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LUTC PKT 08-03-2015City of Federal Way City Council Land Use/Transportation Committee August 3, 2015 5:30 o.m. MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page A. Approval of Minutes: July 6, 2015 Upton 3 B. 21st Ave S Sidewalks Improvement Project Mullen 7 (S 320th Street to S 316th Street) -85% Design Status Report c. S 304th Street and 28th Avenue S Intersection Mullen 9 Improvements -Bid Award D. 21st Ave SW at SW 336th Street Intersection Mulkey 13 Improvements Project -Project Acceptance E. 20th Ave Sand S 316th Street Sidewalk Mulkey 15 Replacement Project-30% Design Status Report F. S 352"d Street Extension -PSE Relocation Mulkey 17 Agreement 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: Action or Info Action Action Action Action Action Action City Hall Council Chambers Council Date N/A August 11, 2015 Consent August 11, 2015 Consent August 11, 2015 Consent August 11, 2015 Consent August 11, 2015 Consent Time 5 min 5 min 5 min 5 min 5 min 5 min The LUTC meeting scheduled for Monday, September 7, 2015 has been cancelled due to Labor Day and has been rescheduled for Tuesday, September 8, 2015 at 5:30 p.m. in the Patrick Maher Room. 6. ADJOURN Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member City Staff Marwan Salloum P.£, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 This page left blank intentionally. 2 City of Federal Way City Council Land Use/Transportation Committee July 6, 2015 5:30 p.m. City Hall Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia Assefa-Dawson. Council members in attendance: Deputy Mayor Jeanne Burbidge. Staff in Attendance: Public Works Director Marwan Salloum, Assistant City Attorney Mark Orthmann, City Traffic Engineer Rick Perez, Street Systems Manager John Mulkey, Surface Water Manager Theresa Thurlow, Surface Water Project Engineer Fei Tang, Water Quality Coordinator Dan Smith, Street Systems Project Engineer Christine Mullen, Street Systems Engineer Jeff Huynh, Senior Traffic Engineer Erik Preston, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Chair Celski called the meeting to order at 5:31 PM. 2. PUBLIC COMMENT (3 minutes) Mary Marnard is a resident in Twin Lakes. She spoke in favor of proposed NTS options. Steve Hatch, Twin Lakes Home Owners Association Board Member, spoke in favor of the NTS improvements and would like to see water be made available for landscaping in the island. 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: June 1, 2015 B. c. Committee approved the June 1, 2015, LUTC minutes as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Approval of Minutes: June 8, 2015 Committee approved the June 8, 2015, LUTC minutes as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 S 356th Street (Pacific Highway South to Enchanted Parkway) Improvements Project - 85% Status Report Mr. Mulkey summarized this project noting that it will widen the road, add bike lanes, trees and sidewalks, utility relocation, street lighting and other improvements. He outlined outgoing tasks, estimated expenditures and available funding. This project is not currently scheduled for construction and additional funding sources need to be identified. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Forward to Council N/A N/A July 21, 2015 Consent Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member 3 City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 D. E. F. G. Twin Lakes '15 NTS -35th Ave SW (SW 325th Street to SW 32ih Street) Mr. Preston outlined the NTS scoring criteria and collision history specific to this location. He summarized proposed locations for traffic calming measures and mentioned there are some limitations to where devices can be placed. Ballots were mailed to residents in the area, two community meetings were held and the outcome of those outreach measures were discussed. Mr. Preston touched on the estimated cost of this project as well as available budget funds. A brief discussion was held regarding landscaping in the traffic circles. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Authorization to enter into an Agreement with King County for Services Related to Effectiveness Monitoring of the S 356th St Retrofit and Expansion Project Mr. Smith presented information on the S 356th regional detention facility. The facility was constructed in 1997 and has changed considerably over time. In 2011, Surface Water Management obtained a grant to retrofit the facility to include a water treatment within the pond area. The water runoff in this area mostly includes drainage from heavily developed commercial areas . The City received a grant and city staff designed the retrofit which included flow control, spill containment, treatment and a new bioretention facility. This project generated a lot of interest among other jurisdictions because it was unique in scope and size of a retrofitted pond to incorporate these water quality elements. It was then nominated under a regional stormwater monitoring program to undergo effectiveness monitoring through the Department of Ecology and ultimately selected for the project. This project will be entirely funded by the Department of Ecology. The City will be fully reimbursed for actual costs incurred to perform the water quality monitoring. Staff believes these efforts will help demonstrate the project's effectiveness in controlling flows and reducing contaminants in receiving waters in Federal Way . Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 Authorization to Accept the 2016 Water Quality Algae Control Program Grant and Enter Into a Grant Agreement with the Department of Ecology Mr. Smith stated Twin Lakes has experienced hazardous algae blooms in recent years. Staff applied for grant funding through the Department of Ecology and was awarded a grant to study the water quality in the Upper Joe's Creek watershed to identify, control and reduce external sources of pollutants that may be contributing to the hazardous algae blooms in Lake Lorene and Lake Jeane. This project includes monthly monitoring for approximately one year and includes a summary of findings and a public education outreach element for residents in the area. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Catch Basin (CB) Rebuild Small Public Works Contract Mr. Tang presented information on the catch basin repair and rebuild project. In the past, staff has performed this work but due to the heavy workload staff would like to outsource the work. Staff would like to request quotes to complete the work. A brief discussion was held regarding the specific work that is needed. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 July 21, 2015 Consent July 21, 2015 Consent July 21, 2015 Consent July 21, 2015 Consent Committee Members Bob Ce/ski, Chair 4 City Staff Ma!Wan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Kelly Maloney, Member Lydia Assefa-Dawson, Member H. I. J. K. L. Authorization to enter into an Agreement for Water Resource Inventory 9 (WRIA 9) Ms. Thurlow stated that as a jurisdiction within a portion of the Green River Watershed, the City of Federal Way has been an active member of the Water Resource Inventory 9 (WRIA 9) management committee for salmon conservation based planning efforts in the Green/Duwamish River and Central Puget Sound watershed since 2001. In 1999 the Chinook salmon runs were listed as threatened under the endangered species act which is what prompted the initial WRIA 9 lnterlocal Agreement implementation. Several jurisdictions came together to recover the chinook salmon population. A salmon habitat plan was developed which aimed to protect and restore the habitat, to oversee land use planning and public education outreach. As a participant, the City would commit to an initial term of ten years and would have a cost share amount based on population, assessed value and area percentage of each jurisdiction within WRIA 9. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 1st Ave Sat S 328th Street Intersection Improvements -Bid Award Ms. Mullen presented information on the project noting five bids were received and the lowest responsive, responsible bidder is Miles Resources, LLC. She further noted available funding and estimated expenditures. Staff is requesting Council authorize the transfer of funds from the Traffic Impact Fee and unallocated CIP Fund to address the budget shortfall for the project. A brief discussion was held regarding transfer of funds. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 S 288 th Street preservation Proj~ct -Bid Award Mr. Huynh stated four bids were received and the lowest responsive, responsible bidder is Tucci and Sons, Inc. He highlighted estimated expenditures and available funding. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 S 324th Street Preservation Project -Bid Award Mr. Huynh gave a brief presentation on the S 324th Street Preservation Project. Three bids were received and opened. The lowest responsive, responsible bidder is Tucci and Sons, Inc. Mr. Huynh noted the estimated expenditures and available funding for the project. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Maloney Passed: Unanimously, 3-0 Acceptance of Transportation Grant -Sacajawea Safe Routes to School Mr. Perez provided a summary of the grant noting that the grant is for the Sacajawea Safe Routes to School project. He further mentioned the grant funds would be used to construct sidewalks on the south side of Dash Pt Rd/ 16 th Ave S into the school. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 July 21, 2015 Consent July 21, 2015 Consent July 21, 2015 Consent July 21, 2015 Consent July 21, 2015 Consent Committee Members Bob Ce/ski, Chair 5 City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Kelly Maloney, Member Lydia Assefa-Dawson, Member 4 . OTHER 5. FUTURE MEmNGS/AGENDA ITEMS: The next LUTC meeting will be Monday, August 3, 2015 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 7:01 PM . COMMITTEE APPROVAL: Bob Celski, Chair Committee Members Bob Ce/ski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member Attest: Kelly Maloney, Member 6 Shawna Upton, Administrative Assistant II Lydia Assefa-Dawson, Member City Staff Marwan Salloum, P.E , Public Works Director Shawna Upton, Administrative Assistant fl 253-835-2703 COUNCIL MEETING DATE: August 11, 2015 ITEM#: --------·--_ __;:===- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21st Ave S Sidewalk Improvement Project (S 320th Street to S 316th Street)-85% Design Status Report POLICY QUESTlON: Should the Council authorize staff to proceed with design of the 21st Ave S Sidewalk Improvement Project (S 320th Street to S 316th Street) and return to the LUTC and Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee CATEGORY: [8J Consent 0 City Council Business 0 Ordinance 0 Resolution MEETING DATE: August 3, 2015 0 Public Hearing 0 Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated August 3, 2015 . Qp:ti.c:»~~ Gc:»~~!~~rE!cl= __ 1. Authorize staff to proceed with the design of the 21st Ave S Sidewalk Improvement Project (S 320th Street to S 3 l 6th Street) and return to the LUTC and Council at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the August 11, 2015 Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVA CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the August 11 , 2015 Council Consent Agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PRO PO ED COUNCIL MOTION: "/move lo authorize ta.ff to proceed with the design of the 21st Ave S Sidewalk lmprovenumt Project (S 320th Street to S 316th tre e t) and return to the LUTC and Council at the 100% design completion stage for fiirther reports and authorization . " (BELOW TO BE COMPLETED BYC/TY l£Rf(SOFFIC£J COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinanc es only) REVISED -02/0612006 7 COUNCIL BILL# IST reading Enactment reading ORDINAl"'CE # RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: August 3, 2015 TO: Land Use and Transportation Committee VIA: FROM: Jim Ferrell, Mayor t'i_ Marw~m Salloum, P.E., Public Works Director ~ Christine Mullen, P.E., Street Systems Project Enginee~ 21st Ave S Sidewalk Improvement Project (S 320th Str~eY'to S 316th Street)-85% Design Status Re ort SUBJECT: BACKGROUND: This project will install sidewalks on the west side of 21st Ave S from S 320th Street to S 316th Street. This project requires right-of-way acquisition from one parcel. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Project Design to 85% • Utility Coordination • NEPA/SEP A Approval • Right of Way acquisition process preparation Ongoing Tasks Include: • Final Contract Specifications • Project Design to 100% • Right of Way Finalization PROJECT ESTIMATED EXPENDITURES: Design Right of Way 2016 Construction Cost 10% Construction Contingency Construction Management TOT AL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds PSRC Grant (County Wide Non-Motorized) TOTAL AVAILABLE BUDGET PROJECT BUDGET SHORTFALL: $142,350 $330,000 $720,000 $72,000 $90,000 $1,354,350 $75,000 $397,350 $472,350 -$882,000 This project is not scheduled for construction at this time. Construction funding needs to be identified. As we proceed with the project design , the total project costs will be refined and presented to the Committee and Council at the 100% design completion status report for further action . 8 COUNCIL MEETING J?ATE: August 11, 201 ~------· ________ IT_E_M_#_::=====-· CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 304th Street at 28th Avenue S Intersection Improvement Project Bid Award POLICY QUESTION: Should the Council award the S 304th Street at 28th Avenue S Intersection Improvement Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 3, 2015 CATEGORY: ~ Consent 0 Ordinance 0 Public Hearing 0 City Council Business 0 Resolution 0 Other ST~FF REPORT BY: Christine Mullen, P.~eet Systems Project Engineer DEPT: Public Works ______ _ Attachments: Land Use and Transportation Committee memorandum dated August 3, 2015. Options Considered: 1. Award the S 304th Street at 28th Avenue S Intersection Improvement Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $592,441.90 and approve a 10% contingency of $59,244.19, for a total of $651,686.09, and authorize the Mayor to execute the contract. 2. Reject all bids for the S 304th Street at 28th Avenue S Intersection Improvement Project and direct staff to rebid the ro~ct and return to Committee for further_ a~tion. __________ _ MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Aug t 11, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: CHIEF OF STAFF: COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the August 11, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "[move to authorize staff to award the S 304th St at 28th Avenue S Intersection Improvement Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of $592,441. 90 and approve a 10% contingency of $59,244.19, for a total of $651,686.09, and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -08/12120 lO 9 COUNCIL BILL# tsT reading Enactment reading ORDINANCE# RESOLUTION # DATE: August 3, 2015 CITY OF FEDERAL WAY MEMORANDUM TO: Land Use and Transportation Committee Jim Farrell, Mayor • Ji VIA: FROM: Marwan Salloum, P.E., Public Works Director ~'-lllllls:Z?.=......---- Christine Mullen, P.E., Street Systems Project Engineer~ SUBJECT: S 304th Street at 28th Avenue S Intersection Improvements -Bid Award BACKGROUND: Two bids were received and opened on June 21, 2015 for the S 304th Street at 28th Avenue S Intersection Improvement Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Miles Resources, LLC, with a total bid of $592,441.90. AVAILABLE FUNDING: The available budget for the S 304th Street at 28th Avenue S Intersection Improvement Project is $1,230,000 and is comprised of the following: Mitigation Fee Budgeted City Funds in 2013 Budgeted City Funds in 2015 TOTAL AVAILABLE BUDGET ESTIMATED EXPENDITURES: $17,000 $400,000 $813,000 $1,230,000 The following is a breakdown of the estimated total project costs based on the low bid: Design Right-of-Way Acquisition Construction Cost (Low bid) l 0% Construction Contingency Construction Management (In house) TOT AL PROJECT COSTS $293,130 $45,000 $592,441.90 $59,244.19 $88,866.29 $1,078,682.38 Total Project Costs are $151,317 .62 less than Total Available Budget. k:\lutc\2015108-03-15 s 304th street at 28th avenue s intersection -lli(l) award .doc I-' I-' ITE M NO --,- 2 3 ± 5 6 7 8 9 10 ii i2 IT 14 i5 iii i'7 i8 ii 20 21 22 23 T4 25 26 21 28 29" I ~ 32 33 34 35 36 37 36 39 40 41 42 43 44 45 46 TI 48 49 50 Si 52 :ll 54 S 304TH ST AT 28lli AVES INTERSECTION IMPR OVE ME NTS RFB NO. 15-004 BID OPE NIN G DATE JULY 2 1. 20 15 ... -. LTEM ~6 ,. c::---.-:-r .. -.~--.~=--..... ·~-.. r --· .. ·~· ... ~ t",._. .• .. ~ ~.;~-·-·•. • ... ~ .~~ -·. ·~· .. ( . • •• ,~'.;i,·_ APP ROX. Oll AN m v u Nrt PRIC E --... ~~--.~ ..... ~ ... ·1 llil!£1lf.~. . .. ·----·.· •" ;.-•.7--:-: ' .. ~'· f".,..~,:';~· ........ ···--·-·· i:JN IT -. -TOTAL uNIT !'RIC E. TOTAL UNIT PRI CE NllNOR CHANGE r·CALC I 1 . .-ss.ooMol 55.000.00 I S.5.000.00I SS.000.00 ( -$5.0oo.oo.-ss.ooo.oo CONSTR1JCTION SURVEYING I LS I 1 I S9)5o-:0ol -·sn5o.oo l 510.000.00I SI 0 .000.00 1 $8.000.00 I $8,000.00 AS·BUILTSURVEYAND RECORD DRAWINGS -.--cs I 1 I 5 2 .300.DOI $2 .300.00 I $250.00 I $250.001 S2 .000.00 I 52.ooo:oo SPCC PLAN ----i---.::s I 1 I 5750.001 $750.UO I $100.00I s 100.00 1 s1.ooo.00 1 Sl .000.00 PRIVATE PROPERTY RESTORATION I FA I 1 I s 1.ooo.001 s1.ooo.00 1 s 1~000.001 51.000.00 I ··s1 .ooo.00 1 S1.000.00 TYPE B PROGRESS SCHEDULE.(MINIMUM BID $5001 I LS I 1 I $500.00I ssoo.00 1--ssoo.001 SS00.00 1 -$500.00I SS00.00 MOBILIZ1\TION I [S I 1 I S52.500 .00I $52,500.oo r SB0 ,873.30( $80,673.30 ( S51 ,911 .00 I 551.911 .00 OFF·DUTY POLICE OFFICER I FA I 1 I S t.000.00I $1 .000.00 1 s 1.ooo.001 51 .000.00 1 $1 .000 .00 I $1 ,000.00 TRAFFIC CONTROL SUPERVISOR I HR r --16-0--,-si7--:-50~i.4oo:Oo.--Sfoo .ool $16.000.00 I ses .oo l s10Aoo:oo FLAGGERS I HR I 480 I $57.00I S27,360.00I $75.00I $36.000.00 I $40.00I $19200.00 PORTABLE CJ-IANGEABL.E MESSAGE SIGN I HR I 96o . -I --$13.001 s·12~480.00 l --Si.501 $2.400.00 I --sn>o l--$6.720 .00 OTHER TRAFFIC CONTROLLABOR I HR I 120 I S62.!iOI 57.500.00I S75.00I $9.000.00 I $SO .DO I SM00.00 CONSTRUCTION SIGNS. CLASS A I SF I 81 I 523.00I $1.403.00 I S53.00I $3.233.00 I $26.00 1 $1.525.00 CLEARING AND GRUBBING I LS I 1 I $22.000.00I $22.000.00 I $1 7.500.00I S17.500.00 I S9.500 OO I $9,500,00 REMOVAi: OF STRUCTURES AND OBSTRUCTIONS --ITS I 1 I 513.800.00I -·s13~000~001-srs.ooo.oo.-----s1s .ooo.00T -S2.fBO .OO I S2.180.00 SAWCl.JTTING I LF I 332 I $2..00! $664 oo r $3 .501 $1.162.00 I $10.00I $3.320 .00 GRAVEL BORROW INCL HAUL I TN I 10 I $21.75 1 $217.50 ( $195.00 J $1.950 .00 I $100.00 I $1.000.00 ROADWAY EXCAVATION INCL HAUL ----icy I 350 I 535.00 I $12.2 50.001 5 100.00 1 $35.000 .00 I $35.00 1 $12250 .00 !S HORING OR EXTRA EXCAVATION CLASS B I SF I 920 I S0.15 1 S138.00 ( SI .DO I $920.00 I $5.001 $4 .600.00 CONSTRUCTIO N GEOTEXTILE FOR UNDERGROUND DRAINAGE I SY I 130 I S9,00 I $\.170.00 I SS.60 1 s 1.11 8 :001 --s10.001 s1:aoo.oo CRUSHEDSURFACINGBASECOURSE I TN I 80 I 536.00 I $2 ,880.00 I 5 152.00 I s 12.1eo.001 560.00I $4,800.00 PERMEABLE BAUAST I TN I 40 I 5 113.00 I $4.520.00 I S.80 .00 1 S3.200.00 I S75.00I 53,000.00 HMACL 1/21N PG64-22 I TN I 80 I 5112..00 I SS.960.00 ( S1 71 ,00 I S13.68MOI 5300.00I S24 .000,00 CLASS 111 REINF CONC STORM SEWER PIPE 12 IN DIAM I LF I 97 I $96.00 I $9.312.00 ( 5100.00 I 59.700.00 I $75.00I $7.275.00 DUCTILE IRON STORM SEWER PIPE 12 IN DIAM I LF I 30 I S125.00 I S3.7SO .OO I $300.00 I $9.000.00 I S75.00I $2.250.00 CATCii BASIN TYPE 1 I EA I 6 I $1 .500.00 1 $9,000.00 I s2.ooo.00 1 $12 .000 .00 I $1 .700.00I $10.200.00 WATER QUALITY CARTRIDGE FILTER MANHOLE I LS I 1 I 5 32..500.00 I $32.500.00 I $31.000 .00 I $31 .000.00 I 532.600.00I 532.600.00 INLET PROTECTION I EA I 11 I $56.00 I S616.00 I 5200.00 I S2200.00 I -575.00I $825.00 HIGH VISIBILITY FENCE I LF I 260 I $5.00 I $1 .300.00 I 56.00 I S1.560.00 I $10.00I S2.600.00 EROSION/WATER POLWTION CONTROL I FA I 1 I S2.000.00 I $2.000.00 ( S2 .000.00 I $2.000.00 I S2 .000.00I 52.000 00 Si:EDING . FERTIUZING. AND MULCHING I AC I 0.02 I S140,000.00 I 52.800,00 I 534.000,00 I 5680.00I S20.000.00I $400.00 CEMENTCONC TRAFFICCUf(BANOGUTTER I LF ( 255 I $21 .0 0 I S5.355.00 I 537.00 I 59.435.00 ( S32.00I 58.160.00 CEMENT CONC RESIDENTIAL DRIVEWAY ENTRANCE . TYPE 1 I SY I 50 I $49.00 I $2,450.00 I s1 00.00 1 ss.000.001 575.00I 53.750.00 RAISEDPAVEMENTMARKERTYPE2 I HUND ! 0.18 I $1.725.00 I 5310.50 1 $1,700.00I 5306.00 I S420.00 I S75,60 COATEOCHNN LINK FENCE T'(PE 4 I LF I 29 I S58.75l ___ s1:703.7s l S3B.ob l s 1.102_00 J 550.00I $1.450 00 CEMENT CONCSiDEWAJJ< I SY I 10 I S49.00I S490 .00 I S105.00I $1.050 oa r 555.00] 5550 .00 CEMENT CONC CURB RAMP TYPE PARALLEL I EA I 1 I 5 1.250.00I S l .250.00 I S2.500.00 I S2 .500,00 I $1,500.00 ! $1 ,500 .00 PERVIOUS CEMENT CONCRETE SIDEWALK ( SY I 130 I 5 63.001 $8,190 OO I SlOB .001 $14.040.00 I 5 75.00 ] S9 .750.00 CEMENTCONC STAIRWAY I LS I 1 I S l 0 ,700.00I $10.700.00 I $13.000.00I S \3,000,00 I S2,500.00 I $2.500.00 MAILBOX SUPPORT TYPE 1 I EA"(_ j _ I $525.00I $525.00 I $900.00 I $900.00 I S300.00 I $300 .00 TRAFFIC SIG.NAL SYSTEM · IS 30(TH STREET.i.t28TH AVE SI. COMPl.ETE I LS I 1 I S230.000 .00I S230.000.00 I 5 230.000.00I $230.000 .00 I 5224.680.00 ! S224 ,680.00 ILLUMINATION SYSTEM. COMPLETE I LS r 1 I 5 12.350.00I 512,350.00 I 5 12 .250.00I $12.250.00 I $20,800 .00 I $20,800.00 INTERCONNECT SYSTEM. COMPLETE I LS I 1 I $12.900,00I 512,900 OO I $12.750 .00I $12.750.00 I 51 6.380.00] $16.380.00 PERMAN.ENT SIGNING I LS I 1 I S2.350.00I $2,350.00 I 52.000.00) S2 .000.00 ~00 I S1 .53Q.OO PAINT LINE I LF I 193 I Si301 ___ $443.9ol -$2.301 5443.90 1 $1.liOI 5289.50 PAINTED WIDE LANE LINE I LF I 152 I $3.00I $456.00 I 52.901 5440.BO I $1.70 1 S258.ol0 PLASTIC STOP LINE I LF ( 53 I S9.25 I $49025 1 S9.00I S477.00 I Sl 1 OO I 5583.00 PLASTIC CROSSWALK LINE I SF I 230 I 5 4.75 1 SC092:001 · $4.~I $1 ,035.00 I 5 5.00 I s1 .1~0 .oo PLASTIC TRAFFIC ARROW I EA I 4 I 5140.00 I S560.00 I 5 137.00I 5548.00 I $100.UO I 5400.00 PAINTED BICYCLE LANE SYM BOL I EA I 2 I $115.00 I $230.00 I $114.00I 5 228.00 I S t00 .00 1 $200 .0 0 ROCK RETAINING WALL I SF I 860 I $35.50 1 $30.530.00I $40.00) 5 34 ,400.00 I $50.00 I $43,000.00 POTHOLING I FA I 1 I S T,000.00 I $1 .000.00 ( s1.ooo.00 1 s1.ooo.00 1 s1 .ooo.001 $1 .000.00 RESOlUTIONOFUTIUTYC-ONFLICTS I FA-T 1 I S t.000.00 I S-1.000.00 I $1.000 .00I $1,000.00 I Sl.000.00I 5 1.000.00 WOOD FENCE \TQ't.M.·~7' · • i: -,··~<.~n ~ 1=~~==;!~"""'====='=;=.~~~~=-~·...l111c1~~1111mi1111~~·~·;1!!·L·!:i~·:~·~·z·~-;...-:•~·~·~~·~:·~·J~~: ... '~ 7~~·11;.i ,_ Confrilctor Total s · Bid Form 8 : Addendum acknowledgement C Bid Schedule D: Bid Signature E: Bid Bond F Suocontractor List G Combmeci Affidavit H: Contracto(s Compliance Conlractor's RegtStrauon S1a1e ID#'$ (UBI. Empl Sec , Excis e W<J x x N/A N/A x x x x x x x x x x x x x x x x This page left blank intentionally. 12 COUNCIL MEETING DATE: August 11, 2015 ITEM#: ---=-::....---- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21st A venue SW at SW 336th St Intersection Improvements Project -Project Acceptance POLICY QUESTION: Should the Council accept the "21st Avenue SW at SW 336th St Intersection Improvements Project" constructed by SCI Infrastructure, LLC. as complete? COMMITTEE: Land use and Transportation Committee CATEGORY: ~ Consent 0 Ordinance 0 City Council Business 0 Resolution MEETING DATE: August 11, 2015 0 Public Hearing 0 Other DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated August 3, 2015. Options Considered: 1. Authorize final acceptance of the 21 st Avenue SW at SW 336th St Intersection Improvements Project constructed by SCI Infrastructure, LLC., in the amount of $3,386,994.97 as complete. 2. Do not authorize final acceptance of the completed 21st Avenue SW at SW 336th St Intersection Improvements Project constructed ~Y. SCI Infrastructur ~ LLC. a~ c_s:i_!llpl~e an~J2.!:_0_vlde direction to_ staff. _ __ MAYOR'S RECOMMENDATION: The mayor recommend forwarding option 1 to the September l, 2015 City Council consent agenda for approval. COMMITTEE RECOMMENDATION: I move to forward Option 1 to the August 11, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the 21st Avenue SW at SW 336th St Inters ection Improvements Project constructed by SCI Infrastructure , LLC., in the amount of $3,386,994.97 as complete." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COt.:NCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVIS ED -l/2015 13 COl:NCIL BILL II 15T reading Enactment reading ORDINANCE II RESOLUTION II DATE: TO: VIA: FROM: SUBJECT: August 3, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee . Jim Ferrell, Mayor ~ Marwan Salloum, P.E. Publ ic Works D ir ector V\.- John Mulkey, P.E. Street Systems Ma nager 5(1; 2ls1 Avenue SW at SW 33~1' St Intersection Improvements Project -Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 21st Avenue SW at SW 3361h St Intersection Improvements Project constructed by SCI Infrastructure, LLC is complete. The final construction contract amount is $3,386,994.97. This is $137,248.88 below the $3,524,243.85 (including contingency) budget that was approved by the City Council on April 16, 2013. cc: Project File Central File K:\LUTC\2015\08-03-15 2 I 51 Ave SW at SW336th Street [ntersection [mprovements -Project Acceptance docx 14 COUNCIL MEETING DATE: August 11, 2015 ITEM#: __ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 20th Ave Sand S 3 l6th Street Sidewalk Replacement Project-30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the 20th Ave S and S 3 l6th Street Sidewalk Replacement Project and return to the LUTC and Council at the l 00% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent 0 Ordinance 0 City Council Business 0 Resolution ~(U;\..., STAFF REPORT BY: John t\l!~lkey, P.E., Street S stems Manager .> _ MEETING DATE: August 3, 2015 0 Public Hearing 0 Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated August 3, 2015. 0 tions Considered: --l. Authorize staff to proceed ·with the design of the 20th Ave S and S 316th Street Sidewalk Replacement Project and return to the LUTC and Council at the 100% design completion stage for further reports and authorization. 2 . Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The mayor recommends Option l be forwarded to the August l l, 2015 Council Consent Agenda for approval. MAYOR APPROVAL: CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option I to the August 1 I, 20 I 5 Council Consent Agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "/move to authorize staff to proceed with the design of the 20th Ave Sand S 3 I 6th Street Sidewalk Replacement Project and return to the L UTC and Council at the 100% design completion stage for .fi1rther reports and authorization . " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COi NCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 '\-IOVED TO SECOND READl:"iG (ordinances only) REVISED --02/06/2006 15 COllNC IL BILL 11 15T reading Enactment reading ORDINANCE II RESOLlTION II CITY OF FEDERAL WAY MEMORANDUM DATE: August 3, 2015 TO: Land Use and Transportation Committee VIA: FROM: Jim Ferrell, Mayor ~ _______.;;' Marwan Salloum, P.E., Public Works Director ~ John Mulkey, P.E., Street Systems Manager ~I"\. SUBJECT: 20th Ave Sand S 3 l6th Street Sidewalk Replacement Project -30% Design Status Report BACKGROUND: This Project will replace the existing 6-ft sidewalks with 12-ft sidewalks and provide city standard street scape in front of town squire park on ~oth Ave S and S 3 l 6th Street. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • The Topographical Surveys • Utility Coordination • SEPA Environmental Determination of Exempt status. • Required Right of Way calculation and transfer • Project Design to 30% Ongoing Tasks Include: • Final Contract Specifications • Project Design to l 00% • Right of Way Finalization PROJECT ESTIMATED EXPENDITURES: Design (In House design) Right of Way 2016 Construction Cost l 0% Construction Contingency Construction Management (In House) TOT AL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds TOT AL A VAlLABLE BUDGET $64,512 $0 $300,000 $30,000 $0 $394,512 $394,512 $394,512 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the l 00% design completion status report for further action. 16 COUNCIL MEETING DATE: August 11, 2015 ITEM#: ---------· ----·----- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL =====::__ SUBJECT: South 352nd Street (Pacific Highway South to Enchanted Parkway)Extension Project -Puget Sound Energy Relocation Agreement POLICY QUESTION: Should the Council authorize the Mayor to execute the Relocation Agreement between the City of Federal Way and Puget Sound Energy for the South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project COMMITTEE: Land Use and Transportation Committee CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: John Mulkey, P.E., Street Systems Manager .51l-'v MEETING DATE: August 3, 2015 D Public Hearing D Other DEPT: Public Works Attachments: !. Land Use and Transportation Committee memorandum dated August 3, 2015 2. Puget Sound Energy Relocation Agreement Options Considered: !. Authorize the Mayor to execute the Relocation Agreement between the City of Federal Way and Puget Sound Energy for the South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project. 2. Do not authorize the Mayor to execute the Relocation Agreement between the City of Federal Way and Puget Sound Energy for the South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Au st 11, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL . ......._~~~;Z::--...... CHIEF OF STAFF: )J;;JJ;~:~F COMMITTEE RECOMMENDATION: I move to forward Option 1 to the August 11, 2015 City Council consent agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa-Dawson, Member PROPOSED COUNClL MOTlON: "I move to authorize the Mayor to execute the Relocation Agreement between the City of Federal Way and Puget Sound Energy for the South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project." (BELOW TO BE CO/If PLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/OEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinunces only) REVISED -08/ I 2i2010 17 COUNCIL BILL# l 5T reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: SUBJECT: August 3, 2015 CITY OF FEDERAL WAY MEMORANDUM Land Use and Transportation Committee Jim Ferrell, Mayor L ___.... Marwan Salloum, P.E., Public Works Director~ John Mulkey, P.E., Street Systems Manager -s"2-"" South 352"d Street (Pacific Highway South to Enchanted Parkway) Extension Project -Puget Sound Energy Relocation Agreement BACKGROUND: The South 352nd Street (Pacific Highway South to Enchanted Parkway) Extension Project will construct new street with two thru lanes, a center tum lane and bike lane and sidewalks in both directions from Pacific Highway to Enchanted Parkway. Additional work will include storm drainage, curb, gutter, signal, street lighting, signing, channelization and landscaping. One consequence of the project is that PSE underground facilities must be relocated to avoid conflicts with project facilities. PSE has agreed to relocate their facilities into a trench and overhead facility. Most of PSE's facilities are located in private easements within the newly acquired right of way. Relocation of these facilities into the trench and overhead facility will be at the City's expense in its entirety. Per the attached agreement, the City will reimburse PSE for all costs associated with the installation of duct, vaults and overhead facility. The total estimated cost which the City will pay to PSE is estimated at $53,134.91. A copy of the proposed agreement is attached to this memo . 18 K:\LUTC\2015\08-03-15 5 352nd Street Extension -PSE Relocation Agreement.doc FACILITY RELOCATION AGREEMENT This Agreement, dated as of 2015 is made and entered into by and between Puget Sound Energy, Inc., a Washington corporation ("PSE"), and the City of Federal Way, Washington ("Government Entity"). PSE and the Government Entity are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity ("Facilities") that are located on or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described in Exhibit A attached hereto and incorporated herein by this reference. B. The Government Entity plans to construct improvements to South 352nd Street Extension Project (SR 161 to SR 99) ("Improvements"). C. In connection with the Improvements, the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission (the "WUTC"). D. The Government Entity has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the Relocation Work, including reasonably detailed drawings showing the planned lmprovements, (b) a list of the key milestone dates for the Improvements, and ( c) information concerning possible conflicts between PS E's Facilities and other utilities or facilities. The Parties, therefore, agree as follows: AGREEMENT Section 1. Relocation Work 1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this Agreement. 1.2 Performance of Relocation Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable efforts to perform the Relocation Work. PS E shall perform the Relocation Work in accordance with the schedule provided in Exhibit B (the "Relocation Schedule") with 19 -1- reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third party, nor shall the Government Entity be relieved or released from its obligations hereunder, in the event of any delay in the performance of the Relocation Work due to any (a) repair, maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or consistent with prudent utility practices to protect the performance, integrity, reliability or stability of PSE's utility systems or any systems to which such systems are connected. 1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including the Relocation Schedule and /or Relocation Cost Estimate) that result from (a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work; (b) delays in PSE's performance of the Relocation Work caused by the Government Entity (or its agents, servants, employees , contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work. In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and /or the Relocation Cost Estimate. 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform such obligations; provided, that if the Parties cannot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 5.5. PS E's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement. 1.5 Notice to Proceed with Construction Work. At least seven (7) days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work , the Government Entity shall either (a) provide to PSE a written notice to proceed with such construction work, or (b) terminate this Agreement by written notice to PSE. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. 20 -2 - Section 2. Operating Rights. Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for the acquisition of, and any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ("New Operating Rights"). Such New Operating Rights shall be in PS E's name, shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its sole discretion. The New Operating Rights shall be provided with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to commence the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities as located upon or relative to the Existing Operating Rights, unless and until PSE is in possession of the New Operating Rights. Puget Sound Energy will realease all easements within the new S 352nd Street Right-of-Way. Section 3. Permits. The Government Entity shall be solely responsible for the acquisition of, and any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given, made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits"). The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs. PSE shall not be obligated to commence construction for the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and any costs associated with any mitigation required by the Permits . Section 4. Materials and Ownership Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation Work. All materials, information, property and other items provided for, used or incorporated into the Relocation Work (including but not limited to the Facilities) shall be and remain the property of PSE. Section 5. Relocation Costs 5.1 Estimate. PS E's good faith estimate of the costs to perform th e Relocation Work is fifty three thousand one hundred thirty four dollars and ninety one cents ($53,134.91 21 -3 - -see the "Facilities Relocation/Modification Billing Detail"). The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work. 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be obligated to continue with performance of any Relocation Work unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice, then PSE may, at its discretion, terminate this Agreement. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5.5. 5.3 Relocation Costs. The Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance of the Relocation Work (the "Relocation Costs"). For purposes of this Agreement, the Relocation Costs shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation Work, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 . Statement of Costs -Invoice. Within sixty (60) days of the completion of the Relocation Work, PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice. 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement, the Government Entity shall promptly pay PSE, the following: (a) all costs and expenses incurred by PSE in connection with the Relocation Work (including, without limitation, all Relocation Costs incurred through the date of termination and such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Work); and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations. 22 -4- 5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice. Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement. During the performance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, of that Party and shall not be, or be construed to be, employees or contractors, respectively, of the other Party. 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees. Section 7. Disclaimers and Limitation of Liability 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty, tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement. Section 8. Miscellaneous 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any 23 -5- conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control. 8.2 Survival. Sections 2, and 4 through 8 shall survive any termination of this Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and following termination of this Agreement neither Party shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect. 8.3 -Waiver. The failure of either Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance; rather, the same shall be and remain in full force and effect. 8.4 Entire Agreement. This . Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties. This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby. 8.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event, in connection with the Relocation Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event. 8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed, properly addressed and stamped with the required postage, to the intended recipient at the address and to the attention of the person specified below the Parties' respective signatures on this Agreement. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with this section. 24 -6- 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof, the Parties have executed this Agreement as of the date set forth above. PSE: Puget Sound Energy, Inc. Attn: 25 -7 - Government Entity: By~~~~~~~~~~~~ Its Jim Ferrell, Mayor Address: 33325 8th Avenue South Federal Way, WA 98063-9718 (253) 835-2401 APPROVED AS TO FORM : Amy Jo Pearsall, City Attorney ATTEST: Stephanie Courtney, CMC , City Clerk EXHIBIT A FACILITIES AND EXISTING OPERA TING RIGHTS Pole Grid 310800-163157: Existing OH rights under Easement AFN's 4306591 & 9206090958 Pole Grid 310800-163174: Existing OH rights under Easement AFN 4306591 Pole Grid 310800-163180: Existing OH rights under Easement AFN 4306591 Pole Grid 310800-163203: Existing OH & UG rights under Easement AFN 7901030802 26 -8- EXHIBIT B RELOCATION WORK Electric Project Scope of work. Project Name: South 352nd ST Extention, SR-161 to Pacific Hwy South Notification Number: 10916531 PSE Job number 101092779 POl at grid number 31079-163134.Pole is in direct conflict with the new road aligrunent.Pole to be relocated from the east side of Pac. Hwy to the west side of Pac. Hwy. P03 at grid number 310811-163139. Pole is in direct conflict with the proposed streetlight location. Pole to be removed from the east side of Pac. P05 at grid number 310823-163135. Pole to be replaced with taller pole and anchor to acomidate new flying tap. P06 at grid number 310793-163130 Install new pole and anchor for overhead crossing west to P07. P07 at grid number 310797-163ll0 Install new pole and anchor for overhead crossing east to P06. P08 at grid number 310812-163U7 Install new pole and 3-phase transformer bank on west side of Pac. Hwy. P09 at grid number 310800-163157 Pole is in direct conflict with the new road aligrunent. PSE owned pole Existing Easement AFN 4306591 & 920609058 Remove un-used OH transformer and existing overhead primary and neutral 1 span ( 165')-east Work at this location is billable to The City of Federal Way. PlO at grid number 310800-163174 PSE owned pole Existing Easement AFN 4306591 Adjust underground cable & conduit north to back edge of NEW right of way to private property. 27 -9- Install nwe 575 J-Box in proposed walk and re-train existing 2-Phase primary. Remove overhead conductor 165'-west. Work at this location is billable to The City of Federal Way. P13 at grid number 310805-163181 Install new secondary service pole and transfer existing overhead srevice. Work at this location is billable to The City of Federal Way. P14 at grid number 130804-163194 Install new pole and transformer bank to feed services at P 13 and P 15 . Work at this location is billable to The City of Federal Way. P09 at grid number 310800-163180 Pole is in direct conflict with the new road alignment. PSE owned pole Existing Easement 4306591 Remove OH transformer and existing overhead primary and neutral I span east Work at this location is billable to The City of Federal Way. P15 at grid number 310804-163204 Install new secondary service pole and transfer existing overhead srevice's. Work at this location is billable to The City of Federal Way. J03 at grid number 310798-163224 PSE owned J-Box Existing Easement AFN 9206090954 Replace 575 vault and equipment as required to meet new grade. City has stated vault is approved to be in sidewalk area, but will need to match new sidewalk grade. Work at this location is billable to The City of Federal Way. V02 at grid number 310804-163245 (for reference only) This work is identified for reference only and is not part of the work in the cost estimate. Once the final plan for this work is determined it will be billed on a change order to the City. PSE owned 3-Phase pad mount transformer Existing Easement AFN 2006122800 l 680 Relocate existing vault north approximately 7-1 O' as well as a section of conduit and cable, up to 200' -220' in length (STA 95+28 -97+30 +/-).Relocate transformer to clear wall footing. Note : This area might get filled to match City of Federal Ways NEW road grade by property owner. Check with property owner (Corlis) and City to verify fill near transformer location Work at this location is billable to The City on a change order. J05 at grid number 310797-163283 28 -10- PSE owned J-Box Existing Easement AFN 920609054 Relocate/lower existing 575 vault and equipment as required to meet new grade. City has stated, vault is approved to be in sidewalk area. However, PSE vault shall be relocated behind sidewalk and in the ROW area behind sidewalk and at grade.Relocate the existing cable and conduit runnmg westerly, approximately 150'+ to accomodate cut area for road way and sidewalk changes. Cable and conduit should be placed in easement area outside city right of way. Work at this location is billable to The City of Federal Way. Schedule Worrk is scheduled for the fall of 2015 29 -11-