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TIC 2018-02-26 COMPLETE AGENDA PACKET
City of Tukwila Transportation and Infrastructure Committee ❖ Thomas McLeod, Chair ❖ De'Sean Quinn ❖ Zak Idan AGENDA Distribution: T. McLeod D. Quinn Z. Idan V. Seal D. Robertson Mayor Ekberg D. Cline L. Humphrey R. Tischmak G. Labanara R. Larson P. Brodin R. Turpin A. Youn Clerk File Copy 2 Extra Place pkt pdf on Z:1Trans & Infra Agendas e-mail cover to: A. Le, C. O'Flaherty, A. Youn, V. Seal, D. Robertson, D. Almberg, B. Saxton, S. Norris, & L. Humphrey MONDAY, FEBRUARY 26, 2018 — 5:30 PM FOSTER CONFERENCE ROOM — 6300 BUILDING (teat Rrr mended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) 2016 Andover Park East Sewer Repair Project a) Forward to 3/5/18 Regular Pg. 1 Project Completion and Acceptance Consent Agenda b) Duwamish Gardens Habitat Restoration Project b) Forward to 3/5/18 Regular Pg. 5 Project Completion and Acceptance Consent Agenda c) Cascade View Safe Routes to School Phase II c) Forward to 3/5/18 Regular Pg. 9 Project Completion and Acceptance Consent Agenda d) CBD Sanitary Sewer Rehabilitation d) Forward to 3/5/18 Regular Pg. 13 Bid Award Consent Agenda e) Public Works Sewer and Surface Water Capital Purchase e) Discussion Only Pg. 19 GraniteNet Asset Inspection and Decision Software f) 53rd Ave South (S 137th St — S 144th St) f) Forward to 3/5/18 Regular Pg. 27 Bid Award Consent Agenda g) 53rd Ave South (S 137th St — S 144th St) g) Forward to 3/5/18 Regular Pg. 37 Supplemental Agreement No. 4 for CM Services Consent Agenda h) Tukwila 205 Levee Certification h) Information Only Pg. 55 Tukwila Levee Rehabilitation i) Tukwila Urban Center Pedestrian/Bicycle Bridge Project 1) Forward to 3/5/18 Regular Pg. 63 Supplemental Agreement No. 4 with AKANA Consent Agenda j) Verizon Wireless Franchise Agreement j) Forward to 2/26/18 C.O.W. and Pg. 75 Draft Ordinance 3/5/18 Regular 3. SCATBd 4. MISCELLANEOUS 5. ANNOUNCEMENTS Future Agendas: Crosswalks & Stop Signs Overlay & Repair Program Next Scheduled Meeting: Monday, March 12, 2018 I} The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. City of Tukwila Public Works Department - Henry Hash, Director Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Peter Lau, Senior Program Manager CC: Mayor Allan Ekberg DATE: February 23, 2018 SUBJECT: 2016 Andover Park East Sewer Repair Project Project No. 91140203, Contract No. 17-092 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of e ainage. BACKGROUND The Notice to Proceed for Contract Number 17-092 with Gary Harper Construction, Inc. of Snohomish, Washington was issued on June 19, 2017. This construction project replaced approximately 435 lineal feet of asbestos -cement sewer main with PVC pipe within the City right- of-way on Andover Park East (APE). DISCUSSION The 2016 APE Sewer Repair project was physically completed on November 8, 2017. No change orders were executed for this construction project. FISCAL IMPACT The construction budget for the 2016 APE Sewer Repair Project was $1,100,000.00. The contract bid amount was $413,935.50 and the final amount was $365,443.64. Unit price under -runs were mainly due to under -utilization on backfill crushed rocks and a force account bid item to pay for minor changes. An escrow agreement for the retainage is $16,611.07. Expenses Construction Contract Amount (pre-tax) $376,305.00 Unit Price Under -runs ($44,083.51) WA State Sales Tax $33,222.15 Total Contract Amount $365,443.64 RECOMMENDATION Council is being asked to formally accept the 2016 Andover Park East Sewer Repair contract with Gary Harper Construction, Inc. in the amount of $365,443.64 as complete, and authorize the release of the retainage subject to standard claim and lien release procedures, and to consider this item on the Consent Agenda at the March 5, 2018 Regular Council Meeting. Attachment: Notice of Completion, Contract #17-092 W:1PW Eng1PROJECTS1A- SW Projects1CBD Sewer Rehabilitation (91140203)12016 APE Sewer Repair1Construction8t.700 - Post Construction & Closeouttinfo Memo 2016 APE Sewer Repair close out 022318 gl.docx 1 Date: g Original El Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 601606620 Name & Mailing Address of Public Agency City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 UBI Number: 179000208 Department Use Only Assigned to: Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name 2016 Andover Park East Sewer Repair, 91140203 Contract Number 17-092 Job Order Contracting Ell Yes [if No Description of Work Done/Include Jobsite Address(es) Replacement of approximately 435 linear feet of asbestos -cement sewer main with PVC pipe, and other necessary works associated with this pipe replacement, within the City right-of-way on Andover Park East. [if . Fede ally funded transportation project? 111 YesNo (If yes, provide Contract Bond Statement below) Contractor's Name Gary Harper Construction, inc. E-mail Address gary@garyharperconst.com Affidavit ID* 747289 Contractor Address 14831 223rd Street SE, Snohomish, WA 98296 Te 360-863-1955 ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. [] Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Bond Number: Date Contract Awarded May 15, 2017 Date Work Commenced July 31, 2017 Date Work Completed November 8, 2017 Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A. Ik'Yes E] No Affidavit ID* - blo LAI release will be granted until all affidavits are listed. Contract Amount 413935.50 Additions ( + ) 0.00 Reductions ( - ) $ 81,714.00 Sub -Total $ 332,221.50 Sales Tax Rate 10.0 (If various rates apply, please send a breakdown) Sales Tax Amount $ 33222.14 TOTAL $ 365 443 64 NOTE: These two totals must be equal Liquidated Damages $ 0.00 Amount Disbursed $ 348832.57 Amount Retained $ 16611.07 TOTAL $ 365,443.64 Cornittents: Note: The Disbursing Officer must submit this con leted notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: dianejaber@tukwilawa.gov (Aa Department of Revenue Cr,Public Works Section (360) 704-5650 PWC@dorwa.gov 0 W&shington State Department of Labor & Industries Contract Release (855) 545-8163, option #4 ContractRelease@LNIMA.GOV REV 31 0020e (10/26/15) F215-038-000 10-2014 Title: Fiscal Specialist Phone Number: (206) 433-1871 X 1871 Employment Security Department Registration, Inquiry, Standards 8, Coordination Unit (360) 902-9450 publicworks@esd wa gov 2 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be aranted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* Apply A Line, Inc. 600553941 738669 Harlow Construction Company, Inc. 601762618 740645 Olson Brothers PRO -VAC, LLC 602170975 744620 PLS, Inc. 601979933 729980 Prime Electric, Inc. 601004783 749733 Puget Paving & Construction, Inc. 600403309 738611 Sea -Tac Sweeping Service 601735583 739516 Silverstreak, Inc. 600432781 739289 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15) F215-038-000 10-2014 3 4 City of Tukwila Public Works Department - Henry Hash, Director Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Mike Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: February 23, 2018 SUBJECT: Duwamish Gardens Habitat Restoration Project Project No. 90630102, Contract No. 15-112 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract Number 15-112 with McCann Construction of Renton, Washington was issued on June 15, 2015. Construction resulted in a new park at 11269 East Marginal Way South that features a shallow water habitat for anadromous salmon, walking trails, native plants, a gathering area, art and interpretive elements, and public access to the Duwamish River. DISCUSSION Duwamish Gardens was physically completed on February 1, 2017. The one-year plant maintenance period ended on December 1, 2017. The last remaining Affidavit of Wages Paid, for Buckley Nursery, the subcontractor that provided the plant maintenance, was received on January 25, 2018. FINANCIAL IMPACT The Duwamish Gardens construction budget was $2,692,082.00. The original contract amount was $2,447,346.95 and four change orders were executed for $18,888.31. There were quantity overruns for a few unit price items including cultural resource site excavation, fill and compaction, concrete sidewalk, and erosion control fabric, bringing the total construction value including tax to $2,418,905.51. Retainage is being held by the City in the amount of $110,448.72. Construction Contract Amount (pre-tax) Change Order Nos. 1 to 4 Unit Price Underruns WA State Sales Tax Total Contract Amount Expenses $2,235,020.05 18,888.31 (44,934.29) 209 931.44 $2,418,905.51 RECOMMENDATION Council is being asked to formally accept the Duwamish Garden Habitat Restoration Project with McCann Construction, Inc. in the amount of $2,418,905.51 as complete, and authorize the release of retainage subject to standard claim and lien release procedures, and to consider this item on the Consent Agenda at the March 5, 2018 Regular Council Meeting. Attachment: Notice of Completion, Contract #15-112 W:IPW Eng I PROJECTSIA- DR ProjectsIDuvramish Gardens 06-DRO2 (90630102)1Constructiontir.700 - Post Construction & Closeouttinfo Memo_Duw Grdns dose-out_20180223-gl.docx 5 Date: g Original 10 Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 602286020 Name & Mailing Address of Public Agency City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 UBI Number: 179000208 Department Use Only Assigned to: Date Assigned: Notice is hereby given relative to the completion of contract o project described below Project Name Duwamish Gardens Habitat Project 90630102 Contract Number 15-112 Job Order Contracting Ej Yes 'No Description of Work Done/Include Jobsite Address(es) Construction of a 2+ acre salmon habitat restoration site and public park along the Duwamish River. Federally funded transportation project? 0 Yes IZIf No (if yes, provide Contract Bond Statement below) Contractor's Name McCann Trucking & Excavating E-mail Address Arlene@RCNVV Affidavit ID* 744399 Contractor Address P.O. Box 481 Renton, WA 98057 Te 425-228-2316 ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. III Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Bond Number: Date Contract Awarded May 18, 2015 Date Work Commenced June 15, 2015 Date Work Completed February 1, 2017 Date Work Accepted Were Suhcontracters used on this project? If so, please complete Addendum A. Yes 0 No Affidavit ID* - No LAI release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions ( - ) Sub -Total Amount of Sales Tax 9.5 (If various rates apply, please send a breakdown) TOTAL 2,235,020.05 $ 62,879.59 $ 88,925.57 $ 2,208,974.07 209931.44 $ 2,418,905.51 Liquidated Damages $ 0.00 Amount Disbursed $ 2,308,456.79 Amount Retained $ 110,448.72 NOTE: These two totals must be equal TOTAL 2,418,905.51 All but one invoice had Sales Tax at 9.5% with a total of $208,353.36. Only the last invoice after 4/1/17 was at 10% for $1,578.08. Total sales tax was $209,931.44. Note: The Disbursing Officer must submit this crri leted notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RE+A- ED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: diane.jaber@tukwilawa.gov riiia Department of Revenue C.,Public Works Section (360) 704-5650 PWC@dorwa.gov 0 Washington State Departrnem of Labor & Industries Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV REV 31 0020e (4/28/14) F215-038-000 04-2014 Title: Fiscal Specialist Phone Number: (206) 433-1871 X 1871 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esd.wa.gov 6 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum caii be submitted in other formats. Provide known affldavitsat this time. No L&lrelease will 6=c,m^te6until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavid ID* American Surveying and Environmental 005226051 726073 Cadman 176000099 715898 City Transfer 173005384 725904 Rhino Construction 002802750 764601 Buckley Nursery Company, Inc. 271000516 765889 Commercial Fence Corporation 601581885 706331 Colbeck & Company 601430301 725859 Dianes Tank Removal 603022938 610608 Goodnight Construction 600610695 726782 Sunset Materials 601575140 726789 Ke|eyeConcrete 603215162 729635 Lakeridge Paving Co. 001592135 752006 OMA Construction Trucking 601072128 715595 RTranopnrt 602987190 641435 Salinas Sawing & Sealing 601717158 717479 Seattle Environmental Construction 603379508 590123 Stanley Patrick Striping Co. 602015949 715635 Trade -Marx Sign & Display Corp. 601168201 732985 RCNW 602286010 738091 For tax assistance or to request this document in an alternate format, pleascall )-80O-64777U6.Teletype (TZY)users may use the Washington Relay Service by calling 711 REV 31 0020e Addendum (04/28/14) F215-038-000 04-2014 7 RELEASE OF CLAI S AND CONTRACTOR'S ACCEPTANCE DUWAMISH GARDENS RESTORATION PROJECT CITY OF TUKWILA PROJECT NO. 90630102 STATE OF WA :SS COUNTY OF King I, the undersigned, having been first duly sworn, depose and say: that the final estimate is a true and correct statement showing all the monies due n-te from the City of Tukwila, Washington, under Tukwila Project Number 90630102, and that I have carefully examined said final estimate and understand the same; and that I hereby release the City of Tukwila from any and all claims of whatever nature which may have arisen from tl and which are not set forth in said estimate. SUBSCRIBED AND SWORN to before me , 20 4 A t:LFNI M. SCHUCKARD NOTARY PUBLIC ")r= VVASHJNGTON `!tvoliSSION EXPIRES /EMBER 19, 20118 perfo lance of said contract, rey r / President McCall nstruction Enterprises, Inc. his 2.3 day of Notary Public in and for the State of Washington, residing at Maple Valley therein. City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director //// BY: Dave Sorensen, Project Manager CC: Mayor Allan Ekberg DATE: February 23, 2018 SUBJECT: Cascade View Safe Routes to School Phase 11 Project No. 91510302, Contract No. 17-109 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of retainage bond. Allan Ekberg, Mayor BACKGROUND The Notice to Proceed for Contract No. 17-109 with Hoffman Construction, Inc. of Enumclaw, Washington was issued on June 28, 2017 for the Cascade View Safe Routes to School Phase 11 Project. This project provided pedestrian safety and street improvements that included; paving, new concrete curbs, gutters, sidewalks and ADA ramps, adjusting surface utilities to grade, a mini roundabout, and installing roadway channelization. This residential street project also presented an opportunity to include additional water quality facilities desired for this neighborhood and also required some regrading of the street cross-section to accommodate the new curb, gutter, and sidewalk. The additional work was included by using Overlay & Repair and Surface Water funds. AN Construction was physically completed on December 8, 2017. Four change orders were executed. Under -runs were due to underutilized bid items such as "Unexpected Site Changes" and "Gravel Borrow Including Haul". Retainage on federally funded projects is not allowed, therefore a retainage bond was utilized. The budget for the Cascade View Safe Routes to School Phase II Project was $1,554,178.17 and included a 10% contingency, which was not utilized. Construction Contract Amount Under -runs $1,412,889.25 (26,238.82) Total Amount Paid $ 1.386,650.43 RECOMMENDATION Council is being asked to formally accept and authorize the release of the retainage bond, subject to standard claim and lien release procedures, for the Cascade View Safe Routes to School Phase II Project with Hoffman Construction, Inc. in the final amount of $1,386,650.43 and consider this item on the Consent Agenda at the March 5, 2018 Regular Meeting. Attachment: Notice of Completion Contract No. 17-109 W:\PW Eng1PROJECTS1A- RW 8 RS Projects1Safe Routes to School - Cascade View Phase II (91510302)1Construction1Close Out To CounciaDocs to TIC1Into Memo CV SRTS PH2 Closeout 022318.docx 9 gOriginal El Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: 12/07/2017 Contractor's UBI Number: 600247364 Name & Mailing Address of Public Agency City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 UBI Number:179000208 Department Use Only Assigned to: Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name Cascade View Safe Routes to School Contract Number 17-109 Job Order Contracting 0 Yes VNo Description of Work Done/Include Jobsite Address(es) S.140th/33rd Ave S. Removed existing pavements; provided erosion/water pollution control, Installed new storm drainage structures, pipes, curb and gutters, sidewalks, driveway entrances, curb ramps,new HMA pavement and channelization. Adjusted utilities to grade. Federally funded transportation project? ivi Yes E No (if yes, provide Contract Bond Statement below) Contractor's Name Hoffman Construction, Inc. E-mail Address karen@hofcon.com Affidavit ID* 763253 Contractor Address PO Box 845 Enumclaw, WA 98022 Te 360-825-9797 ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. LI Retainage Bond V Contract/Payment bond (valid for federally funded transportation projects) Name: Merchants Bonding Company (Mutual) Bond Number: WAC54496 Date Contract Awarded 05/11/2017 Date Work Commenced 07/05/2017 Date Work Completed 12/08/2017 Date Work Accepted 12/08/2017 Were Subcontracters used on this project? If so, please complete Addendum A. Yes 0 No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions ( - ) Sub -Total Sales Tax Rate 10 % various rates apply, please send a breakdown) Sales Tax Amount TOTA 1409797.00 $ 18,802.76 43,954.33 1,384,645.43 Liquidated Damages $ 0.00 Amount Disbursed $ 1,386,650.43 Amount Retained $ 0.00 2005»o $ 1.386 650 43 NOTE: These two totals must be equal TOTAL $ 1,386,650.43 Cornments: The project was originally bid at 9.5% Sales Tax for Schedule B only. Rates had changed to 10% after the bid and prior to construction. 0.5% was added to the Tax Rate which increased the Sales Tax Amount from $3092.25 to $3255.00. Reductions shown above is the difference between contract amount and actual contract payments. Rule 171 applies to Schedule A only. Note: The Disbursing Officer must submil_this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: Diane.jaber@tukwilawa.gov Department of Revenue Public Works section (360) 704-5650 PWC@dor.wa.gov OWashington State Department of Labor & Industries REV 31 0020e (10/26/15) F215-038-000 10-2014 Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA GOV Title: Fiscal Specialist Phone NUMber: 206.433.1871 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esd.wa.gov 10 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendurn can be submitted in other formats. Provide known affidavits at this time. No L&1 release will bvgranted until all a davits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit D* Apply A Line 600553841 761680 C&PFanoing 603210811 757877 Evergreen Concrete Cutting 001605067 748971 Garrison Creek Landscaping, Inc. 602461104 759740 Mo|mvig, Dewitt, GoU|on&Assoc, LLC 603162312 751131 Puget Paving & Construction, Inc. 600403308 758968 Strong Trucking, Inc. 601777166 754582 Harlow Construction Co Inc. 601762618 750518 Silver Streak, Inc. 600482781 751185 Concrete Services 001334103 759766 Corliss 602237779 758744 Olson Brothers Pro -Vac, LLC 602170975 750975 SnelI Crane Service, Inc. 601626799 750424 For tax assistance or to request this document in an alternate format, please call 1'800'647'7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15) F2l5-038'000 10,2014 1 1 12 City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director //// • BY: Mike Cusick, Senior Program Manager CC: Mayor Ekberg DATE: February 23, 2018 SUBJECT: CBD Sanitary Sewer Rehabilitation Project No. 91140203 Bid Award Allan Ekberg, Mayor ISSUE Award the contract to Michels Corporation for the 2018 Central Business District (CBD) Sanitary Sewer Rehabilitation Project. BACKGROUND The 2018 CBD Sanitary Sewer Rehabilitation Project will address deterioration of the approximately 50 - year old sanitary sewer pipes by relining the pipe with little impact to roadways and no excavation. DISCUSSION Michels Corporation submitted the only bid received on February 14, 2018 for the 2018 Sanitary Sewer Rehabilitation Project for $311,826.35 for the Base Bid and $137,806.90 for Bid Alternate Number 1. The bid was reviewed and tabulated (see attached sheet) and no errors were found. Michels Corporation has previously performed work for the City that was found to be satisfactory. BUDGET AND BID SUMMARY Michels Corporation Contingency 20% Engineers Estimate Bid Amount Budget $440,158.00 $ 449,633.25 $ 550,000.00 89,926.65 $ 539.559.90 With the awarding contract to the Michels Corporation with a of the bid of $449,633.25 we also have a 20% contingency on the project. The contingency amount of $89,926.65 is the allowable expense that the Mayor will be able to approve for any change orders to the construction contracts. If at any time the project overruns the contingency amount, staff will return to Committee and Council for approval. RECOMMENDATION Council is being asked to award the construction of the 2018 CBD Sanitary Sewer Rehabilitation Project to the Michels Corporation in the amount of $449,633.25 Council is being asked to consider this item on the Consent Agenda at the March 5, 2018 Regular Meeting. Attachments: Page 81, 2017 CIP Map Bid Tabulation W\PW Eng PROJECTS \A- SW Projects \CBD Sewer Rehabilitation (91140203)\ Info memo award to Michels Feb 14, 2018 sm.docx 13 C[OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: CBD Sanitary Sewer Rehabilitation Project No94020 The asbesto�mo��p�e�the CBD kmmme��busin�sd��V�app�x��e�45y��o��d DESCRIPTION: ' becoming soft. Slip lining the pipe will reinforce the strength with little impact to roadways and minimal excavation. If1hepipeco||�poem`1he��ve��wi[|havemU��xomvo�adondthaco��mf{heepa�o�Nbemignifioon� In the JUSTIFICATION: last five years we have had four major pipe failures on Andover Park West and Andover Park East. In��14mn6���6 overYO5OOfe�tufaube�t000aoit�ryxewerpip�w�vena|ined |n2OiGthrough 201D. STATUS °'' � ' 20000 feet of asbestos sewer is scheduled to be relined. MAINT. IMPACT: Reduced maintenance and repair costs. COMMENT: A Public Works Trust Fund oan was sUccessfully obtained in 2012 for $750k FINANCIAL Through Estimated in 000's 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 323 37 45 45 45 495 Land(RNV) 1 1 Const. Mgmt. 112 85 120 120 120 557 Construction 736 1.540 1.100 1.100 1.049 5.525 TOTAL EXPENSES 1,172 1^862 1.265 1,265 1.214 V V o 0 6'578 FUND SOURCES • Awarded Grant O PW Trust Fund 750 750 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 422 1.662 1,265 1,265 1,214 D o U 0 5.828 TOTAL SOURCES 1,172 1.662 1.265 1.265 1,214 0 0 D 0 6`578 2017 - 2022 Capital Improvement Program 81 14 PROJECT LOCATION EXISTING SEWER MAIN TO BE LINED WITH CIPP, TYP. EXISTING SEWER MAIN TO BE LINED WITH CIPP, TYP. EXISTING SEWER MAIN TC BE LINED WITH CIPP, TYP. EXISTING SEWER MAIN TO BE LINED WITH CIPP, TYP. 15 16 City of Tukwila 2018 Central Business District Sewer Rehabilitation Bid Tab Febuary 14,2018 BASE BID - 2018 CENTRAL BUSINESS DISTRICT SEWER REHABILITATION RH2 MICHELS MICHELS Item No. Item Description Quantity Unit Unit Price Amount UNIT PRICE Amount 1 Mobilization 1 LS $32,600 $32,600 $ 27,907.00 $ 27,907.00 2 Traffic Control - Flagger Labor (Minimum Bid of $38.36) 64 HR $67.50 $4,320 $ 68.75 $ 4,400.00 3 Traffic Control - Off -Duty Uniformed Police Officer 56 HR $72 $4,032 $ 72.00 $ 4,032.00 4 Project Temporary Traffic Control 1 LS $14,000 $14,000 $ 19,453.00 $ 19,453.00 5 Pre -Cleaning Video Inspection 1 LS $3,000 $3,000 $ 5,154.00 $ 5,154.00 6 Clean and Prep Sewer Prior to Construction 1 LS $6,000 $6,000 $ 14,235.00 $ 14,235.00 7 Video Inspection Prior to Construction 1 LS $3,000 $3,000 $ 21,374.00 $ 21,374.00 8 Provide, Install, and Manage Wastewater Bypasses 1 LS $8,400 $8,400 $ 6,288.00 $ 6,288.00 9 8 -inch Main Line Cured -in -Place -Pipe (CIPP) 381 LF $50 $19,050 $ 40.00 $ 15,240.00 10 12 -inch Main Line Cured -in -Place -Pipe (CIPP) 1,431 LF $60 $85,860 $ 72.00 $ 103,032.00 11 16 -inch Main Line Cured -in -Place -Pipe (CIPP) 576 LF $110 $63,360 $ 87.00 $ 50,112.00 12 8 -inch Main Line Cured -in -Place -Pipe (CIPP) Pre -liner 60 LE $3 $180 $ 2.10 $ 126.00 13 12 -inch Main Line Cured -in -Place -Pipe (CIPP) Pre -liner 210 LF $5 $1,050 $ 2.75 $ 577.50 14 16 -inch Main Line Cured -in -Place -Pipe (CIPP) Pre -liner 90 LF $10 $900 $ 3.10 $ 279.00 15 Trenchless Lateral Reinstatement and Packer Injection Grouting 4 EA $1,000 $4,000 $ 740.00 $ 2,960.00 16 Trenchless Outside Manhole Drop Connection Reinstatement 1 EA $500 $500 $ 309.00 $ 309.00 17 Force Account 1 LS $8,000 $8,000 $ 8,000.00 $ 8,000.00 BID ALTERNATE NO. 1- 2018 CENTRAL BUSINESS DISTRICT SEWER REHABILITATION Subtotal $258,252 Quantity $ 283,478.50 10.0% Sales Tax $25,825 UNIT PRICE $ 28,347.85 Base Bid w/ Sales Tax $284,077 1 $ 311,826.35 RH2 MICHELS MICHELS Item No. Item Description Quantity Unit Unit Price Amount UNIT PRICE Amount Al Mobilization 1 LS $12,900 $12,900 $ 2,371.00 $ 2,371.00 A2 Traffic Control - Flagger Labor (Minimum Bid of $38.36) 32 HR $67.50 $2,160 $ 68.75 $ 2,200.00 A3 Traffic Control - Off -Duty Uniformed Police Officer 16 HR $72 $1,152 $ 72.00 $ 1,152.00 A4 Project Temporary Traffic Control 1 LS $10,000 $10,000 $ 13,057.00 $ 13,057.00 A5 Pre -Cleaning Video Inspection 1 LS $2,200 $2,200 $ 3,664.00 $ 3,664.00 A6 Clean and Prep Sewer Prior to Construction 1 LS $4,400 $4,400 $ 12,873.00 $ 12,873.00 A7 Video Inspection Prior to Construction 1 LS $2,200 $2,200 $ 8,545.00 $ 8,545.00 A8 Provide, Install, and Manage Wastewater Bypasses 1 LS $6,100 $6,100 $ 1,143.00 $ 1,143.00 A9 6 -inch Main Line Cured -in -Place -Pipe (CIPP) 250 LF $80 $20,000 $ 54.00 $ 13,500.00 A10 8 -inch Main Line Cured -in -Place -Pipe (CIPP) 1,490 LF $50 $74,500 $ 41.00 $ 61,090.00 All 6 -inch Main Line Cured -in -Place -Pipe (CIPP) Pre -liner 40 LF $3 $120 $ 1.65 $ 66.00 Al2 8 -inch Main Line Cured -in -Place -Pipe (CIPP) Pre -liner 220 LF $3 $660 $ 2.05 $ 451.00 A13 Trenchless Lateral Reinstatement and Packer Injection Grouting 1 EA $1,000 $1,000 $ 847.00 $ 847.00 A14 Trenchless Outside Manhole Drop Connection Reinstatement 1 EA $500 $500 $ 320.00 $ 320.00 A15 Force Account 1 LS $4,000 $4,000 $ 4,000.00 $ 4,000.00 Subtotal $141,892 $ 125,279.00 10.0% Sales Tax $14,189 $ 12,527.90 Bid Alternate No. 1 w/ Sales Tax $156,081 $ 137,806.90 ENGINEER MICHELS Total w/ Sales Tax $440,158 $ 449,633.25 2/15/2018, 7:05 AM C:\Users\michael-c\Documents\MICHELS BID TAB 2 14 2018[Cost Est - 2017.12.11] 18 TO: FROM: BY: CC: DATE: SUBJECT: City of Tukvin a Public Works Department - Henry Hash, Director Transportation & Infrastructure Committee Henry Hash Public Works Director "//- Pat Brodin, Public Works Operations Manager Mayor Ekberg February 23, 2018 Public Works Sewer and Surface Water Capital Purchase GraniteNet Asset Inspection and Decision Software Allan Ekberg, Mayor ISSUE Committee approval of the purchase of capital equipment in accordance with City policy. BACKGROUND The City of Tukwila's purchasing policies require all unbudgeted capital equipment valued over $5,000 be approved by Council Committee and the Mayor. We are currently using GraniteXP as our sewer and surface water pipeline video inspection software, but updates and support for this version of Granite are no longer available. GraniteNet is the latest software that will meet the needs of our Sewer & Surface Water Maintenance Department. ANALYSIS GraniteNet offers flexibility, customization, and ease-of-use to our operators. With the installation of a module from Lucity, Tukwila's new asset management program, we will be able to track inspections, create work orders, and link videos directly to the specific asset on the GIS map. FINANCIAL IMPACT The cost of the GraniteNet software is $8,939.00 and includes training for employees on the new software and converting all existing GraniteXP data to GraniteNet. We currently have $192,000 balance in the GIS Inventory of the Sewer and Surface Water Projects, after our GIS consultant contract with David Evans and the purchase of the Lucity Asset Management. RECOMMENDATION Committee approval to purchase GraniteNet Asset Inspection and Decision Support software for $8,939.00 that will be used as our sewer and surface water pipeline video inspection software. Attachments: Price quote from CUES GraniteNet Software Description W:IShared Copy OnlylGaillinfo Memo GraniteNet Purchase 022318.docx 19 'The Staroderd of the Industry" ��� December 27th, 2017 Mr. Jeff Heglund Tukwila Sewer & Surfacewater Maintenance Superintendent 68OMinNerBlvd. Tukwila, WA 98188 206-571-6312 (cell) 206-433-1864 (office) ]eff.Heg|und(aTukmi|avVA.gov RE: GraniteNeSoftware Quote Mr. Heglund: Thank you for the opportunity to quote the GraniteNet Asset Inspection and Decision Support software platform from CUES, the mostrusted brand in North America for pipeline inspection technology. For more than a decadCUES hthe industry with the most innovative and extensible software platform available to help utilities and contractors alike achieve their regulatory and productivity goals. Our clients demand software that is able to be customized to meet their needs while supporting the process Mows unique to their organization. GraniteNet offers unmatched flexibility to create many different types of inspections in addition to CCTV assessments such as cleaning inspections, smoke test inspections, GPS surveys, inclination su,hydn]ntinspect|nns,|ightpo|einopectinns8hc. Additionally, this new software platform offers a very simple User Interface to allow people to quickly become proficient users, often in a matter of minutes. For those oizations that desire advanced capabilities such as GIS map (ESRI/Cartegraph) integration, CMMS integration (Cityworks, Maximo, IPS/Hansen), User Management controls, enterprise database support (Oracle & SQL), a Web -based Portal, custom Scoring formulas, etc., the CUES GraniteNet software platform can meet the needs of the City of Tukwila now or in the future as the requirements evolve. The following is a short description of each GraniteNet icense and the suggested modules to be included in the software package for the City of Tukwila. Please feel free to contact me with any questions, comments or concerns. Sincerely, Jay Freeman jfreemanPcu8s/nc.com Office: (800) 327-7791 x222 Mobile: (407) 340-1004 Skype: freeman.jay93 Page 1 of 5 Tukwila WA GraniteNet Software Quo e 12/27/2017 20 GraniteNet Inspection Premium Package GraniteNet Premium captures a wide of data and video from pipelines. It is highly specialized and customizable, yet simple enough for users to learn to operate quickly. GraniteNet d7 are critical tV deploying a comAssurance, Management, Operation,andMaintenanceprogram(CMOM)thatisa|nedvVithFedena|regu|atinna Below are some of the key features offered by the software: • Asset based architecture • Dynamic pipe graphs are navigabletmanyobservationvvithintheinspection • CD/DVD burning • Synchronization • Out-of-the-box Reporting • Reports available in HTML, ASCII and PDF formats along with the standard printed reports • Built-in functionality to email reports • Unlimited still images can be captured (dependent upon hard drive space) • User customizable screen layouts and mandatory fields can be specified to meet client specifications � Built in synchronization mechanism to allow precise data aggregation • The ability to take additional still images (snapshots) during playback in he truck or the office. • Tasks can be assigned and managed throughout the system The Premium ndUdes the followicomponents: GraniteNet Basic, Core Basic,Core Advanced, Main Inspection Module, Analog Video Recording Module Mainline, Video Indexing Module, Titling, Distance Acquisition, Still Image Capture Module, and Data Transfer. GraniteNet Office Software License Used primarily by engineers and supervisors, the Ofl9ce Edition allows CCTV inspection records to be edited and changed upon subsequent review. This edition has the ausers to modify inspections and observations gathered in the field, synchronize inspections, capture images from playback, view mapped data, and import/export map data. GraniteNet ESRI Interface Module Developed by CUES as a registered business partner with ESRI, this optional module for GraniteNet allows users to be able to nt and click on an asset from within the GraniteNet integrated map. After clicking on the asset, the asset and inspection panes are automatically u|ated with the asset's attribute information. The operator may initiate an inspection by simply selecting the asset on the map and right - clicking. The GraniteNet ESRI Interface also provides the ability to create a new asset in the field. The system is able to collect, store, display, manipulate and analyze data, and then link the information to the ESRI ArcGIS map file. The software provides a chronological record of every inspection completed on the asset. Page 2 of 5 Tukwila WA GraniteNet Quote 12/27/207 21 GraniteNet ESRI Import Module This optional module for GraniteNet provides a bi-directional interface betweenBRI ARCGIS 10.X and the GraniteNet software. This module enables GIS features to bimported directly into GraniteNetwhere theycan be used to verify and validate the location of utility assets. GraniteNet ESRI Import Re -Implementation This implementation includes configuration, documentation, and training with the county's office staff by a CUES software division GIS consultant in accordance with the unique business requirements of the City of Tukwila. CUES will work with Operations personnel to define the goals and then define and document the standard operating procedures. GraniteNet H.264 Module The CUES GraniteNet H.264 Module is an optional video capture codec that aliows for inspection video capture in H.264 format. This results in significant video file size reduction. The H.264 coding format is currently one of the most commonly used formats for the recording, compression, and distribution of video content via the web. This patented format is capable of providing very good video quality at substantially lower bit rates (less storage) than previous standards (i.e., half or less the bit rate of MPEG-2, H.263, or MPEG -4 Part 2), without increasing the burden on a wide variety of networks and systems. To stream video via the GraniteNet portal, the video format must be in the H.264 (.mp4) format. CUES provides the necessary coding libraries and pays the royalties for each GraniteNet Inspection license which is activated with the H.264 module. GraniteNet Scheduler Module The GraniteNet Scheduler Module allows users to schedule the transfer of CCTV data and media files to perform database synchronization automatically. At specific times set by the administrator, usually each day after working hours when the network is less burdened, the office can automatically import completed inspections from the truck to the office and synchronize incomplete inspections from the office to the truck to automate the transfer and archival of data on a daily, weekly or monthly schedule. On a daily basis, Supervisors can get their completed inspections sent in and CCTV crews can come to work and find their new, incomplete inspections waiting for them to get started out in the field. In addition to selecting complete or incomplete inspections, users will be able to create scheduled transfer tasks with specific pre- set filters to intelligently identify specific data re'setM|tarstointe||igent|yidentifyspecificdata to be transferred such as "/nspections by" pipe type, operator, severity, date range, etc. Users can also schedule to send the data to an alternative destination for backup, third party review, regulatory requirement, etc. In a typical configuration, the service is activated and started from a network -connected office machine which has GraniteNet and the GraniteNet Scheduler Module installed on it. The service will sequentially poll each vehicle and perform the synchronization tasks automatically. The GraniteNet Scheduler can also automa e report generation and GIS da a import and export. Page c]mf5 Tukwila WA GraniteNet So are Quote 12/27/2017 22 GraniteNet Software Support Plan Superior technical support provided by a high caliber team of experts that includes on-going software maintenance release updates available online for download including the latest technical documentation and at no additional charge. Professional telephone support is available Monday through Friday8:00 AM — 5:00 PM EST as well as remote online technical support. Access to online support services inclUding FAQ's, the CUES knowledge base, user forums and downloads are available through the Granite customer support website,http://support.gnet.uS.com. Optional Items GraniteNet Inspection Basic Without Video Package GraniteNet Basic with no video is designed to allow cleanincrews the ability to track lines cleaned and add observations as necessary. It also works in conjunction with ESRI to allow updating of gathered data to the master map. Below are some of the key features offered by the software: • Asset based architecture • Dynamic pe graphs are navigable to any observationwithintheinspectVn • CD/DVD burning • Synchronization • Out-of-the-box Reporting • Reports available in HTML, ASCII and PDF formats along with the standard printed reports • Built-in functionality to email reports • User customizable screen layouts and mandatory fields can be specified to meet client specifications • Built in synchronization mechanism to allow precise data aggregation • Tasks can be assigned and manage throughout the System GraniteNet Web Portal The GraniteNet Web Viewer Portal aliows approved users access to view inspection data, view see productivity dashboards, run filtered reports and generate PDF reports from virtually any device v�a � browseThav|ewerpo�a|na|�sonthe|nf��stnuctunaprov�edbvibsdient�|ndVdingacceast0the city's existing GraniteNet database, in a self -hosted environment within the city, and behind thei 's firewallso that data security is controlled by the city and not managed by CUES. If the server is securely exposed to theintarnet, the GraniteNet Web Viewer portal can be configured to provide employees to the City' GraniteNet data while outside the facility via the Internet (including through 3G/4G wireless connections). Because the Portal's ASP.Net web application accesses the enterprise database, any GraniteNet licenses intalled and used on the desktops can still continue to edit and update this data with all changes immediately being available to the web applicationts clients. Page 4 of 5 Tukwila WA GraniteNet Software Quote I2/27/2017 23 GN9O1 Premium Inspection Package including: GraniteNet Basic, Core Basic, Core Advanced, Main Inspection Module, Analog Video Recording Module Mainline, Video Indexing Module, Titling, Distance Acquisition, Still Image Capture Module, Data Transfer 502f52 GN904 Office License 501997 GN521 ESRI Interface Module 501952� GN523 ESRI Import Module 501997 GN576 ESRI Reimplementation GN560 H.264Module 50195J GN522 Scheduler Module 501952 GN538 Office Support Plan 5D1997 $14,000 $1,250 $6,995 $2,005 $4,500 $380 $1,495 $350 GN550 Granite XP to GraniteNet Data Migration $1,600 044 -0^ kips 1 $1,250 $0 1 $6,995 $O 1 $2,005 ($2,OX)5 $D 1 $4,500 $4,500 1 $380 $380 1 $1,495 ($1,495) $O 1 $350 $350 $1,600 ` $1,600 �� �� , 45(1999 On Site Training $703 3 $2,109 $2,109 Grand Total' Optional Items GN903 GnaniteNotBasic NoVideo $5,000 1 $5,000 Core Basic, CUES StandarModule, Management Console, Data Transfer NEW GN553 Basic No Video Support PIan NEW $450 1 $450 GN568 Software Viewer Portal License NEW $7,000 1 $7,000 GN579 Web Portal Implementation NEW $3,000 1 $3,000 GN567 Portal Support PIan NEW $2,500 1 $2,600 This quote will provision Tukwila, WA with 1 Premium Field Inspection License and 1 Office License. ***Please ensure that firmware on alI K2/Summitis upgraded to R038 if not on this version already. Terms: Net 3O FOB: Destination Delivery: As Required This quote is valid for 60 days. Page 5 of 5 Tukwila WA GraniteNet Software Quote 12/27/2017 24 Granit J _ ASSET INSPECTION / DECISION SUPPORT SOFTWARE GraniteNet is the next generation of our highly successful Granite XP software, and has been architected using contemporary technologies offering unmatched flexibility, customization, and ease-of-use to meet the growing needs of the industry. GraniteNet has many advantages which are critical to deploying a comprehensive Capacity Assurance, Management, Operation, and Maintenance program (CMOM). Precise Asset Data Enables Effective Regulatory Compliance GASB 34, instructs municipal utilities to report values for their infrastructure. Failing to comply could result in penalty to a municipality, or criminal liability, CUES innovated a solution which assists municipalities with these mandates to allow asset values to be documented and calculated more accurately. GraniteNet is a complete software solution for managing the condition of assets. It helps users schedule inspections and review the condition of assets as well as control the process of inspecting and analyzing your infrastructure at a more granular level with the addition of tasks and assignments. f resn7t 1 :"t Basic Edition: SI FT"711/x„ ,. usy to Use Pi' Operators GraniteNet Basic was designed for operators to optimize data collection. It has a simple interface to take advantage of small screens and portable computers. Main, Lateral, and Node Inspection modules can be activated independently allowing you to only purchase the features that you need. .. ,. A E5 LUT FOANAG1NG Y0411 ASSET INF $ PcT' In the past, tre" roject 15 d rnarra errs nt methodology"' only recorded inspections, acrd canlyafter tl"ie insaectron bras totally:cornpl te. (here was fief way to pre -assign the work toan individual, to track interim status of tasks, or to identify all contrihutc rs waren operating in a post -processed. environment inraniteNet, we have rntroi used "T k -based management:,met methodology*: A work process ontrol approac that lets you mane e the process of inspecting and analyzing.your infrastructure at a more granular level through the addition of: si rrments;, Specific acr"i atlas such as""Recor Video" or 'Create Observations" that carr be performed by one or rrroreet pioyees Tasks: A group o f assignments that when completed will; provide. snapshot of the state of Work that i•s in process. Sessions: Which track further detailed rnfornatiop that: is useful. when an assignment Must be interrupted and then resr med at a later time. Ari Accepi l efei t pr Allowlrrg sufser rlsors •to elect, tasks before they' become peat of the asset history Change:Review tools t in ch allow scampering an assets ourrent,properties with those of a new inspectro tea identify what has charged; , Support fi r Post Processing; ltria gb assn rarrnent whir can. be cat plet €t in the'office by different emptoyees OPTIONAL SOF ARE MODULES AVAILABLE IN GRANITE NET • CUES Total Pipe Score for NASSCO - Use with PACP data. NASSCO's PACP - Compatibility, Import, and Export. • NASSCO's LACP - Compatibility, Import, and Export. • NASSCO's MACP -Compatibility, Import, and Export. Lateral -Inspection, video, and pictures of laterals. • Manhole & Nodes Inspection, video, and pictures of Nodes. • Software Titling - Overlay inspection, or observation information on the video, using user selectable fonts and colors; • Media Linking - Links third party videos or pictures to inspection and observation details. • GPS Acquisition - Enables real-time collection of GPS coordinates. ESRI ArcGIS interface- Enables integration with ESRI's ArcGIS software using the ArcGIS Runtime SDK for .NET. • ESRI ArcGIS Import- Allows import of ArcGIS asset data. • User Management- Create user accounts and define their level of access, employment details, or security privileges to the software, Scheduler - Plan automated procedures between databases on a daily, weekly, monthly, or yearly schedule such as exports, synchronizations, ArcGIS Transfer, and Report Generation via email attachments. Formula Fields -Allows a custom formula to any field to do an action, perform calculations, or any other activity. Scoring - Rate any observation and create scores for mainlines and laterals. CUES Standard -Includes the default CUES code system, field structures, and reports. Report Designer - Allows to create or modify report templates, DUC Video Recording - Records digital video from a CUES Digital Universal Camera (DUC to a digital file. • DUC Flat Generation - Creates side scanning flat images from a DUC. DUC Review - Plays back digital video and flat images from a DUC. R Enterprise Database Support - Operate with Oracle databases. Inclinometer Collects inclination data and displays depth changes and ponding locations, • MAXIMO'interface - Work orders can be issued directly to the inspection crews and results returned. • Azteca Cityworks interface - Provides a flexible process flow for inspections and work orders. • EN 13508-2 Standard - Compatibility, import, Export, and Reports. MPEG4 H.264 Video Recording Module - Records digital video from an analog live video source to a digital file. Infor Public Sector Module (previously known as Hansen v8) - Transfers completed inspections to the IPS server through a scheduled export process. Customization Control over the datarind the al ty to oast mize to Of user's r r r'r r s r1 R Security roles allow you decide who controls the data. Different users/groups can have different screen rights. • Screen layouts and configurations are controlled by a central utility • Specific fields can be set as mandatory with the ability to set custom formulas against any field for advanced analysis. PACP CRRT,FIBn! SO TWARB',:.. City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director 1# BY: Ryan Larson, Senior Program Manager CC: Mayor Allan Ekberg DATE: February 23, 2018 SUBJECT: 53rd Avenue South IS 137th St - S 144th St) Project No. 99110301 Bid Award ISSUE Award construction contract to SC Infrastructure, LLC for the 53rd Avenue South project. Allan Ekberg, Mayor BACKGROUND The 53rd Avenue South Project will construct roadway, drainage, sidewalks, illumination, water and sewer upgrades, and undergrounding of overhead utilities between South 137th Street and South 144th Street. City Residential Street, Water, Sewer, and Surface Water funds are being used to fund different components of the design and construction. Transportation Improvement Board (TIB) Funding of $2,141,400 was obtained to fund a portion of the construction and right-of-way with the remaining funding from Seattle City Light, and City bond funds. Following bid opening, staff requested additional TIB grant funds since the low bid amount was more than the original cost estimate. TIB agreed to provide an additional $200,000.00 in overall project funding. ANALYSIS The 53rd Avenue South project was advertised for bids on January 23 and January 30, 2018. Three bids were received and opened on February 13, 2018. The bids were checked, tabulated and several math errors were corrected on the apparent low bidder, SCI Infrastructure. SCI Infrastructure's bid as submitted is $5,954,217.10 but the corrected amount is $5,953,249.60. The engineer's estimate is $7,712,522.50. SCI Infrastructure has successfully constructed other municipal projects as well as projects for the City. They have also been hired to complete emergency repair work for the City. BUDGET AND BID SUMMARY Bid Budget Other Sources SCI Bid (Overall) 5,953,250 Residential Streets 2,404,374 2,100,000 Undergrounding 1,598,983 2,250,000 Water(401) 1,019,046 960,000 160,951 Sewer (402) 147,400 150,000 12,140 Surface Water (412) 658,048 600,000 123,853 Water Quality Retrofit (412) 125,400 80,000 57,940 TIB Additional Approved Funding 200,000 S. 144th St. Phase II - Excess Funding 250,000 Utility Reimbursement 60,000 10% Contingency (of Overall Bid) 595,325 Total $6,548,576 $6,140,000 $864,884 RECOMMENDATION Council is being asked to approve the contract with SCI Infrastructure, LLC in the amount of $5,953,250.00 for the 53rd Avenue South Project and consider this item on the Consent Agenda at the March 5, 2018 Regular Meeting. Attachments: Recommendation Letter Bid Tabulation MM Fnnloon ICt^TC1[1_ DIM R. PC Dresie,fe1S1r4 Aue C /001A4ern-rlArie, February 13, 2018 Ryan Larson, PE Project Manager City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 RE: 53rdAve S- Project No. 99110301 Dear Ryan, Flli t a je: B cite ttie; " 98121 206n286.1640 F 2C6.286:] 630 vNvskpci coir On February 13, 2018 sealed bids were received and opened for the 53rd Ave S project. Three (3) bids were submitted, with the results of the bids and Engineer's Estimate as follows: Bidder's Name ( Written Bid Governed Bid Frank Coluccio Construction Co. $ 9,195,935.00 $ 9,195,935. SCI Infrastructure, LLC 5,954,217.10 $ 5, 53,2 Marshbank Construction, Inc. 7,350, .2 7,350,463.20 Engineer's sti at ( 7,712, 22. 7,712,522.50 SCI Infrastructure, LLC is the apparent low bidder. Contractor, Qualifications = Verified Bidder Responsibility Checklist o Proposal o Bid Security/Bid Bond o Addendum #1 & 2 acknowledged o Non -Collusion Affidavit signed and notarized o Proposed Equipment o Proposed Subcontractors o Past Project Log Exhibit 1: Bid Tabulations indicate that SCI Infrastructure has prepared the proposal as the low bid. Bid tabulations show mathematical corrections verified and corrected. Unit prices govern written total amounts per the Contract and prices have been corrected and conformed thereto. Exhibit 2: Verification of SCI Infrastructure, LLC contractor's license from the Department of Labor and Industries; verification of Business Registration; verification of Insurance of 28 Coverage, verification of State Excise Tax Registration, verification that SCI Infrastructure, LLC is not on the State Tax payment delinquent list. • Exhibit 3: Verification SCI Infrastructure, LLC is not on the State L&I "Debarred Contractors Not Allowed to Bid on Public Works Projects" list; verification that SCI Infrastructure, LLC is not on the State L&I Contractor Strike List. (Listed Subcontractors have been checked on these lists as well, but are not included in this exhibit.) • Exhibit 4: Reference Check Conversation Log Based on the outcome of the bids and a check of the Contractor's qualifications, I recommend that the City of Tukwila award a construction contract to SCI Infrastructure, LLC. Governed Price Schedule Breakdown: Schedule A Total Bid: $3,187,821.00 Schedule B Total Bid: $1,166,445.50 Schedule C Total Bid: $1,598,983.10 Total Bid: $5,953,249.60 Please call me with any questions, (206) 286-1640. Kelsey Anderson, PE Project Engineer Attachments: Verified Bidder Responsibility Checklist Exhibits 1-4 29 30 CITY OF TUKWILA - DEPARTMENT OF PUBLIC WORKS 53RD AVE S BID TABS IC.F" 02/13/18 Total Engineer's Estimate Frank Coluccio Construction Company SCI Infrastructure, LLC. Marshbank Construction, Inc. No. Section on Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Schedule A Al 1-04 Unexpected Site Changes 1 EST $ 30,000.00 $ 30,000 $30,000.00 $ 30,000 $30,000.00 $ 30,000 $30,000.00 $ 30,000 A2 1-05 Roadway Surveying 1 LS $ 100,000.00 $ 100,000 $45,000.00 $ 45,000 $45,000.00 $ 45,000 $45,000.00 $ 45,000 A3 1-05 ADA Features Surveying 1 LS $ 40,000.00 $ 40,000 $5,000.00 $ 5,000 $10,000.00 $ 10,000 $10,000.00 $ 10,000 A4 1-07 SPCC Plan 1 LS $ 2,500.00 $ 2,500 $2,500.00 $ 2,500 $1,000.00 $ 1,000 $250.00 $ 250 A5 1-07 Resolution of Utility Conflicts 1 EST $ 30,000.00 $ 30,000 $30,000.00 $ 30,000 $30,000.00 $ 30,000 $30,000.00 $ 30,000 A6 1-07 Utility Potholing 1 EST $ 25,000.00 $ 25,000 $25,000.00 $ 25,000 $25,000.00 $ 25,000 $25,000.00 $ 25,000 A7 1-08 Type B Progress Schedule 1 LS $ 10,000.00 $ 10,000 $5,000.00 $ 5,000 $5,000.00 $ 5,000 $6,000.00 $ 6,000 A8 1-09 Field Office Building 1 LS $ 30,000.00 $ 30,000 $40,000.00 $ 40,000 $28,000.00 $ 28,000 $28,000.00 $ 28,000 A9 1-09 Mobilization 1 LS $ 500,000.00 $ 500,000 $159,000.00 $ 159,000 $400,000.00 $ 400,000 $320,000.00 $ 320,000 A10 1-10 Project Temporary Traffic Control 1 LS $ 300,000.00 $ 300,000 $300,000.00 $ 300,000 $300,000.00 $ 300,000 $320,000.00 $ 320,000 A11 1-10 Uniformed Police Officer 60 HR $ 110.00 $ 6,600 $85.00 $ 5,100 $100.00 $ 6,000 $80.00 $ 4,800 Al2 2-01 Clearing and Grubbing 1 LS $ 30,000.00 $ 30,000 $120,000.00 $ 120,000 $30,000.00 $ 30,000 $75,000.00 $ 75,000 A13 2-02 Removal of Structure and Obstruction 1 LS $ 50,000.00 $ 50,000 $5,000.00 $ 5,000 $42,000.00 $ 42,000 $55,000.00 $ 55,000 A14 2-03 Gravel Borrow Incl. Haul 990 TON $ 35.00 $ 34,650 $25.00 $ 24,750 $21.85 $ 21,632 $37.00 $ 36,630 A15 2-03 Roadway Excavation Incl. Haul 2400 CY $ 35.00 $ 84,000 $50.00 $ 120,000 $25.00 $ 60,000 $31.00 $ 74,400 A16 2-03 Unsuitable Foundation Excavation Incl. Haul 390 CY $ 35.00 $ 13,650 $50.00 $ 19,500 $27.50 $ 10,725 $32.00 $ 12,480 Al 7 2-09 Structure Excavation Class A Incl Haul for Walls 920 CY $ 35.00 $ 32,200 $100.00 $ 92,000 $30.00 $ 27,600 $35.00 $ 32,200 Al 8 2-09 Shoring or Extra Excavation Class A for Structural Earth Walls 1 LS $ 40,000.00 $ 40,000 $20,000.00 $ 20,000 $5,000.00 $ 5,000 $1,600.00 $ 1,600 A19 4-04 Crushed Surfacing Base Course 2500 TON $ 40.00 $ 100,000 $25.00 $ 62,500 $28.00 $ 70,000 $25.00 $ 62,500 A20 4-04 Crushed Surfacing Top Course 970 TON $ 45.00 $ 43,650 $25.00 $ 24,250 $30.00 $ 29,100 $33.00 $ 32,010 A21 5-04 HMA CI 1/2" PG 64-22 2140 TON $ 120.00 $ 256,800 $100.00 $ 214,000 $77.00 $ 164,780 $97.00 $ 207,580 A22 5-04 Commercial HMA 220 TON $ 175.00 $ 38,500 $166.00 $ 36,520 $180.00 $ 39,600 $168.00 $ 36,960 A23 6-13 Modular Block Wall 2430 SF $ 25.00 $ 60,750 $35.00 $ 85,050 $23.00 $ 55,890 $38.00 $ 92,340 A24 6-13 Structural Earth Wall 5540 SF $ 45.00 $ 249,300 $35.00 $ 193,900 $22.00 $ 121,880 $30.00 $ 166,200 A25 6-13 Gravel Borrow for Structural Earth Wall Incl. Haul 600 CY $ 60.00 $ 36,000 $35.00 $ 21,000 $45.00 $ 27,000 $58.00 $ 34,800 A26 8-01 Erosion Control and Water Pollution Prevention 1 LS $ 75,000.00 $ 75,000 $20,000.00 $ 20,000 $10,000.00 $ 10,000 $35,000.00 $ 35,000 A27 8-04 Integral Curb 150 LF $ 20.00 $ 3,000 $30.00 $ 4,500 $85.00 $ 12,750 $96.00 $ 14,400 A28 8-04 Extruded Curb, Type 5 80 LF $ 20.00 $ 1,600 $25.00 $ 2,000 $17.00 $ 1,360 $17.00 $ 1,360 A29 8-04 Cement Conc. Traffic Curb and Gutter 4810 LF $ 20.00 $ 96,200 $15.00 $ 72,150 $16.75 $ 80,567.50 $19.00 $ 91,390 A30 8-04 Cement Conc. Traffic Curb 20 LF $ 30.00 $ 600 $29.00 $ 580 $31.00 $ 620 $45.00 $ 900 A31 8-04 Cement Conc. Pedestrian Curb 400 LF $ 30.00 $ 12,000 $25.00 $ 10,000 $27.00 $ 10,800 $30.00 $ 12,000 A32 8-06 Cement Conc. Driveway Entrance Type 1 450 SY $ 65.00 $ 29,250 $55.00 $ 24,750 $66.00 $ 29,700 $52.00 $ 23,400 A33 8-06 Cement Conc. Driveway Entrance Type 2 420 SY $ 65.00 $ 27,300 $55.00 $ 23,100 $66.00 $ 27,720 $52.00 $ 21,840 A34 8-06 Cement Conc. Driveway 510 SY $ 60.00 $ 30,600 $55.00 $ 28,050 $66.00 $ 33,660 $52.00 $ 26,520 A35 8-12 Black Vinyl Coated Chain Link Fence 1072 LF $ 40.00 $ 42,880 $30.00 $ 32,160 $30.00 $ 32,160 $29.00 $ 31,088 A36 8-12 Remove and Replace Wooden Fence 300 LF $ 75.00 $ 22,500 $40.00 $ 12,000 $40.00 $ 12,000 $44.00 $ 13,200 A37 8-12 Remove and Reset Chain Link Fence 90 LF $ 40.00 $ 3,600 $30.00 $ 2,700 $35.00 $ 3,150 $30.00 $ 2,700 A38 8-12 Remove and Reset Chain Link Gate 3 EA $ 1,000.00 $ 3,000 $200.00 $ 600 $400.00 $ 1,200 $85.00 $ 255 A39 8-13 Remove and Install Monument Assembly 3 EA $ 1,500.00 $ 4,500 $1,000.00 $ 3,000 $2,200.00 $ 6,600 $3,700.00 $ 11,100 A40 8-18 Remove and Replace Mailbox Support 27 EA $ 750.00 $ 20,250 $400.00 $ 10,800 $600.00 $ 16,200 $1,200.00 $ 32,400 A41 8-26 Stairs Hand Railing 30 LF $ 400.00 $ 12,000 $160.00 $ 4,800 $150.00 $ 4,500 $160.00 $ 4,800 Sidewalk 02/13/18 Total Engineer's Estimate Frank Coluccio Construction Company SCI Infrastructure, LLC. Marshbank Construction, Inc. No. Section °n Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A42 8-14 Cement Conc. Sidewalk 1890 SY $ 45.00 $ 85,050 $50.00 $ 94,500 $37.50 $ 70,875 $44.00 $ 83,160 A43 8-14 Thickened Edge Sidewalk 1070 LF $ 35.00 $ 37,450 $60.00 $ 64,200 $65.00 $ 69,550 $70.00 $ 74,900 A44 8-14 Cement Conc. Stairs _ 30 SY $ 150.00 $ 4,500 $850.00 $ 25,500 $795.00 $ 23,850 $900.00 $ 27,000 A45 8-14 Cement Conc. Curb Ramp Type Parallel A 3 EA $ 3,500.00 $ 10,500 $6,500.00 $ 19,500 $1,300.00 $ 3,900 $1,600.00 $ 4,800 A46 8-14 Cement Conc. Curb Ramp Type Parallel B 1 EA $ 3,500.00 $ 3,500 $6,200.00 $ 6,200 $1,950.00 $ 1,950 $2,300.00 $ 2,300 A47 8-14 Cement Conc. Curb Ramp Type Single Direction A 3 EA $ 3,500.00 $ 10,500 $5,000.00 $ 15,000 $2,100.00 $ 6,300 $2,500.00 $ 7,500 A48 8-14 Cement Conc. Curb Ramp Type Single Direction B 5 EA $ 3,500.00 $ 17,500 $5,000.00 $ 25,000 $2,000.00 $ 10,000 $2,400.00 $ 12,000 Storm Drainage A49 2-02 Removal/Abandonment of Existing Storm Catch Basin 34 EA $ 750.00 $ 25,500 $500.00 $ 17,000 $400.00 $ 13,600 $225.00 $ 7,650 A50 2-02 Removal/Abandonment of Existing Storm Main 2820 LF $ 15.00 $ 42,300 $15.00 $ 42,300 $9.00 $ 25,380 $7.50 $ 21,150 A51 2-09 Shoring or Extra Excavation Class B for Storm Drainage 13000 SF $ 1.50 $ 19,500 $2.00 $ 26,000 $1.50 $ 19,500 $0.50 $ 6,500 A52 2-09 Trench Backfill Incl. Haul for Storm Trench 1400 CY $ 45.00 $ 63,000 $35.00 $ 49,000 $45.00 $ 63,000 $34.00 $ 47,600 A53 7-01 Wall Underdrain Pipe 6 In. Diam. 1510 LF $ 50.00 $ 75,500 $30.00 $ 45,300 $10.00 $ 15,100 $1.15 $ 1,737 A54 7-01 Drain Pipe 6 In. Diam. 410 LF $ 45.00 $ 18,450 $70.00 $ 28,700 $40.00 $ 16,400 $49.00 $ 20,090 A55 7-04 Ductile Iron Pipe 12 In. Diam 150 LF $ 95.00 $ 14,250 $120.00 $ 18,000 $87.00 $ 13,050 $65.00 $ 9,750 A56 7-04 Storm Sewer Pipe 12 In. Diam. 1060 LF $ 80.00 $ 84,800 $110.00 $ 116,600 $56.00 $ 59,360 $41.00 $ 43,460 A57 7-04 Storm Sewer Pipe 18 In. Diam. 1390 LF $ 100.00 $ 139,000 $125.00 $ 173,750 $69.00 $ 95,910 $60.00 $ 83,400 A58 7-04 Storm Sewer Pipe 24 In. Diam. 100 LF $ 125.00 $ 12,500 $270.00 $ 27,000 $110.00 $ 11,000 $82.00 $ 8,200 A59 7-04 Storm Drainage Television Inspection 1 LS $ 10,000.00 $ 10,000 $5,000.00 $ 5,000 $7,500.00 $ 7,500 $10,000.00 $ 10,000 A60 7-05 Yard Drain 7 EA $ 1,000.00 $ 7,000 $2,000.00 $ 14,000 $700.00 $ 4,900 $750.00 $ 5,250 A61 7-05 Catch Basin Type 1 16 EA $ 1,200.00 $ 19,200 $3,000.00 $ 48,000 $1,200.00 $ 19,200 $1,000.00 $ 16,000 A62 7-05 Catch Basin Type 1L 9 EA $ 1,400.00 $ 12,600 $3,500.00 $ 31,500 $1,375.00 $ 12,375 $1,000.00 $ 9,000 A63 7-05 Catch Basin Type 2 48 In. Diam. 11 EA $ 3,500.00 $ 38,500 $6,500.00 $ 71,500 $2,750.00 $ _ 30,250 $2,700.00 $ 29,700 A64 7-05 Catch Basin Type 2 54 In. Diam. 3 EA $ 5,000.00 $ 15,000 $8,000.00 $ 24,000 $3,100.00 $ 9,300 $2,900.00 $ 8,700 A65 7-05 Flow Splitter Catch Basin Type 2 72 In. Diam. 1 EA $ 10,000.00 $ 10,000 $10,000.00 $ 10,000 $10,800.00 $ 10,800 $8,000.00 $ 8,000 A66 7-05 Adjust Catch Basin 3 EA $ 600.00 $ 1,800 $1,000.00 $ 3,000 $500.00 $ 1,500 $500.00 $ 1,500 A67 7-05 Replace Frame & Grate with Solid Locking Cover 5 EA $ 600.00 $ 3,000 $700.00 $ 3,500 $700.00 $ 3,500 $600.00 $ 3,000 A68 7-05 Connect Proposed Pipe to Existing Drainage Structure 4 EA $ 1,000.00 $ 4,000 $3,500.00 $ 14,000 $450.00 $ 1,800 $1,000.00 $ 4,000 A69 7-05 Connect Existing Pipe to Proposed Drainage Structure 2 EA $ 800.00 $ 1,600 $3,500.00 $ 7,000 $450.00 $ 900 $500.00 $ 1,000 A70 7-05 Storm Drain Marker 34 EA $ 50.00 $ 1,700 $200.00 $ 6,800 $600.00 $ 20,400 $75.00 $ 2,550 A71 7-10 Modular Wetland Unit, 8' x 20' 2 EA $ 125,000.00 $ 250,000 $185,000.00 $ 370,000 $114,000.00 $ 228,000 $125,000.00 $ 250,000 A72 7-11 Temporary Water Bypass System 1 LS $ 25,000.00 $ 25,000 $30,000.00 $ 30,000 $29,500.00 $ 29,500 $7,500.00 $ 7,500 Illumination A73 8-20 Illumination System, Complete 1 LS $ 175,000.00 $ 175,000 $175,000.00 $ 175,000 $245,000.00 $ 245,000 $165,000.00 $ 165,000 Traffic Control Devices A74 8-09 Raised Pavement Marker Type 1 4 HUND $ 350.00 $ 1,400 $445.00 $ 1,780 $520.00 $ 2,080 $525.00 $ 2,100 A75 8-09 Raised Pavement Marker Type 2 0.5 HUND $ 1,500.00 $ 750 $560.00 $ 280 $775.00 $ 387.50 $800.00 $ 400 A76 8-21 Permanent Signing 1 LS $ 20,000.00 $ 20,000 $15,000.00 $ 15,000 $8,000.00 $ 8,000 $10,000.00 $ 10,000 A77 8-22 Plastic Stop Line 80 LF $ 16.00 $ 1,280 $10.00 $ 800 $8.50 $ 680 $8.50 $ 680 A78 8-22 Paint Line 170 LF $ 6.00 $ 1,020 $4.00 $ 680 $4.00 $ 680 $3.20 $ 544 A79 8-22 Plastic Crosswalk Line 890 SF $ 10.00 $ 8,900 $6.00 $ 5,340 $5.50 $ 4,895 $5.30 $ 4,717 A80 8-22 Sharrow Bicycle Symbol 19 EA $ 400.00 $ 7,600 $350.00 $ 6,650 $150.00 $ 2,850 $135.00 $ 2,565 Roadside Development A81 8-02 Property Restoration 1 EST $ 30,000.00 $ 30,000 $30,000.00 $ 30,000 $30,000.00 $ 30,000 $30,000.00 $ 30,000 A82 8-02 Topsoil Type A 650 CY $ 50.00 $ 32,500 $42.00 $ 27,300 $36.00 $ 23,400 $37.00 $ 24,050 A83 8-02 Bark or Wood Chip Mulch 70 CY $ 50.00 $ 3,500 $30.00 $ 2,100 $47.00 $ 3,290 $48.00 $ 3,360 A84 8-02 Seeded Lawn Installation 2250 SY $ 2.50 $ 5,625 $2.00 $ 4,500 $1.60 $ 3,600 $1.60 $ 3,600 02/13/18 Total Engineer's Estimate Frank Coluccio Construction Company SCI Infrastructure, LLC. Marshbank Construction, Inc. No. Sec Noon Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A85 8-02 PSIPE Nyssa sylvatica 'David Odom'/ Afterburner Tupelo; 2.5" Cal., 12'-14' H 11 EA $ 500.00 $ 5,500 $350.00 $ 3,850 $400.00 $ 4,400 $400.00 $ 4,400 A86 8-02 PSIPE Pyrus calleryana'Glen's Form'/ Chanticleer Pear; 2.5" Cal., 12'-14' Ht. 9 EA $ 500.00 $ 4,500 $350.00 $ 3,150 $350.00 $ 3,150 $340.00 $ 3,060 A87 8-02 PSIPE Berberis thunbergii 'Concorde'/ Concorde Japanese Barberry; 1 Gal. ( 160 EA $ 18.00 $ 2,880 $16.00 $ 2,560 $12.50 $ 2,000 $13.00 $ 2,080 A88 8-02 PSIPE Calluna vulgaris 'Spring Torch'/ Spring Torch Scotch Heather; 1 Gal. ( 157 EA $ 18.00 $ 2,826 $12.00 $ 1,884 $12.50 $ 1,962.50 $13.00 $ 2,041 A89 8-02 PSIPE Lavandula angustifolia 'Hidcote Blue'/ Hidcote Blue English Lavender; 242 EA $ 18.00 $ 4,356 $12.00 $ 2,904 $11.00 $ 2,662 $11.00 $ 2,662 A90 8-02 PSIPE Spiraea japonica 'Walbuma'/ Magic Carpet Spirea; 1 Gal. Cont. 210 EA $ 18.00 $ 3,780 $12.00 $ 2,520 $10.50 $ 2,205 $11.00 $ 2,310 A91 8-02 PSIPE Teucrium chamaedrys/ Wall Germander; 1 Gal. Cont. 69 EA $ 18.00 $ 1,242 $12.00 $ 828 $12.50 $ 862.50 $13.00 $ 897 A92 8-02 PSIPE Fragaria'Lipstick'/ Lipstick Ornamental Strawberry; 1 Gal. Cont. 405 EA $ 12.00 $ 4,860 $40.00 $ 16,200 $10.50 $ 4,252.50 $11.00 $ 4,455 A93 8-02 PSIPE Helianthemum nummularium 'Fire Dragon'/ Fire Dragon Sunrose; 1 G 595 EA $ 12.00 $ 7,140 $12.00 $ 7,140 $12.50 $ 7,437.50 $13.00 $ 7,735 A94 8-02 PSIPE Rubus calycinoides 'Emerald Carpet'/ Emerald Carpet Creeping Bram 505 EA $ 12.00 $ 6,060 $12.00 $ 6,060 $10.50 $ 5,302.50 $11.00 $ 5,555 A95 8-02 PSIPE Veronica peduncularis 'Georgia Blue'/ Georgia Blue Speedwell; 1 Gal. 800 EA $ 12.00 $ 9,600 $12.00 $ 9,600 $10.50 $ 8,400 $11.00 $ 8,800 A96 8-02 PSIPE Schizachyrium scoparium 'The Blues'/ The Blues Little Bluestem; 1 a 40 EA $ 15.00 $ 600 $12.00 $ 480 $12.00 $ 480 $12.00 $ 480 A97 8-03 Automatic Irrigation System, Complete 1 LS $ 50,000.00 $ 50,000 $35,000.00 $ 35,000 $53,000.00 $ 53,000 $41,000.00 $ 41,000 Schedule A Total $ 3,981,999.00 $ 3,729,716.00 $ 3,187,821.00 $ 3,210,990.50 Schedule A Written $ 3,185,854.50 Schedule B Water B1 1-04 Unexpected Site Changes 1 EST $ 20,000.00 $ 20,000 $20,000.00 $ 20,000 $20,000.00 $ 20,000 $20,000.00 $ 20,000 B2 2-02 Removal of Structure and Obstruction 1 LS $ 15,000.00 $ 15,000 $35,000.00 $ 35,000 $7,800.00 $ 7,800 $150,000.00 $ 150,000 B3 2-02 Removal/Abandonment of Existing Water Main 6000 LF $ 15.00 $ 90,000 $7.00 $ 42,000 $5.00 $ 30,000 $7.00 $ 42,000 B4 2-03 Unsuitable Foundation Excavation & Backfill Incl. Haul 370 CY $ 35.00 $ 12,950 $50.00 $ 18,500 $27.50 $ 10,175 $35.00 $ 12,950 B5 2-09 Shoring or Extra Excavation Class B for Water 22800 SF $ 1.00 $ 22,800 $1.00 $ 22,800 $1.00 $ 22,800 $0.50 $ 11,400 B6 2-09 Trench Backfill Incl. Haul 2080 CY $ 45.00 $ 93,600 $35.00 $ 72,800 $37.00 $ 76,960 $33.00 $ 68,640 B7 5-04 HMA CI 1/2" PG 64-22 340 TON $ 150.00 $ 51,000 $145.00 $ 49,300 $140.00 $ 47,600 $136.00 $ 46,240 B8 7-09 Class 52 Ductile Iron Pipe for Water Main, 4 In. Diam. 40 LF $ 50.00 $ 2,000 $100.00 $ 4,000 $100.00 $ 4,000 $33.00 $ 1,320 B9 7-09 Class 52 Ductile Iron Pipe for Water Main, 6 In. Diam. 86 LF $ 90.00 $ 7,740 $120.00 $ 10,320 $100.00 $ 8,600 $30.00 $ 2,580 B10 7-09 Class 52 Ductile Iron Pipe for Water Main, 8 In. Diam. 183 LF $ 75.00 $ 13,725 $150.00 $ 27,450 $75.00 $ 13,725 $50.00 $ 9,150 B11 7-09 Class 52 Ductile Iron Pipe for Water Main, 10 In. Diam. 26 LF $ 100.00 $ 2,600 $150.00 $ 3,900 $170.00 $ 4,420 $96.00 $ 2,496 B12 7-09 Class 52 Ductile Iron Pipe for Water Main, 12 In. Diam. 3423 LF $ 90.00 $ 308,070 $150.00 $ 513,450 $95.00 $ 325,185 $77.00 $ 263,571 B13 7-09 Connection to Existing Water Main 13 EA $ 1,500.00 $ 19,500 $2,500.00 $ 32,500 $1,750.00 $ 22,750 $4,000.00 $ 52,000 B14 7-09 Additional Class 52 Ductile Iron Pipe Fittings for Water Main 3000 LB $ 10.00 $ 30,000 $2.50 $ 7,500 $5.50 $ 16,500 $2.00 $ 6,000 B15 7-09 Concrete for Thrust Blocking 40 CY $ 300.00 $ 12,000 $130.00 $ 5,200 $280.00 $ 11,200 $400.00 $ 16,000 B16 7-09 Electronic Markers 130 EA $ 15.00 $ 1,950 $40.00 $ 5,200 $120.00 $ 15,600 $250.00 $ 32,500 B17 7-12 Gate Valve 4 In. 1 EA $ 1,000.00 $ 1,000 $1,200.00 $ 1,200 $1,475.00 $ 1,475 $750.00 $ 750 B18 7-12 Gate Valve 6 In. 1 EA $ 1,500.00 $ 1,500 $1,500.00 $ 1,500 $1,400.00 $ 1,400 $850.00 $ 850 B19 7-12 Gate Valve 8 In. 4 EA $ 2,000.00 $ 8,000 $2,000.00 $ 8,000 $1,780.00 $ 7,120 $1,600.00 $ 6,400 B20 7-12 Gate Valve 10 In. 1 EA $ 2,200.00 $ 2,200 $2,500.00 $ 2,500 $2,350.00 $ 2,350 $1,900.00 $ 1,900 B21 7-12 Gate Valve 12 In. 29 EA $ 2,500.00 $ 72,500 $3,000.00 $ 87,000 $2,620.00 $ 75,980 $2,200.00 $ 63,800 B22 7-14 Hydrant Assembly 13 EA $ 6,500.00 $ 84,500 $7,500.00 $ 97,500 $5,200.00 $ 67,600 $6,400.00 $ 83,200 B23 7-15 Service Connection 3/4 In. Diam. 49 EA $ 1,800.00 $ 88,200 $2,000.00 $ 98,000 $1,685.00 $ 82,565 $1,000.00 $ 49,000 B24 7-15 Service Connection 1 In. Diam. 2 EA $ 2,500.00 $ 5,000 $2,500.00 $ 5,000 $2,550.00 $ 5,100 $1,200.00 $ 2,400 B25 7-15 Service Connection 1-1/2" In. Diam. 1 EA $ 3,000.00 $ 3,000 $4,500.00 $ 4,500 $5,000.00 $ 5,000 $3,300.00 $ 3,300 B26 7-15 Service Connection 2" In. Diam. 3 EA $ 3,200.00 $ 9,600 $5,000.00 $ 15,000 $2,500.00 $ 7,500 $2,900.00 $ 8,700 B27 7-15 Service Connection 4" In. Diam. 1 EA $ 5,000.00 $ 5,000 $5,000.00 $ 5,000 $3,000.00 $ 3,000 $2,400.00 $ 2,400 B28 7-15 Temporary Water Service 1 LS $ 20,000.00 $ 20,000 $30,000.00 $ 30,000 $30,000.00 $ 30,000 $90,000.00 $ 90,000 Sewer B29 2-02 Remove Asbestos Cement Sanitary Sewer Force Main 2000 LF $ 25.00 $ 50,000 $10.00 $ 20,000 $25.00 $ 50,000 $7.00 $ 14,000 02/13/18 Total Engineer's Estimate Frank Coluccio Construction Company SCI Infrastructure, LLC. Marshbank Construction, Inc. No. Sec Noon Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost B30 2-09 Shoring or Extra Excavation Class B for Sanitary Sewer 900 SF $ 1.50 $ 1,350 $3.00 $ 2,700 $2.00 $ 1,800 $0.50 $ 450 B31 7-05 Adjust Sewer Manhole 9 EA $ 1,250.00 $ 11,250 $1,000.00 $ 9,000 $500.00 $ 4,500 $1,100.00 $ 9,900 B32 7-05 Replace Sanitary Sewer Frame and Lid 9 EA $ 750.00 $ 6,750 $1,500.00 $ 13,500 $600.00 $ 5,400 $500.00 $ 4,500 B33 7-17 Sanitary Sewer Pipe 8 In. Diam. 60 LF $ 170.00 $ 10,200 $1,500.00 $ 90,000 $250.00 $ 15,000 $500.00 $ 30,000 B34 7-17 Temporary Sewer Bypass System 1 LS $ 15,000.00 $ 15,000 $20,000.00 $ 20,000 $7,000.00 $ 7,000 $34,000.00 $ 34,000 B35 7-17 Sanitary Sewer Television Inspection 1 LS $ 10,000.00 $ 10,000 $2,000.00 $ 2,000 $1,500.00 $ 1,500 $8,500.00 $ 8,500 B36 7-18 Sanitary Side Sewer 320 LF $ 90.00 $ 28,800 $300.00 $ 96,000 $120.00 $ 38,400 $250.00 $ 80,000 B37 7-19 Sanitary Side Sewer Cleanout 16 EA $ 1,200.00 $ 19,200 $600.00 $ 9,600 $650.00 $ 10,400 $200.00 $ 3,200 Schedule B Subtotal $ 1,155,985.00 $ 1,487,920.00 $ 1,060,405.00 $ 1,234,097.00 10% Tax $ 115,598.50 $ 148,792.00 $ 106,040.50 $ 123,409.70 Schedule B Total $ 1,271,583.50 $ 1,636,712.00 $ 1,166,445.50 $ 1,357,506.70 Schedule C 01 1-04 Unexpected Site Changes 1 EST $ 25,000.00 $ 25,000 $25,000.00 $ 25,000 $25,000.00 $ 25,000 $25,000.00 $ 25,000 C2 8-19 Adjust Gas Valve 6 EA $ 250.00 $ 1,500 $1,000.00 $ 6,000 $450.00 $ 2,700 $300.00 $ 1,800 C3 8-31 Unsuitable Foundation Excavation Incl. Haul 230 CY $ 35.00 $ 8,050 $30.00 $ 6,900 $27.50 $ 6,325 $32.00 $ 7,360 C4 8-31 Structure Excavation Class B Incl. Haul for Joint Utility Trench 4330 CY $ 75.00 $ 324,750 $192.00 $ 831,360 $38.00 $ 164,540 $120.00 $ 519,600 C5 8-31 Shoring or Extra Excavation, Class B for Joint Utility Trench 20600 SF $ 1.50 $ 30,900 $5.00 $ 103,000 $1.00 $ 20,600 $10.00 $ 206,000 C6 8-31 Joint Utility Trench Pipe Zone Bedding, Incl. Haul - Communications 320 CY $ 45.00 $ 14,400 $45.00 $ 14,400 $37.00 $ 11,840 $34.00 $ 10,880 C7 8-31 Joint Trench Backfill, Incl. Haul - Communications 1000 CY $ 45.00 $ 45,000 $75.00 $ 75,000 $37.00 $ 37,000 $37.00 $ 37,000 C8 8-31 Crushed Surface Base Course - Structures 430 TON $ 40.00 $ 17,200 $35.00 $ 15,050 $35.00 $ 15,050 $22.00 $ 9,460 C9 8-32 Joint Utility Trench Pipe Zone Bedding, Incl. Haul - SCL 410 CY $ 45.00 $ 18,450 $45.00 $ 18,450 $29.00 $ 11,890 $37.00 $ 15,170 010 8-32 Joint Trench Backfill, Incl. Haul - SCL 2240 CY $ 45.00 $ 100,800 $75.00 $ 168,000 $37.00 $ 82,880 $33.00 $ 73,920 C11 8-32 High Strength FTB - SCL 470 CY $ 250.00 $ 117,500 $416.00 $ 195,520 $100.00 $ 47,000 $210.00 $ 98,700 C12 8-32 CDF - SCL Structures 230 CY $ 125.00 $ 28,750 $125.00 $ 28,750 $100.00 $ 23,000 $145.00 $ 33,350 C13 8-31 Resolution of Utility Conflicts for Joint Utility Trench 1 EST $ 25,000.00 $ 25,000 $25,000.00 $ 25,000 $25,000.00 $ 25,000 $25,000.00 $ 25,000 C14 8-32 Conduit, 3 In. Diam. - SCL LIGHTING 330 LF $ 25.00 $ 8,250 $18.00 $ 5,940 $16.00 $ 5,280 $19.00 $ 6,270 C15 8-32 Conduit, 3 In. Diam. - SCL 2600 LF $ 18.00 $ 46,800 $18.00 $ 46,800 $18.00 $ 46,800 $19.00 $ 49,400 C16 8-32 Conduit, 4 In. Diam. - SCL 12400 LF $ 25.00 $ 310,000 $20.00 $ 248,000 $21.00 $ 260,400 $21.00 $ 260,400 C17 8-32 Street Lighting Conduit Bend, 3 In. Diam. - SCL 24 EA $ 600.00 $ 14,400 $350.00 $ 8,400 $389.00 $ 9,336 $750.00 $ 18,000 C18 8-32 Primary Conduit Bend, 4 In. Diam. - SCL 66 EA $ 750.00 $ 49,500 $500.00 $ 33,000 $390.00 $ 25,740 $850.00 $ 56,100 C19 8-32 Secondary Conduit Bend, 4 In. Diam. - SCL 105 EA $ 750.00 $ 78,750 $500.00 $ 52,500 $500.00 $ 52,500 $850.00 $ 89,250 C20 8-33 Service Conduit Bend, 3 In. Diam. - SCL 164 EA $ 600.00 $ 98,400 $350.00 $ 57,400 $400.00 $ 65,600 $750.00 $ 123,000 C21 8-31 Install Conduit, 2 In. Diam. - CENTURYLINK 2200 LF $ 8.00 $ 17,600 $10.00 $ 22,000 $5.25 $ 11,550 $10.00 $ 22,000 C22 8-31 Install Conduit, 4 In. Diam. - CENTURYLINK 7400 LF $ 10.00 $ 74,000 $12.00 $ 88,800 $7.30 $ 54,020 $16.00 $ 118,400 C23 8-31 Install Conduit, 2 In. Diam. - COMCAST 2000 LF $ 8.00 $ 16,000 $10.00 $ 20,000 $5.25 $ 10,500 $10.00 $ 20,000 C24 8-31 Install Conduit, 4 In. Diam. - COMCAST 6500 LF $ 10.00 $ 65,000 $12.00 $ 78,000 $7.30 $ 47,450 $16.00 $ 104,000 C25 8-32 Conduit Riser - SCL 10 EA $ 2,500.00 $ 25,000 $5,000.00 $ 50,000 $1,360.00 $ 13,600 $2,000.00 $ 20,000 C26 8-31 Conduit Riser - CENTURYLINK 7 EA $ 1,500.00 $ 10,500 $3,000.00 $ 21,000 $850.00 $ 5,950 $2,500.00 $ 17,500 C27 8-31 Conduit Riser - COMCAST 8 EA $ 1,500.00 $ 12,000 $3,000.00 $ 24,000 $850.00 $ 6,800 $2,500.00 $ 20,000 C28 8-31 Core Drill Existing Vault - CENTURYLINK 2 EA $ 2,000.00 $ 4,000 $2,000.00 $ 4,000 $415.00 $ 830 $500.00 $ 1,000 C29 8-31 Core Drill Existing Vault - COMCAST 2 EA $ 2,000.00 $ 4,000 $2,000.00 $ 4,000 $415.00 $ 830 $500.00 $ 1,000 C30 8-32 Utility Structure, SCL Type 3 Handhole 2 EA $ 5,000.00 $ 10,000 $6,000.00 $ 12,000 $2,500.00 $ 5,000 $5,300.00 $ 10,600 C31 8-32 Utility Structure, SCL 233 -LA Handhole 13 EA $ 5,000.00 $ 65,000 $10,000.00 $ 130,000 $2,600.00 $ 33,800 $6,200.00 $ 80,600 C32 8-32 Utility Structure, SCL 504 -LA Handhole 3 EA $ 6,000.00 $ 18,000 $25,000.00 $ 75,000 $4,850.00 $ 14,550 $4,900.00 $ 14,700 C33 8-32 Utility Structure, SCL 577 -LDA Vault 5 EA $ 8,000.00 $ 40,000 $50,000.00 $ 250,000 $8,500.00 $ 42,500 $9,000.00 $ 45,000 C34 8-31 Install Utility Structure, CENTURYLINK 264 -TA Vault 1 EA $ 2,000.00 $ 2,000 $10,500.00 $ 10,500 $330.00 $ 330 $4,000.00 $ 4,000 C35 8-31 Install Utility Structure, CENTURYLINK Pedestal 11 EA $ 1,500.00 $ 16,500 $2,500.00 $ 27,500 $200.00 $ 2,200 $1,000.00 $ 11,000 02/13/18 Total Engineer's Estimate Frank Coluccio Construction Company SCI Infrastructure, LLC. Marshbank Construction, Inc. No. Section on Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost C36 8-31 Install Utility Structure, CENTURYLINK 467 -TA Vault 6 EA $ 4,000.00 $ 24,000 $14,000.00 $ 84,000 $330.00 $ 1,980 $1,000.00 $ 6,000 C37 8-31 Install Utility Structure, CENTURYLINK 3048 Vault 5 EA $ 4,000.00 $ 20,000 $8,000.00 $ 40,000 $430.00 $ 2,150 $1,000.00 $ 5,000 C38 8-31 Install Utility Structure, CENTURYLINK 1730 Hand Hole 1 EA $ 2,000.00 $ 2,000 $1,500.00 $ 1,500 $430.00 $ 430 $1,000.00 $ 1,000 C39 8-31 Install Utility Structure, CENTURYLINK 3x5' Vault 1 EA $ 4,000.00 $ 4,000 $5,000.00 $ 5,000 $430.00 $ 430 $1,000.00 $ 1,000 C40 8-31 Install Utility Structure, COMCAST 2436 Vault 1 EA $ 2,000.00 $ 2,000 $4,000.00 $ 4,000 $200.00 $ 200 $1,000.00 $ 1,000 C41 8-31 Install Utility Structure, COMCAST 1419 Vault 5 EA $ 1,500.00 $ 7,500 $1,000.00 $ 5,000 $60.00 $ 300 $1,000.00 $ 5,000 C42 8-31 Install Utility Structure, COMCAST 3048 Vault 8 EA $ 4,000.00 $ 32,000 $8,000.00 $ 64,000 $330.00 $ 2,640 $2,000.00 $ 16,000 C43 8-31 Install Utility Structure, COMCAST 1730 Vault 6 EA $ 2,000.00 $ 12,000 $1,200.00 $ 7,200 $200.00 $ 1,200 $2,000.00 $ 12,000 C44 8-31 Install Utility Structure, COMCAST Pedestal 2 EA $ 1,500.00 $ 3,000 $2,500.00 $ 5,000 $200.00 $ 400 $2,000.00 $ 4,000 C45 8-31 Install Utility Structure, COMCAST 2436 Intercept Vault 1 EA $ 2,000.00 $ 2,000 $6,000.00 $ 6,000 $200.00 $ 200 $2,000.00 $ 2,000 C46 8-31 Install Utility Structure, COMCAST 1419 Intercept Vault 1 EA $ 1,500.00 $ 1,500 $2,000.00 $ 2,000 $650.00 $ 650 $2,000.00 $ 2,000 C47 8-31 Install Utility Structure, COMCAST 3x5' Intercept Vault 1 EA $ 4,000.00 $ 4,000 $7,000.00 $ 7,000 $430.00 $ 430 $2,000.00 $ 2,000 C48 8-33 Conduit, 3 In. Diam. - SCL Private Service 1400 LF $ 16.00 $ 22,400 $16.00 $ 22,400 $18.00 $ 25,200 $19.00 $ 26,600 C49 8-33 Install Conduit, 2 In. Diam. - CENTURYLINK Private Service 1600 LF $ 10.00 $ 16,000 $10.00 $ 16,000 $7.30 $ 11,680 $11.00 $ 17,600 C50 8-33 Install Conduit, 2 In. Diam. - COMCAST Private Service 1600 LF $ 10.00 $ 16,000 $10.00 $ 16,000 $7.30 $ 11,680 $11.00 $ 17,600 C51 8-33 13951 53rd Ave S, Service Conversion 1 LS $ 6,000.00 $ 6,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $5,300.00 $ 5,300 C52 8-33 13969 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C53 8-33 5216 S 142nd St, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,000.00 $ 4,000 C54 8-33 14205 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C55 8-33 14207 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C56 8-33 14219 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C57 8-33 14225 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C58 8-33 14231 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C59 8-33 14239 53rd Ave S, Service Conversion 1 LS $ 6,000.00 $ 6,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C60 8-33 14241 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C61 8-33 14247 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C62 8-33 14255 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C63 8-33 14261 53rd Ave S, Service Conversion 1 LS $ 6,000.00 $ 6,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C64 8-33 5218 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C65 8-33 13726 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C66 8-33 13738 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C67 8-33 13744 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $5,300.00 $ 5,300 C68 8-33 13902 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C69 8-33 13910 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $6,400.00 $ 6,400 C70 8-33 13924 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $5,800.00 $ 5,800 C71 8-33 14004 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C72 8-33 14010 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C73 8-33 14028 53rd Ave S, Service Conversion 1 LS $ 20,000.00 $ 20,000 $9,000.00 $ 9,000 $4,500.00 $ 4,500 $8,000.00 $ 8,000 C74 8-33 14030 53rd Ave S, Service Conversion 1 LS $ 8,000.00 $ 8,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C75 8-33 14038 53rd Ave S, Service Conversion 1 LS $ 8,000.00 $ 8,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $7,200.00 $ 7,200 C76 8-33 14038.5 53rd Ave S, Service Conversion 1 LS $ 15,000.00 $ 15,000 $9,000.00 $ 9,000 $4,500.00 $ 4,500 $8,000.00 $ 8,000 C77 8-33 13970 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,800.00 $ 4,800 C78 8-33 14108 53rd Ave S, Service Conversion 1 LS $ 8,000.00 $ 8,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C79 8-33 14128 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C80 8-33 14202 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C81 8-33 14210 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C82 8-33 14218 53rd Ave S, Service Conversion 1 LS $ 7,000.00 $ 7,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 02/13/18 Total Engineer's Estimate Frank Coluccio Construction Company SCI Infrastructure, LLC. Marshbank Construction, Inc. No. SectiNoon Item Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost C83 8-33 14234 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C84 8-33 14250 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C85 8-33 14258 53rd Ave S, Service Conversion 1 LS $ 4,000.00 $ 4,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C86 8-33 14264 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C87 8-33 14272 53rd Ave S, Service Conversion 1 LS $ 5,000.00 $ 5,000 $9,000.00 $ 9,000 $3,600.00 $ 3,600 $4,200.00 $ 4,200 C88 8-33 Service Conversion, Property Restoration 1 EST $ 60,000.00 $ 60,000 $60,000.00 $ 60,000 $60,000.00 $ 60,000 $60,000.00 $ 60,000 C89 8-34 Franchise Utility Coordination 1 LS $ 25,000.00 $ 25,000 $10,000.00 $ 10,000 $6,660.00 $ 6,660 $13,000.00 $ 13,000 C90 8-35 Temporary Utility Pole Support 4 EA $ 6,000.00 $ 24,000 $3,000.00 $ 12,000 $1,000.00 $ 4,000 $1,000.00 $ 4,000 Schedule C Subtotal $ 2,235,400.00 $ 3,481,370.00 $ 1,453,621.00 $ 2,529,060.00 10% Tax $ 223,540.00 $ 348,137.00 $ 145,362.10 $ 252,906.00 Schedule C Total $ 2,458,940.00 $ 3,829,507.00 $ 1,598,983.10 $ 2,781,966.00 Schedule C Written Subtotal $ 1,453,561.00 10% Tax Written $ 145,356.10 Schedule C Written Total $ 1,601,917.10 $ 7,712,522.50 $ 9,195,935.00 Governed: Written Total: $ 5,953,249.60 $ 7,350,463.20 $ 5,954,217.10 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: February 23, 2018 SUBJECT: 53rd Ave South (S 137th St — S 144th St) Project No. 99110301, Contract No. 15-159 Supplemental Agreement No. 4 for Construction Management Services ISSUE Execute Supplemental Agreement No. 4 with KPG, Inc. to provide construction management services for the 53rd Ave. S. project. BACKGROUND The 53rd Avenue South Project will construct roadway, drainage, sidewalks, illumination, water and sewer upgrades, and undergrounding of overhead utilities between South 137th Street and South 144th Street. Construction bids were opened on February 13, 2018. A construction contract is anticipated to be awarded soon. DISCUSSION KPG's Consultant Agreement No. 15-159 consists of developing project plans, specifications, and cost estimates for the 53rd Ave S Project. KPG was selected to also provide construction management services as an optional supplement to the design contract. KPG completed the design of the project and therefore are the most knowlegable about the project. Staff have been satisfied with work on this project as well as other projects they have provided construction management on. FINANCIAL IMPACT KPG has prepared the attached contract, scope of work, and fee estimate to provide the necessary construction management services for the 53rd Ave. S. project. The 2017 CIP has $870,000 budgeted for construction management. KPG Supplement Agreement No. 4, Construction Mgmt RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 4 with KPG, Inc. in the amount of $858,842.00 for construction management services of the 53rd Ave. S. project and consider this item on the Consent Agenda at the March 5, 2018 Regular Meeting. Contract Budget $858,842.00 $ 870,000.00 Attachments: Page 3, 2017 CIP sheet Supplemental Agreement No. 4 WAPW Eng1PROJECTSIA- RW & RS Projects153rd Ave S (99110301)\CN Management\Docs to TICAInfo Memo KPG Supp #4 CM.docx 37 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 53rd Ave S (S 137th St - S 144th St) Project No. 99110301 Design and construct urban residential street improvements that include curb, gutter, sidewalk, undergrounding, and illumination. Street will coordinate with Water $1.1m, Sewer $185k, and Surface Water $920k CIP projects. Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization. Undergrounding is included at this time. Reduce pavement, shoulder, and drainage work. State TIB grant for 52.14M for roadway and drainage. See additional pages in Enterprise funds under 53rd Ave S Projects. Seattle City Light is now negotiating a 60/40 underground split and undergrounding costs have been added to project. Bond for $2 million. FINANCIAL (in $000's) Through Estimated 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 83 107 3 193 Land (R/W) 2 98 100 Const. Mgmt. 435 435 870 Construction 1;050 1,050 2,100 Undergrounding 1,125 1,125 2,250 TOTAL EXPENSES 85 205 2,613 2,610 0 0 0 0 0 5,513 FUND SOURCES Utilities W/S/SWM 25 25 Awarded TIB Grant 900 900 Remainder of grant. in SWM 1,800 Seattle City Light 675 675 1,350 Bond 1,000 1,000 2,000 City Oper. Revenue 60 205 38 35 0 ' 0 0 0 t7 338 TOTAL SOURCES 85 205 2,613 2,610 0 0 0 0 0 5,513 2017 - 2022 Capital provement Program 38 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #4 Between the City of Tukwila and KPG Inc. That portion of Contract No. 15-159 between the City of Tukwila and KPG Inc. is amended as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide construction services in accordance with the scope of work included as Exhibit A-4. Article 3 - Duration of Agreement; Time for Performance shall be modified as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2019, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon 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 no later than June 30, 2019 unless an extension of such time is granted in writing by the City. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B-4, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $858, 842.00 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $1,514,431.69 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk City Attorney Page 1 of 1 39 EXHIBIT A-4 Construction Management Services Scope of Work February 2018 City of Tukwila 53rd Ave S (S 144th Street to S 137th Street) Project No. 99110301 TIB Project No.: 8-1-116(012)-1 KPG Project #: 15085 This work will provide construction management services for the construction contract to complete the following; Construction of approximately 2200 linear feet of street improvements within and outside of the right-of- way of 53rd Ave S, including but not limited to construction of asphalt roadway, curb, gutter, planters, and sidewalk; retaining walls; roadway excavation, and hot mix asphalt overlay; new storm conveyance and treatment system; new utility water main; undergrounding of existing franchise utilities with joint utility trench and service conversions; utility adjustments; illumination; landscaping; channelization and signing; and other work necessary to complete the Work as specified and shown in the Contract Documents. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The proposed project team will include one part-time project manager, one resident engineer, one documentation control specialist, one inspector, design team support as required, sub - consultants to provide services for materials testing, and other supporting tasks as deemed necessary. It is anticipated that full-time site observation will be required for the entire duration of construction. • The level of service is based on project duration of approximately 11 months, or 215 working days with 10 days prior to construction and 10 days for closeout — total of 235 working days, 8 hour days. • It is anticipated that the client will review and execute the insurance, bonds, and the Construction Contract. City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 1 of 9 KPG Project #15085 February 2018 40 EXHIBIT A-4 • KPG field staff will perform day to day public outreach to ensure affected residents are notified in advance of impending contractor activities. • The design engineers from KPG will be available during construction to answer questions during construction and review RAMs, shop drawings, and answer RFIs. The engineer of record will be available to provide background information on the design should it be necessary. • Services will be performed in accordance with the Contract plans & special provisions, WSDOT Local Agency Guidelines ("LAG"), the WSDOT Construction Manual, and the client engineering standards. • The franchise utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems not constructed by the Client's Contractor, if necessary. • Client/Field Office: The Contractor will provide a field office as required by the contract documents. The Consultant's field staff shall have access to the field office. II. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the client by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for, and ultimately that the client receives a successful review by TIB at the end of the Project. TASK 1— MANAGEMENT/COORDINATION/ADMINISTRATION Provide overall project management, coordination with the client, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures and CM team scope activities. Prepare and submit project progress letters to the client along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source. Deliverables • Monthly invoices and progress reports. TASK 2 — DESIGN SUPPORT 2.1 Engineer of record will attend preconstruction conference to answer any questions as needed. City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 2 of 9 KPG Project #15085 February 2018 41 EXHIBIT A-4 2.2 Provide additional design, right of way and utility support to coordinate final franchise utility plans, establish franchise utility working days for energization and wreckout of aerial system, and support condemnation and outstanding license to construct attainment as required. 2.3 Provide overall project design support, coordination with the client, review Submittals, respond to RFI's, and provide support during Field Work Directives, change orders, minor changes, etc. An allowance of $5,000 is included in the budget for support from the geotechnical consultant. Deliverables • Submittal Review Comments • Responses to RFI's, etc. TASK 3 — PRECONSTRUCTION SERVICES 3.1 Utility Coordination Meeting: Prepare for and attend utility meeting prior to start of construction. 3.2 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the client's offices. The Consultant's project manager, resident engineer, inspectors, and document control specialist will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre -construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, Federal, State, and local requirements, EEO, apprenticeship requirements, and any other items that will result in better project understanding among the parties involved. 3.3 Develop ROM: The Consultant will develop a Record of Materials (ROM). Deliverables • Preconstruction conference agenda with meeting minutes • Preconstruction photos TASK 4 — CONSTRUCTION OBSERVATION 4.1 The Consultant shall provide the services of a resident engineer during construction activities and one full-time inspector, and other tasks necessary to monitor the progress of the work. Construction staff shall oversee all work required under the project construction contract plans and specifications on the project site, and will observe the technical progress of the construction, including providing day- to-day contact with the Contractor and the client. Field inspection staff will perform the following duties as a matter of their daily activities: i. Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, Client and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the Standard Specifications. City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 3 of 9 KPG Project #15085 February 2018 42 EXHIBIT A-4 Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the Client of any non -conforming work observed during site visits. iii. Document all material delivered to the job site in accordance with the LAG Manual. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. All daily inspection reports will adhere to WSDOT Local Agency Guidelines. v. Interpret Contract Documents in coordination with Client and the Client's Contractor. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. viii. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. ix. Prepare field records and documents to help assure the Project is administered in accordance with funding agency requirements. x. Collect and calculate delivery tickets and scaleman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10- 2). xi. Attend and actively participate in regular on-site weekly construction meetings. xii. Take periodic digital photographs during the course of construction, and record locations. xiii. Coordinate with the Client's traffic operations and maintenance personnel. xiv. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with the Client and those agencies. 4.2 Material Testing: Coordinate with the Contractor and the Material testing firm to schedule testing of materials in the field meet specifications. 4.3 Utility Coordination: Coordinate with the various utility companies and contractor regarding utility work. Consultant shall provide opportunities for each entity to coordinate and shall make every effort possible to ensure coordination efforts are timely, effective, and executed to the benefit of the project. Consultant cannot guarantee client's Contractor or Franchise Utilities performance of work. 4.4 Close Out: Upon substantial completion of work, coordinate with the client and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the client. Assumptions: City of Tukwila 53rd Ave 5 Page 4 of 9 KPG Construction Management Services Project #15085 Scope of Work February 2018 43 EXHIBIT A-4 • Consultant will provide observation services for the days/hours that the Contractor's personnel are on-site. o Assumption is client's Contractor shall work normal 40 hour work weeks. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the client, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractor's performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or client's expectations. Deliverables • Daily Construction Reports with project photos — submitted on a weekly basis • Punch List, Certificate of Substantial Completion • Review test reports for compliance TASK 5 — CONSTRUCTION SERVICES — OFFICE 5.1 Document Control. The Consultant shall provide the services of a full-time document control specialist. Original documentation will be housed at KPG's Tacoma office, and filed in accordance City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 5 of 9 KPG Project #15085 February 2018 44 EXHIBIT A-4 with standard filing protocol to meet WSDOT Highways & Local Program Requirements & City of Tukwila requirements. Document Control also consists of preparing Final Project Reports for the Client and includes: • Final Estimate (Approving Authority File) • Comparison of Preliminary and Final Quantities (Approving Authority File) • Final Records as identified in WSDOT LAG (Approving Authority File) • Record of Material Samples and Tests • Affidavit of Wages Paid • Release for the Protection of Property Owners and General Contractor • Property owner and environmental commitment file 5.2 Project Coordination: Liaison with Client, construction contractor, engineer and utilities on a regular basis to discuss project issues and status. 5.3 Utility Coordination: Liaison with franchise utilities on a regular basis to assess status of relocation activities, coordinate with both Contractor and utilities in the event of unforeseen utility conflicts, and coordinate with both Contractor and utilities to protect existing utilities during construction. 5.4 Material Testing - Documentation: Compiling, recording, and distribution of any testing reports. 5.5 Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. 5.6 Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. 5.7 Lump Sum Breakdown: Evaluate construction contractor's Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated with detailed data per WSDOT LAG Requirements. 5.8 Monthly Pay Requests: Prepare monthly requests for payment, review with the client, contractor, and approve as permitted. Utilize client provided format for pay estimates, or Consultant format. 5.9 Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and compare with field -observed progress. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for delays and impacts. Coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. 5.10 Certified Payroll: Process and track all certified payroll per WSDOT Highways & Local Program Requirements. This includes verifying the initial payroll for compliance and 10% of all payrolls City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 6 of 9 KPG Project #15085 February 2018 45 EXHIBIT A-4 submitted thereafter, and tracking payroll each week. Payroll and payroll logs will adhere to WSDOT LAG requirements. 5.11 Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. 5.12 TIB Reporting/Coordination: Prepare and track all necessary reports and documentation for pay requests, scope changes, and change orders. 5.13 Subcontractor Documentation: Process/approve all required subcontractor documentation per WSDOT Highways & Local Program Requirements. Request to Sublets will be verified and logged. This includes verifying business licensing, reviewing insurance documentation, verifying client business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into WSDOT's subcontractor logs. 5.14 Cost Projections: Prepare up to four cost projections for the project. Projections to be based on the current amount paid to date, pending change orders, quantity projections, and other information. A memo to file at substantial completion will be written outlining all of the over/under-run in accordance with the WSDOT LAG and CM Manual. 5.15 Record Drawings: Review record drawings prepared by the Contractor and Utilities, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. A final AutoCAD set of Record Drawings will be prepared based on redline construction records. 5.16 Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor, and recommend that client and/or Utilities accept the project. 5.17 Project Closeout: Transfer all project documents to the client for permanent storage. A thumb drive or CD will be provided with all electronic documents and pictures. 5.18 Environmental Permitting: The Consultant will review the Contractor's SWPPP and Construction Stormwater General Permit monitoring plan prepared by the Contractor. The Contractor shall be responsible for implementation and permit compliance. 5.19 Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the Client for their review and approval. Submittals shall be logged and tracked. 5.20 Request for Information ("RFI"): Review and respond to RFIs. RFIs shall be logged and tracked. 5.21 Record of Materials ("ROM"): Utilize ROM and update based on Special Provisions and Plans for use on the project, based on the contract specifications and WSDOT/LAG requirements. Maintain the ROM according to WSDOT Highways & Local Program Requirements. The ROM will track all of the materials delivered to the site including manufacturer/supplier, approved RAMS, QPL items, material compliance documentation, and all other required documentation. 5.22 Change Management Logs: Develop and maintain a case log that includes change orders, RFPs, and Field Work Directives per Highway & Local Programs Guidelines City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 7 of 9 KPG Project #15085 February 2018 46 EXHIBIT A-4 5.23 Change Orders: All change orders must be authorized by the client prior to issuance to the Contractor. Develop change orders per Highway & Local Programs Guidelines, provide technical assistance to negotiate change orders, and assist in resolution of disputes that may occur during the course of the project. Each change order will be executed in accordance with WSDOT Local Agency Guidelines and contain the following: • Change order • Independent Cost Estimate • Time Impact Analysis • Contractor's Pricing • Verbal Approval Memo • Change Order Checklist (LAG Manual) • Back up documentation 5.24 Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. 5.25 Minor Change Orders: Develop minor change orders per WSDOT Highways & Local Program Requirements. Each minor change order will be executed in accordance with WSDOT Local Agency Guidelines and contain the following: • Independent Cost Estimate • Verbal Approval Memo • Back up documentation 5.26 Force Account: Track contractor force account labor, equipment, and materials. Provide payment according to WSDOT requirements. All force account calculations will be verified by the engineer and double checked by the documentation specialist per WSDOT LAG Manual. Deliverables • Submittal log • RFI Log • Completed Record of Material for Material Certification • Change Order(s) • Change Management Log • RFI Log • Minor Change Order(s) • Force Account Records • Record drawings in electronic and hard copy mylar format Assumptions • It is assumed that upon Physical Completion of this project the Consultant's obligation of this scope shall be met and all documentation for the project shall be turned over to the City of Tukwila. • No night inspection will be required on this project. TASK 6 — SURVEY & MATERIAL TESTING City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 8 of 9 KPG Project #15085 February 2018 47 EXHIBIT A-4 6.1 Survey Support: Consultant will provide on call survey spot checks as requested by City or CM team. Construction surveying is the Contractors responsibility. 6.2 Material Testing: Coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and address deficiencies. Frequency of testing shall be as prescribed in the WSDOT Construction Manual and LAG manual. Materials testing will be performed by a Sub -consultant. The Sub -consultant will meet qualified tester requirements as identified in WSDOT LAG 52.3.32 for projects on NHS highway systems. A budget allowance of $50,000 is included in the budget. Assumptions • Contractor shall be responsible for utilizing their own PLS additional survey necessary to construct the Work. TASK 7 - ADDITIONAL SERVICES Additional services requested by the client, will be performed only when authorized by the client. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach (except as completed on a day to day basis by the inspector and resident engineer as described herein), Public Meetings, Ribbon Cutting Ceremony, claims analysis, additional surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. This fee is based on 235 working days (two weeks prior to construction, 215 working day contract and two weeks for closeout, 8 hour days), additional extension of days will be approximately $3,000 per day. City of Tukwila 53rd Ave 5 Construction Management Services Scope of Work Page 9 of 9 KPG Project #15085 February 2018 48 FEE SUMMAR 7 N O � CS) co � O O CO O O Z O m_ 1— F Y KPG No. 15085 .c r 0 E e- e- 0 d K 0 O LL L 0. 0. cc • ++ _ Q L O in 3 '' c U N Estimated Fee O 0 U) 0 $ 28,643 $ 73,397 $ 21,972 N O 1.0 N O co O v - O 1- M $ 64,328 Ef} Ef? Task 1 - Management/Coordination/Administration Task 2 - Design Support Task 3 - Preconstruction Services Task 4 - Construction Observation Task 5 - Construction Services - Office Task 6 - Survey & Material Testing co 0 H w m U N a < 0 L (p co c▪ c cot Y .2 O U - 2 ▪ L O U U 49 CO CN 7 L N u_ Fee Estimate EXHIBIT B-4 HOUR AND FEE ESTIMATE Project: City of Tukwila TIB No. 8-1-116(012)-1 53rd Ave S Tukwila # 99110301 interdisciplinary Design Construction Services Fee KPG No. 15085 235 working days / Approx 11 mo (10 days prior to Construction; 215 working days; 10 days for closeout) Total Fee 0) Task 1 - Management/Coordination/Administration 1.1 Project Organization and Layout 60 0 0 0 8 0 0 24 $ 16,023 1.2 Monthly Review and Invoicing 40 0 0 0 8 0 0 24 $ 11,870 General Project Management and Coord. 0 0 0 0 0 0 0 0 $ Reimbursable expenses see breakdown for details $ 750.00 Task Totals I 100 0 0 0 16 0 0 48 $ 28,643 Task 2 - Design Support during Construction 2.1 Preconstruction Conference 2 8 0 0 0 0 0 0 $ 1,329 2.2 Right of way and utility support 40 320 24 16 40 0 0 0 $ 55,194 2.3 Design Support during Construction 0 100 0 0 0 0 0 0 $ 11,423 Reimbursable expenses - see breakdown for details', $ 5,450 Task Total 42 428 24 16 40 0 0 0 $ 73,397 I Task 3 - Preconstruction Services 3.1 Utility Coordination Meeting 8 24 0 0 40 40 20 0 $ 15,265 3.2 Preconstruction Conference 2 4 0 0 4 4 8 0 $ 2,445 3.3 Develop ROM 0 0 0 0 10 0 20 0 $ 2,762 Reimbursable expenses - see breakdown for details $ 1,500 Task Total 10 28 0 0 54 44 48 0 $ 21,972 Task 4 - Construction Observation 4.1 Construction Observation 16 40 0 0 400 1780 0 0 $ 261,537 4.2 Material Testing - Field Coordination 0 0 0 0 80 40 0 0 $ 13,812 4.3 Utility Coordination - Field Inspector 0 0 0 0 40 80 0 0 $ 13,915 4.4 Closeout - Inspection 0 8 0 0 24 40 0 0 $ 8,328 Reimbursable expenses - see breakdown for details $ 5,000 Task Total 16 48 0 0 544 1940 0 0 $ 302,592j LJ - *Project *Project *Engineer *Survey *Resident *Const *Doc *Office Manager Engineer Technician Crew Engineer Inspector Specialist Admin $ 207.69 $ 114.23 $ 97.36 $ 214.18 $ 114.23 $ 116.83 $ 81.00 $ 110.34 U > E < 4) '� co C 1 03 2 07 .0 i6 U 'E F 4- v 73 O W O N O O tL 50 EXHIBIT B-4 HOUR AND FEE ESTIMATE 53rd Ave S Construction Services Fee 235 working days / Approx 11 mo (10 days prior to Construction; 215 working days; 10 days for closeout) 0) 0) Ll. 0) 0) (0 0 H u- 0 U M o C N W x Eft c C0 0) .CC CO 0) • U .0). O 0 1) 1) L M N N O C_ 20) 0 0 W Eta 0) N CO it 5 Eft 0. 1 v N 1- Task 5 - Construction Services - Office 0 0 O 0 0 0 0 0 0 0 0 CO0 d 0 0 0 O O 0 10 LO Cr' CO M N Eft Eft''. Eft Eft Eft Eft 0) 10 00 T 0 d7 Ef3 Oft .00 o O 0 N O ON CO O O O O cot. O d' O O CO 0 (V 00 c - CC) 0 O 0 N - H3 0 Eft 0 Eft 0 N 0 N- I,- co 10 Eft 0 Eft 0 d 0 0 Eft CO 10 N N Cr) r 0 Eft 0 0 0 (V CO T N 10 N 00 N 0) c`i Eft 0 O N 0 c- O <n d 0 n O d u). H3. E13........ Ef3....... Ef3 0 0 0 0 O N O d d 0 0 O O O ° O d O d N T 0 0 N N C•° 0 OD 00 N d' M 00 N M N 0 0 0 0 0 0 0 0 0 0 0 CO CO CO CO N 0 0 0 0 N N N N ( pp N) 0(0 M N 0 0 0 0 0 0 0 0 0 0 0 0 0 O0 O',0 0 0 0 0 0 0 0 CO O 00 0 0 0 0 0 10 N 10 M 10 10 to 0 10 117 0 O 0 0 0 0 0 O Om........0 0........0 0 0 0 00 O O O 00 0,, d' 0 O O 0 O O 0 O 0 0 0 0 0 0 (0 0 0 T 0 0 00 CO OO O O 0 0 00 0 N 0 0 0 00 N 0 I�- 0 Eft. 0, 0 d•, 0 Eft 0 as0 Y cc co Q) C O W CO 0) Lt i _ CO N >O G O " 0) >_ O u 0O 0 0 -- 0 0 (0 <A O) j 0) 0- Y a) c O o E di E a) U 22. 0) a) = O, E U _ O O �O N � 8 O_ 0) �- O L co(1) 07 0 0 E O c a5 2 N 0) 0 2 2-8 d o o m 0 U E' o o 2 p o c vici a) > o a 0 0 o a) w U Q E E p p w oo. 0 00) -C .(10-2, C 0 0 L 00 J cG U 7 H (A U W W W W CA U U tL W 10 of 10 CS) O �- N M d T T T T T tri tri tri tri tri N 0) J 1.0 0 t`- 00 0) 0 N 0 d• 10 0 TIT T T,,T N......N N ('4 (V 04 C4 tri tri tri tri tri tri tri tri 1.0 tfi 1.f) 10 O 0) 1- 10 M EA t0 M 0 to M 00 (0 N 0 O (0 0 1- (0 0) 0 a� in > m <0Ei -a as 10 co 2 0) Y o io F 0 •E v 0) O W t001)i U U u- 51 51 EXHIBIT B-4 HOUR AND FEE ESTIMATE Project: City of Tukwila TIB No. 8-1-116(012)-1 53rd Ave S Tukwila # 99110301 interdisciplinary Design Construction Services Fee KPG No. 15085 235 working days / Approx 11 mo (10 days prior to Construction; 215 working days; 10 days for closeout) Total Fee 0) Task 6 - Survey & Material Testing 6.1 Survey Support 0 20 30 40 0 0 0 0 $ 13,773 6.2 Material testing 0 0 0 0 0 0 0 0 $ - Reimbursable expenses see breakdown for details $ 50,555 Task Total 0 20 30 40 0 0 0 0 $ 64,328 I Total Hours 268 792 190 56 1790 2112 1904 80 Subtotal: $ 858,842 LJ - *Project *Project *Engineer *Survey *Resident *Const *Doc *Office Manager Engineer Technician Crew Engineer Inspector Specialist Admin $ 207.69 $ 114.23 $ 97.36 $ 214.18 $ 114.23 $ 116.83 $ 81.00 $ 110.34 U V! L > E < co C 1 CO 2 07 .0 i6 F 'E 4- v 73 5 W O N O O tL 52 EXHIBIT B-4 HOUR AND FEE ESTIMATE 8-1-116(012)-1 Tukwila # 99110301 Construction Services Fee 0 E Reimbursable Breakdown 0 :13 2 1,1 0 0 a) E c ,„ _C -0 0 0- 0 t a) a) CN CD -V C. a. 1— cn 0) csi ca Task 4 - Construction Observation 0000 000 0 0 0 0 0 0 0 0 0 0. 0. 0 1001() tri QQQO LO LO 145 C ts- LO LO c‘i00 r -L7 LO LO EA- ER ER- 40 0 co 4.1014, 0 0 0 0 M C o 0 To 0 I— CS) — ' ccs m (i) 2 t— oo -V Total Reimbursable Costs: $ 54 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: February 23, 2018 SUBJECT: Tukwila 205 Levee Certification Project No. 91341203, Contract No. 14-164 Tukwila Levee Rehabilitation ISSUE Provide an update on a US Army Corps (Corps) and King County Flood District (Flood District) project to repair the Tukwila 205 Levee. BACKGROUND In January 2016, staff working with the Flood District, submitted a levee rehabilitation request to the Corps. This request listed two areas along the Tukwila 205 Levee where slumping had occurred during earlier flood events. Site 1 is located near the Tukwila 205 Cutoff Levee and is approximately 120 feet in length. Site 2 is adjacent to the Mitchel Moving and Storage building. The Corps reviewed this request and determined that both sites are eligible for repair under the Corps PL -8499 Levee Rehabilitation program. The Flood District was interested in expanding the Site 2 project to include the area immediately downstream and adjacent to the Segale Properties Corporate Office building. The Corps agreed with the understanding that the Flood District would reimburse the Corps for 100% of costs for the added work. This added area was designated as Site 3. DISCUSSION The Site 1 repair is limited and will be repaired within its original footprint without setting the levee back or using a floodwall. Minor plantings will also be done at this location. The Site 2 repair was originally scoped as a setback levee requiring the purchase of the Gaco Western and Mitchel buildings, demolishing them, and then setting the levee back. The Flood District began negotiating with the two property owners but were unsuccessful in reaching an agreement. The Gaco Western Site has known petroleum contamination that will require remediation and both property owners wanted approximately twice the appraised values of the properties. Condemnation was ruled out by the Flood District due to the added time required and the need for the Corps to construct the project in 2019 or lose the emergency repair funds. Without the necessary property, the only way to repair this reach of the levee is with a floodwall due to the proximity of the existing buildings and limited existing easements. The Site 3 repair will require the use of a flood wall due to the proximity of the Segale Corporate Office building, impacts to required driveway access, and limited existing easement. FINANCIAL IMPACT Repairs conducted under the PL 84-99 program are funded at a 90% Corps to 10% local cost share. The King County Flood Control District will cover the local match for the repair of the levee. RECOMMENDATION Informational item only. No action required. attachments: Levee Rehabilitation Request Corps Conceptual Plans Sites 1, 2, and 3 W:\PW Eng1PROJECTSW DR Projects\Tukwila 2051Levee Repair Gacolinto Memo Gaco-Mitchell Update.docx 55 Puhtic Works Department - Bob Giberson, Director LEVEE REHABILITATION REQUEST FORM U.S. Army Corps of Engineers. Seattle nisfricf EmergAnnv Management Rranch, US Army Corps of Engineers Ms. Catherine DesJardin PO Box 3755 Seethe, WA 98124 Dear Ms. DesJardin: Allan Ekherg, Mayor nate: January 13, 2016 The purpose of this letter is to reauest Rehabilitation Assistance from the Corps of Engineers under Public Law 84-99 for the repair of the Tukwila 205 Levee. This levee was damaged hy flood waters during the December 2015 event. The Tukwila 205 project is Active in the Rehabilitation and Inspection Program. ThP levee is innatpd on thR nreen River And there are two areas of the levee that sustained damage. The first area is slump that is approximately 120 feet in length that hoginQ just Upstream nf the Tukwila 205 cutoff levee And extends approximately 40 feet downstream into the levee. This damage is located nt approximately iv Mil 16.7 on the left hank. The second area of damage is an area of scour that has exposed rock armor. It is located nt river mile 15.8 nn thP left bank and is adjacent to Mitchel moving and Storage. Public Sponsor Name: City of Tukwila Project lrientifiration (I eves namR): Tukwila 205 qpnnQnr Print nt ontact: Name: Ryan Larson Address: 6300 Southcenter Rlvd. suit100 Tukwila, WA Ielephnnp: (206) 431-2456 Email address: rynn.inrQnn tukWilnuin .gEIV I further reguest that the Corps of Pripineers take all necessary steps to accomplish the appropriate repairs. l It is agreed that the required items r)f 10CnI cooperation will he provided should the levee he eligihle for Rehabilitation Assistance under PL 84-99 and the repair work is accompliQhochy ther.nroa f Fniginear.a. hairRhy certify that the right-of-way which is reguired for Any authorized repair work is presently available. a(4 and this letter constitutes permission for the Government and its agents to Pr-4rand use said right-of-way in undertaking authorI7ed repair work. We are requesting U.S. Army Corps of Engineers (ACOE) assistance under Puhlir 1 iw Program in imolamanting A rapair project at these locations. Siocnrety, PVntl 1 arson, P.E. Senior Program Manager Enclosure: Flood Protection Facility Inspection form Site photos • Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1RO • webeite: nikwilawaxou 56 0. uJ E H ,2 0 0.. 0 +.4 0 a) a) cy)o) co lo E co 0 0 0 O z 0 z 0 0 • 0 • Z D 0 El 0 ‘,9 e, Lu ac. 0 0 0 LL 3 J 0 10 0 al Inspection Field Form 20151211 57 58 60 00* 0* 050 000 000 ono 0,10 080 oao 000 000 ono on -0 CM LLJ uJ (1) LLJ0 APPROXIMATE EASEMENTS (NOTE 5) FLOOD WALL (NOTE 2) SHORING WALL (NOTE 3) HABITAT ZONE (NOTE 4) 0 Lu (1) u) < 2 ca Lu <0 0 0 06 < 1— (DZ 0 w 0 IOL z w w -1mcr EE co w < .:z w2 w ce -Li' Z Z I— cn woo 5 0 z 1-1-11Iw z 0 _ zwm w 0 inct 550 z<1-. 0 z 0 Lii '-',,.. co z D I—. wwo E 0-1(f) Ocpz D LL _1W O _1 <CC Z=I— D 1CD▪ Z __I a < I— 1=,t N _ILIJ "*k—Im • W Eu_ zm O I— HI- Eat UJ z z w< 0 IL -'-�E O 0 Z Ca 0 I— < g 72 z Lis, _-_,. O L6-2; ▪ 0 Z - co op -woD Wo OCHm HI - 5jrnE 01- cciL_',J c -R roLl-z 0,w 1°' k 2 :A oLTI 0 _iii _1— -I <0 LL> _,(,) woil, Ow <_, F_ LLcc. wo (:) o< 1—(n< Hz Lzjo 3_°E ()12lixli 1 i 11—_,Dz wnu0mu0co 61 EASEMENTS TO BE VERIFIED WITH GROUND SURVEY. 62 City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Peter Lau, Senior Program Manager CC: Mayor Allan Ekberg DATE: February 23, 2018 SUBJECT: Tukwila Urban Center Pedestrian/Bicycle Bridge Project Project No. 90510403, Contract No. 16-092 Supplemental Agreement No. 4 with AKANA /Ulan Ekberg, Mayor ISSUE Authorize the Mayor to execute Supplemen a Agreement No. 4 to Consultant Contract No. 16-092 with AKANA in the amount of $180,448.00. BACKGROUND AKANA's Contract No. 16-092, with Supplemental Agreements 1 to 3, have been providing construction management (CM) services for the Tukwila Urban Center (TUC) Pedestrian/Bicycle Bridge Project. DISCUSSION The TUC Pedestrian/Bicycle Bridge Project has been delayed from physical completion due to delays from steel bridge and handrail fabrications, and some design inadequacies. Based on the construction contractor's latest projection, the construction work will likely be completed in April 2018. The consultant contract fund with AKANA was already used up in December 2017, because Supplemental Agreement No. 3 only allowed AKANA to provide CM services up to November 2017. In order to have continuous CM support from AKANA through the end of the construction project, Supplemental Agreement No. 4 is needed for their continuous services including closing out the project. FISCAL IMPACT The 15% construction contingency was $942,835.59 and will cover AKANA's Supplemental Agreement No. 4. There have been $57,946.50 in construction change orders to date, and AKANA's Supplement Nos. 2 and 3 for $251,169.00 were also drawn from this contingency. Supplemental Agreement No. 4 for $180,448.00 was carefully reviewed and is reasonable to close out this construction project. CM & CO Expenses 15% Contingency AKANA Supplement No. 3 $ 180,448.00 $942,835.59 AKANA Supplement Nos. 2 & 3 251,169.00 Change Orders No.1 to No. 6 57,946.50 Total: $489,563.50 $942,835.59 RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 4 with AKANA in the amount of $180,448.00 for the TUC Pedestrian/Bicycle Bridge Project and consider this item on the Consent Agenda at the March 5, 2018 Regular Meeting. Attachments: AKANA's Supplemental Agreement No. 4 WAPW Eng I PROJECTSW RW & RS Projects\TUC Ped Bicycle Bridge (90510403)1Construction \#.100 - Contract Documents \CM ConsultantAKANAISup #41Info Memo for AKANA Sup #4, 2-12-18.docx 63 IM'Z' Washington State VAir Department of Transportation Supplemental Agreement Number 4 Organization and Address Cooper Zietz Engineers, Inc. 3380 146 Place SE, Suite 105 Bellevue, Washington 98007 Phone: l OriginaAgreement Number 16-092 Project Number 90510403 Execution Date July 25, 2016 Completion Date September 30, 2018 Project Title Tukwila Urban Center Pedestrian/Bicycle Bridge New Maximum Amount Payable $1,168,998.00 Description of Work See Summary of Payments "Exhibit A" attached. See Scope of Work "Exhibit B" attached. See Prime Consultant Cost Computation "Exhibit D" attached. See Sub -Consultant Cost Computation "AECOM Exhibit E" attached. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with Cooper Zie z Engineers, Inc and executed on February, 2018 and identified as Agreement No 4 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed toread: Scope of Services. See Exhibit B attached 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: September 30, 2018 111 Section V, PAYMENT, shall be amended as follows: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be supplemented with $180,448.00 as provided on Exhibits "A", "D" and "E" attached hereto. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By. Te..c. cc,, f 0/„.44,,,,, DOT Form 140-063 Revised 09/2005 By: Consul nt Signature Approving Authority Signature Date 64 Exhibit "A" Summary of Payments DOT Form 140-063 Revised 09/2005 65 BASIC AGREEMENT SUPPLEMENT #1 SUPPLEMENT #2 SUPPLEMENT ## SUPPLEMENT #4 TOTAL DIRECT SALARY COST Akana 177,314 AECOM 44,512 Akan a50,965 AECOM 19,661 Akana 53,920 AECOM 12,087 Akana$292,199 AECOM $76,260 OVERHEAD (INCLUDING PAYROLL ADDITIVES) Akana 242,654 AECOM 49,762 Akana 83,,431 AECOM 22,838 Akana 73,790 AECOM 14,214 Akana $399,875 AECOM $86,814 DIRECT NON -SALARY COSTS Akana 18,387 AECOM 2,372 OBEC84,807 MTC 25,510 OBEC 35,712 MTC 36,480 Akana 6,320 AECOM 1,136 Akana 6,320 AECOM 720 OBEC 3000 Akana$3 .,027 AECOM $4,228 OBEC $124,51.9 MTC 61,990 FIXED FEE Akana 41,997 AECOM 13,354 Akana 14,440 AECOM 5,898 Akana 12,771 AECOM 3,626 Akana $69,208 AECOM $22,878 TOTAL $ 700,669.00 $ 36,712;00 $ 36,480.00 $ 214,689.00 $ 180,448.00 $ 1,168,998.00 DOT Form 140-063 Revised 09/2005 65 Exhibit B Scope of Work Project No. 90510403 Scope of Services: The Consultant agrees to continue Construction Management services indicated in the original agreement dated July 25, 2016. This supplement is due to the Contractor having to extend their schedule to complete the TUC Pedestrian/Bicycle Bridge, as indicated in the latest schedule update with a physical completion date into April 2018. Agreement Number: 16-092 WSDOT Form 140-089 EF Exhibit A Page 1 of 166 Revised 10/30/2014 Exhibit D Prime Consultant Cost Computations Please see attached AKANA Cost Computation (AKANA Exhibit D) Agreement Number: 16-092 WSDOT Form 140-089 EF Exhibit D Page 1 of 167 Revised 10/30/2014 68 X osal Fee Est sasuadx3 4.Jo4elleiol II n w 0 0 0 oill 03 , N N - ...lir N Vi V3 Witf11111Vaj o 50 50 tali N 1iI lafl N YEA sasuadx3 moi O O O O O N o O N 0 w w N o 0 *0 0 w 0 w 0 w 0 Ln n CA en 0 e) 0 N 0 w 0 0 N w p N. 1 en O w 0 w 0 v 0 0 0 0 0 0 0 0 0 O a C Q a dnveyy a s3a0 N w to N w N N w N w w N N N N N w w N N N w N o N 0 o w N 0 w 0 w 0 N 0 0 w w 0 N 0 w 0 w 0 0 N w o w o w o w o N o N o iR Q. s LL N o N w w w Q Q dnveW -9nS o t/) o w 0 w 0 0 N N 0 W 0 N 0 w 0 w 0 0 w N 0 N 0 0) 0 N 0 N. 0 w a (7) a V) o w o 0 N N. 0 w 0 'N x w 0 0 w N 0 N 0 w 0 'a9 0 0 w N 0 w o M E c a A c W. 31W �. O O O O O O O O 0 0' '0 O 0' O O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w O N O N O O w w O N O w 0 w O w 0 w O N 0380 ti 0 O O O 0 O O O O O O 0 O O 0 0 O O0 N N O O V) N O w O N 0 N 0 O N N O w O N o 0 N N O w O N O O N w 0 w O V1 O w O N 0 N O trfi W033tl LL 0 N 0 w 0 w o a w N 0 w 0 N 0 N 0 0 N: IA 0 (0 0 N 0 N 0 N 0 w 0 N 0 N 0 w o 0 N. w 0 N• 0 N 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 %Di @ aaj pax! e. 4 O N O w O w O 0 4) w N t7 tb w O N O N O w O N N M N l0 N ^ CO . N Ow ON T m .4. wb/ Ow 0 0 0 0 N 0 0 N 0 N 0 0 0 0 o 0 0 0 0. 0 0 0 0 0 0 e - 0.,. w Q Q S89E'4 Y N)HO ; O w a w o w O O (f) N U) Oa O w O w O Rf N c?i M N O w O w O VD t7 OM O Vi O N O N 0 O (0 N 0 N 0 Nal 0 N 0 0 0 0 0 0 0 Q Z lOQe1 Qpawl �. 1. ON Ow N. 0 ('i N w aN ON ON. O N N ® M N N O w O w O w. m. 0) CA N N O N O w O N O 0 w (0 N N 0 w 0 CO 0 N N N . O N 0 w O N 0 0 'N 0 0 M d c7 N c7 U) 7 V V' o 0 0 V C' 0 0 0 0 0'. 0 0 uia;ui )(amp Apmyy 0E En O /tla;es'' O 0 ads 0 0 0 Jeu6isaa 0 _0 0 0 ex0 zssy o 0 0 uewioN wii N 0 0 0 saAoN 6nop 0 0 o N N ile;S o o o 0 Ja6eueyy •fold e;eIOossy is 0 0. 0 Jape ua� 0 0 0 0 0 o o o a January 1, 2017 Rates a G 7 U. a, Classification: moi Hourly Rate: 575 Task 100 - preconstruction services 'Preconstruction services 11 Task 0 Task 100 -Subtotal! 0 Task 200 Construction Services Field office !Administration 148 11 Task 200 - Subtotal 1 148 'Task 300 - Construction Services Field m 3) O 1] N C "O y 1'1 U) (0 s— Task 300 - Subtotal 01 Task 400 - materials materials 1 0 Task N @ N t0 Task 400 - Subtotal 0 Task 500 - Project Completion 'Task 1 40 0 N i— N W N (U r Task 500- Subtotal' 401 (Task 600 - Survey 1 O a Y N t6 Y N N Task Task 600 Subtotal 0 Task 700 - Painting inspection services NACE I 1Nace painting inspection, of steel. Y w N Y N tN Task 700 - Subtotal' 0 ITask 800 - Additional Services 1 O a 0 O Y 0 Y N Y UI Task 800 - Subtotal' 0I All Phases Total 188 69 l 1pff Fairnnp{nnrirmentn\i:x fnIdef\TIikwila\Pedxfrian 70 Exhibit E Sub -consultant Cost Computations Please see attached AECOM Cost Computation(AECOM Exhibit E) Project No. 90510403 Agreement Number: 16-092 WSDOT Form 140-089 EF Exhibit E Page 1 of 171 Revised 10/30/2014 Bike/Pedestrian Bridge Tukwila Contract type T&M with CAP - Adrnin/QC Contract Total $ Costs Expended Through July 28, 2017 $ Budget Remaining = $ Weeks Remaining = 110,000.00 98,112.75 11,887.25 12 Hours to complete Raw Rate (Payroll Rate) Billing Rate 0 hours $ - bill rate 12 hours 30.52 $ 82.14 bill rate 12 hours 88.79 $ 238.97 bill rate - $ - bill rate 0 hours 24 Total Hours Average Raw Per Hour Total Loaded (revenue) Raw Costs 2 - Doc Control Hours to complete Raw Rate (Payroll Rate) Billing Rate 120 hours $ 88.79 $ 217.27 bill rate 0 hours $ - $ - bill rate $ - $ - bill rate 0 hours hours bill rate 120 Total Hours Total Loaded (revenue) Average Raw Per Hour -v. 0 hours bill rate 0 hours 189.70 bill rate 0 hours 64.10 bill rate 0 hours 0 hours $ 30.00 $ - bill rate 0 hours 0 hours 0 hours $ - bill rate $ bill rate - $ Loaded Total Employee - Horton 985.66 Coughlin 2,867.63 Bardwell - Powell 3,853.30 Loaded Total Employee $ 26,072.30 Bardwell - Powell - Shinsato 0 hours $ bill rate $ 0 hours $ bill rate $ 0 hours $ bill rate $ 0 hours bill rate 0 hours bill rate 0 Total Hours Total Loaded (revenue) Average Raw Per Hour Hours to complete Raw Rate (Payroll Rate) Billing Rate 0 hours 88.79 $ 217.27 bill rate hours bill rate hours bill rate hours bill rate 161Total Hours Total Loaded (revenue) Loaded Total Employee Bardwell 72 7 - Arch Monitoring Hours to complete 0 hours 0 hours hours hours 1).Total Hours 8 - Change Order Resolution Hours to complete 0 hours hours hours hours 0 Total Hours Raw Rate (Payroll Rate) Billing Rate - $ - bill rate 30.52 $ 82.14 bill rate bill rate bill rate Total Loaded (revenue) Loaded Total Employee - Butler - Kelly Raw Rate (Payroll Rate) Billing Rate Loaded Total $ 88.79 $ 217.27 bill rate bill rate bill rate bill rate Total Loaded (revenue) Hours to complete Raw Rate (Payroll Rate) Billing Rate hours bill rate 0 hours bill rate hours bill rate hours bill rate $ Employee Bardwell Loaded Total Employee 0 Total Hours Total Loaded (revenue) Average Raw Per Hour ETC Subcontractor ETC Subcontractor Markup ETC ODC ETC ODC Markup Fee (if applicable) ETC - Revenue Total Budget Remaining Supplement Required 720.00 30,645.59 30,645.59 73 74 City of Tukwila Public Works Department - Henry Hash, Directo INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, City Engineer RR -r BY; Gail Labanara, Public Works Analyst CC: Mayor Ekberg DATE: February 23, 2018 SUBJECT: Ordinance — Verizon Wireless Small Cell Technology Franchise Agreement ISSUE Approval of Verizon Wireless Franchise Ordinance. Allan Ekberg, Mayor BACKGROUND Seattle SMSA Limited Partnership, headquartered in Delaware, is doing business as Verizon Wireless. Verizon is the second largest U.S. telecommunications service provider and has its roots in the breakup of the Bell System. Verizon was formed in 2000 from a merger between Bell Atlantic and GTE. Verizon Wireless provides a full-service communications systems industry in the US and Europe. Verizon Wireless is currently in the stages of deploying small cell technology to expand the capacity of its wireless network. ANALYSIS The attached Franchise Ordinance establishes permission for Verizon's deployment of small cellular technology in the City's right-of- way. Some of the features of the Verizon Franchise include: • Definitions for clarity of references • Provisions that the City provides no warranty in the right-of-way and will not defend Verizon for peaceable possession or use of the franchise area • Provided provisions allowing the City to require notice to the public for work that will disturb or disrupt public property. Clarifies that the City can protect the public health, safety, and welfare by requiring facilities to be installed at a particular time, place, or manner • Establishes a duty to restore the right-of-way to a condition as good or better than before the construction and provides a warranty of same. Protects private property by requiring Verizon to restore any private property damaged, disturbed, or altered by Verizon • Provides that any contractors or subcontractors of Verizon that perform work in the right-of-way must comply with the City's indemnity and insurance requirements and mandates that Verizon take responsibility for all work performed by Verizon's contractors and subcontractors • Specifies the City's stop work authority should work be performed in an unsafe manner • Provides for revocation of the franchise should Verizon's business end up in receivership • Clarifies that the franchise does not preclude the City from constructing its own utility facilities, repairing, maintaining, or widening the right-of-way. FINANCIAL IMPACT Under the terms of the Franchise, Verizon Wireless will pay a $5,000 administrative fee within 30 days of franchise approval, Per RCW 35.21.860, cities may charge site-specific charges to providers of personal wireless services under certain circumstances before the City issues a use permit. This Franchise tracks that statutory language and provides that Verizon and the City will determine applicable site-specific charges at the use permit stage for eligible facilities. RECOMMENDATION Council is being asked to approve the Ordinance that will grant a Franchise Agreement to Verizon Wireless for Small Cell Technology and consider this item at the February 26, 2018 Committee of the Whole and subsequent March 5, 2018 Regular Meeting. Attachment: Draft Franchise Ordinance W:IPW Eng I PROJECTSTranchiseelecomIVERIZON wireless\Info Memo Venzon 020918.docx 75 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO SEATTLE SMSA LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, D/B/A VERIZON WIRELESS, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN THE PUBLIC RIGHTS- OF-WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a Verizon Wireless, hereinafter referred to as "VERIZON" is a telecommunications company that, among other things, provides personal wireless services to customers in the Puget Sound region; and WHEREAS, VERIZON's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights-of-way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning and management of the City's rights-of-way is necessary to ensure that the burden of costs for the operations of non - municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way and other public property for installation, operation and maintenance of communications facilities; W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL.lojs Page 1 of 20 76 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWI A, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. A. For the purposes of this Franchise Agreement and the Exhibit attached hereto, the following terms, words, phrases, and their derivations where capitalized shall have the meanings given herein. Terms not defined herein shall have the meaning given in Title 11 of the Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila Municipal Code shall have the meaning given pursuant to such federal statutes, rules, or regulations that apply to and regulate the services provided by VERIZON. Words not otherwise defined shall be given their common and ordinary meaning. B. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation or rule referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. 1. "Affiliate" when used in connection with VERIZON means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with VERIZON. 2. "Construct" shall mean to construct, reconstruct, install, reinstall, align, realign, locate, relocate, adjust, affix, attach, replace, repair, monitor, maintain, use, relocate, remove, or support. 3. "Default" shall mean any failure of a Party to keep, observe, or perform any of its duties or obligations under this Franchise that is not cured within 30 days after receipt of written notice from the non -defaulting Party. 4. "Design Document(s)" shall mean the plans and specifications for the construction of the Facilities meeting the minimum applicable general plan submittal requirements for engineering services plan review as set forth in the City's Infrastructure Design and Construction Standards Manual (the "Standards"), illustrating and describing the refinement of the design of the Telecommunications System Facilities to be Constructed, establishing the scope, relationship, forms, size and appearance of the Facilities by means of plans, sections and elevations, typical construction details, location, alignment, materials, and equipment layouts. The Design Documents shall include specifications that identify utilities, major material and systems, Public Right -of -Way improvements, restoration and repair, and establish in general their quality levels. 5. "Dispute" shall mean a question or controversy that arises between the Parties concerning the observance, performance, interpretation or implementation of any of the terms, provisions, or conditions contained in this Franchise Agreement or the rights or obligations of either Party under this Franchise Agreement. W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 2 of 20 77 6. "Emergency" shall mean and refer to a sudden condition or set of circumstances that: (a) significantly disrupts or interrupts the operation of Facilities in the Public Rights -of -Way and VERIZON's ability to continue to provide services if immediate action is not taken; or (b) presents an immediate threat of harm to persons or property if immediate action is not taken. 7. "Facility or Facilities" means any part or all of the facilities, equipment and appurtenances of VERIZON whether underground or overhead and located within the Public Rights -of -Way as part of VERIZON's Telecommunications System, including but not limited to, conduit, case, pipe, line, fiber, cabling, equipment, equipment cabinets and shelters, vaults, generators, conductors, poles, carriers, drains, vents, guy wires, encasements, sleeves, valves, wires, supports, foundations, anchors, transmitters, receivers, antennas, and signage. 8. "Franchise" shall mean the grant, once accepted, giving general permission to VERIZON to enter into and upon the Public Rights -of -Way to use and occupy the same for the purposes authorized herein, all pursuant and subject to the terms and conditions as set forth herein. 9. "Law(s)" shall mean all present and future applicable laws, ordinances, rules, regulations, resolutions, environmental standards, orders, decrees and requirements of all federal, state, and local governments, the departments, bureaus, or commissions thereof, or other governmental authorities, including the City acting in its governmental capacity. References to Laws shall be interpreted broadly to cover government actions, however nominated. 10. "Party(ies)" shallmean either the City or VERIZON or both. 11. "Permit" means a permit issued under the regulatory authority of the City that provides specific requirements and conditions for Work to Construct Facilities within the Public Rights -of -Way and includes, but is not limited to: a construction permit, building permit, street excavation permit, barricade permit, and clearing and grading permit. 12. "Person" means and includes any individual, corporation, partnership, association, joint-stock company, limited liability company, political subdivision, public corporation, taxing district, trust, or any other legal entity, but not the City or any Person under contract with the City to perform work in the Public Rights -of -Way. 13. "Public Right(s)-of-Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or other public right-of-way, including any easement now or hereafter held by the City within the corporate boundaries of the City as now or hereafter constituted for the purpose of public travel, and over which the City has authority to grant permits, licenses, or franchises for use thereof, or has regulatory authority to thereover, excluding: railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, and excluding such similar facilities or property owned, maintained, or leased by the City in its proprietary capacity or as an operator of a utility. W: Word Processing \OrdiriancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 3 of 20 78 14. "Public Works Director" shall mean the Public Works Director for the City or their designee, or such officer or person who has been assigned the duties of Public Works Director or their designee. 15. "Service" shall mean the service or services authorized to be provided by VERIZON under the terms and conditions of this Franchise Agreement. 16. "Telecommunications System" shall mean all necessary Facilities to establish a small cell network located in, under, and above City owned Public Right(s)- of-Way for the provision of personal wireless services, including: commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. "Telecommunications System" shall not mean or include Facilities owned or used by VERIZON for the provision of cable television services, video programming, or services other than personal wireless services, including ownership and/or operation of a dark fiber network. 17. "Work" shall mean any and all activities of VERIZON, or its officers, directors, employees, agents, contractors, subcontractors, volunteers, invitees, or licensees, within the Public Rights -of -Way to Construct the Facilities. Section 2. Non-exclusive Franchise Granted. A. The City hereby grants to VERIZON, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and operate its Facilities necessary for a Telecommunications System within all City -owned Public Rights -of -Way, generally described as that area within the present and future boundaries of the City and hereinafter referred to as the "Franchise Area". B. The foregoing franchise rights and authority ("Franchise") shall not be deemed to be exclusive to VERIZON and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over or under the areas to which this Franchise has been granted to VERIZON; provided, that such other franchises do not unreasonably interfere with VERIZON's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes VERIZON to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to VERIZON. D. The City does not warrant its title or property interest in or to any franchise area nor undertake to defend VERIZON in the peaceable possession or use of the franchise area. No covenant of quiet enjoyment is made. Section 3. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies and procedures as he or she deems necessary to carry out the provisions contained herein. W: Word Processing \OrdinanceslVenzon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 4 of 20 79 Section 4. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of 10 years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and VERIZON shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 5 of this Agreement. If VERIZON desires to renew this Franchise Agreement, it shall file a renewal application with the City between 180 days and 120 days prior to the expiration of the existing term. In the event of such filing, the City may extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to VERIZON prior to the Franchise expiration date. Section 5. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of VERIZON to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 6. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 7. 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate Permits from the City of Tukwila. In case of an emergency, VERIZON shall, within 24 hours of the emergency, obtain a Permit from the City of Tukwila's Public Works Department. 2. Coordination. All capital construction projects performed by VERIZON within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. 3. Notice to the Public. Except in the case of an Emergency, the City retains the right to require VERIZON to notify the public prior to commencing any significant planned Construction that VERIZON reasonably anticipates will materially disturb or disrupt public property or have the potential to present a danger or affect the safety of the public generally. 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed Franchise Area and may deny access if VERIZON is not willing to comply with such requirements; and, may require removal of any Facility that is not installed in W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 5 of 20 80 compliance with the Standards provided in this Franchise Agreement or which is installed without prior City approval of the time, place, or manner of installation. 5. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for VERIZON within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic and the rights and reasonable convenience of property owners, businesses, and residents along the Public Rights -of - Way. All construction, installation, maintenance and restoration activities shall be conducted such that they conform to the City's development guidelines and standards in effect on the date the permits and authorizations are issued for the affected Facilities and comply with Title 11 of the Tukwila Municipal Code. VERIZON's Facilities shall be designed, located, aligned, and constructed so as not to disturb or impair the use or operation of any street improvements, utilities, and related facilities of the City or the City's existing lessees, licensees, permitees, franchisees, easement beneficiaries or lien holders, without prior written consent of the City or the parties whose improvements are interfered with and whose consent is required pursuant to agreements with the City existing prior to the effective date. 6. Duty to Restore. a. VERIZON shall, after completion of construction of any part of its Telecommunications System, leave the Public Rights -of -Way and other property disturbed nearby in as good or better condition in all respects as it was in before the commencement of such Construction. VERIZON agrees to promptly complete restoration work to the reasonable satisfaction of the City and in conformance with City Standards. b. If VERIZON's Work causes unplanned, unapproved, or unanticipated disturbance or alteration or damage to Public Rights -of -Way or other public property, VERIZON shall promptly remove any obstructions therefrom and restore such Public Rights -of -Way and public property to the satisfaction of the City and in accordance with City Standards. c. If weather or other conditions do not allow the complete restoration required, VERIZON shall temporarily restore the affected Public Right -of -Way or public property. VERIZON shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 7. Notice. If VERIZON's Work causes unplanned, unapproved, or unanticipated disturbance or damage to Public Rights -of -Way or other public or private property, VERIZON shall promptly notify the property owner within 24 hours. 8. Warranty. VERIZON shall warrant any restoration work performed by VERIZON in the Public Rights -of -Way or on other public property for 2 years, unless a longer period is required by applicable City Standards. If restoration is not satisfactorily and timely performed by VERIZON, the City may, after 30 days prior notice to VERIZON, or without notice where the disturbance or damage may create an imminent W: Word Processing1Ordinances \Venzon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page6 of 20 81 risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from VERIZON. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, VERIZON shall pay the City. 9. Restoration of Private Property. When VERIZON does any Work in the Public Rights -of -Way that affects, disturbs, alters, or damages any adjacent private property, it shall, at its own expense, be responsible for restoring such private property to the reasonable satisfaction of the private property owner. 10. Stop Work. On written notice from the City that any Work does not comply with the Franchise Agreement, the approved Design Documents for the Work, the Standards, or other applicable Law, or is being performed in an unsafe or dangerous manner as reasonably determined by the City, the non-compliant Work may immediately be stopped by the City. The stop work order shall be in writing, given to the Person doing the Work and be posted on the Work site, indicate the nature of the alleged violation or unsafe condition and establish conditions under which Work may be resumed. If so ordered, VERIZON shall cease and shall cause its contractors and subcontractors to cease such activity until the City is satisfied that VERIZON is in compliance. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable Law, may order VERIZON to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes in its discretion. The City has the right to inspect, repair, and correct the unsafe condition if VERIZON fails to do so, and to reasonably charge VERIZON for the costs incurred to perform such inspection, repair, or correction, Payment by VERIZON will be made within 30 days following receipt of written notice including itemized invoice and supporting documentation evidencing such cost. The authority and remedy set forth herein in this section is in addition to, and not a substitute for, any authority the City may otherwise have to take enforcement action for violation of City codes or Standards. 11. Alteration. Except as may be shown in the Design Documents approved by the City or the records drawings, or as may be necessary to respond to an Emergency, VERIZON and VERIZON's contractors and subcontractors may not make any material alterations to the Franchise Area without the City's prior consent, which consent shall not be unreasonably withheld, delayed, or conditioned. The parties acknowledge that nothing in this agreement limits the City's rights under applicable federal, state, and local laws to regulate the placement and appearance of VERIZON's Facilities in the Franchise Area. Material alteration and/or deviation shall include, but not be limited to: a change in the dimension or height or location or placement of the Facilities. If VERIZON desires to change either the location of any Facilities or otherwise materially deviates from the approved design of any of the Facilities, VERIZON shall submit such change to the City in writing for its approval. VERIZON shall have no right to commence any such alteration or deviation until after VERIZON has received the City's approval of such change in writing. Under no circumstance shall VERIZON permanently affix anything in the Franchise Area that inconveniences the public use of the right of way or adversely affects the public health, safety, or welfare. W: Word Processing \Ordinances\Venzon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 7 of 20 82 12. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground consistent with the requirements of Tukwila Municipal Code Section 11.32.090(B), unless otherwise exempted from this requirement, in writing, by the Public Works Director provided, however, this requirement shall not apply to the Facilities that are required to remain above ground in order to be functional. 13. Relocation. a. The City shall have the right to require VERIZON to alter, adjust, relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way when reasonably necessary for construction, alteration, repair, or improvement of any portion of the public rights-of-way for purposes of public welfare, health, or safety ("Public Improvements"). Such Public Improvements include, but are not limited to: public rights-of-way construction; public rights-of-way repair (including resurfacing or widening); change of public rights-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or any other type of government-owned communications, utility, or public transportation systems, public work, public facility, or improvement of any government-owned utility; public rights-of-way vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. In the event the City requires VERIZON to relocate its Facilities, the City shall provide VERIZON with written notice requesting such relocation, along with pians for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and VERIZON shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. The City shall notify VERIZON as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. Except in case of emergency such notice shall be no less than 90 days. b. To ensure timely execution of relocation requirements, VERIZON shall, upon written request from the City, provide at VERIZON's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of Facilities, and relocation procedures), and other design, technical or operational requirements within the time frame specified by the City. c. VERIZON may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise VERIZON in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the City, VERIZON shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by VERIZON full and fair consideration. In the event the City, in its sole discretion, decides not to W: Word ProcessingkOrdinancesWerizon-Seattle SMSA Franchise Agreernent 1-29-18 GL:bjs Page 8 of 20 83 accept the alternatives suggested by VERIZON, VERIZON shall relocate its Facilities as otherwise specified in Section 6, subparagraph 5. d. Upon final approval of the relocation plan by the City, VERIZON shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change, or alter the position of any Facilities or structures within the right-of-way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights- of-way. In the event relocation is required by reason of construction by a third party, non-governmental entity, for the sole benefit of the third party, non-governmental entity then VERIZON's relocation costs shall be borne by the third party. e. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from VERIZON's Facilities, VERIZON shall, upon notification from the City, respond within 24 hours to resolve the conflict. f. VERIZON acknowledges and understands that any delay by VERIZON in performing the work to alter, adjust, relocate, or protect in place its Facilities within the public rights-of-way may delay, hinder, or interfere with the work performed by the City and its contractors and subcontractors in furtherance of construction, alteration, repair, or improvement of the public rights-of-way, and result in damage to the City, including but not limited to, delay claims. VERIZON shall cooperate with the City and its contractors and subcontractors to coordinate such relocation work to accommodate the public improvement project and project schedules to avoid delay, hindrance of, or interference with such project. g. Should VERIZON fail, within 30 days of receipt of written notice from the City, to alter, adjust, protect in place or relocate any Facilities ordered by the City to be altered, adjusted, protected in place, or relocated, within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may, to the extent the City may lawfully do so, cause such work to be done and bill the reasonable cost of the work to VERIZON, including all reasonable costs and expenses incurred by the City due to VERIZON's delay. In such event, the City shall not be liable for any damage to any portion of VERIZON's system. In addition to any other indemnity set forth in this Franchise Agreement, VERIZON will indemnify, hold harmless, and pay the costs of defending the City from and against any and all claims, suits, actions, damages, or liabilities for delays on public improvement construction projects caused by or arising out of the failure of VERIZON to adjust, modify, protect in place, or relocate its Facilities in a timely manner; provided that, VERIZON shall not be responsible for damages due to delays caused by the City. W: Word Processing \OrdmancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 9 of 20 84 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and amenities, VERIZON shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and Facilities. No facility constructed or owned by VERIZON shall be abandoned without the express written consent of the City. 15. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, VERIZON shall, upon the request of the City, furnish one bond executed by VERIZON for all of its Facilities in the City's rights-of-way, in such sum as may be set and approved by the City as sufficient to ensure performance of VERIZON's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the Telecommunications System to be installed by VERIZON in the City rights-of-way. At VERIZON's sole option, VERIZON may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that VERIZON shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective VERIZON work or materials discovered in the City's roads, streets, or property. 16. "One -Call" Location and Liability. VERIZON shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to VERIZON's system components or for interruptions in service to VERIZON customers which are a direct result of work performed for any City project for which VERIZON has failed to properly locate its lines and Facilities within the prescribed time limits and guidelines established by One -Call, The City shall also not be liable for any damages to the VERIZON system components or for interruptions in service to VERIZON customers resulting from work performed under a permit issued by the City. 17. As -Built Plans Required. VERIZON shall maintain accurate engineering plans and details of all installations within the City limits and shall provide, at no cost to the City, such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permits issued by the City and any work undertaken by VERIZON pursuant to this Franchise Agreement. The City shall reasonably determine the acceptability of any as -built submittals provided under this section. 18. Recovery of Costs. VERIZON shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, VERIZON shall pay such reasonable costs and expenses directly to the City. W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 10 of 20 85 19. Taxes. Nothing contained in this Franchise Agreement shall exempt VERIZON's obligation to pay any applicable utility tax, business tax, or ad valorem property tax, now or hereafter levied against real or personal property owned by VERIZON within the City, or against any local improvement assessment imposed on VERIZON. Any fees, charges, and/or fines provided for in the City Municipal Code or any other City ordinance, are separate from, and additional to, any and all federal, state, local, and City taxes as may be levied, imposed, or due from VERIZON. 20. Vacation. If, at any time, the City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-vvay or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 60 - days written notice to VERIZON, terminate this Franchise Agreement with reference to such City road, right-of-way or other City property so vacated, and the City shall not be liable for any damages or loss to VERIZON by reason of such termination other than those provided for in RCW 35.99. Section 7. Franchise Compliance. A. Franchise Violations. The failure by VERIZON to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If VERIZON has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period. B. Emergency Actions. 1. If any of VERIZON's actions under this Franchise Agreement, or any failure by VERIZON to act to correct a situation caused by VERIZON, is reasonably deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order VERIZON to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify VERIZON in writing and give VERIZON an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. VERIZON shall be liable for all reasonable costs, expenses and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by VERIZON and shall further be liable for all reasonable costs, expenses and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by VERIZON to take appropriate action to correct a situation caused by VERIZON and identified by the City as a threat to public or private safety or property, financial harm, or delay of the W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 11 of 20 86 construction, repair or maintenance of the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If, during construction or maintenance of VERIZON's Facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health or property, VERIZON or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of VERIZON's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and/or damages. D. Removal of System. In the event this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, VERIZON shall, at its sole expense, remove all system components and Facilities within 60 days of such termination, provided that the City, at its sole option, may allow VERIZON to abandon its Facilities in place. E. Receivership. At the option of the City, subject to applicable law and lawful orders of courts of competent jurisdiction, this Franchise may be revoked after the appointment of a receiver or trustee to take over and conduct the business of VERIZON whether in a receivership, reorganization, bankruptcy, or other action or proceeding, unless: 1. The receivership or trusteeship is timely vacated; or 2. The receiver or trustee has timely and fully complied with all the terms and provisions of this Franchise Agreement, and has remedied all defaults under the Franchise Agreement. Additionally, the receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction, by which the receiver or trustee assumes and agrees to be bound by each and every term, provision, and limitation of this Franchise Agreement. Section 8. Insurance. A. VERIZON shall maintain Commercial General liability insurance during the full term of this Franchise Agreement for bodily injury (including death) and property damages. The lirnit of liability shall be a combined single limit in the amount of $2,000,000 for each occurrence and $2,000,000 general aggregate. B. Such insurance shall include as additional insured, the City, its officers, officials, and employees as their interest may appear under this Franchise Agreement, excluding worker's compensation and employer's liability; shall apply as primary insurance; and shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder. Upon receipt of notice from its insurer(s) that any insurance required by this Franchise Agreement will be cancelled or will not be renewed, and VERIZON will not replace such insurance with coverage as required by this Franchise Agreement, VERIZON shall provide the City with 30 days prior written W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 12 of 20 87 notice of such cancellation. Notice shall be provided as required by Section 12 below. Should the City receive such notice, at City's discretion, the City may send a notice of default to VERIZON allowing VERIZON 15 days to cure its failure to maintain insurance as required by this Franchise Agreement. If VERIZON fails to cure the default within such 15 -day period, the City may unilaterally terminate this Franchise Agreement by sending a written notice of termination to VERIZON. C. VERIZON's contractors and subcontractors performing Work in the Public Rights -of -Way shall comply with such bond, indemnity, and insurance requirements as may be required by City code or regulations, or other applicable Law. Any contractors or subcontractors performing Work within the Public Rights -of -Way on behalf of VERIZON shall be deemed servants and agents of VERIZON for the purposes of this Franchise Agreement and are subject to the same restrictions, limitations, and conditions as if the Work were performed by VERIZON. VERIZON shall be responsible for all Work performed by its contractors and subcontractors and others performing Work on its behalf as if the Work were performed by it, and shall ensure that all such Work is performed in compliance with this Franchise Agreement and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is VERIZON's responsibility to ensure that contractors, subcontractors, or other Persons performing Work on VERIZON's behalf are familiar with the requirements of this Franchise Agreement and other applicable Laws governing the Work performed by them. Section 9. Other Permits and Approvals. Nothing in this Agreement shall relieve VERIZON from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the Franchise Area. Section 10. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in VERIZON's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from VERIZON to another person or entity controlling, controlled by, or under common control with VERIZON. VERIZON may license Facilities to other users without the consent of the City provided that VERIZON remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. In any transfer of this Franchise which requires the approval of the City, VERIZON shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. This Franchise may not be transferred without filing or establishing with the City the W: Word Processing\OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 3 of 20 88 insurance certificates, security fund, and performance bond as required pursuant to this Franchise. The qualifications of any transferee shall be determined by a hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any reasonable administrative costs associated with a transfer of this Franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. The transferee(s) shall thereafter be responsible for all obligations of VERIZON with respect to the Franchise; provided, that the transfer shall not in any respect relieve VERIZON, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, if the acts or omissions occur before the time of the transfer. Section 11. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise. VERIZON does hereby warrant that its operations, as authorized under this Franchise Agreement, are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. B. VERIZON shall be subject to a one-time $5,000 administrative fee for reimbursement of costs associated with the preparation, processing and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment and supplies associated with such tasks as plan review, site visits, meetings, negotiations and other functions critical to proper management and oversight of the City's right-of-way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time administrative fee is due 30 days after notice of franchise approval. C. The City reserves the right to exercise authority it has or may acquire in the future to charge a franchise fee as authorized by law and VERIZON shall in good faith endeavor to negotiate a reasonable Franchise fee or other fee if future law permits the City to charge a Franchise fee. However, the parties shall negotiate a site-specific charge acceptable to the parties for facilities for personal wireless services that meet one of the criteria in RCW 35.21.860(1)(e)(i)-(iii). Pursuant to RCW 35.21.860(1)(e), the City is not required to approve a use permit for the placement of a facility for personal wireless services that meets one of the criteria set forth in RCW 35.21.860(1)(e)(i)-(iii) absent such an agreement. D. In the event VERIZON submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, VERIZON shall reimburse the City for franchise amendments and reasonable expenses associated with the project. VERIZON shall pay such costs within 60 days of receipt of a bill from the City. E. Failure by VERIZON to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 7 of this ordinance. W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 14 of 20 89 Section 12. Notices. Any notice to be served upon the City or VERIZON shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Email: TukwilaCityClerk©tukwilawa.gov Phone: 206-433-1855 With a copy to: Public Works Director City of Tukwila 6300 Southcenter Boulevard Ste. 100 Tukwila, WA 98188 Seattle SMSA Limited Partnership d/b/a Verizon Wireless Attn: Network Real Estate 180 Washington Valley Road Bedminster, NJ 07921 With a copy to: Seattle SMSA Limited Partnership d/b/a Verizon Wireless Attn: Pacific Market General Counsel 15505 Sand Canyon Ave. Irvine, CA 92618 Section 13. Indemnification. A. VERIZON shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and Facilities within the Franchise Area. VERIZON shall release, indemnify, defend, and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any act or omission of VERIZON, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to VERIZON by this Franchise. In the event any claim or demand is presented to or filed with the City that gives rise to VERIZON's obligation pursuant to this section, the City shall within a reasonable time notify VERIZON thereof and VERIZON shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to VERIZON's obligation pursuant to this section, the City shall promptly notify VERIZON thereof, and VERIZON shall, at its sole W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 15 of 20 90 cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, VERIZON may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require VERIZON to: 1. protect and save the City harmless from any claims, actions or damages; 2. settle or compromise any claim, demand, suit or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between VERIZON and the City, VERIZON's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action that arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise Agreement when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims made by VERIZON's employees against the City, its officers, agents and employees, VERIZON expressly waives its immunity under Title 51 of the Revised Code Washington, the Industrial Insurance Act for injuries to its officers, agents and 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 VERIZON's officers, agents or employees against the City. This waiver is mutually negotiated by the parties. Section 14. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects to enforce the remaining provisions of the ordinance, Verizon shall have the option to terminate the Franchise Agreement. Section 15. Reservation of Rights. A. The parties agree that this Franchise Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. Accordingly, any provision of this Franchise Agreement or any local ordinance that may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this Franchise Agreement does not constitute a waiver of any rights or obligations by either party under the law. W: Word ProcessinglOrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 16 of 20 91 B. Nothing in this Franchise Agreement shall prevent the City from constructing sanitary or storm sewers; grading, changing grade, paving, repairing, widening or otherwise altering any Public Rights -of -Way; laying down, repairing or removing water mains; or installing conduit or fiber optic cable. Section 16. Police Powers. A. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. VERIZON shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right-of-way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. B. Nothing in this Franchise Agreement shall be deemed to impose any duty or obligation upon the City to determine the adequacy or sufficiency of VERIZON's Facilities. City's approvals and inspections as provided herein are for the sole purpose of protecting the City's rights as the owner and/or manager of the Public Rights -of -Way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design or Construction of the Facilities or Telecommunications System, suitability of the Franchise area for Construction, or any obligation on the part of the City to insure that Work or materials are in compliance with any requirements imposed by a governmental entity. The City is under no obligation or duty to supervise the design, Construction, or operation of the Telecommunications System. Section 17. Future Rules, Regulations and Specifications. VERIZON acknowledges that the City may develop rules, regulations and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to VERIZON, shall thereafter govern VERIZON's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect VERIZON's rights pursuant to and in accordance with this Franchise Agreement; or 2 be applied in a discriminatory manner as it pertains to VERIZON and other similar user of such facilities. Section 18. Entire Agreement. This Franchise Agreement contains all covenants and agreements between the City and VERIZON relating in any manner to the Franchise, use, and occupancy of the Public Rights -of -Way and other matters set forth in this Franchise Agreement. No prior agreements or understanding pertaining to the same, written or oral, shall be valid or of any force or effect and the covenants and agreement of VERIZON shall not be altered, modified, or added to except in writing signed by the City and VERIZON and approved by the City in the same manner as the original Franchise was approved. W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 17 of 20 92 Section 19. Calculation of Time. Except where a period of time refers to "business days," all periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington; provided that, the effective date shall be determined as provided in this Franchise Agreement. Section 20. Time Limits Strictly Construed. Whenever this Franchise Agreement sets forth a time for any act to be performed by VERIZON, such time shall be deemed to be of the essence, and any failure of VERIZON to perform within the allotted time may be considered a Default of this Franchise Agreement. Section 21. Joint Venture. It is not intended by this Franchise Agreement to, and nothing contained in this Franchise Agreement shall, create any partnership, joint venture, or principal -agent relationship or other arrangement between VERIZON and City. Neither Party is authorized to, nor shall either Party act toward third Persons or the public in any manner that would indicate any such relationship. The Parties intend that the rights, obligations, and covenants in this Franchise Agreement and any collateral instruments shall be exclusively enforceable by the City and VERIZON, their successors, and assigns. No Person not a Party hereto, and no such Person shall have any right or cause of action hereunder, except as may be otherwise provided herein. Further, VERIZON is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City. However, nothing in this section prevents an assignment as provided for in this Franchise Agreement. Section 22. Binding Effect Upon Successors and Assigns. All of the provisions contained in this Franchise Agreement shall be binding upon the heirs, successors, executors, administrators, receivers, trustees, legal representatives, transferees and assigns of VERIZON; and all privileges as well as any obligations and liabilities of VERIZON shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever VERIZON is named herein. Section 23. Waiver. No failure by either Party to insist upon the performance of any of the terms of this Franchise Agreement or to exercise any right or remedy consequent upon a Default thereof, shall constitute a waiver of any such Default or of any of the terms of this Franchise Agreement. None of the terms of this Franchise Agreement to be kept, observed, or performed by either Party, and no Default thereof, shall be waived, altered, or modified except by a written instrument executed by the injured Party. No waiver of any Default shall affect or alter this Franchise Agreement, but each of the terms of this Franchise Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default thereof. No waiver of any Default of the defaulting Party shall be implied from any omission by the injured Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and then only for the time and to the extent therein stated. One or more waivers W: Word Processing \OrdinancesWerizon-Seattle SMSA FranchiseAgreement 1-29-18 GL:bjs Page 18 of 20 93 by the injured Party shall not be construed as a waiver of the subsequent Default of the same covenant, term, or conditions. Section 24. Survival of Terms. Upon the expiration, termination, revocation, or forfeiture of the Franchise Agreement, VERIZON shall no longer have the right to occupy the Franchise area for the purpose of providing services authorized herein. However, VERIZON's obligations under this Franchise Agreement to the City shall survive the expiration, termination, revocation, or forfeiture of these rights according to its terms for so long as VERIZON's Telecommunications System or any part thereof shall remain in whole or in part in the Public Rights -of -Way, or until such time as VERIZON transfers ownership in all Facilities in the Franchise Area to the City or a third - Party, or until such time as VERIZON abandons said Facilities in place, all as provided herein. Said obligations include, but are not limited to: VERIZON's obligations to indemnify, defend, and protect the City, to provide insurance, to relocate its Facilities, and to reimburse the City for its costs to perform VERIZON's work. Section 25. Force Majeure. A. In the event VERIZON is prevented or delayed in the performance of any of its obligations herein due to circumstances beyond its control or by reason of a force majeure occurrence, such as, but not limited to, acts of God, acts of terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes, severe weather conditions, employee strikes and unforeseen labor conditions not attributable to VERIZON's employees, VERIZON shall not be deemed in Default of provisions of this Franchise Agreement. B. If VERIZON believes that circumstances beyond its control or by reason of a force majeure occurrence have prevented or delayed its compliance with the provisions of this Franchise Agreement, VERIZON shall provide documentation as reasonably required by the City to substantiate VERIZON's claim. VERIZON shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise Agreement or to procure a substitute for such obligation that is satisfactory to the City; provided that VERIZON shall perform to the maximum extent it is able to perform and shall take reasonable steps within its power to correct such cause(s) in as expeditious a manner as possible, provided that VERIZON takes prompt and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with the Franchise Agreement without unduly endangering the health, safety, and integrity of VERIZON's employees or property, or the health, safety, and integrity of the public, Public Rights -of -Way, public property or private property. Section 26. Attorneys' Fees. in the event a suit, action, arbitration, or other proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted to enforce any word, article, section, subsection, paragraph, provision, condition, clause or sentence of this Franchise Agreement or its application to any person or circumstance, the prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys, paralegals, accountants, and other expert fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as allowed by Washington law and as determined by the judge or arbitrator at W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 19 of 20 94 trial or arbitration, as the case may be, or on any appeal or review, in addition to all other amounts provided by Law. This provision shall cover costs and attorneys' fees related to or with respect to proceedings in Federal Bankruptcy Courts, including those related to issues unique to bankruptcy law. This provision shall not apply to the extent that the suit, action, arbitration, or other proceeding is brought to interpret any term, condition, provision, section, article, or clause of this Franchise Agreement. Section 27. Venue. This Franchise Agreement shall be governed by, and construed in accordance with the laws of the State of Washington. Any action brought relative to enforcement of this Franchise Agreement, or seeking a declaration of rights, duties, or obligations herein shall be initiated in the Superior Court of King County, and shall not be removed to a federal court, except as to claims over which such Superior Court has no jurisdiction. Removal to federal court shall be to the Federal Court of the Western District of Washington. Section 28. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 29. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKVVILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy 01F aherty, MMC, City Clerk Alan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel Turpin, City Attorney Ordinance Number: Attachment: Exhibit A — Franchise Agreement Acceptance Form W: Word Processing \OrdinancesWerizon-Seattle SMSA Franchise Agreement 1-29-18 GL:bjs Page 20 of 20 95 Date: EXHIBIT A Seattle SMSA Limited Partnership, d/b/a Verizon Wireless Franchise Agreement Acceptance Form City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila, WA 98188 Dear City Clerk: Re: Ordinance No. , adopted on In accordance with and as required by Section 5 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance"), Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a Verizon Wireless, hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Jim R. Creel, Jr., Director — Network Field Engineering cc: Public Works Director, City of Tukwila 96 City ^ f T U -^U a City Council Transportation & Infrastructure (`OmOOittoe TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November 28, 2017 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Kate Kruller, Chair, Joe Duffle, and De'Sean Quinn; Staff: Robin Tischmak, Ryan Larson, Gail Labanara, Pat Brodin, Laurel Humphrey Guests: Zak Idan, Councilmember-elect; Mark Larson, resident CALL TO ORDER: Acting Chair Quinn caUed the meeting to order at 5:30 p. L PRESENTATIONS II. BUSINESS AGENDA A. Draft Ordinance: Verizon Franchise Agreement Staff updated the Committee on efforts to develop a franchise agreement with Verizon Wireless which would allow continued operation and maintenance of its fiber optic system in the City's right- of-way. The draft ordinance and agreement are not yet ready to present to the Committee for approval because Verizon has requested additional changes to insurance requirements that need to be approved by the City Attorney. A final draft will be presented to Committee in early 2018. Chair Kruller requested that staff and the Attorney look carefully into implications of small cell networks. RETURN TO COMMITTEE. B. 2017 Transportation & Infrastructure Committee Work PEan Committee members discussed status of pects and items on the 2017 Commitee Work plan. A work plan for 2018 will be developed to show carry-overs and Capital Improvement Program updates. DISCUSSION ONLY. III. MISCELLANEOUSVailey hiem/ Sewer District Open House Staff updated the Committee on ValLey View Sewer District's open house on the status of "The Loop" construction project. One City staff member and Councilmember Hougardy attended. The event was well attended by the community. National League of Cities Transportation & Infrastructure Services Chair Kruller updated the Committee on the NLC Transportation & Infrastructure Services Committee meetshe attended in November in Charlotte. Tax reform, unmanned vehicles, and funding were among the significant items discussed. She also participated in a roads and bridges forum, and has applied for reappointment to the TIS Committee in 2018. The Transportation Committee Meeting adjourned at 6:59 p. Committee Chalr Approval Minutes by LH, reviewed by GL 97