HomeMy WebLinkAboutContractCAG-18-276
( PUGET SOUND ENERGY
The Energy To Do Great Things
PERMIT FOR LIMITED USE OF OPERATING PROPERTY
PERMIT NO. 08-23-05-12172018
THIS LIMITED USE PERMIT made this My7°day of December, 2018 ("Effective Date") by and
between PUGET SOUND ENERGY, INC., a Washington corporation (''PSE" herein) and the City of
Renton ("Permittee" herein).
In consideration of the mutual promises of the parties and for other good and valuable
consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
1. Property. PSE hereby grants permission to Permittee to use the real property described on Exhibit
"A" attached hereto and incorporated by this reference (the "Property" herein) situated in King County,
Washington, subject to the terms and conditions of this Permit.
2. Term. The term of this permit is for a single day, permit shall begin and end on December 21,
2018 (the "Term").
3. Rent. Rent. This Permit is granted for and in consideration of mutually agreed upon terms ("Rent').
Permittee shall pay for any and all of PSE's costs associated with Permittee's use of the Property.
4. Use. Permittee may use the Property for a single bore pit as described on the HWA
GEOSCIENCES, INC, December 7, 2018 exploration plan and clarified by an email from Hebe Bernardo
on December loth, 20018, both documents attached here to and by this reference incorporated herein.
ANY ADDITIONAL USE OF THE PROPERTY REQUIRES PSE'S PRIOR WRITTEN APPROVAL, WHICH
PSE MAY WITHHOLD IN ITS SOLE AND ABSOLUTE DISCRETION. Permittee acknowledges that the
Property is an operating utility property of PSE and that PSE may use same for the purposes of its utility
business as fully as if this Permit had not been given. Permittee shall not erect any building or structures of
any kind on the Property, or use the Property for any purpose *other than specified in this Paragraph.
Permittee shall comply with all laws and ordinances applicable to the Property and Permittee's use thereof
and shall keep the Property free from any and all liens which might arise as a result of Permittee's use and
occupancy of the Property.
S. Indemnity; Environmental.
a. General Indemnity. Permittee acknowledges that the Property is subject to the hazards
incident to the operation of electric and gas utility systems. Permittee hereby agrees that PSE shall not be
liable for (i) any damage, injury, loss, expense or death suffered by Permittee or Permittee's agents,
employees, permittees, assignees; invitees, or contractors (collectively, the "Permittee Parties") on the
Property, or (ii) any damage, injury, loss, expense or death suffered by third parties, resulting from the use
of the Property. Permittee will defend, indemnify and hold PSE and its affiliates, agents, servants, directors,
officers and employees (the "PSE Parties") harmless from and against any and all losses, claims, demands,
actions, fines, suits, damages, penalties, liabilities, expenses, and costs (including, without limitation,
reasonable attorneys' fees) resulting from allegations or claims brought against PSE or the PSE Parties
occasioned by (i) injuries or damages to any person or entity or damage to, or theft or loss of, property
occurring in or about the Property caused by Permittee's or any Permittee Party's use of the Property, or
(ii) any actual or alleged breach of this Permit by Permittee.
b. Environmental Indemnity. Permittee will defend, indemnify and hold PSE and the PSE
Parties harmless from and against any and all losses, claims, demands, actions, fines, suits, damages,
penalties, liabilities, expenses (including, without limitation, remediation, removal, repair, corrective action,
or cleanup expenses), and costs (including, without limitation, reasonable attorneys' fees, consultant fees,
or expertfees) which are brought or recoverable against, or suffered or incurred by PSE or any PSE Parties,
which arise from or relate in any way to Hazardous Materials that are brought onto the Property by Permittee
or any of the Permittee Parties. As used herein, "Hazardous Materials" means and includes any substance,
material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental
Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids,
liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas);
and "Environmental Requirements" means and includes all applicable present and future statutes,
regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental
authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about
the Property or the environment, including, without limitation, the following: the Comprehensive
Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act;
the Model Toxics Control Act, and any regulations or policies promulgated or issued thereunder.
c. General Provisions. Without limiting the generality of the foregoing, for purposes of the
indemnities provided pursuant to this Permit, Permittee hereby waives its immunity under the Washington
State Industrial Insurance Act, Title 51 RCW, and all other applicable industrial insurancelworker's
compensation acts or their equivalent in the applicable jurisdiction. In case any action or proceeding is
brought against PSE or any PSE Party and such claim is a claim from which Permittee is obligated to
indemnify pursuant to this Section, then Permittee, upon notice from PSE, shall resist and defend such
action or proceeding with respect to that claim (by counsel reasonably satisfactory to PSE) at Permittee's
expense. The furnishing of insurance required hereunder will not limit the Permittee's obligations under
this Section. The obligations of Permittee under this Section will survive termination or expiration of this
Permit.
2 `
Si nature Date
6. tnsdrance.
a. Policies. Permittee shall at all times during the Term, at its sole cost and expense, procure
and maintain, or cause its agents, contractors and subcontractors to procure and maintain, in full force, at
minimum the following:
i. Insurance in accordance with the applicable laws relating to Workers'
Compensation and Employers' Liability insurance, regardless of whether such coverage or
insurance is mandatory or merely elective under the law;
ii. Commercial Auto Liability coverage including owned, hired and non -owned autos
with limits of $2,000,000 per occurrence for bodily injury (including death) and property
damage;
iii. Commercial General Liability coverage on an "occurrence' basis, including
coverage for productstcompleted operations, with no exclusions for explosion, collapse and
underground hazards, broad form property damage, blanket contractual liability, independent
contractors and personal injury, with coverage limits of $2,000,000 for bodily injury (including
death) and damage to property including resulting loss of use; and
iv. Umbrella Excess Liability coverage with limits not less than ;25,QQ9;9W per
occurrence. 4z 0, 00 0, 000 �
b. Insurance Reauirements. All insurance required to be held by Permittee under this Permit
shall:
i. Be placed with such insurers and under such forms of policies as may be
acceptable to PSE, having A.M. Bests Financial Security ratings of at least A-; VII;
ii. With the exception of Workers' Compensation and Employers' Liability, be
endorsed to name PSE as an additional insured;
iii. With the exception of Workers' Compensation and Employers' Liability, apply
severally and not collectively to each insured against whom claim is made or suit is brought,
except that the inclusion of more than one insured shall not operate to increase the insurance
company's limits of liability as set forth in the insurance policy; and
iv. Provide that the policies will not be canceled or their limits or coverage reduced or
restricted without giving at least thirty (30) days prior written notice to the Real Estate
Department of Puget Sound Energy at its home office: Puget Sound Energy, PO Box 97034
PSE-1 OS, Bellevue, Washington 98009-9734.
c. General Provisions. All insurance or self-insurance maintained by PSE is excess and not
contributory insurance with the insurance required within this Section 6. Permittee shall ensure that any
policies of insurance that Permittee or Permittee's agents, contractors or subcontractors carry_against loss
of or damage to property (including, but not limited to tools, equipment, vehicles, watercraft and aircraft) or
against liability for property damage or bodily injury (including death) shall include a waiver of the insurer's
right of subrogation against PSE. To the extent allowed by its policies, Permittee hereby waives all rights
of subrogation or otherwise that Permittee may have against PSE or any insurance company arising from
any risk to the extent covered by, or would have been covered by, Permittee's insurance required
hereunder. Permittee shall furnish to PSE insurance certificates, or copies of policies if requested, upon
mutual execution of this Permit, and thereafter, fifteen (15) days prior to the expiration date of such policies.
The requirements of this Section 6 and the acceptability to PSE of insurers and insurance to be maintained
by Permittee are not intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Permittee under this Permit nor failure of PSE to request or check Permittee's insurance limits
the obligations set forth.
7. Assignment; Termination. This Permit is not assignable. PSE may terminate this Permit for any
reason upon thirty (30) days' notice to Permittee.
8. Surrender and Holdover. Upon expiration or earlier termination of this Permit, Permittee shall
remove any personal property or facility which Permittee has placed upon the Property and shall otherwise
restore the Property to as good a condition as it was priorto the issuance of this Permit If Permittee remains
in possession of the Property after the expiration or earlier termination of the Term, such possession will
be month -to -month at a rate of 150% of the Rent.
9. Default. Permittee will be in default if Permittee fails to (a) pay any amount due under this Permit
within 5 days after such amount is due, or (b) comply with any other provision of this Permitwithin 10 days
after receipt of notice, provided that where any such default cannot reasonably be cured within a 10 day
period, Permittee will not be in default if Permittee commences to cure the failure within the 10 day period,
and thereafter diligently pursues the cure (but in no event shall such extended cure period exceed sixty
(60) days). If Permittee is in default pursuant to this Section, PSE may terminate this Permit immediately
upon notice to Permittee and/or pursue any other remedies at law or in equity.
10. Consequential Damages. PSE will not be liable to Permittee for consequential damages, such
as lost profits or interruption of Permittee's business.
11. No Waiver. No waiver by PSE of any provisions of this Permit is a waiver of any other provisions
hereof or of any subsequent breach by Permittee.
12. Miscellaneous. This Permit is governed by the laws of the State of Washington, excluding its
conflicts of law rules. If any provision of this Permit is determined by any court or governmental authority
to be unenforceable, the parties intend that this Permit be enforced as if the unenforceable provisions were
not present and that any partially valid and enforceable provisions be enforced to the extent that they are
enforceable. This Permit constitutes the complete and final agreement of the parties pertaining to the
Property and supersedes the parties' prior agreements, understandings and discussions relating to the
Property. No modification of this Permit is binding unless it is in writing and signed by PSE and Permittee.
This Permit may be executed in any number of counterparts, each of which will be deemed an original and
all of which counterparts together constitutes on agreement with the same effect as if the parties had signed
the same signature page.
EXECUTED as of the date first above written.
ACCEPTED:
City of Renton Puget Sound Energy, Inc.
By: ��Arrjr.- t&MA-eA
Cons&ng Rodl Estate Rep
Address: P.� C/'L ('}{
10 5 �(( `I�ouh-7 64ot(- W&' y ,��r 9 e0 5 7
Phone:
Exhibit "A"
THE SOUTHEASTERLY TWENTY (20) FEET OF LOT A OF CITY OF RENTON LOT
LINE ADJUSTMENT NO LUA 98-176-LLA AS RECORDED UNDER KING COUNTY
RECORDING NO 9902019014;
SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON;
SAID PERMIT AREA 1S MORE PARTICULAR DEPICTED ON THE DRAWING
PROVIDED IN THE HWA GEOSCIENCES REPORT, THE SINGLE BORING
LOCATION IS LABELED AS BH-4.
ULM&', � HWAGEOSCIENCES INC.
Georeclrnicnl &Foremen! LngrneerHtg-11),drogeolog y -Geoenvirornneurai Services • Inspecnon & Tearing
December 7, 2018
HWA Project No. 2017-147-21
Perteet
505 Fifth Avenue S., Suite 300
Seattle, Washington 98104
Attention: Marcus Elliott, P.E.
Subject: Renton Park Ave N Extension
Geotechnical Exploration Plan
Renton, Washington
Dear: Marcus,
HWA GeoSciences Inc. (HWA) is planning to conduct a geotechnical soil exploration program
in support of the Renton Park Ave N Extension Project in Renton, Washington. The
geotechnical exploration program will take place within the Boeing right of way and Puget
Sound Energy (PSE) property. Proposed borings BH-1 through BH-3 and BH-5 will be within
the Boeing right of way and proposed boring BH-4 will be within PSE property. We have
generated this narrative to convey the specifics of our proposed explorations within the right of
way of Boeing and on PSE property to the design team, the City of Renton, Boeing and PSE for
approval and permitting. The approximate locations of the proposed borings are in the attached
Site and Exploration Plan, Figure 1.
SCOPE OF WORK
To the north and northwest of the intersection of Park Ave N and Logan Ave N, where Park Ave
N turns into 757th Ave on Boeing's right of way, HWA proposes to conduct three (3) mini track -
mounted machine -drilled borings designated 13H-1 through BH-3 and one (1) larger track -
mounted machine -drilled boring designated BH-5 as shown on the Site and Exploration Plan,
Figure 1. HWA will access the locations of these borings directly from the Boeing right of way.
BH-1 through BH-3 will be drilled to a depth of 20 to 30 feet depending on the soil and
groundwater conditions. BH-5 will be drilled to a depth of 60 feet with the larger truck -mounted
machine to drill a larger diameter boring to allow the installation of a 2-inch diameter monitoring
well with a flush -mounted well monument. HWA will install a groundwater
monitoring transducer and will require access to the monitoring well for up to one 21312 30' Drive SE
suite 110
Bothell, WA 98021,7010
Tcl: 425.774,0106
Fax: 425.774.2714
ms,w-htvageo.com
Federal & State Certified
DIE / TV11VB;
December 7, 2018
HWA Project No. 2017-147-21
full year to monitor seasonal groundwater fluctuations. The drilling of BH-1 and BH-2 will have
no effect on traffic. The drilling of BH-3 and BH-5 will require temporary lane -closures.
On PSE property, located on the opposite side of the BNSF railroad tracks from the locations of
BH-I through BH-3 and BH-5, HWA proposes to conduct one (1) track -mounted Dietrich D50
machine -drilled boring, designated BH-4, as shown on Site and Exploration Plan, Figure 1.
BH-4 will be drilled to a depth of 60 feet with the track -mounted drill rig. A 2-inch diameter
monitoring well, with a flush -mounted well monument, will be installed at this location. HWA
will install a groundwater monitoring transducer in the well and will require access to the well
for up to one full year to monitor seasonal groundwater fluctuations. BH-4 will be drilled tower
down due to the proximity to overhead power. The location of the boring will be accessed
through the entrance to the PSE property from Lake Washington boulevard to the northeast.
HWA will mark the locations of the proposed borings and submit utility locate requests to the
one -call utility locate service prior to drilling. HWA has also scheduled a private utility locate
service, APS, to conduct an additional utility locate in the vicinity of the proposed borings. This
private utility locate is scheduled to be completed on the morning of Tuesday, December 18.
This utility locate work will be completed two days before the first mobilization of the
geotechnical exploration program which is scheduled with Geologic Drill on Thursday,
December 20th. The second mobilization of the geotechnical exploration program will be
scheduled with Holocene Drilling upon reception of the right of entry. The proposed boring
locations are subject to minor location changes based on underground utilities. We expect
drilling of the borings will take approximately one working day.
Performing the drilling of borings BH-1 through BH-3 will require Geologic Drill's track -
mounted mini drill rig and a support truck to occupy a small area during drilling. Performing the
drilling of borings BH-4 and BH-5 will require Holocene's truck -mounted D50 drill rig and a
support truck. While the drill rigs and the support trucks are mobilizing within the project site,
spotters will be present to keep pedestrians a safe distance away. Once the drill rig is at the
proposed boring locations, the work area will be coned off to provide a safe work environment
for the drillers and pedestrians.
PROCEDURE
Borings BH-1 through BH-3 will be performed by Geologic Drill with their Mini Track Auger
Drill. A picture of the drilling rig is shown in Appendix A, Figure A- l . The borings will be
advanced into the ground using the hollow -stem auger drilling technique. The proposed borings
will extend to depths ranging from 20 to 30 feet, depending on the soil and groundwater
conditions encountered. Standard Penetration Test (SPT) sampling will be performed in the
boreholes at desired intervals. Representative portions of soil samples, obtained by SPT sampler,
Exploration Work Plan 2 HWA GeoSciences Inc.
December 7, 2018
HWA Project No. 201.7-147-21
will be sealed in plastic bags. These soil samples will be returned to our Bothell, Washington,
laboratory for further examination and index testing. HWA assumes that approximately 2 cubic
feet of soil, associated with the SPT samples, will be transported back to HWA laboratory from
boring BH-4, within the PSE property. This small amount of soil will be disposed of by HWA
upon completion of laboratory testing. HWA does not plan to conduct environmental testing on
the samples collected.
For borings BH-1 through 13H-3 and BH-5, within the Boeing property, soil cuttings will be
placed in steel drums and transported off site for disposal by the drilling subcontractors. For
boring BH-4 on PSE property, soil cuttings will be placed in steel drums provided by PSE and
left on site for disposal by PSE. HWA expects that the soils cuttings from proposed boning BH-4
will fill no more than three 55-gallon drums. However, we request that a minimum of four 55-
gallon drums be provided.
The groundwater monitoring wells to be installed within the Boeing and PSE properties will
remain in place throughout the design phase of the proposed project. Both wells will be
decommissioned during construction of the proposed project by the contractor.
If visual or other indications of contaminated soils are observed during drilling, these
observations will be conveyed to PSE staff for boring BHA If evidence of contaminated soils is
observed at the time of drilling borings BH-1 through BH-3 and BH-5, within Boeing property,
the city will be notified, and the soil cuttings will be stored in drums at an agreed upon location
until a proper disposal site can be identified.
A geotechnical engineer or a geologist from HWA will log each exploration and record all
pertinent information including sample depths, stratigraphy, soil engineering characteristics, and
groundwater occurrence at the time of drilling. It is important to note that the ground water
encountered at the time of drilling could be substantially different from the actual groundwater
elevations.
HOURS ANI7 DURATION of WORK
We anticipate that drilling the five borings can be completed within two to three working days
given the limited daylight in the winter. Each 20-30-foot boring is expected to take 2 hours of
work, including set up and set down of the drilling equipment. Each 60-foot boring is expected
to take 3-5 hours of work, including setup and set down of the drilling equipment and the
development and installation of the groundwater monitoring well. HWA proposes to conduct all
the exploration work between the hours of 7:00 AM and 5:00 PM except for BH-5 which will be
drilled within the gore area of 757 Drive during the hours of 9:00 AM to 3:00 PM. HWA has
Exploration Work Plan 3 HWA GeoSciences Inc.
December 7, 2018
HWA Project No. 2017-147-21
scheduled the work for borings BH-I through BH-3 to take place on Thursday, December 20tI,
HWA will schedule the work for borings BH4 and BH-5 upon reception of the permit.
SURFACE RESTORATION
Upon completion of BH-1 and BH-2 the boreholes will be abandoned using a bentonite grout
slurry in accordance with DOE requirements and any cuttings at the surface will be removed.
The surface will be releveled and raked smooth using the native soils/gravel and vegetation
preserved prior to exploration.
After EH-3 reaches target depth, the borehole will be abandoned using a bentonite grout slurry in
accordance with DOE requirements and any cuttings at the surface will be removed. The
boreholes will be filled with bentonite grout to the base of pavement section. Any
unconsolidated soil directly below the pavement section will be compacted using a hand
operated slide compactor. Six inches of crushed gravel will be placed and compacted in the
borehole to the base of the existing pavement. Rapid setting concrete, dyed to match existing
pavement will be used to patch the affected surface.
After BH-4 and BH-5 reach their target depth, groundwater monitoring wells will be developed
and installed per DOE requirements. The surface restoration will include a flush mounted road
grade well monument.
SLUG TEST
HWA proposes to conduct a groundwater slug test at the locations of the two monitoring wells,
BH-4 and BH-5. The slug test will consist of quickly adding fresh water to the groundwater
monitoring well, and monitoring the changes to hydraulic head continually, to determine the
near -well hydraulic transmissivity. The slug test conducted at BH-5, within the gore area of the
Boeing access road, will be performed during the day -time hours of 9:00 AM to 3:00 PM. This
slug test will only require closing a small area off within the gore area with cones, no flaggers
will be required.
TRAFFIC PLANS:
The completion of the proposed explorations BH-I, BH-2 and BH-4 will not require lane closure
or traffic control. Cones will be placed around the drill rig at drilling sites to keep pedestrians a
safe distance away from the work zone.
Exploration Work Plan 4 HWA GeoSciences Inc.
December 7, 2018
HWA Project No. 2017-147-21
The completion of the proposed explorations BH-3 and BH-5 will require a temporary lane
closure and traffic control. HWA proposes to utilize WSDOT standard traffic control plan TC1
to drill proposed borings BH-3 and BH-5, as shown in Figure TC1.
O.O
If you have any questions or require additional information, please contact the undersigned at
your earliest convenience at (425) 774-0106.
Sincerely,
HWA GEOSCIENCES INC.
Shane Miller, E.I.T.
Geotechnical Engineer
Attachments:
Figure 1 Proposed Geotechnical Boring Locations
Figure TC-1 Proposed Traffic Control Plan for BH-3
Appendix A Pictures of proposed drilling equipment
Figure A-1 Mini Track Drill Rig Equipment
Figure A-2 Large Track Drill Rig Equipment
Exploration Work Plan 5 HWA GeoSciences Inc.
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2017-147-21
Bergman, Zach
From: Hebe Bernardo <HBernardo@Rentonwa.gov>
Sent: Monday, December 10, 201812:29 PM
To: Bergman, Zach
Subject: Park Ave N Extension - Geotechnical Exploration Work Plan - Revised
Attachments: Exploration Work Plan Revision 1 12-7-18 DJH.PDF
Hi Zack. Thank you forthe call this morning
I've attached a revised copy of HWA's Geotechnical Exploration Work Plan foryour review. Ourgoal is to be on -site
conducting the work on December 21, 2018.
Pursuant to recent changes in the project scope, the new exploration plan features some notable differences with our
on -site discussion with PSE representatives on 11/8, including the following:
• Due to the City's new requirement to install a 24" casing for a future sanitary sewer line, the soil boring on PSE
property has been relocated slightly to the west from where we had indicated, but still along the BNSF railroad
right-of-way line.
• In orderto tie the future sanitary sewer line into the City's existing sanitary sewer network, the proposed pipe
casing will be located at a significantly deeper depth than any improvements we were previously proposing in
the area. As a result, the new soil boring will also need to be deeper, drilled to a depth of 60' instead of 30'.
• A deeper boring will require heavier equipment. HWA is proposing to use a track -mounted Dietrich D50 drilling
machine instead of a Mini -Track Auger Drill. This is a much larger piece of equipment than we initially described
to PSE, with a fully independent onboard operator and a large drilling tower. The soil boring will be drilled
"tower down" in order to stay clear of the overhead power lines present at the site.
• Since the boring is twice as deep, the quantity of soil HWA will need to transfer off -site for testing is effectively
twice as large. The previous work plan indicated that approximately 1 cubic foot of soil would be removed from
the site; the new plan increases this to two cubic feet. Similarly, HWA now requests that PSE provide a total of
four (4) 55-gallon drums to collect spoils instead of two.
• When the proposed pipe casing is installed, the contractor will need to excavate jacking and receiving pits on
the upstream and downstream ends of the pipe, respectively. Both pits will need to be dewatered in orderto
perform the jacking operation; consequently, the contractor will need information about the seasonal
groundwater fluctuations in orderto estimate the dewatering rates. To this end, HWA proposed to Install a 2"-
diameter groundwater monitoring well in the shaft, along with a flush -mounted well monument at the
surface. PSE will need to make their heavy equipment operators aware of the well monument's location and
keep it visible during working hours to safeguard it from being damaged during the course of normal facility
operations.
After drilling is completed and monitoring well is installed, HWA will put a ground water monitoring transducer
inside the well that can record the ground water data and store it for about 6 months. HWA would only need to
go to the site to download the data once or twice duringthe course of the 1-year monitoring period, and access
to the site at the end of the 1-year monitoring period to remove the transducers from the wells. Each site visit
to the well location will take less than 1 hour. Additionally, we will need to have 1 day (3 to 5 hours) of access
to each monitoring well to run the slug test after drilling and well installation is completed.
We can work with PSE to notifythem far in advance of our site visits and we'd work with them around their
schedule to conduct the few site visits required to conduct the ground water monitoring and slug testing.
In our last conversation on 11/8, you mentioned that it would take a couple of days to issue the permit. Is this still the
case given the changes detailed above?
What information/documentation is needed from our consultant/sub consultant to process the agreement?
Please let me know if you have any questions.
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