HomeMy WebLinkAboutTIC 2018-05-14 Item 2A - Agreement - Strander Boulevard Extension Phase III: Utility Relocation Design Reimbursement with BP / Olympic Pipeline for $630,000City of Tukwila
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director I -i/'
BY: Steve Carstens, PE, Senior Program Manager
CC: Mayor Ekberg
DATE: May 11, 2018
SUBJECT: Strander Boulevard Extension Phase 3
Project No. 98610403
BP/Olympic Pipeline Design Reimbursement
Allan Ekberg, Mayor
ISSUE
Approve the BP/Olympic Pipeline reimbursement agreement for Strander Boulevard Phase 3.
BACKGROUND
The City of Renton completed Phase 1 of the Strander Boulevard/SW 27th Street (Oakesdale Avenue to
Naches Avenue) in 2008 and Phase 2 (Naches Avenue to the new Tukwila Station/Sounder Commuter
Rail Station parking lot, between BNSF and UPRR) in 2014. Phase 3 is being led by the City of
Tukwila. Tukwila received Federal grant funding for the preliminary engineering and right-of-way
phases and is proceeding with the design process as part of the preliminary engineering phase.
DISCUSSION
In order to proceed with the design and coordinate utility work for the project, BP/Olympic Pipeline has
indicated that there will be a $630,000 fee for their company to design the utility relocation of their
pipeline. In the April 16, 2018 Transportation and Infrastructure Committee Meeting, the members
asked that staff determine additional information related to duplication of work. After discussions with
the design team and BP/Olympic, it was determined there would be minimal duplication of effort based
on the scope of work submitted. Any previous efforts performed by the design team (survey and
geotechnical work) are included in the scope and fees shown on the fee breakdown.
FISCAL IMPACT
Berger ABAM Design Contract
BP/Olympic Pipeline
Total
Estimate Budget
$4,147,328.00 $4,998,000.00
630, 000.00
$4,777,328.00 $4.998.000.00
RECOMMENDATION
Council is being asked to approve the agreement with BP/Olympic Pipeline in the amount of $630,000
for their design of utility relocation associated with the Strander Boulevard Extension Phase 3 project
and consider this item on the Consent Agenda at the May 21, 2018 Regular Meeting.
Attachments: 2017 CIP, pg. 13 and Draft 2019 CIP pg.
BP/Olympic Pipeline Agreement
W:IPW Eng1PROJECTSIA- RW & RS Projects\Strander Extension (98610403)101_Preliminary Engineering120180511 Info Memo BP AG SM gl.docx
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2017 to 2022
Strander Blvd Extension Phase 3 Project No. 98610403
Design and construct arterial improvements for a new roadway extending Strander Blvd/SW 27th St
from West Valley Highway to Oaksdale Ave in the City of Renton.
East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access.
Project segregated into three phases. Phase I extended Stander Blvd/SW 27th St from Oaksdale Ave to
Naches Ave SW. Phase II constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres
Station's parking lot. Paid Renton $1 m for Phase I & II. Phase III will construct the undercrossing of the
UPRR and complete the 4 lane roadway from West Valley Hwy in Tukwila to Naches Ave SW in Renton.
New street.
Project partners include the City of Renton, Boeing, WSDOT, FMSIB, Sound Transit, Metro, Amtrak, and
BNSF and UP Railroads. Funds in 2015-16 are for updated cost estimates and grant applications.
STP (PSRC), FAST Lane, and TIGER grants were submitted in 2016.
FINANCIAL
(in $000's)
Through Estimated
2015 2016 2017
2018
2019
2020
2021
2022
BEYOND TOTAL
EXPENSES
Project Location
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IN
1,1,111
Design
58
440
2,500
2,000
�
N a.
..
4,998
Land (R/W)
104
450
1,000
S i 9-i, J
of
a
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$'
1,554
Wetland Mitigation
50
500
550
Const. Mgmt.
2,800
2,000
4,800
Construction
15,000
12,200
27,200
TOTAL EXPENSES
162
440
3,000
3,000
18,300
14,200
0
0
0
39,102
FUND SOURCES
Awarded STP Grant
2,551
2,595
5,146
Proposed TIGER Grant
7,900
5,894
13,794
Proposed State TIB Grant
2,500
2,500
5,000
Proposed FMSIB Grant
2,500
2,500
5,000
Proposed STP Grant
5,000
3,000
8,000
City Oper. Revenue 162
440
449
405
400
306
0
0
0
2,162
TOTAL SOURCES 162
440
3,000
3,000
18,300
14,200
0
0
0
33,956
2017 - 2022 Capital Improvement Program
13
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2017 - 2022 Capital Improvement Program
13
2
2019 to 2024
PROJECT: Strander Blvd Extension Phase 3 Project No. 98610403
DESCRIPTION:
Design and construct arterial improvements for a new roadway extending Strander Blvd/SW 27th St
from West Valley Highway to Oaksdale Ave in the City of Renton.
JUSTIFICATION: East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access.
Project segregated into three phases. Phase I extended Stander Blvd/SW 27th St from Oaksdale Ave to
STATUS: Naches Ave SW. Phase II constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres
Station's parking lot. Paid Renton $1 m for Phase I & II. Phase III will construct the undercrossing of the
UPRR and complete the 4 lane roadway from West Valley Hwy in Tukwila to Naches Ave SW in Renton.
MAINT. IMPACT: New street.
Project partners include the City of Renton, Boeing, WSDOT, FMSIB, Sound Transit, Metro, Amtrak, and
COMMENT: BNSF and UP Railroads. Funds in 2015-16 are for updated cost estimates and grant applications.
STP (PSRC), FAST Lane, and TIGER grants were submitted in 2016.
FINANCIAL Through Estimated
(in $000's)
2015 2016 2017
2018
2019
2020
2021
2022
BEYOND TOTAL
EXPENSES
Design
58
301
341
2,500
1,659
4,859
Land (R/W)
104
1,860
1,964
Wetland Mitigation
500
50
550
Const. Mgmt.
; 1,015
1,951
2,966
Construction
21,000
23,524
44,524
TOTAL EXPENSES
162
301
341
2,500
3,519'
22,515
25,525
0
0
54,863
FUND SOURCES
Awarded STP Grant
255
1,000
2,637
3,892
Awarded Fastlane Grant
2,500
2,500
5,000
Awarded FMSIB Grant
2,500
2,500
5,000
State/Fed Appropriation
250
250
500
Proposed State TIB Grant
5,000
5,000
10,000
KC Metro
500
500
1,000
Sound Transit
500
500
1,000
PSRC Grant
4,760
4,760
City of Renton Funds
1,000
1,000
UPRR Funds
1,000
1,000
2,000
BNSF Funds
1,000
1,000
2,000
City Mitigation impact Fees
1,000
1,000
2,000
Other State Discretionary Funds
5,000
5,000
10,000
City Oper. Revenue 162
301
86
1,500
882
(2,495)
6,275
0
0
6,711
TOTAL SOURCES 162
301
341
2,500
3,519
22,515
25,525
0
0
54,863
2019 - 2024 Capital Improvement Program
3
REIMBURSEMENT AGREEMENT
MILEPOST: 114 approximate
PROJECT: Strander Blvd. Extension Project, Relocation of OPL 14 -inch R -P pipeline and OPL
12 -inch SeaTac lateral pipeline
LOCATION: A portion of NW Quarter of Section 25, Township 23 North, Range 04 East
OPL FILE REFERENCE: 3679 -KI -239 and 3678A -L -KI -5
THIS AGREEMENT, made and entered into this day of
2018 ("Effective Date"), by and between OLYMPIC PIPE LINE COMPANY LLC, a Delaware
limited liability company, whose address is 600 SW 39`h Street, Suite 275, Renton, WA 98057
(hereinafter referred to as "OPL") and the CITY OF TUKWILA, a State of Washington municipal
corporation, whose address is 6200 Southcenter Boulevard, Tukwila, WA 98188 (hereinafter
referred to as "CITY").
WITNESSETH:
WHEREAS, CITY desires to proceed with a construction project on property at the
location identified above (the "Strander Boulevard Extension Project"), which will require the
eventual relocation of a portion of OPL'S fourteen -inch pipeline and twelve -inch pipeline, and
WHEREAS, it is in the mutual interest of OPL and CITY for OPL to perform and provide
necessary preliminary pipeline relocation activities and services, as specified herein, with OPL'S
regular personnel, or by a contractor or subcontractor paid under a contract let by OPL, and
WHEREAS, OPL requires payment for the estimated expense, loss, or damage either
caused or made necessary by the performance of such activities and the provision of such
services provided by OPL, as specified herein, whether it is incurred directly by OPL or others
on behalf of OPL at the request of OPL prior to beginning any such work, as well as payment for
any actual increased or additional costs above the estimated amount, as more fully described in
Section II of this Agreement.
NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS
HEREIN RECITED, OPL AND CITY DO HEREIN AGREE AS FOLLOWS:
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Section I
OPL with its regular personnel at its standard schedule of wages and working hours, or
by a contractor or subcontractor, will perform the necessary activities as outlined in the scope of
work document being Exhibit "A" (the "Work") attached hereto and made a part hereof. The
preliminary estimated cost of the Work is Six Hundred Thirty Thousand Dollars ($630,000.00) as
set forth in attached Exhibit "B" ("Estimated Cost").
Section II
a) CITY shall pay any and all actual costs and expenses incurred by or on behalf of OPL in
connection with performance of the Work (the "Actual Cost"). Monthly, OPL will submit a
reimbursement request to the City that describes the work performed and the cost. The City will
pay OPL within 30 days of receipt of the request.
Section III
OPL shall perform the Work as defined and outlined in Exhibit "A".
Section IV
OPL shall have no obligation to start the Work until written notice has been provided by
CITY that the Work has been agreed to, approved by and authorized by CITY, a satisfactory
starting date has been mutually agreed upon by both CITY and OPL, and the Estimated Cost
has been paid. Prior to starting the Work, CITY shall cooperate with OPL in obtaining or
causing to be obtained, in a form acceptable to OPL, any right, permit, permission, easement
and access rights, at the sole cost and expense of CITY, required for OPL to perform the
WORK and CITY shall, if requested by OPL, survey and stake all easements and access rights
that pertain to the Work.
Section V
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OPL, its contractor and sub -contractors, if any, shall not discriminate against any
employee or applicant for employment, to be employed in the performance of this contract, with
respect to his or her hire, tenure, terms, conditions or privileges of employment, or any matter
directly or indirectly related to employment, because of race, color, religion, sex, handicap,
national origin or ancestry.
Section VI
CITY HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE OPL, ITS
AFFILIATED COMPANIES (INCLUDING BUT NOT LIMITED TO ITS OPERATOR, BP
PIPELINES (NORTH AMERICA), INC.), AND ITS AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, AGENTS, EMPLOYEES AND CONTRACTORS FROM AND AGAINST ANY
AND ALL LIABILITIES, CLAIMS, LOSSES, FINES, DAMAGES, COSTS AND EXPENSES
(INCLUDING COSTS AND EXPENSES OF DEFENSE), ARISING OUT OF ANY DUTY,
OBLIGATION OR SERVICE OF THE CITY PURSUANT TO THIS AGREEMENT OR ANY
ACTION OR CONDUCT PERFORMED BY THE CITY IN CONNECTION WITH THE
STRANDER BOULEVARD EXTENSION PROJECT; EXCEPT, HOWEVER, THIS INDEMNITY
SHALL NOT APPLY TO THE EXTENT OF THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF OPL, ITS EMPLOYEES, AGENTS OR CONTRACTORS. IF ANY
PROVISION OF THIS INDEMNITY IS DETERMINED BY A COURT OF COMPETENT
JURISDICTION TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS OF
THIS INDEMNITY WILL REMAIN IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NEITHER
PARTY HERETO SHALL BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, LOSS OF PRODUCTION OR OTHER DAMAGES ATTRIBUTABLE TO
BUSINESS INTERRUPTION) ARISING IN CONNECTION WITH THIS AGREEMENT.
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Section VII
The term of this Agreement shall commence on the Effective Date and continue for a
period of twenty-four (24) months. The term of this Agreement shall not be extended unless an
authorized representative of OPL and CITY agree in writing to extend the term. If the Work is
not completed within the twenty-four (24) month term, or any agreed upon extension of the term,
OPL shall have the option to not perform or complete the Work and shall reimburse CITY the
amount that CITY has paid OPL less all actual costs incurred by OPL through the date of
termination of this Agreement. The provisions of Section VI of this Agreement shall survive any
termination and shall continue to remain in full force and effect upon termination of this
Agreement.
Section VIII
Without limitation or waiver of any of OPL'S rights elsewhere set forth in this Agreement,
OPL reserves the right, with or without cause, to stop the Work at any time and in addition
thereto to immediately terminate this Agreement without liability, and in such event OPL shall
reimburse CITY the amount that CITY has paid OPL less all actual costs incurred by OPL
through the date of termination of this Agreement.
Section IX
This Agreement constitutes the entire agreement, and supersedes all other prior
agreements and understandings, both written and oral, among the parties, with respect to the
subject matter of this Agreement. This Agreement may be amended, modified, or
supplemented but only in writing signed by an authorized representative of both OPL and CITY.
Section X
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The provisions of this Agreement are solely for the benefit of the parties to this
Agreement and no provision of this Agreement should be deemed to confer upon any other
party any remedy, claim or right.
Section XI
If any term or provision of this Agreement shall be found to be invalid, illegal or otherwise
unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this
Agreement, but such term or provision shall be deemed modified to the extent necessary to
render such term or provision enforceable, and the rights and obligations of the parties shall be
construed and enforced accordingly, preserving to the fullest permissible extent the intent and
agreements of the parties as set forth herein.
Section XII
This Agreement shall be construed in accordance with the laws of the United States and
the state where the Work is to be performed, without regard to such state's conflicts of law rules.
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IN WITNESS HEREOF, the parties hereto separately and severally have caused this
AGREEMENT to be executed in their respective names by and through their duly authorized
representatives, as of the day and year first above written.
OLYMPIC PIPE LINE COMPANY LLC,
a Delaware limited liability company
By:
Typed: M o r G {-Aor �l
Title: Pre. , 6_0—/•`*
FEIN: y -- 0�I C� 2-Z_ r7
CITY OF TUKWILA, a State of Washington
municipal corporation
By:
Typed:
Title:
FEIN:
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Exhibit A
SCOPE OF WORK
Description of Work
OPL will develop a design and plan to relocate its 14 -inch and 12 -inch petroleum pipelines in
interference with the Strander Boulevard Expansion Project in Tukwila, WA. This relocation
will accommodate the CITY's expansion of Strander Boulevard. As a result OPL's 12 -inch
and 14 -inch pipelines are impacted and will need to be relocated.
Under this Agreement, OPL will perform the following preliminary engineering design work
associated with the modification or relocation of its facilities.
Project Management
• Organize and develop work plan and advance design development.
• Provide guidance on private property coordination and legal review of any easement,
and coordinate with CITY on replacement easements and/or reciprocal conveyances.
• Procurement of engineering, surveying, and construction contractors.
• Track right of way document development.
• Coordinate with the CITY on the design and construction methods of the proposed
relocation so the CITY can proceed with the permitting.
Potholing/Soil Borings
• Pothole elevation of 12" and 14" pipelines upstream/upland tie-in location.
• Probe/confirm elevation of 20" pipeline downstream tie-in location.
• If sufficient subsurface soil and groundwater information is not available, complete
soil borings as necessary.
Survey Contractor
• Update topographic gaps from CITY -provided CADD and mapping information.
• Modify data for design development.
• Survey location of items during design phase engineering.
Modeling
• From updated field investigation, model proposed alignment for design development.
Design
• Design pipe relocation, bends, and length of pipe.
• Prepare right of way plan sheets.
• Identify laydown area and ingress and egress areas.
• Coordinate with mechanical contractor on constructability issues.
• Prepare plan view and profile of pipe relocation.
• Prepare contract specifications.
Geotechnical
• Review, evaluate, analyze, and plan for site geotechnical conditions that may impact
construction of the petroleum pipeline relocations.
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Permitting
• Washington State Department of Ecology (WSDOE) — NPDES Construction
Stormwater General Permit and approval of possible SEPA amendment
determination by City of Tukwila.
City of Tukwila - permits required by City code and after consultation with City staff,
which may include permits for right-of-way use and grading. Additionally, depending
on the scope of work, determine with City staff whether a SEPA amendment and/or
additional Critical Areas Review is required to complete Olympic's work.
Deliverable
• Plans, Specifications & Estimates (PS&E) for the petroleum pipeline relocation, which
will be utilized by OPL to procure the relocation's construction.
Schedule (Tentative)
• Survey, site reconnaissance, and potholing (if necessary) - 2nd & 3`d Quarters 2018.
• Engineering design 6 to 8 months; 2"d 3rd & 4th Quarters 2018.
• Permit package development & submittal — submittal date TBD.
Exhibit A Page 2 of 2
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Strander Boulevard Expansion Project
Preliminary Engineering Agreement
Exhibit B Engineering Cost Estimate
Phase 3: Strander Boulevard Expansion
Labor $189,400
Travel 86 Expense $5,000
Engineering 86 Survey $278,600
Permitting $25,000
15% UAP $74,700
Overhead
sub total $572,700
10.00% $57,270
TOTAL* $630,000
NOTE:
UAP based on actual expense and not generated
from imbedded worksheet calculations
* Rounded to nearest $100
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