HomeMy WebLinkAboutCOW 2011-02-28 COMPLETE AGENDA PACKET (4111LA
4 S s Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
s a
J Haggerton, Mayor Councilmembers: Joe Duffie Joan Hernandez
190E Steve Lancaster, City Administrator Dennis Robertson Verna Seal
Allan Ekberg, Council President Kathy Hougardy De'Sean Quinn
Monday, February 28, 2011, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3. SPECIAL a. Tukwila Village Next Steps: Library site alternatives and developer Pg.1
ISSUES selection discussion.
b. Update on Manufacturing /Industrial Center (MIC) public involvement P9.33
strategy.
c. A resolution for emergency repairs of Andover Park West. Pg.43
d. An agreement with PACE Engineers for Storm Water Lift Station #15 Pg.51
Improvements.
e. An agreement with Puget Sound Energy for the Tukwila Urban Center Pg.67
Access Project.
f. An Interlocal Agreement with the City of Renton for the Strander Pg.83
Boulevard Extension Project Phase II.
g. An underpass agreement with Burlington Northern Santa Fe (BNSF) Pg.95
Railroad for the Strander Boulevard Extension Project Phase II.
h. An assignment agreement with the City of Renton and Burlington Pg.143
Northern Santa Fe (BNSF) Railroad for the Strander Boulevard
Extension Project Phase II.
4. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
5. MISCELLANEOUS
6. EXECUTIVE SESSION
7. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or tukclerk @ci.tukwila.wa.us). This notice is available at
www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
CO UNCIL AGENDA SYNOPSIS
4. {LA oWq Initial ITEM No.
"4"':' Meeting Date Prepared by yor's review Council review
L 02/28/11 1 DCS 1
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ITEM INFORMATION
1 CAS NUMBER: 11-021 STAFF SPONSOR: I ORIGINAL AGENDA DATE:
AGENDA ITEM TITLE Tukwila Village: Library presentation and developer selection
CATEGORY Discussion Motion Resolution n Ordinance Bid Award n Public Hearing Other
Mtg Date 02/28/11 Mtg Date 3/7/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
1SPONSOR Council Mayor Adm Svcs El DCD Finance Fire Legal P&R Police PW I
SPONSOR'S King County Library System would like to present the results of their analysis of sites to
SUMMARY build a stand alone library on Tukwila Village. In addition, staff will summarize a potential
mixed -use, senior housing development concept. Council is being asked to approve a
motion in support of starting a developer selection process.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
Comm' 11'LE
C OST :IMPACT FUND S
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
I MT DATE RECORD OF COUNCIL ACTION
02/28/11 Discussion
MTG: DATE ATTACHMENTS
02/28/11 Informational Memorandum dated 2/23/11
Memo from Kay Johnson, King County Library System
Memo from Gavin Smith, Perkins Will Architects
Tarragon Site Plan
Comparison Table: Tarragon's Proposal and Senior Housing Concept
Healthpoint Description
1 1
2
t City of Tukwila
Jim Haggerton, Mayor
90 a INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
FROM: Derek Speck, Economic Development Administrator
DATE: February 23, 2011
SUBJECT: Tukwila Village Next Steps
ISSUE
At this time, there are two main issues for Tukwila Village. First, the King County Library
System would like to build a stand -alone library on a portion of the Tukwila Village site and is
ready to enter into negotiations with the City. Second, city staff has received strong interest
from developers of senior apartments who would also like to enter into negotiations with the
City.
BACKGROUND
In 2008 the City selected Tarragon, LLC as the developer for Tukwila Village. In late 2008 the
United States entered into a great recession which affected market demand and the ability to
finance developments and so in 2010 Tarragon officially withdrew from the project.
In September 2010 the City Council voted in support of considering a stand -alone library on part
of the site. The King County Library System (KCLS) hired Perkins Will Architects to Zook at
the Tukwila Village property and determine the optimal location and amount of space on the
property if they were to construct the library as a stand -alone building. Perkins Will completed
their analysis of three sites: A, B, and C and recommends site B as the most appropriate
location for the library. KCLS would now like to enter into negotiations with the City so that the
Library System can proceed to build the library.
As a separate, but related issue, since Tarragon's withdrawal from the project, staff has
continued to seek developer interest in Tukwila Village and has received significant interest from
two strong developers. Both developers propose a mixed -use site that would include the library,
plaza, police neighborhood resource center, and some retail with the majority of space used for
senior housing. In both cases the senior housing would be apartments made available to
seniors 62 and older. This type of senior housing is called "active living" because the
development provides services similar to many market rate apartments but not the central food
service or nursing care services that are available in other types of senior housing. It is very
likely that most, and possibly all, of the senior apartments would be "affordable" which means
they would be restricted to seniors earning less than 50% or 60% of the area median income.
For example, the 60% restriction would limit incomes to $36,000 for a single person household
and $41,100 for a two person household. Also at the 60% restriction, rent for a one bedroom
would be limited to no more than $963 per month or a two bedroom to $1,156 per month.
3
INFORMATIONAL MEMO
Page 2
One of the two developers has completed a considerable amount of analysis of the project and
determined that it appears financially feasible and would like the City to select them as the
master developer. Because senior housing was not included in the Tukwila Village vision that
the City Council adopted in 2007, staff would like Council feedback on whether a mixed -use
development with senior housing fits the City's vision and whether we should start a developer
selection process.
DISCUSSION
In order to determine if a mixed -use, senior housing led development fits the City's vision, it is
helpful to describe the concept that one of the developers has determined is financially feasible.
At this time, the City has not selected a developer for Tukwila Village and it would be
inappropriate to focus the conversation on that particular developer. Therefore, staff has
compared the concept to Tarragon's earlier concept. If the City embarks on a developer
selection process, there is no guarantee that the developer who came up with this particular
concept would be selected.
A table comparing basic statistics of the senior housing development to Tarragon's proposal is
attached. At this stage in the analysis, the senior housing concept generally keeps the physical
layout, size, and heights similar to Tarragon's proposal as a way of testing feasibility since the
City previously selected Tarragon. If we get into negotiations, site planning details such as
these will be reexamined and may be changed. Both concepts include the library, police
neighborhood resource center and outdoor plaza. In general, following are the main differences:
(1) Apartments: Tarragon proposed 298 apartments averaging 860 square feet that would
be available to anyone with a high enough income to qualify with no age restrictions.
20% of the units would be income restricted to households earning 80% or less of the
area median income (AMI). The senior housing concept has 380 apartments averaging
630 square feet with most, and maybe all, units restricted to seniors earning Tess than
50% or 60% of AMI. It's possible that some of the senior units would not be income
restricted and also that one of the buildings would not be age restricted.
(2) Retail: Tarragon proposed 55,000 square feet of retail. The senior housing concept has
7,500 square feet of retail. Both concepts include a restaurant and a coffee shop.
Tarragon's proposal included some larger retail spaces (e.g. a 15,000 square foot store
on the corner) whereas the senior housing concept includes smaller spaces (e.g. 500
square feet).
(3) Office: Tarragon's proposal did not include office space. The senior concept includes
20,000 square feet of office which reflects the City's discussions with Healthpoint, a non-
profit heathcare provider that would like to open primary care and dental clinic at the site.
A more detailed description of Healthpoint is attached.
(4) Parking: Tarragon proposed 541 spaces. The senior concept includes 350
parking spaces. It needs less parking because of the lower amount of retail and that
regulations and market demand require less parking for senior apartments than non
senior. This is one of the important factors that makes the development more financially
feasible.
(5) Community Room: Tarragon did not include an indoor commons area for community
events, meetings, performances, etc. The senior concept includes a 3,000 square foot
"community room One important question is how to manage this space and for what
purposes. 4Culture is helping City staff research options and may provide outreach
4 W:IDerek (Econ. Dev)1Tukwila Village\Council Agenda Reports\Council 20110228 V1.doc
INFORMATIONAL MEMO
Page 3
assistance to gather information from various members and ethnic groups in Tukwila's
art and culture community. It is possible the developer would provide some initial start-
up funding for a non profit to manage the community room and plaza that would become
self funding from rental revenues after the first year.
(6) Farmers' Market: Tarragon's proposal included a 20,000 square foot plaza. The senior
concept includes this same footprint of a plaza. However, the important difference is
that the retailers may not have been willing to share their parking with special events at
the plaza. Thus, although the plaza can fit the stalls for a farmers' market, there may not
have been enough parking. The senior housing concept includes office space that is
much more likely to provide shared use parking which makes a farmers' market or other
larger events feasible. This is especially true if Healthpoint becomes the lessee of the
office space.
(7) Property and sales tax: Tarragon's proposal was nearly all commercial or market rate
residential. As such, it would not qualify for property tax exemptions unless the City
otherwise approved it. The senior housing concept's residential portion would be rented
to seniors at restricted incomes so that portion of the development is very likely to be
eligible for property tax exemption. With a partial property tax exemption and less retail
the senior concept is less likely to generate property and sales taxes. Currently, of
course, the property generates no property or sales tax.
The choices facing the City at this time are:
(1) Select a master developer: The City could start the process to select a master
developer of the site by issuing a request for qualifications (RFQ).
(2) Start negotiations with KCLS: The City could start negotiations with the King County
Library System to build a stand -alone library on one of the sites (A, B, or C).
(3) Both #1 and #2: In this case, the negotiations with the master developer would not
include the property planned for the library. The benefit of this option is that KCLS can
move faster with their site development and take advantage of a lower bidding climate.
The detriment of this option is that having one master developer for the entire site
maximizes site planning which can reduce costs and can make a more pleasing user
experience on the site
(4) None of the above
Staff believes the mixed -use, senior housing development concept is an exciting option for
Tukwila Village. Although it may not generate as much ongoing property and sales tax as other
alternatives, it appears to be the City's best alternative to generate a reasonable sales price for
the property. In addition, having a large number of active seniors in Tukwila Village provides
strong support for the library, police neighborhood resource center, coffee shop, restaurant,
community room, plaza, and primary care and dental clinic which will strengthen those activities
and make them more available to the broader community. If some non senior affordable
housing is included, it opens up the possibility of apartments for teachers or artists. The small
retail spaces could be a good fit for artist galleries or local retailers. A development of this type
would serve as a catalyst for additional development along Tukwila International Boulevard and
set a standard for better quality development as the economy improves.
W:IDerek (Econ. Dev)\Tukwila V Iiage1Council Agenda ReportslCouncil 20110228 V1.doc 5
INFORMATIONAL MEMO
Page 4
Seeking a master site developer at this time rather than starting negotiations with the library
could easily delay how soon the library is built. However, the benefits of a more integrated site
outweigh the detriments.
RECOMMENDATION
Staff recommends the Council adopt a motion in support of starting a developer selection
process.
ATTACHMENTS
Memo to Tukwila City Council from Kay Johnson of KCLS
Memo to Derek Speck from Gavin Smith of Perkins Will
Tarragon Site Plan
Table Comparing Tarragon's Proposal to Senior Housing Concept
Healthpoint Description
6 W \Derek (Econ. Dev)1Tukwila Village \Council Agenda Reports\ Council 20110278 V1,doo
KING
COUNTY I
LIBRARY
SYSTEM
To: Tukwila City Council
From: Kay Johnson, Director for Facilities Developmen i
Date: February 28, 2011
The King County Library System Capital Bond Program has been delivering as promised library
buildings and services in communities throughout King County since 2004, when the capital
bond was approved by voters. In the past seven years, 22 library enhancement projects have
been completed, with new replacement Libraries built in some communities and other
libraries renovated or expanded. KCLS is now ready to start the planning process for a new
Tukwila Library. The property that the Tukwila City Council has acquired, Tukwila Village, is
well located to serve as a new urban activity center. The intersection at the site is a prime
link to the historic Tukwila Hill area and the Tukwila International Boulevard corridor. The
new Library will enhance and encourage future development at Tukwila Village. The services
provided by KCLS are more than a building; we strive to create a community gathering place.
The preferred site has been reviewed using the KCLS Site Selection Criteria Policy, which
evaluates potential library sites with a prioritized hierarchy of factors that are weighed to
determine the most suitable site for a library. The preferred location, Scheme B in the
accompanying presentation, is rated the highest in the first two categories, Phases 1 a 2 for
visibility, capacity, accessibility, potential sustainable development, centrality to other
activities, infrastructure, costs and availability.
The third category, Phase 3 in the KCLS Site Selection Criteria Policy, entails receiving
community support from elected officials and residents of the area the library would serve,
as well as other interested parties. To initiate this final phase of the evaluation process, we
need your prompt approval of the site plan so we may begin our discussions with City
representatives about how the property will be held by KCLS or the City. There is currently a
favorable bidding climate and KCLS and our consultant team are prepared to begin design
work immediately. We realize there will be future development on the site and would like to
cooperate with both the city and any private entity selected to continue the redevelopment
of this property for the benefit of the community.
960 Newport Way NW Issaquah, WA 98027 425.369.3200 www:kcls.org
7
0
1221 Second Men le 1: 206.381.6000
Suite 200 f: 206.441.4981
Seattte, WA 08101 www.perkinswill.com
PERKINS
+WI L L
February 16, 2011
Derek Speck
Economic Development Administrator
Office of the Mayor
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Site Analysis for KCLS Tukwila Library
Dear Derek Speck,
Perkins +Will was engaged by the King County Library System to analyze potential sites for the new
KCLS Tukwila Library. The site alternatives are within the six acre Tukwila Village site at Tukwila
International Boulevard and S. 144th Street. The evaluation consisted of both the KCLS Site
Selection Criteria and the City of Tukwila's plans for future development.
Three library locations were analyzed: Site A, Site B, and Site C. Each site was evaluated using a
site selection criteria that included visibility, site capacity, accessibility, sustainability, site
infrastructure, impact on future development, and cost effectiveness. Each option assumes a
stand -alone building of approximately 8,000 gsf with additional expansion potential of 2,000 gsf.
Site A:
Site A is located on the south east corner of Tukwila International Boulevard and S. 144th Street.
Due to the sloping topography on this corner, parking is best suited under the library with
vehicular access from S. 144th Street. This scheme requires a multi -level entrance lobby (street
level and parking level) and thus would require an elevator for access from and to the parking
level. Although Site A maintains some visual connection to the adjacent open space, it is isolated
from much of its activities and discourages community gathering near the library. This isolation
creates safety concerns due to the below building parking location.
Visibility: Locating the Tukwila Library on the SE corner provides a strong visual presence
along Tukwila International Boulevard (TIB). TIB is the principle arterial road through the
Tukwila International Boulevard Corridor.
Site Capacity: Because Site A is constrained by the access drive to the east, property line
to the south, and street frontage to the north and west, future expansion for the library
would be limited.
NORTH AMERICA I ASIA I MIDDLE EAST 1 AFRICA I EUROPE
9
Accessibility: Vehicular access from S. 144th Street is approximately 160' from Tukwila
International Boulevard. Road Standards require 230' and therefore the City of Tukwila
may want to restrict outbound left turns. The vehicular circulation is somewhat
constricted due to the parking configuration. Site access is not intuitive because parking
is screened by the building.
Pedestrian entry is provided at the parking level and the street level corner. During
certain times of the day, an influx of pedestrian flow is expected along S. 144th Street
from the neighboring schools.
A bus shelter, north of S. 144th Street, provides public transportation (bus route 124)
which connects the downtown Seattle with the Tukwila International Boulevard Light Rail
Station.
Sustainability: Site A provides no advantage over other sites with respect to sustainable
strategies.
Site Infrastructure: Tukwila International Blvd. has a 12" storm drain servicing the east
side of the road. The site is served by an 18" sewer main to the east and a 12" sewer
main to the north. Storm water for the proposed project will need to be detained before
leaving the site. The proposed development of Site A is approximately 80% impervious by
area and therefore will require about 16,500 cubic feet of detention per acre. At a
minimum basic water quality treatment of storm water is required.
Tukwila International Blvd. has a water main on the project side of the street. A water
meter currently serves the existing building. A new domestic and fire service would likely
be required.
There are currently no sidewalks along the south side of South 144th St. Most of the
improvements along the east side of TIB are already constructed. Modifications may be
required depending on desired driveway locations.
Impact on Future Development: Because Site A is isolated from the majority of the
development, this location has little impact on future site development.
Cost: Of the three sites analyzed; Site A presents the likely highest capital cost due to the
site grading, retaining walls, structured parking and elevator. It is also likely to have a
less efficient envelope to respond to site configurations.
Site B:
Site B is located on the north east corner of Tukwila International Boulevard and S. 144th Street.
Site B engages the plaza and helps define and shelter the potential open space. Parking is
located to the north and east along the perimeter of the plaza. A hardscape zone between the
plaza and Library presents opportunities for outdoor activities such as the farmer's market. The
configuration of buildings on Site B provides a sense of security due to the visual openness and
encourages community engagement.
Visibility: Similar to Site A, locating the Tukwila Library on the NE corner provides a
strong visual presence along Tukwila International Boulevard and s. 144th Street.
Site Capacity: Site B provides a comfortable setting for the library and offers future
expansion for the library toward the north.
-1-71 www.perkinswill.com
10
Accessibility: Vehicular access from S. 144th St. meets the City of Tukwila's
requirement; however Road Standards require 275' access from S. 144th St. along TIB
(in lieu of 260' currently shown). Left turn exiting onto Tukwila International Boulevard
would be prohibited. Site B provides good circulation with all parking visible and minimal
maneuvering required.
Similar to Site A, during certain times of the day, an influx of pedestrian flow is expected
along S. 144th Street from the neighboring schools.
A bus shelter for bus route 124 is located on Site B which corresponds with the Library
entry.
Sustainability: Located adjacent to the plaza, Site B offers potential sustainable
opportunities that could be integrated into an overall Tukwila Village Sustainable strategy,
including storm water handling through use of rain garden, and other energy saving
systems.
Site Infrastructure: Tukwila International Blvd. has a 12" storm drain servicing the east
side of the road. To the south, a catch basin is located on S. 144th St. with a 12" line
running to the storm line on the far side of the road. Additionally, storm water to the east
is conveyed using a combination of grass lined swales and 12" storm piping. Storm water
for the proposed project will need to be detained before leaving the site. The proposed
development for Site B is approximately 80% impervious by area and therefore will require
about 16,500 cubic feet of detention per acre. At a minimum basic water quality
treatment of storm water is required.
Site B has access to existing sanitary sewer stubs and a sewer line in the existing 41
Ave. right -of -way. There is an 8" sanitary sewer line on Tukwila International Blvd.,
however it is located on the far side of the road.
Water mains are located to the east, south and west of the proposed project site. Multiple
water meters are currently serving the site from these mains. A new domestic and fire
service would likely be required.
There are currently different sidewalk locations along the north side of South 144th St.
Based upon the concept plans, and the existing curb location closer to Tukwila
International Boulevard, the majority of the north side of South 144th St. will need to be
replaced further north than its current location. Most of the improvements along the east
side of TIB are already constructed. Modifications may be required depending on desired
driveway locations.
Impact on Future Development: Site B minimizes the overall impact on development by
using the plaza as a buffer should the development of the Tukwila Village commence after
the Library is operational.
Cost: Of the three sites analyzed, Site B presents the likely lowest capital cost due to
relatively flat site and on -grade parking.
Site C:
Site C is located on the northern portion of the Tukwila Village site, along Tukwila International
Boulevard. Surface parking is provided on the north and east sides of the library with the primary
entry located on the northeast corner of the site. Due to its location at the northern tip of the site,
the library is disconnected from the plaza activity and disengaged from the future development's
entries, public spaces and retail areas.
7i www.perkinswill.com
11
Visibility: This site provides predominately southbound visibility from Tukwila
International Boulevard. A southbound visual corridor along TIB terminates at this site as
TIB curves westward. Northbound visibility may be obscured by future development.
Site Capacity: A small paved open space will exist between the Library's south edge and
the future development. This area will also be used for future library expansion.
Accessibility: Vehicular site access for both S.144th and Tukwila International Boulevard
meet the City's requirements; however, left turn onto TIB would be prohibited. Circulation
within parking lot is good; however access from 144th requires numerous turns if and
when the balance of the development is completed.
This site will be burdened with an access easement to the adjacent apartment complex.
This is viewed as a potential conflict with confusing entrance and exiting arrangements.
Sustainability: Site C provides no advantage over other sites with respect to sustainable
strategies.
Site Infrastructure: Tukwila International Blvd. has a 12" storm drain servicing the east
side of the road. Storm water will need to be detained before leaving the site. The
proposed development for Site C is 90% impervious by area and therefore will require
about 18,000 cubic feet of detention per acre. At a minimum basic water quality
treatment of storm water is required.
An 8" sanitary sewer line is located on the east side of Tukwila International Blvd. Site C
has access to existing sanitary sewer stubs to the site. The 10" sewer line between TIB
and 41 Ave. South may need to be relocated depending on the final footprint of the
proposed building.
Tukwila International Blvd. has a water main on the project side of the street. There is a
water meter servicing the north side of the lot. A new domestic and fire service will likely
be required.
Most of the improvements along the east side of TIB are already constructed.
Modifications may be required depending on desired driveway locations.
Impact on Future Development: Site C will need to coordinate the access to and from S
144th Street; both during and after construction.
Cost: Site C presents a slightly higher cost a cost to Site B; due to the potential street
improvements.
Recommendation. After evaluating each site based on site selection criteria, we are
recommending Site B as the most appropriate location for the Tukwila Library. This site provides
the least impact on future development, satisfies the needs of the King County Library system, and
enables the site to become a pedestrian friendly destination.
Sincerely,
6 C.400EseN„
Gavin Smith
Perkins +Will
www.perkin swil l.co itt
12
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30
Tukwila Village
Comparison of Tarragon's Proposal to Senior Housing Concept
Senior Housing Tarragon
Use Units North South Total North South Total
Library SF 10,000 10,000 10,000 10,000
Police SF 2,000 2,000 2,230 2,230
Retail SF 7,500 7,500 41,755 12,715 54,470
Office SF 23,000 23,000
Housing
Apartments
SF 122,026 134,805 256,831
Units 144 154 298
Avg SF 847 875 862
Senior Apartments
SF 126,000 114,000 240,000
Units 196 186 382
Avg SF 640 610 630
Parking
Garage Spaces 110 108 218 172 256 428
Surface Spaces 95 37 132 113 113
205 145 350 285 256 541
Outdoor plaza SF 20,000 20,000 20,000 20,000
Community room SF 3,000 3,000
Notes
(1) Square footage for Tarragon's apartment may be gross; forsenior housing may be net leasable.
(2) The Tarragon proposal also included 4 townhouses totalling 8,000 square feet.
(3) The senior housing concept shows all apartments as senior but some could be non senior, and
some may be townhouse style, and a few could be live /work.
Printed: 02/23/2011 2:35 PM
31
Healthpoint 1 A caring health community Page 1 of 1
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httn: /www.healthpointchc.org /AboutUs /History 02/23/2011
COUNCIL AGENDA SvivoPsis
ILA ITEm No.
4)-- .ef
Initials
1: h' Meetinc Date Prepared by Mayor's review 1 ouncil r-eviei.v
.-T G 02/28/11 1 NG 1
t f 03/07/11 NG
ITEM INFORMATION
CAS NUMBER: 11-022 ISTAFF SPONSOR: NORAGIERLOFF 1 ORIG INAL AGENDA DATE: 2/28/11
;I ITN NI TITLE Public Review Process for Manufacturing Industrial Center (MIC) Study
C I'NGORY N Discussion n Motion Resolution Ordinance N Bid Award Public Hearing Other
Mtg Date 2/28/11 Mtg Date Mldtg Date 3/7/11 Mtg Date Mtg Date Mtg Date Mtg Date
Si )NSOR 1 1 Council C Mayor Adm Svcs N DCD Finance Fire Legal P&R Police PIV
SI'()NSOR's The Department of Community Development work plan includes a study and update of the
SI'.`I \I,'RY Comprehensive Plan and Zoning Code for the MIC Area. Staff has completed a background
report and stakeholder survey. The next step in the original work plan was to take issues
and opportunities to the Planning Commission for a hearing and recommendation. The
Council is being asked to consider whether a stakeholder committee process should be
undertaken prior to review by the Planning Commission and City Council.
RI vII?\VI,D RY Li COW Mtg. N CA &P Cmte F &S Cmte Transportation Cmte
n Utilities Cmte n Arts Comm. Parks Comm. Planning Comm.
DATE: 2/14/11 COMMITTEE CHAIR: VERNA SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMII`i'EE Forward Stakeholder Process Alternative to Committee of the Whole
COST IMPACT/ FUND SOURCE
ExPI RI?QUIRFD AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Co111772ents:
MTG. DATE RECORD OF COU ACTION
02/28/11
MTG. DATE ATTACHMENTS
2/28/11 Informational Memorandum dated 1/31/11
Resolution in draft form
Minutes from the Community Affairs and Parks Committee meeting of 2/14/11
33
nn
s_ Ci t of Tukwila
ma
M Jim Haggerton, Mayor
\gin\ 1Y
\.e INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Nora Gierloff, Deputy DCD Director
DATE: January 31, 2011
SUBJECT: Manufacturing Industrial Center Study Process
ISSUE
Should we expand the public outreach efforts for the Manufacturing industrial Center (MiC)
Study? The original work plan (Attachment A) reviewed by Council included public hearings
before the Planning Commission and City Council as well as a stakeholder survey process.
BACKGROUND
The Department of Community Development work plan includes a study and update of
Tukwila's Manufacturing Industrial Center and SEPA Planned Action as part of our periodic
review of Comprehensive Plan policies. Manufacturing Industrial Centers are designated areas
in which the region aims to preserve and enhance concentrated manufacturing and industrial
activity. To be eligible, a city commits to discourage incompatible land uses within MIC
boundaries. Tukwila's Comprehensive Plan vision for the MIC supports "existing and future
industrial activity to maximize employment and economic benefits to the people of Tukwila and
the region."
The City has periodically received requests to revise its industrial land policies and codes, either
to remove land from industrial designation or to allow a wider range of uses in the
Manufacturing /Industrial Center. We have received two Comprehensive Plan Amendment
applications for 2011 that affect the MIC area, one to add property to the designation and one to
remove it.
Staff has completed a detailed background report on the current conditions in the MIC area. The
report entitled, Tukwila Manufacturing Industrial Center Comprehensive Plan Update
Background Report, dated October 2010 was included in your January 3, 2011 Council packet.
City staff briefed the Planning Commission and Tukwila International Boulevard Action
Committee (TIBAC) on the information contained in this Report.
DISCUSSION
The public involvement process for the MIC study has begun. The public has been notified of
the study via the City of Tukwila website, the Hazelnut and the "Tukwila Reporter," with a call for
expression of interest in receiving information and becoming involved. All businesses, property
owners and tenants in and adjacent to the MIC were sent a postcard informing them that study
materials were posted on the city website, encouraging them to take an online survey and
offering the opportunity to join an email update list. Three responses were received to the
survey that was posted on the website.
Staff contacted selected business owners and stakeholders via a letter to request their
participation in a questionnaire pertaining to their operations in Tukwila. Staff has continued to
contact businesses via telephone, and is conducting interviews either in- person, or via
telephone according to the business' preference. To date we have been able to conduct twenty
interviews and will be compiling the themes into a summary issues and opportunities paper.
W:\201 1 Info Memos \M 1C_Public_Process_Alt.doc
35
INFORMATIONAL MEMO
Page 2
At their briefing Planning Commission (PC) members expressed concern that these efforts may
not be sufficient to gather all viewpoints and concerns. They have suggested that a committee
or workshop process outside of the planned public hearings would complement the individual
interviews that staff has undertaken to date. Staff has developed the following options for
expanding public involvement in the process.
1. Public Workshops:
We could reach out to those who have indicated an interest in the MIC Study process by
joining the email list or participating in the survey process and invite them to one or two
workshops to review and comment on the Issues and Opportunities summary memo. A
notice would also be posted on the website. The limited time commitment for this option
may increase the numbers of those willing to participate. It has taken a considerable amount
of staff time to recruit the survey participants, even though the time required is
approximately 20. minutes and they choose the time and type of the interview.
2. Meetings with a Stakeholder Group:
An alternative would be a stakeholder committee similar to that used for the Sign Code
update. The composition of that 8 member group was:
2 City Council members
1 Planning Commission member
3 Residents
2 Business Representatives
In order to keep the committee at a workable size (no more than 10 plus staff) we would
need to limit the number of committee members to a subset of those stakeholders who have
participated so far. We suggest the following composition:
2 City Council members
1 Planning Commission member
2 Residents
4 Business Representatives /MIC Property Owners
Staff would work with the CC to develop a resolution specifying the review process, staff
would work to recruit interested parties and the Mayor would appoint the members. We
would hold work sessions to review and comment on the Issues and Opportunities memo
and develop a recommendation to the PC.
3. Move Straight on to the Planning Commission:
In this option the PC would serve as the citizen review body and comments would be
accepted through the public hearing process. This would allow us to move forward most
efficiently and still provide multiple opportunities for public input and involvement.
Whichever process is chosen we would hold a PC hearing and PC work session(s) to develop a
set of recommended updates. This would be followed by a City Council hearing and possibly
Council work sessions.
RECOMMENDATION
The Committee is being asked to make a recommendation on the above alternatives and
forward the issue to the Committee of the Whole meeting on February 28' 2011.
ATTACHMENT
A. MIC Study Work Plan
3 6 W. \201 1 Info Memos \MIC_Public_Piocess_Alt.doc
MIC Study Work Plan
Clarify study goal:
Purpose
Update information pertaining to MIC
Consider economic activity, development and development codes in the MIC in
light of the Comprehensive Plan's vision for the MIC that supports "existing and
future industrial activity to maximize employment and economic benefits to the
people of Tukwila and the region," and perceived pressure on the MIC to allow
non industrial uses to locate /expand
Recommend modifications /actions as indicated
4 Quarter, 2010:
Background Materials and business survey to website
Prepare mailing to property owners, tenants (300 x 2)
o Letter /postcard announcing study, possible issues. Request involvement via
online survey, email list.
Identify and contact interview candidates
e Short list of possible business contacts
o Boeing
o Sabey
o KCIA
o Jorgenson Forge
o Museum of Flight
o Aviation High School
o USPS
o Group Health
o McCormick and Schmick's Catering
o Trucking firm
o Other smaller property owners /businesses
Groups
o Representative of Realtors
o Agency such as ECOSS, Duwamish Transportation Management
Association (TMA)
o Tribe (Muckleshoot, Duwamish)
o TIBAC
o Friends of the Hill
o Interview businesses individually, either in person or by phone as business
desires—
C: Vemp\XPGrpWise\Work P1an1.21.11.docAttaChmeiit A
37
ist Quarter, 2011
Request guidance re public review process (i.e. stakeholder Advisory Committee,
Planning Commission, etc.)
Depending on direction from City Council, foiiii Manufacturing Industrial Center
advisory group or use other public outreach body (i.e. Planning Commission) or
hold workshop.
Prepare summary of issues, concerns, possible action based on responses from
interviews
2nd —rd quarters, 2011
Depending on direction from City Council, hold meetings or workshop for
stakeholders and public with clear, focused agenda including data, results of
interviews. Introduce alternatives
o Present results to designated public outreach body, Planning Commission, CAP
and City Council. Request guidance.
Revise alternatives from feedback
e Planning Commission hearing, recommendation
o City Council review, action
C: \temp\XPGipWise \Work P1an1.21.11.docAttaChnitellt A
38
itRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, CALLING FOR THE CREATION OF A MANUFACTURING
INDUSTRIAL CENTER (MIC) ADVISORY COMMITTEE AND CALLING FOR
PUBLIC PARTICIPATION IN THE REVIEW OF COMPREHENSIVE PLAN
AND ZONING CODE REGULATIONS FOR TUKWILA'S MANUFACTURING
INDUSTRIAL CENTER.
WHEREAS, the area covered by Tukwila's MIC /H and MIC /L Zoning Districts was
designated by King County as one of four Manufacturing Industrial Centers (MIC) in
1995; and
WHEREAS, Tukwila's MIC is approximately 966 acres along the Duwamish River
from Boeing Field to South 125th Street; and
WHEREAS, cities planning under the Growth Management Act are required to
periodically review and update their goals, policies and regulations; and
WHEREAS, a Tukwila Manufacturing Industrial Center Comprehensive Plan
Update Background Report was completed in October 2010 and presented to the
Planning Commission on October 28, 2010, and to the City Council on January 3, 2011;
and
WHEREAS, staff has conducted interviews with 20 MIC business and property
owners to gather their knowledge and concerns about the area; and
WHEREAS, the City Council finds that the subject of the future of Tukwila's
industrial lands does not readily fit the City's standing committee structure and believes
the update process would benefit from a special focus;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. MIC Advisory Committee. An MIC Advisory Committee, hereafter
referred to as the "Committee," is formed to review background material and stake-
holder surveys and develop recommendations for updates to the Comprehensive Plan
Policies and Zoning Code regulations for Tukwila's Manufacturing Industrial Center.
Section 2. Committee's Responsibilities. The Committee shall review King
County's updated Countywide Planning Policies for Manufacturing Industrial Centers
W:1Word Processing \Resolutionsk Creation of MIC Advisory Cmte.doc
NG:bjs 2/22/11 Page 1 of 2
39
and evaluate Tukwila's compliance. They will also be advisory on issues related to
adjustments to the geographic extent of the MIC, updates to the Comprehensive Plan
goals and policies and any updates to Zoning Code regulations.
Section 3. Committee Makeup. The Committee shall be comprised of two City
Councilmembers to be determined by the Council President; and one Planning
Commission member, two Tukwila residents and four MIC business or property owners,
all to be determined by the Mayor. All Committee members shall have equal standing.
A quorum of the Committee shall not be required to conduct meetings.
Section 4. Chair. The senior City Councilmember appointed to the Committee
shall serve as the Chair. The Chair shall strive to be neutral and be responsible for
presiding over all meetings, directing the process and helping the Committee to arrive at
consensus recommendations. In the absence of the Chair the other City Council
member shall serve as chair.
Section 5. Committee Staffing. The Department of Community Development
(DCD) shall be responsible for staffing all Committee meetings including creating
agendas and preparing review packets.
Section 6. Record. In order to ensure that a proper record is kept, all meetings of
the Committee shall be recorded by staff. All documents and items that go before the
Committee shall be part of the legislative record.
Section 7. Meetings. The Committee shall strive to limit the number of meetings
needed to reach a recommendation to no more than four total. DCD will coordinate
establishment of a regular meeting day, time and place. All Committee meetings shall
be open to the public.
Section 8. Outcomes. DCD staff will document the Committee's recommen-
dations and present them to the Planning Commission and City Council. The
Committee shall have an opportunity to discuss their recommendations with the
decision makers.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
W: \Word Processing \Resolutions\ Creation of MIC Advisory Cmte.doc
NG:bjs 2/22/11 Page 2 of 2
40
4,$),-,,,,4-, Qom.
o City of Tuk w i! a
1 a Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
February 14, 2011 S. 00 p.m., Conference Room #3
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffle and De' Sean Quinn
Staff: Rick Still, Derek Speck, Jack Pace, Nora Gierloff, Bob Giberson, Rebecca Fox, Brandon Miles and
Kimberly Matej
Guests: Brooke Alford
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m.
L PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Agreement for Liahting./Energv Unarades Grant Fund Exnenditure
Staff is seeking Council approval to enter into an agreement with Washington State Department of General
Administration (GA) for management and monitoring services related to the execution of grant funds the
City has received for lighting upgrades to City facilities.
Early last year the City accepted grant funds in the amount of $129,500 from the Washington State
Department of Commerce (see Finance Safety Committee minutes dated February 2, 2010). The funds
are now ready to be expended and will be done so through the an interagency agreement between the City
and GA. This process /agreement uses performance contracting in which the City contacts with GA and in
turn, GA contacts with an Energy Service Company (ESCO) to complete the project. This type of
contracting allows for the design and completion of energy /lighting upgrades and rebates at a guaranteed
price. The City match for this project is $15,387, and will be funded through the green initiatives budget
line item in the Mayor's Office. The total project cost is $163,904 (broken down as follows: $129,500 grant
funds, $15,387 City matching funds, and $19,017 in utility rebates from Seattle City Light and/or Puget
Sound Energy).
Staff is requesting the Committee move this item directly to tonight's COW for discussion in consideration
of the need to expend grant funds by the end of May. UNANIMOUS APPROVAL. FORWARD TO
FEBRAURY 14 COW FOR DISCUSSION.
B. Manufacturing Industrial Center (MIC) Work Plan Study
Staff is seeking Committee recommendation and Council approval on how to proceed with expanding
public involvement in the Manufacturing Industrial Center (MIC) Work Plan Study.
As part of the Comprehensive Review Plan review that must be conducted by 2014, the Department of
Community Development has completed the process of reviewing and preparing background information
and current conditions in the City's Manufacturing Industrial Center. This information includes but is not
limited to the original vision for the area, how things have changed and what the City needs to in response
to those changes. Staff is now approaching the public involvement process of the review.
After reviewing the options for public involvement as outlined by staff, Committee members recommended
formation of a stakeholder group for review of the Issues and Opportunities Memo (see No. 2 on page 14 of
the Committee agenda packet), the results should then move forward to the Planning Commission for
41
Community Affairs Parks Committee Minutes February 14. 2011- Paqe 2
4_,--
review, public hearing and recommendation to full Council. RECOMMENDATION MADE WITH
UNANIMOUS APPROVAL. FORWARD TO FIi BRATIRY 28 COW FOR DISCUSSION.
C. 2010 4 Ouarter Reports
The Committee reviewed the status of program goals as outlined in the 2010 4 Quarter Reports.
Committee Members were informed that Administration is currently considering other options for reporting
out on program goals and other important information in a more efficient and timely manner.
INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5:34 p.m.
Next meeting: Monday, February 28, 2011 5:00 p.m. Conference Room #3
4 F Committee Chair Approval
Mi utes b,. KAM. Reviewed by NG.
42
COUNCIL AGENDA Siwosis
WILAw
�J� q Initials ITEMNO.
Z 1 Meeting Date Prepared by Mayor's review Can, 7 review
AT El 02/28/11 I BG 1
03/07/11 8G )I
%r ice,A
1901 1 I I .0
ITEM INFORMATION
i
CAS NUMBER: 11-023 I STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DA I'E: 2/28/11
AGENDA ITEM TITLE Andover Park W /Andover Park E Sewer Repair February 2011
Resolution Declaring an Emergency
CA 1 EGORY Discussion Motion Resolution Ordinance Bid _Award Public Hearing Other
Mtg Date 02/28/11 Mtg Date Mtg Date 03/07/11 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R n Police PW
SPONSOR'S This resolution will declare an emergency that authorizes City staff to expedite repair of
SUMMARY the APW /APE Sewer Repair Feb 2011 Project. On 2/3/11, a water main break was
repaired but after inspection of the sanitary sewers, it was discovered that the sewer main
was broken and a manhole had shifted. The damage became more complex and needed to
be repaired immediately. Council is being asked to approve the resolution declaring an
emergency. Final costs will be reported out at a later date.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'L'E: 2/15/11 COMMI I"I'EE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE _RECORD OF COUNCIL ACTION
2/28/11
3/07/11
1
MTG. DATE ATTACHMENTS
2/28/11 Informational Memorandum dated 2/9/11
Draft Resolution
Minutes from the Utilities Committee meeting of 02/15/11
3/07/11
44
4. .t1LIAw
qs City of Tukwila
of Z
"�w �s e
Jim Haggerton, Mayor
a
Igo INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: t 'ublic Works Director
DATE: February 9, 2011
SUBJECT: APW /APE Sewer Repair Feb 2011
Project No. 91140202
Resolution Declaring an Emergency
ISSUE
Approve Resolution declaring an emergency that authorizes City staff to expedite repair of
the APW /APE (Andover Park W /Andover Park E) Sewer Repair Feb 2011 Project.
BACKGROUND
On February 3, 2011, a break in a 12 -inch waterline was discovered on Andover Park West
just south of Upland Drive. After the waterline was repaired, sanitary sewer manholes were
inspected and it was determined that the 12 -inch sewer system had also been damaged.
Repair of the broken sewer main was attempted, but due to the presence of wet, sandy soils
the repair was not able to be completed. The poor soils caused an existing manhole to shift,
which damaged two additional sewer pipes that were connected to it as well as undermining
the pavement on Andover Park West. Andover Park West had to be completely closed to
traffic for the duration of the repairs.
ANALYSIS
Approve the Resolution which declares an emergency and authorizes Public Works to
immediately construct repairs to the damaged water and sewer system by a construction
contract exempt from competitive bidding.
This project has grown in size and complexity and repairs are being constructed over the next
week. Dewatering is required for two days before deep excavation for the sewer system can
begin. The first step will be to reset the sewer manhole and then replace up to 60 feet of
sewer main in each direction. A new manhole will also need to be installed behind the
sidewalk on the sewer line to the east. Minor repairs at Sewer Pump Station #2 will be
necessary along with pavement restoration.
RECOMMENDATION
The Council is being asked to approve the Resolution declaring an emergency for the
APW /APE Sewer Repair Feb 2011 Project and consider this item at the February 28, 2011
Committee of the Whole meeting and subsequent March 7, 2011 Regular meeting.
Attachment: Draft Resolution
W:1PW Eng PROJECTS \A- SW Projects 191140202 APW APE Sewer Repair Feb 2011\Info Memo APW Emergency Sewer Repair.doc 45
46
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, DECLARING AN EMERGENCY IN
RESPONSE TO DAMAGES TO PUBLIC PROPERTY DUE TO A
COLLAPSED SANITARY SEWER.
WHEREAS, it has been determined that a sanitary sewer has collapsed in the 1000
block of Andover Park West; and
WHEREAS, the break has resulted in damage to the sanitary sewer and the break
poses a significant risk to existing gas lines, storm drains, and water utilities; and
WHEREAS, the repairs to the sanitary sewer are required immediately; and
WHEREAS, RCW 39.04.280 provides for emergency declarations and competitive
bidding exemptions; and
WHEREAS, the Mayor of Tukwila declared an emergency on February 2, 2011 in
order to allow City forces to respond with appropriate resources to restore damages and
prevent further impacts to public and private property; and
WHEREAS, the City Council wishes to provide their support and endorsement of the
Mayor in his action to declare an emergency and for the City's efforts to respond to the
emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City Council supports the Mayor in his declaration of emergency and
authorizes the execution of contracts or agreements due to damages and the need for
protective actions brought about by a failed sanitary sewer, and hereby authorizes City
forces to respond in the most effective and expedient manner, without regard for the
procedures and formalities that would otherwise govern the assignment of duties,
procurement of materials, and contracting of services. This situation is an emergency
as defined in RCW 39.04.280(3).
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47
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, City Clerk Allan Ekberg, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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48
City of Tukwila
Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
February 15, 2011 5:00 p.m. Conference Room #1
PRESENT De' Sean Quinn, Chair; Dennis Robertson and Allan Ekberg (filling in for Kathy Hougardy)
Staff: Bob Giberson, Frank Iriarte, Ryan Larson, Robin Tischmak, Mike Cusick, Gail Labanara,
and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:01 p.m.
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. Resolution Declaring Emeraencv: Andover Park West (APW) /Andover Park East (APE) Sewer Repair
Staff is seeking Council approval of a resolution that declares an emergency in response to damages
caused by a collapsed sanitary sewer in the 1000 block of Andover Park West.
This resolution will authorize contracts and/or agreements required to expedite and repair damages,
restore service and prevent further damage to the water and sewer system. The emergency declaration will
exempt related contracts from competitive bidding.
f The City was first alerted to this matter on the evening of Wednesday, February 2, 2011, at which time it
was thought to be a water main break. Further assessment indentified additional concerns and resulted in
a trench collapse on Friday, February 3. Dewatering, excavation and repair is now complete. Crews will
replace curb and gutter and Iay new pavement this week.
Staff will return to Committee once final tabulations have been calculated on this project. General cost
estimates are currently over $400,000. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 28
COW FOR DISCUSSION.
B. Storm Lift Station No. 15 Improvements: Consultant Recommendation and Agreement
Staff is seeking approval to enter into a consultant agreement with PACE Engineers, Inc. in the amount of
$59,839 for design services for Storm Lift Station No. 15 Improvements.
This lift station was built in 1977 and is the largest pump in the City. Concerns with the lift station
include the undergrounding of all electrical controls and pumps, and the station has no back -up power
with sufficient capacity. Failure of this storm pump could cause flooding which may result in significant
and costly damage. PACE Engineers, chosen from three short- listed firms off of the MRSC Roster, will
design improvements that include a back -up generator, a controlled gate that reduces discharge during
floods, and sealing to control stormwater entry.
Funding for design services are budgeted in the 412 Surface Water Fund. UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
C. 2010 4 Ouarter Reports
The Committee reviewed the status of program goals as outlined in the 2010 4th Quarter Reports. Chuck
Parrish, resident, asked some clarifying questions.
49
50
COUNCIL AGENDA Siwosis
7 „1, i, I7"E111 N0. T 0 r Initial
s O x 1 Medina Date Prepared b J Mayor' s review CounciLreview
F v 1 1 02/28/11 1 BG I .4*- I L 1
03/07/11 1 BG 1 I 1
t 1 I 1� f
.t9o• I 1 l
ITEM INFORMATION
I CAS NUMBER: 11-024 I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 2/28/11
AGENDA ITEM TITLE Storm Lift Station No. 15 Improvements
Design Consultant Agreement with PACE Engineers, Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/28/11 Mg Date 03/07/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
!SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police [Z1 PV
SPONSOR'S This contract is for design of the Lift Station No. 15 Improvements. Three consultant firms
SUMMARY were short- listed from the Consultant Works Roster and PACE Engineers was chosen as the
most qualified. This project includes adding a backup generator, an electronically activated
gate that reduces discharge during flood events, and sealing the pump station. Council is
being asked to approve the design contract with PACE Engineers, Inc. in the amount of
$59,839.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAt'E: 2 /15/11 COMMITTEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND. SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$59,839.00 $60,000.00 0.00
Fund Source: 412 SURFACE WATER FUND (PAGE 146, 2011 CIP)
Comments:
MTG.' DATE RECORD OF COUNCIL ACTION
02/28/11
03/07/11
MTG. DATE ATTACHMENTS
02/28/11 Informational Memorandum dated 2/9/11
Page 146, 2011 CIP
Consultant Selection Score Sheet
Consultant Agreement with Scope of Work and Fee
Minutes from the Utilities Committee meeting of 02/15/11
1 03/07/11
rn
4/T$\City of Tukwila
a Jim Haggerton, Mayor
906 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Director a
DATE: February 9, 2011
SUBJECT: Storm Lift Station No. 15 Improvements
Project No. 91041203
Consultant Recommendation and Agreement
ISSUE
Approve a Consultant Agreement with PACE Engineers, Inc. to design pump station improvements.
BACKGROUND
Storm Lift Station No. 15 drains approximately 200 acres of the northern portion of the Tukwila South
Development. The station was built in 1977, has four pumps, a total capacity of 43.7 cfs and is the largest pump
station in the City. The electrical controls and pumps are located below ground and the station does not have
generator backup power.
The Tukwila South Project will construct the north storm pond with a total capacity of approximately 15 acre -feet of
storage. This pond will then be connected to Storm Lift Station No. 15 through a 36" storm pipe. Development of
the Tukwila South Project will significantly increase the discharge to this station.
ANALYSIS
Failure and flooding at Storm Lift Station No. 15 could result from a power failure or storm flows over the station
capacity. Flooding of the station would result in the Toss of the station and significant costs due to damaged
electrical panels, controls, and pumps. Planned improvements to reduce these risks are:
Installation of a back -up power generator to run all or a portion of the pumps
Installation of an electronically activated gate that reduces discharge to the station during flood events
Sealing the dry portion of the station so that stormwater cannot enter through drains connected to the wet well
The current Consultant Roster was reviewed and three firms were short- listed to perform this design. The firms
were: KPG, PACE Engineers and Parametrix. PACE, Inc. was selected as the firm that best met the requirements
for this type of project as PACE has performed similar work for other cities. PACE also completed the Drainage
Study for this pump station in 2010. Staff met with the proposed Project Manager and developed a scope of work
that includes design upgrades to the station.
BUDGET SUMMARY
This project will be funded through the 412 Surface Water Fund.
Cost Budget
PACE Engineers, Inc. 59,839.00 60,000.00
RECOMMENDATION
The Council is being asked to approve a Consultant Agreement with Pace Engineers, Inc. in the amount of
$59,839.00 for consideration at the February 28, 2011 Committee of the Whole meeting and subsequent March 7,
2011 Regular Meeting.
Attachments: Page 146, 2011 CIP
Consultant Selection Score Sheet
Consultant Agreement
W: \PW Eng \PROJECTS\A- DR Projects \91041203 (Storm Lift Station No 1S Improvements) \Info Memo Design PACE.doc
53
r_A
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2011 to 2016
PROJECT: Storm Lift Station No. 15 Improvements Project No. 91041203
DESCRIPTION: Upgrade Storm Lift Station No. 15 to provide an on -site generator and gates to protect station from damage
due to power or pump failure.
JUSTIFICATION: The Tukwila South development will significantly increase storm flows to Lift Station #15.
STATUS: New project for 2011 2016 CIP. A drainage study with improvement recommendations was completed in 2010.
MAINT. IMPACT: Potential for station failure will be reduced.
COMMENT:
FINANCIAL Through Estimated
(in $000's) 2009 2010 2011 2012 2013 2014 2015 2016 BEYOND TOTAL
EXPENSES
Design 14 60 74
Land (R/W) 40 40
Const. Mgmt. 40 40
Construction 362 362
TOTAL EXPENSES 0 14 100 402 0 0 0 0 0 516
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
City Oper. Revenue 0 14 100 402 0 0 0 0 0 516
TOTAL SOURCES 0 14 100 402 0 0 0 0 0 516
Project Location S,e
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it y _Ai
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TukwllO
2011 2016 Capital Improvement Program 146 55
CONSULTANT SELECTION
Pump Station 15 Design
KPG PACE Parametrix
I
1 1
Project Manager 1 k�
Stormwater Pump Station
Experience 3
2
Firm Expirence
1 l4wa'1 a t v 1
k D t t
General
t^i .[C Y{ i .t rg
Working with Tukwila
Program Knowledge 1 1 L 5fw; 3
Famil with Tukwila South a W,x s 4� a
i r k A
Drainage Basin 2 1 f 3
tc^ 'fir' �r Std v� V t
PS &E Experience with Tukwila 3
1 f4 5 4
1
T.k i g
y 1r, F6;.P.�tr i
't'1'' C r
TOTALS 9 6
a 13
Score consultant 1 to 4, with 1 being highest and 4 being lowest.
Lowest score is consultant ranked highest.
56
CONSULTANT AGREEMENT FOR
DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and PACE Engineers, Inc., hereinafter referred to as "the Consultant in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Design services in
connection with the project titled Stormwater Pump Station No. 15 Improvements.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement prior to December 31, 2011,
unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $59,839.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
57
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
negligence of the City, its agents and employees. To the extent any of the damages referenced
by this paragraph were caused by or resulted from the concurrent negligence of the City, its
agents or employees, this obligation to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
2
58
be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non- Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
3
59
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
PACE Engineers, Inc.
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this day of 20
CITY OF TUKWILA CONSULTANT
By:
Mayor
Printed Name:
Title:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
4
60
EXHIBIT A
SCOPE OF SERVICES
STORMWATER PUMP STATION 15 IMPROVEMENTS
Project Understanding
The existing Lift Station No. 15 serves the Tukwila south property. The general boundaries of the
Tukwila south property are South 180 Street to the north, I -5 to the west, Green River to the east
and South 204 Street to the south. Lift Station No. 15 was constructed in the late 1970's and has a
total capacity of 43.7 cfs (19,614 gpm). Currently, Lift Station No. 15 conveys stormwater flows
from the Northeast Basin which is mostly commercial. It will also take future flows related to the
new development to the south. To date there have been no major reports of mechanical problems
with the lift station.
There is currently no on -site emergency back -up power if there were to be a complete failure of the
pumps due to a power outage. To resolve this issue the City has requested PACE provide:
Bid ready contract documents for the installation of a 600 kW standby generator with a
1,000 gallon subbase -fuel tank adjacent to the lift station to provide power to the pumps
during power outages.
Provide drawings to seal the electrical room from the wet well
Provide power to the new actuated sluice gate that will be constructed as part of the North
Pond.
Evaluate the cost and benefits to replace the existing motor starters with VFD's and the
replacement of the existing control panels.
Scope of Services
This proposal includes necessary civil and electrical engineering services through the design phase
of this project. PACE will be the prime consultant for the entire Scope of Work and will oversee and
administer this Scope of Work. PACE will complete all civil engineering and survey services in-
house. PACE will subcontract with Follett Engineering for the electrical engineering portion of the
project. Based upon our discussions we have not included the services of a professional land
acquisition specialist on this project. If during the course of the project, a specialist is required to
assist with obtaining an easement for the generator location the scope and budget would need to be
modified accordingly.
We anticipate starting this work immediately and proceeding on a preliminary layout to submit to the
City for review. The estimated cost for this work is approximately $59,839 (see Exhibit B). The
budget is based on our 2011 rates.
SCOPE OF WORK
Task 1 Project Management /Coordination /Meetings
PACE will provide administration and coordination of the project. The following items are
included in this task:
Attend coordination meetings with the City as required. For budgetary purposes 12
61
City of Tukwila
February 2, 2011
Page 2
hours have been allotted for meetings. Since the amount of meeting time is not
under our control, any time in excess of the budgeted 8 hours will be billed on a time
and material basis.
Conduct a field reconnaissance of site and other facilities with the design team and
City staff.
Coordination with subconsultant.
In -house project administration, scheduling, and direction of design team staff.
Preparation of monthly progress reports
Quality Assurance including a review of all plans and documents at the preliminary
design and final design stages of the project
Task 2- Site Survey
PACE will provide a topographic survey of the project area in accordance with the following
items:
Vertical Datum will be NAVD 88 based on City of Tukwila control points.
Horizontal Datum will be NAD 83/91 Washington State Plane coordinate system, North Zone
also based on City of Tukwila control and matching the datum.
Right of entry to the site will be provided by the Client.
The City will provide available as -built drawings of existing pump station and the adjacent
strip mall.
The limits of the survey will include the southern half of the parking lot between the two
driveways and including two rows of parking stalls in a northerly direction. The existing
parking stall locations will be surveyed along with all surface features and subsurface utilities
as located in the field. The survey will extend across S 180 Street to the proposed location of
the new sluice gate.
Task 3 Preliminary Design
PACE will prepare a preliminary layout of the proposed improvements to submit to the City for
review and comment. This work includes:
Prepare preliminary site plan for the proposed generator and appurtenances.
Utilize lift station as- builts provided by the City to prepare details associated with
sealing of the electrical room from the wet well.
Preliminary layout of the CMU wall and access gate to enclose the generator.
Prepare preliminary electrical site plan with generator and conduit placement.
Instrumentation and control drawings for communication and operation of the
generator.
Prepare preliminary construction cost estimate.
Task 4 Final Design
Based upon City comments on the preliminary design as well as input from the property owner,
PACE will prepare the final design and contract bid documents in accordance with City standards
using the City's standard template and the most recent version of the Washington State Department
of Transportation `Standard Specifications for Road, Bridge and Municipal Construction. The design
will include the following items:
62
City of Tukwila
February 2, 2011
Page 3
Existing Site Conditions
TESC Plans and Details
Site Plan and Details of the new generator, enclosure, landscaping and associated
appurtenances
Electrical Design
Contract Documents
Estimate of Probable Construction Costs
PACE will incorporate any City forms or special bid /construction requirements within the bid
document. It is assumed that the City will advertise, open bids and award the project with
support from PACE.
Task 5 Electrical Pre Design
Follett Engineers will prepare the following electrical design and evaluation:
Determine /confirm the size of generator needed to run 4- 150HP pumps and other
appurtenances.
Determine automatic transfer switch (ATS) size and options including interface with the
existing system.
Develop options to replace the motor starters with VFD's.
Review the existing control system and develop alternative analysis for replacement.
Prepare preliminary electrical drawings.
Prepare a preliminary construction cost estimate of the above items
Summarize the above items in a Technical Memorandum.
Task 6 Final Electrical Design
Follett Engineers will prepare the final electrical design for the new generator and appurtenances
based upon review comments from the City. This task excludes final design on converting the
motor starters to VFD's and the control pan replacement design. Both of those items are optional
design elements based upon city comments and available construction budget. If the City
decides to add these items to the scope of work the fee estimate would need to be adjusted
accordingly/
Task 7- Easement Acquisition
PACE will negotiate with the property owner for a permanent easement at the location of the
proposed generator. Work under this task will include:
PACE will secure the latest title report on the property
PACE will prepare Legal exhibit and for the proposed easement as needed.
Communication with property owner on the need and benefit of the easement.
Determine assessed value of easement based on current square footage value.
Finalize easement for recording.
It is that the property owner is a willing participant and condemnation will not be required.
63
City of Tukwila
February 2, 2011
Page 4
Task 8 Property Appraisal
PACE Engineers will secure the services of an appraiser to determine the value of the land
required for the proposed generator. This value will be the basis for the easement acquisition.
with VFD's. The estimated cost for this work is $2,750.00
Task 9 Construction Services (Option Item Not in Contract)
PACE is a full service engineering and surveying company that will be pleased to provide the
following construction services to the City of Tukwila in support of this project if requested by
the City. PACE proposes the following services during construction:
1. Bid assistance (City will advertise the project)
2. Construction management
3. Construction surveying /staking
4. Construction inspection
5. Shop drawing review
6. Progress payment processing
7. Record drawing preparation
64
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City of Tukwila
ja. Utilities Committee
4
UTILITIES COMMITTEE
Meeting Minutes
February 15, 2011 5:00 p.m. Conference Room #1
PRESENT De'Sean Quinn, Chair; Dennis Robertson and Allan Ekberg (filling in for Kathy Hougardy)
Staff: Bob Giberson, Frank Iriarte, Ryan Larson, Robin Tischmak, Mike Cusick, Gail Labanara,
and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:01 p.m.
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. Resolution Declaring Emergency: Andover Park West (APW)/Andover Park East (APE) Sewer Repair
Staff is seeking Council approval of a resolution that declares an emergency in response to damages
caused by a collapsed sanitary sewer in the 1000 block of Andover Park West.
This resolution will authorize contracts and/or agreements required to expedite and repair damages,
restore service and prevent further damage to the water and sewer system. The emergency declaration will
exempt related contracts from competitive bidding.
The City was first alerted to this matter on the evening of Wednesday, February 2, 2011, at which time it
was thought to be a water main break. Further assessment indentified additional concerns and resulted in
a trench collapse on Friday, February 3. Dewatering, excavation and repair is now complete. Crews will
replace curb and gutter and lay new pavement this week.
Staff will return to Committee once final tabulations have been calculated on this project. General cost
estimates are currently over $400,000. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 28
COW FOR DISCUSSION.
B. Storm Lift Station No. 15 Improvements: Consultant Recommendation and Agreement
Staff is seeking approval to enter into a consultant agreement with PACE Engineers, Inc. in the amount of
$59,839 for design services for Storm Lift Station No. 15 Improvements.
This lift station was built in 1977 and is the largest pump in the City. Concerns with the Lift station
include the undergrounding of all electrical controls and pumps, and the station has no back -up power
with sufficient capacity. Failure of this storm pump could cause flooding which may result in significant
and costly damage. PACE Engineers, chosen from three short- listed firms off of the MRSC Roster, will
design improvements that include a back -up generator, a controlled gate that reduces discharge during
floods, and sealing to control stormwater entry.
Funding for design services are budgeted in the 412 Surface Water Fund. UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
C. 2010 4 Ouarter Reports
The Committee reviewed the status of program goals as outlined in the 2010 4 Quarter Reports. Chuck
Parrish, resident, asked some clarifying questions.
66
CO UNClL AGENDA SYN0PsIs
ITE11�NO.
�J,,,,,,ILA,,,__ 'S Initials
i Meeting Date J Prepared by Mayor review 1 Council review
a is -9i 02/28/11 1 BG v 474-- 1 (IA/
y ,a 2 03/07/11 I BG 1
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1 I 1
ITEM INFORMATION
CAS NUMBER: 11-025 I STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 2/ 28/11
AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat) Project
Puget Sound Energy's Facility Relocation Agreement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/28/11 Mtg Date 03/07/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance 1 1 Fire Legal P&R Police PW
SPONSOR'S This Facility Relocation Agreement with Puget Sound Energy (PSE) will allow PSE to
SUMMARY relocate utilities that currently are in conflict with the TUC Access Project's improvements.
The utilities are located on utility easements, which are not included in the franchise
agreement. The City has negotiated a not to exceed cost of $231,000.00. Council is being
asked to approve the Facility Relocation Agreement with Puget Sound Energy.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte I Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA1'E: 2/22/11 COMMII'1'EE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMII 1'FE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$231,000.00 $16,750,000.00 0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 13, 2011 CIP)
Comments:
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
02/28/11
03/07/11 1
MTG. DATE I ATTACHMENTS
02/28/11 Informational Memorandum dated 02/22/11
PSE Facility Relocation Agreement
Minutes from the Transportation Committee meeting of 02/22/11
03/07/11 1
f 1
5!
68
rp$
y Cll of Tukwila
4 9 Jim Haggerton, Mayor
\s�
901 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director A
DATE: February 22, 2011
SUBJECT: Tukwila Urban Center Access (Klickitat) Proiect
Project No. 98410419
Facility Relocation Agreement with Puget Sound Energy
ISSUE
Approve a Facility Relocation Agreement with Puget Sound Energy (PSE).
BACKGROUND
In January 2011, the construction contract for the Tukwila Urban Center Access (Klickitat) Project was executed. The
Contractor intends to begin the major work on the project in late March. During January and February, the City has
been working with the project designer, HNTB, to conduct some additional utility location work to ensure that any
outstanding conflicts are identified and resolved prior to the Contractor breaking ground.
Two conflicts have been identified early in this process that could have significant time impacts on the Contractor's
work. These include a large PSE switch cabinet (and adjacent facilities) located on the southwest comer of the
Westfield Southcenter Mall property and a PSE vault located adjacent to the Legacy Partners building. The switch
cabinet conflicts with the construction of the wail adjacent to Strander Boulevard. The vault near Legacy Partners is
too high and must be lowered to grade prior to roadway widening.
DISCUSSION
Both of these conflicts are located on utility easements, which are not under the franchise agreement. For this reason,
the City is required to pay for PSE's facility relocations. The relocation of these facilities is for a not to exceed amount of
$231,000.00. The agreement requires PSE to bill their actual costs with approximately 25% of the costs for materials
needed to reconstruct the facilities. The remaining costs are attributable to labor for approximately 5 to 6 weeks of work
for a full crew to complete the complicated switch relocation. Budget for the PSE's relocation will come from the
$16,750,000.00 currently budgeted in the 2011 CIP (page 13).
PSE is responsible for notifying and coordinating with its customers for power outages and are committed to completing
this work while providing the least impact to its customers. The City's construction contractor is still required to conduct
additional potholing and identify any other utility conflicts on the project. However, it is vital to get these conflicts
resolved early in the project because of the long lead time necessary to move the facilities and to ensure that our
contractor is not delayed. Upon execution of the attached Facility Relocation Agreement, Puget Sound Energy will
immediately commence work.
RECOMMENDATION
The Council is being asked to approve the Facility Relocation Agreement with PSE for the not to exceed amount of
$231,000.00 for the Tukwila Urban Center Access Project and consider this item at the February 28, 2011 Committee
of the Whole meeting and subsequent March 7, 2011 Regular Meeting.
Attachment: PSE Facility Relocation Agreement
W:IPW EngIPROJECTSIA- RW RS Projects 84RW19 TUC Access (Klickitat)1ConstructionlInfo Memo for PSE Agreement, gl, 2- 15- 11,docx 6 9
70
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of February 7, 2011, is made and entered into by and
between Puget Sound Energy, Inc., a Washington corporation "PSE and Tukwila
"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 and natural gas "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 on Exhibit A
attached hereto and incorporated herein by this reference.
B. The Government Entity plans to construct improvements to Southcenter
Parkway beginning approximately 700 feet south of Strander Boulevard and extending north,
roughly to the point where the road bends east and becomes Tukwila Parkway. The project
also extends 400 feet east from Southcenter Parkway on Strander Boulevard, and includes the
temporary closure of the Klickitat Drive freeway crossing of Interstate 5. "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
Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information
concerning possible conflicts between PSE'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.
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71
1.2 Performance of Relocation Work. PSE shall perform the Relocation Work
subject to the terms and conditions of this Agreement and any applicable tariffs on file with
the WUTC. PSE shall perform the Relocation Work in accordance with the schedule
provided in Exhibit B (the "Relocation Schedule with 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. PSE'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.
7 2
1.5 Notice to Proceed with Construction Work.
PSE is hereby granted notice to proceed with this construction work upon execution
of this Agreement by both parties. PSE will schedule crews as soon as practically possible
after receiving such notice. Should the Government Entity 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.
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 PSE'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 RelocationWork, 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.
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 Government Entity shall consult with PSE to ensure that the permit terms and conditions
are reasonably appropriate to PSE's 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
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73
Relocation Work (including but not limited to the Facilities) shall be and remain the property of
PSE.
Section 5. Relocation Costs
5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation
Work (the "Relocation Cost Estimate which includes the cost of survey and pothole
activity, is $231,000. 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 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
7 4
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.
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, 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.
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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
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 any 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
7 6
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.
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: Government Entity:
Puget Sound Energy, Inc. City of Tukwila
By By
Its Its
Address: Address:
Attn: Attn:
Date: Date:
Job Number: Job Number:
City Attorney
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77
78
EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS:
1. Switch Cabinet, adjacent splice vault, nearby splice vault to the south, and
associated cable and conduit located at the NE corner of Southcenter Parkway and Strander.
These facilitites are located on a private easement, described as AF# 8101070484
rectangular(ish) shaped easement in the SW corner of the Westfield Mall property (920247-
0010) which covers V06, V07, V08 and V09 on PSE's design.
2. Cable and conduit in conflict with future wall that feeds South Center Mall
3. Vault located in the property frontage area of Double Tree and Legacy Partners. The vault
is located on private easement, described as AF# 6376189 5' strip for UG electric (modified
version of AF# 6320873) on the Legacy Partners and DoubleTree properties (262304 -9021
and 643730 -0020)
Also see: AF# 7908210822 covers the west 15' and the south 15' of the Legacy Partners
property (262304 -9021
-8-
79
EXHIBIT B
RELOCATION WORK
1. PSE to relocate switch located in NE Corner of Southcenter Parkway and Strander as
described in Exhibit A.
The work to include the following:
The associated switch and vault will be relocated within the existing easement to
avoid conflict with the new wall. An existing distribution vault will be eliminated.
The large pulling vault adjacent to the switch being relocated will remain in place.
However, the existing vault will need to be modified to accommodate the city's new roadway
improvements, including a traffic bearing lid and additional riser(s).
Cables served from the switch to be relocated will also need to be relocated deeper to
go under a new retaining wall.
Feeder cables serving the Westfield Mall will need to be relocated deeper to go under
a new retaining wall. PSE will install a new splice vault in the existing easement to intercept
cables. This will also help reduce outage time and cost to the project.
2. PSE to relocate vault located at Double Tree and Legacy Partners Property frontage as
described in Exhibit A.
The work to include the following:
The existing vault will be relocated to the east within the existing PSE easement. The
easement also contains underground primary high voltage cables and conduit.
Bollards will be installed to protect equipment and operational clearances around the
existing vault located further east in an existing landscaped area. The vault will be located in
a parking area after the existing parking is reconfigured to accommodate the city's project.
3. Work in both sections are assumed to be straight time work, site accessable and
available for continuous work, and sod removed from easements. No flagging is
assumed for work at the vault near the Double Tree Hotel.
8 0 -9-
Transportation Committee Minutes February 22. 2010 Page 2
O Overview of the critical paths of work
o Review of two utility conflicts, and attempt to resolve prior to start of project
Plans for public outreach (includes project website)
Staff has already met with Mall retailers and has another retail meeting scheduled for March 1. Committee
Member Seal commented that when in Olympia last week, Councilmembers provided project information to
state representatives. INFORMATION ONLY.
C. Tukwila Urban Center Access (Klickitat) Proiect Puget Sound Energy Relocation Agreement
Staff is seeking Council approval of a facility relocation agreement with Puget Sound Energy (PSE) in an
amount not to exceed $231,000 for the Tukwila Urban Center Access project.
Through work with the project's design consultant, HNTB, staff has identified two utility conflicts that
could significantly affect the project completion timeline. These conflicts, as identified below, will need to
4
be resolved prior to the beginning work on the construction wall adjacent to Strander Boulevard as well as
the roadway widening. Since these conflicts are located on utility easements, the relocation services are not
included in the City's franchise agreement with PSE.
1. Relocation of PSE switch cabinet that conflicts with wall construction
2. Relocation of a PSE vault that will cause uneven grading
The funding for this relocation will come from the project budget as outlined in the 2011 CIP.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
D. Strander Boulevard Extension Phase II: Interlocal Agreement with City of Renton, BNSF Agreement and
BNSF Assignment Agreement
Staff is seeking Council approval for three items related to the planning, design, land acquisition and
construction of Phase II of the SW 27 /Strander Boulevard Extension project between West Valley
Highway and Oakesdale Avenue South.
The City of Renton is in the process of extending the above roadway for vehicular traffic between the two
cities. Phase II includes a Burlington Northern Santa Fe (BNSF) bridge over a Strander Boulevard
undercrossing. Timely processing of agreements below is critical to the obligation of federal project funds.
Interlocal Agreement Between the Cities of Renton and Tukwila
The previous interlocal agreement between the cities has been terminated, as it dealt largely with the
relocation of existing railroad tracks. The new agreement will allow the City of Renton to construct
improvements, as related to the BNSF Bridge within the City of Tukwila's right -of -way. The new
agreement does not require funding from the City of Tukwila. UNANIMOUS APPROVAL. FORWARD
TO FEBRUARY 28 COW FOR DISCUSSION.
Underpass Agreement Between the City of Tukwila and BNSF
This agreement negotiated between the City of Tukwila and BNSF outlines the scope of work and
obligations related to the construction and eventual use of the Strander Boulevard Underpass. It also
includes an easement agreement as the underpass is located within Tukwila city limits. UNANIMOUS
APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
Assignment Agreement Between the Cities of Renton. Tukwila and the BNSF
The City of Tukwila has negotiated an agreement with BNSF for the construction and maintenance of the
Strander Boulevard Underpass (see above discussion). Tukwila desires to reassign this agreement to Renton,
and Renton agrees to accept the agreement's rights and responsibilities; additionally, BNSF is also in
agreement. Re- assignment of this agreement obligates Renton as the responsible party for all fees,
maintenance, construction and /or repairs associated with the bridge. As the project sponsor, the execution of
the assignment agreement is logical and represents best practices. UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
81
82
COUNCIL AGENDA Sivosis
4:141LA
J� ,v 4 Initials .ITEM NO.
vy Meeting Date I Prepared by J Mayor's review Council review I
0 1 02/28/11 BG J
03/07/11 BG 1 I 1
290: I I l 3
ITEM INFORMATION.
I CAS NUMBER: 11-026 I STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 2/28/11
AGENDA ITEM TITLE Strander Boulevard Extension Phase II
Interlocal Agreement with City of Renton
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mt Date 02/28/11 Mtg Date 03/07/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police I PW
SPONSOR'S After the first Interloca! was terminated as the railroad tracks could not be relocated
SUMMARY adjacent to each other, Renton received approval for Phase II. Phase II will install a new
BNSF bridge over a Strander Blvd undercrossing that will tie into the new Sounder's
Tukwila Longacres Station. A new Interlocal Agreement (ILA) will allow the City of Renton
to- construct the BNSF bridge within Tukwila's right -of -way. This ILA does not require
funding from the City of Tukwila.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. E Parks Comm. Planning Comm.
DATE: 2/22/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIFIEE Unanimous Approval; Forward to Committee of the Whole
.COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 29, 2011 CIP)
Comments:
MTG. DATE RECORD OF COUNCIL- ACTION
02/28/11
03/07/11
MTG. DATE ATTACHMENTS
02/28/11 Informational Memorandum dated 02/14/11 (revised after 2/22 TC)
Figure 1— Map of Phases
Interlocal Agreement with City of Renton
Minutes from the Transportation Committee meeting of 02/22/11
03/07/11
84
ti 14.W 1 LA �4
Y s y City of Tukwila
4 t Jim Haggerton, Mayor
90. INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director 1
DATE: February 14, 2011 (revised 2/23/11)
SUBJECT: Strander Boulevard Extension Phase 11
Interlocal Agreement, Underpass Agreement Assignment Agreement
ISSUE
Approve Interlocal Agreement (ILA) and BNSF Assignment Agreement with the City of Renton and Burlington
Northern Santa Fe (BNSF) Railway Company.
BACKGROUND
The previous ILA with the City of Renton was terminated since it dealt primarily with the relocation of UPRR railroad
tracks to the east in order to be adjacent to the BNSF railroad tracks. Unfortunately, an agreement for track relocation
could not be reached with UPRR. The City of Renton successfully convinced Puget Sound Regional Council (PSRC)
and Freight Mobility Strategic Investment Board (FMSIB) that the underpass option was equal to or better than the
overpass option, since UPRR would not participate in a track relocation effort. The City of Renton still has $12 million
in state and federal funds that have to be obligated by early Spring 2011. To help accomplish this, the attached
agreements need to move forward immediately. BNSF is an active partner in the planning and design of this Phase it
of the Strander Boulevard Extension Project (Phase I completed the Strander Blvd roadway work in Renton).
DISCUSSION
The current project design for Phase II (Naches Avenue to Sound Transit Commuter Rail Station) is nearly
complete (see attached map). Phase II includes a new BNSF bridge over a Strander Boulevard undercrossing
comprised of a two lane roadway that will tie into the south end of the new Sound Transit Commuter Rail Station
(Tukwila Longacres Station). All of the new BNSF bridge over Strander Blvd will be within Tukwila city limits.
The new ILA will allow the City of Renton to construct the BNSF bridge and related improvements within the City of
Tukwila in Tukwila's right -of -way. The BNSF Assignment Agreement assigns all the rights and responsibilities of
Tukwila under the BNSF Underpass Agreement to the City of Renton.
RECOMMENDATION
The Council is being asked to approve the new Interlocal Agreement with the City of Renton, the Underpass
Agreement with BNSF, and the BNSF Assignment Agreement with the City of Renton and BNSF and consider this
item at the February 28, 2011 Committee of the Whole meeting and subsequent March 7, 2011 Regular Meeting.
Attachments: Figure 1 Phase II
Interlocal Agreement with the City of Renton
Underpass Agreement with BNSF
Assignment Agreement with City of Tukwila, Renton, and BNSF
W: \PW Eng \PROJECTS\A- RW RS Projects \98610403 Strander Extension \INFORMATION MEMO 2011 ILA_Assgnmt_BNSF Agrmt.doc 8 5
bnsf bridge map
strander boulevard extension phase ii aerial map
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF RENTON AND THE CITY OF TUKWILA
REGARDING
PHASE II OF THE SW 27TH STREET/ STRANDER BLVD. EXTENSION PROJECT
THIS AGREEMENT is made and entered into by and between and the City of Renton,( "Renton and
the City of Tukwila, "Tukwila This Agreement is made for the purpose of performing the planning,
design, acquisition of necessary property, and construction of Phase II of the improvements to the SW
27th Street /Strander Blvd. Extension Project between West Valley Highway (SR -181) and Oakesdale
Ave. SW "Project This Agreement does not address funding of the project.
RECITALS
A. Part of the Project is within the City of Renton and part of the Project is within the City of
Tukwila.
B. Renton and Tukwila have both identified the need for extending Strander Blvd./ SW 27th Street to
connect to Oakesdale Avenue South to provide an additional east /west arterial connection
between the cities.
C. It is in the best interest of Renton and Tukwila to establish a lead agency to manage this Project
and to provide for the design, environmental review, property acquisition and construction of the
Project.
D. Renton and Tukwila are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal
government cooperative agreement of this nature.
E. Renton previously completed construction of Phase I of the Strander Boulevard Extension Project
and is completing the design, environmental and right -of -way acquisition for Phase II (see Fig. 1).
NOW, THEREFORE, Renton and Tukwila agree as follows:
AGREEMENT
1. SCOPE OF WORK
Phase II of this Project will extend Strander Blvd./ SW 27th Street from Naches Ave SW under BNSF to
the south side of the Tukwila Sounder Commuter Rail Station (in between UPRR and BNSF tracks).
W: \PW Eng \PROJECTS\A- RW RS Projects \98610403 Strander Extension \Tukwila Strander ILA 2.7.11.doc
87
The future Phase III will complete the extension to West Valley Highway (SR -181) by constructing a
UPRR underpass and will complete the new east /west arterial connection between Renton and Tukwila.
2. TERMS AND CONDITIONS
2.1 Renton shall be the lead agency for the Project with regard to design, environmental review,
obtaining right -of -way and other property, if needed, construction and all other matters
pertinent to accomplishment of the Project.
2.2 Renton shall be responsible for the advertisement and selection of engineering and other
design consultants as necessary for the completion of the engineering design.
2.3 Renton shall be responsible for coordinating the public information and involvement effort
in both Cities. Tukwila shall be given the opportunity to attend and participate in any
public meetings.
2.4 Renton shall provide to Tukwila the necessary permit applications for the construction of
that portion of the Project within Tukwila's jurisdiction.
2.5 The parties to this Agreement shall appoint a contact person or persons to act as liaison for
the Project. These contact persons will meet on an "as needed" basis to provide guidance for
the Project and serve as a coordination body between the two agencies.
2.6 Renton will provide 30, 60 and 90 percent plans and specifications to Tukwila for review.
Tukwila will provide written comments, if any, to Renton within the shortest time possible
(goal: 14 days or less) after Tukwila receives the plans and specifications.
2.7 Renton shall be responsible for the acquisition of all property necessary for the Project.
Tukwila agrees to cooperate in Renton's efforts to acquire property that lies within
Tukwila's portion of the Project area. Any eminent domain proceedings which are instituted
as a result of this agreement in either Renton's boundaries or Tukwila's boundaries will be
funded by the Project. Property acquired for this Phase II project that is located in the City
of Tukwila shall remain vested with the City of Tukwila.
2.8 Tukwila agrees to use of all of their property designated by King County as Parcel No. 2523049006
for the needs of the project.
88 W:\PW Eng\PROJECTS\A- RW RS Projects \98610403 Strander Extension \Tukwila Strander ILA 2.7.11.doc
2.9 Tukwila hereby grants to Renton, and their agents and assigns, right -of -entry into the
incorporated limits of Tukwila for the purpose of performing any and all tasks necessary to
complete the Project.
2.10 The final acceptance of the Project design shall be by Renton after review by Tukwila.
3. CONSTRUCTION CONTRACT BIDDING
3.1 Renton shall perform project planning, provide a project definition and prepare the contract
bid documents for the Project.
3.2 Renton shall advertise the contract in the official legal publication for the City of Renton
and, if necessary, other newspapers to provide the widest possible coverage commensurate
with the size of the Project.
3.3 Renton will provide to Tukwila a copy of the plans and specifications advertised for bid.
3.4 Renton will open the bids. Renton will notify Tukwila of the time and date of the opening of
the bids. Tukwila may, but need not, attend the opening of the bids.
3.5 Renton will tabulate the bids. Renton shall provide a dated, verified copy of the bid
tabulations to Tukwila.
3.6 Renton shall award the contract to the lowest responsive, responsible bidder for the total
Project, subject to applicable laws and regulations.
4. CONTRACT ADMINISTRATION
4.1 Renton shall provide the necessary engineering, administrative, inspection, clerical and
other services necessary for the execution of the Project. In providing such services within
Tukwila, Renton's Public Works Administrator may exercise all the powers and perform all
the duties vested by law or ordinance in the City of Tukwila Engineer or other Tukwila
officer or department charged with street administration.
4.2 Renton will at all times keep Tukwila advised as to the progress of the Project, and shall not
order or approve any changes in the approved Project design that substantially change the
W: \PW Eng \PROJECTS\A- RW RS Projects \98610403 Strander Extension \Tukwila Strander ILA 2.7.11.doc
89
nature of the Project within the limits of the City of Tukwila without first consulting with
and gaining the approval of Tukwila.
4.3 Prior to Project completion, both parties shall perform a mutual final inspection of the
Project. Tukwila may provide a written deficiency list to Renton within ten working days
after the final inspection. The contractor will complete only construction deficiencies that
comply with the contract specifications. Final Project acceptance will be by Renton's Public
Works Administrator.
5. OWNERSHIP AND MAINTENANCE
5.1 Relocated water and sewer utilities in Tukwila currently owned and operated by Renton will
remain City of Renton facilities and Renton will assume ownership and maintenance after
final contract acceptance by the City of Renton.
5.2 Through a permanent easement granted by Tukwila, stormwater detention facilities
required for the Phase II project located on the Tukwila parcel shall be owned and
maintained by Renton, including the underground pump station, the above ground
maintenance building that houses the emergency generator (if any), the pond, access roads,
and outfall piping. The easement shall include a description of Renton's obligation.
6. DURATION.
This Agreement shall remain in effect upon approval and execution of the Agreement by both parties.
7. TERMINATION.
Either party may terminate this Agreement by giving thirty (30) days written notice of termination to
the other party.
8. INDEMNIFICATION AND HOLD HARMLESS
Washington State law shall govern the respective liability between the parties to this Agreement for
any loss due to property damage or personal injury arising out of the activities conducted pursuant to
this Agreement.
W: \PW Eng \PROJECTS\A- RW RS Projects \98610403 Strander Extension \Tukwila Strander ILA 2.7.11 doe
90
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last
written below.
CITY OF RENTON CITY OF TUKWILA
Title: Title:
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Renton City Attorney Tukwila City Attorney
W: \PW Eng PROJECTS \A RW RS Projects \98610403 Strander Extension \Tukwila Strander ILA 2.7.11.doc
91
92
Transportation Committee Minutes February 22, 2010 Page 2
a Overview of the critical paths of work
Review of two utility conflicts, and attempt to resolve prior to start of project
Plans for public outreach (includes project website)
Staff has already met with Mall retailers and has another retail meeting scheduled for March 1. Committee
Member Seal commented that when in Olympia last week, Councilmembers provided project information to
state representatives. INFORMATION ONLY.
C. Tukwila Urban Center Access (Klickitat) Proiect Puget Sound Energy Relocation Agreement
Staff is seeking Council approval of a facility relocation agreement with Puget Sound Energy (PSE) in an
amount not to exceed $231,000 for the Tukwila Urban Center Access project.
Through work with the project's design consultant, HNTB, staff has identified two utility conflicts that
could significantly affect the project completion timeline. These conflicts, as identified below, will need to
be resolved prior to the beginning work on the construction wall adjacent to Strander Boulevard as well as
the roadway widening. Since these conflicts are located on utility easements, the relocation services are not
included in the City's franchise agreement with PSE.
1. Relocation of PSE switch cabinet that conflicts with wall construction
2. Relocation of a PSE vault that will cause uneven grading
The funding for this relocation will come from the project budget as outlined in the 2011 CEP.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
D. Strander Boulevard Extension Phase II: Interlocal Agreement with City of Renton, BNSF Agreement and
BNSF Assignment Agreement
Staff is seeking Council approval for three items related to the planning, design, land acquisition and
construction of Phase II of the SW 27 Boulevard Extension project between West Valley
Highway and Oakesdale Avenue South.
N
The City of Renton is in the process of extending the above roadway for vehicular traffic between the two
cities. Phase II includes a Burlington Northern Santa Fe (BNSF) bridge over a Strander Boulevard
undercrossing. Timely processing of agreements below is critical to the obligation of federal project funds.
Interlocal Ae Between the Cities of Renton and Tukwila
The previous interlocal agreement between the cities has been terminated, as it dealt largely with the
relocation of existing railroad tracks. The new agreement will allow the City of Renton to construct
improvements, as related to the BNSF Bridge within the City of Tukwila's right -of -way. The new
agreement does not require funding from the City of Tukwila. UNANIMOUS APPROVAL. FORWARD
TO FEBRUARY 28 COW FOR DISCUSSION.
Underpass Agreement Between the City of Tukwila and BNSF
This agreement negotiated between the City of Tukwila and BNSF outlines the scope of work and
obligations related to the construction and eventual use of the Strander Boulevard Underpass. It also
includes an easement agreement as the underpass is located within Tukwila city limits. UNANIMOUS
APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
Assignment Agreement Between the Cities of Renton. Tukwila and the BNSF
The City of Tukwila has negotiated an agreement with BNSF for the construction and maintenance of the
Strander Boulevard Underpass (see above discussion). Tukwila desires to reassign this agreement to Renton,
and Renton agrees to accept the agreement's rights and responsibilities; additionally, BNSF is also in
agreement. Re- assignment of this agreement obligates Renton as the responsible party for all fees,
maintenance, construction and /or repairs associated with the bridge. As the project sponsor, the execution of
the assignment agreement is logical and represents best practices. UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 23 COW FOR DISCUSSION.
93
94
CO UNCIL A GENDA SYNOPSIS
7 041LA1.1 Initials ITEM No.
bin ri 1 Meeting Date Prepared by g 1 Mayor's, review Cou, nci( review
9 J 02/28/11 1 BG 1 1
4 1 03/07/11 11 I BG
90; I I I 1 3, 6
ITEM INFORMATION
CAS NUMBER: 11-027 I STAFF SPONSOR: BOB GIBERSON [ORIGINAL AGENDA DA I'E: 2/28/11
AGENDA ITEM TITLE Strander Boulevard Extension Phase II
Underpass Agreement with Burlington Northern Santa Fe (BNSF) Railway
CATEGORY Discussion Motion n Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/28/11 Mtg Date 03/07/11 Mtg Date Mtg Date Mtg Date Mtg Daie Mtg Date
SPONSOR Council n Mayor Adm Svcs DCD Finance Fire n Legal P&R Police ®PW
SPONSOR'S Strander Blvd Extension Phase II will install a new BNSF bridge over a Strander Blvd
SUMMARY undercrossing that will tie into the new Sounder's Tukwila Longacres Station. This
Underpass Agreement with BNSF outlines the scope of work and obligations related
to the construction and eventual use of the Strander Blvd underpass. It also includes
an easement agreement as the underpass is with Tukwila city limits.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'IE: 2/22/11 COMMITTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
CoMMII IEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 29, 2011 CIP)
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
02/28/11
03/07/11
I MTG. DATE I ATTACHMENTS
02/28/11 Informational Memorandum dated 02/14/11 (revised after 2/22 TC)
Underpass Agreement with BNSF
Minutes from the Transportation Committee meeting of 02/22/11
03/07/11
I 1
...r
Cot of Tukwila
J 3 Jim Haggerton, Mayor
190 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
4
FROM: Bob Giberson, Public Works Director 'row
DATE: February 14, 2011 (revised 2/23/91)
SUBJECT: Strander Boulevard Extension Phase II
Interlocal Agreement, Underpass Agreement Assignment Agreement
ISSUE
Approve Interlocal Agreement (ILA) and BNSF Assignment Agreement with the City of Renton and Burlington
Northern Santa Fe (BNSF) Railway Company.
BACKGROUND
The previous ILA with the City of Renton was terminated since it dealt primarily with the relocation of UPRR railroad
tracks to the east in order to be adjacent to the BNSF railroad tracks. Unfortunately, an agreement for track relocation
could not be reached with UPRR. The City of Renton successfully convinced Puget Sound Regional Council (PSRC)
and Freight Mobility Strategic Investment Board (FMSIB) that the underpass option was equal to or better than the
overpass option, since UPRR would not participate in a track relocation effort. The City of Renton still has $12 million
in state and federal funds that have to be obligated by early Spring 2011. To help accomplish this, the attached
agreements need to move forward immediately. BNSF is an active partner in the planning and design of this Phase II
of the Strander Boulevard Extension Project (Phase I completed the Strander Blvd roadway work in Renton).
DISCUSSION
The current project design for Phase II (Naches Avenue to Sound Transit Commuter Rail Station) is nearly
complete (see attached map). Phase II includes a new BNSF bridge over a Strander Boulevard undercrossing
comprised of a two lane roadway that will tie into the south end of the new Sound Transit Commuter Rail Station
(Tukwila Longacres Station). All of the new BNSF bridge over Strander Blvd will be within Tukwila city limits.
The new ILA will allow the City of Renton to construct the BNSF bridge and related improvements within the City of
Tukwila in Tukwila's right -of -way. The BNSF Assignment Agreement assigns all the rights and responsibilities of
Tukwila under the BNSF Underpass Agreement to the City of Renton.
RECOMMENDATION
The Council is being asked to approve the new Interlocal Agreement with the City of Renton, the Underpass
Agreement with BNSF, and the BNSF Assignment Agreement with the City of Renton and BNSF and consider this
item at the February 28, 2011 Committee of the Whole meeting and subsequent March 7, 2011 Regular Meeting.
Attachments: Figure 1 Phase II
interfocal Agreement with the City of Renton
Underpass Agreement with BNSF
Assignment Agreement with City of Tukwila, Renton, and BNSF
W: \PW Eng \PROJECTS\A- RW RS Projects\ 98610403 Strander ExtensiontINFORMATION MEMO 2011 ILA_Assgnmt_BNSF Agrmt. 9 7
98
UNDERPASS AGREEMENT
Strander Boulevard Underpass
U.S. D.O.T. No. 929044V
BNSF LS 51 MP 11.06X
This Agreement "Agreement is executed to be effective as of this day of
20 "Effective Date by and between BNSF RAILWAY COMPANY, a Delaware corporation
"BNSF and the CITY OF TUKWILA, a municipal corporation of the State of Washington "Agency
RECITALS:
WHEREAS, BNSF owns and operates a line of railroad in and through the City of Tukwila, State of
Washington;
WHEREAS, Agency desires to construct a new crossing at separated grades to be known as the
Strander Boulevard Underpass and designated as D.O.T. No. 929044V; and
WHEREAS, per separate agreements, the existing Longacres Way roadway undercrossing designated as
D.O.T. No. 085611A will be permanently closed and removed upon completion of construction and the
placing in service of the Strander Boulevard Underpass under BNSF and Union Pacific tracks.
NOW, THEREFORE, in consideration 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:
ARTICLE 1 SCOPE OF WORK
1. The term "Project" as used herein includes any and all work related to the construction of the
proposed Strander Boulevard Underpass (hereinafter referred to as the "Structure more particularly
described on the Exhibit A attached hereto and incorporated herein, including, but not limited to, any and
all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and
permanent track work, fencing, grading, alterations to or new construction of drainage facilities,
preliminary and construction engineering and contract preparation.
ARTICLE 11 BNSF OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF
agrees as follows:
1. In consideration of the faithful performance of the Agency's covenants contained herein, BNSF
hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions set
forth in this Agreement, a temporary non exclusive license (hereinafter called, "Temporary Construction
License to construct the Structure across or upon the portion of BNSF's right -of -way described further
on Exhibit A, excepting and reserving BNSF's rights, and the rights of any others who have obtained, or
may obtain, permission or authority from BNSF, to do the following:
(a) Operate, maintain, renew and /or relocate any and ail existing railroad track or tracks, wires,
pipelines and other facilities of like character upon, over or under the surface of said right -of-
way;
99
(b) Construct, operate, maintain, renew and /or relocate upon said right -of -way, without limitation,
such facilities as the BNSF may from time to time deem appropriate, provided such facilities
do not materially interfere with the Agency's use of the Structure;
(c) Otherwise use or operate the right -of -way as BNSF may from time to time deem appropriate,
provided such use or operations does not materially interfere with the Agency's use of the
Structure.
Prior to commencing any work on BNSF's property or right -of -way, Agency must pay BNSF the
sum of and No /100 Dollars as compensation for the Temporary Construction
License. The term of the Temporary Construction License begins on the Effective Date and ends on the
earlier of (i) substantial completion of the Structure, or (ii) three (3) years and two (2) months following the
Effective Date. The Temporary Construction License and related rights given by BNSF to Agency in this
provision are without warranty of title of any kind, express or implied, and no covenant of warranty of title
will be implied from the use of any word or words herein contained. The Temporary Construction License
is for construction of the Structure only and shall not be used by Aciencv for any other ourpose. Agency
acknowledges and agrees that Agency shall not have the right, under the Temporary Construction
License, to use the Structure. In the event Agency is evicted by anyone owning, or claiming title to or any
interest in said right -of -way, BNSF will not be liable to Agency for any damages, losses or any expenses
of any nature whatsoever. The granting of similar rights to others, subsequent to the date of this
Agreement, will not impair or interfere with the rights granted to Agency herein.
Upon receiving the payment from Agency described in the subsequent sentence and provided
Agency is in compliance with the terms and conditions of this Agreement, BNSF will grant to Agency, its
successors and assigns, an easement (hereinafter called, the "Easement to enter upon and use that
portion of BNSF's right -of -way as is necessary to use and maintain the Structure, substantially in the form
of Exhibit B attached to this Agreement. Agency must pay BNSF the sum of and
No /100 Dollars as compensation for the Easement within thirty (30) days of issuing a Notice
to Proceed pursuant to Article III, Section 17 of this Agreement. If Agency fails to pay BNSF within the
thirty day time period set forth in the preceding sentence, BNSF may stop construction of the Project until
full payment is received by BNSF.
2. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the
construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit
D attached hereto and made a part hereof. In the event construction on the Project has not commenced
within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise
the cost estimates set forth in said Exhibit D. In such event, 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 D not specifically mentioned therein may be included as a part of this Agreement upon written
approval of Agency, which approval will not be unreasonably withheld. Construction of the Project must
include the following railroad work by BNSF:
(a) Procurement of materials, equipment and supplies necessary for the railroad work;
(b) Preliminary engineering, design, and contract preparation;
(c) Furnishing flagging services as required and set forth in further detail on Exhibit C;
(d) Furnishing engineering and inspection as required in connection with the construction of the
Project;
(e) Providing a contract project coordinator, at Agency's expense, to serve as a project
manager for the Project;
(f) Construction and removal of shoofly tracks for two main tracks including the lining over and
lining back of portions of the existing main tracks;
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(g) Modifications and relocations to BNSF signal or telecommunications facilities as necessary
for construction of the shoofly tracks and Structure; and
3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis, when
BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its
own employees working under applicable collective bargaining agreements.
4. Agency agrees to allow BNSF immediate access for work of an emergency nature which BNSF
deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection
of persons or BNSF property. If it is determined that the need for such emergency work caused by the
negligence of Agency or Agency's contractor in connection with the Project Agency shall reimburse BNSF
up to $5,000.00 for such work. if the cost of the work exceeds $5,000.00 it shall be the responsibility of
BNSF to seek such payment through the Agency's claims process. Such work may be performed by
BNSF without prior approval of Agency.
5. BNSF may charge Agency for insurance expenses, including self insurance expenses when such
expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal
Employer's Liability Act) in connection with the construction of the Project. Such charges will be
considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for
injury, loss or death to BNSF's employees, if any.
6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the
costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for
completed force account work within thirty (30) days of the date of the invoice for such work. Upon
completion of the Project, 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 D. Pursuant to this section and Article
IV, Section 7 herein, 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.
ARTICLE III AGENCY OBLIGATIONS
In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency
agrees as follows:
1. Agency must furnish to BNSF plans and specifications for the Project. Electronic (PDF) copies of
said plans (reduced size 11" x 17 together with calculations and specifications in English Units, must
be submitted to BNSF for approval prior to commencement of any construction. BNSF will give Agency
final written approval of the plans and specifications substantially in the form of Exhibit E, attached to this
Agreement and made a part hereof. Upon BNSF's final written approval of the plans and specifications,
said plans and specifications will become part of this Agreement and are hereby incorporated herein.
Any approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with
respect to the finished product design and /or construction. Any approval by BNSF shall mean only that
the plans and specifications meet the subjective standards of BNSF, and such approval by BNSF shall
not be deemed to mean that the plans and specifications or construction is structurally sound and
appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local
ordinances and /or building codes.
2. Agency must make any required application and obtain all required permits and approvals for the
construction of the Project.
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3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required
and approved by BNSF as part of the plans and specifications for the Project.
4. Agency must acquire all rights of way necessary for the construction of the Project including
property for the new access road from Strander to BNSF ROW.
5. Agency must make any and all arrangements for the installation or relocation of wire lines, pipe
lines and other facilities owned by private persons, companies, corporations, political subdivisions or
public utilities other than BNSF which may be necessary for the construction of the Project.
6. Agency must construct the Project as shown on the attached Exhibit A and do all work "Agency's
Work provided for in the plans and specifications for the Project, except railroad work that will be
performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the
performance of Agency's Work. The principal elements of Agency's Work are as follows:
(a) Construction of the Structure;
(b) Construction of all items associated with the Project not identified in Article II above or
required to be performed by BNSF as stated elsewhere in this Agreement;
(c) All necessary excavation, grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF's right -of -way. Prior to any earth being
excavated by Agency on BNSF property, Agency shall conform to all State and Federal
environmental policies and requirements for removal of earth;
(d) Earthwork grading including placement of twelve (12) inches of sub ballast for the
shooflys and for the permanent replacement of the main tracks. Agency shall leave the
earthwork in place on the west side of the tracks and on the east side of the tracks
dependent on land acquisition done outside of this agreement, prior to the completion of
the Agency's project, for future 3 and 4 main tracks
(e) Provide suitable drainage, both temporary and permanent;
(f) Improvements and land acquisition(s) necessary in order to provide BNSF with a
permanent gravel access road from Strander Boulevard to BNSF right -of -way for
maintenance purposes;
(g) Job site cleanup including removal of all construction materials, concrete debris, surplus
soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the
satisfaction of BNSF.
7. Agency must apply and maintain said D.O.T. Crossing number 929044V in a conspicuous
location on the Structure.
8. Agency's Work must be performed by Agency or Agency's contractor in a manner that will not
endanger or interfere with the safe and timely operations of BNSF and its facilities.
9. For any future inspection or maintenance, either routine or otherwise, performed by
subcontractors on behalf of the Agency, Agency shall require the subcontractors to execute Exhibit C -1.
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, Railroad Protective Liability insurance.
10. In order to prevent damage to BNSF trains and property, Agency must require its contractor(s) to
notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in
accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its
102 4
contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days prior to commencing
work on BNSF property or near BNSF tracks.
11. Agency or its contractor(s) must submit electronic (PDF) copies of any plans (including
calculations in English Units) for proposed shoring or cribbing to be used over, under, or adjacent to
BNSF's tracks to BNSF's Project Representative for approval. The shoring or cribbing used by Agency's
contractor shall comply with BNSF Bridge Requirements set forth on Exhibit F attached to this Agreement
and incorporated herein. Additionally, the shoring and cribbing must comply with all applicable
requirements promulgated by state and federal agencies, departments, commissions and other legislative
bodies.
12. Agency must include the following provisions in any contract with its contractor(s) performing
work on said Project:
(a) The Contractor is placed on notice that fiber optic, communication and other cable
lines and systems (collectively, the "Lines owned by various telecommunications
companies may be buried on BNSF's property or right -of -way. The locations of these
Lines have been included on the plans based on information from the
telecommunications companies. The contractor will be responsible for contacting
BNSF's Engineering Representative (Ben Steinkamp 206 625 6189), BNSF's Signal
Representative (Eric Shaffstall 206 272 -3771) and the telecommunications
companies and notifying them of any work that may damage these Lines or facilities
and /or interfere with their service. The contractor must also mark all Lines shown on
the plans or marked in the field in order to verify their locations. The 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) The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully
with any telecommunications company(ies) in performing such rearrangements.
(c) Failure to mark or identify these Lines will be sufficient cause for BNSF's Engineering
Representative to stop construction at no cost to the Agency or BNSF until these
items are completed.
(d) In addition to the liability terms contained elsewhere in this Agreement, the contractor
hereby indemnifies, defends and holds 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 Contractor, its subcontractors, agents and /or employees that cause or in
any way or degree contribute to (1) any damage to or destruction of any Lines by
Contractor, and /or its subcontractors, agents and /or employees, 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 any telecommunications company, and /or its contractor, agents and /or
employees, on BNSF's property or within BNSF's right -of -way, and /or (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 telecommunication company(ies). THE LIABILITY
ASSUMED BY CONTRACTOR WILL APPLY ONLY TO THE EXTENT OF THE
NEGLIGENCE OF CONTRACTOR, ITS AGENTS OR EMPLOYEES, AND 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 SOLE NEGLIGENCE OF BNSF.
(e) For any Work performed in the State of Washington, the Contractor agrees to
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indemnify Railroad against all loss, liability and damages, including environmental
damage, hazardous materials damage, or penalties or fines that may be assessed,
caused by or resulting from the concurrent negligence of (a) the Railroad or the
Railroad's agents or employees, and (b) the Contractor or the Contractor's agents or
employees, to the extent of the Contractor's negligence.
(f) It is mutually negotiated between the parties that the indemnification obligation
shall include all claims brought by Contractor's employees against BNSF, 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.
13. Agency must require compliance with the obligations set forth in this agreement, including Exhibit
C and Exhibit C -1, and incorporate in each prime contract for construction of the Project, or the
specifications therefor (i) the provisions set forth in Article III; (ii) the provisions set forth in Article IV; and
(iii) the provisions set forth in Exhibit C and Exhibit C -1, attached hereto and .by reference made a part
hereof.
14. Except as otherwise provided below in this Section, all construction work performed hereunder by
Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such
contracts must include the following:
(a) All work performed under such contract or contracts within the limits of BNSF's right -of-
way must be performed in a good and workmanlike manner in accordance with plans and
specifications approved by BNSF;
(b) Changes or modifications during construction that affect safety or BNSF operations will
be subject to BNSF's approval;
(c) No work will be commenced within BNSF's right -of -way until each of the prime
contractors employed in connection with said work must have (i) executed and delivered
to BNSF a letter agreement in the form of Exhibit C -1, and (ii) delivered to and secured
BNSF's approval of the required insurance;
(d) To facilitate scheduling for the Project, Agency shall have its contractor give BNSF's
representative four (4) weeks advance notice of the proposed times and dates for work
windows. BNSF and Agency's contractor will establish mutually agreeable work windows
for the Project. BNSF has the right at any time to revise or change the work windows,
due to train operations or service obligations. BNSF will not be responsible for any
additional costs and expenses resulting from a change in work windows. Additional costs
and expenses resulting from a change in work windows shall be accounted for in the
contractor's expenses for the Project.
(e) The plans and specifications for the Project must be in compliance with the Bridge
Requirements set forth on Exhibit F.
15. Agency must advise the appropriate BNSF Manager of Public Projects, in writing, of the
completion date of the Project within thirty (30) days after such completion date. Additionally, Agency
must notify BNSF's Manager of Public Projects, in writing, of the date on which Agency and /or its
Contractor will meet with BNSF for the purpose of making final inspection of the Project.
16. TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF WASHINGTON,
AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS
AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES,
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND
AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES,
LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING,
104 6
WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR
DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE
PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM
OR RELATED TO (IN WHOLE OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF
AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE
AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR
ANY OBLIGATION UNDER THIS AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR
OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS
IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY
CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE II OF
THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE II OF THIS
AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT -OF-
WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE
BY AGENCY, OR (VII) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES,
EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY
ASSUMED BY AGENCY WILL APPLY ONLY TO THE EXTENT OF THE NEGLIGENCE OF AGENCY,
ITS AGENTS OR EMPLOYEES, AND THIS WILL NOT BE AFFECTED BY THE FACT, IF IT IS A
FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH 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 SOLE NEGLIGENCE OF BNSF.
It is mutually negotiated between the parties that the indemnification obligation shall include all
claims brought by Agency's employees against BNSF, its agents, servants, employees or
otherwise, and Agency expressly waives its immunity under the industrial insurance act (RCW
Title 51) and assumes potential liability for all actions brought by its employees.
17. Agency must give BNSF's Manager of Public Projects written notice to proceed with the railroad
work after receipt of necessary funds for the Project. BNSF will not begin the railroad work (including,
without limitation, procurement of supplies, equipment or materials) until written notice to proceed is
received from Agency.
ARTICLE IV JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1. All work contemplated in this Agreement must be performed in a good and workmanlike manner
and each portion must be promptly commenced by the party obligated hereunder to perform the same
and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any
changes or modifications during construction which affect BNSF will be subject to BNSF's approval prior
to the commencement of any such changes or modifications.
2. The work hereunder must be done in accordance with the Bridge Requirements set forth on
Exhibit F and the detailed plans and specifications approved by BNSF.
3. Agency must require its contractor(s) to reasonably adhere to the Project's construction schedule
for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in
accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies
will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability.
Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the
labor forces assigned to complete the railroad work in the event of an emergency to provide for the
immediate restoration of railroad operations (BNSF or its related railroads) or to protect persons or
property on or near any BNSF owned property. BNSF will not be liable for any additional costs or
expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any
7 105
reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or
costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF.
4. BNSF will have the right to stop construction work on the Project if any of the following events
take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the
plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF's opinion,
prosecutes the Project work in a manner which is hazardous to BNSF 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) Agency fails to pay BNSF for the Temporary
Construction License or the Easement pursuant to Article II, Section 1 of this Agreement. The work
stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the
situation to the satisfaction of BNSF's Division Engineer or until additional insurance has been delivered
to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction
License, or (iii) the Easement, BNSF may immediately terminate the Temporary Construction License or
the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of
BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not
limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction
work on the Project, BNSF agrees to immediately notify the following individual in writing:
Bob Giberson
City of Tukwila
6300 Southcenter Blvd Suite 100
Tukwila, WA 98188 -2544
5. Agency must supervise and inspect the operations of all Agency contractors to assure
compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all
safety requirements of the BNSF railroad. If BNSF determines that proper supervision and inspection is
not being performed by Agency personnel at any time during construction of the Project, BNSF has the
right to stop construction (within or adjacent to its operating right -of -way). Construction of the Project will
not proceed until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the
situation is not being corrected in an expeditious manner, BNSF will immediately notify the City of Tukwila
for appropriate corrective action.
6. Section intentionally deleted.
7. Pursuant to this section and Article II, Section 6 herein, Agency must, out of funds made available
to it for the construction of the Project, reimburse BNSF in full for the actual costs of all work performed by
BNSF under this Agreement.
8. All expenses detailed in statements sent to Agency pursuant to Article II, Section 6 herein will
comply with the terms and provisions of the Federal Aid Highway Program Manual, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated into and made a part
of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design,
and contract preparation costs described in Article II, Section 2 herein are part of the costs of the Project
even though such work may have preceded the date of this Agreement.
9. The parties mutually agree that no construction activities for the Project, nor future maintenance
of the Structure once completed, will be permitted during the fourth quarter of each calendar year.
Emergency work will be permitted only upon prior notification to BNSF's Network Operations Center
(telephone number: 800 832 5452). The parties hereto mutually understand and agree that trains cannot
be subjected to delay during this time period.
10. Subject to the restrictions imposed by Article IV, Section 9 above, the construction of the Project
will not commence until Agency gives BNSF's Manager of Public Projects thirty (30) days prior written
notice of such commencement. The commencement notice will reference D.O.T. Crossing No. 929044V
and must state the time that construction activities will begin.
106 8
11. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not
limited to, the terms and conditions stated in Exhibit F, BNSF and Agency agree to the following terms
upon completion of construction of the Project:
(a) BNSF will, at its sole cost and expense, accept, own, and maintain its roadbed, track, any
BNSF access gates installed pursuant to the Project, railroad drainage, and all other
railroad facilities.
(b) Agency will own and maintain, at its sole cost and expense, the Structure, the highway
approaches, and appurtenances thereto, lighting, drainage and any access roadways to
BNSF gates installed pursuant to this Agreement. BNSF may, at its option, perform
maintenance on the Structure in order to avoid conflicts with train operations. BNSF will
notify Agency prior to performing any such maintenance on the Structure. In the event
such maintenance involves emergency repairs, BNSF will notify Agency at its earliest
opportunity. Agency must fully reimburse BNSF for the costs of maintenance performed
by BNSF pursuant to this subsection (b) in an amount not to exceed $5,000.00, unless
submitted through the Agency's claims process.
(c) Agency must, at Agency's sole cost and expense, keep the Structure painted and free
from graffiti.
(d) Agency must apply and maintain vertical clearance signs which consistently and
accurately describe the minimum actual vertical clearance from the bottom of the
Structure to the top of any pavement.
(e) Agency agrees to reimburse BNSF for the cost of track surfacing due to settlement
caused by the construction of the Structure for a period not to exceed two (2) years from
the date of final inspection pursuant to Article III, Section 15.
(f) Agency must provide BNSF with any and all necessary permits and maintain roadway
traffic controls, at no cost to BNSF, whenever requested by BNSF to allow BNSF to
inspect the Structure or to make emergency repairs thereto.
(g) It is expressly understood by Agency and BNSF that any right to install utilities will be
governed by a separate permit or license agreement between the parties hereto.
(h) Agency must keep the Structure and surrounding areas clean and free from birds,
pigeons, scavengers, vermin, creatures and other animals.
(i) If Agency (including its contractors and agents) or BNSF, on behalf of Agency, performs
(i) alterations or modifications to the Structure, or (ii) any maintenance or other work on
the Structure with heavy tools, equipment or machinery at ground surface level
horizontally within 25' -0" of the centerline of the nearest track, or (iii) any maintenance or
other work to the superstructure of the Structure, then Agency or its contractors and /or
agents must procure and maintain the following insurance coverage:
Railroad Protective Liability insurance naming only the Railroad 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 10 93
and include the following:
Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31
10 93)
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.
o The original policy must be provided to the Railroad prior to performing any
work or services under this Agreement
9 107
As used in this paragraph, "Railroad" means "Burlington Northern Santa Fe
Corporation "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns
and affiliates of each.
In lieu of providing a Railroad Protective Liability Policy, Agency may participate in
BNSF's Blanket Railroad Protective Liability Insurance Policy if available to Agency or its
contractors. The limits of coverage are the same as above.
12. Agency hereby grants to BNSF, at no cost or expense to BNSF, a permanent right of access from
Strander Boulevard to BNSF right -of -way for maintenance purposes.
13. Agency must provide one set of as built plans (prepared in English Unitsl to BNSF, as well as
one set of computer diskettes containing as built CAD drawings of the Structure and identifying the
software used for the CAD drawings. The "as built plans" must comply with the Bridge Requirements set
forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses. The "as
built plans" must also include plan and profile, structural bridge drawings and specifications, and drainage
plans. All improvements and facilities must be shown.
14. Subject to the restrictions imposed by Article IV, Section 9 above, Agency must notify and obtain
prior authorization from BNSF's Manager of Public Projects before entering BNSF's right -of -way for
Inspection or Maintenance purposes, and the BNSF Manager of Public Projects will determine if
flagging is required. If the construction work hereunder is contracted, Agency must require its prime
contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C -1, as the same may be
revised from time to time. Agency will be responsible for its contractor(s) compliance with such
obligations.
15. BNSF may, at its expense, make future changes or additions to the railroad components of the
Structure if necessary or desirable, in BNSF's sole discretion, including, without limitation the following: (i)
the right to raise or lower the grade or change the alignment of its tracks, (ii) the right to lay additional
track or tracks, or (iii) the right to build other facilities in connection with the operation of its railroad. Such
changes or additions must not change or alter the highway components of the Structure. If it becomes
necessary or desirable in the future to change, alter, widen or reconstruct the highway components of the
Structure to accommodate railroad projects, the cost of such work, including any cost incidental to
alteration of railroad or highway facilities made necessary by any such changes to the Structure, will be
divided between BNSF and Agency in such shares as may be mutually agreed to by the parties hereto.
16. Agency may, at Agency's sole expense, alter or reconstruct the highway components of the
Structure if necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic;
provided, however, that any such alteration or reconstruction must not encroach further upon or occupy
the surface of BNSF's right -of -way to a greater extent than is contemplated by the plans and
specifications to be approved by BNSF pursuant to Article III, Section 1 herein, without obtaining BNSF's
prior written consent and the execution of a supplement to this Agreement or the completion of a separate
agreement.
17. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or
the costs or expenses for labor and material connected with the construction will at all reasonable times
be open to inspection and audit by the agents and authorized representatives of the parties hereto, as
well as the State of Washington and the Federal Highway Administration, for a period of three (3) years
from the date of final BNSF invoice under this Agreement.
18. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the
successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither party
hereto may assign any of its rights or obligations hereunder without the prior written consent of the other
party.
19. In the event construction of the Project does not commence within 12 months of the Effective
Date, this Agreement will become null and void.
108 10
20. Neither termination nor expiration of this Agreement will release either party from any liability or
obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or
events happening prior to the date of termination or expiration.
21. To the maximum extent possible, each provision of this Agreement will be interpreted in such a
manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited
by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of
such prohibition or invalidity and the remainder of the provision will be enforceable.
22. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is
the full and complete agreement between BNSF and Agency with respect to the subject matter herein
and supersedes any and all other prior agreements between the parties hereto.
23. Any notice provided for herein or concerning this Agreement must be in writing and will be
deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the
following addresses:
BNSF Railway Company: BNSF Manager Public Projects
2454 Occidental Avenue South Suite 2D
Seattle, WA 98134
Agency: City of Tukwila
Bob Giberson
6300 Southcenter Blvd STE 100
Tukwila, WA 98188 -2544
11 109
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by its duly qualified and authorized officials as of the day and year first above written.
BNSF RAILWAY COMPANY
By:
Printed Name:
Title:
WITNESS:
AGENCY
CITY OF TUKWILA
By:
Printed Name:
Title:
WITNESS:
110
Exhibit A
[Insert drawings of the Temporary Construction License and Structure]
111
112
Exhibit B
EASEMENT AGREEMENT
FOR STRANDER BOULEVARD UNDERPASS
(Underpass Agreement)
THIS EASEMENT AGREEMENT FOR THE STRANDER BOULEVARD UNDERPASS "Easement
Agreement is made and entered into as of the day of 20 "Effective Date"), by and
between BNSF RAILWAY COMPANY, a Delaware corporation "Grantor and the CITY OF TUKWILA, a
municipal corporation of the State of Washington "Grantee
A. Grantor owns or controls certain real property situated at or near the vicinity of Tukwila, County
of King, State of Washington, at Mile Post 11.06X, [Project 929044V], as described or depicted on Exhibit "A-
1" attached hereto and made a part hereof (the "Premises
B. Grantor and Grantee have entered into that certain Underpass Agreement dated as of
concerning improvements on or near the Premises (the
"Underpass Agreement
C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set
forth in this Easement Agreement.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein,
the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the
UNDERPASS Agreement. Any improvements to be constructed in connection with the
Easement Purpose are referred to herein as "Improvements" and shall be constructed,
located, configured and maintained by Grantee in strict accordance with the terms of this
Easement Agreement and the UNDERPASS Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non exclusive easement "Easement over
the Premises for the Easement Purpose and for no other purpose. The Easement is granted
subject to any and all restrictions, covenants, easements, licenses, permits, leases and other
encumbrances of whatsoever nature whether or not of record, if any, relating to the Premises
and subject to all with all applicable federal, state and local laws, regulations, ordinances,
restrictions, covenants and court or administrative decisions and orders, including
Environmental Laws (defined below) and zoning laws (collectively, "Laws Grantor may not
make any alterations or improvements or perform any maintenance or repair activities within the
Premises except in accordance with the terms and conditions of the UNDERPASS Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor
and any other parties who may obtain written permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any existing pipe, power, communication, cable, or utility lines and
appurtenances and other facilities or structures of like character (collectively, "Lines
upon, over, under or across the Premises;
Form 106; Rev. 06/01/05
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(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any tracks or additional facilities or structures upon, over, under or across the
Premises; and
(c) to use the Premises in any manner as the Grantor in its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
interference with the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of
this Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has
made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any
personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises.
Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to
entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR
CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL
OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO
ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS
INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT
IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO
ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has
inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its
physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee
acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's
Contractors (as hereinafter defined) can successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE
TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR
USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by
anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the
affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the
lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as
may be necessary to obtain any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance,
or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will
provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such
fill or embankment shall or may obstruct the natural and pre- existing drainage from such lands and premises of
the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve
such natural and pre- existing drainage, and shall also wherever necessary, construct extensions of existing
drains, culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate
sectional dimensions to preserve the present flowage of drainage or other waters, an of materials and
workmanship equally as good as those now existing. In the event any construction, repair, maintenance, work or
other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities
(collectively, "Other Improvements Grantee will be responsible at Grantee's sole risk to locate and make any
adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other
Improvements notifying them of any work that may damage these Other Improvements and /or interfere with their
service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must
mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in
Form 106; Rev. 06/01/05
2
1 14
order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor
property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist.
The Grantee agrees to keep the above described premises free and clear from combustible materials and to cut
and remove or cause to be cut and removed at its sole expense all weeds and vegetation on said premises,
said work of cutting and removal to be done at such times and with such frequency as to comply with Grantee
and local laws and regulations and abate any and all hazard of fire.
Section 6 Taxes and Recordina Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes levied or assessed upon the Improvements by any governmental or quasi
governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the
Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount
prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees
incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor
shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against
Grantor, including all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and
local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation
and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials
Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws Grantee shall not
maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms
are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the
release of "hazardous waste" or "hazardous substances as "hazardous waste" and "hazardous substances"
may now or in the future be defined by any Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832 -5452 of any release of hazardous substances on or from the Premises, violation
of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing
Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to
promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of
all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such
release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a
release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during
the construction or subsequent maintenance of the Improvements, soils or other materials considered to be
environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils.
Determination of soils contamination and applicable disposal procedures thereof, will be made only by an
agency having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
activities upon the Premises known to Grantee which create a risk of harm to persons, property or the
environment and shall take whatever action is necessary to prevent injury to persons or property arising out of
such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of
any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to
Grantor's request for information regarding said conditions or activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory
to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with the above
stated obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor
may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon
Form 106; Rev. 06/01/05
3
1 15
Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in
Section 9.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's' Contractors, fails to properly
perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific
performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of
such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or
remove any interference with the activities or property of Grantor, or anyone or anything present on the rail
corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all
costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to
perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this
Easement Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five
(5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the
Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to
terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any
way affect Grantor's ability to enforce any section of this Easement Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from
any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises
are restored as required by Section 9.
8.4 Non exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and
not in limitation of, any other remedies that Grantor may have under the UNDERPASS Agreement, at law or in
equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement,
whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee
shall, at its sole cost and expense, immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and all appurtenances
thereto from the Premises, as Grantor directs at Grantor's sole discretion;
(b) repair and restore any damage to the Premises arising from, growing out of, or
connected with Grantee's use of the Premises;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Grantee; and
(d) leave the Premises in the condition which existed as of the Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct
Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee
shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed
by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement
Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement,
whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of
termination, or, if later, the date when Grantee's Improvements are removed and the Premises are restored to
the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon
any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until
the Premises are surrendered.
Form 106; Rev. 06/01/05
4
116
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or
attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized
to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by
Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure
of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 10 or
any other section of this Easement Agreement.
Section 11 Tax Exchange. Grantor reserves the right to assign this Easement Agreement to Apex
Property Track Exchange, Inc. "Apex Apex is a qualified intermediary within the meaning of Section 1031
of the Internal Revenue Code of 1986, as amended, and Treas. Reg. 1.1031(k) -1(g), for the purpose of
completing a tax deferred exchange under said Section 1031. Grantor shall bear all expenses associated with
the use of Apex, or necessary to qualify this transaction as a tax deferred exchange, and, except as otherwise
provided herein, shall protect, reimburse, indemnify and hold harmless Grantee from and against any and all
reasonable and necessary additional costs, expenses, including, attorneys fees, and liabilities which Grantee
may incur as a result of Grantor's use of Apex or the qualification of this transaction as a tax deferred
transaction pursuant to Section 1031. Grantee shall cooperate with Grantor with respect to this tax deferred
exchange, and upon Grantor's request, shall execute such documents as may be required to effect this tax
deferred exchange.
Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall
be delivered in the manner set forth in the UNDERPASS Agreement. Notices to Grantor under this Easement
shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2500 Lou Menk
Drive, Fort Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by
notice to Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached
hereto as Exhibit "B 1" (the "Memorandum of Easement subject to changes required, if any, to conform
such form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate
records in the county where the Premises are located. If a Memorandum of Easement is not executed by the
parties and recorded as described above within days of the Effective Date, Grantor shall have the right to
terminate this Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of the State of Washington without regard to
conflicts of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of
Grantee herein contained shall be the joint and several covenants and agreements of such parties. This
instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding
upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run
with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under
present or future Laws, such provision will be fully severable and this Easement Agreement will be construed
and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining
provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision
herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms
Form 106; Rev. 06/01/05
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117
to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
14.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee
with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other
agreements between the parties hereto relating to Grantee's use of the Premises as described herein.
However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to
defend and hold Grantor harmless in any prior written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
14.7 The terms of the UNDERPASS Agreement are incorporated herein as if fully set forth in this
instrument which terms shall be in full force and effect for purposes of this Easement even if the UNDERPASS
Agreement is, for whatever reason, no longer in effect.
[Signature page follows]
Form 106; Rev. 06/01/05
6
1 18
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
GRANTEE:
CITY OF TUKWILA,
a municipal corporation of the State of Washington
By:
Name:
Title:
Form 106; Rev. 06/01/05
7
1 19
EXHIBIT "A -1"
Premises
Exhibit "A -1"
120
EXHIBIT "B -1"
Memorandum of Easement
THIS MEMORANDUM OF EASEMENT is hereby executed this day of
20_, by and between BNSF RAILWAY COMPANY, a Delaware corporation "Grantor whose
address for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and the CITY
OF TUKWILA, a municipal corporation of the State of Washington "Grantee whose address for
purposes of this instrument is which terms "Grantor" and
"Grantee" shall include, wherever the context permits or requires, singular or plural, and the heirs, legal
representatives, successors and assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in King County, Washington
as described on Exhibit "A -1" attached hereto and incorporated herein by reference (the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
(the "Easement Agreement which set forth, among other things, the terms of an easement granted by
Grantor to Grantee over and across the Premises (the "Easement and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor
does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over and across
the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual. Provisions regulating the use and purposes to which the Easement shall
be limited, are set forth in detail in the Easement Agreement and Grantor and Grantee agree to abide by
the terms of the Easement Agreement.
All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated
herein by this reference for all purposes as though written out at length herein, and both the Easement
Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or
document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede
any of the provisions of the Easement Agreement and, to the extent there may be any conflict or
inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement
Agreement shall control.
[Signature page follows]
Exhibit "B -1"
121
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to
as of the date and year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
GRANTEE:
CITY OF. TUKWILA,
a municipal corporation of the State of Washington
By:
Name:
Title:
STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of 20 by
(name) as (title) of BNSF RAILWAY
COMPANY, a Delaware corporation.
Notary Public
(Seal)
My appointment expires:
STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of 20, by
(name) as (title) of the CITY OF TUKWILA,
a municipal corporation of the State of Washington.
Notary Public
(Seal)
My appointment expires:
Exhibit "B -1"
Form 0106 Rev. 06/01/05
122 4
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 the Strander Boulevard Underpass.
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 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:
0 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 haiiuless 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 the City of Tukwila and Railway's Manager Public Projects, telephone
number 206 625 -6146 at least thirty (30) calendar days before commencing any work on Railway Property.
Contractors notification to Railway, must refer to Railroad's file 929044V.
6 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
123
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 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 Railways 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 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.
1.03.03 The Contractor must abide by the following temporary clearances during construction:
15' 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:
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25' Horizontally from centerline of nearest track
23' -3 '/z" 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 City of Tukwila and must not be undertaken until approved in writing by
the Railway, and until the City of Tukwila 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 the City of Tukwila 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.
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 Railway's Resource Operations Center at 1(800) 832 -5452, 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.
1.05 Railway Flagger Services:
1.05.01 The Contractor must give Railway's Roadmaster (telephone 206 625 -6462) 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,
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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.
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 the City of Tukwila. 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 perfoinung 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 23 freight trains per 24 -hour period at a timetable speed of 50
MPH and 28 passenger trains at a timetable speed of 79 MPH.
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
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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 Railroad'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.
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 Railroad's
representative in charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi- visability 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 paranraoh. the web site will govern.)
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
RAILROAD'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)
e 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.
e 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
Form 0106 Rev. 06/01/05
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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.
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 BNSF's Field Engineering Representative (Ben Steinkamp 206 625- 6189). 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.
1.09 Personal Injury Reporting
s 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.
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NON 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 IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City /St 2. Date: Time:
County: 3. Temperature: 4. Weather
(if non Railway location)
5. Social Security
6. Name (last, first, mi)
7. Address: Street: City: St. Zip:
8. Date of Birth: and /or Age Gender:
(if available)
9. (a) Injury: (b) Body Part:
(i.e. (a) Laceration (b) Hand)
11. Description of Accident (To include location, action, result, etc.):
12. Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment
13. Dr. Name 30. Date:
14. Dr. Address:
Street: City: St: Zip:
15. Hospital Name:
16. Hospital Address:
Street: City: St: Zip:
17. Diagnosis:
FAX TO
RAILWAY AT (817) 352 -7595
AND COPY TO
RAILWAY ROADMASTER FAX
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130
EXHIBIT "C -1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BNSF RAILWAY COMPANY
Attention: Manager Public Projects
Railway File: 929044V
Agency Project: Strander Boulevard Underpass
Gentlemen:
The undersigned (hereinafter called, the "Contractor has entered into a contract (the "Contract dated
20 with the City of Tukwila for the performance of certain work in connection with the
Strander Boulevard Underpass project. Performance of such work will necessarily require contractor to enter BNSF
RAILWAY COMPANY "Railway right of way and property "Railway Property"). The Contract provides that
no work will be commenced within Railway Property until the Contractor employed in connection with said work
for the City of Tukwila (i) executes and delivers to Railway an Agreement in 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 Contract, has agreed and does hereby
agree with Railway as follows:
Section 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. 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.
Form 0106 Rev. 06/01/05
131
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.
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 Railroad to the fullest extent permitted by applicable law.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in
this Agreement survive any termination of this Agreement.
Section 2. TERM
This Agreement is effective from the date of the Contract 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.
Section 3. INSURANCE
Contractor must, 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 1998 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.
Waiver of subrogation in favor of and acceptable to Railroad.
Additional insured endorsement in favor of and acceptable to Railroad.
Separation of insureds.
The policy shall be primary and non contributing with respect to any insurance carried by
Railroad.
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 Railroad 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.
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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 Railroad.
Additional insured endorsement in favor or and acceptable to Railroad.
Separation of insureds.
The policy shall be primary and non contributing with respect to any insurance carried by
Railroad.
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 Railroad.
D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least
$2,000,000 per occurrence and $6,000,000 in the aggregate. The policy shall be issued on a standard ISO
form CG 00 35 10 93 and include the following:
Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93)
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 Railroad prior to performing any work or
services under this Agreement
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad
Protective Liability Insurance Policy available to contractor.
Other Requirements:
All policies (applying to coverage listed above) must not contain an exclusion for punitive
damages and certificates of insurance must reflect that no exclusion exists.
Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad.
In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation
against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation
endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation
against Railroad for loss of its owned or leased property or property under contractor's care, custody or control.
Contractor is not allowed to self insure without the prior written consent of Railroad. If granted by
Railroad, any deductible, self insured retention or other financial responsibility for claims must be covered directly
by contractor in lieu of insurance. Any and all Railroad 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 the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance
including an original signature of the authorized representative evidencing the required coverage, endorsements, and
amendments. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such
Form 0106 Rev. 06/01/05
133
policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non renewal, substitution or
material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from
Railroad, a certified duplicate original of any required policy must be furnished. Contractor should send the
certificate(s) to the following address:
BNSF Manager Public Projects
2454 Occidental Ave S Suite 2D
Seattle, WA 98134
Fax: 206 625 -6146
Any insurance policy must be written by a reputable insurance company acceptable to Railroad 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 provide.
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. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. Not
more frequently than once every five years, Railroad 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 must require that the
subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional
insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under
the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein.
Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate
this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a
waiver of contractor's obligations hereunder.
The fact that insurance (including, without limitation, self insurance) is obtained by contractor will not be
deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity
provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required
insurance coverage.
For purposes of this section, Railroad means `Burlington Northern Santa Fe Corporation `BNSF
RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each.
Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements and limitations
contained in the Contract, and the Contractor Requirements set forth on Exhibit "C" attached to the Contract 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.
Section 5. 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.
Form 0106 Rev. 06/01/05
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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 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. Damages for train delay are currently $676.27 per hour
per incident. 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 four (4) 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.
Kindly acknowledge receipt of this letter by signing and retuming to the Railway two original copies of this
letter, which, upon execution by Railway, will constitute an Agreement between us.
(Contractor) BNSF Railway Company
By: By:
Printed Name: Name:
Title: Manager Public Projects
Contact Person: Accepted and effective 20
Address:
City: State: Zip:
Fax:
Phone:
E -mail:
Form 0106 Rev. 06/01/05
135
136
Exhibit
[Insert Cost Estimates for Railroad Work here]
Form 0106 Rev. 06/01/05
137
Exhibit E
[Public Projects Manager's letterhead]
Date:
Mr./Ms.
Re: Final Approval of Plans and Specifications dated 20, drafted by
(hereinafter called, the "Plans and Specifications
Dear
This letter serves as BNSF RAILWAY COMPANY's ("BNSF") final written approval of the
Plans and Specifications covering the construction of the Strander Boulevard Underpass. This
final written approval is given to the City of Tukwila "Agency pursuant to Article III, Section
1 of that certain Underpass Agreement between BNSF and Agency, dated
20 If the Plans and Specifications are revised by Agency subsequent to the date set forth
above, this letter shall no longer serve as final written approval of the Plans and Specifications
and Agency must resubmit said Plans and Specifications to BNSF for final written approval.
Regards,
Manager Public Projects
Form 0106 Rev. 06/01/05
138
Exhibit F
Bridge Requirements
BRIDGE DESIGN, PLANS SPECIFICATIONS:
Bridge design calculations will be submitted to BNSF for review and approval. Design calculations will be
summarized on a cover sheet to state the design dead load, design live load and amount of impact and any secondary
loads considered. Bridge design by other than a BNSF pre- approved consultant will be subject to a third party
design check at the Agency's expense.
For railroad bridges and culverts over waterways, BNSF will be provided with the Hydrology and Hydraulic design
criteria, calculations and site specific data, including electronic data utilized in computer simulation modeling.
Design considerations should include future land use changes that would increase the volume, velocity or sediment
transport characteristics of the streambed flows. Design shall include sediment transport calculations and erosion
control mitigation measures if necessary.
Bridge plans will be submitted to BNSF for review and approval at the 30 60% and 90% stage of design. The
final set of plans must be approved by BNSF prior to letting of bids for the Project.
Prior to issuing any invitation to bid on construction of the Structure, the Agency should conduct a pre -bid meeting
where prospective Contractors have the opportunity to communicate with BNSF personnel as to the site specific
train speeds, train density, and general safety requirements for men and equipment working near live tracks. Any
invitation to bid and specifications for the Structure and the Project must be submitted to BNSF for review and
approval prior to letting of bids for the Project.
BRIDGE CONSTRUCTION:
After awarding the bid, but prior to the Contractor entering BNSF right of way, the Agency should conduct a pre
construction meeting with BNSF personnel in attendance to reiterate the safety requirements of construction activity
adjacent to live tracks.
During construction, BNSF will require an experienced Quality Control Inspector to be present during certain
critical times of the Project, including but not limited to: driving foundation piles, erecting falsework, construction
of shoring and retaining walls, placing concrete, placing soil backfill and compaction processes. Certain
components, normally produced off site, will require a QC inspector to be present, including the production of
precast concrete components and steel fabrication. The QC inspector will provide reports to BNSF including pile
driving records, concrete compressive test records, and other such reports requested by BNSF. QC Inspection
services can be provided by the Agency subject to acceptance by BNSF. If the QC services provided are not
acceptable, BNSF will provide an independent QC Inspection service to supplement the deficiencies. The Agency
shall reimburse BNSF for all costs of supplemental QC Inspection services.
Within 90 days of the conclusion of the Project and fmal acceptance by BNSF, the Agency will provide BNSF with
a complete electronic set of the bridge plans labeled "As Built Those plans will reflect any and all deviations from
the original plans that occurred during construction. The "As Built" plans will be submitted in Micro Station *.dgn
electronic format (preferred) or AutoCAD *.dwg format. Electronic plans are to be submitted in the original format
used for CAD plan preparation and not converted to another format prior to submission. The plans must show
dimensioned locations of existing and relocated utilities.
BRIDGE MAINTENANCE:
BNSF will be responsible for maintenance of the track and ballast over the bridge and the earth embankment
approaches. The Agency will be responsible for maintenance of the structural components of the bridge, including
deck waterproofing and paint.
Form 0106 Rev. 06/01/05
139
For bridges over roadways, the Agency will maintain the roadways under the bridge including signs, pedestrian
walkways, fences, drains, landscaping, earth retention components, embankment slopes, erosion control, surface
drainage, paint, walkways, handrails, lighting and other improvements associated with the Project. The Agency will
be responsible to post highway vertical clearance signs and maintain such signs to reflect potential future pavement
profile elevation changes. Clearance signs, traffic control signals or other signs should not be attached to a load
carrying member of the railroad bridge.
For railroad bridges over waterways, the Agency will be responsible for all aspects of channel maintenance across
BNSF's right -of -way, including toe of slope erosion control where the railroad embankment meets the streambed.
The Agency will be responsible for debris removal that may accumulate at bridge piers as well as silt removal, local
and general scour and remediation and streambed lateral migration and streambed degradation remediation.
Fencing and other trespass controls within BNSF's right -of -way and incorporated into the Project shall be designed
and maintained by the Agency. Graffiti removal will be the responsibility of the Agency.
BRIDGE INSPECTION:
BNSF will conduct annual routine structural inspections of railroad bridges over public roadways and waterways at
no cost to the Agency. The Agency shall provide traffic control under those bridges spanning roadways to enable
BNSF personnel or representatives to safely conduct the annual inspections. For routine annual inspections, BNSF
will give the public agency 7 days advance notice of traffic control requirements. In the event of an earthquake, fire,
flood, damage from vehicular impacts or other emergent situations, the Agency will provide traffic control in
roadways to allow immediate inspection by BNSF personnel or representatives. Traffic control will include lane
closures or other such measures to allow BNSF personnel, contractors and equipment to be safely positioned under
the superstructure.
Upon the conclusion of the BNSF inspection, the Agency will be notified of items in need of repair. If the Agency
does not complete the repairs requested by BNSF within a reasonable time period, BNSF personnel and/or
contractors will perform the repairs and invoice the Agency for the entire cost of such repairs. Regardless of the
nature or cause of such maintenance and repairs, traffic control will be provided by the Agency at no cost to BNSF
to allow safe access to the bridge.
Form 0106 Rev. 06/01/05
140
Transportation Committee Minutes February 22. 2010 Paae 2
Overview of the critical paths of work
Review of two utility conflicts, and attempt to resolve prior to start of project
Plans for public outreach (includes project website)
Staff has already met with Mall retailers and has another retail meeting scheduled for March 1. Committee
Member Seal commented that when in Olympia last week, Councilmembers provided project information to
state representatives. INFORMATION ONLY.
C. Tukwila Urban Center Access (Klickitat) Proiect Puget Sound Energy Relocation Agreement
Staff is seeking Council approval of a facility relocation agreement with Puget Sound Energy (PSE) in an
amount not to exceed $231,000 for the Tukwila Urban Center Access project.
Through work with the project's design consultant, HNTB, staff has identified two utility conflicts that
could significantly affect the project completion timeline. These conflicts, as identified below, will need to
be resolved prior to the beginning work on the construction wall adjacent to Strander Boulevard as well as
the roadway widening. Since these conflicts are located on utility easements, the relocation services are not
included in the City's franchise agreement with PSE.
1. Relocation of PSE switch cabinet that conflicts with wall construction
2. Relocation of a PSE vault that will cause uneven grading
The funding for this relocation will come from the project budget as outlined in the 2011 CIP.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
D. Strander Boulevard Extension Phase II: Interlocal Agreement with City of Renton. BNSF Agreement and
BNSF Assignment Agreement
Staff is seeking Council approval for three items related to the planning, design, land acquisition and
construction of Phase II of the SW 27 /Strander Boulevard Extension project between West Valley
Highway and Oakesdale Avenue South.
The City of Renton is in the process of extending the above roadway for vehicular traffic between the two
cities. Phase II includes a Burlington Northern Santa Fe (BNSF) bridge over a Strander Boulevard
undercrossing. Timely processing of agreements below is critical to the obligation of federal project funds.
Interlocal Agreement Between the Cities of Renton and Tukwila
The previous interlocal agreement between the cities has been terminated, as it dealt largely with the
relocation of existing railroad tracks. The new agreement will allow the City of Renton to construct
improvements, as related to the BNSF Bridge within the City of Tukwila's right -of -way. The new
agreement does not require funding from the City of Tukwila. UNANIMOUS APPROVAL. FORWARD
TO FEBRUARY 28 COW FOR DISCUSSION.
Underpass Agreement Between the City of Tukwila and BNSF
This agreement negotiated between the City of Tukwila and BNSF outlines the scope of work and
obligations related to the construction and eventual use of the Strander Boulevard Underpass. It also
includes an easement agreement as the underpass is located within Tukwila city limits. UNANIMOUS
APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
Assignment Agreement Between the Cities of Renton. Tukwila and the BNSF
The City of Tukwila has negotiated an agreement with BNSF for the construction and maintenance of the
Strander Boulevard Underpass (see above discussion). Tukwila desires to reassign this agreement to Renton,
and Renton agrees to accept the agreement's rights and responsibilities; additionally, BNSF is also in
agreement. Re- assignment of this agreement obligates Renton as the responsible party for all fees,
maintenance, construction and /or repairs associated with the bridge. As the project sponsor, the execution of
the assignment agreement is logical and represents best practices. UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
141
142
COUNCIL AGENDA SYNOPSIS
W 1LA -w
s Initials ITEM NO.
4 review Counizt review
r`" r Meeting Date Prepared b y P
0 p 1 Mayor's
9 02/28/11 1 BG I 1 (a
03/07/11 1 B I 1
908 1 I I l 1 3, H.
ITEM INFORMATION
I CAS NUMBER: 11-028 'STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 2/28/11
AGENDA ITEM TITLE Strander Boulevard Extension Phase II
Assignment Agreement with City of Tukwila, Renton BNSF Railway
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/28/11 Mtg Date 03/07/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Strander Blvd Extension Phase II will install a new BNSF bridge over a Strander Blvd
SUMMARY undercrossing that will tie into the new Sounder's Tukwila Longacres Station. This
Assignment Agreement is between the City of Tukwila, Renton, and BNSF Railway. The
Assignment Agreement assigns all rights and responsibilities of Tukwila executed in the
BNSF Underpass Agreement to the City of Renton.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte ►1 Transportation Crnte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA "I'E: 2/22/11 COMMIFI'EE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 29, 2011 CIP)
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
I 02/28/11
03/07/11
MTG. DATE ATTACHMENTS
02/28/11 Informational Memorandum dated 02/14/11 (revised after 2/22 TC)
Assignment Agreement
Minutes from the Transportation Committee meeting of 02/22/11
03/07/11
3 4 3—
144
4 41La q sy City of Tukwila
s, 1 Jim Haggerton, Mayor
n
1908 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: February 14, 2011 (revised 2/23/11)
SUBJECT: Strander Boulevard Extension Phase II
lnterlocal Agreement, Underpass Agreement Assignment Agreement
ISSUE
Approve Interlocal Agreement (ILA) and BNSF Assignment Agreement with the City of Renton and Burlington
Northern Santa Fe (BNSF) Railway Company.
BACKGROUND
The previous ILA with the City of Renton was terminated since it dealt primarily with the relocation of UPRR railroad
tracks to the east in order to be adjacent to the BNSF railroad tracks. Unfortunately, an agreement for track relocation
could not be reached with UPRR. The City of Renton successfully convinced Puget Sound Regional Council (PSRC)
and Freight Mobility Strategic Investment Board (FMSIB) that the underpass option was equal to or better than the
overpass option, since UPRR would not participate in a track relocation effort. The City of Renton still has $12 million
in state and federal funds that have to be obligated by early Spring 2011. To help accomplish this, the attached
agreements need to move forward immediately. BNSF is an active partner in the planning and design of this Phase H
of the Strander Boulevard Extension Project (Phase I completed the Strander Blvd roadway work in Renton).
DISCUSSION
The current project design for Phase II (Naches Avenue to Sound Transit Commuter Rail Station) is nearly
complete (see attached map). Phase II includes a new BNSF bridge over a Strander Boulevard undercrossing
comprised of a two lane roadway that will tie into the south end of the new Sound Transit Commuter Rail Station
(Tukwila Longacres Station). All of the new BNSF bridge over Strander Blvd will be within Tukwila city limits.
The new ILA will allow the City of Renton to construct the BNSF bridge and related improvements within the City of
Tukwila in Tukwila's right -of -way. The BNSF Assignment Agreement assigns all the rights and responsibilities of
Tukwila under the BNSF Underpass Agreement to the City of Renton.
RECOMMENDATION
The Council is being asked to approve the new Interlocal Agreement with the City of Renton, the Underpass
Agreement with BNSF, and the BNSF Assignment Agreement with the City of Renton and BNSF and consider this
item at the February 28, 2011 Committee of the Whole meeting and subsequent March 7, 2011 Regular Meeting.
Attachments: Figure 1— Phase II
Interlocal Agreement with the City of Renton
Underpass Agreement with BNSF
Assignment Agreement with City of Tukwila, Renton, and BNSF
14 5
W: \PW Eng \PROJECTS\A- RW RS Projects \98610403 Strander Extension \INFORMATION MEMO 2011 ILA_Assgnmt_BNSF Agrmt.doc
146
ASSIGNMENT AGREEMENT BETWEEN THE
CITY OF TUKWILA, THE CITY OF RENTON, AND BNSF
BNSF RAILROAD BRIDGE CONSTRUCTION AND MAINTENANCE
THIS ASSIGNMENT AGREEMENT "Agreement is made and entered into by and
between the City of Tukwila, a Washington municipal corporation "Tukwila" or "Assignor
and the City of Renton, a Washington municipal corporation "Renton" or "Assignee in
consideration of the mutual covenants herein contained and other good and valuable
consideration, the sufficiency of which is hereby acknowledged, witnesseth:
WHEREAS, the Renton is the Project Sponsor for the proposed Strander Blvd/SW 27` St.
Extension Project "Project and
WHEREAS, Tukwila and Renton have been collaborating and cooperating on the design and
construction of the Project; and
WHEREAS, the Project necessitates that a new railroad crossing at separated grades be
constructed "Strander Boulevard Underpass and
WHEREAS, the proposed Strander Boulevard Underpass will be located wholly within
Tukwila city limits; and
WHEREAS, Renton, as the Project Sponsor, requires, in order to maintain certain grant
funding for construction of the Project, that there be in place an agreement between the BNSF
Railway Company ("BNSF") and Tukwila for the construction and maintenance of the
Strander Boulevard Underpass "Underpass Agreement and
WHEREAS, Tukwila is a participant in and benefits from the design and construction of the
Strander Boulevard Underpass; and since the Strander Boulevard Underpass is within the
Tukwila city limits, Tukwila executed the Underpass Agreement with BNSF, attached hereto
as Exhibit A; and
WHEREAS Tukwila wishes to assign all of its rights and responsibilities under the Underpass
Agreement to Renton and Renton, as the Project Sponsor, agrees to accept assignment of the
Underpass Agreement from Tukwila;
NOW THEREFORE, in consideration of the terms and conditions set forth within the
Underpass Agreement, it is agreed to by and between Tukwila and Renton as follows:
1. Tukwila and Renton hereby agree that Tukwila shall assign all its right, title, and interest,
and delegate all its obligations responsibilities and duties, in and to the Underpass
Agreement, to Renton.
147
2. Renton hereby accepts the assignment of all of Tukwila's obligations responsibilities and
duties under the Underpass Agreement and all of Tukwila's right, title and interest in and
to the Underpass Agreement.
3. As of the date of execution of this Agreement, Tukwila shall have no further rights,
obligations, and liabilities of any kind whatsoever under the Underpass Agreement, and
the Underpass Agreement, including the terms, conditions, covenants, agreements and
exhibits contained therein, shall be binding only on Renton and BNSF.
4. Renton agrees to indemnify Tukwila from any and all claims, actions, judgments,
liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of
defense and damages, resulting from Renton's performance on or after the date of
execution of this Agreement.
5. Pursuant to the foregoing terms and conditions, BNSF hereby grants its consent to the
Assignment and represents and warrants that it shall not raise any claim against Tukwila
in connection with the breach, default, or non performance of the Underpass Agreement
by Renton on or after the date of execution of this Agreement.
6. This Agreement contains the entire understanding among the Parties hereto with respect
to the assignment of the BNSF agreement to Renton from Tukwila.
7. No changes, alterations, or modifications to this Agreement shall be effective unless made
in writing and signed by all Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed.
CITY OF TUKWILA CITY OF RENTON
Jim Haggerton, Mayor Denis Law, Mayor
Dated Dated
Attest/Authenticated: Attest/Authenticated:
Tukwila City Clerk Renton City Clerk
Approved as to Form: Approved as to Form:
ASSIGNMENT AGREEMENT Tukwila and Renton
Strander Blvd /SW 27th St BNSF
Page 2
148
Tukwila City Attorney Renton City Attorney
Agreed and Accepted by:
BNSF RAILWAY COMPANY
By:
Name:
Title:
ASSIGNMENT AGREEMENT Tukwila and Renton
Strander Blvd SW 27th St BNSF
Page 3
149
150
Transportation Committee Minutes February 22, 2010 Paae 2
O Overview of the critical paths of work
Review of two utility conflicts, and attempt to resolve prior to start of project
Plans for public outreach (includes project website)
Staff has already met with Mall retailers and has another retail meeting scheduled for March 1. Committee
Member Seal commented that when in Olympia last week, Councilmembers provided project information to
state representatives. INFORMATION ONLY.
C. Tukwila Urban Center Access (Klickitat) Proiect Puget Sound Enemy Relocation Agreement
Staff is seeking Council approval of a facility relocation agreement with Puget Sound Energy (PSE) in an
amount not to exceed $231,000 for the Tukwila Urban Center Access project.
Through work with the project's design consultant, HNTB, staff has identified two utility conflicts that
could significantly affect the project completion timeline. These conflicts, as identified below, will need to
be resolved prior to the beginning work on the construction wall adjacent to Strander Boulevard as well as
the roadway widening. Since these conflicts are located on utility easements, the relocation services are not
included in the City's franchise agreement with PSE.
1. Relocation of PSE switch cabinet that conflicts with wall construction
2. Relocation of a PSE vault that will cause uneven grading
The funding for this relocation will come from the project budget as outlined in the 2011 CIP.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
D. Strander Boulevard Extension Phase II: Interlocal Agreement with City of Renton. BNSF Agreement and
BNSF Assignment Agreement
Staff is seeking Council approval for three items related to the planning, design, land acquisition and
construction of Phase II of the SW 27 /Strander Boulevard Extension project between West Valley
Highway and Oakesdale Avenue South.
The City of Renton is in the process of extending the above roadway for vehicular traffic between the two
cities. Phase II includes a Burlington Northern Santa Fe (BNSF) bridge over a Strander Boulevard
undercrossing. Timely processing of agreements below is critical to the obligation of federal project funds.
Interlocal Agreement Between the Cities of Renton and Tukwila
The previous interlocal agreement between the cities has been terminated, as it dealt largely with the
relocation of existing railroad tracks. The new agreement will allow the City of Renton to construct
improvements, as related to the BNSF Bridge within the City of Tukwila's right -of -way. The new
agreement does not require funding from the City of Tukwila. UNANIMOUS APPROVAL. FORWARD
TO FEBRUARY 28 COW FOR DISCUSSION.
Underpass Agreement Between the City of Tukwila and BNSF
This agreement negotiated between the City of Tukwila and BNSF outlines the scope of work and
obligations related to the construction and eventual use of the Strander Boulevard Underpass. It also
includes an easement agreement as the underpass is located within Tukwila city limits. UNANIMOUS
APPROVAL. FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
Assignment Agreement Between the Cities of Renton. Tukwila and the BNSF
The City of Tukwila has negotiated an agreement with BNSF for the construction and maintenance of the
Strander Boulevard Underpass (see above discussion). Tukwila desires to reassign this agreement to Renton,
and Renton agrees to accept the agreement's rights and responsibilities; additionally, BNSF is also in
agreement. Re- assignment of this agreement obligates Renton as the responsible party for all fees,
maintenance, construction and/or repairs associated with the bridge. As the project sponsor, the execution of
the assignment agreement is logical and represents best practices. UNANIMOUS APPROVAL.
FORWARD TO FEBRUARY 28 COW FOR DISCUSSION.
151
4a9
Upcoming Meetings Events
FEBRUARY &"MARCH 2011
28th (Monday) 1st (Tuesday) 2nd (Wednesday) 3rd (Thursday) 4th (Friday) 5th (Saturday)
Community Southcenter Free Training Volunteer
Affairs Access Project Opportunity
Parks Cmte, Construction For property owners
and residents who 12:30 to 2:30 PM
5: 00 PM Overview Meeting Tukwila Panby—
(CR #3) 9:00 -10:00 AM have wetland and Riverton United
Doubletree Suites streams on their Methodist Church
16500 Southcenter property
Pkwy. For more G��''v' For more information
t
City Council information call: Call: 206 768 -2822
Committee of 206- 431 -2444
the Whole 6:00 PM
Equity
Mtg., Chamber of Council Chambers Diversity
7:00 PM
Commerce
(6200 Southcenter Commission,
(Council Gov't. B/vd.)
Chambers) Community Registration Required 5:15 PM
(CR #3)
Affairs Cmte. Call: 206 431 -3684
12:00 NOON or e-mail: bmilesta' i
(Chamber ci.tukwila.wa.us by Dr. Seuss Night
Office) February 18/P',
(RESCHEDULED Or_.
Utilities FROM 2/23/11)
Cmte, Celebrate Dr. Seuss'
5:00 PM birthday with
(CR #1) bouncers, arts and
crafts, food games!
Arts FREE FAMILY FUN!
Commission 6:00 to 8:00 PM
5:30 PM (Community Center)
(Community
Center)
7th'i:(MouBay) :8th':(Tuesday) ,9fFi'r(Wednesdav) 'll)th.(Thdrsday). 111th '(Friday) 12th4Saturdap)r„
Transportation Finance Council Coffee Chat
Cate, Safety Cmte, 10:00AM to
5:00 PM 5:00 PM 12:00 NOON
(CR #1) (CR #3)
Tukwila
Civil Service International
Cmte, Boulevard Stop by and informally
5:00 PM Action Cmte, talk with a Tukwila City
Councilmember about
(CR #3) 7:00 PM anything on your mind
(Community regarding Tukwila.
Center Friendz Cafe
City Council (12930 E. Margin/ Way)
Regular Mtg.,
7:00 PM Sunday, March 13
(Council (at 2:00 AM)
Chambers) Daylight Saving Time
Begins
Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Hinthorne at 206 -575 -1633.
➢City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206 433 -1844.
3 Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. Agenda items for 2/28/11 meeting: (A) A
resolution to request a special election. (B) Riverton Development Agreement. (C) Southcenter Plan Public Involvement Strategy. (D)
Parks and Recreation Event Calendar.
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206- 433 -1850.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for
>Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342.
Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670.
>Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 41.
>Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 433 -1812.
3 Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. Agenda items for 3/1/11 meeting: (A) 2011 Solid Waste and
Recycling Rates. (B) Solid Waste and Recycling Services Update.
1 53
Tentative Agenda Schedule
MONTH ME 1 ETING MEETING 2 MEETING 3 MEETING'4
REGULAR C. W REGU AR C.0 W
February 7 14 22 28
See agenda packet
cover sheet for this
week's agenda
(February 28 2011
Committee of the Whole
Meeting)
March 7 14 21 28
Suecial Presentation: Suecial Presentation: Suecial Issues:
Cascade Water State of the County North Highline
Alliance projects Presentation by Annexation Briefing
Online Records King County (Department of
Center Councilmember Connnuni
Julia Patterson Development)
Appointments:
Planning Commission An Ordinance to raise
New Business: the tax rate a lied to
Unfinished Business: Comprehensive Plan PP
Code social card rooms.
ode Amendments
amendment
(in public meeting
Update on MIC format)
Public Involvement
Strategy
A resolution for
emergency repairs
of Andover Park
West
Agreement for
Storm Water Lift
Station #15
Improvements
Agreement with
Puget Sound
Energy for Tukwila
Urban Center
Access Project
Interlocal
agreement for
Strander Boulevard
Extension Project
Underpass
Agreement with
BNSF for Strander
Boulevard
Extension Project
Assignment
Agreement with
BNSF for Strander
Boulevard
Extension Project
Tukwila Village—
next steps
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