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TIC 2018-05-14 COMPLETE AGENDA PACKET
City of Tukwila Transportation and Infrastructure Committee •O•••• Thomas McLeod, Chair De'Sean Quinn Zak Idan Distribution: T. McLeod D. Quinn Z. Idan V. Seal D. Robertson Mayor Ekberg D. Cline L. Humphrey H. Hash G. Labanara City Engineer P. Brodin R. Turpin A. Youn Clerk File Copy 2 Extra Place pkt pdf on Z:\Trans & Infra Agendas e-mail cover to: A. Le, C. O'Flaherty, A. Youn, D. Almberg, B. Saxton, S. Norris, L. Humphrey, V. Seal, T. McLeod AGENDA MONDAY, MAY 14, 2018 — 5:30 PM HAZELNUT CONFERENCE Room (EAST ENTRANCE OF CITY HALL) Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a) Strander Boulevard Extension Phase 3 a) Forward to 5/21/18 Regular Pg. 1 BP/Olympic Pipeline Design Reimbursement Consent Agenda b) Chinook Wind b) Committee Approval Pg. 13 Grant Application c) Riverton Creek Flap Gate Removal c) Forward to 5/21/18 Regular Pg. 15 Acceptance of SRFB Grant Consent Agenda d) 53rd Ave S — S 137th St to S 144th St d) Forward to 5/21/18 Regular Pg. 19 Memorandum of Agreement with SCL/City of Seattle Consent Agenda e) 42nd Ave S Phase III & Gilliam Culvert Replacement Projects e) Forward to 5/21/18 Regular Pg. 43 Consultant Management Supplement #1 with AECOM Consent Agenda f) Annual Pavement and Repair Program Forecast f) Information Only Pg. 51 Informational Update g) Transportation & Infrastructure Committee g) Information Only Pg. 63 2018 Work Plan h) 2019 Budget Proviso for SeaTac Int'I Airport Impact Study h) Discussion Only Pg. 67 3. SCATBd 4. MISCELLANEOUS 5. ANNOUNCEMENTS Future Agendas: • Crosswalks & Stop Signs • 2018 Committee Work Plan Next Scheduled Meeting: Tuesday, May 29, 2018 (due to holiday) SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. ti City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director /1/2 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 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 EngIPROJECTSIA- RW 8 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 11 constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres Station's parking lot. Paid Renton $1 m for Phase 1 & 11. 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 - ' ester L�;,� ' !g � GO Design 58 440 2,500 2,000 Wander n�r{t ri a n 4,998 Land (RNV) 104 450 1,000 S . \‘' 1 1,554 Wetland Mitigation S 6 180 6 50 500 /9i1:a 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 2 Project Location - ' ester L�;,� ' !g � GO i -- "''V-113 .' Wander n�r{t ri a n N - UP°i S . \‘' 1 �� / -, S 6 180 6 /9i1:a 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 11 constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres Station's parking lot. Paid Renton $1m for Phase 1 & 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/VV) 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 39th 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: 1 4 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 2 5 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. 3 6 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 4 7 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. 5 8 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: 1 alar c, or �1 Title: FEIN: LQO`1 ZZ'? CITY OF TUKWILA, a State of Washington municipal corporation By: Typed: Title: FEIN: 6 9 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 Iaydown 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. 10 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 11 Strander Boulevard Expansion Project Preliminary Engineering Agreement Exhibit B Engineering Cost Estimate Phase 3: Strander Boulevard Expansion Labor $189,400 Travel & Expense $5,000 Engineering & 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 12 .4`5 0 1p rz City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director ////- BY: Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: May 11, 2018 SUBJECT: Chinook Wind Project No. 91441202 Grant Application ISSUE Authorize the submittal of a grant application to the Washington State Recreation and Conservation Office (RCO) and other future grant opportunities to fund the public access portion of the Chinook Wind Project. BACKGROUND King County acquired the Chinook Wind site in 2015 and is currently developing the habitat restoration component through their in -lieu fee mitigation program. The City of Tukwila, per City Resolution No. 1856, will accept ownership of the Chinook Wind property in the future. As such, the City desires to develop public use and maintenance access to Chinook Wind, including a trail, trailhead parking, site furnishings, and signage. DISCUSSION RCO is currently seeking applications for several of its grant programs. Staff has identified RCO's Aquatic Lands Enhancement Account (ALEA) grant program as the best fit to fund the desired improvements for Chinook Wind. Current City policy requires approval by the appropriate Committee before applying for grants. FISCAL IMPACT ALEA development project grants are capped at $500,000. There is a 50% match required for the RCO ALEA grant. It is anticipated that the match will come from the $1,553,616 City of Tukwila Conservation Futures grant that was awarded for Chinook Wind acquisition. The Futures funds have been allocated to King County as they are currently the lead agency for Chinook Wind. RECOMMENDATION Committee approval is being asked for the submittal of the RCO grant application and other grant opportunities that may become available for the Chinook Wind Project. Attachments: 2017 CIP Pg. 101 W:U'W Eng\PROJECTS\A- DR Projects\Chinook Wind (91441202)\Grants\2018 RCO_ALEA\Info Memo Chinook Wind 051118 gl sm mp.docx 13 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Chinook Wind Project No. 91441202 DESCRIPTION: Purchase and restore site as a salmon estuary and passive park. The WRIA 9 Salmon Recovery Plan recommends creating 20 -acres of off -channel habitat within the JUSTIFICATION: Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery within the Green/Duwamish Watershed. STATUS: Property purchased and site cleared by King County in 2015 using King Conservation Futures and King County Mitigation Bank. Site scheduled to be turned over to Tukwila. MAINT. IMPACT: Passive park will require additional maintenance. COMMENT: Site may be developed by King County. Proposed grant funding for construction is from the KC Mitigation Bank, State Salmon Funding Recovery Board, State ALIA, and King County Flood Control District. FINANCIAL Through Estimated (in $000's 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES 1 Project Location '0 a ...x rl Design 6 700 —--baalIV 4: o s 706 Land (RNV) 27 II il ,, 27 Monitoring 15 15 15 10 10 10 10 85 Const. Mgmt. 500 500 Construction 5,000 5,000 TOTAL EXPENSES 33 0 715 15 5,515 10 10 10 10 6,318 FUND SOURCES Awarded Grant 0 Proposed Grant 600 5,450 6,050 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 33 0 115 15 65 10 10 10 10 268 TOTAL SOURCES 33 0 715 15 5,515 10 10 10 10 6,318 2017 - 2022 Capital Improvement Program 101 14 1 Project Location '0 a ...x rl liak IlkvQ `\ a A. —--baalIV 4: o s II il ,, ) tP s 12 m S12•� \ \ S 30 St ., .. 2017 - 2022 Capital Improvement Program 101 14 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director /? //- BY: Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: May 11, 2018 SUBJECT: Riverton Creek Flap Gate Removal Project No. 99830103 Acceptance of SRFB Grant ISSUE Authorize the Mayor to sign a grant agreement with the State of Washington by and through the Salmon Recovery Funding Board (SRFB) and the Washington State Recreation and Conservation Office (RCO). BACKGROUND The City applied for and was awarded a Puget Sound Acquisition and Restoration (PSAR) grant in 2016 in the amount of $551,070 for the Riverton Creek Flap Gate Removal Project. In 2017, the City applied for and was awarded an additional $295,895 Salmon Recovery grant. The 2017 State construction budget was not passed until January 2018 and delayed the issuance of the 2016 PSAR grant award. Consequently, the 2016 PSAR and 2017 Salmon Recovery grants have now been combined into one grant agreement. DISCUSSION The RCO grant agreement has now been finalized and is ready for signatures. FISCAL IMPACT There is a 15% match required for the RCO SRFB grant. The City match will come from surface water utility revenue with $308,000 currently budgeted in 2017 and 2018. Grant Award City match Total 2016 PSAR $551,070 $97,248 $648,318 2017 SRFB 295,895 52,217 348,112 Total $846,965 $149,465 $996,430 RECOMMENDATION Council is being asked to authorize the Mayor to execute the RCO SRFB grant contract for the Riverton Creek Flap Gate Removal Project and consider this item on the Consent Agenda at the May 21, 2018 Regular Meeting. Attachments: 2017 GIP Pg. 108 Funding Board Project Agreement: Riverton Creek Flap Gate Removal, No. 17-1048R W:\PW Eng\PROJECTS \A- DR Projects\Riverton Flap Gate Removal (99830103 98-DR03)\Grants\Phase 2\Combined 2016_2017 RCO grant\Info Memo RCO grant acceptance 051118 gl sm mp.docx 15 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Riverton Creek Flap Gate Removal Project No. 99830103 DESCRIPTION: Remove two culverts and flap gates at Duwamish River; install pipe arch, create open channel confluence, install trail bridge over new channel, restore/revegetate 200 feet of creek channel and 450 ft. of pond shoreline. JUSTIFICATION: Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River. Improve fish access to Riverton Creek and enhance salmon rearing and resting area. STATUS: Design at 70% completion in 2011 with a Salmon Recovery Funding Board grant of $42,500 and $30,000 from People for Puget Sound. Construction is grant dependent. MAINT. IMPACT: Expected to increase maintenance. COMMENT: Proposed grants include State & Federal habitat grants. Project used as mitigation for East Marginal Way Pipe Replacement Project and HPA Control#133763-1 requires work to be completed by June 11, 2019. FINANCIAL Through Estimated (in $000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Project Location` = I N 11v \i ,,t/ �e-y s: Design 114 10 108 232 Land (R/W) ------Effl 'F.- N a l l _ 0 Const. Mgmt. v 91 Q\' S A 100 sir. 100 Construction r 12@ 5ti� iza� 650 ©�3OSt '_�,..� % ; 650 TOTAL EXPENSES 114 10 108 750 0 0 0 0 0 982 FUND SOURCES Awarded Grant 72 72 Proposed Grant 550 550 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 42 10 108 200 0 0 0 0 0 360 TOTAL SOURCES 114 10 108 750 0 0 0 0 0 982 2017 - 2022 Capital Improvement Program 108 16 Project Location` = I N 11v \i ,,t/ �e-y s: L._ ------Effl 'F.- N a l l _ .8% O D N v 91 Q\' S A sir. r 12@ 5ti� iza� ©�3OSt '_�,..� % ; 2017 - 2022 Capital Improvement Program 108 16 WASHINGTON STATE Recreation and Conservation Office Funding Board Project Agreement Project Sponsor: City of Tukwila Project Number: 17-1048R Project Title: Riverton Creek Flapgate Removal II Approval Date: 1/31/2018 A. PARTIES OF THE AGREEMENT This Funding Board Project Agreement (Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila (Sponsor, and primary Sponsor), 6200 Southcenter Blvd, Tukwila, WA 98188, and shall be binding on the agents and all persons acting by or through the parties. The Sponsor's Data Universal Numbering System (DUNS) Number is 010207504. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Per the Applicant Resolution/Authorizations submitted by all sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project, including but not limited to, full authority to: (1) sign an application to the funding board for grant assistance, (2) enter into this project agreement on behalf of the Sponsor(s) (including indemnification and waiver of sovereign immunity as provided therein), (3) enter any amendments thereto on behalf of the Sponsors, and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative of all sponsors. If a Sponsor wishes to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization, the Sponsor has the obligation to provide to RCO in writing a new Applicant Resolution/Authorization signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, RCO will be entitled to rely upon the fact that the current Authorized Representative/Agent has the authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (see Section 11. PROJECT REIMBURSEMENTS). B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal and State Building Construction Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the Sponsor for the project named above per the director's authority granted in RCW 79A.25.020. C. DESCRIPTION OF PROJECT The City of Tukwila will improve habitat conditions along the lower 1300 lineal feet of Riverton Creek and restore fish access between the creek and the Duwamish River, providing off -channel rearing habitat for salmonids, including the ESA listed Chinook salmon, steelhead, and bull trout. The property is located along the Green River Trail on the left bank of the Duwamish River at RM 6.5, all within the tidally influenced estuary. Restoration will include a) adding large wood to the creek channel, b) removing invasive vegetation and installing native plants to establish a native riparian buffer along 400 ft on the Duwamish River and on each side of the creek, including a'/4 acre emergent wetland, c) replacing two perched culverts and flapgates with an open culvert/bridge that supports the trail, d) installing a new pedestrian bridge/culvert for the Green River Trail and structural reinforcement to the adjacent roadway (Tukwila International Blvd). The site is across the river from Duwamish Gardens and Chinook Wind habitat restoration projects, and adjacent to the SR 599 off ramp to Tukwila International Boulevard. Reconnecting the creek to the river requires construction of a structural sheet pile wall to protect the southern Tukwila International Boulevard bridge abutment.The pedestrian bridge and an interpretive sign will provide an opportunity for people to experience nature and view wildlife. This Duwamish River bank is categorized as 'critical' on the Muckleshoot Tribes Sun Aspect Map, identifying a most critical need of shade based on solar aspect. D. PERIOD OF PERFORMANCE The period of performance begins on January 19, 2018 (project start date) and ends on June 30, 2021 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement or specifically provided for by WAC Title 420; or SRFB policies published in RCO manuals as of the effective date of this agreement. The Sponsor must request extensions of the period of performance at least 60 days before the project end date. The Sponsor has obligations beyond this period of performance as described in Section F: Long -Term Obligations. RCO 17-1048R Revision Date: 1/11/2018 Page 1 of 38 17 E. STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Project Agreement are hereby incorporated by reference as part of this Agreement. F. LONG-TERM OBLIGATIONS For this restoration project, the sponsor's on-going obligations shall be for a minimum of ten (10) years, or more as specific in the Landowner Agreement, after the final payment and shall survive the completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding board. G. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed $846,965.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: SRFB - Salmon Federal Projects SRFB - Puget Sound Acq. & Restoration Percentage Dollar Amount Source of Funding 29.70% 55.30% Project Sponsor 15.00% Total Project Cost $295,895.00 Federal $551,070.00 State $149,465.00 100.00% $996,430.00 H. FEDERAL FUND INFORMATION If federal funding information is included in this section, this project is funded by, matched by, and/or funded in part by the following federal award, or subaward: Federal Agency: US Dept of Commerce Catalog of Federal Domestic Assistance Number and Name: 11.438 - PCSRF Federal Award Identification Number: NA17NMF4380181 Federal Fiscal Year: 2017 Federal Award Date: 07/20/2017 Total Federal Award: $18,236,000 Federal Award Project Description: FY2017 Pacific Coast Salmon Recovery - Pacific Salmon Treaty Program Sponsor's Indirect Cost Rate: 0.00% of all costs for this agreement This funding is not research and development (R&D). If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal -year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200, Sub Part F Audit Requirements, Section 500 (2013). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured. I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unintended error or omission. This "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. RCO 17-1048R Revision Date: 1/11/2018 Page 2 of 38 18 �4sz City of Tukwila i3 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director 0/ BY: Ryan Larson, Senior Program Manager CC: Mayor Allan Ekberg DATE: May 11, 2018 SUBJECT: 53rd Ave South - S 137th St to S 144th St Project No. 99410301 Memorandum of Agreement with Seattle City Light/City of Seattle ISSUE Enter into an agreement with Seattle City Light/City of Seattle (SCL) for the construction cost sharing to underground the electrical distribution system as part of the 53rd Ave S Project. BACKGROUND The 53rd Ave S Project will construct roadway, drainage, sidewalks, illumination, water and sewer upgrades, and undergrounding of overhead utilities between South 137th Street and South 144th Street. The project design team worked with utility providers including Seattle City Light to incorporate their system requirements and design into the City's project. Negotiations between staff and SCL resulted in the attached Memorandum of Agreement (MOA) to cost share the undergrounding portion of the 53rd Ave S Project. ANALYSIS The costs to underground the electrical distribution system is proposed to be split; SCL will be responsible for 60% of the cost and Tukwila responsible for 40%. Costs for the aerial conversion are divided into two distinct types of work: civil Infrastructure costs and Underground Electrical System (UES) costs. Civil costs cover the work to install the physical infrastructure (e.g. vaults and conduit) while UES costs are for the work and materials to pull the cabling through the infrastructure and connect and energize the new system. Agency Civil Cost UES Costs Total SCL (60%) $ 412,823.40 $444,600.00 $857,423.40 Tukwila (40%) 275,215.60 296,400.00 571,615.60 Total $ 688 039.00 $741,000.00 $1,429,039.00 The costs above reflect the MOA language and the results from the actual contractor's bid. The final costs will be adjusted to reflect actual costs incurred during construction, but the share will be split with the 60%/40% cost share ratio. FINANCIAL IMPACT The total cost for underground is $1,429,039.00. Tukwila's share to underground the electrical system under this MOA is anticipated to be $571,615.60 based on the bid proposal and the UES costs projected by SCL. The anticipated reimbursement amount from SCL is $857,423.40. The cost sharing with SCL does not include all costs for the aerial conversion, only those specifically identified in the MOA as shared costs. Trenching and backfill costs within the right-of-way and all conversion work on private property are examples of work to be performed entirely at the City's expense and not part of this SCL MOA. RECOMMENDATION Council is being asked to authorize the Mayor to execute the Memorandum of Agreement with Seattle City Light for the 53rd Ave S Project and consider this item on the Consent Agenda at the May 21, 2018 Regular Meeting. Attachments: Memorandum of Agreement by and between the City of Seattle and City of Tukwila Page 3, 2017 CIP 19 W:IPW EngIPROJECTSIA- RW 8 RS Projects153rd Ave S (99110301)1ConstructionlInfo Memo SCL MOA 051118 gl.docx MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF SEATTLE AND CITY OF TUKWILA 53rd Avenue S (S 137th Street to S 144th Street) Aerial Overhead Electric Utility Relocation and Underground Installation Project This Memorandum of Agreement (the "Agreement") between the City of Seattle, by and through its City Light Department ("City Light"), a Washington municipal corporation located at 700 Fifth Avenue, Suite 3200, PO Box 34023, Seattle, WA 98124, and the City of Tukwila ("Tukwila"), a Washington municipal corporation with its offices located at 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188, (collectively the "Parties") sets forth the terms and work guidelines for the design and construction of an underground electrical distribution system for 53rd Avenue S from S 137th Street to S 144th Street in Tukwila, Washington, and a relocation of the existing overhead aerial system to the new underground system. WHEREAS, the Tukwila City Council has authorized the 53rd Avenue S (Project No. 99110301) street improvement/transportation project (the "Project") in an area with mixed zoning, including high and low density residential; and WHEREAS, Tukwila has determined that the Project requires the relocation and new construction of City Light utility infrastructure located within the boundaries of the project; and WHEREAS, City Light currently maintains and operates its utility infrastructure within the public rights of way of Tukwila under a franchise grant given to City Light pursuant to City of Tukwila Ordinance No. 2012, dated January 21, 2003 ("Franchise"); and WHEREAS, City Light acknowledges and agrees that the terms and conditions of the Franchise govern City Light activities within the Public Rights -of -Way of Tukwila; and WHEREAS, City Light acknowledges that Tukwila has given notice to City Light and Third -Party users of the necessity to remove existing aerial utility infrastructure in Tukwila in conformance with the requirements of the Franchise; and WHEREAS, the Parties recognize that certain efficiencies and cost savings can be achieved by having Tukwila manage the work for the Project and the relocation and undergrounding of City Light's electrical facilities through a single general contractor; and WHEREAS, City Light and Tukwila intend for this Agreement to provide a process for cooperation and coordination in the design, estimating, scheduling, construction through completion, and payment for, the electrical facilities undergrounding work in an efficient and cost-effective manner. NOW THEREFORE, in consideration of the mutual benefits to be provided the Parties through this Agreement, it is hereby agreed as follows: City of Tukwila — 53rd Ave S Undergrounding Agreement Page l of 17 20 FINAL AGREEMENT Section 1. General Principles 1.1 Order of Precedence: This Agreement is intended to establish procedures and work guidelines for the relocation of certain City Light utility infrastructure necessitated by the Project. In the event that any provision of this Agreement conflicts with a term, condition or provision of the Franchise, this Agreement will govern to the extent necessary to resolve the conflict. 1.2 Scope of Project: Tukwila has contracted with KPG ("Consultant") to design street improvements for the Project that will include roadway widening/improvements to accommodate new sidewalks, sharrows, retaining walls, drainage improvements, street lighting, traffic control and other associated work. Consultant will also prepare the Civil Infrastructure Plans, Specifications and Estimates for the Civil Infrastructure required to accommodate City Light facilities, as well the Private Property Infrastructure for the service connections on private property required for the Project. 1.3 Cooperation: City Light and Tukwila agree to work cooperatively in the process of design, estimating, scheduling and construction to bring the Work described in this agreement to completion in an efficient and timely manner. 1.4 Additional Right of Way Required: Tukwila intends to construct the Project within its existing right-of-way. However, it is anticipated that additional property will be necessary for placement of equipment and facilities to make the undergrounding of the aerial overhead utilities possible. Tukwila acknowledges that the acquisition of additional property by Tukwila will expedite the Project and provide access to City Light over the property to be acquired. Therefore, Tukwila agrees that it will be wholly responsible for the acquisition of such additional property that the Parties agree is necessary for use by City Light for its electrical distribution system (the "Additional Property"). City Light agrees that it will provide Tukwila with a written request for the acquisition of Additional Property beyond that identified during the design phase and, as to each such Additional Property, City Light shall provide the location, description, and size of property required to relocate the facilities and equipment. Upon acquisition by Tukwila, each Additional Property shall become a part of the public right-of-way and the use thereof for placement of City Light's facilities and equipment as part of its electrical distribution system shall be governed by the Franchise. To the extent that any Additional Property is not within a Tukwila Street Right -of -Way, Tukwila, at no cost to City Light, shall grant or obtain permanent easement rights for City Light on, over, under, across, and through such non - right -of -way Additional Properties for the installation, maintenance, operation, replacement, and reconstruction of City Light facilities, and reasonable access to said City Light facilities. Easements obtained on behalf of or granted to City Light shall be in a form and with terms and conditions acceptable to City Light. 1.5 Notice to Contractors: Tukwila understands that relocation of overhead power lines to underground along a busy and highly developed urban highways and streets as exist in the Conversion Area is a complex process. A certain amount of field engineering is normal with a corresponding need to adjust design, schedules, and costs. Tukwila agrees to City of Tukwila — 53rd Ave S Undergrounding Agreement Page 2 of 17 FINAL 21 inform the bidders of these considerations. Tukwila and City Light will coordinate and cooperate to avoid unnecessary delays in the review and approval of change orders related to the Work made necessary to adjust design, schedules, and costs as outlined in this Agreement. Notwithstanding any provision in this Agreement, the Franchise, PS&E or the City Light Civil Infrastructure Engineering Guidelines, City Light will have no independent authority to give direction to, or exercise control over, any of the City's Contractors or subcontractors, or their agents or employees, or to independently approve changes orders, issue field directives, or alter approved Civil Infrastructure Plans and Specifications. 1.6 Delay: Tukwila and City Light will work cooperatively to bring the Work to completion on schedule and within budget and to avoid disruption or delay to the City's contractor and its subcontractors. The Parties will be responsive to schedule and cost concerns and will commit sufficient resources to support the Work and will work cooperatively to resolve any unanticipated design and construction issues related to the Work as they may develop. 1.7 Civil Infrastructure: Tukwila will include the Civil Infrastructure (as defined in Section 2) as a separate Schedule to its construction bid documents, a copy of which is attached hereto as Exhibit A, Schedule C. Tukwila will construct all City Light Civil Infrastructure and Private Property Civil Infrastructure. 1.8 Underground Electrical System: City Light will perform the installation of its electrical facilities and equipment (Underground Electrical System as defined in Section 2) within the completed Civil Infrastructure. Tukwila shall, with the assistance of City Light, be responsible for coordinating with the private property owners for the portion of the Work to be performed on private property (the "Private Property Infrastructure Work"). (See also Section 6 Construction.) In the event that a private property owner refuses the undergrounding of their service or is otherwise delayed, City Light may, at the request of the City Tukwila, place a pole and route conduit to pole as necessary to maintain electric service to a City Light customer or customers. Such work shall be at Tukwila's request and expense. 1.9 Hard Surface Removal and Restoration Costs: Hard surface removal and restoration within City Light trenching and vault excavation limits of Schedule C work shall be Tukwila's responsibility. A hard surface similar to existing conditions within said construction limits will be required until such time that repaving, resurfacing and installing new sidewalks as a component of the overall Project improvements is to occur. City Light shall promptly notify Tukwila if City Light discovers a need for hard surface removal and restoration outside the limits of Schedule C work area, so that appropriate change orders to the Project contract can be made to complete such work. 1.10 Sequencing of Conversion Work: City Light's most efficient sequencing for overhead to underground relocation and installation work such as this Project is to begin electrical work only after all Civil Infrastructure design and construction is completed and accepted. In the event the Civil Infrastructure work is substantially complete before the date City Light is to begin its electrical infrastructure installation work (the "Electrical Work") in accordance City of Tukwila — 53rd Ave S Undergrounding Agreement Page 3 of 17 FINAL with the Project Schedule, City Light agrees to begin the Electrical Work within twenty (20) working days following its receipt of notice from Tukwila that the site is ready for such work to proceed and Civil Infrastructure has been accepted in writing by the City Light Inspector and City Light Project Manager ("Operational Acceptance"). In the event that the Electrical Work is delayed beyond the date set forth in the most current and approved Project Schedule, because Tukwila's Contractor has not completed the Civil Infrastructure, City Light agrees that it will begin the Electrical Work as soon as possible, but in no event more than thirty (30) working days after receiving notice from Tukwila that the Civil Infrastructure is complete and ready for City Light to proceed, and has been inspected and received written Operational Acceptance from City Light. Nothing herein shall prevent City Light and Tukwila from agreeing to a schedule for commencement of Electrical Work in phases prior to completion of all Civil Infrastructure Work. Section 2. Definitions The following terms are defined here as they are used in this Agreement: "Aerial Electrical System": The overhead electrical distribution system and service drops, including but not limited to cables, connections, terminations, transformers, switches, utility poles, and associated components. "Aerial Infrastructure Removal Project": The removal of the existing City Light Aerial Electrical System in the Conversion Area. "Bid Documents": Engineering design plans including those for Civil Infrastructure PS&E (definition stated below), Project specifications, bidder's forms, and certificates, bid contract documents, required contract provisions for Federal -Aid construction contracts if applicable, unit price bid schedule for all Schedules A-E. "City Light Civil Infrastructure Engineering Guidelines": The most current engineering guidelines, construction guidelines, materials standards, and engineering operations and practices adopted by City Light that govern the design, location, alignment, depth, materials, and engineering specifications determined by City Light in its sole discretion that apply to Civil Infrastructure associated with the Underground Electrical System. "Civil Infrastructure": Underground infrastructure necessary to contain and facilitate City Light's Underground Electrical System, including but not limited to conduit, ducts, duct banks, vaults, handholds, casing, and other non -energized electrical facilities, as described in Schedule C, SCL Electrical Ductbank. Civil Infrastructure does not include the Underground Electrical System. "Civil Infrastructure Plans, Specifications, and Estimates (PS&E)": Engineering design plans that include Civil Infrastructure work, Washington State Department of Transportation and Seattle City Light Standard Specifications and Details, and construction cost estimates. "Consultant": The City of Tukwila's consultant, KPG. City of Tukwila — 53rd Ave S Undergrounding Agreement Page 4 of 17 FINAL "Contractor": Selected contractor from Tukwila's Project bidding process. Selected contractor is responsible for all Project work, including but not limited to excavation, construction and all subcontracted work, except for the Electrical Work related to the Underground Electrical System. "Conversion Area": The 53rd Avenue S corridor in Tukwila, Washington from S 137th Street to S 144th Street, including parcels served by the electrical distribution system along this corridor. "Electrical Work": The installation of the Underground Electrical System within the completed Civil Infrastructure following Operational Acceptance by City Light. "Field Directive Change(s)": Design changes to agreed-upon "Work" as the result of field conditions. "Final Acceptance": The determination by City Light after all Schedule C work has been completed, including having all vault and hand hold lids brought to grade and completion of all punch list work related to the Civil Infrastructure, that the Civil Infrastructure is in conformance with the approved plans and specifications for the Project. Final Acceptance shall also be dependent upon the receipt and approval of as -built drawings for the Civil Infrastructure by City Light. Final Acceptance shall be in the form of a letter to Tukwila's City Engineer or another designated representative. "Operational Acceptance": The determination by City Light that the Civil Infrastructure is in material and substantial conformance with the approved plans and specifications for the Project and is ready for installation of the Underground Electrical System by City Light. "Primary Project Costs": All costs associated with the Project for providing the path for the utility infrastructure, including, but not limited to design, project management and construction management, trench and vault excavation and backfill, and repaving, resurfacing, installation and restoration of hard surfaces, including all labor, materials, tools, and equipment. Primary Project costs shall be the responsibility of Tukwila and not the responsibility of City Light. "Private Property Infrastructure": The underground infrastructure, including the service lines to be located on private property that is necessary for City Light to complete an underground service connection to the private property. Private Property Infrastructure is not the responsibility of City Light. "Private Property Infrastructure Work": The work that is necessary to design, construct and install the Private Property Infrastructure to enable City Light to complete the service connections at the "point of service termination point". Such work shall include any and all of the electrical underground work on each private property, including but not limited to: connections between the old overhead service at the weatherhead and the new underground cable, pulling the underground cable to a "point of service termination point" in the ROW or utility easement, and providing a secondary handhold at the point of service termination point. City of Tukwila — 53rd Ave S Undergrounding Agreement Page 5 of 17 FINAL 24 "Project": The design and construction of street/transportation improvements on 53rd Avenue S between S 137th Street to S 144th Street in Tukwila, Washington being performed by the City of Tukwila. "Project Management Costs": Labor time, equipment, and materials costs internal to each party directly related to management of the Project. "Schedule C Work": The work to be performed that is included in Schedule C to this Agreement, also referred to as the Civil Infrastructure work. "Third Party(ies)": The entities other than City Light whose aerial facilities and equipment are attached to utility poles within the Conversion Area, which poles are owned or jointly owned by City Light. "Third Party Aerial Infrastructure Removal Project": The removal of all aerial facilities and equipment owned or operated by Third-Party(ies). "Underground Electrical System": The underground electrical distribution system and underground service lines, including but not limited to cables, connections, terminations, transformers, switches, and associated components. "Underground Relocation and Installation Project": The design, construction, and installation of the Underground Electrical System within the Conversion Area. "Work": The work to be performed under this Agreement, including the Civil Infrastructure Work, the Underground Relocation and Installation Project, the Electrical Work, and energizing of the Underground Electrical System. Section 3. Design Development and Review Process 3.1 City Light will, in accordance with Section 3.4 of this Agreement, provide Tukwila and the Consultant with the City Light Civil Infrastructure Engineering Guidelines which Tukwila and the Consultant will use to prepare and complete the Civil Infrastructure PS&E. Tukwila shall provide the basic layout of the Civil Infrastructure, including conduit and vault layout, conduit duct details, vault and hand hole details, and engineering specifications for the material in accordance with City Light Civil Infrastructure Engineering Guidelines. City Light will make its staff reasonably available to Tukwila and the Consultant to facilitate the completion of the Civil Infrastructure PS&E. 3.2 Upon execution of this Agreement, City Light will furnish Tukwila with a list of known Third Party renters having facilities on City Light owned poles within the Conversion Area. Tukwila will be responsible for communicating the need to relocate these facilities with each Third -Party renter and coordinating with each renter for the relocation and undergrounding, or removal without relocation of the renter' s facilities and equipment. City Light will provide notice to each Third -Party renter of the need to remove facilities pursuant to any such agreements, rules or regulations City Light has that are applicable to such Third -Party renters. City Light will, in accordance with Section 6.3.3. of this City of Tukwila — 53rd Ave S Undergrounding Agreement Page 6 of 17 FINAL Agreement, cooperate with and assist Tukwila in Tukwila's efforts to facilitate the relocation of the facilities of the pole renters attached to City Light's Aerial Electric System and completion of the Third -Party Aerial Infrastructure Removal Project, including to the extent necessary using legal authority City of Tukwila and City Light have under any agreement, franchise agreement, ordinances, rules or regulations that are applicable to such Third -Party renters. 3.3 Tukwila shall be responsible for completion of the Civil Infrastructure PS&E. The Consultant will coordinate with a designated City Light staff person to ensure that the Civil Infrastructure PS&E incorporates appropriate specifications and detail that conform to City Light Civil Infrastructure Engineering Guidelines. City Light will be responsible for the detailed electric design of the Underground Electrical System and any design work necessary to complete the Aerial Infrastructure Removal Project. 3.4 The Civil Infrastructure PS&E must meet City Light Civil Infrastructure Engineering Guidelines, using materials in accordance with City Light material standards included therein. City Light shall provide Tukwila with the Civil Infrastructure Engineering Guidelines within thirty (30) working days written notice to City Light that Tukwila is commencing design. 3.5 Format: Submittals shall be transmitted in hard copy three half-size sets, digital forms in CADD and direct plot -to -PDF formats. Electronic files shall be in accordance with City Light's CADD (Computer Aided Design/Drafting) standards and compatible with AutoCAD 2014 unless otherwise agreed to by City Light and shall include clarifications from the Design Engineer to City Light. Section 4. Cost Estimates, Contractor Selection & Construction Schedule 4.1 Estimates: Tukwila shall have primary responsibility for developing cost estimates for construction and completion of the Civil Infrastructure work. City Light shall have primary responsibility for developing cost estimates for the Underground Relocation and Installation Project and the Aerial Infrastructure Removal Project. Tukwila and City Light shall consult each other and achieve a consensus regarding the cost estimates. 4.2 Bid Process: 4.2.1 Tukwila agrees to allow five (5) working days for City Light to review submitted bid tabulations. 4.2.2 The Civil Infrastructure work will be advertised as Schedule C and will be included in the basis for award to Tukwila's selected contractor for the Project. Tukwila will include in the bid documents a requirement for the bidders to provide an itemized unit cost breakdown schedule for the Civil Infrastructure work. Following the opening of bids, Tukwila will provide City Light with the bid tabulations for review. City Light will provide comments to Tukwila within five (5) working days of receipt of the bid tabulations. 4.2.3 Prior to Tukwila's call for bids, Tukwila and City Light will agree on a tentative City of Tukwila — 53rd Ave S Undergrounding Agreement Page 7of17 FINAL schedule identifying key milestones for Project work. Milestones will include completion and operational acceptance of Civil Infrastructure, completion of the Private Property Infrastructure work, completion of the Underground Relocation and Installation Project including energizing of new underground circuits, completion of the Third -Party Aerial Infrastructure Removal Project, completion of the customer service cutovers, and completion of the Aerial Infrastructure Removal Project. 4.3 Construction Schedule: 4.3.1 Pre -Construction Conference: Promptly following the execution of the civil construction contract between Tukwila and its Contractor, a pre -construction conference shall be scheduled involving all participants in the Project to review the design, coordination requirements, work sequencing and related requirements. City Light will provide input during this discussion regarding key milestones for Civil Infrastructure and Underground Electrical System work, including completion and acceptance of Civil Infrastructure, energizing new underground circuits, customer service cutovers, and removal of the overhead power system. 4.3.2 Schedules and Updates: The construction contract with Tukwila's Contractor shall require Contractor to submit a preliminary progress schedule, weekly look -ahead schedules, and updates in hard and electronic media formats in accordance with the contract specifications. Tukwila will transmit these schedules to City Light for review and comment. City Light shall submit comments, if any, within five (5) working days of receipt of weekly look -ahead schedules or other updates with a window of 4 weeks or less in span of coverage. City Light shall submit comments, if any, within ten (10) days working days of receipt of the preliminary schedule or update with a span of coverage of longer than four (4) weeks. City Light will provide input to discussions between Tukwila, the Consultant, and its Contractor to develop and maintain a project master schedule showing the milestones and critical path. 4.3.2.1 During construction of the Schedule C Work, Tukwila and the Contractor will hold weekly construction meetings at the City of Tukwila offices or on-site. To obtain the most recent and/or first- hand information on the construction progress of the Schedule C Work, City Light will attend such meetings and will provide an initial schedule and verbal updates of said schedule. The time and locations of said meetings will be determined at the Pre -Construction Conference. 4.3.3 Civil Infrastructure: Upon substantial completion of the Civil Infrastructure, Tukwila shall give written notice to City Light of such substantial completion. City Light will, within ten (10) working days of receipt of such notice, commence an inspection of the Civil Infrastructure for compliance with the approved plans and specifications, and any approved amendments thereto. If City Light determines that the Civil Infrastructure is in material and substantial conformance with the approved plans and specifications and is ready for installation of the Underground City of Tukwila — 53rd Ave S Undergrounding Agreement Page 8 of 17 FINAL Electrical System, City Light shall give its written Operational Acceptance of the same. If City Light rejects the Civil Infrastructure, or any part thereof, it shall provide a written punch list to Tukwila, including an explanation of the reasons for its disapproval and the necessary corrections to be made. Tukwila will cause its Contractor to correct the problem as soon as practicable after receipt of such notice. The foregoing procedure will be repeated until City Light has given full Operational Acceptance of the Civil Infrastructure. Tukwila shall require the Contactor to be responsible for protecting the Civil Infrastructure inside the Project limits until Final Acceptance is given by City Light. 4.3.4 Underground Relocation and Installation Project: City Light will complete and energize the Underground Relocation and Installation Project within ninety (60) working days of its written Operational Acceptance of the Civil Infrastructure. City Light will contemporaneously therewith, but no later than thirty (30) working days following completion of the Underground Relocation and Installation Project, except as provided for in Sections 4.9 or 4.10 of this Agreement, complete the service connections for all City Light Customers within said Conversion Area that have completed the Private Property Infrastructure Work to City Light's satisfaction. 4.3.5 Aerial Infrastructure Removal Project: City Light shall complete the Aerial Infrastructure Removal Project within ninety (60) working days following the completion of the Third -Party Aerial Infrastructure Removal Project and private property service conversion, except as provided for in Sections 4.5 or 4.4 of this Agreement. 4.4 Design Revisions: Tukwila will immediately notify in writing the City Light inspector, as well as City Light's project manager, of any potential design revisions affecting the Civil Infrastructure and ensure that City Light reviews and approves those design revisions. 4.5 City Light project manager will immediately notify Tukwila in writing of any requests for change orders affecting the Civil Infrastructure work and to help ensure that Tukwila expeditiously reviews and approves those change orders. 4.6 Each party agrees to review and respond to design revisions and/or change order submittals within ten (10) working days unless additional information is required to make a determination of the effect on City Light facilities and services or Tukwila's street improvements. 4.7 Tukwila and City Light agree that although the Tukwila construction inspector is not responsible for primary inspection of City Light facilities, both Tukwila's and City Light's inspectors and their project managers will work cooperatively to bring the Work to completion on schedule and within budget. 4.8 In the event of an inspection or quality disagreement, the Tukwila Public Works Director and City Light's South Distribution Design Manager or Designated Representative, or such person subsequently designated by City Light will be notified immediately for resolution. Resolution of disagreement shall be documented in written form (letter, memo, email) City of Tukwila — 53rd Ave S Undergrounding Agreement Page 9 of 17 FINAL between Tukwila and City Light. 4.9 Contractor Delay; Disruption: Delays in completion of the Civil Infrastructure, caused by Tukwila, the Consultant, or the Contractor, may cause City Light to redirect its crew resources to other tasks, and City Light crew resources may not be immediately able to return, which may impact the Work or the Project Schedule. City Light shall immediately notify Tukwila's City Engineer if City Light crews are removed from the Work, and shall return City Light crew resources to complete the Work as soon as is reasonably possible. 4.10 Force Majeure: Tukwila agrees that City Light's performance of its obligations under this Agreement shall be excused to the extent that such delay is the direct result of a "Force Majeure Event" such as a storm, earthquake, or other unforeseen event beyond the control of City Light, which necessitates the mobilization of City Light resources to restore utility service to its customers. City Light agrees to promptly notify the Tukwila City Engineer if and when City Light crews are to be removed from the Project and Work and both parties agree to use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. Performance of any obligation affected by Force Majeure Event shall be resumed as soon as reasonably possible after the termination or abatement of the Force Majeure Event. Section 5. Staffing Primary project contacts will be as follows as of execution of this Agreement. Any notices required by this Agreement other than those required in Section 7.3 shall be sent to the following addresses: City of Tukwila Ryan Larson (design) David Sorenson (construction) Sr. Program Manager Project Manager 6300 Southcenter Blvd, Ste 100 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 Tukwila, WA 98188 (206) 431-2456 (206) 431-3653 Section 6. Construction City Light Joe Hampton Sr. Project Manager PO Box 34023 Seattle, WA 98124 (206) 684-5046 6.1 Civil Infrastructure: Tukwila will construct the Civil Infrastructure in accordance with the plans and specifications, and any revisions thereto, approved by City Light and as otherwise provided herein. 6.2 Private Property Infrastructure: 6.2.1. Tukwila will contact and coordinate with property owners and customers within the Conversion Area (as identified by City Light) to facilitate the timely completion of the Private Property Infrastructure Work. 6.2.2. In furtherance of the Private Property Infrastructure Work, Tukwila intends to seek agreement from each such customer/property owner which agreement will either: (1) authorize Tukwila, and Tukwila's Consultants and Contractors, to perform some or all of the Private Property Infrastructure Work, or (2) provide that the private property owner will perform or cause to be performed the Private Property City of Tukwila — 53rd Ave S Undergrounding Agreement Page l0 of 17 FINAL 29 Infrastructure Work. All Private Property Infrastructure work necessary for City Light to complete its underground service connection work to those properties in the Conversion Area will be completed by Tukwila, Tukwila's Consultants or Contractors, or the private property owners per RCW 35.96.050 prior to Operational Acceptance of the Civil Infrastructure by City Light. 6.2.3. City Light shall intercept and connect the service in the secondary handhole. The contractor performing the Private Property Infrastructure Work shall coordinate each service cutover work with the City Light electric service representative, five (5) working days in advance of the cutover. 6.3 Aerial Infrastructure Removal Project: 6.3.1. City Light will perform the work necessary to complete the Aerial Infrastructure Removal Project in accordance with the Project Schedule and as set forth in Section 4.3 of this Agreement. 6.3.2. City Light will coordinate with Tukwila and Tukwila's Contractor to schedule the removal of the connections to the Tukwila streetlights at a mutually convenient time and place. 6.3.3. Tukwila will, with the cooperation and assistance of City Light, coordinate the removal of the Third -Party facilities on the Aerial Electrical System to coincide with the removal of City Light overhead lines. City Light further agrees to cooperate with Tukwila in exercising any lawful authority that City Light may have to require such Third Parties to timely remove their facilities from the City Light and jointly -owned poles within the Conversion Area. Upon request by Tukwila, and to the extent legally permitted, City Light will provide Tukwila with copies of pole attachment agreements, if any, between the Third Parties and City Light, and any policies, procedures, rules, or regulations that are applicable to the exercise of such authority. 6.3.4. City Light will be responsible for removing poles solely owned by City Light and requesting removal of utility poles in joint ownership with a telecommunications or other service provider. The telecommunication or other service provider shall have primary responsibility for removal of the poles that are joint ownership poles per City Light records. In the event that a Third Party does not remove such jointly - owned poles, and upon the request of Tukwila, City Light will remove the poles after all Third Parties have completed their wiring, service connections, and removed their lines and equipment from the poles. Tukwila agrees that this is not a project cost that is recoverable through City Light and will be done at Tukwila's expense or as may be allocated pursuant to agreements between Tukwila and other parties 6.3.5 City Light shall have the right to temporarily bypass any facilities that will be temporarily disconnected, relocated, or removed. 6.4 Inspection: City of Tukwila — 53rd Ave S Undergrounding Agreement Page 11 of 17 FINAL 30 6.4.1 Tukwila agrees that the construction contract with the Contractor selected by Tukwila will require Contractor's and all subcontractors compliance with City Light requirements pursuant to this Agreement and with the plans and specifications approved by City Light; provided however, that under no circumstance shall City Light or its employees, agents or contractors be responsible for or authorized to give direction to or direct work by the Contractor or its subcontractors. 6.4.2 City Light shall be responsible for inspecting the Civil Infrastructure throughout the progress of the work performed by Tukwila's Contractor, to ensure that the Civil Infrastructure conforms to the approved plans and specifications and any amendments thereto and any other City Light standards made applicable pursuant to this Agreement. However, the foregoing shall in no way diminish the responsibility of Tukwila and Tukwila's Contractor or subcontractors to construct the Civil Infrastructure in accordance with the approved plans and specifications and any amendments thereto, as well as any other City Light standards made applicable pursuant to this Agreement. City Light agrees to provide sufficient staffing and resources to adequately and timely inspect the progress of work so as to conform to the work plan as updated at the weekly construction meetings as provided for in Section 4.3.2.1. City Light further agrees that the City Light Project Manager or designee will regularly attend the weekly construction meetings for the Project. In the event that City Light inspectors identify work or materials that are not in accordance with the approved plans and specifications, City Light shall immediately notify the Tukwila Construction Engineer and provide a detailed description of the non-conformance or defect in work or materials. Except in cases of a Force Majeure Event as defined in Section 4.10, any work not adequately and timely inspected by City Light will be considered to be accepted, provided that the work is in accordance with the work plan established in the weekly construction meeting. 6.5 Field Directive Change(s): Each party agrees to immediately notify the other party in writing of any potential field design revisions and/or changes affecting the other's facilities. All changes to the approved plans and specifications, and amendments thereto, that involve work related to the Underground Electrical System and/or Civil Infrastructure require notification and approval by and acknowledgement of both Parties. Any costs associated with work completed to the Underground Electrical System or Civil Infrastructure outside of the mutually approved plans and specifications and approved amendments thereto without City Light approval will be Tukwila's responsibility. All changes to the Underground Electrical System and/or the Civil Infrastructure not necessary for the Work approved by the City Light Project Manager or other authorized representative shall be reimbursable to Tukwila. If consensus cannot be reached, the matter shall be resolved in accordance with section 4.8. 6.6 Operational Acceptance. Tukwila's City Engineer or designated representative will be notified by City Light in writing of Operational Acceptance, with any exceptions, before City Light will commence installation of the Underground Electrical System. Following City Light's notification to Tukwila of Operational Acceptance for the Civil Infrastructure, City Light will then commence placement of cable along with the cutover of existing services. Tukwila and its Contractor will maintain physical ownership of the City of Tukwila — 53rd Ave S Undergrounding Agreement Page 12 of 17 FINAL Civil Infrastructure and will repair or replace any damaged structure at their expense, unless such damage is caused by City Light. its contractors. or subcontractors. The Contractor or its subcontractors will continue to complete the duct bank punch list, and both Tukwila's Engineer and the City Light Inspector will continue to verify that the open items are being completed. In accordance with Section 4.3.3 of this Agreement, City Light will assume ownership and control of t h e Civil Infrastructure upon Final Acceptance. 6.7 Street Lighting and Signals: City Light and Tukwila will select service points for the Street Lighting System designed by Tukwila's Consultant. City Light will install wiring between its power source and the service points and make final connections to energize the systems. Tukwila's Contractor will provide temporary highway lighting as necessary during construction. 6.8 Environmental Site Conditions. In the event that the Contractor, in performing the Work, including but not limited to the Civil Infrastructure work, discovers any materials that require special removal, treatment, handling, transport and/or disposal under any local, state or federal laws or regulations (including, but not limited to hazardous materials, hazardous waste, dangerous waste, toxic waste or contaminated soil or groundwater), the costs for removal, treatment, handling, transporting and disposal of such materials shall not be part of the Civil Infrastructure Costs, and shall be the responsibility of Tukwila. However, City Light and Tukwila shall retain all rights they may have under applicable state and federal laws to recover costs that either may incur related to the existence of such hazardous materials, hazardous, dangerous, or toxic wastes, or contaminated soil or groundwater from any and all parties that may be responsible for such materials, wastes, or contamination discovered or uncovered during construction of the Civil Infrastructure. Section 7. Financial 7.1. Allocation of Project Cost: 7.1.1. City of Tukwila shall pay for 100% of the Primary Project Cost, 100% of the excavation and restoration costs, as well as 40% of the Civil Infrasttucture and Underground Electrical System project costs. 7.1.2. City Light shall reimburse the City of Tukwila for 60% of the Civil Infrastructure and shall pay 60% of the Underground Electrical System project costs. 7.1.3. City Light will pay 100% of City Light's Project Management Costs. Tukwila will pay 100% o f Tukwila's Project Management Costs. 7.1.4. Private property owners will be responsible for providing the underground Private Property Infrastructure, subject to review and approval by City Light, that is needed to provide electrical service from the public right of way to the designated service point on the private property, and all costs related to installing and maintaining such Private Property Infrastructure. 7.1.5. The City of Tukwila will be responsible for providing the necessary funding for City of Tukwila — 53rd Ave S Undergrounding Agreement Page 13 of 17 32 FINAL its portion of all Project costs. City Light's portion of the costs will be provided through its bi-annual budgeting process for capital projects as authorized by the Seattle City Council, and funding subject to approval by ordinance of the Seattle City Council. 7.2. Costs for Work: The estimated cost for the Civil Infrastructure Work related to this Agreement, as described in Schedule C is $688,039 ("Estimated Civil Costs"). The estimated cost for the Underground Electrical System work related to this Agreement, as described in Exhibit B is $741,000 ("Estimated Electrical Costs"). The total Civil Infrastructure and Underground Electrical System project costs portion of the Work is estimated to be $1,429,039. The Estimated Civil Costs are based on the City of Tukwila's awarded contract to SCI Infrastructure, LLC. (SCI) for the Project and is subject to change based upon final pay estimates and change orders. The Estimated Electrical Costs are based on estimated time and materials for the work and actual time and materials for the work will be billed. City Light will reimburse Tukwila for 60% of the Civil Infrastructure as listed in Schedule C, and Tukwila will reimburse 40% of the Underground Electrical System project costs to City Light. The actual costs charged to and payable b y City Light will be determined based on itemized consultant invoices and Payment Requests from the Contractor and City Light's Final Billing Package for actual work performed or completed. Tukwila and Seattle City Light will invoice per section 7.3 below. 7.3 Reimbursement of Civil Infrastructure Costs and Underground Electrical System project costs: Tukwila and Seattle City Light will submit itemized invoices to each other with backup documentation no more frequently than monthly, which shall include relevant invoices and Payment Requests, for Project costs. Invoices shall be sent to: Seattle City Light Accounts Payable ATTN: Joe Hampton, LPM (SMT 34) PO Box 34023 Seattle, WA 98124-4023 City of Tukwila David Sorensen Public Works Department 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 7.4 City Light will process the monthly invoice and issue a check payable to Tukwila within sixty (60) calendar days of receiving the request. Tukwila will process the monthly invoice and issue a check payable to City Light within sixty (60) calendar days of receiving the request. Section 8. Indemnification and Hold Harmless 8.1 Notwithstanding the expiration or early termination of this Agreement, and to the extent authorized by law, Tukwila releases and shall defend, indemnify and hold City Light harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to reasonable attorney fees) caused by or arising out of any negligent act or omission or willful misconduct of Tukwila, its employees, contractors or subcontractors in their performance under this Agreement. During the performance of such activities, Tukwila's employees or contractors shall at all times remain employees or contractors, respectively, of Tukwila. City of Tukwila — 53rd Ave S Undergrounding Agreement Page 14 of 17 FINAL 33 8.2 Notwithstanding the expiration or early termination of this Agreement, and to the extent authorized by law, City Light releases and shall defend, indemnify, and hold Tukwila harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to reasonable attorney fees) caused by or arising out of any negligent act or omission or willful misconduct of City Light, its employees, contractors or subcontractors in its performance under this Agreement. During the performance of such activities, City Light's employees or contractors shall at all times remain employees or contractors, respectively, of City Light. 8.3 Title 51 RCW. Solely with respect to claims for indemnification arising out of City Light's Underground Relocation and Installation Project and City Light's Aerial Infrastructure Removal Project, Tukwila and City Light waive, as to each other only, and expressly not for the benefit of their employees or third parties, their immunity under Title 51 RCW, the Industrial Insurance Act, and acknowledges that this waiver has been mutually negotiated by the Parties. Tukwila and City Light agree that their respective indemnity obligations extend to any claim, demand, or cause of action brought by, or on behalf of, any of their respective employees or agents. 8.4 No liability shall attach to either party by reason of entering into this Agreement except as expressly provided herein. Section 9. Insurance 9.1 Tukwila shall require its Contractor to: 9.1.1. Maintain Commercial General Liability (CGL) insurance in force at all times during the performance of work under this Agreement. 9.1.2. Include both the City of Tukwila and the City of Seattle as additional insured for primary and noncontributory limits of liability for the full valid and collectible limits of liability maintained by the Contractor, whether such limits are primary, excess, contingent, or otherwise; as respects CGL insurance, such additional insured status shall be provided under the ISO CG 20 26 07 04 endorsement or equivalent (e.g. a combination of forms CG 20 10 07 04 and CG 20 37 07 04) or substitute endorsements or policy language providing at least as broad coverage; that shall provide coverage for the date of occurrence rather than the date of claim. 9.1.3. Furnish certification of insurance evidencing compliance with the provisions of this Section to City Light via email at riskmanagement@seattle.gov or fax to (206) 470- 1279. Section 10. Third Party Beneficiary and Warranties Tukwila shall include City Light as an intended third -party beneficiary in Tukwila's contract(s) with its Contractor(s) and subcontractors with respect to the Work, and will accordingly include City Light in the indemnification provisions contained in Tukwila's contract(s). Tukwila and City Light do not intend that this paragraph be City of Tukwila — 53rd Ave S Undergrounding Agreement Page 15 of 17 FINAL 34 interpreted to create any obligation, liability, or benefit to any party, other than Tukwila and City Light for purposes of design and construction of the Civil Infrastructure as defined in this Agreement. Section 11. Ownership of Facilities Upon completion of the Civil Infrastructure work and upon City Light's acceptance as outlined herein, and except as otherwise stated in the Franchise or in subsequent agreements, City Light shall own, operate, and maintain the Civil Infrastructure and Underground Electrical System installed or provided pursuant to this Agreement. Section 12. Record Keeping and Reporting. 12.1 Each Party shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement. 12.2 These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14. Section 13. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. Section 14. Discrimination Prohibited. The City and City Light shall ensure that its contractors, consultants, and subcontractors with regard to the Work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. Section 15. Assignment. Neither Party shall assign any portion of its duties contemplated by this Agreement without the written consent of the other Party. Section 16. Entire Agreement; Modification. With the exception of the Franchise, this Agreement, together with attachments or addenda, represents the entire and integrated Agreement between Tukwila and City Light and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. Section 17. Severability and Survival. City of Tukwila — 53rd Ave S Undergrounding Agreement Page 16 of 17 FINAL If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of Sections 8, 10 and 11 of this Agreement shall survive termination of this Agreement. Section 18. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be Superior Court, King County, Washington EXECUTED, this the day of , 2018 CITY OF TUKWILA SEATTLE CITY LIGHT Allan Ekberg, Mayor City of Tukwila Jim Baggs Seattle City Light Interim General Manager & CEO City of Tukwila — 53rd Ave S Undergrounding Agreement Page 17 of 17 FINAL 36 Exhibit A 53rd Avenue South Project Bid Tabulation SCI Infrastructure, LLC. No. Section Item Quantity Unit Unit Cost Total Cost Schedule A Al 1-04 Unexpected Site Changes 1 EST S30,000.00 5 30,000 A2 1-05 Roadway Surveying 1 LS 545,000.00 5 45,000 A3 1-05 ADA Features Surveying 1 LS 510,000.00 S 10,000 A4 1-07 SPCC Plan 1 LS 51,000.00 S 1,000 A5 1-07 Resolution of Utility Conflicts 1 EST 530,000.00 S 30,000 A6 1-07 Utility Potholing 1 EST 525,000.00 S 25,000 A7 1-08 Type B Progress Schedule 1 LS 55,000.00 S 5,000 A8 1-09 Field Office Building 1 LS 528,000.00 5 28,000 A9 1-09 Mobilization 1 LS 5400.000.00 S 400,000 A10 1-10 Project Temporary Traffic Control 1 LS 5300.000.00 S 300,000 All 1-10 Uniformed Police Officer 60 HR 5100.00 S 6,000 Al2 2-01 Clearing and Grubbing 1 LS S30,000.00 5 30,000 A13 2-02 Removal of Structure and Obstruction 1 LS 542,000.00 5 42,000 A14 2-03 Gravel Borrow Incl. Haul 990 TON 521.85 5 21.632 A15 2-03 Roadway Excavation Incl. Haul 2400 CY 525.00 5 60,000 A16 2-03 Unsuitable Foundation Excavation Incl. Haul 390 CY 527.50 5 10,725 A17 2-09 Structure Excavation Class A Incl Haul for Walls 920 CY 530.00 5 27,600 A18 2-09 Shoring or Extra Excavation Class A for Structural Earth Walls 1 LS 55.000.00 5 5,000 A19 4-04 Crushed Surfacing Base Course 2500 TON 528.00 S 70,000 A20 4-04 Crushed Surfacing Top Course 970 TON 530.00 S 29,100 A21 5-04 HMA CI 1/2" PG 64-22 2140 TON 577.00 5 164,780 A22 5-04 Commercial HMA 220 TON 5180.00 5 39,600 A23 6-13 Modular Block Wall 2430 SF 523.00 5 55,890 A24 6-13 Structural Earth Wall 5540 SF 522,00 5 121,880 A25 6-13 Gravel Borrow for Structural Earth Wall Incl. Haul 600 CY 545.00 5 27,000 A26 8-01 Erosion Control and Water Pollution Prevention 1 LS 510,000.00 5 10,000 A27 8-04 Integral Curb 150 LF 585.00 5 12,750 A28 8-04 Extruded Curb, Type 5 80 LF 517.00 5 1,360 A29 8-04 Cement Conc. Traffic Curb and Gutter 4810 LF 516.75 5 80,567.50 A30 8-04 Cement Conc. Traffic Curb 20 LF 531.00 S 620 A31 8-04 Cement Conc. Pedestrian Curb 400 LF $27.00 5 10.800 A32 8-06 Cement Conc. Driveway Entrance Type 1 450 SY 566.00 5 29,700 A33 8-06 Cement Conc. Driveway Entrance Type 2 420 SY 566.00 5 27,720 A34 8-06 Cement Conc. Driveway 510 SY 566.00 S 33,660 A35 8-12 Black Vinyl Coated Chain Link Fence 1072 LF 530.00 S 32,160 A36 8-12 Remove and Replace Wooden Fence 300 LF 540.00 S 12,000 A37 8-12 Remove and Reset Chain Link Fence 90 LF 535.00 S 3,150 A38 8-12 Remove and Reset Chain Link Gate 3 EA 5400.00 5 1,200 A39 8-13 Remove and Install Monument Assembly 3 EA 52,200.00 5 6,600 A40 8-18 Remove and Replace Mailbox Support 27 EA 5600.00 5 16.200 A41 8-26 Stairs Hand Railing 30 LF 5150.00 5 4,500 Sidewalk A42 8-14 Cement Conc. Sidewalk 1890 SY 537.50 5 70,875 A43 8-14 Thickened Edge Sidewalk 1070 LF 565.00 S 69,550 A44 8-14 Cement Conc. Stairs 30 SY 5795.00 5 23,850 A45 8-14 Cement Conc. Curb Ramp Type Parallel A 3 EA 51.300.00 $ 3,900 A46 8-14 Cement Conc. Curb Ramp Type Parallel B 1 EA 51.950.00 5 1,950 A47 8-14 Cement Conc. Curb Ramp Type Single Direction A 3 EA 52,100.00 S 6,300 A48 8-14 Cement Conc. Curb Ramp Type Single Direction B 5 EA 52,000.00 5 10,000 Storm Dralnace A49 2-02 Removal/Abandonment of Existing Storni Catch Basin 34 EA 5400.00 5 13,600 A50 2-02 Removal/Abandonment of Existing Storm Main 2820 LF 59.00 S 25,380 A51 2-09 Shoring or Extra Excavation Class B for Storm Drainage 13000 SF 51.50 5 19,500 A52 2-09 Trench Backfill Incl. Haul for Storm Trench 1400 CY 545.00 5 63,000 A53 7-01 Wall Underdrain Pipe 6 In. Diam. 1510 LF 510.00 5 15,100 A54 7-01 Drain Pipe 6 In. Diam. 410 LF 540.00 S 16,400 A55 7-04 Ductile Iron Pipe 12 In. Diam 150 LF 587.00 5 13,050 A56 7-04 Storm Sewer Pipe 12 In. Diam. 1060 LF 556.00 5 59,360 A57 7-04 Storm Sewer Pipe 18 In. Diam. 1390 LF $69.00 5 95,910 A58 7-04 Storni Sewer Pipe 24 In. Diam. 100 LF 5110.00 S 11,000 A59 7-04 Storm Drainage Television Inspection 1 LS 57,500.00 S 7,500 A60 7-05 Yard Drain 7 EA 5700.00 S 4,900 A61 7-05 Catch Basin Type 1 16 EA 51,200.00 5 19,200 A62 7-05 Catch Basin Type 1L 9 EA 51.375.00 5 12,375 A63 7-05 Catch Basin Type 2 48 In. Diam. 11 EA 52,750.00 5 30,250 A64 7-05 Catch Basin Type 2 54 In. Diam. 3 EA 53,100.00 5 9.300 A65 7-05 Flow Splitter Catch Basin Type 2 72 In. Diam. 1 EA 510,800.00 5 10,800 A66 7-05 Adjust Catch Basin 3 EA 5500.00 S 1,500 A67 7-05 Replace Frame 8 Grate with Solid Locking Cover 5 EA 5700.00 5 3,500 A68 7-05 Connect Proposed Pipe to Existing Drainage Structure 4 EA 5450.00 5 1,800 A69 7-05 Connect Existing Pipe to Proposed Drainage Structure 2 EA 5450.00 5 900 A70 7-05 Storm Drain Marker 34 EA 5600.00 $ 20.400 A71 7-10 Modular Wetland Unit, 8' x 20' 2 EA 5114,000.00 5 228,000 A72 7-11 Temporary Water Bypass System 1 LS 529,500.00 5 29,500 Illumination A73 1 8-20 Illumination System, Complete 11 LS 5245,000.00 5 245,000 Traffic Control Devices A74 8-09 Raised Pavement Marker Type 1 4 HUND 5520.00 5 2,080 A75 8-09 Raised Pavement Marker Type 2 0.5 HUND 5775.00 S 387.50 A76 8-21 Permanent Signing 1 LS 58,000.00 S 8,000 A77 8-22 Plastic Stop Line 80 LF 58.50 S 680 A78 8-22 Paint Line 170 LF 54.00 S 680 A79 8-22 Plastic Crosswalk Line 890 SF 55.50 5 4,895 A80 8-22 Sharrow Bicycle Symbol 19 EA 5150.00 5 2,850 Roadside Development A81 8-02 1Property Restoration 1 EST 530,000.00 5 30,000 City of Tukwila - 53rd Ave S Undergrounding Agreement Bid Tab Page 1 of4 37 Exhibit A 53rd Avenue South Protect Bid Tabulation SCI Infrastructure, LLC. No. S Nolon Item Quantity Unit Unit Cost Total Cost A82 8-02 Topsoil Type A 650 CY 536.00 5 23,400 A83 8-02 Bark or Wood Chip Mulch 70 CY 547.00 5 3,290 A84 8-02 Seeded Lawn Installation 2250 SY 51.60 5 3,600 A85 8-02 PSIPE Nyssa sylvatica 'David Odom./ Afterburner Tupelo; 2.5" Cal., 12'-14' I- 11 EA 5400.00 5 4,400 A86 8-02 PSIPE Pyrus calleryana 'Glen's Form'/ Chanticleer Pear: 2.5" Cal., 12'-14' HI 9 EA 5350.00 5 3,150 A87 8-02 PSIPE Berberis thunberqii 'Concorde'/ Concorde Japanese Barberry; 1 Gal. 160 EA 512.50 $ 2,000 A88 8-02 PSIPE Calluna vulgaris 'Spring Torch'/ Spring Torch Scotch Heather; 1 Gal. 157 EA 512.50 5 1,962.50 A89 8-02 PSIPE Lavandula angustifolia 'Hldcote Blue'/ Hidcote Blue English Lavender 242 EA 511.00 S 2.662 A90 8-02 PSIPE Splraea japonica 'Walbunla'/ Magic Carpet Spirea; 1 Gal. Cont. 210 EA 510.50 5 2,205 A91 8-02 PSIPE Teucrium chamaedrys/ Wall Germander; 1 Gal. Cont. 69 EA 512.50 S 862.50 A92 8-02 PSIPE Fragaria 'Lipstick'/ Lipstick Ornamental Strawberry; 1 Gal. Cont. 405 EA 510.50 S 4,252.50 A93 8-02 PSIPE Hetianthemum nummularium 'Fire Dragon'/ Fire Dragon Sunrose: 1 0 595 EA 512.50 S 7,437.50 A94 8-02 PSIPE Rubus calycinoides 'Emerald Carpet'/ Emerald Carpet Creeping Brarr 505 EA 510.50 5 5,302.50 A95 8-02 PSIPE Veronica peduncularis 'Georgia Blue'/ Georgia Blue Speedwell; 1 Gal 800 EA 510.50 S 8,400 A96 8-02 PSIPE Schizachyrium scoparium 'The Blues'/ The Blues Little Bluestem: 1 0 40 EA 512.00 S 480 A97 8-03 Automatic Irrigation System, Complete 1 LS 553,000.00 5 53,000 Schedule A Total $ 3,187,821.00 Schedule A Written $ 3,185,854.50 Schedule B Water B1 1-04 Unexpected Site Changes 1 EST 520,000.00 S 20,000 B2 2-02 Removal of Structure and Obstruction 1 LS 57,800.00 5 7,800 B3 2-02 Removal/Abandonment of Existing Water Main 6000 LF 55.00 5 30,000 B4 2-03 Unsuitable Foundation Excavation & Backfill Incl. Haul 370 CY 527.50 5 10,175 B5 2-09 Shoring or Extra Excavation Class B for Water 22800 SF 51.00 5 22,800 B6 2-09 Trench Backfill Incl. Haul 2080 CY 537.00 5 76,960 B7 5-04 HMA CI 1/2" PG 64-22 340 TON 5140.00 5 47.600 B8 7-09 Class 52 Ductile Iron Pipe for Water Main. 4 In. Diam. 40 LF 5100.00 $ 4,000 B9 7-09 Class 52 Ductile Iron Pipe for Water Main. 6 In. Diarn. 86 LF 5100.00 5 8,600 B10 7-09 Class 52 Ductile Iron Pipe for Water Main, 8 In. Diam. 183 LF 575.00 S 13,725 B11 7-09 Class 52 Ductile Iron Pipe for Water Main. 10 In. Diam. 26 LF 5170.00 5 4,420 612 7-09 Class 52 Ductile Iron Pipe for Water Main, 12 In. Diam. 3423 LF 595.00 S 325,185 613 7-09 Connection to Existing Water Main 13 EA 51,750.00 5 22,750 B14 7-09 Additional Class 52 Ductile Iron Pipe Fittings for Water Main 3000 LB 55.50 S 16,500 B15 7-09 Concrete for Thrust Blocking 40 CY 5280.00 5 11,200 B16 7-09 Electronic Markers 130 EA 5120.00 5 15,600 B17 7-12 Gate Valve 4 In. 1 EA 51,475.00 5 1,475 B18 7-12 Gate Valve 6 In. 1 EA 51,400.00 5 1,400 B19 7-12 Gate Valve 8 In. 4 EA 51,780.00 S 7,120 B20 7-12 Gate Valve 10 In. 1 EA 52,350.00 5 2,350 B21 7-12 Gate Valve 12 In. 29 EA 52,620.00 5 75,980 B22 7-14 Hydrant Assembly 13 EA 55.200.00 5 67,600 B23 7-15 Service Connection 3/4 In. Diam. 49 EA 51,685.00 5 82,565 B24 7-15 Service Connection 1 In. Diam. 2 EA $2.550.00 $ 5,100 B25 7-15 Service Connection 1-1/2" In. Diam. 1 EA 55.000.00 5 5,000 B26 7-15 Service Connection 2" 10. Diam. 3 EA 52.500.00 5 7.500 B27 7-15 Service Connection 4" In. Diam. 1 EA 53,000.00 S 3,000 B28 7-15 Temporary Water Service 1 LS 530,000.00 5 30,000 Sewer B29 2-02 Remove Asbestos Cement Sanitary Sewer Force Main 2000 LF 525.00 5 50,000 B30 2-09 Shoring or Extra Excavation Class B for Sanitary Sewer 900 SF 52.00 5 1,800 B31 7-05 Adjust Sewer Manhole 9 EA 5500.00 5 4,500 B32 7-05 Replace Sanitary Sewer Frame and Lid 9 EA 5600.00 5 5,400 B33 7-17 Sanitary Sewer Pipe 8 In. Diam. 60 LF 5250.00 5 15,000 634 7-17 Temporary Sewer Bypass System 1 LS 57,000.00 5 7,000 835 7-17 Sanitary Sewer Television Inspection 1 LS 51,500.00 S 1,500 B36 7-18 Sanitary Side Sewer 320 LF 5120.00 5 38,400 637 7-19 Sanitary Side Sewer Cleanout 16 EA 5650.00 5 10,400 Schedule B Subtotal 5 1,060,405.00 10% Tax $ 106,040.50 Schedule B Total $ 1,166,445.50 Schedule C C1 1-04 Unexpected Site Changes 1 EST S25,000.00 $ 25.000 C2 8-19 Adjust Gas Valve 6 EA 5450.00 $ 2.700 C3 8-31 Unsuitable Foundation Excavation Incl. Haul 230 CY 527.50 $ 6,325 C4 8-31 Structure Excavation Class B Incl. Haul for Joint Utility Trench 4330 CY 538.00 $ 164,540 C5 8-31 Shoring or Extra Excavation, Class B for Joint Utility Trench 20600 SF 51.00 5 20,600 C6 8-31 Joint Utility Trench Pipe Zone Bedding, Incl. Haul - Communications 320 CY 537.00 $ 11,840 C7 8-31 Joint Trench Backfill, Incl. Haul - Communications 1000 CY 537.00 S 37,000 C8 8-31 Crushed Surface Base Course - Structures 430 TON 535.00 5 15,050 C9 8-32 Joint Utility Trench Pipe Zone Bedding, Incl. Haul - SCL 410 CY 529.00 5 11,890 C10 8-32 Joint Trench Backfill, Incl. Haul - SCL 2240 CY 537.00 S 82,880 C11 8-32 High Strength FTB - SCL 470 CY 5100.00 $ 47.000 C12 8-32 CDF - SCL Structures 230 CY 5100.00 $ 23.000 C13 8-31 Resolution of Utility Conflicts for Joint Utility Trench 1 EST 525,000.00 5 25,000 C14 8-32 Conduit, 3 In. Diane. - SCL LIGHTING 330 LF 516.00 $ 5.280 C15 8-32 Conduit, 3 In. Diam. - SCL 2600 LF 518.00 5 46,800 C16 8-32 Conduit, 4 In. Diam. - SCL 12400 LF 521.00 5 260,400 C17 8-32 Street Lighting Conduit Bend, 3 in. Dlam. - SCL 24 EA 5389.00 5 9,336 018 8-32 Primary Conduit Bend, 4 In. Diam. - SCL 66 EA 5390.00 $ 25,740 C19 8-32 Secondary Conduit Bend, 4 In. Diarn. - SCL 105 EA 5500.00 S 52,500 C20 8-33 Service Conduit Bend, 3 In. Diam. - SCL 164 EA 5400.00 S 65,600 C21 8-31 Install Conduit, 2 In. Diam. - CENTURYLINK 2200 LF 55.25 S 11,550 C22 8-31 Install Conduit, 4 In. Diam. - CENTURYLINK 7400 LF 57.30 5 54,020 C23 8-31 Install Conduit, 2 In. Diam. - COMCAST 2000 LF 55.25 S 10,500 C24 8-31 Install Conduit, 4 In. Diam. - COMCAST 6500 LF 57.30 5 47,450 C25 8-32 Conduit Riser - SCL 10 EA 51.360.00 5 13,600 City of Tukwila - 53rd Ave S Undergrounding Agreement Bid Tab 38 Page 2 of 4 Exhibit A 53rd Avenue South Project Bid Tabulation SCI Infrastructure, LLC. No. Section on Item Quantity Unit Unit Cost Total Cost 026 8-31 Conduit Riser- CENTURYLINK 7 EA $850.00 S 5,950 C27 8-31 Conduit Riser - COMCAST 8 EA $850.00 S 6,800 C28 8-31 Core Drill Existing Vault - CENTURYLINK 2 EA $415.00 S 830 C29 8-31 Core Drill Existing Vault - COMCAST 2 EA 3415.00 $ 830 C30 8-32 Utility Structure, SCL Type 3 Handhole 2 EA 32,500.00 $ 5,000 031 8-32 Utility Structure, SCL 233 -LA Handhole 13 EA 32,600.00 5 33,800 C32 8-32 Utility Structure, SCL 504 -LA Handhole 3 EA 34,850.00 S 14,550 C33 8-32 Utility Structure, SCL 577 -LDA Vault 5 EA 58,500.00 S _ _ 42,500 C34 8-31 Install Utility Structure, CENTURYLINK 264 -TA Vault 1 EA 5330.00 S 330 C35 8-31 Install Utility Structure, CENTURYLINK Pedestal 11 EA $200.00 S 2.200 C36 8-31 Install Utility Structure, CENTURYLINK 467 -TA Vault 6 EA $330.00 S 1,980 C37 8-31 Install Utility Structure, CENTURYLINK 3048 Vault 5 EA $430.00 S 2,150 C38 8-31 Install Utility Structure, CENTURYLINK 1730 Hand Hole 1 EA $430-00 S 430 C39 8-31 Install Utility Structure. CENTURYLINK 3x5' Vault 1 EA $430.00 $ 430 C40 8-31 Install Utility Structure, COMCAST 2436 Vault 1 EA $200.00 5 200 C41 8-31 Install Utility Structure, COMCAST 1419 Vault 5 EA 560.00 $ 300 C42 8-31 Install Utility Structure, COMCAST 3048 Vault 8 EA $330.00 $ 2,640 C43 8-31 Install Utility Structure. COMCAST 1730 Vault 6 EA 3200.00 5 1.200 C44 8-31 Install Utility Structure, COMCAST Pedestal 2 EA 3200.00 $ 400 C45 8-31 Install Utility Structure. COMCAST 2436 Intercept Vault 1 EA $200.00 3 200 C46 8-31 Install Utility Structure, COMCAST 1419 Intercept Vault 1 EA $650.00 $ 650 C47 8-31 Install Utility Structure. COMCAST 3x5' Intercept Vault 1 EA $430.00 $ 430 C48 8-33 Conduit, 3 In. Diam. - SCL Private Service 1400 LF $18.00 S 25.200 C49 8-33 Install Conduit, 2 In. Diam. - CENTURYLINK Private Service 1600 LF 57.30 5 11,680 C50 8-33 Install Conduit, 2 In. Diarn. - COMCAST Private Service 1600 LF 37.30 5 11.680 C51 8-33 13951 53rd Ave S. Service Conversion 1 LS 53.600.00 5 3.600 C52 8-33 13969 53rd Ave S. Service Conversion 1 LS 53,600.00 $ 3.600 C53 8-33 5216 S 142nd St. Service Conversion 1 LS 53.600.00 $ 3.600 C54 8-33 14205 53rd Ave S, Service Conversion 1 LS 33,600.00 S 3,600 C55 8-33 14207 53rd Ave S, Service Conversion 1 LS 33,600.00 3 3,600 C56 8-33 14219 53rd Ave S, Service Conversion 1 LS 53,600.00 5 3,600 C57 8-33 14225 53rd Ave S. Service Conversion 1 LS 53,600.00 $ 3,600 C58 8-33 14231 53rd Ave S, Service Conversion 1 LS 53,600.00 S 3,600 C59 8-33 14239 53rd Ave S, Service Conversion 1 LS 53,600.00 S 3,600 C60 8-33 14241 53rd Ave S, Service Conversion 1 LS 53,600.00 S 3.600 C61 8-33 14247 53rd Ave S, Service Conversion 1 LS 53,600.00 5 3.600 C62 8-33 14255 53rd Ave S, Service Conversion 1 LS 53,600.00 5 3.600 C63 8-33 14261 53rd Ave S, Service Conversion 1 LS 53,600.00 $ 3.600 C64 8-33 5218 53rd Ave 5, Service Conversion 1 LS 33,600.00 $ 3,600 C65 8-33 13726 53rd Ave S, Service Conversion 1 LS 53,600.00 5 3,600 C66 8-33 13738 53rd Ave S, Service Conversion 1 LS 53,600.00 $ 3,600 C67 8-33 13744 53rd Ave S, Service Conversion 1 LS 53,600.00 $ 3,600 C68 8-33 13902 53rd Ave S. Service Conversion 1 LS 53,600.00 5 3.600 C69 8-33 13910 53rd Ave S. Service Conversion 1 LS 53,600.00 S 3.600 C70 8-33 13924 53rd Ave S. Service Conversion 1 LS 53,600.00 S 3,600 C71 8-33 14004 53rd Ave S. Service Conversion 1 LS 53,600.00 5 3.600 C72 8-33 14010 53rd Ave S. Service Conversion 1 LS 33,600.00 $ 3.600 C73 8-33 14028 53rd Ave S, Service Conversion 1 LS 34,500.00 $ 4,500 C74 8-33 14030 53rd Ave S. Service Conversion 1 LS 53,600.00 5 3,600 C75 8-33 14038 53rd Ave 5, Service Conversion 1 LS 53,600.00 $ 3,600 C76 8-33 14038.5 53rd Ave S, Service Conversion 1 LS 34,500.00 S 4,500 C77 8-33 13970 53rd Ave 5. Service Conversion 1 LS 53,600.00 5 3,600 C78 8-33 14108 53rd Ave S, Service Conversion 1 LS 33,600.00 5 3.600 C79 8-33 14128 53rd Ave S, Service Conversion 1 LS 33,600.00 5 3,600 C80 8-33 14202 53rd Ave S, Service Conversion 1 LS 33,600.00 5 3.600 081 8-33 14210 53rd Ave S, Service Conversion 1 LS 33,600.00 $ 3,600 C82 8-33 14218 53rd Ave S, Service Conversion 1 LS 53,600.00 S 3.600 C83 8-33 14234 53rd Ave S. Service Conversion 1 LS 53,600.00 $ 3.600 C84 8-33 14250 53rd Ave S, Service Conversion 1 LS 53,600.00 $ 3,600 C85 8-33 14258 53rd Ave S, Service Conversion 1 LS 53.600.00 5 3.600 C86 8-33 14264 53rd Ave S, Service Conversion 1 LS $3.600.00 $ 3.600 C87 8-33 14272 53rd Ave S, Service Conversion 1 LS 33.600.00 $ 3.600 C88 8-33 Service Conversion, Property Restoration 1 EST 560,000.00 S 60,000 C89 8-34 Franchise Utility Coordination 1 LS $6,660.00 S 6,660 C90 8-35 Temporary Utility Pole Support 4 EA 51,000.00 $ 4,000 Schedule C Subtotal $ 1,453,621.00 10% Tax $ 145,362.10 Schedule C Total $ 1,598,983.10 Schedule C Written Subtotal $ 1,453,561.00 10% Tax Wrltten $ 145,356.10 Schedule C Wrltten Total $ 1,601,917.10 Governed: I Written Total: $ 5,953,249.60 $ 5,954,217.10 City of Tukwila — 53rd Ave S Undergrounding Agreement Bid Tab 39 Page 3 of 4 Exhibit A Item Section 53rd Avenue South Project Cost Estimate Summary Bid Tab 2/13/18 - SCI Infrastructure Schedule C - SCL Electrical Duct Bank Description Qty Unit Price Total C11 8-32 High Strength FTB - SCL 470 CY $100.00 $ 47,000.00 C12 8-32 CDF - SCL Structures 230 CY $100.00 $ 23,000.00 C15 8-32 Conduit, 3 In. Diam. - SCL 2600 LF $18.00 $ 46,800.00 C16 8-32 Conduit, 4 In. Diam. - SCL 12400 LF $21.00 $ 260,400.00 C18 8-32 Primary Conduit Bend, 4In. Diam. - SCL 66 EA $390.00 $ 25,740.00 C19 8-32 Secondary Conduit Bend, 4 In. Diam. - SCL 105 EA $500.00 $ 52,500.00 C20 8-33 Service Conduit Bend, 3 In. Diam. - SCL 164 EA $400.00 $ 65,600.00 C25 8-32 Conduit Riser - SCL 10 EA $1,360.00 $ 13,600.00 C31 8-32 Utility Structure, SCL 233 -LA Handhole 13 EA $2,600.00 $ 33,800.00 C32 8-32 Utility Structure, SCL 504 -LA Handhole 3 EA $4,850.00 $ 14,550.00 C33 8-32 Utility Structure, SCL 577 -LDA Vault 5 EA $8,500.00 $ 42,500.00 $625,490.00 Washington State Sales Tax (10%) $62,549.00 $688,039.00 Tukwila will invoice SCL this amount $412,823.40 $275,215.60 SCL Underground Electrical System Estimate 1/16/2018 Minh Ta SCL will invoice Tukwila this amount Grand Total Total 60% SCL 40% Tukwila $ 741,000.00 Total $ 414,600.00 60% SCL $ 296,400.00 40% Tukwila $1,429,039.00 $857,423.40 $571,615.60 60% SCL 40% Tukwila City of Tukwila — 53rd Ave S Undergrounding Agreement Bid Tab 40 Page 4 of 4 Construction 1 LS $ 536,000.00 $ 536,000.00 Engineering/Design 1 LS $ 138,000.00 $ 138,000.00 Inspection 1 LS $ 67,000.00 $ 67,000.00 SCL will invoice Tukwila this amount Grand Total Total 60% SCL 40% Tukwila $ 741,000.00 Total $ 414,600.00 60% SCL $ 296,400.00 40% Tukwila $1,429,039.00 $857,423.40 $571,615.60 60% SCL 40% Tukwila City of Tukwila — 53rd Ave S Undergrounding Agreement Bid Tab 40 Page 4 of 4 Exhibit B T&M ESTIMATE COST FOR TUKWILA 53RD AVE S (WO# 1614050) ESTIMATED NOTES (SCOPE) RE-. HOURS LLE:';12 COST MATERIAL COST ENGU:EE7'(: (CIVIL CONST. FLAN REVIEW & ELECT. DESIGN) 555E01105 (CML & ELCT. INSPECTION) SUBTOTAL A. SCL UO SERVICE CONSTRU-C.TION COST ESTIMATE: THIS ESTIMATE UG ELECTRICAL SERVICE WORK FOR PROvIDING AND INSTALLING, NEW SERVICE CABLES FROM NEW HANDHCLE TO NEW 00 WEATHERHEAO AND MAKE ELECTRICAL CONNECTION IN HANOHOLE AND AT WESTHERHEAO FOR 30 SERVICES 70 BE CONVERTED OH TO U0. 720 1110,000 1115,oca $10.000 117,000 1160,000 B. SCL UO PRIV/- A• ',E -1 [7,4,:y o i. T4UCTION COST ESTIMATE: THIS ESTIVATE 00 ELECTRICAL f ';[:=E -:4 FOR PRONGING AND INSTALLING NEW 4 )NAT+ A JI LE' . T i.;FOP.MERS F 41 50x15 P : EJ: NCATV HAFG' F U. HL i.:H1E- •. J `:-LLT31.0 MAKE ELECTA S L C3NNECTIONS IN HA'IGHCLEG A..: ,: ,.LETS. 14`,1 1270,000 170,000 164,000 150,000 1424,000 . C. SCL 01-1 PRIMARY AND SECONDARY CONSTRUCTION COST ESTIMATE: THIS ESTIMATE CH ELECTRICAL PRIIMAR! AND SECONDARY WORK FOR RELIT ATJ POLES 400 WIRES TO CONVERT 01-1-00 PLUS REMOVAL WORK. `' D 155.000 118,000 1103,000 D. SCL OH SER'ICE CONSTRUCTION COST ESTIMATE THIS ESTIMATE OH ELECTRICAL SERVICE WORK FOR REMOVING EXISTING 30 OH SERVICES. 240 130,000 418,000 454,000 TOTAL BEFORE CONTINGENCIES 1741,000 TOTAL PLUS ADDED CONTINGENCIES (DESIGN PWS CONSTRUCTION = 305) 1064,000 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 $2.14M 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 0 338 TOTAL SOURCES 85 205 2,613 2,610 0 0 0 0 0 5,513 2017 - 2022 Capital Improvement Program 3 42 IjILA �,1, -may City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director f BY: Peter Lau, Senior Program Manager CC: Mayor Allan Ekberg DATE: May 11, 2018 SUBJECT: 42nd Avenue South Phase III & Gilliam Creek Culvert Replacement Projects Project Nos. 99410303 & 99341208 Construction Management Supplemental Agreement No. 1 with AECOM Technical Services, Inc. ISSUE Approve Supplemental Agreement No. 1 to Consultant Contract No. 17-085 with AECOM Technical Services, Inc. BACKGROUND Contract No. 17-085 with AECOM provides construction management (CM) services for the 42nd Avenue South Phase III and Gilliam Creek Culvert Replacement Projects. DISCUSSION & FISCAL IMPACT Supplemental Agreement No. 1 will allow AECOM to continue to provide construction engineering, inspection, documentation compliance support, and material testing until the end of 2018. The construction project is currently anticipated to be completed by the end of 2018. The fee of $791,270.00 is reasonable for the scope of work provided by AECOM to complete this complex project. Design CM Construction Budget CH2M Hill Design $ 1,563,995 $1,611,000 AECOM Original CM Consultant Contract $ 977,154 1,222,000 AECOM Supplemental No. 1 791,270 CH2M Hill Supplemental No. 7 & 8 79,272 AKANA Consultant Contracts 39,600 WSDOT JA Agreement 9753 10,000 Active Construction Contract 17-090 6,827,799 6,933,000 Active Construction Change Order #1 & #2 916,864 1,008,000 Storm Water Budget Amendment 1,000,000 Total $1 563 995 $1,897,296 $7.744,663 Grand Total $11,205,954 $11,774.000 RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 1 to Contract No. 17-085 with AECOM in the amount of $791,270.00 for the 42nd Ave S Phase III and Gilliam Creek Culvert Replacement Projects and consider this item on the Consent Agenda at the May 21, 2018 Regular Meeting. Attachments: 2017 CIP, pages 2 & 100 Supplemental Agreement No. 1 W:1PW EngIPROJECTSIA- RW 8 RS Projects142nd Ave S Phase 111 (99410303 94-RS03)1ConstructionW.100 - Contract DocumentslAECOMIInfo Memo for AECOM Sup 01, 051118 gl.docx 43 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 42nd Ave South Phase III Project No. 99410303 Design and construct street improvements, drainage, sidewalks, bike facilities, and driveway adjustments. Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization. Phase III (S/C Blvd (154th) - S 160 St), Design began in 2012, construction in 2017. Project No. 99410303 Phase IV (S 139 St - S 131 PI) in beyond. Project No. 99410301 Phase 1 90-RW15 (S/C Blvd (154) - 144 St) $3,796 & Phase II 94-RS02 (144-139) $1,850, both completed. Reduce pavement, shoulder, and drainage work. Only Phase III is shown in active years. Project includes Surface Water's Gilliam Creek 42nd Ave S Culvert project for $1.3m and is part of the Walk & Roll Plan. Seattle City Light's funding is a 60/40 underground split. FINANCIAL Through Estimated (in $000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Phase IV Design 1,000 125 1,125 Land (R/W) 100 100 Const. Mgmt. 750 322 560 1,632 Construction 2,534 1,086 3,800 7,420 Undergrounding 2,467 1,057 3,524 TOTAL EXPENSES 1,000 125 5,851 2,465 0 0 0 0 4,360 13,801 FUND SOURCES Seattle City Light 1,077 462 1,539 Surface Water 144 4 148 Other Utilities 1 150 136 287 Bond 4,600 1,800 6,400 City Oper. Revenue 855 121 24 67 0 0 0 0 4,360 5,427 TOTAL SOURCES 1,000 125 5,851 2,465 0 0 0 0 4,360 13,801 2017 - 2022 Capital Improvement Program 2 44 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Gilliam Creek 42 Ave S Surface Water Culvert Project No. 99410303 99341208 DESCRIPTION: Design and replace the 36 -inch surface water culvert under 42 Ave S/Gilliam Creek. Combining this project with the Residential Street Project 42nd Ave S Phase III. JUSTIFICATION: The existing concrete pipe sections are separating and cracked which could erode the 42 Ave S fill and lead to loss of roadway. STATUS: Project is currently under design with construction scheduled to begin in 2017. MAINT. IMPACT: Expected to decrease maintenance. COMMENT: State Fish & Wildlife hydraulic project approved (HPA) permit will be required. Replacement will require a fish passable structure. FINANCIAL Through Estimated (in $000's) 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Project Location ., �= , > s 3051 N ; Design 144 31 's6 175 Land (RNV) 5139, ,, ' > %', / • (x 2 9 -/ I F H s 144 0 S1 6St & Si 0 Const. Mgmt. 6- 43 S, ♦♦ o 135 15 $515057 %� 150 Construction 8 .^. 900 100 Sj57 S 1 ♦ 1,008 TOTAL EXPENSES 152 31 1,035 115 0 0 0 0 0 1,333 FUND SOURCES �o ....... *-- l 1q 74 S1130 St r„rM,m Skyey _ Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 152 31 1,035 115 0 0 0 0 0 1,333 TOTAL SOURCES 152 31 1,035 115 0 0 0 0 0 1,333 2017 - 2022 Capital Improvement Program 100 45 Project Location ., �= , > s 3051 N ; 's6 pO Y 5139, ,, ' > %', / • (x 2 9 -/ I F H s 144 0 S1 6St & Si 6- 43 S, ♦♦ o y//986t / $515057 %� 675 .♦♦ .^. Sj57 S 1 ♦ a �o ....... *-- l 1q 74 S1130 St r„rM,m Skyey _ 2017 - 2022 Capital Improvement Program 100 45 i w4 City of Tukwila � sy `' 6200 Southcenter Boulevard, Tukwila WA 98188 1 s Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and AECOM Technical Services, Inc. That portion of Contract No. 17-085 between the City of Tukwila and AECOM Technical Services, Inc. is hereby amended as follows: Section 2, "Scope of Services": Additional consultant contract scope includes an estimated 4 months of construction management (CM) time for the 40th -42nd Avenue South Phase 111 project, due to various changes on the construction project. Therefore, extended construction support; additional inspection and office engineering resources are required to handle numerous differing site conditions from the design, unforeseen issues, force account tracking and processing beyond the original scope, extensive change orders, and other CM items. This budget assumes that third party utilities will complete the cutover work within a 3 - month window, thereby reducing the project shutdown period. Section 4, "Payment": The Contract is revised to add $791,270.00 as shown on Exhibit "B" attached hereto. The new total Contract amount is $1,768,424.00. All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA day of , 20 Allan Ekberg, Mayor CONTRACTOR Printed Name: ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk CA Revised December 2016 Office of the City Attorney Page 1 of 1 46 Exhibit B A=COM City of Tukwila BUDGET FOR SERVICES 40th - 42nd Avenue South - Phase III Construction Inspection and Administration Services Task 1: Project Management/Quality Control Employee Classification Hours Rate Cost (DSC) Tyron Bardwell Senior Construction Manager 54 $ 88.78 $ 4,794 Patty Coughlin Administrator 12 $ 30.52 $ 366 66 $ 5,160 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 149.10% x $ 5,160.36 $ 7,694 Fee Rate x DSC of 30.00% x $ 5,160.36 $ 1,548 Labor Subtotal - Project Management/Quality Control $ 14,403 Task 2: Document Control Employee Classification Hours Rate Cost (DSC) Jamie Shinsato Office Engineer 1,020 $ 36.00 $ 36,720 Kristal Kozai Office Engineer 480 $ 32.70 $ 15,696 Fee: Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 119.67% Fee Rate x DSC of 30.00% Labor Subtotal - Document Control Fee: 1,500 $ 52,416 x $ 52,416.00 $ 62,726 x $ 52,416.00 $ 15,725 $ 130,867 Task 3: Field Inspection Employee Classification Hours Rate Cost (DSC) Jeff Vaughn Construction Manager 1,040 $ 58.67 $ 61,017 Bob Powell Construction Manager 560 $ 58.00 $ 32,480 1,600 $ 93,497 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 119.67% x $ 93,496.80 $ 111,888 Fee: Fee Rate x DSC of 30.00% x $ 93,496.80 $ 28,049 Labor Subtotal - Field Inspection $ 233,433 Task 4: Construction Management Employee Classification Hours Rate Cost (DSC) Tyron Bardwell Senior Construction Manager 490 $ 88.79 $ 43,507 Paki Perala Construction Manager 1,216 $ 68.00 $ 82,688 1,706 $ 126,195 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 149.10% x $ 43,507.10 $ 64,869 OH Rate x DSC of 119.67% x $ 82,688.00 $ 98,953 $ 163,822 Fee: Fee Rate x DSC of 30.00% x $ 126,195.10 $ 37,859 Labor Subtotal - Construction Management $ 327,875 47 Exhibit B ACOM City of Tukwila BUDGET FOR SERVICES 40th - 42nd Avenue South - Phase III Construction Inspection and Administration Services Task 5: Public Outreach Employee Classification Hours Rate Cost (DSC) Paki Perala Construction Manager 40 $ 68.00 $ 2,720 40 $ 2,720 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 119.67% x $ 2,720.00 $ 3,255 Fee: Fee Rate x DSC of 30.00% x $ 2,720.00 $ 816 Labor Subtotal -Public Outreach $ 6,791 Task 6: Change Orders Employee Classification Hours Rate Cost (DSC) Paki Perala Resident Engineer 80 $ 68.00 $ 5,440 Jamie Shinsato Office Engineer 160 $ 36.00 $ 5,760 240 $ 11,200 OH Rate x DSC of 119.67% x $ 11,200.00 $ 13,403 Fee: Fee Rate x DSC of 30.00% x $ 11,200.00 $ 3,360 Labor Subtotal - Change Orders $ 27,963 Task 7: Electronic As-Builts Employee Classification Hours Rate Cost (DSC) TBD CAD Operator 80 $ 30.00 $ 2,400 80 $ 2,400 Overhead (OH Cost -- Including Salary Additives): OH Rate x DSC of 149.10% x $ 2,400.00 $ 3,578 Fee: Fee Rate x DSC of 30.00% x $ 2,400.00 $ 720 Labor Subtotal - Electronic As-Builts Task 800: Materials Testing Materials Testing & Consulting, Inc. Task 900: Other Direct Costs Vehicles ($6/hr for field work, tasks 3, 4, 5, & 6) Printer/Scanner (estimate $150/mo for 13 months) Expenses (Misc Supplies) $ 6,698 Labor Total $ 748,030 Cost $ 24,084 $ 24,084 Hours Rate Cost 3,026 $ 6.00 $ 18,156 $ 600 $ 400 $ 19,156 Direct Costs Total $ 43,240 Grand Total $ 791,270 48 EXHIBIT B City of Tukwila BUDGET FOR SERVICES Time Summary March April May June July August September October • vV'vV November December Weeks from NTP 20 21 22 23 24 23 24 25 26 27 28 29 30 31 32 33 Working Days from NTP 100 105 110 115 120 125 130 135 140 145 150 155 160 165 170 175 180 185 190 195 200 205 Ty Bardwell - PM/RE Patty Coughlin, Administrator Jeff Vaughn, Inspector Paki Perala, Assist RE Jamie Shinsato, OE/Inspection Krista) Kozai, OE 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 8 8 8 8 8 8 8 8 8 16 16 16 16 16 8 8 8 8 1 1 1 1 1 11 4 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 20 20 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 20 20 8 8 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 20 20 20 20 20 20 20 20 20 40 40 40 40 40 20 20 20 20 40 40 40 40 40 40 TBD, CAD Operator 40 40 Bob Powell, Senior Construction Manager 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 Kevin Foltz, Inspection Support subtotal 50 City of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director !�1 BY: Dave Sorensen, Project Manager CC: Mayor Allan Ekberg DATE: May 11, 2018 SUBJECT: Annual Pavement and Repair Program Forecast Informational Update ISSUE What funding level is required to keep pace with the normal deterioration of roadway pavement, with the goal to eliminate the backlog of deferred maintenance within 10 years? BACKGROUND Tukwila owns, operates, and maintains over 200 lane miles of paved asphalt roadways. Public Works monitors the condition of each roadway segment in the City. Regularly updated data is collected and analyzed. Pavement conditions of each street segment is evaluated in terms of deterioration and distress signs; such as cracking, rutting, surface wear, humps, bumps, and sags. This information is then used to prioritize maintenance activities, develop a rehabilitation schedule, and plan multi-year budget strategies. Early this year each street was examined using visual inspection and computerized data entry and measurement to provide an updated roadway condition survey for all of Tukwila's streets. Citywide Pavement Condition Rating (PCR) scores was assigned to each street segment. The higher the rating score, the better condition of the roadway. ANALYSIS The current PCR of the roadway network is in the mid -80s on a scale of 1-100. Based on the increasing cost of construction, and updated rehabilitation strategies, the current $1.4M/year budget for the Overlay and Repair Program will increase the deferred maintenance and lower the overall network PCR by approximately 10-15 points over the next 10 years. If the Overlay budget was cut in half, to $750K/year, the deferred maintenance would increase at a faster rate over 10 years and the overall network PCR would drop nearly 30 points. To preserve the current level of deferred maintenance and PCR, the City should consider investing $2.5M/year in the Overlay Program over the next 10 years. If the City wishes to eliminate or minimize their deferred maintenance, an investment of $2.75M/year in the Overlay Program should be considered. The attached report and exhibits present the various funding strategies and their predicted effect on Tukwila's roadway network. Also of note, non -asphalt work (drainage, curb ramps, etc.) are not included in the construction budget. W:IPW EngIPROJECTSIA- RW 8 RS ProjectsWnnual Overlay 8 Repair Programs1PMSITIC Program Update May 14 20181Info Memo TIC Overlay Program Update 051118 gl sm.docx 51 Information Memo Pavement Maintenance Management Program May 11, 2018 The results of the Pavement Condition Report show that historic City funding levels of the Overlay and Repair Program have decreased the previously deferred backlog of projects. Exhibit 1 is an overview of possible future funding levels of the Overlay and Repair Program. With decreases in funding, the corresponding deferred maintenance then increases. Exhibit 2 shows $1.5M annual budget that approximately reflects the City's current funding levels. Exhibit 3 through 6 shows potential increases and decreases in funding levels and the resulting status of the street network. Inflation is on the horizon as our economy strengthens, escalating bidding climate, and increased construction costs would likely prevent the City from reaching the breakeven point unless future funding is increased as necessary. RECOMMENDATION Increase funding level of the Overlay and Repair Program to eliminate backlogged deferred maintenance within 10 years. A $2.75M/year funding level would allow maintenance and repairs to match the rate of deterioration (with zero roadway backlog). Attachments: 2017 CIP, Pg. 18 Tukwila Pavement Management Forecasting Report W:\PW Eng\PROJECTS \A- RW & RS Projects\Annual Overlay & Repair Programs\PMS\TIC Program Update May 14 2018\Info Memo TIC Overlay Program Update 051118 gl sm.docx 52 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Annual Overlay and Repair Program Project No. 9xx10401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 123 135 150 150 175 175 200 200 200 1,508 Land (RMI) 0 Const. Mgmt. 276 175 200 200 225 225 250 250 275 2,076 Construction 1,289 1,260 1,050 1,050 1,330 1,340 1,350 1,350 1,375 11,394 TOTAL EXPENSES 1,688 1,570 1,400 1,400 1,730 1,740 1,800 1,800 1,850 14,978 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 1,688 1,570 1,400 1,400 1,730 1,740 1,800 1,800 1,850 14,978 TOTAL SOURCES 1,688 1,570 1,400 1,400 1,730 1,740 1,800 1,800 1,850 14,978 2017 - 2022 Capital Improvement Program 18 53 Memorandum To: Dave Sorensen — Project Manager City of Tukwila From: Bryce Corrigan — KPG Nelson Davis, PE — KPG Date: 3/14/2018 Re: Tukwila Pavement Management Forecasting Overview The purpose of this memo is to provide the City with updated information on their roadway network and the funding level to keep pace with the deterioration of the network's pavement. In 2014 Pavement Engineers provided the City of Tukwila with information that updates the funding level for the maintenance and rehabilitation of their roadway network. The program, called PMSPro by Pavement Engineers, predicts the rehabilitation strategies and costs of the roadway network throughout the City of Tukwila. The program assigns a Pavement Condition Rating (PCR) to a roadway based on the pavement's distresses relative to the overall pavement area. For Example, a PCR of 90 represents 10% of the roadway surface has low alligator cracking. The program then assigns a rehabilitation strategy to a particular PCR and will produce a cost associated with that rehabilitation strategy for that particular roadway. Analysis KPG has updated the program based on projects that have been completed between 2014 and 2018 by setting PCR of those roadway segments to 100 in year of completion. The current PCR of the roadway network is in the mid -80s. Based on the updating PCR for projects completed in the last 5 years, the increasing cost of construction, and updated rehabilitation strategies, the current $1.5M/year budget for the overlay program will likely increase the deferred maintenance and lower the overall network PCR about 10-15 points over the next 10 years. If the budget was cut in half, to $750k/year, the deferred maintenance would increase at a faster rate over 10 years and the overall network PCR would drop nearly 30 points. To preserve the current level of deferred maintenance and PCR, the City should consider investing $2.5M/year in the overlay program over the next 10 years. If the City wishes to eliminate or minimize their deferred maintenance, an investment of $2.75M/year in the overlay program should be considered. The following exhibits present the various funding strategies and their predicted effect on Tukwila's roadway network. 3131 Elliott Avenue, Suite 400 Seattle WA 98121 P: 206.286.1640 F: 206.286.1639 www.kpg.com 54 Exhibit Descriptions Exhibit 1 — Forecasted Network This Exhibit illustrates a 10 year period from 2018 to 2027 and the Five (5) different funding scenarios and their effect on the Average PCR and Deferred Maintenance Costs of City's entire roadway network. Exhibit 2 — Existing Funding Level: $1.5M/year These graphs illustrate the effects on the roadway network if the existing funding level is maintained over the next 10 years. Deferred rehab increases, PCR drops 10-15 points. Exhibit 3 — Half Existing Funding Level: $750K/year These graphs illustrate the effects on the roadway network if the existing funding level is cut in half every year for the next 10 years. Deferred rehab increases, network PCR drops 20-30 points. Number of roads with PCR<20 increased to 30%. Exhibit 4 — Increase Funding Level: $2.5M/year These graphs illustrate that an increase in the funding level to $2.5M/year maintains the City's network PCR and deferred rehab. Exhibit 5 — $750k in 2018, $1.5M 2019-2027. These graphs illustrate the effects on the roadway network if the existing funding level is maintained over the next 10 years. Deferred rehab increases, PCR drops 10-15 points. Exhibit 6 — Increase Funding Level: $2.75M/year These graphs illustrate that an increase in the funding level to $2.75M/year improves the City's PCR to above 90 by 2027 and decreases the deferred maintenance to $0; that being the Funding Level is equal to, or does not increase, the deferred maintenance. Conclusion The City of Tukwila's roadway network relies upon consistent funding that follows trends of the construction industry. Without a continually updated pavement management funding strategy the City's roadway network will inevitably become more and more expensive to maintain. 3131 Elliott Avenue, Suite 400 Seattle WA 98121 P: 206.286.1640 F: 206.286.1639 www.kpg.com 55 Exhibit 1 — Forecasted Network 100 80 cc u o` a 60 z CU 0.0 40 Deferred Rehabilitation, Millions 20 $30 $25 $20 $15 510 $5 s- Focasted PCR =$1.5M Overlay Budget 2018-2027 $750k Overlay Budget 2018-2027 -$2.5M Overlay Program Budget 2018-2027 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Year Focasted Deferred Maintenance 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Year ,$750k for 2018 then $1.5M 2019- 2027 Overlay Budget $2.75M 2018-2027 Overlay Budget -$1.5M Overlay Budget 2018-2027 -$750k Overlay Budget 2018-2027 $2.5M Overlay Program Budget 2018-2027 $750k for 2018 then $1.5M 2019- 2027 Overlay Budget -$2.75M 2018-2027 Overlay Budget 56 Exhibit 2 — Existing Funding Level: $1.5M/year BUDGET $1,500,000/YEAR BUDGET 25 20 z 15 O J J vi 10 5 Deferred Rehab --Planned Budget 0 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 100 80 60 ro40 20 YEAR HEALTH OF STREET NETWORK $1,500,000/YEAR BUDGET 9[1- ® Percent Area With PCR 0-20 M Percent Area With PCR 21-40 Percent Area With PCR 41-60 Percent Area With PCR 61-80 ■ Percent Area With PCR 81-100 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 YEAR 57 Exhibit 3 — Half Existing Funding Level: $750K/year 35 30 25 0 20 J J 15 10 5 0 100 80 60 40 20 0 BUDGET $750,000/YEAR BUDGET 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 YEAR ©l. tri HEALTH OF STREET NETWORK $750,000/YEAR BUDGET �1 ii--. is lg 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 YEAR Deferred Rehab --•- Planned Budget ■ Percent Area With PCR 0-20 ■ Percent Area With PCR 21-40 Percent Area With PCR 41-60 Percent Area With PCR 61-80 ■ Percent Area With PCR 81-100 58 Exhibit 4 — Increase Funding Level: $2.5M/year 16 14 12 w BUDGET $2,500,000/YEAR BUDGET -Deferred Rehab 6 Planned Budget 4 2 0 100 80 60 40 20 0 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 ..a YEAR HEALTH OF STREET NETWORK $2,500,000/YEAR BUDGET .11 2018 2019 2020 2021 2022 2023 2024 2025 YEAR [3F] 2026 2027 ■ Percent Area With PCR 0-20 ■ Percent Area With PCR 21-40 Percent Area With PCR 41-60 Percent Area With PCR 61-80 ■ Percent Area With PCR 81-100 59 Exhibit 5 - $750k in 2018, $1.5M 2019-2027 30 25 20 0 15 10 5 0 100 80 • 40 20 BUDGET $750,000(2018), $1.5M (2019-2027)/YEAR BUDGET -Deferred Rehab -Planned Budget 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 YEAR HEALTH OF STREET NETWORK $750,000(2018), $1.5M (2019-2027)/YEAR BUDGET • Percent Area With PCR 0-20 • Percent Area With PCR 21-40 Percent Area With PCR 41-60 Percent Area With PCR 61-80 • Percent Area With PCR 81-100 D ai]] 1 I i Ali c '1 ] l'n 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 YEAR 60 Exhibit 6 — Increase Funding Level: $2.75M/year 12 10 8 z 0 6 4 2 0 100 80 m 60 v 40 20 BUDGET $2.75M(2018-2027)/YEAR BUDGET 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 YEAR HEALTH OF STREET NETWORK $2.75M(2018-2027)/YEAR BUDGET 0 - -. - - - •• - 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 YEAR Deferred Rehab Planned Budget ■ Percent Area With PCR 0-20 • Percent Area With PCR 21-40 Percent Area With PCR 41-60 Percent Area With PCR 61-80 • Percent Area With PCR 81-100 61 62 Tukwila City Council Transportation & Infrastructure Committee - 2018 Work Plan 1 City of Tukwila Updated May 1, 2018 Description Qtr Action or Briefing Status Transportation 1. 42nd Avenue South Phase III/Gilliam Creek Culvert Progress — updated information 1 B Authorize expenditure of additional budget in 412 fund 1 A Construction ongoing Project Close-out 4 A May move to 2019 2. ADA Improvements Bid award 2 A 3. Annual Overlay and Repair Program 2017 Project Close-out 1 A Pavement Management 2 B Bid Award for 2018 Program 2 A 4/23/18 4. 53rd Avenue S (5 137th — 5 144th St) & Water/Sewer/SSWM Seattle City Light Agreement 1 A 5/14/18 Bid Award 1 A 2/26/18 5. Annual Bridge Inspections and Repairs Bid Award 2 A Project Closeout 4 A 7. Major Maintenance on 3 Bridges Project Closeout 4 A 8. Road over BNRR Bridge Rehab Project Closeout 4 A 9. TUC Ped/Bike Bridge Project Closeout 3 A 10. S 144th St Phase 11 (42nd Ave S — TIB) Project Closeout 2 A 11. Cascade View Safe Routes to School Phase!! Project Closeout 1 A 2/26/18 12. Neighborhood Traffic Calming Program Various activities/updates 1-4 A Ongoing; gathering speed data Stop sign/Crosswalk Cost Overview 2 B 13. Strander Blvd Extension Phase 3 Authorize grant application for Federal funds 1 A 3/26/18 1 City of Tukwila Updated May 1, 2018 Tukwila City Council Transportation & Infrastructure Committee - 2018 Work Plan 14. Baker Boulevard Non -Motorized Improvements Project closeout 3 A 15. OTHER Grant Applications and Acceptances 1-4 A Ongoing Transportation Demand Management Programs Update 1-4 B Surplus Equipment Resolution - Fleet Tukwila International Boulevard Retrofit 2019-2020 Budget Components: Residential Street, Arterial Street, Public Works, Fleet, Water, Sewer, Surface Water Util,ties 2. 58th Avenue South Water Main Replacement Bid Award A Project closeout A 3. CBD Sanitary Sewer Rehabilitation Design 2018-A 1 A 3/26/18 Project closeout 4 A 4. Sewer Lift Station #2 Upgrades Bid Award 3 A 5. GIS Inventory of Sewer System 2018 Contract 1 A 3/9/18 6. Annual Small Drainage Program Closeout 2017 2 A Design 1 A 3/26/18 Bid Award 2 A 7. Tukwila 205 Levee Certification Ongoing reporting B 8. Chinook Wind Ongoing reporting B Riverside residence. King County bought for restoration, mitigation site. King County doing design 2018. 9. Waste Management Contract 10. OTHER Water Asset Management Briefing 1 B Loop Area Sewers Updates 1-4 B Ongoing Briscoe Desimone Levee Updates 1-4 B Ongoing. 2 City of Tukwila Updated May 1, 2018 Tukwila City Council Transportation & Infrastructure Committee - 2018 Work Plan 3 City of Tukwila Updated May 1, 2018 Macadam Road S. Water Upgrade Bid award A Annual sewer repair program 2-4 A Ongoing Reclaimed water at golf course Parks Dept. — Update 2018 Riverton Creek Flapgate Removal Franchise Agreements Ongoing 12. Standard Reports/Briefings Frequency Dept. Facility Tours As needed PW SCATBD Monthly CM Hougardy/Laurel Committee Work Plan 2-4X Council, Staff Waste Management Update Annual PW NPDES Annual 3 City of Tukwila Updated May 1, 2018 66 r„.* ;' \? City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Brandon Miles, Mayor's Office CC: Mayor Ekberg DATE: April 6, 2018, Updated May 7, 2018 SUBJECT: 2019 Budget Proviso for SeaTac International Airport Impact Study Staff provided an initial briefing to the Transportation & Infrastructure Committee on April 9, 2018 at which time the Committee directed staff to return as new information becomes available. Staff has updated the April 6 memo and the new information is shown in underline form. ISSUE Update on 2019 Budget Proviso for SeaTac International Airport Impact Study. BACKGROUND On February 26, 2018 Committee of the Whole was briefed on a proposed budget proviso pending with the Washington State Legislature. The proviso would provide funding for the Washington State Department of Commerce to study the impacts of SeaTac International Airport on adjacent communities. The final adopted budget proviso language as amended is as follows: (63)(a) $300, 000 of the general fund—state appropriation for fiscal year 2019 and $300,000 of the general fund—local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the SeaTac International airport. The general fund—state funding provided in this subsection serves as a state match and may not be spent unless $300, 000 of local matching funds is transferred to the department. The department must seek feedback on project scoping and consultant selection from the cities listed in (b) of this subsection. (b) The study must include, but not be limited to: (i) The impacts that the current and ongoing airport operations have on quality of life associated with air traffic noise, public health, traffic, congestion, and parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and nonresidential property values, and economic development opportunities, in the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park, and other impacted neighborhoods; and (ii) Options and recommendations for mitigating any negative impacts identified through the analysis. (c) The department must collect data and relevant information from various sources including the port of Seattle, listed cities and communities, and other studies. (d) The study must be delivered to the legislature by December 1, 2019. 67 INFORMATIONAL MEMO Page 2 Following the adoption of the budget, the Chairs of the State House Appropriations Committee and the State Senate Ways and Means Committee sent a letter to the Department of Commerce with refined language (see attached). It was noted that the language came too late to be included in the final draft of the State budget. The main modification was that Commerce was also directed to look at the benefits of SeaTac International Airport on surrounding cities as a result of proximity to the airport. The options section was also expanded to include a discussion regarding "bolstering potential benefits." Per the Department of Commerce, the adopted budget language governs, but the letter provides good guidance on the legislative intent of the proviso. The City of SeaTac's budget includes $250,000 for an "Airport Impact Analysis Project." No other city listed in the proviso has formally committed funds for the local match of the study. Since final adoption provision, the City of Tukwila has not yet received a formal request to provide a portion of the local match for the study. It's also unclear if this request would come from the Department of Commerce, the City of SeaTac, or some other entity. There have been some new developments since the April 9, 2018 Committee meeting. Federal Aviation Administration (FAA) Reauthorization Act of 2018 On April 13 the United States House of Representatives passed the FAA Reauthorization Act ("Act"). The Act included two amendments proposed by Congresswoman Pramila Jayapal. The first amendment adds Seattle to the list of communities to be studied on the potential health impacts of overflight noise. The second amendment directs the FAA Administrator to conduct a study on the infrastructure needs of fast growing airports, such as Sea -Tac Airport. The Act is still being considered by the United States Senate. Puget Sound Regional Council Regional Baseline Study Puget Sound Regional Council (PSRC) has started to work on developing a "Regional Baseline Study" for the region. The baseline study will be build on master planning happening now at Sea -Tac Airport and other airports. The study has a total budget of $1 million and is funded by the FAA. As part of this study PSRC has stated it would examine how airports impact surrounding communities. The final scope is expected to be completed by June. Cities Meeting On April 24 staff from the cities of SeaTac, Tukwila, Burien, Des Moines, Federal Way, and Normandy Park met to discuss the budget proviso and moving forward. The City of SeaTac is suggesting that cities contribute more than the $300,000 required under the adopted budget proviso. There seems to be some concern that $600,000 ($300,000 from the State and the $300,000) local match may be insufficient to conduct a study. It should be noted that no scope of study has yet been developed. Z:\Council Agenda Items\Mayoi's OtficelAirport Imact StudylDraft Memo, Revised Memo, 2018.05.07.docx 68 INFORMATIONAL MEMO Page 3 The City of SeaTac has budgeted $250,000 for a study. The City of SeaTac may only commit the $250,000 if other cities provide $250,000 of combined additional funds. The table below summarizes possible funding allocations. The initial table was originally prepared by the City of SeaTac. City OFM Local Match Population Estimate $250,000 $200,000 $150,000 $100,000 Federal 96,350 $117,992 $94,393 $70,795 $57,798 Way Des Moines 30,860 $37,791 $37,024 $27,2014 $13,326 Burien 50,680 $62,063 $60,803 $44,676 $21,884 Normandy 6,595 $8,076 $7,912 $5,813 $2,847 Park Tukwila 19,660 $24,076 $25,587 $17,331 $8,489 SeaTac 28,850 $250,000 $200,000 $150,000 $100,000 Total City $500,000 $400,000 $300,000 $200,000 Funds Total Funds $800,000 $700,00 $600,000 No Funds (including Available. $300,000 State from State) requires $300,000 local match The City of Federal Way has expressed doubt that it would provide the funding allocation outlined in the table. DISCUSSION Staff recommends this item remain in committee until additional information is obtained, specifically a formal request to provide matching funds. It is still unclear how this match will be allocated, based on proximity to the Airport, population, etc. As part of any request for a match, staff would like to also understand the scope of the project, both issues being examined, as well as the geographical scope. The impacts of SeaTac Airport, both positive and negative, to the City of Tukwila differ than those cities immediately adjacent to the Airport or those cities under the approach paths of the Airport. Z:\Council Agenda Items\Mayors OfficelAirport Imact StudylDraft Memo, Revised Memo, 2018.05.07,docx 69 INFORMATIONAL MEMO Page 4 There has also been some discussion if the total amount of the study, $600,000 ($300,000 State and $300,000 local match) is sufficient to adequately examine the various impacts associated with the Airport. RECOMMENDATION Information Only. Staff suggests the item remain in committee until additional information is obtained. Attachments: • City of SeaTac Letter to the City, dated February 12, 2018. • City of Des Moines Letter of Support, dated February 14, 2018 • City of Federal Way adopted Resolution. • Pages of State adopted budget with proviso language. • Letter from Washington State Legislature to Department of Commerce, dated March 21, 2018. • 2017/2018 City of SeaTac budget page. • Press release from Pramila Jayapal Z:1Council Agenda Items\Mayors OfficelAirport Imact StudylDraft Memo, Revised Memo, 2018.05.07.docx 70 4800 South 188th Street SeaTac, WA 98188-8605 City Hall: 206.973.4800 Fax: 206.973.4809 TDD: 206.973.4808 Mayor Michael J. Sielkes Deputy Mayor Erin Sitterley Councilmembers Rick Forschler Joel Wachtel Peter Kwon Pam Fernald Clyde Hill City Manager Joseph Scorcio City Attorney Mary Mirante Bartolo City Clerk Kristina Gregg February 12, 2018 The Honorable Allan Ekberg Mayor, City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Dear Mayor: As we discussed, we are asking the City of Tukwila's active support of the 2018 Supplemental Budget proviso request to the State legislature to help fund a comprehensive study of the current and ongoing impacts of the airport. The goal of this effort is to establish a point -in -time baseline of the airport's positive and negative impacts to our communities and help communicate those impacts to our residents and other interested parties. It will also help provide objective measurements for all of our communities with the anticipated growth at Sea -Tac Airport. The proviso request is for $500,000 which must be matched by an equal amount split between the cities of Burien, Des MoiOes, Federal Way, Normandy Park, SeaTac and Tukwila. We have budgeted $250,000 toward this effort and are hoping that our partner cities will jointly fund the balance of $250,000. These funds do not need to be formally committed and budgeted at this time but would be a requirement of the proviso prior to work being done on the study. The State's Department of Commerce would select the consultant and manage the study. I have attached the one-page overview of the proviso and the suggested proviso Language. The study has been well-received thus far by the legislature and based on discussions with our neighbors, indications are that Burien, Federal Way, Des Moines and Normandy Park are generally supportive of the proviso and are also considering active support. If you have any questions or wish to discuss this further, please do not hesitate to contact me. Thank you for your consideration of this important request. Sincerely, Joseph Scordio, AICP City Manager ! Cc: City Council I Enclosure 71 The City of SeaTac 2018 Supplemental Operating Budget Proviso Request: Airport Impact Study More than 20 years have passed since the last airport study was completed • As the host to Washington State's largest international airport, the City of SeaTac is proud to welcome the many travelers entering and leaving our state. As the SeaTac International Airport expands, SeaTac International Airport surrounding communities request funding to continue to be a strong, welcoming community. • Twenty years ago, when the third runway was in its planning stages, the State conducted the Sea -Tac International Airport Impact Mitigation Study, which found that "costs associated with these [airport] improvements are disproportionately borne by those communities immediately surrounding the airport." • The purpose of the study is to establish a point -in -time baseline of both positive and negative community and economic impacts and provide objective data to communicate this information to the residents of the cities and other interested parties. Now is the time for an update to the study • The Sea -Tac International Airport is the 6th fastest growing airport in the world. • It's the 9th busiest airport in the United States (2014). • Passenger levels increased approximately 13% from 2014. • On-site activity of the airport supports 32,000 jobs. • In 2013, $565 million in state and local tax revenue was generated. • The Port of Seattle's Sustainable Airport Master Plan envisions further expansion of the airport in the coming years. City Investment • The City of SeaTac has allocated $250,000 in local funds to updating the study and is working with neighboring cities to gather additional community support. Budget Proviso Language $500,000 of the general fund — state appropriation for fiscal year 2019 - is provided solely as a state match for distribution to the Department of Commerce to select a consultant to conduct an analysis of current and ongoing community and economic impacts of the Sea -Tac International Airport not otherwise covered by current airport related studies. The study shall be delivered to the legislature by December 1, 2019. The Department shall seek feedback on project scoping and consultant selection from the cities listed below. 72 The analysis will include, but not be limited to the impacts that current and ongoing airport operations have on quality of life associated with air-traffic noise, public health, traffic, congestion, and parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and non-residential property values, and economic development opportunities in the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way and Normandy Park. The Department will coordinate with the Port of Seattle and other entities to collect data on topics identified by the study, utilizing existing data where available. The study will include recommendation and options for mitigating any negative impacts identified through the analysis. The Department shall not spend the appropriation unless $500,000 in local matching funds is transferred to the Department. The City of Sea Tac will serve as the fiscal agent for any local matching funds and remit to the Department upon receipt of invoices for work completed. 73 ADMINISTRATION 21.03011TH AVENUE SOUTH, SUITE A DES MOINES, WASHINGTON 901006300 (206) 578-1095 T.1.D, (200) 020-6024 FAX {200) 870.8000 February 14, 2018 Representative Timm Ormsby Chair, House Appropriations Committee 315 John L. O'Brien Building Olympia, Washington 98504 Dear Chair Ormsby, The City of Des Moines wishes to express our support for a budget proviso appropriation of $500,000 for fiscal year 2019 as a state match for the Department of Commerce to select a consultant to conduct an analysis of current and ongoing community and economic impacts of Sea -Tac International Airport aircraft operations. The City of Des Moines is one of several cities adjacent to the airport that received disproportionate negative impacts from airport operations. This proviso is a high priority for our cities. As Sea -Tac moves forward with significant planned expansion, itis critical to assess impacts on our cities resulting from that growth. This State effort will help document the issues of noise and volume of air traffic, as well as other community health impacts. Sea -Tac is the 9th busiest airport in the United States and is the 6th fastest growing airport in the world. Yet Sea -Tac faces spatial constraints to growth resulting in more intense direct impacts to those cities in proximity to the airport. We recognize the economic value to our region of airport operations, at the same time we face disproportionate negative impacts — of noise and air quality. The goal of this study is to establish a point -in -time baseline of the Airport's positive and negative imoacts to our communities and to help communicate those impacts to our residents and other interested parties. • It will also help provide objective measurements for all of our communities as we address continued growth at Sea -Tac Airport. Having a valid baseline will allow all parties a greater degree of accountability in future discussions. 7l Varode urd (,may 65 74 Representative Timm Ormsby February 14, 2018 Page Two • The study is not tied to the Sustainable Airport Master Plan (SAMP) or its immediate environmental documents, but will be very important when the project specific analyses are undertaken with future Airport projects (always need a baseline to measure change). • Having the State conduct this study (as they did in 1997) will provide a neutral and balanced approach and assure greater confidence in the final product and its future use by all parties. Sincerely, Matt Pina Mayor, City of Des Moines cc: Des Moines City Council Representative Mike Pellicciotti, 301h Legislative District Representative Tina L. Orwell, M.S.W. 33rd Legislative District Representative Mia Gregerson, 33`d Legislative District Senator Karen Keiser, 33rd Legislative District Conner Edwards, City of Des Moines Legislative Advocate City of Des Moines Aviation Advisory Committee Michael Matthias, City Manager, City of Des Moines Susan Cezar, Community Development Director and SEPA Official Mr. Ken Rogers Joseph Scorcio, City Manager, City of SeaTac Ile zaai'errad e ' y 66 75 RESOLUTION NO. 18-735 A RESOLUTION of the City of Federal Way, Washington, expressing support for a state budget proviso appropriation for fiscal year 2019 to fund an analysis of current and ongoing impacts associated with Sea -Tac International Airport aircraft operations on surrounding airport communities and their residents WHEREAS, Sea -Tac International Airport is the 9th busiest airport in the United States and the 6th fastest growing airport in the world; and WHEREAS, Sea -Tac is currently planning significant expansion to meet demand, but faces spatial constraints to growth that result in more intense direct impacts to those cities in proximity to the airport; and WHEREAS, the City of Federal Way is one of several cities located near Sea -Tac International Airport that are disproportionately impacted by airport operations through increased noise and air quality impacts; and WHEREAS, it is critical to assess these impacts to the cities negatively affected by increased airport operations, and having objective measurements for all communities impacted by airport operations will allow all parties a greater degree of accountability in future discussions; and WHEREAS, the fiscal year 2019 operating budgets passed by both the State Senate and the State House currently contain a proviso that would provide a state match from the general fund for the Department of Commerce to select a consultant to conduct an analysis of current and ongoing impacts associated with Sea -Tac International Airport aircraft operations on surrounding airport communities and their residents. Resolution No. 18-735 Page 1 of 3 76 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council of the City of' Federal Way supports state efforts to fund a Department of Commerce study to analyze the current and ongoing community impacts of the Sea - Tac International Airport aircraft operations. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ra t i ti cation. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 6th day of March, 2018. Resolution No. 18-735 Page 2 of 3 77 ATTEST: (-ne.61- CITY OF FEDERAL WAY: J F,ERR'ELL, MAYOR STEPHANIE COURTNEY, CMC CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 03/01/2018 PASSED BY THE CITY COUNCIL: 03/06/2018 RESOLUTION NO.: 18-735 Resolution No. 18-735 Page 3 of 3 78 CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 6032 65th Legislature 2018 Regular Session Passed by the Senate March 8, 2018 CERTIFICATE Yeas 25 Nays 24 President of the Senate Passed by the House March 8, 2018 Yeas 54 Nays 44 I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6032 as passed by Senate and the House of Representatives on the dates hereon set forth. Speaker of the House of Representatives Approved FILED Governor of the State of Washington Secretary Secretary of State State of Washington 79 1 foundation to develop a comprehensive 3D spinal cord atlas with the 2 goal of providing clinicians and researchers with a digital map of 3 the spinal cord. 4 (59) $250,000 of the general fund—state appropriation for fiscal 5 year 2019 is provided solely for the department to contract with the 6 Washington state microenterprise association to assist people with 7 limited incomes in nonmetro areas of the state to start and sustain 8 small businesses and embrace the effects of globalization. 9 (60) $240,000 of the general fund—state appropriation for fiscal 10 year 2019 is provided solely for the implementation of Substitute 11 House Bill No. 2367 (child care collaboration task force). If the 12 bill is not enacted by June 30, 2018, the amount provided in this 13 subsection shall lapse. 14 (61) $174,000 of the general fund—state appropriation for fiscal 15 year 2019 is provided solely for the implementation of Third 16 Substitute House Bill No. 2382 (surplus public property). If the bill 17 is not enacted by June 30, 2018, the amount provided in this 18 subsection shall lapse. 19 (62) $31,000 of the general fund—state appropriation for fiscal 20 year 2019 is provided solely for the implementation of Substitute 21 House Bill No. 2667 (essential needs/ABD programs). If the bill is 22 not enacted by June 30, 2018, the amount provided in this subsection 23 shall lapse. 24 (63)(a) $300,000 of the general fund—state appropriation for 25 fiscal year 2019 and $300,000 of the general fund—local appropriation 26 are provided solely for the department to contract with a consultant 27 to study the current and ongoing impacts of the SeaTac international 28 airport. The general fund—state funding provided in this subsection 29 serves as a state match and may not be spent unless $300,000 of local 30 matching funds is transferred to the department. The department must 31 seek feedback on pro-iect scoping and consultant selection from the 32 cities listed in (b) of this subsection. 33 (b) The study must include, but not be limited to: 34 (i) The impacts that the current and ongoing airport operations 35 have on quality of life associated with air traffic noise, public 1 36 health, traffic, congestion, and parking in residential areas, 37 pedestrian access to and around the airport, public safety and crime 38 within the cities, effects on residential and nonresidential property 39 values, and economic development opportunities, in the cities of p. 44 ESSB 6032.PL i i 80 1 SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park, and 2 other impacted neighborhoods; and 3 (ii) Options and recommendations for mitigating any negative 4 impacts identified through the analysis. 5 (c) The department must collect data and relevant information 6 from various sources including the port of Seattle, listed cities and 7 communities, and other studies. 8 (d) The study must be delivered to the legislature by December 1, 9 2019. 10 (64) (a) $125,000 of the general fund—state appropriation for 11 fiscal year 2019 is provided solely for the department of commerce to 12 provide a grant to a nonprofit organization to assist fathers 13 transitioning from incarceration to family reunification. The grant 14 recipient must have experience contracting with: 15 (i) The department of corrections to support offender betterment 16 projects; and 17 (ii) The department of social and health services to provide 18 access and visitation services. 19 (b) The grant recipient must provide data on program outcomes to 20 the Washington statewide reentry council. This data must be included 21 in the Washington statewide reentry council's report of activities 22 and recommendations to the governor and appropriate committees of the 23 legislature as required by RCW 43.380.050. 24 (65) $1,000,000 of the general fund—state appropriation for 25 fiscal year 2019 is provided solely for the department of contract 26 with organizations and attorneys to provide legal representation 27 and/or referral services for legal representation to indigent persons 28 who are in need of legal services for matters related to their 29 immigration status. Persons eligible for assistance under this 30 contract must be determined to be indigent under standards developed 31 under chapter 10.101 RCW. 32 (66) $150,000 of the general fund—state appropriation for fiscal 33 year 2019 is provided solely for a small business innovation exchange 34 project to increase economic development opportunities for women, 35 minority, and veteran owned small businesses in the south King county 36 region. 37 (67) $100,000 of the general fund—state appropriation for fiscal 38 year 2019 is provided solely for a grant to the city of Federal Way 39 for an emergency shelter to serve homeless families with children. p. 45 ESSB 6032.PL 81 di 41 March 21, 2018 Brian Bonlender, Director Department of Commerce 1011 Plum Street SE P.O. Box 42525 Olympia, WA 98504-2525 a j i n gtO1i atati Regi<ature RE: Study on the current and ongoing impacts of the Seattle -Tacoma International Airport in ESSB 6032 - Section 127 (63) Dear Director Bonlender: Late in the legislative session, we received refined language related to the airport impact study referenced in Section 127(63) of Engrossed Substitute Senate Bill (ESSB) 6032. Unfortunately, there was not time to include the updated language. We respectfully ask the Department of Commerce to implement the provisions of Section 127(63) of ESSB 6032 using the following language: (63) (a) $300,000 of the general fund—state appropriation for fiscal year 2019 and $300,000 of the general fund—local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the Seattle -Tacoma international airport. The general fund—state funding provided in this subsection serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to the department. (b) The final study scope shall be developed by the department, in consultation with organizations or entities including members of the legislature, the port of Seattle, and the cities listed in subsection (c)(i). (c) The study scope must include, but not be limited to: (1) The impacts that the current and ongoing airport operations have air traffic noise, public health, traffic, congestion, and parking in residential areas, effects on residential and nonresidential property values, and economic development opportunities, in the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way, Normandy Park; (ii) The benefits to the same cities referenced in (c)(i) derived due to proximity to the airport, including wages and taxes from airport -related operations, property tax derived from commercial development directly tied to airport -related operations, and improved access to transit resulting from proximity to the airport; and 82 (iii) Options and recommendations for mitigating any negative impacts, or bolstering potential benefits identified through the analysis, including what role the state plays in addressing impacts and benefits. (d) The department must collect data and relevant information from various sources including the port of Seattle, listed cities and communities, regional planning agencies, and other studies. (e) The study must be delivered to the legislature by December 1, 2019. Additionally, it is our intent that the $300,000 of local matching funds need not be received prior to beginning the contracting process for the study and instead may be received, and deposited as local revenue, as costs to the Department are incurred. We intend to amend the 2017-19 Operating Budget next session to incorporate the updated language, but do not wish to delay the study and we encourage the Department to implement the study with the adjustments noted in this letter. If you have further questions, please let us know, or contact our operating budget staff. Sincerely, epresentative imm Ormsby Senator Christine Rolf House Appropriations Com tee Senate Ways and Means Committee cc: David Schumacher, Office of Financial Management Director Jim Crawford, Office of Financial Management Assistant Director Matt Bridges, Senate Democratic Caucus Senior Fiscal Analyst K.D. Chapman, House Democratic Caucus Deputy Policy Director Gwen Stamey, Office of Financial Management Budget Assistant Claire Goodwin, Senate Ways and Means Fiscal Analyst Meghan Morris, House Appropriations Committee 83 CITY OF SEATAC 2017-2018 BIENNIAL BUDGET Council Approved Decision Cards 27 84 2017-2018 Expenses Dept/Fund Description Total One -Time ; Ongoing GENERAL FUND (001) City Council Additional Police Officer City Services Cost Recovery Study Fiber Optics System & Capacity Analysis Human Services Donation Fund $ 382,759 75,000 50,000 - - 75,000 50,000 - 382,759 - - - Court Enhancements/Upgrades to Ocourt Probation Counselor FTE 50,000 26,900 50,000 1,300 - 25,600 CMO Resident Satisfaction Survey 15,000 15,000 I - Finance/ISI GIS Professional Services -GIS Professional Services -Information Systems 20,000 20,000 - - 20,000 20,000 City Clerk Electronic Records Management System Expansion -Phase II 31,760 23,800 ; 7,960 Fire Corrections to Local Addressing Issues Emergency Preparedness Mapping LTE 64,097 224,442 64,097 224,442 - - Parks Old Fire Station #45 Cleanout Restore Funding for Contracted Janitorial Services Seasonal Park Maintenance Workers Special Events on Sound Transit Plaza 50,000 100,000 215,672 30,000 50,000 - 63,908 - - 100,000 151,764 30,000 CED Professional Services - Structural Plan Reviewer Increase 0.75 FTE Senior Planner to 1.0 FTE Senior Planner 170,000 86,422 - - 170,000 86,422 General Fund Decision Cards $ 1,612,052 $ 617,547 $ 994,505 2017-2018 Expenses Dept/Fund Description Total One -Time ; Ongoing ADA Transition Pian Survey/Study Street (102) City -Wide Parking Program On -Call Surveying Services On -Call Traffic Engineering/Modeling Support 100,000 575,000 60,000 100,000 100,000 575,000 - - - - 60,000 100,000 Street Decision Cards $ 835,000 $ 675,000 $ 160,000 11 + irport Impact Analysis Project POS ILA Master Plan for Tub Lake (105) Highline Botanical Garden Master Plan Outside Legal - Airport Related 250,000 25,000 25,000 100,000 250,000 25,000 25,000 - $ . l) - ) - 100,000 POS ILA Decision Cards $ 400,000 $ 300,000 $ 100,000 Municipal CIP (301) Military Veterans' Memorial Structure SeaTV Equipment eTRAKiT Citizen Portal ITRAKiT Inspection Module Microsoft Office Upgrade HVAC Controls 75,000 12,000 55,000 35,000 41,400 45,000 75,000 12,000 50,000 30,000 41,400 45,000 . - $ - 5,000 5,000 - - Municipal Capital Improvements Decision Cards $ 263,400 $ 253,400 $ 10,000 SWM (403) Legal Costs Associated with ILA LID Code Integration Review Spot Drainage Repairs SWM Personnel 50,000 35,000 400,000 280,094 50,000 35,000 - - - - 400,000 280,094 SWM Decision Cards $ 765,094 $ 85,000 $ 680,094 84 Brandon Miles Subject: RE: BREAKING Jayapal Delivers for Seattle in FAA Bill From: "Farooque, Omer" <Omer.Farooque@mail.house.gov> Date: April 27, 2018 at 11:44:29 AM PDT To: "Farooque, Omer" <Omer.Farooque@mail.house.gov> Subject: BREAKING 1 Jayapal Delivers for Seattle in FAA Bill REPRESENTATIVE -FOR WASHrNGTON'S 7THp For Immediate Release Apr. 27, 2018 Contact: Omer Farooque, 202-450-0088, omer.farooque@mail.house.gov Jayapal Delivers for Seattle in FAA Bill The House passed the FAA Reauthorization Act, which includes Jayapal amendments on airplane noise and infrastructure needs of Seattle -Tacoma International Airport. WASHINGTON, D.C. — In a big win for Seattle -Tacoma International Airport and Washington's 7th Congressional District, Congresswoman Pramila Jayapal's two amendments passed through the U.S. House of Representatives as part of the Federal Aviation Administration Reauthorization Act of 2018. The two amendments deal with airplane noise and airport infrastructure. Jayapal's first amendment adds Seattle to the list of communities to be studied on the potential health impacts of overflight noise. The second amendment directs the FAA administrator to conduct a study on the infrastructure needs of fast-growing airports like Seattle -Tacoma International Airport. "Sea -Tac is is one of the fastest growing airports in the entire country. This has led to vast economic growth for our region. While that's good news for our beautiful city, we still need to be cognizant of the impacts of this growth and thoroughly study those impacts," said Rep. Jayapal. "This much-needed five year FAA reauthorization makes investments in critical airport infrastructure construction, which will benefit our crumbling airports and increase economic opportunity for workers. Additionally, my two amendments will help us better understand the potential effect of airplane noise and the infrastructure needs of Sea -Tac Airport — I am proud they are attached to this bill." "We are grateful for Representative Jayapal's focus on the needs of Sea -Tac Airport and local communities. We appreciate the need for deeper understanding of the infrastructure needs at airports in region's experiencing tremendous economic and populations growth such as Seattle," said Port of Seattle Commission President Courtney Gregoire. "Her addition of Seattle to potential research on aircraft noise impacts will help us gain additional insights into quality of life for our communities. We 1 85 look forward to continuing to work with her as the FAA Reauthorization bill continues through Congressional consideration." Background: Today, the U.S. House of Representatives passed H.R. 4, the FAA Reauthorization Act of 2018 — a bill that would reauthorize the FAA for five years through 2023, at $104.17 billion per year. It includes funding for FAA's Airport Improvement Program (AIP) at $3.35 billion per year, which funds critical airport infrastructure construction and reauthorizes the Essential Air Service Program, which subsidizes air service to rural communities and provides support for FAA Operations and FAA Facilities and Equipment. While the bill represents a bipartisan effort to support the FAA and the airline industry, we need to make certain that the investments and policy initiatives continue to uphold the interests of the flying public. ### 2 86