HomeMy WebLinkAbout17-015 - Seattle City Light - Memorandum of Understanding for the South 144th Street Phase II17-015
Council Approval N/A
MEMORANDUM OF AGREEMENT
BY AND BETWEEN THE
CITY OF SEATTLE AND CITY OF TUKWILA
S 144th Street Phase II (Tukwila International Boulevard to 42nd Avenue S)
Underground Power Upgrade Project
This Memorandum of Agreement (the "Agreement") between the City of Seattle, by and
through its City Light Department ("City Light"), a municipal corporation located at 700 Fifth
Avenue, Suite 3200, PO Box 34023, Seattle, WA 98124, and the City of Tukwila, a municipal
corporation with its offices located at 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188,
(collectively the "Parties") sets forth the terms and work guidelines for the design and
construction of an underground electrical distribution system upgrade for S 144th Street Phase II
from Tukwila International Boulevard to 42nd Avenue S in Tukwila, Washington.
WHEREAS, the Tukwila City Council has authorized the S 144th Street Phase 11
improvement/transportation project ("Project") in an area with mixed zoning, both high and low
density residential; and
WHEREAS, City Light currently maintains and operates its utility infrastructure within the public
rights of way of Tukwila under a franchise grant given to City Light pursuant to City of Tukwila
Ordinance No. 2012, dated January 21, 2003("Franchise"); and
WHEREAS, City Light acknowledges and agrees that the terms and conditions of the Franchise
govern City Light activities within the Public Rights -of -Way of Tukwila; and
WHEREAS, City Light acknowledges that Tukwila has given notice to City Light of the Project;
and
WHEREAS, City Light desires to upgrade the power transmission capacity in the Project corridor;
and
WHEREAS, the Parties recognize that certain efficiencies and cost savings can be achieved by
having Tukwila manage the work for the street improvements/transportation project and the civil
work for the upgraded facilities for City Light's electrical facilities through a single general
contractor; and
WHEREAS, City Light and Tukwila intend for this Agreement to provide a process for
cooperation and coordination in the design, estimating, scheduling, construction of through
completion, and payment for, the electrical facilities undergrounding work in an efficient and cost
effective manner.
NOW THEREFORE, in consideration of the mutual benefits to be provided the Parties through
this Agreement, it is hereby agreed as follows:
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City of Tukwila — S 144th Street Phase II UG
Page 1 of 12
REVISED: 12-13-16
AGREEMENT
Section 1. General Principles
1.1 Order of _Precedence: This Agreement is intended to establish procedures and work
guidelines for the upgrade of certain City Light utility infrastructure necessitated by
Tukwila' s S 144th Street Phase II street improvement/transportation project from Tukwila
International Blvd. to 42nd Avenue S. In the event that any provision of this Agreement
conflicts with a term, condition or provision of the Franchise, the Agreement will govern
to the extent necessary to resolve the conflict.
1.2 Scope of Project: Tukwila has contracted with KPG, Inc. "Consultant" to design street
improvements on S 144th Street from Tukwila International Blvd to 42nd Avenue S (the
"Project ") that will include roadway widening /improvements to accommodate new
sidewalks, bicycle lanes, turning lanes, retaining walls, drainage improvements, street
lighting, traffic control and signalization devices and other associated work. Consultant
will also prepare the infrastructure design Civil Infrastructure Plans, Specifications and
Estimates for the Civil Infrastructure required to accommodate City Light facility
upgrades.
1.3 Cooperation: City Light and Tukwila agree to work together cooperatively in the process
of design, estimating, scheduling and construction to bring the Work described in this
agreement to completion in an efficient and timely manner.
1.4 Notice to Contractors: Tukwila understands that upgrades to an electrical distribution
system along a busy and highly developed urban highways and streets, as exist in the
Project Area, is a complex process. A certain amount of field engineering is normal with a
corresponding need to adjust design, schedules and costs. Tukwila agrees to inform the
bidders of these considerations. Tukwila and City Light will coordinate and cooperate to
avoid unnecessary delays in the review and approval of change orders related to the Work
made necessary to adjust design, schedules and costs, and in furtherance thereof, will agree
upon a process and time frame for review and approval of changes orders submitted by the
contractor, Tukwila or City light. Notwithstanding any provision in this Agreement, the
Franchise, PS &E or the City Light Civil Infrastructure Engineering Guidelines, City Light
will have no independent authority to give direction to, or exercise control over, any of the
City's contractors or subcontractors, or their agents or employees, or to independently
approve changes orders, issue field directives, or alter approved Civil Infrastructure Plans
and Specifications.
1.5 Delay: Tukwila and City Light will work cooperatively to bring the Work to completion
on schedule and within budget and to avoid disruption or delay to the City's contractor and
its subcontractors. The Parties will be responsive to schedule and cost concerns and will
commit sufficient resources to support the Work and will work cooperatively to resolve
any unanticipated design and construction issues related to the Work as they may develop.
City of Tukwila — S 140 Street Phase II UG
Page 2 of 12
1.5 Civil Infrastructure: Tukwila will include the Civil Infrastructure (as defined in Section 2)
as a separate Schedule to its construction bid documents, a copy of which is attached hereto
as Exhibit A, schedule B. Tukwila will construct all City Light Civil Infrastructure. City
Light will perform the installation of its electrical facilities and equipment. (See also
Section 6 Construction.)
1.7 Hard Surface Removal and Restoration Costs: Hard surface removal and restoration within
City Light trenching and vault excavation limits of Schedule B work shall be Tukwila's
responsibility. A hard surface similar to existing conditions within said construction limits
will be required until such time that repaving, resurfacing and installing new sidewalks as
a component of the overall Project improvements is to occur. City Light shall promptly
notify Tukwila if City Light discovers a need for hard surface removal and restoration
outside the limits of Schedule B work area, so that appropriate change orders to the Project
contract can be made to complete such work.
Section 2. Definitions
The following terms are defined here as they are used in this Agreement:
"Bid Documents ": Engineering design plans including those for Civil Infrastructure PS &E
(definition stated below), Project specifications, bidder's forms and certificates, bid
contract documents, any required contract provisions for Federal -Aid construction
contracts, and unit price bid schedules for Schedules A and B.
"City Light Civil Infrastructure Engineering Guidelines ": The most current engineering
guidelines, construction guidelines, materials standards, and engineering operations and
practices adopted by SCL that govern the design, location, alignment, depth, materials, and
engineering specifications determined by SCL in its sole discretion that apply to Civil
Infrastructure associated with the Underground Electrical System.
"Civil Infrastructure ": Underground infrastructure necessary to contain and facilitate City
Light's Underground Electrical System, including but not limited to conduit, ducts, duct
banks, vaults, handholds, casing, and other non - energized electrical facilities. Civil
infrastructure does not include the Underground Electrical System.
"Civil Infrastructure Plans, Specifications, and Estimates or Civil Infrastructure (PS &E) ":
Engineering design plans that include Civil Infrastructure work, Washington State
Department of Transportation and Seattle City Light Standard Specifications and Details,
and construction cost estimates.
"Consultant ": The City of Tukwila's consultant; KPG, Inc.
"Contractor ": Selected contractor from bidding process. Selected contractor is responsible
for all subcontracted work.
"Electrical Work ": The installation of the Underground Electrical System within the
completed Civil Infrastructure following Operational Acceptance by City Light.
City of Tukwila — S 144th Street Phase II UG
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"Engineer ": The City of Tukwila's designated representative directly supervising the
administration of the construction contract.
"Field Directive Change(s) ": Design changes to agreed -upon "Work" as the result of field
conditions.
"Final Acceptance ": The determination by City Light after all Schedule B work has been
completed, including having all vault and hand hold lids brought to grade and completion
of all punch list work related to the Civil Infrastructure, that the Civil Infrastructure is in
conformance with the approved plans and specifications for the Project. Final Acceptance
shall also be dependent upon the receipt and approval of as -built drawings for the Civil
Infrastructure by City Light. Final Acceptance shall be in the form of a letter to Tukwila's
City Engineer or other designated representative.
"Operational Acceptance ": The determination by City Light that the Civil Infrastructure is
in material and substantial conformance with the approved plans and specifications for the
Project and is ready for installation of the Underground Electrical System by City Light.
"Primary Project Costs ": All costs associated with Project for providing the path for the
utility infrastructure, including, but not limited to design, project management and
construction management, trench and vault excavation, and repaving, resurfacing,
installation and restoration of hard surfaces.
"Project ": The design and construction of street/transportation improvements on S 144th
Street between Tukwila International Boulevard and 42nd Avenue S in Tukwila,
Washington being performed by the City of Tukwila.
"Project Management Costs ": Labor time, equipment and materials costs internal to each
party directly related to management of Public Projects.
"Schedule B Work ": The work to be performed that is included in Schedule B to this
Agreement, also referred to as the Civil Infrastructure work.
"Substantial Completion ": The date the Engineer determines SCL has full and
unrestricted use and benefit of the facilities, both from an operational and safety
standpoint, and only minor incidental Work, replacement of temporary substitute
facilities, or correction or repair remains for the physical completion of the contract.
Final acceptance will be given after all work is completed in the right of way.
"Underground Electrical System ": The underground electrical distribution system and
underground service lines, including but not limited to cables, connections, terminations,
transformers, switches, and associated components.
"Underground Relocation and Installation Project ": The design, construction and
installation of the Underground Electrical System within the SCL reconstruction Area.
City of Tukwila — S 144`h Street Phase II UG
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"Work ": The work to be performed under this Agreement, including the Civil
Infrastructure Work, the Electrical Work, and energizing of the Underground Electrical
System.
Section 3. Design Development and Review Process
3.1 City Light will, in accordance with Section 3.4 of this Agreement, provide Tukwila and
the Consultant with the City Light Civil Infrastructure Engineering Guidelines which
Tukwila and the Consultant will use to prepare and complete the Civil Infrastructure PS &E.
Tukwila shall provide the basic layout of the Civil Infrastructure, including conduit and
vault layout, conduit duct details, vault and hand hole details, and engineering
specifications for the material in accordance with City Light Civil Infrastructure
Engineering Guidelines. City Light will make its staff reasonably available to Tukwila and
the Consultant to facilitate the completion of the Civil Infrastructure PS &E.
3.2 Tukwila shall include design of the Civil Infrastructure PS &E as part of the Project PS &E.
City Light shall reimburse Tukwila for the engineering costs to design the Civil
Infrastructure PS &E. The Consultant will coordinate with a designated City Light staff
person to insure that the Civil Infrastructure PS &E incorporates appropriate specifications
and detail that conform to City Light Civil Infrastructure Engineering Guidelines. City
Light will be responsible for the detailed electric design of the Underground Electrical
System and any design work necessary to complete the Aerial Infrastructure Removal
Project.
3.3 The Civil Infrastructure PS &E must meet City Light Civil Infrastructure Engineering
Guidelines, using materials in accordance with City Light material standards included
therein. City Light shall provide Tukwila with the Civil Infrastructure Engineering
Guidelines within 30 working days written notice to City Light that Tukwila is
commencing design.
3.5 Format: Submittals shall be transmitted in hard copy three half -size sets, digital forms in
CADD and direct plot- to -PDF formats. Electronic files shall be in accordance with City
Light's CADD (Computer Aided Design/Drafting) standards and compatible with AutoCAD
2014 unless otherwise agreed to by City Light and shall include clarifications from the Design
Engineer to City Light.
Section 4. Cost Estimates, Contractor Selection & Construction Schedule
4.1 Estimates: Tukwila shall have primary responsibility for developing cost estimates for
construction and completion of the Civil Infrastructure work. Tukwila and City Light shall
consult each other and achieve a consensus regarding the cost estimates.
4.2 Bid Process:
4.2.1. Tukwila agrees to allow 5 working days for City Light to review submitted bid
tabulations.
City of Tukwila — S 144th Street Phase II UG
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4.2.2. The Civil Infrastructure work will be advertised as Schedule B and will be included
in the basis for award. Tukwila will include in the bid documents a requirement for
the bidders to provide an itemized unit cost breakdown schedule for the Civil
Infrastructure work. Following the opening of bids, Tukwila will provide City Light
with the bid tabulations for review. City Light may accept or reject Schedule B in
its entirety. City Light will provide its decision to accept or reject the contractor's
bid to Tukwila within five (5) working days of receipt of the bid tabulations. If City
Light rejects Schedule B, all Work associated with Schedule B will be removed
from the Project.
4.3 Construction Schedule:
4.3.1. Pre - Construction Conference: Promptly following the execution of the civil
construction contract between Tukwila and its Contractor, a pre - construction
conference shall be scheduled involving all participants in the Project to review the
design, coordination requirements, work sequencing and related requirements. City
Light will provide input during this discussion regarding key milestones for Civil
Infrastructure.
4.3.2. Schedules and Updates: The construction contract with Tukwila's Contractor shall
require contractor to submit a preliminary progress schedule, weekly look -ahead
schedules.
4.3.2.1 During construction of the Schedule B Work, Tukwila and the Contractor
will hold weekly construction meetings at the City or on -site. To obtain
the most recent and/or first -hand information on the construction
progress of the Schedule B Work, City Light will attend such meetings.
The time and locations of said meetings will be determined at the Pre -
Construction Conference.
4.3.3. Civil Infrastructure: Upon Substantial Completion of the Civil Infrastructure,
Tukwila shall give written notice to City Light of such Substantial Completion.
City Light will, within ten (10) working days of receipt of such notice, commence
an inspection of the Civil Infrastructure for compliance with the approved plans
and specifications, and any approved amendments thereto. If City Light
determines that the Civil Infrastructure is in material and substantial conformance
with the approved plans and specifications, and is ready for installation of the
Underground Electrical System, City Light shall give its written Operational
Acceptance of the same. If City Light rejects the Civil Infrastructure, or any part
thereof, it shall provide a written punch list to Tukwila, including an explanation
of the reasons for its disapproval and the necessary corrections. Tukwila will
cause its contractor to correct the problem as soon as practicable after receipt of
such notice. The foregoing procedure will be repeated until City Light has given
full Operational Acceptance of the Civil Infrastructure. Tukwila shall require the
contactor to be responsible for protecting the Civil Infrastructure inside the
Project limits until Final Acceptance is given by City Light.
City of Tukwila — S 144th Street Phase II UG
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4.3.4. Underground Installation Project: City Light will complete and energize the
Upgraded Transmission Project within 30 working days of its written Operational
Acceptance of the Civil Infrastructure.
4.4 Design Revisions: Tukwila will immediately notify in writing the City Light inspector,
as well as City Light's project manager, of any potential design revisions affecting the
Civil Infrastructure and ensure that City Light reviews and approves those design
revisions.
4.5 City Light project manager will immediately notify in writing Tukwila of any requests
for change orders affecting the Civil Infrastructure work and ensure that Tukwila reviews
and approves those change orders.
4.6 Each party agrees to review and respond to design revisions and/or change order
submittals within five (5) working days unless additional information is required to make
a determination of the effect on City Light facilities and services or Tukwila's street
improvements.
4.7 Tukwila and City Light agree that although the Tukwila construction inspector is not
responsible for primary inspection of City Light facilities, both Tukwila's and City
Light's inspectors and their project managers will work cooperatively to bring the Work
to completion on schedule and within budget.
4.8 In the event of an inspection or quality disagreement, the Tukwila Public Works Director
and City Light's South Distribution Design Manager or Designated Representative, or
such person subsequently designated by City Light will be notified immediately for
resolution. Resolution of disagreement shall be documented in written form (letter,
memo, email) between Tukwila and City Light.
4.9 Contractor Delay; Disruption: Delays in completion of the Civil Infrastructure, caused by
Tukwila, the Consultant, or the Contractor, may cause City Light to redirect its crew
resources to other tasks, and City Light crew resources may not be immediately able to
return, which may impact the Work or the Project Schedule. City Light shall immediately
notify Tukwila's City Engineer, if City Light crews are removed from the Work, and shall
return City Light crew resources to complete the Work as soon as is reasonably possible.
4. 10 Force Majeure: Tukwila agrees that City Light's performance of its obligations under this
Agreement shall be excused to the extent that such delay is the direct result of a "Force
Majeure Event" such as a storm, earthquake, or other unforeseen event beyond the control
of City Light, which necessitates the mobilization of City Light resources to restore utility
service to its customers. City Light agrees to promptly notify the Tukwila City Engineer
if and when City Light crews are to be removed from the Project and Work and both parties
agree to use all commercially reasonable efforts to eliminate or minimize any delay caused
by a Force Majeure Event. Performance of any obligation affected by Force Majeure Event
shall be resumed as soon as reasonably possible after the termination or abatement of the
Force Majeure Event.
City of Tukwila — S 144th Street Phase II UG
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Section 5. Staffing
Primary project contacts will be as follows as of execution of this
Agreement:
City of Tukwila
Cyndy Knighton
Sr. Program Manager
6300 Southcenter Blvd, Ste 100
Tukwila, WA 98188
(206) 431 -2450
Section 6. Construction
City Light
Joe Hampton
Sr. Project Manager
PO Box 34023
Seattle, WA 98124
(206) 684 -5046
6.1 Civil Infrastructure: Tukwila will construct the Civil Infrastructure in accordance with the
plans and specifications, and any revisions thereto, approved by City Light and as
otherwise provided herein.
6.2 Inspection:
6.2.1 Tukwila agrees that the construction contract with the Contractor employed by
Tukwila will require Contractors compliance with City Light requirements
applicable pursuant to this Agreement and with the plans and specifications approved
by City Light; provided however, that under no circumstance shall City Light or its
employees, agents or contractors be responsible for or authorized to give direction
to or direct work by the Contractor.
6.2.2 City Light shall be responsible for inspecting the Civil Infrastructure throughout the
progress of the work performed by Tukwila's Contractor, to ensure that the Civil
Infrastructure conforms to the approved plans and specifications and any
amendments thereto and any other City Light standards made applicable pursuant to
this Agreement. However, the foregoing shall in no way diminish the responsibility
of Tukwila and Tukwila's Contractor or subcontractors to construct the Civil
Infrastructure in accordance with the approved plans and specifications and any
amendments thereto, as well as any other City Light standards made applicable
pursuant to this Agreement. City Light agrees to provide sufficient staffing and
resources to adequately and timely inspect the progress of work so as to conform to
the work plan as updated at the weekly construction meetings as provided for in
Section 4.3.2.1. City Light further agrees that the City Light Project Manager or
designee will regularly attend the weekly construction meetings for the Project. In
the event that City Light inspectors identify work or materials that are not in
accordance with the approved plans and specifications, City Light shall immediately
notify the Tukwila Construction Engineer and provide a detailed description of the
non - conformance or defect in work or materials. Except in cases of a Force Majeure
Event as defined in Section 4.10, any work not adequately and timely inspected by
City Light will be considered to be accepted, provided that the work is in accordance
with the work plan established in the weekly construction meeting.
City of Tukwila — S 144th Street Phase II UG
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6.3 Field Directive Change(s): Each party agrees to immediately notify the other party in
writing of any potential field design revisions and /or changes affecting the other's facilities.
All changes to the approved plans and specifications, and amendments thereto, that involve
work related to the Underground Electrical System and/or Civil Infrastructure require
notification and approval by and acknowledgement of both Parties. If consensus cannot be
found see section 4.8 for resolution.
6.4 Operational Acceptance. Tukwila's City Engineer or designated representative will be
notified by City Light in writing of Operational Acceptance, with any exceptions, before
City Light will commence installation of the Upgraded Electrical System. Once City Light
issues Operational Acceptance for the Civil Infrastructure, City Light will then commence
placement of cable along with the cutover of existing services. Tukwila and its Contractor
will maintain physical ownership of the Civil Infrastructure and will repair or replace any
damaged structure at their expense, unless such damage was caused by City Light or its
contractors or subcontractors. The Contractor or its Subcontractor will continue to
complete the duct bank punch list and both Tukwila's Engineer and the City Light
Inspector will continue to verify that the open items are being completed. In accordance
with Section 4.3.3 of this Agreement, City Light will assume ownership and control of,
and liability for, the Civil Infrastructure after Final Acceptance.
6.5 Civil Infrastructure Final Acceptance. Once the duct bank is 100% complete and all vault
and handhole lids brought to grade, a final walk through will be scheduled by Tukwila with
the City Light inspector and with Tukwila' s Engineer and Contractor. After all punch list
items are completed and as -built drawings have been submitted to and accepted by City
Light, City Light will provide a letter of Final Acceptance of Schedule Work to Tukwila' s
Engineer. Tukwila's Engineer or designee will notify the Contractor that the Schedule
Work has been completed and Tukwila has received Final Acceptance from City Light.
6.6 Environmental Site Conditions. In the event that the Contractor in performing the Civil
Infrastructure work discovers any materials that require special removal, treatment,
handling, transport and/or disposal under any Local, state or federal laws or regulations
(including, but not limited to hazardous materials, hazardous waste, dangerous waste, toxic
waste or contaminated soil or groundwater), the costs for removal, treatment, handling,
transporting and disposal of such materials shall not be part of the Civil Infrastructure
Costs, and shall be the responsibility of Tukwila. Any costs related to removal, treatment,
handling, transport and/or disposal of hazardous materials, hazardous waste, dangerous
waste, toxic waste or contaminated soil or groundwater existing outside of the actual neat
line excavation of the Civil Infrastructure as depicted in the approved plans for such work
shall not be part of the Civil Infrastructure Costs and shall be the responsibility of Tukwila.
However, City Light and Tukwila shall retain all rights they may have under applicable
state and federal laws to recover costs that either may incur related to the existence of such
hazardous materials, hazardous, dangerous or toxic wastes, or contaminated soil or
groundwater from any and all parties that may be responsible for such materials, wastes,
or contamination discovered or uncovered during construction of the Civil Infrastructure.
City of Tukwila — S 144th Street Phase II UG
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Section 7. Financial
7.1. Allocation of Project Cost:
7.1.1. City of Tukwila shall pay for 100% of the Primary Project Cost and 100% of the
restoration costs. The City of Tukwila shall have no responsibility for the Civil
Infrastructure project costs.
7.1.2. SCL shall reimburse the City of Tukwila for 100% of the Civil Infrastructure
project costs, including design and construction costs. SCL shall have no
responsibility for Primary Project Costs or restoration costs.
7.1.3. SCL will pay 100% SCL Project Management Costs Tukwila will pay 100%
Tukwila Project Management Costs.
7.2. Costs for Work: The estimated cost for the Work related to this Agreement, as described
in Schedule B is $234,630.03 ( "Estimated Costs "). The cost for the Work related to this
Agreement for the Civil Infrastructure Design is $29,563.90. City Light will reimburse
Tukwila for 100% of the Civil Infrastructure as listed in Schedule B. City Light shall
reimburse Tukwila 6% of bid items 2, 6, 7, and 8 on Schedule A, and a percentage of the
Construction Management costs, which shall be calculated as 15% of Schedule B plus
change orders to Schedule B to pay for the percentage of work done under Schedule A
for the benefit of Schedule B work. The estimated costs for the Work related to this
Agreement for the Schedule A bid items 2, 6, 7 and 8 on Schedule A is $1,200, $60,
$12,000, and $9,000 respectively. The estimated costs for the Work related to this
Agreement for the percentage of Construction Management Costs is $35,194.50. The
actual costs charged to City Light will be determined based on itemized consultant
invoices and payment requests from the General Contractor for actual work performed or
completed. Tukwila will invoice City Light per section 7.3 below. The Estimated Civil
Costs are based on the low bid received by the City of Tukwila in January 2017 and is
subject to change based upon final bid review, award of all relevant Project work and
change orders approved in advance by SCL.
7.3 Reimbursement of Civil Infrastructure Costs: Tukwila will submit detailed itemized
monthly invoices with backup documentation, which shall include relevant invoices and
payment requests, for Project costs to City Light. Tukwila's invoices shall be sent to:
Seattle City Light Accounts Payable, ATTN: Joe Hampton, LPM
700 5th Ave Suite 3300
PO Box 34023
Seattle, WA 98124 -4023
7.4 City Light will process the monthly invoice and issue a check payable to Tukwila within
sixty (60) calendar days of receiving the request.
7.5 Maximum SCL Project Cost. The Parties agree that SCL's total cost responsibility for the
Project shall be limited to a maximum of the Civil Infrastructure Design Costs plus
City of Tukwila — S 144th Street Phase II UG
Page 10 of 12
construction costs described in Section 7.2 above plus Schedule B plus change orders for
work specific to the Civil Infrastructure and approved in advance by SCL, if any.
( "Maximum SCL Project Cost "). Tukwila agrees to release and indemnify SCL from and
against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages,
and liability of any kind or character (collectively, "Claims ") arising out of, related to, or
in connection with any and all costs of the Project that exceed the Maximum SCL Project
Cost, including but not limited to delay and cost overrun claims by the Contractor;
however, the City shall not be required to release and indemnify SCL for costs in
exceedance of the Maximum SCL Project Cost to the extent such exceedance is caused by
SCL's negligence or delay. SCL agrees to release and indemnify Tukwila from and against
any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages, and
liability of any kind or character (collectively, "Claims ") arising out of, related to, or in
connection with any and all costs of the Civil Infrastructure that exceed the Maximum SCL
Project Cost to the extent such exceedance is caused by SCL's negligence or delay.
Section 8. Indemnification and Hold Harmless
8.1 Notwithstanding the expiration or early termination of this Agreement, and to the extent
authorized by law, Tukwila releases and shall defend, indemnify and hold City Light
harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including,
but not limited to reasonable attorney fees) caused by or arising out of any negligent act or
omission or willful misconduct of Tukwila, its employees, contractors or subcontractors in
their performance under this Agreement. During the performance of such activities,
Tukwila's employees or contractors shall at all times remain employees or contractors,
respectively, of Tukwila.
8.2 Notwithstanding the expiration or early termination of this Agreement, and to the extent
authorized by law, City Light releases and shall defend, indemnify and hold Tukwila
harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including,
but not limited to reasonable attorney fees) caused by or arising out of any negligent act or
omission or willful misconduct of City Light, its employees, contractors or subcontractors
in its performance under this Agreement. During the performance of such activities, City
Light's employees or contractors shall at all times remain employees or contractors,
respectively, of City Light.
8.3 Title 51 RCW. Solely with respect to claims for indemnification arising out of City Light's
Upgraded Transmission Project, Tukwila and City Light waive, as to each other only, and
expressly not for the benefit of their employees or third parties, their immunity under Title
51 RCW, the Industrial Insurance Act, and acknowledges that this waiver has been
mutually negotiated by the Parties. Tukwila and City Light agree that their respective
indemnity obligations extend to any claim, demand, or cause of action brought by, or on
behalf of, any of their respective employees or agents.
8.4 No liability shall attach to either party by reason of entering into this Agreement except as
expressly provided herein.
City of Tukwila — S 144th Street Phase II UG
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Section 9. Insurance
9.1 Tukwila shall require its Contractor to:
9.1.1. Maintain Commercial General Liability (CGL) insurance in force at all times
during the performance of work under this Agreement.
9.1.2. Include both the City of Tukwila and the City of Seattle as additional insured for
primary and noncontributory limits of liability for the full valid and collectible
limits of liability maintained by the Contractor, whether such limits are primary,
excess, contingent, or otherwise; as respects CGL insurance, such additional
insured status shall be provided under the ISO CG 20 26 07 04 endorsement or
equivalent (e.g. a combination of forms CG 20 10 07 04 and CG 20 37 07 04) or
substitute endorsements or policy language providing at least as broad coverage;
that shall provide coverage for the date of occurrence rather than the date of claim.
9.1.3. Furnish certification of insurance evidencing compliance with the provisions of this
Section to City Light via email at riskmanagement@seattle.gov or fax to (206) 470-
1279.
Section 10. Third Party Beneficiary and Warranties
10.1 Tukwila shall include City Light as an intended third party beneficiary in Tukwila's
contract(s) with its Contractor(s) and subcontractors with respect to the Work, and will
accordingly include City Light in the indemnification provisions contained in Tukwila's
contract(s). Tukwila and City Light do not intend that this paragraph be interpreted to
create any obligation, liability, or benefit to any party, other than Tukwila and City Light
for purposes of design and construction of the Civil Infrastructure as defined in this
Agreement.
Section 11. Ownership of Facilities
Upon completion of the Civil Infrastructure work and upon City Light' s Final Acceptance
pursuant to this Agreement, and except as otherwise stated in the Franchise or in
subsequent agreements, City Light shall own, operate, and maintain the Civil Infrastructure
and Underground Electrical System installed or provided pursuant to this Agreement.
EXECUTED, this the
CITY i 14kwa
day of
A an berg, Mayo
City of Tukwila
a rr u` , 2017
SE LE CITY LIGHT
4A k
Larry eis
Seattle City Light
General Manager & CEO
City of Tukwila — S 140 Street Phase II UG
Page 12 of 12
REVISED: 12-13-16
Bid Tab: S 144th Street Phase
1 Marshbank Construction, Inc.
Bid Item Quantity Unit Unit Price Total Cost
Noo. . - -
SCHEDULE A ROADWAY IMPROVEMENTS
IIROADWAY _ !
$ 25,000.00
$ 20,000.00
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$ 550.00
$ 310.00
$ 8,550.00
1 $ 21,400.00
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Roadway Surveying
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Type B Progress Schedule
Mobilization
Project Temporary Traffic Control
Clearing and Grubbing
Removal of Structure and Obstruction
Roadway Excavation Incl. Haul
Unsuitable Foundation Excavation Incl. Haul
Gravel Borrow Incl. Haul
Crushed Surfacing Base Course
HMA CI 1/2" PG 64 -22
HMA CI 1/2" PG 64 -22 for Overlay
Planing Bituminous Pavement
Cement Conc. Pavement
Decorative Stamped Finish
Concrete Steps
Cast -in -Place Wall
!Modular Block Wall
'Erosion Control and Water Pollution Prevention
'Cement Conc. Traffic Curb and Gutter
'Cement Conc. Gutter
'Roundabout Cement Concrete Curb and Gutter
'Extruded Curb Type 6
Cement Conc. Driveway Entrance Type 1
'Cement Conc. Driveway Entrance Type 2
'Cement Conc. Driveway Entrance Type 3
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$ 800.00 II
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$ 75,150.00
$ 11,700.00
$ 10,400.001
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$ 107,582.00
DRAINAGE 11
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Cement Conc. Sidewalk
Thickened Edge Sidewalk
Cement Conc. Curb Ramp Type Perpendicular A
Cement Conc. Curb Ramp Type Perpendicular B
Cement Conc. Curb Ramp Type Parallel A
Detectable Warning Surface
(Shoring or Extra Excavation Cl. B -
Gravel Backfill Incl. Haul for Storm Trench
Ductile Iron Storm Sewer Pipe 12 In. Diam.
1Solid Wall PVC Storm Sewer Pipe 18 In. Diam.
Solid Wall PVC Storm Sewer Pipe 12 In. Diam.
'Storm Drainage Television Inspection
1Concrete Inlet
'Catch Basin Type 1
'Catch Basin Type 1L
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1Connect to Existing Drainage Structure
1Connect Drainage Structure to Existing Pipe
Stormwater Treament Vault, 4' x 8' - -
1Stormwater Treatment Vault, 4' x 13' - -- -
Ductile Iron Pipe for Water Main 4 In. Diam. -
1Adjust Water Valve - --
'Relocate FDC, PIV and associated appurtenances
'Adjust Water Meter Box
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Bid Tab: S 144th Street Phase
1 Marshbank Construction, Inc.
$ 2,700.001
$ 3,400.001
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ILLUMINATION AND SIGNAL SYSTEMS
$ 191,000.00 11
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$ 1,900.001
$ 232.00
$ 1,520.00'
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Bid Item Item
No.
Service Connection _1 In. Diam_
Relocate Water Meter, Setter and Box
Adjust Sewer Manhole
Illumination System, Complete
Traffic Signal System, Complete (S 144th St and 42nd Ave S)
Signal Loop Modifications, Complete (Tukwila Intl Blvd & S 144th St)
Rectangular Rapid Flashing Beacon (RRFB) System, Complete
Storm Drain Marker _
Raised Pavement Marker Type 1
Raised Pavement Marker Type 2 _ _
Permanent Signing •
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'Plastic Line, 4 In. -
'Plastic Stop Line
1 Plastic Crosswalk Line -
'Plastic Traffic Arrow - -
'Plastic Bicycle Lane Symbol
'Plastic Bicycle Lane Symbol for Loop Detection
Plastic Access Parking Space Symbol
Paint Line, 4 In.
Property Restoration
Topsoil Type A - - - -
Bark Mulch
1Seeded_Lawn Installation
1PSIPE Tilia tomentosa'PNI 6051'/ Green Mountain Linden; 2.5" Cal., 121 -14' Ht.
IPSIPE Cornus kousa x nuttallii ' KN4 -43'/ Starlight Dogwood; 2.5" Cal', 12' -14' Ht.
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Bid Item Item
No.
PSIPE Abelia x grandiflora 'Kaleidoscope'/ Kaleidoscope Abelia; 2 Gallon Cont.
PSIPE Berberis thunbergii'Concorde'! Concorde Japanese Barberry; 2 Gallon.Cont.
PSIPE Spiraea japonica 'Walbuma'/ Magic Carpet Spirea; 2 Gallon Cont.
PSIPE Calluna vulgaris 'Spring Torch'/ Spring Torch Heather; 1 Gallon Cont.
PSIPE Teucrium chamaedrys/ Wall Germander;1 Gallon Cont.
PSIPE Pennisetum Alopecuroides'Little Bunny'/ Little Bunny Dwarf Fountain Grass; 1 Gallon Cont.
PSIPE Schizachyrium scoparium'The Blues'/ The Blues Little Bluestem
PSIPE Veronica peduncularis 'Georgia Blue'/ Georgia Blue Speedwell; 1 Gallon Cont.
PSIPE Geum 'Mango Lassi'/ Mango Lassi Avens; 1 Gallon Cont.
Root Barrier
Automatic Irrigation System, Complete
Bench
Trash Receptacle
�SE UTILITY ITEMS
Franchise Utility Coordination
Adjust Gas Valve
((SCHEDULE B - SEATTLE CIT.Y_LIGHT IMPROVEMENTS
'Adjust Utility Vault
Adjust Handole
1Furnish and Install 507LA Vault
'Furnish and Install 577LA Vault
'Furnish and Install 712LA Vault
'Furnish and Install PVC Conduit, 4 In. Diam.
'Furnish and Install PVC Conduit, 5 In. Diam.
(Replace Frame and Cover, 42 In. Round
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