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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 9/18/2018adccW18328 CITY OF KENT Council MeetingAgenda Mayor Dana Ralph Council President Bill Boyce Councilmembers Marli Larimer Brenda Fincher Satwinder Kaur Les Thomas Toni Troutner Dennis Higgins September 18, 2018 This page intentionally left blank. KENT CITY COUNCIL AGENDAS September 18, 2018 Council Chambers Mayor Dana Ralph Council President Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Satwinder Kaur Councilmember Marli Larimer Councilmember Les Thomas Councilmember Toni Troutner ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Sound Transit Update Danielle Butsick 60 min Hayley Bonsteel Austin Neilson, Sound Transit Public Works Construction Update Eric Connor 30 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Lake Meridian Ridge Neighborhood Council ii. Introduction of Michael Frans for Judicial Appointment iii. Proclamation for Diaper Need Awareness Week B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF 6. PUBLIC HEARING A. Public Hearing on the 2019-2020 Biennial Budget B. Public Hearing on the 2019-2024 Capital Improvement Plan 7. PUBLIC COMMENT - The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measurement or candidate for office. If you wish to speak to the Mayor or Council, please sign up at the City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. 8. CONSENT CALENDAR A. Minutes of September 4, 2018, Workshop and Council Meeting – Approve B. Payment of Bills – Approve C. Judicial Appointment of Michael Frans – Confirm D. Puget Sound Energy Service Agreement for Green Direct Program – Ratify E. Ordinance Amending KCC 15.08.035 – Small Cells – Adopt F. Resolution Recognizing the Lake Meridian Ridge Neighborhood Council – Adopt G. South 228th Street UPRR Grade Separation Project – Public Highway Overpass Agreement with the Union Pacific Railroad – Authorize H. Consultant Agreement with GeoEngineers, Inc. for South 228th Street Project Construction Support – Authorize I. Consultant Agreements with HDR Engineering Inc. for South 228th Street Project Construction Support Project – Authorize J. Recreation and Conservation Office Resolution for Downey Farmstead – Adopt K. King County Cooperative Watershed Management Grant Agreement for Downey Farmstead – Authorize L. 2018 SAMHSA Drug Free Communities Grant – Accept M. 2018 Crack Sealing – Accept as Complete 9. OTHER BUSINESS 10. BIDS A. 2018 Curb Ramp Upgrade Project – Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(c) - To consider the minimum price at which real estate will be offered for sale or lease. B. Potential Litigation, as per 42.30.110(1)(i) 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service at 7-1-1. COUNCIL WORKSHOP A) Sound Transit Update, Danielle Butsick, Hayley Bonsteel, Austin Neilson (Sound Transit) B) Public Works Construction Update, Eric Connor This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition i. Lake Meridian Ridge Neighborhood Council ii. Introduction of Michael Frans for Judicial Appointment iii. Proclamation for Diaper Needs Awareness Week B) Community Events C) Public Safety Report This page intentionally left blank. Whereas, Whereas, Whereas, sig Whereas, a supply of diapers is generally an eligibility requirement for infant and toddlers to participate in childcare programs and quality early education programs; and Whereas,Kent is proud to be home to various community organizations that recognize the importance of diapers in helping provide economic stability for famÍlies and distribute diapers to poor families through various channels. NOW, Therefore, I, Dana Ralph, Mayor of the city of Kent, do hereby proclaim the week of September 24 through September 30, 2018 as DTAPER NEED AWARE'VESS WEEK in the city of Kent and encourage all citizens to donate generously to diaper banks, diaper drives, and those organizations that distribute diapers to families in need to help alleviate diaper need in Kent. PROCLAMATTOAI Diaper Need, the condition of not having a sufficient supply of clean diapers to ensure that infants and toddlers are clean, healthy and dry, can adversely affect the health and welfare of infants, toddlers and their families; and national surveys report that one-in-three mothers experience diaper need at some time while their children are less than three years of age and forty-eight percent of families delay changing a diaper to extend their supply; the average infant or toddler requires an average of 50 diaper changes per week; and diapers cannot be bought with food stamps or WIC vouchers, and a monthly supply of diapers can cost as much as six percent of a full-time minimum wage worker's salary; and ned this 18th da y of September, 2018. Dana Ralph Mayor KENT WASHTNGToN This page intentionally left blank. REPORTS FROM COUNCIL AND STAFF Mayor Ralph: Derek Matheson/Administration: Council President Boyce: Councilmember Fincher: Councilmember Higgins: Councilmember Kaur: Councilmember Larimer: Councilmember Thomas: Councilmember Troutner: This page intentionally left blank. Page 1 of 9 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 09/18/18 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, September 18, 2018 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Mayor Dana Ralph will present her proposed 2019-20 operating and capital budget to the city council at a special meeting on Tuesday, Sept. 25, at 5 p.m. • CAO Derek Matheson will update the Operations Committee on Tuesday, Sept. 18, on efforts to update and extend our interlocal agreement for shared services with the Puget Sound Regional Fire Authority. • Communications: We formed a work group to work on the rollout and ongoing support of the City’s updated strategic framework. We’ll begin replacing the current posters and public computer monitors, followed by an official rollout in October. We are also working on the launch of eConnect (GovDelivery) and Cision (news release distribution application and media database), the 2018 resident survey and supporting Public Works, Parks and Economic and Community Development with various public outreach projects. • Community Engagement: The Cultural Communities Board will host a special guest on Sept. 25. Sikh Captain America will be making a presentation about diversity and inclusion. The presentation will be preceded by a presentation about Muslim women in the workforce. Anyone interested in attending these presentation is invited. Seating is limited to maybe 20 people. • Neighborhood Program: Lake Meridian Ridge Neighborhood will be formally recognized at Kent City Council on Tuesday, Sept. 18. This includes 76 condo units. • On Thursday, Sept. 20, staff from Transportation, Police, and the Neighborhood Program will meet with the Lake Meridian Ridge community regarding concerns with egress/ingress to their neighborhood. Staff is to gather State collision data to review the area prior to the meeting. Residents shared concerns regarding the many accidents that have happened in this area of Kent Kangley and 133rd Place SE. Page 2 of 9 ECONOMIC AND COMMUNITY DEVELOPMENT Administration • As of Sept. 17, the public hours for the permit center will change to 9am to 4pm daily. This is considered a trial period for now, to be evaluated for its impact on Permit Center Operations and Customer Service. Code Enforcement • A press release, postcard mailing, and social media post went out on Sept. 5 to spread the word about the Rental Housing Inspection Program. Landlords and tenants are asked to register their rental properties online at “Rentalhousinginspection” to help us better understand rental housing in Kent. Starting in 2019, owners of multi-family property will be required to hire a private inspector to inspect a certain percentage of their units every three years for basic building safety and sanitation. This program was created in response to common complaints from renters about landlords not maintaining their properties. We hope this program will help improve living conditions for Kent residents. Economic Development • Economic development convened with Project Feast, Kent Downtown Partnership, and Green River College’s small business development advisor to discuss planned half-day workshop charrette for the Morrill Bank Building, and to think about concepts for the commercial spaces of the building’s interior which could make restoration and long- term viability of the building more practical, while improving an important corner of the historic downtown. • Economic development has been reaching out to many tech and trade associations as well as STEM education groups to let them know about the promotional funding opportunities provided by the LTAC’s new grant process. Staff met with the Chairman of the Space Frontier Foundation on Friday to talk about applications for next year’s New Space Conference. • ECD presented to the Kent Chamber of Commerce luncheon regarding all the progress made to date on the Meet Me on Meeker project and its associated developments, as well as to sketch the next steps that lay ahead. • ECD met with the head of a regional commercial industrial brokerage firm to discuss opportunities for development and industrial tenants that may have an interest in coming to Kent. ECD also drove a broker with clients who has principally worked on the Eastside around key parts of Kent to help familiarize him with a submarket whose potential has drawn his interest. • Economic development met with organizers of a group promoting the adoption of shared commuter pools in anticipation of an autonomous vehicle future, including a representative from the City of Bellevue, to discuss ways the Kent Valley and the City of Kent could participate in their efforts. • ECD has been in communication with Puget Sound Regional Council, local employers, and the Aerospace Futures Alliance/Washington State Space Coalition about roll out of the Washington State Space Economy Report due out later this fall. Long Range Planning • Long range planning staff participated in another artist selection process for the Sound Transit light rail station. This round, the panel considered artists for the plaza in front of the garage. Three selected finalists will be interviewed in the coming weeks, and city staff will continue to work with Sound Transit staff to ensure public art at the new station reflects the city's interests and aesthetics. • Long range planning and development engineering staff coordinated to provide consolidated comments on the Public Works Design and Construction Standards Page 3 of 9 Update draft. Staff appreciated this opportunity to have input on a crucial document that shapes our city. ECD staff look forward to working with PW on the comments in the coming weeks. EMERGENCY MANAGEMENT Training and exercise o Members of the Executive Leadership Team attended an ECC tour and orientation to discuss their roles and responsibly during an activation. o Emergency Management assisted ShoWare Center conduct a table top exercise in conjunction with their Security and Emergency Management Plan. The exercise scenario was a bomb threat by a disgruntle employee. Emergency Management also assisted with their annual employee orientation and evacuation drill. o Emergency Management hosted a two-day training for members of the Kent School District Security staff. The course included hands-on training for emergency response: search & rescue, fire safety, incident command and personal disaster preparedness. o CERT classes will begin Sept. 18. An evening and afternoon class will be conducted. Several seats are still available for both evening and afternoon classes. HUMAN RESOURCES Administration • The September Cultural Community Conversation was held on Wednesday, Sept. 12 from 9-10 a.m. in Council Chambers. In honor of Hispanic Heritage Month, which begins on Sept. 15, the City’s Community Engagement Coordinator, Uriel Varela, was the guest speaker. Benefits • The Mayor’s Annual Barbeque event to thank City staff was held on Thursday, Sept.6 in the plaza outside of City Hall. The event was very, very successful thanks to the great work done by members of the HR Benefits Team and the Wellness Committee. • Work continues toward the finalization of Open Enrollment benefit renewals. • Implementation of the new state Paid Family Medical Leave continues. • System demonstrations continue as part of research for the ACA Tracking and Reporting Vendor Request for Proposals (RFP). • System demonstrations continue as part of research for the Wellness Vendor Request for Proposals (RFP). Labor, Class & Compensation • Contract negotiations with KPOA continued on Sept. 8. The next bargaining session will be held on Sept. 18. • The September Labor-Management Meeting with AFSCME was held on Sept. 11. • New policies from Finance are under review. • Teamsters are scheduled to vote on a Memorandum of Understanding (MOU) for PD vehicles on Sept. 25. • The LEOFF 1 Board Meeting was held on Sept. 13. Recruitment • Kristin King was hired as an Office Technician III in Economic & Community Development. She will start work on Sept. 24. • Interviews for Permit Technician took place on Sept. 13. Page 4 of 9 • The Economic & Community Development Code Enforcement Officer job posted for internal candidates the week of the 10th and will open for external candidates this week. • The Police Department Commander’s Assessment Center was held on Sept. 10. The eligibility list will be established on Sept. 17. • Entry Level Police Officer testing will take place on Sept. 14. • Joe Gagner will start Sept. 17 as Court Security Officer. • Finalist interviews for the Judicial Specialist position are taking place on Sept. 12. • Customer Service Representative interviews are scheduled for Sept. 24-25. INFORMATION TECHNOLOGY • Merchant Bank Card Service Fees - The City of Kent pays a 2.07% Merchant Service Fee on current CC/Debit Card transactions. The Merchant Fees are paid to US Bank at an average sum of $450,000. These monies are paid out of the City’s General fund. The project objective will be to identify a solution to recoup sunk costs. • Crystal Report Server 2012 Replacement -Upgrade Enterprise Crystal Report Server and migration reports of old server that is at end of life. Information Technology operational support for Aug. 28 to Sept. 11 • Number of tickets opened – 278; number of tickets closed – 234 LAW • The office responded to the complaint filed by Radical Women and other demonstrators from Seattle regarding the Kent Police and Valley Civil Disturbance Unit response to a protest at the Kent Planned Parenthood facility in June of 2018. • Law Department Continued to assist the Clerk’s office with public records requests, and HR with a number of complicated and sensitive employment issues. The office continues to work with Public Works, ECD, and Parks on a number of high priority development projects, and continues working with ECD on various Sound Transit matters. • The office Reviewed 19 Notices of Violation and 44 Correction Notices for code enforcement. • In Prosecution, there were 142 cases set for trial on Friday, Sept. 7. Of that 142, 19 cases were continued for various reasons, 14 defendants failed to appear for trial, 24 cases were dismissed due to evidentiary issues or no witnesses appearing, 65 cases resulted in guilty pleas and 7 cases were resolved by other means. • Also of the 142 that were set for trial, 13 cases were set for trial dates on Monday or Tuesday of this week. Of those 13, 3 cases went to trial, 1 case resulted in a guilty verdict, 1 resulted in a not guilty verdict and 1 trial is in progress. • The remaining cases resulted in 5 guilty pleas, 2 dismissals and 1 SOC. • For DUI Court, as of Sept. 6, we have had 32 defendants sentenced into DUI Court. To date, just six people have been removed from the program, one voluntarily opting for the maximum jail time in lieu of the DUI Court program. No one has reoffended. There are five defendants who are unable to actively participate in the program either because there is a warrant for their arrest. There is one participant in Phase 1, three participants in Phase 2, seven participants in Phase 3, and twelve participants in Phase 4. The first four phases of the program take a minimum of a year to complete; there Page 5 of 9 are three participants in Phase 5. We are currently in the process of finalizing our Fiscal Year 2019 Target Zero grant for DUI Court. PARKS, RECREATION AND COMMUNITY SERVICES Cultural Programs • Selections from the City’s Portable Art Collection are on display in the Centennial Center Gallery through Friday, Oct. 26. This show features a wide variety of works and includes some pieces that are perhaps not seen as regularly as others. • Forty artists submitted qualifications for the 2018 public art Traffic Signal Controller Box project. A selection panel chose EIGHT artists to create designs for boxes at various locations. The eight artists are: Debbi Commodore, Ahmed Bashir Davis, Cecelia DeLeon, Nori Kimura, Amanda Pearman, Erica Peto, Cheryl Rhodes, and the Creative Art Space program. Cultural Programs staff is currently working with Police and Public Works staff to finalize box locations. • The 2018-2019 Spotlight Series brochure has been released and ticket sales are strong with nearly 700 tickets sold since Aug. 1. • The most recent Kent Creates exhibit – “Vacations and Summer Celebrations” – closed on Aug. 31. A total of 36 submissions are currently being judged by the Arts Commission. Five winners will be selected. Recreation • The Lifeguard Beach Program at Lake Meridian concluded on Monday, Sept. 3 with 73 days (511 hours) of guarded coverage. Lake Meridian Park is one of the most popular and heavily used parks in the city with over 71,000 visitors between late June and Labor Day. With public safety as a focus, the program employed 21 lifeguards throughout the summer. Each guard participates in daily training and in-service practice in order to be prepared for response to a variety of challenging situations. Struggling swimmers, lost children, and guest disputes are part of their daily routine. A fire at the lifeguard office/restroom facility in late June destroyed every piece of equipment needed to operate this program. The beach team replaced everything in a matter of days allowing them to return to full operation before the Fourth of July holiday. For swimmer’s safety, the Life Vest Loaner Program issued 3,250 life vests this summer. • Fall soccer is underway with one of two scheduled jamboree dates successfully completed and the other slated for Saturday, Sept. 15. Anticipation for a fun day and season is all part of the excitement for 1,380 youth participants, 150 volunteer coaches and assistants on 92 teams, along with over 1,000 spectators attending each event. This neighborhood / school based program allows kids to practice and play close to home, keeping kids busy 3-4 days per week. Positive outcomes include fitness and health, mentoring, sportsmanship, and work ethic/commitment. This program also serves as an employment opportunity for 43 high school and college age students as well as adults. Recruitment, training, and mentoring are ongoing elements of this program. Senior Activity Center • Isolation can be a significant issue for people as they age. One mission of Senior Center programming is to insure that seniors have opportunities to engage in activities outside of their homes and often beyond their own community. Summer programming offered day trips for golfing, fishing, hiking, and nature walks as well as local outings. Overnight travel featured sight-seeing in Victoria, BC; golfing in Cle Elum and Yakima; fishing on the Olympic Peninsula, and hiking around Mt. St. Page 6 of 9 Helens. Adventure outings included rafting on the Yakima River and zip-lining in Bellevue. • The Senior Center’s daily meal program (Mill Creek Café) is a great vehicle to bring seniors and non-seniors together for a delicious and nutritionally balanced hot meal. For some seniors however, this is their only hot meal of the day and some of those guests have significant financial challenges that prevent them from paying full price for lunch. Senior Center staff carryout ongoing fundraising to offset the cost of meals for these seniors. Over 100 participants attended July’s Rock ‘n Roll Deli Bingo Program, raising over $2,500. August’s Silver Sounds Choir, featuring 50 singers, aged 50 and over, presented a concert of 50’s Rock ‘n Roll classics. This event raised over $1,500.00. • The Kent Senior Center is very dependent on volunteers to carry out successful daily operations, programs, and special events. Nearly 400 volunteers, aged 8 to 98 years old, recorded 65,812 hours from Sept. 2017 through Aug. 2018. This translates to a $980,000 contribution of time!! POLICE Significant crime activities/arrests/investigations • On Aug. 31, Patrol responded to an illegal discharge at Mosaic Hills. Casings and a bullet fragment were found but no victim. A short while later Valley Medical Center had a 16-year-old male in the ER with a non-life-threatening gunshot wound to the thigh. He did not cooperate. Detectives will follow up. • Great job by officers on Sept. 4, a subject was standing in traffic at E Smith and RailRoad Ave, yelling and dousing himself in lighter fluid. He stated he wanted to set himself on fire and die due to issues with his wife. When PD arrived, he yelled for police to shoot him. After a couple less lethal 40 rounds to the thighs and a dousing of f ire retardant, he was detained and sent to VMC. • On Sept. 8, two suspects armed with a shotgun and pistol, came into a house in the 12900 block of SE 202nd Pl. and assaulted a female victim who is renting a room from the homeowner who she knows sells drugs and is currently in jail. The victim saw the suspects suddenly walk in the unlocked front door. They pointed guns at her and said “her homie ripped them off.” They kept demanding “where the black at?” (heroin). She tried to tell them she didn’t know, so they started beating her. She ran out the back door and grabbed a male who lives in an RV in the backyard. They called 911 and waited down the street. Suspects were gone prior to police arrival. • On Sept. 8, Officers were dispatched to reports of a shooting behind Sherman Williams at 23250 Pacific Hwy S. All involved persons were gone on arrival. After speaking with witnesses and reviewing video footage it was determined that a blue Jeep Grand Cherokee pulled into the parking lot. The occupants of the vehicle exchanged gunfire with a male who was on foot at the location. The vehicle and male both fled the location. There were no victims located and there was no property damage at the location. • On Sept. 8, Officers responded to the Arbor Chase Apartments regarding a stabbing victim. Upon arrival, Officers located the male victim, who sustained a single stab wound to the chest. The victim advised he was walking home to the Arbor Chase Apartments when he was approached by a young male. This subject asked him he wanted to buy some drugs. When the victim told the subject no, the subject stabbed Page 7 of 9 him. Medic one arrived and transported the victim to Harbor View Hospital. While checking the area of 64th Ave. and W. Meeker St. a suspect matching the description provided was detained and found to have an outstanding Kent warrant. The suspect was arrest and booked into Kent Jail. PUBLIC WORKS Design • 228th UP Grade Separation Phase 4 Ground Improvements and Embankments which includes stone columns, embankment, impacted driveways, and water project bid Sept 12. Received WSDOT approval to advertise Aug 30. • S 224th St Project Phase II working through last components to secure CORPS permit for the project. Next step to secure Hydraulic Project Approval (HPA). Preparing small works project to address work as required by settlement agreement with private property owner. • West Hill Reservoir, Transmission Main and Booster Station - Three sited identified as potential locations for the reservoir. Preparing SEPA documentation. • Downey/Naden Clearing and Grading - Preparing revision to remove additional material from Downey and increase fill at Naden. Construction • Since the end of May, The International Union of Operating Engineers (IUOE) Local 302 members working under the Washington Master Labor Agreement could not reach an agreement on their new contract with the Associated General Contractors (AGC) negotiating team. Because of the inability to reach an agreement it has resulted in an economic stand down. On Thursday, September 6 a tentative agreement was reached and the IUOE Local 302 directed its members to stand down on all picketing actions and return to regular work status on September 7. Most of our construction projects in Kent that were impacted are back to work this week. However, some contractors are having difficulty prioritizing their work load since the stand down. Resulting in a few extra days of no work on some of our contracts. We are confident that all impacted projects will be mobilized and moving forward by the start of next week. • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) - Geofoam installation on the East side of the new bridge will resume this week. Bridge deck forming for Span 1 will be complete this week. The crew will then proceed to Span 2. • 228th St. Union Pacific Railroad Underground Utilities - City Council has authorized the award of this contract to Road Construction Northwest, Inc. • 228th St. UPRR Grade Separation - This final phase of private utility relocation work is anticipated to finish in four to seven weeks. CenturyLink is working nights while PSE is working during the daytime. • East Valley Highway Pavement Preservation - The contractor expects to resume work the week of Sept. 17. • 2018 Asphalt Overlays - The contractor is working on curb ramp improvements in the Meridian Glen neighborhood with asphalt grinding and paving to follow the completion of this concrete work. • 132nd Ave SE Pedestrian Improvements - Concrete curb ramp and walkway construction is complete. Minor work remains at 240th and 244th. The final Walk-thru will be scheduled at the completion of this work. • Lake Meridian Estates Storm Drainage Improvements, Ph 2 - The contractor is expected to mobilize the week of Sept 10 and proceed with storm pipe installation on Monday Sept. 17, sooner if weather allows. Page 8 of 9 • Downey and Naden Clearing and Grading – Downey mass hauling to start on Sept 17. Clearing and grubbing at Naden to start on Sept. 12. • Union Pacific Storm Water Pump Station – Pump Replacement - The Preconstruction meeting took place on Aug. 29. Work on site will proceed in approximately six weeks after the material submittal and procurement period. • Upper Mill Creek Dam Improvements and Diversion Structure Replacement - City Council has authorized the award of this project to Quigg Bros. Preconstruction meeting is scheduled for Sept. 18. • 4th Ave and Meeker Complete Street Project - City Council has authorized the award of this project to R.W. Scott Construction. Preconstruction meeting is being scheduled. • Development/Utility Projects o The Ridge Townhomes – Water main installation and joint trench work is ongoing for the next several weeks. Offsite (88th Ave) sewer main repair work is scheduled to proceed on Tuesday next week. o Marquee on Meeker – Civil site work is resuming this week. o Kent Medical Office Building – Civil work is resuming this week with storm pipe installation along the ROW. Environmental • Flood Control District – Executive Committee is scheduled to meet on Sept. 17. One of the agenda items to be discussed is the approval of the alignment for the Milwaukee II Levee. • Lower Russell Road Levee –We are reviewing the cost estimate from the KOA for the work needed to restore campsites on their property. A draft ILA for construction management, ownership and maintenance was sent to the District Sept. 7 for their review. An updated version of the Site Management Plan for the project was received on Monday, Sept. 10 for our review. • Downey Farmstead – Staff is working with Design Engineering to prepare an updated grading plan to incorporate the new $780k grant from the King County Flood Control District. • Landsburg Mine – Staff updated the PW committee on Sept. 10 about some recent changes made by Ecology. Cleanup monitor includes: 1) south sentinel wells will be installed in 2019 instead of 2020, 2) monitoring will be performed 4x per year rather than 2x, and 3) there will be more extensive groundwater analysis for dioxane. We are expecting a scope and schedule of that work from Ecology. • Summit/Landsburg Road Culvert – We are negotiating a contract scope from Otak, the selected consultant, to do the culvert replacement as part of the Clark Springs Water Supply Habitat Conservation Plan. Land Survey and GIS • 76th Ave./Mill Creek Topography is underway by Survey Field staff. • Survey field staff is establishing additional project survey control points on East Valley Highway and S.228 St. • City Surveyor preparing Legal Descriptions and Calculations for Mill Creek, Milwaukee II Levee and Downey Road Dedication alignment. • October 2018 Northwest GIS Conference presentation being prepared by GIS Supervisor. • GIS Staff training with ESRI Webinars to create faster loading online maps. • GIS Staff training PW Ops Administration is the use of Story Maps for 2019 Work Plans. • Infrastructure as-builts being entered into GIS core by interns. • GIS Supervisor & Coordinator Assisted the Police Department in updating address geocode for Tiburon software resulting in 600 more addresses available for dispatch. Page 9 of 9 Transportation • Federal Way Link Extension Sound Transit is beginning one on one meetings with potential design build contractors this week. Transportation staff will be representing the city. • Kent Valley Signal System Upgrade plans and specs are being finalized to send to WSDOT for approval to obligate construction funds and bid the project. This project is partially funded by a WSDOT Highway Safety Improvement Program grant. • Transportation Master Plan staff and the Fehr & Peers consultant team are developing a Scope of Work for the Transportation Master Plan (TMP) update. • Non-Motorized Transportation Plan work continues with staff from Economic and Community Development, Parks, Police, and Public Works Operations as well as the Kent Bicycle Advisory Board (KBAB). Staff has begun public outreach efforts. Staff presented to the North Scenic Hill Neighborhood Council on Sept. 5. Staff will be presenting to the Neighborhood Quarterly Leadership meeting on Sept. 17 and the Cultural Communities Board on Sept. 25. • Quiet Zone the Notices of Intent to establish a Quiet Zone on the UPRR through the City were mailed on September 10. Next steps are to receive comments during the 60-day comment period followed by submitting crossing modification petitions for each crossing to the Washington State Utilities and Transportation Commission (UTC). Streets o Street maintenance crews plan to replace bollards on 98th Ave South and SE 260th Street. Maintenance Crews have also scheduled the areas on 97th Pl S at 101th Ave SE and 529 Bridges Ave for new ADA ramp installations as well as stripping and backfilling for new sidewalks to be poured. Signs Crews will locate and install sign bases on 120th Ave SE just south of SE 236th Street, and on SE 228th PL at 116th Ave SE. Water o The Water Division is gearing up for the 3rd quarter lead and copper sampling. The lead and copper sampling test is required to be done every three years by the Department of Health. Staff are also working on the 3rd quarter wellhead protection sampling. Distribution staff are installing 14 individual pressure reducing valves at the Mosaic Hills Apartments. Utilities o Storm Crews are scheduled to work with our street section to prep for a driveway repair at SE 276th St and 116th Pl SE. Crews have also planned to test out a new product for manhole change-outs that could help increase efficiency, reduce costs and provide a better quality product. o Sewer crews have arranged to repair the vacuum breaker at the Skyline Pump Station. Crews will also be clearing the easement on 108th Ave. SE and 265th St and 104th Ave SE and 269th St. # # # This page intentionally left blank. Agenda Item: Public Hearing – 6A_ TO: City Council DATE: September 18, 2018 SUBJECT: Public Hearing on the 2019-2020 Biennial Budget SUMMARY: This is the first public hearing on the 2019-2020 Biennial Budget at the regular City Council meeting. Public input is welcome as the City begins to prepare the 2019-2020 Biennial Budget. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: (No action required) This page intentionally left blank. Agenda Item: Public Hearing – 6B_ TO: City Council DATE: September 18, 2018 SUBJECT: Public hearing for the 2019-2024 Capital Improvement Plan. SUMMARY: This is the first public hearing for the 2019-2024 Capital Improvement Plan. The Capital Investment Strategy is incorporated into the Capital Facilities Element of the Kent Comprehensive Plan. Public input is welcome as the City begins to prepare the 2019-2024 Capital Improvement Plan. EXHIBITS: None RECOMMENDED BY: Finance Director BUDGET IMPACTS: N/A MOTION: (No action required) This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 8A CONSENT CALENDAR 8. City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through M. Discussion Action 8A. Approval of Minutes. Minutes of September 4, 2018, Workshop and Council Meeting – Approve This page intentionally left blank. Kent City Council Workshop September 4, 2018 Minutes Kent, Washington Pending Approval Page 1 of 2 Date: September 4, 2018 Time: 5 p.m. Place: Council Chambers East/West Attending: Bill Boyce, Council President Brenda Fincher, Councilmember Dennis Higgins, Councilmember Marli Larimer, Councilmember Toni Troutner, Councilmember Council President Boyce opened the meeting at 5:09 p.m. Agenda: Industrial Valley Update Bill Ellis, Chief Economic Development Officer, presented an update on the Kent industrial valley. Ellis provided a brief history of the infrastructure that has enabled Kent’s growth and the attractors to Kent that included the Boeing Space Center. The Kent valley is in demand for wholesale trade, e-commerce and distribution. Ellis provided a review of the NAI Puget Sound Properties industrial report for the Puget Sound region. Statistics regarding the concentration of jobs throughout the Kent Valley. Ellis provided a review of revenue projections of construction, manufacturing, wholesale, and retail, in addition to business and occupation taxes received for manufacturing, retail, wholesale, services, and square footage. Details were provided regarding the origin of Kent employees and where Kent residents work and how job locations influence housing decisions. Ellis provided information on how a city can influence business location decisions and provided information on how Fremont, California is like Kent. Fremont pivoted from having a railyard to an innovation District. Ellis conveyed future attractors for Kent and what makes Kent distinctive, including investing in education, awareness and training. Finally, Ellis advised that he is working with Michelle Wilmot to market the Kent Valley using Lodging Tax funds. Ellis advised that work is being done to develop a new subarea plan, continue to market Kent, and investing in education. Kent City Council Workshop September 4, 2018 Minutes Kent, Washington Pending Approval Page 2 of 2 Transportation Master Plan Update Kelly Petersen, Transportation Engineering Manager, advised that April DelChamps, Senior Transportation Planner will provide an update on the 2018 Transportation Master Plan (TMP). DelChamps, presented information regarding the six elements of the transportation planning process, including: vision, goals and objectives; existing and future conditions; needs assessment; development of transportation solutions; project prioritization; and the implementation plan. The TMP is a 20-year long-range plan with the Transportation Improvement Program (TIP) that is updated annually. During the update to the TIP, grant funding resources for transportation projects are identified. DelChamps indicated reasons Kent updates the TMP including considering the plan elements, financial planning, outreach and coordination. Details were provided regarding Kent’s current plans, projects completed in 2018, and projects that will be created beyond 2018. DelChamps reviewed changes in Kent’s population and employment, and commute trends. The meeting concluded at 6 p.m. Kimberley A. Komoto City Clerk September 4, 2018 Kent City Council Regular Meeting September 4, 2018 Minutes Kent, Washington Pending Approval Page 1 of 6 Date: September 4, 2018 Time: 7 p.m. Place: Council Chambers East/West Attending: Dana Ralph, Mayor Bill Boyce, Council President Brenda Fincher, Councilmember Dennis Higgins, Councilmember Marli Larimer, Councilmember Les Thomas, Councilmember Toni Troutner, Councilmember Agenda: 1. Call to Order The meeting was called to order at 7:01 p.m. with Mayor Ralph presiding. 2. Roll Call Mayor Ralph – Present Council President Boyce - Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember – Present Satwinder Kaur, Councilmember – Excused Absence Marli Larimer, Councilmember – Present Les Thomas, Councilmember – Present Toni Troutner, Councilmember – Present 3. Changes to the Agenda Derek Matheson, Chief Administrative Officer, removed consent item 8C – Excused Absence for Councilmember Thomas from the agenda. Council President Boyce moved to approve the agenda as presented, seconded by Councilmember Thomas. The motion passed unanimously with a vote of 6-0. 4. Public Communications A. Public Recognition Council President Boyce welcomed Councilmember Thomas back from an extended absence. Councilmember Thomas thanked everyone for their prayers and thoughts for him and his family. Mayor Ralph recognized the City of Kent’s Multimedia Department, including Edgar Riebe, the City’s Video Program Coordinator, for three awards received from the National Association of Telecommunications Officers and Advisors. Kent Kent City Council Regular Meeting September 4, 2018 Minutes Kent, Washington Pending Approval Page 2 of 6 received a 1st place award for the category of Election Coverage for their piece on “Prop A – Sergeant Hollis.” i. Employee of the Month Mayor Ralph recognized Stephanie Anderson, Financial Analyst in the Public Works Department, as the City’s September 2018 employee of the month. ii. Proclamation for National Recovery Month Patsy Murphy, Substance Use Disorder Care Authorizer, accepted the proclamation on behalf of King County Behavioral Health and Recovery Division. Murphy expressed her appreciation of the proclamation and provided a brief overview of King County’s program. iii. Proclamation for Constitution Week Mayor Ralph presented Frances Hollums, Vice Regent of the Lakota Chapter of Daughters of the American Revolution and Roxane Hodges of the Lakota Chapter of the Daughters of the American Resolution, with the proclamation. Hollums and Hodges expressed their appreciation and provided a brief history of Constitution Week. iv. Proclamation for Mayor’s Day of Concern for the Hungry Mayor Ralph read the proclamation. v. Proclamation for Women on the Rise Month Mayor Ralph read the proclamation. vi. Proclamation for National Childhood Cancer Awareness Month Mayor Ralph presented the Proclamation for National Childhood Cancer Awareness Month to Melissa and Nathan Falk. Falk expressed her appreciation for the proclamation. Nathan indicated he is 9 ½ years old and attends Millennium Elementary. B. Community Events Council President Boyce advised of the upcoming games for the Thunderbirds. Mayor Ralph invited everyone to attend the flag raising ceremony scheduled for Friday, September 21 at noon just outside City Hall. Councilmember Fincher invited the public to attend the September 20th Wellness Fair at the Kent Senior Center that will be held in the morning C. Economic and Community Development Report Bill Ellis, Chief Economic Development Officer, provided a review of the recent business and higher education roundtable that was held on August 28th that discussed long-term economic development issues throughout the valley cities. Ellis provided an update on the Morrill Bank building restoration. Kent City Council Regular Meeting September 4, 2018 Minutes Kent, Washington Pending Approval Page 3 of 6 Ellis advised of the Lodging Tax Advisory Committee’s grant application cycle that will be open until September 30. The Committee aims to promote Kent as a business or leisure destination. Visit Kentwa.gov/LTAC to apply for grant funds. 5. Reports from Council and Staff Mayor Ralph Mayor Ralph expressed her appreciation for Council President Boyce running the August 21st City Council meeting. Mayor Ralph conveyed her appreciation for the City’s employees and their generous donations of $1,040 and lots of school supplies to the students at Kent Meridian High School. Mayor Ralph indicated she held her second Coffee and Conversation with the Mayor in the Panther Lake area and indicated she will continue participating in these events over the coming months and that the locations will rotate throughout the City. Derek Matheson, Chief Administrative Officer Matheson advised the Mayor’s proposed budget is getting close to being finalized and that it will be presented during a special city council meeting at 5 p.m. on September 25, 2018. Matheson indicated he will attend the Association of Washington Cities Board of Directors meeting next week and will also represent the Mayor at the Mayor’s exchange. Matheson advised his written report is in today’s agenda packet and there is an executive session for Council to evaluate the qualification of a candidate for appointment to elective office that is expected to last 15 minutes. Council President Boyce Boyce provided a brief recap of tonight’s City Council workshop with an update from Bill Ellis on the industrial valley and Kelly Peterson and April Delchamps on the Transportation Master Plan. Boyce advised that the next Puget Sound Regional Fire Authority Committee will be held on September 5th. Councilmember Higgins Councilmember Higgins is the Chair of the Public Works Committee. No report. Councilmember Higgins serves on the King County Regional Transit Committee. No report. Kent City Council Regular Meeting September 4, 2018 Minutes Kent, Washington Pending Approval Page 4 of 6 Councilmember Troutner Troutner is the chair of the Public Safety Committee. No report. Troutner invited the public to attend the September 13th Coffee with the Chief at 6 p.m. at Cutter’s point on Pacific Highway South on the West Hill of Kent. Troutner serves as an alternate on the King County Flood Control District Advisory Committee. The capital budget presentation was given to the board of supervisors that included the City’s Russell Road project. Councilmember Fincher Councilmember Fincher serves on the Arts Commission and indicated the deadline to apply for grants is October 5th. Fincher advised of upcoming Parks Department events, including softball tournaments. Fincher serves on the Sound Cities Association Mental Health and Drug Dependency Oversight Committee and advised that the 2017 report is available online at Kingcounty.gov/midd. Fincher serves on the Sound Cities Association King Conservation District Advisory Committee and indicated the report from the Urban Forestry committee will recommend to the full board which cities should receive grant funds. 6. Public Hearing None. 7. Public Comment None 8. Consent Calendar Council President Boyce moved to approve the Consent Calendar Items A through G, minus item C, seconded by Councilmember Thomas. The motion passed unanimously with a 6-0 vote. A. Minutes of August 21, 2018, Council Meeting – Approve Minutes of the August 21, 2018 Council Meeting were approved. B. Excused Absence for Satwinder Kaur – Approve Council approved an excused absence for Councilmember Kaur as she was unable to attend the City Council meeting of September 4, 2018. C. Excused Absence for Les Thomas – Approve Council approved an excused absence for Councilmember Thomas as he was unable to attend the City Council meeting of September 4, 2018. REMOVED Kent City Council Regular Meeting September 4, 2018 Minutes Kent, Washington Pending Approval Page 5 of 6 D. Set September 18, 2018 as the Date for the First Public Hearing on the 2019-2024 Capital Improvement Plan – Approve Council set September 18, 2018 as the date for the first public hearing on the 2019- 2024 Capital Improvement Plan at the regular City Council meeting. E. Set September 18, 2018 as the Date for the First Public Hearing on the 2019-2020 Biennial Budget – Approve Council set September 18, 2018 as the date for the first public hearing on the 2019- 2020 Biennial Budget at the regular City Council meeting. F. Ordinance Amending KCC Chapter 7.04 – “Sanitary Sewers” – Adopt Ordinance No.4285 was adopted, amending various sections within chapter 7.04 of the Kent City Code, to clarify the director’s authority to implement policies and procedures relating to the enforcement of the sewer connection requirement and to make the imposition of monetary penalties discretionary. G. Goods and Services Agreement with RailPros Field Services, Inc. for the South 228th Street Union Pacific Railroad Grade Separation Project – Authorize The Mayor was authorized to sign a Goods & Services Agreement with RailPros Field Services, Inc. in an amount not to exceed $190,000 for the South 228th Street Union Pacific Railroad Grade Separation Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 9. Other Business None. 10. Bids A. Green River Shoreline Soil Preparation Project – Award Tim LaPorte, Public Works Director provided details regarding the Green River Shoreline Soil Preparation Project. Councilmember Higgins moved to award the Green River Shoreline Soil Preparation Project to Olson Brothers Excavating, Inc. in the amount of $326,901.32 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Seconded by Councilmember Fincher, the motion passed with a vote of 6-0. 11. Executive Session and Action after Executive Session A. To evaluate the qualifications of a candidate for appointment to elective office as per RCW 42.30.110(1)(h). At 7:48 p.m., the Council convened into Executive Session. At 8:04 p.m., the Council reconvened into regular session. Kent City Council Regular Meeting September 4, 2018 Minutes Kent, Washington Pending Approval Page 6 of 6 There was no action following executive session. 12. Adjournment Mayor Ralph adjourned the meeting at 8:04 pm. Kimberley A. Komoto City Clerk September 4, 2018 Agenda Item: Consent Calendar – 8B 8B. Approval of Bills: Approval of payment of the bills received through August 15, 2018 and paid on July 31, 2018 and August 15, 2018. The Operations Committee audited the payment of bills on September 4, 2018. Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/17 Wire Transfers 7593 - 7609 $2,583,165.49 7/31/17 Regular Checks 726349 - 726801 $5,578,085.70 7/31/17 Payment Plus 101005 - 101025 $148,362.72 Void Checks ($70,348.24) 7/31/17 Use Tax Payable $1,982.46 $8,241,248.13 Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/18 Wire Transfers 7610 - 7626 $2,367,768.38 8/15/18 Regular Checks 726802 - 727238 $3,050,735.50 8/15/18 Payment + 101026-101040 $32,447.03 Void Checks $0.00 8/15/18 Use Tax Payable $1,974.80 $5,452,925.71 Approval of checks issued for payroll for July 16 – July 31, 2018 and paid on August 3, 2018: Date Check Numbers Amount 8/3/18 Checks $0.00 Voids and Reissues 8/3/18 Advices 413040 - 413917 $1,858,943.88 $1,858,943.88 Approval of checks issued for payroll for August 1 – August 15, 2018 and paid on August 20, 2018: Date Check Numbers Amount 8/20/2018 Checks $0.00 Voids and Reissues 8/20/2018 Advices 413918 - 414798 $1,802,895.95 $1,802,895.95 This page intentionally left blank. Agenda Item: Consent Calendar – 8C TO: City Council DATE: September 18, 2018 SUBJECT: Judicial Appointment of Michael Frans – Confirm SUMMARY: A comprehensive recruitment process was held by the City of Kent Human Resources Department between March 6, 2018 and June 1, 2018, soliciting applications for the judicial position that will be vacated by Judge Karli Jorgensen, who will be retiring at the end of 2018. Ten qualified applications were received by the June 1 closing date and HR Director Marty Fisher and Recruitment Manager Natalie Winecka worked with Mayor Dana Ralph, CAO Derek Matheson, Court Administrator Margaret Yetter, City Attorney Pat Fitzpatrick, Chief Prosecutor Tami Perdue, Public Defender Ken Harmell, and Assistant Chief Eric Hemmen to develop a list of five (5) candidates to move on to the interview phase of the process. Face-to-face interviews were held on Wednesday, August 8 by a panel comprised of Mayor Ralph, Chief Administrative Officer Derek Matheson, Police Chief Rafael Padilla, City Attorney Pat Fitzpatrick, Chief Prosecutor Tami Perdue, Court Administrator Margaret Yetter, and Human Resources Director Marty Fisher. After the conclusion of the interviews, the interview panel was unanimous in its decision to recommend Attorney Michael Frans as its choice for the judicial position that will be vacated by Judge Karli Jorgensen, commencing on January 1, 2019. EXHIBITS: Recruitment Job Posting RECOMMENDED BY: Mayor Ralph MOTION: Confirm the Mayor’s appointment of Michael Frans as a municipal judge for the Kent Municipal Court, to serve the remaining three-year term of Judge Karli Jorgensen, that will commence on January 1, 2019. This page intentionally left blank. CITY OF KENT invites applications for the position of: Judge - Kent Municipal Court SALARY: $153,037.40 Annually OPENING DATE: 03/06/18 CLOSING DATE: 06/01/18 05:05 PM GENERAL PURPOSE: The City of Kent is seeking qualified applicants for Kent Municipal Court Judge to fill the vacancy that will be created later this year. Candidates must reside in King County. State law requires candidates to be U.S. citizens and licensed to practice law in Washington. Interested applicants should submit the following with their online application by June 1, 2018: • Cover letter • Résumé • King County Bar Judicial Candidate Rating (applicants must either provide a rating or provide proof that they have begun the process to get a rating) • Uniform Judicial Evaluation Questionnaire • King County Bar Supplemental Questionnaire Select candidates will be asked to serve as judge pro tem in the Kent Municipal Court prior to final selection. They will also be interviewed by Mayor Dana Ralph, and a panel selected by the Mayor. Upon completion of the evaluation process, Mayor Ralph will appoint a judge to the vacant position through December 31, 2021. To retain the seat, the judge must run for election in November 2021. **Please note that uploading your resume to your profile to complete portions of the application does not automatically attach it to your application. You must attach the required documents as a separate step in the process, along with any other documents you want to submit. Incomplete applications will not be considered for this position. If you have technical difficulties or if you have questions about completing your application, please contact our office at (253) 856-5270 from Monday through Friday between 8 a.m. and 5 p.m. and we will do our best to assist you.** The City of Kent is an equal opportunity employer. APPLICATIONS MAY BE FILED ONLINE AT: http://www.KentWA.gov 220 4th Ave S Kent, WA 98032 253-856-5270 mfisher@kentwa.gov Position #2018-00035 JUDGE - KENT MUNICIPAL COURT NW Agenda Item: Consent Calendar – 8D TO: City Council DATE: September 18, 2018 SUBJECT: Puget Sound Energy Service Agreement for Green Direct Program – Ratify SUMMARY: Green Direct is a voluntary renewable-energy option offered through Puget Sound Energy. Through Green Direct, cities and other organizations may commit to purchase solar and wind-generated energy for a 10, 15, or 18-year term under a specified rate structure, or tariff. These purchase commitments provide the financial certainty needed to ensure that two proposed renewable energy plant projects can move forward with construction. This is the second phase of the program, aimed at bringing on a new solar plant and a new wind power plant, and blending the rates for both. There are many benefits to Green Direct; it opens the door to energy sources that reflect consumer values, promotes the development of new renewable energy, maintains predictability for future energy costs, and reduces a city’s carbon footprint. It also integrates with existing, standard PSE billing. Using annual usage estimates based on City of Kent Facilities record-keeping, Green Direct could save Kent hundreds of thousands of dollars over the 10, 15, and 18-year terms. Actual savings would be dependent on the difference between the Green Direct rate structure, and the actual rate of change in conventional energy pricing. Current projections, however, indicate that rates for conventional energy will continue to increase at a higher rate than that reflected in Green Direct’s pricing structure. This could result in the following amounts of savings to the City of Kent for switching to the Green Direct option: 10-Year Term: $282,505 total savings 15-Year Term: $480,014 total savings 18-Year Term: $614,013 total savings EXHIBITS: Purchase Agreement RECOMMENDED BY: City Council BUDGET IMPACT: None STRATEGIC PLAN GOAL(S): ☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation. ☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships.. MOTION: Ratify the Mayor’s signature on a service agreement with Puget Sound Energy to purchase power for City-owned and operated facilities through the Green Direct program for a 15-year term. This page intentionally left blank. WN U-60 lssued: January 26,2018 Effective: March 1, 2018 Attachment "A" to Schedule'139, Page'1 PUGET SOUND ENERGY A. B SCHEDULE 139 VOLUNTARY LONG TERM RENEWABLE ENERGY SERVICE AGREEMENT Aftachment "A" - Service Agreement THIS SCHEDULE 139 VOLUNTARY LONG TERM RENEWABLE ENERGY SERVICE AGREEMENT ("Service Agreement"), dated as of the SlEFn{Rr 'qUst,'?F\$ , is made and entered into by and between City of Kent (the "Customer") and PUGET SOUN0 ENERGY, a Washington Corporation, (the "Company"), for service under the Company's Electric Tariff G Schedule 139. Terms defined in Schedule 139 and in the General Rules and Provisions (Schedule 80) of the Company's tariff for electric service shall have the same meanings where used in this Agreement. RECITALS The Company is a public service company engaged in the sale and delivery of electric energy pursuant to its Electric Tariff G. Customer is receiving Electric Service under the Company's Electric Tariff G, Schedule 24,25, 26, 31, 40, 43, 46 or 49, and desires to participate in the Company's Voluntary Long Term Renewable Energy program offered under Schedule 139. The Company and the Customer have worked jointly to encourage the development of Renewable Energy projects that (i) could provide clean energy to customers at a long-term contracted rate, (ii) support the local economy, and (iii) could be publicized and leveraged for external benefit. The Parties agree that the Solar & Wind:15 Year Option (13903SW15) (the "Resource Option") should meet these criteria, and the Parties thus now agree to enter into this Service Agreement with each other, for mutual benefit. The Company will sell and the Customer will purchase from the Company Renewable Energy Credits (RECs), where applicable, and Renewable Energy at a volume equal to 100% of the actual load of all meters located at each subscribed service address as listed in Section 5, with such amount to be allocated from Renewable Energy generated by the Resource Option, pursuant to one of the contracted rates described. AGREEMENT Request and Acknowledgement. The Customer requests service under Schedule 139 and acknowledges that Schedule 139 requires a minimum term. Service under Schedule 139 will be billed on the Customer's existing statement. The Resource Option Energy Charge is fixed as shown in Section 7. The Energy Charge Credit will be updated with each general rate case, power cost only rate case or other power-related filings. Resource. Under this Service Agreement the Company will receive Renewable Energy into its Balancing Authority Area from where it can serve the Customer. Renewable Energy Credits. The Company will acquire the RECs that are created with the electricity production, where applicable. The Company will transfer the RECs to the Customer c D 2 3 WN U-60 lssued: January 26,2018 Effective: March 1 ,2018 Attachment "A" to Schedule 139, Page 2 PUGET SOUND ENERGY 5 6 which must be retired in WREGIS. Alternatively, at the Customer's request, the Company will retire the RECs in WREGIS. As the Customer is receiving a retail product, the RECs may not be resold or transferred to another party. 4. Resource Option. Number:13903SW15 Description.Laroe Wind Proiect in Lewis Countv: a I aroe Scale Solar in Klickitat Countv Customer Service Address and Account Numbers. The Customer requests service under this Service Agreement for the service addresses, account numbers and meter numbers listed in Attachment B. Term. The term of this Service Agreement shall commence in the year 2021, on the first day of the Customer's normal billing cycle, in the first month following the commencement of commercial operation of the Resource Option, and delivery therefrom of energy to the Company sufficient to satisfy the obligations set forth in this Service Agreement. This Service Agreement terminates in the yearp!! after 12 billing cycles. Rates. Schedule 139 rates are in addition to all charges under the Customer's existing Electric Service schedule. Rates include a charge per kWh for the contracted energy as outlined in Table 1 and a credit for the energy-related power cost component of the Energy Charge set forth in Schedule 24,25,26, 31 , 40, 43, 46 or 49 of the Electric Tariff WN U-60 under which the Customer is taking Electric Service. The Energy Charge Credit will be updated with each general rate case, power cost only rate case, or other power-related filings, while the Resource Option Energy Charge will remain fixed as outlined in the Table '1. below. Table 1 8.Early Exit Fee. Customers may elect to terminate this Service Agreement prior to the Termination Date with 60 days' notice to the Company. Customers who choose to discontinue their service under this Schedule will be charged for the net cost of the remaining Renewable Energy that was to be delivered to the Customer under the remaining term of the Service Agreement. This amount will be based on: 1) the remaining term of the Service Agreement, 2) the amount of estimated annual Renewable Energy needs of each of the discontinued Customer' locations as listed in Section 5 of the Service Agreement, 3) the estimated output of the Resource, 4) the contracted energy rates agreed to in Section 7 of the Service Agreement, and 5) a credit for PSE's then-current avoided costs (filed consistent with WAC 480-107-055). Termination of service under this Schedule will follow receipt and processing of the termination request by the Company. 7 Calendar Year 2021 2022 2023 2024 2025 2026 2027 2028 Rate per kWh $0.04650 $0.04743 $0.04838 $0.04935 $0.0s034 $0.051 34 $0.05237 $0.05342 Calendar Year 2029 2030 2031 2032 2033 2034 2035 Rate per kWh $05449 $0.05558 $0.05669 $0.05782 $0.05898 $0.06016 $0.061 36 I WN U-60 lssued: January 26,2018 Effective: March 1, 2018 Attachment "A" to Schedule '139, Page 3 PUGET SOUND ENERGY Resource Option lnadequacy. lf the Resource Option will not be available at the start of the commencement year, the Customer's agreement will be delayed to align with the Resource Option. lf the Renewable Energy produced by the Resource Option and purchased by the Company is insufficient in any calendar year to satisfy the full requirements of the Customer, the Company will work with the Customer to source and retire for the Customer RECs from alternative resources, with costs for the RECs limited to the net amount to be collected under Schedule '139 from the Customer for the remainder of the calendar year.lf, at the Company's determination, the Resource Option will not be adequate to meet the full requirements of the Customer, then this Service Agreement will be terminated with no liability to the Customer or to the Company. lf a replacement project can be sourced and mutually agreed upon, a new Service Agreement will be created. 10.Credit. Customer authorizes that the Company may run a credit report on Customer and/or request audited financial statements for the purpose of determining the Customer's creditworthiness for this service. 11 Energy Efficiency Services. The Customer and the Company will continue to partner on mutually beneficial energy efficiency projects which will reduce energy demand on an annual basis. These services will have no bearing on the cost of energy as proposed in Table 1. 12 Electrical Work. ln order to ensure continued qualification for service under Schedule 139, the Customer must contact the Company through their business account services representative when any electrical work is being conducted. 13 Governing Law. This Service Agreement will be governed by and interpreted, construed and enforced in accordance with the laws of the State of Washington. lN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have executed this Agreement as of the date first written above. PUGET SOUND ENERGY c R Its -Jt+ou/Nrl/ou Its sb/rr SCHEDULE 139 VOLUNTARY LONG TERM RENEWABLE ENERGY SERVICE AGREEMENT Attachment "8" to Service nt L5 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years L5 Years L5 Years L5 Years 15 Years 15 Years 15 Years Term 1.5 Years 15 Years L5 Years 15 Years 15 Years 15 Years 1.5 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 1.5 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 1.5 Years 15 Years 1.5 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years l.5 Yea rs 15 Years 15 Years 1.5 Years 15 Years N/A 15 Years 15 Years 15 Years 15 Years L5 Years L5 Years 15 Years 1 5 Years l-5 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 Years 15 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S1,158.49 S 186.11 54.s97.7t 57.OOO.42 5748.74 s972.ss 5L,62L.87 5L29.37 5r9,47L.o4 5s29.42 53,133.74 5376.7s S4.861.80 s496.4s s130.05 ss80.67 5729.37 S 16,981.29 S i.1,893.68 s536.3s s28.897.35 S129.oo 5r,7L3.26 52,779.26 5129.72 S1 1,s8s.55 92.s30.2L sL.254.2L s 168.03 512t.92 s7.32r.79 S16.758.22 54.94 S1,976.0s 56,s72.72 s933.96 s130.06 S129.oo 5 1,083.92 546,344.66 s1,190.28 2.L7 77 s2s0.s8 s9,s28.s6 s4.96s.94 s2.rr7.9s 5476.43 5r,84r.78 s14.s51.60 s207.91 ss22.81 s130.18 s3.044.81 5L37.22 Ssrs.qr S1s2.so 351.28 s917.88 s1.486.90 Ss82.s1 s1 1.344.38 5810.2s S1,463.63 S3,739.3s 51,780.7t S4.989.30 s146.28 .80 ss7r..s8 s 146.03 sr7.272.7s s4.92r38 51-,s02.97 Avs 20u Billed 5973.62 S434.31 s30,748.21 s169.s0 s296.O2 S382.44 ss2s.8s s222.sO 3.559 0 0 0 4,41-2 0 11,280 L25,377 106,403 4,946 182.000 11,535 4,r70 13,058 8,544 0 274,1.60 13,533 25,560 0 64,827 2I,440 10.943 370 2,494 0 11.508 10,945 78,077 6r,342 s,888 L7,705 0 0 9,280 389,915 10,375 33,029 353.733 3,L28 475,554 20,57C 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Agenda Item: Consent Calendar – 8E TO: City Council DATE: September 18, 2018 SUBJECT: Ordinance Amending KCC 15.08.035 – Small Cells – Adopt SUMMARY: Until recently, wireless telecommunication facilities (WTF’s) were primarily constructed as large freestanding towers or attached to the roof of existing buildings. A new type of wireless facility called “small cells” provide connectivity to consumers in areas where coverage and capacity of traditional cell towers or (macrocells) are challenged by terrain or buildings. Small cells transmit at much lower signal power levels than macrocells, thus allowing the antennas and equipment to be much smaller and located on shorter poles. As consumers’ reliance upon mobile devices continues to increase, wireless infrastructure must continue to be upgraded and improved to keep up with the demand. Accordingly, small cell deployment is expected to increase dramatically. Three wireless carriers have approached ECD and Legal staff about attaching small cells to existing utility poles (both PSE-owned power poles and City–owned street lights) located in the right-of-way throughout the City, and other carriers are expected to follow suit. Currently, the Zoning Code allows attachment of WTF antennas/equipment to existing structures on all property in the City, including on property owned, leased, or controlled by government (including right-of-way). A permit called “Administrative Approval” is currently required, which takes about a month, and requires ECD staff review and preparation of a written staff report. This process was originally written with large cell towers in mind, which are larger and have greater impacts on surrounding properties. Now with small cell technology, the antennas and equipment attaching to utility poles will look and function like utilities. Other utilities (such as telephone & power poles) do not require land use permits, are not reviewed by planners and do not involve writing a staff report. Considering the large number of small cells likely to be proposed in Kent in the near future, the amount of staff time necessary to write hundreds of staff reports will be significant. Given the impending influx of small cell requests, we need to streamline our permitting process. The Public Works Department currently requires carriers to negotiate and sign a Franchise Agreement for any equipment located within right-of-way. If the City Council decides to allow attachment to City-owned streetlights, a Master License Agreement will likely be required. Both agreements will include extensive concealment measures and design limitations to ensure small cells are mounted as closely to the pole as possible, are painted to blend in with the pole and do not exceed certain maximum dimensions. Legal staff are currently finalizing the first such Franchise Agreement including concealment measures ECD has agreed to, which will be presented to the City Council MOTION: Adopt Ordinance No.________, which amends chapter 15.08.035 of the Kent City Code, related to small cell wireless facilities. in October. As written in the attached ordinance, staff recommends adding a land use review exemption for small cells attached to utility poles in the right-of-way and adding a definition of “small cell equipment” and “personal wireless service.” As traditional cell towers or macrocells will still be used in some locations, staff recommends retaining the rest of KCC 15.08.035 unchanged to apply to all wireless facilities located outside right- of-way. This issue was discussed at Council Workshops on February 20, 2018 and April 3, 2018 and considered by the Land Use & Planning Board (LUPB) at a July 23, 2018 public hearing. EXHIBITS: Ordinance RECOMMENDED BY: Economic & Community Development Committee YEA: Kaur, Boyce, Larimer NAY: BUDGET IMPACT: STRATEGIC PLAN GOAL(S): ☒ Innovative Government - Empowering responsible citizen engagement, providing outstanding customer service, leveraging technologies, and fostering new opportunities and industries that benefit our community. ☒ Thriving Neighborhoods and Urban Centers - Creating vibrant urban centers, welcoming neighborhoods, and green spaces for healthy growth and cultural celebration. ☒ Inclusive Community - Embracing the power of our diversity by encouraging community participation and creating a strong sense of belonging. 1 Amend KCC 15.08.035- Re: Small Cell Equipment ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 15.08.035 of the Kent City Code, entitled “Wireless telecommunications facilities,” to add definitions and a land use review exemption relating to small cell equipment. RECITALS A. There is a need to encourage the availability of high-speed internet and cellular telephone access for residents and businesses, acknowledging that a growing number of businesses are conducted from homes or on-the-go; that education increasingly incorporates on-line learning necessitating good home internet connections for students and faculty; and that government participation and emergency service to the general public are enhanced by fast and reliable cellular and home internet connectivity. B. Increasing public demand for fast and reliable cellular and internet service has necessitated new wireless technology called “small cells” that transmit at much lower signal power levels, enabling wireless telecommunication equipment to be smaller and located on shorter poles. 2 Amend KCC 15.08.035- Re: Small Cell Equipment C. It is important to accommodate the growing demand and constantly changing technology for telecommunications services in support of City Council’s strategic goal for evolving infrastructure. D. It is necessary to encourage the location of small cell facilities on existing infrastructure, including proprietary and leased poles within the right-of-way in order to encourage concealed technologies; thereby minimizing visual impacts and effects upon the natural environment. E. Small cell equipment attaching to propriety or leased poles such as electric, telephone or light poles will look and function like utilities. Utilities such as these do not currently require land use permits unless they are located within 200 feet of a shoreline of the state. F. The Zoning Code currently requires a land use permit for each proposal to attach wireless telecommunication equipment to an existing structure. Current and anticipated future requests from multiple wireless carriers to place small cell equipment on hundreds of utility poles throughout the city will result in a significant amount of staff time to review the land use permits and write staff reports. G. It is within the public interest to streamline City processes and reduce staff time where the streamlined effort will have the same result on the physical environment as the prior process. H. At two City Council Workshops on February 20, 2018 and April 3, 2018, Legal and Planning staff provided an overview regarding small cell technology and aesthetics, explaining the need for streamlined permitting and concealment measures. I. On May 18, 2018, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City’s proposed code amendments related to small cell 3 Amend KCC 15.08.035- Re: Small Cell Equipment facilities. The Washington State Department of Commerce granted the request for expedited review on June 5, 2018. No comments were received from State agencies. J. The City’s SEPA Responsible Official determined that the proposed code amendments are categorically exempt under WAC 197-11- 800(19) because they relate solely to governmental procedures and contain no substantive standards respecting use or modification of the environment. K. At its regularly-scheduled public meeting on July 23, 2018, the Land Use and Planning Board (LUPB) held a public hearing regarding the proposed code amendments related to small cell facilities. After considering the matter, the LUPB voted to recommend adoption of the proposed amendments to the City Council. L. On September 10, 2018, the Economic and Community Development Committee considered the recommendations of the LUPB at its regularly-scheduled meeting, and recommended to the full City Council approval of the proposed code amendments. M. At its regularly-scheduled meeting on September 18, 2018, the City Council voted to ________ the amendments to portions of Chapter 15.08.035 of the Kent City Code, pertaining to small cell facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 15.08.035. Section 15.08.035 of the Kent City Code, entitled “Wireless telecommunications facilities,” is hereby amended to read as follows: 4 Amend KCC 15.08.035- Re: Small Cell Equipment Sec. 15.08.035. Wireless telecommunication facilities. A. Purpose and goals. The purpose of this section is to establish general guidelines for the siting of wireless telecommunications facilities (WTFs), specifically including, without limitation, towers and antennas, in light of the following goals: 1.Protecting residential areas from potential adverse impacts; 2.Enhancing the ability of the providers of wireless telecommunications services to provide those services quickly, effectively, and efficiently; 3.Encouraging location in nonresidential areas; 4.Minimizing the total height of towers within the community; 5.Encouraging the joint use of new and existing sites; 6.Encouraging service providers to locate and configure facilities to minimize adverse impacts through careful design, siting, landscaping, screening, and innovative camouflaging techniques; and 7.Considering potential adverse impacts to the public health and safety from these facilities except where preempted by other laws, rules, and regulations. In furtherance of these goals, the city shall give due consideration to the city’s comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of WTFs, including towers and antennas. B. Definitions. As used in this section only, the following terms shall have the meanings set forth below: Abandon or abandonment means: 1.To cease operation for a period of one hundred eighty (180) or more consecutive calendar days; or 2.To reduce the effective radiated power of an antenna by seventy-five (75) percent for one hundred eighty (180) or more consecutive calendar days unless new technology or the construction of 5 Amend KCC 15.08.035- Re: Small Cell Equipment additional cells in the same locality allows reduction of effective radiated power by more than seventy-five (75) percent, so long as the operator still serves essentially the same customer base. Antenna means any exterior transmitting or receiving device used in communications that radiates or captures electromagnetic waves. Backhaul network means the lines that connect a provider’s WTFs/towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Camouflage means to disguise, hide, or integrate with an existing or proposed structure or with the natural environment so as to be significantly screened from view. Co-locate means use of a WTF by more than one (1) service provider. COW means cell on wheels or Cellular on Wheels. EIA means Electronic Industries Association. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Guyed tower means a wireless communication support structure which is typically over one hundred (100) feet tall and is steadied by wire guys in a radial pattern around the tower. Height means, when referring to a tower or other WTF, the distance measured from the finished grade of the parcel at the base of the WTF to the highest point on the tower or other WTF, including the base pad and any antennas. Lattice tower means a support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. Monopole tower means a support structure which consists of a single pole sunk into the ground and/or attached to a foundation. 6 Amend KCC 15.08.035- Re: Small Cell Equipment Non-whip antenna means an antenna that is not a whip antenna, such as dish antennas, panel antennas, etc. Personal Wireless Service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined in Title 47, United States Code, Section 332(c)(7)(C), or as amended. Preexisting WTF means any WTF for which a building permit has been properly issued prior to July 7, 1997, including permitted WTFs that have not yet been constructed, so long as that permit or approval has not expired. Small Cell Equipment means Wireless Telecommunications Facilities attached, mounted, or installed on a proprietary or leased pole excluding monopole towers, that is located in Right-of-Way and used to provide Personal Wireless Service. Telecommunications means the transmission, between or among points specified by the user, of information of the user’s choosing without change in the form or content of the information as sent and received. Telecommunications service means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telecommunications, telephone, radio, and similar communication purposes. The term includes the structure, all structural supports, and all related buildings and appurtenances. Whip antenna means an omni-directional dipole antenna of cylindrical shape that is no more than six (6) inches in average diameter. Wireless telecommunications facility or WTF includes “personal wireless service,” “personal wireless service facilities,” and “facilities” as defined in Title 47, United States Code, Section 332(c)(7)(C), including all 7 Amend KCC 15.08.035- Re: Small Cell Equipment future amendments, and also includes facilities for the transmission and reception of radio or microwave signals used for communication, telecommunication, cellular phone personal communications services, enhanced specialized mobile radio, and any other services licensed by the FCC, and also includes any other unlicensed wireless services. C. Applicability. 1.New uses. All WTF proposals made in the city, whether for new construction or for modification of existing facilities, shall be subject to the regulations set forth in this code, except as provided in subsection (D) of this section. D. Exemptions. The following are exempt from the provisions of this section and are allowed in all zoning districts. 1.Existing uses. WTFs that currently exist on July 7, 1997, or for which a valid building permit has been obtained and remains in effect on July 7, 1997, except this exemption does not apply to modifications of existing facilities. 2.Industrial/scientific equipment. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. 3.Amateur radio station operators or receive-only antennas. Any tower or antenna that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. 4.Home satellite services. Satellite dish antennas less than two (2) meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property. 5.COW. A COW or other temporary WTF, but its use anywhere in the city cannot exceed thirty (30) days, unless extended by permit 8 Amend KCC 15.08.035- Re: Small Cell Equipment issued by the planning manager or unless the city has declared an area- wide emergency. 6.Public safety WTFs and equipment. Public safety WTFs and equipment, including, but not limited to, the regional 911 system. 7.Small Cell Equipment. Small cell equipment as defined in 15.08.035.B, subject to a specific agreement with the City, provided such equipment complies with concealment features stipulated in such agreements. E. General. 1.Principal or accessory use. WTFs may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of WTFs on that lot. 2.Not essential services. WTFs shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential public services. F. General requirements. 1.Siting. Anyone who applies to construct a WTF or to modify or add to an existing WTF shall demonstrate to the city’s satisfaction that the proposed facility is located at the least obtrusive and the most appropriate available site to function in the applicant’s grid system. 2.FCC licensing. The city will only process WTF permit applications upon a satisfactory showing of proof that the applicant is an FCC licensed telecommunications provider or that the applicant has agreements with an FCC licensed telecommunications provider for use or lease of the facility. 3.Compliance with other laws. Applicants must show, to the satisfaction of the planning manager, compliance with current FCC and FAA rules and regulations and all other applicable federal, state, and local laws, rules, and regulations. 9 Amend KCC 15.08.035- Re: Small Cell Equipment 4.Lot size. For purposes of determining whether the installation of WTFs complies with district development regulations including, but not limited to, setback requirements, lot-coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the WTFs may be located on leased parcels within that lot. 5.Height. Unless further restricted or expanded elsewhere in this section, no WTFs may exceed the following height and usage criteria: a.For a single user, up to ninety (90) feet in height; and b.For two (2) or more users, up to one hundred twenty (120) feet in height. 6.Security fencing. WTFs shall be enclosed, where appropriate, by security fencing not less than six (6) feet in height; provided however, that the planning manager or, where applicable, the hearing examiner may waive these requirements, as appropriate. 7.Landscaping. WTFs shall be landscaped with a buffer of plant materials that effectively screens the view of the WTF compound; provided, however, that the planning manager or, where applicable, the hearing examiner may waive these requirements if the goals of this section would be better served. 8.WTFs mounted on structures or rooftops. WTFs mounted on existing structures or rooftops shall be designed and located so as to minimize visual and aesthetic impacts to the adjoining land uses and structures and shall, to the greatest extent practical, blend into the existing environment. 9.Aesthetics. WTFs shall meet the following requirements: a.WTFs shall be painted a neutral color so as to reduce visual obtrusiveness. b.At a WTF site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend into the existing natural and constructed environment. 10 Amend KCC 15.08.035- Re: Small Cell Equipment 10.Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required for any WTF, the lighting must cause the least disturbance to the surrounding area. 11.Measurement. For purposes of measurement, WTF setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries. 12.Franchises, licenses, and permits. Owners and/or operators of WTFs shall certify that they have obtained all franchises, licenses, or permits required by law for the construction and/or operation of a wireless telecommunication system in the city and shall file a copy of all required franchises, licenses, and permits with the planning manager. 13.Signs. No signs shall be allowed on an antenna or tower. 14.Backhaul providers. Backhaul providers shall be identified and they shall have and maintain all necessary approvals to operate as such, including holding necessary franchises, permits, and certificates. The method of providing backhaul, wired or wireless, shall be identified. G. Tower requirements. 1.Tower setbacks. All towers, support structures, and accessory buildings must satisfy the minimum setback requirements for that zoning district. 2.Support systems setbacks. All guywires, anchors, and other support structures must be located within the buildable area of the lot and not within the front, rear, or side yard setbacks and no closer than five (5) feet to any property line. 3.Monopole construction required. All towers will be of a tapering monopole construction; however, the planning manager or, where applicable, the hearing examiner may allow another type tower upon a showing that it would cause less impact to the surrounding 11 Amend KCC 15.08.035- Re: Small Cell Equipment property than a similar monopole structure or would further the purposes and goals in this section. 4.Inventory of existing sites. Each applicant for a tower shall provide an inventory of its existing WTF sites that are either within the jurisdiction of the city or within one (1) mile of its borders, including specific information about the location, height, and design of each facility. 5.EIA standards. Towers shall be constructed so as to meet or exceed the most recent EIA standards. Prior to issuance of a building permit, the building official shall be provided with an engineer’s certification that the tower’s design meets or exceeds those standards. 6.Site selection and height. Towers shall be located to minimize their number and height and to minimize their visual impacts on the surrounding area in accordance with the following policies: a.Ensure that the height of towers has the least visual impact and that the height is no greater than necessary to achieve service area requirements and to provide for potential co-location; and b.Demonstrate that the owner or operator has, to the greatest extent practical, selected a new tower site that provides the least visual impact on residential areas. This shall include an analysis of the potential impacts from other vantage points in the area to illustrate that the selected site and design provides the best opportunity to minimize the visual impact of the proposed facility; and c.Site so as to minimize being visually solitary or prominent when viewed from surrounding areas, especially residential areas. The facility should be camouflaged to the maximum extent feasible. 7.Co-location priority. Co-location of antennas by more than one (1) carrier on existing towers is preferred to construction of new towers; provided, that the co-location is consistent with the following: a.Redesign restrictions. A tower that is modified or reconstructed to accommodate the co-location of an additional antenna 12 Amend KCC 15.08.035- Re: Small Cell Equipment shall be of the same tower type as the existing tower, or of a less obtrusive design (such as a monopole), if practical. b.Height. Except as may be modified in subsection (I)(1)(a) of this section, an existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower’s existing height or one hundred twenty (120) feet, whichever is lower, to accommodate the co-location by another provider or operator of an additional antenna system in any district except DC, DCE, NCC, and all SR districts. This additional height shall not require an additional distance separation. c.Onsite relocation. A tower that is being rebuilt to accommodate the co-location of an additional antenna may be relocated on its existing site within fifty (50) feet of its existing location. If consistent with the purposes and goals in subsection (A) of this section, the planning manager or, where applicable, the hearing examiner, may permit the onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands. 8.Separation distances between towers. Separation distances between towers shall be measured between the proposed tower and preexisting towers. Measurement shall be from base of tower to base of tower, excluding pad, footing, or foundation. The separation distances shall be measured by drawing or following a straight line between the nearest point on the base of the existing tower and the proposed tower base, pursuant to a site plan of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 1, unless the distance is reduced by the planning manager when administratively approving a WTF or by the hearing examiner through issuance of a conditional use permit. Table 1 13 Amend KCC 15.08.035- Re: Small Cell Equipment Lattice Guyed Mono- pole 75 feet in height or greater Mono- pole less than 75 feet in height Lattice 5,000 5,000 1,500 750 Guyed 5,000 5,000 1,500 750 Monopole 75 feet in height or greater 1,500 1,500 1,500 750 Monopole less than 75 feet in height 750 750 750 750 H. Administratively approved WTFs. The planning manager may administratively approve the uses listed in this subsection, once each applicant has applied for and provided all necessary information required in this code and in the city’s application form. This administrative approval is classified as a Process I application and is subject to the requirements of Ch. 12.01 KCC. 1.Administratively approved uses. The following uses may be approved by the planning manager after conducting an administrative review: a.Industrial/commercial zones. Locating WTFs, including the placement of additional buildings or other supporting equipment used in connection with WTFs, that do not exceed ninety (90) feet in height for a single user and one hundred twenty (120) feet in height for two (2) or more users in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC. b.Antennas on existing structures. Locating a WTF other than a tower as an accessory use by attachment to any building or structure other than a single-family dwelling or multifamily structure of fewer than eight (8) dwelling units in any zoning district provided: 14 Amend KCC 15.08.035- Re: Small Cell Equipment i.The antenna does not extend more than twenty (20) feet above the highest point of the structure if a whip antenna, or ten (10) feet above the highest point of the structure if a non-whip antenna; and ii.The antenna complies with all applicable building codes; and iii.All associated equipment is placed either within the same building or in a separate structure that matches the existing building or structure in character and materials. c.WTFs on existing towers. Locating a WTF through co- location by attaching the antenna to an existing tower. d.WTFs within allowable building height. Locating WTFs, including placement of additional buildings or other supporting equipment used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10 districts, so long as the WTF does not exceed the allowable building height for that district. e.COWS for greater than thirty (30) day periods. Upon a proper showing of extreme necessity (for example, if repair or modification of an existing WTF clearly and legitimately cannot be completed within thirty (30) days), locating a COW at a single location for more than thirty (30) calendar days; however, purely economic convenience shall not be considered a viable factor in making this determination. 2.Authority to waive certain requirements. In connection with this administrative approval, the planning manager may, in order to encourage camouflaging and co-location of WTFs, administratively waive separation distance requirements between WTFs by up to fifty (50) percent in nonresidential zones. Additionally, the planning manager may, in order to encourage the use of the least obtrusive type of WTF, administratively allow the reconstruction of an existing WTF to that less obstructive use. 15 Amend KCC 15.08.035- Re: Small Cell Equipment I. Conditional use permits. Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of KCC 15.09.030 and Ch. 12.01 KCC, except as modified by this subsection. If the WTF is not subject to administrative approval pursuant to subsection (H) of this section, then a conditional use permit shall be required. 1.Conditional WTF uses. Specifically, conditional use permits shall be required for the following WTFs: a.Industrial/commercial zones. Locating WTFs that exceed ninety (90) feet in height for a single user or one hundred twenty (120) feet for two (2) or more users or locating antennas on existing structures that exceed the height limitations in subsection (H)(2)(b) of this section in the following districts: MA, M1, M1-C, M2, M3, CM-1, CM-2, GC, and GWC. b.Government property. Locating WTFs (1) separate from existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity or (2) attached to existing structures on property owned, leased, or otherwise controlled by the city or other governmental entity exceeding the height limitations in subsection (H)(2)(b) of this section, but only on the condition that the total height of the attached WTF, including the structure, does not exceed one hundred twenty (120) feet, unless permitted under subsection (I)(1)(a) of this section; however, this subsection shall not apply in DC, DCE, and NCC districts. c.WTFs exceeding allowable building height. Locating WTFs that exceed the allowable building height in the following districts: O, CC, MRG, MRM, MRH, AG, and A-10. d.Tower construction under allowed separation distances. Locating towers that do not meet the separation distance requirements in 16 Amend KCC 15.08.035- Re: Small Cell Equipment subsection (G)(8) of this section or that do not meet administratively approved separation distance limits. 2. Factors considered in granting conditional use permits for towers. In addition to KCC 15.09.030(D), the hearing examiner shall also consider the following factors when considering a CUP application for WTF towers: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residential district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; g. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures; h. Obstruction of or interference with views; i. Consistency with purpose and goals set forth in subsection (A) of this section. 3. Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the hearing examiner that no existing tower, structure, or alternative technology that does not require the use of towers can accommodate the applicant’s proposed WTF. An applicant shall submit information requested by the hearing examiner related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology 17 Amend KCC 15.08.035- Re: Small Cell Equipment can accommodate the applicant’s proposed WTF may consist of any of the following: a. No existing WTF is located within the geographic area that meets applicant’s engineering requirements. b. Existing WTFs are not of sufficient height to meet applicant’s engineering requirements. c. Existing WTFs cannot practically be reconstructed to provide sufficient structural strength to support applicant’s proposed antenna and related equipment. d. Electromagnetic interference would occur between two (2) or more WTF systems. e. The fees, costs, or contractual provisions required by the owner in order to share an existing WTF or to adapt an existing WTF for co-location are unreasonable. Fees or costs that exceed new WTF development shall not be presumed to render sharing facilities unsuitable. f. Other limiting factors render existing WTFs unsuitable. g. An alternative technology that does not require the use of towers or structures would be unsuitable. Costs of alternative technology that exceed new WTF development shall not be presumed to render the technology unsuitable. 4. Separation requirements. The hearing examiner may reduce tower separation distance requirements, including administratively approved separation distance reductions, if the purposes and goals of this section would be better served; however, development of multiple tower locations on a single site (often referred to as “antenna farms”) are specifically discouraged wherever possible. J. Removal of abandoned towers. 1. Abandonment and removal. The owner or operator of any abandoned tower shall notify the city’s planning manager, in writing, of that abandonment and shall remove the same within ninety (90) calendar 18 Amend KCC 15.08.035- Re: Small Cell Equipment days. Failure to remove an abandoned tower within ninety (90) calendar days shall be grounds to remove the tower at the owner’s expense. If there are two (2) or more users of a single tower, then the city’s right to remove the tower shall not become effective until all users abandon the tower. 2. Partial abandonment and removal. If the antennas on any tower are removed or relocated to a point where the top twenty (20) percent or more of the height of the tower is no longer in use, the tower shall be deemed partially abandoned. The owner or operator of any partially abandoned tower shall notify the city’s planning manager, in writing, of that partial abandonment and shall remove the partially abandoned portion within ninety (90) calendar days. Failure to remove a partially abandoned tower within ninety (90) calendar days shall be grounds to remove the abandoned portion of the tower at the owner’s expense. 3. Security and lien. Each applicant, prior to commencement of construction, shall post sufficient security in the form of a bond, assignment of funds, cashier’s check, or cash, in a form acceptable to the city, to cover the estimated cost of demolition or removal of the tower and support structures, including complete site restoration. If for any reason the posted funds are not adequate to cover the cost of removal, then the city may charge the facility owner or operator with the city’s total cost incurred in removing the abandoned structures. If the owner or operator fails to make full payment within thirty (30) calendar days, then the amount remaining unpaid shall become a lien on the facility property. K. Nonconforming uses. 1. Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted. Any construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. 19 Amend KCC 15.08.035- Re: Small Cell Equipment 2. Damage or destruction not the fault of owner/occupant. Bona fide nonconforming WTFs that are damaged or destroyed without fault attributable to the owner or entity in control may be rebuilt without first having to obtain administrative approval or a conditional use permit and without having to meet separation requirements. The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility. Building permits to rebuild the facility shall comply with applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in subsection (J) of this section. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force thirty 30 days from and after its passage, as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: 20 Amend KCC 15.08.035- Re: Small Cell Equipment KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR ‘PAT’ FITZPATRICK, CITY ATTORNEY 0. Agenda Item: Consent Calendar – 8F TO: City Council DATE: September 18, 2018 SUBJECT: Resolution Recognizing the Lake Meridian Ridge Neighborhood Council – Adopt SUMMARY: The Lake Meridian Ridge neighborhood consists of 76 households and is located on Kent’s East Hill. The neighborhood has completed the process to be recognized as a neighborhood council. The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between City government and the neighborhoods they serve. EXHIBITS: Resolution BUDGET IMPACTS: None STRATEGIC PLAN GOAL(S): ☒ Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. MOTION: Adopt Resolution No. , recognizing the Lake Meridian Ridge Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. This page intentionally left blank. 1 Lake Meridian Ridge Neighborhood Council Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, recognizing Lake Meridian Ridge Neighborhood Council. RECITALS A. The city of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the city of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The city of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Lake Meridian Ridge neighborhood consists of seventy six households. D. The Lake Meridian Ridge neighborhood is located on Kent’s East Hill and is generally situated to the north of Kent Kangley, to the east of 132nd Ave. SE, to the south of SE 270th St. and to the west of 133rd Pl. SE. 2 Lake Meridian Ridge Neighborhood Council Resolution The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. E. On August 17, 2018, the Lake Meridian Ridge neighborhood submitted an official registration form to request that the City recognize the Lake Meridian Ridge Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. – The City Council for the city of Kent hereby acknowledges the effort and commitment of the Lake Meridian Ridge neighborhood and all those who participated in forming the Lake Meridian Ridge Neighborhood Council. The Kent City Council hereby recognizes Lake Meridian Ridge Neighborhood Council as an official Neighborhood Council of the city of Kent, supports Lake Meridian Ridge Neighborhood Council community building efforts, and confers on the Lake Meridian Ridge Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. 3 Lake Meridian Ridge Neighborhood Council Resolution PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of September, 2018. CONCURRED in by the mayor of the city of Kent this ______ day of September, 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Resolution\Neighborhoodcouncillakemeridianridgeresolution.Docx EXHIBIT A Agenda Item: Consent Calendar – 8G TO: City Council DATE: September 18, 2018 SUBJECT: South 228th Street UPRR Grade Separation Project – Public Highway Overpass Agreement with the Union Pacific Railroad – Authorize SUMMARY: This agreement is required for the City to install the new bridge over the Union Pacific Railroad Right of Way and includes requirements for construction of the bridge, removal of the at grade crossing, signal and crossing arms as well as requirements for the contractor working on the site. The estimated cost for this agreement is $307,471.00 which includes, removal of the crossing features mentioned above as well as engineering and flagging costs of $211,400. The City is also contracting with RailPros Inc. to perform the flagging services. EXHIBITS: Public Highway Overpass Agreement RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher NAY: N/A BUDGET IMPACTS: The cost of this work is included in the project budget. STRATEGIC PLAN GOAL(S): ☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. MOTION: Authorize the Mayor to sign a Public Highway Overpass Agreement with the Union Pacific Railroad for the South 228th Street UPRR Grade Separation Project in an amount not to exceed $307,471.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. 1 UP Real Estate Folder No.: 2111-48 Audit Number ___________________ PUBLIC HIGHWAY OVERPASS AGREEMENT 228th STREET DOT 396576X MILE POST 168.01, SEATTLE SUBDIVISION KENT, KING COUNTY, WASHINGTON THIS AGREEMENT ("Agreement") is made and entered into as of the __________ day of ________________, 20___ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and the CITY OF KENT, a municipal corporation or political subdivision of the State of Washington to be addressed at 400 West Grove, Kent, WA 98032 ("Political Body"). By instrument dated November 18th, 1969, CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, UNION PACIFIC RAILROAD COMPANY, as lessee, and the Political Body entered into an agreement (the “Original Agreement”), under Railroad’s Audit OX938 and Folder 2111-48, covering the construction, use, maintenance and repair of an at-grade public road crossing over 228th Street, DOT 396576X at Railroad’s Milepost 168.01 on Railroad’s Seattle Subdivision at or near Kent, King County, Washington (the “At-Grade Crossing”). The Railroad named herein is successor in interest to CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY and OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY. The Political Body now desires to undertake as its project (the “Project”) the construction of new grade separated overpass (the “Structure”) and the permanent closure of the At-Grade Crossing that was constructed under the Original Agreement. The right of way right granted by CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY and OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY to the Political Body under the terms of the Original Agreement is hereinafter referred to as the “1969 Agreement Footprint” as shown on Exhibit A, attached hereto and hereby made a part hereof. As depicted on Exhibit A, the 1969 Agreement Footprint is sufficient to allow for construction of the Structure. The portion of the At-Grade Crossing within Railroad’s property and within the 1969 Agreement Footprint is depicted on Exhibit A as the “Existing Crossing Area.” The additional area within Railroad’s property and within the 1969 Agreement Footprint that will be occupied by the Structure is depicted on Exhibit 2 A as “Additional Crossing Area.” For purposes of this Agreement, the Existing Crossing Area and Additional Crossing Area reflect the portion of the Structure within Railroad’s property and is referred to herein as the “Crossing Area.” The Political Body’s type, size and location prints of the Structure are marked Exhibit A-1, attached hereto and hereby made a part hereof. The Railroad and the Political Body are entering into this Agreement to cover the above. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBITS B AND D The general terms and conditions marked Exhibit B, and the Railroad’s Coordination Requirements marked Exhibit D, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration of ONE THOUSAND DOLLARS ($ 1,000.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement (specifically including but not limited to Section 3 of this Agreement related to the closure of the At-Grade Crossing), the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Structure over and across the Crossing Area. Section 3. CLOSURE OF AT-GRADE CROSSING A. Upon written confirmation from the Political Body that construction of the Structure is complete, and that the Political Body has taken all required action to formally approve and authorize the closure of the At-Grade Crossing, Railroad agrees to remove the crossing surface and warning devices in accordance with the Estimate (defined below). B. Prior to the Railroad's removal of the crossing surface and warning devices, the Public Authority, at its expense, shall (i) remove all roadway materials, approach surfaces up to the track tie ends, and restore the ditchlines at the At-Grade Crossing, (ii) provide new advance street signs, pavement markings and/or barricades to indicate At-Grade Crossing is closed, with such signage to be in compliance with applicable current standards and guidelines, and (iii) require its Contractor (defined below) to comply with the conditions set forth in Section 5 of this Agreement when performing work related to the At-Grade Crossing. 3 D. Political Body hereby confirms that following construction of the Structure and Railroad’s performance of work related to the closure of the At-Grade Crossing, the Political Body shall relinquish any and all property rights it may have in the At-Grade Crossing, with the exception of any rights granted by this Agreement. For the avoidance of doubt and without limiting any provision contained in this Agreement, the Political Body shall relinquish all rights to use the At-Grade Crossing by it and all other persons and entities as well as rights to any future at-grade crossings accessing the same area, including but not limited to relinquishing any and all rights granted by the Railroad to the Political Body pursuant to any and all agreements between the parties, including but not limited to the Original Agreement. E. If Political Body completes the construction of the Structure and such Structure is opened to the public for use, Political Body shall close the At-Grade Crossing no later than three months following such conditions. If the Political Body fails to timely effectuate closure of the At-Grade Crossing (and work related thereto) for a reason other than a failure of performance by the Railroad under this Agreement, or Political Body fails to comply with the obligations described in Section 3 of this Agreement, then such failure shall be deemed a material breach of this Agreement and Railroad shall have the right to immediately terminate this Agreement upon 15 days’ written notice to Political Body. Section 4. DEFINITION OF CONTRACTOR For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the 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. Section 5. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area involving the Project, and any subsequent maintenance or repair work, the Political Body shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit E, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and 4 obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the 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: Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No 2111-48 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 6. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Section 7. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 8. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated 1/18/18 and 2/7/18, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is THREE HUNDRED SEVEN THOUSAND FOUR HUNDRED SEVENTY ONE DOLLARS ($307,471.00). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence 5 construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimate. C. The Political Body acknowledges that the Estimate does include an estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Railroad shall send progressive billing to the Political Body during the Project, and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed. E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 9. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the Railroad’s tracks and, if applicable, all demolition and removal plans for the existing structure. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. 6 D. Upon completion of the Structure, the Political Body, at its expense, shall furnish to the Railroad two (2) sets of reproducible “as constructed” Plans of the Structure. E. The Railroad's review and approval of the Plans in no way relieves the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 10. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 9. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("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 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 Non Railroad Facilities. 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 Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 9B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 11. RAILROAD’S COORDINATION REQUIREMENTS The Political Body, at its expense, shall ensure that the Contractor complies with all of the terms and conditions contained in the Railroad’s Coordination Requirements 7 that are described in Exhibit D, attached hereto and hereby made a part hereof, and other special guidelines and/or requirements that the Railroad may provide to the Political Body for this Project. Section 12. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Structure remains on the Railroad’s property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 13. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and the Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans. (iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement. (iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contractor's Right of Entry Agreement. Section 14. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Structure shall not commence until Railroad and Political Body 8 agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 15. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 16. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 9 of Exhibit B of this Agreement. Section 17. SUPPLEMENT TO THE EXISITNG AGREEMENT The Original Agreement shall be supplemented by this Agreement. In the event of any conflict between the Original Agreement and this Agreement, the terms and provisions of this Agreement shall control. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By ________________________________ Printed Name: _______________________ Title: _______________________________ ATTEST: CITY OF KENT ____________________________ By________________________________ [City Clerk] [County Clerk] Printed Name: ______________________ Title: ______________________________ (SEAL) Pursuant to Resolution/Order No. _______ dated ____________________, 20______, hereto attached Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law EXHIBIT A TO PUBLIC HIGHWAY OVERPASS AGREEMENT Exhibit A will be a print showing the 1969 AGREEMENT FOOTPRINT, EXISTING CROSSING AREA, AND ADDITIONAL CROSSING AREA (see Recitals) Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law EXHIBIT A-1 TO PUBLIC HIGHWAY OVERPASS AGREEMENT Exhibit A-1 will be the type, size and location prints of the Structure (see Recitals) PROJECT LOCATION 1 2-3 4 5 6 LEGEND, NOTES, DATUM & ABBREVIATIONS RIGHT OF WAY PLANS ROADWAY AND STORM DRAINAGE PLAN & PROFILE EXISTING RAILROAD TRACK PROFILES FENCING PLAN City of Kent Public Works Department Engineering Division City of Kent Public Works Department Engineering Division City of Kent Public Works Department Engineering Division City of Kent Public Works Department Engineering Division City of Kent Public Works Department Engineering Division City of Kent Public Works Department Engineering Division Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law 1 EXHIBIT B TO PUBLIC HIGHWAY OVERPASS AGREEMENT SECTION 1 - CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property and the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to the Structure, provided that such attachments shall comply with Political Body's specifications and will not interfere with the Political Body's use of the Crossing Area. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law 2 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2 - CONSTRUCTION OF STRUCTURE A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, the Railroad’s Coordination Requirements set forth in Exhibit D and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the Political Body and/or the Contractor. SECTION 3 - INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law 3 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4 - RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5 - MAINTENANCE AND REPAIRS A. The Political Body, at its expense, shall maintain, repair and renew, or cause to be maintained, repaired and renewed, the entire Structure, including, but not limited to, the superstructure, substructure, piers, abutments, walls, approaches and all backfill, grading and drainage required by reason of the Structure, as well as all graffiti removal or overpainting involving the Structure. B. The Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, the rails, ties, ballast and communication and signal facilities owned by the Railroad beneath the Structure. SECTION 6 - SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Structure, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law 4 or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body 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 Political Body whether a flagman need be present and whether Political Body 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 Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) 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, Political Body 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 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 Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law 5 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 Political Body 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, Political Body 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, Political Body 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. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (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 work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse and, to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law 6 suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering-Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law 7 shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the 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. Political Body shall telephone the 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 the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 7 - INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed. SECTION 8 - OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 9 - BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law 8 period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 10 -.REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 11 - MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law EXHIBIT C TO PUBLIC HIGHWAY OVERPASS AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimate. DATE: 2018-01-18 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2018-07-19 DESCRIPTION OF WORK: REMOVE EXISTING CROSSING SIGNALS AND CABIN SEATTLE SUB - 228TH ST - DOT# 396576X MP 168.01 100% RECOLLECTIBLE EG 998 PID: 105029 AWO: MP,SUBDIV: 168.01, SEATTLE SERVICE UNIT: 18 CITY: KENT STATE: WA DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ----------- --- ---- ----- -------- ------- ----- ----- ENGINEERING WORK A/C PRINTS-DISTRIBUTION 3000 3000 3000 ENGINEERING 172 172 172 LABOR ADDITIVE 190.39% 328 328 328 ------- -------- -------- -------- -------- TOTAL ENGINEERING 500 3000 3500 3500 SIGNAL WORK CONTINGENCY 20% 5093 5093 5093 LABOR ADDITIVE 190.39% 12416 12416 12416 PERSONAL EXPENSES 2250 2250 2250 SALES TAX 68 68 68 SIGNAL 6521 1700 8221 8221 TRANSPORTATION CHARGES 145 145 145 ------- -------- -------- -------- -------- TOTAL SIGNAL 18937 9256 28193 28193 TRACK & SURFACE WORK ENVIRONMENTAL PERMIT 10 10 10 ------- -------- -------- -------- -------- TOTAL TRACK & SURFACE 10 10 10 ------- -------- LABOR/MATERIAL EXPENSE 19437 12266 -------- -------- RECOLLECTIBLE/UPRR EXPENSE 31693 10 -------- ESTIMATED PROJECT COST 31703 EXISTING REUSEABLE MATERIAL CREDIT 0 SALVAGE NONUSEABLE MATERIAL CREDIT 0 -------- RECOLLECTIBLE LESS CREDITS THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. DATE: 2018-02-07 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GOOD FOR 6 MONTHS EXPIRATION DATE IS :2018-08-08 DESCRIPTION OF WORK: KENT, WA /S 228TH ST. / DOT#396576X-3 / SEATTLE SUB/ MP 168.01 REMOVE EXISTING 56TF CROSSING SURFACE PROJECT WAS BUILT USING FED ADDITIVE W/O OVERHEAD AND INDIRECT 190% UPRR WILL BE REIMBURSED FOR 100% OF COST TO REMOVE THE CROSSING SURFACE BY THE LOCAL GOVERNMENT PID: 105030 AWO: MP,SUBDIV: 168.01, SEATTLE SERVICE UNIT: 18 CITY: KENT STATE: WA DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ----------- --- ---- ----- -------- ------- ----- ----- ENGINEERING WORK ENGINEERING 1000 1000 1000 LABOR ADDITIVE 190% 1900 1900 1900 ------- -------- -------- -------- -------- TOTAL ENGINEERING 2900 2900 2900 TRACK & SURFACE WORK BILL PREP FEE 900 900 900 FOREIGN LINE FREIGHT 300 300 300 HOMELINE FREIGHT 900 900 900 LABOR ADDITIVE 190% 14367 14367 14367 RDXING 11401 11401 11401 ------- -------- -------- -------- -------- TOTAL TRACK & SURFACE 25768 2100 27868 27868 ------- -------- LABOR/MATERIAL EXPENSE 28668 2100 -------- -------- RECOLLECTIBLE/UPRR EXPENSE 30768 0 -------- ESTIMATED PROJECT COST 30768 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. Flagging and Engineering Estimate The estimated costs for Railroad Flagging, Engineering, and Field Inspections are $1400.00 per 175hr day for the new 228 over head bridge and crossing removal project. The City of Kent has projected that one flagman for 151 days will be required during construction, UPRR estimates 24 days of engineering and field inspections for this project therefore, 175 days @ $1400.00 per 12hr day = $245,000.00 estimated labor costs. Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law Exhibit D 1 EXHIBIT D TO PUBLIC HIGHWAY OVERPASS AGREEMENT RAILROAD COORDINATION REQUIREMENTS 1.01 DEFINITIONS Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency covering the construction and maintenance of the Project. Agency: City of Kent AREMA: American Railway Engineering and Maintenance-of-way Association Contractor: The contractor or contractors hired by the Agency to perform any project 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. MUTCD: Manual on Uniform Traffic Control Devices Project: 228th Street Railroad: Union Pacific Railroad Company Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project (see Section 1.03) Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project (see Section 1.03) Requirements: The Railroad Coordination Requirements set forth in this Exhibit. 1.02 DESCRIPTION This Project includes construction work within Railroad’s right-of-way. These Requirements describe coordination with the Railroad when work by the Contractor will be performed upon, over or under the Railroad right-of-way or may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while performing the work outlined in this Agreement and shall afford the same cooperation with the Railroad as it does with the Agency. All submittals and work shall be completed in compliance with these Requirements, Railroad guidelines and requirements, AREMA recommendations and/or as directed by the Railroad Local Representative and/or the Railroad MTM Representative. 1.03 UPRR CONTACTS The Railroad Project Representative for this project is: TERREL ANDERSON 775-356-2644 For Railroad flagging services and track work, contact the following Railroad MTM Representative: ADAM WAGNER 503-249-2323 1.04 PLANS / SPECIFICATIONS The plans and specifications for this Project, affecting the Railroad, are subject to the written approval by the Railroad. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are subject to the prior review and written approval of the Agency and the Railroad. No construction work shall commence until final stamped plans and/or changes to final stamped plans have been Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law Exhibit D 2 reviewed and approved by the Railroad in writing. The Railroad's review and approval of the Agency’s and/or Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, obligations and/or liabilities under this Agreement, Agency’s agreement with the Contractor for the Project and/or in the separate Contractor's Right of Entry Agreement referenced in Section 1.08. Railroad's approval will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of Agency's and/or Contractor's plans and that any reliance by the Agency or the Contractor with respect to such plans is at the risk of the Agency and the Contractor. 1.05 UTILITIES AND FIBER OPTICS A. All installations shall be constructed in accordance with current AREMA recommendations and Railroad specifications and requirements. Railroad general guidelines and the required application forms for utility installations can be found on the Railroad website at http://www.uprr.com/reus/pipeline/install.shtml. B. It shall be the responsibility of the Contractor, at its expense, to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project. Railroad has no obligation to supply additional Railroad property for non-railroad facilities affected by this Project, nor does the Railroad have any obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad’s property. Any facility and/or utility that crosses Railroad right of way must be covered under an agreement with the Railroad including, without limitation, any relocations of an existing facility and/or utility. C. Any longitudinal fiber optic lines on Railroad right of way shall be treated as Railroad facilities. Project design may need to be altered to accommodate such facilities. D. Any fiber optic relocations or protections that are required due to this Project will be at the Agency’s expense. 1.06 GENERAL A. It is essential that the proposed construction shall be performed without interference to Railroad operations and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations. The Railroad shall be reimbursed by the Contractor or Agency for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from the Contractor’s construction or other activities. B. Track protection is required for all work equipment (including rubber tired equipment) operating within 25 feet from nearest rail. All work shall be designed and executed outside the temporary construction clearance envelope defined in Section 1.12. C. The Contractor is also advised that new facilities within the Project may be scheduled to be built by the Railroad and that certain Contractor’s activities cannot proceed until that work is complete. The Contractor shall be aware of the limits of responsibilities, allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the Railroad. 1.07 RAILROAD OPERATIONS A. The Contractor shall be advised that trains and/or equipment should be expected on any track, at any time, and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve the Contractor’s understanding of Railroad traffic volume and operation at the Project site. The Contractor’s bid shall be structured assuming intermittent track windows as defined in Section 1.07 C B. All Railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities shall be maintained throughout the Project. Activities may include both through moves and switching moves to local customers. Railroad traffic and operations can occur continuously throughout the day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with Railroad's operations. Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law Exhibit D 3 C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project Representative and the Railroad MTM Representative. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below: 1. Conditional Work Window: A period of time in which Railroad's operations have priority over construction activities. When construction activities may occur on and adjacent to the railroad tracks within 25 feet of the nearest track, a Railroad flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the nearest active track or as directed by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to Railroad's local operating unit review and approval. 2. Absolute Work Window: A period of time in which construction activities are given priority over Railroad's operations. During this time the designated Railroad track(s) will be inactive for train movements and may be fouled by the Contractor. Before the end of an Absolute Work Window, all Railroad tracks and signals must be completely operational for normal train operations. Also, all Railroad, Public Utilities Commission and Federal Railroad Administration requirements, codes and regulations for operational tracks must be complied with. Should the operating tracks and/or signals be affected, the Railroad will perform inspections of the work prior to placing the affected track back into service. Railroad flag persons will be required for construction activities requiring an Absolute Work Window. Absolute Work Windows will generally not be granted. Any request will require a detailed written explanation for Railroad review and approval. 1.08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES A. Prior to beginning any work within the Railroad right-of-way, the Contractor shall enter into an agreement with the Railroad in the form of the Contractor’s Right of Entry Agreement, attached as ___________, or latest version thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance requirements and any other items specified by the Railroad. B. The Contractor shall give advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing work in connection with construction upon or over Railroad’s right-of-way and shall observe the Railroad rules and regulations with respect thereto. C. All work upon the Railroad right-of-way shall be done at such times and in such a manner as not to interfere with or endanger the operations of the Railroad. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad MTM Representative for approval, but such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor, which requires flagging service or inspection service, shall be deferred until the flagging protection required by the Railroad is available at the job site. See Section 1.21 for railroad flagging requirements. D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad MTM Representative for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request must include: 1. Description of work to be done. 2. The days and hours that work will be performed. 3. The exact location of the work and proximity to the tracks. 4. The type of window and amout of time requested. 5. The designated contact person for the Contractor. Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law Exhibit D 4 The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at least fifteen (15) days prior to commencing work in connection with the approved work windows when work will be performed within 25 feet of any track center line. All work shall be performed in accordance with previously approved work plans. E. Should a condition arise from, or in connection with, the work which requires immediate and unusual actions to be made to protect operations and property of the Railroad, the Contractor shall undertake such actions. If, in the judgment of the Railroad MTM Representative, such actions are insufficient, the Railroad MTM Representative may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor’s expense and without cost to the Railroad. The Railroad or Agency have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the Railroad MTM Representative, the Contractor’s operations may inhibit the Railroads operations. In the event such an order is given, the Contractor shall immediately notify the Agency of the order. 1.09 INSURANCE The Contractor shall not begin work within the Railroad’s right-of-way until the Railroad has been furnished the insurance policies, binders, certificates and endorsements required by the Contractor’s Right-of-Entry Agreement, and the Railroad Project Representative has advised the Agency that such insurance is in accordance with such Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and material from Railroad property and cleans the premises in a manner reasonably satisfactory to the Railroad. 1.10 RAILROAD SAFETY ORIENTATION All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “Orientation for Contractor’s Safety” and be registered prior to working on Railroad property. This orientation is available at www.contractororientation.com. This course is required to be completed annually. The precedin training does not apply for longitudinal fiber optic installations. 1.11 COOPERATION The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding that Railroad’s train operations at the job site shall have priority over the Contractor’s activities. 1.12 CONSTRUCTION CLEARANCES The Contractor shall abide by the twenty-one (21) foot temporary vertical construction clearance defined in section 4.4.1.1 and twelve (12) foot temporary horizontal construction clearance defined in section 4.4.1.2 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. It shall be the Contractor's responsibility to obtain such guidelines from the Agency or Railroad. Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by the Railroad. Any proposed variance on the specified minimum clearances due to the Contractor’s operations shall be submitted to the Railroad Project Representative through the Agency at least thirty (30) days in advance of the work. No work shall be undertaken until the variance is approved in writing by the Railroad Project Representative. 1.13 SUBMITTALS A. Construction submittals and Requests for Information (RFI) shall be submitted per Section 3.5 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3.5 of the BNSF and UPRR Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law Exhibit D 5 Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. The details of the construction affecting the Railroad tracks and property, not already included in the contract plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad’s review and written approval before such construction is undertaken. The Railroad shall not be liable to Agency, Contractor, and or any other person or entity if the Railroad’s review exceeds a four-week review time. C. As Built Submittals shall be submitted per Section 3.6 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. 1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES A. The Contractor, at its expense, shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor’s operations and to repair and restore any Railroad property, tracks and facilities of Railroad and/or its tenants. B. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state and federal regulations. 1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE, RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR A. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad Project Representative, Railroad MTM Representative or Railroad's Contractor at significant points during construction per Section 4.11 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the Railroad. C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided by the Contractor to the Agency for submittal to the Railroad’s Project Representative for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which the above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled. 1.16 RAILROAD REPRESENTATIVES A. Railroad representatives, conductors, flag persons or watch persons will be provided by the Railroad at the expense of the Agency or Contractor (as stated elsewhere in these bid documents) to protect Railroad facilities, property and movements of its trains and engines. In general, the Railroad will furnish such personnel or other protective services as follows: 1. When any part of any equipment or object, such as erection or construction activities, is standing or being operated within 25 feet, measured horizontally from centerline, of any track on which trains may operate. 2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM Representative, the track or other Railroad facilities may be subject to settlement or movement. 3. During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations. 4. During any Contractor’s operations when, in the opinion of the Railroad MTM Representative, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law Exhibit D 6 endangered. B. The Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag persons to accomplish the work. 1.17 WALKWAYS REQUIRED Parallel to the outer side of each exterior track of multiple operated track and on each side of single operated track, an unobstructed continuous space suitable for trainman’s use in walking along trains, extending in width not less than twelve feet (12’) perpendicular from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as practical. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9’ perpendicular from the center line of tangent track or 9’ – 6” horizontal from curved track. 1.18 COMMUNICATIONS AND SIGNAL LINES If required, the Railroad, at Agency's expense, will rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by Railroad forces in connection with its operation. This work by the Railroad will be done by its own forces or by contractors under a continuing contract and may or may not be a part of the work under this contract. 1.19 TRAFFIC CONTROL The Contractor’s operations which control traffic across or around Railroad facilities shall be coordinated with and approved by the Railroad MTM Representative and shall be in compliance with the MUTCD. 1.20 CONSTRUCTION EXCAVATIONS;CALL BEFORE YOU DIG NUMBER A. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of OSHA, AREMA and Railroad “Guidelines for Temporary Shoring”. B. In addition to calling the “811” number and/or the local “one call center”, the Contractor shall call the Railroad’s “Call Before Your Dig” number at least 48 hours prior to commencing work at 1-800-336-9193 during normal business hours (6:30 a.m. to 8:00 p.m. Central Standard Time, Monday through Friday, except holidays - also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near Railroad property, the Contractor will co-ordinate with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near Railroad property. The determination of whether fiber optics will be affected by the Project shall be made during the initial design phase of the Project. C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no alternative route available to contractor to access the project site. Alternative plans should be considered to avoid crossing Railroad tracks at grade. 1.21 RAILROAD FLAGGING Performance of any work by the Contractor in which person(s) or equipment will be within twenty-five (25) feet of any track, or that any object or equipment extension (such as, but not limited to, a crane boom) will reach within twenty-five (25) feet of any track, require railroad flagging services or other protective measures. The Contractor shall give an advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing any such work, allowing the Railroad to determine the need for flagging or other protective measures which ensure the safety of Railroad’s operations, employees and equipment. Contractor shall comply with all other requirements regarding flagging services covered by the Contractor’s Right of Entry Agreement. Any costs associated with failure to abide by these requirements will be borne by the Contractor. Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law Exhibit D 7 The estimated pay rate for each flag person is $1,400 per day for a(n) 8-hour work day with time and one- half for overtime, Saturdays, Sundays; double time and one-half for holidays. Flagging rates are set by the Railroad and are subject to change due to, but not limited to, travel time, setup plus, per diem and rest time (if work is required at night). 1.22 CLEANING OF RIGHT-OF-WAY The Contractor shall, upon completion of the work to be performed within the right-of-way and/or properties of the Railroad and adjacent to its tracks, wire lines and other facilities, promptly remove from the Railroad right-of-way all Contractor’s tools, implements and other materials whether brought upon the right-of-way by the Contractor or any subcontractors employee or agent of Contractor or of any subcontractor, and leave the right-of-way in a clean and presentable condition to the satisfaction of the Railroad. 1.23 CONTRACTOR’S RESPONSIBILITY OF SUPERVISION The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. Such responsibility shall not be lessened or otherwise affected by Railroad’s approval of plans and specifications, or by the presence at the work site of the Railroad Project Representative, Railroad MTM Representative or any other Railroad representative or Railroad contractor providing inspection services, or by the compliance by the Contractor with any requests or recommendations made by such representatives. The Contractor will give due consideration to suggestions and recommendations made by such representatives for the safety and protection of the Railroad’s property and operations. 1.24 USE OF EXPLOSIVES AT PROJECT SITE PROHIBITED The Contractor’s use of explosives at the Project site is expressly prohibited unless authorized in advance in writing by the Railroad Project Representative. Public Highway Overpass 03/01/2013 Standard Form Approved, AVP-Law EXHIBIT E TO PUBLIC HIGHWAY OVERPASS AGREEMENT Exhibit E will be Current Form of Contractor’s Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Articles of Agreement Page 1 of 4 Folder No.: UPRR Audit No.: 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 (Name of Contractor) a corporation (“Contractor”). RECITALS: Contractor has been hired by ____________________________ for __________________________ of the road crossing DOT ________________ at Mile Posts __________ on the ______________ Subdivision in _______________, _______________ County, ________________, in the general location shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of an Agreement dated _________________, between the Railroad and the _________________________________. The Railroad is willing to permit the 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. UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Articles of Agreement Page 2 of 4 ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C & D. The General Terms and Conditions contained in Exhibit B, the Insurance Requirements contained in Exhibit C, and the Minimum Safety Requirements contained in Exhibit D, each attached hereto, are hereby made a part of this Agreement. 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 (Expiration Date) 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. UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Articles of Agreement Page 3 of 4 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 Real Estate Department 1400 Douglas Street, MS 1690 Omaha, NE 68179-1690 UPRR Folder No.: _______________ ARTICLE 8 - DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right 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 - CROSSINGS. 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. 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. UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Articles of Agreement Page 4 of 4 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 (Federal Tax ID #94-6001323) By:______________________________________ Daniel Peters Real Estate – Public Projects __________________________________________ (Name of Contractor) By_______________________________________ Printed Name:______________________________________ Title:_____________________________________________ UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 1 of 4 Exhibit B General Terms & Conditions EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT GENERAL TERMS & CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor commencing its work and at least ten (10) 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 ten (10)-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 ten (10) 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 UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 2 of 4 Exhibit B General Terms & Conditions freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of 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. UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 3 of 4 Exhibit B General Terms & Conditions 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 termination or UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 4 of 4 Exhibit B General Terms & Conditions 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 b y 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. UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 1 of 2 Exhibit C Insurance Requirements EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage: 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. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. BUSINESS AUTOMOBILE COVERAGE INSURANCE. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. • 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: • Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If 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. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. RAILRO AD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad 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 Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 2 of 2 Exhibit C Insurance Requirements F. POLLUTION LIABILITY INSURANCE. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. OTHER REQUIREMENTS G. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, 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 Agreement. K. 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 where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 1 of 2 Exhibit D Minimum Safety Requirements 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. 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. UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013 Page 2 of 2 Exhibit D Minimum Safety Requirements 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: i. Familiar and comply with Railroad’s rules on lockout/tagout of equipment. ii. Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track. iii. 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. 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. This page intentionally left blank. Agenda Item: Consent Calendar – 8H TO: City Council DATE: September 18, 2018 SUBJECT: Consultant Agreement with GeoEngineers, Inc. for South 228th Street Project Construction Support – Authorize SUMMARY: GeoEngineers provided the Geotechnical Engineering Services and prepared the Geotechnical Report for the design of the bridge foundations, ground improvements, walls, embankment fill and settlement monitoring for this project. Their existing contract includes support services up through contract advertising but does not include construction support services. This new contract will provide the construction support services needed for construction of these project elements. In addition to onsite construction monitoring, their scope of work will also include placement and monitoring of settlement plates for the embankment fill and utilities. EXHIBITS: Consultant Services Agreement – GeoEngineers, Inc. RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher NAY: N/A BUDGET IMPACTS: The cost of this contract was anticipated and included in the project budget. STRATEGIC PLAN GOAL(S): ☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. to provide construction support for the S. 228th St. UPRR Grade Separation Project for an amount not to exceed $312,217.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) 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, 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 support services for Phase 3, 4, and 5 of the S. 228th Street Union Pacific Railroad Grade Separation 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, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Three Hundred Twelve Thousand, Two Hundred Seventeen Dollars ($312,217.00), 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 - 2 (Over $20,000) 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. 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 duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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, 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 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 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 - 5 (Over $20,000) 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Lyle Stone GeoEngineers, Inc. 1101 S. Fawcett Ave., Suite 200 Tacoma, WA 98402 (253) 383-4940 (telephone) (253) 383-4923 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk GeoEngineers - 228th UP Ph 3, 4 & 5/Madfai EEO COMPLIANCE DOCUMENTS - 1 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: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 EXHIBIT A GEOENGINEERS, INC. SOUTH 228TH STREET/UPRR CROSSING CONSTRUCTION SUPPORT SERVICES PHASES 3, 4, AND 5 KENT, WASHINGTON AUGUST 17, 2018 FILE NO. 0410-162-05 INTRODUCTION The purpose of our services is to provide construction observation, consultation, and documentation for geotechnical aspects of the South 228th Street Grade Separation at the Union Pacific Railroad (UPRR) crossing in Kent, Washington. Our geotechnical design recommendations for the bridge and embankment and other associated geotechnical aspects of the project are provided in our report “Geotechnical Engineering Services Report” dated April 28, 2016 and an addendum dated November 3, 2017. This part of the project has been divided into three parts, Phases 3, 4, and 5. Phases 1 and 2 have already been completed and included installation of center pier drilled shafts and relocation of some utilities. Phase 3 will include installation of a 60-inch storm drain, relining existing storm drains, and installation of a joint utility trench. Phase 4 will include installation of ground improvement, installation of four drilled shafts, and partial construction of geosynthetic or structural earth walls (SEWs) supporting the section of the approach embankments closest to the bridge. Phase 5 will include construction of the remaining embankment sections and roadway improvements. Our services will also include monitoring settlement of existing underground utilities. These services will occur during all the remaining phases of construction. Our labor estimates are based on a preliminary project schedule provided by the City and projects of similar size and scope. All remaining construction phases will be contracted separately. Our services will be authorized on three separate notices to proceed (NTP) based on the construction phase. A contingency is also included and would be authorized on a fourth notice to proceed, if it is needed. SCOPE OF SERVICES Task 100: Settlement Monitoring (NTP 1) ■ Install eight settlement monitoring points on the existing 72-inch diameter King County sewer line that runs below the project site. We will coordinate subcontractors to assist in installation of the settlement monitoring devices on the top of the existing sewer line. We have assumed that three settlement monitoring points can be installed in an 8-hour day. We have assumed two additional days for installation of the settlement equipment enclosures, which will be located on site. We will also assist the City of Kent’s construction inspectors in installation of survey monitoring points along the SEW walls to track settlement of the SEWs and embankments. We have assumed that City of Kent | August 17, 2018 Page 2 File No. 0410-162-05 around 25 survey monitoring points will be installed. We have assumed that City of Kent surveyors will establish benchmarks and baseline measurements as needed. ■ Develop a settlement monitoring program and take routine settlement readings throughout the project. We will use a survey rod and laser level to measure the location of the monitoring points on a regular basis. We have assumed that City of Kent surveyors will survey the location of the monitoring points on a bi-weekly basis to supplement and calibrate our measurements. We have budgeted for 16 site visits specifically to record settlement data (twice weekly during the eight- week pre-load duration). We anticipate that data will primarily be collected when we are on site to observe other activities. A site visit, specifically to record settlement data, is assumed to include 2 hours on site plus travel and data processing time. We will submit processed settlement data on a weekly basis or in daily field reports, as appropriate. ■ Provide formal documentation of settlement measurements for distribution to the City and project partners (King County Sewer). We anticipate providing up to four memoranda summarizing the data collected and our interpretation and opinion of the measured settlement. Task 200: Phase 3 Construction Observation (NTP 1) ■ Attend construction coordination meetings as required and requested. We budget for Lyle Stone (Associate Engineer) to attend one preconstruction meeting and one additional on-site construction meetings during this phase of the project. We have budgeted for Brett Larabee (Engineer 2) to attend up to four on-site meetings during this phase of the project. Budgeted hours include time at the meeting and some follow up. Weekly coordination meetings attended by field staff are included with the scoped site visits. ■ Review contractor submittals. We will review material submittals and submittals for contractor- designed elements to confirm they are in accordance with our recommendations. Our review will be to confirm that the project specifications have been met. The contractor will remain solely responsible for worker and work site safety. We anticipate reviewing submittals for dewatering and construction shoring, and various earth materials submittals. ■ Provide full-time construction observation services to support the City of Kent’s construction inspectors during relocation of a 60-inch diameter storm drain within the South 228th right-of-way (ROW). We will also provide construction observation services during relocation and installation of other underground utilities. We will observe and document trench subgrade conditions, provide on- site recommendations for subgrade preparation as appropriate, and observe backfill placement and compaction. Our observations and recommendations will be summarized in daily field reports. We have assumed that installation of storm treatment structures will take about six weeks, installation of 60-inch storm sewer will take about six weeks, water main will take about three weeks, and roadway drainage will take about three weeks. We have assumed that site visits will not be required every day and will be provided on an on-call basis. We have budgeted for 30 full- time days and 30 part-time days. One full-time day of field observation for utility installation is assumed to include 8 hours on site plus travel and documentation time. One part-time day is assumed to include 4 hours on site plus travel and documentation time. Task 300: Phase 4 Construction Observation (NTP 2) ■ Attend construction coordination meetings as required and requested. We budget for Lyle Stone (Associate Engineer) to attend one preconstruction meeting and up to three on-site construction City of Kent | August 17, 2018 Page 3 File No. 0410-162-05 meetings during this phase of the project. We have budgeted for Brett Larabee (Engineer 2) to attend up to seven on-site meetings during this phase of the project. Budgeted hours include time at the meeting and some follow up. Weekly coordination meetings attended by field staff are included with the scoped site visits. ■ Review contractor submittals. We will review material submittals and submittals for contractor- designed elements to confirm they are in accordance with our recommendations. Our review will be to confirm that the project specifications have been met. The contractor will remain solely responsible for worker and work site safety. We anticipate reviewing submittals for drilled shaft installation, ground improvement submittals, SEW design, and various earth materials submittals. ■ Provide full-time construction observation services to support the City of Kent’s construction inspectors during drilled shaft installation. We will prepare field reports and shaft completion reports documenting observed excavated soils, a timeline of construction activities, and other pertinent observations. We have budgeted for eight days on site; two days per drilled shaft. One day of field observation for drilled shaft installation is assumed to include 10 hours on site plus travel and documentation time. ■ Provide full-time construction observation services to support the City of Kent’s construction inspectors during ground improvement installation. We will prepare field reports documenting observed installation methods, a timeline of construction activities, and installed ground improvement volumes or other quantities. We have assumed six weeks for this task. We have budgeted for 25 days on site. One day of field observation for ground improvement installation is assumed to include 10 hours on site plus travel and documentation time. ■ Provide full-time and part-time construction observation services to support the City of Kent’s construction inspectors during SEW and embankment construction. We will prepare field reports documenting imported soils, compaction test results, a general timeline of construction activities, and other pertinent observations. We have assumed 10 weeks for this task, excluding weather days. We have assumed that site visits will not be required every day. We have budgeted for 30 full- time days and 15 part-time days on site. One full-time day of field observation is assumed to include 8 hours on site plus travel and documentation time. One part-time day is assumed to include 4 hours on site plus travel and documentation time. ■ Provide laboratory soils testing as required and requested. We have budgeted for 12 sieve analyses and 4 Proctor compaction tests. We understand that a materials testing firm will also be retained by the City and will provide additional materials testing support. Task 400: Phase 5 Construction Observation (NTP 3) ■ Attend construction coordination meetings as required and requested. We budget for Lyle Stone (Associate Engineer) to attend one preconstruction meeting and one additional on-site construction meetings during this phase of the project. We have budgeted for Brett Larabee (Engineer 2) to attend up to four on-site meetings during this phase of the project. Budgeted hours include time at the meeting and some follow up. Weekly coordination meetings attended by field staff are included with the scoped site visits. ■ Review contractor submittals. We will review material submittals and submittals for contractor- designed elements to confirm they are in accordance with our recommendations. Our review will be to confirm that the project specifications have been met. The contractor will remain solely City of Kent | August 17, 2018 Page 4 File No. 0410-162-05 responsible for worker and work site safety. We anticipate reviewing submittals for SEW design, and various earth materials submittals. ■ Provide full-time and part-time construction observation services to support the City of Kent’s construction inspectors during SEW and embankment construction. We will prepare field reports documenting imported soils, compaction test results, a general timeline of construction activities, and other pertinent observations. We have assumed 10 weeks for this task, excluding weather days. We have assumed that site visits will not be required every day. We have budgeted for 30 full- time days and 15 part-time days on site. One full-time day of field observation is assumed to include 8 hours on site plus travel and documentation time. One part-time day is assumed to include 4 hours on site plus travel and documentation time. ■ Provide part-time construction observation services to support the City of Kent’s construction inspectors during final roadway and pavement construction. We will prepare field reports documenting observed subgrade conditions and other pertinent observations. We have assumed eight weeks for this task. We have assumed that site visits will not be required every day and will be provided on an on-call basis. We have budgeted for 20 part-time days on site. One part-time day is assumed to include 4 hours on site plus travel and documentation time. ■ Provide laboratory soils testing as required and requested. We have budgeted for 12 sieve analyses and 4 Proctor compaction tests. We understand that a materials testing firm will also be retained by the City and will provide additional materials testing support. Task 500: Construction Support and Design Contingency (NTP 4, if needed) ■ Provide additional construction support services as required and requested. We have budgeted for 10 additional full-time site visits, 60 additional hours from an Engineer 2, and 20 additional hours from an Associate Engineer. BEL:LJS:tt Attachment: Exhibit B Fee Estimate Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2018 by GeoEngineers, Inc. All rights reserved. Associate (Lyle Stone) Engineer 2 (Brett Larabee) Staff Engineer 3 (Chris Newton) Staff Engineer 1 (Jon Cracolici) Senior Technician (Emily Walner) Support (Various) Total Hours Direct Expenses Fee Estimate Rate Rate Rate Rate Rate Rate $225 $183 $154 $116 $101 $100 Task Description Hours Hours Hours Hours Hours Hours Task 100: Settlement Monitoring (NTP 1) Settlement Point Installation (GeoEngineers) 4 20 20 30 4 78 $1,109 $12,629 Settlement Point Installation (Equipment) 4 2 6 $21,040 $21,972 Settlement Point Installation (Subcontractor) 4 2 6 $13,800 $14,732 Settlement Monitoring 8 32 40 $1,308 $8,964 Memoranda and Documentation 8 40 8 56 $9,920 $68,217 Task 200: Phase 3 Construction Observation (NTP 1) Meetings 816 24 $131 $4,859 Submittals 210 12 $2,280 Utilities (30 full time, 30 part time) 4 15 60 60 270 15 424 $1,308 $49,923 $57,062 Task 300: Phase 4 Construction Observation (NTP 2) Meetings 16 28 44 $240 $8,964 Submittals 210 12 $2,280 Drilled Shafts (8 full time) 1 4 96 2 103 $175 $12,468 Stone Columns (25 full time) 2 7 120 180 7 316 $545 $35,076 Embankment Construction (30 full time, 15 part time) 3 12 28 152 120 12 327 $981 $39,116 Laboratory Analysis (12 Sieves@$120; 4 Proctors@$225) 4 4 8 $2,340 $3,144 $101,048 Task 400: Phase 5 Construction Observation (NTP 3) Meetings 816 24 $131 $4,859 Submittals 15 6 $1,140 Embankment Construction (30 full time, 15 part time) 3 12 32 148 120 12 327 $981 $39,268 Roadway Construction (20 part time) 2 5 40 40 5 92 $436 $10,981 Laboratory Analysis (12 Sieves@$120; 4 Proctors@$225) 4 4 8 $2,340 $3,144 $59,392 Task 500: Construction Support and Design Contingency (NTP 4) Contingency 20 60 40 40 160 $218 $26,498 $26,498 Total Labor 92 300 180 686 738 77 2,073 $265,134 Total Direct Expenses $47,083 $312,217 Task Total Task Total Task Total South 228th Street/UPRR Crossing Task Total Task Total Exhibit B: Fee Estimate Construction Support Services Kent, Washington Total Estimated Fee File No. 0410-162-05 Exhibit B: Fee Estimate |August 17, 2018 Page 1 of 1 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $3,000,000 per claim and $3,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’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 Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. This page intentionally left blank. Agenda Item: Consent Calendar – 8I TO: City Council DATE: September 18, 2018 SUBJECT: Consultant Agreements with HDR Engineering Inc. for South 228th Street Project Construction Support Project – Authorize SUMMARY: HDR Engineering Inc. provided the Structural Engineering Services for the design of the bridge, walls and moment barriers for this project. Their existing contract includes support services up through contract advertising but does not include construction support services. This contract will provide the construction support services needed for construction of the bridge, walls and moment barriers. EXHIBITS: Consultant Services Agreement – HDR Engineering, Inc. RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher NAY: N/A BUDGET IMPACTS: The cost of this project was anticipated and included in the project budget. STRATEGIC PLAN GOAL(S): ☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with HDR Engineering, Inc. to provide construction support for the S. 228th St. UPRR Grade Separation Project in an amount not to exceed $122,051.64, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and HDR Engineering, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and HDR Engineering, Inc. organized under the laws of the State of Nebraska, located and doing business at 929 108th Ave. NE, Suite 1300, Bellevue, WA 98004, Phone: (425) 450- 6384, Contact: Lee Andrews (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 engineering services for Phase 4 and 5 of the S. 228th Street Union Pacific Railroad Grade Separation 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, 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Twenty Two Thousand, Fifty One Dollars and sixty four cents ($122,051.64), 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 A. 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 thirty (30) 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 - 2 (Over $20,000) 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 negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of 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 duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 B 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 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 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 - 5 (Over $20,000) 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Lee Andrews HDR Engineering, Inc. 929 108th Ave. NE, Suite 1300 Bellevue, WA 98004 (425) 450-6384 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk HDR - 228th UP Grade Sep 3/Madfai EEO COMPLIANCE DOCUMENTS - 1 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: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 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 - 3 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: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Attachment B: Payment (Hourly Rate) Page 1 EXHIBIT A City of Kent, South 228th Grade Separation Scope of Services - Construction Phase This scope of services includes construction engineering services provided by HDR Engineering (Consultant) for the federally funded South 228th Street Grade Separation Project (Project). These services will include submittal review, respond to Contractor Requests for Information, field observation, meeting participation, correspondence, and project management and coordination as detailed below. This project is being divided into two phases (Phase 4 and Phase 5). Phase 4 will include: stone column ground improvements, drilled shafts, partial approach embankments and walls including surcharge, and installation of a new waterline. Phase 5 will include new bridge columns and the remainder of the bridge elements, remaining embankment elements including foam and distribution slab, sidewalks, moment barriers, and smaller miscellaneous items necessary to complete the project. Assumptions 1. In the following text, Construction Contractor refers to the entity with whom the City of Kent (City) will or has entered into a Construction Agreement for the Project. References to the City are intended to refer to either City staff or the City’s Construction Management Team for the Project. 2. For the following services, labor allowances are an estimate only. The level of effort for each task is limited to the amount of labor and expenses indicated in the attached budget. Additional effort beyond these limits will be considered Extra Work. 3. The level of effort required for this work cannot be accurately predicted as it depends on issues outside of the Consultant team’s control. Some of these issues are the quality of Contractor submittals, number of submittals and if multiple reviews for the same item are required, and unforeseen conditions at the site. 4. Task 1 hours are assumed for Phase 4 work elements and Task 2 hours are assumed for Phase 5 work elements. There will be separate direction given by the City for Notice To Proceed (NTP) for both Task 1 and Task 2. TASKS 1.1 Phase 4 Construction Design Support 1.1.1 Construction meetings. Attend construction meetings as requested by the City. Specific meetings include the Preconstruction Conference, and a Shaft Preconstruction meeting. Review draft meeting notes prepared by Others. Assume one person attending up to two meetings at the project site or at City offices. Meetings are estimated at 1 hour and include travel time. Attachment B: Payment (Hourly Rate) Page 2 1.1.2 Site visits. Make site visits to observe construction as requested by the City. Assume one person attending up to two site visits. Site visits are estimated at 1.5 hours and include travel time. 1.1.3 Review and respond to Requests-for-Information (RFIs), clarifications of plans and/or contract provisions as requested by the City or Construction Management Team. It is anticipated that when possible, email and email attachments will be used for correspondence. Responses by the Consultant will be incorporated by the City into the Response to Construction Contractor RFIs. The Consultant shall respond within 5 business days, or notify the City that the response cannot be made within 5 business days. The budget assumes 6 such requests at an average of 3 hours per RFI. 1.1.4 Shop Drawing and Submittal Review. Perform shop drawing and submittal reviews as directed by the City. Assumes handling a maximum of 6 copies, i.e., copying review comments on to 5 copies for return to the City. The Contract indicates a 30 calendar day review period; however, the goal will be to return reviewed submittals within 14 calendar days, if not sooner. Consultant will apprise the City as to review status of each submittal as necessary. Use commercial courier services to expedite critical correspondence that cannot otherwise be communicated via email, Fax, or other appropriate means. For the following submittals, assume two submittals per item, with an average review time of 6 hours for first submittals and 3 hours each for second submittals: 1. Reinforcing steel for shafts 2. Shaft Installation Plan, including casing shoring 3. Crosshole sonic log test results for shafts For the following submittals structural earth walls are assumed to receive a welded wire fascia, and the geosynthetic walls are assumed to receive a shotcrete finish. A review time of 80 hours is assumed. 1. Structural Earth Walls – Design calculations 2. Structural earth walls – Layout and details 3. Geosynthetic retaining walls – Design calculations 4. Geosynthetic retaining walls – Layout and details 1.5. Provide engineering support for contract change orders as requested by the City. This may include providing new or revised plans, special provisions, and estimates. The budget provides for an allowance of 40 professional engineer hours, 10 CADD technician hours. 1.2 PROJECT MANAGEMENT AND ADMINISTRATION. 1.2.1 Project control. Set up the initial project numbers, files, and internal systems necessary to control the activities of all HDR work for the project Attachment B: Payment (Hourly Rate) Page 3 (including Project Management Plan, Quality Management Plan and Health and Safety Plan) 1.2.2 Invoices. Prepare monthly invoices for the City. Monitor construction schedule and budget, including Senior Management Review. Assumes that no status reports will be submitted. Assume 7 month duration. 1.2.3 Maintain project files. Maintain files of submittals, RFIs and correspondence. 1.2.4 Project Closeout. Prepare final documentation for archival. 2.1 General Construction Design Support 2.1.1 Construction meetings. Attend construction meetings as requested by the City. Specific meetings include the Preconstruction Conference, Geofoam Wall Preconstruction meeting. Review draft meeting notes prepared by Others. Assume one person attending up to four meetings at the project site or at City offices. Meetings are estimated at 1 hour and include travel time. 2.1.2 Site visits. Make site visits to observe construction as requested by the City. Assume one person attending up to five site visits. Site visits are estimated at 1.5 hours and include travel time. 2.1.3 Review and respond to Requests-for-Information (RFIs), clarifications of plans and/or contract provisions as requested by the City or Construction Management Team. It is anticipated that when possible, email and email attachments will be used for correspondence. Responses by the Consultant will be incorporated by the City into the Response to Construction Contractor RFIs. The Consultant shall respond within 5 business days, or notify the City that the response cannot be made within 5 business days. The budget assumes 24 such requests at an average of 3 hours per RFI. 2.1.4 Shop Drawing and Submittal Review. Perform shop drawing and submittal reviews as directed by the City. Assumes handling a maximum of 6 copies, i.e., copying review comments on to 5 copies for return to the City. The Contract indicates a 30 calendar day review period; however, the goal will be to return reviewed submittals within 14 calendar days, if not sooner. Consultant will apprise the City as to review status of each submittal as necessary. Use commercial courier services to expedite critical correspondence that cannot otherwise be communicated via email, Fax, or other appropriate means. For the following submittals, assume two submittals per item, with an average review time of 6 hours for first submittals and 3 hours each for second submittals: 1. Reinforcing steel for crossbeams 2. Reinforcing steel for bridge roadway slab and sidewalks 3. Precast prestressed concrete girders 4. Reinforcing steel for intermediate diaphragms 5. Reinforcing steel for end diaphragms 6. Reinforcing steel for abutment 1 footing, stemwall and backwall Attachment B: Payment (Hourly Rate) Page 4 7. Reinforcing steel for abutment 2 footing, stemwall and backwall 8. Reinforcing steel for approach slab 9. Girder erection plan 10. Pedestrian Barrier Details on Bridge 11. Structural earth wall – Coping details For the following submittals structural earth walls are assumed to receive a welded wire fascia, geosynthetic walls are assumed to receive a shotcrete finish, and the geofoam walls are assumed to receive a shotcrete fascia. A review time of 80 hours is assumed. 1. Geofoam retaining walls – Design calculations 2. Geofoam retaining walls – Layout and details 3. Pedestrian barrier and moment slab – Layout 4. Pedestrian barrier and moment slab – Details 1.6. Provide engineering support for contract change orders as requested by the City. This may include providing new or revised plans, special provisions, and estimates. The budget provides for an allowance of 40 professional engineer hours, 10 CADD technician hours. 2.2 BRIDGE LOAD RATING 2.2.1 Perform bridge load rating per WSDOT 2018 Bridge Design Manual. Assumes bridge has been constructed to a level of completion that the rating will be based on the as-built condition (girders and slab). 2.3 PROJECT MANAGEMENT AND ADMINISTRATION. 2.3.1 Project control. Set up the initial project numbers, files, and internal systems necessary to control the activities of all HDR work for the project (including Project Management Plan, Quality Management Plan and Health and Safety Plan) 2.3.2 Invoices. Prepare monthly invoices for the City. Monitor construction schedule and budget, including Senior Management Review. Assumes that no status reports will be submitted. Assume 18 month duration. 2.3.3 Maintain project files. Maintain files of submittals, RFIs and correspondence. 2.3.4 Project Closeout. Prepare final documentation for archival. LABOR ESTIMATE, HDR ENGINEERING STAFF City of Kent: City of Kent - S 228th UPRR Grade Separation - DSDC An d r e w s , F r e d e r i c k L Co h a g e n , L a i l a S Li , P a t r i c k T Ka r s l i , N a v r u z E Bo r d e r , E r i c Ro x a s - W i l k i n s o n , Ei l e e n Sa n d e r s , C o d y L e e Ke l l e r , L a r r y D To t a l L a b o r H o u r s To t a l L a b o r D o l l a r s - B i l l a b l e Project Role Project Manager Bridge Engineer Sr Bridge Engineer Bridge EIT Bridge Engineer Admin Project Accountant Sr Bridge CADD Tech To t a l L a b o r H o u r s To t a l L a b o r D o l l a r s - B i l l a b l e Billing Rate 198.40 137.09 184.72 96.57 99.71 90.72 95.04 138.53 1.1 Phase 4 Construction Design Support 63 29.5 19.5 0 67.5 0 0 10 189.5 28,261.12$ 1.1.1 Construction Meetings 8 8 1,587.20$ 1.1.2 Site Visits 8 8 1,587.20$ 1.1.3 Review and Respond to RFIs 6 4 4 4 18 2,876.48$ 1.1.4 Shop Drawing and Submittal Review 21 15.5 15.5 53.5 105.5 14,488.94$ 1.1.5 Provide Engineering Support 20 10 10 10 50 7,721.30$ 1.2 Phase 4 Project Management 22 0 0 0 0 26 16 0 64 8,244.16$ 1.2.1 Project Control 4 16 3 23 2,530.24$ 1.2.2 Invoices 14 11 25 3,823.04$ 1.2.3 Maintain Project Files 2 6 8 941.12$ 1.2.4 Project Closeout 2 4 2 8 949.76$ 2.1 Phase 5 Construction Design Support 113 60.5 35.5 0 119.5 0 0 10 338.5 50,571.35$ 2.1.1 Construction Meetings 12 4 16 3,119.68$ 2.1.2 Site Visits 12 4 4 20 3,328.00$ 2.1.3 Review and Respond to RFIs 24 16 16 16 72 11,505.92$ 2.1.4 Shop Drawing and Submittal Review 45 30.5 15.5 89.5 180.5 24,896.45$ 2.1.5 Provide Engineering Support 20 10 10 10 50 7,721.30$ 2.2 Bridge Load Rating 4 60 0 0 80 0 0 0 144 16,995.80$ 2.1.1 Bridge Load Rating 4 60 80 144 16,995.80$ 2.3 Phase 5 Project Management 44 0 0 0 0 24 32 0 100 13,948.16$ 2.1 Project Control 4 8 3 15 1,804.48$ 2.2 Invoices 36 27 63 9,708.48$ 2.3 Maintain Project Files 2 12 14 1,485.44$ 2.4 Project Closeout 2 4 2 8 949.76$ Task Total Hours 246.00 150.00 55.00 0.00 267.00 50.00 48.00 20.00 836.00 Task Total Fee 48,806.40$ 20,563.50$ 10,159.60$ -$ 26,622.57$ 4,536.00$ 4,561.92$ 2,770.60$ 118,020.59$ To t a l L a b o r D o l l a r s - B i l l a b l e C:\Users\LANDREWS\Documents\Projects\Kent\Scope\To Client\Round 2\City of Kent_Grade Separation (DSDC)_ESTIMATE -revised (Walls and Shafts only).xlsm Printed 9/7/201810:31 AM EXPENSES City of Kent: City of Kent - S 228th UPRR Grade Separation - DSDC OTHER DIRECT COSTS (Enter Cost per Unit (Column C) and then Qty for each Task) Cost per Unit Qty Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total Air Fare/round trip $500.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Airport Parking/day $20.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Car Rental/week $275.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Truck Rental/mo. (includes gas + mileage)$1,500.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Lodging/day $159.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Meals/day $71.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Gas/gal $3.40 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 HDR Owned Vehicle Mileage/mile $0.750 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 POV Mileage/mile $0.545 650 $354.25 200 $109.00 0 $0.00 450 $245.25 0 $0.00 0 $0.00 GSA WEBSITE City/County Cost per Unit Days Total Days Task Total Days Task Total Days Task Total Days Task Total Days Task Total Per Diem Lodging 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Per Diem-Meals 0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 75% Per Diem-Meals 0 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Tolls $5.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 TRAVEL EXPENSES TOTAL Cost per Unit Qty Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total FIELD EQUIPMENT TOTAL Office Expenses Cost per Unit Qty Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total Tech Fees (billed per labor hour)$3.70 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Copies/Page 8.5x11 B&W $0.05 4700 $235.00 1000 $50.00 300 $15.00 2500 $125.00 600 $30.00 300 $15.00 Copies/Page 8.5x11 Color $0.45 20 $9.00 0 $0.00 0 $0.00 0 $0.00 20 $9.00 0 $0.00 Copies/Page 11x17 B&W $0.09 800 $72.00 300 $27.00 0 $0.00 400 $36.00 100 $9.00 0 $0.00 Copies/Page 11x17 Color $0.90 10 $9.00 0 $0.00 0 $0.00 0 $0.00 10 $9.00 0 $0.00 Bond Plots - B&W (per sq. ft.)$0.14 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Bond Plots - Color (per sq. ft.)$0.90 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Express Mail $25.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 CD - 1st CD $20, each add. Copy $10 $20.00 2 $40.00 1 $20.00 0 $0.00 1 $20.00 0 $0.00 0 $0.00 Conference Calling - per min per line $0.05 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 Office Supplies-Msc. (binders etc)$25.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 OFFICE SUPPLIES TOTAL Miscellaneous Expenses Cost per Unit Qty Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 MISCELLANEOUS EXPENSES TOTAL Contingency Budget for Expenses (estimated as a % of Labor)Qty Task Total Qty Task Total Qty Task Total Qty Task Total Qty Task Total Enter percentage of labor to calculate Expense Budget 0.00% CONTINGENCY BUDGET FOR EXPENSES TOTAL TOTAL - OTHER DIRECT COSTS ODC Markup (markup is entered on Project Info tab)0% $0.00 0% $0.00 0% $0.00 0% $0.00 0% $0.00 0% $0.00 TOTAL - OTHER DIRECT COSTS + MARKUP SUBCONSULTANTS (Enter Sub budget for each Task. Substantiate with Subconsultant's Proposal or Quote for Services) Subcontractor 1 Subcontracts Total Markup on Subs (markup is entered on Project Info tab)0%$0.00 0%$0.00 0%$0.00 0%$0.00 0%$0.00 Total Subcontracts + Markup Total Expenses (ODCs + Subcontractors + Markups) $0.00 $0.00 $0.00 $0.00 $0.00 Expense Summary $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Per Diem Travel (Look up rates at GSA Website, link below) General Travel Expenses, non-government rates (These per unit costs are placeholders only. Use actual costs or client-approved per diem rates.) Field Equipment (Contact rental company for actual rates) Phase 4 Construction Design Support Phase 4 Project Management Phase 5 Construction Design Support Bridge Load Rating Phase 5 Project Management $206.00 $15.00 $426.25 $57.00 $15.00 $354.25 $109.00 $0.00 $245.25 $0.00 $0.00 $15.00 $365.00 $15.00$57.00$181.00$15.00$97.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $719.25 $719.25 $206.00 $15.00 $426.25 $57.00 $15.00 $206.00 $15.00 $426.25 $57.00 $0.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00 Qty $0.00 $0.00 $0.00 $0.00 $0.00 $719.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 C:\Users\LANDREWS\Documents\Projects\Kent\Scope\To Client\Round 2\City of Kent_Grade Separation (DSDC)_ESTIMATE -revised (Walls and Shafts only).xlsm City of Kent: City of Kent - S 228th UPRR Grade Separation - DSDC From "Labor Budget" Tab From "Expenses" Tab Task # Task Description Billable Labor Billable Expenses Total From Spreadsheet Total For Proposal 1.1 Phase 4 Construction Design Support 28,261.12$ 206.00$ $28,467.12 1.2 Phase 4 Project Management 8,244.16$ 15.00$ $8,259.16 2.1 Phase 5 Construction Design Support 50,571.35$ 426.25$ $50,997.60 2.2 Bridge Load Rating 16,995.80$ 57.00$ $17,052.80 2.3 Phase 5 Project Management 13,948.16$ 15.00$ $13,963.16 $118,739.84 $0.00 $3,311.80 $0.00 118,020.59$ 719.25$ $122,051.64 $0.00 Escalation C:\Users\LANDREWS\Documents\Projects\Kent\Scope\To Client\Round 2\City of Kent_Grade Separation (DSDC)_ESTIMATE -revised (Walls and Shafts only).xlsmPage 1 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’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 Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant 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 Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. This page intentionally left blank. Agenda Item: Consent Calendar – 8J TO: City Council DATE: September 18, 2018 SUBJECT: Recreation and Conservation Office Resolution for Downey Farmstead – Adopt SUMMARY: The Downey Farmstead Restoration Project will construct a 2,000 linear foot side channel tributary to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species and provide 130 acre-feet of floodplain storage to reduce flooding in the area. Under the provisions of the Salmon Recovery Act, the City is requesting state grant assistance administered by the Washington State Recreation and Conservation Office (RCO) to aid in financing the Downey Farmstead project. The RCO, which administers the Salmon Recovery Funding Board grants for the state, requires that an authorization resolution be signed before a project agreement can be finalized. This resolution provides the required authorization to the RCO for future grant agreements. EXHIBITS: Resolution RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner NAY: BUDGET IMPACTS: None at the time of application. However, the Resolution allows the City to be eligible for future grants on this project. STRATEGIC PLAN GOAL(S): ☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. MOTION: Adopt Resolution No.________ in support of the City’s application for grant funding assistance from the Salmon Recovery Funding Board for the Downey Farmstead project. This page intentionally left blank. 1 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office RESOLUTION NO. _______ A RESOLUTION of the city council of the city of Kent, Washington, that: (1) authorizes the submission of an application for grant funding assistance for salmon recovery projects administered by the Recreation and Conservation Office, as provided for in Chapter 77.85 of the Revised Code of Washington, and Chapter 420 of the Washington Administrative Code and other applicable authorities; and (2) identifies the Public Works Director and/or Mayor as the City’s authorized representatives for purposes of securing the grant and binding the City to the grant’s terms and conditions. RECITALS A. The city of Kent is working on the Downey Farmstead Side Channel Restoration Phase II, number 18-1401 R, as part of the Downey Farmstead salmon habitat restoration project. B. Under the provisions of the Salmon Recovery Act, state grant assistance is requested to aid in financing the cost of the Downey Farmstead salmon habitat restoration project. 2 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office C. The city of Kent considers it in the best public interest to complete the project described in the application. D. This resolution authorizes the Public Works Director and/or Mayor to act as the authorized representative on behalf of the city and to legally bind the city with respect to the project for which it seeks grant funding assistance managed through the Recreation and Conservation Office. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Intent to Apply. The City has applied for or intends to apply for funding assistance managed by the Washington State Recreation and Conservation Office (“Office”) for the Downey Farmstead Project (“Project”). SECTION 2. – Authorized Representative. The Public Works Director and/or Mayor, is authorized to act as a representative/agent for the City with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of the City, (3) sign any amendments thereto on behalf of the City, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement the day-to-day management of the grant(s). SECTION 3. – Project Agreement. The City has reviewed the sample project agreement on the Recreation and Conservation Office’s WEBSITE at: https://rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pdf. 3 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office The City understands and acknowledges that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions substantially in the form contained in the sample project agreement and that such terms and conditions of any signed project agreement shall be legally binding on the sponsor if the City’s representative/agent enters into a project agreement on its behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. SECTION 4. – Legal Authority. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunity (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. SECTION 5. – Signed Agreement Necessary. The City recognizes that grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on the City’s part. SECTION 6. – Grant Policies and Requirements. The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of the City. SECTION 7. – Revisions to Project Agreements. The City further understands that prior to its authorized representative/agent executing the 4 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. The City accepts the legal obligation that it shall, prior to execution of the project agreement(s), confer with its authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. The City also acknowledges and accepts that if its authorized representative/agent executes the project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with its authorization. SECTION 8. – Use of Funds. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. SECTION 9. – Indemnification. The City acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on the City upon execution by its representative/agent. SECTION 10. – Matching Funds. If match is required for the grant, the City understands the City must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 5 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office SECTION 11. – Grant on Reimbursement Basis. The City acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Office after the City incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until the Project is complete. SECTION 12. – Dedication in Perpetuity. The City acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by the City and the Office. The City agrees to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (which documents will be based upon the Office’s standard versions of those documents), to be recorded on the title of the property with the county auditor.. SECTION 13. – Property Acquired in Fee Title. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the project agreement, or authorized in writing by the Office Director. SECTION 14. – Property Owned by the City. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. SECTION 15. – Property not Owned by the City. The City acknowledges that any property not owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated 6 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office for the purpose of the grant as required by grant program policies unless otherwise provided for per the project agreement or an amendment thereto. SECTION 16. - Conflicts. The City certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. SECTION 17. – Resolution - Part of Application. This resolution/ authorization is deemed to be part of the formal grant application to the Office. SECTION 18. – Certification. The City warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the City has full legal authority to commit the City to the warranties, certifications, promises and obligations set forth herein. SECTION 19. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this _______ day of , 2018. CONCURRED in by the Mayor of the City of Kent this ______ day of , 2018. DANA RALPH, MAYOR 7 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ___ ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Resolution\RCO-Council Resolution Authorization-Downey Farmstead Grants.docx This page intentionally left blank. Agenda Item: Consent Calendar – 8K TO: City Council DATE: September 18, 2018 SUBJECT: King County Cooperative Watershed Management Grant Agreement for Downey Farmstead – Authorize SUMMARY: The City of Kent proposes to construct nearly 2,000 linear feet of side channel tributary to the Green River to provide rearing and refuge habitat for threatened Chinook and other salmon species. This grant agreement will fund $780,000 of the expected $4.9 million habitat construction cost. EXHIBITS: Cooperative Watershed Management Grant Fund Agreement RECOMMENDED BY: Public Works Committee YEA: Troutner, Fincher NAY: N/A BUDGET IMPACTS: Previous grants in the amount of $1,886,856 have been secured to relocate utilities and Frager Road out of the way of the future habitat work and to begin excavation of the side-channel network. This new grant will bring the total grant funding for this project to $2,666,856 to date. Future grant allocations are expected to fully fund construction of the habitat portion of the project in 2020-21. STRATEGIC PLAN GOAL(S): ☒ Innovative Government – Delivering outstanding customer service, developing leaders, and fostering innovation. ☒ Sustainable Services – Providing quality services through responsible financial management, economic growth, and partnerships. MOTION: Authorize the Mayor to sign a grant agreement with King County accepting a 2018 Cooperative Watershed Management grant in the amount of $780,000 for the Downey Farmstead Restoration project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Project Name: Downey Farmstead Restoration – Phase IV Habitat Creation Award Number: 4.9.18.001 Page 1 of 6 AGREEMENT FOR AWARD OF COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS BETWEEN THE CITY OF KENT AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Kent (“Recipient”), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2021. Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079, Kim.harper@kingcounty.gov. Primary Contact for Recipient: Matt Knox, Environmental Supervisor, 253-856-5551, Mknox@kentwa.gov.   SECTION 1. RECITALS 1.1 Whereas, the King County Flood Control District (“District”) is a quasi-municipal corporation of the State of Washington, authorized to provide funding for cooperative watershed management arrangements and actions for purposes of water quality, water resource, and habitat protection and management;   1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; 1.3 Whereas, the Board of Supervisors of the District (the “Board”), the District’s governing body, passed Resolution FCD 2017-07.2 on November 13, 2017, authorizing the King County executive or his designee to develop and administer a grant award program of up to $4,520,525 in 2018 for water quality, water resources and habitat restoration and management projects and activities allocated in the amounts of $897,324 for the Snoqualmie Watershed, $1,695,197 for WRIA 8, $1,695,197 for WRIA 9, and $232,807 for WRIA 10 projects in King County, provided that the project list is approved by the Board; 1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service provider to the District, King County has established a grant award program, called the Cooperative Watershed Management Award Program, to fund water quality, water resources and habitat restoration and management projects and activities; 1.5 Whereas, the Recipient submitted an application to its respective WRIA forum or committee for the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and that body has recommended the Project for funding under the Cooperative Watershed Management Grant Program in accordance with King County’s Cooperative Watershed Management Grant Program Policies and Procedures, a copy of which has been furnished by King County to the Recipient and which are incorporated herein by this reference (“Grant Policies and Procedures”); Project Name: Downey Farmstead Restoration – Phase IV Habitat Creation Award Number: 4.9.18.001 Page 2 of 6 1.6 Whereas the District’s Board of Supervisors has received a list of proposed projects that includes the Project, and the Board of Supervisors has approved the Project for funding up to the amount of $780,000; 1.7 Whereas King County has received a Scope of Work and a Budget for the Project from the Recipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B (“Scope of Work”), and the Budget, attached hereto and incorporated herein as Exhibit C (“Budget Summary”), are consistent with the Grant Policies and Procedures;   1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with the Policies and Procedures, and the Recipient will implement the Project.  SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to award the Recipient an award in the total amount of $780,000 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project. King County shall pay the Recipient in accordance with the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scope of Work of this Agreement and in accordance with the Project Budget. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scope of Work. Further, the Recipient agrees that King County may retain any portion of the Award that is not expended or remains after completion of the Scope of Work and issuance of the Final Report, as further described below. 2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by King County as being within such scopes; 2) The activities are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by the Award as identified in the Budget of this Agreement; 4) such activities and expenses otherwise comply with all other terms of this Agreement; and 5) such activities and expenses do not occur prior to the date the grants were approved by the District and reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form for those documented and allowable expenses identified in the Budgets and according to the rules set forth in the Grant Policies and Project Name: Downey Farmstead Restoration – Phase IV Habitat Creation Award Number: 4.9.18.001 Page 3 of 6 Procedures. Blank forms shall be provided to the Recipient by King County upon execution of this Agreement. Progress reports for each project (with or without requests for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form shall be submitted with all payment requests. A one-time advance may be allowed, in the discretion of King County, for expenses anticipated to be incurred in the three months following the date of submission of the advance Request for Payment only for work that is included in the Scope of Work of this Agreement, and identified as such in the Request for Payment. The amount of the advance may not exceed 20% of the total award amount. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient’s completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work. The final report may be submitted on the Close-out Report form unless a more detailed final report is specified in the scope of work. A blank Close-out Report form shall be provided to the Recipient by King County upon execution of this Agreement. The final report shall include a summary of the Project’s successes and shall address the watershed benefits accomplished by the work. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles as further described in Section 2.8 below, and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 2.9. King County or its representative, and the District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and Project Name: Downey Farmstead Restoration – Phase IV Habitat Creation Award Number: 4.9.18.001 Page 4 of 6 federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terms of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project on all literature, signage or press releases related to the Project. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4. Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5. The Project shall be completed by no later than December 31, 2021. In the event that the Project is not completed by this date, King County has the discretion, but not the obligation to terminate this Agreement and retain any unexpended Award funds. 3.6. This Agreement may be signed in multiple counterparts. 3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, such provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of this Agreement, and the remaining provisions of this Agreement shall continue to be in effect. 3.8. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the King County Council, King County’s obligations are contingent upon the appropriation of sufficient funds by the King County Council to complete the Scope of Work. If no such appropriation is made, Project Name: Downey Farmstead Restoration – Phase IV Habitat Creation Award Number: 4.9.18.001 Page 5 of 6 this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. This document has been approved as to form by the King County Prosecuting Attorney’s Office as of July 15, 2016. KING COUNTY: RECIPIENT: By By Name Name Title Title Date Date Project Name: Downey Farmstead Restoration – Phase IV Habitat Creation Award Number: 4.9.18.001 Page 6 of 6 EXHIBIT A:  PROJECT DESCRIPTION  PROJECT RECIPIENT DESCRIPTION MATCH AWARD Downey Farmstead  Restoration –  Phase IV Habitat  Creation  City of Kent The City of Kent will construct nearly 2,000 LF of side  channel to the Green River to provide rearing and  refuge habitat for threatened Chinook and other  salmon species.  The project will also provide 130‐acre  feet of flood storage to reduce flooding in nearby  areas and plant hundreds of shade‐producing native  trees along a one‐half mile stretch of river where  temperature loading is a critical issue.  $2,356,856 $780,000   Project Location  Lower Green‐Duwamish Watershed near the confluence of Mullen Slough and the Green River  between RM 21.5 and 22.3.    EXHIBIT B:  SCOPE OF WORK  Task Title Task Description (Include Activities and Deliverables)  Estimated  Percent of  Total Budget  Month/Year  Task will be  Completed  Task 1: Project  Administration  (Required)  Submit reimbursement request forms, backup documentation for  billing, and progress reports at least every 6 months. Submit a Fiscal  Closeout form and a Closeout Report form with the final  reimbursement request.   3% Ongoing Task 2:  Construction  Construction Contract to build the side channel network including:  Mobilization for construction including signage, traffic control   Erosion control, clear and grub and remove trees (to be used as  slash in engineered log jams);   Excavate, haul and dispose of 240,000 CY of soil including  isolation of new channel from main Green River flow to build  the side channel connections and engineered log jams;   Importing and incorporating compost into the finished soils;   Construction and placement of 50 large wood structures;   Planting of over 40,000 native plants;  Installing erosion control fabric and mulching and/or seeding all  exposed surfaces.       90%    December  2020  Task 3:   Contract  Management  Contract management, inspection and  administration 7% March 2021   EXHIBIT C:  BUDGET SUMMARY BUDGET ITEM  GRANT REQUEST   STAFFING  $99,442  PROJECT SUPPLIES  $2,500  COMMERCIAL SERVICES & CREW TIME  $675,143  TOTAL  $780,000  Agenda Item: Consent Calendar – 8L TO: City Council DATE: September 18, 2018 SUBJECT: 2018 SAMHSA Drug Free Communities Grant – Accept SUMMARY: The City of Kent has been awarded this competitive federal Drug Free Communities Grant by the Department of Health and Human Services and the Office of National Drug Control Policy. This is a five-year grant funded separately each year, and this is the 10th year award. Kent has been awarded $125,000 for the Federal fiscal year of September 30, 2018 through September 29, 2019. This grant project requires a 150% match which the City will achieve mostly through salaries and benefits of staff who work on the grant project. The grant funds will be used for drug and alcohol prevention activities identified by the Kent Drug Free Coalition, Kent Police youth board projects, including the Game of Life youth conference EXHIBITS: Notice of Award RECOMMENDED BY: Public Safety Committee YEA: Kaur, Troutner NAY: N/A BUDGET IMPACT: Matching funds achieved through the payment of salaries and benefits. MOTION: Authorize the Mayor to sign the Drug Free Communities Support Program Grant from the Substance Abuse and Mental Health Services Administration in the amount of $125,000, amend the budget, and authorize expenditure of the grant funds in accordance with the grant’s terms and conditions. This page intentionally left blank. Page-1 Notice of Award DFC Issue Date: 08/22/2018 Department of Health and Human Services Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention Grant Number: 5H79SP020419-10 FAIN: H79SP020419 Program Director: Stacy Judd Project Title: DFC Grantee Address CITY OF KENT Mrs. Sara Wood City of Kent City of Kent 220 4TH AVE S KENT, WA 980325895 Business Address Kenneth Thomas Kent Police Department 220 4th Ave. S. KENT, WA 980325895 Budget Period: 09/30/2018 – 09/29/2019 Project Period: 09/30/2014 – 09/29/2019 Dear Grantee: The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of $125,000 (see “Award Calculation” in Section I and “Terms and Conditions” in Section III) to CITY OF KENT in support of the above referenced project. This award is pursuant to the authority of the DFC Act 1997 (PL 105-20) reauth.PL107-82,115 STAT 814 and is subject to the requirements of this statute and regulation and of other referenced, incorporated or attached terms and conditions. Award recipients may access the SAMHSA website at www.samhsa.gov (click on “Grants” then SAMHSA Grants Management), which provides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requirements. Please use your grant number for reference. Acceptance of this award including the “Terms and Conditions” is acknowledged by the grantee when funds are drawn down or otherwise obtained from the grant payment system. If you have any questions about this award, please contact your Grants Management Specialist and your Government Project Officer listed in your terms and conditions. Sincerely yours, Odessa Crocker Grants Management Officer Division of Grants Management See additional information below Page-2 SAMHSA NGA D | Version: 6 - 06/07/2018 13:04:00 | Generated on: 08/22/2018 19:06:16 SECTION I – AWARD DATA – 5H79SP020419-10 Award Calculation (U.S. Dollars) Salaries and Wages $12,678 Fringe Benefits $1,848 Personnel Costs (Subtotal)$14,526 Materials & Supplies $24,975 Contractual $64,248 Travel $13,880 Other $7,371 Direct Cost $125,000 Approved Budget $312,500 Federal Share $125,000 Non-Federal Share $187,500 Cumulative Prior Awards for this Budget Period $0 AMOUNT OF THIS ACTION (FEDERAL SHARE)$125,000 SUMMARY TOTALS FOR ALL YEARS YR AMOUNT 10 $125,000 *Recommended future year total cost support, subject to the availability of funds and satisfactory progress of the project. Fiscal Information: CFDA Number:93.276 EIN:1916001254A2 Document Number:14SP20419A Fiscal Year:2018 IC CAN Amount SP C96R655 $125,000 IC CAN 2018 SP C96R655 $125,000 SP Administrative Data: PCC: DFC / OC: 4145 SECTION II – PAYMENT/HOTLINE INFORMATION – 5H79SP020419-10 Payments under this award will be made available through the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk Support – Telephone Number: 1-877-614-5533. The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste, or abuse under grants and cooperative agreements. The telephone number is: 1- 800-HHS-TIPS (1-800-447-8477). The mailing address is: Office of Inspector General, Department of Health and Human Services, Attn: HOTLINE, 330 Independence Ave., SW, Page-3 SAMHSA NGA D | Version: 6 - 06/07/2018 13:04:00 | Generated on: 08/22/2018 19:06:16 Washington, DC 20201. SECTION III – TERMS AND CONDITIONS – 5H79SP020419-10 This award is based on the application submitted to, and as approved by, SAMHSA on the above-title project and is subject to the terms and conditions incorporated either directly or by reference in the following: a.The grant program legislation and program regulation cited in this Notice of Award. b.The restrictions on the expenditure of federal funds in appropriations acts to the extent those restrictions are pertinent to the award. c.45 CFR Part 75 as applicable. d.The HHS Grants Policy Statement. e.This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment of Program Income: Additional Costs In accordance with the regulatory requirements provided at 45 CFR 75.113 and Appendix XII to 45 CFR Part 75, recipients that have currently active Federal grants, cooperative agreements, and procurement contracts with cumulative total value greater than $10,000,000 must report and maintain information in the System for Award Management (SAM) about civil, criminal, and administrative proceedings in connection with the award or performance of a Federal award that reached final disposition within the most recent five-year period. The recipient must also make semiannual disclosures regarding such proceedings. Proceedings information will be made publicly available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements and procedures are found in Appendix XII to 45 CFR Part 75. SECTION IV – SP Special Terms and Conditions – 5H79SP020419-10 REMARKS: This Notice of Award (NoA) is issued to inform your organization that the application submitted through the Drug Free Communities (DFC) Support Program, is being continued. This award reflects approval of the budget submitted January 25, 2018 as part of the continuation application by your Organization. Key Staff: Stacy Judd, Program Director @ 80% level of effort TBD Project Coordinator @ unstated % level of effort Recipients are expected to plan their work to ensure that funds are expended within the 12-month budget period reflected on this Notice of Award. If activities proposed in the approved budget cannot be completed within the current budget period, SAMSHA cannot guarantee the approval of any request for carryover of remaining unobligated funding. Register your Organization and Program Director/Project Director (PD) in eRA Commons: You must complete registrations in order to use eRA Commons. You must register both the Organization and the PD. Additional information for eRA registration can be found at: https://era.nih.gov/reg_accounts/register_commons.cfm. SPECIAL TERMS OF AWARD: Page-4 SAMHSA NGA D | Version: 6 - 06/07/2018 13:04:00 | Generated on: 08/22/2018 19:06:16 NONE SPECIAL CONDITIONS OF AWARD: NONE STANDARD TERMS OF AWARD: Refer to the following SAMHSA website to access the Standard Terms applicable to your grant award for FY 2018: https://www.samhsa.gov/grants/grants-management/notice-award- noa/standard-terms-conditions, and reference the FY18 DFC Award Terms and Conditions CLOSEOUT: Refer to the following SAMHSA website to access Standard Closeout Terms in the last year of the project period and reference the FY18 DFC Terms and Conditions: https://www.samhsa.gov/grants/grants-management/notice-award-noa/standard- terms-conditions Failure to comply with the above stated terms and conditions may result in suspension, classification as Restriction status, termination of this award or denial of funding in the future. Unless otherwise identified in the special terms and conditions of award and post award requests, all responses to special terms and conditions of award and post award requests must be submitted through the eRA Commons system. All previous terms and conditions remain in effect until specifically approved and removed by the Grants Management Officer. It is essential that the Grant Number be included in the SUBJECT line of the email. Staff Contacts: Greg Grass, Program Official Phone: (240) 276-2919 Email: Greg.Grass@samhsa.hhs.gov Fax: (240) 276-2580 Erwin Morales, Grants Specialist Phone: (240) 276-1425 Email: erwin.morales@samhsa.hhs.gov Fax: (240) 276-1430 Agenda Item: Consent Calendar – 8M TO: City Council DATE: September 18, 2018 SUBJECT: 2018 Crack Sealing – Accept as Complete SUMMARY: This project consisted of installing 16 tons of rubberized asphalt for crack sealing asphalt roadway sections on various city of Kent streets. The final contract total paid was $125,476.00 which is $4,639.00 under the original contract amount of $130,115.00. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The project will be paid for using Business and Occupation Tax Funds. MOTION: Authorize the Mayor to accept the 2018 Crack Sealing Project as complete and release retainage to C.R. Contracting LLC, upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 10A_ TO: City Council DATE: September 18, 2018 SUBJECT: 2018 Curb Ramp Upgrade – Award SUMMARY: This project consists of upgrading existing curb ramps to meet Americans with Disabilities Act ADA requirements in various locations around the city in response to citizen requests. The project also includes traffic signal modifications and channelization associated with curb ramp upgrades. The bid opening for the 2018 Curb Ramp Upgrade Project was held on September 11, 2018 with seven (7) bids received. All were responsive. The lowest responsible and responsive bid was submitted by TITAN Earthwork LLC in the amount of $874,047.60. Bid Tab Summary 01. TITAN Earthwork LLC $874,047.60 02. NPM Construction Co. $884,267.50 03. Transportation Systems, Inc. $948,030.00 04. R. W. Scott Construction Co. $955,965.00 05. Northwest Cascade, Inc. $969,282.00 06. Road Construction Northwest, Inc. $1,032,867.50 07. Westwater Construction Company $1,214,680.00 Engineer's Estimate $819,650.00 EXHIBITS: 2018 Curb Ramp Upgrade bid tabulation RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The project will be paid for using budgeted Business and Occupation Tax and Solid Waste Utility Tax funds STRATEGIC PLAN GOAL(S): ☒ Evolving Infrastructure – Connecting people and places through strategic investments in physical and technological infrastructure. MOTION: Award the 2018 Curb Ramp Upgrade Project to TITAN Earthwork LLC in the amount of $874,047.60 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. 2018 Curb Ramp Upgrade Bid Opening: September 11, 2018, 10:00 AM TITAN Earthwork LLC NPM Construction Co.Transportation Systems, Inc. R. W. Scott Construction Co. 1585 Valentine Ave. SE PO Box 1229 6917 166th Ave. E. 4005 West Valley Highway, Suite A Pacific, WA 98047 Maple Valley, WA 98038-1229 Sumner, WA 98390-2980 Auburn, WA 98001 TOTAL $874,047.60 $884,267.50 $948,030.00 $955,965.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT SCHEDULE I: SOLID WASTE UTILITY FUNDED LOCATIONS 1000 Mobilization 1 LS 49,568.00 $49,568.00 38,000.00 $38,000.00 80,000.00 $80,000.00 40,000.00 $40,000.00 1002 Painting Traffic Curb 150 LF 2.00 $300.00 3.00 $450.00 21.00 $3,150.00 1.50 $225.00 1005 * Remove Existing Asphalt Concrete Pavement 410 SY 17.00 $6,970.00 31.00 $12,710.00 50.00 $20,500.00 35.00 $14,350.00 1010 * Remove Cement Concrete Sidewalk 200 SY 22.00 $4,400.00 33.50 $6,700.00 25.00 $5,000.00 40.00 $8,000.00 1015 * Remove Cement Concrete Curb & Gutter 430 LF 14.50 $6,235.00 25.00 $10,750.00 15.00 $6,450.00 15.00 $6,450.00 1020 Remove Cement Concrete Pre-cast Curbing 150 LF 5.00 $750.00 10.00 $1,500.00 10.00 $1,500.00 10.00 $1,500.00 1025 Removing Paint Line 1,600 LF 0.25 $400.00 2.60 $4,160.00 2.00 $3,200.00 1.75 $2,800.00 1030 * Removing Plastic Pavement Markings 450 SF 6.00 $2,700.00 10.00 $4,500.00 10.00 $4,500.00 6.00 $2,700.00 1035 * Permanent Signing 65 SF 70.00 $4,550.00 42.00 $2,730.00 47.50 $3,087.50 40.00 $2,600.00 1040 * Concrete Sign Base, Post Anchor, & Pre-punched Post 8 EA 300.00 $2,400.00 375.00 $3,000.00 125.00 $1,000.00 250.00 $2,000.00 1045 * Saw Cut Existing Asphalt Concrete Pavement 850 LF 5.00 $4,250.00 4.75 $4,037.50 6.00 $5,100.00 6.00 $5,100.00 1050 * Crushed Surfacing Top Course, 5/8" Minus 50 TON 26.00 $1,300.00 50.00 $2,500.00 100.00 $5,000.00 100.00 $5,000.00 1055 * HMA Class 1/2", PG 58V-22 50 TON 300.00 $15,000.00 229.00 $11,450.00 630.00 $31,500.00 265.00 $13,250.00 1060 Asphalt Cost Adjustment 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 1065 * Cement Concrete Sidewalk 100 SY 72.00 $7,200.00 65.00 $6,500.00 110.00 $11,000.00 65.00 $6,500.00 1070 * Cement Concrete Sidewalk Ramp Type Parallel A 3 EA 3,750.00 $11,250.00 2,000.00 $6,000.00 3,000.00 $9,000.00 3,300.00 $9,900.00 1075 * Cement Concrete Sidewalk Ramp Type Parallel B 2 EA 3,750.00 $7,500.00 2,000.00 $4,000.00 3,000.00 $6,000.00 3,300.00 $6,600.00 1080 Cement Concrete Sidewalk Ramp Type Cut-thru 3 EA 4,520.00 $13,560.00 2,000.00 $6,000.00 3,000.00 $9,000.00 4,000.00 $12,000.00 1085 Cement Concrete Sidewalk Ramp Type Combination 3 EA 4,520.00 $13,560.00 2,000.00 $6,000.00 3,000.00 $9,000.00 4,000.00 $12,000.00 1090 * Cement Concrete Curb & Gutter 340 LF 62.00 $21,080.00 46.00 $15,640.00 45.00 $15,300.00 60.00 $20,400.00 1095 * Pedestrian Curb 230 LF 26.00 $5,980.00 40.00 $9,200.00 45.00 $10,350.00 18.00 $4,140.00 1100 Precast Concrete Sloped Mountable Curb 220 LF 34.00 $7,480.00 37.00 $8,140.00 45.00 $9,900.00 35.00 $7,700.00 1105 * Replace Existing Catch Basin Frame & Grate & Adjust to Finished Grade 1 EA 725.00 $725.00 1,000.00 $1,000.00 1,000.00 $1,000.00 1,000.00 $1,000.00 1110 * Plastic Stop Line (24" wide) 80 LF 11.50 $920.00 15.00 $1,200.00 11.00 $880.00 11.25 $900.00 1115 Plastic Yield Line Symbol 10 EA 73.00 $730.00 85.00 $850.00 65.00 $650.00 75.00 $750.00 1120 * Plastic Crosswalk Line 780 SF 7.50 $5,850.00 8.00 $6,240.00 7.00 $5,460.00 7.00 $5,460.00 1125 Profiled Plastic TWLTL Line 2,310 LF 6.00 $13,860.00 6.50 $15,015.00 5.50 $12,705.00 6.00 $13,860.00 1130 Plastic Traffic Arrow 6 EA 185.00 $1,110.00 200.00 $1,200.00 165.00 $990.00 180.00 $1,080.00 1135 Profiled Plastic Double Yellow Centerline 500 LF 8.50 $4,250.00 11.00 $5,500.00 8.00 $4,000.00 8.00 $4,000.00 1140 Raised Pavement Marker Type 2 0.7 HUND 1,128.00 $789.60 1,500.00 $1,050.00 1,000.00 $700.00 1,400.00 $980.00 1145 * Topsoil Type A 15 CY 48.00 $720.00 120.00 $1,800.00 65.00 $975.00 125.00 $1,875.00 1150 * Seeding, Fertilzing, & Mulching 50 SY 11.00 $550.00 20.00 $1,000.00 12.00 $600.00 15.00 $750.00 1155 * Inlet Protection 10 EA 85.00 $850.00 60.00 $600.00 100.00 $1,000.00 90.00 $900.00 1160 * 6' Diameter Traffic Loop 3 EA 1,100.00 $3,300.00 1,500.00 $4,500.00 1,200.00 $3,600.00 1,200.00 $3,600.00 1165 Traffic Signal Modification at Military Rd. S. & S. Reith Rd. & S. 259th Pl. Intersection 1 LS 41,500.00 $41,500.00 26,000.00 $26,000.00 41,000.00 $41,000.00 40,000.00 $40,000.00 1170 Contractor Supplied Temporary Video Detection (Military Rd. S. & S. Reith Rd & S. 259th Pl. Intersection) 1 LS 5,250.00 $5,250.00 27,900.00 $27,900.00 9,000.00 $9,000.00 36,000.00 $36,000.00 1175 * Traffic Control Labor 1,100 HR 55.50 $61,050.00 55.50 $61,050.00 49.00 $53,900.00 60.00 $66,000.00 1180 * Traffic Control Supervisor 230 HR 77.00 $17,710.00 58.00 $13,340.00 54.00 $12,420.00 65.00 $14,950.00 1185 Temporary Traffic Control Devices 1 LS 2,900.00 $2,900.00 10,000.00 $10,000.00 10,000.00 $10,000.00 7,500.00 $7,500.00 1190 * Portable Changeable Message Sign (PCMS) 90 DAY 125.00 $11,250.00 140.00 $12,600.00 139.00 $12,510.00 90.00 $8,100.00 4123 2018 Curb Ramp Upgrade Bid Opening: September 11, 2018, 10:00 AM TITAN Earthwork LLC NPM Construction Co.Transportation Systems, Inc. R. W. Scott Construction Co. 1585 Valentine Ave. SE PO Box 1229 6917 166th Ave. E. 4005 West Valley Highway, Suite A Pacific, WA 98047 Maple Valley, WA 98038-1229 Sumner, WA 98390-2980 Auburn, WA 98001 TOTAL $874,047.60 $884,267.50 $948,030.00 $955,965.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 4123 1195 * Uniformed Off-Duty Police Officer 130 HR 111.00 $14,430.00 110.00 $14,300.00 105.00 $13,650.00 100.00 $13,000.00 1200 * Sequential Arrow Sign (SAS) 40 DAY 64.00 $2,560.00 40.00 $1,600.00 27.50 $1,100.00 40.00 $1,600.00 1205 * Street Cleaning 80 HR 145.00 $11,600.00 100.00 $8,000.00 175.00 $14,000.00 100.00 $8,000.00 1210 Erosion/Water Pollution Control 1 FA 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 1215 * ESC Lead 60 HR 123.00 $7,380.00 30.00 $1,800.00 50.00 $3,000.00 70.00 $4,200.00 1220 SPCC Plan 1 LS 500.00 $500.00 2,500.00 $2,500.00 750.00 $750.00 2,000.00 $2,000.00 1225 Minor Changes 1 CALC 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 SCHEDULE I TOTAL $416,217.60 $403,012.50 $473,427.50 $439,720.00 SCHEDULE I: B&O FUNDED LOCATIONS 2000 Mobilization 1 LS 41,885.00 $41,885.00 38,000.00 $38,000.00 26,000.00 $26,000.00 40,000.00 $40,000.00 2005 * Remove Existing Asphalt Concrete Pavement 200 SY 17.00 $3,400.00 31.00 $6,200.00 50.00 $10,000.00 35.00 $7,000.00 2010 Remove Reinforced Cement Concrete Driveway 30 SY 26.00 $780.00 100.00 $3,000.00 35.00 $1,050.00 60.00 $1,800.00 2015 * Remove Cement Concrete Sidewalk 350 SY 22.00 $7,700.00 33.50 $11,725.00 25.00 $8,750.00 40.00 $14,000.00 2020 * Remove Cement Concrete Curb & Gutter 500 LF 14.50 $7,250.00 25.00 $12,500.00 15.00 $7,500.00 15.00 $7,500.00 2025 * Removing Plastic Pavement Markings 2,000 SF 6.00 $12,000.00 10.00 $20,000.00 10.00 $20,000.00 6.00 $12,000.00 2030 * Permanent Signing 5 SF 70.00 $350.00 42.00 $210.00 47.50 $237.50 40.00 $200.00 2035 * Concrete Sign Base, Post Anchor, & Pre-punched Post 2 EA 300.00 $600.00 375.00 $750.00 125.00 $250.00 250.00 $500.00 2040 * Saw Cut Existing Asphalt Concrete Pavement 1,100 LF 5.00 $5,500.00 4.75 $5,225.00 6.00 $6,600.00 6.00 $6,600.00 2045 * Crushed Surfacing Top Course, 5/8" Minus 60 TON 26.00 $1,560.00 50.00 $3,000.00 100.00 $6,000.00 100.00 $6,000.00 2050 * HMA Class 1/2", PG 58V-22 35 TON 300.00 $10,500.00 229.00 $8,015.00 630.00 $22,050.00 265.00 $9,275.00 2055 Cement Concrete Driveway, 8" Depth, Reinforced 20 SY 153.00 $3,060.00 120.00 $2,400.00 120.00 $2,400.00 120.00 $2,400.00 2060 * Cement Concrete Sidewalk 150 SY 72.00 $10,800.00 65.00 $9,750.00 110.00 $16,500.00 65.00 $9,750.00 2065 Cement Concrete Sidewalk Ramp Type Perpendicular A 2 EA 3,750.00 $7,500.00 2,000.00 $4,000.00 3,000.00 $6,000.00 3,300.00 $6,600.00 2070 * Cement Concrete Sidewalk Ramp Type Parallel A 8 EA 3,750.00 $30,000.00 2,000.00 $16,000.00 3,000.00 $24,000.00 3,300.00 $26,400.00 2075 * Cement Concrete Sidewalk Ramp Type Parallel B 1 EA 3,750.00 $3,750.00 2,000.00 $2,000.00 3,000.00 $3,000.00 3,300.00 $3,300.00 2080 Cement Concrete Sidewalk Ramp Type Blended Transition 2 EA 4,520.00 $9,040.00 2,500.00 $5,000.00 3,000.00 $6,000.00 4,000.00 $8,000.00 2085 Cement Concrete Sidewalk Ramp Type Single Direction 2 EA 3,750.00 $7,500.00 2,000.00 $4,000.00 3,000.00 $6,000.00 3,300.00 $6,600.00 2090 * Cement Concrete Curb & Gutter 500 LF 62.00 $31,000.00 46.00 $23,000.00 45.00 $22,500.00 60.00 $30,000.00 2095 Cement Concrete Curb & Gutter, 8" Depth, Reinforced 20 LF 138.00 $2,760.00 56.00 $1,120.00 75.00 $1,500.00 115.00 $2,300.00 2100 * Pedestrian Curb 260 LF 26.00 $6,760.00 40.00 $10,400.00 45.00 $11,700.00 18.00 $4,680.00 2105 Adjust Existing Catch Basin Frame & Grate to Finished Grade 5 EA 450.00 $2,250.00 750.00 $3,750.00 750.00 $3,750.00 600.00 $3,000.00 2110 Replace Rectangular Manhole Frame & Lid with City Supplied Frame & Lid & Adjust to Finished Grade 1 EA 675.00 $675.00 600.00 $600.00 1,000.00 $1,000.00 750.00 $750.00 2115 * Replace Existing Catch Basin Frame & Grate & Adjust to Finished Grade 1 EA 725.00 $725.00 1,000.00 $1,000.00 1,000.00 $1,000.00 1,000.00 $1,000.00 2120 Replace Existing Manhole Lid with Slip Resistant Surface & Adjust to Finished Grade 1 EA 850.00 $850.00 1,500.00 $1,500.00 1,000.00 $1,000.00 1,000.00 $1,000.00 2125 Replace Existing Valve Box Top Section & Lid & Adjust to Finished Grade 1 EA 500.00 $500.00 500.00 $500.00 1,000.00 $1,000.00 750.00 $750.00 2130 * Plastic Stop Line (24" wide) 220 LF 11.50 $2,530.00 15.00 $3,300.00 11.00 $2,420.00 11.25 $2,475.00 2135 * Plastic Crosswalk Line 1,600 SF 7.50 $12,000.00 8.00 $12,800.00 7.00 $11,200.00 7.00 $11,200.00 2140 * Topsoil Type A 15 CY 48.00 $720.00 120.00 $1,800.00 65.00 $975.00 125.00 $1,875.00 2018 Curb Ramp Upgrade Bid Opening: September 11, 2018, 10:00 AM TITAN Earthwork LLC NPM Construction Co.Transportation Systems, Inc. R. W. Scott Construction Co. 1585 Valentine Ave. SE PO Box 1229 6917 166th Ave. E. 4005 West Valley Highway, Suite A Pacific, WA 98047 Maple Valley, WA 98038-1229 Sumner, WA 98390-2980 Auburn, WA 98001 TOTAL $874,047.60 $884,267.50 $948,030.00 $955,965.00 ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 4123 2145 * Seeding, Fertilzing, & Mulching 40 SY 11.00 $440.00 20.00 $800.00 12.00 $480.00 15.00 $600.00 2150 * Inlet Protection 11 EA 85.00 $935.00 60.00 $660.00 100.00 $1,100.00 90.00 $990.00 2155 * 6' Diameter Traffic Loop 12 EA 1,100.00 $13,200.00 1,500.00 $18,000.00 1,200.00 $14,400.00 1,200.00 $14,400.00 2160 Traffic Signal Modification at SE 240th Ave. & 108th Ave. SE Intersection, Including Permanent Video Detection 1 LS 25,000.00 $25,000.00 44,100.00 $44,100.00 45,000.00 $45,000.00 62,000.00 $62,000.00 2165 Traffic Signal Modification at SE 260th St. & 104th Ave. SE Intersection 1 LS 39,200.00 $39,200.00 59,990.00 $59,990.00 40,000.00 $40,000.00 66,000.00 $66,000.00 2170 * Traffic Control Labor 1,200 HR 55.50 $66,600.00 55.50 $66,600.00 49.00 $58,800.00 60.00 $72,000.00 2175 * Traffic Control Supervisor 220 HR 77.00 $16,940.00 58.00 $12,760.00 54.00 $11,880.00 65.00 $14,300.00 2180 Temporary Traffic Control Devices 1 LS 2,900.00 $2,900.00 10,000.00 $10,000.00 10,000.00 $10,000.00 6,000.00 $6,000.00 2185 * Portable Changeable Message Sign (PCMS) 90 DAY 125.00 $11,250.00 140.00 $12,600.00 139.00 $12,510.00 90.00 $8,100.00 2190 * Uniformed Off-Duty Police Officer 290 HR 111.00 $32,190.00 110.00 $31,900.00 105.00 $30,450.00 100.00 $29,000.00 2195 * Sequential Arrow Sign (SAS) 40 DAY 64.00 $2,560.00 40.00 $1,600.00 27.50 $1,100.00 40.00 $1,600.00 2200 * Street Cleaning 80 HR 145.00 $11,600.00 100.00 $8,000.00 175.00 $14,000.00 100.00 $8,000.00 2205 * ESC Lead 90 HR 123.00 $11,070.00 30.00 $2,700.00 50.00 $4,500.00 70.00 $6,300.00 SCHEDULE II TOTAL $457,830.00 $481,255.00 $474,602.50 $516,245.00 SUMMARY: SCHEDULE I TOTAL $416,217.60 $403,012.50 $473,427.50 $439,720.00 SCHEDULE II TOTAL $457,830.00 $481,255.00 $474,602.50 $516,245.00 CONSTRUCTION CONTRACT TOTAL $874,047.60 $884,267.50 $948,030.00 $955,965.00 2018 Curb Ramp Upgrade Bid Opening: September 11, 2018, 10:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. SCHEDULE I: SOLID WASTE UTILITY FUNDED LOCATIONS 1000 Mobilization 1 LS 1002 Painting Traffic Curb 150 LF 1005 * Remove Existing Asphalt Concrete Pavement 410 SY 1010 * Remove Cement Concrete Sidewalk 200 SY 1015 * Remove Cement Concrete Curb & Gutter 430 LF 1020 Remove Cement Concrete Pre-cast Curbing 150 LF 1025 Removing Paint Line 1,600 LF 1030 * Removing Plastic Pavement Markings 450 SF 1035 * Permanent Signing 65 SF 1040 * Concrete Sign Base, Post Anchor, & Pre-punched Post 8 EA 1045 * Saw Cut Existing Asphalt Concrete Pavement 850 LF 1050 * Crushed Surfacing Top Course, 5/8" Minus 50 TON 1055 * HMA Class 1/2", PG 58V-22 50 TON 1060 Asphalt Cost Adjustment 1 CALC 1065 * Cement Concrete Sidewalk 100 SY 1070 * Cement Concrete Sidewalk Ramp Type Parallel A 3 EA 1075 * Cement Concrete Sidewalk Ramp Type Parallel B 2 EA 1080 Cement Concrete Sidewalk Ramp Type Cut-thru 3 EA 1085 Cement Concrete Sidewalk Ramp Type Combination 3 EA 1090 * Cement Concrete Curb & Gutter 340 LF 1095 * Pedestrian Curb 230 LF 1100 Precast Concrete Sloped Mountable Curb 220 LF 1105 * Replace Existing Catch Basin Frame & Grate & Adjust to Finished Grade 1EA 1110 * Plastic Stop Line (24" wide) 80 LF 1115 Plastic Yield Line Symbol 10 EA 1120 * Plastic Crosswalk Line 780 SF 1125 Profiled Plastic TWLTL Line 2,310 LF 1130 Plastic Traffic Arrow 6 EA 1135 Profiled Plastic Double Yellow Centerline 500 LF 1140 Raised Pavement Marker Type 2 0.7 HUND 1145 * Topsoil Type A 15 CY 1150 * Seeding, Fertilzing, & Mulching 50 SY 1155 * Inlet Protection 10 EA 1160 * 6' Diameter Traffic Loop 3 EA 1165 Traffic Signal Modification at Military Rd. S. & S. Reith Rd. & S. 259th Pl. Intersection 1LS 1170 Contractor Supplied Temporary Video Detection (Military Rd. S. & S. Reith Rd & S. 259th Pl. Intersection) 1LS 1175 * Traffic Control Labor 1,100 HR 1180 * Traffic Control Supervisor 230 HR 1185 Temporary Traffic Control Devices 1 LS 1190 * Portable Changeable Message Sign (PCMS) 90 DAY Northwest Cascade, Inc. Road Construction Northwest, Inc. Westwater Construction Company Engineer's Estimate PO Box 73399 PO Box 2228 PO Box 59237 Mike Almaroof Puyallup, WA 98373 Renton, WA 98056 Renton, WA 98058 $969,282.00 $1,032,867.50 $1,214,680.00 $819,650.00 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 42,150.00 $42,150.00 40,000.00 $40,000.00 50,000.00 $50,000.00 19,000.00 $19,000.00 1.50 $225.00 6.00 $900.00 10.00 $1,500.00 2.00 $300.00 26.00 $10,660.00 45.00 $18,450.00 60.00 $24,600.00 15.00 $6,150.00 32.00 $6,400.00 35.00 $7,000.00 50.00 $10,000.00 35.00 $7,000.00 17.00 $7,310.00 18.00 $7,740.00 15.00 $6,450.00 15.00 $6,450.00 17.00 $2,550.00 12.00 $1,800.00 15.00 $2,250.00 10.00 $1,500.00 1.75 $2,800.00 4.50 $7,200.00 1.00 $1,600.00 2.00 $3,200.00 6.00 $2,700.00 6.00 $2,700.00 10.00 $4,500.00 2.00 $900.00 40.00 $2,600.00 60.00 $3,900.00 75.00 $4,875.00 500.00 $32,500.00 550.00 $4,400.00 160.00 $1,280.00 100.00 $800.00 500.00 $4,000.00 6.00 $5,100.00 5.00 $4,250.00 10.00 $8,500.00 4.00 $3,400.00 86.00 $4,300.00 100.00 $5,000.00 125.00 $6,250.00 50.00 $2,500.00 361.00 $18,050.00 300.00 $15,000.00 350.00 $17,500.00 125.00 $6,250.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 85.00 $8,500.00 125.00 $12,500.00 150.00 $15,000.00 75.00 $7,500.00 5,000.00 $15,000.00 4,500.00 $13,500.00 7,500.00 $22,500.00 2,000.00 $6,000.00 5,000.00 $10,000.00 4,500.00 $9,000.00 7,500.00 $15,000.00 2,000.00 $4,000.00 5,000.00 $15,000.00 4,500.00 $13,500.00 7,500.00 $22,500.00 2,000.00 $6,000.00 5,000.00 $15,000.00 4,500.00 $13,500.00 7,500.00 $22,500.00 2,000.00 $6,000.00 75.00 $25,500.00 59.00 $20,060.00 100.00 $34,000.00 50.00 $17,000.00 26.00 $5,980.00 45.00 $10,350.00 100.00 $23,000.00 50.00 $11,500.00 32.00 $7,040.00 40.00 $8,800.00 25.00 $5,500.00 40.00 $8,800.00 850.00 $850.00 1,100.00 $1,100.00 700.00 $700.00 2,500.00 $2,500.00 11.00 $880.00 17.00 $1,360.00 20.00 $1,600.00 15.00 $1,200.00 68.00 $680.00 275.00 $2,750.00 150.00 $1,500.00 250.00 $2,500.00 7.00 $5,460.00 9.00 $7,020.00 10.00 $7,800.00 10.00 $7,800.00 6.00 $13,860.00 3.50 $8,085.00 3.00 $6,930.00 5.00 $11,550.00 168.00 $1,008.00 335.00 $2,010.00 200.00 $1,200.00 200.00 $1,200.00 8.00 $4,000.00 2.00 $1,000.00 2.00 $1,000.00 5.00 $2,500.00 1,050.00 $735.00 625.00 $437.50 1,000.00 $700.00 500.00 $350.00 105.00 $1,575.00 70.00 $1,050.00 150.00 $2,250.00 100.00 $1,500.00 30.00 $1,500.00 4.50 $225.00 15.00 $750.00 5.00 $250.00 58.00 $580.00 85.00 $850.00 100.00 $1,000.00 125.00 $1,250.00 1,200.00 $3,600.00 950.00 $2,850.00 1,000.00 $3,000.00 1,000.00 $3,000.00 37,725.00 $37,725.00 45,000.00 $45,000.00 40,000.00 $40,000.00 20,000.00 $20,000.00 23,150.00 $23,150.00 40,000.00 $40,000.00 30,000.00 $30,000.00 10,000.00 $10,000.00 60.00 $66,000.00 56.75 $62,425.00 60.00 $66,000.00 70.00 $77,000.00 60.00 $13,800.00 58.00 $13,340.00 75.00 $17,250.00 70.00 $16,100.00 35,615.00 $35,615.00 20,000.00 $20,000.00 2,500.00 $2,500.00 10,000.00 $10,000.00 55.00 $4,950.00 80.00 $7,200.00 40.00 $3,600.00 100.00 $9,000.00 756 2018 Curb Ramp Upgrade Bid Opening: September 11, 2018, 10:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. 1195 * Uniformed Off-Duty Police Officer 130 HR 1200 * Sequential Arrow Sign (SAS) 40 DAY 1205 * Street Cleaning 80 HR 1210 Erosion/Water Pollution Control 1 FA 1215 * ESC Lead 60 HR 1220 SPCC Plan 1 LS 1225 Minor Changes 1 CALC SCHEDULE I TOTAL SCHEDULE I: B&O FUNDED LOCATIONS 2000 Mobilization 1 LS 2005 * Remove Existing Asphalt Concrete Pavement 200 SY 2010 Remove Reinforced Cement Concrete Driveway 30 SY 2015 * Remove Cement Concrete Sidewalk 350 SY 2020 * Remove Cement Concrete Curb & Gutter 500 LF 2025 * Removing Plastic Pavement Markings 2,000 SF 2030 * Permanent Signing 5 SF 2035 * Concrete Sign Base, Post Anchor, & Pre-punched Post 2 EA 2040 * Saw Cut Existing Asphalt Concrete Pavement 1,100 LF 2045 * Crushed Surfacing Top Course, 5/8" Minus 60 TON 2050 * HMA Class 1/2", PG 58V-22 35 TON 2055 Cement Concrete Driveway, 8" Depth, Reinforced 20 SY 2060 * Cement Concrete Sidewalk 150 SY 2065 Cement Concrete Sidewalk Ramp Type Perpendicular A 2 EA 2070 * Cement Concrete Sidewalk Ramp Type Parallel A 8 EA 2075 * Cement Concrete Sidewalk Ramp Type Parallel B 1 EA 2080 Cement Concrete Sidewalk Ramp Type Blended Transition 2EA 2085 Cement Concrete Sidewalk Ramp Type Single Direction 2EA 2090 * Cement Concrete Curb & Gutter 500 LF 2095 Cement Concrete Curb & Gutter, 8" Depth, Reinforced 20 LF 2100 * Pedestrian Curb 260 LF 2105 Adjust Existing Catch Basin Frame & Grate to Finished Grade 5EA 2110 Replace Rectangular Manhole Frame & Lid with City Supplied Frame & Lid & Adjust to Finished Grade 1EA 2115 * Replace Existing Catch Basin Frame & Grate & Adjust to Finished Grade 1EA 2120 Replace Existing Manhole Lid with Slip Resistant Surface & Adjust to Finished Grade 1EA 2125 Replace Existing Valve Box Top Section & Lid & Adjust to Finished Grade 1EA 2130 * Plastic Stop Line (24" wide) 220 LF 2135 * Plastic Crosswalk Line 1,600 SF 2140 * Topsoil Type A 15 CY Northwest Cascade, Inc. Road Construction Northwest, Inc. Westwater Construction Company Engineer's Estimate PO Box 73399 PO Box 2228 PO Box 59237 Mike Almaroof Puyallup, WA 98373 Renton, WA 98056 Renton, WA 98058 $969,282.00 $1,032,867.50 $1,214,680.00 $819,650.00 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 756 95.00 $12,350.00 120.00 $15,600.00 125.00 $16,250.00 125.00 $16,250.00 20.00 $800.00 45.00 $1,800.00 10.00 $400.00 50.00 $2,000.00 158.00 $12,640.00 45.00 $3,600.00 100.00 $8,000.00 200.00 $16,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 1.00 $60.00 25.00 $1,500.00 50.00 $3,000.00 75.00 $4,500.00 2,500.00 $2,500.00 800.00 $800.00 1,000.00 $1,000.00 2,000.00 $2,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 $475,583.00 $476,432.50 $535,255.00 $398,400.00 19,200.00 $19,200.00 50,000.00 $50,000.00 60,000.00 $60,000.00 14,000.00 $14,000.00 26.00 $5,200.00 45.00 $9,000.00 60.00 $12,000.00 15.00 $3,000.00 41.00 $1,230.00 40.00 $1,200.00 60.00 $1,800.00 25.00 $750.00 32.00 $11,200.00 35.00 $12,250.00 50.00 $17,500.00 35.00 $12,250.00 17.00 $8,500.00 18.00 $9,000.00 15.00 $7,500.00 15.00 $7,500.00 6.00 $12,000.00 6.00 $12,000.00 10.00 $20,000.00 2.00 $4,000.00 40.00 $200.00 60.00 $300.00 75.00 $375.00 500.00 $2,500.00 550.00 $1,100.00 160.00 $320.00 100.00 $200.00 500.00 $1,000.00 6.00 $6,600.00 5.00 $5,500.00 10.00 $11,000.00 4.00 $4,400.00 86.00 $5,160.00 100.00 $6,000.00 125.00 $7,500.00 50.00 $3,000.00 361.00 $12,635.00 300.00 $10,500.00 350.00 $12,250.00 125.00 $4,375.00 250.00 $5,000.00 175.00 $3,500.00 125.00 $2,500.00 200.00 $4,000.00 85.00 $12,750.00 125.00 $18,750.00 150.00 $22,500.00 75.00 $11,250.00 5,000.00 $10,000.00 4,500.00 $9,000.00 7,500.00 $15,000.00 2,000.00 $4,000.00 5,000.00 $40,000.00 4,500.00 $36,000.00 7,500.00 $60,000.00 2,000.00 $16,000.00 5,000.00 $5,000.00 4,500.00 $4,500.00 7,500.00 $7,500.00 2,000.00 $2,000.00 5,000.00 $10,000.00 4,500.00 $9,000.00 7,500.00 $15,000.00 1,000.00 $2,000.00 5,000.00 $10,000.00 4,500.00 $9,000.00 7,500.00 $15,000.00 2,000.00 $4,000.00 75.00 $37,500.00 59.00 $29,500.00 100.00 $50,000.00 50.00 $25,000.00 145.00 $2,900.00 100.00 $2,000.00 200.00 $4,000.00 75.00 $1,500.00 26.00 $6,760.00 45.00 $11,700.00 100.00 $26,000.00 50.00 $13,000.00 401.00 $2,005.00 1,000.00 $5,000.00 750.00 $3,750.00 700.00 $3,500.00 645.00 $645.00 1,100.00 $1,100.00 750.00 $750.00 200.00 $200.00 850.00 $850.00 1,100.00 $1,100.00 700.00 $700.00 2,500.00 $2,500.00 1,850.00 $1,850.00 3,500.00 $3,500.00 750.00 $750.00 1,000.00 $1,000.00 801.00 $801.00 1,000.00 $1,000.00 750.00 $750.00 750.00 $750.00 11.00 $2,420.00 17.00 $3,740.00 20.00 $4,400.00 15.00 $3,300.00 7.00 $11,200.00 9.00 $14,400.00 10.00 $16,000.00 10.00 $16,000.00 105.00 $1,575.00 70.00 $1,050.00 150.00 $2,250.00 100.00 $1,500.00 2018 Curb Ramp Upgrade Bid Opening: September 11, 2018, 10:00 AM TOTAL ITEM DESCRIPTION QTY UNIT NO. 2145 * Seeding, Fertilzing, & Mulching 40 SY 2150 * Inlet Protection 11 EA 2155 * 6' Diameter Traffic Loop 12 EA 2160 Traffic Signal Modification at SE 240th Ave. & 108th Ave. SE Intersection, Including Permanent Video Detection 1LS 2165 Traffic Signal Modification at SE 260th St. & 104th Ave. SE Intersection 1LS 2170 * Traffic Control Labor 1,200 HR 2175 * Traffic Control Supervisor 220 HR 2180 Temporary Traffic Control Devices 1 LS 2185 * Portable Changeable Message Sign (PCMS) 90 DAY 2190 * Uniformed Off-Duty Police Officer 290 HR 2195 * Sequential Arrow Sign (SAS) 40 DAY 2200 * Street Cleaning 80 HR 2205 * ESC Lead 90 HR SCHEDULE II TOTAL SUMMARY: SCHEDULE I TOTAL SCHEDULE II TOTAL CONSTRUCTION CONTRACT TOTAL Northwest Cascade, Inc. Road Construction Northwest, Inc. Westwater Construction Company Engineer's Estimate PO Box 73399 PO Box 2228 PO Box 59237 Mike Almaroof Puyallup, WA 98373 Renton, WA 98056 Renton, WA 98058 $969,282.00 $1,032,867.50 $1,214,680.00 $819,650.00 UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 756 30.00 $1,200.00 4.50 $180.00 15.00 $600.00 5.00 $200.00 58.00 $638.00 85.00 $935.00 100.00 $1,100.00 125.00 $1,375.00 1,200.00 $14,400.00 950.00 $11,400.00 1,000.00 $12,000.00 1,000.00 $12,000.00 53,200.00 $53,200.00 63,500.00 $63,500.00 50,000.00 $50,000.00 30,000.00 $30,000.00 32,750.00 $32,750.00 50,000.00 $50,000.00 75,000.00 $75,000.00 30,000.00 $30,000.00 60.00 $72,000.00 56.75 $68,100.00 60.00 $72,000.00 70.00 $84,000.00 60.00 $13,200.00 58.00 $12,760.00 75.00 $16,500.00 70.00 $15,400.00 16,000.00 $16,000.00 20,000.00 $20,000.00 2,500.00 $2,500.00 10,000.00 $10,000.00 55.00 $4,950.00 80.00 $7,200.00 40.00 $3,600.00 100.00 $9,000.00 95.00 $27,550.00 120.00 $34,800.00 125.00 $36,250.00 125.00 $36,250.00 20.00 $800.00 45.00 $1,800.00 10.00 $400.00 50.00 $2,000.00 158.00 $12,640.00 45.00 $3,600.00 100.00 $8,000.00 200.00 $16,000.00 1.00 $90.00 25.00 $2,250.00 50.00 $4,500.00 75.00 $6,750.00 $493,699.00 $556,435.00 $679,425.00 $421,250.00 $475,583.00 $476,432.50 $535,255.00 $398,400.00 $493,699.00 $556,435.00 $679,425.00 $421,250.00 $969,282.00 $1,032,867.50 $1,214,680.00 $819,650.00 EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(c) – To consider the minimum price at which real estate will be offered for sale or lease. B. Potential Litigation, as per 42.30.110(1)(i) ACTION AFTER EXECUTIVE SESSION ADJOURNMENT