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HomeMy WebLinkAboutCAG2023-652 - Original - KC Wastewater Treatment Division - 76th Ave S Lightweight Fill Reimbursement - 12/26/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Karin Bayes for Mark Madfai Public Works Date Sent: Date Required: c 12/12/2023 12/19/2023 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website 12/12/2023 Budget Account Number: Grant? Yes No�✓ D90121 Budget?ElYes AA Type N/A Vendor Name: Category: King County Wastewater Treatment Division Contract Vendor Number: Sub-Category: Original 0 Project Name: 76th Avenue S OProject Details: The project will replace 5 culvert crossing with 3 bridges and raise the road over the C 100 year FEMA flood elevation. Light weight fill will be used as embankment material 40 to reduce the risk of settlement of the KCWTD sewer line under the roadway. IC Basis for Selection of Contractor: � Agreement Amount: $1,500,000 Bid *Memo to Mayor must be attached .1111 Start Date: F1 2/26/23 Termination Date: End of billing lm a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes❑No CAG2023-652 Comment H This agreement will reimburse the City up to $1.5 million to install lightweight fill. *This agreement will be coming to the Mayor for signature via DocuSign C C 3 0 Date Received:City Attorney: 12/14/23 Date Routed:Mayor's Officl 1Rty Clerk's Office 12/28/23 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 REIMBURSEMENT AGREEMENT This Reimbursement Agreement ("Agreement") is between the City of Kent, a Washington municipal corporation ("City"), and King County Wastewater Treatment Division ("King County WTD"). RECITALS A. The City is making right-of-way improvements to 76th Avenue S (the "Project"). This Project has been divided into multiple segments. This Agreement covers reimbursement for adjusting sanitary sewer manhole lids in the North and South Project segments and installing light weight fill in the South segment. Adjustments to the sanitary sewer manhole lids on the North segment have been completed. B. The Project requires King County WTD to adjust its authorized underground facilities that are currently in conflict with this Project. C. The City and King County WTD have entered into a separate reimbursement agreement for a different segment of improvements to 76th Avenue S. dated November 10, 2021. AGREEMENT The City and King County WTD therefore agree as follows: 1. SCOPE OF WORK 1.1 The City will advertise for construction bids and enter into a separate contract with a Contractor for the construction of the South Project segment of 76th Avenue S. The North project segment work has been completed. 1.2 The Project consists of raising the roadway for approximately 1000 linear feet on the north project segment and replacing undersized culverts and raising the roadway for approximately 1000 linear feet on the south project segment. The Project includes installing the necessary appurtenances to adjust King County WTD sanitary sewer manhole lids to grade ("Facilities Adjustment") on the North and South project segments. The Project also includes the installation of light weight fill material to be used for the embankment fill on the south project segment in order to help limit potential settlement of the sewer line under the roadway. This is outlined in the Geotechnical Memo attached as Exhibit A. REIMBURSEMENT AGREEMENT- Page 1 of 8 (December 7, 2023) (between City of Kent and King County WTD Re:76rh Ave S Improvements North Phase) DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 2. CONTRACTOR REQUIREMENTS The independent contractor hired by the City to perform this work is referred to as "the Contractor" in this Agreement. The Contractor, pursuant to a contract with the City, will be responsible for completing the Project, including the Facilities Adjustment, and installing the light-weight fill. The City represents that any such contract shall further require that the Contractor's work be performed in a good and workmanlike manner consistent with industry standards and conducted in conformity with (i) the applicable procedures and requirements of the parties as described herein; and (ii) all applicable laws, ordinances, and regulations of any governmental authority. The contract shall also meet the requirements set forth in Section 6. 3. RESPONSIBILITY OF THE PARTIES 3.1 King County WTD Coordination. (a) The Contractor will provide and install necessary appurtenances to raise King County WTD sanitary sewer manhole lids according to the contract plans. King County WTD shall maintain continued coordination with the Contractor regarding the completion of the Facilities Adjustment. (b) King County WTD shall furnish manhole frames and lids and deliver to the site for installation by the City's contractor in a timely manner. King County WTD shall schedule the delivery of these materials so as not to delay the Contractor. (c) For any work that King County WTD performs independently from the Contractor's work on the Facilities Adjustment, King County WTD shall coordinate closely with the City and the Contractor to ensure this work will not conflict with the Contractor's work on the Project. King County WTD shall pay any claims for additional compensation made by the Contractor resulting from conflicts with King County WTD's independent work in accordance with Section 4.3 of this Agreement. 3.2 Title to Facilities. All rights, title and interest in King County WTD's facilities and associated equipment shall at all times remain with King County WTD. 4. REIMBURSEMENT AND PAYMENT 4.1 Design and Construction Costs. King County WTD shall reimburse the City for all final and actual costs incurred by the City to design and construct the Facilities Adjustment and install light-weight fill ("Actual Design and Construction Costs") up to an amount not to exceed $1,500,000 based upon the cost estimate attached as Exhibit B. Costs will be finalized after completion of each construction phase to account for the Actual Design and Construction Costs. This reimbursement REIMBURSEMENT AGREEMENT- Page 2 of 8 (December 7, 2023) (between City of Kent and King County WTD Re:76rh Ave S Improvements North Phase) DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 amount shall also include design costs for staff and consultants incurred prior to this agreement as an actual cost incurred by the City. 4.2 Additional Expenses. King County WTD also agrees to pay any additional expenses incurred due to any King County WTD's approved change requests for any reason. 4.3 Claims by Contractor. King County WTD agrees to pay the reasonable cost of any documented claim made by the Contractor for damages that are proximately caused by King County WTD. These claims may include any conflicts between the Contractor and King County WTD or any of its contractors. 4.4 Invoices. (a) The City shall provide invoices showing progress payments made to the Contractor during the previous month and for costs of City engineering staff and consultants on the reimbursable portions of the project to the County on a monthly basis. Invoices shall be sent to the following County address: Rowena Johnson Rowena.Johnson@kin. cq ounty.aov (206) 477-5851 (b) The City's invoices shall be based on the progress payments made by the City to the Contractor and for City engineering staff and consultants for the reimbursable portions of the project, without mark-up. The total of all invoices for the reimbursable portions of the project shall not exceed the maximum not-to exceed amount of $1,500,000. Invoices shall be documented to the reasonable satisfaction of the County. Properly documented invoices shall be paid by the County within forty-five (45) days of receipt by the County. Payment by the County shall not constitute agreement as to the appropriateness of any item or acceptance of the work so represented. (c) The County reserves the right to audit the invoices and supporting documentation for purposes of compliance with this Settlement Agreement for a period of six years following the completion of the project under this Settlement Agreement. All books, records, documents, and other material relevant to this Settlement Agreement will be retained by the City for six years. The County, the Office of the State Auditor, and federal auditors shall have full access and the right to examine any of these materials during this period subject to compliance with governmental regulations. REIMBURSEMENT AGREEMENT- Page 3 of 8 (December 7, 2023) (between City of Kent and King County WTD Re:76rh Ave S Improvements North Phase) DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 4.5 Defective or Unauthorized Work. (a) Per the terms of the agreement between the City and Contractor, King County WTD reserves the right to withhold payment to the City for any defective or unauthorized work performed by the Contractor. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without King County WTD's approval. (b) Before withholding payment to the City, King County WTD shall provide written notice to the City of any work it believes to be defective or unauthorized. Upon receipt of written notice, the City shall be afforded 60 days to correct any work it agrees is defective or unauthorized. 4.6 Final Payment/Waiver of Claims. The making of final payment by the parties shall constitute a waiver of claims by the Contractor, except those previously and properly made and identified by the Contractor as unsettled at the time request for final payment is made. S. CHANGES King County WTD shall submit any changes requested to be performed by the Contractor to the City. The City shall submit these changes to the Contractor; obtain a price from the Contractor to perform the work; and notify King County WTD of this price. King County WTD shall then have 24 hours from the time it receives the price from the City, within which to respond. If King County WTD chooses not to accept the Contractor's price, then this work shall only be performed by King County WTD according to a mutually agreed upon schedule with the Contractor so as not to cause delay to the Contractor. 6. INDEMNIFICATION; LIENS AND ENCUMBRANCES 6.1 Mutual Indemnification by Parties. Each party shall defend, indemnify, and hold the other party, its officers, officials, employees and agents 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 performance of the party's work required under this Agreement, except for injuries and damages caused by the negligence or willful misconduct of the other party. 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 parties, its officials, employees and agents, a party's liability hereunder shall be only to the extent of the party's negligence. REIMBURSEMENT AGREEMENT- Page 4 of 8 (December 7, 2023) (between City of Kent and King County WTD Re:76rh Ave S Improvements North Phase) DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 6.2 Contractor Insurance and Indemnification. The City shall require the Contractor to have the County, its elected and appointed officers, agents, and employees named as an additional insured on all policies of insurance to be maintained by the Contractor(s) under the terms of any contract(s) with the City's Contractor performing the Project required to maintain Commercial General Liability Insurance, Commercial Automobile Insurance and Workers Compensation. The Contractor shall provide the City a Certificate of Insurance with endorsements attached as are necessary to comply with the contract specifications. The City shall provide the County with copies of all such policies and documents upon request. The City shall require the Contractor to defend, indemnify and hold the County, its officers, officials, employees, and agents 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 Contractor's participation in the Project, except for that portion of the injuries and damages caused by the County's negligence. The Contractor shall also be required to waive its immunity under Washington's Industrial Insurance Act, RCW Title 51, as to the County solely for the purposes of the indemnification. 6.3 Liens. No party, directly or indirectly, shall create or impose any lien on the property of another, or on the rights or title relating thereto, or any interest therein, or in this Agreement. Each party shall promptly, at its own expense, take such action as may be necessary to duly discharge any lien created by it on the property of another. 6.4 Survival. The parties' duties under this Section 6 will survive the expiration or earlier termination of this Agreement. 7. MISCELLANEOUS 7.1 Compliance with Laws. The parties shall comply with all federal, state and local laws, rules, and regulations throughout every aspect in the performance of this Agreement. 7.2 Nonwaiver of Breach. The failure of a party to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. 7.3 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties or between any party and the contractor under any of the provisions of this Agreement, resolution of that dispute shall be available only through the REIMBURSEMENT AGREEMENT- Page 5 of 8 (December 7, 2023) (between City of Kent and King County WTD Re:76rh Ave S Improvements North Phase) DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 7.4 Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit a party's right to indemnification under Section 6 of this Agreement. 7.5 Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of this Agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar 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 on this Agreement. 7.6 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 each of the affected parties. 7.7 Severability. If any one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. 7.8 Relationship. It is understood and agreed that no agency, employment, joint venture, co-employer or partnership is created by this Agreement. No party shall (i) have the power or authority to act for another in any manner to create obligations or debts which would be binding upon another, and; (ii) be responsible for any obligation or expense whatsoever of another. 7.9 Force Majeure. A party will not be in breach of this Agreement if unable to perform its respective obligations as a result of the occurrence of an event of "force majeure," which shall include, but not be limited to, acts of God, acts of the government of the United States or of any state or political subdivision thereof, strikes, civil riots or disturbances, fire, floods, explosions, earthquakes, wind, storms, hurricanes, lightning or other similar catastrophes or other causes beyond the parties' reasonable control. The scope of events of force majeure shall not extend to payment of money owed hereunder. 7.10 Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This Agreement and any REIMBURSEMENT AGREEMENT- Page 6 of 8 (December 7, 2023) (between City of Kent and King County WTD Re:76rh Ave S Improvements North Phase) DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 7.11 Effectiveness; Date. This Agreement will become effective when all the parties have signed it. The date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the effective date of this Agreement. Each party is signing this Agreement on the date stated below the party's signature. KING COUNTY WTD CITY OF KENT DocuSigned by: DocuSigned by: rVa" L P t"ff &C2Kamuron Gurol Printllfffff&12Dana Ralph Title: Division Director Title: Mayor DATE: 12/26/2023 DATE: 12/22/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: KING COUNTY WTD CITY OF KENT King County WTD City of Kent LPA.TEAM(d)kinacounty.aov 220 Fourth Avenue South Attn: Chad Bieren Attn: Mark Lampard (253) 856-5534 (Desk) APPROVED AS TO FORM: O ��� n Vt Law Department REIMBURSEMENT AGREEMENT- Page 7 of 8 (December 7, 2023) (between City of Kent and King County WTD Re:76rh Ave S Improvements North Phase) DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 EXHIBIT A GEOENGINEERS� 1101 South Fawcett Avenue,Suite 200 Tacoma,Washington 98402 253.383.4940 July 26, 2023 City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Attention: Susanne Smith Subject: Cell-Crete Fill Alternative - Revised Sewer Settlement Analysis 76th Avenue Culvert Replacements at Mill Creek Kent, Washington File No. 0410-206-02 INTRODUCTION This revised letter summarizes the results of additional settlement analysis completed for the 76th Avenue Culvert Replacements at Mill Creek project in Kent, Washington. The project includes raising roadway grades of 76th Avenue South generally between South 212th and South 228th Streets. Recent project discussions include the use of Cell-Crete over the existing King County sewer line to reduce the weight of the fill overlaying the sewer line and limit the potential for settlement of the sewer line. We recently completed a preliminary settlement analysis of the sewer based on roadway sections received via email on May 19th 2023. The provided sections include raising roadway grades up to about 6 feet and removal/replacement of site soils with Cell-Crete. A summary of our results is provided in our Geotechnical Letter "Cell-Crete Fill Alternative--Sewer Settlement Analysis" dated June 20 2023. Since our previous analysis, we understand extents of proposed Cell-Crete placement have been reduced. The purpose of this letter is to provide revised settlement analysis with the updated roadway geometry provided to us by the City. SETTLEMENT ANALYSIS Methodology The City provided an updated detail showing a typical roadway section annotated with the proposed fill sections via email on June 30, 2023. Total roadway fill height is approximately 6 feet, underlying the sidewalk adjacent to the proposed wall on the west side of the road.We understand no excavation/removal of on-site soils is proposed (resulting in less Cell-Crete than previously presented in our May 2023 analysis and letter). A copy of the provided roadway section along with annotations of geometry and parameters DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 City of Kent July 26,2023 Page 2 used in our analysis is presented in Figure 1. Soil parameters are based on conditions encountered in our explorations at the project site and experience in the project vicinity. We estimate settlement of the sewer line based on the revised geometry utilizing Class II and Class IV Cell- Crete as a lightweight alternative. Cell-Crete thickness are generally limited to less than 4.4 feet. The considered sections result in estimated net loads up to about 775 pounds per square foot (psf) in areas with no Cell-Crete placement(east side of road,show on right side of Figure 1). Net loads up to 340 psf are estimated in areas with Cell-Crete placement. We estimated potential settlements using the computer program Settle3 (Rocscience Inc. 2019). Settle3 evaluates settlement using a model of user-defined soil layers, compression properties and loading. The model uses a Boussinesq soil stress distribution to calculate initial elastic settlement and primary consolidation settlement. Secondary compression (or creep) was not included in our settlement analysis. Settlements of the existing sewer line were calculated for a depth of 20 feet below existing grade (approximate Elevation 10 feet North American Vertical Datum of 1988 [NAVD88]) at the approximate centerline of the southbound lane. Results For the considered loading, we estimate total long-term settlement of the existing sewer line could be on the order of 0.8 to 2.0 inches. We estimate differential settlements along the length of the sewer will be on the order of half the total settlement (i.e., 0.4 to 1.0 inches) over 100 linear feet. The differential settlement is not calculated directly but is based on accepted standards that take into account the inherent variability of soil. LIMITATIONS We have prepared this report for the exclusive use of the City of Kent and their authorized agents for the 761" Avenue Culvert Replacements at Mill Creek project in Kent, Washington. City of Kent may distribute copies of this report to owner and owner's authorized agents and regulatory agencies as may be required for the project. Within the limitations of scope,schedule and budget, our services have been executed in accordance with generally accepted practices in the field of geotechnical engineering in this area at the time this letter was prepared. The conclusions, recommendations and opinions presented in this letter are based on our professional knowledge, judgment and experience. No warranty or other conditions, express or implied, should be understood. The limitations presented as Appendix C in our Geotechnical Engineering Services Report "76th Avenue Roadway Improvements" dated May 29, 2019 also apply to this letter. GEOENGINEERS� File No.0410-206-02 DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 City of Kent July 26,2023 Page 3 We trust this letter meets your current needs. Please contact us if there are any questions or if you require anything further. Sincerely, GeoEngineers, Inc. %OSEpX S Stuart S.Thielmann, PE Geotechnical Engineer t3 *765 SlONALyG Lyle J. one, PE Associate Geotechnical Engineer ST:US:Ieh Attachments: Figure 1.Sketch of Cell-Crete Fill Section Disclaimer:Any electronic form,facsimile or hard copy of the original document(email,text,table and/orfigure),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. GMENGINEER� File No.0410-20602 DocuSign Envelope ID:E0483301-C2B9-48CC-9C21-44FDBCDB3C71 0410-206-02 Date Exported:07/12/23 ¢76TN AVENUE 5 I VARIES,SEE WM.L LAYOUT SHEET I s,-O, CURB 22'-0'ROADWAY A 22'-0'ROADWAY E'-D" 5-0" 11N. SIDEWA.Lf( LAJI H_y. GVARPRNL wAu cDNrrsDL LINE j ADJUST WALL REINFORCENEN7 j BROW RkLING TYPE FOR GUARDRAIL POSTS .1 CIWN LINKffNfE FlNI51iE6 NO 70P OF L. (TOW)MOMEilr BLOB j SRUMKOL EAKM WALL - (NEAN vEJmcAy ---_-_-------- 4'-0.THEORETICAL kE FORDED SOIL ZOW FJ051iND GRO71l� t BENCH .f... ............ -............_._._........... �.. �-� I I HE➢SrREAY PAY IDI TRUCIJ TS OF SRE CFYWNOf WALL �EL ..� IXCAVATION CIA55 A AHD 2 EXISTNO GAS CNE WALL DRAN II LEVEL-, PAD EXSTNe TELEIPHONE LINE s PROVIDE CORRUGATED METAL PIPE AT POST 1._0• U._D. L.00ATUONS DURING WALL CONSn1UJCTIDN IN REINFORCED ZONE AND FILL WITH SAHO, PEA CJMFEL OR APPRDCED MATERIAL AFTER POST INSTAUATION. Legend and Assumed Unit Wie hits General Fill:130 pcf Pavement Section:145 pcf Sketch of Cell-Crete Fill Section jjjW Class IV Cell-Crete:42 pcf 0 Class II Cell-Crete:30 pcf 76th Avenue Culvert Replacements at Mill Creek Notes: Kent,Washington 1.The locations of all features shown are approximate. 2.This drawing is for information purposes.It is intended to assist in showing features discussed in an attached document. GeoEngineers,Inc.cannot guarantee the accuracy and content of electronic files.The master file is stored by GeoEngineers,Inc.and will G E O E N G I N E E R S� Figure 1 serve as the official record of this communication. Data Source:Altered roadway section provided by the City of Kent via email on June 30,2023 DocuSign Envelope ID: E0483301-C2B9-48CC-9C21-44FDBCDB3C71 EXHIBIT B Mill Creek f 76th Avenue South-Lightweight Fill and Facilities Adjustment Cost Estimate Date 6/30/2023 ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST Mobilization LS 4 $25,00D $100,0.00 Lightweight Fill Class II 30 pcf CY 3,050 $16D $488rG00 Lightweight Fill Class IU 42pcf CY 2,650 $19S $516,750 Forming L5 1 $20,00D $20,000 Environmental Mitigation LS 1 $20,006 $20,000 SUB-TOTAL $1,144,750 20%CONTIGENCY $228,950 15%DESIGN ENGINEERING $171,713 2C)%b CONSTRUCTION ENGINEERING-MANAGEMENT $228,950 Total $1,774,363 Credit Gravel Sorrow gackfili Above Existing Ground TOM 1 12,913 $3D $387,390 Geatechnical Consultant for Lightweight fill Analysis $21,901 Lightweight Fill Total $1,4UB,774 Install King County WTD provided cover and raise the following icing County VVM Facilities to Finished Grade: ULIDI-2.50,Adjusted in spring 2023 ULIDI-2.51,Adjusted in spring 2023 EA 5 $10,00D $50,000 ULIDI-2.55 ULIDI-2.56 ULIDI-2.57 15%b DESIGN ENGINEERING(far Facilities Adjustment) $7,500 20%CONSTRUCTION ENGINEERING -MANAGEMENT(for Facilities Adjustment) $16,000 Facilities Adjustment Total $67,500 Lightweight Fill and Facilities Adjustment Total $1,476,274 REIMBURSEMENT AGREEMENT- Page 8 of 8 (December 7, 2023) (between City of Kent and King County WTD Re: 76t" Ave S North Phase) DocuSign Certificate Of Completion Envelope Id: E0483301 C2B948CC9C2144FDBCDB3C71 Status:Completed Subject:Complete with DocuSign: 12.07.23_WTD_City of Kent_PW Agreement_76th Ave King County.pdf Source Envelope: Document Pages: 12 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Marla Erickson AutoNav: Enabled 401 5TH AVE Envelopeld Stamping: Enabled SEATTLE,WA 98104 Time Zone: (UTC-08:00)Pacific Time(US&Canada) marla.erickson@kingcounty.gov IP Address:24.17.18.107 Record Tracking Status:Original Holder:Marla Erickson Location: DocuSign 12/20/2023 1:57:30 PM marla.erickson@kingcounty.gov Security Appliance Status:Connected Pool: FedRamp Storage Appliance Status:Connected Pool: King County-Dept of Natural Resources& Location: DocuSign Parks-Wastewater Treatment Signer Events Signature Timestamp Dana Ralph ED—Sig-d b,: Sent: 12/20/2023 2:33:23 PM dralph@KentWA.gov a" N fL Viewed: 12/22/2023 8:06:27 AM Mayor 93E99067Eo24442_ Signed: 12/22/2023 8:06:30 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 146.129.252.126 Electronic Record and Signature Disclosure: Accepted:5/2/2022 4:58:36 PM ID:8e639680-bff1-4e63-9918-6e3a221a059f Kamuron Gurol b,: Sent: 12/22/2023 8:06:32 AM kgurol@kingcounty.gov � Viewed: 12/26/2023 2:16:14 AM WTD Director ED,c"Si,n,d 6E7ECOE169354C2 Signed: 12/26/2023 2:17:48 AM King County WTD Signature Adoption: Drawn on Device Security Level: Email,Account Authentication (None) Using IP Address:97.126.89.58 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 12/26/2023 2:16:14 AM ID:b4ebe324-ef5d-43e4-a07f-a69c8b50e7e5 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Bob Isaac Sent: 12/26/2023 2:17:49 AM bob.isaac@kingcounty.gov ED Wastewater Construction Management V King County-WTD Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Madfai � Sent: 12/26/2023 2:17:50 AM MMadfai@KentWA.gov ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/20/2023 2:33:23 PM Certified Delivered Security Checked 12/26/2023 2:16:14 AM Signing Complete Security Checked 12/26/2023 2:17:48 AM Completed Security Checked 12/26/2023 2:17:50 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:6/25/2020 6:57:10 AM Parties agreed to:Dana Ralph,Kamuron Gurol ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of Natural Resources and Parks-Wastewater Treatment(we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact King County-Department of Natural Resources and Parks-Wastewater Treatment: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: ohansen@kingcounty.gov To advise King County-Department of Natural Resources and Parks-Wastewater Treatment of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at ohansen@kingcounty.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from King County-Department of Natural Resources and Parks- Wastewater Treatment To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to ohansen@kingcounty.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with King County-Department of Natural Resources and Parks- Wastewater Treatment To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; I send us an email to ohansen@kingcounty.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsupport.docusijzn.com/guides/signer-"ide- signing-ssystem-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and(i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify King County-Department of Natural Resources and Parks- Wastewater Treatment as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by King County- Department of Natural Resources and Parks-Wastewater Treatment during the course of your relationship with King County-Department of Natural Resources and Parks- Wastewater Treatment. PUBLIC WORKS DEPARTMENT Chad Bieren, P.E. 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 253-856-5600 DATE: December 12, 2023 TO: Kent City Council - Committee of the Whole SUBJECT: Mill Creek at 76th Avenue Souh Culvert Improvements Project - King County Wastewater Treatment Division Reimbursement Agreement - Authorize MOTION: I Move to authorize the Mayor to sign a reimbursement agreement with the King County Wastewater Treatment Division for the Mill Creek at 76th Avenue South Culvert Improvements project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Mill Creek at 76t" Avenue South Culvert Improvements project will enhance the Mill Creek channel by replacing culverts, installing vegetation and raising 76th Avenue South above the FEMA base flood elevation. The King County Wastewater Treatment Division (KCWTD) owns and operates a sanitary sewer trunk line under the roadway within City right-of-way. At the request of the KCWTD, the City is installing light weight fill material within the roadway embankment to limit potential settlement of the sewer line. KCWTD will reimburse the City for the cost of the lightweight fill per the terms of the agreement. The Agreement authorizes a maximum reimbursement amount to the City of $1.5 million. If this item passes out of Committee, it will proceed for final action at tonight's City Council meeting. BUDGET IMPACT: Associated costs will reimbursed via this agreement. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ATTACHMENTS: 1. 76th Ave King County WTD Manhole LWF Reim bursement(DOC)