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HomeMy WebLinkAbout08-04-2014 PUBLIC WORKS COMMITTEE AGENDA,A BURN ' CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA Public Works Committee August 4, 2014 - 3:30 PM Annex Conference Room 2 AGENDA A. Approval of Minutes* Public Works Committee to approve the minutes of the July 21, 2014 Public Works Committee meeting III. ACTION A. Public Works Project No. CP1120* (Truong) Approve Final Pay Estimate No. 8 to Contract No. 13 -07 in the amount of $4,615.77 and accept construction of Project No. CP1120, Lea Hill Safe Routes to School Improvements B. Resolution No. 5088* (Sweeting) A Resolution of the City Council of the City Of Auburn, Washington, Authorizing the Mayor to Execute an Agreement between the City of Auburn and Burlington Northern Santa Fe Railway relating to the 37th and B Street Northwest Pre - Signal Project C. Public Works Project No. C201A* (Vondrak) Approve Final Pay Estimate No. 25 to Contract No. 11 -01 in the amount of $57,974.43 and accept construction of Project No. C201 M Street SE Grade Separation (Underpass) IV. DISCUSSION ITEMS A. Code Enforcement Abatement Action* (Tate) Council authorization to initiate an abatement action for six (6) residential properties. B. Status Update of Resolution No. 5003* (Snyder /Jones) Staff to brief and present the anticipated schedule and next steps for implementation of Resolution No. 5003; a Remedial Action Grant Agreement with the State Department of Ecology. C. Agreement for Services - Comprehensive Plan Update* (Chamberlain) Page 1 of 164 Agreement for services with Berk Consulting to assist the City with updating the Housing Element of the Comprehensive Plan. D. Ordinance No. 6526* (Chamberlain) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 19.04.070 of the Auburn City Code relating to traffic impact fee exemptions. E. Fulmer Field Briefing (Fenhaus) F. Right -of -Way Vacation Compensation Policy (Para) G. Capital Project Status Report* (Sweeting) H. Significant Infrastructure Projects by Others - Public Works Status Report* (Gaub) Action Tracking Matrix* (Gaub) V. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 2 of 164 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Approval of Minutes July 30, 2014 Department: Attachments: Budget Impact: Public Works Draft M st $0 Administrative Recommendation: Public Works Committee to approve the minutes of the July 21, 2014 Public Works Committee meeting. Background Summary: See attached draft minutes. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Meeting Date: August 4, 2014 Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 3 of 164 ,A BURN VVASM�N N (A "() i ' CALL TO ORDER Public Works Committee July 21, 2014 - 3:30 PM Annex Conference Room 2 MINUTES Chairman Wayne Osborne called the meeting to order at 3 :30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wayne Osborne, Vice -Chair Bill Peloza, and Member Claude DaCorsi were present. Also present during the meeting were: Mayor Nancy Backus, Community Development & Public Works Director Kevin Snyder, Assistant Director of Engineering /City Engineer Ingrid Gaub, Assistant Director of Public Works Operations Randy Bailey, Councilmember Rich Wagner, Councilmember Largo Wales, Councilmember Yolanda Trout, Assistant City Engineer Jacob Sweeting, Acting Utilities Engineer Susan Fenhaus, Transportation Manager Pablo Para, Director of Administration Michael Hursh, Environmental Services Manager Chris Andersen, Storm Drainage Engineer Tim Carlaw, Engineering Aide Amber Mund, Transportation Planner Joe Welsh, Project Engineer Matt Larson, Assistant City Attorney Doug Ruth, Economic Development Manager Doug Lien and Public Works Secretary Molly Mendez. Members of the public in attendance included: Mike Stringer, Tage Aaker, Karyn Johnson, Dan Roper, Jeff Dillon and Connie Henke. B. Announcements There were no announcements. C. Agenda Modifications There was one agenda modification, adding Discussion Item G, Resolution No. 5087, to the agenda. CONSENT AGENDA A. Approval of Minutes Public Works Committee to approve the minutes of the July 7, 2014 Public Works Committee meeting Page 1 of 8 CA.A Page 4 of 164 It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Public Works Committee Meeting minutes for date, July 7, 2014. Motion carried 3 -0. III. ACTION A. Resolution No. 5078 (Mund) A Resolution of the City Council of the City of Auburn, Washington, setting a public hearing to consider a franchise agreement with Electric Lightwave, LLC, a wholly owned subsidiary of Integra Telecom Holdings, Inc Engineering Aide Mund explained Resolution No. 5078 sets the date of the public hearing for Electric Lightwave LLC for September 2, 2014. Electric Lightwave has applied for a franchise agreement with the City to be able to operate a telecommunications franchise within the city limits. There are no current plans to build within the City. Assistant Director of Engineering /City Engineer Gaub clarified the review process of permit applications in response to a question asked by Vice -Chair Peloza. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve Resolution No. 5078 setting the date of the public hearing for Franchise Agreement No. 13 -28 for Electric Lightwave LLC for September 2, 2014. Motion carried 3 -0. B. Right -of -Way Use Permit No. 14 -28 (Mund) Approve Right -of -Way Use Permit No. 14 -28 for Auburn Days Festival and Fun Run Engineering Aide Mund advised Right -of -Way Use Permit 14 -28 is for the Auburn Days Festival annual festival which will be held the second weekend in August. The festival and Fun Run course are the same as last year. Engineering Aide Mund further explained the police attendance at East Main Street following a question asked by Chairman Osborne. Assistant Director of Public Works Operations Bailey informed the Committee that part of the costs that the City incurred for this event last year was approximately $7,200.00. This amount only includes the cost to the Maintenance and Operations division and does not include others such as Solid Waste, the Parks Department, and the Police Department costs. In response to a question from Chair Osborne, Assistant Director of Public Works Operations Bailey Page 2 of 8 CA.A Page 5 of 164 confirmed that these costs are included in the special events line item of the Street budget. Vice -Chair Peloza noted a date error on the agenda bill. Engineering Aide Mund will correct. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve Right -of -Way Use Permit No. 14 -28 for Auburn Days Festival and Fun Run. Motion carried 3 -0. C. Right -of -Way Use Permit No. 14 -29 (Mund) Approve Right -of -Way Use Permit No. 14 -29 for Auburn Noon Lions Club and the Auburn Downtown Association Engineering Aide Mund informed the Committee that Right -of -Way Use Permit No. 14 -29 is for the Auburn Noon Lions Club and the Auburn Downtown Association to hold a food stand and beer and wine garden during Auburn Days Festival. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee approve Right -of -Way Use Permit No. 14 -29 for Auburn Noon Lions Club and the Auburn Downtown Association. Motion carried 3 -0. D. Public Works Project No. CP1104 (Larson) Award Contract No. 14 -09 to Valley Electric Company of Mount Vernon on their low bid of $258,189.23 for Project No. CP1104, 8th St NE and 104th Ave SE Intersection Improvements Project Engineer Larson provided a brief background summary of the project. Responding to a question asked by Chairman Osborne, Project Engineer Larson explained the public outreach process regarding traffic notices. Larson also noted the contractor has limited timeframes for the work. These limited timeframes will prevent work during rush hour traffic. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee award Contract No. 14 -09 to Valley Electric Company of Mount Vernon on their low bid of $258,189.23 for Project No. CP1104, 8th St NE and 104th Ave SE Intersection Improvements. Motion carried 3 -0. Page 3 of 8 CA.A Page 6 of 164 E. Public Works Project No. CP1222 (Larson) Project Engineer Larson provided an overview of the project. There were no questions from the Committee. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee Approve Final Pay Estimate No. 3 to Contract No. 13 -15 in the Amount of $3,978.39 and Accept Construction of Project No. CP1222, Citywide Traffic Signal Safety Improvements. Motion carried 3 -0. F. Resolution No. 5086 (Gaub / Ruth) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an agreement with Jacob Armijo to convey an easement over a portion of City storm water retention property Assistant City Attorney Ruth provided a background summary of Resolution No. 5086 and explained that the City is proposing to grant an easement to resolve an encroachment issue. Granting Mr. Armijo an easement allows him to retain his fence and landscaping in the 550 square foot portion of backyard area that is encroaching on the City's storm drainage property. It also gives the City the option to retain exclusive use of the property again if necessary in the future. Mr. Armijo has agreed to pay $3,200.00 for the easement plus the recording costs. This price is based upon the per foot value of his property. The encroachment is not currently impacting the City's ability to operate the storm facility. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee Approve Resolution No. 5086. Motion carried 3 -0. G. Ordinance No. 6520 (Gaub) An Ordinance of the City Council of the City of Auburn, Washington, Amending sections 13.32A.020 and 13.32A.120 of the Auburn City Code relating to Undergrounding Wiring Assistant Director of Engineering /City Engineer Gaub stated Ordinance No. 6520 is a proposed change to the Auburn City Code related to Underground Wiring. This revision is for franchisees and provides clarification of the exceptions to the undergrounding requirement for the expansion of an overhead system for a secondary tenant on existing utility poles owned by another utility. It was moved by Vice -Chair Peloza, seconded by Member DaCorsi, that the Committee introduces and adopts Ordinance No. 6520. Page 4 of 8 CA.A Page 7 of 164 Motion carried 3 -0. IV. DISCUSSION ITEMS A. Design Standards Revisions - Landscaping (Welsh) Transportation Planner Welsh indicated City staff is proposing to update the landscape portion of the Design Standards. The proposed changes include the expansion of the list of trees and shrubs which are allowed to be planted in the public right of way. In addition, these proposed changes are intended to improve the requirements to protect sidewalks from tree roots and reduce the likelihood of overplanted trees impacting in- ground utilities, impairing visibility of street signage and reducing the effectiveness of street lighting. Chairman Osborne asked for confirmation that these proposed changes have been reviewed by the City arborist. Transportation Planner Welsh replied stating they have been reviewed by the City arborist. Member DaCorsi requested the City include a tree trimming guideline. Transportation Planner Welsh indicated he will look into this. Assistant Director of Engineering /City Engineer Gaub added that this is covered in the standards for the planting of new trees in order to ensure only short growing trees are planted under overhead power lines. There was a brief discussion regarding the width of a sidewalk following a question asked by Chairman Osborne. Chairman Osborne pointed out that the street lighting standard states trees should be at least twenty feet from lights and asked if twenty feet is enough space. Transportation Planner stated this distance has been successful in the past. Assistant Director of Engineering /City Engineer Gaub suggested the addition of a requirement that it is at least half the proposed mature canopy width of the tree or twenty feet, whichever is greater. Transportation Planner Welsh will revise as suggested. B. Resolution No. 4959 (Snyder) The purpose of Resolution No. 4959 is for the City Council to authorize the City of Auburn to enter into a Project Partnership Agreement (PPA) with the U.S. Army Corps of Engineers to construct the Mill Creek Wetland 5K project Chairman Osborne requested Councilmember Wagner sit at the table for this discussion item. Page 5 of 8 CA.A Page 8 of 164 Environmental Services Manager Andersen and two representatives from the Army Corps of Engineers (Jeff Dillon and Dan Roper) came to the table for this discussion item. In addition, Mike Stringer with the environmental consulting firm was in attendance in the audience. Environmental Services Manager Andersen distributed a graphic that provides the overview of the extent of the Wetland 5K Project. Andersen then briefed the Committee on the project plans. Environmental Services Manager Andersen replied to a question asked by Councilmember Wagner regarding the culvert. There was a brief discussion regarding the reed canary grass following a question asked by Chairman Osborne. There was a discussion regarding the maintenance plan and beaver dams. There was a group discussion regarding the fish and wildlife department following a question asked by Member DaCorsi. In response to a question asked by Chairman Osborne, Environmental Services Manager Andersen responded stating it is hopeful that this creek will lower the water temperature on the Green River in addition to improving water quality. C. Utility System Development Charges (SDC) Analysis Update from FCS Group ( Fenhaus) Acting Utilities Engineer Fenhaus and two representatives (Tage Aaker and Karyn Johnson) from FCS Group came to the table for this discussion item. There was a brief group discussion regarding the timeframe of when the last SDC fee update was completed following a question asked by Chairman Osborne. Acting Utilities Engineer Fenhaus provided an overview on this discussion item. Chairman Osborne made recommendation that the City not delineate between a 1 -inch and 3/4 -inch water meter in the SDC Fee Structure. There was a group discussion regarding the Construction Cost Index (CCI) following a question asked by Chairman Osborne. Page 6 of 8 CA.A Page 9 of 164 Ms. Johnson responded to a question asked by Chairman Osborne regarding the annual customer growth percentage on page eight of the handout. This was followed by a group discussion. Acting Utilities Engineer Fenhaus responded to a question asked by Chairman Osborne regarding the Water Purchase on the Water Capital Improvement Plan on page ten of the handout. Discussion followed concerning the customer base that should be included in the customer growth related to this. Assistant Director of Engineering /City Engineer Gaub responded to questions asked by Vice -Chair Peloza regarding the staff recommendations on page four of the handout. Ms. Johnson further explained Approach A on page three of the handout and the Committee agreed that they felt this was the most appropriate calculation method to use. D. Capital Project Status Report (Sweeting) CP1122 — 30th Street NE Storm Improvements: Responding to a question asked by Member DaCorsi, Assistant City Engineer Sweeting provided an updated timeline for the project advertisement. Chairman Osborne requested a briefing on CP1107 (Fulmer Wellfield Improvements), CP1118 (Auburn Way South Pedestrian Improvements — Dogwood to Fir Street) and CP1119 (Auburn Way South Corridor Improvement — Fir St. SE to Hemlock St. SE) at the next Public Works Committee Meeting. E. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) There were no questions from the Committee. F. Action Tracking Matrix (Gaub) Item F — 105th Street Sewer Odor: Assistant Director of Public Works Operations Bailey indicated there have not been any recent complaints in response to a question asked by Chairman Osborne. Item G — Lea Hill Road Repair: Assistant City Engineer Sweeting provided an updated status report indicating the City received a draft report from the geotechnical engineer which outlined some potential long term solutions in response to a question asked by Chairman Osborne. G. Resolution No. 5087 A Resolution of the City Council of the City of Auburn, Washirtge 7 of 8 CA.A Page 10 of 164 approving the Lease Extension and Addendum to Lease between the City of Auburn and the Bank of Washington For the purpose of these minutes, this item was discussed after Discussion Item C. Director of Administration Hursh provided a background summary for Resolution No. 5087. In response to a question asked by Chairman Osborne, Director of Administration Hursh discussed the garbage receptacle at this location. Director of Administration Hursh responded to a question asked by Chairman Osborne regarding agreements to lease these lots. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:55 p.m. Approved this 4th day of August, 2014. Wayne Osborne Molly Mendez Chairman Public Works Department Secretary Page 8 of 8 CA.A Page 11 of 164 'Alu,BURN VVAS I � I N G "i'(') N' AGENDA BILL APPROVAL FORM Administrative Recommendation: Public Works Committee recommend City Council approve Final Pay Estimate No. 8 to Contract No. 13 -07 in the amount of $4,615.77 and accept construction of Project No. CP1120, Lea Hill Safe Routes to School Improvements. Background Summary: This project included the completion of the following improvements: 1. Bike lanes, sidewalks, curb and gutter and ADA accessible ramp improvements to complete the remaining pedestrian gap on the south side of SE 312th St starting at 124th Ave SE and extending approximately 600 feet east. 2. Installation of ADA pedestrian push buttons and audible countdown pedestrian signal heads at the existing signalized intersection of SE 312th St and 124th Ave SE, including upgraded ADA accessible ramps. 3. Installation of upgraded ADA accessible ramps on 116th Ave SE at the two marked school crosswalks in front of Rainier Middle School and at the intersection of 116th Ave SE and SE 304th St. 4. Bike lane striping, signage and pavement symbols on 116th Ave SE between SE 312th St and SE 304th St. 5. Installation of bicycle racks at the 3 separate schools. A project budget contingency of $50,987.31 remains in the 102 Arterial Street Fund. Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Truong Meeting Date: August 4, 2014 Item Number: ACT.A ACT.A AUBURN * MORE THAN YOU IMAGINED Page 12 of 164 ACT.A AUBURN * MORE THAN YOU IMAGINED Page 13 of 164 BUDGET STATUS SHEET Project No: CP1120 Project Title: Lea Hill Safe Routes to School Improvements Project Manager: Kim Truong Initiation Date: 7/18/11 Advertisement Date: 6/3/13 Award Date: 7/16/13 O Project Initiation O Permision to Advertise O Contract Award ® Change Order Approval 76,238 Contract Final Acceptance Funds Budgeted (Funds Available) Funding Prior Years 2013 2014 Total 102 Fund - Federal Grant 25,088 297,174 76,238 398,500 102 Arterial Street Fund 1,327 80,582 65,875 147,784 Payment from PSE for Sidewalk Work 0 251,950 8,031 8,031 Total 26,415 377,757 150,143 554,315 Estimated Cost (Funds Needed) Activity Prior Years 2013 2014 Total Design Engineering - City Costs 26,415 48,837 (150,143) 75,252 Design Engineering - Consultant Costs 26,415 1,924 99,156 1,924 Construction Contract 0 251,950 3,418 255,369 Change Order #1 0 4 ; ,) 1 0 I.. ,, ) Change Order #2 35,770 35,770 Change Order #3 15,578 15,578 Change Order #4 4,271 4,271 Line Item Changes 5,450 5,450 Other- School District (Education) 2,762 58,639 61,401 Other- Police Dept. (Enforcement) 1,800 1,800 Construction Engineering - Consultant Costs 2,992 Construction Engineering - City Costs 33,995 10,000 43,995 Total 26,415 377,757 99,156 500,336 102 Arterial Street Budget Status . ( # ) in the Budget Status Sections indicates Money the City has available. Date:7/17/14 H: \PROJ \CP1120 -Lea Hill School Ped Imp\ Budget \CP1120- BudgetStatusSheet.xls 1 of 1 ACT.A Page 14 of 164 Prior Years 2013 2014 Total '102 Funds Budgeted () (26,415) (377,757) (150,143) (554,315) 102 Funds Needed 26,415 1 377,757 99,156 503,328 "102 Fund Project Contingency () 0 0 1 (50,987) (50,987) 102 Funds Required 0 1 0 1 0 1 0 . ( # ) in the Budget Status Sections indicates Money the City has available. Date:7/17/14 H: \PROJ \CP1120 -Lea Hill School Ped Imp\ Budget \CP1120- BudgetStatusSheet.xls 1 of 1 ACT.A Page 14 of 164 D n CITY OF AUBURN CP1120 PAY ESTIMATE #8 & FINAL CO. NO. 13 -07 Lea Hill Safe Route to School Improvements SCHEDULE A: Street Improvements EM )>KIO, ITEM DESCRIPTION ESTIMATE QUANTITY TOTAL QUANTITY I PERIOD I QUANTITY ! UNIT ' TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST. QTY. 1 2 One Year Warranty-Bond SPCC Plan -- Mobilization - - __- Construction Site-Sign_(s) Control_ Supervisor Traffic Control- Labor -Flagging Outside Agency Uniformed Police Flagging Labor Clearing and Grubbinci 1 1 - ------- _1 -I_ - _- LS _ LS _ LS � LS LS HR Est. LS LS 345.001 150.00 ; 17,000.00 800.00 4,523.00 _ 47.00 L 8,000.00 345.00 345.00 - - - _.. - 100% 1 1: $ 150.00 100% 3 1 1 E 17 000.00 100% 100% 4 5 6 7 6 -!Removal 9 10 1 1 - - -_ _$ $ 800.00 1 0.77778 -- 3,517.90 78 /o 96% 320 387.5 14 452.50 - -- - $_ -.. -- 1 0_._1.826662 1 1 531.734 454.3 ..... 1,461.33 18% 100% 1 5,000.00 5,000.00 _ __$_ -. - - $ -_ - 1 $ - of Structures and Obstructions - - 1 301 294 457 _ 984 _ 96 87 _ .._60 3 1008 27. .. _ 1.____ _.__. _2_ 3 7,153.00 7,153.00.: $ __._.. 6,912.54 3,040.92 __.$._ 908.60 11,633.80,_$ 5,075_.07_ - -$ - _$ - $_ - - -- 3,812.25 40,518.88 $ 2,146.00 $ . 1,042.00 _$_... 794.00 1,680.00 $ 80.4_.00 - $- -- 2,993.90 100 % Removal of Asphalt Pavem_ ent Removal of Cement Concrete Flat Work Removal of Curb-and- Gutter Subq rage- Preparation Crushed - Surfacing Top Course. Crushed SurFacing_Base Course HMA Cl. _1. /2 -inch PG 64 -22 (Class B) _. Asphalt Ca_I_d -Patch Commercial -HMA -- Solid Wall Polyvinyl Chloride (PVC) Storm Pipe, Catch Basin Type_ 1_ Rectangular Solid Metal Cover ... .. ..... .. .... . Adjust Catch Basin _..__.._.._..____ - - - - -- Connect to _.Existing Catch_Basin Pipe_Faundation Material SY 13.00 177% - 103% - -_ 99% - -_- 148% 160% 0% 0% 381% ' 335% 107% 11 SY 10.00._.$_.. j_$ _ 12 LF 2_001 -$_ - 13 1454.225 SY 8.00:..$ 33.00...$ 33.00. 179.00 325.00 - $ - 14 153.79 TON 15 0 TON $- - 16 0 TON - 17 11.73 TON _$ $ - $ - $ _- - $ - - - $ - - - 18 3376.5733 29 1 SF 12.00 19 _ LF 74.00 20 EA 1 042,00 100 % 1.00% - 1.00% -_ 100% - -- 0% ....... _170% 415% 010 21 21 EA 397,08 - 22 3i EA 560.00._$ 804.00 - -- ....... 33.00 49.00 100.00 206.00 23 24 25 1 1! EA _$- -$ - 7 0 TON - !Select Pipe Trench Backfill 36 61.1 166 - 0 -_- - 0.99.1.6 25.5 ... ...... ............ _........... - - -- -_ TON SF CY - 26 Shorinq or Extra Excavation Class B 40 6 1 20 -_ 17__ -8 -- _ - 7- 1 1060 1390 _ _ 72 688 -__- -1.66_ _ 1 16 600.00 - $ - - - -$ -- = $ - $ - -$ - $ -_- - -- $ -- - $ - -_ - - $ __- - - $ - - $ - $ 27 Controlled Density_Fill_(CDF)_for Trench _Backfll_ - -_... Temporary_Water Pollution /Erosion Control Topsoil -Type A Lawn _Sod - -- - - Bark_ Mulch Miscellaneous _Roadside Restoration Cement_Concrete Traffic Curb and Gutter pain te_d._Curb____- ...... ... Industrial_ and _Commercial Driveway apron Cement. Concrete Sidewalk - Cement Concrete Wheelchair- Ramp_ -_ -- _ Traffic Signal Modifications, Complete -__ -- Conduit _Pipe -3 Inch Diameter Pull Box - 28 Est. 2,000.001 1,98120 - - - -- 99% 29 CY 65.751 1_,6.76.63_ - 129% 30 D SY 11.50; 0% 31 201 CY 63.25 1_,265.0.0_ 3,210,63 292% 32 33 2._1.4041 -67 1018.3 - 1284 89.833 -- _714.8.09 171.581 - -_- _ _ Est. 1,500.00 214% LF 20.00 20,366.00 -- - 96% 34 _ _ -- -__ __ -- F 1.00 1,284.00 - -- - -- - - - - -- 92% 125% 154% 103% 35 �SY 62.50 5,614.56 36 SY 34.50 24 660.91 37 _ 38 39 40 - SY 163.50 28,053.49- 1 LS 25000,00 $ 25,000.00 $ - - -_ 6,190.00 4 600.00 ? 100% 618 619; LF 10,00 100% 2 21 EA 2 300.00T 100% v c� CD Period Dates Cn Begin: May 21, 2014 O End: June 25, 2014 h SCHEDULE $ 345.00 h:lprojlpe1CP1120 PE.xls 1 of 4 7/29/2014 at 11:50 AM CITY OF AUBURN CP1120 PAY ESTIMATE #8 & FINAL n CO. NO. 13 -07 Lea Hill Safe Route to School Improvements SCHEDULE A: Street Improvements EM >NO. ITEM DESCRIPTION ESTIMATE QUANTITY TOTAL QUANTITY PERIOD QUANTITY :, UNIT ` TYPE UNIT COST TOTAL COST PERIOD COST I PERCENT EST. 3 QTY. 41 42 Permanent_ Signing Paint Line . -.. Plastic Crosswalk Stripe and Stop Bar (24 inch Painted Bicycle Lane Symbol Removing Plastic Crosswalk Line _ Loss Time for Pipe Connection ------ _ - 1 _5212 841 600. - - -- 1 ___— _ _ ._.. - - -- 3283 1 1 1_ 5112 981.91 LS 9 366.00 0,50 7,50 17,25_ 1.75 - - - -.- _._..__..895.70 d- 368.81) 8,66 r ....__..4,922,89,_$ 1,279.75_x$ j 14.298.66-1 $ 9,366.00 $ 2 556.00 $ 7,364.25 - - - 100% 98% 117% LF 43 _ LF $ - $ - .._ $ __ _ - - $ - $ � - $ - . -. $ - - __. 4t 4,270.77 44 21 f EA_ 5F - 362.251 100% 45 CO-1 CO -1 CO-2 CO-2 -1 C0 -3 1 CO-3-2 CO -4 - - - -- 245.861 1 -$ 430.26 .__. 41% LS -$ $- 895.701$ 100% 97% 100% Deduct $1368.81 from Permanent_ Signing_ BI #41 Increase Quantity BI #18 Increase Quantity BI #18 in excess of 125% Traffic Loops Replacement Pedestrian Poles Orientation_ Adjustment Bike Rack Installation, Complete _._ I Re -mabe and Excavation of Top Course _- 1 LS $ (1,368.81); .... -____ 0 5F 0 SF $_ Est_ 4762.94 1 Est. 1 279.75 .___. 1 1 -.LS -.. LS $ 14,298.66 -.- - 100% 1 1 1 4 270.77 100% v c� m d7 O h d7 h:Iprojlpe1CP1120 PE.As SCHEDULE TOTAL $ 4,615.77 Period Dates Begin: May 21, 2014 End: June 25, 2014 2 of 4 7/29/2014 at 11:15 AM v c� CE) O CO. NO, 13 -07 Lea Hill Safe Route to School Improvements D n D SCHEDULE A. Street Improvements Contract $ NO TAX No Retainage SCHEDULE TOTAL $ TOTAL CONTRACT AMOUNT TO DATE TOTAL PAYMENT TO CONTRACTOR PAYMENT DUE CONTRACTOR: CITY OF AUBURN PROJECT SUMMARY PAY ESTIMATE #8 & FINAL Original Contract Contract Change Amount Orders 255,368.50 $ 55,145.83 $ 255,368.50 $ 55,145.83 $ Period Dates Begin: May 21, 2014 End: June 25, 2014 CP1120, Lea Hill Safe Route to School Improvements CO. NO. 13 -07 Total Payment 315,963.87 $ 315,963.87 $ 315,963.87 315,963.87 $ This Period 4,615, 77 4,615,77 4,615.77 4,615.77 Percent/Contract 102% h:iprojtpe%CP1120 PE.xls 3 of 4 712912014 at 11:15 AM Street statement 71855 SOPt�l a tvx.�e and colve e �-Xnak P-m estimate , 91BI332 'Ined NN e V�at xk agree \te cavefiu\kl e j, twat I Xla d Xj cvakfn ,jed t)r�'�s final pal efac , am all devtbxs c W.110m C�tjotPw t k)as veqle fat ' 0 e\eae ook se Ode' me koefeO 't \14t�lcb eve � g Mo6jes due ' d t ot twis convar, SbOWO de�stand �t a"s-xvlo estimate and \P kaje, arising out h � Mal 00A 5 x1aktife .0 j)OV- -To C gate Date 5\(Vves atu '- {j Date \,\sper-101 Date C im engineer P� 4 ot 4 CD co 0 7129,2014 at A A"15 PO LEA HILL SAFE ROUTES TO SCHOOL IMPROVEMENTS PROJECT NO. CP1120 SE 5r ST SE ST w cS s, w AUBURN GOLF T ?� COURSE 6r € Ave mmw I e< .r p. a y A ul�� !w w K At., eR iluuuuuull llij� 3E 304TH PL 304th _ R c nano x a � w y Kmmt Sf Pd N3 S Y t p ao ^� PARK rJ = yg1 ]CTII 0. BE ]0611 E w ����pp� GfV+ ]061M 6f eE blM a B" ]MM 0. tl >7M � P� K 606M 6E SKIM i n +aa HL a6 s0016 6. tl . ti » He 3E 310th Sp < K y K w 3E '4K 312th �uV'vX = 313TH ST 96 +Z' IK y p ® 9y ryr�MWYm' w a1m1 a Sf ..». c� •+� x.6..1 4 0+ y •a•My ••SE 320th R MBIK w n 0. S.K ^I �Illk � � � ��% IIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII >W PROJECT SITES VICINITY MAP NOT TO SCALE ACT.A Page 19 of 164 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: Public Works Committee recommend that City Council adopts Resolution No. 5088. Background Summary: Resolution No. 5088 authorizes the Mayor to enter into a Construction and Maintenance Agreement with Burlington Northern Santa Fe Railway (BNSF) that supports the construction of the 37th Street and B Street NW Pre - Signal project. The 37th Street and B Street NW Pre - Signal project will construct a new pre - signal, make modifications to the existing traffic signal, and install advanced railroad pre- emption for the at -grade BNSF rail crossing intersection of 37th St NW and B St NW. This work will also mitigate the impacts from the proposed BNSF third mainline rail anticipated to be constructed in 2015. The agreement obligates BNSF to construct improvements to its pre - emption system to provide advance notification to the City pre - signal of approaching trains. The agreement obligates the City to pay BNSF for the construction of these improvements, at an estimated cost of approximately $66,000.00. The cost of the BNSF work is included in the project budget. Reviewed by Council Committees: Finance, Public Works Councilmember: Osborne Staff: Sweeting Meeting Date: August 4, 2014 Item Number: ACT.B ACT.B AUBURN * MORE THAN YOU IMAGINED Page 20 of 164 ACT.B AUBURN * MORE THAN YOU IMAGINED Page 21 of 164 RESOLUTION NO. 5088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND BURLINGTON NORTHERN SANTA FE RAILWAY RELATING TO THE 37TH AND B STREET NORTHWEST PRE - SIGNAL PROJECT WHEREAS, the City desires to improve the safety and efficiency of the at- grade BNSF Railway Company crossing ( "crossing ") at the intersection of 37th Street NW and B Street NW; and WHEREAS, the need for improvements at the intersection of 37th Street NW and B Street NW is recognized in Auburn's adopted Transportation Improvement Program; and WHEREAS, installing a pre - signal at the BNSF railway crossing, thereby mitigating the impacts from the proposed BNSF third mainline rail, will improve the safety and efficiency of the at -grade crossing at the intersection of 37th Street NW and B Street NW; and WHEREAS, the pre - signal system requires BNSF to upgrade its pre- emption system to provide advance indication of approaching trains at the City's expense; and WHEREAS, BNSF requires execution of a Construction and Maintenance Agreement to construct the pre - emption system improvements. Resolution No. 5088 August 4, 2014 Page 1 ACT.B Page 22 of 164 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 11 The Mayor is hereby authorized to execute a Construction and Maintenance Agreement, in substantial conformity with the agreement attached hereto, marked as Exhibit 1" and incorporated herein by this reference. In addition, the Mayor is hereby authorized to execute any necessary future agreement amendments related to the Construction and Maintenance Agreement. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 5088 August 4, 2014 Page 2 ACT.B Page 23 of 164 Dated and Signed this day of , 2014 CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5088 August 4, 2014 Page 3 ACT.B Page 24 of 164 HIGHWAY -RAIL SIGNAL INTERFACE AGREEMENT BNSF File No.: BF10006373 Mile Post 19.16 Line Segment 051 U.S. DOT Number 085647H Seattle Subdivision THIS HIGHWAY -RAIL SIGNAL INTERFACE AGREEMENT (hereinafter called, this "Agreement "), is entered into effective as of ( "Effective Date "), by and between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSF "), and City of Auburn WA Public Works (hereinafter called, the "Agency "). WITNESSETH WHEREAS, BNSF has grade crossing warning devices located at the intersection of 37th Street NW and B Street NW, DOT 4 085647H, Line Segment 051, Mile Post 19.16, as indicated on Exhibit A attached hereto and made a part hereof, WHEREAS, Agency desires to preempt the highway traffic control signals with the grade crossing warning devices shown on Exhibit A; and WHEREAS, BNSF will allow the Agency to preempt the highway traffic control signals with the grade crossing warning devices shown on Exhibit A subject to the mutual covenants contained in this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. PURPOSE The purpose of this Agreement is as follows: provide for the installation and maintenance of the improvements described below at the intersection of 37th Street NW and B Street NW at -grade crossing. i ACT.B Page 25 of 164 2. SCOPE OF WORK a. The Agency must provide BNSF in writing, using the BNSF Preemption Worksheet attached hereto and made part of this Agreement as Exhibit D, with the total preempt cycle time required from the start of the preempt cycle of highway traffic control signals until the arrival of the train at the highway -rail crossing. b. BNSF will provide an interface box with contact terminals, at Agency's expense on the side of the railroad instrument cabin. C. Agency or its contractor will place all necessary cable and conduit on Railroad property, as approved by BNSF and in compliance with the BNSF Utility Accommodation Manual http: / /www.bnsf.com/ communities /facts /t df /utilitv.pdf , at the locations shown on Exhibit Al attached to and made a part of this Agreement. d. The Agency or its contractor will connect the highway traffic control signals to the contact terminals in the interface box including all necessary cable and conduit. e. BNSF will provide flagging services, at Agency's sole expense as set forth in more detail on Exhibit C attached to and made a part of this Agreement. f. The Agency or its contractor must install the new highway traffic control signals on the existing BNSF cantilever. g. An estimate of the actual costs for BNSF work is shown on Exhibit B attached to and made a part of this Agreement. In the event installation of the improvements has not commenced within six (6) months following the effective date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth on Exhibit B. If the cost estimates are revised, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of the Agency, which approval will not be unreasonably withheld. h. The Agency must pay BNSF for the actual costs of any work performed by BNSF under this Agreement within thirty (30) days of the date of the invoice for such work. During the construction of the improvements, BNSF may send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Upon completion of the improvements and all associated work, BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. 2 ACT.B Page 26 of 164 Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 3. CONSTRUCTION AND MAINTENANCE a. BNSF will operate and maintain, at its expense, the necessary relays and the other materials required to preempt the highway traffic control signals with the grade crossing warning devices. b. BNSF will to operate and maintain, at its expense, the railroad crossing warning devices up to the contact terminals in the interface box. C. The Agency or its contractor must, at the Agency's expense, install the highway traffic control signals up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. d. Following installation of the traffic control signals, the Agency will own, operate and maintain, at its expense, the highway traffic control signals up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. e. For any future inspections or maintenance, routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to execute the C documents. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF's applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF's Internet Website "contractororientation.com "; notify BNSF when, pursuant to the requirements of exhibit C, a flagger is required to be present; procure, and have approved by BNSF's Risk Management Department, a Railroad Protective Liability insurance. 4. PROTECTION OF UNDERGROUND SYSTEMS a. Agency and its contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines ") owned by various telecommunications or utility companies may be buried on BNSF's property or right -of -way. The Agency or its contractor must contact appropriate personnel to 3 ACT.B Page 27 of 164 have the Lines located and make arrangements with the owner of the Lines regarding protective measures that must be followed prior to the commencement of any work on BNSF's property. The Agency or its contractor will be responsible for contacting BNSF and the telecommunications or utility companies and notifying them of any work that may damage these Lines or facilities and /or interfere with their service. The Agency or its contractor must also mark all Lines in order to verify their locations. Agency or its contractor must also use all reasonable methods when working in the BNSF right -of -way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. b. Agency or its contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the installation or construction of the improvements. Agency and /or its Contractor must cooperate fully with any telecommunications or utility company(ies) in performing such rearrangements. C. Failure to mark or identify Lines will be sufficient cause for BNSF to stop construction at no cost to BNSF until these items are completed. d. In addition to the liability terms contained elsewhere in this Agreement, Agency and its contractor hereby indemnify, defend and hold harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Agency or its contractor, subcontractors, agents and /or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines on BNSF's property or within BNSF's right -of -way, (2) any injury to or death of any person employed by or on behalf of (a) any telecommunications or utility company, (b) Agency's contractor or subcontractors, or (c) Agency, and (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunications or utility company(ies).THE LIABILITY ASSUMED BY AGENCY OR ITS CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. 5. INDEMNIFICATION a. Agency hereby indemnifies, defends and holds harmless BNSF for, from and against any and all claims, suits, losses, damages, costs and expenses for injury to or death to third parties or BNSF's officers and employees, and for loss and damage to property belonging to any third parties (including damage to the 4 ACT.B Page 28 of 164 property of BNSF officers and employees), to the extent caused by the negligence of the Agency or any of its employees, agents or contractors. The Agency also releases BNSF from and waives any claims for injury or damage to the Agency's highway traffic control signals or other equipment which may occur as a result of any of the work provided for in this Agreement or the operation or the maintenance thereafter of any of the Agency's highway traffic control signals, cables, connections at and about the grade crossing. b. To the fullest extent permitted by law, Agency hereby releases, indemnifies, defends and holds harmless BNSF and BNSF's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, employees and agents for, from and against any and all claims, suits, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys fees and court costs) for injury to or death to Agency employees, agents or representatives arising out of, resulting from or related to any act or omission of Agency or any work performed on or about BNSF's property or right -of -way. THE LIABILITY ASSUMED BY THE AGENCY IN THIS PROVISION WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILROAD, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE SOLE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BNSF. C. The Agency further agrees, at its expense, in the name and on behalf of BNSF, that it will adjust and settle any claims made against BNSF and will appear and defend any suits or actions at law or in equity brought against BNSF on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by the Agency under this Agreement for which BNSF is alleged to be liable. BNSF will give notice to the Agency in writing of the receipt of pendency of such claims and thereupon the Agency must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against BNSF, BNSF may forward the summons and complaint or process in connection therewith to the Agency, and the Agency must defend, adjust or settle such suits and protect, indemnify, and save harmless BNSF from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. 6. AGENCY CONTRACTOR REQUIREMENTS a. While on or about BNSF property, Agency and its contractors must fully comply with BNSF's "Contractor Requirements" set forth in Exhibit "C" attached to and made a part of this Agreement. The "Contractor Requirements" include clearance 5 ACT.B Page 29 of 164 requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's "Contractor Requirements ". Prior to entering BNSF property, Agency's Contractor must execute Exhibit C -1 attached to and made a part of this Agreement." b. Prior to entering BNSF property, each person providing labor, material, supervision or services connected with the work to be performed on or about BNSF property must complete the safety training program (hereinafter called "BNSF Contractor Safety Orientation ") at the following internet website: " www.contractororientation.com ". Agency must ensure that each of its contractors, employees, subcontractors, agents or invitees completes the BNSF Contractor Safety Orientation before any work is performed under this Agreement. Additionally, Agency must ensure that each and every contractor, employee, subcontractor, agent or invitee possesses a card certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF property. Agency must renew the BNSF Contractor Safety Orientation annually. C. Prior to entering BNSF property, Agency or its contractors must prepare and implement a safety action plan acceptable to BNSF. Agency must audit compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by BNSF at all reasonable times. 7. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. C ACT.B Page 30 of 164 ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non - contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non - contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. 7 ACT.B Page 31 of 164 D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: ,'means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Rahway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self - insure without the prior written consent of Rahway. If granted by Rahway, any self - insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self - insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: ACT.B Page 32 of 164 Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s) /broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then - current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self - insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor 9 ACT.B Page 33 of 164 including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Rnilrrmny shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Rnilrrmny arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Rnilrrmny shall mean "Burlington Northern Santa Fe LLU, "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. to ACT.B Page 34 of 164 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY Printed Name: Richard W Wagner Title: Manager Public Projects, NW Division AGENCY By: Printed Name: Title: 11 ACT.B Page 35 of 164 RNSF RAIL WA Y COMPA NY TO 4NC0Z1kE1? TO SEATTLE IE D EASTW ARHD APPPR. 4171' INSTALL: LED'S & ADVANCED PREEMPTION CIRCUITS CONTROL DEVICES. CONSTANT WARNING o- - - OUT SALVAGE. NONE 120' MIN. 41' MIN. 50' MIN 0 o l 37TH A UA7 DDT ° 085 647 H Warning device placement: Clearance to C.L. Track = Min. 12' Edge of Road to C.L. Foundation: Min. 4'3" with curb, Min. 8'3" without curb, Max. 12' House Clearance: 25' Min. to Near Rail 30' Min. to Edge of Road ALL LIGHTS TO BE LED WESTWARD APPR.4171' 79 MPH _ RNSF RAIL WAY LOCATION: AUBURN, WA. STREET:37TH AVE. LS- 0051 M.P. 19.16 DOT 4 085 647 H DIVISION: NORTHWEST SUBDIVISION° SEATTLE KANSAS CITY NO SCALE DATE- 01/31/2014 FILE: 0051019_16.dgn JWM CO. CEPS PLAN ITEM DOCUMENT LOCATION AUBURN LINE SEGMENT �I AFE NUMBER PLANITEM NUMBER PSIO8�64711 MILEPOST 19.16 REA NUMBER PROPERTY OF BNSF RAILWAY COMPANY DIVISION NW CPARNIINJBER OPERATED BY BNSF RAILWAY COMPANY SUBDIVISION SEATTLE BUDGET YEAR 2014 JOINT FACILITY CITY OF AUBURN OVA ENGR. DIVISION NORTHWEST NORTH BUDGET CLASS 10 0o BILLABLE ( +, -) 100.0 TAX STATE OVA. CO KING REPORTING OFFICE 461 REQUESTORID S1SO MATE DATE SPONSOR VP ENGINEERING PROJECT TYPE SGX LOCATION CODE X11066 DEPT CODE MOWGH DOT NUMBER O8�64711 TRACK TYPE 1 DERAILMENT CODE STIDJULUS FUND TYPE STIDJULUS STATUS PURPOSE. JUSTIFICATION AND DESCRIPTION INSTALL ADVANCED PREEMPTION CIRCUITS AT 67TH STREET IN AUBURN OVA. NORTHWEST DIV. SEATTLE SUBDIV. LS 00 1 MP 19.16. DOT; OS�647H. SEQ. 4066 MONTHLY POWER UTILITY COST CENTER 6liO4 THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIDATING PURPOSE ONLY. THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS. DETAILED AND ACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED. CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIDIATE IS SUBJECT TO CHANGE IN COST FOR MATERIAL. LABOR. AND OVERHEADS. SIGNAL WORK ONLI"::::::::::::::: :::::::::::::::: THE CITY OF AUBURN IS FUNDING THIS PROJECT 100oo. MAINTAIN PROPRIETARY CONFIDENTIALITY SYSTEM MAINTENANCE AND PUNNING - KANSAS CITY PRINTED ON O1,31C014 ESTIDEATE REF. NLJNIBER PSI08�647H -' - -'S ESTIDATED BY MCNJLJRPHEY COSTING DATE O1, 24,2014 PRINTED BY MCNJLJRPHEY ACT.B 10, Ih „ililh °uglh II � up °� r i f: ;;uu Page 37 of 164 CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 10.427 10.427 MATERIAL COSTS 0 0 0 0 68.2�4 68.2�4 OTHER COSTS 0 0 0 0 17.069 17.069 TOTALS 0 0 0 0 6�.7�O 6�.7�O SYSTEM MAINTENANCE AND PUNNING - KANSAS CITY PRINTED ON O1,31C014 ESTIDEATE REF. NLJNIBER PSI08�647H -' - -'S ESTIDATED BY MCNJLJRPHEY COSTING DATE O1, 24,2014 PRINTED BY MCNJLJRPHEY ACT.B 10, Ih „ililh °uglh II � up °� r i f: ;;uu Page 37 of 164 "" MAINTAIN PROPRIETARY CONFIDENTIALITY " " " "" BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF AUBURN WA LOCATION AUBURN DETAILS OF ESTIMATE PLAN ITEM PSI05�64711 VERSION PURPOSE. JUSTIFICATION AND DESCRIPTION INSTALL ADVANCED PREEMPTION CIRCUITS AT 67TH STREET IN AUBURN WA. NORTHWEST DIV. SEATTLE SUBDIV. LS 00 1 MP 19.16. DOT; OS�647H. SEQ. 4066 MONTHLY POWER UTILITY COST CENTER 6liO4 THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY. THEY CAN BE EXPECTED TO CHANGE .AFTER THE ENGINEERING PROCESS. DETAILED AND .ACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED. CONTINUING CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. THIS ESTIMATE GOOD FOR 90 DAYS. THEREAFTER THE ESTIDIATE IS SUBJECT TO CHANGE IN COST FOR MATERLAL. LABOR. AND OVERHEADS. SIGNAL WORK ONLY THE CITY OF .AUBURN IS FUNDING THIS PROJECT 10000. MAINTAIN PROPRIETARY CONFIDENTLALITY DESCRIPTION QUANTITY UTJ COST TOTAL $ LABOR SIGNAL FIELD LABOR - CAP PAYROLL ASSOCLATED COSTS DA OVERHEADS EQUIPMENT EXPENSES INSURANCE EXPENSES TOTAL LABOR COST MATERLAL 6 ISLAND RELAY .APT JCT BOX CABLE GATE DN RELAYS HAWK -FS DIM LED. LIGHT ADJUSTMENT PRE -EMPT RELAYS PRE -EMPT TIDJER RELAY RECORDER. EVENT SHUNT. NBS MATERIAL HANDLING USE TAX OFFLINE TRANSPORTATION TOTAL MATERLAL COST OTHER CONTRACT ENGR. DIRECTIONAL BORING TOTAL OTHER ITEMS COST PROJECT SUBTOTAL CONTINGENCIES BILL PREPARATION FEE GROSS PROJECT COST LESS COST PAID BY BNSF TOTAL BILLABLE COST 120.0 MIT 6.660 "16 3.348 969 �6 F 10.427 10.427 6.0 EA 2.100 1.0 EA 4O 1.0 LS 6'00 1.0 EA 700 1.0 EA 1.400 2S.0 EA 7.000 6.0 EA 2.100 6.0 EA 556 1.0 EA 6.500 -F.0 EA 6.784 1.6� F 6.090 411 65.24 65.24 1.0 EA 6.600 100.0 FT x.000 10500 10500 X9.151 x.915 6�.7�O 0 6�.7�O ACT. B u u llw4u�11: II u u f 2 Page 38 of 164 EXHIBIT "C" lilsilori till f III 1110 1. ' � IIII ° l uu r ui ui ui 1111, III 1111, "? 1 till I � EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and /or right -of -way, hereafter referred to as "Railway Property ", during the construction of 37th 085647H at B Street Preemption. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C -1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C -1 ". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214 - 303 -8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and /or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C -1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any 16 ACT.B Page 39 of 164 such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify (Agency) at and Railway's Manager Public Projects, telephone number ( ) at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file • 1.01.07 For any bridge demolition and /or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty -five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF -UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF -UPRR Guidelines for Temporary Shoring ". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering 17 ACT.B Page 40 of 164 Association) Coopers E -80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and /or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer at ( ) and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. 18 ACT.B Page 41 of 164 • 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15-0" Horizontally from centerline of nearest track ■ 21' -6" Vertically above top of rail ■ 27' -0" Vertically above top of rail for electric wires carrying less than 750 volts ■ 28' -0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts ■ 30' -0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 34' -0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: ■ 25' Horizontally from centerline of nearest track ■ 23' 6" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the (Agency) and must not be undertaken until approved in writing by the Railway, and until the (Agency) has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and /or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by (Agency) for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. 19 ACT.B Page 42 of 164 • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the l a �00 p . °" ii �: ?!' of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection /On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection /on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. • 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad's property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad's Employees, Hazardous Materials on Railroad's property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. The required background screening shall at a minimum meet the rail industry background 20 ACT.B Page 43 of 164 ,E' ~,: rA screening criteria defined by the e- RAILSAFE Program as outlined at hqp / /www.e- railsafe.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e- RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e- RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e- RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e- RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone ) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and /or within twenty -five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25 -feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. 21 ACT.B Page 44 of 164 • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of flagger services provided by the Railway will be borne by A enc . The estimated cost for one (1) flagger is approximately between $800.00 - $1,600.00 for an eight (8) hour basic day with time and one -half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average train traffic on this route is freight trains per 24 -hour period at a timetable speed MPH and passenger trains at a timetable speed of MPH. 22 ACT.B Page 45 of 164 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag /work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832 -5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. 23 ACT.B Page 46 of 164 • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above - the -ankle lace -up and a defined heel; and d) high visibility retro- reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi- visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will overn. • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25' -0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY /RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 24 ACT.B Page 47 of 164 1.07 Excavation: • 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation the Contractor must contact Illlmlll "iii,llll' °" III °lii.11l� Ill alum 1111111 iii III III mw All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and /or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non - containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832 -5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and /or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 25 ACT.B Page 48 of 164 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non - Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352 -7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. 26 ACT.B Page 49 of 164 RA AZ WA r NON- EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident /incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: ❑ Passenger on train (C) ❑ Non - employee (N) (.e., emp of another railroad, or, non- BNSFemp involved k vehkk accident, iocloding company v,-hic ks) ❑ Contractor /safety sensitive (F) ❑ Contractor /non - safety sensitive (G) ❑ Volunteer /safety sensitive (H) ❑ Volunteer /other non - safety sensitive (1) ❑ Non - trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates ❑ Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates ❑ Non - trespasser (J) - Off railroad property If train involved, Train ID: Transmit attached information to Accident /Incident Reporting Center by: Fax 1- 811 - 352 -1595 or by Phone 1- 800 - 691 -6136 or email to: Accident-Reporfinq.Center@BNSF.co Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY IMTH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 27 ACT.B Page 50 of 164 MOM- EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City /St: County: ku nun oiuJr wLauun) Mile Post / Line Segment: 5. Driver's License No (and state) or other ID: 6. Name (last, first, mi): 1. Address: 8. Date of Birth: Phone Number: 9. Injury: (i.e., Laceration, etc.) 11. Description of Accident (To include location, action, result, etc.): 2. Date: 3. Temperature: SSN (required): Time: 4. Weather: City: St: Zip: and /or Age: Gender: (if available) Employer: 10. Body Part: (i.e., Hand, etc.) 12. Treatment: ❑ First Aid Only ❑ Required Medical Treatment ❑ Other Medical Treatment 13. Dr. Name: Date: 14. Dr. Address: Street: City: St: Zip: 15. Hospital Name: 16. Hospital Address: Street: City: St: Zip: 11. Diagnosis: ACT.B Page 51 of 164 REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMEN'T'S AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 EXHIBIT "C -1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: Agency Project: < %Contractor. Legal Name %> [Insert contractor's legal name here](hereinafter called "Contractor "), has entered into an agreement (hereinafter called "Agreement ") dated 201 III Sul,mIIII:: "ul " : IIIIII. uIIII. ul' III° III hlu::" �.mIII. I III hlu::" �: °urIII °III °urm� III h: IIII." urIII hlu:" m III' III " III' III' tIIL.^' with IIII III "II I II i ` gy I I (1. m„ ulm.m' for the performance of certain work in connection with the following project: Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway ") right of way and property (hereinafter called "Railway Property "). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for liiulllll° .urlll ' m mullIII ul!l;1uulliul 1111111 @multm" i executes and delivers to Railway an Agreement in III .................................................................................................... ............................... O Y g the form hereof, ..... and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right -of -way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE ACT.B Page 52 of 164 INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. ui m i iii t ui. ui 111 A III III iii ,f III III III Iii m: w. "CE Ilh iu ° ui ur :° ui ui Iii m: ur m: Iii III III ur ui .:)Iii ui IIL IIG iii Y "iii III ui m :III m: Y "iii :: w �,.;: a ur �. I � � °� ru Iii ui m µ �,.;: III iu �. x,.;114 ���� ul °iii° III °iu h iu �:: :� w��� ur m: III ui i ° ui. ur ui m, m: ur ui a ui ui m µ ur ° 114 III m iii° III iu. w :° ur �:' IIII,' ur °iii III iu. III : iii:: ur iii ui �,.;:. w ui °iii° III °iu 111.......111 ur m: III Vi i ° ui. ur Iii m ur . IIG III m :. °iii Ilh iu t: W 111' "iii II "iii II ..III' iii III ui ur a : °iii W ui iii Ilh,11 °iii° III° iu t W :° ui I III III ;.. III .: III III VIV Iii ui ui m This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of Railway or its contractors, agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence or other acts or omissions of (a) Railway, its contractors, agents or employees and (b) Contractor, its subcontractors, agents or employees, this provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, agents or employees. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Contractor's employees against Railway, its agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. ACT.B Page 53 of 164 A6W~ SrA In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY'S ACTS OF NEGLIGENCE. III ! m D ui xflI ° m ui. 1111111 1i 11110!!- 111' . ' ii u1 11111 It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2) TERM This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 3) INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: B. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ACT.B Page 54 of 164 ♦ The policy shall be primary and non - contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non - contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. E. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ACT.B Page 55 of 164 ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self- insure without the prior written consent of Railway. If granted by Railway, any self- insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self- insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: ACT.B Page 56 of 164 Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s) /broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then - current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self- insurance) is obtained by Contractor shall 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 Railway shall not be limited by the amount of the required insurance coverage. ACT.B Page 57 of 164 In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC ", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ( "Sales Taxes "), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's sole cost and expense, contest in Contractor's own ACT.B Page 58 of 164 ,6' ~,: rA name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit "C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and /or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (hLp:/ /www.bnsf.com /communities /fags /permits ®real® estate /), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 6) TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive /penalty contracts between Railway and its customer(s). Under these arrangements, if Railway ACT.B Page 59 of 164 does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and /or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway's representative ( ) (_) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. ACT.B Page 60 of 164 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written. < %Contractor. Legal Name %> By: Printed Name- Title- Contact Person- Address- City- State, Zip. Fax: Phone: E -mail: BNSF Railway Company Name: Manager Public Projects Accepted and effective this day of 20_. ACT.B Page 61 of 164 Version 11/10/2009 Has Form been revised for this request? RAILWAY ❑ YES, Revision Date: ONO HIGHWAY -RAIL GRADE CROSSING TRAFFIC SIGNAL PREEMPTION REQUEST FORM The Road Authority traffic controller circuitry requires railroad preemption contacts to initiate the preemption sequence. Per BNSF standard, we will provide normally closed "dry" preemption relay contacts to interconnect the railroad active warning system to the Road Authority traffic signal controller assembly. These contacts are rated at 4 amps. With no trains in the area, these contacts remain closed. The Road Authority Traffic Department will be responsible for installing the interconnection cable between the traffic signal controller and the crossing warning signal control housing. If exit gates are utilized, the Road Authority Traffic Department will be responsible for installing and maintaining the "in pavement" vehicle detection loops from the street to the cable junction box. To estimate and or design the crossing warning system, BNSF needs to know certain timing parameters. Definitions: "Advance Preemption" — The system will be designed to open the preemption contacts for a predetermined amount of time (Advance Preemption Time) prior to activation of the warning devices (flashing lights). "Simultaneous Preemption" -- The system will be designed to open the preemption contact at the same time the warning devices (flashing lights) are activated. Additional warning time may be requested. "Gate Down Logic" — Per BNSF standard, we will provide normally open "dry" gate down relay contacts to interconnect the crossing warning system to the Road Authority traffic signal controller assembly. These contacts are rated at 4 amps. The system will be designed to close the gate down contacts upon the gates arrival in the down position. This logic is normally utilized to hold track clearance green until the gates are down since the time from preemption to gate down will vary depending upon the traffic signal cycle. "Minimum Warning Time" — Per the MUTCD and FRA regulations, BNSF must provide at least 20 seconds of warning time for through trains (typically main track applications). However, per BNSF standards for constant warning time train detection equipment, the system will be designed to provide a "nominal" warning time of 30 seconds to ensure MUTCD /FRA minimums are met and to compensate for accelerating trains and ballast conditions. "Minimum Track Clearance Distance" — For standard two - quadrant railroad warning devices, the minimum track clearance distance is the length along a highway at one or more railroad tracks, measured either from the railroad stop line, warning device or 12 ft. perpendicular to the far rail, along the centerline or edge line of the highway, as appropriate, to obtain the longer distance. For locations with exit gate warning devices, the minimum track clearance distance is the length along a highway at one or more railroad tracks, measured either from the railroad stop line or entrance warning device to the point clear of the exit gate. Note that in cases where the exit gate arm is parallel to the track(s) and/or not perpendicular to the roadway, clearance will be either along the centerline or edge line of the highway, as appropriate, to obtain the longer distance. When (entrance) gates are used they are typically designed to start their decent within 3 to 5 seconds of the warning lights flashing, descend in an additional 10 to 15 seconds, and reach horizontal at least 5 seconds prior to train arrival per FRA regulations. The length of the railroad's control circuit approach distance is directly related to the amount of requested "Advanced Preemption Time" (APT). Typically, the longer the APT requirement is, the longer the approach distance, and thus the more control equipment that will be required. ACT.B Page 62 of 164 With the above items in mind, please provide the followinq information to help us process Vour request Date: 03/05/2014 Request by (name/title): Jacob Sweeting, PE Crossing Street Name: 37th Street NW DOT #: 0856471-1 Parallel Street Name: B Street NW District: City: ALiburn County: ling State: Washington Traffic Engineer: Jacob Sweeting, PE Phone: 2538043118 E-mail: jsweeting@auburjiwa,gov 1) Is this request for Simultaneous Preemption? [:1 YES Z NO If "Yes" what is your requested Additional Warning Time? (if Additional Warning Time is required) _ Seconds. 2) Is this request for Advanced Preemption? M YES [:1 NO If "Yes" what iis your requested Advanced Preemption Time? 23 Seconds. 3) Will this location utilize exit gates? ❑ YES M NO The following questions should be completed if this location utilizes exit gates: 'Thie exit gate arm(s) shall operate in one of the following modes of operation known as the EGOM (exit gate operating mode): a. Dynamic EGOM — A mode of operation where exit gate operation is based on presence of vehicles within minimum track clearance distance (MTCD). 1) The exit gate arm(s) shall be designed to start downward motion after the vehicle detection system indicates no vehicles are located within the MTCD and any (optional) exit gate clearance time has completed timing. Note that the entrance gate arm(s) and the exit gate arms) may start downward motion almost simultaneously if no vehicles are located within the MTCD. b. Timed EGO' M — A mode of operation where exit gate operation is based on a predetermined tirne interval. This mode may be used if the vehicle detection system (Dynamic EGOM) is unhealthy. 1) The exit gate arm(s) shall be designed to start downward motion a predetermined number of seconds after the entrance gate arm(s) start downward motion. Note that the entrance gate arms(s) may or may not be fuilly horizontal at the time the exit gate arm(s) start downward motion. This timed value is known as the exit gate clearance time (EGCT). 1) The BNSF standard is to use Dynamic EGOM and! revert to Timed EGOM if the vehicle detection system is unhealthy. Is this operation acceptable? ❑ YES [:] NC 2) When operating in "Dynamic" exit gate operating mode, how much exit gate clearance time (optional) do you request? seconds. 3) When operating in "Timed" exit gate operating mode how much exit gate clearance time do, you request? seconds. Cornments'. Please contact the BNSF Signal Engineering office at (913) 577- 5570 with any questions or possible changes to the above requirements. ACT.B Page 63 of 164 44th ST (S 285TH NW d co ST) 42nd ST NE z BPLNW 40th ST E w E- z �. o z. E z th ST NW . 7t S a RI a � z 35th � H U) o� z. co m . PROJECT SITE Cn 1-4 � aW z 31st ST NE 30th ST NW 30th ST NE W a 29th ST N 29TH S NW E- BRA 0 H 28t ST NE P A UB URN o z q z ° q MUNICIPAL 24th ST NE w Q 23rdNE z z a 22nd ST E A _T AIRPORT z w z X E E— w P4 18th ST NE Ul 17th ADCITY Of BURN 37th St NW and B St NW Pre Signal Project Drawn: January 2013 - WASHINGTON ACT. B VICINITY MAP Scale: 1 inch = f��t64 O N 4 'Alu,BURN VVAS I � I N G "i'(') N' AGENDA BILL APPROVAL FORM Administrative Recommendation: Public Works Committee recommend City Council approve Final Pay Estimate No. 25 to Contract No. 11 -01 in the amount of $57,974.43 and accept construction of Project No. C201A M Street SE Grade Separation (Underpass). Background Summary: The M Street SE Grade Separation (Underpass) project lowered and widened M Street SE from 3rd Street SE to 8th Street SE and created a grade separated crossing at the BNSF railroad tracks with sidewalks, bicycle lanes, 5- lanes, and street lighting. A project budget contingency of $0 remains in the 102 Fund. Reviewed by Council Committees: Councilmember: Osborne Staff: Vondrak Meeting Date: August 4, 2014 Item Number: ACT.0 ACT.0 AUBURN * MORE THAN YOU IMAGINED Page 65 of 164 BUDGET STATUS SHEET AUBURN - M Street SE Project No: C201A Project Title: M Street SE Underpass Project Project Manager: Ryan Vondrak Date: July 28, 2014 O Permission to Advertise Initiation Date: February 24, 2003 O Project Update Advertisement Date: December 8. 2011 O Contract Award Award Date: January 6, 2012 O Change Order Approval Contract Final Acceptance Funds Budgeted (Funds Available) Funding Prior Years 2011 (Actual) 2012 (Actual) 2013 (Actual) 2014 Total 102 Fund - Traffic Impact Fees 2,195,160 933,100 897,584 116,061 991 4,142,896 102 Fund - Unrestricted Street Revenue 3,624,511 2,411,200 150,000 1 5,902,977 1 136,254 150,000 102 Fund - Traffic Mitigation Fees 660,000 (0) 3,358,443 660,000 REET2 169,420 970,580 1,140,000 430 Water Fund 7,668,242 150,000 11,278,544 150,000 Federal Grants 419,792 452,580 30,739 872,372 FMSIB Grant (State) 5,296,864 693,136 33,566 5,990,000 TIB Grant 1,648,866 961,081 10,973 2,620,920 King County 180,139 54,940 840,891 39,572 i ''1f1 1,115,543 Ports of Seattle and Tacoma 1,157,100 385,700 41,718 1,542,800 BNSF 95,081 478,000 95,081 478,000 Public Works Trust Fund Loan 49,960 1 3,229,427 1 124,291 1 3,353,718 Total Funding 3,624,511 2,411,200 10,141,306 1 5,902,977 1 136,255 22,216,249 Estimated Cost (Funds Needed)` Activity Prior Years 2011 (Actual) 2012 (Actual) 2013 (Actual) 2014 Total Subtotal Design Costs 2,276,398 398,317 14,209 1,612,086 Construction Engineering (Consultant) 2,688,924 * Costs do not include the Auburn Black Diamond Road By -Pass Road Estimated Cost (Funds Needed)" ` Costs do not include the Auburn Black Diamond Road By -Pass Road * *Change Order No 6 was a zero dollar change order 102 Arterial Street Budget Status Prior Years 1 2011 (Actual) 1 2012 (Actual) 1 2013 (Actual) 1 2014 1 Total Activity (Actual) 2011 (Actual) 2012 (Actual) 2013 (Actual) 2014 Total Right -of -Way Phase (Acquisition and Relocation): 3,624,511 2,411,200 9,991,306 1 5,902,977 1 136,254 Subtotal Right of Way Costs 1,348,113 2,010,595 (0) 3,358,443 Construction Phase: 102 Funds Required 0 Construction Contract Bid 7,668,242 3,610,301 11,278,544 Change Order #1 30,739 30,739 Change Order #2 33,566 33,566 Change Order #3 66,803 66,803 Change Order #4 i ''1f1 i ''1f1 Change Order #5 41,718 41,718 * *Change Order #7 95,081 95,081 Change Order #8 49,960 49,960 Change Order #9 291,121 291,121 Line Item Changes 107,692 73,785 181,478 BNSF Construction Work 871,976 732,775 7,335 1,612,086 Construction Engineering (Consultant) 1,452,564 691,288 2,143,852 Construction Engineering (City) 1 1 2,287 1 103,840 1 186,268 1 55,134 1 347,530 Subtotal Construction Costs 1 1 2,287 1 10,127,361 1 5,902,977 1 136,254 1 16,168,881 PROJECT TOTAL ESTIMATED COSTS 1 3,624,511 1 2,411,200 1 10,141,306 1 5,902,977 1 136,254 1 22,216,248 ` Costs do not include the Auburn Black Diamond Road By -Pass Road * *Change Order No 6 was a zero dollar change order 102 Arterial Street Budget Status 430 Water Budget Status Prior Years 1 2011 (Actual) 1 2012 (Actual) 1 2013 (Actual) 1 2014 1 Total ** 102 Funds Budgeted or Anticipated () (3,624,511) (2,4111200) (9,991,306) (5,902,977) (136,255) (22,066,249) 102 Funds Needed 3,624,511 2,411,200 9,991,306 1 5,902,977 1 136,254 1 22,066,249 102 Project Contingency (0) (0) (0) 102 Funds Required 0 0 430 Water Budget Status ** ( # ) in the Budget Status Sections indicates Money the City has available. ACT.0 Page 66 of 164 Prior Years 2011 (Actual) 1 2012 (Actual) 1 2013 (Actual) 1 2014 1 Total ** 430 Funds Budgeted or Anticipated 1 (150,000) (150,000) 430 Funds Needed 150,000 150,000 430 Project Contingency 430 Funds Required 0 ** ( # ) in the Budget Status Sections indicates Money the City has available. ACT.0 Page 66 of 164 D n CIT'YOF AUBURN PAY ESTIMATE #25 & I=INAI= CONTRACTOR: Scar a 13-others, _nc. PC Box 68697 eattle,WA 98168 Phone- 253 - 872 -7173 . 11 -01 M Street S. Grade Separation The undersigned have reviewed and approved this pay estimate for this period. All quantities shown for this estimate period are believed to be true but are only considered estimated quantities. The owner and contractor shall not be responsible for any errors or omission in this pay estimate. Any adjustment to quantities shall be made in the following pay estimate or during the closure to this project. PAYMENT DUE TO CONTRACTOR = $ Signatures: Contractor Inspector Resident Engineer Project Manager v c0 CD rn 4 0 rn Date Date Date Date h:\proj\pe\MStreetGradeSeparation—C201A—PE25 final pay.xlsx 1 of 15 7/23/2014 at 2:24 PM C) M Street SE G-Facle Sen--ratjo- SCHEDW-E A: Sftset --ravemnents Contract NO TAX Retainage (-5%) SCHEDULE TOT AL SCHIED101— B. King Cownt Sewer Utilby --m-pn (D CF) (D 0 h CF) h 1pQfp.lMSt� - ­:Cmd�Sep.mti­ Q201A F_725=,. p.y,- CITY OF AUBURN C201A PAY ESTIMATE #25 A FINAL CC_ KO_ 11-01 M Sww SE G, ade S.Paration; k Stme1 . MvpF -Vemuems ITEM NO. ITEM DESCRIPTION ESTIMATE OUANTFry TOTAL QUANTTry PERIOD rY QUANTF_ UNIT TYPE UNIT COST TOTAL COST PE COST PERCE EST 1 2 Krio- Changes -o-t- eq-q _.mivad - - ; am: 5�: 1.75 4E-I5857 Ea, A& LS -S S 310.DLO�00 5 263,V,6,88 30.000 00 5 46:795 -t:7 1n6 Oa,i SPCC Plan 1 LS S 2.500.00 2.573 CC S 100-0; U%itv �cihollnu 30 EA S 500-00 S 28,000 S 186-711 B Progress Schedule 1 LS S 5.040-30 S _-_00000 S 6 mCbi;rzaqG:-: 1 LS 5 1.064 cmcl co 060 430 00 $ Size signfs7 2 2 EA. 8 9 10 'Traffic Control SUDervisor rairc Con7ol Labor (Mg- Bid $35 00 pe- h our Construction Signs Class A 7000 500 i 1 1661 521.5 LS HR SF - 25,000.00 S .5 3 3-00 S S 1800 25.00•_00 S 5813500 S 9.38100 $ 750.00 100_C%i 237' 104_31� 1 1 eu.-.e.-na Arrow -1. 90 26 5000 12 Ponab'e Changeab:e Message 8: Pol.ce LaDo i 1725 00 DAY ta.vi. ,A S 7500 5 S 12937500 S 14 .5 Deanna a'a GruDD:r­:_ Roadside CleanuD 1 0 -12- LS Ep- Am- 5 IC-444-00 S 15-001 plo 10- COD QG 1.W 53 S $ 12_3%1 .1 Removal o--3T-jct ms an, Olosiructions 1 LS S 25.464.74 S 25.000.00 S RaFno-Va; c' F rice 18C5 1054 LF S 3.00 316200 S Remo,al & Steel Cas:na 7Q 110 LF S 10 -4L 146 -77 -15 1 19 - ReTcval of Catch Ba5i;-, o- S-Orrig manhole Removaz of Sturm mi D. f�ipe 98 = 1400 28 '.400 EA LF 3 735 cc 6.00 a 406--00 S_ 8A00.00 $ 155'6 "c 10 0 0 21 Re7-.ova! o` mycimpt a 8 EA S 600 f1c ­800 00 S W C�i i 22 3 �teMO-Val 0TV-1 Wer N! ale- 21 14 F-A 3 2[10,00 2800-00 S 6 7 23 Rernova. of ~ate' Line 2359 t 2359 LF S 600 14,15400 S 100 24 Roadway Excavation Mc au. I 41424 40454.9 CY 680 275,1,q3 32 S 97 _,g! j Roadw&v Ex capato- Includ.nc Haul 1 24 - CO-_31Rd °te3,, =Xvavat()p -w, 933 1000 900 1000 CY 6_80 i 6.80 S 6,120.00 15,800 -ou S 1 Uo C° 25 I and Ex`cava'c.o7i mc.uaing Hwa<: 1900 1900 CY S 6_80 '292000 S 26 - j Embarikmeri'c F:l - Raicroaa irsuitaci=e Foondabon Excavabri- ..-:civa:-:g Fla— 1380 1 1000 2467.84 0 `ON CY S 1235 S r 680 3047782 F i 28 Rern_-va. of Coo-Mmi.na-en So.. 1 20.35 Eq. Adi. S 10=10_0c S - 2C3.462 47 S 20:14 - & % 29 Subgrade Preparation 14100 14100 Sy 0.50 7.050-00 S 100.4 °_ 30 S1 -emDo-&v ShonnQ all I Snonrig-- ri, Extra Excavaljon 0«ss A I LS LS S 230- 000 0_0 S S_ co S 22CU003,30 S 32 1 -Snomng or Extra Eczvatiori C-:as5 B 45426 41.536 SF S 030 S 1246G_80 S 32 - (-rTA' nmgrig o- E a &xcavaucin Class B -73625 0 SF S 0.30 S 220,38 6 vabo:-: Gass B fo, P.m Stafor, 504 500 SF 5 4Ew.00 S 2GX0C,0;) S - -C 1-3-ave Backfi for -Wa.ls 1812 1812 Cy S 25.75 03.0 °E 35 Construction Geotextile for Underground Drainage ab - j Onstiiadtton Geotexble for Underground Drainage 1367 i 183 33 160 183 s3 SY SY S 300 3.00 48000 5°.9.99 S 15 117% m- Georext.e for Perrriarieril DrosiOi Como( 221 0 SY S 3_00 37 8 1,1:-_:sh,-< 5u--ac.ng Top Cause j Crushed Surfacing Base Course 560 7362 155382 •• 698 A 0 N $ 2650 S 15 cc, S '17 41 1 &23 145 476 DQ S S 277 5% 131 41� 38 - cot-d. I crush ad Su--.CMQ Base Course 3i199 30A9 -ON $ 1500 464.85 S Ian e°� 39 [Gravv Backf! forWa, [rt 41A C1 iG -IINCH F'G � -22 3887 3585 312516 4057 6� -0% -ON S 15.40 5 75 00 46 37740 S 304,323 DD F. )d D SCHEDULETOTAL $ 47,766.45 h 1pQfp.lMSt� - ­:Cmd�Sep.mti­ Q201A F_725=,. p.y,- -ITEM NO. ITEM DESCRIPTION 41 :HIVIA C:. I-INCH PG _64-22 42 __T i A5phaft Cold Patch TOTAL PERIOD QUANTITY QUANTITY la 44 iMariffiq Bftum.reus Pavernent 4_5 Temwi ary, Pavement Patch-no 46 [job Mix Coffin a-ce Price Adjustrne!­:t S 71.00 S IFomria60rit Price AdjQstreent 48 1--cric, ere Claw 4000 fo- 13ace Abutwe-ts 49 St. Reif. Bar wi Sdidge AbUtrrienm 20000 5 [Pnaccas: Retaming Wall Gau 51 Minor Wall R ac-ast Retain Wall Cari 52 Furnish and Mstai, Bridge 3QDeTs!r-jcture_5 53 Fixed Timber Ballard 54 Single Slo-pe Concrete Bariie° 55 Cone, Class 4000 for Concrete Barrier Wall Re..,f. -Ba:- fo- $ 3.50 S Conc. Class 4000 forlRem'n6g Wal. 58 J St. Resinf_ Be-for Retaining Wal! 59 Modular B:crk Wall s 12.00 S jflodula- Block Gfavu,,, Wall 61 Prefabricated Dra.r d Mage Mat for Soil Nell. Walls 69 - CC 31 Prefab ricated Drainage Mat for Soil Nei: Wal-S 62 i Soil Nail - Ebox Coatea Soil 'pail - Erirai)swatad 63 - Soi Nau - Ericapsjafad 64 So- Na.. -- adcaticn Test 65 Soi, NaHR-wfTe-st 66 j Vertical Nails r66- - C04, 'Vans . FSPA - CO-l'. V --tidal N V s E6A - C-09-1 Veruca; Nai s 67 Concrete Fascia ParW. for So. Nail Wall 68 69 'Shaft - 36` Diameter far Bi-11ge Furn-snmg Soldier Pile for B-Idge - W14X159 Remov­q soldfar Pile Shalt otfsti icflona 7 a 2 � Shaft - 24' D" meter co,12 Shaft - 24� Diarnote, C0#2 Shaft - W­ Domiee- Fumish.n. Soldier Pile - VV I 2x53 74 °umisriinc Soldier Pile - W1 2x! 71, 1 P; eftbroated D, a.- de- PileWalls ,7 •oncrete Fascia Panel-:-, Soldier Pile Wall 78 rerrnanent Ground Aricnor far BridgeAk-ulmems 79 Pamarien. . Ground Ancho- Derformanre, Test for sc 1 lermartent Gro.rid Anchor Verification fe cr 3 (D 0 0 h CF) 4 of', 7:2n()14 at 2:24 PM CITY OF AURU C201A PAY ESTIMATE #25 & FINAL rz ; '0- : ,I BE a-E a SCHEDULE Stmat Imp,", e.�nts ESTIMATE OUANT-TTY TOTAL PERIOD QUANTITY QUANTITY UNIT TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST- QTY1 4720 426416 TON S 71.00 S 30275536 S 90.3% 50 2475 TON 20000 5 4,950.00 49Z% 300 40815 TON $ 11000 $ 44,1396.50 S 1361% 2108 isgo SY $ 3.50 S 5,530.00 E 75.0% 1670 2856.79 SY s 12.00 S 3428148 S 171A% 1 0 CALC S 1 j 0 CALL _001 $ 00 j 100 C=' $ 845.00 S 84,�Wov 0 0 - C. % 26800 26801 110 $ _ 29_480e0 925 1 925 _CF S 6700 S 61975-00 67 67 LF $ 90.50 S 6,063.50 S 100.01% Ls $ 5 J GO clu $ 1.905.00000 1000% 14 EA S 350.00 S 4.900-00 S 1400% 616 616 .-F $ 77Z0 4774000 $ 00 88 88 S 52500 $ X5,200.00 $ 100.0 . 13100 13100 $ 9 -10 14,410.00 $ 385 I 21,600 385 26600 CY S 415.00 S S ---- - -------- '59775_00 S 29.260.00 S 000% GO - 1932 2345 SF S 2200 3 s9.590,03 121,4% 995 949 SF 9 20.878.-0 430 491 S 3.931.20 114-3% 79 O SY $ 8.00 -S - S 0_0% 17 ° S 800-00 3 93600.00 S 300 300 EA 495.000 fici = $ 3% =1 11 E-A S 650 18,150.00 $ 1003p,. 7 6-5-, EA $ 2-OW00 S 13.000.O' S 92.S% 25 23 EA $ 300-00 6.900.00 S 4535 566875 SF $ I 0_Q0 '25-0% 1325 11 SF 8 1000 S - 5 224 34345 SF $ 26.05 5 8,946.87 $ 153-3% 739 9620 0 962C SF SF $ 5 35.00 S S 336J00,00 $ 0,0% lon.0% 1100 1100 LF 160.00 $ 175.00000 $ 9930 LF 153.00 S 972.89000 $ 0.79 • Ea. A& 60 OW00 $ 47;296-7- 5 7&8% 220 1472 LF 15.00 S 2208.00 S 1318 465.1 _ LF 80.00 5 37208-00 S 35.3% -77 0- LF 3 80.00 S - S 0-0.. 777 ­8 LF 12320 S 94,61760 777 780 LF 5 76.00 $ 59,280.00 100.4', 505 504 3 . -P $ 125-00 S 63.037.50 3 99.9% 4235 L 4530•-18 SF S 12-00 S 54360, 96 S 1070% 230 230 SY S 10-00 S 230000 S Ice-O% 3470 3470 SF S 58.00 S 20126 °0.00 100.0% 20 20 EA S 250000 S 50-000-00 S Awfmenrs 3 3 EA S 800.00 $ 2400_00 S . 110 0% bmlrmerfm 1 l S 4 -000 DC S 4,000.00 S - 47_756_45 4 of', 7:2n()14 at 2:24 PM CQ (D 0 h CF) CITY OF AUBURN C201A PAY ESTIMATE #25 & FINAL Co. NO- 11-01 M St et SE G,.de Separavoo SCHE-_- A-, Stmet - pm-,ariwnrft ITEM NO. ITEM DESCRIPTION ESTIMATE QUANITrY TOTAL PERIOD OUANTTFY QUANTrrY UNIT TYPE UNrr COST TOTAL COST PERIOD COST PERCENT EST-7, QTV_ 81 - Penmanent Ground Anchor 39 39= 3 2.500_00 97,500 _00 82 1 le-mapent Ground Anchor Perlbrmance Test 3 EA $ 800.00 5 21400-00 $ 83 : parmagent G 1 - LS $ 4,000.00 S 4_000 00 S 84 .3hoterete Facirlg 84 - C043! Shorcrele Facing 9710 120 9710 SF SF S 15.00 15�00 9 94>.65000 S 1 80000 S S j0_0% loo,-� i 100.0 °t _SR1E 85 mom-toling LS S 1500000 5 1500003 $ 86 Monitoring at Railroad Bridqes 87 PVC underdra n Pine - 4-inch Diary. 88 'PVC Underdrain Pipe - 6-inch Diam. 1 1 987 1 749 9080 LS LF LF S 15-000.00 $ 12.25 S 14.00 S 115,000-00 $ 9A75.25 $ `5.120 -00 S $ 109.4'. =4 89 PVC Draw MID* - 4-mch Dam. 232 3 6- LF S 1105 a 397�90 $ d is F- -S C- Grain P' -pe 796 637 = F Si 1730 5 11,020,10 a 80 n%j 91 Dra.-- G:earlout 'wa as 35 RA $ 275.00 S 9.625.00 S 00 0% Yard Dram 8 8 EA S 600.00 S 4.800.00 S 1x0.0 °.4 93 1G..mve; Backficl for Drain 93 - C00�41Gavel Backfill for Drain 989 375 153.26 375 CY CY S 2575 25.15 & 394645 S S 965.63 SCII'd Wall Poly-viny! Ghkoriiide "m , Storrn Pipe, 8DR-35- 8 inch Mar-n, 130 104 LF S 22.85 S 2,37640 S 80.0• Solid WaR Polyvinyl Cnconde '-VG) Storm Paps: SDR-35; 12 inch gs 1316 12071 S 28.15 S 36.229.05 S _'Diam. So.id `dial; polyw`mA --nao-'a . e(PVC! Steim. Noe, SDR-35; '8`ch 1865 1837 LF S 4320 S 79_3583G S =a We., Po yvmyl CnIonae IPVC) Storm Pipe, SDR-35. 18 in 96 - CO`-A, Diam. Ductle Iron Piipe. Special C 52, Storrn PIP--; 8 inch D' . rm -28 246 1 - 245 LF LF 5 43.20 S 5410 5 S $ 5 1-209,60 -Dinfle iron Pipe; Special Qa5s 62; -51wm Pipe 98 10 inch Diam 80 so LF $ 6&00 $ 5.440-00 $ 99 'Ductile Iron Pipe, Special Class 52, Storm Pi De. 12 inch Diam. 328 31- 80A0 S 25391 7 S 96-E zoo Dj, :e Iron IlDe. Speda: Glass 52. Storm Pie. 18 inch Diam. 1C1 Reinforced Concrete Storm Sewer Pipe, Cl. V, 18 inch Diam. 90 138 90 43 LF S 12500 60-510 S 1125000 $ 2:601.50 S S 100-01, ReNvorceec Concrete Smqn Sewer Pipe; Cr, V; 18 McP Diam, -95 0 L F S 60.50 S 50 '02 m I-ewe- TeIem:SI071 h. -0- Dec 4-473 4445 LF S 10.001 25 S 99A% 02 - CO" Sloml Sewer -e' cw ision lnsDectb�l -123 i 0 123 LF S 2.25 S S 27675 0.0% 103 I Storm. N A.anhole T 48 inch Diem, 8 9 EA 2,350.00 s 21,150 `04 Szorrn Mannole-ype 54 incin Diam. 2 2 EA 5 2.800.00 5 5-600-00 S 0-3. G% 1=05 Stern N! arl"cle Tyre 3; 48 -n h Diann. 11 1 EA -S 2.27&00 S_ 25�02540 5 100,0�� 06 !Storrn Ma mole T-me 3. 60 inch D"-m- 2 EA 1315.00 S 663000 9 2000% 107 _VVaterlJghtMammI.e_..m wd&m-5 e and a 2 2 EA 750.00 S 1,500,00 $ 08 catch Baun Type 34 39 EA 1:180.00 $ 46.020!00 $ :14.79=,; ms !C-z;.Ch Basin Type 2, 48 inch D. 2 EA !K 2.260.00 S 4_520.00 S 200.0% 09 - CO*A Gatch Bas .n T ype 2, 48 inch D.am- 0 1 Ell $ 2-260.00 S - S 2.2 110 1 Gach Bas n T ype 2, 5A. :ch D­ i EA S 2,560.00 S 2-560-00 3 00.0% Inch D.-M with Row Restricto- iCVch Basin Type 2. 60i i i 5,600.00 S 560000 S 112 s PGndOve_-f11ow3 iE cWre 1 1 EA 1­400_00 S 640000 5 IGO 0%. 113 !Sdash Bar":- Combination Meet 2 7 2 7 EIA EA 80000 S 1_60o 00 8:260-00 5 1000% 1 115 SdewalKCaich basin 4 4 EA 1.425-00 5,700-00 16 'Ad St Gamn Bas I­ Connecta sting Manho:e 5- 1 4- 2 EA EA S 350 00 S s 1.40000 $ 3000-00 S S 200.0% 118 CST-- for SelecTrench Backfi .1 and "De Bead'no 4370 C 411625 TON 1260 = S 5268800 & 942%_ Gravel Borrow for Tren& 8ackfi.1 ;199 G�Borrew • for Trench baulfli 7262 k 313 0 TON T -_ N 001 I OV 0-31 0.07 P ro Vlo-PineFourwabon 120 sable Balm 59 0 TON 3550 $ - M SCHEDULE TOTAL $ 57,260.37 ITEM NO. ITEM DESCRIPTION 121 lContolled DerrS-tymlj "CO F)f1w Trsnc;h Rackfill n � _F2 CO*�Gorttroll& aensitY FM (CDF) for Tre nch Backfili_ F_ 122Iconnect to Existing Water Malin —153 1�a6hp—er Pipe for Wale,, Main; 2 mali Liam. 124 1—Special Class 62 Ducz­e Iron Pipe for wager Ma.n 6 inch Diarn. c -1 -lass 125 52 D - le iron -pe for Water Alain 8 D_ M_ '�pe 126 Social bless — _52 uuc to Tro Pig °or Hater Alair 12 Inc Cie n. 127 1 7P dal Class 52 Dwc�le Iron Pipe for Water Main 18 Inch Diam. 128 - Blowoff Assembly 129 1 Gate Va, c. 2 hnm Diaim. GataVaive. 8 in-ch D;a ' -, Gate Valve: 12 :'..-,-c . n D! a rn. 132 Bun rfly Valve, 1S ft-Rch Di m. 133 Adjust Vac�e Bcx 1.3? Hvd-ant AssemLiv WW - Service Connection 314 inch teeter w�&. I inch D'alm. Ser-Oce 135 Line 136 Water Service Line 3!4 inch Dmm. 137 Reduce Press-re Backflow Assembey 138 stonm -a rencNessMstal0tion P1811 139 Slorrn Trenchlass Instanatan Ground Move -ten: Monhorino 140 Smornm Jacking and Recamrig Iris 141 13to-n Stc__ Cas:ng Pipe, 54M. Diam- 142 High Density Polyeth_ one Pipe (HDPE) Sta,—_ Pi De: 18 is cIt D"am- i 14:� ReMONITIQ Steel Gasing Obst-mucLons 144 3WPPP P-eparation and Genera: Permit Companm 1 145 'HgN Viziltimy Fence .6 Temporary Water PoillurlorvErosion Gonmi m-stmiall-ol 147 =Fo 'w mater Pdputior) contit" 148 ESC- Lead 1 142 `Seeding, Ferrvwng g; acrd - MuG mig Top So . I _m peA 151 jra ucT Gontrc. Fame- 152 11-awn Sod 153 113ark Mulch ' 1PSIPE Pnjn s se 5_4 2' mnch! Cal"rer PS:PE Thuja occidentalis 'Smamw' 'EM:erall- Green Arborvftae) 5z 155 13-18` it Spread; 18' Min. Ball 156 1 PS PE A 01mmmum {vine Maple, 4" -FT.) He.gh.. 13- — R sa ugosa 7ne mse Bwgn� (R ose) W 157 .1 eight, 3 Canes 1 DSIDE Ame:ancnier Aai.nftia 'Sonhceoeffy) 4'117T.) He'upt- 16 Canes -S;PE Rbiss sangl:meWn (Re, ° 0-we Mc C.r.-em) '8 24 ;Inch), 4 159 Canes 160 PWE DoWsticnim munitum fSwoia Fe-ml , Gamin cQ CD N) 0 h CF) 6 of 15 SCHEDULE TOTAL $ 57,260_37 .:2312+0`4 mt 2:24 Fm. CITY OF AUBURN C201A PAY ESTIMATE #25 & FINAL CO. NO. 11-31 _% St-set SE Grade Sepa. >afion SCHEDULE A. Sb7eet ESTIMATE QUA,=ry TOTAL OD Yry PERIOD UNIT CU E ANTITY TYP� U NIT COST TOTAL COST PERIOD COST PERCENT EST, OTY 12 Cy 75.00 E 900,00 5 27.3% -2911 0 CY 75.00 0.0`e 8 E., S 2,12555 17.006.00 S 01!i 254 283 LF S 311.05 10,48515 S 111 49,1 92 84 LF S 59.80 a 502220 S 913.E 996 1060 LF $ 6000 53:600,00 S 106AR!, 594 555 LF 86,90 93A"n 8_1 871 :69.20 S 14".' 373 20 S 103 0% 2 EA S 2.650.00 S 5300!d0 S 2-10,T- 2 1 4— EA 62500 2_500.00 20Q0% 8 i3 EA $ 135050 10.800.00 S 6 6 EA S 2355,00 14130.00 S 5 EA S 550000 27-506-00 $ 5 5 EA 3 25000 IN 0% 8 a EA $ 5,625_00 S 45,000.00 S e4: 17 20 EA S 1,400.1,0 28005 -00 S 365 308 15.50 S 7 ob S 84.4% I EA S 4.00000 S 4,000.00 q 100 0% 1 LS $ 2,000.00 2,1000-00 S 1 LS $ 3.500,00 I LS $ 10.000,00 10 000.010 S M_0% 271 271 0 S 278 278 LF 3 91.20 t 2535360 S 0,00 Ea- Ada- S 1500000 LS 2,000,0-3 S 2,0000,00 S 500 n °E 3650 2609 L-F S 225 5.870.25 S 1 272 LS Ea_ A& S '7_5.000�00 S $ 25.00000 S "75.000 -00 S 68,047 -21 272,2°t 168 33 DAY 33.00 S 19 61r 2019 802 84101 CY S 25,00 S 21,002-50 S 104,8'i 1465 '465 LF $ - -L' S 10255.00 S 800 = 15431 SY $ 500 S 771550 & 192_9% 115 83 CY 25-10 5 ?221, 53 47 EA -3 e 250 00 S I 1 750.00 88.7% 161 110 EA S 36.00 3,300,00 5 68.3 =1 15 16 EA -S S 48000 S 106.7'e 290 167 EA 12.00 $ 2.004,00 S 57 -" 0 EA 1200 S 60000 322 208 -_ EA s $00 S 1,664,910 116 183 Flk __0 S 1, 46A r"It S 157 8% 6 of 15 SCHEDULE TOTAL $ 57,260_37 .:2312+0`4 mt 2:24 Fm. (D 01) 0 h CF) CO NO. 11 _01 M Street SE Grade Separaton SCHED-U-P A: Swm _Mprova nts- O ESTIMATE TOTAL PERIOD UNIT UNIT COST TOTAL COST PERIOD COST PERCENT EST-.-- ITEM N. ITEM DESC RIPTION QUANTITY OIWJTrTv QUANIT" -AYPE QTY 'e'15 ZHEy�� T23.:20'4.t'_24PYl PSIPE Berberis thunbargii 'Uimsc- Pygmy' (AtopUmUea nanal [C-_rnson Pygmy Dwarf Bamemy, 12' f Inch; :_:s.tgHt o:- SD.-ead; 3 �Za-es 17 0 EA 800 9 0.0%_ 162 PR51PE Arc'osxaph�los UVA-URS! (KInnikinik - Bea,"De-) 9-SP4 656 210 J'A- Eq. Acli. s 6.00 $ 25,000.00 $ 1,26 .00 S 36,69I.04 s 32.0%' 46.8% Irwe7--ty Restore on -64 Tree Fmarne and Grate -.6 EA $ 1,500.00 3 22.50- .00 S 9381/6] _[•ernen- conc. Traffic Cu. b lic —1010 S 21.30 S 2,13000 90-9%. 3795 LF s 1045 S 39 6577-5 101-1 167 EXtruded Cement Concrete Curb Type 6 93 96 __F 50 S 1,104.00 168 Precast Con- D a! -Faced S:oDcd Mou ntable Curt) 307 300 LF 19.75 S 5.925.00 s _9777,,sj 169 Dewatering System 0.00 Hu. Ad"- S 5C.000.00 s 0'0%. [Res'denta D-vgway Apron 228 94:9 SY s 3035 S 2,88022 S n d . stri aw and Dr­_-- me. ci a 1 D i veNa y An -on 309 4251 215 SY $ 37,60 s 395 15,983.76 849-25 7-� 2-- 7 2 ��a'lied Pave ement Ma=Ke- TvDe 2 12 0 e.. '_oated Chain Pence �v'De 1 9PQ 0 LF s 30 .00 $ 0 7� Coa% Chain L! Fence d C a n nk Fe. -e i ype 3 72 1053 30.00 s 31:590 GG `462 -539] 175 Coated Chain Link Fence With Top Rail Type 1 460 463 5732 LF s 3200 1 s 27-00 14-8' Z 1:5:476.40 10 98. 5% '7 [Coated Chain Link Fence With Top Rail TvDe 2 582 �77 Coated Chain Link Fence. Retaip"naWail Fencino - TyDG 1 Boo 10 75 121.5 LF LF -$ 30,00 $ 24225.00 1 110,5 178 Coated Chain Lank Fence, Retaining Wall Fencing - Ty€ 2 110 l0oate-_ Cha:..r) UnK Feroc; Retaining Wall Fencirg - T'vve 3 700 706 LF s 30.00 21.18- no m (Coated End, Gate, Comer, and Pull Post for Chain Link Fence 30 80 100 .00 TDoub.o 20 Ft. Coated Chain Unk Gate 182 Worwm 'M ent Type B I odifed) -5 5 EA $ 400.00 $ 2,000.-W 3 cernent cororele 5 aewauk 4039 34291 SY s 22.05 e 75,611-66 -_i 84_9%l or ieni Concrete Vvalkway 10 449 Cy s 1.100-00 3 49,390.00 S A49_0%[ ,85 �h.ckened Edo_ e at �acko'S _a ewa.K 45 28 LF s 3255 S 91 , �-4n 6Z2%! JQuafw 3Da::_ 210 2346 TON SY 25-00 S s 80-00 $ 1.604.25 _00 78.2% Sern: -Open corl'- Masonry -5. Do Protector, 300 168 7Y- op . `b p/ Ma. �T-_ iv ma xes) 2 2' EA _S 35C-00 s 700,0 S I EA S 1'50000 s 1.500.03 S liii ftnabon Sys e° Cornme-e i 0 098 US $ 121.000 00 S 121 000,00 S 1.185.80 1 -0-0%1 Traffic Signa. system Comp. 1 0-9501 LS US s 160 0011_00 9 g 41,000,00 s 160--000 '00 $ - 38=954.10 95_09e interconnect Svstem GonDlete 1 193 =erfnanerit Signing 1 j 0019 LS S 1u-500.00 s 10- 525­0 <ecocate Pen-na:%:-:1 Traffic Smm anc Pos 0 EA S 200.00 $ 0.0% 195 L 6449 6719 2563 475_ LF LF L= s - 3 040 3 6.30 s 2,284.46 5 1,0252C S 2,992.50 5 95.011 Wide Fla nit Line 24442 19- Mastic Crosswalk Stnpe and Sion Ba-24"mide) Soo 198 'affiGA-ow . 2 13 EA & s"Zo 05950 s 106'31t 199 '1'?lastic T­affic Leta- 8 8 EA $ 40,00 i 320.00 S 00 1 Pain ed Bircyle Lane Ma`_ a 13 9 EA $ 4`_ = -v 69,24c 'e'15 ZHEy�� T23.:20'4.t'_24PYl -0 CQ (D 0 h CF) CITY OF AUBURN C201A PAY ESTIMATE #25 & FINAL ITEM NO. ITEM DESCRIPTION ESTIMATE TOTAL PERIOD UNIT UNIT COST TOTAL COST PERIOD COST PERCENT EST. SCHEDULE TOTAL 59,091, 17 xae Orders Coal Add vertical soil nails to all LU6 (First added an PE #81 Vei3cal Nails (Item shown under ofic"nal bid term Tails ()ten shown under oiwmaJ'b;V ken) 24 C01- De-Mob and Re-Mob LU6 LS S 553365 S CO#2 Add Shaft - 30' Diameter (Flirst added an PE 9111 2 Shaft - 24` Diaafneter (ftem shown under orig -7af bo item) CO2- 2A Shaft - 30' Diameter (ffera shown under obainai bid Rem) CO #3 Wall RU2 (First added an PE #141 24 Roadway Excav atton 1 n,-1 ud. ii g Liam ,rem shown under onpn. a bid ,-m 61 • Pr e Fa bri ca lao -D ra in age M at for Soil Nail Wal 1 s (item shown under Win_ ina,' bid fb 63 Soil (fail - E ncaPs u iated (item shown under origibat bmi item) 84 Shotcrele Facing (item shown under onginal Did Rem) 'Crom-66A Vertical Nails (hein shown undef ongifial bid der`) G0#3-1A Welded W re Fabric 120 CO#3-1 B Groutina Beh.nd Wall RU-2 12C SF S 253 S 303-80 $ V0 V � LS $ 961.57 $ 96151 $ - 100,0% CO#3-1 C Home Office Overhead 4 1,31cycle Deleufibn Marker 1 j 1 1 EA S 14-554,84 S 009�3-1D Field Office Overheau 4 4 202 1 Temporary Pavement Markings -F-auectran 7800 2733 LF S 0.03 $ 81.99 350% ma—ndr-ai 24 100.9 LF S 160,00 S 55.53500 420.4% 204 -Sto rm WaTer P urn - p S tabo n -Gem Plate 1 1 LS $ 332 50000 332,500,00 $ loo.0- L 205 Standpipe Piezometer Decommissioning i LS —EA $ -5 $ 1�80 .00 90 206 8-,Ke-Rack 6 96 1 !6i --Cld Wall Chloride Storm R v SDR-25 18 inch Diana. pite-, Shown uti ,r bj� m) Reinforced Concrete Storm Sewer Fine. CLV. 18 inch Diana. (item s ° !own 'fown under onarrgY a ef S 500.00 100 13,6. I r 207 113anch 2 2 EA $ 3.150-00 S 6.3010,00 5Do 6-% i- 208 1 Prerasl Full Da ich BlocK a 8 EA S 250.00 S 2,00000 S— SCHEDULE TOTAL 59,091, 17 xae Orders Coal Add vertical soil nails to all LU6 (First added an PE #81 Vei3cal Nails (Item shown under ofic"nal bid term Tails ()ten shown under oiwmaJ'b;V ken) 24 C01- De-Mob and Re-Mob LU6 LS S 553365 S CO#2 Add Shaft - 30' Diameter (Flirst added an PE 9111 2 Shaft - 24` Diaafneter (ftem shown under orig -7af bo item) CO2- 2A Shaft - 30' Diameter (ffera shown under obainai bid Rem) CO #3 Wall RU2 (First added an PE #141 24 Roadway Excav atton 1 n,-1 ud. ii g Liam ,rem shown under onpn. a bid ,-m 61 • Pr e Fa bri ca lao -D ra in age M at for Soil Nail Wal 1 s (item shown under Win_ ina,' bid fb 63 Soil (fail - E ncaPs u iated (item shown under origibat bmi item) 84 Shotcrele Facing (item shown under onginal Did Rem) 'Crom-66A Vertical Nails (hein shown undef ongifial bid der`) G0#3-1A Welded W re Fabric 120 CO#3-1 B Groutina Beh.nd Wall RU-2 12C SF S 253 S 303-80 $ V0 V � LS $ 961.57 $ 96151 $ - 100,0% CO#3-1 C Home Office Overhead 4 4 Day $ 3.638_71 S 14-554,84 S 009�3-1D Field Office Overheau 4 4 Da, S 1.229.71 S 4918.84 $- CO #4 BNSF Revisions (First added on PE#16) 32 Sho&..aorExtra Excavagon Class B ;`,Lem shown under oniginal bid item) 35 Construe n Geotextle for Underground Drainage futzi-, srto v- in-nginaf bd kerv; 38 Cnishea Suftang Base Course (CSBC) (item shown under ofzgma� 3fd 4NRm.) 93 Gravel Backfill for Drain (ftem Shown under Original bid item) 96 1 !6i --Cld Wall Chloride Storm R v SDR-25 18 inch Diana. pite-, Shown uti ,r bj� m) Reinforced Concrete Storm Sewer Fine. CLV. 18 inch Diana. (item s ° !own 'fown under onarrgY a ef 102 Storm Seiver Television I n s c��.on (Iltem shown under o.%-0af a8m (item shown under ongina" is w -" 9 Grave! Borrow for Trench BaCM 1 (ireni shown under onginal bid ita- r 121 Conti oiled Density Fill (CDF) for TrenGh Backfill uad-cTinal bid item) C0#4-1 Structural Excavation Class B. Inci Haul 10061 10061 CY S 2860 S 2 87745 $ 96 Solid Wall Polvvinvi Chloride (PVC) Storms. PiDe SDR-35. 18 Inch D'ff 28 28__ LF S 1612 S 451_'36 101 Reinforced Concrete Storm Sewer R.D.- CLV 18 inch Diana. 95 — 95 CY 26.05 $ 2A74.75 S 109 Catch Basin Type 2 48 inch Dian. furred: nomsrock3 1 EA 517-00 $ -517-00 S 0- SCHEDULE TOTAL $ 59,091-17 C201A ?E25 fir.1 p.y.- a af 15 100.0% 7.23.2014 at 2:24 PM, D --4 (YI 0 h CF) -P-1 C139-1-'C Home 01fice Overhead Settlement 1 1-5 CITY OF AUBURN C201A PAY ESTIMATE #25 & FINAL 33A VKD- , - Ternu�mry Wak Material on Hand co .0 114- M st-ar=t SE Crude Separaro- SC.EDUI �- � Sh-ee'; -:M-D'0�-8-1-.-M IT'EM NO. ITEM DESCRIPTION ESTIMATE UANTFTY TOTAL PERIOD UNIT QUANTITY UNIT COST TOTAL COST PERIOD COST PERCENT EST. CO #5 Core Drifllnq won tarrnnzted S019welde.- Wire Fabric Must adder on PE 1151 S 56 0=, CM Addt�d � D rs -or And-Graffiti Wall Coating and Restraint sordemerds IFIrv. added on PE #201 -CrTAL 511k S=16--- Core Dn;kng Settlement 1 1- S 13101.20 1 9310920_ $ - 500 0�e C1095-26A Contamina I LS S 828016 S 3_ -_ ° -F. ic C am? -; HDPE Pipe Restraint impacts Settlement 1 1 '-C4 A Welded Wire Fabric - 20-33E� bo $ 20336.60 S Ion E —COffi6 Added 12 Dana 'Due To Delay VVIth '---rti2g Firs, Round 01 SNSF Girders Mrs- added on PlEgiri 2: 363900 909750 S ZG#7 For Purposes Of Settlement Of Dlspute, Pasties Nme To Pay Halt Gf Lump Sum Cost-- (Firs, added on PE -- C 2-- Field Office Overhead Settlement 25 25 L9 S 236.70 e C€0#7 -1A - I ST Lff~e -,�yLmerit 'I, Shalt #8 Casing Removal and ReDair SettlemeO. i 0.5 Ls S 123,754 44 $ 61,877.22 on PE #201 50.0%- C-047-'F ST Line Abutment I Shaft Out of Sequence Work Settlement 1 05 Q 17;747-50 $ S.65815 $ 50-0�t: C139-1-'C Home 01fice Overhead Settlement 1 1-5 LS 33A VKD- , - Ternu�mry Wak Material on Hand LS V1a1e::a::n.S1'a.. F0.0141 C0#7-1D Hein 3 a0viarbeadSettlement 1 0.5 - 53A $ '2 S 6 956 .00 S 56 0=, CM Addt�d � D rs -or And-Graffiti Wall Coating and Restraint sordemerds IFIrv. added on PE #201 -CrTAL 511k %41:--H - _u- :Sn and Install Bnd-- Sure_ Matapia: "n Han" '27 3x1. 63 S Malone: in.&W.ed LS CC#B-!A Wall Coating Complete I i -28 IVIOH -urnish and Install Bridge Superw 34.87 -23 S 2- .987.29 5; C am? -; HDPE Pipe Restraint impacts Settlement 1 1 2800.00 S 260000 S Ion E CO#8-2B Home Office Overhead Setdement 2.5 2.5 LS 2: 363900 909750 S Maters. On -13-d C 2-- Field Office Overhead Settlement 25 25 L9 S 236.70 e 1.07E z1 $ LS CO#9 Added 2D Days for freewave radio and anterma. astabllsh �IuiYZ2, 2013 as sutstanflal cornpl aflon- saliff on PE #201 075-04`-43= ! Erosion Control Plan Claim, RU2!SR181PGA Sequencing Claim and Assessment of Liouidated Dannaaes Protest tdement I L-s S 275z65600 275.00000 150 0-. Pump Station Freewave Radio and Antenna, and PLC Change C -2A Complete 1 9 0,12 $ 16.121-28 S -- 1 35 1 U11 - a .1 SCHEDULE TOTAL $ 61,025-72 PaYA- 9 f 15 I LS Mate--a:s On 33A VKD- , - Ternu�mry Wak Material on Hand LS V1a1e::a::n.S1'a.. 3d5.L0€ S TOTAL 53A MOH - Precast Retainina Wall CaD Material on Hand installed -CrTAL 511k %41:--H - _u- :Sn and Install Bnd-- Sure_ Matapia: "n Han" '27 3x1. 63 S Malone: in.&W.ed LS S -28 IVIOH -urnish and Install Bridge Superw Uri Ha-d —Matena'inssa"ed 1 LS 1 LS Fo ate na. on Wand 1.2033365S S il 203 $ Male€ •alt afn= ien TO-AL 62B MOH - Soil Nail - EDoxv Coated Maters. On -13-d TLiaie --- Instafed PaYA- 9 f 15 I LS 1: 111.3D5-Cu S 111;3015X-' S LS 3d5.L0€ S N 11305 001 S LS —S '27 3x1. 63 S 27,3-{763 S LS S $ (27.347.63) $ 1 LS 1 LS S 5 1.2033365S S il 203 $ 1.20333655 1 i €.31.3333€1 55 1-2 -13- S 174 -14C LS S n7s-'�6 -:)1 1 075-04`-43= ! LS $ 1534.30 S 3.x34,3 €7 $ LS ?3- 534 -36' S LS LS -7 7.9 r8 SCHEDULE TOTAL Ii 69,025.72 am �121r A-4 .t 7:24 -M ITEM NO- ITEM DESCRIPTION Na P -'-=, Llate_� Mwe a. on S-,, i Nail - Encamulated Ma on Hand Mazc,a, GTAL A Mori - so: ie- P, :e fo:- Rmcie - W14X159 hla*eFal on Hand -W 'e- n9_30 P __ °e al on Hand CITY OF AUBURN C201A PAY ESTIMATE #25 & FINAL A- co. RO_ 11-0- SE Gv-ade sepaw-a-cD.H Sweet _m - -ore. ,e:3 ESTIMATE TOTAL PERIOD UNFr QUANTITY QUANTITY QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST- OTY LS 9 j2s,5_�3 Ia. $ (28.503.10) 1 LS 42 127-51 S 4212750 100.1 1 LS S (42 12750) S 142 Sat $ 100.6 MOH Soldier Pile -W-lK­C -lm M or ,land LS 1 LS b 100 ltA 87 $ 407,154 87 100 � 1 LS _100.`54 .87) S (10015487) (48,671 001 5 T,0 I LS S 13202 3" $ 132.682.00 1 LS S (132.682 "3) S i'22 6x2_001 LS 4.862A0 4-86240 , 1;.= =`__ 1 LS_ S 339 865 50 $ 39,665.50 S OT A. -H Wc. W'2,63 on r 1 LS S 22_875 GO $ 22.�7503 LS (22,875-001 $ (22.875.00) $ 00% TOTAL 3 "B MlC» - --am sn ;oldie- W12x5-5 I) fl 5 Period Dates LS S 28503 1:1 S LS 9 j2s,5_�3 Ia. $ (28.503.10) 1005 TOTAL 74A MOH Soldier Pile -W-lK­C -lm M or ,land LS 35 4&E71_00 A8 6710C S Ma a n5taled (48,671 001 T,0 mop; 1 i5e Fsucw Di'e - W'2x'-l10 MaIefia, o- haad LS 4.862A0 4-86240 , 1;.= =`__ M1!Cikl honP,-,e_Sc7—__-a- Class 52. S, m P. D- 8 inGh Dz - m Ma-mari I LS 9503-00 = 9,503 00, S matena—nSta.-ad 5 t LS flF03 00: 9-503-1-) $ - `Go% TOTAL ii A MOH - D­=,;:elrw� P_�e, Spec.a. Cass 5-2. �tonrn Poe 1 vamna on mand 1 LS 241 .0 S 24,_ S CO %mena (2.473 SC� S 5 Fo $ ro% SCHEDULE TOTAL $ 61,025.72 I) fl 5 Period Dates (D 0 h CF) " &rc�:p.v C20'A -EZ5 °.­ P.yx- SCHEDULE TOTAL $ 61,025.72 CITY OF AUBURN C201A PAY ESTIMATE #25 & FINAL _= NO, 11_01 M Svae BE Grade separation SCKEDULEA:- StnIet'MW ve. -� "� E%i NO- ITEM DESCRIPTION ESTIMATE QUANTITY TOTAL PERIOD UNIT QUANTITY QUANTITY TYPE UNIT COST TOTAL COST PERIOD COST PERCENT EST_ QTY j�A MICH - Ductile hmri Pipe, Spaoc:al CI Naeriac r Hand 1 14_874.81 S 1487481 Matenal hstak-d 1 LS S S N,1,87491? %40H - D-LAGNe Imn Pipe Snec.a. Class 52 StLi--­ P.De 18M.-m. cs. .2.m I LS 2 6.5?A W S 1 LS S 1, S14 C-1 S €6_584_07­ S TOTAL 11- -A MOH - gtolTn Ma- ue T"De 1 48 mc? Diam- Mate..& c- hand 1 1 LS S 635-10 S 63510 1G0" I LS S 1635A01 TO-; q4A MO' Manhole Tv De 1 54 I.-.ch D:am- 4.ateTia: o- and 1 LS $ 317.55 S 317 i 1aPe al Insm.cizi 17 S 3 _55- S i317 OT, r& Diam- Wa-e..a; c- -mal-id LS S 1-270-2C S 1.270.20 1 - Mate'alInstalled i i .8 S 0.270L20) S 0 270.2G! S TOTAL 3 j�t WOH Bas.n Tvre 1 kwaieria, cN 511and I LS S 3,219-30 S 3.2-9-30 $ LS TOTAL ..I- MOH -Catch Masi- TE;e Z. 5ahm Us-- Vatena. o1 I LS 22995 S 22995 3 matena Irs'allea LS s 1229-951 TOTAL Mop-; -S.d&wac- Catch Bas :-n Ma:e:ral or Hera LS S 1270.2c S 1 27020 S TOTAL 122-A MOH - Connect -o EA j[ C MaLr Maienal G---, Hama LS 30Z?-3 3 302.73 S LS S (302731 S S OMaL S (D 0 h CF) " &rc�:p.v C20'A -EZ5 °.­ P.yx- SCHEDULE TOTAL $ 61,025.72 (D 00 0 h CF) 12d'5 TL 3_ 12014 at 2:24 P.M. CITY OF AUBURN C201A PAY ESTIMATE *25 & FINAL co_ _610. 11-01 MI su 60 SE Grade separa. or, SCHEDULE k Stmelz ITEM NO, ITEM DESCRIPTION ESTIMATE 9UANTTTY t TOTAL OTITY UAN PERIOD UNIT QUANTfTY TYPE UNIT COST PENCE TOTAL COST PERIOD COST OT7 EST- y `24A PVC-1 - Gia-s�52WunecronlPi—­ Wai-r Main 6 Inch Diam Vatena, on LS S 4_FW51 S wamna.fflstalled LS 3 14580_51; Z (4580511 S -O -AL i 124B lrvch C ?JOH - Sn��na� 52 DL;- A mn P�7ma fof Virmc� 4�n iam j mate-M cri LS S 140.26 14026 S LS $ (140.26) 5 040 26) S 103%, TOTAL '25A MO. Special Class 52 Dlctve Tine for Wa=,e- Main 8 I - c- Dom Mateda on ha-.d 1 1 LS S 23.753_61 G 23.75361 $ 00%! . Mate— 0 Mstal.ed LS $ (23.753.61) S ;23.753611 S 00%! S 1258 MOH - ftc-ua. Cass 52 DWile ':-n Pipe fo:- Wate:- rain 8.Mr D-lam- i ms'eria. on Hand 1 LS 855.58 S 85558 100% Maor.al 1:-srz,led 1 LS TOTAL S 126A 104 I-Svec.a -­ass 52 Wctle ho- 12on-moiam Mate:: o:-: 'Hand LS 2404329 S 24.043,29 $ I LS 9 :24-C-43 294 S �24043­29) S TOTAL $ `26a M0?­1 - Snaccia C ass 52 D eu:euo- Po-eo- Wa,e:- Mal- 12 hm Dum Mate. I. on S S 45333 S 45333 S mat e..a nstahetj LS S (453_331 S 1453.33' S_ TOTAL `27A M c�,W Class 52 Dtcu-uo,mn Obe fo- Wae r Mair '8 Inch 0� m Mate.- 1 LS i 673149 3 6,731 A i S matena. . W -sta. 6Q LS S ;6.731.49' —- 0.6 73 497 TOTA 1276 -1-0- - 8D-eG.31 Class 52D ice P.Dofo-WaicrDalai- 18 Inch Dom_ c-:-: n. -d 9 1 LS x.663 (16 3 1 a LS S %37.863.1 TOTAL matena, or ha-d 9 LS 5 38.93632 $ 38,936.1.2 5 Matenai hista 9 i3893;?21 $ ;36_936721 $ ,C40) .1h 0"-2-'nchBIovvoffAsse=, Mate:--al o.-t Hand .-S S 956 958.64 S -Nixe-a. LS G U958_641 S '93864'. S 00%,; TOTAL 128B MOH - 2-mch slowxf AssembW arena. c=1 Marla LS S 140,66 S 140.66 S Nlatena, r,3taAed 1 1= LS S (MG -66) S .143.66} T 0 A. SCHEID- 6 A 5 61.02572 12d'5 TL 3_ 12014 at 2:24 P.M. LS - 5.757 $ 517.67 s CITY OF AUBURN C201A PAY ESTIMATE #25 & FINAL LS co NO- , 1�31 M 8 -7ee. SE G'ade Separat"o, SCHEDULE A: St Ire pveme -.0 el Im- .nL� ITEM £O. ITEM DESCRIPTION ESTIMATE TOTAL PERIOD UNIT QUANTITY OUANTHY QUANTITY - 15 UNIT COST TOTAL COST PERIOD COST PERCENT EST QTY_ `29A K10H - Gaze Valve, 2..ncn Dam 1 LS it 1.214.40 S 1,21440 S Matc-'al o- Ha - =d LS mazenae on; tia0i3 1 LS_T_4-` - - $ 484-99 S TOTAL mate-la. Insta.lec ----------- LS $ C-4 99 --s-, $ 2.532.53 $ 2.532.53 S f2.5325?': S ESK 53 TOTAL $ M ate� :a.. ta. EL 29B 10, 0 F1 - G ale Va.,v o, 2 u, D'a 71 TOTA 5 2.62567 Ma7c..al on Ha-a I LS S 122 19 $ 12219 3 Materia, -staled 1 LS S i'2219' S 1122 LS TOTAL MO;_ Traffic na. System Complete $ (11966-001 S 13,966 00! tvlate=a. on Hand 1 Gate Va: e, Bhcn Darn. S Material Q- —3-d 1 LS 7_531 76 S T531,76 S i24_5564 On i S LS 37.x39.76: I 53' _76`. S Mamnal ilstaled TOTAL To7A__ - '3c3 MOM - Gae Val e- 8 inch Diam. :1.686 001 0,886-c4l S Matenal on ha-.d matega 0=1 =ajd LS LS 9 629.45 $ S 1629_45: S 62945 5 (629451 S TO TOTAL 7AR OUS N410H - Rebar (Fo, or,3'nal calc See PE #13 back=,~ oe sub 412 -2 i LS ,31A MOH - Gate Valve- 12 inch Diam- i— male a, fipsta.ea (D M awai a -� Ha-.- LS 6.5.51 6,551 -77 S $ C-0 mate.-all,,sta LS :8,55:_77'_: S (6 559.77} S - TOTAL 9593 MOH - Gate Valve. 12 inch Diam CF) LS - 5.757 $ 517.67 s gat r:al o7� mar LS 1597 67:- $ TOTAL 132? MOH - Bure--fy Valve, 18 _,c^ D=am. 1 LS it 1.214.40 S 1,21440 S Matc-'al o- Ha - =d LS S :1.29440': d 214AT TOTAL 1323 MO.° - B.tte-flv Vame, 18 D:am- 1 LS LS 2.532.53 $ 2.532.53 S f2.5325?': S ESK 53 Matena, On Ham 3 M ate� :a.. ta. EL TOTA 5 2.62567 LS S 625.67' S (2,625671 mazena. on na:rl 3 Matena, TOTAL LS 13.966.00 119I)C 00 S MO;_ Traffic na. System Complete (11966-001 S 13,966 00! tvlate=a. on Hand 1 S TOTA —LS 19" %,10.—. - Traffic Sionw Svstarn mcl-tc- i24_5564 On i S Mate­ia -or 'and Mamnal ilstaled . To7A__ 107A PA10; I — - Be:)--.n :1.686 001 0,886-c4l S Matenal on ha-.d Ma.a,-.al TO LS 7AR OUS N410H - Rebar (Fo, or,3'nal calc See PE #13 back=,~ oe sub 412 -2 i LS FAMeMa. o- Hand 100'0] i— male a, fipsta.ea (D TOTAL C-0 0 h CF) LS - 5.757 $ 517.67 s �, -- LS 1597 67:- $ 1 LS it 1.214.40 S 1,21440 S LS S :1.29440': d 214AT 1 LS LS 2.532.53 $ 2.532.53 S f2.5325?': S ESK 53 -cc-, 3 5 2.62567 LS S 625.67' S (2,625671 3 LS 13.966.00 119I)C 00 S (11966-001 S 13,966 00! S —LS S 2- -E w S 24,564 00 3 1 00 i24_5564 On i S :1.686 001 0,886-c4l S LS 13,81659 = I3.816-59 LS 59i S 13.816-591 100'0] SCHEDULE TOTAL $ 61,025-72 ITEM No. ITEM DESCRIPT ON 209 minor Changes 210 MoDifizabon if Potholing 211 Utifit, y 212 I Removal of Sanitary Sewer Manhoie 213 Removal of Sanitary Sewer Pips 214 lRomoval of Steel Casing I Shoring and Extra Excavation Class B 216 i King County Sewer Manhole Type A. 48'.nch Dam - 217 County unty Sewer Manhole Type A, 60.nch Diam- 218 King County Sewer Spedal Manhole, 34 inch Siam. 219 Watertight Manhole Bra e and Straps 220 'A a liust -Manho e 221 Rechannel Existing Manhole 222 1 CSTC for Select Trench Backfill and Pipe Bedding 223 Gravel Borrow for Trench Backfi ll: 1224 Controlled Density 1-HIHI (CIDF) for Trench Backfill Solid Wall Polyvinyl Chloride (PVC) Sewer Pipe, SIDP�35,18 inch 225 Di am. 226 !Ductile Iron Sewer Pipe, Special Class 52, 18 inch Diam. 227 1 Se-wer °e lev.si on; nspection 228 iTem-Dora Ace-o..m..rnoc'ation of Wastewater Flow 229 Sewer Trenchless installation Plan 230 Sewer Trenchiless Installation Ground Movement Monitoring 231 Sewer jacking andeoeiving pits 232 Sewer Steel Casing PhD% 54 In- Darn. 233 11-ligh Density Polyethylene (HDPE) Sewer Pipe, 13 inch Diam 234 iRemov'nq Steel Casing Obst:�; actions sv CD co 0 0 rn h:\p.-q1-pe\MStreetG.--adeSepa.,af...on—C201A—P�—:25 final pay.-,,ftx 1153 CITY OF AUBURN LF 50.45 $ 63,567.00 CO. N. 11-01 109% 0201A 253 LF 132.25 $ 33,459.25 M Street SEE Grade Separation 100% PAY ESTIMATE #25 & FINAL SCHEDULE B- King County Sanitary Sewer Utility Improvements ESTIMATE TOTAL PERIOD UNIT UNIT COST $ TOTAL COST I PERCENT T. PERIOD COST QUANTITY QUANTITY QUANTITY TYPE $ 20,000.00 $ 100% QTY. 1 9348.03 Eq. Adj. 10,000,00 $ 9,348.03 $ 93% 1 1 LS 1-00 $ 1.00 $ 100% 7 6 EA 500.00 $ 3,000.00 $ 86% 4 4 EA 750.00 $ 3,000.00 $ 100% 855 812 LF 6.00 $ 4,872.00 $ 95% 110 0 LF 10.00 $ - $ 0% 11000 10480.9 SF 0.50 $ 5,240.45 $ 95% 6 6 EA 3,350.00 $ 20,100.00 $ 100% 3 3 EA 4,250.00 $ 12,750.00 $ 100% 1 1 EA 8,200.00 $ 8,200.00 $ 100% 1 1 EA 750.00 $ 750.00 $ 100% 2 2 EA 1,000.00 $ 2,000.00 $ 100% 1 1 EA 650.00 $ 650.00 $ 100% 1271 789.3 TON 12.80 $ 10,163.04 $ 62% 2165 0 __TON OMI $ - $ 0% 64 0 CY 75.00 $ - $ 0% 1153 1260 LF 50.45 $ 63,567.00 $ 109% 253 253 LF 132.25 $ 33,459.25 $ a 100% 1693 1681.1 LF 2.50 $ 4,202.75 $ 99% 1 1 LS 20,000.00 $ 20,000.00 $ 100% 1 1 LS 2,000.00 $ 2,000.00 $ 100% 1 1 LS 3,500.00 $ 3,500.00 $ 100% LS 10,000-00 $ 10,000.00 $ n 100% 280 280 LF 850.00 $ 238,000.00 $ 100% 287 291 LF: 9120 $ 26,539.20 $ 101% 1 0 Eq. Adi. 15,000.00 - $ 0% CD Co 0 h CF) h:\proj\pe\MStreetGradeSeparabon—C201A—PE25 final pay.xJsx 184 1 175 LF 31.50 $ 5,512.50 $ 9 238 CITY OF AUBURN LF 33.75 $ 8,302.50 Co_ Noz '1­01 172 0201A LF 61.65 $ 10,727.10 $ ic M Street S Grade 5-e- smatio=n 1 PAY ESTIMATE #25 & FINAL SC-HEDULE-C.- Ciry o--A-b---=—== $ 1G Sainitary Sewer Imium- ements 684 LF 2.50 $ 1,710.00 $ 11 291 371 ESTIMATE TOTAL PERIOD UNIT $ 12 233 188 PERCENT EST- 44.00 $ 8,272.00 $ UNIT COST TOTAL COST PERIOD COST QUANTIT QUANTITY QUANTITY TYPE OTY. 2 2 EA 750.00 $ 1,500.00 $ 100% 115 115 LF 6.00 $ 690.00 $ 100% 581 581 LF 4.00 $ 2,324.00 $ 100% 6600 5512 SF 0.50 $ 2,756.00 $ 84% 1 2 EA 3,175.00 $ 60350.00 $ 200% 3 3 EA 3,000.00 $ 9.000.00 $ 100% 1 1 EA 1,850.00 $ 11,850.00 $ 100% 1 1 2,000.00 $ 2,000.00 $ 100% 1 1 EA 650.00 -$ 650.00 $ 100% 608 753.37 TON 12.80 $ 9,643.14 $ 124% 720 0 TON mi $ - $ 0% 10 0 CY 75.00 $ - $ 0% 3 li 0 CY 500.00 $ - $ 0% i 184 1 175 LF 31.50 $ 5,512.50 $ 9 238 246 LF 33.75 $ 8,302.50 $ ic 172 174 LF 61.65 $ 10,727.10 $ ic 1 1 EA 1265.00 $ 1,265.00 $ 1G 594 684 LF 2.50 $ 1,710.00 $ 11 291 371 LF 44.00 $ 160324.00 $ 12 233 188 LF 44.00 $ 8,272.00 $ 1 0.3644 Eq. Adi. 10,000.00 $ 3,643.69 $ SCHEDULETOTAL $ Demo Cats* Fviav 2' 20". -.une Z10 0'4 15 of 15 7123/2014 at 2:24 PM � } � � �' � . � �'� . � ' .i ' I �. ' m ` � � { . . _ �i � �� i � Y r�t � � � i �i�� �� � . 3 i/- �� 1 .. � I A �_���� 1 � �e�� l �' ��N �4 � CT � . ��W p � � K St SE . ' � �, I a Pr ject L�mits ' � Exis6n ,� _ � .-. :.A '- � �' '� � BNSF �� I - '� .� - . � ! Ground�-- --------- ), .' , ' � . � � . �,.� . �� ��U . �w �' � umYard " ' �'� ' y,,_ ^� �q, � ` . �' � . .� . `' � s l. � (Slow Moving � . � ,, j � ( ��, r SouNbound NoMbound- ' ,� ��7F' � . �y � �. Trelns) �,�1y(.� �.- C,.. .�' ��R'� � � �:'�lv. . � � � . '�"'� - .. ! I ? >� RHainifg Wall g �l . e' RHaning Wall �A4` .� . ��x � ���"�,'� �1.. .. � . RaNwa . t j a ' �i •� Sidewal - SiOewa�kl �.� ' ' � I _ ! I . - ' � .�ti . U .�, . Vl ' Y � . � 3 -' f i' �� � ��� 'r ��y . . ry: $� ,' . i_ i . I p I � ': ��. `,► � p Retaining Wall � � �' —��. � ' . � 1: � L t .. f � . . � � ,� i � I I ._' 1 , m 8 . I �F �2' 6' 11' 11' 11' 11' 11' 6' 7 Retaning Wall f � i R� , j Bike Two-Way Bike Z �-. 1 � -�C�'� .� �� �.�-� Lane LeftTum Lane � �'�C ' � �� � j � �.. 9 I ah . . _� - Lane .� I � ' ,' `� � �'� � .� , w� � �= � ; �- � t r �•7{�f��3 . I ' _" * .: � � 1 � � � +T+. - _ L . � ' ` "-. � .r.�; , N 3� �.�*'"�- _ . ' , � . --._. ---�-- . .._---__ -----. _ __ _ _... _. .. . . . _ � ' � _ _ Section A - A , , , ... ..� . . � �?�� � ; `�g � � I � ,� ! ` ��,_ � �g4„ � .�.�_ � � KingCounty .�.; �' � ` '_�>. ' R I � � �- � � ' =� + Housin n�tho��t I — �, �:.�• � t �i � ��` � Improvements Summary Improvements by King ' - _ � t � r : � I +County Housing Authority f ` - ' �- ' � 1, � � • II �� � 9 Y � pf � � � �' -, �� �� 4� � � 1� M Street SE widening includes left-tum _ - • • -, - : ' - •, . ' , � Development Project � ; � � •,. +._. � � 61 ; ( �- � � '�. �.- . '' d � �•,�`' �. _ - � � lane and bike lanes ti� � �.. �. , �� � ' ' N � �� , I �-..,t .� . . �, .,1 �� ,; � Q2 Proposed RR bndge 1 � Structural retainfn walls below existin � 164 •� 6 � _ \��� .\ �� — -- m 9 _ � li� L p f `I '� '� � [ .',c �� � � 167 �� O SR 18 bridge 9 9 � s � , ' � 1 � �, O4 Infiliration pond �� f � a '-�� �:_, � � � `" AI .'.I 1' P } �: O , , �� � , � � ' S Pedesirianlbfke rest area �.i �, ` .� .. • � � - .-•r � ,.. : �uu �- . . _ '.. : -; mwu . ..� - , ; ' O New street lighting,typiral - -- --� -- - —. : . -. � -- ---� `v� . ' . - .. � � -- - - � - -- � � � - � - - - inae - treetSE -- - — --. . . _.. .. - _ . - - � � � . . . _. . - -- . _. _. -- . ...._� , ,....1 6d.�SreetSE �' ..- . - . . � . _. . ' . --._ �._ — - -- - . .. _� �� . - - -- .. _. _ '- - - - _ `- -----. 3rd Street SE. , , , Elim� t on street parking on M S , -__ �__ O Access control on � -� -�--' �—� -- — --- -- - ' � - right-in/right-out Pro�ect� im ' - - , - . - . '� - � . � � . y . - �� 1' � � P o�ect� � � Relocated utility crossings Limits �I► � � ''! � : 3 ' s 2 �' �'=' t �� 1 7 ,� k _ s r Limits 10 Railroad track im rovements ��� Eagles Lodge _ Y' ( `� C N � � , , E 1�.. ` f •k ,�� �' ..-1 � P ' " � " , 5 �"i r �`� �,;�� � I ' ' , � j t �1� � M Street SE �, j � �. I:. � � . . ��� . ��-�- - � �� � ���#�► �� � *�= - 4 . �- � ,,� - m , � . ., Underpass Proiect � ��� FuWre Connection _�, ..AA�"�"�� Y t , i � .y. Re-striping lo four lanes and � .�e to AuburNBlack . � '� �,, ,r'�.�y } �. - removal of on-sfreet parking _ _ . � Diarnond Road ' y :�`F; I � � �' .- i: completed by City to be _ _ � � ',�h � � ° "�` � 4 , ' � � . ��l' , � � Y.. concurrent to underpass : ` ,t1 � . . �.y � ..� � � I �; , nstruction - ` -�, - 7 . �� �$..��,, � � r�'1F� 1. .j` ' I 1 -1� --� � �: �} i ` �S�y, .;.� . . , . ' � 'y'+t�.� . '�t.ad�-� �. .�_ . - 'k�b�. �� �.° lti�� �� � i �� ,�O . - ` ._ .. �..7'u#:+. r � �� _�� . � - • - _ Y� � ,;�iy,� . � ._<� �• . � ��i . •e I �,� -�� � ��• P . �i. . � ..� � �, '_ .J ;S� ' � s'-'a' I I �� , �� � � �.a' _..� �, ,'t .. �� 'V . • i ',�.l i � , A ; 1 �. .,.�. . . . . � .r �'!� :� :�i4�t �f _ _. . s'�� M ��..�t _ _ . �r : , }2 F � � �i ��:.. � �' . ',/ 1 , I ' . � t' . ,. � 7 � ,3 1 i�� � a � - or7�,�: �`��*i',� ��S .,y�� �� r � I ^ I � ' �-.�i�' � _� AUBURN � �FA:�F�lbF-IILL„ � . � � f:r '�� r� ; I _ J !� � I- � � WASHINGTON � ; � s ,. . . .. � ,:Y� ...�� � : ! - ����.. . ��.T..� ,b ... �e �a}�� j � ;i�! ,�, I -:3 > - �, ; • �ig�, ��' . , Miles Sand&Grave)Pit .'. 1 ... r �� . _ � � � ' I I �� ��: �' I �1. . ��Y.+��.�uLi,. .. y � I 1 .rq� POft � '' .,,.,.w,.. �% (Future Muckle�hoot' , ;� .yr � � �. r. - �� ) � i � ,�'1 �� , . � �--' �� of Seattle �i� . DeveldpmerR) ' ., p -_�I b . -Y=I �. -(3 . _ .1+ �� _ _� r � � . `� � . — -• ,.� _ � �1. �,,, . � � � , �� . h � � .�� = �. � � i\ �r � � � . . ;f�' s , ' � � �P• .� _��� i� e,��d��p i,n...,n .i N ♦ C' � Pro ec imits i 3. 'a`_, -._y - ._. \lr. / � . 1 � . .ti� _h � ' � I i�. ��.••%� KfngCouMy � , , �' •% • ' - ' , .� � ��? - . t 392� .. iF." p5t�0G52�5�v.- cl,VO�erys�sorolec�v9 Ilau911•• 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Code Enforcement Abatement Action AGENDA BILL APPROVAL FORM Department: Attachments: Community Development &Memorandum Administrative Recommendation: For discussion only. Background Summary: Please see the attached memorandum. Reviewed by Council Committees: Planning And Community Development Date: July 30, 2014 Budget Impact: $0 Councilmember: Holman Staff: Tate Meeting Date: August 4, 2014 Item Number: DI.A DI.A AUBURN * MORE THAN YOU IMAGINED Page 83 of 164 CITY OF *A BURN MEMORANDUM WASHINGTON TO: Councilmember John Holman, Chair, Planning and Community Development Committee Councilmember Largo Wales, Vice - Chair, Planning and Community Development Committee Councilmember Yolanda Trout, Member, Planning and Community Development Committee CC: Mayor Backus FROM: Jeff Tate, Assistant Director of Community Development Services DATE: July 23, 2014 RE: Potential Abatement Actions The City of Auburn conducts progressive code enforcement action in accordance with Chapter 1.25 (Civil Penalties for Violations) and other applicable Titles and Chapters of the Auburn City Code. Consistent with standard operating procedure, code enforcement officers attempted to obtain voluntary compliance by working with property owners of record. Upon a determination that the owner had failed to comply code enforcement first issued a formal Notice to Correct followed by a Notice of Civil Penalty. Because each of these actions has not resulted in compliance, code enforcement is seeking abatement authority for each property. The City of Auburn opened code compliance cases for the following properties in response to complaints received from neighbors and the public. The table below also outlines details about each case, the status of current enforcement action, and the estimated cost of each action. Corresponding photos are attached. Location Case # Violation Owner NTC NCP Est. Cost 603 37 th St. 14 -0207 Unsecure Brown 6/5/14 $1,500.00 SE Structure 29430 132nd 14 -0180 Vegetation Parkash 5/14/14 5/20/14 $ 500.00 Ave. SE 2710 H St. 14 -0234 Junk RV Gilbert 7/22/14 $1,000.00 SE Hillcrest 14 -0194 Vegetation Roden 6/14/14 7/22/14 $ 500.00 Storm Tract 32835 56 th 14 -0178 Vegetation Ned 6/11/14 7/2/14 $ 500.00 Ave. S 32227 1121 14 -0189 Vegetation Nolan 6/12/14 7/2/14 $ 500.00 PI. SE Following consultation with the Mayor's Office and the City Attorney's Office, Community Development staff have determined that the current condition of these properties warrant DI.A Page 84 of 164 abatement action by the City of Auburn. The passage of a Resolution would authorize the Mayor or designee to engage in substantive abatement action. The condition of the property, in staff's professional determination, presents a threat to the public health, safety, and welfare of the residents of the surrounding properties and negatively impacts the community's quality of life. Following passage of the Resolution by the City Council, staff will contract with a qualified service provider to conduct cleanup of the exterior portions of the property. Staff anticipates that there may be a need to conduct on -going clean up and securement activity until the City can obtain compliance action from the ownership entity. All costs associated with first time and on- going abatement actions will be applied as a lien against the property that will have to be paid in order for any future sale of the property to occur. The City will also track and apply all administrative costs (staff time, court cots, filing fees, etc.) associated with the conduct of abatement against this property and apply them as a lien against the property as well. Community Development has adequate budget capacity to cover anticipated costs associated with abatement actions potentially through the remainder of the calendar year. Staff presented the item before the Planning and Community Development Committee at their July 28, 2014 meeting. The committee concurred in support of staff moving forward with a Resolution to request abatement action on the six (6) properties. DI.A Page 85 of 164 Attachment A (603 37th Street SE) DI.A Page 86 of 164 — � � � • �, ,a � ��. �� , 1i -_ � a ��, �,�,�.`: '\�1 � ��„ � ,. ,'s'' � �" i. . . ,4 �� .�-� �-=.� � 7 . ! s � ` c c ,. . . 'c , . ., . , ._ � � � � G.,- t �K , ,� x� � ��� - , -°- j;, `.� �� is:.g: _,,, , ,. i!'t � � � � v . _ _ . �.. � _-- � ��r�� � . .�k,'�'k Y _ s). n. �[.� }�i�.4��:�•. . ,+� I ' .,. '-; . �^�/ y �_" ',�l � �,,, ; _ _ � .� � T t � �. 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A , �i - , - !�= b. � , ' ' `,4 .;�hc'~ L ��! - s. . �y� r i �°�IlI:�, - 'i- I 4 t ` i�� R��,i�] ���� b Y� :. � - � �. � �a' , Y [. �''`��_ ��� � . .�' � pa ,j � ��W:e U A � Q!'$yf�. � ��.'S5,_,fi�h��.�,�! �. A,�� � � � � � / � ��� �- ', 4 �'�� , �Y, .� s� �'� � - f� i�'� �t a�" � �,, .. �/!.. � f ��s-_ i / � .�-.�;,� � -k ,s` t Q ! / / :. '1'� . , � i � � � . '�`. � . �.�.i � ^� �i! + ' t'��,_ i � :�a'� ��`'.�- ��_ _ � 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: For discussion only. Background Summary: On Monday July 28, 2014 staff provided a briefing to the Planning and Community Development Committee of the scheduled next steps for implementation of Resolution No. 5003, a Remedial Action Grant Agreement with the Department of Ecology. Staff explained that the next steps were to go forward to full Council to ask the City to grant permission to enter into a consultant agreement with Maul Foster & Alongi, Inc. (MFA), in the sum of $175,000.00, to provide grant administration services. After discussion, the Committee determined they would take action on the matter and carried a motion forward to recommend City Council grant permission for the Mayor to enter into a Consultant Agreement with Maul Foster & Alongi, Inc., in the sum of $175,000.00, for consultant services. Reviewed by Council Committees: Planning And Community Development Councilmember: Holman Staff: Snyder /Jones Meeting Date: August 4, 2014 Item Number: DI.B DI.B AUBURN * MORE THAN YOU IMAGINED Page 99 of 164 RESOLUTION NO. 5 0 0 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF AUBURN AND THE STATE DEPARTMENT OF ECOLOGY WHEREAS, a plume of groundwater contaminated with Trichloroethylene (TCE) and related chemical breakdown products originating from the Boeing Auburn Site has impacted an area within the western portion of Auburn; and WHEREAS, the Boeing Company is conducting a remedial investigation overseen by the Washington State Department of Ecology to determine the nature and extent of the contamination to provide information for future remedial actions, and WHEREAS, the City has concerns regarding the impacts of the contamination that are broader than the anticipated scope of the state - directed remedial investigation, including the potential for adverse effects related to economic, public health, property management, and worker safety impacts, and WHEREAS, the City lacks the resources necessary to address issues that are associated with the groundwater contamination but may not be addressed by the state- directed remedial investigation; and WHEREAS, the city applied for and was awarded a Remedial Action Grant from the Department of Ecology; and WHEREAS, the Remedial Action Grant would provide $186,000 00 to the City to assist with monitoring and participating in the state - directed remedial investigation, and to carry out an area -wide planning effort to investigate potential Resolution No. 5003 October 28, 2013 DI.B Page 1 of 3 Page 100 of 164 impacts that the groundwater contamination may pose to the City, and to develop strategies to address such impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Remedial Action Grant Agreement between the City of Auburn and the Department of Ecology which agreement shall be in substantial conformity with the Agreement attached hereto as Exhibit "A° and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of A.G1r, 2013 TY U URA P ff B L IS MAYOR ATTEST- Danielle E. Daskam, City Clerk Resolution No. 5003 October 28, 2013 DI.B Page 2 of 3 Page 101 of 164 Resolution No. 5003 October 28, 2013 DI.B Page 3 of 3 Page 102 of 164 Irm� DEPARTMENT OF ECOLOGY State of Washington RECEIVED NOV 13 2013 Department of Ecology Tonics C;ieanup rcogram REMEDIAL ACTION GRANT AGREEMENT G 1400334 BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF AUBURN This is a binding agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and the City of Auburn, hereinafter referred to as the "RECIPIENT," to carry out the activities described herein. RECIPIENT ADDRESS RECIPIENT REPRESENTATIVE RECIPIENT PROJECT MANAGER RECIPIENT FINANCIAL MANAGER ECOLOGY FINANCIAL MANAGER ECOLOGY PROJECT MANAGER FUNDING SOURCE MAXIMUM ELIGIBLE COST STATE GRANT SHARE RECIPIENT GRANT SHARE MAXIMUM STATE SHARE PERCENT FEDERAL TAX IDENTIFICATION NUMBER EFFECTIVE DATE OF THE AGREEMENT EXPIRATION DATE OF THE AGREEMENT 25 W Main St Auburn, WA 98001 -4998 Peter B. Lewis, Mayor Chris Andersen, 253 - 876 -1962 Darcie Hanson, 253- 804 -5064 Lydia Lindwall, 360- 407 -6067 John Means, 360- 407 -7188 Local Toxics Control Account (LTCA) $186,000 $186,000 $0 100% 91- 6001228 May 1, 2013 June 30, 2015 DI.B Page 103 of 164 DI.B Page 104 of 164 Grant No. G 1400334 Areawide Redevelopment Plan - IPG City of Auburn PART 1: SITE HISTORY AND BACKGROUND Site Description: This project considers brownfield properties impacted by area -wide groundwater contamination from the Boeing Auburn Site (facility Site ID 2018, Cleanup ID 5049). The Boeing Auburn Site is owned and operated by Boeing. Boeing formerly operated a trichloroethylene (TCE) vapor degreaser and a 1,1,1 - trichloroethane vapor degreaser in the former 17 -05 Building, in the current location of the Area 1 building. The Area I building is located east of Perimeter Rd and south of 15`x' St SW in Auburn. Boeing is the identified Potentially Liable Person (PLP) under the Agreed Order. The impacted area encompasses approximately 768 acres of the City of Auburn and the adjacent City of Algona. The estimated location of the impacted area is north and northwest of Boeing's current property boundaries. Auburn is a suburban community located approximately 30 miles south of Seattle. Problem to be Addressed: Areas affected by the groundwater plume from the Boeing Auburn Site have become a large brownfield site with both real and perceived environmental impacts. Multiple contaminants of concern (COCs) have been identified at the Boeing Auburn Site. TCE and its breakdown products are the primary COCs, given the nature of the known source. COCs have migrated outside the Boeing and Area 1 property boundaries via groundwater transport and may present an exposure risk to both human and ecological receptors via contamination of drinking water sources, discharge to surface water bodies, or volatilization to indoor air. A secondary source area is suspected, but has not been confirmed. The presence of the plume threatens to diminish property values in the area, freeze real estate transactions, and restrict future development outside the impacted area, potentially decreasing the RECIPIENT's tax and permit revenues. Public awareness of the site is increasing and uncertainty associated with human and ecological health risks and environmental impacts to properties is creating challenges for the RECIPIENT. Purpose of the Proiect: The Remedial Investigation/Feasibility Study (RI /FS) process underway for groundwater contamination associated with the Boeing Auburn Site is financed by the PLP with formal oversight from ECOLOGY. Therefore, this project will not fund remedial investigation or remedial actions that are the responsibility of the PLP. The RECIPIENT would like to address broader concerns that have arisen from the plume, such as public health, ecological health, worker safety, property management, and financial impacts. The RECIPIENT proposes to use the Integrated Planning Grant to develop strategies to promote redevelopment of properties impacted by area -wide groundwater contamination from the Boeing Auburn Site. The RECIPIENT would like to address key data gaps that remain in the characterization and understanding of the site. The RECIPIENT will create strategies to address concerns on City -owned properties. These strategies will also address challenges on privately owned properties impacted by the groundwater contamination. Impacts to private property could have an impact on the RECIPIENT because of diminished tax and permit revenues and market uncertainty for real estate. DI.B Page 105 of 164 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn PART 2: SCOPE OF WORK The tasks set forth below summarize the RECIPIENT's activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY in the current budget. TASK 1: GRANT AND PROJECT ADMINSTRATION This task funds RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to administer the grant and project activities. Eligible administrative costs may include: • Costs incurred ensuring compliance with the terms of the grant. • Costs to conduct, coordinate, and schedule project activities in the scope of work. • Costs of meetings and communications with the public, consultants /contractors, or ECOLOGY. • Costs of procurement and management of consultants and construction contractors. • Quality control and quality assurance oversight of all project elements. • Prepare and submit payment requests, and progress or other reports. • Grant administration, billing, and reporting. • Development and maintenance of grant files. • Recipient travel and training approved in advance. • Purchase services, supplies, tools, and equipment needed to accomplish grant tasks. Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's Financial Manager. Refreshments for meetings must be approved in advance by the Financial Manager. Any costs incurred without prior approval by the Financial Manager are the responsibility of the RECIPIENT. TASK 2: REMEDIAL INVESTIGATIONS This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform supplemental Remedial Investigations for the impacted area. This includes all draft and final plans and reports. Eligible costs may include: • Data collection plans /sampling plans. • Surface, groundwater, municipal drinking water well, and private drinking water well data collection and analyses. Costs for remedial investigation or remedial actions that are the responsibility of the PLP are not eligible. The RECIPIENT will consult and coordinate with ECOLOGY in the development of consultant scopes of work for activities under this task. The RECIPIENT will provide ECOLOGY with draft and final copies of plans, reports, analyses, technical documents, data, and other deliverables prepared under this task. The RECIPIENT will work in close coordination with ECOLOGY as both a financial and a technical partner on activities performed under this task. DI.B Page 106 of 164 Grant No. G 1400334 Areawide Redevelopment Plan - WC City of Auburn TASK 3: INTEGRATED PLANNING This task will include costs ECOLOGY determines reasonable and necessary for the RECIPIENT to participate in the RI/FS review process and complete economic assessment, planning, and development of implementation strategies for the site. Eligible costs include the following: • Review of reports and technical documents related to RI/FS process. • Technical communication. • Economic impact research. • Conceptual economic impact model. • GIS analysis. • Stakeholder interviews and survey • Economic impact evaluation. • Community involvement. • Development strategies. • Policy recommendations. Costs for remedial investigation or remedial actions that are the responsibility of the PLP are not eligible. The RECIPIENT will consult and coordinate with ECOLOGY in the development of consultant scopes of work for activities under this task. The RECIPIENT will provide ECOLOGY with draft and final copies of plans, reports, analyses, technical documents, communication materials, public information materials, web page content, open house agendas, economic and GIS models, interview and survey instrument design, and other deliverables developed under this task. The RECIPIENT will work in close coordination with ECOLOGY as both a financial and a technical partner on activities performed under this task. DI.B Page 107 of 164 Grant No. G 1400334 Areawide Redevelopment Plan - IPG City of Auburn PART 3: FUND SOURCE AND BUDGET A. FUND SOURCE Total Eligible Project Cost $186,000 j Fund Fund Share ( %) Maximum Fund Amount Local Toxics Control Account (LTCA) 100% $186,000 ' Match Requirement Match Share ( %) Match Amount Cash Match 0% $0 B. BUDGET Grant Tasks Estimated Estimated Estimated Estimated Eligible Maximum Start Date End Date Cost Fund Amount 1. GRANT AND PROJECT $1 0,000 $10,000 511 /2013 12/31/2014 ADMINISTRATION 2. REMEDIAL $40,000 $40,000 7/1/2013 12/31/2014 INVESTIGATIONS 3. INTEGRATED $136,000 $136,000 5/1/2013 12/31/2014 PLANNING TOTAL: $186,000 $186,000 5/1/2013 12/31/2014 5 DI.B Page 108 of 164 Grant No. G 1400334 Areawide Redevelopment Plan - IPG City of Auburn C. BUDGET CONDITIONS 1. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement is at the sole expense of the RECIPIENT. 2. Overhead is eligible at a rate of up to 25 percent of RECIPIENT staff salaries and benefits for time devoted to tasks outlined in this agreement. 3. The RECIPIENT shall provide ECOLOGY a list of staff that will be working on the project, their title and role, the percentage of time they will devote to grant projects, their salary rate, and their benefit rate. 4. To increase or decrease state funding or change the scope of work, ECOLOGY requires a formal amendment. Reallocating funds among grant tasks may be performed through a letter amendment. PART 4: SPECIAL TERMS AND CONDITIONS A. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural resources. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586 -3065 Applicability of the National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on -site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). B. BILLING 1. Unless otherwise approved in writing by the ECOLOGY Financial Manager, the RECIPIENT shall submit a payment request to ECOLOGY quarterly. 2. The RECIPIENT shall submit payment requests on ECOLOGY provided forms that include an A -19, 132, C2, E, and a progress report, unless alternative forms are approved by the ECOLOGY Financial Manager 3. Except for the A -19, ECOLOGY prefers the electronic submittal of payment requests and backup documentation. If the RECIPIENT submits paper copies, the RECIPIENT must submit one copy to the ECOLOGY financial manager, and one copy to the ECOLOGY project manager. 4. The final payment request shall include a Final Project Report on ECOLOGY provided forms unless otherwise approved by the ECOLOGY Financial Manager. 5. In -kind services are not eligible for match. 6. Legal costs are not grant eligible. DI.B Page 109 of 164 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn 7. Some costs require the ECOLOGY Financial Manager's approval. It is the RECIPIENT's responsibility to understand the eligibility of costs and their responsibility to obtain approvals prior to incurring costs. Costs incurred without required prior approvals may be at the sole expense of the RECIPIENT. C. DOCUMENTATION 1. RECIPIENT shall include the supporting documentation for all expenses, including RECIPIENT salary and benefits. Supporting documentation includes contractor and subcontractor invoices and receipts, accounting records, or any other form of record that establishes the appropriateness of an expense. 2. ECOLOGY may request additional documentation if needed to determine if a cost will be allowed. 3. RECIPIENT shall provide clear and legible supporting documentation and present it organized by task as entered on the C2. 4. RECIPIENT accounting procedures shall include maintaining supporting documentation in a common grant file. This includes cancelled checks, invoices, purchase receipts, payroll records, time and attendance records, contract award documents, and vouchers sent to ECOLOGY. The Recipient shall keep all supporting documentation for audit purposes for at least three years after the expiration date of the agreement. D EQUIPMENT ACQUISITION, USE MANAGEMENT, AND DISPOSITION Equipment Acquisition: The RECIPIENT may purchase equipment needed to accomplish the scope of work in the grant agreement, with written approval by ECOLOGY's Financial Manager. The RECIPIENT is responsible for any costs the Financial Manager does not approve. Generally, the ECOLOGY Financial Manager will need the following information to evaluate requests to purchase equipment: 1. Description of the equipment, including identification of operation and maintenance items that are to be grant funded (such as insurance, repairs, fuel, etc.). 2. Justification for the purchase, including analysis of rent vs. purchase. 3. Total Cost, including estimate of operation and maintenance costs. 4. Useful life - expectancy of the equipment. Equipment Use: During the effective dates of the agreement and any amendments thereto, equipment purchased with grant funds must be used to accomplish activities funded by the agreement. It may be used for activities not funded by the agreement as long as that use does not interfere with work on the originally authorized projects. The RECIPIENT may not use the equipment to provide services for a fee to compete unfairly with private companies providing equivalent services, unless specifically permitted by statute. DI.B Page 110 of 164 Grant No. G 14003 34 Areawide Redevelopment Plan -1PG City of Auburn The RECIPIENT agrees to make equipment purchased with grant funds available for use by ECOLOGY as long as that use does not interfere with work on the originally authorized projects. Equipment Management: The RECIPIENT agrees to maintain and manage the equipment properly to optimize its life span. The RECIPIENT must have in place some form of inventory control system that includes a physical inventory to document where the equipment is being used, and a maintenance record that insures the equipment is being kept in good working condition. Equipment Disposition: When the equipment is no longer needed for the originally authorized purpose, the RECIPIENT shall dispose of purchased equipment by sale for fair market value, ensuring the highest possible return. Proceeds shall be used for RECIPIENT's monitoring or other cleanup related activities. E. FAILURE TO COMMENCE AND SUSTAIN WORK In the event the RECIPIENT fails to commence work under this agreement within 3 months, or sustain work in accordance with the work schedule established in the order or decree for the site, ECOLOGY reserves the right to terminate this agreement. F. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rcjections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: I. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises ( OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 6. The RECIPIENT should report payments made to qualified firms to ECOLOGY at the time of submitting each invoice. Please include the following information on the ECOLOGY provided Form D: i. Name and state OMWBE certification number (if available) of any qualified firm receiving funds under the invoice, including any sub - and/or sub - subcontractors. ii. The total dollar amount paid to qualified firms under this invoice. DI.B Page 111 of 164 Grant No. G1400334 Areawide Redevelopment Plan - IPG City of Auburn G. PROCUREMENT AND CONTRACTS a) The RECIPIENT certifies that it will follow its standard procurement procedures and /or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in the Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91 -18 (Revised September 2005). b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S Project Manager. Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to the ECOLOGY Project Manager for review and approval. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to ECOLOGY's Project and Financial Managers. H. REPORTING 1, Progress Reports: The RECIPIENT shall submit progress reports with each payment request. The RECIPIENT shall submit a progress report no less frequently than quarterly, even if a payment request is not submitted. These reports shall be in accordance with the ECOLOGY - approved reporting format as indicated in the Remedial Action Grant Guidelines, or as otherwise approved by the ECOLOGY Financial Manager. ECOLOGY shall not approve payments without the required progress reports. 2. Spending Plans: The RECIPIENT shall submit a spending plan to ECOLOGY. The spending plan identifies the RECIPIENT'S quarterly billing projections. The RECIPIENT shall update the spending plan as needed throughout the term of the agreement upon request. 3. Final Project Report: In addition to the progress report that identifies the work performed during the latest billing period, the final payment request shall include a copy of the final project report. This report summarizes the project goals, purpose of the actions conducted, and outcomes of the project. ECOLOGY may withhold final payment pending RECIPIENT's submittal of the final project report. 4. Sampling data: The RECIPIENT shall submit all sampling data to ECOLOGY in both printed and electronic formats in accordance with WAC 173 - 340 - 840(5) and the Toxics Cleanup Program Policy 840: Data Submittal Requirements. ECOLOGY may withhold payment if the RECIPIENT does not submit sampling data. I. STATE -WIDE VENDOR REGISTRATION RECIPIENT will receive payment for approved and completed work through Washington State's Department of Enterprise Services Statewide Payee Desk. To receive payment you must register as a state -wide vendor by submitting a state -wide vendor registration form and an IRS W -9 form at website, http: / /NvwNN.des.�va.gov /services /ContractingPLINhasing /Business /VendorPay /Pages /default.aspx. Contact DES at the Payee Help Desk at (360) 407 -8180 or email payeehelpdesk c ),des.wa.�;ov for any questions about the vendor registration process. DI.B Page 112 of 164 Grant No. G 1400334 Areawide Redevelopment Plan - IPG City of Auburn J. TRAINING The RECIPIENT agrees to participate in any ECOLOGY recommended or required trainings related to fulfilling the terms of the agreement. K. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall submit a copy of the contract to ECOLOGY upon request. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. L. ALL WRITINGS CONTAINED HEREIN This agreement, including the appended "General Terms and Conditions," the latest approved budget, Remedial Action Program Guidelines, and ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication 991 -18 (Revised September 2005), contains the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. IN WITNESS WHEREOF, the parties hereby sign this Grant Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 4mglj--11� 112`' 1�j James J. Pendowski, Program Manager Da Toxics Cleanup Program Approved as to form only Assistant Attorney General to CITY OF AUBURN Nov 4 2513 Peter . Lewis Date Mayor DI.B Page 113 of 164 GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBG RANT EEICONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT F. COMPLIANCE WITH ALL LAWS 1 The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2 Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally- funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder H. AUDITS AND INSPECTIONS 1 The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT DI.B Page 114 of 164 2. All grantlloan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grantlloan termination or dispute resolution hereunder 4 RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A -133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT trust forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31 Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1 Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans ", part IV, published by the DEPARTMENT A copy of this document shall be furnished to the RECIPIENT When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty- five(45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10 %) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT 2 DI.B Page 115 of 164 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7 Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder K. TERMINATION 1 For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination A written notice of termination shall be given at least five working days prior to the effective date of termination In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and /or the State of Washington because of any breach of agreement by the RECIPIENT The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3 Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT M. PROPERTY RIGHTS 1 Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200 -212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT, present papers, lectures, or seminars involving information supplied by the DEPARTMENT, use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT DI.B Page 116 of 164 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Ecology Grants and Loans ", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4 Personal Property Furnished by the DEPARTMENT When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land /or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e g. recycled paper). For more information, see www.ecy wa.govlsustainability O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform Interest shall accrue at the rate of twelve percent (12 %) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. 4 DI.B Page 117 of 164 Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he /she is, directly or indirectly interested; nor shall he /she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1 The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order- (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans'; and (e) the General Terms and Conditions. SS -010 Rev 04/04 DI.B Page 118 of 164 EXHIBIT A —SCOPE OF WORK INTEGRATED REDEVELOPMENT PLANNING PROJECT Task 1. Project Administration This task kill be conducted by the City of Auburn (City) and involves grant administration, billing and reporting. Maul Foster & Alongi Inc. (NIFA) kill provide support through providing regular project updates and monthly invoices and assistance completing Department of Ecology= (Ecology) reforms as needed. Budget for NIFA support for Project Administration is incorporated into the follo "wing tasks. Task 2. Remedial Investigation Objectives: • Conduct focused sampling as needed to address concerns of the City= of Auburn (City) in the Boeing Auburn Site Remedial Investigation / Feasibility Studv (RI /FS) process. This task involves collection of additional environmental data related to groundwater impacts, if needed. The purpose of the investigation would be to address concerns of the City= that are not included in the scope of the RI /FS being conducted by Boeing and Ecology=. Collection of environmental data will be closely coordinated with Ecology= to ensure it complements but does not duplicate RI /FS sampling. Collect and analy =ze a limited number of samples from municipal and private drinking water wells to address community health concerns. Outputs: 1) Coordination with Ecology= in the development of data collection /sampling plans prepared as part of this subtask. Coordination may include providing draft sampling plans and data collection documents for Ecology= review and comment. ?) Sampling plans and data collection reports. 3) Submittals of all data collected to City= and to Ecology's Environmental Information Management (EIN� database. Task 3 Integrated Planning 3.1 Technical Review Objectives: • Address concerns of the City= in the Boeing Auburn Site RI /FS process. • Translate technical information to make it accessible to community= leaders and the general public. 3.1.1 Remedial Investigation / Feasibility= Study (RI /FS) Review Participate in the RI /FS process and provide techlucal review of the documents on behalf of the City= to address municipal concerns, such as potential impacts to City= -owned utilities and infrastructure during remedial action implementation, as well as long -term infrastructure maintenance. Provide parties with direction on nest steps and cleanup implementation. Identify= data gaps and path -,vays for acquiring necessary= data. Gaps may include groundwater sampling for municipal drinking water and private drinking wells to determine public health impacts, surface water sampling at NMI Creek to determine potential impacts to on -going restoration initiatives. NIFA kill also review the human health risk assessment in the RI /FS to ensure completeness and address City= concerns such as public worker exposure to contamination and implications for future development, including indoor air quality= and construction worker exposure. Outputs: http:;';'aubumslmre;'depts;'pdd /environmental /3- Pro grams and Projects /?- Projects /1- Active Projects /Boeing IPG Giant /071414 Exhibit A Scope of Work CoA Updated.docx Page 1 DI.B Page 119 of 164 EXHIBIT A —SCOPE OF WORK INTEGRATED REDEVELOPMENT PLANNING PROJECT 1) Coordination with Citv and Ecology. 2) RI /FS review documents, data gap anal =ses, and other technical documents, as needed. 3.1.2 Technical Communications Assist elected officials, city staff, local businesses, and private citizens in understanding and responding to the groundwater plume and risks to human health and the environment. Communicate its impacts on public health, land use, and the local economy =. This task kill include development of a proactive communications strategy regarding the groundwater plume that complements efforts by Ecology. Qualitative research will be conducted to identify issues of concern to different stakeholders. This research effort will be coordinated kith stakeholder interviews conducted under task 3.2.3 to maximize efficiency. The consulting team kill work collaboratively kith City planning staff, communications staff, and Ecology to prepare the communications strategy including framing issues and identifying most effective media options. This task will also include design of targeted public information materials. Outputs: 1) Coordination kith City and Ecology in the development of public outreach and communication materials. Coordination may include providing and soliciting input on draft commtulication and public information documents, related City web page content, public workshop and /or informational open house agendas, and presentations and support materiels. 2) Public information materials, such as web -based communications, social media postings, and fact sheets 3) Summary of written and /or electroluc public comment and responses received by the Citv during the grant performance period as a result of the materials developed Larder this subtask. 3.2. Economic Assessment Objectives: • Assess potential, area - -,vide impacts on property value and economic development associated -,vith the ground water contamination, resulting from actual or perceived issues. • Forecast potential impacts to City tax revenues if property values decline from perceived stigma and /or true costs of mitigating environmental impacts. 3.2.1 Research and Conceptual Model Conduct a literature review regarding economic impact of similar underground/groundwater releases. Based on the review, outline a conceptual model for characterization and valuation of economic impact evaluation of contamination associated with the Boeing Auburn Site. Outputs: 1) Coordination with Citv and Ecology in the development of the conceptual economic impact model, where such coordination will include soliciting Ecology input regarding potential data sources, peer - reviewed literature, other published sources, and case studies that may be appropriate for model development. 2) Draft and final report describing the conceptual economic impact assessment model for Ecology's review and comment. http:;';'aubumslmre;'depts;'pdd /environmental /3- Pro grams and Projects /?- Projects /1- Active Projects /Boeing IPG Giant /071414 Exhibit A Scope of Work CoA Updated.docx Page 2 DI.B Page 120 of 164 EXHIBIT A —SCOPE OF WORK INTEGRATED REDEVELOPMENT PLANNING PROJECT 3.2.2— Affected Area GIS Analysis Utilize GIS resources to identify all properties ,vithin the Boeing Auburn Site groundwater plume. Potentially extend the area of evaluation to encompass a ring of secondary properties not overly =ing the plume area, but nearby that could be affected by future plume expansion and /or market perceptions. Gather relevant parcel data and property value information for each property. Compare characteristics of properties in terms of valuation trends, sales pricing, and tax payment status. The GIS model will be designed and provided to the City to empower City staff to update and apply the model for future analyses. Outputs: 1) Coordination kith City and Ecology in the development of the GIS data model and base map, and the information /anal =ses the model kill be designed to provide/ perform. To the maximum extent possible, the GIS data model -,vill be designed to have long term utility and broad applicability by providing for both: a) ongoing update and use as new information regarding the contaminant plume or affected properties becomes available to the City, and b) potential use by other commuuiities /sites where the basic data model can be utilized to address similar issues and questions based on inputting that community's site- specific data. 2) Digital copy of the GIS data model, including copies of GIS - formatted files with metadata as available for all data sets used, and data model design documentation. 3) Brief report of GIS analysis and map products 3.2.3 Stakeholder Interviews and Suu-vey Interview a range of approximately 15 -20 stakeholders with knowledge relevant to the types of economic impacts addressed by the analysis, including property owners, City staff, attorneys, and lending companies. Assess awareness of contamination and collect suggestions regarding public communication strategies and short /long -term mitigation. These interviews will inform the economic analysis, communications strategies, and development policies and strategies prepared under this scope of work. Outputs: 1) Coordination with City and Ecology in the development and implementation of the community stakeholder interviews and survey instrument. Coordination to include providing and soliciting input from Ecology on the draft stakeholder interview design and draft survey instrument, and providing Ecology with copies of the final interview design and of final sunrey(s) to be used. 2) V'ritten summary of survey responses, suggestions, and other community input received as a result of the stakeholder interviews. 3.2.4— Economic Impact Evaluation Impacts may include construction delays or cost increases, ability to transact properties, development limitations imposed by restrict environmental covenants, and lost tax revenues for properties that cannot be economically developed. The evaluation will include a preliminary draft to be presented to the City, Ecology, and other relevant stakeholders. The four elements of the evaluation are: http:;';'aubumslmre;'depts;'pdd /environmental /3- Pro grams and Projects /?- Projects /1- Active Projects /Boeing IPG Giant /071414 Exhibit A Scope of Work CoA Updated.docx Page 3 DI.B Page 121 of 164 EXHIBIT A —SCOPE OF WORK INTEGRATED REDEVELOPMENT PLANNING PROJECT • Observed valuation effects- -based on real market value and sales transaction data within primary /secondary impact areas relative to non- affected comparable properties. • Cost component analysis —based on specification of cost estimates for redevelopment components (i.e., construction, transaction, covenant- related). • Reconciliation of valuation and cost component analysis methods/ conclusions regarding direct economic impacts to primary/ secondary properties. • Calculation of lost property tax revenue to affect jurisdictions based on estimates with composite economic impact calculations. The draft and final economic reports will include recommended strategies to reconcile real and /or perceived lost property values and to assist the Citv in mitigating potential financial impacts. These strategies kill inform and be integrated into the policy recommendations formulated under task 3.3 Outputs: 1) Coordination with Citv and Ecology in the development of the economic impact evaluation approach. 2) Draft and final economic evaluation report. 3.3. Planning & Implementation Strategies Objectives: • Mitigate impacts of environmental contamination on provision of public senTices and property development. 3.3.1 Community= Involvement Develop an on -going strategy for public outreach and communication with both Citv residences and the economic development community. The commrulitv involvement plan will be integrated with stakeholder intenTiews and input received as part of the economic analysis. The plan will focus on communication, messaging, and education. This plan will build on the communications strategy prepared under task 3.1.3 and provide guidance for a sustained communitv involvement effort beyond the scope of this project. Outputs: 1) Draft and final community involvement plan. 3.3.2 —Policy Recommendations Research and develop potential city policies and procedures for utilitv work and earth -,work llvithin the plume area. Recommended policies will consider safe practices for workers, and land use and development restrictions necessary to protect workers and future building dwellers from exposure to contaminants. Outputs: 1) Coordination with Citv and Ecology on policy recommendations. 2) Draft and final policies document. 3.3.3 Development Strategies http:;';'aubumslmre;'depts;'pdd /environmental /3- Pro grams and Projects /?- Projects /1- Active Projects /Boeing IPG Giant /071414 Exhibit A Scope of Work CoA Updated.docx Page 4 DI.B Page 122 of 164 EXHIBIT A —SCOPE OF WORK INTEGRATED REDEVELOPMENT PLANNING PROJECT Leverage vision by creating a development strategy that considers environmental, regulaton,, and economic challenges. Recommend policy and tools to facilitate continued operation and rede -\relopment of property in the impacted area. Outputs 1) Coordinate kith Citv and Ecology in formulation of development strategies. 2) Draft and final de -\relopment strategy document. http:;';'aubumslmre;'depts;'pdd /environmental /3- Pro grams and Projects /2- Projects /1- Active Projects /Boeing IPG Giant /071414 Exhibit A Scope of Work CoA Updated.docx Page 5 DI.B Page 123 of 164 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Agreement for Services - Comprehensive Plan Update July 29, 2014 Department: Attachments: Budget Impact: Community Development & r t ®c- z $0 Public Works Administrative Recommendation: For discussion only. Background Summary: The Housing Element, is one of the required elements of a comprehensive plan and will need to be updated as part of our major update effort. As part of this update, Auburn's Comprehensive Plan needs to be consistent with the Countywide Planning Policies for both King and Pierce Counties as we are a two county jurisdiction. During 2012, when both counties updated their countywide planning policies, affordable housing was a major topic for the King County update. Rather than stay with the status quo of assigning affordable housing targets to each King County jurisdiction, Auburn along with the other South County cities challenged that line of thinking. The result was a new approach to affordable housing within King County. Jurisdictions that have significant affordable housing stock (Auburn falls into this category) are in position of maintaining that affordable housing stock rather than needing to create new affordable housing whereas an East King County jurisdiction may need to create new housing stock. Berk Consulting will assist the City with a housing inventory and assessment, a preservation and maintenance plan, policies that focus on the condition and preservation of existing housing, and a public outreach strategy related to housing. The City team will include staff from Community Development and Community Services. The proposed budget for this agreement is $40,000 and is budgeted in the 2014 Community Development budget. Reviewed by Council Committees: Finance, Public Works Councilmember: Wales Staff: Chamberlain DI.0 AUBURN * MORE THAN YOU IMAGINED Page 124 of 164 Meeting Date: August 4, 2014 Item Number: DI.0 DI.0 AUBURN * MORE THAN YOU IMAGINED Page 125 of 164 AGREEMENT FOR PROFESSIONAL SERVICES AG -C -452 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and BERK CONSULTING whose address is 2025 First Avenue, Suite 800, Seattle, WA 98121, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31, 2014 and can be amended by both parties for succeeding years. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. The total compensation for this Agreement shall not exceed $40,000. Paid per rates are attached in the proposed budget as shown on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. Agreement for Professional Services AG -C -452 July 29, 2014 Page 1 of 11 DI.0 Page 126 of 164 The CITY agrees to pay the CONSULTANT in accordance with the proposed budget outlined in Exhibit B for work performed under this Agreement. Exhibit B is attached hereto and by this reference made a part of this Agreement. The compensation to be paid to the CONSULTANT shall not exceed $40,000 for the year 2014. Compensation to be paid to the CONSULTANT for authorized work in succeeding years will be contingent upon availability of funds. The CONSULTANT will not undertake any work or otherwise financially obligate the CITY in excess of said not - to- exceed amount without a duly executed Addendum issued by the CITY. The total compensation for this agreement shall not exceed $40,000. The CONSULTANT shall be paid by the CITY for direct non - salary cost, per attached Exhibit C, at the actual cost to the CONSULTANT as outlined in the proposed budget. Exhibit C is attached hereto and by this reference made a part of this Agreement. These charges may include, but are not limited to the following items: outside reproduction fees, courier fees, subconsultant fees, and materials and supplies. The billing for non -salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and approved by the CITY prior to any effort being expended on such services. Agreement for Professional Services AG -C -452 July 29, 2014 Page 2of11 DI.0 Page 127 of 164 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contract or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non - salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts shall contain all applicable provisions of this AGREEMENT. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally- accepted professional planning standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a Agreement for Professional Services AG -C -452 July 29, 2014 Page 3of11 DI.0 Page 128 of 164 waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION /HOLD HARMLESS, The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries or damages caused by the sole negligence of the CITY. 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. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this 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, its agents, representatives, or employees. Agreement for Professional Services AG -C -452 July 29, 2014 Page 4of11 DI.0 Page 129 of 164 CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. below: CONSULTANT shall obtain insurance of the types and in the amounts described a. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 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. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be included as an additional insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the CONSULTANT had employees. However, the parties agree that a Agreement for Professional Services AG -C -452 July 29, 2014 Page 5of11 DI.0 Page 130 of 164 CONSULTANT who has no employees would not be required to have Worker's Compensation coverage. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: a. The CONSULTANT'S insurance coverage shall be primary insurance as respects 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. b. 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 has been given to the CITY by certified mail, return receipt requested. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A--VI I. The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. Agreement for Professional Services AG -C -452 July 29, 2014 Page 6of11 DI.0 Page 131 of 164 9. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, or where there is the presence of any sensory, mental or physical handicap. 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: Agreement for Professional Services AG -C -452 July 29, 2014 Page 7of11 DI.0 Page 132 of 164 (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the date of termination. Agreement for Professional Services AG -C -452 July 29, 2014 Page 8of11 DI.0 Page 133 of 164 Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained in performing this Agreement, whether completed or in process. 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations Agreement for Professional Services AG -C -452 July 29, 2014 Page 9of11 DI.0 Page 134 of 164 or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Lisa Grueter on behalf of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: Berk Consulting Attn: Lisa Grueter, AICP, Manager 2025 First Avenue, Suite 800 Seattle, WA 98121 Phone: 206.493.2367 E -mail: lisa erkconsultinecom 13.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 13.9 or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Agreement for Professional Services AG -C -452 July 29, 2014 Page 10 of 11 DI.0 Page 135 of 164 Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. CITY OF AUBURN Nancy Backus, Mayor Date ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney BERK CONSULTING I1 -Ya Title: Federal Tax ID # Agreement for Professional Services AG -C -452 July 29, 2014 Page 11 of 11 DI.0 Page 136 of 164 EXHIBIT A SCOPE OF WORK Housing Element Update Project Understanding The City of Auburn is updating its Comprehensive Plan in accordance with the Growth Management Act (GMA) by June 30, 2015. The City has requested BERK Consulting (BERK) provide assistance with the Housing Element preparation and potentially adoption. The preparation of the Housing Element will be consistent with GMA, VISION 2040, and applicable Countywide Planning Policies for King County and Pierce County. The Housing Element will need to integrate the results of the Imagine Auburn Visioning Process and the pending Health Impact Assessment. Coordination of the Housing Element preparation with other City staff responsible for other relevant elements such as Land Use and Human Services would also be needed. Targeted outreach to Auburn's ethnically diverse community would also be appropriate in developing the Housing Element Update. Assistance with the legislative review process including the Planning Commission, Human Services Commission, and potentially the City Council is also desired. Some review would likely occur jointly such as through a joint Planning Commission /Human Services Commission meeting. Work will begin mid August 2014. A draft Housing Element is anticipated by November 2014 to be integrated with other elements. Legislative review would occur in late 2014 and in the first half of 2015. Scope of Services Four project tasks are included in the scope of services: 0 Task 1. Launch Project and Identify Assessment Elements 0 Task 2. Housing Needs and Characteristics Assessment 0 Task 3. Housing Policies 0 Task 4. Targeted Public Outreach & Legislative Review Task 1. Launch Project and Identify Assessment Elements BERK will meet with the City's project team, that includes Community Services, at the onset to launch the project and to build a common understanding of desired project outcomes and how to best work together to ensure success. At the project launch meeting, BERK and City staff ( "the team ") will refine the scope of work, identify critical components of a useful assessment, and agree on preferences for project communications. The team will also identify data and other input that are critical to understanding the community's housing needs, and identify the best data source for Exhibit A Agreement No. AG -C -452 Page 1 of 4 DI.0 Page 137 of 164 each. BERK will provide a draft outline for the housing needs and characteristics assessment and proposed outreach strategies for early team feedback. The team will also confirm the project schedule and legislative meetings. Task 2. Housing Needs and Characteristics Assessment In Task 2 BERK will collect the quantitative data identified in Task 1. The assessment must both characterize the current state of housing in the city as well as indicate how gaps may be addressed to inform policies and efforts to remedy gaps in available options and services. As part of the assessment, BERK anticipates drawing on a number of public data sources. Existing reference documents to pull from include the current Consolidated Action Plan, Annual Action Plan, and Mayor's Innovation Project Technical Assistance Grant on Housing. While information and analysis needs will be finalized at project launch (Task 1), BERK anticipates this Assessment will include the following: Population and demographic characteristics. Population and demographic characteristics will augment the basic demographic profile produced in the Community Vision and include population structure; family structure; housing occupancy; racial, ethnic, and linguistic attributes; rates of disability; and household economic variables including income, employment, and labor force participation, income source, and commuting patterns. Population trends and projected growth. The analysis will identify projected population growth within the City over the next 20 years using regional population allocation assumptions. Housing supply. The analysis will identify the type and location of different housing stock and other variables to assess housing affordability in the City. The analysis will include an estimate of housing supply and quality according to income group that meets the requirement of King County's Countywide Planning Policies including very low, low and moderate housing needs categories based on ratios to Area Median Income. Housing quality. Drawing on the categories developed in the housing supply analysis, the assessment will also indicate housing quality based on county assessor and other data sources. Other variables. In addition to the topics addressed above, BERK will identify additional data sources to demonstrate current community conditions on additional topics identified at project launch. These may include data related to public health, education, or others as available from other studies and initiatives such as the Health Impact Assessment. BERK will compile the needs assessment into a City staff review draft. Consistent with the City's unique local housing conditions and role in the region, it is anticipated the needs assessment will focus on the condition and preservation and enhancement Exhibit A Agreement No. AG -C -452 Page 2 of 4 DI.0 Page 138 of 164 opportunities for existing housing. BERK will meet with City staff to review the draft report, and key ideas to carry forward in the policy update. Task 3. Housing Policies BERK will review existing Housing Element policies and identify specific policy alternatives for addressing housing needs where there is a gap between the inventory and the future need. Policy options would reflect state and regional housing goals (such as variety, affordability, and encouraging the preservation of existing housing stock), with a focus on the condition and preservation and enhancement opportunities for existing housing. Policy alternatives will be presented along with key issues, options, and draft policy language. The document will describe current policies, and focus on policy updates based on unique community conditions identified in the needs assessment. As appropriate, BERK will also recommend updates based on Growth Management Act goals, PSRC's Vision 2040, and Countywide Planning Policies. Using the City's common Comprehensive Plan template and outline BERK will prepare a preliminary draft housing element. Following review by City staff BERK will make revisions and prepare a public review draft housing element. Through the legislative review process BERK will respond to comments and revise the element for public hearings and adoption. Task 4. Targeted Public Outreach & Legislative Review 4.1 Targeted Public Outreach In the first part of 2014, the City conducted a broad community visioning process to inform its overall Comprehensive Plan Update. To ensure that the Housing Element best reflects the needs and desires of Auburn's minority populations and protected classes, we will conduct additional targeted outreach to complement the recently established Community Vision. Outreach and engagement activities will be based on a community liaison model successfully applied in South King County and designed to reach targeted populations such as the community's Russian speakers (Slovak, Russian, and Ukrainian groups), Hispanic and Latino populations, Asian & Pacific Islander community, the Marshallese community, older residents, and other sub - populations identified by the City. The engagement activities will be designed to build upon the Vision's expressed priority for quality of life and explore the housing and community characteristic needs of each targeted population. To build in -roads in to the non - English speaking communities, we (BERK and City team members desiring to build on -going relationships) will meet with community leaders and seek their support in reaching additional members of the communities. Based on our initial conversations, we will development community - specific strategies to reach our targeted populations. Strategies may include providing a stipend to a community leader to "sponsor" a gathering, hiring community members to provide recruitment and interpretation services (such as the "Dynamic Language" Exhibit A Agreement No. AG -C -452 Page 3 of 4 DI.0 Page 139 of 164 provider'), or providing an in -kind service in exchange for access to a community group (such as a pastry cooking demonstration or English- Language Learning lesson /discussion group). We will be creative and opportunistic to design an engagement of mutual interest and benefit between the City and its constituencies. While the design will vary by group, the outreach activities will provide similar feedback as conventional interviews, focus groups, facilitated conversations at community events and, where possible, dialogue through ethnic media channels. The level of effort anticipated is included in the cost estimate; the type, number, and timing of the interviews and meetings and other activities will be confirmed at the kick off meeting through a discussion of outreach strategies. Task 4.2 Legislative Review BERK will support the City staff in the legislative review process for the Housing Element by attending meetings such as with the Planning Commission, Human Services Commission, and City Council at the City's direction. The meetings may involve joint or singular study sessions, hearings, or deliberations. BERK will attend a total of four public meetings at the City's direction. For budgeting purposes BERK has assumed the inclusion of interpreter /recruitment expenses assuming 4 -6 meetings across 4 language groups. Exhibit A Agreement No. AG -C -452 Page 4 of 4 DI.0 Page 140 of 164 EXHIBIT B PROPOSED BUDGET AND FEE SCHEDULE 2014 Hourly Rate $175 $140 $115 $75 Task 1 Launch Project and OdentiifyyAssessimment Elements 4 4 4 Subtotal 4 4 4 0 :11.2 $71.,720 Task 2° Housing Needs and Characteristics Assessment Associate MEMEEMMMMMEM Project Support Total Hours and Estimated Cost Manager Sr Associate 8 54 16 by Task 2014 Hourly Rate $175 $140 $115 $75 Task 1 Launch Project and OdentiifyyAssessimment Elements 4 4 4 Subtotal 4 4 4 0 :11.2 $71.,720 Task 2° Housing Needs and Characteristics Assessment 22 8 54 16 Subtotal 22 8 54 71.6 71.00 $11.2,380 Task 3° Housing Policies 22 8 32 8 Subtotal 22 8 32 8 70 $9,250 Task 4° Tairgeted Public Outireadh & Legislative Review Targeted Outrach 8 20 40 20 Legislative Meetings 16 8 Subtotal 24 28 40 20 71.71.2 $11.4,220 'rotall Estimated Hourrs 72 48 71.30 44 294 Cost (Hours *Rate) $12,600 $6,720 $14,950 $3,300 $37,570 Subtotal Consultant Cost $37,570 Onteirlpiretatiion and Rearuiitimment Expenses $2,71.00 General Project Expenses @ —1% of Ipiroject Ihudget $300 Estimated Project 'rotall $39,970 Exhibit B Agreement No. AG -C -452 Page 1 of 1 DI.0 Page 141 of 164 EXHIBIT C DIRECT NON - SALARY REIMBURSABLE EXPENSES • Outside Reproduction Fees • Courier Fees • Subconsultant Fees • Materials and Supplies • Mileage at $0.485 /mile or the current approved IRS rate. Exhibit C Agreement No. AG -C -452 Page 1 of 1 DI.0 Page 142 of 164 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and /or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement # (i.e.: AG -C -115). • Project number(s) listed (i.e.: PR562). • CITY'S project manager listed. • The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right -of -way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non -salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non - salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract — total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 151H • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG -C -452 Page 1 of 2 DI.0 Page 143 of 164 City of Auburn 25 West Main Auburn WA 98001 Attn: Scott Nutter (Project Engineer) Agency Agreement #: AG -C -010 SAMPLE INVOICE Invoice #: 5222 Progress Payment #: 2 Invoice Date: February 10, 2002 Project Name: Thomas Nelson Farm Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal 10 $ $ 749.00 Expenses (see attached documentation) Charges Multiplier Amount Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal 10 $ $ 72.49 Consultant Total: SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourly Rate Amount ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 25% 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 $ 1,026.00 100.00 Subconsultant Subtotal $ 19,793.61 $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 821.49 $ 2,860,00 . _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. _.. TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN Task Amount Authorized Prior Invoiced This Invoice Total Invoiced To Date % Expended % Completed Amount Remaining Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,600.00 $ 1,026.00 $ 3,681.49 $ 4,706.49 $ 19,793.61 Note: MRF= Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG -C -452 Page 2 of 2 DI.0 Page 144 of 164 'Alu,BURN VVAS I � I N G "i'(') N1 AGENDA BILL APPROVAL FORM Administrative Recommendation: For discussion only. Background Summary: The City Council approved Ordinance No. 5506 on April 2, 2001 establishing a traffic impact fee ordinance system for the City. On May 21, 2001, the City Council adopted the Downtown Plan that included policies and implementation strategies intended to foster, enhance, and promote the livability and economic vitality of the Auburn Downtown Business District. Policy 6 -2 of the Auburn Downtown Plan specified that if the City adopted a traffic impact fee system, consideration should be given to waiving the fee within the downtown with the intent that the waiver sunset after a five year period unless the Council elected to extend it. RCW 82.02.060 (2) states that local ordinances by which impact fees are imposed may provide an exemption for development activities with broad public purposes provided that the impact fees from such development activity are paid from public funds other than impact fee accounts. On May 7, 2007, the City Council approved Ordinance No. 6089 establishing Section 19.04.070 (A.9) of the Auburn City Code (ACC) creating a `Downtown Catalyst Area' exemption for the imposition and collection of traffic impact fees within this area. A provision to this exemption was that it would sunset on June 30, 2008, unless otherwise extended by the City Council. On May 19, 2008, the City Council approved Ordinance No. 6178 extending the traffic impact fee exemption sunset date for the `Downtown Catalyst Area' an additional two years to June 30, 2010. Council extended the exemption again through Ordinance No. 6412 until June 30, 2014. The City Council's previous approvals of the traffic impact fee exemption for the `Downtown Catalyst Area' was based on its determination that that promoting economic development in this area is beneficial to the City and serves a broad public DI.D AUBURN * MORE THAN YOU IMAGINED Page 145 of 164 purpose. Staff recommends that a similar determination is warranted to help promote continued redevelopment. The `Downtown Catalyst Area' is defined by (1) the boundary of West Main Street /East Main Street to the north, "A" Street SE to the east, 2nd Street SE /2nd Street SW to the south, and "A" Street SW to the west; and (2) the boundary of East Main Street to the south, Auburn Avenue to the east, 1 st Street NE to the north, and North Division Street to the west (see the attached map). Staff recommends extension of the traffic impact fee exemption until December 31, 2016. Staff is also requesting that the sunset date is at the end of the calendar year, which also aligns with the City's fiscal year. The Planning and Community Development Committee reviewed the ordinance and recommended approval to the full City Council at their July 28, 2014 meeting. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember: Holman Staff: Chamberlain Meeting Date: August 4, 2014 Item Number: DI.D DI.D AUBURN * MORE THAN YOU IMAGINED Page 146 of 164 ORDINANCE NO. 6 5 2 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 19.04.070 OF THE AUBURN CITY CODE RELATING TO TRAFFIC IMPACT FEE EXEMPTIONS WHEREAS, the City of Auburn is authorized by Chapter 82.02 RCW to require new growth and development within the City to pay a proportionate share of the cost of new facilities to serve such new growth and development through the assessment of impact fees; and WHEREAS, on April 2, 2001, the City Council approved Ordinance No. 5506 entitled, "The City of Auburn Transportation Impact Fee Ordinance" and, WHEREAS, Ordinance No. 5506 established a transportation impact fee system for the City; and WHEREAS, Resolution No. 4103 implemented a new fee structure for the traffic impact fee system for the City; and WHEREAS, on May 21, 2001, the City Council adopted Ordinance No. 5549 approving a new Downtown Plan that includes policies and implementation strategies intended to foster, enhance and promote the livability and economic vitality of the Auburn Downtown Business District; and WHEREAS, Auburn Downtown Plan Policy 6 -2 `Traffic Impact Fees' states that if the City adopts a traffic impact fee system, consideration should be given to waiving the fee within the downtown with the intent that the waiver sunset after a five year period unless the Council elects to extend it; and Ordinance No. 6526 DI.D July 25, 2014 Page 147 of 164 Page 1 of 5 WHEREAS, on December 18, 2006, the City Council approved Ordinance No. 6068 extending the sunset date for the exemption for the Downtown Plan Area for an additional six month period to June 30, 2007; and WHEREAS, on May 7, 2007, the City Council approved Ordinance No. 6089 establishing Section 19.04.070 (A.9) creating an `Downtown Catalyst Area' as defined in Section 19.04.020 (FF) of the Auburn City Code with the provision that this exemption would sunset on June 30, 2008, unless otherwise extended by the City Council; and WHEREAS, on May 19, 2008, the City Council approved Ordinance No. 6178 extending the sunset date for the `Downtown Catalyst Area' for an additional two year period, to June 30, 2010; and WHEREAS, on May 17, 2010, the City Council approved Ordinance No. 6308 extending the sunset date for the `Downtown Catalyst Area' for an additional two year period, to June 30, 2012; and WHEREAS, on May 21, 2012, the City Council approved Ordinance No. 6412 extending the sunset date for the `Downtown Catalyst Area' for an additional two year period, to June 30, 2014; and WHEREAS, the City Council desires to continue the exemption of traffic impact fees for the `Downtown Catalyst Area' even though the exemption has sunset; and WHEREAS, RCW 82.02.060 (2) states that local ordinances by which impact fees are imposed may provide an exemption for development activities Ordinance No. 6526 DI.D July 25, 2014 Page 148 of 164 Page 2 of 5 with broad public purposes provided that the impact fees from such development activity are paid from public funds other than impact fee accounts; and WHEREAS, the Council finds that there is value in continuing the traffic impact fee waiver for a portion of the Auburn Downtown Plan area; and WHEREAS, the Council has found that promoting economic development in the `Downtown Catalyst Area' is beneficial to the City and serves a broad public purpose. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 19.04.070 of the Auburn City Code, entitled `Exemptions,' regarding transportation impact fee exemptions, is hereby amended to read as follows: 19.04.070 Exemptions. A. The following shall be exempted from the payment of transportation impact fees- 1 . Replacement of a structure with a new structure of the same PM peak hour trip generation and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure. 2. Alterations, expansion, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. 3. Alterations of an existing nonresidential structure that does not expand the useable space. 4. Miscellaneous improvements, including but not limited to fences, walls, swimming pools, and signs. 5. A change in use where the increase in PM peak hour trip generation is less than the threshold stated in ACC 19.04.040(B). 6. Demolition, or moving of a structure out of the city. 7. Any building permit application that has been submitted to the department before 5:00 p.m. the business day before the first effective date of the transportation impact fee rate schedule and subsequently determined to be a complete application by the city. Ordinance No. 6526 DI.D July 25, 2014 Page 149 of 164 Page 3 of 5 8. All development activity within the "downtown plan area" as defined in ACC 19.04.020(1); provided, that this exemption shall sunset on June 30, 2007, unless otherwise extended by the city council. 9. All development activity within the "downtown catalyst area" as defined in ACC 19.04.020(FF); provided, that this exemption shall sunset one December 31, 28142016, unless otherwise extended by the city council. 10. Fifty percent of all development activity within the "downtown catalyst accessory area" as defined in ACC 19.04.020(GG), to the effect that the exemption provided hereby shall be for 50 percent of the applicable transportation impact fees; provided, that this exemption shall sunset on December 31, 2008, unless otherwise extended by the city council. 11. All development activity within the "emergency public interest area" as defined in ACC 19.04.020(HH); provided, that this exemption shall sunset on December 31, 2008, unless otherwise extended by the city council. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective Date This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED- PASSED- APPROVED- Ordinance No. 6526 DI.D July 25, 2014 Page 150 of 164 Page 4 of 5 CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney 111171MTT".p Ordinance No. 6526 DI.D July 25, 2014 Page 151 of 164 Page 5 of 5 Downtown Cataiyst Area �-° �r-- � , - "'�-�'—>��' -- � li L.ti.V:.s �_�� ._. � �'�-. .. -��" ,.,.d a=,n - — . � � . � ��- - , .,T �"_ �1 �.^�_,' ,� , :�c ,�tt i ' ..��r � „" �� 1 � r L-�-� . ; �� '�3 _ I ( 1. q'` � ^_E - N. , � t r� � u -� 1 ,r 1 � � i i � t•� ' ,.. , .; �f � � ,.i' �` ;��I — _ �.+.+ °� . �- a'_ '$.l j �.N'�r 1 '�i � + � ,' � 1 : .F�1 �6 . I . _ �w . i . T_ ��� 'µ�C 1 3 • i �.� . Y ���.. ' ' y � ' � � r, � F d � _ . 1 ` � � � + f `II ;� ^ ' �_!- !E� �♦ + � - ' �+ 1 � _ � 11' - i . " (I� y ' � 1 . - .��� II .I . �' �„-_ - i LJ� � I �• 1 � �;' • f I . � , . . � , � _ ' , � i � � � � - , . . , �, �-+� j � I � y��� -•� '� _.,� , ':/' �'! ' _ _ �r��, �+r -�M _, + �. � 1 �f* :�� � i � �5ir- . - 1. .1. �1�.� � - �� �I � ..;�; �T . * - t. _ ,�f _ � t .''_ _ , i ��y:�.� . : - } _ t _ ._ ! � . , � � I �,,,'a1.;,t �� � " i r� .� � - , ; w � �� �'' rf ` � — . -' . ��� �. �' " ': i i � �. . ', �y�St � ' I � �' I v : . , `� — i ,.�' ' �� , � + � ` ({ � �-_�_ .!��,� � r, � t ;�. ��.:. ..- �, �. ' -. � � . . - . _ . :. F . a . ". �� " . � , � � 4� Y �, _ _� . -�II' _ _ • ! 'f' ry . c` _i._ - '• ' .!. '� _ I -_ � ' � � �`p.. 1 F �_ , w^ .If,' - - � � - � _ _ � _ _ _ `� ' � ,. � � n _ . -c . i' ' �---� � ' n !� � �� � � �. - ,� F � -� ,+�. - _ r � ' �' ' `p _, ,.,1. � ' t� - �� - - _ - ' a_ � �. � � _ �..i� y � _ �,,� . .al I � I� `1 ' ' h��' * 1'�'�. r 1 ' ,•� �.r�.. i{�� ��. _ .. �� �,`' �� i ' ' . � _ y � _ i . I i � t , � ' - . - �Y� �1� � �1r� - g "` . 1�� . � . �.. i._ - _ " _ .- . -- - �.� ��i� S! I f I��e11!i�"l . y � � � - - � — � ���� - - � GnnteODareJi25R0ia � map Crea[e�by Ciry of aubum eG15 � � � InPormation shown is Por general reference � QLIIPOSPS OIIIY 311�DOPS11�[I1PCE553lI1Y % (jl represmt exac[geographic or cartographic w � � N Eata as mappeG.The Ciry of Auburn makes no � warranty as ro its accuracy. �' S 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Capital Project Status Report Department: Public Works AGENDA BILL APPROVAL FORM Date: July 30, 2014 Attachments: Budget Impact: CapitalPr9ject Status t $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember: Osborne Staff: Sweeting Meeting Date: August 4, 2014 Item Number: DI.G DI.G AUBURN * MORE THAN YOU IMAGINED Page 153 of 164 CQ CD C31 O h CA CAPITAL PROJECT STATUS REPORT Date: July 30, 2014 Page 1 of 7 Project Budget ($) Design Construction i+ u aj y aroj. Street, Total Estimated Adv. Finish Project L SP No. No. Location /Description Utilities Other Total Budget Costs Date c0 Date Manager status G � 0 872,372 (Fed Grant) 5,990,000 (FMSIB) M Street Underpass (Grade 2,630,509 Separation): (TIB) The purpose of this project is to grade 5,166,560 1,106,592 Q 'M' Final pay in process. Updated total 1 N 0 separate Street SE from the (Street) (King County) 22,474,007 22,216,249 100% Dec -11 100% Jun -14 Vondrak estimated cost to reflect the final CH2MHill Scarsella � Burlington Northern Santa Fe Stampede 150,000 1,542,800 Brothers payment to the Contractor. Pass Rail line in Phase 1 and completion (Water) (Ports) of the Auburn Black Diamond Road 478,000 Bypass connection is a future phase. (BNSF) 1,140,000 (RE ET2) 3,397,174 (PWTF) Citywide Traffic Signal Improvements: NThis 81,916 400,000 Valley Electric project will construct safety 2 N 481,916 472,889 100% Oct -13 100% Jun -14 Larson Project complete. N/A of Mount a � improvements at a number of signals (Street) (Federal) Vernon throughout the City. SCADA System Improvement - Technology Upgrades This project will upgrade the City's 2,814,399 SCADA system to meet Public Works (Water) goals. Budget and costs reflect 1,853,374 All sites have been converted. 3 5,529,323 5,470,379 100% Nov -09 98% Jul -14 Sweeting Punchlist, documentation, and training TSI TSI Ln cn technology contract and (Sewer) design /construction engineering. 861,550 is underway. Construction contract costs for the (Storm) physical site improvements are shown separately. Academy Booster Pump Station: c This project will update /replace the Work is underway. Adjusted the finish 4 c existing pump station in the Academy 3,526,255 3,526,255 3,168,295 100% Sep -12 98% Sep -14 Vondrak date to reflect material procurement. Carollo Rodarte (Water) Engineers water service area in order to meet fire Facility startup and testing underway. flow demands. Lea Hill Safe Routes to Schools Improvements: 398,500 N This project will complete improvements (Federal) Final pay in process. Updated project 5 N for safe walking routes to Hazelwood 147'784 (Street) 21,597 (Police 554,315 500,336 100% Jun -13 100% Jul -14 Truong budget numbers to reflect the final N/A Archer Elem., Lea Hill elem., and Rainer Middle & ASD In Kind payment to the Contractor. School along 116th Ave. SE and SE 312 Services) St. Page 1 of 7 (Q CD Cr Cr O h CA CAPITAL PROJECT STATUS REPORT Date: July 30, 2014 Page 2 of 7 Project Budget ($) Design Construction i+ u Proj. Street, Total Estimated aj Adv. y Finish Project L SP No. No. Location /Description Utilities Other Total Budget Costs Date c0 Date Manager status G � 0 D Street NE Utility Improvements: 300,000 42,200 (Water) (430 Port) This project will complete storm, sewer, 6 N water and street improvements related 567,944 162,203 1,840,847 1,840,847 100% Aug -13 100% Aug -14 Truong Final pay in process. N/A Jennings g (Sewer) (431 Port) Northwest to the Port of Seattle mitigation agreement on D Street NE. 171,29) 597,204 (Storm) (4332 2 Port) SCADA System Improvement - Physical 420,420 Site Improvements: (Water) This project will complete security site 52,815 7 r4 improvements at various utility locations 544,425 544,425 100% Mar -14 40% Dec -14 Sweeting Work underway. TSI RL Alia throughout the City. Budget and cost (Sewer) numbers reflect construction contract 71,190 and contingency amounts only. (Storm) AWS and M Street SE Intersection Improvements: This project will complete improvements e at the intersection per Option 2 selected 8 c N by the Public Works Committee, which 530,000 517,500 1,047,500 1,047,500 100% Jun -14 1% Dec -14 Larson Work underway. PSE completing N/A Rodarte u includes adding a right turn lane from (Street) (TIB) utility relocations. westbound Auburn Way S to M St SE and re- aligning the intersection of 17th St SE (on the north side of Auburn Way S) to be perpendicular to Auburn Way S. 104th Street & 8th Street NE Intersection Improvements: 0 This project will provide safety 278,608 100,000 PSE completing utility relocations. Valley Electric 9 N improvements at the intersection of 8th 378,608 370,514 100% Jun -14 0% Dec -14 Larson N/A of Mount Street SE and 104th Avenue SE, (Street) (Fed. Grant) Precon held on July 31, 2014. Vernon including signal modifications and sight distance improvements. Well 4Improvements: Contract documents being finalized. 10 cai N This project will construct a new building 1,303,519 1,303,519 1,259,139 100% Sep -14 Jul -15 Wickstrom Adjusted advertise and completion RH2 U to house a standby generator and (Water) dates to reflect coordination efforts disinfection equipment. on startup and testing procedures. Page 2 of 7 Y/ CQ CD Cr CA 0 h CA CAPITAL PROJECT STATUS REPORT Date: July 30, 2014 Page 3 of 7 Project Budget ($) Design Construction i+ u aroj. Street, Total Estimated aj Adv. y Finish Project L SP No. No. Location /Description Utilities Other Total Budget Costs Date c0 Date Manager status G � 0 Sewer Pump Station Improvements (Repair & Replacement Program): This project will repair and modify existing sanitary sewer pump station Go facilities located at: F St SE, R St NE, 11 N N 22nd St NE, Rainer Ridge, Valley 955,000 955,000 955,000 98% Aug -14 Jan -15 Truong Finalization of contract documents Jacobs / Norto Meadows, 8th St NE, Area 19, North (Sewer) underway. n Corrosion taps, Peasley Ridge, Riverside, and Terrace View to address access, corrosion resistance, site security and new generators where needed. 30th Street NE Storm Improvements: This project will replace the 30 -inch N storm drainage line along 30th Street NE 2,974,699 Finalization of contract documents 12 N 2,974,699 2,822,299 100% Aug -14 May -15 Truong Otak u from the north end of the Airport to the (Storm) underway. Brannon Park Storm Pump Station to address localized flooding issues. 2011 Storm Pipeline Repair and Replacement. Phase 2: This project will construct storm c drainage improvements on Hi -Crest 13 N Drive NW. The City is also designing and 377,740 377,740 411,195 55% Sep -14 Mar -15 Vondrak Design is underway. N/A (Storm) constructing the relocation of a Lakehaven Utility District (LUD) Watermain that is in conflict with the storm improvements, at LUD's expense. Well 1 Improvements - Well Replacement: N This project will rehabilitate or replace 2,476,568 Golder 14 c a Well 1 so that it can function at full (Water) 2,476,568 2,400,000 92% Aug -14 Apr -14 Vondrak Design is underway. Associates capacity and complete modifications to the Howard Road Corrosion Control Facility. 2014 Citywide Pavement Patching and Overlay Project: This project will N Design work is underway. Adjusted 15 complete pavement patching and 173,000 2,774,100 3,014,700 95% Dec -14 Jun -15 Carter advertise and completion dates to N/A U overlay treatments on arterial, collector (ICON) target favorable bidding and and local roadways for the purpose of construction season. pavement preservation through the City. Page 3 of 7 (Q CD C31 O h CA CAPITAL PROJECT STATUS REPORT Date: July 30, 2014 Page 4 of 7 Project Budget ($) Design Construction i+ u aroj. Street, Total Estimated aj Adv. y Finish Project L SP No. No. Location /Description Utilities Other Total Budget Costs Date c0 Date Manager status G � 0 Valley AC Watermain Replacement: N This project will repair or replace 16 a asbestos cement water lines along AWN, 1,233,574 1,233,574 1,208,722 62% Sep -14 Apr -15 Truong Design is underway. N/A 49th and B St NW and at the M &O /Parks (Water) Maintenance area. BNSF Utility Crossings Project: This project will address utility crossings 780,000 Go of the BNSF right -of -way that will be (Water) °m affected by the 3rd rail line that 320,000 Design work underway. SEPA 17 N U BNSF /Sound Transit plan to building in (Sewer) 1,600,000 1,600,000 80% Aug -14 Jan -15 Truong comment period underway. Parametrix 2015. The project will also replace a 500,000 storm drain pipe adjacent to the railroad (Storm) tracks at 37th Street. Annual Traffic Signal Improvements: This project includes procuring and 18 N M N 245,000 245,000 245,000 96% Sep -14 Dec -14 Barba Design work is underway. N/A U installing traffic signal equipment (328 Fund) upgrades for existing signals. Lakeland Hills Reservoir Improvement: This project will provide various Ln Consultant design work underway. 19 W c improvements at the reservoir, including 400,000 400,000 400,000 70% Sep -14 Aug -15 Larson Coordination with communications Gray& (Water) Osborne U painting, seismic upgrades, and facility companies underway. modifications. 220,000 M &O Storm Drainage Improvements: (Water) This project will construct a new N 999,400 20 N detention and treatment system for 470,000 (Ecology 2,179,041 2,179,041 ss% Oct -14 Jun -15 Wickstrom Consultant design work underway. Brown & (Sewer) Caldwell drainage at the M &O Facility and expand Grant) and improve the existing decant facility. 489,641 (Storm) 277th - Auburn Way North to Green River Bridge: 1,020,700 a This project will complete the widening (Federal) Design is underway. Working on an N of S 277th from the intersection of 989,185 2,300,000 21 N 8,309,885 8,309,885 37% Mar -15 Apr -16 Vondrak agreement with Kent for S 277th St Parametrix Auburn Way North to L Street NE, (Street) (Developer) transfer of right -of -way to Auburn. including the construction of a 4,000,000 pedestrian trail and relocation of the (TIB) floodway along S 277th. Page 4 of 7 (Q CD Cr 00 O h CA CAPITAL PROJECT STATUS REPORT Date: July 30, 2014 Page 5 of 7 Project Budget ($) Design Construction i+ u aroj. Street, Total Estimated aj Adv. y Finish Project L SP No. No. Location /Description Utilities Other Total Budget Costs Date c0 Date Manager status G � 0 Fulmer Wellfield Improvements: This project will be done in phases. The first phase 1A will complete investigation of the Fulmer Wellfield area to determine the required analysis 533,294 (Phase 22 c N and drilling program needed to utilize 1,750,000 1,750,000 1) 1,030,358 85% N/A TBD Fenhaus Consultant design work is underway. Golder (Water) Associates the full water rights. Phase 1B will (Phase 2) complete a drilling and testing program as well as an alternatives analysis. Phase 2 will complete the physical improvements. 37th St & B St NW BNSF Pre - Signal: v This project will complete improvements 23 0 N to the rail crossing at 37th Street NW 76,900 307,550 384,450 384,450 80% Sep -14 Dec -14 Sweeting Final design underway. BNSF KPG and B Street NW to address safety concerns. (Street) (Federal) permitting in process. Auburn Way South Pedestrian Improvements - Dogwood to Fir Street: This project will construct new sidewalks, street lighting system, 740,830 Working with WSDOT to obtain Go landscaped median island, a designated 219,782 (State) approval for design changes r in crosswalk, relocation of (Street) 100,000 associated with MIT concerns. 24 N 1,520,651 1,418,011 92% Jan -15 Dec -15 Sweeting CH2MHill u existing utility poles, and a u -turn at Fir 130,039 (Federal) Adjusted advertise and completion Street. This project also includes a (Water) 330,000 dates to reflect additional time public education element for pedestrian (MIT) needed for right -of -way acquisitions. safety. This project is planned to be constructed concurrent with project CP1119. Auburn Way South Corridor Improvements - Fir St. SE to Hemlock St. SE: Working with WSDOT obtain This project will widen AWS between Fir 200,849 ges approval for design changes and Hemlock Streets from 3 lanes to 5 (Street) 2,425,402 o r lanes and includes new sidewalks, street 13,853 (TIB) associated with MIT concerns. Right of g 25 N 3,517,005 3,484,703 92% Jan -15 Dec -15 Sweeting way acquisition /relocation underway. CH2MHill a lighting system, bus pull -outs, and (Water) 836,601 improvement of the Hemlock St. 40,300 (MIT) Adjusted advertise and completion intersection to include u -turns and a (Sewer) dates to reflect additional time new traffic signal. This project is planned needed for right -of -way acquisitions. to be constructed concurrent with project CP1118. Page 5 of 7 (Q 0 (}1 0 h CAPITAL PROJECT STATUS REPORT Date: July 30, 2014 Page 6 of 7 Project Budget ($) 2014 Local Street Reconstruction Design Construction i+ u aj y Project; aroj. Street, Total Estimated Adv. Finish Project This project will complete the L SP No. No. Location /Description Utilities Other Total Budget Costs Date c0 Date Manager Status G � 0 Auburn Way South & Riverwalk m (Water) Intersection Improvements: 28 r, roadways: 2,298,162 2,869,950 This project will construct improvements Jun -14 2% Dec -14 Carter Construction Underway. Jacobs Rodarte 500,000 co Project is no longer on hold due to MIT (Sewer) 26 to the intersection of AWS and 2,333,108 2,333,108 2,333,108 17% Mar -15 Dec -16 Larson coordination issues. New Project CH2MHH1 a Riverwalk Drive and complete minor (Federal) St SE Manager assigned. widening and add additional capacity Other SOS Projects: from the MIT Plaza signal to the CP1402, 2014 Citywide Pavement 176,083 176,083 Dogwood signal. Carter For status see CP1402. Patching and Overlays. AWS Flooding Phase 2: 2014 SOS Program Totals 2,474,245 3,046,033 This project will construct conveyance 1,638,000 2014 TOTAL SOS PROGRAM 2,474,245 3,046,033 CPS TOTAL improvements on 17th Street SE from A (Storm) 27 0 N Street SE to K Street SE and increase the 900,000 2,898,000 2,805,300 35% Mar -15 Dec -15 Wickstrom New Project Manager assigned. KPG u capacity of the existing detention pond (Water) located on A Street SE. The project will 360,000 also replace sewer and water facilities (Sewer) adjacent to the storm drain line. SOS Program Page 6 of 7 2014 Local Street Reconstruction Project; This project will complete the rn reconstruction of the following local 250,000 m (Water) 28 r, roadways: 2,298,162 2,869,950 100% Jun -14 2% Dec -14 Carter Construction Underway. Jacobs Rodarte 500,000 K St NE - East Main to 4th St NE (Sewer) H St SE & 19th St SE - 21ST St SE to 17th St SE 24th St SE - M St SE to R St SE Other SOS Projects: CP1402, 2014 Citywide Pavement 176,083 176,083 Carter For status see CP1402. Patching and Overlays. 2014 SOS Program Totals 2,474,245 3,046,033 2014 TOTAL SOS PROGRAM 2,474,245 3,046,033 CPS TOTAL 73,709,536 70,961,987 Page 6 of 7 OTH ER PROIECf 5 . pCf1ON BY OTHER COlNN11TTEE mate: July 30' 2p14 G .�?.. " stet Levee Pro lete neW levee This protect Wilton he Fenster Levee A a ,,provemGreengiver. alon the & p ron wa a plr ort Run ck repair application of Rehagilita Auburn cra e A Asphalt an land striping at th 6 ° slurry sea \, PROJEC u municipal Airpo T�TPAL OTHER tQ CD 0 0 C� 1,265,p00I 100% Ilun -14 676 6791 1000/6 Ilun -14 79 Andersen 35% D ec_14 Colemonl 0% Nov -14 wickstrom . Mork undefWay precon held JuIY 30, 2p14. King C °unty VI ng C °unty Century W esABlackline, Inc. Page 7 of 7 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Significant Infrastructure Projects by Others - Public Works July 30, 2014 Status Report Department: Public Works Attachments: t Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Osborne Meeting Date: August 4, 2014 Budget Impact: $0 Staff: Gaub Item Number: DI.H DI.H AUBURN * MORE THAN YOU IMAGINED Page 161 of 164 SIGNIFICANT INFRASTRUCTURE PROJECTS BY OTHERS — PUBLIC WORKS STATUS REPORT p Date: July 30, 2014 NOTE: Projects included on this list are those that have a broad public interest, significant impact to the public, involve interlocal agreements, and /or may include the installation of key infrastructure by others (such as pump stations etc.) Sv cs� CD CA N O h CA 1of1 Anticipated Completion Sponsor/ Permit(s) Date Per No_ Applicant Location /Description Length Issued Applicant Status Puget Sound 17th Street SE, K St SE to F St SE - Gas Main Replacement: This project will replace the existing 2 -inch gas main along 17th 1 Energy 1345 Feet Yes Aug -14 Restoration in progress with only roadway patching remaining. Street SE from K Street SE to F Street SE. King County Reddington Levee: Late Summer Contractor is in the process of restarting the remaining project 2 Flood Control This project will replace the Reddington Levee from approximately 0.9 Miles Yes 2014 work. District 26th St NE to 43rd Street NE. Work on the Phase 1 portion of the project has begun and is Auburn High School Replacement: anticipated to be completed in 2015. Phase 2 construction Auburn This project will include roadway and utility improvements to support N/A - Multiple which includes the permanent improvements along East Main 3 School District the new Auburn High School. Improvements include modifications Block Yes Summer 2015 St including a pavement overlay and new channelization is to Storm, Water and Sanitary Sewer mainlines and roadway Development scheduled to start in June and be completed by September improvements on Main Street and 4th Street NE. 2014. 124th Ave SE Half Street Road Improvements: Work is underway. Contractor has completed the roadway Yarrow Bay This project will complete half street roadway improvements on widening and utility work. Remaining work includes 5 Development 124th Ave SE from SE 304th St. north to approximately SE 290th 3,800 Feet Yes Summer 2014 landscaping, fence installation, channelization and final punch St. for the 3rd phase of the Verdana (Bridges) Plat development list. that is in Kent. S 300th Street Half Street Road Improvements: 6 PNW Holdings This project will complete half street roadway improvements on S 400 Feet Yes Fall 2014 Work is underway. LLC. 300th Street from 58th Place S. to approximately 62nd Ave. S for the Westrid a Plat development on the west hill. Auburn Way South and M Street SE /Howard Road: 7 Puget Sound This project will replace bare steel gas lines found during the Unknown Yes Summer 2014 Work is underway. Limits are unknown until PSE determines Energy relocation efforts associated with the City's AWS and M Street the length and location of the bare steel lines. Intersection improvements. 8 Puget Sound A Street SE - 23rd to 29th Street SE: 1000 Feet Yes Summer 2014 Only restoration work remains to be completed. Energy This project will replace steel gas lines. NOTE: Projects included on this list are those that have a broad public interest, significant impact to the public, involve interlocal agreements, and /or may include the installation of key infrastructure by others (such as pump stations etc.) Sv cs� CD CA N O h CA 1of1 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Action Tracking Matrix AGENDA BILL APPROVAL FORM Department: Attachments: Public Works Matrix Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember: Osborne Meeting Date: August 4, 2014 Date: July 30, 2014 Budget Impact: $0 Staff: Gaub Item Number: DI.I DI.I AUBURN * MORE THAN YOU IMAGINED Page 163 of 164 vrg M bra k Own PitvO� •t e _ NUMB p ub\ \U °a ftefW upaa _— Ding e Ong and \ys�s t °p�c JOT tt� sk BRA , 4 p\ete e a g °o d _ ing 10(20201 0 °nsu \tanttO cOm \ys�s. 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