vaults by the City. c) Accept delivery of the completed duct and vault system once the new system has been proofed(as described above)by the City. PSE will provide a mandrel to the City to be used in proofing of the duct and vault system, d) Provide PSE electrical workers to complete duct installation and proofing when such work is performed at or in any energized vault containing energized cables or equipment. e) Install (except for ducts and vaults installed by the City)and energize the Underground Distribution System. Provide written notice to the City when the Underground Distribution System is energized. f) Perform cut-over and transfer of existing Underground Distribution System and existing underground service lines from the overhead distribution system to the new Underground Distribution System where applicable(see City Responsibility item "f' concerning trenching responsibility). PSE will notify the City for excavation and the affected customers at least two (2)business days prior to installation,transfer, and connection of underground service lines. Affected service lines are listed in the Service Lines section of this Project Plan. g) Install and connect replacement underground service lines to single family residences and connect modified and replacement non-residential underground service lines provided by customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service lines are listed in the Service Lines section of this Project Plan. h) Remove the existing overhead electric distribution system including,conductors, equipment, down guys, anchors and poles after all service lines to customers within the Conversion Area are connected to the Underground Distribution System and all other utilities have been removed from PSE's poles. Holes left following removal of poles will be filled with crushed rock and compacted in accordance with applicable City standards or specifications. i) Provide flagging and traffic control as required for all work performed by PSE(except as may otherwise be reasonably provided by the City during installation of ducts and vaults in conjunction with City performed trenching, excavation, back-fill and restoration). j) Attend weekly(or as otherwise agreed by the City and PSE) construction coordination meetings facilitated by the City and its contractor during periods of Conversion Project construction. Operating Mahts The Underground Distribution System will be located within Public Thoroughfare, The Construction Work will not be released by PSE for construction until i) all operating rights necessary for the installation of PSE's facilities have been obtained and have been verified by PSE, or ii)the City otherwise signs an agreement releasing PSE from any and all financial obligations associated with the location or relocation of PSE facilities resulting from commencement of construction prior to acquisition of all identified necessary operating rights. City of Kent James and Russell Underground Conversion Page A 101088577 79 Construction Work Schedule The Construction Work will be performed in accordance with the following Work Schedule, unless this schedule is revised by mutual agreement of the City and PSE or circumstances beyond the reasonable control of the City and/or PSE preclude such performance. Installation of ducts and vaults: Phase One(J03,VO1)and corresponding conduit will be a 2014 construction and is anticipated to take two days. Phase Two will be constructed in 2015. i Installation and enereizafion of the Underground Distribufion System: Phase One will be energized in 2014 and is anticipated to take approximately seven days.Phase Two to be constructed and energized in 2015 Removal of overhead facilities: Phase One from P05 (Grid Number 314437-164596)to P07 (Grid Number 314436-164632)will be removed in 2014 and is anticipated to take approximately one day. Phase Two including all relocated temp poles and wire will be removed in 2015. i Installation and removal of Temporary Service: No temp services requested at this time. Work Schedule Restrictions: No work restriction anticipated at this time. Construction Cost Estimate I City of Kent James and Russell Underground Conversion Page 5 j 101088577 '... I 80 The estimated costs to perform the Construction Work and the allocation of costs between the parties are presented in the attached Construction Costs Estimate Summary. These estimated costs are valid for ninety(90)days from the date shown on the attached Construction Costs Estimate Summary, If this Project Plan and a Schedule 74 Construction Agreement are not fully i executed within ninety(90) days from this date,the estimated costs shall be subject to revision. The scope of work provided for in the previously executed Design Agreement has been completed with written acceptance of this Project Plan by the City and PSE. The Construction Cost Estimate reflects and provides for Construction Work costs commencing with PSE attendance at the required pre-construction meeting and receipt of the City's written notice to j proceed with Construction Work. Work performed and/or costs incurred by PSE in response to City request following acceptance of the Project Plan and prior to the pre-construction meeting are not included in the Construction Cost Estimate,and shall be subject to addition to the Construction Cost Estimate by revision as described below. Estimated Inspection and Service Provider Outside Services costs are based on Phase One being constructed in 2014 and subject to 2014 contract rates. Estimated Inspection and Service Provider Outside Services costs are based on Phase Two being constructed in 2015 and subject to 2015 contract rates. Costs for Construction Mork performed by PSE in Ph use One or Phase Two outside of thie projected corresponding construction:yeas shall be subject to revision to reflect PSE Service Provider contract rater which become effective after this date. Changes in Construction Work scope,performance and/or schedule can result in actual Construction Costs that differ from estimated costs shown in the Construction Cost Estimate Summary. In the event performance of the Construction Work cannot or does not proceed substantially as provided in this Project Plan, such changes shall promptly be brought to the attention of PSE and the City when anticipated or known and shall be documented in a revision to the Construction Cost Estimate(a"Cost Estimate Revision")mutually agreed and executed by the City and PSE. Z'roieef A sdtt72T�PiOd�s The project design, construction plans and cost estimates are based on and reflect the following assumptions. Construction conditions that are not consistent with these assumptions may result in a request for change or an equitable adjustment to project compensation under Section 6 of the Construction Agreement and addressed by a Cost Estimate Revision. Cost Assumptions 1. The Construction Work will be performed in accordance with the Constriction Drawings and Construction Work Schedule. City of Kent James and Russell underground Conversion Page 6 101088577 81 i 2. PSE's Project Manager will acceptor reject(with written justification)the duct and vault installation work performed by the City within five (5) business days notice of completion from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written justification),the City will perform the necessary remedial work. The City will then re- notify PSE and PSE shall have five (5) business days to accept or reject the remedial work. 3. All PSE cables can be pulled through the ducts and vaults system, including existing ducts and vaults if applicable,to be used for the Conversion Project utilizing normal cable pulling equipment and methods. 4. A City Street Use permit is the only permit necessary for PSE to perform its work for this Conversion Project and will be issued within two (2)weeks of PSE submitting a complete permit application(including any supporting documentation reasonably required by the City). Tbere will be no charge for the permit or inspection fees. 5. The estimated daily productivity rate for PSE duct and vault installation is based on the City's contractor opening a minimum of 60 feet of trench per working day. The daily productivity rate is used to estimate the number of days a PSE Inspector will be required during installation of ducts &vaults. The Inspector will be scheduled in full day increments and in one continuous effort. Changes to a continuous schedule require a minimum of five days advance notice and must be mutually agreed between the City and PSE. 6. Attendance by the PSE Project Manager at scheduled weekly construction coordination meetings is included and reflected in the Construction Cost Estimate during periods when the PSE ducts and vaults are actively being installed and when the PSE line crew is performing installation, energization, cut-over and removal work, Attendance at additional meetings that may be requested/required during other periods will be addressed by a Cost Estimate Revision. 7. Traffic control provided by PSE assumes the use of two flaggers,basic signage and simple channelization. Additional traffic control measures are not included and if requested/required will be addressed by a Cost Estimate Revision, 8. Work to be performed by PSE does not include installation and/or removal of Temporary Service facilities at the request of others during construction. 9. Cut-over and transfer work will be completed during regular working hours as described in Schedule Assumption#3 below. Changes in the performance of this work will be addressed by a Cost Estimate Revision. 10.New guy anchors shall be installed prior to installation of new ducts in the same area. i 11. When Fluidized Thermal Backfill(F'1B)is used,associated cost will be allocated 100%to PSE when required for a Company Initiated Upgrade and otherwise 100%to the City. 12. Installation of protective bollards may be necessary at some locations and may not be included in the project design. In the event unplanned bollards are required, associated costs will be a Shared Cost and addressed by a Cost Estimate Revision. i Schedule 1. There will be a total of two (2)PSE crew mobilizations for each of Phase One and Phase Two as follows: i)one mobilization of an underground I ine crew for installation of City of Kent James and Russell Underground Conversion Page 7 101098577 82 underground conductors and equipment; and ii) one mobilization of an overhead line crew for removal of the existing overhead facilities. Once mobilized PSE crews will have continuous productive work until all PSE Construction Work is complete. 2. All PSE Construction Work will be performed during regular working hours from 7:00 am to 3:30 pin Monday through Friday excluding holidays. In the event that lane closures are necessary for performance of work, PSE shall be limited to working between the hours of Monday through Friday. PSE and the City will mutually agree to weekly work schedules for the Construction Work. PSE shall be allowed to perform PSE work as scheduled without changes or interruptions caused by other construction activities. 3. PSE customers within the Conversion Area will experience interruption of electric service during performance of the Construction Work when cutting over and transferring system and customer loads from the overhead distribution system to the Underground Distribution System. Cut-over and transfer,work will be performed during the regular working hours specified in Schedule Assumption#2 above except as otherwise provided below. PSE will notify customers at least two (2)business days in advance of scheduled service interruptions. This project will have one underground"Service Cut-Over" at 5821 West James. Additional Considerations Service Lines Service lines within the Conversion Area must be modified or replaced to provide underground service from the Underground Distribution System as listed below. This project will have one underground"Service Conversion" at 24058 Russell Road. Performance of the work and associated costs shall be governed by PSE Tariff Schedule 85. New Service Connection of new or increased load for City facilities(such as new traffic signals)under terms of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch. Additional costs may apply and will be quoted separately. PSE Design & Construction Standards This Conversion Project has been designed and will be constructed in accordance with PSE design and construction standards in effect as of the date of this Project Plan. PSE standards applicable to Construction Work to be performed by the City have been provided to the City in PSE's"Electric Distribution Trench/DuctNauh Construction Standards, 2013". All relevant PSE standard described above are attached to this Project Plan by this reference. City of Kent James and Russell Undermund Conversion Page 8 - 101088577 I i i 83 Temporary Support(Holding)of PSE Poles Whenever any pole(s) are required to be temporarily supported(held) due to excavation in proximity to such poles,the City will coordinate with PSE to provide such support. The need to temporarily support such poles shall be determined by PSE, and if required, such support shall be provided by PSE. As used herein, "temporary support"means supporting one or more poles for a continuous worldng period often hours or less. I i City of lent James and Russell Underground Conversion Page 9 ` 101088577 it 84 Acceptance of Project Plan The City and PSE mutually agree to and accept this Project Plan as of the date indicated below: For the City: For PSE:r, By: 2 By: Its: Date'. Date: z (ze I 17 City of Kent James and Russell Underground Conversion Pa2c 10 101088577 85 0 w v i o 00 .p` O F3 N Vim' M Wi".' `� 2 h a � m � (n N t9 V3'fA fA fPr H3 t3 43 4T I m w i9 JJ O r N N N m� F- it fPr Ni Vt fA df di(a f9 Yf df » Lu 111 FJ3&3 di f9 fR FA U3 HT V3 to X Cd Y N M6 a E Q g $ a G m C 5 eo "' 9i t0� a E 0 'a to 14 g+ e E sir»i»w v,»» ui w 6 �1yf U ,y i5j (O N fV N "�Q o E ........ O m N C9 ia E m C � � 9r. n� 76 4r C� v pp d � t®6 ® Ca 0m nN G N t�H � U f9 YS N3!fl fh 44 e3 69 63 FppA ,t�J!? a0.] . M )I(q r OOi t0 lJ N V J P pp GG E a" Out d O m�m U N c M N O M N a Q W y W N 7 1 Ni G O m P. i. ro V N ® '� u ai a ai �.i tit do dt d£ ,}�i - --•"'_'� — N � - — � � � �ro , u ss sL N © m 3 ,y E «� u a. a v o Z E E m 9 mtoo a o b N e y 3 O C C ra N N W e a LU m h u, ® ro '� $i E 7 o m O W 0 Y �' w -c E "n 0. bU z _ya U' J � W S aJ OO Ur JO � I 86 101088t5]] v .l r F t E 3dl 0 4 2 Idl if w t left y g$ s b WU' ss 94P 4 €6 SV3E .. ze 1��1 u"i, � dtlieS w. s v�a�€e&&a e€ a sggex3ap� , --0 »GE FF€€@b E6KE`s k���sh=€ k Y ad3 d�L 12 If N M L W^i u Am,�}) tta;slf (' i a salt g /1 s s a x gfrg $ es is q �f Ma s �1 ems 8 p g a of ax s s@ beP= fi€ a isu 2 - e a$ < if a �Ala Red xa a "a Sg B ➢ u g 11 INEPx € x - �a § 4af �a€ »e➢s n a € € �.a F»€ yaa' fidas ag p Y g €GS x a Mg o pp gE to �xg$ €�9 @ $ e€ a'$ s a vg c sad $ �R lP " " ➢ $ g es ag fia'� m act t1;a 9$ »Qg �` » ° gE ;:a g Es a3RR € $ € a F sa;fop Sslpl;g€� j,. x € a a as ;�,�4g�➢ €3 a $ rf$s "$ has aa� a 53 � P g 88 SE a&e IF t ge €a 8 ag § HN e8a E x @ ae"[ sag HIs & .€ a$ ke €'g-use i xa g ge; eEB ash a €3 si»mes �E. a aM M 5 'gY 3 N ¢xE $E a ao €➢ g aEe$sa ° a RAP M e $ gw 8s $a fa-, ayt aga � za �m s -xart 's5:sg�xg a8 a ggg a g°ai$,..a° a� » $ &x 5e` g�F $ 9�wP eEefi nF8 �fg x ,g$ �,g4 �'� 8 e3s t1� gs Eas s$v $a � a§& sM§z a € ro€se_a" e4 E a g �,Kit€.c$bs IN CA, sPs 3 WW a 3 a gg a_x@ a a- a e a x a £ p$m ae yv86 ? = F 3 s " € 6 SSE € 4R6 fi 'Pu A6 a if gx Hji, = F gaa sib ee $➢ S. $..$8 p e4 i E" x»� o4 as se5 x _ sa e yg sii € l a g a $ e gad JH 'ss€gig a Via 3 a 1 � gg gall 8€ „ a f a"x a �€ �� ss 5� s b x x x a $ i sb g r Y F u E ps al" 5€i 8 8 ��k a r ng g$€�2 a `S€ n sg e € € gs� ¢,: xsElfl l &'s� ��'�n Y!{aa A 5ga die € s °se a _ 3$g ag s � .g xg sly a€ w €x? e $ z ee$ ac a ' $P xggE _- �f e3y x� isP�Fg [�ix at a ag$>v x Ai '€ �r�z sgE ,� TgMgaas sEsg 93 2 a S�xx�� 3a � I F}s € $¢ a ay 58 a PfS��S€ES -�s $ °) € [ as€=e es 1m 5°°u°TeeKG=a 2l�➢g � gaga'a�" �� 3 F€e E.<�L2°. z Euooe=, m - 6 B € R g€ $ en [E a ap�y ga s RP E 3 4 ➢P a ➢i it .Ta Pk I E_ 5af 4 2 »9 $a a + gsa r o € $Q a� Et & r 'a -ys �g �3� z k f3 4 't g$ €➢% $ c s '4g g .6€ $' .a s � $ y o z .@€aag1 gi 'a e e a�ae M a azex °�.� I§ MUM € a $E B €» a fi 4 a ae L a Q a 6€ fIa t° e 4g@0 �g�g � a¢a�M42�'p9g W &g�Ha_E 89 x4�g 8=Fg ➢ `�Sa ^nTibn $ReieF P € gP R � ygH a� § �a�E a gP»fiy €` un a e xE8 38 a 6= w § n$g�s gI � ' a$la . sa € s a� I� g � a€g aaE $isS xaea ea; }.s s2 ..eag�o - g. ea 10 t �gse$s � - 87 I - I & � I F� — i P. ORR i �E u F L Of fn zl�3i If' I. y i i a E I .I 8p 9i 3�I.1F l —. 41 4 g is 9 S �1 W ed � sl I sa I I— I, U �I< •�nw,.�vu=.._<<.,,a,<,u,ow,.<,.<r.<,:r.....p�,,,.,,.«Rlnm.rnee a•,e-nmvm,:.<wwmz4n.m€ rroi-.rez xv m• ' 88 � 8E 3 m I 4q� r ___ LU zd Jj 'Jj `3a E I e el n 8� — � a pp ~ gg y cgs s � I Wei d e r.N I Walk- oI Sgadg a III yri I ffi e 4 gt'.�. " .. . IM y QI EH� j Yr� ,� r.tl aV021 lI,�SS�C I 1 LL U 0 El f.. . I � r i! $ � ❑ C } 89 101088577 ysa I . 6dd X1°) 3 gi�r ' 8E -- �Fn � u @' a g 10 a € u p HER ng s @�HSo Ia UP N Y s2Y2 t. SF�Fot'6YYp6CI NI 6 33 222 SF32 2SM[,i w N $ R 5 OGL yFr '. An VA 2 a 07O— )l_3SS!}21 .c w t t z= I e pss a+=w p+=• _ or 1rw+-`? \e v_r ,n 5 m <svn a.,rw'+=w-1woPavr.vNo-agwrn\v n[oz no[m w 90 .w EY 3 sae 9 UPGo z aid CL Mg { :RR �•RV � ' R8 i i � ya cYa� co' g4 1 I u is w LL ¢ 1 K b fe Fw e o 91 r i) kg'k3i�t�fi.� � Kee Lu j+ @ 5 q I a il ; 4 cn .aria a � I fi 0 Y 5 , I - I Y 111 �v W fit OM '+n S 7-- �� 'S QVO`J l!Ass a m d5��vxcaa�s as 8 z ON it i Y k } r i i K I l $ �" ] T ' '�}r �� 1 R -dsCPe �' f cv2f6�8 � 5 ❑ xg //f ��� � a _ _ - � � c ❑ I l 0"r�� W ( �S' ❑ \ l D a 6 w 1 92 101080577 ass S 3 °� ^• 4aq�_ rFS of j Eg. Ag LtJ 4 1 I 4 "es (rI= 3 Q ❑ Iryg@x ggs! g° g ❑ ❑ a R h Q ❑ 3 hEl D s s g az dW m#aC 'vj-_ 5 A-{J a o t`�py ❑ ❑ .fl 3 MINN aQ Eas©cR Fggasa "a .. a l a u f i y g z i 4 t z o_1OR 7 ale --@5g S tl 4� Yp 5 d T g Eog 9 e a A s MIN d ( MN q 3 d Edu ($ § g {dj all Ali y d Z $yy o$ AAA y i b I d ' 94 Ri i 'dig EI of O'co ai li t 'I1. 0 oi -P 05 F-T- 4f op ----------- 47- jws3 NJ I N OME t z 95 Puget Sound Energy (PSE) Construction Change Orders(Cost Estimate Revisions#1 and#2) In the existing construction contract, PSE has estimated that by completing the underground conversion of power in 2014 rather than over a period of two years (2014 and 2015) there will be a cost savings. The first cost savings comes in the form of Cost Estimate Revision #1. This estimates the costs associated with installing temporary facilities in order to complete the work. It has been determined that this temporary work will not be necessary since the contractor has planned to relocate all the utilities this year. The estimated savings is$22,226. The existing contract only includes a portion of the work necessary to underground the power for this project. The reason behind this is that the cost of PSE's labor on the project would increase in 2015 and at the time of the contract, those increases were unknown. Since the contractor is scheduling all the work in 2014, the remaining work needs to be included into the existing contract which increases the cost of the existing contract, but reduces the cost overall if we constructed the project over 2 years. Cost Estimate Revision #2 accounts for the work that was assumed to start in 2015, but has been pushed into 2014 instead. The additional work is estimated to cost the City$75,561. As PSE has not released their labor cost increases for 2015,the amount of savings is unknown. The City's estimated share of the existing contract: $47,800 The reduction from Cost Estimate Revision #1 $(22,226) The City's estimated cost of additional work originally scheduled for 2015: $75,561 The City's total cost share of the project: $101,135 96 ® PUGET SOUND ENERGY COST ESTIMATE REVISION # 1 To: City of Kent Date: 9/30/2014 Project Number: 101088577 Attn: Tobias Hallock Project Manager: Dennis Booth Project: James St/Russell Rd Realignment Description of work: The original construction plan and pricing dated 8/13/2014 was based on two phases of construction.The first phase was to install the underground facilities and remove the overhead on James St and install taller poles on Russell Rd.The cost of installing the temporary taller poles on Russell was priced at 100%City cost because they were temporary.The current construction plan calls for all construction to be completed in one effort and with no temporary facilities required. The new underground system will be installed,the two existing services cutover to the underground system(by others)and then the existing overhead facilities removed. This Cost Estimate Revision(CER)credits back that portion of the original pricing that was listed as 100%City cost.CER#2 will update the project cost to include the entire project. Item Amount Comments Company Labor $ Materials $ (6,669) Equipment $ - Inspection $ - Service Provider Outside Services $ (12,851) Includes State Sales Tax Operating Rights $ - Overhead $ (2,706) Company Total $ (22,226) Government Entity Labor $ Operating Rights $ - GovemmentEntityTotal $ - Total Revision to Estimate $ (22,226) Allocation of Revision Total Company 0% $ - Government Entity 100% $ (22,226) Total Revision $ (22,226) Note: This Cost Estimate Revision will be effective only when signed by both parties: Puget Sound Energy City of Kent Signed: Signed: Title: Title: Date: Date: (Please sign and return one copy( PUGET SOUND ENERGY 3591 7 04 Puget Sound Energy PO Box 90868 Bellevue,WA 98009-0868 a subsidiary of PUGET ENERGY 97 ® PUGET SOUND ENERGY COST ESTIMATE REVISION # 2 To: City of Kent Date: 10/6/2014 Project Number: 101088577 Attn: Tobias Hallock Project Manager: Dennis Booth Project: James St/Russell Rd Realignment Description of work: The original construction plan and pricing dated 8/13/2014 was based on two phases of construction.The first phase was to install the underground facilities and remove the overhead on James St and install taller poles on Russell Rd.The cost of installing the temporary taller poles on Russell was priced at 100%City cost because they were temporary.The current construction plan calls for all construction to be completed in one effort and with no temporary facilities required. The new underground system will be installed,the two existing services cutover to the underground system(by others)and then the existing overhead facilities removed. This Cost Estimate Revision(CER)includes the project costs originally anticipated for phase 2.The City's cost to install the Duct and Vault for the phase 2 portion is included in the"Government Entity"section below.CER#1 credited back the cost of the temporary facilities originally anticipated. Item Amount Comments Company Labor $ - Matenals $ 61,781 Equipment $ - Inspection $ 7,536 Service Provider Outside Services $ 63,445 Includes State Sales Tax Operating Rights $ - Overhead $ 20,765 Company Total $ 153,527 Government Entity Labor $ 35,375 Operating Rights $ - Government Entity Total $ 35,375 Total Revision to Estimate $ 188,902 Allocation of Revision Total Company 60% $ 113,341 Government Entity 40% $ 75,561 Total Revision $ 188,902 Note: This Cost Estimate Revision will be effective only when signed by both parties: Puget Sound Energy City of Kent Signed: Signed: Title: Title: Date: Date: (Please sign and return one copy) PUGET SOUND ENERGY 3591 7 04 Puget Sound Energy PO Box 90868 Bellevue,WA 98009-0868 a subsidiary of PUGET ENERGY 98 This page intentionally left blank. 99 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Mark Howlett, Design Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Grant Updates Item - 7 No Motion Required/Information Only Summary: Funding for our public works projects comes from a variety of sources. We apply for and are often successful in receiving grants for our projects from a variety of federal, state and county agencies. Public Works staff will provide the Committee with an update of the status of our grant funded projects. Exhibit: N/A Budget Impact: None 100 This page intentionally left blank. 101 GRANT AWARDS STREET PROJECTS Federal or State Total Project Total Gran[ Project Grant Source Program Required Local Match Unfuntletl Portion Funds Cost Amount Kent Range,Petl Improvement WSOUT Pedestrian&Bicycle Safety State l $416,200 $0 l Citywitle Traffic Signal System WSOUT Highway Safety Mpm,Pmg. Federal $400,000 $400,000 $0 $0 100tb/200tb St Intersection WSOUT Highway Safety lmpmv.Pmg. Federal l $700,000 $0 l Kent Regional Trails Connector PRSC Congestion Mitigation Air Craft, Federal $1,400,000 $1,125,368 SIMMS $100,150 Central Avenue Improvements DesignPSRC Surface Transportation Program Federal $300,000 $46,821 -- Central Avenue Improvements ConstructedPSRC Surface Transportation Program Federal $5,000,000 $1,500,000 $234,104 $3,265,896 S.220th Street Bike Facil lty Legislature State Capital Budget State $1,400,000 $750,000 $0 $650,000 James Street Bicycle Corridor DesignPSRC Surface Transportation Program Federal l $221,750 $34,600 l 212th BE Railroad Gratle Separation PSRC Surface Transportation Program Federal $2,000,000 $312,138 -- 212th BE Railroad Gratle Separation FMSIB FMSIB Federal $27,000,000 $5,000,000 $0 212th UP Railroad Gratle Separation FMSIB FMSIB Federal $27,000,000 $5,000,000 $0 220th UPRR Gratle Separation PSRC Surface Transportation Program Federal $3,000,000 $468,208 -- 220th UPRRGratle Separation FMSIB FMSIB Federal $25,000,000 $3,250,000 $0 Rnd Avenue Improvements TIE Urban Arterial Program State $2,300,000 $1,182,420 $788,280 $329,300 S.224r"Improvements-Phase I TIE Urban Corridor Program State $10,000,000 $5,000,000 Remaining Cost l S.224r"Improvements-Phase 11 TIE Urban Corridor Program State $8,000,000 $5,000,000 Remaining Cost l Legend Subtotal Street Projects $3C,805,]38 WSOUT-Wash'mgton State Department of Transportation PSRC PugetSound Regional Council FMSIB-Freight Mobility Strategic Investment Board TIE TransportationImprovement Board LEVEE AND OTHER ENVIRONMENTAL PROJECTS Project Grant Source Pro Federal or State Total Pool ect Total Grant Required ProgramFunds Local Match Unfuntletl Portion Amount Upper Russell Road Levee(SR 516 to 231st) KCFCD Capital Project Flood District $3,]0],228 $3,]0],228 $0 $0 Boeing Leveeand ERP KCFCD Capital Project Flood District $3,539,762 $0 Boeing Levee ERP USACUE Green Duwamish ERP Federal l $0 l Brocce/Deslmone Levee-Reaches 1-4 KCFCD Capital Project Flood District $11,000,000 $0 $0 Briscoe/Desimone Levee-Reaches 1-4 DGE State Legislature State $18,000,000 $7,000,000 $0 $0 Leber Homestead SRFB Salmon Recovery Funding Board State $131,141 $150,000 Leber Homestead SRFB Salmon Recovery Funding Board State $357,221 $0 Leber Homestead CWM King County Flood Control District Flood District $2,200,000 $]0],846 $0 Downey Farmstead KCD King Conservation District King Cons.olst $46,419 $20,000 Downey Is rmstea d KCFG King Conservation District King Cons.Dist $6,000,000 $253,581 Up to$12,000 Anderson Property Acquisition KCFT Conservation Futures Grant County $104,000 $52,000 $52,000 $0 Lower Russell Rd.Levee Triangle Parcel Acqui,Lion KCFT Conservation Futures Grant County $300,000 $150,000 $150,000 $0 Lower Russell Road-Holiday Kennel Acquisition KCFT Conservation Futures Grant county $200,000 $200,000 $0 Lower Russell Road-Holiday Kennel Acqui,Lion KCFT Conservation Futures Grant County $1,100,000 $350,000 $350,000 $0 Lower Russell Road Property Acquisition KCFT Conservation Futures Grant County $806,000 $403,000 $403,000 $0 Waste Reduction/Recycling Grant King County Solid Waste Division County $178,020 $178,020 $0 $0 H-mous Waste Management Program KC DGH King County Dept of H earth County $31,442 $31,442 $0 $0 Coordinated Prevention Grant DGE DGE State $125p91 $125p91 $0 $0 Municipal Stormwater Capacity Grant DGE NPDES State $170,000 $170,000 $0 $0 James St Stormwater Gomall DGE 2012 StatewmeStormwater State $]s,000 $]s,000 $0 $0 Legend Subtotal Levee&Environmental Proiecs SZH.6azssl USACUE-United States army Corps of Engineers KCFCD-King County Flood Control District TOTALALLPROJECFS $63,O88,z89 DOE-Department of Ecology SRFB-Salmon Recovery Funding Board KCFCD KingCounty Flood Control District KCFT KingConservation Futures Tax 102 DUE-Departmentor Realm SPICES-National Pollutant Disabarge Elimination System PENDING GRANT APPLICATIONS Project Grant Source Program Federal or State Total Project Total Grant Required Local Match Unfunded Portion Funds Cost quire Request S.212m Grade Separations TIE LAP State See above $4,000,000 See above See above S.212m Grade Separations WSDUT Freight Rail Assistance Program State See above $6,000,000 See above See above S.228m UP Grade Separation TIE LAP State See above $4,000,000 See above See above Central Aye S.Pavement Rehab TIE LAP State See above $3,160,000 See above See above Neely Dinner Berm School Signal WSDUT Safe Routes to Schools State $350,000 $332,500 $17,500 See above Daniel Elem.School Ped lmprv. WSDUT Safe Routes to Schools State $100,000 $95,000 $5,000 See above S.228m Street Bike Facility Legislature State Capital Budget Request State See above $650,000 $0 See above Leber Homestead PSAR Puget Sound Acquisition&Restoration State See above $350,000 See above See above Leber Homestead CWM King County Flood Control Di rtrict Flood District See above $500,000 See above See above Kent Transit Center WSDUT Regional Fall Grant State $340,000 $272,000 $68,000 $0 Cessna Total Pending Grant Applications $19,359,500 TIE-Transportation Improvement Board WSDUT-Washington State Department of Transportation PSAR-Puget Sound Acquisition and Restoration CWM-Cooperative Watershetl Management LAP-Urban Arterial Program 103 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 W Gowe St. Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Tim LaPorte, Public Works Director Subject: 2015 Business & Occupation Project List Item - 8 Motion: To approve the street improvement project list recommended by the Public Works Director, and approve payment of these project costs, except as may be supplemented by grant funds or additional council authorization, from the 2015 Business & Occupation Tax receipts. Summary: Staff will present a proposed expenditure list for street system needs utilizing Business & Occupation tax revenues for 2015. The list includes asphalt street overlays planned for contract work as well as work by in-house crews. It also includes continuation of sidewalk repair, replacement line striping, and traffic signal loop replacement. Exhibit: Power point and list. Budget Impact: Funding would come from the 2015 allocation of $4.7 million from the B&O Tax. 104 This page intentionally left blank. 105 PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Eric Connor, Construction Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: 2014 Capital Construction Recap Item - 9 No Motion Required/Information Only Summary: We will present a Power Point exhibit summarizing CIP projects (completed and ongoing) from 2014. Photos from several phases of these projects will be shared and described. Exhibits: Power Point presentation Budget Impact: N/A 106 This page intentionally left blank. 107 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 W Gowe St. Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Bill Thomas, Street Superintendent Through: Dave Brock, P.E., Interim Operations Manager Subject: Update Snow and Ice Preparations Item — 10 No Motion Required/Information Only Summary: The Public Works Operations Division is responsible for responding to snow and ice conditions throughout the winter season. In a typical year, Kent experiences 2-3 significant events that require a prolonged response from staff. Staff is prepared to work around-the-clock to address conditions. In advance of the 2014-15 winter season, normal quantities of materials to sustain a five day response event are on hand. Snow and ice response equipment consisting of seven trucks with plows & sanders, one truck with liquid anti-icing application equipment and a plow, and a motor grader have also been prepped for the season. Annual coordination meetings are held with the Police Department in advance of the winter snow and ice season. Police Department staff works hand-in-hand with Operations Division staff during response events. The Police Department takes a lead role in facilitating the removal of vehicles abandoned in the roadway. In addition, they temporarily close priority routes during heavy snow events to facilitate access by snow and ice removal equipment. During a snow and ice event, Operations response staff addresses priority routes first. Priority routes are identified in the Snow and Ice Response Plan available on the City's website. As roadways are closed or opened during a response event, updates are posted on the City's www.drivekent.com website. Other public communication methods utilized include Kent radio, the Traffic Alert system (e- mail), and variable message boards. Staff will use this opportunity to share snow and ice season preparedness information with the Committee. 108 This page intentionally left blank. 109 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 400 West Gowe Street Kent, WA 98032-5895 Date: November 14, 2014 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: November 17, 2014 From: Kelly Peterson, AICP, Special Projects Manager Through: Chad Bieren, P.E., City Engineer Subject: Vehicle Class Restrictions Item - 11 No Motion Required/Information Only Summary: The South of Downtown (SODO) Neighborhood Council is located south of Willis Street and North of S 259th Street between the BNRR and UPRR. A residential area is located immediately south of Willis Street and a light industrial area lies just to the south of it. Residents in the neighborhood, particularly along 3rd Avenue South, are concerned about truck traffic in the residential neighborhood. These trucks may be coming to and from one or more businesses south of the SODO neighborhood. Cut through traffic to South Central can also occur during peak commute times or when train traffic occurs on the BNRR. Businesses near South 259th Street were notified of a potential change to restrict trucks this past summer. Two businesses, Meadowsweet and EFCO, are very concerned about impacts any restrictions may have. These businesses have been experiencing delays associated with increased train traffic on the BNRR and the removal of the Alvord T. Bridge. Trucks are not able to the travel under the UPRR at S. 259th St. undercrossing due to height constraints. An agreement has recently been signed authorizing the UPRR to evaluate and estimate the possibility of lowering the S. 259th undercrossing. If this proposal was affordable, it would enable trucks to have more than one way out and would provide a useful grade separation. It would mitigate any truck usage of the residential streets in this neighborhood. Exhibit: None Budget Impact: None 110 Exhibit: Power point Budget Impact: Snow and ice response is an unbudgeted general fund expense. The duration of a significant event is challenging to predict. Historically, response events have lasted from two to fourteen days. Operations Division costs associated with responding to an event with this variability have ranged between $10,000 and $150,000, not including clean-up costs.