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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/17/2015 I Public Works Committee Agenda T X Councilmembers: Brenda Fincher - Dana Ralph - Dennis Higgins, Chair August 17, 2015 4 p.m. Item Description Action Speaker Time Pace 1. Call to order Chair Higgins 01 2. Roll Call Chair Higgins 01 3. Changes to the Agenda Chair Higgins 01 4. Approval of Minutes, dated August 3, 2015 YES Chair Higgins 03 03 5. Consultant Agreement with GEI for YES Kelly Casteel 05 05 Construction Support for Briscoe-Desimone Reach 4 6. Consultant Agreement with GeoEngineers for YES Kelly Casteel -- 27 Construction Support for Briscoe-Desimone Reach 4 7. Consultant Agreement with AECOM - Upper YES Steven Lincoln 05 43 Mill Creek Dam Improvements 8. Railroad Agreement for Milwaukee II YES Mark Madfai 10 57 9. Transportation Improvement Board - Grant YES Chad Bieren 05 97 Applications Mark Howlett 10. Information Only/Stormwater Utility Analysis NO Kristin Lykken 10 99 Update Alex Murillo 11. Information Only/Russell Road Update NO Toby Hallock 10 101 12. Information Only/Thermoplastic Change NO Joe Araucto 10 103 Order Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Monday of each month at Kent City Hall, Council Chambers East, 220 41h Ave S, Kent, WA 98032. For additional information please contact Cheryl Viseth at 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 Washington Telecommunications Relay Service at 1-800-833-6388. z This page intentionally left blank. Public Works Committee Minutes 3 August 3, 2015 Item 1 — Call to Order: The meeting was called to order at 4:01 p.m. by Committee member, Dana Ralph sat in for Committee Chair, Dennis Higgins who was absent. Item 2 — Roll Call: Committee members present: Ralph and Fincher were present. Item 3 — Changes to the Agenda: None Item 4 — Approval of Meeting Minutes Dated July 20, 2015: Committee member Fincher MOVED to approve the minutes of July 20, 2015. The motion was SECONDED by Committee member Ralph and PASSED 2 - 0. Item 5 —Interlocal Agreement with Water Resource Inventory Area (WRIA) 8: Mike Mactutis, Environmental Engineering Manager noted that in 1999, the federal government listed Puget Sound Chinook salmon as threatened under the Endangered Species Act. In 2001, concerned about the need to protect and restore habitat for salmon, 27 cities and King County in Water Resource Inventory Area (WRIA) 8 signed an Interlocal Agreement (ILA) to jointly create a habitat conservation plan. WRIA 8 includes all of the Lake Washington Watershed, as well as near shore areas in Seattle. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 8 Chinook Habitat Plan and renewed for a ten year term which expires at the end of 2015. Mactutis noted that the local agencies that entered into the ILA share interest in and responsibility for addressing long term watershed planning and conservation and wish to continue providing for planning and implementation of various activities and projects. The proposed ILA has been updated to reflect the current goals and purposes of the WRIA 8 ILA parties. The cost share for Kent in 2016 is $180.00. Committee Member Fincher MOVED to recommend Council authorize the Mayor to sign an Interlocal Agreement (ILA) for the Watershed Basins within Water Resource Inventory Area (WRIA) S. The motion was SECONDED by Committee member Ralph and PASSED 2 — 0. Item 6 — Grant Acceptance for 2015-2017 Commute Trip Reduction Program: Kathy Hardy, Commute Trip Reduction Coordinator, noted the City has been offered a grant of $106,007 in order to implement commute trip reduction (CTR) during the state's 2015-2017 budget biennium. This grant will allow the City to continue to assist 32 businesses in Kent that are required by state law (more than 100 employees), to participate in commute trip reduction. The City provides training and information, helps develop innovative commute trip reduction strategies, and assists the businesses in completing their required reports and surveys, which are due annually. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign the Federal/State Transportation Demand Management Implementation Agreement with the Washington State Department of Transportation, subject to final terms and conditions of the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 2 - 0. Item 7 — Contract Amendment to Extend 913 Bus Service for Five Additional Years: Kathy Hardy, in 2006, King County voters passed the Transit Now Initiative, which allows cities to enter into a partnership with King County with the purpose of initiating new transit service. Sharing the cost allows needed bus service to come online sooner than would be possible without the partnership. In 2008, the City entered into an agreement with King County Metro to provide 1 Public Works Committee Minutes 4 August 3, 2015 new bus service in the City of Kent. The City agreed to pay one third of the operating costs of the new Route 913 and King County agreed to pay two thirds of the operating costs. In 2011, Routes 913 and 918 were combined in order to reduce operating costs while preserving service. Hardy noted that in 2014 this route served over 43,000 riders. The current agreement will expire in September 2015 and pursuant to the terms of the agreement; the City and King County can extend it for five years. Hardy stated that King County Metro anticipates the City's share will be reduced by seven percent beginning in September 2015, from $132,900 per year to $123,597 per year. Committee member Fincher MOVED to recommend Council authorize the Mayor to sign the Federal/State Transportation Demand Management Implementation Agreement with the Washington State Department of Transportation, subject to final terms and conditions of the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 2 - 0. Item 8 — Information Only/ &Occupation Update: Bill Thomas, Street Superintendent and Dave Brock, Operations Manager gave an informative PowerPoint presentation updating committee members on the 2015 Business and Occupation (B&O)projects that have been completed or are currently in progress. Thomas noted that staff is busy putting together a proposed list of B&O projects for 2016 and will be bringing it to them for their consideration at an upcoming meeting. Information Only/No Motion Required The meeting was adjourned at 4:35 p.m. Cheryl Viseth Council Committee Recorder 2 5 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 err/ T � t � Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 11, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 17, 2015 From: Kelly Casteel, Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with GEI Consultants, Inc. for Briscoe-Desimone Levee Reach 4 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GEI Consultants, Inc. in an amount not to exceed $47,688 to provide engineering services for the Briscoe-Desimone Levee Reach 4 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Briscoe-Desimone Levee is located along the Green River between South 180th Street and South 200th Street. Reach 4 of this levee is located within the city limits of Kent and provides flood protection for the cities of Kent, Tukwila and Renton. In 2011, the City, in conjunction with the King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of District funds and assigned responsibility for design and construction of the project to the City of Kent. The City is continuing to pursue accreditation of the Briscoe-Desimone Levee from the Federal Emergency Management Agency (FEMA). As part of this accreditation effort, the City prepared a Conditional Letter of Map Revision (CLOMR) which identified 4 areas, or reaches, of the levee that do not meet current FEMA standards. These areas will be repaired utilizing sheet piles to construct a secondary floodwall. At the August 4, 2015 Council meeting, the construction contract for Reach 4 was awarded to Razz Construction. Under this consultant services agreement, GEI will provide construction engineering support for Reach 4. Exhibit: Consultant Services Agreement with GEI Consultants, Inc. Budget Impact: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD. 6 This page intentionally left blank. KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GEI Consultant's Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GEI Consultant's Inc. organized under the laws of the State of California, located and doing business at 180 Grand Ave., Suite 1410, Oakland, CA 94612, Phone: (510) 350- 2900/Fax: (510) 350-2901, Contact: Alberto Pujol (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering support for the construction phase of the Briscoe- Desimone Levee Improvements Reach 4 project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Seven Thousand, Six Hundred Eighty Eight Dollars ($47,688.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibits A and B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 8 A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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 Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant 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. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of 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. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's willfully wrongful acts or negligent performance of this Agreement. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 9 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 Consultant 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 Consultant's part, then Consultant 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 Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. 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 CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 10 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 VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as 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 Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 11 K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: 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: CONSULTANT: CITY OF KENT: Alberto Pujol Timothy ]. LaPorte, P.E. GEI Consultants, Inc. City of Kent 180 Grand Ave., Suite 1410 220 Fourth Avenue South Oakland, CA 94612 Kent, WA 98032 (510) 350-2900 (telephone) (253) 856-5500 (telephone) (510) 350-2901 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GEC-Briscoe-0eslmone Levee J/Ces@el CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 12 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 13 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 14 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 15 G E I COnaW[ants Gen.dn,;�l July 27, 2015 Envimnmental w""`'uoio"`i Ms.Kelly Casteel City of Kent Public Works Department 220 Fourth Avenue South Kent,WA 98032 Re: Scope and Cost Estimate for Construction Phase Engineering Support Reach 4 Briscoe-Desimone Levee Improvements Dear Ms. Casteel: This letter presents our proposed scope and budget estimate for Construction Phase Engineering Support for the Reach 4 Briscoe-Desimone Levee Improvements. The proposed levee improvements in Reach 4 include constructing two concrete floodwalls (referred to in the plans and herein as the Floodwall and the Access Road Wall)to address freeboard deficiencies near the upstream end of the reach at the S. 20&Street Bridge. The Floodwall will be about 178 linear feet with the stem located approximately 3 to 4 feet landward of the landside edge of the paved levee trail. The upstream end of the Floodwall will abut the MSE wall retaining the S. 2OOth Street Bridge east abutment. The downstream end of the Floodwall will connect to a bollard flood gate which will connect to the upstream end of the Access Road Wall. The Access Road Wall will be about 95 feet long and the stem will be located approximately 16 feet landward of the Floodwall stem, and will run roughly parallel to the Floodwall stem. The Access Road Wall will retain soil for an access ramp from the landside toe of the Floodwall to the top of the levee embankment. The top of the Floodwall and the portion of the Access Road Wall downstream of Sta. 10+00 will be at or above the 0.2%-aimual-chance flood level plus 3 feet of freeboard. We will work closely with the City and our structural engineering subconsultant, Shearer Design, LLC,to provide engineering support during construction in regards to the following design elements: • Steel Sheet Piles • Subgrade preparation and earthwork activities • Reinforced concrete walls and footings • Hand Railings • Floodgate Scope of Services We propose to perform the following scope of services: • Attend an early construction meeting to review the City's needs and expectations and meet project personnel. www.gei cu n s n 1 to nts.c.o m GLI Consultants,Mc. 180 Gmnd Ave,Suite 1410,Oakland,CA 94612 510.350.2900 &.510.350.2901 16 Ms. Kelly Casteel 2 July 27, 2015 • Participate in select construction meetings by conference call. Participation will be limited to meetings where discussion of the following activities will be a significant topic of the meeting: o Pre-Construction Inspection Activities o Sheet Piles o Concrete floodwalls o Hand Railing o Associated Earthwork o Floodgate o Wall and earthwork construction adjacent to 200a'Street Bridge • Support the City in reviewing contractor submittals with significant engineering content, including contractor work plans and proposed materials for earthwork, sheet piles installation, concrete walls,hand railing,earthwork and floodgate. • Review material certificates and QC and QA test reports for fill, concrete and other items associated with the work outlined above. • Support City in reviewing and responding to RFI's that involve significant engineering content. • Participate onsite at the startup of the following construction activities: o Sheet Pile Installation o Associated Earthwork o Concrete footing and wall construction o Hand Railing The purpose of the onsite participation at the startup of these activities is to evaluate site conditions and construction procedures to confirm they are consistent with design assumptions. • Support City in reviewing change order requests if desired by the City. • Support City with evaluation of contractor claims if needed. • Perform design evaluations and prepare design modifications as required to conform design to conditions exposed during construction. • Assist the City in reviewing As-built Drawings prepared by the City or the Contractor as requested. Materials testing, daily inspections, and other construction management duties are not included in this scope.We have assumed that they will be performed by the City's construction management personnel and an inspection/testing firm. 17 Ms. Kelly Casteel 3 July 27, 2015 Schedule We understand the project is currently out to bid with an expectation that construction will begin in September 2015. We expect construction will be substantially completed by November 2015. Cost Estimate The proposed scope and level of effort are dependent on actual project duration,contractor activities, submittals,requests for information, and other items outside our control. For budgeting purposes, a preliminary breakdown of the estimated costs is included in the table below. We will not exceed the total estimated amount of$47,688 without your written authorization. Staff: Project Nickerson Pujol GEI GEI Shearer Engr. Labor Direct Design Total Rate: $126 $225 $253 Total Expenses Subcontract Meetings and Cont Calls 8 8 2 $3,314 $0 $3,314 Submittal/RFI Review 8 16 1 $4,861 $0 $4,861 Review QA/QC Documentation 8 4 1 $2,161 $0 $2,161 ' Const. Site Visit 12 4 1 $2,665 $2,000 $0 $4,665 Support CO Request 2 2 2 $1,208 $0 $1,208 Support Claims Request 1 2 1 $829 $0 $829 Design Modifications 4 6 2 $2,360 $0 $2,360 ReviewAs-Builts 4 8 2 $2,810 $0 $2,810 '. Shearer Subcontract 4 2 $1 406 $21,262 $22,668 Project Management g 4 $2,812 $0 $2,812 Subtotals $24,426 $2,000 $21,262 Suggested Budget $47,688 Conditions Our services will be provided in accordance with previously negotiated contract terms and conditions for the Briscoe-Desimone Levee. We will perform the above scope of work on a time and materials basis. Invoices will be submitted monthly based on the service performed as of the end of each billing period. GEI's billing rates for 2015 are included in Attachment B. 18 Ms. Kelly Casteel 4 July 27, 2015 Closing Thank you for the opportunity to submit this scope and cost estimate. We look forward to continuing to work with you on this project. Please call me at 510-350-2908 or Jim Nickerson at 781-712-4023 if you have any questions. Sincerely, GEI CONSULTANTS,INC. W Alberto Pujol,P.E. Vice President,Project Manager Attachment: A-Shearer Design Letter of Scope B—GE12015 Fee Schedule C: Jim Nickerson I I MIDATW012112114d Briscoe De,m.,Ie Rudd IDesi6ndProjcet MenogemenllProposal for Rech4 CMSnppon%SwpaBudga Bns eDesimone Renoh4CMSupport2015 01 22docx 1 L ATTACHMEN 9A SHEARER DESIGN LLc.SHEARER •••, ue• Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#B Seattle,WA 98103 (206)781-7830 July 17, 2015 GEI Consultants, Inc. 180 Grand Avenue, Suite 1410 Oakland, CA 94612 Subject: Kent Briscoe-Desimone Levee Improvements Construction Support Reach 4 Attn: Alberto Pujol, P.E., G.E. and Jim Nickerson P.E. Dear Jim; We are happy to provide continued engineering services for the Kent Briscoe-Desimone Levee Improvement Project. This attached scope pertains to Construction Support for Levee Reach 4. As discussed I believe the best way we can support the project is in the following areas: Task 1.1 Pre-Construction Meeting This task will cover the review of the current bid documents and attendance at the pre- construction meeting. Task 1.2 RFI &Shop Drawings Under this task we will review and comment on project submitted shop drawings and request for information (RFI) from the Contractor that pertain to drawings prepared by Shearer Design in the bid set. I Areas Covered • Retaining Wall • Stop Logs • Railing • Materials Task 1.3 Routine Inspections This task will cover onsite inspections for compliance with the bid documents or for construction problem solving. Areas Covered • Cap Beam • Wall Reinforcing Task 1.4 Administration This task will cover the general project coordination and project meeting points. Included will be: • Conference calls with GEI to discuss the project progress. • Communicate periodically through the advancement of the construction to discuss any interim results, challenges and directions. \\SHEARERSERVER\D-Drive\ADMIN\Job Contracts\C-0219 Kent Levee\Contract\0219 Scope 6 Construction Support Reach 4.docx i 20 SHEARER DES113N t_r,ca SHEARER DESIGN ac Om OM Bridge Design, Construction Engineering and Infrastructure Aesthetics 3613 Phinney Ave N#B Seattle,WA 98103 ... (206)781-7830 Items not included in this proposal. Full time onsite inspection (Assumed to be City of Kent). Materials testing services. Please see the enclosed spreadsheet for a summary of our estimated cost& hours for this phase of the project. We look forward to working with you again on this project. If you have any questions please feel free to call. Sincerely, David R. Shearer S.E. Principal SHEARER DESIGN I it I III 11SHEARERSERVERID-Dfive�ADMIN1Job ContractslC-0219 Kent LeveelContracll0219 Scope 6 Construction Support Reach 4.docx III 21 I m Z i I of ai , i rn 'm QI t11 UI N'. c I I v' m Yi L O Y 1 U — o LIC m 1C7 inc E LU I F- w vi Y C l o Q E G � o o w F W C Fa Z o OND O O = LU n' C N e (9 M t9 fli w p a w 9 QV m N N I 100 m O N N Oi o O o W N do CNJ M j a N y F La N J m C o CIS C C O R N d d�N N r plc C m {p m of O OI N qIN C a � o may E 0 42 L � N� c N U qS I. F m mad ai u x. o. oa U a ,gLL6wl rq O I � 1 Reach 4 Construction Support /'1TTAC H I V I I V t FEE SCHEDULE AND PAYMENT TERMS FEE SCHEDULE Hourly Billing Rate Personnel Cateaory $per hour Staff Professional—Grade 1 $ 104 Staff Professional—Grade 2 $ 114 Project Professional—Grade 3 $ 126 Project Professional—Grade 4 $ 141 Senior Professional—Grade 5 $ 167 Senior Professional—Grade 6 $ 190 Senior Professional—Grade 7 $225 Senior Consultant—Grade 8 $253 Senior Consultant—Grade 9 $312 �, Senior Principal—Grade 10 $312 ----------------------------------------------- Senior CADD Drafter and Designer $ 126 CADD Drafter/Designer and Senior Technician $ 114 Technician,Word Processor,Administrative Staff $ 94 Office Aide $ 73 These rates are billed for both regular and overtime hours in all categories. Rates will increase up to 5%annually, at GEI's option,for all contracts that extend beyond twelve(12)months after the date of the contract.Rates for Deposition and Testimony are increased 1.5 times. OTHER PROJECT COSTS 8% Subconsultants, Subcontractors and Other Proj xpenses - All costs for subconsultants, subcontractors and other project expenses will be billed at cost plus a 1 o service charge. Examples of such expenses ordinarily charged to projects are subcontractors; subconsultants: chemical laboratory charges; rented or leased field and laboratory equipment;outside printing and reproduction;communications and mailing charges;reproduction expenses; shipping costs for samples and equipment; disposal of samples;rental vehicles;fares for travel on public carriers; special fees for insurance certificates, permits, licenses, etc.; fees for restoration of paving or land due to field exploration, etc.; state sales and use taxes and state taxes on GEI fees. i Billing Rates for Specialized Technical Computer Programs—Computer usage for specialized technical programs will be billed at a flat rate of$10.00 per hour in addition to the labor required to operate the computer. Field and Laboratory Equipment Billing Rates — GEI-owned field and laboratory equipment such as pumps, sampling equipment, monitoring instrumentation, field density equipment, portable gas chromatography, etc. will be billed at a daily,weekly,or monthly rate,as needed for the project.Expendable supplies are billed at a unit rate. Transportation and Subsistence-Automobile expenses for GEI or employee owned oars will be charged at the rate per mile set by the Internal Revenue Service for tax purposes plus tolls and parking charges or at a day rate negotiated f for each project.When required for a project,four-wheel drive vehicles owned by GEI or the employees will be billed at a daily rate appropriate for those vehicles. Per diem living costs for personnel on assignment away from their home office will be negotiated for each project. PAYMENTTERMS Invoices will be submitted monthly or upon completion of a specified scope of service, as described in the accom- panying contract(proposal,project,or agreement document that is signed and dated by GEI and CLIENT). Payment is due upon receipt of the invoice. Interest will accrue at the rate of 1%of the invoice amount per month,forI' amounts that remain unpaid more than 30 days after the invoice date. All payments will be made by either check or electronic transfer to the address specifi by GEI and will include reference to Ohl's invoice number. - 45 days Fee Schedule 2015 ATTACHMENT A 23 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control District shall be named as an Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. 24 EXHIBIT C (Continued) B. I14iiiniiirmuirn Airnoanirnts of :Unsanrairnce Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $2,000,000 per accident. 3. Professional Liability (Errors & Omissions) insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Othier :I:irnsanrairnce IProviisiioins The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 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, King County Flood District and King County shall be named as an additional insureds 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. 25 EXHIBIT C (Continued) D. Coimbra tor's :Unsuiiraim a for OtIheir ILosses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Sulbirogatioin The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. IF., Accelptalbillity of ;I;un uair it Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. V iriiffiic atiioin 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. SuIbcointiractoirs 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. 26 This page intentionally left blank. 27 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 rz�xti Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 11, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 17, 2015 From: Kelly Casteel, Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Consultant Agreement with GeoEngineers for Engineering Services for Briscoe-Desi mone Levee Reach 4 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. in an amount not to exceed $57,541 to provide engineering services for the Briscoe-Desi mone Levee Reach 4 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Briscoe-Desimone Levee is located along the Green River between South 1801h Street and South 2001h Street. Reach 4 of this levee is located within the city limits of Kent and provides flood protection for the cities of Kent, Tukwila and Renton. In 2011, the City, in conjunction with the King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of District funds and assigned responsibility for design and construction of the project to the City of Kent. The City is continuing to pursue accreditation of the Briscoe-Desimone Levee from the Federal Emergency Management Agency (FEMA). As part of this accreditation effort, the City prepared a Conditional Letter of Map Revision (CLOMR) which identified 4 areas, or reaches, of the levee that do not meet current FEMA standards. These areas will be repaired utilizing sheet piles to construct a secondary floodwall. Sound Engineering practices dictate that aggregates, asphalt, and cement/concrete, be tested by a geotechnical laboratory to assure the construction materials meet contract specifications. Materials analyses require a laboratory with certified testing equipment that the city does not own. On-site, nondestructive density and moisture content tests are also necessary for quality control and quality assurance. GeoEngineers has the appropriate certifications and expertise to perform these duties and was selected based upon their qualifications. City staff will perform all other construction inspection and construction management duties. There are no equivalent firms within the city limits of Kent. At the August 4, 2015 Council meeting, the construction contract for Reach 4 was awarded to Razz Construction. Under this consultant services agreement, GeoEngineers will provide materials testing and inspection services related to this project. Exhibit: Consultant Agreement with GeoEngineers, Inc. Budget Impact: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD. 2s This page intentionally left blank. 29 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction observation, consultation, and documentation for the Briscoe-Desimone Levee Improvements Reach 4 project . For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifty Seven Thousand, Five Hundred Forty One Dollars ($57,541.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) 30 A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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 Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant 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. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of 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. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant's professional services only, Consultant's duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 31 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant 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 Consultant's part, then Consultant 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 Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 32 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 VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as 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 Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. 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. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 33 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: 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: CONSULTANT: CITY OF KENT: Lyle Stone Timothy ]. LaPorte, P.E. GeoEngineers, Inc. City of Kent 1101 S. Fawcett Ave., Suite 200 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 383-4940 (telephone) (253) 856-5500 (telephone) (253) 383-4923 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers-Briscoe-Deslmone 3/Ces@el CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) 34 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 35 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 36 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 37 EXHIBIT A GEOENGINEERS, INC. BRISCOE-DESIMONE LEVEE IMPROVEMENTS REACH 4 CONSTRUCTION OBSERVATION AND CONSULTATION GREEN RIVER, RIVER MILE 16.91 T016.99 KENT,WASHINGTON DULY 20,2015 FILE NO. 0410-176.02 INTRODUCTION The purpose of our services is to provide construction observation, consultation, and documentation for the construction of certain improvements to the Desimone and Briscoe levees on the Green River. The project is divided into four sections, Reaches 1 through 4. Improvements to Reaches 1 through 3 have been completed. During this final phase, improvements to Reach 4 will be constructed. Construction will include installing sheet pile and concrete l-Walls, placing levee fill,regrading river bank slopes,constructing a new trailhead parking lot, and repaving the river trail. Project plans and specifications were prepared by GEI Consultants (GEI) and the City of Kent. We understand that GEI is the geotechnical engineer of record and will review contractor submittals,contractor requests for information (RFIs), and design changes as needed. GeoEngineers will be the City's on-site representative to observe and document construction activities.Our role will be to provide material testing, daily inspections, and construction management duties not included in GEI's scope of services. SCOPE OF SERVICES Our specific scope of services for the Desimone and Briscoe Levee Construction includes: 1. Attend construction coordination meetings as required and requested.We budget for Lyle Stone(Senior Engineer)attending four on-site construction meetings during the project. 2. Provide full-and part-time construction observation services to support the City of Kent's construction inspector. It is anticipated that we will be required to be on site full time during sheet pile installation and fill placement.We will coordinate our site visits with the City of Kent's lead construction inspector. Our observations will be documented in daily field reports.We have based our construction observation budget on 30 full-time days (8.5 hours)on site and 10 part-time days(4 hours)on site. 3. Provide soil and aggregate laboratory testing. We will provide testing of fill materials including sieve analyses,and maximum density determinations(Proctor Tests).We have budgeted for 10 percent fines determinations, 10 sieve analyses, and 10 Proctor Tests. 38 i City of Kent July 20,2015 Page 2 4. Provide construction consultation as requested. 5. Prepare a summary of our tests and observations at the end of construction for inclusion with levee inspection documentation. US:GHS:tt Attachment: Exhibit B Fee Estimate Disclaimer;Any electronic.form,facsimile or hard copyof the original document(email,text,table,and/orfigure),if provided,and anyaltachments are only a copy of the original document.The original document is stored by GeoEagineers,Ina and will serve as the official documentef record. Copyright©2015 by GerrEngineers,Inc.All rights reserved. GWENGINEERS File No.041D IMOz 39 LU w z 0 y m o N •-� m m o o m �n w � m 06 E Ei E E E mley w oi,f' p d3 o i"J oi+f' S � N � p� C w f 3 K e01 O N ry N� QS t3 a E y C O an: N O O O ® ~ c W �a � ® N w C7 Lu .� hfd yGj N o cal ON .O-I _ N IpO z ® 2 69f c 0 A O N C ; d �1 LL N 0 0 0 = o x° a E � w Om LL m O r m L LL 40 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City, King County and the King County Flood Control District shall be named as an Additional Insureds under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City, the District and the County. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. + 4. Professional Liability (Errors & Omissions) insurance appropriate to the Consultant's profession. 41 EXHIBIT C (Continued) B. I14iiiniiirmuirn Airnoanirnts of :Unsanrairnce Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $5,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $5,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of at least $2,000,000 per accident. 3. Professional Liability (Errors & Omissions) insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Othier :I:irnsanrairnce IProviisiioins The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 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, King County Flood District and King County shall be named as an additional insureds 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. 42 EXHIBIT C (Continued) D. Coimbra tor's :Unsiuiraim a for OtIheir ILosses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Sulbirogatioin The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. IF., Accelptalbillity of ;I;un uair it Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. V iriiffiic atiioin 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. SuIbcointiractoirs 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. 43 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: August 11, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 17, 2015 From: Stephen Lincoln, P.E., Engineer II Through: Chad Bieren, P.E., City Engineer Subject: Consultant Services Agreement with AECOM - Upper Mill Creek Dam Improvements Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with AECOM in the amount not to exceed $64,127.56 to provide additional design services related to the Upper Mill Creek Dam Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Upper Mill Creek Dam Improvement Project is a high priority project intended to provide flood risk reduction to downtown Kent. In 2011 the City entered into an agreement with the URS Corporation to design these improvements. The URS Corporation has since merged with the AECOM Technology Corporation, and now operates as part of AECOM under the AECOM brand. As work in the design with URS began, it was determined that the original concept for the dam improvements could not be accomplished without impacts to both 104th avenue and the wetlands of the Upper Mill Creek Reservoir. This resulted in changes to the structural and geotechnical design of the wall as well as work related to wetland buffer impacts and mitigation to meet our city codes. This contract will allow AECOM to continue working on the project, with focus on obtaining permits from the Department of Ecology and the Army Corps of Engineers. These permits are long lead time items required to construct the dam improvements. A future contract will likely be required to complete the, design and construct the project improvements. Exhibit: AECOM Scope of Work and Fee Proposal Budget Impact: Funding for this contract amendment will come from the drainage fund and grants from the King County Flood Control District. 44 This page intentionally left blank. 45 Exhibit A PROFESSIONAL ENGINEERING SERVICES UPPER MILL CREEK DAM IMPROVEMENTS SCOPE OF WORK August 14, 2015 The City of Kent (City) prepared a Drainage Master Plan (DMP) in September 2008 and the flood capacity of Upper Mill Creek storage facilities was reviewed. "High" priority was assigned to these facilities because flooding of these structures may cause risks to public safety, major roadway transportation, emergency vehicle access, business community, and water quality. The City and URS Corporation (now AECOM) entered into a contract agreement in December 2011 to provide professional engineering services for the Upper Mill Creek Dam Improvements project (December 15, 2011). The project included upgrading the Upper Mill Creek Dam (dam) and replacing the upstream diversion structure to increase the flood storage and capacity of the Upper Mill Creek Pond. Work under the original contract included the period from December 2011 to December 2013. The original contract was amended two times: Amendment 1 extended the contract end date to December 2014 and Amendment 2 extended the end date to December 2015. Neither Amendment 1 nor Amendment 2 included budget increases. A new contract is needed to allow for additional scope and budget for design and permit support. Design is needed as a result of unknown site conditions at the existing dam, which became apparent once the design was underway, as well as a revised design approach (which changed from an earthen dam to a structural wall to aid in permit acquisition and to avoid conflicts with the adjacent roadway). Also a new contract is needed to provide permit support for the mitigation site, including delineation and archaeological resource review. The mitigation site was recently identified by the City and is located within the same watershed as the proposed project. This document includes three main sections that describe: • Status on the existing contract; • Project work elements on this new contract; and • Potential future contract amendment. STATUS ON THE EXISTING CONTRACT The following tasks were included in the original scope of work. Status on each task under the original contract is listed in bullet form below. • Task 1 — Project Management o Task is over budget due to a longer contract period (4 years actual versus 2 years planned). o Budget allocated in new contract is for the amount of the overage plus new work for the wetland mitigation site described under"Project work elements on new contract." IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMII�UllIIIIIIIIIYF(/%//Lf0////////f,,, 1 46 Exhibit A • Task 2 — Geotechnical Investigation & Report o Task is over budget due to the items listed below; further detail is provided under 'Project work elements on new contract': Geotechnical Investigation and Report required additional field and laboratory work (Budget modification request 3/13/2012). Geotechnical/Mechanically Stabilized Earth (MSE) Wall Investigation (Budget modification request 2/25/2013) to determine existing materials within the dam and evaluate their strength and resulting dam stability. Design calculations needed to strengthen the existing MSE wall. o Task will be complete, pending this contract agreement. No additional geotechnical investigation-related work is anticipated. • Task 3—Wetland Investigation & Reporting o Additional wetland investigation was needed at the dam outlet (Budget modification request dated 11/27/2012). This work is described under "Project work elements on new contract." o Task will be complete pending this contract agreement. • Task 4—Archaeological Investigation & Cultural Resources Report o Task is complete. • Task 5— Hydrology & Hydraulics Data/Model Review o Task is complete. • Task 6—Survey Coordination & Base Map Review o Task is complete. • Task 7— Dam Improvements Alternatives Analysis o Task is complete. • Task 8— Dam Design and Outlet Works o Task is at 90% design level, except for electrical and mechanical engineering, which will be initiated following permit review. o Additional structural analyses were needed related to the existing MSE wall. o Also, an earthen dam was assumed in scoping, which is less complex. The structural parapet wall design was selected by the City to limit wetland impacts, expedite the construction schedule, and avoid conflicts with the adjacent roadway. o Additional work needed for the 90% design is included under "Project work elements on new contract." o A future contract amendment may be necessary based on permit review, and structural, mechanical, and electrical design needs (see 'Potential Future Contract Amendment'). • Task 9— Diversion Design o Task is at approximately 30% design level, awaiting permit review. o Work remaining includes structural, calculations and fish screen design (see 'Potential Future Contract Amendment'). • Task 10— Construction Plan Drawings o Construction plans for the Dam are at 90% design level with need for some additional details. Mechanical and electrical engineering will be initiated following permit review. o Diversion Structure Plans are at 30%, pending permit review. o See 'Potential Future Contract Amendment' for drawing needs. • Task 11 — Specifications (task has not been started). • Task 12 — Construction Cost Estimates (task has not been started) • Task 13— Construction Schedule (task has not been started). • Task 14— Support for JARPA Permitting o Permit Support Meetings were necessary (Budget modification request 2/5/2013). IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMII�UllIIIIIIIIIYF(/%//Lf0////////f,,, Z 47 Exhibit A o Work associated with the wetland mitigation site includes wetland delineation, cultural resources and development of a mitigation plan. This work is described under "Project work elements on new contract." • Task 15— Support for Dam Safety Permitting o Draft report was submitted in January 2014. o AECOM recommends submitting the report and awaiting regulatory comments prior to negotiating additional scope for this task as it may not be necessary. • Task 16— Bidding Support (task has not been started). PROJECT WORK ELEMENTS ON NEW CONTRACT The following tasks are included in the original scope of work. • Task 1 — Project Management • Task 2 — Geotechnical Investigation & Report • Task 3—Wetland Investigation & Reporting • Task 4— Dam Design and Outlet Works • Task 5— Support for JARPA Permitting The following scope of work describes the work needed for each project task. Task 1 — Project Management Project activities will be coordinated and directed with the goals of completing all work within budget, schedule and City objectives and expectations. Coordination and liaison with the City will be on a regular basis to ensure that these objectives are met. Progress, schedule and budget will be monitored weekly during intense periods of work. Invoices will be generated every four weeks. Monthly progress reports will be completed as cover letters for invoices. They will summarize work completed during the period of work and show used and available budgets. Potential out-of-scope items will be addressed after being reviewed for their viability and impact to the project. AECOM will be responsible for the quality of our work and will ensure that in-house quality control and technical reviews are conducted for all AECOM deliverables prior to submittal to the City for comment and review. The in-house review will be conducted and documented for all submittals. Work includes project management scope and budget for January 2014 to June 2015. Also included is project management support associated with the wetland mitigation site. It is assumed that the work on the mitigation plan will cover the period from August 2015 to October 2016. Deliverables: • Monthly status reports/invoices. Task 2 — Geotechnical Investigation & Report In 2012, a geotechnical field program was conducted to evaluate the foundation soils for the dam and diversion structures. A geotechnical report was prepared in March 2012. Additional scope and budget for the geotechnical investigation and report is needed to plan and perform the IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMII�UllIIIIIIIIIYF(/%//Lf0////////f,,, 3 48 Exhibit A drilling for the geotechnical investigation. The contract budget was based on a contractor being able to drive to the boring locations; however, a drill rig had to be lifted over the dam in order to obtain the data necessary to evaluate fill within upstream of the dam. Additional items that were needed during the investigation included contacting a number of drilling firms when CPT was not feasible (firms: Boretec, Geologic Drill, Cascade, Boart-Longyear) as well as lifting company (NW Excavating); prepared a critical lift plan; conducted two site visits to coordinate drilling and lift (one was anticipated). During drilling we encountered soft, organic soils. The result was a need to run more tests than anticipated. The original contract assumed 6 sieve tests and 2 Atterberg Limit tests. The actual testing conducted included: 1. Moisture content: 16 tests; 2. Bulk density: 2 tests; 3. Particle size analysis (sieve analysis and percent passing the No. 200 sieve): 13 tests; 4. Atterberg Limits: 5 tests; and 5. Organic content: 3 tests In January 2013, an additional site investigation and evaluation was conducted for the existing mechanically stabilized earth (MSE) wall. This task provided follow up to the Technical Memorandum prepared by URS on January 28, 2013 regarding the existing strength of the dam related to the unknown characteristics of the geotextile material used in the construction of the MSE section of the dam in 1989. The type of stabilizing fabric used in the MSE wall construction is not specified on the 1989 drawings and only one reference to the material is cited in the Periodic Dam Safety Inspection Memo prepared by the Department of Ecology Dam Safety Office in July 2009, which reported that Mirafi 600X material was used. Geotechnical wall stability analyses were conducted by URS under the original scope of work for this contract based on published material properties for the Mirafi 600X for the existing and proposed wall configuration. For both configurations, the resulting factors of safety suggest that there may be potential instability. In order to identify the material, evaluate the existing and proposed wall stability, and make recommendations for design, the City and URS agreed that collecting a sample of the material for inspection and testing was needed. Work included two sub-tasks: 1) Field and Laboratory Work, and 2) Evaluation and Recommendations. Field and Laboratory Work URS provided a senior geotechnical engineer on-site while the City provided equipment to isolate geotextile within the existing MSE wall. URS prepared a trip report to document the observations during the investigation. Work included identifying locations in the field for taking sample of the existing fabric. Three fabric samples of approximately 2 square meters each were collected. The following assumptions were included: • The City to provide equipment for the investigation. • One field trip (including mileage and expenses). • URS coordinated with a Mirafi representative to determine if the sample can be identified as a Mirafi 600X or other Mirafi product. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMIIUllIIIIIIIIIYF(/%//Lf0////////f,,, 4 49 Exhibit A • The City washed and shipped the samples to the laboratory to be tested in accordance with applicable ASTM specifications and lab recommendations. The following tests were performed: a. ASTM D 4595 Tensile Strength. b. ASTM D 6992 Reduction Factor Determination (creep-rupture). c. URS provided fabric data and loading data for the tests as specified by the lab. • Lab fees are not included in this scope of work. Evaluation and Recommendation Geotechnical wall stability analyses were revised and documented in a technical memorandum for review and coordination with the City. Results would be used to evaluate the existing structure and proposed dam modifications and determine if retrofits or other actions are needed. In 2013 and early 2014, additional design changes were needed to mitigate for concerns related to the existing dam and MSE wall. Additional geotechnical analyses were prepared to evaluate the existing and proposed dam. Calculations are provided as attachments to the Draft Dam Safety Report submitted on January 16, 2014. Deliverables: • 2012 Geotechnical Report • January 28, 2013 Technical Memorandum regarding the existing strength of the dam related to the unknown characteristics of the geotextile material used in the construction of the MSE section of the dam in 1989. • Geotechnical calculations related to the MSE wall stability presented in the Draft Dam Safety Report submitted on January 16, 2014. Task 3 — Wetland Investigation & Reporting In November 2012, additional Wetland Investigation & Reporting was completed and included a wetland delineation conducted at the dam structure outlet (west of 104th AVE SE) using the methods outlined in the currently accepted manuals: • Corps of Engineers Wetlands Delineation Manual (1987). • Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (2010). Field Work Wetland boundaries at the dam structure outlet were located by assessing an area for wetland indicators (hydrophytic vegetation, hydric soils and wetland hydrology). Paired plots were described in at least two areas per wetland type to characterize the wetland and adjacent upland area. Plots were located in areas that are representative of the wetland type being delineated. All wetland boundaries and sample plots were marked in the field with labeled flags. The City of Kent surveyed the wetland boundary flags and sample plots. Each wetland type was classified using "Classification of Wetlands and Deepwater Habitats of the United States" (Cowardin et al, 1979). The wetlands were also classified according to their hydrogeomorphic (HGM) setting (Ecology 2004). Wetland and site conditions were documented IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMII�UllIIIIIIIIIYF(/%//Lf0////////f,,, 5 50 Exhibit A with photographs. All wetlands were rated using the Washington State Wetland Rating System for Western Washington. Report The additional wetland delineation area was added to the draft wetland report prepared for the project. In addition, the figures were updated to include the additional delineation area. Assumptions • The City to obtain permission and facilitate access to the site. • One field trip is assumed. • Wetland investigation associated with the mitigation site is covered under Task 5. Deliverables: • Revised Jurisdictional Waters/Wetland Delineation Report to include at the dam structure outlet (west of 104th AVE SE), 2012. Task 4 — Dam Design This task included the design of the dam improvements. The original budget included the design of an earth filled dam. The structural design was preferred for environmental and schedule related reasons. A structural design is more complex and in this case was made more challenging due to the stability of the existing dam. During design, it was found that the geotextile material in the MSE wall is not strong enough to support the dam raise and a facing wall was needed. Additional structural calculations were conducted for this purpose. These calculations are provided as attachments to the Draft Dam Safety Report submitted on January 16, 2014. Deliverables: • Structural calculations provided as attachments to the Draft Dam Safety Report submitted on January 16, 2014. Task 5 — Support for JARPA Permitting This task will involve providing support to the City for obtaining the necessary Federal, State and local permits for proceeding with construction. The wetland report completed for Task 3 and the Cultural Resources Report completed under Task 4 of our original contract will be used as attachments to the JARPA application. An additional delineation and cultural resource inventory will be completed for the proposed mitigation site. In addition, a mitigation plan and no-effect letter update will be completed. Mitigation Site Wetland Delineation The wetland delineation of the proposed mitigation site will be conducted using the methods outlined in the 1987 Corps of Engineers Wetlands Delineation Manual and the 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMIIUllIIIIIIIIIYF(/%//Lf0////////f,,, 6 51 Exhibit A Wetland boundaries will be located by assessing an area for wetland indicators (hydrophytic vegetation, hydric soils and wetland hydrology). Paired plots will be described in at least two areas per wetland type to characterize the wetland and adjacent upland area. Plots will be located in areas that are representative of the wetland type being delineated. One indicator for each parameter is normally required to consider an area to be jurisdictional wetland. As part of the delineation work, the area will be assessed as to whether or not "normal circumstances" exist on the site. This will include an assessment of antecedent rainfall. The area will also be assessed as to whether or not it can be considered a "problem area' as defined in the Regional Supplement. All wetland boundaries and sample plots will be clearly marked in the field with labeled flags. The City of Kent will survey the wetland boundary flags and sample plots. Each wetland type will be classified using "Classification of Wetlands and Deepwater Habitats of the United States" (Cowardin et al, 1979). The wetlands will also be classified according to their hydrogeomorphic (HGM) setting (Ecology 2004). Wetland and site conditions will be documented with photographs. All wetlands will be rated using the Washington State Wetland Rating System for Western Washington. The ordinary high water mark (OHWM) of the portion of Upper Mill Creek on the proposed mitigation site will be determined during the wetland delineation field work and recorded using a Trimble GPS unit. The OHWM will not be flagged. A separate wetland report will not be written for the proposed mitigation site, but instead included in the mitigation plan. Mitigation Site Cultural Resource Inventory To verify that historic and archaeological resources are not impacted by project activities, AECOM will complete a literature review and record search of the proposed mitigation area, focusing on a one-mile radius surrounding the site. This review will be designed to determine the presence or absence of known archaeological resources and will be conducted utilizing records on file with the Washington Department of Archaeology and Historic Preservation in Olympia, Washington. Following completion of the record search, a complete pedestrian inventory will be conducted of the proposed mitigation area. Fieldwork will be conducted by a crew of one archaeologist over a one-day period, inclusive of travel. During the survey, utilizing transect spacing of no more than 20 meters. As appropriate, shovel probing will be conducted during the course of inventory to better determine the presence or absence of buried cultural materials. In addition, any structures 45 years old or older, will be subject to documentation. A complete report documenting the results of the investigation will be prepared, providing recommendations for additional studies, if warranted. The report will also include specific recommendations for treatment of effects to any archaeological sites or historic structures located within the project area. A draft of the report will be submitted to the City for review before the report is finalized. The final report will be provided in hard copy (5 copies) and electronic form (one CD). IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMII�UllIIIIIIIIIYF(/%//Lf0////////f,,, 7 52 Exhibit A No Effect Letter Update It is assumed that a Biological Assessment will not be required to describe possible effects to threatened endangered species for the Corps of Engineers consultation. A no-effect letter has been prepared. The no-effect letter will be updated with the mitigation site information and updated to reflect current ESA listings. Mitigation Plan Two versions of the mitigation plan will be prepared: draft and final plans. No conceptual mitigation plan will be prepared. Now that the City has chosen a proposed mitigation site, a draft plan will be completed that can be included in the JARPA submittal. The draft plan will lay out the basic mitigation strategy, mitigation site description (including results of wetland delineation), and include an impacts analysis of the project site and discussion of functional lift on the proposed mitigation site. The City will provide the drawings for the mitigation design. The design is anticipated to consist of plantings, minor earthwork, and potentially the installation of large woody debris above the ordinary high water mark. Agency comments are anticipated and will be incorporated into a final version of the mitigation plan. For each submittal, AECOM will provide documents in hard copy (5 copies) and electronic form (one CD with PDF files). The report will include an impact analysis section. It is assumed there will be no more than twelve figures/maps. Assumptions This scope assumes that the City will obtain permission and facilitate access to the site. In addition, it assumes that the blackberries that currently cover the proposed mitigation site will be cleared before field site assessment (wetland and cultural). It is assumed that a nationwide Section 404 permit will be appropriate for this project and that a Corps 404(b)1 Alternatives Analysis will not be required. For the cultural resource inventory of the proposed mitigation site, it is assumed that no cultural resources requiring documentation will be found. It is assumed that the City will prepare the JARPA form and graphics needed for the permit application. It is also assumed that the City will prepare the Coastal Zone Consistency and SEPA documents and any other City permit forms. AECOM will provide information to support the applications. Meetings We will also support the City in meetings with regulatory agencies for the purpose of securing approvals and permits required for construction. AECOM attended a February 2013 site visit with the Washington State Department of Fish and Wildlife and the Muckleshoot Tribe to discuss the plans for the new diversion structure and fish ladder. A daily trip report was prepared following the meeting and transmitted to the City. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMIIUllIIIIIIIIIYF(/%//Lf0////////f,,, 8 53 Exhibit A The following tasks are anticipated: • Participation in two teleconferences, one with the Department of Ecology (Ecology) and one with the US Army Corps of Engineers (Corps). o Prior to the calls, AECOM will attend one pre-teleconference meeting at the City's office to coordinate on permit strategy. o Meeting minutes will be prepared for each call. o If agency schedules allow, we will combine these two calls/meetings into one call/meeting. • AECOM will attend a site visit with the Corps and Ecology to review and discuss the project, anticipated wetland impacts, and proposed mitigation strategy. A daily trip report will be prepared following the meeting and transmitted to the City. • It is also assumed that 8 hours of time will be needed to provide written comment responses to agency questions. Deliverables: • Memo related to the field work associated with the wetland mitigation site (email transmittal). • Draft and final Cultural Resources Report for the wetland mitigation site. The final report will be provided in hard copy (5 copies) and electronic form (one CD). • No Effect Letter Update (email transmittal). • Draft and final Mitigation Plan. The final report will be provided in hard copy (5 copies) and electronic form (one CD). • Meeting minutes for two phone calls with regulatory agencies, Ecology and US Army Corps of Engineers (email transmittal). • AECOM will attend a site visit with the Corps and Ecology to review and discuss the project, anticipated wetland impacts, and proposed mitigation strategy. A daily trip report will be prepared following the meeting and transmitted to the City (electronic submittal). POTENTIAL FUTURE CONTRACT AMENDMENT It is expected that remaining work will be completed under the original contract. Remaining work on the project is described as follows. Following regulatory review, the scope and budget will be revisited to determine if a contract amendment is needed. • Task 1 — Project Management o Additional project management time will depend on the project duration and level of effort required by the City and what is needed to address regulatory review. • Task 8— Dam Design and Outlet Works o Pending regulatory review. o Hydraulic Analyses: • Finalize emergency spillway and water over roadway considerations. • Finalize principal spillway pipes and gates. • Revise plunge pool at the principal spillway (west of 104th AVE) to omit rock riprap. • Design the trash rack system for principal spillway. o Structural Analysis • Principal spillway outlet pipe structural analysis. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMIIUllIIIIIIIIIYF(/%//Lf0////////f,,, 9 54 Exhibit A • Coordination with mechanical, electrical, civil design led by City. o Geotechnical Analysis • Principal spillway outlet pipe filter design. • Emergency spillway outlet channel stability analysis and filter design. • Stability analyses and consolidation settlement considering soft/organic soils under the main dam. • Task 9— Diversion Design o Pending regulatory review. o Hydraulic Analysis • Design the fish screen on the diversion channel. • Design the trash rack and gate on the fish way structure. • Task 10— Construction Plan Drawings (pending regulatory review) o Dam Improvements: • Finalize emergency spillway. • Finalize principal spillway pipes and outlet. • Add trash rack system for principal spillway. • Add principal spillway outlet pipe structural details. • Coordinate structural details with geotechnical, mechanical, electrical, civil. • Add mechanical plan and details for gates and actuators. • Add electrical plan and details for gates and actuators. o Diversion: • Add plan and details for the fish screen on the diversion channel. • Add plan and details for the trash rack and gate on the fish way structure. • Structural plans and details for the diversion structure, box culverts, retaining walls, wing walls, including details for securing gates, trash racks, and fish screens. • Mechanical and Electrical Engineering —the original contract for the diversion structure did not include mechanical or electrical engineering. • Task 14— Support for JARPA Permitting (pending regulatory review) • Task 15— Support for Dam Safety Permitting (pending regulatory review) ESTIMATED SCHEDULE The project schedule will be prepared by the City. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIP111010llIYMIIUllIIIIIIIIIYF(/%//Lf0////////f,,, 10 EXHIBIT A 55 UPPER MILL CREEK DAM IMPROVEMENTS FEE PROPOSAL For:City of Kent Public Works Department By:AECOM(former URS) e 2 — Q oe Job Number:33763338(URS)160414418 (AECOM) w J rc eflB N w _ F 2 Q O W __ m O O q q J d d E jj 2 q V e 2 a 7 _ 0 2 U = Y Z Q E Task Raw Hourly Rate ry Ca Multiplier 2.75 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 2.85 Rate 01000 Project Management January 2014-June 2015 18 17 35 $ 4 395 61 Wetland Mitigation Site(3 month duration) 1 8 12 21 $ 2533 77 Subtotal-Task 01000 56 $ 6,929.38 02000 Geotechnical Investigation&Report Geotechnical Investigation&Report(Budget modification request 3/13/2012). 2 2 8 2 1 15 $ 2316.02 Geotech/MSE Wall Investigation(Budget modification request 2/25/2013). 2 8 16 8 52 2 8 96 $ 12585.62 Additional Geotechnical Design associated with MSE Wall 2 8 18 8 20 56 $ 8,41390 Subtotal-Task 02000 152 $ 23,315.54 03000 Wetlands Investigation&Reporting Additional Wetland Investigation&Reporting 14 3 1 18 $ 2,12998 Subtotal-Task 03000 1 18 $ 2,129.98 04000 Dam Design and Outlet Works Structural(change tom earth to structural wall,upgrade existing MBE wall) 2 1 4 1 16 8 20J84 $ 8 786.68 Subtotal-Task 04000 $ 8,786.68 05000 JARPA Permit Support Additional JARPA Permit Support(Budget Modification Request 2/5/2013) 14 2 $ 5,65258 Draft Mitigation Plan 4 50 $ 925042 Final Mitigation Plan 2 20 $ 4,041 07 No Effect Letter Update 2 $ 1,18537 Delineation of Mitigation Site(will be done under original contract budget) $ Cultural Resource Survey(will be done under original contract budget) $ Meetings 8 $ 2 336 54 Direct Costs $ 50000 Subtotal-Task 05000 $ 22,965.98 Total 7 78 54 32 72 20 70 $ 64,127.56 Page 1 of 1 56 This page intentionally left blank. 57 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: August 12, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 17, 2015 From: Mark Madfai, P.E., Design Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Milwaukee II Levee — Levee Facility Construction and Maintenance Agreement with the Union Pacific Railroad Motion: Move to recommend Council authorize the Mayor to sign the Levee Facility Construction and Maintenance Agreement with the Union Pacific Railroad for the Milwaukee II Levee, subject to final approval by the City Attorney and Public Works Director. Summary: The Milwaukee II Levee segment lies between 3rd Ave. and the west side of the Union Pacific Railroad Embankment and connects the Horseshoe Bend Levee with the Foster Park Levee. A portion of the proposed levee would consist of a levee wall constructed on the east side of the Union Pacific railroad track embankment. Within the railroad right of way the levee would then cross the embankment using concrete jet grouting to connect with the Foster Park Levee on the west side. In this way the levee would be considered continuous by FEMA, which is necessary for accreditation of the levee system. This agreement would allow for the construction and maintenance of the levee within the railroad right of way. Exhibits: Draft Levee Facility Construction and Maintenance Agreement Proposed Levee Alignment Plan Budget Impact: The project would be funded through an interlocal agreement with the King County Flood Control District. 58 This page intentionally left blank. 59 Folder 2780-23 1 $ ro 1- LEVEE FACILITY CONSTRUCTION & MAINTENANCE AGREEMENT Mile Post: 166.05 Seattle Subdivision Location: Kent, King County, Washington THIS LEVEE FACILITY CONSTRUCTION & MAINTENANCE AGREEMENT (this "Contract") is made and entered into as of the day of , 2015 ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad") and CITY OF KENT, WASHINGTON, a municipal corporation of the State of Washington, ("City"). RECITALS: A. In order to improve management of flood conditions, City desires to construct and maintain a levee for the Green River("Levee Facility") on a portion of Railroad's railroad right of way near Mile Post 166.05 on Railroad's Seattle Subdivision, at Kent, King County, Washington. The Levee Facility will tie into and be located under Railroad's existing embankment supporting Railroad's track and will be continuous across the entire railroad right of way. The portion of Railroad's right of way that will be impacted by the Levee Facility ("Premises") is shown and described on the print dated February 22, 2015, and marked Exhibit "A-1", which Premises shall be further defined and limited as more particularly described below. Construction of the Levee Facility is deemed the "Project". B. City also desires the temporary use of a portion of Railroad's right of way for a temporary construction and staging area to accommodate the Project ("Temporary Use Area"). The Temporary Use Area is shown on the print marked Exhibit "A-2". C. Railroad is a"rail carrier" (as defined in 49 U.S.C. §10102(5)under the Interstate Commerce Commission Termination Act of 1995). D. Railroad is agreeable to granting City a right to use the Premises for the purposes of performing the Levee Facility Work (defined below), upon the terms and conditions set forth herein. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: Article 1. PERMITTED USE OF PREMISES; SCOPE OF PREMISES. A. In consideration of the terms and conditions herein contained to be fully kept, DEC-1781494-3 60 observed and performed by City, Railroad hereby grants to City, during the term (unless earlier terminated pursuant to the terms hereof), a revocable license to use the Premises solely for the purposes of constructing, inspecting, operating, maintaining, repairing, renewing, reconstructing, and removing the Levee Facility and for no other purpose (collectively, the "Levee Facility Work"). For the avoidance of doubt, the Levee Facility Work includes all work associated with the Project. The Levee Facility Work shall include, without limitation,the right and obligation of City to cut and remove from, and keep the Premises free and clear of, debris, trash, grass, weeds, bushes and trees. B. In connection with the performance of the Levee Facility Work, City shall not permit any such debris, trash, cut bushes, trees or other vegetation to be abandoned in place or dumped on the Premises or other related property of Railroad. C. Without modifying or expanding the scope of rights granted herein, City shall not place or permit to be placed on the Premises, or on any other related property of Railroad, any flood management items or materials not shown on the 100% Plans (defined below), including without limitation, sandbags, rock, stop logs and stop panels. Such flood management items or materials (or any other improvements) not shown on the 100% Plans are not components of the Levee Facility. D. City acknowledges and agrees that following completion of the Project, the grout curtain and the sheet pile wall components of the Project shall further limit the scope of the Premises as described in this Agreement, as shall more particularly be shown on the 100% Plans. Only the sheet pile wall and grout curtain components of the Levee Facility may encroach into the roadbed, subgrade, and embankment supporting the tracks, and then only (i) as permitted by and shown on the 100%Plans, and (ii)to the extent the same are within the Premises. The portion of the Premises that is within the area occupied by the roadbed, subgrade and embankment shall have an elevation no higher than the top of the grout curtain and sheet pile wall (as measured at any point with reference to such improvements) as permitted by and shown on the 100% Plans, and such improvements once installed shall automatically form the limits of the Premises within such area. For the avoidance of doubt, the portion of the roadbed, subgrade, and embankment area above the top of such grout curtain and sheet pile wall shall not be considered part of the Premises. Additionally, the roadbed, subgrade and embankment are not part of the Levee Facility. E. Railroad hereby grants to City the temporary right to use the Temporary Use Area as a temporary construction and staging area for equipment and material related to the Project. Equipment includes vehicles, tools and machinery. This temporary right to use the Temporary Use Area shall commence on the Effective Date and shall automatically terminate on the earliest to occur of. (1) the date of completion of the Project; (2) the date that is months after the Effective Date; or (3)the date of termination of this Contract pursuant to the terms and conditions contained herein. F. City shall not permit the Premises to be used for any type of public access, including without limitation, a recreational road, path, trail or any access of any kind by members of the public. 2 DEC-1781494-3 61 Article 2. CITY TO BEAR ENTIRE EXPENSE AND WORK RESPONSIBILITY. A. The Railroad has no duty or obligation to construct, inspect, operate, maintain, repair, renew, reconstruct or remove the Levee Facility or perform any Levee Facility Work. City shall bear the sole and entire responsibility to perform all Levee Facility Work. B. Railroad has no duty or obligation to contribute money, labor or other resources towards the construction, inspection, operation, maintenance, repair, renewal, reconstruction or removal of the Levee Facility or any other Levee Facility Work. City shall bear the entire cost and expense incurred in connection with the Levee Facility and all Levee Facility Work, including without limitation, reimbursing Railroad for any and all costs and expenses, liabilities, damages or other charges that may be incurred by Railroad in connection therewith, which shall include without limitation, costs for inspection, flagging and other protective services, labor, direct and indirect additives,materials, supplies, overhead charges, supervision, engineering review, permits, equipment and machinery or otherwise, and which shall be reimbursed by City within sixty (60) days after receipt of billing from Railroad. Article 3. TERMS, CONDITIONS,AND EXHIBITS. A. Exhibits "A-1", "A-2", "B", C", "D" and "E" attached hereto, are hereby made a part of this Contract. 1) Exhibit "A-1" - Print depicting the Premises 2) Exhibit "A-2" —Print showing the Temporary Use Area 3) Exhibit "B" —Additional Terms and Conditions 4) Exhibit "C" - Railroad's Current Form of Contractor's Right of Entry Agreement 5) Exhibit "D" —Railroad's Insurance Requirements 6) Exhibit "E" —Railroad's Special Safety Requirements B. City's use of the Premises is subject to City's compliance with each and all of the terms and conditions set forth in this Contract. Article 4. DEFERRED CONSTRUCTION. City acknowledges that conditions associated with the Levee Facility or Levee Facility Work(including the Project)may cause the complete stabilization (seasoning) of Railroad's track and related facilities to be deferred beyond the completion of the Project or the performance of any other Levee Facility Work, and that Railroad's operations over track and related facilities in the vicinity of the Levee Facility during seasoning periods will impose extraordinary maintenance costs, in the event of caving, sliding, slipping, sinking, failure, deterioration, consolidation or settling of track or related facilities, including without limitation damage to embankments, subgrade, roadbed, rip-rapping, and track alignment, as well as failure, deterioration, settlement and consolidation of tracks or ballast, until a seasoning period is complete. Therefore, City will pay to Railroad, as a part of the consideration for this Contract, all cost of extraordinary maintenance (hereinafter referred to as "Deferred Construction") cireetly­c,, rsed-bythat would not have occurred but for the existence of the the Levee Facility for the performance of the 3 DEC-1781494-3 62 Levee Facility Work (including the Project), and attributed to caving, sliding, slipping, sinking, failure, deterioration, consolidation or settling of track or related railroad facilities in the vicinity of the Levee Facility that occurs during the time period commencing immediately following completion of the Project and/or performance of any other Levee Facility Work, and ending two (2) years thereafter, whether performed by Railroad or its contractor. Railroad's costs of Deferred Construction which City shall reimburse are the extra costs, in excess of normal maintenance costs, of maintaining track and related facilities in accordance with Railroad's standards or American Railway Engineering and Maintenance of Way Association ("AREMA") standards, and will include, without limitation,the costs of aligning and surfacing rail and adding ballast and other stabilizing materials. Article 5. TERM; TERMINATION. A. This Contract shall commence on the Effective Date and, unless sooner terminated as set forth in Paragraphs (B) and (C)below, shall continue in full force and effect as long as the Levee Facility remains on the Premises. B. If City fails to cure a default of this Contract for a period of ninety (90) days after City's receipt of written notice from Railroad to City specifying such default, then Railroad, at its option, may forthwith and immediately terminate this Contract by written notice to City. C. If the construction of the Levee Facility is not completed within three (3)years after the Effective Date, Railroad, at its option, may forthwith and immediately terminate this Contract effective ninety (90) days after written notice to City. D. In the event this Contract is terminated, then Railroad, at its option, may require City to promptly remove the Levee Facility and to restore the Premises to AREMA and Railroad's standards, or to the condition they were in as of the Effective Date, in each case to the satisfaction of Railroad. If City fails to promptly perform such removal and restoration obligations, Railroad may elect to perform the removal and restoration, at City's sole expense. E. Termination of this Contract for any reason shall not affect any of the rights or obligations of the parties hereto that may have accrued, or liabilities, accrued or otherwise, that may have arisen prior to the date of termination. Article 6. [INTENTIONALLY DELETED.I Article 7. DEFINITION OF CITY AND CONTRACTOR. A. For purposes of this Contract, all references in this Contract to the term "City" shall also include City's contractors, and the subcontractors of such contractors, and its or their officers, agents and employees, and others acting under its or their authority during the Project or while performing Levee Facility Work. 4 DEC-1781494-3 63 B. For purposes of this Contract, the term "Contractor" shall mean the contractor or contractors hired by City to perform the Project or any Levee Facility Work on any portion of Railroad's property, and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority. Article 8. CONTRACTOR. A. Railroad hereby consents to City permitting a Contractor to perform work associated with the Project and any other Levee Facility Work and allowing such Contractor onto the Premises, provided that prior to a Contractor entering Railroad's property, City shall require such Contractor to: 1) execute with Railroad Railroad's then current Contractor's Right of Entry Agreement,the current form of which is attached here as Exhibit "C"; 2) obtain the then current insurance required in such Contractor's Right of Entry Agreement; and 3) provide such insurance policies, certificates, binders and/or endorsements to Railroad. B. City confirms that it will inform its Contractor that such Contractor is required to execute Railroad's Contractor's Right of Entry Agreement and obtain the insurance required thereunder before entering on, or commencing any Levee Facility Work (including any work associated with the Project) on Railroad's property. Under no circumstances will a Contractor be allowed on Railroad's property without first executing the then current Contractor's Right of Entry Agreement and obtaining the then current insurance required therein and also providing to Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400Douglas Street, Mail Stop 1690 Omaha, NE 681 79-1 69 0 Attn: UPRR Folder No.2780-23 Article 9. NO CONSENT OR PERMISSION TO CROSS TRACK. This Contract and any Railroad consent or permission stated herein does not permit City or any Contractor to (A) cross any existing Railroad tracks (except at existing public crossings) with vehicles, equipment, or machinery to access the Premises; or (B) access any portion of Railroad's property other than the Premises and Temporary Use Area. City and/or any Contractor shall be required to obtain a separate written crossing agreement directly with Railroad before crossing any such tracks with vehicles, equipment or machinery to perform the Project or any other Levee Facility Work or to access the Premises. 5 DEC-1781494-3 64 Article 10. LICENSE AND DOCUMENT PREPARATION FEE. City shall pay upon the execution and return of this Contract, the nonrefundable sums of THOUSAND DOLLARS ($ ) to cover Railroad's costs to prepare this Contract and THOUSAND DOLLARS ($ ) for the license rights granted to City. Article 11. MODIFICATION — ENTIRE AGREEMENT; TERMINATION OF DRAINAGE FACILITY & WATERWAY AGREEMENT. No waiver, modification or amendment of this Contract shall be of any force or effect unless made in writing, signed by City and Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by Railroad of any default by City shall not affect or impair any right arising from any subsequent default. This Contract (including the exhibits attached hereto and made a part hereof)constitutes the entire understanding between City and Railroad with respect to the Project or other Levee Facility Work and cancels and supersedes any prior negotiations, understandings or agreements, whether written or oral with respect thereto, including without limitation, the Original Agreement. Without limiting the foregoing, this Contract hereby replaces and supersedes that certain Drainage Facility & Waterway Agreement between City and Railroad, dated as of October 8, 2009 (Folder No. 02584-68), and such agreement is hereby terminated and is without further force and effect(except for those provisions in such agreement that expressly survive termination thereof) effective as of the Effective Date. City agrees to execute and deliver any quitclaim deeds or similar releases of right in such agreement or the property burdened thereby, as reasonably requested by Railroad to document such termination._IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the Effective Date. UNION PACIFIC RAILROAD COMPANY By: Printed Name: Title: CITY of KENT, WASHINGTON By: Printed Name: Title: 6 DEC-1781494-3 65 EXHIBIT A-1 TO LEVEE FACILITY CONSTRUCTION & MAINTENANCE AGREEMENT [attached hereto] DEC-1781494-3 66 EXHIBIT A-2 TO LEVEE FACILITY CONSTRUCTION & MAINTENANCE AGREEMENT [attached hereto] DEC-1781494-3 67 EXHIBIT B TO LEVEE FACILITY CONSTRUCTION & MAINTENANCE AGREEMENT Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. a) This Contract is subject and subordinate to the prior and continuing right and obligation of Railroad to use and maintain its entire property (including the Premises and Temporary Use Area), including without limitation, the right or obligation of Railroad to construct, add, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadbed, subgrade, embankment, signal, communication, fiber optics, wirelines, pipelines and other facilities upon, under, over, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to City or to any other party for compensation or damages. b) This Contract is also subject to all outstanding superior rights (including without limitation those in favor of easement holders, licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. It shall be City's sole obligation to obtain such additional permission, licenses and grants necessary on account of any such existing rights. Section 2. PLANS. a) City shall prepare and submit proposed plans showing design, specifications, and methods of procedure for the Levee Facility, Project and any other Levee Facility Work to Railroad for Railroad's approval, in Railroad's sole discretion,prior to commencing the Project and any other Levee Facility Work on Railroad's property. City shall not commence the Project or any other Levee Facility Work on the Premises before the 100%Plans (defined below)for the Project or any other Levee Facility Work have been approved in writing by Railroad's Vice President Engineering-Design or his designated representative. b) "100% Plans" means the final one hundred percent (100%) completed plans, specifications, methods of procedures, and conditions of approval (including, without limitation, the plans, specifications, methods of procedure, and approval conditions for embankment stepping, drainage, shoring, sheeting and excavations affecting Railroad's right of way, other property, operations and railroad facilities)for the Levee Facility,the Project, and any other Levee Facility Work that are approved in writing,by Railroad's Vice President Engineering-Design or his authorized representative. The 100%Plans are hereby made a part of this Contract by reference. c) The Project, and all other Levee Facility Work, shall be performed (or cause to be performed) by City to the satisfaction of Railroad, and in full conformance with the 100%Plans. No changes in the 100% Plans approved by Railroad may be made without the prior written consent of Railroad's Assistant Vice President Engineering-Design or his authorized representative, which consent may be withheld in Railroad's sole discretion. DEC-1781494-3 68 d) Railroad shall have the right, if it so elects, as a condition of plan approval,to itself provide or require City to provide, whatever protection and support Railroad deems appropriate for assuring the safety and continuity of its track and railroad operations and facilities during or after completion of Project and any other Levee Facility Work. In the event Railroad itself provides such protection or support, City shall reimburse Railroad for all expenses incurred by Railroad in connection therewith as set forth in Article 2 of this Contract. Conditions of approval may also include without limitation, City's compliance with standards and specifications developed, endorsed or adopted by Railroad and/or AREMA. e) At Railroad's request and upon completion of the Project, City, at its sole expense, shall furnish to Railroad three (3) sets of reproducible or electronic "as constructed" plans for the Levee Facility. I) Notwithstanding Railroad's review and approval of any plans, Railroad is not responsible for the design, functionality, or permitting of the Levee Facility, the Project or any other Levee Facility work. Railroad's plan review and approval is limited to Railroad's perceived impact of the Levee Facility, the Project and any other Levee Facility Work on track and railroad operations and facilities. Railroad makes no representations or warranty whatsoever regarding the 100% Plans, including without limitation any representations or warranty as to their validity, accuracy, legal compliance or completeness. Any reliance by City or others on the 100%Plans is at the risk of City and such other parties. Section 3. NON-RAILROAD IMPROVEMENTS. a) Submittal of plans and specifications for protecting, encasing, reinforcing, relocating, replacing, removing and abandoning in place all non-railroad owned facilities affected by the Project and/or any other Levee Facility Work, including without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences (collectively, the "Non Railroad Facilities")is required under Section 2. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, AREMA standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action,regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. b) Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with the Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for the Non Railroad Facilities. The Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and City mutually agree in writing to: 2 DEC-1781494-3 69 1. deem the approved Non Railroad Facilities plans and specifications to be a part of the 100%Plans pursuant to Section 2; 2. deem the Non Railroad Facilities work part of the Project work and/or other Levee Facility Work; and 3. supplement this Contract with terms and conditions covering the Non Railroad Facilities, as applicable. Section 4. PERMITS. City, at its sole expense, shall be required to obtain all federal, state and local permits that may be required for the Levee Facility, the Project and any other Levee Facility Work. By executing this Contract, Railroad does not consent to, or subordinate its railroad operations or facilities to, any permit conditions imposed by any government entity. City is not Railroad's agent or authorized to consent to permit conditions on behalf of Railroad. Section 5. CONSTRUCTION, MAINTENANCE AND OPERATION. a) City, at its sole expense, shall keep and operate the Levee Facility in a good, structurally adequate and safe condition. City shall keep the Premises free and clear of vegetation, debris, trash, sediment or obstructive matter which may or could interfere with or impede the proper functioning of drainage, the Levee Facility or Railroad's trains, property, facilities or operations. b) City shall not cross Railroad's track with any equipment except at existing, open public crossings, unless Railroad and City have made a separate written crossing agreement that is in force at the time of crossing the tracks and which allows equipment to cross track to the Premises. When not in use, City's and/or Contractors' equipment and materials shall be kept at least twenty-five (25) feet from the centerline of the nearest railroad track. Equipment includes without limitation vehicles, tools and machinery. c) During the performance of the Project or any other Levee Facility Work, City shall not excavate on any embankment or near the toe of any embankment which supports or stabilizes a track or other railroad facility without prior written plan approval of Railroad. In the event of any instability or settlement of such embankment, track or railroad facility related to any excavation for the Project or any other Levee Facility Work, City, at its sole expense, shall restore Railroad's embankment to its proper grade, slope, composition and dimensions. Railroad may elect to restore such embankment,tracks and railroad facilities using Railroad's work force and material at City's sole expense. d) City shall protect at all times Railroad's personnel, trains, property, facilities and operations, including without limitation the track and all of its support components,from damage related to or arising from the Levee Facility, the Project or any other Levee Facility Work Railroad has the right to require and furnish at City's sole expense all flagging and/or other protection which, in Railroad's sole judgment, are appropriate or desirable for promoting the 3 DEC-1781494-3 70 continuity of railroad operations and/or the safety of Railroad's personnel, trains, property, facilities, and operations. Section 6. NOTICE OF COMMENCEMENT OF WORK, FLAGGING. a) City agrees to notify Railroad's Manager of Track Maintenance for the Seattle Subdivision ("Railroad Representative") at least fifteen (15) days in advance of City commencing the Project or any other Levee Facility Work, and at least thirty(30) days in advance of the proposed performance of any activity or work in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (including without limitation a crane boom) can reach to within 25 feet of any track. In an emergency situation requiring immediate attention, City shall provide as much notice as practicable to Railroad Representative before commencing any work or activity permitted by this Contract, and in no event will City or any Contractor access any Railroad property within twenty-five (25) feet of any track until Railroad advises City it is safe to do so. Equipment includes without limitation vehicles, tools, and machinery. City may call Railroad's Response Management Communication Center ("RMCC") at 1-888-877-7267 during emergency situations for assistance in contacting Railroad Representative. b) Upon receipt of the notice required by Paragraph (a) of this Section 6, Railroad Representative will determine and inform City whether a flagman need be present and whether City need implement any special protective or safety measures. If any flagmen or other special protective or safety measures are performed by Railroad, such services will be provided at City's expense with the understanding that if Railroad provides any flagging or other services, City shall not be relieved of any of its responsibilities or liabilities set forth herein. c) City shall prohibit all work and activity within twenty-five (25) feet of a track's centerline during the times that flagging or other special protective or safety measures required by Railroad Representative are not present or active at the activity or work site. d) City acknowledges that: i) a flagman is paid one and one-half times the current hourly rate for overtime, Saturdays and Sundays; and two and one-half times current hourly rate for holidays. ii) a flagman's wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized government agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, City shall pay on the basis of the new rates and charges. iii) reimbursement to Railroad will be required covering the full eight hour day during which a flagman is furnished, unless he or she can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other work. Reimbursement 4 DEC-1781494-3 71 will also be required for any day not actually worked by said flagman following his assignment to work on the Project or the Levee Facility for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though City may not be working during such time. e) All expenses connected with the furnishing of a flagman or other special protective or safety measures shall be at the sole cost and expense of the Contractor and City. City may elect to have Railroad initially send bills for such expenses to the Contractor. For projects having duration beyond thirty(30) days, Railroad may bill such expenses on an installment basis as work progresses. Railroad and shall have one hundred eighty (180) days to calculate and send final billing for such expenses to City or Contractor after Railroad has been notified in writing by City that the applicable project work has been completed (whether it be work associated with the Project or with other Levee Facility Work). City or Contractor shall pay the progressive and final billing within thirty (30) days after its receipt of billing. City shall pay Railroad for all bills which are initially to be billed to City or which Contractor has not paid,within thirty(30)days after City's receipt of billing. Section 7. REINFORCEMENT, MODIFICATION, RELOCATION OF LEVEE FACILITY. a) This Contract and permission herein provided is subject to the needs and requirements of Railroad in the operation of its railroad and in the improvement and use of its property, and City shall, at the sole expense of City, reinforce or modify the Levee Facility, as Railroad may designate, whenever, in the furtherance of Railroad's needs and requirements, Railroad shall find such action necessary or desirable. b) In connection with the operation of its railroad and/or in furtherance of its common carrier obligations, Railroad in its sole and absolute discretion may, in the future, expand, repair, replace, modify and/or improve its existing facilities on and/or near the Premises. To the extent that such future Railroad expansion or improvement requires the modification or relocation of the Levee Facility, City, at City's sole cost and expense, shall, at Railroad's direction, modify or relocate the Levee Facility in order to accommodate Railroad's activities. c) All the terms and conditions herein expressed with reference to the Levee Facility on the Premises shall, so far as the Levee Facility remains on Railroad's property, apply to the Levee Facility as modified or relocated within the contemplation of this section. Section 8. NO INTERFERENCE WITH RAILROAD'S OPERATION AND SAFETY. The Levee Facility shall be kept in such condition, and all Levee Facility Work(including work associated with the Project)within and outside of the limits of the property of Railroad shall be performed in such a manner, as to prevent any and all interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of Railroad, and nothing shall be done or suffered to be done by City at any time that would in any manner impair the safety thereof. 5 DEC-1781494-3 72 Section 9. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a) Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance because any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City shall telephone Railroad at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the portion of Railroad's right of way to be used by City. If it is, City will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, and will commence no work on Railroad's right of way until all such protection or relocation has been accomplished. b) In addition to other indemnity provisions in this Contract, City shall indemnify and hold Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys'fees, court costs and expenses) arising out of any act or omission of City or the Contractors, or their respective agents and/or employees that causes or contributes to (1)any damage to or destruction of any telecommunications system on Railroad's property, and(2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. City shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 10. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. a) City shall fully pay for all materials, work and labor placed or performed on Railroad's property in connection with the Levee Facility or Levee Facility Work, and shall not permit or suffer any mechanic's or material man's lien of any kind or nature to be enforced against Railroad's property for any labor performed, work done or materials furnished thereon at the insistence or request or on behalf of City. City shall indemnify and hold harmless Railroad against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. b) City shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Levee Facility, to prevent the same from becoming a charge or lien upon Railroad's property, and so that the taxes, charges and assessments levied upon or in respect to Railroad's property shall not be increased because of the location, construction, operation or maintenance of the Levee Facility or any improvement, appliance or fixture connected therewith placed upon Railroad's property, or on account of any City interest therein. Where such tax, charge or assessment may not be separately made or assessed to City, but shall be included in the assessment of Railroad's property, then City shall pay to Railroad an equitable proportion of such taxes, charges and assessments determined by the value of City's property upon property of Railroad as compared with the entire value of such property. Section 11. RESTORATION OF RAILROAD'S FENCES AND FACILITIES. 6 DEC-1781494-3 73 In the event Railroad authorizes City to take down any fence of Railroad or in any manner move or disturb any other facility of Railroad in connection with the Levee Facility or Levee Facility Work, then in that event City shall, as soon as possible and at City's sole expense, restore such fence and other facility to the same condition as the same were in before such fence was taken down or such other facility was moved or disturbed, and in addition to any other indemnification provision of this Contract, City shall indemnify and hold harmless Railroad, its directors, officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including without limitation, attorneys' fees, court costs and expenses) which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other facility of Railroad. Section 12. INDEMNITY. a) As used in this Section, "Railroad" includes other railroad companies using Railroad's property at or near the location of the Levee Facility and their directors, officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and expenses and attorneys' fees, which may result from: (i) injury to or death of persons whomsoever (including without limitation Railroad's, City's and any Contractor's officers, agents, and employees, as well as any other person); and (ii) damage to or loss or destruction of property whatsoever (including without limitation City's property, any Contractor's property, adjacent property and crops, Railroad's embankment, subgrade, roadbed, tracks, equipment, and other property, and property in Railroad's care or custody). b) To the extent it may lawfully do so, City agrees to assume the risk of loss or damage to the Levee Facility and to (i) release, defend, indemnify and hold harmless Railroad from, and (ii) otherwise be directly responsible to Railroad for, any Loss that is due to or arises, in whole or in part, from (1) the construction, inspection, operation, maintenance, repair, reconstruction, renewal, removal, modification, use or existence of the Levee Facility and appurtenances thereto, or any use of the Premises, including without limitation any break in the Levee Facility or any leakage, flow of water or flooding from, through, under or around the Levee Facility, or any other Loss resulting from or related to any property conditions caused by such use or operation on or about the Premises (e.g., negative drainage, standing water or other drainage impacts affecting the Railroad's property that result or arise from the Levee Facility), or(2)City's failure to comply with or perform any of the terms and conditions set forth in this Contract; provided, however, that the foregoing indemnification provisions shall not apply to any claims, damages, costs and expenses that have been fully compensated for through the insurance coverage required of City or Contractor b this Contract.y fr n taunt n*The foregoing assumption of risk and indemnification provisions shall apply in all situations, including without limitation situations where the Loss is cansed in whole or part by Railroad's negligence-of Pam- kErasi-cI=its-Ecfit.turTemgkOyees, t tits Hr-fe1)Y-E.'SE*tlta k e �'4t�H�.i�rcc`rntFdi-�i iir iir 'c31"ri^piiij%ocr�i'rg'b'iit"v�et-r-eI3f84"E9i3t2tt4 E'"i�oiec'a�-1si y'="s .➢ 9' ♦' L1 a° °'1 ,�• tii" "tint?f the «. F n,.,.t, is d., vva'r&'zeriAn-a cr0tH3dBr-<siri c..v r`y v ti c. cn � a c:g-1.�.'cir2ciirxrzmrriei-ry-c`rr Yt'"r-EETi3traEtE?r-Hf efflg&�ye , age ntT, or = sentatiyes except to the extent that the Loss is caused by the sole and 7 DEC-1781494-3 74 direct gross negligence of Railroad. This indemnification provision shall not be construed as waiving any immunity granted to City under state statute, including, but not limited to Chapter 86.12 RCW. c) Any liability of any party hereunder to one of its employees under any Workers' Compensation Act or the Federal Employers' Liability Act shall not be questioned or in any way challenged by the other party, nor shall any jury or court findings, resulting from any employee's suit against either party pursuant to any such act(s), be relied upon or used by either party in any attempt to assert common law liability against the other. Section 13. COMPLIANCE WITH LAWS. City shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Levee Facility and Levee Facility Work. City shall use only such methods as are consistent with the safety of City, Contractor and Railroad, and their officers, agents, employees, Railroad's property, and the public in general. City (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when activity or work is performed on Railroad's property. If any failure by City to comply with, or cause compliance with, any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against Railroad, City shall reimburse and indemnify Railroad for any such fine, penalty, cost or charge, including without limitation attorneys'fees, court costs and expenses. City further agrees in the event of any such action, upon notice thereof being provided by Railroad,to defend such action free of cost, charge, or expense to Railroad. Section 14. SUPERVISION BY CITY. City, at its sole expense, shall fully and closely supervise the Project and the performance of any other Levee Facility Work on Railroad's property. City's responsibility for safe conduct and adequate policing and supervision is not lessened or otherwise affected by Railroad's approval of any plans, Railroad's performance of any work (including without limitation Railroad's collaboration in performance of any Levee Facility Work), or by the presence of Railroad's personnel at or near the Levee Facility, or by City's or a Contractor's compliance with any requests or recommendations made by Railroad's Representative or other Railroad personnel. Section 15. RAILROAD MAY SHUTDOWN WORK AND REMEDY DISTRUPTION. a) Railroad shall have the right to immediately shut down all Levee Facility Work on Railroad's property and require the removal of all persons, material, vehicles and equipment from such property without Railroad incurring any liability to City, Contractor or any other person or entity, if a phase of Levee Facility Work: i) has not been completed, or appears to Railroad that it cannot be completed, within a respective work window that has been approved by Railroad; or 8 DEC-1781494-3 75 ii) is being conducted in an unsafe manner, or in a manner that is inconsistent with or in breach of this Contract; or iii) is being conducted in a manner which violates government law, rules or regulations, including without limitation Federal Railroad Administration or Occupational Safety and Health Administration rules and regulations. b) City agrees that if City or any of its Contractors are unable or appears not likely to quickly remedy any disruption to Railroad's operations beyond any authorized work window,then Railroad, at City's expense, has the right (but not the obligation) to immediately use Railroad's personnel and equipment (or contracted personnel and equipment) to remedy or reduce the disruption. Section 16. SITE TO BE LEFT NEAT AND CLEAN. Upon completion of Project and any other Levee Facility Work, City shall remove from Railroad's property all machinery, equipment, temporary structures, debris and rubbish related to the Project or any other Levee Facility Work and leave Railroad's property in a neat and clean condition satisfactory to Railroad. Section 17. OWNERSHIP OF THE LEVEE FACILITY. City shall be the sole owner of the Levee Facility. However, Railroad may elect to take ownership of the Levee Facility in the event this Contract is terminated as provided above, and in such event the Levee Facility will no longer be deemed a levee. As noted above, the Railroad's roadbed, subgrade and embankment supporting the tracks are not part of the Levee Facility. Section 18. RAILROAD NOT TO BEAR ANY COST. It is expressly made a condition of this Contract that Railroad is not obligated to bear any costs (whether direct or indirect) with respect to the Levee Facility, the Project or any Levee Facility Work. Section 19. WAIVER OF BREACH. The waiver by Railroad of the breach of any term, condition, or covenant herein contained to be kept, observed and performed by City shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach thereof. Section 20. CONTRACT NOT TO BE ASSIGNED. City shall not assign this Contract, in whole or in part, or any rights herein granted, without the prior written consent of Railroad (which consent shall be in the Railroad's sole and absolute discretion), and it is agreed that any transfer or assignment or attempted transfer or assignment of this Contract or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such prior consent in writing, shall be absolutely void and, at the option of Railroad, shall terminate this Contract. 9 DEC-1781494-3 76 Section 21. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 20 hereof, this Contract shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Section 22. NOTICES. Any notices required or desired to be given under this Contract shall be in writing and personally served, given by overnight express delivery, or sent by United States Postal Service mail. Electronic transmission of notices shall be deemed valid only to the extent they are (a) actually received by the individual to whom addressed and (b) followed by delivery of actual notice in a manner described above within three (3)business days thereafter. Any notice given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the receiving party at the following address or at such other address as the party may from time to time direct in writing: Railroad: Union Pacific Railroad Company Attn: Director- Right of Way Contracts 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 City: City of Kent, Washington Attn: Public Works Director Public Works Department 220 Fourth Avenue Kent, Washington 98032 Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given upon deposit with the United States Postal Service. 10 DEC-1781494-3 77 EXHIBIT C CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"), and a corporation ("Contractor"). RECITALS: Contractor has been hired by to perform work relating to (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision] [Branch] [at or near DOT No. located at or near in County, State of as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of a contract dated between Railroad and Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2- RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3- TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this Agreement. DEC-1781494-3 78 ARTICLE 4- ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5- SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad's property. ARTICLE 6- TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7- CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company [Insert mailing address] Attn: Folder No. ARTICLE 8- DISMISSAL OF CONTRACTOR's EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractorwho fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right 2 79 of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 9- ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad Dollars ($ ) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. ARTICLE 10- CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications, negligence, or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 11.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By. Title: (Name of Contractor) By. Title: 3 80 EXHIBIT A TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. DEC-1781494-3 81 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom)will reach to within twenty-five (25)feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. Exhibit B Page 1 of 4 82 B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty(50)feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours(7:00 a.m.to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls)to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. b. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Exhibit B Page 2 of 4 83 Section 6. PERMITS-COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work(the"Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees (individually an "Indemnified Party" or collectively "Indemnified Parties")from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty(collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor. b. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. d. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. e. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the Exhibit B Page 3 of 4 84 termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT-SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage, (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site, and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage)for the job site. Exhibit B Page 4 of 4 85 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement Section 1. REQUIRED INSURANCE. City shall, at its sole cost and expense, (except for Railroad Protective Liability Insurance required in Paragraph D), procure and maintain in effect during the entire term of this Contract the following insurance coverage. City shall procure and maintain, or cause to be procured and maintained by its Contractor, at its sole cost and expense, Railroad Protective Liability Insurance coverage described in Paragraph D during any period of construction, maintenance, repair, renewal, reconstruction or removal work. A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less$2,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: • City's and/or City's contractor's statutory liability under the workers' compensation laws of the state where the Premises is located. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If City, and/or City's contractor, is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U.S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than$2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella or Excess insurance. If City, and/or City's contractor, utilizes umbrella or excess policies, these policies must"follow form" and afford no less coverage than the primary policy. Section 2. OTHER INSURANCE REQUIREMENTS. Exhibit C Page 1 86 A. All policy(ies) required above (except business automobile, workers' compensation and employers' liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by City's liability under the indemnity provisions of this Contract. BOTH CITY AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26. B. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Contract prohibits all punitive damages that might arise under this Contract. C. City waives all rights against Railroad and its agents, officers, directors and employees, where permitted by law, for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella/excess liability insurance obtained by City required by this Contract, which must be stated on the certificate of insurance. D. Prior to commencing any work, City, and/or City's Contractor, shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Contract. E. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VI or better, and authorized to do business in the state in which the Premises is located. F. The fact that insurance is obtained by City, and/or Contractor, or by Railroad on behalf of City, and/or Contractor, will not be deemed to release or diminish the liability of City and Contractor, including, without limitation, liability under the indemnity provisions of this Contract. Damages recoverable by Railroad from City, Contractor or any third party will not be limited by the amount of the required insurance coverage. Exhibit C Page 2 87 EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor's employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: • 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools • 150 feet of jet blowers or pile drivers • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection—plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. DEC-1781494-3 88 III. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of twenty-five (25)feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: • Familiar and comply with Railroad's rules on lockout/tagout of equipment. • Trained in and comply with the applicable operating rules if operating any by-rail equipment on-track. • Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. 2 DEC-1781494-3 89 D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. 3 DEC-1781494-3 90 EXHIBIT D TO LEVEE FACILITY CONSTRUCTION & MAINTENANCE AGREEMENT INSURANCE REQUIREMENTS Section 1. REQUIRED INSURANCE. City shall, at its sole cost and expense, (except for Railroad Protective Liability Insurance required in Paragraph D), procure and maintain in effect during the entire term of this Contract the following insurance coverage. City shall procure and maintain, or cause to be procured and maintained by its Contractor, at its sole cost and expense, Railroad Protective Liability Insurance coverage described in Paragraph D during any period of construction, maintenance, repair, renewal, reconstruction or removal work. A. Commercial General Liabilitv insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage)with a combined single limit of not less $2,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Emplovers' Liability insurance. Coverage must include but not be limited to: • City's and/or City's contractor's statutory liability under the workers' compensation laws of the state where the Premises is located. • Employers' Liability(Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. 4 DEC-1781494-3 91 If City, and/or City's contractor, is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U.S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella or Excess insurance. If City, and/or City's contractor, utilizes umbrella or excess policies,these policies must"follow form" and afford no less coverage than the primary policy. Section 2. OTHER INSURANCE REQUIREMENTS. A. All policy(ies)required above (except business automobile,workers' compensation and employers' liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsement CG 20 26 (or substitute form(s) providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by City's liability under the indemnity provisions of this Contract. BOTH CITY AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORM CG 20 26. B. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Contract prohibits all punitive damages that might arise under this Contract. C. City waives all rights against Railroad and its agents, officers, directors and employees, where permitted by law, for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella/excess liability insurance obtained by City required by this Contract, which must be stated on the certificate of insurance. D. Prior to commencing any work, City, and/or City's Contractor, shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Contract. E. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state in which the Premises is located. 5 DEC-1781494-3 92 F. The fact that insurance is obtained by City, and/or Contractor, or by Railroad on behalf of City, and/or Contractor,will not be deemed to release or diminish the liability of City and Contractor, including,without limitation, liability under the indemnity provisions of this Contract. Damages recoverable by Railroad from City, Contractor or any third party will not be limited by the amount of the required insurance coverage. 6 DEC-1781494-3 93 EXHIBIT E TO LEVEE FACILITY CONSTRUCTION & MAINTENANCE AGREEMENT SPECIAL SAFETY REQUIREMENTS. Safety of personnel, property, rail operations and the public is of paramount importance in the performance of the Project and any other Levee Facility Work. As reinforcement and in furtherance of overall safety measures to be observed by City, Contractors and any other party working on Railroad property (and not by way of limitation), the following special safety rules shall be followed: a. City shall keep and shall cause Contractors to keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. City shall have (and shall cause Contractors to have) an proper first aid supplies available on the job site so that prompt first aid services can be provided to any person that may be injured on the job site. City shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during activities or work performed on the job site. City shall have a non-delegable duty to control its work force, while they are on the j ob site or any other property of Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage or drug, narcotic or other substance that may inhibit the safe performance of an activity or work. b. City's work force shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing or free use of their hands or feet. Only waist length shirts with sleeves and trousers that cover the entire leg are to be worn. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The work force should wear sturdy and protective footwear. The work force shall not wear boots (other than work boots), sandals, canvas-type shoes or other shoes that have thin soles or heels that are higher than normal. hi addition, City shall require its work force to wear personal protective equipment as specified by Railroad rules, regulations or Railroad officials overlooking the work at the job site. In particular, the protective equipment to be worn shall be: (1) Protective head gear that meets American National Standard-Z89.1-latest revision. It is suggested that all hardhats be affixed with City's or Contractor's logo or name. (2) Eye protection that meets American National Standard for occupational and educational eye and face protection, Z87.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, burning, etc.; and (3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the job site. C. All heavy equipment provided or leased by City shall be equipped with audible back-up warning devices. If in the opinion of Railroad Representative any of City's or Contractor's DEC-1781494-3 94 equipment is unsafe for use on Railroad's property, City, at the request of Railroad Representative, shall immediately remove such equipment from Railroad's property. DEC-1781494-3 95 Document comparison by Workshare Professional on Monday, July 20, 2015 2:24:23 PM Input: file://O:\Legal - Practice Area\Real Estate\Public Document 1 ID Projects\Washington\Non-State\WA Kent Levee CM UPRR COK 042115.docx Description WA Kent Levee CM UPRR COK042115 file://O:\Legal - Practice Area\Real Estate\Public Document 2 ID Projects\Washington\Non-State\WA_Kent_Levee_C&M_U P Revised 201507 20.DOC.docx Description WA_Kent_Levee_C&M_UP Revised 2015 07 20.DOC Rendering set standard Legend: Insertion Dek4R)fi W* ved 8 rnnn 1 po c„all to Style change Format change �Ir�•Tk 4.,�.eV x x .timami Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statisti6s: Count Insertions 9 Deletions 9 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 18 96 This page intentionally left blank. 97 PUBLIC WORKS DEPARTMENT �IE* Timothy J. LaPorte, P.E. Public Works Director 1 Phone: 253-856-5500 Reap " Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: August 12, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 17, 2015 From: Chad Bieren, P.E., City Engineer Subject: Transportation Improvement Board — Grant Applications Motion: Move to recommend Council authorize the Mayor to direct staff to complete Transportation Improvement Board grant applications for the 80th Avenue Improvements, S. 180th Street to S. 196th Street and James Street Non- Motorized Improvements, Lakeside Boulevard to the Green River Trail. Summary: In previous years staff has applied for Transportation Improvement Board (TIB) grants based on the Council adopted 6-Year Transportation Improvement Program and the likelihood that an individual project would score well on the grant application criteria. The city has been successful in the past, with TIB contributing nearly $70-million to city projects in the past thirty years. As noted during previous Committee meetings, grant agencies (including TIB) are more closely monitoring the timing of grant expenditures and are more likely to fund projects that are 'shovel ready.' To that end, Public Works staff members have looked at the current TIB scoring criteria and determined which projects would most likely score well and have potential funding for the city's share of the costs. Staff are proposing street widening/pavement restoration on 80th Avenue South and a non- motorized project on James Street. The 80th Avenue South Improvements project extends from - S. 180th Street to S. 196th Street. It includes street widening and new sidewalks along with pavement restoration. It is currently on the TIP to include widening from S. 188th Street to S. 196th Street, we will include pavement restoration and channelization from S. 188th Street to S. 180th Street in the TIB application. The James Street non-motorized project would include in-lane bike lanes and separated path for pedestrians to link Lakeside Boulevard with the Green River Trail. This is a significant missing link in the non-motorized network. Exhibits: Vicinity Maps Budget Impact: Funding for the local match on the 80th Avenue South grant would come from the Business and Occupation Tax fund; this is primarily a pavement restoration project. The match for the James Street Non-Motorized Grant has not been identified. Engineer's Estimates for the grant applications have not been finalized at this time, we anticipate the local share of 80th Avenue S. to be $3-4 million and James Street to be $30-50 thousand. 98 This page intentionally left blank. 99 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: August 13, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 17, 2015 From: Alex Murillo, P.E., Environmental Engineering Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Stormwater Utility Rate Update INFORMATION ONLY/NO MOTION REQUIRED Summary: Staff will provide a follow-up to questions from the June 15, 2015 PWC meeting regarding FEMA flood insurance, businesses with stormwater facilities, and a comparison of Kent's stormwater utility rate with other local jurisdictions. Exhibit: None Budget Impact: None 100 This page intentionally left blank. 101 PUBLIC WORKS DEPARTMENT � Timothy J. LaPorte, P.E. Public Works Director Phone: 253-856-5500 rEwta Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: August 12, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 17, 2015 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Information Only/Upper Russell Road Levee Update INFORMATION ONLY/NO MOTION REQUIRED Summary: Staff will give a brief update on the Upper Russell Road Levee project. The project, which is located along the west side of The Lakes neighborhoods, is beginning the final stage of construction necessary to meet FEMA Accreditation standards. Two phases have been completed, and the third phase extending north from James St. to the Neely Soames House, is beginning construction the week of August 24 and will be completed this year. Property access rights to construct the third phase have been acquired. There are still some property negotiations progressing however. A condemnation ordinance will be presented to the City Council at the Council Meeting on Tuesday, August 18, to ensure acquisition will be able to be concluded. Exhibit: None Budget Impact: None. The construction on this project is funded by the King County Flood Control District through an interlocal agreement. 102 This page intentionally left blank. 103 n PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director K.� T Phone: 253-856-5500 rEet Fax: 253-856-6500 Address: 400 West Gowe Street Kent, WA 98032-5895 Date: August 12, 2015 To: Chair Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: August 17, 2015 From: Joe Araucto , P.E. , Pavement Manager Through: Dave Brock, P.E., Operations Manager Subject: Information Only/2015 Plastic Marking Contract/Asphalt Overlay - Additional Work INFORMATION ONLY/NO MOTION REQUIRED Summary: At this time as we get closer to the end of our construction season we are projecting to be well under the approved budget for the 2015 list of B&O projects. Accordingly, staff will present information regarding additional work proposed for the 2015 Plastic Marking contract and the asphalt overlay program. If council concurs, staff recommends adding additional work to our current contracts. In this way the City would take advantage of favorable weather and contractor availability. Staff will come back to the Committee with the final amount after the estimate is complete. Exhibit: None Budget Impact: Additional work will exceed the awarded contract amount but the overall project will be within the authorized utilization ($500,000) of B&O funds - Information Only