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HomeMy WebLinkAboutCity Council Committees - Public Works Committee - 09/10/2018 Unless otherwise noted, the Public Works Committee meets at 4 p.m. on the first and third Mondays of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Public Works Administration at 253 -856-5500, or email Cheryl Viseth at CViseth@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call W ashington Telecommunications Relay Service at 7-1-1. Public Works Committee Agenda Chair - Dennis Higgins Brenda Fincher– Toni Troutner Monday, September 10, 2018 4:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Minutes Approval Chair 01 MIN. 1. Approval of August 20, 2018 Minutes YES Chair 05 MIN. 4. Changes to the Agenda Chair 01 MIN. 5. S. 228th St. UPRR Grade Separation Project - Public Highway Overpass Agreement YES Mark Madfai 05 MIN. 6. Consultant Services Agreements with GeoEngineers, Inc. for S. 228th St. Project Construction Support YES Mark Madfai 7. S. 228th St. UPRR Grade Separation – Consultant Services Agreement with HDR for Construction Support YES Mark Madfai 05 MIN. 8. Recreation and Conservation Office (RCO) Resolution for Downey Farmstead Project - Recommend YES Mike Mactutis 05 MIN. 9. King County Cooperative Watershed Management (CWM) Grant for the Downey Farmstead Restoration Projec YES Mike Mactutis 05 MIN. 10. Information Only/Downey NO Tim LaPorte 10 MIN. Public Works Committee CC PW Special Meeting September 10, 2018 Change Order 11. Information Only – Landsburg Mine Update NO Mike Mactutis 10 MIN. 12. Quiet Zone Update NO Chad Bieren 05 MIN. 13. Adjournment Chair 01 MIN. Page 1 of 4 Approved Public Works Committee CC PW Regular Meeting Minutes August 20, 2018 Date: August 20, 2018 Time: 4:00 PM Place: Chambers East Attending: Dennis Higgins, Chair Brenda Fincher, Councilmember Toni Troutner, Councilmember Agenda: 1. Call to Order 4:02 PM 2. Roll Call Attendee Name Title Status Arrived Dennis Higgins Chair Present Brenda Fincher Councilmember Present Toni Troutner Councilmember Present 3. Changes to the Agenda No Changes 4. Approval of Minutes dated August 6, 2018 MOTION: Move to approve the Minutes dated August 6, 2018 RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Higgins, Fincher, Troutner 5. Info Only/King County Solid Waste Pat McLaughlin, Director of King County Solid Waste Division provided an update on planning for improvements to the Cedar Hills Landfill. The focus is on the comprehensive plan which is a critical policy document for our regional solid waste system for the next 6 to 20 years. The focus is on three areas; disposal, transfer services and recycling. Garbage and recyclables are driven by the economy and population growth. Consumption is currently at 2,800 tons of garbage per day and in 10 years it is estimated to grow to 5,000 tons per day. Per this estimated growth, Cedar Hill Landfill is projected to reach capacity in 2028 and there are three choices in moving forward; build new capacity to maximize Cedar Hills’ life, export waste via rail or build a waste to energy facility. The potential risks for each one is as follows; one, there would be a SEPA process and 3.1 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 0 , 2 0 1 8 4 : 0 0 P M ( M i n u t e s A p p r o v a l ) Public Works Committee CC PW Regular Meeting Minutes August 20, 2018 Kent, Washington Page 2 of 4 permitting for the Cedar Hills build out, two, export risks are due to the capacity of the rails and costs associated, and three, waste to energy facility would come from citing and sizing of the plant. Currently, Cedar Hills is the best option and allows for the two other options to remain open. Cedar Hills expansion would have the lowest impact on rates; most favorable air emissions, manages waste locally and has the lowest risk. CM Higgins inquired how much time the Cedar Hills expansion would give, and Mr. McLaughlin replied that it is estimated to last to 2040 and possibly longer. It was also noted that the City would not be in favor of the rail option. Mr. McLaughlin went on to talk about plans to rebuild the Algona transfer station and potential plans to rebuild build a new transfer station in north King County. He also spoke about recycling and changes in recycling. Since the early 1990’s the recycling rate went from 19% to 54% in King County, which brings recycling to over one million tons. When King County began to allow co-mingled bins, the recycling rates doubled. King County has launched a task force to research ways to continue to improve common policies between cities and how to encourage people to recycle. The largest impact to reduce recycled contamination is to remember three words; Empty, Clean and Dry. There is a total of 37 partnering Cities and if this comprehensive plan is adopted, the City of Kent would adopt in early 2019. Mr. McLaughlin requested the City write a letter of endorsement for the plan. 6. Goods & Services Agreement with RailPros Field Services, Inc. for 228th Street Grade Separation Project - Recommend Mark Madfai, Engineering Supervisor and Susanne Smith, Project Engineer II spoke about the Good and Services Agreement with RailPros regarding the construction of the S. 228th Street Union Pacific Railroad Grade Separation project. This project would require railroad flagging to ensure railroad traffic is not impeded by construction. Railpros Field Services, Inc. is the only company authorized by the Union Pacific Railroad to conduct flagging operations on UP tracks. They will provide the railroad flagging during construction of the bridge and related infrastructure. RailPros have the ability to be in constant communication with the train engineers and would have the authority to stop the trains if necessary. The contract would be in effect for the remainder of the project and is estimated for 200, eight-hour days. If we do not use all the days and hours, we will not have to pay the full amount. MOTION: Move to recommend Council authorize the Mayor to sign a Goods & Services Agreement with Railpros Field Services, Inc. in an amount not to exceed $190,000.00, for the purpose of railroad 3.1 Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 0 , 2 0 1 8 4 : 0 0 P M ( M i n u t e s A p p r o v a l ) Public Works Committee CC PW Regular Meeting Minutes August 20, 2018 Kent, Washington Page 3 of 4 flagging, subject to final terms and conditions acceptable to the City Attorney and Public Works Director RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Higgins, Fincher, Troutner 7. Sewer Ordinance Change Tim LaPorte, P.E. and Christina Schuck, City Attorney noted that in 2017 the State Auditor’s office recommended a change to our existing sewer code provisions in chapter 7.04 of the Kent City Code. The city has a long- established practice of not requiring homeowners to connect to sewers unless requested by the Health Department or unless the residence was in a Local Improvement District (LID) established to provide sewer service. There are a few residential areas on the West and East Hills of Kent that are served with septic systems, possibly numbering two to three hundred homes. Unless a septic system is failing, redevelopment occurs or for some other health related reason, the city has continued to allow these residences to remain on their individual septic systems. The septic systems would need to be kept in good working order. Connecting to the public sewer system can easily cost a homeowner $20,000 to $30,000 due to the excavation costs. Generally, it is more economical for a group of homes in a neighborhood to participate in a LID to accomplish this rather than an individual owner. The purpose of this amendment is to clarify that the Director has the authority to implement policies and procedures relating to the enforcement of this chapter, including the connection requirement. The imposition of the monetary penalty has been made discretionary (not mandatory) and the authority of enforcement beyond particular situations was broadened. MOTION: Recommend Council adopt an ordinance that amends various sections within chapter 7.04 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. RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] MOVER: Toni Troutner, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Higgins, Fincher, Troutner 8. Info Only/GeoPortal GIS Public Access - Update Catherine Crook, GIS Supervisor, Heath Brackett, GIS Analyst III and Dana 3.1 Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 0 , 2 0 1 8 4 : 0 0 P M ( M i n u t e s A p p r o v a l ) Public Works Committee CC PW Regular Meeting Minutes August 20, 2018 Kent, Washington Page 4 of 4 Son, GIS Analyst I, noted that the GIS group has developed and made available to the public the Kent GeoPortal on the city’s website. The GeoPortal is the new public platform for exploring, displaying, and downloading location-based data. The GeoPortal will bring together data, geographical information along with surveys and various engagement applications in one place where it can be accessed and utilized by residents and the general public. This site will be maintained and updated by staff. The portal has been active for 1.5 weeks and had already had over 1,500 hits. GIS staff will work with all departments to determine their needs to the GeoPortal. 9. Info Only/Quiet Zone Update Chad Bieren, Deputy Public Works Director / City Engineer gave an update on the status of the Quiet Zone. 10. Adjournment 5:17 PM Committee Secretary 3.1 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 0 , 2 0 1 8 4 : 0 0 P M ( M i n u t e s A p p r o v a l ) PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: September 10, 2018 TO: Public Works Committee SUBJECT: S. 228th St. UPRR Grade Separation Project - Public Highway Overpass Agreement with the Union Pacific Railroad - Recommend MOTION: Move to recommend Council 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. SUMMARY: This agreement is required for the City to install the new bridge over the Union Pacific Railroad (UPRR) 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 the agreement is $307,471.00 and 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. BUDGET IMPACT: The cost of this work is included in the project budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 1. 5 EXHIBIT Union Pacific RR Construction & Maintenance Agrmt (PDF) 5 Packet Pg. 7 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 5.a Packet Pg. 8 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 9 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 10 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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.a Packet Pg. 11 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 12 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 13 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 14 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 15 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 16 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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) 5.a Packet Pg. 17 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 5.a Packet Pg. 18 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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) 5.a Packet Pg. 19 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 20 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c City of Kent Public Works Department Engineering Division 5.a Packet Pg. 21 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c City of Kent Public Works Department Engineering Division 5.a Packet Pg. 22 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c City of Kent Public Works Department Engineering Division 5.a Packet Pg. 23 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c City of Kent Public Works Department Engineering Division 5.a Packet Pg. 24 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c City of Kent Public Works Department Engineering Division 5.a Packet Pg. 25 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c City of Kent Public Works Department Engineering Division 5.a Packet Pg. 26 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 27 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 28 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 29 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 30 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 31 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 32 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 33 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 34 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 35 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 36 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 37 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 38 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 39 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 40 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 41 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 42 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 43 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 44 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 45 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 46 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 47 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 48 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 49 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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:_____________________________________________ 5.a Packet Pg. 50 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 51 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 52 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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 5.a Packet Pg. 53 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 54 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 55 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 56 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 57 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c 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. 5.a Packet Pg. 58 At t a c h m e n t : 5 E X H I B I T U n i o n P a c i f i c R R C o n s t r u c t i o n & M a i n t e n a n c e A g r m t ( 1 3 7 4 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n P r o j e c t - P u b l i c PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: September 10, 2018 TO: Public Works Committee SUBJECT: Consultant Services Agreements with GeoEngineers, Inc. for S. 228th St. Project Construction Support MOTION: Move to recommend Council 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, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: GeoEngineers Inc. 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. BUDGET IMPACT: The cost of this contract was anticipated and included in the project budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 1. 6 EXHIBIT GeoEngineers - 228th UP Ph 3, 4 & 5 (PDF) 6 Packet Pg. 59 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: 6.a Packet Pg. 60 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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. 6.a Packet Pg. 61 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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 6.a Packet Pg. 62 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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. / / / / / / / / / / / / 6.a Packet Pg. 63 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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 6.a Packet Pg. 64 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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: _________________________________________ 6.a Packet Pg. 65 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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. 6.a Packet Pg. 66 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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: _________________________________________ 6.a Packet Pg. 67 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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 6.a Packet Pg. 68 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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 6.a Packet Pg. 69 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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 6.a Packet Pg. 70 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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. 6.a Packet Pg. 71 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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 6.a Packet Pg. 72 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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. 6.a Packet Pg. 73 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . 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. 6.a Packet Pg. 74 At t a c h m e n t : 6 E X H I B I T G e o E n g i n e e r s - 2 2 8 t h U P P h 3 , 4 & 5 ( 1 3 7 5 : C o n s u l t a n t S e r v i c e s A g r e e m e n t s w i t h G e o E n g i n e e r s , I n c . f o r S . 2 2 8 t h S t . PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: September 10, 2018 TO: Public Works Committee SUBJECT: S. 228th St. UPRR Grade Separation – Consultant Services Agreement with HDR for Construction Support MOTION: Move to recommend Council authorize the Mayor to sign a consultant services agreement with HDR Engineering Inc. to provide construction support in 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. SUMMARY: HDR 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. BUDGET IMPACT: The cost of this contract was anticipated and is included in the project budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 1. 7 EXHIBIT HDR - 228th UP Grade Sep (PDF) 7 Packet Pg. 75 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 Eighteen Thousand, Twenty Dollars and fifty nine cents ($118,020.59), 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: 7.a Packet Pg. 76 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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. 7.a Packet Pg. 77 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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 7.a Packet Pg. 78 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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. / / / / / / / / / / 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 7.a Packet Pg. 79 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) 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 7.a Packet Pg. 80 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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: _________________________________________ 7.a Packet Pg. 81 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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. 7.a Packet Pg. 82 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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: _________________________________________ 7.a Packet Pg. 83 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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. 7.a Packet Pg. 84 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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 7.a Packet Pg. 85 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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 7.a Packet Pg. 86 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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. 7.a Packet Pg. 87 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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 7.a Packet Pg. 88 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – 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 $0.00 C:\Users\LANDREWS\Documents\Projects\Kent\Scope\To Client\Round 2\City of Kent_Grade Separation (DSDC)_ESTIMATE -revised (Walls and Shafts only).xlsm 7.a Packet Pg. 89 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – City of Kent: City of Kent - S 228th UPRR Grade Separation - DSDC From "Labor Budget" Tab From "Expenses" Tab Task # Task Description Billable Labor Billable Expenses Total From Spreadsheet Total For Proposal 1.1 Phase 4 Construction Design Support 28,261.12$ 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 7.a Packet Pg. 90 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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. 7.a Packet Pg. 91 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r 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. 7.a Packet Pg. 92 At t a c h m e n t : 7 E X H I B I T H D R - 2 2 8 t h U P G r a d e S e p ( 1 3 7 8 : S . 2 2 8 t h S t . U P R R G r a d e S e p a r a t i o n – C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h H D R f o r PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: September 10, 2018 TO: Public Works Committee SUBJECT: Recreation and Conservation Office (RCO) Resolution for Downey Farmstead Project - Recommend MOTION: Adopt Resolution No.________ in support of the City’s application for grant funding assistance from the Salmon Recovery Funding Board (SRFB) for the Downey Farmstead project. SUMMARY: The Washington State Recreation and Conservation Office (RCO), which administers the SRFB grants for the state, requires that an authorization resolution be signed before a project agreement (contract) can be finalized. Resolution No.____ provides the required authorization to the RCO for future grant agreements. Under the provisions of the Salmon Recovery Act, state grant assistance administered by the RCO is requested to aid in financing the Downey Farmstead project. BUDGET IMPACT: None at the time of application. However, the Resolution allows the City to be eligible for future grants on this project. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 1. 8 EXHIBIT (PDF) 8 Packet Pg. 93 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. 8.a Packet Pg. 94 At t a c h m e n t : 8 E X H I B I T ( 1 3 7 9 : R e c r e a t i o n a n d C o n s e r v a t i o n O f f i c e ( R C O ) R e s o l u t i o n f o r D o w n e y F a r m s t e a d P r o j e c t - R e c o m m e n d ) 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. 8.a Packet Pg. 95 At t a c h m e n t : 8 E X H I B I T ( 1 3 7 9 : R e c r e a t i o n a n d C o n s e r v a t i o n O f f i c e ( R C O ) R e s o l u t i o n f o r D o w n e y F a r m s t e a d P r o j e c t - R e c o m m e n d ) 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. 8.a Packet Pg. 96 At t a c h m e n t : 8 E X H I B I T ( 1 3 7 9 : R e c r e a t i o n a n d C o n s e r v a t i o n O f f i c e ( R C O ) R e s o l u t i o n f o r D o w n e y F a r m s t e a d P r o j e c t - R e c o m m e n d ) 4 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office SECTION 7. – Revisions to Project Agreements. The City further understands that prior to its authorized representative/agent executing the 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 8.a Packet Pg. 97 At t a c h m e n t : 8 E X H I B I T ( 1 3 7 9 : R e c r e a t i o n a n d C o n s e r v a t i o n O f f i c e ( R C O ) R e s o l u t i o n f o r D o w n e y F a r m s t e a d P r o j e c t - R e c o m m e n d ) 5 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office responsible for supporting all non-cash matching share commitments to this project should they not materialize. 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. 8.a Packet Pg. 98 At t a c h m e n t : 8 E X H I B I T ( 1 3 7 9 : R e c r e a t i o n a n d C o n s e r v a t i o n O f f i c e ( R C O ) R e s o l u t i o n f o r D o w n e y F a r m s t e a d P r o j e c t - R e c o m m e n d ) 6 Downey Farmstead Restoration — Application/Authorization to Recreation & Conservation Office 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 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 8.a Packet Pg. 99 At t a c h m e n t : 8 E X H I B I T ( 1 3 7 9 : R e c r e a t i o n a n d C o n s e r v a t i o n O f f i c e ( R C O ) R e s o l u t i o n f o r D o w n e y F a r m s t e a d P r o j e c t - R e c o m m e n d ) 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 8.a Packet Pg. 100 At t a c h m e n t : 8 E X H I B I T ( 1 3 7 9 : R e c r e a t i o n a n d C o n s e r v a t i o n O f f i c e ( R C O ) R e s o l u t i o n f o r D o w n e y F a r m s t e a d P r o j e c t - R e c o m m e n d ) PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: September 10, 2018 TO: Public Works Committee SUBJECT: King County Cooperative Watershed Management (CWM) Grant for the Downey Farmstead Restoration Projec MOTION: Move to recommend Council 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. SUMMARY: The City of Kent proposes to construct nearly 2,000 LF 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. BUDGET IMPACT: 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. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government, Sustainable Services ATTACHMENTS: 1. 9 EXHIBIT Kent_CWM2018_GrantAgreement (PDF) 9 Packet Pg. 101 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”); 9.a Packet Pg. 102 At t a c h m e n t : 9 E X H I B I T K e n t _ C W M 2 0 1 8 _ G r a n t A g r e e m e n t ( 1 3 7 7 : K i n g C o u n t y C o o p e r a t i v e W a t e r s h e d M a n a g e m e n t ( C W M ) G r a n t f o r t h e 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 ex penses identified in the Budgets and according to the rules set forth in the Grant Policies and 9.a Packet Pg. 103 At t a c h m e n t : 9 E X H I B I T K e n t _ C W M 2 0 1 8 _ G r a n t A g r e e m e n t ( 1 3 7 7 : K i n g C o u n t y C o o p e r a t i v e W a t e r s h e d M a n a g e m e n t ( C W M ) G r a n t f o r t h e 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 9.a Packet Pg. 104 At t a c h m e n t : 9 E X H I B I T K e n t _ C W M 2 0 1 8 _ G r a n t A g r e e m e n t ( 1 3 7 7 : K i n g C o u n t y C o o p e r a t i v e W a t e r s h e d M a n a g e m e n t ( C W M ) G r a n t f o r t h e 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, 9.a Packet Pg. 105 At t a c h m e n t : 9 E X H I B I T K e n t _ C W M 2 0 1 8 _ G r a n t A g r e e m e n t ( 1 3 7 7 : K i n g C o u n t y C o o p e r a t i v e W a t e r s h e d M a n a g e m e n t ( C W M ) G r a n t f o r t h e 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 9.a Packet Pg. 106 At t a c h m e n t : 9 E X H I B I T K e n t _ C W M 2 0 1 8 _ G r a n t A g r e e m e n t ( 1 3 7 7 : K i n g C o u n t y C o o p e r a t i v e W a t e r s h e d M a n a g e m e n t ( C W M ) G r a n t f o r t h e 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 9.a Packet Pg. 107 At t a c h m e n t : 9 E X H I B I T K e n t _ C W M 2 0 1 8 _ G r a n t A g r e e m e n t ( 1 3 7 7 : K i n g C o u n t y C o o p e r a t i v e W a t e r s h e d M a n a g e m e n t ( C W M ) G r a n t f o r t h e PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: September 10, 2018 TO: Public Works Committee SUBJECT: Information Only/Downey Change Order SUMMARY: The latest phase of the Downey Farmstead Restoration project is currently under construction with clearing of the site and excavation of material paid for via grants. The contract for this work was awarded to Scarsella Brothers, Inc. in July. King County has approved another $780,000 in grant funds for the Downey Farmstead project with funding available as soon as the grant agreement is signed. Assuming the agreement is executed this month, staff is recommending a change order to the existing contract that would allow us to move more material from the Downey Farmstead site and advance the project further towards completion. The vast majority of the excavated material would be exported to the City owned Naden Avenue property in preparation for selling that site for future development. The City advertised the Downey Farmstead project for competitive bids and received favorable prices for the work. Based on these bid prices and continuing good weather, staff would like concurrence from the Committee on moving forward with a Change Order to have Scarsella Brothers complete additional excavation to haul the material to the Naden Avenue site; this also maximizes the marketability of the Naden site up to the $780,000 grant amount award. BUDGET IMPACT: Additional work would be completed using the $780,000 Cooperative Watershed Management Grant. 10 Packet Pg. 108 PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: September 10, 2018 TO: Public Works Committee SUBJECT: Information Only – Landsburg Mine Update SUMMARY: Landsburg Mine is an old coal mine located to the North and East of the city of Kent’s Clark Springs Watershed. The mine site was used for dumping hazardous materials during the 1960s and 1970s. For nearly 20 years, Kent has been urging the State Department of Ecology (Ecology) to require cleanup of the mine site to minimize the potential contaminant threat to the Clark Springs water supply. Last year Ecology finalized a Cleanup Action Plan (CAP) for the site which includes capping the site and monitoring to ensure contaminants are not leaving the site via groundwater. During routine groundwater monitoring in November 2017, 1,4-dioxane contamination was found at two groundwater compliance wells at the north portal of the Landsburg Mine. Sampling in February and May of 2018 confirmed 1,4- dioxane levels above acceptable levels in the same two wells and in a newly installed monitoring well at the north end of the mine site. On August 16, 2018, the Potential Liable Party (PLP) group sent a letter to Ecology entitled - Pre-Remedial Action 1,4-Dioxane Detection at the Landsburg Mine Site. It is attached. The letter outlines what the PLP group is doing in response to the 1,4- dioxane detections. Ecology accepted the pre-remedial action technical approach, but also asked for the PLP group to submit a plan and schedule for further groundwater investigations. This letter is also attached. Kent staff responded to Ecology regarding the PLP technical memorandum and Ecology’s response. We repeated our concerns about the site in general and response to the 1,4-dioxane. There have been no detections of chemicals at the south end of the mine, nearest Clark Springs, and we are monitoring the situation closely and conducting our own groundwater monitoring. 11 Packet Pg. 109 ATTACHMENTS: 1. 11 EXHIBIT 1 (PDF) 2. 11 EXHIBIT 2 (PDF) 3. 11 EXHIBIT 3 (PDF) 11 Packet Pg. 110 Golder Associates Inc. 18300 NE Union Hill Road, Suite 200 Redmond, Washington, USA 98052 T: +1 425 883-0777 +1 425 882-5498 Golder and the G logo are trademarks of Golder Associates Corporation golder.com 1.0 PURPOSE AND SCOPE This technical memorandum (memo) describes the recent detection of 1,4 -dioxane at low concentrations in three groundwater monitoring wells located at the northern end of the Landsburg Mine Site (Site). This memo presents the nature of the detection, establishes that the detection does not present a current risk to human health or the environment, and provides a plan to address the 1,4-dioxane detection that is acceptable to the Washington State Department of Ecology (Ecology), is consistent with the Final Cleanup Action Plan (Ecology 2017a) and ensures the long-term protection of human health and the environment. 2.0 BACKGROUND The history of the Site, summary of the remedial investigation (RI), feasibility study (FS) and additional environmental investigations completed at the Site, and the cleanup actions selected by Ecology are detailed in the Final Cleanup Action Plan (CAP) (Ecology 2017a). The remedial actions selected in the CAP include backfilling the trenches where wastes were disposed and capping the backfilled trenches with a low-permeability soil layer to minimize stormwater infiltration to the subsurface. A vegetated layer will be installed over the cap for improved evapotranspiration and erosion control. Surface grading and collection trenches to provide stormwa ter drainage away from the cap will be installed. Institutional controls including deed restrictions and groundwater use restrictions, fencing and warning signs, and periodic Site inspections and maintenance are also components of the Site remedial action s to ensure long-term protection of human health and the environment. The remedial actions also include installing the infrastructure for contingent groundwater treatment systems at both the north and south ends of the Site. The infrastructure was previously installed at the north end, and the south end will be installed under the CAP remedial actions schedule. The remedial action schedule was included as Exhibit C of the Consent Decree (CD) (Ecology 2017b). Currently, without the low permeability cap , rain water falls directly into the trenches, and stormwater along adjacent areas of the mine trench enters into the trenches by overland flow. During the rainy season, localized ponding of rainwater in portions of the trench occurs. A portion of the po nded water infiltrates through the soil/mine rock at the bottom of the trench and into the underlying groundwater within the former mine workings. The ponding is temporary and dries up during low rain periods of the year. The selected remedial actions wi ll minimize rainwater and stormwater from entering the trenches in the areas where waste disposal occurred, thus TECHNICAL MEMORANDUM DATE August 16, 2018 Project No. 923-1000-005.100 TO Mr. Jerome Cruz Washington State Department of Ecology CC Landsburg Mine Site PLP Group FROM Golder Associates Inc. EMAIL gzimmerman@golder.com PRE-REMEDIAL ACTION 1,4-DIOXANE DETECTION AT THE LANDSBURG MINE SITE 11.a Packet Pg. 111 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 2 preventing water from infiltrating through the soils and mine rock to the underlying former mine. By reducing the quantity of water entering the mine, the remedial actions will also reduce the total quantity of groundwater flowing through the former mine. Backfilling and capping the trench will also encapsulate the former waste disposal area preventing direct contact by humans and animals. A supporting document to the CAP is the Compliance Monitoring Plan (CMP) (Ecology 2017c), which describes the groundwater monitoring that will be conducted both during the remedial action and after completion of the remedial actions. The monitoring that will occur during the remedial actions is referred to under Model Toxics Control Act (MTCA) and in the CMP as “protection monitoring,” which is conducted to ensure that human health and the environment are adequately protected during construction and operatio n of the remedial actions. Additionally, “performance monitoring” will be conducted to confirm that cleanup standards and other performance standards are being met. The monitoring conducted following completion of the remedial action is referred to in the CMP and under MTCA as “confirmational monitoring,” which is conducted to ensure the long -term effectiveness of the remedy. The CMP establishes trigger levels and appropriate response actions in the event that detection thresholds are encountered during protection monitoring after the remedy required under the Consent Decree is implemented. The design, construction and activation of the contingent groundwater treatment system are required under the CAP and CMP if certain trigger levels are met. Protection monitoring will start at the time when backfilling of the trench starts, which is currently scheduled to start in the spring to summer of 2019. The confirmational monitoring will start at the completion of the remedial actions, which is currently sche duled to occur by the end of 2020. Remedial actions have not yet started at the Site. Consistent with the schedule in the CAP, a draft Engineering Design Report (EDR) was submitted to Ecology in April 2018 (Golder 2018a). The EDR contains the plans, designs, and procedures to ensure the remedial actions completed at the Site are conducted in a manner that is consistent with the CAP, accepted engineering practices, and the requirements of Washington Administrative Code (WAC) 173-340-400(4)(a). Ecology provided comments on the draft EDR, and these have been incorporated into the final EDR (Golder 2018d). Details of the cleanup action are provided in the EDR. 3.0 INTERIM GROUNDWATER MONITORING The current groundwater monitoring program is referred to as “in terim groundwater monitoring,” and has been conducted semiannually at the site since approximately 2003. The interim groundwater monitoring has been conducted to provide continued monitoring of the Site groundwater quality until the remedial actions and associated compliance monitoring as described in the CAP and CMP are started. The interim groundwater monitoring has included laboratory testing for a comprehensive list of analytes; including: petroleum compounds, volatile (VOC) and semi-volatile organic compounds (SVOC), pesticides, polychlorinated biphenyls (PCBs), and various metals. There were no detections of contaminants that are attributable to mine waste contaminants during any of the monitoring events from 2003 to November 2017. In response to comments received on the draft Cleanup Action Plan, Ecology added the compound 1,4-dioxane to the suite of analytes listed in the CMP that will be tested for during protection and confirmational monitoring at the Site. Although compliance monitoring will not commence until the selected remedy is implemented, the Landsburg PLP Group elected to add 1,4-dioxane to the list of test analytes included in the current interim groundwater monitoring. 1,4-Dioxane was the only new compound added to the CMP, and star ting in November 2017 was the only new compound added to the interim groundwater monitoring program. All other compounds 11.a Packet Pg. 112 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 3 included in the CMP have been tested for at the Site during the RI and during the interim groundwater monitoring conducted since 2003. 1,4-Dioxane is recognized for its use as a stabilizer in some solvents and for its use in many household consumer products such as laundry detergents, shampoos and cosmetics. The common use of 1,4-dioxane combined with its chemical property of high solubility and mobility in groundwater has resulted in low level detections of this compound in groundwater throughout the United States (EPA 2017). In recent years 1,4 - dioxane is routinely being added to groundwater testing programs at municipal water system s and at environmental cleanup sites. The November 2017 interim groundwater monitoring round included analysis for 1,4 -dioxane for the first time. All 10 of the Site groundwater monitoring wells and the north and south Portals were sampled and analyze d for: VOCs; (United States Environmental Protection Agency [EPA] Method 8260C), SVOCs including 1,4 -dioxane, (EPA Method 8270D), PCBs (EPA 8082A), pesticides (EPA 8081B), priority pollutant metals (EPA Method 6010C/200.8/7470A Series), and a petroleum hydrocarbon identification scan (NWTPH-HCID). Figure 1 shows the location of the Site groundwater monitoring wells. The analytical results for all test analytes during the November 2017 sampling event were consistent with results during the RI and with all the previous interim groundwater monitoring events conducted since 2003 except that 1,4-dioxane was detected in LMW -2 and LMW -4 at concentrations of 2.0 micrograms per liter (µg/L) and 2.3 µg/L, respectively. Since November 2017 was the first time 1,4 -dioxane was tested for at the Site, its detection in LMW -2 and LMW -4 does not necessarily indicate a change in groundwater conditions. The compound 1,4 - Dioxane was not detected in any of the other groundwater monitoring wells or in the either of the portal su rface water samples, including monitoring well LMW -10 and the north portal, which are located upgradient of LMW -2 and LMW -4. LMW -2 and LMW -4 were resampled in February 2018 to confirm the November 2017 1,4-dioxane detections. 1,4- Dioxane was detected during the resampling at 2.1 µg/L and 2.3 µg/L in LMW -2 and LMW -4, respectively, similar to the results detected in the November 2017 groundwater monitoring. The Landsburg PLP Group notified Ecology after the November 2017 results were received and validated and after the February 2018 resampling results were received and validated. 4.0 INSTALLATION OF NORTH SENTINEL WELLS In response to the detection of the 1,4-dioxane in LMW -2 and LMW -4, the Landsburg PLP Group decided to expedite the installation of the four additional groundwater monitoring wells referred to as “sentinel wells” in the CAP. Sentinel wells are groundwater monitoring wells that are located between the waste disposal area and the compliance wells located at the north and south ends of the Site. The wells are referred to as sentinel wells because they will be used as an early warning for impacted groundwater migration. Two of the sentinel wells are located north of where the waste disposal occurred and two will be located south of the former waste disposal area. Figure 1 and the cross-section Figure 2 show the locations of the existing monitoring wells and the new sentinel wells. In March 2018, a sentinel well installation work plan (Gold er 2018b) was submitted to Ecology describing the details for installation of the four additional sentinel wells. Ecology approved the work plan, and the two north sentinel wells were installed during March through May 2018. The northern sentinel wells w ere installed first to provide data to help evaluate the potential source of the 1,4-dioxane detected in LMW -2 and LMW -4. The process of identifying the potential source of compounds detected in the Site groundwater monitoring wells is 11.a Packet Pg. 113 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 4 referred to in the CAP as “an alternative source evaluation” (CAP, page 46). As shown on Figure 2, the new shallow north sentinel well (LMW -12) was screened within the former mine workings from a depth of 15.5 to 25.5 feet below ground surface (ft. bgs). The new deeper north sentinel well (LMW -13R) was screened within the former mine workings at a depth of 115 to 140 ft. bgs. Existing north sentinel well LMW -10 is screened near the bottom of the coal seam at a depth of 267 to 287 ft. bgs. The attached Table 1 summarizes t he groundwater monitoring well construction details. LMW -10, LMW -12, and LMW -13R are located upgradient of northern compliance wells LMW -2 and LMW -4 and downgradient of the former waste disposal area, as shown on Figure 2. If the 1,4-dioxane detected in LMW -2 and LMW -4 is a mine waste contaminant it would also be expected to be detected in LMW -12 and LMW -13R. The two new north sentinel wells (LMW -12 and LMW -13R) were included in the May 2018 interim groundwater monitoring event. Full results from this m onitoring event have been provided to Ecology in a groundwater monitoring report (Golder 2018c). During the May 2018 interim groundwater monitoring, 1,4 -dixoane was detected in the new shallow north sentinel well LMW -12 at a concentration of 1.5 µg/L, but was not detected in the new deeper north end sentinel well LMW -13R. The compound was also not detected in the existing deep north sentinel well LMW -10, or in any of the other Site groundwater monitoring wells except LMW -2 and LMW -4. During the May 2018 interim groundwater monitoring, 1,4-dioxane was detected in LMW -2 and LMW -4 at 1.8 and 1.5 µg/L; respectively, which is less than the concentrations that were detected in these wells in the initial sampling in November 2017 and lower than concentrations de tected in the February 2018 resampling. Although these are only three distinct events over a six -month period of time, the data indicate the 1,4-dioxane concentrations are not increasing and may actually be decreasing. Table 2 presents a summary of the 1 ,4- dioxane detections since the start of sampling for the compound in November 2017. The detection of 1,4-dioxane in the new shallow north sentinel well LMW -12 indicates that the 1,4-dioxane could be coming from the former waste disposal area and could be a mine waste contaminant. However, the absence of detecting 1,4-dioxane in the new deeper north sentinel well LMW -13R is inconsistent with this determination. Only one round of sampling has been conducted of the new sentinel wells and additional evaluati on of the detection of this new test compound is required under the alternative source evaluation. The Landsburg PLP Group continues to address the 1,4-dioxane detection pursuant to the CAP, CMP and per Ecology direction to ensure safety to human health and the environment. The remainder of this report provides evaluation of potential risks and proposed actions under the conceptual premise that the low-level concentrations of 1,4-dioxane detected in the north end sentinel well LMW -12 and the north end com pliance wells LMW -2 and LMW -4 could be a potential mine waste contaminant. 5.0 CHARACTERISTICS OF 1,4-DIOXANE 1,4-Dioxane was used as a stabilizer in chlorinated solvents (particularly 1,1,1 -trichloroethane [TCA]) starting in the 1970s until its use as a stabilizer was phased out in 1995. 1,4-Dioxane is also present as a by-product (meaning it is not added during production of a product, but instead results from various reactions during the production of the product) of various surfactants, resins, PET plastics, chemical food additives, and other compounds that are used in common commercial and household products. Some common household products like laundry detergents, shampoos, and dish soaps have measured concentrations of 1,4 -dioxane exceeding 10,000 micrograms per kilogram (µg/kg) (Mohr 2017). The state of New Hampshire detected 1,4-dioxane in car wash soap at a concentration of 760,000 µg/kg. 1,4-Dioxane is released to the environment at sites where TCA or other commercial products containing 1,4-dioxane were released. 1,4-Dioxane is also released to the environment where consumer products like detergents, soaps and shampoos that contain 1,4 -dioxane infiltrate to 11.a Packet Pg. 114 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 5 the soil and potentially to the underlying groundwater through private home owner’s septic system drainage fields (Massachusetts 2018). Because public waste water treatment systems are often unable to remove 1,4 -dioxane from the treated effluent, discharges of 1,4-dioxane to surface water from public waste water treatment plants commonly occurs (Mohr 2017). The wide-spread use 1,4-dioxane as a stabilizer in TCA and in various consumer and commercial products combined with the release of these products to the environment has resulted in 1,4 - dioxane being found in groundwater at sites throughout the United States (EPA 2017). 1,4-Dioxane is a synthetic chemical that is completely miscible in water (i.e. it mixes easily with water). Unlike many organic compounds, 1,4-dioxane does not readily absorb to carbon that is present in most soils. The hi gh solubility and weak retardation of the compound in soil results in migration of 1,4 -dioxane from soil to groundwater. It is relatively resistant to biodegradation in groundwater compared to chlorinated solvents. Its resistance to degradation and high mobility in groundwater often result in 1,4-dioxane migrating in groundwater greater distances from the source area than most other organic compounds. Based on laboratory studies on animals, the US Department of Health and Human Services (HHS), considers 1 ,4- dioxane as reasonably anticipated to be a human carcinogen. HHS indicates in the April 2012 Agency for Toxic Substances and Disease Registry (ASTDR), that the effects of 1,4-dioxane on human health depends on the how much 1,4-dioxane a person is exposed to and the length of exposure (ASTDR 2012). The ASTDR document indicates that the EPA has determined that exposure to 400 µg/L of 1,4-dioxane in drinking water for 10 days is not expected to cause any adverse effect in a child. The National Academy of Science (NAS) and the US Food and Drug Administration have established a maximum concentration of 10,000 micrograms per kilogram (µg/kg) in food additives, products used in dietary supplements, and cosmetics (ASTDR 2012). There are currently no drinking water levels established by EPA or in Washington State for 1,4-dioxane. The World Health Organization suggests a 50 µg/L drinking water threshold for 1,4 -dioxane, whereas the EPA National Center for Environmental Assessment proposed a health -based advisory level of 3 µg/L in tap water (Water Research Foundation, 2014). Under MTCA, Ecology has set a groundwater cleanup level for 1,4 -dioxane of 0.435 µg/L. Seventeen other states have established drinking water and groundwater guidelines with acceptable groundwater concentrations ranging from 77 µg/L to 0.25 µg/L. Twelve states have standards that are higher than 3 µg/L for 1,4-dioxane, and six states (including Washington) have cleanup levels for 1,4-dioxane that are lower than 3 µg/L. 1,4-Dioxane breaks down in the atmosphere due to photo-oxidation (EPA 2017). 1,4-Dioxane has low aquatic toxicity as it does not bioaccumulate, biomagnify, or bioconcentrate in the food chain (ATSDR 2012; Mohr 2001). There are no surface water cleanup levels established for 1 ,4-dioxane in Washington state. At the PSC Georgetown Facility in Seattle, Washington, Ecology established a protection of surface water criteria for 1,4 - dioxane, based on human consumption of fish, of 78.5 µg/L (Ecology 2010). The lowest No Observable E ffects Concentration (NOEL) for aquatic organisms listed in the EPA EcoTox Database for 1,4 -dioxane is 100,000 µg/L (EPA 2018). A MTCA Method B surface water value, calculated using a bioconcentration factor of 0.5 liters per kilogram (Oak Ridge National Laboratory’s Risk Assessment Information System [RAIS 2018]) and the oral cancer potency factor listed in Cleanup Levels and Risk Calculation (CLARC) of 0.1 kg -day/mg, results in a MTCA Method B surface water value of 130 µg/L. 11.a Packet Pg. 115 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 6 6.0 NATURE AND EXTENT OF 1,4-DIOXANE AT THE SITE 6.1 Extent of 1,4-Dioxane at the Site This section evaluates the current understanding of the horizontal and vertical extent of 1,4 -dioxane. As described in Section 3 of this memo, low concentrations of 1,4-dioxane were detected in groundwater monitoring wells LMW -2, LMW-4 and LMW -12, all located at the northern end of the Landsburg Site. The northern portal (Portal #2), LMW -10 and LMW-13R are also located at the north end of the Site, but 1,4-dioxane was not detected in any of these locations. All other Site groundwater wells and water from the south mine portals have also been tested for 1,4-dioxane, and 1,4-dioxane was not detected in any of the other samples. All of the northern wells – LMW -2, LMW -4, LMW -10, LMW -12, and LMW -13R – are screened across various depth intervals within the former Roger’s mine seam workings. Monitoring well construction details are listed in Table 1, and well locations and depths are depicted in Figure 2. LMW -2 and LMW-12 are screened at shallow depths, LMW -13R and LMW -4 are screened at deeper depths within the mine workings, and LMW -10 is screened near the bottom of the former mine workings. The concentrations of 1,4 -dioxane detected in LMW -2 and LMW -4 are similar, indicating that near the northern end of the Site the vertical distribution of 1,4-dioxane extends from the top of the water table (located approximately 5 ft. bgs) to at least 210 ft. bgs. 1,4 -Dioxane is not detected in LMW -10, whose screen interval starts at a depth of 267 ft. bgs. This would indicate that the vertical extent of 1,4- dioxane reaches non-detectable concentrations (laboratory detection limit of 0.2 µg/L) at a depth shallower than 267 ft. bgs. Groundwater beneath the waste disposal area within the former Roger’s mine seam flows to the north. The new sentinel wells LMW -12 and LMW -13R are located hydrologically downgradient of the former waste disposal area and upgradient of the compliance wells LMW -2 and LMW -4. If the source of the 1,4-dioxane detected in LMW -2 and LMW -4 is the former waste disposal area, one would expect to see higher concentrations of 1,4 -dioxane in wells LMW -12 and LMW -13R. 1,4-Dioxane was not detected in LMW -13R during the May 2018 interim groundwater monitoring event and was detected at lower concentrations in LMW -12 than detected in LMW -2 and LMW -4. The absence of 1,4-dioxane in LMW -13R, which is screened at a depth shallower than LMW -4, is also inconsistent with the vertical extent of 1,4-dioxane detected at LMW -2 and LMW -4. Additional groundwater monitoring data collected from the Site monitoring wells will provide further evaluation of 1,4 -dioxane concentration trends and potential source areas. In the northern portion of the Site where 1,4-dioxane was detected, the lateral extent of the 1,4-dioxane is limited to the width of the former Rogers seam. The coal seam itself is approximately 10 to 12 feet wide, but the collapsed width of the Rogers mine is about 15 feet. The geology and hydrogeology of the Site are described within the CAP (Ecology 2017). On the northern end of the Site the coal seam and associated mine workings are oriented nearly vertically. Low permeability sandstone and shale of the Puget Group bedrock are located on the east and west sides of the Rogers coal seam and mine workings. Th e mined/backfilled Rogers seam is a highly conductive zone for groundwater flow. The fine-grained, vertically bedded Puget Group bedrock strata located to either side of the seam are several orders of magnitude less permeable than the mined out seam. Gro undwater flow within the mine flows horizontally to the north to northeast, along the strike through the highly permeable Rogers seam. North of the Site, groundwater from the Rogers seam discharges to the Cedar River through the glacial sands and gravels that overlie the coal seam and underlie the Cedar River. There are currently no groundwater wells located between the north end of the Site and the Cedar River. The Cedar River is located approximately 600 11.a Packet Pg. 116 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 7 feet north of LMW -2 and LMW-4. Figures 2 and 3 conceptually depict the coal seams, the low permeability Puget Group sandstone and siltstones located on either side of the coal seams, and the recessional outwash sands and gravel deposits beneath the Cedar River. 6.2 Evaluation of Current Potential Exposure Pathways The concentrations of 1,4-dioxane detected in groundwater samples collected from LMW -2, LMW -4 and LMW -12 range from 1.5 to 2.3 µg/L. These concentrations exceed the Washington State MTCA Method B groundwater cleanup level of 0.438 µg/L, but are lower than concentrations considered acceptable for drinking water in most of the other states that have promulgated 1,4-dioxane groundwater cleanup or guidance levels (EPA 2017) (see Section 5, above). The concentrations of 1,4-dioxane detected in the three Site wells are significantly less than estimated surface water values that are protective of human health from consumption of organisms (130 µg/L calculated MTCA Method B cleanup level) and significantly lower than concentrations for the protection of aquatic Ecological receptors (100,000 µg/L, EPA 2018). Therefore, the potential exposure pathway to be considered is consumption of groundwater. There are no drinking water wells located on the Site, and the environmental covenants required under the CAP will prevent groundwater use from the Site for any non -remedial purpose. There are also no groundwater wells located downgradient of the Site between the LMW -2 and LMW -4 and the Cedar River. The nearest private well is located approximately 1300 feet west of the Rogers coal seam (Figures 1 and 3), and is not along the downgradient groundwater flow path between the Rogers seam and the Cedar River. The combination of these factors - prevention of drinking water wells on Site and distance/cross-gradient location of nearest private wells - indicates that the low-level detection of 1,4-dioxane in LMW -2, LMW -4 and LMW -12 does not present a current risk to human health or the environment. The following section presents proposed actions to ensure the long-term protection of human health and the environment. 7.0 PLAN TO ADDRESS 1,4-DIOXANE DETECTION The following actions are proposed to address the recent 1,4 -dioxane detection:  Continue the alternative source evaluation as prescribed in the CAP. The closest privat e wells located northwest of the Site will be sampled as a precaution. Although the geology and hydrogeology of the Site and surrounding area indicate that groundwater from the Rogers mine discharges to the Cedar River and that groundwater would not flow towards the private wells located northwest of the Site, the Landsburg PLP Group will request access from the nearest private well owners to sample their wells. If access is provided, the wells will be sampled and analyzed for 1,4-dioxane. As indicated in this tech memo, 1,4-dioxane is present in many consumer products and has been found to enter groundwater through private septic system drain fields. The detection of 1,4-dioxane in any private well sample would not automatically indicate the groundwater from the Rogers seam is the source, but would indicate that additional evaluation of the potential source is required. The additional evaluation could include installation of groundwater monitoring wells north of the LMW -2 and LMW -4 to provide empirical data on the lateral extent of 1,4-dioxane in the groundwater downgradient of the Site.  Complete the remedial actions as described in the CAP. If the 1,4-dioxane is a mine waste contaminant, backfilling and capping of the mine trench area where wastes were disposed will reduce the infiltration of rainwater and stormwater runoff currently entering the trench and subsequently reduce the flux of any 1,4 - dioxane in soils to the groundwater within the mine workings. The capping will also reduce the total quant ity of water that flows along the mine workings and ultimately discharges to the Cedar River. 11.a Packet Pg. 117 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 8  Increase the interim groundwater monitoring frequency of the groundwater monitoring wells located at the north end of the Site to quarterly. Sampling for 1,4-dioxane at the Site first occurred with the November 2017 interim semi-annual groundwater monitoring event. Although the concentrations detected in May 2018 were lower than detected in November 2017, it is not possible to evaluate the long -term concentration trends or seasonal trends with the limited amount of data currently available. The increased monitoring frequency will provide additional data to evaluate 1,4-dioxane concentration trends. Semi-annual interim groundwater monitoring will continue on all other Site groundwater monitoring wells, until compliance monitoring as described in the CMP starts.  Expedite the installation of the south sentinel wells. The north sentinel wells have already been installed. The two southern sentinel wells required under the CAP will be installed during fall 2018. These wells will provide data on the groundwater quality and provide further clarification of the groundwater gradients.  Install the south contingent treatment system infrastructure in 2019 versus 2020 as init ially provided in the draft EDR schedule. 8.0 SUMMARY 1,4-Dioxane was not tested for at the Landsburg Mine Site prior to finalization of the CD and CAP. The detection of 1,4-dioxane during the recent interim groundwater monitoring events in three groundwater monitoring wells located at the northern end of the Site is new data that was not available at the time the CD and CAP were prepared. Evaluation of the 1,4-dioxane detections indicates that the low-level detections do not present a risk to human health or the environment. Although the closest private we lls northwest of the site are not located along the downgradient groundwater flow path from the Site, testing of these wells is proposed to ensure protection and evaluate potential alternative sources. Groundwater monitoring frequency of the northern Site groundwater monitoring wells has been increased to quarterly to provide additional concentration trend data and to monitor for other potential highly mobile volatile organic compounds. Implementation of the remedial actions required under the CD and CAP are proceeding. The backfilling, capping and stormwater diversion remedial actions are designed to reduce infiltration of water through the former waste disposal area and potential flux of contaminants to the groundwater within the former mine workings. If the 1,4-dioxane is a mine waste contaminant, these remedial actions will serve to attenuate the concentrations currently detected in the northern portion of the Site and will reduce the overall of volume of groundwater discharging through the former min e workings. 11.a Packet Pg. 118 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 9 GOLDER ASSOCIATES INC. Gary L. Zimmerman Principal GLZ/DJM/sb Attachments: Tables Figures v:\projects\_1992 projects\923-1000\1,4-dioxane detect\1,4-dioxane-action letter\final\9231000-005-tm-rev0-1,4-dioxane-final-081618.docx 11.a Packet Pg. 119 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Mr. Jerome Cruz Project No. 923-1000-005.100 Washington State Department of Ecology August 16, 2018 10 9.0 REFERENCES Agency for Toxic Substances and Disease Registry (ATSDR). 2012. “Toxicol ogical Profile for 1,4-Dioxane.” www.atsdr.cdc.gov/toxprofiles/TP.asp?id=955&tid=199. April. Golder Associates Inc. (Golder). 2018a. Draft Report. Engineering Design Report Landsburg Mine Site. Prepared for the Washington State Department of Ecology. Redm ond, Washington April 27. Golder 2018b. Draft Report. Sentinel Well Installation Work Plan. Prepared for the Washington State Department of Ecology. Redmond, Washington March 5. Golder 2018c. Landsburg Mine Site Interim Groundwater Monitoring Results – May 2018. Prepared for the Landsburg PLP Steering Committee. Redmond, Washington. August 14. Mohr, T.K.G. 2001. “1,4-Dioxane and Other Solvent Stabilizers White Paper.” Santa Clara Valley Water District of California. San Jose, California. June 14. Mohr, T.K.G., Santa Clara Valley Water District. 2017. Presentation to the Groundwater Resources Association of California. Sacramento, California. October 3. Oak Ridge National Laboratory’s Risk Assessment Information System (RAIS). 2018. Toxicity Values Database. https://rais.ornl.gov/cgi-bin/tools/TOX_search?select=chem . U.S. Environmental Protection Agency (EPA). 2017. Technical Fact Sheet – 1,4-Dioxane November 2017. EPA 505-F-17-011. Washington DC. EPA 2018. ECOTOX Database: Aquatic Report for 1,4-Dioxane. January 31. Washington State Department of Ecology (Ecology) 2010. Final Cleanup Action Plan, PSC Georgetown Facility, Seattle, Washington. Prepared for Burlington Environmental, LLC. April 28. Ecology. 2017a. Exhibit B of the Consent Decree - Final Cleanup Action Plan Landsburg Mine Site MTCA Remediation Project, Ravensdale, Washington. Prepared by Golder Associates Inc. June 7. Ecology 2017b. Consent Decree, Landsburg Mine Site MTCA Remediation Project, Ravensdale, Washington. Filed in King County Superior Court. November 6. Ecology 2017c. Exhibit D of the Consent Decree – Compliance Monitoring Plan Landsburg Mine Site MTCA Remediation Project, Ravensdale, Washington. Prepared by Golder Associates Inc. June 7. Water Research Foundation. 2014. 1,4-Dioxane White Paper. 11.a Packet Pg. 120 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Tables 11.a Packet Pg. 121 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) August 2018 923-1000.005.100 Table 1: Landsburg Mine Site Groundwater Monitoring Wells Construction Summary Northing Easting LMW-1 138279.4 1354991.4 1/23/1994 765.16 180 8 4 Stainless/PVC 162 177 0.02 158 In area of gangway that connects mine fault off-set LMW-1A 138322.87 1354997.2 2/7/1994 759.51 220 8 2 PVC 129 149 0.02 n/a Only for water levels LMW-2 139076.87 1355972.6 2/11/1994 617.73 46 8 4 Stainless/PVC 28 38 0.02 25 Shallow north compliance LMW-3 135192.23 1353220.4 11/22/2004 656.75 76 8 4 Stainless/PVC 50 65 0.02 47 Shallow south compliance LMW-4 139122.48 1355864.9 2/19/1994 619.26 233 8 4 Stainless/PVC 195 210 0.02 210 Deep north compliance LMW-5 135206.05 1353141.3 12/8/2004 658.27 247 8 4 Stainless/PVC 232 242 0.02 232 Deep south compliance LMW-6 138772.683 1714004.8 1/13/1994 632.33 106 8 4 Stainless/PVC 91 106 0.02 83 Frasier Coal Seam LMW-7 138055.1 1355483.6 1/10/1994 771.51 254 8 4 Stainless/PVC 240 254 0.02 n/a Landsburg Coal Seam LMW-8 135074.898 1353229.4 4/7/2004 646.97 15 9 2 PVC 7.5 13 0.02 6 Representative of Portal #3 discharge LMW-9 135727.33 1353324 4/14/2004 743.99 160 9 2 PVC 149 159 0.02 144 Southern Sentinel Well mid-depth LMW-10 139054.3 1355787.9 5/11/2004 618.87 450 9 4 PVC 267 287 0.02 258 Deep, near bottom of mine, northern end LMW-11 TBD TBD 8/24/2005 801.87 707 9 4 Stainless/PVC 697 707 0.02 688 Deep, near bottom of mine, south end P-2 135117.598 1353212.7 4/16/2004 651.37 70 9 2 PVC 39 44 0.02 *n/a Temporary piezo into Portal #3 LMW-12 TBD TBD 3/14/2018 TBD 30 8 4 PVC 15.5 25.5 0.02 11 North Portal shallow Sentinel Well LMW-13R TBD TBD 5/15/2018 TBD 151 8 4 PVC 115 140 0.02 110 North Portal deep Sentinel Well Note * No filter pack was installed in P-2 due to the open mine shaft at 39 feet to 44 feet. The casing was removed, and the native material collapsed around the well to 15 feet below ground surface. TBD = to be determined. Well coordinates and measuring point elevations will be determined by a professional surveyor. CommentsCoordinates Well Casing Diameter (inches) Well Materials Depth to Top of Screen (ft) Depth to Bottom of Screen (ft) Screen Slot Size (inches) Depth to Top of Filter Pack (ft) Well ID Installation Date Measuring Point Elevation (ft) Borehole Depth (ft) Borehole Diameter (inches) 1 11.a Packet Pg. 122 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) August 2018 923-1000-005.100 Table 2: Groundwater 1,4-dioxane detections since November 2017 LMW-12 5/23/2018 1,4-Dioxane 0.438 ug/L 2.0 2.1 1.8 1.5 1.5 0.2 U Notes: U - The analyte was not detected above the method detection limit of 0.2 ug/L . µg/L = micrograms per liter May-2018 Sampling Results Analyses performed by EPA Method 8270 Groundwater samples from all other Site groundwater monitoring wells were analyzed for 1,4-Dioxane during the November and May interim groundwater monitoring events 1,4-Dioxane was not detected in any of the other Site groundwater monitoring wells or in samples collected from the north and south portals. ANALYTE MTCA Level B UNITS LMW-2 LMW-2 LMW-4 LMW-4 LMW-13RLMW-2 LMW-4 5/23/2018 2.3 2.3 11/30/2017 2/9/2018 5/24/2018 11/30/2017 2/9/2018 5/24/2018 1 11.a Packet Pg. 123 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) August 2018 923-1000-005.100 Table 3: Summary of Private Wells Located Along Cross-Section B - B' on Figure 3. Well ID Well Owner/Tenant(s)Water Supply Source For (# of)Well Specifications Well Log (Figures 1 and 3)at the time of RI Address Homes People (approx.)Date Installed Depth (ft)Depth to Water (ft BGS)Available Comments A Unknown 26022 SE 252nd ST 1 Jun-82 160 148 Yes Ravensdale, WA 98031 B William J. Doyle 26108 SE 252nd St 1 2 Jun-82 169 152 Yes Ravensdale, WA 98051 C Kevin Satre 26202 SE 252nd St 1 4 Aug-90 138 104 Yes Ravensdale, WA 98031 D Paul Drillevich 26318 SE Summit Landsburg Rd 1 2 Aug-77 44 30 Yes Ravensdale, WA 98031 E Chris Morris 17224 SE 265th St 1 1 Oct-80 38 20 Yes Ravensdale, WA 98031 F Well 429641 Tenants 25005 - 265th AV SE 4 11 Aug-87 51 25 Yes Elev - 617.08 (PW-3)*Ravensdale, WA 98031 N-140,049.071 : E-1,713,890.354 G LS Kombol Trust 26600 Summit Landsburg Road 0 0 Jun-16 172 143 Yes Ravensdale, WA 98051 H Landsburg Estates 25041 - 267th AV SE 8 18 Apr-78 167 127 Yes Elev - 618.53 (PW-4)*Greg Putnam Ravensdale, WA 98031 N-139,946.902 : E-1,714,848.720 Notes: NA - Unable to obtain information * - These wells were included in the groundwater sampling program conducted during the remedial investigation. Northings and Eastings are listed in the comments section for sampled private wells. The locations reference Washington state plane coordinates. 1 11.a Packet Pg. 124 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Figures 11.a Packet Pg. 125 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) CLIENT CONSULTANT PREPARED DESIGN PROJECT APPROVED TITLE REVIEW YYYY-MM-DD PROJECT No.FIGUREPHASE G: \ P a l m e r C o k i n g C o a l C o \ L a n d s b u r g M i n e W A \ 9 9 _ P R O J E C T S \ 9 2 3 1 0 0 0 0 0 5 _ R e m e d i a l A c t i o n \ 1 0 0 0 _ R e m e d i a l A c t i o n D e s i g n \ 0 2 _ P R O D U C T I O N \ I N D D \ 9 2 3 1 0 0 0 _ 0 0 5 _ 1 0 0 0 _ 0 0 2 . i n d d LANDSBURG MONITORING WELLS (LMW-_) PORTAL LOCATIONS CROSS-SECTION ALONG STRIKE OF ROGERS COAL SEAM (SEE FIGURE 1-3) PRIVATE WELL APPROXIMATE LOCATION ALONG B-B’ CROSS-SECTION SEE TABLE 3 ROGERS COAL SEAM APPROXIMATE LOCATION OF COAL SEAM ALONG CROSS-SECTION B-B’ EXPLANATION SCALE IN FEET 20000 S .E . S u m m it-Landsburg Road K e n t -K a n g l e y R o a d (S t a t e R o u t e 5 16) Rock Creek LMW-6 LMW-4 LMW-2 LMW-1 LMW-3 LMW-5 A' A B B' LMW-7 BASE MAP FROM USGS 7.5' TOPOGRAPHIC QUADRANGLES "CUMBERLAND" AND "HOBART". LMW-11 LMW-9 LMW-8 Portal 3 A-A’ A B C D E F G FRAZIER COAL SEAM ROGERS COAL SEAM H LANDSBURG COAL SEAMS LM W - 1 0 Portal 2 LMW-12 LMW-13 A Ce d a r R i v e r Cedar R i v e r REDMOND 2018-08-03 SITE FEATURES AND MAP VIEW FOR LANDSBURG CROSS-SECTION LANDSBURG MINE SITE PLP GROUP LANDSBURG MINE SITE 1000 1923-1000.005 11.a Packet Pg. 126 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) CLIENT CONSULTANT PREPARED DESIGN PROJECT APPROVED TITLE REVIEW YYYY-MM-DD PROJECT No.FIGUREPHASE G: \ P a l m e r C o k i n g C o a l C o \ L a n d s b u r g M i n e W A \ 9 9 _ P R O J E C T S \ 9 2 3 1 0 0 0 0 0 5 _ R e m e d i a l A c t i o n \ 1 0 0 0 _ R e m e d i a l A c t i o n D e s i g n \ 0 2 _ P R O D U C T I O N \ I N D D \ 9 2 3 1 0 0 0 _ 0 0 5 _ 1 0 0 0 _ 0 0 2 . i n d d Anticipated collapsed zone within mine Qu Drift, till, fluvial sandand gravel, lacustrine sand,silt, clay and peat Qvr Recessional outwash,well sorted sand andpebble-cobble Qva Advanced outwashpebble-cobble gravel mayinclude very fine sand Monitoring Interval 618.67 ft 0 500 FEET LM W - 4 LM W - 2 LM W - 3 LM W - 5 EXPLANATION 1000 – 900 – 800 – 700 – 600 – 500 – 400 – 300 – 200 – 100 – Sea level 0– El e v a t i o n ( f e e t m s l ) LM W - 1 Ro c k C r e e k Qvt Qvr Qu Qva RI / F S S T U D Y A R E A B O U N D A R Y Ce d a r R i v e r ANE A'SE 607.85 ft 607.75 ft 641.86 ft 642.16 ft Outline of trench bottom Water Level (ft. amsl) 2/23/94 Qvt Till, compact mixture of gravel occasional boulders in clayey silty sand matrix Sandstone Surface water feature ?? ? Potentiometric surface NOTE: Vertical to horizontal scale ratio is 2.5:1 Wells are project normal into the strike of the Cross-Section A-A' Assuming groundwater discharge at the north and south end of mine. 615.67 ft Groundwater Flow Direction LM W - 9 Sources for the Geology and Mine Information: J.E. Luzier 1969; surficial geology State of Washington, Water Well reports Mine Superintendant's Records Landsburg Well Logs ? ? ? LM W - 3 LM W - 5 Ro c k C r e e k Qvt Qvr DU Waste Disposal Area Fault offset coal seam approximately75 feet LM W - 8 Mine Gangways LM W - 1 1 South ShallowSentinel Well (LMW-15)Dual South Sentinel/Cap Effectiveness Well (LMW-14) LM W - 1 0 Shallow North Sentinel Well (LMW-12) Deep North Sentinel Well (LMW-13R) Depiction of Faults or Fractures REDMOND 2018-08-03 CROSS-SECTION ALONG STRIKE AT COAL SEAM CROSS-SECTION A-A’ LANDSBURG MINE SITE PLP GROUP LANDSBURG MINE SITE 1000 2923-1000.005 11.a Packet Pg. 127 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) CLIENT CONSULTANT PREPARED DESIGN PROJECT APPROVED TITLE REVIEW YYYY-MM-DD PROJECT No.FIGUREPHASE C: \ U s e r s \ j d o z i e r \ D e s k t o p \ C U R R E N T P R O J E C T S \ F i g u r e 9 2 3 1 0 0 0 _ 0 0 5 _ 1 0 0 0 _ 0 0 3 \ W o r k i n g F i l e \ 9 2 3 1 0 0 0 _ 0 0 5 _ 1 0 0 0 _ 0 0 3 . i n d d EL E V A T I O N ( F T ) EL E V A T I O N ( F T ) B' HORIZONTAL DISTANCE (FT) B 420 400 440 460 480 500 520 540 560 580 600 620 640 660 680 400 420 440 460 480 500 520 540 560 580 600 620 640 660 680 10+00 12+00 14+00 16+00 18+00 20+00 22+00 24+00 26+00 28+00 30+00 32+00 34+00 36+00 38+00 40+00 42+00 44+00 46+00 48+00 50+00 52+00 54+00 56+00 58+00 C D E F G H BA 0 FEET 200 400 1'' = 200'HORIZONTAL SCALE: 0 FEET 20 40 1'' = 20'VERTICAL SCALE: A FRAZIER COAL SEAM EL: 541.1 FT ROGERS COAL SEAM EL: 543.8 FT QuQuQu Qvt Qvt Qvt QvrQvr Qvr Qu 138’ 176’ ? ??? 44’ 38’ 51’ 167’ Qvt Qvr Qu Qvt Qvr Qvt Qvt Qvt Tp Tp Tp Tp LANDSBURG COAL SEAMS 160’ 169’ EXPLANATION Tp (UNDIFFERENTIATED PUGET GROUP) - SANDSTONE INTERBEDDED SHALE AND COAL Qu (PRE-VASHON DRIFT) - TILL, FLUVIAL SAND AND GRAVEL, LACUSTRINE SAND, SILT, CLAY, AND PEAT Qvt (TILL) - COMPACT MIXTURE OF GRAVEL, OCCASIONAL BOULDERS IN CLAYEY SILTY SAND MATRIX Qvr (RECESSIONAL OUTWASH) - WELL SORTED SAND AND PEBBLE-COBBLE PRIVATE WELL LOCATION AND DEPTH FROM DRILLERS BOREHOLE LOGS Qvr ??? REDMOND 2018-08-03 CROSS-SECTION B-B` LANDSBURG MINE SITE PLP GROUP LANDSBURG MINE SITE 1000 3923-1000.005 11.a Packet Pg. 128 At t a c h m e n t : 1 1 E X H I B I T 1 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) 11.b Packet Pg. 129 At t a c h m e n t : 1 1 E X H I B I T 2 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) 11.b Packet Pg. 130 At t a c h m e n t : 1 1 E X H I B I T 2 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) Hello Jerome, Thanks for keeping us in the loop by providing the PLP Group’s technical memorandum dated August 16, 2018, and Ecology response dated August 27, 2018. As you can expect, we are concerned about the Landsburg situation and the 1,4 Dioxane detections. I won’t repeat the City’s previously stated positions, but we are still concerned that the detections may be a precursor to releases of other chemicals located in the site. The 1,4 Dioxane detections validate the City’s concerns that there are hazardous materials in the site susceptible to transport out to area groundwater. We understand that Ecology and the PLP Group believe that releases from the site discharge through the North Portal. However, the 1,4 Dioxane detections indicate that the contents and mobility of the site contaminants are uncertain. We remain concerned about South Portal releases. Lastly, as indicated in Tim LaPorte’s letter to Ecology dated July 19, 2018, we are concerned about the actions to be taken in response to the 1, 4 Dioxane detections, and the timeline/plans for site activities in general. I appreciate you keeping us informed and sharing the draft work plan and schedule, when available, for the groundwater investigation to be prepared by the PLP Group for Ecology’s consideration. Again, we appreciate the sharing of information and we will continue to monitor the situation closely. Thanks, Shawn Shawn Gilbertson, Environmental Supervisor Environmental Engineering | Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5560 | Cell 253-561-4264 smgilbertson@kentwa.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL 11.c Packet Pg. 131 At t a c h m e n t : 1 1 E X H I B I T 3 ( 1 3 8 2 : I n f o r m a t i o n O n l y – L a n d s b u r g M i n e U p d a t e ) PUBLIC WORKS COMMITTEE Tim LaPorte, PE 220 Fourth Ave S Kent, WA 98032 253-856-5500 DATE: September 10, 2018 TO: Public Works Committee SUBJECT: Quiet Zone Update SUMMARY: Staff will give an update on the status of the Quiet Zone. • Notice of Intent (NOI) to petition the Federal Railroad Administration (FRA) for the establishment of a quiet zone on the BNSF railroad was mailed on Friday, August 24th. This starts the 60-day comment period. Following the end of the comment period comments will be reviewed and a petition to the FRA to establish the quiet zone will be prepared. • The Notices of Intent (NOI) to establish a quiet zone on the UPRR railroad is complete. Staff have requested a clarification from the FRA if WSDOT’s position of “does not take issue” with the quiet zone meets the federal code requirement for all road authorities of crossings to “agree to the establishment” of the quiet zone. If the state’s language meets the definition, the NOI will be mailed. • Crossing modification petitions for the Utilities and Transportation Commission (UTC) are nearly complete. Work is on hold until we receive comments from the NOIs, which may result in changes to the proposed crossing modifications. • WSDOT has provided the city with a first draft of the maintenance agreement that will include the railroad crossing modifications for the quiet zone, the Naden access at 74th Ave S, and the future roundabout at 4th and Willis, WSDOT wants the agreement executed before they will approve the modifications for the quiet zone. The draft is being reviewed. • Three grant applications were previously submitted to the UTC for funds to install fencing in support of the quiet zone proposals. Staff expect to receive information from the UTC before the end of September. 12 Packet Pg. 132