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TIS 2024-04-22 COMPLETE AGENDA PACKET
City of Tukwila Transportation and Infrastructure Services Committee • Armen Papyan, Chair :► Dennis Martinez .�. Hannah Hedrick Distribution: D. Martinez A. Papyan H. Hedrick H. Ponnekanti G. Lerner (email) Clerk File Copy Share pkt pdf on SharePoint to A. Le, A. Youn AGENDA MONDAY, APRIL 22, 2024 — 5:30 PM HYBRID MEETING — ONSITE AND VIRTUAL DUWAMISH CONFERENCE ROOM, 6300 BUILDING, 2ND FLOOR MS Teams: CLICK HERE TO JOIN THE MEETING Virtual Meeting - Members of the public may listen by dialing 1-253-292-9750 and entering conference ID 252508487# Item Recommended Action Page 1. PRESENTATIONS 2. BUSINESS AGENDA a) Franchise Agreement with Astound (E. Compton) b) 2023 Overlay and Repair Project Completion and Acceptance (M. Ronda) c) 2024 Annual Overlay Project Construction Bid Award (D. Baus) d) 2024 Annual Overlay Project Amendment No. 1; Contract No. 23-165 (D. Baus) e) 2024 Annual Small Drainage Program KPG Psomas Inc. Contract (J. Hopkins) f) Riverton Creek Flapgate Removal Project - Change Order #4 (J. Hopkins) g) Neighborhood Traffic Calming Program On -Call Contract - Supplemental Agreement #1 (C. Knighton) h) 2024 Annual Overlay — 50th PI Overlay TIB Complete Streets Grant Application (C. de Boer) i) Surface Water Comprehensive Plan 2024 Draft Surface Water Comprehensive Plan for Review (S. Edquid) a) Forward to the 5/13/24 Committee of the Whole and the 5/20/24 Regular Consent Agenda b) Forward to the 05/06/24 Regular Consent Agenda c) Forward to the 05/06/24 Regular Consent Agenda d) Forward to the 05/06/24 Regular Consent Agenda e) Forward to the 05/06/24 Regular Consent Agenda f) Forward to the 05/06/24 Regular Consent Agenda g) Forward to the 05/06/24 Regular Consent Agenda h) Committee approval j) Discussion only Pg. 3 Pg. 45 Pg. 53 Pg. 93 Pg. 105 Pg. 125 Pg. 137 Pg. 143 Pg. 151 S. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. j) Future Water Reservoir Update (A. Altallal) Discussion only Pg. 153 Next Scheduled Meeting: 05/21/2024 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206-433-0179 for assistance. TO: FROM: BY: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Transportation & Infrastructure Committee Joel Bush, Chief Information Officer Eric Compton, Franchise Analyst CC: Mayor Thomas McLeod DATE: 04/19/2024 SUBJECT: Franchise Agreement with Astound Broadband ISSUE Approve and ordinance granting Astound Broadband a new Franchise Agreement with a term of five (5) years. BACKGROUND State law provides cities the authority to establish franchises to telecommunication providers who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all telecommunication providers to obtain franchise agreements with the City prior to approval to construct, maintain and operate within the City limits. DISCUSSION Astound Broadband is a local internet service provider providing competition to incumbent providers like Century Link and Comcast. They have a small presence in the City for the consumer market and a larger presence for back -haul services to connect regions across the US. Astound is seeking to continue to provide service in Tukwila and expand their footprint for consumer services providing increased competition in more neighborhoods across the City. Additionally, Astound has been a willing partner in terms of asset sharing and collaboration to bring services to the Tukwila community, potentially providing increased access for City services like Tukwila's Private LTE network. FINANCIAL IMPACT Under the terms of the Franchise, IIG is required to pay the City a $5000 administrative fee. RECOMMENDATION Council is being asked to approve the Ordinance granting Astound Broadband a Franchise Agreement and consider this item at the May 13, 2024, Committee of the Whole and then the May 20, 2024, Regular Consent Agenda. ATTACHMENTS Astound Franchise Agreement 3 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING TO ASTOUND BROADBAND, LLC D/B/A ASTOUND BROADBAND AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS -OF - WAY OF THE CITY OF TUKWILA, WASHINGTON. WHEREAS, pursuant to Ordinance No. 2445, the City of Tukwila ("City") granted Astound Broadband, LLC ("Franchisee") a 5-year telecommunications franchise; and WHEREAS, pursuant to Ordinance No. 2607, the City Council granted Franchisee a one-year extension; and WHEREAS, Ordinance No. 2607 expired on August 11, 2020; and WHEREAS, pursuant to Ordinance No. 2632, the City Council granted Franchisee an additional year long extension to August 11, 2021; and WHEREAS, Franchisee has requested that the City Council grant it a new nonexclusive franchise; and WHEREAS, the City Council has the authority to grant franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Franchise. The franchise by the City Council under Ordinance No. 2445 is hereby terminated and replaced in its entirety by this franchise, attached and incorporated herein as Attachment A. The term of the franchise shall be for five (5) years, commencing on the date the last party executes the franchise. 2024 Legislation: Astound Franchise Agreement Version: 04/03/2024 Staff: E. Compton Page 1 of 2 4 Section 2. Terms & Conditions. The terms and conditions governing the franchise specified in Section 1. shall be those set forth on Attachment A to this Ordinance and incorporated herein by this reference as if set forth in full. Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to this Ordinance shall not become effective until its terms and conditions are accepted by Astound Broadband, LLC. Such acceptance shall contain any required letter of credit, evidence of insurance, all applicable fees pursuant to Section 14. of the Franchise, and shall be filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall conform substantially to Attachment B, and evidence the unconditional acceptance of the terms hereof and a promise to comply with and abide by the provisions, terms and conditions hereof. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance 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 Ordinance. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval by the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, MMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Exhibit A — Astound Broadband, LLC, Franchise Agreement Exhibit B — Astound Broadband, LLC, Statement of Acceptance 2024 Legislation: Astound Franchise Agreement Version: 04/03/2024 Staff: E. Compton Page 2of2 5 ATTACHMENT A [See attached.] 2024 Legislation: Astound Franchise Agreement Version: 04/03/2024 Staff: E. Compton Page 3 of 2 6 TELECOMMUNICATIONS FRANCHISE Between CITY OF TUKWILA, WASHINGTON and ASTOUND BROADBAND, LLC This Telecommunications Franchise is entered into by and between the City of Tukwila, Washington a municipal corporation, hereinafter ("the City") and Astound Broadband, LLC who is hereinafter known as ("Astound" or "Franchisee"). The City and Franchisee are sometimes referred to hereinafter collectively as the "parties." Section 1. Franchise Granted. Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to Astound a non- exclusive franchise (the "Franchise") under the terms and conditions contained in this franchise ordinance (the "Franchise Ordinance"). Section 1.2. This Franchise grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, acquire, sell, lease and use all necessary Facilities for a telecommunications network, in, under, on, across, over, through, along or below the public Rights -of -Ways located in the City of Tukwila, as approved pursuant to City permits issued pursuant to this Franchise and in accordance with all applicable federal, state, and local codes. Tukwila Municipal Code ("TMC") Title 11 is hereby incorporated by reference, however, in the event of any conflict between this chapter and this Franchise, the Franchise shall govern. (a) "Facilities" as used in this Franchise means one or more elements of Franchisee's telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary appurtenances. Equipment enclosures with air conditioning or other noise generating equipment shall meet all lawful TMC requirements. For the purposes of this Franchise the term Facilities excludes "microcell" facilities defined by RCW 80.36.375, and "macrocell" facilities, including towers and new base stations and other similar facilities (except for fiber optic cables) provided that such exclusion shall not apply to Facilities interconnecting with and serving such facilities. 7 (b) Public "Rights -of -Way" means land acquired or dedicated to the public or that is hereafter dedicated to the public and maintained under public authority, including, but not limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks, utility easements and similar public property located within the franchise area but does not include: State highways; land dedicated for road, streets, highways not opened and not improved for motor vehicle use by the public; structures including poles and conduits located within the right-of-way; federally granted trust lands or forest board trust lands; lands owned or managed by the State Parks and Recreation Commission; federally granted railroad rights -of -way acquired under 43 USC § 912 and related provisions of federal law that are not open for vehicular use; or leasehold or City -owned property to which the City holds fee title or other title and which is utilized for park, utility or a governmental or proprietary use (for example, buildings, other City -owned physical facilities, parks, poles, conduits, fixtures, real property or property rights owned or leased by the City not reserved for transportation purposes). Section 2. Authority Limited to Occupation of the Public Rights -of -Way Section 2.1. The authority granted pursuant to this Franchise is a limited authorization to occupy and use the Rights -of -Way throughout the City (the "Franchise Area"). No right to install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property other than a Right -of -Way, or upon private property without the owner's consent, or upon any public or privately owned utility poles or conduits is granted herein. Franchisee hereby represents that it expects to provide the following services within the City: high speed data and fiber optic services, internet protocol -based services, internet access services, conduit and dark fiber leasing, telephone, data transport and other telecommunications and information services (the "Services"). Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Rights -of -Way of the City to the Franchisee other than for the purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way as a public thoroughfare. Franchisee may not occupy the Right -of -Way to provide Cable Services as defined in 47 U.S.C. § 522(6) nor occupy the Right -of -Way for the placement of small wireless facilities or macro facilities, without obtaining a new franchise or an amendment to this Franchise approved by the City Council. 8 Section 2.2. Notwithstanding the existence of this Franchise, the installation, construction, maintenance, use, operation, replacement and removal by Franchisee of any one or more Franchise Facilities will be subject to all applicable provisions of Title 11 TMC, including, but not limited to, the City's Infrastructure, Design, and Construction Standards, adopted by the City's Public Works Department of Public Works, the terms and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms and conditions of City building permits issued pursuant to Title 16 TMC, and all other applicable laws, rules and regulations. Section 2.3. Franchisee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this Franchise, provided: (a) Franchisee at all times retains exclusive ownership over its telecommunications system, Facilities and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; (b) Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise, provided that leases or other commercial arrangements for the use of the Facilities installed pursuant to this Franchise may extend beyond the term of the Franchise; (c) Such customer or lessee shall not be construed to be a third -party beneficiary under this Franchise; and (d) No such customer or lessee may use the telecommunications system or Services for any purpose not authorized by this Franchise, unless such rights are otherwise granted by the City. Section 3. Non -Exclusive Franchise. Section 3.1. This Franchise is granted to the Franchisee upon the express condition and understanding that it shall be a non-exclusive Franchise which shall not in any manner prevent or hinder the City from granting to other parties, at other times and under such terms and conditions as the City, in its sole discretion, may deem appropriate, other franchises or similar use rights in, on, to, across, over, upon, along, under or through any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or prohibit the City from using any of the roads, Public Rights -of -Way or other public properties covered or affected by this Franchise, nor shall this 9 Franchise affect the City's jurisdiction, authority or power over any of them, in whole or in part. The City expressly retains its power to make or perform any and all changes, relocations, repairs, maintenance, establishments, improvements, dedications, or vacations of or to any of the roads, Public Rights -of -Way or other public properties covered or affected by the Franchise as the City may, in its sole and absolute discretion, deem fit, including the dedication, establishment, maintenance and/or improvement of new Public Rights -of -Way, thoroughfares and other public properties of every type and description. Section 4. Term; Early Termination. Section 4.1. The initial term of the Franchise shall be for a period of five (5) years (the "Initial Term"), beginning on the Effective Date of the Franchise, and continuing until the date that is one day prior to the fifth anniversary of the Effective Date (the "Initial Term Expiration Date"), unless earlier terminated, revoked or modified pursuant to the provisions of this Franchise. Section 4.2. The Franchise granted by this Franchise Ordinance shall automatically renew on the fifth anniversary of the Effective Date with the same terms and conditions as set forth in this Franchise, for one (1) additional five (5) year (the "Renewal Term," and, together with the Initial Term, the "Term"), unless either party provides one hundred twenty (120) days written notice to the other party to request an amendment to the Franchise. Section 5. Location of Facilities. Section 5.1. Franchisee is maintaining a telecommunications network, consisting of Facilities within the City. Franchisee may locate its Facilities anywhere within the Franchise Area consistent with the City's Infrastructure, Design and Construction standards and the Tukwila Municipal Code and subject to the City's applicable permit requirements. Franchisee shall not commence any construction or other similar work within a Public Right -of -Way until (i) a right- of-way use permit authorizing such work has been issued by the City pursuant to Title 11 TMC for a site -specific location or installation, including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building permit authorizing such work has been issued by the City. Section 5.2. To the extent that any Rights -of -Way within the Franchise Area are part of the state highway system ("State Highways"), are considered managed access by the City and are governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department 10 of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Franchisee specifically agrees that: (a) any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT requirements; (b) any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT requirements; and (c) without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. Section 6. Relocation of Facilities Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, it will promptly, at its sole cost and expense, protect, support, temporarily disconnect, relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities when so required by the City due to any of the following reasons: (i) traffic conditions, (ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or improvement thereof, (iv) widening and/or improvement of existing rights -of -way, (v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road grade, or (viii) the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; PROVIDED that the Franchisee shall generally have the privilege to temporarily bypass, in the authorized portion of the same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee Facilities required to be temporarily disconnected or removed. The provisions of this Section 6. apply to all Franchisee Facilities wheresoever situated within any Public Right -of -Way, regardless of whether the Franchisee Facility at issue was originally placed in such location under the authority of an easement or other property interest prior to the property becoming a Public Right - of -Way. For the avoidance of doubt, such projects shall include any Right -of -Way improvement project, even if the project entails, in part, related work funded and/or performed by or for a third party, provided that such work is performed for the public benefit, and not primarily for the benefit of a private entity, and shall not include, without limitation, any other improvements or repairs undertaken by or for the sole benefit of third party private entities. Collectively all such projects 11 described in this Section 6.1 shall be considered a "Public Project". Except as otherwise provided by law, the costs and expenses associated with relocations or disconnections ordered pursuant to this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit Franchisee's ability to seek reimbursement for relocation costs when permitted by RCW 35.99.060. Section 6.2. Upon the request of the City and in order to facilitate the design of City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and expense, to locate and, if reasonably determined necessary by the City, to excavate and expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection so that the location of the facilities may be taken into account in the Public Project design; PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee Facilities for inspection unless Franchisee's record drawings and maps of the Franchisee Facilities submitted pursuant to Section 13. of this Franchise are reasonably determined by the Public Works Director to be inadequate for the City's planning purposes. The decision to require relocation of any Franchisee Facilities in order to accommodate Public Projects shall be made by the Public Works Director upon review of the location and construction of the Franchisee Facilities at issue. Where the City incurs additional costs in performing any maintenance, operation, or improvement of or to public facilities due to measures taken by the City to avoid damaging or to otherwise accommodate one or more Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such additional costs promptly upon receiving the City's invoice for same. Section 6.3. Any condition or requirement imposed by the City upon any person or entity (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction or development) which reasonably necessitates the relocation of any Franchisee Facilities shall constitute a required relocation for purposes of this Section 6. Section 6.4. If the City determines that the Public Project necessitates the relocation of Franchisee's Facilities, the City shall provide Franchisee in writing with a date by which the relocation shall be completed (the "Relocation Date") consistent with RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the 12 relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation, and the City shall endeavor to provide Franchisee at least sixty (60) days' notice prior to the Relocation Date. Franchisee shall complete the relocation by the Relocation Date, unless the City or a reviewing court establishes a later date for completion, as described in RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to involve Franchisee in the predesign and design phases of any Public Project. After receipt of the written notice containing the Relocation Date, Franchisee shall relocate such facilities to accommodate the Public Project consistent with the timeline provided by the City and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. Section 6.5. If Franchisee fails to complete this work within the time prescribed above and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to Franchisee, including all costs and expenses incurred by the City due to Franchisee's delay. In such event, the City shall not be liable for any damage to any portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment, and that delay results in any delay damage accrued by or against the City, Franchisee will be liable for all documented costs of construction delays attributable to Franchisee's failure to timely act. Franchisee reserves the right to challenge any determination by the City of costs for construction delays related to an alleged failure to act in accordance with this Section 6.5. Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 19. against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. Section 6.7. In the event of an emergency posing a threat to public safety or welfare, or in the event of an emergency beyond the control of the City which will result in severe financial 13 consequences to the City, which necessitates the relocation of Franchisee's Facilities, Franchisee shall relocate its Facilities within the time period specified by the City. Section 6.8. The provisions of this Section 6. shall in no manner preclude or restrict Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 6.9. The provisions of this Section 6. shall survive the expiration, revocation, abandonment or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights -of -Way. Section 7. Undergrounding of Facilities. Section 7.1. Except as specifically authorized by permit of the City, Franchisee shall not be permitted to erect poles. All Facilities shall be installed underground. Franchisee acknowledges and agrees that if the City does not require the undergrounding of its Facilities at the time of permit application, the City may, at any time in the future, require the conversion of Franchisee's aerial facilities to underground installation at Franchisee's expense; provided that the City requires all other wireline utilities, except electrical utilities, with aerial facilities in the area to convert such facilities to underground installation at the same time. Unless otherwise permitted by the City, Franchisee shall underground its Facilities in all new developments and subdivisions, and any development or subdivision where all utilities, other than electrical utilities, are currently underground. Section 7.2. Whenever the City may require the undergrounding of the aerial utilities (other than electrical utilities and personal wireless services facilities) in any area of the City, Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently with and in the area of the other affected utilities. The location of any such relocated and underground utilities shall be approved by the City. Where other utilities are present and involved in the undergrounding project, Franchisee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee's own Facilities. "Common costs" shall include necessary costs not specifically 14 attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. "Fair share" shall be determined for a project on the basis of the number and size of Franchisee's Facilities being undergrounded in comparison to the total number and size of all other utility facilities being undergrounded. Section 7.3. To the extent Franchisee is providing Services to personal wireless services facilities, Franchisee shall adhere to the design standards for such personal wireless services facilities, and shall underground its Facilities and/or place its Facilities within the pole as may be required by such design standards. For the purposes of clarity, this Section 7.3 does not require undergrounding or interior placement of Facilities within the pole to the extent that the personal wireless services facilities are located on utility poles that have pre-existing aerial wireline facilities and provided such construction of Franchisee's Facilities continue to comply with Section 7.1 or Section 7.2. Section 7.4. Franchisee shall not remove any underground cable or conduit that requires trenching or other opening of the Rights -of -Way along the extension of cable to be removed, except as provided in this Section 7.4. Franchisee may remove any underground cable and other related facilities from the Right -of -Way that has been installed in such a manner that it can be removed without trenching or other opening of the Right -of -Way along the extension of cable to be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable from the Rights -of -Way where reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to Section 6. When the City determines, in the City's sole discretion, that Franchisee's underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove the cable or conduit at Franchisee's sole cost and expense. Franchisee must apply and receive a permit, pursuant to Section 9. , prior to any such removal of underground cable, conduit and other related facilities from the Right -of -Way and must provide as -built plans and maps pursuant to Section 13.1. Section 7.5. Both the City and Franchisee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the other parry's placement of utilities or increase such party's actual costs. Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs to access the open trench and any costs associated with the delay of 15 the completion of a public works project. The City shall pay to the Franchisee the incremental costs of providing such access to the open trench. Section 7.6. The provisions of this Section 7. shall survive the expiration, revocation, abandonment or termination of this Franchise. Nothing in this Section 7. shall be construed as requiring the City to pay any costs of undergrounding any of the Franchisee's Facilities. Section 8. Emergency Work/Dangerous Conditions. Section 8.1. In the event of any emergency in which any of Franchisee's Facilities located in or under any street endangers the property, life, health or safety of any person, or if Franchisee's construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee shall respond within 24 hours to take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Tukwila City Hall is open for business. The City retains the right and privilege to cut or move any Facilities located within the Rights -of -Way of the City, in response to any public health or safety emergency. Section 8.2. The City shall not be liable for any damage to or loss of Facilities within the Rights -of -Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights -of -Way by or on behalf of the City, except to the extent directly and proximately caused by sole negligence, intentional misconduct or criminal actions of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section 8. except to the extent caused by the sole negligence, intentional misconduct or criminal actions of the City, its employees, contractors, or agents. Section 8.3. Whenever the construction, installation or excavation of Facilities conducted by Franchisee as authorized by this Franchise has caused or materially contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or City property, the Public 16 Works Director may direct Franchisee, at Franchisee's own expense, to take reasonable action to protect the public, adjacent public places, City property or street utilities, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may enter upon the property and take such reasonable actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the lateral support thereof, or reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof. Section 9. Work in the Rights -of -Way. Section 9.1. During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, naggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, shall give the City at least ten (10) working days prior notice (except in the case of an emergency) of its intent to commence work in the Rights -of -Way. The City shall only issue permits that are in compliance with the TMC and the City's generally applicable design standards. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights -of - Way, and all work by the Franchisee in the area shall be performed in accordance with applicable City standards and specifications. In no case shall any work commence within any Rights -of -Way without a permit, except as otherwise provided in this Franchise. Section 9.3. If the Franchisee shall at any time plan to make excavations in any area covered by this Franchise and as described in this Section 9.3, the Franchisee shall afford the other, 17 upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (a) Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; (b) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (c) Franchisee may deny such request for safety reasons. Section 9.4. Except for emergency situations, Franchisee shall give at least seven (7) days' prior notice of intended construction to residents in the affected area prior to any underground construction or disturbance. Such notice shall contain the dates, contact number, nature and location of the work to be performed. At least twenty-four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property, Franchisee shall physically post a notice on the property indicating the nature and location of the work to be performed. Door hangers are permissible methods of notifications to residents. Franchisee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its condition prior to construction, except for any change in condition not caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee's work shall, at the sole expense of Franchisee, be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right to enter onto private property without the permission of such private property owner, or as otherwise authorized by applicable law. Section 9.5. Upon receipt of a permit (except in emergency situations), Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with Franchisee's Facilities. The right to trim trees in this Section 9.5 shall only apply to the extent necessary to protect above ground Facilities. Franchisee's tree trimming activities shall protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible 18 for all debris removal from such activities. All trimming shall be at the expense of Franchisee. Franchisee may contract for such services, however, any firm or individual so retained must first receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City except to the extent it is necessary that Franchisee trims trees or vegetation upon, overhanging, or encroaching on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent such vegetation from coming in contact with Franchisee's Facilities. Franchisee shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Franchisee's actions. Franchisee shall indemnify, defend and hold harmless the City from third -party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Public Works Director or designee. Section 9.6. Franchisee shall meet with the City and other franchise holders and users of the Rights -of -Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights -of -Way. All construction locations, activities, and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages. Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights -of -Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed time 19 limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Section 9.9. The provisions of this Section 9. shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 10. Restoration. Section 10.1. Franchisee shall, after installation, construction, relocation, maintenance, or repair of its Facilities, or after abandonment approved pursuant to Section 22. , promptly remove any obstructions from the Rights -of -Way and restore the surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for any changes to the Rights -of -Way not caused by Franchisee. The Public Works Director or designee shall have final approval of the condition of such Rights -of -Way after restoration. All concrete encased survey monuments that have been disturbed or displaced by such work shall be restored pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and specifications. Section 10.2. Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by work to the Franchise Area or other affected area at its sole cost and expense and according to the time and terms specified in the construction permit issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards. Section 10.3. If conditions (e.g. weather) make the complete restoration required under Section 10. impracticable, Franchisee shall temporarily restore the affected Right -of -Way or property. Such temporary restoration shall be at Franchisee's sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration when conditions no longer make such permanent restoration impracticable. Section 10.4. In the event Franchisee does not repair a Right -of -Way or an improvement in or to a Right -of -Way within the time reasonably directed to by the Public Works Director, or designee, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section 14.3 and 20 Section 14.4. In addition, and pursuant to Section 14.3 and Section 14.4, the City may bill Franchisee for expenses associated with the inspection of such restoration work. The failure by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject to remedies by the City including the imposition of damages consistent with Section 24. . Section 10.5. The provisions of this Section 10. shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 11. Safety Requirements. Section 11.1. Franchisee shall, at all times, employ professional care and shall install and maintain and use industry -standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights -of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of such condition and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to make the necessary repairs and alterations within the time frame specified in such notice (and pursue such cure to completion), then the City may make such repairs or contract for them to be made. All costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section 14.3 and Section 14.4. Section 11.3. Additional safety standards include: 21 (a) Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable on any aerial facilities. (b) All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry -standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. (c) Any opening or obstruction in the Rights -of -Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. Section 11.4. Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. The stop work order shall: (a) Be in writing; (b) Be given to the person doing the work or posted on the work site; (c) Be sent to Franchisee by overnight delivery; (d) Indicate the nature of the alleged violation or unsafe condition; and (e) Establish conditions, consistent with the applicable laws, regulations, ordinances or generally applicable standards under which work may be resumed. Section 12. Work of Contractors and Subcontractors. Section 12.1. Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. 22 Section 13. Maps and Records. Section 13.1. The Franchisee agrees and covenants that it shall, within thirty 30 days of substantial completion of any construction project involving a Public Right -of -Way, provide to the City, at no cost to the City, accurate copies of as -built plans and maps stamped and signed by a professional land surveyor, engineer, or other person or entity of similar professional background and experience providing such information in industry standard format, in a form and content acceptable to the Public Works Director or designee. Section 13.2. Within thirty (30) days of a written request from the Public Works Director, the Franchisee shall furnish the City with information sufficient to demonstrate: (1) that the Franchisee has complied with all applicable requirements of this Franchise; and (2) that all taxes, including but not limited to sales, utility and/or telecommunications taxes, due the City in connection with the Franchisee's services and Facilities provided by the Franchisee have been properly collected and paid by the Franchisee. Section 13.3. Books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights -of -Way and which are reasonably necessary to demonstrate compliance with the terms of this Franchise, shall, after reasonable prior notice from the City, be made available for inspection by the City at reasonable times and intervals but no more than one time each calendar year or upon the City's reasonable belief that there has been a violation of this Franchise by Franchisee; provided, however, that nothing in this Section 13.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Unless otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall be construed as permission to withhold relevant customer data from the City that the City requests in conjunction with a tax audit or review; provided, however, Franchisee may redact identifying information such as names, street addresses (excluding City and zip code), Social Security Numbers, or Employer Identification Numbers related to any confidentiality agreements Franchisee has with third parties. Section 13.4. Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose 23 such information to comply with a utility tax audit, or in the event the City is permitted to charge franchise fees as further described in Section 15.1, or as otherwise required in this Franchise. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential, trade secret, or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee may take appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within sixty (60) days of a request from the City. Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City shall have the right to conduct an independent audit of Franchisee's records reasonably related to the administration or enforcement of this Franchise and the collection of utility taxes, in accordance with GAAP. If the audit shows that tax payments have been underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit. Section 14. Costs and Fees. Section 14.1. Franchisee shall pay a one-time fee for the actual administrative expenses incurred by the City that are directly related to the receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in drafting and processing this Franchise, not to exceed Five Thousand and no/100 Dollars ($5,000). No construction permits shall be issued for the installation of Facilities authorized until such time as the City has received payment of this fee; further, this Franchise shall be considered void if the fee is not paid within ninety (90) days of receipt of the invoice. Franchisee shall further be subject to 24 all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 14.3. Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee's Facilities, to the extent said emergency is not the fault of the City. Section 14.3. Consistent with state law, Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee's Facilities in the Right -of -Way. Such costs and expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Right -of -Way as the result of the presence of Franchisee's Facilities in the Right -of -Way. Such costs and expenses shall also include Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee's Facilities. Section 14.4. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. Billing will be made on a monthly basis. Section 15. City's Reservation of Rights 25 Section 15.1. Franchisee hereby represents that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.21.860. As a result, the City will not impose a Franchise fee under the terms of this Franchise, other than as described herein. The City hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees are removed. In either instance, the City also reserves its right to require that Franchisee obtain a separate Franchise for its change in use. Nothing contained herein shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. Section 15.2. Franchisee acknowledges that its operation with the City constitutes a telecommunications business subject to the utility tax imposed pursuant to the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a telephone business and that Franchisee shall pay to the City the rate applicable to such taxable services under TMC Chapter 3.50, and consistent with state and federal law. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend TMC Chapter 3.50 as may be permitted by law. Nothing in this Franchise is intended to alter, amend, modify or expand the taxes and fees that may be lawfully assessed on Franchisee's Services. Section 16. Police Powers and City Ordinances. Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of the Franchise granted by this Franchise Ordinance, including, but not limited to, any valid ordinance made in the exercise of the City's police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations, including design standards and utility accommodation policies, the location, elevation, manner of construction, and maintenance of any Franchisee Facilities located within any Public Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to violate other requirements of law. In the event of a conflict between the regulatory provisions of 26 this Franchise Ordinance and any other ordinance(s) enacted under the City's police power authority, such other ordinance(s) shall take precedence over the regulatory provisions set forth herein. Section 17. Limitation of City's Liability. Section 17.1. Administration by the City of the Franchise granted by this Franchise Ordinance shall not be construed to create the basis for any liability to any third party on the part of the City, its elected and appointed officials, officers, employees, and agents for any injury or damage from the failure of the Franchisee to comply with the provisions of this Franchise Ordinance; by reason of any plan, schedule or specification review, inspection, notice and order, permission, or other approval or consent by the City; for any action or inaction thereof authorized or done in connection with the implementation or enforcement of the Franchise by the City; or for the accuracy of plans submitted to the City. Section 18. Compliance with All Applicable Laws. Section 18.1. Each party agrees to comply with all present and future federal, state and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive any rights they may have under any such laws, rules or regulations. This Franchise is subject to ordinances of general applicability enacted pursuant to the City's police powers. Franchisee further agrees to remove all liens and encumbrances arising as a result of said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair and in a manner reasonably suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such federal or state statute or regulation when such statute, regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance with applicable laws, but only upon providing Franchisee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, Franchisee makes a written 27 request for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within ninety (90) days of the call for negotiations, either party may pursue any available remedies at law or in equity. Section 19. Indemnification Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within this Franchise. Section 19.2. Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this Section 19.. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or the institution of any litigation. Section 19.3. The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 19.3. City's failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee's ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert witness fees, costs, and attorney's fees, and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in 28 the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City's fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. Section 19.4. The parties acknowledge that this Franchise may be subject to RCW 4.24.115. Accordingly, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Franchisee and the City, its officers, officials, employees, and volunteers, Franchisee's liability shall be only to the extent of Franchisee's negligence. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. Section 19.5. Notwithstanding any other provisions of this Section 19. , Franchisee assumes the risk of damage to its Facilities located in the Rights -of -Way and upon City -owned property from activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any sole negligence, intentional misconduct or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages, lost profits and consequential damages, brought by or under users of Franchisee's Facilities as the result of 29 any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors except to the extent any such damage or destruction is caused by or arises from the sole negligence or intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Section 19.6. The provisions of this Section 19. shall survive the expiration, revocation, termination, or abandonment of this Franchise. Section 20. Insurance. Section 20.1. Franchisee shall procure and maintain for the duration of the Franchise and as long as Franchisee has Facilities in the rights -of -way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Franchise and use of the rights -of -way. (a) No Limitation. Franchisee's maintenance of insurance as required by the Franchise shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. (b) Minimum Scope of Insurance. Franchisee shall obtain insurance of the types and coverage described below: (i) Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under Franchisee's Commercial General Liability insurance policy with respect this Franchise using ISO endorsement CG 20 12 05 09 or CG 20 26 07 04, or substitute endorsement providing at least as broad coverage. (ii) Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 30 (iii) Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of Franchisee. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. (iv) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (v) Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as Franchisee's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the Contractor's Excess or Umbrella Liability insurance policy. (c) Minimum Amounts of Insurance. Franchisee shall maintain the following insurance limits. (i) Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. Limits may be satisfied utilizing Excess or Umbrella policies. (ii) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (iii) Contractors Pollution Liability insurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. Limits may be satisfied utilizing Excess or Umbrella policies. (iv) Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through Franchisee's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. (d) Other Insurance Provisions. Franchisee's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as 31 respect the City. Any insurance, self-insurance, or self -insured pool coverage maintained by the City shall be excess of Franchisee's insurance and shall not contribute with it. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. (f) Verification of Coverage. Franchisee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Franchise. Upon request by the City, Franchisee shall furnish certified copies of all insurance policies required by Franchisee, including -endorsements, and evidence of all subcontractors' coverage. (g) Subcontractors. Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of Franchisee - provided insurance as set forth herein, except Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. (h) Notice of Cancellation. Franchisee shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. (i) Failure to Maintain Insurance. Failure on the part of Franchisee to maintain the insurance as required shall constitute a material breach of Franchise, upon which the City may, after giving five business days' notice to Franchisee to correct the breach, terminate the Franchise or, at its discretion, procure or renew such necessary and appropriate insurance coverage as required by the Franchise and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. (j) City Full Availability of Franchisee Limits. If Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Franchisee, irrespective of whether such limits maintained by Franchisee are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Franchisee. (k) Franchisee — Self -Insurance. If Franchisee is self -insured or becomes self -insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply 32 with the following: (i) provide the City, upon request, a copy of Franchisee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available, subject to a mutually agreeable confidentiality agreement; (ii) Franchisee or its parent company is responsible for all payments within the self -insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in Section 19. Section 21. Bonds. Section 21.1. Construction Performance Bond. Upon an application for a permit involving excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a performance bond ("Performance Bond") written by a corporate surety reasonably acceptable to the city in an amount equal to 150% of the construction cost, which should not be less than $2,000. The amount of the Performance Bond may be reduced during construction as determined by the City. The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights -of -Way and other City properties affected by the construction; (5) submission of as -built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as - built drawings, and the posting of a Maintenance Bond as described in Section 21.2. Section 21.2. Maintenance Bond. Following excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a two (2) year maintenance bond ("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptance of construction work on Facilities within the Rights -of -Way. The Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the construction work. The Maintenance Bond in this Section 21.2 must be in place prior to City's release of the bond required by Section 21.1. Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the amount of Twenty -Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or renewable for the 33 term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section 20.1 shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 22. Abandonment of Franchisee's Facilities. Section 22.1. Upon the expiration with no renewal request made within thirty (30) days of written notice by the City of the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way within sixty (60) days of receiving written notice from the Public Works Director or designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee's Facilities must be first approved by the Public Works Director or designee, and all necessary permits must be obtained prior to such work. Franchisee shall restore the Right -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such removal provided Franchisee shall not be responsible for any changes to the Right -of -Way not caused by Franchisee or any person doing work for Franchisee. Franchisee shall be solely responsible for all costs associated with removing its Facilities. Section 22.2. Notwithstanding Section 22.1 above, the City may permit Franchisee's improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Section 22.3. Any Facilities which are not removed within one hundred eight (180) days of either the date of termination or revocation or the date the City issued a permit authorizing 34 removal, whichever is later, shall automatically become the property of the City. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this Section 22. shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord and such landlord later replaces, removes or relocates the structure, for example by building a replacement structure, Franchisee shall remove or relocate its Facilities within the Right -of -Way within one hundred twenty (120) days of such notification from the landlord at no cost to the City. Section 22.5. The provisions of this Section 22. shall survive the expiration, revocation, abandonment, or termination of this Franchise and for so long as Franchisee has Facilities in Rights -of -Way. Section 23. Forfeiture and Revocation. Section 23.1. If Franchisee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee shall, at the election of the Tukwila City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon notice to Franchisee. Section 23.2. Such hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. This hearing does not give the right to either the City or Franchisee to conduct discovery, subpoena witnesses, or take depositions. Within thirty (30) days after the hearing, the Tukwila City Council, on the basis of the record, will make the determination as to whether there is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The Tukwila City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Tukwila City Council does not grant any additional period, the Tukwila City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may 35 be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. Section 24. Remedies to Enforce Compliance. Section 24.1. The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of the Franchise and to recover damages and costs incurred by the City by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. In addition to any other remedy provided in this Franchise, Franchisee reserves the right to pursue any remedy available at law or in equity to compel or require the City, its officers, employees, volunteers, contractors and other agents and representatives, to comply with the terms of this Franchise. Further, all rights and remedies provided herein shall be in addition to and cumulative with any and all other rights and remedies available to either the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such waiver. The parties agree that in the event a party obtains injunctive relief, neither party shall be required to post a bond or other security and the parties agree not to seek the imposition of such a requirement. Section 24.2. If either party (the "Defaulting Party") shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to such party under the provisions of this Franchise, the other party (the "Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying with reasonable particularity the nature of any such breach and the Defaulting Party shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the Non -Defaulting Party may 36 specify a longer cure period, and condition the extension of time on the Defaulting Parry's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Defaulting Party does not comply with the specified conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise with no further notification pursuant to this Section 24. , (2) refuse to grant additional permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee, not to exceed $5,000 in any calendar year, or Franchise Bond set forth in Section 21.3. Section 25. Non -Waiver. Section 25.1. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenants, agreements or option or any other covenants, agreements or option. Section 26. Acceptance. Section 26.1. Within ninety (90) days of the approval of this Franchise Ordinance, the Franchisee shall execute and return to the City its execution and acceptance of this Franchise in the form attached hereto as Attachment B. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to Section 20. , any applicable construction Performance Bond pursuant to Section 21.1, the Franchise Bond required pursuant to Section 21.3, and the administrative fee pursuant to Section 14.1. Section 27. Survival. Section 27.1. All of the provisions, conditions, and requirements of Section 6. , Section 7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section 32.1, Section 35.3 and Section 35.4 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City's Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this Franchise 37 shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee is named herein. Section 28. Assignment. Section 28.1. This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless prior written consent is provided to the City within ninety (90) days following the assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section 28.1, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee's stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. Section 28.2. Any transactions which singularly or collectively result in a change of 50% or more of the (i) ownership or working control (for example, management of Franchisee or its Telecommunications facilities) of the Franchisee; or (ii) ownership or working control of the Franchisee's Telecommunications facilities within the City; or (iii) control of the capacity or bandwidth of the Franchisee's Telecommunication facilities within the City, shall be considered an assignment or transfer requiring notice to the City pursuant to this Franchise. Such transactions between affiliated entities are not exempt from notice requirements. A Franchisee shall notify the City of any proposed change in, or transfer of, or acquisition by any other party of control of a Franchisee within ninety (90) days following the closing of the transaction. Section 29. Entire Agreement. Section 29.1. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. Section 30. Extension. 38 Section 30.1. If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City may, subject to applicable law: (a) Allow Franchisee to maintain and operate its Facilities on a month -to -month basis, provided that Franchisee maintains insurance for such Facilities during such period and continues to comply with this Franchise; or (b) The City may order the removal of any and all Facilities at Franchisee's sole cost and expense consistent with Section 22. Section 31. Eminent Domain. Section 31.1. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of the Franchisee's Facilities for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. Section 32. Vacation. Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. If Franchisee has Facilities in the vacated portion of the Right -of -Way, the City shall use reasonable efforts to reserve an appurtenant easement for Franchisee within the vacated portion of the Right -of -Way within which Franchisee may continue to operate existing Facilities under the terms of this Franchise for the remaining period of the term set forth in Section 4. Notwithstanding the preceding sentence, the City shall incur no liability for failing to reserve such easement. The City shall notify the Franchisee in writing not less than sixty (60) days before vacating all or any portion of any such area, in which Franchisee is located. The City may, after sixty (60) days written notice to the Franchisee, terminate this Franchise with respect to such vacated area. Section 33. Hazardous Substances. Section 33.1. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees, 39 agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property to the extent caused by Franchisee's use, storage, or disposal of hazardous substances, whether or not intentional, and the use, storage or disposal of such substances by Franchisee's agents, contractors or other persons acting under Franchisee's control, whether or not intentional. Section 33.2. The obligations of the Franchisee under this Section 32.1 shall survive the expiration, revocation, abandonment, earlier termination of the Franchise granted by this Franchise Ordinance. Section 34. Notice Section 34.1. Any Notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: CITY OF TUKWILA FRANCHISEE Richard Hayes Astound Broadband 3700 Monte Villa Parkway Suite 110 Bothell, WA 98021 rhays@wavebroadband.com 360-631-4134 Joseph Kahl Astound Broadband 650 College Road East, Suite 3100 Princeton, NJ 08540 joe.kahl@astound.com 609-681-2184 Section 34.2. The Franchisee's current emergency contact shall be Richard Hayes and is reachable via the following number 360-631-4134, and shall be available 24 hours a day, seven days a week. The Franchisee shall promptly notify the City of any change in the notice address or emergency contact (or title) and phone number. 40 Section 35. Miscellaneous. Section 35.1. Franchisee shall pay promptly and before they become delinquent, all taxes on personal property and improvements owned or placed by Franchisee and shall pay all license fees and public utility charges relating to the conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees imposed by the City. Section 35.2. City and Franchisee respectively represent that its signatory is duly authorized and has full right, power and authority to execute this Franchise. Section 35.3. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses, including such sum as the court may judge as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling. Section 35.4. This Franchise shall be construed in accordance with the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or Snohomish County Superior Court. Section 35.5. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. Section 35.6. Where the context so requires, the singular shall include the plural and the plural include the singular. Section 35.7. Franchisee shall be responsible for obtaining all other necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Franchisee by any person or entity. Section 35.8. This Franchise may be enforced at both law and equity. Section 35.9. Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other 41 liabilities caused by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense. Section 35.10. This Franchise is subject to all current and future applicable federal, State and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as amended and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any rights they may have under any such laws, rules, or regulations. Section 35.11. There are no third party beneficiaries to this Franchise. Attachment B STATEMENT OF ACCEPTANCE ASTOUND BROADBAND, LLC D/B/A ASTOUND BROADBAND, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. By: Date: Name: Title: 42 STATE OF COUNTY OF On this day of , 2024, before me the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared, of , the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of Residing at MY COMMISSION EXPIRES: 43 44 City of Tukwila Public Works Department - Hari Ponnekanti, Director/City Engineer Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Hari Ponnekanti, Public Works Director BY: Michael Ronda, Project Manager CC: Mayor Tom McLeod DATE: April 19, 2024 SUBJECT: 2023 Overlay and Repair Project - Proj #82310401 & 92210301, Contract No. 23-112 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of insurance, retainage and performance bond. BACKGROUND The Notice to Proceed for Contract No. 23-112 with Lakeside Industries Inc, of Issaquah, Washington was issued on July 10. 2023 for the 2023 Overlay and Repair Project and S 119th St. Bridge Raised Crosswalk Project. The project included pavement overlay and repair of ten sites within the City of Tukwila. For the 2023 Overlay, the Raised Crosswalk and RRFB installation in Allentown was included under a separate schedule to take advantage of economies of scale for this Neighborhood Traffic Calming, ADA and Complete Streets work. The attached maps show the areas of work. ANALYSIS Construction was Physically Complete on March 6, 2024, after an extended delay for RRFB equipment (specifically the poles). The budget for the 2023 Overlay & Repair was $1,296,481.50. There was no explicit contingency dedicated to this project. No formal Change Orders were executed for the work since all changes fit within existing bid items or were performed under allowable Force Account items. Under -runs were primarily due to reduced quantities of Asphalt Roadway Planing and Reuse, Crushed Surfacing Base Course and various Force Account Items not used. Major Overrun items included Asphalt Pavement Removals Including Haul and Planing Bituminous Pavement. Construction Contract Amount $1,296,481.50 Over -runs 61,712.11 Under -runs (260,155.02) Total Amount to be Paid $ 1,098,038.59 RECOMMENDATION Council is being asked to formally accept the project as complete and authorize the release of the insurance, retainage and performance bonds, subject to standard claim and lien release procedures, for the 2023 Overlay and Repair Project construction contract with Lakeside Industries, Inc. in the final amount of $1,098,038.59 and consider this item on the Consent Agenda at the May 6, 2024 Regular Meeting. ATTACHMENT - Project Site Maps, Project Under/Over Sheet 45 2023 Tukwila Overlay Proo,am\CADD\Sheet=lles\ K: APROJECTS\TUKWILA\9TU 2023 ANNUAL OVERLAY & REPAIR PROGRAM PROJECT NO. 82310401 MAY 2023 MAYOR ALLAN EKBERG DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER HARI PONNEKANTI, P.E. SCHEDULE OF DRAWINGS SHEET NO. SHEET TITLE SCHEDULE A 1 2 -4 5-6 7 8 9 - 10 11 12 - 13 14 15 -16 17 - 18 19 SCHEDULE B 20 - 26 COVER DETAILS 51ST AVE S S 139TH ST S 137TH ST 32ND AVE S 33RD PL S S 140TH ST 35TH AVE S S 142ND ST 37TH AVE S S 144TH ST S 119TH ST BRIDGE/ 42ND AVE S RAISED CROSSWALK AND RRFB LEGEND EXISTING: -9- 0 O 0 e 0 EB CITY COUNCIL CYNTHIA DELOSTRINOS JOHNSON, COUNCIL PRESIDENT ,,,,n KATHY HOUGARDY DE'SEAN QUINN KATE KRULLER THOMAS MCLEOD MOHAMED ABDI TOSH SHARP WATER VALVE GAS VALVE FIRE HYDRANT TELEPHONE MANHOLE FIBER OPTIC MANHOLE POWER POLE MONUMENT SANITARY SEWER MANHOLE WATER METER CATCH BASIN JUNCTION BOX TYPE 1,2 SIGNAL CONTROLLER CABINET TREE CRUSHED GRAVEL CEMENT CONC. PAVEMENT VEGETATION FENCELINE ROW LIMITS (SURVEY) ROW LIMITS (GIS) PROPOSED: NNNNNNNNNNNN 32ND AVE S & 33RD PL S 140TH ST & 35TH AVE S & S 142ND ST & 37TH AVE S THICKENED EDGE PAVEMENT REPAIR HMA OVERLAY HMA PAVEMENT SECTION CRUSHED SURFACING TOP COURSE CEMENT CONC. PAVEMENT GRINDING AND PAVING LIMITS SAWCUT INLET PROTECTION PER WSDOT STD LANDSCAPE AREA SUFACE FLOW DIRECTION PLAN 1-40.20 S 137TH ST & S 139TH ST & 51ST AVE S S 144TH ST & PUBLIC' WORKS DEFT_ *ENGINEERING * STREETS *WATER* SEWER* designed drawn checked proj eng proj dir field bk no by MKE EH BMC date 03/23 03/23 03/23 KPG PS OMAS Seattle 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 206.286.1640 Tacoma 1 Wenatchee I KPG.com BID DOCUMENTS 2023 ANNUAL OVERLAY & REPAIR PROGRAM COVER no date revisions 1 26 s. file no 9TUK0ID400 COV.DWG scale 04/2023 / K:APROJECTS\TUKWILA\9TUK010400-2023 Tukwila Overlay Program \CADD\119th CAD files\9—UK000 SCHEDULE B- S 119TH ST BRIDGE/ 42ND AVE S RAISED CROSSWALK AND RRFB PROJECT NO. 92210301 APRIL 2023 MAYOR ALLAN EKBERG DIRECTOR OF PUBLIC WORKS HARI PONNEKANTI, P.E. CITY ENGINEER HARI PONNEKANTI, P.E. SCHEDULE OF DRAWINGS SHEET NO. SHEET TITLE SCHEDULE B 20 COVER 21 DETAILS 22 RRFD DETAILS 24 EXISTING CONDITIONS & SITE PREPARATION 25 42ND AVE S - ROADWAY PLAN 26 42ND AVE S - RAMP DETAIL LEGEND EXISTING: 4 O O 0 e O 0 CITY COUNCIL TCYNTHIA DELOSTRINOS JOHNSON, PRESIDENT KATHY HOUGARDY DE'SEAN QUINN KATE KRULLER THOMAS MCLEOD MOHAMED ABDI TOSH SHARP WATER VALVE GAS VALVE FIRE HYDRANT TELEPHONE MANHOLE FIBER OPTIC MANHOLE POWER POLE MONUMENT SANITARY SEWER MANHOLE WATER METER CATCH BASIN JUNCTION BOX TYPE 1,2 SIGNAL CONTROLLER CABINET TREE CRUSHED GRAVEL CEMENT CONC. PAVEMENT VEGETATION FENCELINE ROW LIMITS (SURVEY) ROW LIMITS (GIS) PROPOSED: SD CEMENT CONCRETE PAVEMENT GRAVEL/ CSTC FULL DEPTH HMA PAVEMENT DETECTABLE WARNING SURFACE SAWCUT LINE DRAINAGE STRUCTURE STORM SEWER PIPE STORM DRAINAGE STRUCTURE LABEL INLET PROTECTION PER WSDOT STD PLAN 1-40.20 S 119TH ST CROSSING PUBLIC' WORKS DEFT_ *ENGINEERING *STREETS *WATER* SEWER* designed drawn checked proj eng proj dir field bk no by MKE MKE BMC date 04/23 04/23 04/23 KPG PS OMAS Seattle 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 206.286.1640 Tacoma 1 Wenatchee I KPG.com BID DOCUMENTS SCHEDULE B- S 119TH ST BRIDGE/ 42ND AVE S RAISED CROSSWALK AND RRFB COVER 20 26 file no 9TUK000-COV.DWG scale no date revisions 2/17/23 / y11LAk oJ�4 Nr„MONTHLY CONSTRUCTION 1 °ram••= ,90t. ESTIMATE KPG PSOMAS Project: Contractor: Address: Owner: Pay Period: 2023 Overlay Program Lakeside Industries, Inc. 6505 226th PI SE STE 200 Issaquah, WA, 98027-9805 City of Tukwila 1-Dec-23 to Date: Estimate No: City Project No.: City Contract No.: Original Contract Amount: 30-Mar-24 Current Authorized Amount: 3/8/2024 6 - Final 82310401, 92210301 23-112 $ 1,296,481.50 $ 1,296,481.50 City Budget Nos.: PREVIOUS AMOUNT TOTAL DUE THIS ESTIMATE TOTAL AMOUNT TO DATE A. Schedule A Items (see attached) $923,818.03 $1,050.00 $924,868.03 B. Schedule B Items (see attached) $145,408.72 $27,761.84 $173,170.56 C. Total Contract Amount Due $1,069,226.75 $28,811.84 $1,098,038.59 D. Retainage (None - Bond #107847235) $0.00 $0.00 $0.00 E. Amount Due Contractor (C - D) $1,069,226.75 $28,811.84 $1,098,038.59 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT ESTIMATE; THAT THE WORK WAS ACTUALLY PERFORMED AND MATERIAL FURNISHED; AND THAT THE AMOUNT IS JUST AND DUE ME. I HAVE REVIEWED THIS ESTIMATE, APPROVED: BELIEVE IT TO BE TRUE AND CORRECT AND RECOMMEND PAYMENT OF THE AMOUNT SHOWN. A Lakeside Industries, Inc. Date KPG Psomas City of Tukwila 48 File: 2023 Overlay PE_#6-Final.xlsx - Tab: Signature Summary CONTRACT INFORMATION ESTIMATE INFORMATION SCHEDULE INFORMATION 2023 Overlay Program PAY APPLICATION START DATE 12/1/2023 INITIAL CONTRACT TIME 60 �� �Jr'YlIIA PAY APPLICATION END DATE 3/30/2024 ESTIMATE No. 6 - Final CHANGE ORDER DAYS 0 p Contractor: Lakeside Industries, Inc. ORIGINAL CONTRACT AMOUNT ($): $1,296,481.50 AUTHORIZED CONTRACT TIME 60 COT Proj No.: 82310401, 92210301 CHANGE ORDER ADJUSTMENT ($): $0.00 P M 4 ~ � r KPG Proj No.: 9TUK101400 TOTAL UNCUMBERED AMOUNT ($): $1,296,481.50 :': Total Previous Pay Estimate 06 Item No. Description Plan Quantity Units Unit Price Contract Total Previous Qty Previous Cost Qty Cost Qty to Date Cost to Date Percent Complete to Date SCHEDULE A - 2023 ANNUAL OVERLAY & REPAIR PROGRAM ROADWAY IMPROVEMENTS (Yellow Shading - Common Costs) Al UNEXPECTED SITE CHANGES 1 FA $ 55,500.00 $55,500.00 0.12 6,643.77 $0.00 0.12 $6,643.77 11.97% A3 RESOLUTION OF UTILITY CONFLICTS 1 FA $ 6,000.00 $6,000.00 0.00 0.00 $0.00 0.00 $0.00 0.00% A4 SPCC PLAN 1 LS $ 550.00 $550.00 1.00 550.00 $0.00 1.00 $550.00 100.00% A5 MOBILIZATION 1 LS $ 94,000.00 $94,000.00 1.00 94,000.00 $0.00 1.00 $94,000.00 100.00% A6 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $ 140,500.00 $140,500.00 1.00 140,500.00 $0.00 1.00 $140,500.00 100.00% A24 EROSION & WATER POLLUTION CONTROL 1 FA $ 10,750.00 $10,750.00 0.00 0.00_ $0.00 0.00 $0.00 0.00% A7 ASPHALT PAVEMENT REMOVAL INC. HAUL 220 SY $ 65.00 $14,300.00 482.66 31,372.90 $0.00 482.66 $31,372.90 219.39% Al REMOVAL OF STRUCTURES & OBSTRUCTION 1 LS $ 7,500.00 $7,500.00 1.00 7,500.00 $0.00 1.00 $7,500.00 100.00% All ASPHALT PAVEMENT PLANING & REUSE 4090 SY $ 6.00 $24,540.00 0.00 0.00 $0.00 0.00 $0.00 0.00% Al2 ROADWAY EXCAVATION INCL. HAUL 90 CY $ 125.00 $11,250.00 0.00 0.00 $0.00 0.00 $0.00 0.00% A13 CRUSHED SURFACING TOP COURSE 640 TN $ 100.00 $64,000.00 258.89 25,889.00 $0.00 258.89 $25,889.00 40.45% A14 PAVEMENT REPAIR EXCAVATION INCL. HAUL 50 CY $ 150.00 $7,500.00 0.00 0.00 $0.00 0.00 $0.00 0.00% A15 HMA CL. 1/2" PG 58H-22 2340 TN $ 125.00 $292,500.00 2369.52 296,190.00 $0.00 2369.52 $296,190.00 101.26% A16 HMA FOR PAVEMENT REPAIR CL 1/2" PG 58H-22 100 TN $ 150.00 $15,000.00 113.79 17,068.50 $0.00 113.79 $17,068.50 113.79% A17 TEMPORARY PAVEMENT 180 TN $ 100.00 $18,000.00 0.00 0.00 $0.00 0.00 $0.00 0.00% A18 THICKENED EDGE 2630 LF $ 1.50 $3,945.00 3130.70 4,696.05 $0.00 3130.70 $4,696.0500 119.04% A19 PLANING BITUMINOUS PAVEMENT 14630 SY $ 5.50 $80,465.00 17793.15 97,862.33 $0.00 17793.15 $97,862.33 121.62% A20 ADJUST MANHOLE 14 EA $ 670.00 $9,380.00 14.00 9,380.00 $0.00 14.00 $9,380.00 100.00% A21 ADJUST CATCH BASIN 41 EA $ 670.00 $27,470.00 13.00 8,710.00 $0.00 13.00 $8,710.00 31.71% A22 ADJUST WATER VALVE 11 EA $ 495.00 $5,445.00 9.00 4,455.00 $0.00 9.00 $4,455.00 81.82% A23 ADJUST WATER METER BOX 6 EA $ 670.00 $4,020.00 0.00 0.00 $0.00 0.00 $0.00 0.00% A25 INLET PROTECTION 57 EA $ 85.00 $4,845.00 57.00 4,845.00 $0.00 57.00 $4,845.00 100.00% A29 WHEEL STOP 21 EA $ 220.00 $4,620.00 21.00 4,620.00 $0.00 21.00 $4,620.00 100.00% A30 ADJUST MONUMENT CASE & COVER 1 EA $ 495.00 $495.00 1.00 495.00 $0.00 1.00 $495.00 100.00% A35 ADJUST JUNCTION BOX 1 EA $ 555.00 $555.00 0.00 0.00 $0.00 0.00 $0.00 0.00% CO - XX Place Holder $ 0.00 $0.00 0.00 0.00 $0.00 0.00 $0.00 ;RANGE TOTAL $0.00 $0.00 Subtotal Roadway Improvements $903,130.00 $754,777.55 $0.00 Sales Tax Roadway Improvements (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Roadway Improvements $903,130.00 $754,777.55 $0.00 SIDEWALKS A2 ADA FEATURES SURVEYING 1 LS $ 4,400.00 $4,400.00 1.00 $4400.00 $0.00 1.00 $4,400.00 100.00% A8 CEMENT CONC. CURB REMOVAL INCL. HAUL 580 LF $ 29.00 $16,820.00 408.20 $11837.80 $0.00 408.20 $11,837.80 70.38% A9 CEMENT CONC. SIDEWALK REMOVAL INCL. HAUL 340 SY $ 57.00 $19,380.00 350.46 $19976.22 $0.00 350.46 $19,976.22 103.08% A26 CEMENT CONC. CURB & GUTTER 480 LF $ 46.00 $22,080.00 570.00 $26220.00 $0.00 570.00 $26,220.00 118.75% A27 CEMENT CONC. DRIVEWAY 100 SY $ 94.00 $9,400.00 44.26 $4160.44 $0.00 44.26 $4,160.44 44.26% 49 .6 Item No. Description Plan. Quantty Units Unit Price Contract Total Previous Qty Previous Cost Qty Cost Qty to Date Cost to Date Percent Complete to Date A28 CEMENT CONC. DRIVEWAY ENTRANCE 30 SY $ 110.00 $3,300.00 11.66 $1282.60 $0.00 11.66 $1,282.60 38.87% A31 CEMENT CONC. SIDEWALK 310 SY $ 83.00 $25,730.00 313.23 $25998.09 $0.00 313.23 $25,998.09 101.04% A32 CEMENT CONC. CURB RAMP TYPE PARALLEL 4 EA $ 3,300.00 $13,200.00 4.00 $13200.00 $0.00 4.00 $13,200.00 100.00% A33 CEMENT CONC. CURB RAMP TYPE PERPENDICULAR A 1 EA $ 3,300.00 $3,300.00 1.00 $3300.00 $0.00 1.00 $3,300.00 100.00% A34 CEMENT CONC. CURB RAMP TYPE SINGLE DIRECTION A 1 EA $ 3,300.00 $3,300.00 II 1.00 $3300.00 $0.00 1.00 $3,300.00 100.00% CO - XX Place Holder $ 0.00 $0.00_ 0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Sidewalks $120,910.00 $113,675.15 $0.00 Sales Tax Sidewalks (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Sidewalks $120,910.00 $113,675.15 $0.00 TRAFFIC CONTROL DEVICES A36 SPEED CUSHION 3 EA $ 3,800.00 $11,400.00 3.00 $11400.00 $0.00 3.00 $11,400.00 100.00% A37 RAISED PAVEMENT MARKER TYPE 1 102 EA $ 4.25 $433.50 106.00 $450.50 $0.00 106.00 $450.50 103.92% A38 RAISED PAVEMENT MARKER TYPE 2 14 EA $ 8.25 $115.50 16.00 $132.00 $0.00 16.00 $132.00 114.29% A39 PERMANENT SIGNING 1 LS $ 19,600.00 $19,600.00, 1.00 $19600.00 $0.00 1.00 $19,600.00 100.00% A40 PLASTIC SHARED LANE SYMBOL 6 EA $ 357.00 $2,142.00 6.00 $2142.00 $0.00 6.00 $2,142.00 100.00% A41 PLASTIC STOP LINE 106 LF $ 10.50 $1,113.00, 144.00 $1512.00 $0.00 144.00 $1,512.00 135.85% A42 PLASTIC CROSSWALK LINE 210 SF $ 6.50 $1,365.00 906.00 $5889.00 $0.00 906.00 $5,889.00 431.43% A43 A43 PLASTIC LINE, 41N 1010 LF $ 2.35 $2,373.50 0.00 $0.00 $0.00 0.00 $0.00 0.00% A44 A44 PAINT LINE, 41N 3680 LF $ 0.85 $3,128.00 4471.00 $3800.35 $0.00 4471.00 $3,800.35 121.49% A45 A45 PAINTED ACCESS PARKING SYMBOL SPACE 1 EA $ 110.00 $110.00 1 2.00 $220.00 $0.00 2.00 $220.00 200.00% A46 A46 TEMPORARY PAVEMENT MARKINGS 2680 LF $ 0.90 $2,412.00 2577.20 $2319.48 $0.00 2577.20 $2,319.48 96.16% CO - XX Place Holder $ 0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 CHANGE TOTAI $0.00 $0.00 $0.00 Subtotal Traffic Control Devices $44,192.50 $47465.33 $0.00 Sales Tax Traffic Control Devices (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Traffic Control Devices $44,192.50 $47465.33 $0.00 PROPERTY RESTORATION A47 PROPERTY RESTORATION 1 FA $ 13,500.00 $13,500.00 0.00 $0.00 $0.00 0.00 $0.00 0.00% A48 BLACK VINYL COATED CHAIN LINK FENCE 20 LF $ 395.00 $7,900.00 20.00 $7900.00 $0.00 20.00 $7,900.00 100.00% CO - XX Place Holder $ 0.00 $0.00[ 0.00 $0.00 $0.00 0.00 $0.00 CHANGE TOTAL $0.00 $0.00 $0.00 Subtotal Property Restoration $21,400.00 $7900.00 $0.00 Sales Tax Roadside Development (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Property Restoration $21,400.00 $7900.00 $0.00 FRANCHISE UTILITY ITEMS A49 ADJUST GAS VALVE 2 EA $ 495.00 $990.00 0.00 $0.00 $0.00 0.00 $0.00 0.00% CO - XX Place Holder $ 0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 'MANGE T $0.00 $0.00 $0.00 Subtotal Franchise Utility Items $990.00 $0.00 $0.00 Sales Tax Franchise Utility Items(N/A Rule 171) $0.00 S0.00 50.00 Net Payment Franchise Utility Items $990.00 $0.00 $0.00 Totals (Schedule A - Rule 171 - All Taxes Included) $1,090,622.50 $923,818.03 $0.00 $923,818.03 50 Item No. Description Plan Quantity Units Unit Price Contract Total Previous Previous Cost Qty Qty Cost Qty to Date Cost to Date Percent Complete to Date SCHEDULE B- S 119TH ST BRIDGE/42ND AVE S RAISED CROSSWALK AND RRFB ROADWAY IMPROVEMENTS B6 REMOVAL OF STRUCTURES & OBSTRUCTION 1 LS $ 16,000.00 $16,000.00 1.00 $16000.00 $0.00 1.00 $16,000.00 100.00% B7 ROADWAY EXCAVATION INCL. HAUL 70 CY $ 125.00 $8,750.00 35.81 $4476.25 $0.00 35.81 $4,476.25 51.16% B8 CRUSHED SURFACING TOP COURSE 45 TN $ 115.00 $5,175.00 38.74 $4455.10 $0.00 38.74 $4,455.10 86.09% B9 HMA CL. 1/2" PG 58H-22 33 TN $ 175.00 $5,775.00 64.45 $11278.75 $0.00 64.45 $11,278.75 195.30% B10 CEMENT CONCRETE PAVEMENT 20 CY $ 825.00 $16,500.00 13.44 $11088.00 $0.00 13.44 $11,088.00 67.20% B11 MODIFY EXISTING STORM DRAINAGE SYSTEM 1 LS $ 12,750.00 $12,750.00 0.42 $5350.00 $0.00 0.42 $5,350.00 41.96% B27 RESOLUTION OF UTILITY CONFLICTS 1 LS $ 2,750.00 $2,750.00 1.00 $2750.00 $0.00 1.00 $2,750.00 100.00% CO - XX Place Holder $ 0.00 $0.001 0.00 $0.00 $0.00 0.00 $0.00 „HANGt W U I / $0.00 $0.00 $0.00 Subtotal Roadway Improvements $67,700.00 $55,398.10 $0.00 Sales Tax Roadway Improvements (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Roadway Improvements $67,700.00 $55,398.10 $0.00 SIDEWALKS (Yellow Shading - Common Costs) B1 UNEXPECTED SITE CHANGES 1 FA $ 5,000.00 $5,000.00 0.01 $67.20 $0.00 0.01 $67.20 1.34% B2 CONSTRUCTION SURVEYING 1 LS $ 2,200.00 $2,200.00 1.00 $2200.00 $0.00 1.00 $2,200.00 100.00% B3 SPCC PLAN 1 LS $ 550.00 $550.00 1.00 $550.00 $0.00 1.00 $550.00 100.00% B4 MOBILIZATION 1 LS $ 20,000.00 $20,000.00 1.00 $20000.00 $0.00 1.00 $20,000.00 100.00% B5 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $ 32,500.00 $32,500.00 1.00 $32500.00 $0.00 1.00 $32,500.00 100.00% B12 EROSION CONTROL & WATER POLLUTION PREVENTION 1 FA $ 7,500.00 $7,500.00 0.00 $0.00 $0.00 0.00 $0.00 0.00% B13 INLET PROTECTION 2 EA $ 85.00 $170.00 2.00 $170.00 $0.00 2.00 $170.00 100.00% B15 CEMENT CONC. TRAFFIC CURB & GUTTER 60 LF $ 72.00 $4,320.00 96.00 $6912.00 $0.00 96.00 $6,912.00 160.00% B16 CEMENT CONC. TRAFFIC CURB 50 LF $ 72.00 $3,600.00 1 44.00 $3168.00 $0.00 44.00 $3,168.00 88.00% B17 CEMENT CONC. DRIVEWAY ENTRANCE 20 SY $ 138.00 $2,760.00 25.55' $3525.90 $0.00 25.55 $3,525.90 127.75% B20 CEMENT CONC. SIDEWALK 50 SY $ 83.00 $4,150.00 62.69 $5203.27 $0.00 62.69 $5,203.27 125.38% B25 BOLLARDS 2 EA $ 1,650.00 $3,300.001 0.00 $0.00 $0.00 0.00 $0.00 0.00% B26 METAL SAFTEY RAILING 50 LF $ 315.00 $15,750.00 40.00 $12600.00 $0.00 40.00 $12,600.00 80.00% CO - XX Place Holder $ 0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 'CHANGE TOTAL $0.00 $0.00 $0.00 Subtotal Sidewalks $101,800.00 $86,896.37 $0.00 Sales Tax Sidewalks (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Sidewalks $101,800.00 $86,896.37 $0.00 TRAFFIC CONTROL DEVICES B18 RPM,TYPE 1 32 EA $ 4.25 $136.00 24.00 $102.00 $0.00 24.00 $102.00 75.00% B19 RPM,TYPE 2 4 EA $ 8.25 $33.00 13.00 $107.25 $0.00 13.00 $107.25 325.00% B22 PERMANENT SIGNING 1 LS $ 1,900.00 $1,900.00 1.00 $1900.00 $0.00 1.00 $1,900.00 100.00% B23 PLASTIC CROSSWALK LINE 80 SF $ 6.50 $520.00 70.00 $455.00 $0.00 70.00 $455.00 87.50% B24 PLASTIC YIELD LINE SYMBOL 14 EA $ 55.00 $770.00 10.00 $550.00 $0.00 10.00 $550.00 71.43% CO - XX Place Holder $ 0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.0t, $0.00 $0.00 Subtotal Traffic Control Devices $3,359.00 $3,114.25 $0.00 Sales Tax Traffic Control Devices (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Traffic Control Devices $3,359.00 $3,114.25 $0.00 51 Item No. Description Plan Quantity Units Unit Price Contract Total Previous Previous Cost Qty Qty Cost Qty to Date Cost to Date Percent Complete to Date TRAFFIC SIGNALS B21 SOLAR POWERED RRFB SYSTEM, COMPLETE 1 LS $ 27,500.00 $27,500.00[ 0.00 $0.00 1.00 $27500.00 1.00 $27,500.00 100.00% CO - XX Place Holder $ 0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Traffic Signals $27,500.00 $0.00 $27,500.00 Sales Tax Traffic Signals (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Traffic Signals $27,500.00 $0.00 $27,500.00 PROPERTY RESTORATION B14 PROPERTY RESTORATION 1 FA $ 5,500.00 $5,500.00 I 0.00 $0.00 ' 0.05 $261.84 0.05 $261.84 4.76% CO - XX Place Holder $ 0.00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 $0.00 Subtotal Property Restoration $5,500.00 $0.00 $261.84 $0.00 Sales Tax Property Restoration (N/A Rule 171) $0.00 $0.00 $0.00 Net Payment Property Restoration $5,500.00 $0.00 $261.84 Totals (Schedule B - Rule 171 - All Taxes Included) $205,859.00 $145,408.72 $27,761.84 $173,170.56 Totals (Schedule A&B) $1,296,481.50 $1,069,226.75 $27,761.84 $1,096,988.59 52 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: David Baus, Project Manager CC: Mayor Thomas McLeod DATE: April 19, 2024 SUBJECT: 2024 Annual Overlay Project Project No. 82410401 Construction Bid Award ISSUE Approve construction bid award with ICON Materials for the 2024 Annual Overlay Project. BACKGROUND In 2023, the City contracted with KPG Psomas as the design consultant for the 2024 Annual Overlay Project under Contract No. 23-165. This project is part of an ongoing mission to preserve and maintain the street structure in a safe and useable state by resurfacing before failure which also minimizes costs. DISCUSSION A call for bids was advertised for the 2024 Annual Overlay Project on March 25 and April 1 2024. Four bids were opened on April 9, 2024, and the confirmed lowest bidder was ICON Materials with a bid of $1,040,012.00. The engineer's estimate was $1,060,000.00. FINANCIAL IMPACT Construction costs associated with the 2024 Annual Overlay Project is 100% funded by the Arterial Streets (104). The city has funding for the $94,013.20 overage and will be paid for by leftover money from the 2023 Overlay Project. Additionally the city has applied for a grant through TIB for $400,000 that if awarded will be used for construction costs. Contract 1,040,012.00 Contingency — 10% $104,001.20 Total $1,144,013.20 24 CIP Budget $1,050,000.00 2023 addtl funds $94,013.20 $1,144,013.20 RECOMMENDATION Council is being asked to approve the construction award with ICON Materials in the amount of $1,040,012.00 (Plus contingency) for the 2024 Annual Overlay Project and consider this item on the Consent Agenda at the May 6, 2024 Regular meeting. Attachments: 2023 CIP, Page 12 ICON Materials Contract Bid Tabulation 53 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Overlay and Repair Program Project No. 80010401 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) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 316 150 150 150 150 150 150 150 150 1,516 Land (R/W) 0 Const. Mgmt. 43 200 200 200 200 200 200 200 200 1,643 Construction 970 1,050 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,820 TOTAL EXPENSES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Solid Waste Utility Tax 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 TOTAL SOURCES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 2023 - 2028 Capital Improvement Program ® GLGIIBi- "'" 514 2024 OVERLAY PROGRAM City of Tukwila Public Works Department CONTRACT PROVISIONS FOR 2024 OVERLAY PROGRAM Project No. 82410401 Bid Document MARCH 2024 Prepared for: CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 Prepared by: KPG P S O M A S 3131 Elliot Avenue, Suite 400 Seattle, WA 98121 206.286.1640 www.kpg.com CPM Development Corporation DBA ICON Materials MARCH 6g4 2024 OVERLAY PROGRAM CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 Tukwila City Council Members Mohamed Abdi - President Tosh Sharp Armen Papyan Hannah Hedrick Dennis Martinez Jovita McConnell De'Sean Quinn City Administration Thomas McLeod, Mayor Marty Wine, City Administrator Andy Youn, City Clerk Hari Ponnekanti, P.E., Director of Public Works City Engineer Hari Ponnekanti, P.E. Consulting Engineer KPG PSOMAS 3131 E:Lo; Arrnue., CAP 400 Sezttle, N4 98121 206.286 1640 w H^w.4pg.co n Approved for construction by: Hari Ponnekanti, P.E., Director of Public Works Bryan Still, Street Department Operations Manager Signature Date • 4._ CPM Development Corporation DBA ICON Materials 2024 OVERLAY PROGRAM MARCH 2026�K TABLE OF CONTENTS Call for Bids Information for Bidders Page 1-1 1-2 Proposal P-1 Bid Schedule P-2 Proposal Signature Sheet P-7 Bid Security P-9 Non -Collusion Declaration P-10 Responsible Bidder Determination Form P-11 Proposed Equipment and Labor Schedule P-15 Proposed Subcontractors P-16 Agreement Form Payment and Performance Bond Special Provisions Appendices A Standard Plans and Details B Prevailing Wage Rates C Standard City Forms 2024 OVERLAY PROGRAM CPM Development Corporation DBA ICON Materials C-1 C-2 SP-1 MARCH O 4 Information for Bidders 1-1 CITY OF TUKWILA CALL FOR BIDS NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Tukwila; Washington at the Office of the City Clerk, at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington 98188, up to the hour of 9:30 a.m. on Tuesday, April 9. Bids will be opened and publicly read aloud at 10:00 a.m. on that same day; Tuesday, April 9; 2024. Bids can be mailed to Tukwila City Hall and must be received by 9:30 a.m. the day the bids are due OR dropped off on Tuesday morning. A box will also be located outside the double doors at Tukwila City Hall near the flagpole for receipt of bids on the day of the bid opening from 8:30 a.m. to 9:30 a.m. Bids will be picked up, with the last pickup being at exactly 9:31 a.m. on Tuesday April 9, 2024 based on the Atomic Clock in the City's Clerk's Office. Bids will be opened and publicly read aloud; via Microsoft Teams; by dialing (253) 292-9750, Conference ID#: 311 619 545# at 10:00 a.m. on Tuesday April 9, 2024 for: 2024 OVERLAY PROGRAM PROJECT NO. 82410401 The work to be performed within 40 working days from the date of Notice to Proceed consists of furnishing all materials, equipment; tools; labor, and other work or items incidental thereto for: The 2024 Overlay Program will include Hot Mix Asphalt (HMA) Overlay at several sites, all within the City of Tukwila. Specific tasks shall include, but are not necessarily limited to: Paving with HMA, planing bituminous pavement, and pavement repairs; reshaping existing roadbase to improvement roadway drainage; Adjusting surface utilities to grade; installing drainage modifications; installing newchannelization and signage; Removing and replacing concrete curbs, sidewalks, driveways, and ramps; Providing all necessary traffic control labor and devices; And, other items necessary to complete the Work as shown on the Contract Documents. Proposals received later than the submittal deadline will not be accepted. The City will not be liable for delays in delivery of proposals due to handling by the U.S. Postal Service or any other type of delivery service. Faxed or emailed submittals will not be accepted. Each bid shall be in accordance with the bid documents available free of charge on-line through Builders Exchange of Washington; Inc. at http://www.bxwa.com. Click on: "bxwa.com", "Posted Projects"; Public Works"; "City of Tukwila", and "Project Bidding". Bidders are encouraged to "Register as a Bidder" in order to receive automatic e-mail notification of addenda and to be placed on the "Bidders List". This service is provided free of charge to Prime Bidders, Subcontractors and Vendors bidding this project. Contact Builders Exchange of Washington at (425) 258-1303, should you require further assistance. Informational copies of any available maps, plans, specifications; and subsurface information are on file for inspection in the office of the Tukwila City Engineer, at the Public Works Department. All bid proposals shall be submitted according to the Information for Bidders and be accompanied by a bid proposal deposit in the form of a cash deposit, certified or cashier's check, postal money order, or surety bond made payable to the City of Tukwila, for a sum not less than five percent (5%) of the amount of such bid, including sales tax. Should the successful bidder fail to enter into such contract and furnish satisfactory payment and performance bonds within the time stated in the specifications, the bid deposit/bond shall be forfeited to the City of Tukwila. The City of Tukwila hereby notifies all bidders that it will affirmatively ensure that in any contracts entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race; color, sex or national origin in consideration for an award. The City reserves the right to reject any and all bids or waive any informalities in the bidding and make the award as deemed to be in the best interest of the City. Project Manager. David.Baust tukwilawa.gov Published Seattle Times: March 25; 2024 and April 1, 2024 Published Daily Journal: March 25, 2024 and April 1; 2024 CPM Development Corporation DBA ICON Materials 2024 OVERLAY PROGRAM MARCH 202458 Information for Bidders 1-2 INFORMATION FOR BIDDERS The following supplements the information in the Call for Bids: 1. Pre -Bid Conference A pre -bid conference will not be held for this project. 2. Examination of Plans, Specifications, and Site Before submitting his bid, the Contractor shall carefully examine each component of the Bid Documents prepared for the Work and any other available supporting data so as to be thoroughly familiar with all the requirements. However, the Owner or Consulting Engineer will not assume responsibility for variations of subsoil quality or condition at locations other than places shown and at the time investigation was made (if any). The availability of this information shall not relieve the Bidder of his duty to examine the project site nor of any other responsibility under the Contract. The Bidder shall make an alert, heads -up, eyes -open reasonable examination of the project site and conditions under which the Work is to be performed, including but not limited to: current site topography, soil and moisture conditions; underground obstructions; the obstacles and character of materials which may be encountered; traffic conditions; public and private utilities; the availability and cost of labor; and available facilities for transportation, handling, and storage of materials and equipment. Failure to become familiar with the site conditions prior to the bid shall void the contractor from future claims or changes due to site conditions. See Section 1-05.14 of the Special Provisions for identification of any other work that is to be performed on or near the project site by others. 3. Property Issues — Permits, Easements, Licenses to Construct All bidders shall base their bids upon full restoration of all property within the right-of-way and easements, and wherever Bidder will have 'license to construct'. The easements and license to construct documents that have been acquired are available for inspection and review. The Bidder is advised to review the conditions of the permits, easements, and licenses to construct, as he shall be required to comply with all conditions at no additional cost to the Owner. All other permits, licenses, etc., shall be the responsibility of the Bidder. The Bidder shall comply with the requirements of each. 4. Interpretation of Bid Documents The Bidder shall promptly notify Owner of any discovered conflicts, ambiguities, or discrepancies in or between, or omissions from the Bid Documents. Questions or comments about these Bid Documents should be directed via email submission to the attention of: David Baus, David.Bausatukwilawa.gov and Bryce Corrigan P.E., Bryce.corricon@psomas.com. Questions received less than three (3) days prior to the date of bid opening may not be answered. Any interpretation or correction of the Bid Documents will be made only by addendum, and a copy of such addendum will posted to the BXWA project site for download by the prospective bidder. The Owner will not be responsible for any other explanations or interpretations of the Bid Documents. No oral interpretations of any provision in the Bid Documents will be made to any Bidder. 5. Special Schedule Considerations/Sequencing of Work 2024 OVERLAY PROGRAM CPM Development Corporation DBE', ICON Materials MARCH 2O2b9 Information for Bidders 1-3 • The Contractor shall provide a minimum of 72 hours advance notice to adjacent property owners in the event that the Contractor's operation will imped driveway access. • Contractor shall provide temporary traffic control, driveway access, safe access for pedestrians, and appropriate signing during construction • Driveways shall be accessible and usable by adjacent residents at the close of each day. • Contractor shall sequence and control work activities such that work shall not be performed at more than two work sites at any given time except as approved by the Engineer. All locations must have full coverage inspection. 6. Wages Washington State Prevailing Wage rates apply to this project. The Owner requires strict adherence to, and will monitor compliance with, applicable waqe rates. Weekly Certified Payrolls are required. All Contractors are responsible for payment of prevailing wages to all "workers employed directly upon the site of the work" under the contract. All Contractors shall provide weekly certified payroll reports that are complete and comply with State law and the conditions set out in the Contract Documents. The Contractor is also responsible for the compliance to the above requirements of all Subcontractors and Sub -Subcontractors. All contractors shall complete and provide all Owner required documentation and forms. Non-compliance with the above requirements will result in denial of the Contractor's application for payment. No exceptions will be made. 7. State Sales Tax (see also APWA GSP 1-07.2 in Special Provisions) The work on this contract is to be performed upon lands whose ownership obligates the Contractor to pay State sales tax. The Contractor shall include Washington State retail sales taxes in the various unit and lump sum bid prices of the contract, in compliance with State Department of Revenue Rule 171. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used or consumed in doing the work. All tax payments shall be based on actual quantities used, regardless of quantities stated in the Proposal. 8. Bidding Checklist All bids shall be submitted on the exact forms provided in these Bid Documents, and listed below. Failure to submit any of these forms is grounds for rejection of the bid. The only exception is if the bidder follows the directions for Bids Submitted on Computer Printouts, following the bid proposal forms. Sealed bids for this proposal shall be submitted as specified in the Call for Bids. Each bid must be submitted in a sealed envelope bearing on the outside the name and address of the Bidder, and must be clearly marked with the name and number of the project for which the bid is submitted: BID FOR 2024 OVERLAY PROGRAM All bids will remain subject to acceptance for ninety (90) days after the day of the bid opening. a. Proposal — Bidders must bid on all items contained in the Proposal. The omission or deletion of any bid item will be considered nonresponsive and shall be cause for rejection of the bid. 2024 OVERLAY PROGRAM CPM Development Corporation DBA ICON Materials MARCH 202,60 Information for Bidders 1-4 b. Bid Security/Bid Bond — Bid Bond is to be executed by the Bidder and the surety company unless bid is accompanied by a cash deposit, certified or cashier's check, or postal money order. The amount of this security/bond shall be not less than five percent (5%) of the total bid, including sales tax, if applicable, and may be shown in dollars. Surety must be authorized to do business in the State of Washington, and must be on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. The Bid Security form included in these Contract Provisions MUST be used; no substitute will be accepted. If an attorney -in -fact signs bond, a certified and effectively dated copy of their Power of Attorney must accompany the bond. The deposit of the successful Bidder will be returned provided Bidder executes the Agreement, furnishes satisfactory Payment and Performance Bond covering the full amount of work, and provides evidence of insurance coverage, within ten (10) days after Notice of Award. Should Bidder fail or refuse to do so, the Bid Deposit or Bond shall be forfeited to the City of Tukwila as liquidated damages for such failure. The Owner reserves the right to retain the security of the three (3) lowest bidders until the successful Bidder has executed the Agreement and furnished the bond. c. Non -Collusion Affidavit — Must be filled in, signed, and notarized. d. Responsible Bidder Determination Form e. Proposed Equipment and Labor Schedule f. Proposed Subcontractors, if required Regarding forms d, e, and f, the Owner reserves the right to check all statements and to judge the adequacy of the Bidder's qualifications, and to reject Bidder as not responsible based on this information. 9. Contract Checklist The following forms are to be executed by the successful Bidder after the Contract is awarded. The Agreement and Payment and Performance Bond are included in these Bid Documents and should be carefully examined by the Bidder. a. Agreement — Two (2) copies to be executed by the successful Bidder. b. Payment and Performance Bond — Two (2) copies to be executed by the successful Bidder and its surety company. This bond covers successful completion of all work and payment of all laborers, subcontractors, suppliers, etc. The bond continues in effect at ten percent (10%) of the total price bid for one year after final acceptance of the Work. The bond form included in these Bid Documents MUST be used; no substitute will be accepted. If an Attorney -in -fact signs bond, a certified and effectively dated copy of their Power of Attorney must accompany the bond. c. Certificates of Insurance — To be executed by an insurance company acceptable to the Owner, on ACORD Forms. Required coverages are listed in Section 1-07.18 of the Special 2024 OVERLAY PROGRAM CPM Development Corporation DBA ICON Materials MARCH 2O241 Information for Bidders 1-5 Provisions (APWA GSP). The Owner and Consulting Engineer retained by Owner shall be named as "Additional Insureds" on the insurance policies. The above bid and contract documents must be executed by the Contractor's President or Vice - President if a corporation, or by a partner if a partnership. In the event another person has been duly authorized to execute contracts, a copy of the resolution or other minutes establishing this authority must be attached to the Proposal and Agreement documents. CPM Development Corporation DBA ICON Materials 2024 OVERLAY PROGRAM MARCH 20262 P-1 PROPOSAL (unit price) Contractor's Name CPM Development Corporation DBA ICON Materials Contractor's State License No. ICONM••982CF City of Tukwila Project Nos. 82410401 To the Mayor and City Council City of Tukwila, Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled 2024 OVERLAY PROGRAM, which consists of, but is not limited to Hot Mix Asphalt (HMA) overlay of several sites including planing bituminous pavement, grinding and reuse of asphalt pavement, removing pavement and pavement repairs, installation of concrete curbs, sidewalks, driveways and ramps, adjustment of junction boxes, signal modification including replacement of induction loops, adjusting surface utilities to grade, installing new channelization and signage, providing all necessary traffic control labor and devices; the work shall include providing temporary erosion/water pollution control and other items necessary to complete the Work as shown on the Contract Documents; and has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (check one) bid bond or 0 cash, 0 cashier's check, 0 certified check, or 0 postal money order made payable to the City of Tukwila equal to five percent (5%) of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required Payment and Performance Bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Physical Completion of all Work in all respects within Forty (40) working days from the date stated in the written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every working day work is not Physically Complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. 2024 OVERLAY PROGRAM - Addendum #1 Marche 4 P-2 2024 Annual Overlay & Repair Program City of Tukwila Project No. 82410401 Note: Unit prices for all items, all extensions. and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. App icable sales tax shall be included in the various unit and lump sum prices, per section 1-07.2(1) and WAC 458-20-171. Item No. Item Description Qty Unit Unit Price Amount SCHEDULE A ROA DWAY 1 UNEXPECTED SITE CHANGES 1 FA $35,000.00 $35,000.00 2 ADA FEATURES SURVEYING 1 LS $3,900.00 $3,900.00 3 RESOLUTION OF UTILITY CONFLICTS 1 FA $10,000.00 $10,000.00 4 SPCC PLAN 1 LS $174.00 $174.00 5 MOBILIZATION 1 LS $50,000.00 $50,000.00 6 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $63,000.00 $63,000.00 7 ROADSIDE CLEANUP 1 FA $5,000.00 $5,000.00 8 CLEARING AND GRUBBING 1 LS $3,960.00 $3,960.00 9 ASPHALT PAVEMENT REMOVAL INCL. HAUL 150 SY $38.50 $5,775.00 10 CEMENT CONC. CURB REMOVAL INCL. HAUL 370 LF $16.50 $6,105.00 11 CEMENT CONC. SIDEWALK REMOVAL INCL. HAUL 90 SY $57.00 $5,130.00 12 ROADWAY EXCAVATION INCL. HAUL 120 CY $68.00 $8,160.00 13 UNSUITABLE FOUNDATION EXCAVATION INCL. HAUL 200 CY $64.00 $12,800.00 14 CRUSHED SURFACING TOP COURSE 900 TON $50.50 $45,450.00 15 PAVEMENT REPAIR EXCAVATION INCL. HAUL 100 CY $109.00 $10,900.00 16 HMA CL. 1/2" PG 58H-22 2600 TON $121.00 $314,600.00 17 HMA FOR PAVEMENT REPAIR CL. 1/2" PG 58H-22 70 TON $161.00 $11,270.00 18 TEMPORARY PAVEMENT 80 TON $164.00 $13,120.00 19 THICKENED EDGE 380 LF $5.00 $1,900.00 20 PLANING BITUMINOUS PAVEMENT 8350 SY $8.00 $66,800.00 21 STORM DRAIN MARKER 36 EA $31.00 $1,116.00 22 ADJUST MANHOLE 21 EA $754.00 $15,834.00 2024 OVERLAY PROGRAM-Adden1Lem ueveiopi iiCI IL F Corporation 4 ..�-, A innnl ttAn+orinlc Marcha24 P-3 23 ADJUST CATCH BASIN 22 EA $754.00 $16,588.00 24 RECTANGULAR FRAME AND VANED GRATE 11 EA $383.00 $4,213.00 25 ADJUST WATER VALVE 20 EA $540.00 $10,800.00 26 EROSION/WATER POLLUTION CONTROL 1 FA $7,000.00 $7,000.00 27 INLET PROTECTION 37 EA $36.00 $1,332.00 28 CEMENT CONC. CURB AND GUTTER 170 LF $58.00 $9,860.00 29 CEMENT CONC. PEDESTRIAN CURB 80 LF $35.00 $2,800.00 30 CEMENT CONC. EXTRUDED CURB 380 LF $24.00 $9,120.00 31 ADJUST MONUMENT CASE AND COVER 7 EA $540.00 $3,780.00 32 CEMENT CONC. SIDEWALK 50 SY $75.50 $3,775.00 33 CEMENT CONC. CURB RAMP TYPE 4 EA $4,060.00 $16,240.00 34 RAISED PAVEMENT MARKER TYPE 1 48 EA $12.00 $576.00 35 RAISED PAVEMENT MARKER TYPE 2 22 EA $58.00 $1,276.00 36 PERMANENT SIGNING 1 LS $29,000.00 $29,000.00 37 PLASTIC TRAFFIC ARROW 4 EA $348.00 $1,392.00 38 PLASTIC SHARED LANE MARKING 2 EA $348.00 $696.00 39 PLASTIC STOP LINE 100 LF $29.00 $2,900.00 40 PLASTIC LINE, 6 INCH 1290 LF $1.10 $1,419.00 41 PLASTIC LINE, 4 INCH 4110 LF $1.20 $4,932.00 42 PAINT LINE, 4 INCH 3440 LF $1.00 $3,440.00 43 TEMPORARY PAVEMENT MARKINGS 4780 LF $0.40 $1,912.00 44 PROPERTY RESTORATION 1 FA $10,000.00 $10,000.00 45 ADJUST FRANCHISE UTILITY MANHOLENAULT 1 EA $1,740.00 $1,740.00 46 ADJUST GAS VALVE 1 EA $540.00 $540.00 Total Bid Schedule A $ 835,325.00 Note: Determination of low bidder will be based on the 'Total Bid Schedule A'. 2024 OVERLAY PROGRAM — Addendum #1 (,CPM Development 05= Corporation DBA ICON Materials Marcth2B24 P-4 2024 Annual Overlay & Repair Program City of Tukwila Project No. 82410401 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Applicable sales tax shall be included in the various unit and lump sum prices, per section 1-07.2 1) and WAC 458-20-171. Item No. Item Description Qty Unit Unit Price Amount SCHEDULE B - S 114TH ST ROADWAY B1 UNEXPECTED SITE CHANGES 1 FA $5,000.00 $5,000.00 B2 RESOLUTION OF UTILITY CONFLICTS 1 FA $500.00 $500.00 B3 SPCC PLAN 1 LS $198.00 $198.00 B4 MOBILIZATION 1 LS $19,000.00 $19,000.00 B5 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $17,700.00 $17,700.00 B6 ROADSIDE CLEANUP 1 FA $1,000.00 $1,000.00 B7 CLEARING AND GRUBBING 1 LS $1,650.00 $1,650.00 B8 UNSUITABLE FOUNDATION EXCAVATION INCL. HAUL 50 CY $89.00 $4,450.00 B9 CRUSHED SURFACING TOP COURSE 210 TON $116.00 $24,360.00 B10 PAVEMENT REPAIR EXCAVATION INCL. HAUL 25 CY $192.00 $4,800.00 B11 HMA CL. 1/2" PG 58H-22 330 TON $309.00 $101,970.00 B12 HMA FOR PAVEMENT REPAIR CL. 1/2" PG 58H 22 15 TON $254.00 $3,810.00 B13 TEMPORARY PAVEMENT 10 TON $254.00 $2,540.00 B14 PLANING BITUMINOUS PAVEMENT 170 SY $42.00 $7,140.00 B15 STORM DRAIN MARKER 1 EA $25.00 $25.00 B16 ADJUST WATER VALVE 1 EA $614.00 $614.00 B17 EROSIONANATER POLLUTION CONTROL 1 FA $1,500.00 $1,500.00 B18 PERMANENT SIGNING 1 LS $6,600.00 $6,600.00 B19 PLASTIC STOP LINE 10 LF $33.00 $330.00 B20 PROPERTY RESTORATION 1 FA $1,500.00 $1.500.00 Total Bid Schedule B $ 204,687.00 Note: Determination of low bidder will be based on the 'Total Bid Schedule A'. 2024 OVERLAY PROGRAM — Addendum #1 CPM Development Corporation no n IC C N Materials M archg2624 P-5 Bids Submitted on Computer Printouts Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the Bid forms above, may submit an original computer printout sheet with their bid, as long as the following requirements are met: 1. Each sheet of the computer printout must contain the exact same information as shown on the hard - copy bid form — Project Name, Schedule Name, column headings — in the order shown, totals, etc. 2. The computer printout of the Bid Proposal must have the exact certification language shown below, signed by the appropriate officer of the firm. 3. If a computer printout is used, the bidder must still execute that portion of the unit price Bid form which acknowledges the Bid Guaranty, Time of Completion, and all addenda that may have been issued, etc. If any of these things are missing or out of order, the bid may be rejected by the Owner. The unit and lump sum prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the City. In the event of conflict between the two, unit Bid prices will prevail over the extended (Total) prices. If the Bid submitted by the bidder contains both the form on these Bid Proposal sheets, and also a computer printout, completed according to the instructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print-out for all of the bid items contained in this Proposal are the unit and lump sum prices intended and that its Bid will be tabulated using these unit prices and no other information from this print-out. (YOUR FIRM'S NAME) acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total Bid amount will be dete ined by multiplying the unit Bid prices shown in this print-out by the respective e yP%t duantities sho n the Bid form then totaling all of the extended amounts. Signed: Title: Construction Manager Markice erger Date: April 9th, 2024 2024 OVERLAY PROGRAM — Addendum #1 CPM Development Corporation DBA ICON Materials Marct24 DocuSign Envelope ID: 079FF67D-6F05-4384-8F95-7788A9461152 P-6 By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. Date of Receipt Addendum No. 1 3 April 4th, 2024 2 4 Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that Bidder has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The below signed bidder acknowledges that bids must be complete and submitted for the the entire Bid Schedules. Partial or incomplete bids will not be considered. The Basis for determining the lowest responsible bidder shall be the lowest TOTAL BID Schedule A. The City of Tukwila reserves the right to Award only Schdeule A. The City may elect to award Schedule B to the lowest responsible bidder based on available funding at the time of Contract Award. TOTAL BID Schedule A: TOTAL BID Schedule B: $ 835,325. ao $ 204, tn431, 00 Note: Unit prices for all items, all extensions and the total amount of bid must be shown. All entries must be typed or entered in ink. The Surety Company which will furnish the required Payment and Performance Bond is Fidelity & Deposit Company of Maryland of 1299 Zurich Way, Schaumburg, IL 60196-1056 (Name) (Address) Bidder: Signature of Authorized Official: Printed Name and Title: Address: Circle One: CPM Development Corporation DBA ICON Materials (—Docu9gmd Cy: kik, M.d.vwu,tA. -572enmoe1}5.4 Mike McBreen, Vice President 1508 Valentine Ave SE, Pacific, WA 98047-2103 Individual / Partnership / State of Incorporation: Washington Joint Venture / CCorporation Phone No.: (206) 575-3200 Date: 08-Apr-2024 This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co -partnership; give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation; proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity; as applicable; and enter it on the bid form If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. 2024 OVERLAY PROGRAM — Addendum #1 March6024 ADDENDUM NO. 1 City of Tukwila, Washington 2024 Overlay Program Project No: 82410401 DATE OF ADDENDUM ISSUE: April 4, 2024 DATE OF BID OPENING: April 9, 2024 NOTE TO ALL PLANHOLDERS: This Addendum No. 1, containing the following revisions, additions, deletions, and/or clarifications, is hereby made a part of the Plans and Contract Provisions (Contract Documents) for the above -named project. Bidders shall take this Addendum into consideration when preparing and submitting their bids. Bidders shall acknowledge receipt and acceptance of this Addendum No. 1 in the space provided on the Proposal Signature Sheet or by signing in the space provided below and submitting the signed addendum with the bid package. Failure to provide this written acknowledge may result in disqualification of the Bidder's submittal. CONTRACT PROVISIONS 1. Proposal Pages: DELETE Proposal Pages P9 — P21 and REPLACE with the Attached Proposal Pages P1 — P15. 2. Contract Specifications: DELETE Division 10 (SP 87 — SP 96) and REPLACE with the Attached Division 10 (SP 87 — SP 101). 3. Contract Plan Pages: DELETE Pages 16 and 17 and REPLACE with the Attached Pages 16 and 17. ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS REMAIN IN EFFECT. Bidders shall acknowledge receipt and acceptance of this Addendum No. 1 in the space provided on the Proposal Signature Sheet or by signing in the space provided below and submitting the signed addendum with the bid package. Failure to provide this written acknowledge may result in disqualification of the Bidder's submittal. Sincerely, David Baus Project Manager City of Tukwila Receipt acknowledged, and conditions agregd to this 4th day of April , 2024 Bidder Signatre Mark Eichelberger 2024 Overlay Program CPM Development Corporation DBA ICON Materials Addendum No.1 69 DocuSign Envelope ID: 079FF67D-6F05-4384-8F95-7788A9461152 P-7 BID SECURITY Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars ($ ). -OR- Bid Bond: The undersigned, CPM Development Corporation DBA ICON Materials (Principal), and Fidelity & Deposit Company of Maryland (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of Five Percent of Total Bid Amount dollars ($ 5% of Total Amount Bid ), which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not Tess than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for 2024 OVERLAY PROGRAM, Project No. 82410401, according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages. The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice !if any such extension. Signed and dated this 8th day of April , 20 24 CPM Development Corporation DBA ICON Materials Fidelity & Deposit Company of Maryland Principal Surety IDocuSipAned by:' N t.t, kdovu.44' Mike McBreen By - /�1�ACJUy7 b4b4.. �,gnat3ure of Authorized Official Vice President Title Name and address of local office of agent and/or Surety Company: Kristin Portillo Attbrney in Fact (Attach Power of Attorney) Fidelity & Deposit Company of Maryland 1299 Zurich Way Schaumburg, IL 60196-1058 2024 OVERLAY PROGRAM — Addendum #1 March 2024 70 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kristin PORTILLO, Susan L. DEVANEY and Mark EICHELBERGER, all of Pacific, Washington, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed, any and all bid bonds issued on behalf of CPM DEVELOPMENT CORPORATION dba ICON MATERIALS, Pacific, Washington, each in a penalty not to exceed the sum of $1,000,000, and the execution of such bid bonds in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of January, A.D. 2023. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President ,c)-1 to ice.... By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 25th day of January, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Iva Bethea Notary Public My Commission Expires September 30, 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 71 Proposal (continued) P-8 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. CPM Development Corporation DBA ICON Materials 2024 OVERLAY PROGRAM —Addendum #1 March24 DocuSign Envelope ID: 079FF67D-6F05-4384-8F95-7788A9461152 P-9 NON -COLLUSION DECLARATION STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named 2024 OVERLAY PROGRAM, Project No. 82410401. CPM Development Corporation DBA ICON Materials Name of Firm — DocuSigned by: ktk t&divtua, SignafureboD9Wu1'iorized Official Vice President Mike McBreen Title Signed and sworn to before me on this 8th day of April ,2024 Wendy Hayes Signature of Notary Public in and for the State of Washington, residing at Algona, Washington My appointmen�s��s: 02/01/2025 !•`` ,f L.n :� 4-` AAA • S� SEAL : 4' NOTARY N PUBLIC ?�, .,,,.y O?/01/2 .� ' 5'/ To report bid riggiFfnctivities call: NOTICE TO ALL BIDDERS 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 2024 OVERLAY PROGRAM — Addendum #1 March.S24 P-10 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: CPM Development Corporation DBA ICON Materials Address of Bidder: 1508 Valentine Ave SE Pacific Washington City 98047-2103 State Zip Code Contractor's License No. ICONM**982CF WA State UBI No. 601-006-854 Dept. of L&I License Bond Registration No. 8876949 Worker's Comp. Acct. No. 700,174-00 Bidder is a(n): 0 Individual 0 Partnership 0 Joint Venture Incorporated in the state of WA If Out -of -State Corporation, has Bidder complied with WA Corporation laws? ❑ YES ❑ NO List business names used by Bidder during the past 10 years if different than above: SEE ATTACHED Bank Reference Year Bank of America Lois D. Marshall (800) 325-6999 Bank Account Officer Officer's Phone No. of regular full-time employees: 125+ Number of projects in the past 10 years completed: 25%ahead of schedule 75% on schedule 0 behind schedule Total value of contracts in hand (gross): $ 70,549,194 Bidder has been in business continuously from 1960 Bidder has had experience in work comparable to that required for this Project: As a prime contractor for 63 years. As a subcontractor for 63 years. Describe the general character of work performed by your company: Asphalt concrete paving, aggregates, road construction, and grading. List major equipment anticipated for this project; state whether Contractor -owned, or if it will be rented or leased from others. SEE ATTACHED 2024 OVERLAY PROGRAM — Addendum #1 March 2024 74 ICON MATERIALS A CRH COMPANY PAST COMPANY NAMES The current business name, ICON Materials, (dba of CPM Development Corporation) has been in use since January 1, 2002. The company was formed April 1998 to purchase the assets and continue the operations of M.A. Segale, Inc. a Washington Corporation since 1960. CPM Development Corporation DBA ICON Materials Jan. 1, 2002 to Present ICON Materials, Inc. June 2000 to Dec 2001 Oldcastle NW, Inc., d/b/a M.A. Segale, Inc. April 1998 to June 2000 M. A. Segale, Inc. Startup 1960 to April 1998 75 CPM Development Corporation DBA ICON Materials Major Equipment Detailed List Qty Description Model Model Yr Age Condition 10 3 Axle Pup Trailer Peerless 1991 25 Good Own 4 3 Axle Pup Trailer Transfer Reliance 2007 9 Good Own 4 3 Axle Pup Trailer Transfer Reliance 2006 10 Good Own 2 3 Axle Pup Trailer Transfer Reliance 2005 11 Good Own 2 3 Axle Pup Trailer Transfer Sturdyweld 2012 4 Excellent Own 3 4 Axle Pup Trailer Sturdyweld 2006 10 Good Own 1 Booster w/ Pintle Hitch Superior 2010 6 Excellent Own 1 Detachable Lowboy Trailer Superior 2010 6 Excellent Own 2 Side Dumps Trail King 2007 9 Good Own 1 Grove Hyd Crane 40 Ton RT740 1980 36 Good Own 1 Pettibone Hyd Crane 35 Ton RT35 1976 40 Good Own 1 Tymco Sweeper 600BAH 2007 9 Good Own 1 John Deere Dozer JD650LGP 2005 13 Good Own 1 JD Backhoe Landscraper 210LE 1998 18 Good Own 2 CAT Off -Hwy Dump Trucks 773B 1993 23 Good Own 1 CAT Off -Hwy Dump Trucks 773E 1990 26 Good Own 1 CAT Off -Hwy Dump Trucks 773B 1981 35 Good Own 1 CAT Off -Hwy Dump Trucks 773E 2003 13 Good Own 1 CAT Grader 140H 2004 14 Very Good Own 1 Rahco Grader 140H 2004 14 Very Good Own 1 Hitachi Mini Excavator 5OZTS 2005 13 Very Good Own 1 Cat Backhoe 420 2013 5 Excellent Own 70 Maint. & Operation Vehicles Various 2016 2 Excellent Own 1 Freightliner Dump Truck FLD/TM 2005 11 Good Own 5 Freightliner Dump Truck FLD/TM 2006 10 Good Own 4 Freightliner Dump Truck FLD/TM 2007 9 Good Own 1 Kenworth Dump Truck T800B 1997 19 Good Own 1 Mack Dump Trucks RD688S 1998 18 Good Own 2 Western Star Dump Trucks 49F/TM 2012 4 Excellent Own 2 Western Star Tractors 49S/DS 2007 9 Good Own 2 Western Star Lowboy Tractors 4900SA 2010 6 Excellent Own 2 International Distributors Bearcat 1995 21 Good Own 1 Road Widener Midland 2006 12 Very Good Own 1 RoadTec Shuttlebuggy SB2500D 2006 12 Good Own 1 Weiler Transfer Machine E2850 2017 1 Excellent Lease 1 CAT Paver AP1055B 2003 15 Good Own 1 CAT Paver AP1055E 2012 6 Excellent Own 1 CAT Paver AP1055D 2008 10 Excellent Own 1 CAT Paver AP555E 2010 8 Excellent Own 1 CAT Paver AP555E 2016 2 Excellent Own 1 Volvo Paver PF6110 2009 8 Very Good Own 2 CAT Grade Rollers CS563C 1995 23 Good Own 1 Hypac Pneumatic Roller C560B 2001 17 Good Own 76 1 Writgen Milling Machine W1200FT 2001 17 Very Good Own 5 Truck Scales & (2 Portables) 30 to 150 Ton Excellent Own 1 Auburn Asphalt Plant Gencor Very Good Own 1 Seattle Asphalt Plant StanSteel/Gencor Very Good Own 1 Complete Crushing Plant Metso/JCI Excellent Own 1 Cat Excavator 32OLLR 2010 8 Very Good Own 1 Cat Excavator 345D 2011 7 Very Good Own 1 Cat Excavator 336D 2011 7 Very Good Own 1 Cat Mini Excavator 305E 2013 5 Excellent Own 1 CAT AC Roller CB224B 2007 11 Good Own 2 CAT AC Rollers CB24B 2016 2 Excellent Lease 1 CAT AC Roller CB24B 2017 1 Excellent Lease 1 CAT AC Roller CB34B 2016 2 Excellent Lease 2 CAT AC Rollers (15 Ton) CB54B 2016 2 Excellent Lease 1 CAT AC Roller (15 Ton) CB54XW 2013 5 Very Good Own 1 CAT AC Roller (15 Ton) CB434D 2012 6 Very Good Own 1 CAT Mini Excavator 305E 2013 3 Excellent Own 2 3 Axle Tilt Trailers Dump Trk 1999 17 Good Own 1 2 Axle Lowboy Trlr Trail King 1999 17 Good Own 1 3 Axle Lowboy Trlr TrailKing 1999 17 Good Own CPM Development Corporation DBA ICON Materials 77 Responsible Bidder Determination Form P-11 List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Bill Johnson Steve Nelson Lauren Worrel Jake Webster/Trevor Warren Title How Long With Bidder Construction Superintendent 35 Years Paving Manager 4 Years Paving Superintendent 5 Years Paving Foreman 10 Years Tyler Townsend Project Manager 10 Years Name the Surveyor to be used on this Project who will directly supervise all surveying activities. Attach a resume outlining the experience and qualifications of the Surveyor. Is the Surveyor licensed in the State of Washington (a PLS)? 1=° Yes ❑ No Surveyor's Name: American Surveying & Environmental, LLC. List all other anticipated subcontractors Bidder intends to use on this project. Indicate previous experience working with these firms, if any. Subcontractor Scope of Work No of Previous Contracts Worked with Bidder Cascade Utility Adjusting Adjusting utilities 10 Ground Up Road Construction, Inc. Milling 10 Northwest Traffic, Inc. Permanent Signage 10 Specialized Pavement Markings, Inc. Permanent Striping 10 Transportation Systems, Inc. Cement Concrete 10 List all those projects of similar nature and size completed by Bidder within the past 10 years. Include a reference for each. Any attached preprinted project listing must include all this information. Bidder must have at least 10 years' experience working on projects of similar nature and size. Year Contract Project Name Completed Amount Owner/Reference Name and Phone SEE ATTACHED 2024 OVERLAY PROGRAM — Addendum #1 CPM Development Corporation 1 DBA ICON Materials March 2024 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 78 American Surveying & Environmental, LLC Land Surveyors & Consultants PRINCIPAL RESUMES Michael Sjolin, Director of Surveys, Principal Registered Professional Land Surveyor No. 45174 (WA) Certified Federal Surveyor No. 1570 Michael has more than twenty-five years' of experience in the land surveying profession. During this time he has conducted and supervised cadastral surveys, topographic surveys and construction layout surveys and been involved as project manager of many different types and sizes of projects. He has vast experience drafting numerous types of survey maps, including boundary surveys, topographic, ALTA, condominium, wetland delineation, long and short plats, GIS mapping, and boundary line adjustments. In addition, he is well -versed at preparing various types of legal descriptions and easement documents including exhibit maps using Autodesk Civil 3D. Michael also has ample experience conducting and supervising FEMA Elevation Certificate surveys used for flood insurance. Michael has a very methodic and systematic approach to insure a high level of quality control. His attention to detail and careful project approach makes him a valuable member of ASE's professional team. Michael's experience also includes performing complex boundary computations and construction staking pre -calculations for a variety of different projects in both the private and public sector. His project experience range includes small residential lots, large site development projects; both private and public, airports, county roads and state highways. He is highly capable and has the experience needed to simultaneously manage multiple projects from beginning to completion with accuracy and attention to detail and the ability to maintain required project budgets and time constraints. In June of 2012 Michael received Certified Federal Surveyor (CFedS) status from the United States Department of the Interior Bureau of Land Management. The CFedS program, which has been approved by the U.S. Secretary of the Interior, was designed specifically to enhance the level of knowledge and expertise in the professional land surveying community for survey work performed on federal lands and especially on Indian trust lands. To earn the CFedS designation, professional land surveyors must complete approximately 120 hours of course materials prepared by the BLM's National Training Center, in Phoenix, Arizona, and pass the certification examination. To maintain the certification, a CFedS must complete 10 hours of continuing education annually. This certification has provided Michael the additional knowledge and skill to offer superior boundary survey practice. 1495 NW Gilman Blvd Ste 14 Issaquah, WA 98027 • Tel. (425) 881-7430 • Fax (425)881-7731 www.american-engineering.net CPM Development Page 5A Corporation DBA ICON MaO-Ws Project Manager SAMPLE LISTING OF MAJOR PROJECTS, Thu - 2023 OWNER/GENERAL NAME/LOCATION PROJECT NAME/LOCATION CLASS OF WORK CONTRACTAMT/ COMPLETION FED$ FINALAMT DATE CONTACT p/S V/N City of Kent Kent, WA City of Federal Way Federal Way, WA City of Covington Covington, WA City of Burien Burien, WA City of Enumclaw Enumclaw, WA City of Snoqualmie Snoqualmie, WA City of Snoqualmie Snoqualmie, WA City of Kent Kent, WA City of Federal Way Federal Way, WA City of Burien Burien, WA City of Tukwila WA Tukwila, 84th Ave S. (EVH) Preservation S 228th St Road Dlet Excavation, Paving, Grading, UUlies, Concrete, Electrical (Signals), Traffic Control, Drew Holcomb Striping $22,600,556 Est2024 253-856-5508 Prime Excavation, Paving, Grading, Utilties, Concrete, Electrical (Signals), Traffic Control, Striping $927,878 Est 2024 253-661-4000 Prime Jonathan Strong Excavation, Paving, Grading, Mites, Concrete, Electrical (Signals), Traffic Control, Bob Lindskov SE 256th Street Overlay Striping $454,850 Est 2024 253-480-2400 Prime No Excavation, Paving, Grading, UNties, Concrete, Electrical (Signals), Traffic Control, 2023 Pavement Management Program-Ovedey Project Striping 2023 Street Pavement Rehabilitation David Traub $570,252 October 2023 206-988-5078 Prime No Excavation, Paving, Grading, Mites, Concrete, Electrical (Signals), Traffic Control, Dwayne Walker Striping $242,748 Est2023 380815-5730 Pnme No Excavation, Paving, Grading, Willies, Concrete, Electrical (Signals), Traffic Control, Hind Ahmed 2023 Overlay Project Sthping $622,095 Est2024 425-507-5480 Prime No Excavation, Paving, Grading, Dillies, Concrete, Electrical (Signals), Traffic Control, Hind Ahmed Snoqualmie Parkway Rehabilitation Project Striping $3,744,494 Est 2023 425-507-5480 Prime No Excavation, Paving, Grading, Uti8es, Concrete, Electrical (Signals), Traffic Control, Brian Shields 2023 Asphalt Overlays Striping $2,872,118 Est 2023 253-293-4973 prime No Excavation, Paving, Grading, Utilties, Concrete, Electrical (Signals), Traffic Control, John Cole 2023 Asphalt Overlay Project Striping $3,421,942 Est2023 253-835-2718 Prime No Excavation. Planing. Concrete. Asphalt Paving, Aggregates, Striping, December David Traub 2022 Pavement Management Program - Overlay Projecl Traffic Conroe $658,148 2022 206-436-5552 Prime No Tukwila Parkway Emergency Repair Inng County Various Sites Throughout the County 2022 Countywide Pavement Preservation King County Seattle, WA SE Kent Kangley RD @ Landsburg RD SE City of Algona Algona, WA 2022 Overlay Project Burlington Northern Santa Fe South Seattle Intermodal Facility City of Enumclaw Enumclaw, WA 2022 Pavement Preservation City of Federal Way Federal Way, WA Pierce County City of Kent Kent, WA Sierra Construction Co Woodinville, WA Pivetta Brothers Sumner, WA Scarsella Bros Seattle, WA Jansen Inc Belingham, WA 2022 Asphalt Overlays Sumner -Buckley Highway East 2021 Asphalt Overlays CenterPoint Site Vert Construction Excavation, Planing, Concrete, Asphalt Paving, Aggregates striping, Adib Altallal Traffic control 3495,595 Est 2022 206-240-0633 Prime No Excavation, Grading. Concrete, Sujay Shandil 206- Electrical(Signah),Traffic Control $3,614,924 Est2023 423-9181 Prime No Excavation, Grading, Concrete, Leeann Snyder Electrical (Signals), Traffic Control $202,222 Est 2023 206-283-3517 Prime No Excavation, Planing, Concrete, Asphalt Paving, Aggregates Singing, Traffic Control Brian Souiwine $168,000 October 2022 206-284-0860 Prime No Capin Nutt Asphalt paving, Milling, Striping $1.982.347 Est 2025 206-625-6150 Sub No Paving, Grinding, Utilities, Striping, CTB $601,349 October2022 Prime No Excavation, Paving, Grading, Mlles, Concrete, Electrical John Cole (Signals), Milling $3,212,302 Est 2023 253-835-2718 Prime No Paving, Grading, Litton, Guardrail, Traffic Control Bruce Dammeier $1,098,239 Est2023 253798-7477 Prime No Excavation, Paving, Grading, Willies, Concrete, Electrical Chad Bieren (Signals), Milling $5,064,977 Est 2023 253856-5500 Prime No Asphalt Paving CP1922 Lead Service Line Replacement Asphalt Paving SR99 Alaska Way Viduct - Replacement South Access Asphalt Paving Madison Street Bus Rapid Transit Kris Milarii $543,438 Est2023 503 332-1163 Sub No Nathan Walker $528,354 EST2023 253442-9732 Sub Yes Julie Print $643,254 EST 2023 253 872-7173 Sub No Mark White Asphalt Paving $648,159 Est2023 360319-0091 Sub Yes To- w (V raw -i 0 N Ci ^> ^oo z (I)o- ® oU tit co Project Manager SAMPLE LISTING OF MAJOR PROJECTS, Thru - 2023 OWNER/GENERAL NAME/LOCATION PROJECT NAME/LOCATION CLASS OF WORK CONTRACT AMT/ COMPLETION FED$ FINALAMT DATE CONTACT P/S Y/14 City of Auburn Auburn, WA City of Seatac Seatac, WA BNSF Railway Tukwila. WA Scarsella Bros, Inc Seattle, WA City of Tukwila Tukwila, WA Lakeland Hills Way Preservation 2021 Overlays Project South Seattle Intermodal Facility 2021 Airfield Pavement 8 Supporting Infrastructure Seatac Airport Andover Park East Water Main Pavement Repair Tukwila, WA Pennon Construction Co., Inc Pacific Gateway Bldgs 2,3,4,5 8 6 Seattle, WA Kent, WA Goodfellow Bros. Remote Aircraft Diecing Kihei, HI Seatac Airport Pennon Construction Co., Inc PSE Puyallup Service Center Seattle, WA 5807 Milwaukee Ave East, Puyallup Pennon Construction Co., Inc PSE Kent Substation Operations Seattle, WA 8001 South 212th Street, Kent Gary Merlin Construction Co., Inc Terminal 18 Seattle, WA 1131 SW Klickitat Way, Seattle Port of Seattle Seattle, WA King County Seattle, WA Skanska USA Building Inc Seattle, WA City of Enumclaw Enumclaw. WA Jansen, Inc Bellingham, WA City of Kent Kern, WA Terminal 46 Pavement Rehabilitation Port of Seattle Excavation. Paving, Grading, ()Mies, Concrete. Electrical (Signals), Milling Excavation, Paving, Grading, Utilties, Concrete. Electrical (Signals), Milling Asphalt Paving, Milting, Paving Fabric $1,982,347 Spring 2022 $1,210,442/ Cindy West $1,163,074 11/2021 253 931-3010 Prime No Brenton Cook $886.020 Spring 2022 206586-2107 Prime No Prime No $719,000 / Julie Pr er Asphalt Paving $601,854 112021 253 872-7173 Sub No Excavation, Concrete, $143,155 / Scott Bates Utility Adj., Asphalt Paving $114,158 1/2021 206431-2193 Prime No Asphalt Paving, Aggregates Asphalt Paving Ashalt Paving Asphalt Paving Asphalt Paving Paving, Grinding, Survey, Excavation, Crack Seal Excavation, Peeing, Grading, 2020 Countywide Pavement Preservation Utilties, Concrete, Electrical Various Locations within King County (Signals) Pioneer Elementary 2301 M Street SE, Auburn 2020 Pavement Preservation Delridge Way SW - Rapidride H Line Delrideg Way SW 8 SW Brandon St Meet Me On Meeker/Riverbend Driving Range Imp. Green River Trail, Russell Road, W Meeker Washington State D.O.T. C/N 9489 Interstate 5, Sea-Tac NB Weigh Station Seattle, WA Preservation Asphalt Paving Josh Boettner $1,079,664 2066876318 Sub $604,500 / Dennis Diteman $563,214 6/2021 425 466-3898 Sub Dave Scott $504,913 360701-9479 Sub No Yes No $512,870 / Kaleb Kingman $503,830 June 2021 360918-3033 Sub No 5327,973 / Mark Ruth $498,024 11/2021 206 762-9125 Sub No $1,611,320 / Valerie Jarvi $2,230,900 1/2021 206 787-7685 Prime Yes $6,177,518 / Paul Moore 96,041,061 5/2021 206 423-1081 Prime No $552,638 / Kyle York 5542,646 7/2021 206418-9318 Sub No Excavation, Paving, Grading, Util9es, Concrete. Electrical 6576,574 / Dwayne Walker (Signals) $600,548 7/2020 360615-5730 Prime No Asphalt Paving Excavation, Paving. Grading, Utilties, Concrete. Electrical (Signals) Asphalt Paving, Excavation Planing, Concrete, Electrical Kiewit Infrastructure West Co Federal Way Federal Way Link Extension (FWLE) Design Build Asphalt Paving Grant Jansen $637,609 Fall 2022 360933-4807 Sub No $2,305,304 Timothy LaPorte /52,129,417 10/2021 253 856-5500 prime No $339,698 / Edward Kane $279,198 7/2020 206768-5861 Prime No Ian Enright $6.087,835 EST 2023 757630-5049 Sub No CPM Development Corporation CE3A ICON Materials Pie4usn i list Igroik co.sosu Rev n41 Project Manager SAMPLE LISTING OF MAJOR PROJECTS, Thru -2023 OWNER/GENERAL NAME/LOCATION PROJECT NAME/LOCATION CLASS OF WORK CONTRACT AMT/ COMPLETION FEDS FINALAMT DATE CONTACT P/S Y/N King County Seattle, WA Stellar Group, Inc Jacksonville, FL 2019 Countywide Pavement Preservation $1,223,115/ Tari Casey Sysco Seattle Facility Expansion Grading, Paving, Grinding $403,332 904 574-2906 Sub No Absher Construction Co $449,203 / Mike McCann Puyallup. WA Auburn Elementary School#15 Asphalt Paving $447,603 9/2020 253446-3339 Sub No Pivetta Brothers Construction Excavation, Paving, Grading, Utilties, Concrete, Electrical $4,931,536/ Paul Moore (Signals) $4,392,253 9/2020 206423-1081 Prime No $528,600 / Jeremy Fudge Sumner, WA A Street SE Preservation Asphalt Paving $399,548 5/2020 206 396-5525 Sub Yes Skanka USA Building Inc $419,698 / Kyle York Seattle, WA Dick Scobee Elementary School BP #02050 Asphalt Paving $429,895 8/2020 208 418-9318 Sub No SEACON, LLC $571,200/ Mike Telkamp Issaquah, WA Poulsbo RV, Sumner Aggregate & Asphalt Paving $708.188 8/2020 425 677-0869 Sub No Paving, Grading, Utilises, City of Auburn Concrete, Striping, Traffic 5838,078 / Jai Carter Auburn. WA 2019 Cltyvnde Patching and Overlay Control $878,181 52020 253 804-5286 Prime No Flatiron West, Inc, Lane Construction Corp JV Renton, WA 1405 Renton to Bellevue Widening & Express Toll Lanes Asphalt Paving $24,867,502 2025 Sub No Strider Construction BNSF Onllia automotive Facility & $2,224,116 / Nathan Andersh Bellingham, WA Kent Intermodal Facility Asphalt Paving $2,038,233 72019 360 380-1234 Sub No Kiewn Infrastructure west Co Federal Way, WA SR99 Demolition, Decommissioning & Surface Street $491,865 / Jeff Kittle Project Grinding, Patching Backfill $710,092 112019 425 301-7970 Sub No Washington State DOT Seattle. WA SR99 Roy Street to N 145th Street JR Hayes Corporation Maple Valley, WA King County Seattle, WA Jansen, Inc Bellingham, WA City of Auburn Auburn, WA City of Kent Kent, WA City of Tukwila Tukwila, WA City of Algona Algona, WA Asphalt Paving, Excavation Planing, Concrete, Electrical (Signals) 515,205,127 / Mike 6060609, PE $12,575,500 9/2020 206768-5861 Prime Yes Jeff Thomas Forest Canyon Estates Paving $696,948 Fall 2020 425 392-5722 Sub No Asphalt Paving, Excavation Planing, Concrete, Electrical (Signals) $4,803,683/ Dave Nadal 2018 Vachon Highway Pavement $4,660,249 5/19 206 477-3626 Prime No $909,040 / Grant Jansen 2018 AAC Package #2 Asphalt Paving $836,809 5/19 360 933-4807 Sub No Asphalt Paving, Excavation Planing, Concrete, Electrical (Signals) 52,124,739 / Kim Trotting, PE 15th Street NE/NW Preservation $2,525,288 11/18 253 804-5059 prime yes Asphalt Paving, Excavation Planing, Concrete, Electrical (Signals) $1,754,378 / Drew Holcomb PE 2018 Asphalt Overlays $1,531,008 11/18 253856-5500 Prime No Asphalt Paving, Excavation Planing, Concrete, Electrical (Signals) $955.946 / David Sorensen PE 2018 Overlay & Repair $896,834 9/18 206 431-3653 Prime No Excavation, Paving, Grading, Pacific Avenue North (Ellingson Road Utilises, Concrete, Electrical $333,540 / Brian Sourwme to Safeway Entrance) (Signals) $331.395 8/17 206 284-0880 Prime No Gary Merlin° Construction Co., Inc $1,964,250 / Rhuel Reedy Seattle. WA 2018 Taxiway Improvements Asphalt Paving $2,127,055 9/18 206255-2628 Sub Ves Graham Contracting, LTD Pacific Highway South HOV Lanes $1,859,665 / Greg Ritke Bellevue, WA Phase V Asphalt Paving $1,969.986 9/18 425691-3591 Sub CA Carey Corporation $675,571 / Steve Murdoch Issaquah, WA 2014 County Safety Selection Asphalt Paving $660,941 5/17 425 392-8016 Sub Yes Excavation, Paving, Grading, City of Auburn Uti6es, Concrete, Electrical $827,290 / Jai Carter Auburn, WA Lake Tapps Parkway Preservation (Signals) $865,202 12/17 253 804-5286 Prime Ves Excavation, Paving, Grading, WA State DOT SR 410, White River Bndge to SR 164 Utilties, Concrete, Electrical 61,988.350 / Timothy LaPorte Oympiue, WA Paving & ADA Comliance (Signals) $1,976,056 12/17 253858-5500 Prime Ves wwnaun Q�.,wasea �Y as v1n Project Manager SAMPLE LISTING OF MAJOR PROJECTS, Thru - 2023 OWNER/GENERAL NAME/LOCATION CONTRACTAMT/ COMPLETION FED$ PROJECT NAME/LOCATION CLASS OF WORK FINAL AMT DATE CONTACT P/S 'UN City of Renton Renton, WA City of Tukwila Tukwila, WA Gary Merino Constr. Co Seattle, WA MidMountain Contractors Kirkalnd, WA King County Procurement Seattle, WA 2017 Street Patch 8 Overlay w/Curb Ramps 2017 Overlay Program Excavation, Paving, Grading, Willies, Concrete, Electrical (Signals) Excavation, Paving, Grading, U61ties, Concrete, Electrical (Signals) 6659,441/ $526,510 9/17 206433-0179 Prime No $1,669123 / $1,707,048 Jayson Grant 12/17 425430-7400 Prime No Robin Tischmak Steve Simmons 15 NB 260th St to Duwamish River Br Asphalt Paving $8,717,258 6/18 206 255-2619 Sub No 15 SB South 320th St to Duwamish River Bridge 2016 Countywide Pavement Preservation Asphalt Paving $4,686,500 / Dave Stambaugh $3,988,940 9/16 206348-4356 Sub No Excavation, Paving, Grading, U8Nes, Concrete, Electrical Mark Hoge (Signals) $6,933,884/ 12/17 206263-9325 Prime No CPM Development Corporation DBA ICON Materials List n8 ome= Responsible Bidder Determination Form P-12 List all projects undertaken in the last 10 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Name of Client and Proiect Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims We (ICON materials) were involved with litigation against our subcontractor due to subcontractor's damage to property. H s Bidder, or any representative or partner thereof, ever failed to complete a contract? No 0 Yes If yes, give details: Has Bidder, or any representative or partner thereof, been assessed with liquidated damages within the past 5 years? 12/No 0 Yes If yes, give details: Has Bidder, or any representative or partner thereof, ever been indicted, pled guilty, pled no contest, or been convicted of any offense that has resulted in your firm being barred from bidding or performing work for any State, Local or Federal agency? dNo 0 Yes If yes, give details: Has Bidder, or any representative or partner thereof, ever been indicted, pled guilty, pled no contest, or been convicted of any illegal restraints of trade, including collusive bidding? IS/No 0 Yes If yes, give details: H s Bidder ever had any Payment/Performance Bonds called as a result of its work? Ii No 0 Yes If yes, please state: Project Name Contractinq Party Bond Amount H s Bidder ever been found guilty of violating any State or Federal employment laws? INo 0 Yes If yes, give details: 2024 OVERLAY PROGRAM - Addendum #1 CPM Development Corporation DBA ICON Materials March 2024 84 Responsible Bidder Determination Form P-13 Has Bidder ever file for protection under any provision of the federal bankruptcy laws or state insolvency laws? No 0 Yes If yes, give details: Des the Bidder owe any delinquent taxes to the Washington State Department of Revenue? 11 ' No ❑ Yes If yes, does the Bidder have an approved payment plan with the Washington State Department of Revenue? ❑ No ❑ Yes Ha�.ss any adverse legal judgment been rendered against Bidder in the past 5 years? I "No 0 Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other i9surance company for accidents resulting in fatal injury or dismemberment in the past 5 years? gNo 0 Yes If yes, please state: Date Type of Injury Agency Receiving Claim Attach additional sheets as needed. The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undej igned authorizes the City of Tukwila to verify all information contained herein. Signature of Bidder Title: Construction Manager 2024 OVERLAY PROGRAM — Addendum #1 Mark Eichelberger Date: April 9th, 2024 CPM Devek7nrnei-it Corporation DBA ICON Mat.,:* March 2024 85 DocuSign Envelope ID: 079FF67D-6F05-4384-8F95-7788A9461152 P-14 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT SEE ATTACHED Labor to be used: General foreman, paving foreman, paving superintendent, topside, screedman, roller operators, general laborers, excavator operator, traffic control, flaggers, TCS. CPM Development Corporation DBA ICON Materials r. _. - Docusigned by. L MiLc- Aktkr,t,A, C7f0I 7L013D$ .. Signature of Authorized Official Name of Bidder Mike McBreen Vice President Title 2024 OVERLAY PROGRAM — Addendum #1 March 2024 86 CPM Development Corporation DBA ICON Materials Major Equipment Detailed List Qty Description Model Model Yr Age Condition 10 3 Axle Pup Trailer Peerless 1991 25 Good Own 4 3 Axle Pup Trailer Transfer Reliance 2007 9 Good Own 4 3 Axle Pup Trailer Transfer Reliance 2006 10 Good Own 2 3 Axle Pup Trailer Transfer Reliance 2005 11 Good Own 2 3 Axle Pup Trailer Transfer Sturdyweld 2012 4 Excellent Own 3 4 Axle Pup Trailer Sturdyweld 2006 10 Good Own 1 Booster w/ Pintle Hitch Superior 2010 6 Excellent Own 1 Detachable Lowboy Trailer Superior 2010 6 Excellent Own 2 Side Dumps Trail King 2007 9 Good Own 1 Grove Hyd Crane 40 Ton RT740 1980 36 Good Own 1 Pettibone Hyd Crane 35 Ton RT35 1976 40 Good Own 1 Tymco Sweeper 600BAH 2007 9 Good Own 1 John Deere Dozer JD650LGP 2005 13 Good Own 1 JD Backhoe Landscraper 210LE 1998 18 Good Own 2 CAT Off -Hwy Dump Trucks 773B 1993 23 Good Own 1 CAT Off -Hwy Dump Trucks 773B 1990 26 Good Own 1 CAT Off -Hwy Dump Trucks 773E 1981 35 Good Own 1 CAT Off -Hwy Dump Trucks 773E 2003 13 Good Own 1 CAT Grader 140H 2004 14 Very Good Own 1 Rahco Grader 140H 2004 14 Very Good Own 1 Hitachi Mini Excavator 5OZTS 2005 13 Very Good Own 1 Cat Backhoe 420 2013 5 Excellent Own 70 Maint. & Operation Vehicles Various 2016 2 Excellent Own 1 Freightliner Dump Truck FLD/TM 2005 11 Good Own 5 Freightliner Dump Truck FLD/TM 2006 10 Good Own 4 Freightliner Dump Truck FLD/TM 2007 9 Good Own 1 Kenworth Dump Truck T800B 1997 19 Good Own 1 Mack Dump Trucks RD688S 1998 18 Good Own 2 Western Star Dump Trucks 49F/TM 2012 4 Excellent Own 2 Western Star Tractors 49S/DS 2007 9 Good Own 2 Western Star Lowboy Tractors 4900SA 2010 6 Excellent Own 2 International Distributors Bearcat 1995 21 Good Own 1 Road Widener Midland 2006 12 Very Good Own 1 RoadTec Shuttlebuggy SB2500D 2006 12 Good Own 1 Weiler Transfer Machine E2850 2017 1 Excellent Lease 1 CAT Paver AP1055B 2003 15 Good Own 1 CAT Paver AP1055E 2012 6 Excellent Own 1 CAT Paver AP1055D 2008 10 Excellent Own 1 CAT Paver AP555E 2010 8 Excellent Own 1 CAT Paver AP555E 2016 2 Excellent Own 1 Volvo Paver PF6110 2009 8 Very Good Own 2 CAT Grade Rollers CS563C 1995 23 Good Own 1 Hypac Pneumatic Roller C560B 2001 17 Good Own 87 1 Writgen Milling Machine W1200FT 2001 17 Very Good Own 5 Truck Scales & (2 Portables) 30 to 150 Ton Excellent Own 1 Auburn Asphalt Plant Gencor Very Good Own 1 Seattle Asphalt Plant StanSteel/Gencor Very Good Own 1 Complete Crushing Plant Metso/JCI Excellent Own 1 Cat Excavator 32OLLR 2010 8 Very Good Own 1 Cat Excavator 345D 2011 7 Very Good Own 1 Cat Excavator 336D 2011 7 Very Good Own 1 Cat Mini Excavator 305E 2013 5 Excellent Own 1 CAT AC Roller CB224B 2007 11 Good Own 2 CAT AC Rollers CB24B 2016 2 Excellent Lease 1 CAT AC Roller CB24B 2017 1 Excellent Lease 1 CAT AC Roller CB34B 2016 2 Excellent Lease 2 CAT AC Rollers (15 Ton) CB54B 2016 2 Excellent Lease 1 CAT AC Roller (15 Ton) CB54XW 2013 5 Very Good Own 1 CAT AC Roller (15 Ton) CB434D 2012 6 Very Good Own 1 CAT Mini Excavator 305E 2013 3 Excellent Own 2 3 Axle Tilt Trailers Dump Trk 1999 17 Good Own 1 2 Axle Lowboy Trlr Trail King 1999 17 Good Own 1 3 Axle Lowboy Trlr TrailKing 1999 17 Good Own CPM Development Corporation DBA ICON Materials 88 P-15 PROPOSED SUBCONTRACTORS CPM Development Corporation Name of Bidder DBA ICON Materials In accordance with RCW 39.30.060 as amended, every bid that totals $1 million or more shall include below the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void. The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder 86 Schedule/Bid Item Numbers % of Name Subcontractor will perform Total Bid NOT APPLICABLE 2024 OVERLAY PROGRAM — Addendum #1 CPM Development Corporation DBA ICON Materials March 2024 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 89 CPM DEVELOPMENT CORPORATION {A AMERICA.N ROC l�rrs,-. .__.. CENTRAL PRE -MIX HELENA SAND & GRAVEL ACMI COMPANY NORrVF AONItOPAPY ICON A0Y.a.Y1f. A CMS CONMIIY .0111.0111. RiwrBend AINIKOOMIWO WENATCHEE SAND & GRAVEL ACCN COMPANY CERTIFICATE OF AUTHORITY Please be advised, that the individuals whose names, titles and signatures appear below are authorized To execute proposals, contracts, bonds, and other documents and/or instruments on behalf of CPM Development Corporations, dba ICON Materials. ICON Materials is a CPM Development Corporation trade name. Name and Title Michael McBreen, Vice President Mark Eichelberger, Construction Manager Christopher Williams, Operations Manager STATE OF WASHINGTON ) ss. COUNTY OF SPOKANE ) re Id 0 4 Respectfully submitted, CPM DEVELOPMENT CORPORATION Susan L. Devaney Assistant Treasurer & Assistant Secretary On this day personally appeared before me Susan L. Devaney, known to me to be the person that executed the foregoing instrument, on behalf of CPM Development Corporation, d/b/a ICON Materials and acknowledged said instrument to be the free and voluntary act of said Corporation for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this fip day of November; 2022. ,catich Signature of Notary MICHELLE M WELCH Mc ehel G. M • V4� IOTARY PUBLIC NOV. 7, 20 nt or Type Name of Notary STATE COMM.OF M.WAEXPIRESN OTARY PUBLIC in and for the State of Washington Residing at SpO�A., (04 MyCommission expires on i 1 f COMMISSION N0.784317f6tOaip An Equal Opportunity Employer 5111 E. Broadway, Spokane Valley, WA 99212 P.O. Box 3366, Spokane WA 99220-3366 Office: (509) 534-6221 • Fax: (5130536-3051 DocuSign Certificate Of Completion Envelope Id: 079FF67D6F0543848F957788A9461152 Subject: Complete with DocuSign: Authorized Signature Pages Source Envelope: Document Pages: 4 Certificate Pages: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Status: Completed - CITY OF TUKWILA - 2024 Overlay Program.pdf Signatures: 4 Initials: 0 Envelope Originator: Kristin Portillo 42 Fitzwilliam Square Dublin, Dublin 2 D02 R279 kristin.portillo@iconmaterials.com IP Address: 173.160.252.5 Record Tracking Status: Original 4/8/2024 8:46:47 AM Holder: Kristin Portillo kristin.portillo@iconmaterials.com Location: DocuSign Signer Events Signature Timestamp Mike Mcbreen michael.mcbreen@na.crh.com Vice President CPM DEVELOPMENT CORP DBA INLAND ASPHALT Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign r—DocuSgned by: Nt i�G IMd,�Yt t t� '-5726AC7D9138464... Signature Adoption: Pre -selected Style Using IP Address: 50.123.87.114 Sent: 4/8/2024 8:47:54 AM Resent: 4/8/2024 2:03:33 PM Viewed: 4/8/2024 3:11:25 PM Signed: 4/8/2024 3:11:38 PM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Certified Delivered Signing Complete Completed Hashed/Encrypted Security Checked Security Checked Security Checked 4/8/2024 8:47:54 AM 4/8/2024 3:11:25 PM 4/8/2024 3:11:38 PM 4/8/2024 3:11:38 PM Payment Events Status Timestamps 91 2024 Annual Overlay Project Certified Bid Tab CITY OF TUKWILA- DEPARTMENT OF PUBLIC WORKS Opening 4/9/2024 Engineer's Estimate ICON Materials Mlles Resources, LLC Lakeside Industries Inc. Tuccl & Sons, Inc. No. [Section !item I Quantity I Unit Unit Cost I Total Cost Unit Cost I Total Cost Unit Cost I Total Cost Unit Cost I Total Cost Unit Cost I Total Cost SCHEDULE A ROADWAY Al 1.04 Unexpected Site Changes 1 FA $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 A2 1-05 ADA Features Surveying 1 LS $ 5,000.00 $ 5,000.00 $ 3,900.00 $ 3,900.00 $ 3,700.00 $ 3,700.00 $ 1,650.00 $ 4,650.00 $ 12,000.00 $ 12,000.00 A3 1-07 Resolution of Utility Conflicts 1 FA $ 3,000.00 $ 3,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 A4 1-07 SPCC Plan 1 15 $ 3,000.00 $ 3,000.00 $ 174.00 $ 174.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 300.00 $ 300.00 45 1-09 Mobilization 1 LS $ 72,000.00 $ 72,000.00 $ 50,000.00 $ 50,000.00 $ 36,018.00 $ 36,018.00 $ 85,000.00 $ 85,000.00 $ 22,784.00 $ 22,784.00 A6 1-10 Project Temporary Traffic Control 1 LS $ 90,000.00 $ 90,000.00 $ 63,000.00 $ 63,000.00 $ 58,000.00 $ 58,000.00 5 105,000.00 $ 105,000.00 $ 120,000.00 $ 120,000.00 A7 2-01 Roadside Cleanup 1 FA $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,030.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 48 2-01 Clearing and Grubbing 1 15 $ 3,000.00 $ 3,000.00 $ 3,960.00 $ 3,960.00 $ 9,500.00 $ 9,500.00 $ 1,000.00 $ 4,000.00 $ 4,700.00 $ 4,700.00 A9 2-02 Asphalt Pavement Removal Incl. Haul 150 SY $ 40.00 $ 6,000.00 $ 38.50 $ 5,775.00 $ 43.00 $ 6,150.00 $ 73.00 $ 10,950.00 $ 35.00 $ 5,250.00 410 2-02 Cement Conc. Curb Removal Incl. Haul 370 LF $ 20.00 5 7,400.00 5 16.50 $ 6,105.00 5 8.00 $ 2,960.00 $ 35.00 $ 12,950.00 $ 15.00 $ 5,550.00 A11 2-02 Cement Conc. Sidewalk Removal Incl. Haul 90 5Y $ 40.00 $ 3,600.00 $ 57.00 $ 5,130.00 $ 43.00 $ 3,1370.00 $ 78.00 $ 7,020.00 $ 10.00 $ 3,600.00 412 2-02 Roadway Excavation Ind. Haul 120 CY $ 90.00 $ 10,800.00 $ 68.00 $ 8,160.00 $ 115.00 $ 13,800.00 $ 100.00 $ 12,000.00 $ 82.00 $ 9,840.00 A13 2-03 Unsuitable Foundation Excavation Incl. Haul 200 CY $ 95.00 $ 19,000.00 $ 64.00 $ 12,800.00 $ 65.00 $ 13,000.00 $ 100.00 $ 20,000.00 $ 80.00 $ 16,000.00 414 4-04 Crushed Surfacing Top Course 900 TON $ 75.00 5 67,500.00 $ 50.50 $ 45,450.00 $ 57.00 5 51,300.00 $ 75.00 $ 67,500.00 $ 70.00 $ 63,000.00 415 5-04 Pavement Repair Excavation Incl. Haul 100 CY $ 75.00 $ 7,500.00 $ 109.00 $ 10,900.00 $ 156.00 $ 15,600.00 $ 100.00 $ 10,000.00 $ 335.00 $ 33,500.00 416 5-04 HMA Cl. 1/2" PG 586-22 2600 TON $ 130.00 $ 338,000.00 $ 121.00 $ 314,600.00 $ 115.00 $ 299,000.00 $ 125.00 $ 325,000.00 $ 135.00 $ 351,000.00 A17 5-04 HMA for Pavement Repair Cl. 1/2" PG 58H-22 70 TON $ 175.00 $ 12,250.00 $ 161.00 $ 11,270.00 $ 155.00 $ 10,850.00 $ 175.00 $ 12,250.00 $ 275.00 $ 19,250.00 418 5-04 Temporary Pavement 80 TON $ 175.00 $ 14,000.00 $ 164.00 $ 13,120.00 $ 135.00 $ 10,800.00 $ 170.00 5 13,600.00 $ 80.00 $ 6,400.00 A19 5-04 Thickened Edge 380 LF $ 5.00 $ 1,900.00 $ 5.00 $ 1,900.00 $ 3.00 $ 1,140.00 $ 7.50 $ 2,850.00 $ 8.00 $ 3,010.00 A20 5-04 Planing Bituminous Pavement 8350 SY $ 8.00 $ 66,800.00 $ 8.00 $ 66,800.00 $ 5.00 5 41,750.00 $ 8.00 $ 66,800.00 $ 12.00 $ 100,200.00 A21 7-03 Storm Drain Marker 36 EA $ 5.00 $ 180.00 $ 31.00 $ 1,116.00 $ 55.00 $ 1,980.00 $ 58.00 $ 2,088.00 $ 40,00 $ 1,440.00 A22 7-05 Adjust Manhole 21 EA $ 1,500.00 $ 31,500.00 $ 754.00 $ 15,834.00 $ 1,600.00 $ 33,600.00 $ 750.00 5 15,750.00 5 500.00 $ 10,500.00 A23 7-05 Adjust Catch Basin 22 EA $ 1,100.00 $ 24,200.00 $ 754.00 $ 16,588.00 $ 1,415.00 $ 31,130.00 $ 750.00 5 16,500.00 $ 950.00 $ 20,900.00 424 7-05 Rectangular Frame and Vaned Grate 11 EA $ 1,000.00 $ 11,000.00 $ 383.00 $ 1,213.00 $ 1,300.00 5 14,300.00 $ 1,200.00 $ 13,200.00 $ 950.00 $ 10,150.00 A25 7-12 Adjust Water Valve 20 EA $ 800.00 $ 16,000.00 $ 540.00 $ 10,800.00 $ 750.00 $ 15,000.00 $ 525.00 $ 10,500.00 $ 670.00 $ 13,400.00 A26 8-01 Erosion/Water Pollution Control 1 FA $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 427 8-01 Inlet Protection 37 EA $ 60.00 $ 2,220.00 $ 36.00 $ 1,332.00 $ 85.00 $ 3,115.00 $ 85.00 $ 3,145.00 $ 75.00 $ 2,775.00 428 8-04 Cement Conc. Curb and Gutter 170 LF 5 65.00 $ 11,050.00 $ 58.00 $ 9,860.00 $ 31.00 5 5,270.00 $ 36.00 $ 6,120.00 $ 95,00 $ 16,150.00 A29 8-04 Cement Conc. Pedestrian Curb 80 LF $ - 50.00 $ 1,000.00 $ 35.00 $ • 2,800.00 $ 31.00 $ 2,480.00 5 36.00 $ 2,880.00 5 45.00 $ 3,600.00 A30 8-04 Cement Conc. Extruded Curb 380 LF $ 40.00 5 15,200.00 $ 21.00 $ 9,120.00 $ 15.00 $ 5,700.00 $ 16.00 $ 6,080.00 $ 25.00 $ 9,500.00 A31 8-13 Adjust Monument Case and Cover 7 EA $ 700.00 $ 4,900.00 $ 540.00 $ 3,780.00 $ 1,000.00 $ 7,000.00 $ 525.00 $ 3,675.00 $ 970.00 $ 6,790.00 A32 8-14 Cement Conc. Sidewalk 50 SY $ 90.00 $ 4,500.00 $ 75,50 $ 3,775.00 $ 70.00 $ 3,500.00 $ 82.00 $ 4,100.00 $ 110.00 $ 5,500.00 A33 8-14 Cement Conc. Curb Ramp Type 4 EA $ 3,500.00 $ 14,000.00 $ 4,060.00 $ 16,210.00 $ 3,500.00 $ 14,000.00 $ 4,000.00 $ 16,000.00 $ 2,800.00 $ 11,200.00 TRAFFIC CONTROL DEVICES A34 8-09 Raised Pavement Marker Type 1 48 EA $ 2.50 $ 120.00 $ 12.00 $ 576.00 $ 11.00 $ 528.00 $ 12.00 $ 576.00 $ 12.00 $ 576.00 A35 8-09 Raised Pavement Marker Type 2 22 EA $ 3.00 $ 66.00 $ 58.00 $ 1,276.00 $ 22.00 $ 484.00 $ 23.00 $ 506.00 $ 60.00 $ 1,320.00 A36 8-21 Permanent Signing 1 15 $ 13,000.00 $ 13,000.00 $ 29,000.00 $ 29,000.00 $ 27,500.00 $ 27,500.00 5 28,000.00 $ 28,000.00 $ 14,000.00 $ 11,000.00 A37 8-22 Plastic Traffic Arrow 4 EA $ 100.00 $ 400.00 $ 348,00 $ 1,392.00 $ 440.00 $ 1,760.00 $ 465.00 $ 1,860.00 $ 480.00 $ 1,920.00 A38 8-22 Plastic Shared Lane Symbol 2 EA $ 350.00 $ 700.00 $ 348.00 $ 696.00 $ 495.00 $ 990.00 $ 520.00 $ 1,040.00 $ 350.00 $ 700.00 A39 8-22 Plastic Stop Une 100 LF $ 20.00 $ 2,000.00 $ 29.00 $ 2,900.00 $ 15.50 $ 1,550.00 $ 16.00 $ 1,600.00 $ 30.00 $ 3,000.00 A40 8-22 Paint Une, 6 Inch 1290 LF $ 3.00 $ 3,870.00 $ 1.10 $ 1,419.00 $ 1.00 $ 1,290.00 $ 1.00 $ 1,290.00 $ 1.00 $ 1,290.00 441 8-22 Plastic Une, 4 Inch 4110 LF $ 3.00 5 12,330.00 5 1.20 $ 4,932.00 $ 4.00 $ 16,440.00 $ 4.00 $ 16,440.00 $ 1.20 $ 1,932.00 A42 8-22 Paint Une, 4 Inch 3440 LF $ 3.00 $ 10,320.00 $ 1.00 $ 3,440.00 $ 1.00 $ 3,440.00 $ 1.00 $ 3,440.00 $ 1.00 $ 3,440.00 A43 8-23 Temporary Pavement Markings 4780 LF $ 1.00 $ 4,780.00 $ 0.40 $ 1,912.00 $ 0.85 $ 4,063.00 $ 0.70 $ 3,316.00 $ 0.80 $ 3,824.00 ROADSIDE DEVELOPMENT 444 8-02 !Property Restoration 1 FA I $ 10,000.00 $ 10,000.00 $ 10,003.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 FRANCHISE UTILITY ITEMS 445 8-19 Adjust Franchise Utility Manhole/Vault 1 EA $ 900.00 5 900.00 $ 1,710.00 $ 1,740.00 $ 1,700.00 $ 1,700.00 $ 2,000.00 $ 2,000.00 $ 2,600.00 $ 2,600.00 A46 8-19 Adjust Gas Valve 1 EA $ 700.00 $ 700.00 $ 540.00 $ 540.00 $ 840,00 5 840.00 $ 525.00 $ 525.00 $ 500.00 5 500.00 TOTAL $ 975,686.00 TOTAL $ 835,325.00 TOTAL $ 842,928.00 TOTAL $ 988,231.00 TOTAL $ 993,721.00 Item No. Section !Description IQuantit&I SCHEDULE (5114TH ST-5115TH ST TO END) B1 1-04 Unexpected Site Changes 1 B2 1-07 Resolution of Utility Conflicts 83 1-07 SPCC Plan B4 1-09 Mobilization 1 85 1-10 Project Temporary Traffic Control 1 B6 2-01 Roadside Cleanup B7 2-01 Clearing and Grubbing BB 2-03 Unsuitable Foundation Excavation Ind. Haul 50 B9 4-04 Crushed Surfacing Top Course 210 B10 5-04 Pavement Repair Excavation Ind. Haul 25 811 5-04 HMA C. 1/2" PG 58H-22 330 B12 5-04 HMA for Pavement Repair CI. 1/2" PG 58H-22 15 B13 5-04 Temporary Pavement 10 814 5-04 Planing Bituminous Pavement 170 815 7-03 Storm Drain Marker B16 7-12 Adjust Water Valve 817 8-01 Erosion/Water Pollution Control 1 818 8-21 Permanent Signing B19 8-22 Plastic Stop Une 10 820 8-02 Property Restoration Unf FA FA LS LS L5 FA L5 CY TON CY TON TON TON 5Y EA EA FA LS LF FA Certified by David Baus, Project Manager Engineer's Estimate ICON Materials Miles Resources, LLC Lakeside Industries Inc. Tucci & Sons, Inc. Unit Cost Total Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost I Total Cost $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 198.00 $ 198.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,060.00 $ 300.00 $ 300.00 $ 12,000.00 $ 12,000.00 $ 19,000.00 $ 19,000.00 $ 10,000.00 $ 10,000.00 $ 13,500.00 $ 13,500.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 17,700.00 $ 17,700.00 $ 10,880.00 $ 10,880.00 $ 18,000.00 $ 18,000.00 $ 13,000.00 $ 13,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 45.00 S 500.00 $ 1,650.00 $ 1,650.00 $ 3,500.00 $ 3,500.00 $ 1,750.00 $ 1,750.00 $ 1,700.00 $ 1,700.00 $ 95.00 $ 4,750.00 $ 89.00 $ 4,450.00 $ 75.00 $ 3,750.00 $ 100.00 $ 5,000.00 $ 80.00 $ 1,000.00 $ 75.00 $ 15,750.00 $ 116.00 $ 21,360.00 $ 81.00 $ 17,010.00 $ 75.00 $ 15,750.00 $ 70.00 $ 14,700.00 $ 75.00 $ 1,875.00 $ 192.00 $ 4,800.00 $ 275.00 $ 6,875.00 $ 150.00 $ 3,750.00 $ 150.00 $ 3,750.00 $ 130.00 $ 42,900.00 $ 309.00 $ 101,970.00 $ 140.00 $ 46,200.00 $ 150.00 $ 49,500.00 $ 135.00 $ 14,550.00 $ 175.00 $ 2,625.00 $ 254.00 $ 3,810.00 $ 270.00 $ 4,050.00 $ 200.00 $ 3,000.00 $ 275.00 $ 4,125.00 $ 175.00 $ 1,750.00 $ 254.00 $ 2,510.00 $ 250.00 $ 2,500.00 $ 170.00 $ 1,700.00 $ 80.00 $ 800.00 $ 8.00 $ 1,360.00 $ 42.00 $ 7,140.00 $ 22.00 $ 3,710.00 $ 45.00 $ 7,650.00 $ 27.00 $ 4,590.00 $ 5.00 $ 5.00 $ 25.00 $ 25.00 $ 55.00 $ 55.00 $ 58.00 $ 58.00 $ 40.00 $ 40.00 $ 800.00 $ 800.00 $ 614.00 $ 614.00 $ 825.00 $ 825.00 $ 525.00 $ 525.00 $ 500.00 $ 500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 3,000.00 $ 6,600.00 $ 6,600.00 $ 5,500.00 $ 5,500.00 $ 5,750.00 $ 5,750.00 $ 2,800.00 $ 2,800.00 $ 20.00 $ 200.00 $ 33.00 $ 330.00 $ 15.40 $ 154.00 $ 16.00 $ 160.00 $ 30.00 $ 300.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 TOTAL $ 112,515.00 TOTAL $ 204,687.00 TOTAL $ 125,039.00 TOTAL $ 136,593.00 TOTAL $ 119,655.00 Engineer's Estimate ICON Materials Miles Resources, LLC Lakeside Industries Inc. Taal & Sons, Inc. Schedule Aril Total $ 1,088,201.00 $ 1,040,012.00 $ 967,967.00 $ 1,124,824.00 $ 1,113,376.00 Date 4.12- V./- 92 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: David Baus, Project Manager CC: Mayor Thomas McLeod DATE: April 19, 2024 SUBJECT: 2024 Annual Overlay Project Project No. 82410401 Amendment No. 1 — Contract No. 23-165, KPG Psomas, Inc. ISSUE Execute Amendment 1 with KPG Psomas, Inc. (KPG) to include construction management services for the 2024 Annual Overlay Project. BACKGROUND/DISCUSSION Every year, Public Works issues a construction project to grind and overlay several blocks of roadways in the City of Tukwila. The annual overlay program is intended to preserve and maintain the street structure in a safe and useable state by resurfacing before failure, which also minimizes costs. Before work can commence, an engineer of record is required to prepare, design, and manage the construction of the project. KPG provides a unique blend of knowledge and understanding of the city's overlay program, which includes efficiency and benefits that no other firm can match at this time. KPG has also performed very well in providing construction management services and inspection services. KPG has provided an amendment incorporating construction management, scope of work, and fee estimate for the Overlay project's construction management and inspection services. FINANCIAL IMPACT KPG CM Services Amendment 1 $197,726.00 CIP CM Budget $200,000.00 RECOMMENDATION Council is being asked to approve amendment 1 for KPG Psomas, Inc on the 2024 Annual Overlay Program and consider this item on the Consent Agenda at the May 6, 2024, Council Meeting. ATTACHMENTS: 2023 CIP Page 12 KPG 2024 Overlay Consultant Contract - Amendment 1 Proposal 93 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Overlay and Repair Program Project No. 80010401 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) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 316 150 150 150 150 150 150 150 150 1,516 Land (R/W) 0 Const. Mgmt. 43 200 200 200 200 200 200 200 200 1,643 Construction 970 1,050 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,820 TOTAL EXPENSES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1 1,500 1,650 12,979 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Solid Waste Utility Tax 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 TOTAL SOURCES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 2023 - 2028 Capital Improvement Program ® 914 EXHIBIT A-2 Construction Management Services Scope of Work April 2024 City of Tukwila 2024 Overlay Program City Project Number: 82410401 KPG Project Number: 9TUK010700 KPG Psomas (Consultant) will provide construction management services for the construction contract to complete the City of Tukwila 2024 Overlay Program project. The proposed work includes: - Paving at multiple sites within City of Tukwila: 35t' Ave. S., 37t' Ave. S., 40th Ave. S., S. 132n' Pl, S. 128t' St., 50th P1 S., S. 114t' St. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The level of service and fee is based on project duration of 40 working days. • The proposed project team will include a part time Project Manager, part time Resident Engineer (24 hours a week), one full time Construction Inspector (45 hours a week), a part time Documentation Specialist (20 hours a week), and one part time Project Engineer from KPG Psomas's design team to review submittals and interpret Contractor inquiries, as needed (25 total hours). The team also includes a sub -consultant to provide services for materials testing and construction site observation to satisfy Tukwila Municipal Codes for work within certain soil classifications. • City will review and execute the insurance, bonds, and the Construction Contract. • Consultant will coordinate during audits or traffic control operations related to project impacts and help the City to complete any other required correspondence with outside agencies. • The City will work with the Contractor to conduct all community outreach in relation to phasing and direct impacts due to construction. The City's Contractor shall be responsible for the communication to the community on schedule and work activities. • KPG design engineers will be available during construction to answer questions and review RAM's, shop drawings, and answer RFI's. • Consultant services will be performed in accordance with the WSDOT Construction Manual, Contract plans & special provisions, and City of Tukwila engineering standards. City of Tukwila KPG Psomas Inc. 2024 Overlay Program KPG Project Number 9TUK010700 Construction Management Services Page 1 of 7 April 2024 95 EXHIBIT A-2 • The franchise Utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems if necessary. • Coordination of construction with franchise utilities, if any, will be done by City Contractor. Consultant will help facilitate coordination between utilities and Contractor as needed or requested by City. II. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for, and ultimately that the City of Tukwila receives a successful review by any outside agency including state audits at the end of the Project. TASK 1— MANAGEMENT / COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures and CM team scope activities. Prepare and submit monthly project progress reports to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables: • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Administrative Services up to Contractor Notice to Proceed (NTP): KPG Psomas will provide support startup of the project with any miscellaneous administrative needs as further detailed below: a. Preconstruction (PreCon) Photos: KPG Psomas staff shall collect and log a comprehensive set of precon photos, prior to City Contractor mobilizing to the site, for the purpose of documenting pre-existing site conditions. These shall be delivered to the City in digital form as part of the final project files. b. Review Plans and Specs: KPG Psomas staff shall familiarize themselves with all plans, specs, and City standards that will be incorporated into this project, in order to familiarize themselves with project limits, elements of work to be performed, measurement and payment, and other project -specific considerations, prior to the first working day. c. Prepare Hard and Electronic Files: The Consultant will prepare all electronic and hard copy files in preparation for the project. SharePoint will not be utilized on this contract. d. Prepare Record of Materials (ROM): Consultant shall modify WSDOT-provided ROM, to algin with LAG manual exceptions and to improve ease of use by all project parties. In the absence of a WSDOT-provided ROM, KPG Psomas can generate a ROM from scratch, City of Tukwila 2024 Overlay Program Construction Management Services Page 2 of 7 KPG Psomas Inc. KPG Project Number 9TUK010700 April 2024 96 EXHIBIT A-2 however creation of a complete project ROM is outside the scope of the current budget and may require a supplement. e. Preconstruction Conference: KPG Psomas will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices or via an on-line platform of the City's choice. The Consultant's team will attend the preconstruction conference. Pertinent City staff and private utilities will also be present at this meeting. KPG Psomas will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Preconstruction conference, the Consultant shall help facilitate discussions with the Contractor concerning the plans, specifications, schedules, pay estimate timelines and cutoff dates, issues with utilities, any unusual conditions, State and local requirements and any other items that will result in better project understanding among the parties involved. f. Prepare Templates: KPG Psomas will pre -populate all electronic forms, either Consultant or City provided, in preparation for contract administration. This includes pay estimate templates, weekly working days statements, inspector daily reports, change management tracking templates, etc. g. Utility Coordination: Consultant will assist with external and internal communications regarding utility coordination required for successful completion of the project, including utility relocations, required service interruptions, etc. Deliverables: • Preconstruction conference meeting minutes • Pre -construction Photos TASK 3 — CONSTRUCTION SERVICES — OFFICE 3.1 Construction Management Office Support: Original documentation will be housed at the Consultant's office and filed in accordance with standard filing protocol. Document Control will consist of the following: a. Project Coordination: Liaison with City, construction Contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. b. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. c. Submittals: Consultant shall take lead on submittal reviews/ approvals. Consultant shall coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Submittals shall be logged and tracked by Consultant. d. Requests for Information (RFI): Consultant shall review and respond to RFI's. RFI's shall be logged and tracked by Consultant. e. Weekly Meetings: Consultant will lead weekly meetings. Consultant will prepare agenda for City review and distribute meeting minutes to attendees. Outstanding issues to be City of Tukwila 2024 Overlay Program Construction Management Services Page 3 of 7 KPG Psomas Inc. KPG Project Number 9TUK010700 April 2024 97 EXHIBIT A-2 J. tracked on a weekly basis. Weekly Statement of Working Days will be reviewed/accepted by Contractor during the Weekly Meeting. f. Change Orders: The Consultant will develop change orders and the Consultant will provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. The City will approve all change orders before being fully executed. Each change order will be executed in accordance with WSDOT Standard Specifications. g. Field Work Directives: The Consultant will prepare field work directives as necessary to keep the Contractor on schedule. h. Force Account: The Consultant will track Contractor force account labor, equipment and materials. All force account calculations will be verified by the City and double checked by the Consultant. The City shall have final authority to approve any Force Account work prior to agreement with the Contractor. Schedule Review: Consultant shall perform review of initial Contractor provided CPM for conformance with the Contract Documents. Any discrepancies, conflicts or unreasonable work durations will be brought to the attention of the Contactor and City. Consultant will provide one (1) intermediate review of Contractor's updated schedule and compare with field -observed progress and duration of the project. Lump Sum Breakdown: Consultant shall evaluate construction Contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated. k. Monthly Pay Requests: Consultant shall prepare monthly requests for Contractor payment based on field note records prepared by Consultant field inspector in accordance with contract documents. 1. Weekly Statement of Working Days: Consultant shall prepare, and issue weekly statement of working day report each week to the Contractor and City for review and approval. Weekly statement of working days will be based on field inspection reports provided by Consultant. m. Subcontractor Documentation: Process / approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG's subcontractor logs. 3.2 Certified Payroll: The Consultant will process and check the Contractor and Subcontractor's certified payroll per State Prevailing Wage Requirements. Tracking of payroll shall consist of recording each payroll received from the Prime and Subcontractors and checking pay rates against Contract requirements. Any discrepancies will be brought to the Contractor and City. Deliverables: • Approved Submittals and Submittal log City of Tukwila 2024 Overlay Program Construction Management Services Page 4 of 7 KPG Psomas Inc. KPG Project Number 9TUK010700 April 2024 98 EXHIBIT A-2 • Responded RFIs and RFI Log • Weekly Meeting minutes • Fully -executed Change Orders and Field Work Directives, with Change Management Log • Force Account Documentation and Tracking Log • Fully -executed Monthly Progress Payments • Subcontractor Packets • Weekly Statements of Working Days • Certified Payroll Tracking Log (hard copy binder not included) • Contractor -generated As-builts, if required by Contract • All other project documentation generated during the course of project construction duration. TASK 4 — CONSTRUCTION SERVICES - FIELD 4.1 Construction Observation: The Consultant will provide one (1) inspector during construction activities and other tasks necessary to monitor the progress of the work. The Inspector will ensure that the daily inspection reports and working days reporting are completed in a timely manner and contain sufficient information to assess whether the work is being conducted in compliance with the Contract Documents per City, WSDOT,. Consultant will make IDR's available to the City by Friday of the same work week upon request. The Inspector may perform the following duties as a matter of his daily activities: i. Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non -conforming work observed. iii. Document all material delivered to the job site in accordance with the Contract Documents. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. v. Interpret Contract Documents in coordination with the City, Contractor, and KPG. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Support the Contractor's communication and responsibilities to answer questions from property owners and the general public as needed. viii. Monitor compliance of approved permits per the project specifications, if applicable. City of Tukwila 2024 Overlay Program Construction Management Services Page 5 of 7 KPG Psomas Inc. KPG Project Number 9TUK010700 April 2024 99 EXHIBIT A-2 ix. Prepare field records and documents to ensure the Project is administered in accordance with the plans and specifications. x. Collect and calculate delivery tickets and scaleman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10- 2). xi. Attend and actively participate in regular on -site weekly construction meetings. xii. Take digital photographs during the course of construction, and record locations. Assumptions: • Consultant will provide observation services for the days/hours that the contractor's personnel are on -site. • Assumption is Client's Contractor shall work normal 40-hour work weeks. For this project the "normal" work week may occur at night. KPG Psomas does not differentiate day shift from night shift. However, if the City's Contractor works a double shift (both day and night) within a single 24-hour period this will constitute two working days. Consultant's hours for inspection are based on one shift for number of working days allowed per Contract. • Assumption is if Contractor is working at multiple sites within the City of Tukwila, the Consultant will split their time at the multiple locations and prioritize what location to be at for observation. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the client, as detailed in the Contract Documents. Deliverables: • Daily Construction Reports with project photos. • Field Note Records for all field -measurable pay items. • Review material test reports for compliance. TASK 5 — PROJECT CLOSEOUT 5.1 Closeout Office Support: Consultant shall assist with generation of closeout documentation and pursuit of successful project final completion, as detailed below: a. Substantial Completion Letter: Following full and unrestricted use of the project status being obtained by the Contractor and agreed to by the City, Consultant shall draft Substantial Completion Letter on City letterhead, for issuance to Contractor. b. Physical Completion Letter: Following completion of all punch list work verified by the Consultant and any stakeholders required the Consultant shall prepare physical completion letter to the Contractor and the City shall issue the final contract voucher. c. Final Pay Estimate: Consultant shall prepare final payment estimate, along with any final quantity adjustments needed to existing bid items, for issuance to Contractor, in conjunction with the final contract voucher, issued by the City. City of Tukwila 2024 Overlay Program Construction Management Services Page 6 of 7 KPG Psomas Inc. KPG Project Number 9TUK010700 April 2024 100 EXHIBIT A-2 d. Closeout Inspection and Punchlist: Consultant shall assist in a punchlist walkthrough with Contractor, City staff, and any other necessary agencies for the purposes of developing a final project punchlist. The Consultant shall assemble walkthrough comments and provide the preliminary list to the City for concurrence, prior to issuing the list to the Contractor. On notification of completion of the punchlist, Consultant shall perform a final walkthrough to confirm satisfactory completion of all items on the list and shall note any remaining discrepancies. Subsequent project walkthroughs are beyond the scope of this agreement, but will be accommodated should the request be made by the City, and sufficient remaining budget allows. e. Certified Payroll Closeout: Consultant shall attempt to ensure that all certified payrolls and affidavits of wages paid are current and complete at the time of project physical completion. This will include regular checks of the L&I portal and frequent reminders to the Contractor to provide any missing information in a timely manner As the task of gathering the final documentation from Contractors and their Subcontractors can sometimes be an extended process, outside the control of the City or Consultant, after 8 weeks post -physical completion, the Consultant shall perform a final status update of the CP tracking log, along with memos to file of any missing documentation, and shall hand off the remaining verification process to the Client. f. Prepare Documentation to Deliver to City: Consultant shall perform QA/QC on all project documentation deliverables as outlined in Task 4.1, as well as any documentation generated in the course of completion of Task 5, and shall transfer all project documents to the City for permanent storage. • Substantial Completion Letter • Physical Completion Letter • Final Payment Invoice • Project Punchlist • Final Project Documents TASK 6 — SUBCONSULTANTS 6.1 Material Testing: A third party subconsultant will be retained by KPG Psomas to provide material testing and construction observation services. All testing will be done in accordance with LAG Manual and WSDOT Construction Manual, or at a desired frequency as -directed by the City's project manager. TASK 7 — ADDITIONAL SERVICES 7.1 Management Reserve: Additional services requested by the City will be performed only when authorized by the City. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach (except as completed on a day-to-day basis by the inspector and resident engineer as described in task 3.1 — vii), Public Meetings, Ribbon Cutting Ceremony, claims analysis, surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. This fee is based on 40 working day contract. Any additional services requested or extension of days will be approximately $3,185.00 per additional day. City of Tukwila 2024 Overlay Program Construction Management Services Page 7 of 7 KPG Psomas Inc. KPG Project Number 9TUK010700 April 2024 101 KPG PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: 40 working days + 2 week startup and 4 weeks closeout Date: City of Tukwila 2024 Overlay 9TUK010700 4/10/2024 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Computations by Task Principal Project Engineer II Senior Construction Manager Senior Resident Engineer Construction Observer III Document Control Specialist III Document Control Admin Senior Admin 290 187 244 188 142 146 104 139 Hours Totals Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 Project Management and Administrative Services 20 20 4 44 $ 9,176.00 1.2 Prepare, review and submit monthly expenditures 0 $ - Task Total 0 20 20 0 0 0 0 4 44 $ 9,176.00 Task 2 - Administrative Services up to Contractor Notice to Proceed (NTP) (xxx Months/Weeks) 2.1 Administrative Services up to Contractor Notice to Proceed 2 4 4 10 $ 1,824.00 2.2 PreCon Photos 4 4 8 $ 1,320.00 2.3 Review Plans and Specs 16 16 32 $ 5,280.00 2.4 Prepare Hard and Electronic Files 4 8 12 $ 1,920.00 2.5 Prepare ROM 8 8 $ 1,168.00 2.6 Prepare PreCon Agenda 2 6 8 $ 1,252.00 2.7 Prepare Templates 4 4 $ 584.00 Task Total 0 0 2 30 20 30 0 0 82 $ 13,348.00 Task 3 - Construction Management (CM) and Administrative Services. NTP to Project Closeout. (xxx Months/Weeks) 3.1 Construction Management Office Support 15 40 20 200 160 435 $ 77,670.00 3.2 Certified Payroll 28 28 $ 2,912.00 Task Total 15 40 20 200 0 160 28 0 463 $ 80,582.00 Task 4 - Provide Field Inspection for Each of the Project's Working Days (xxx Months/Weeks) 4.1 Construction Inspection 400 400 $ 56,800.00 Task Total 0 0 0 0 400 0 0 0 400 $ 56,800.00 Task 5 - Project Closeout (xxx Months/Weeks) 5.1 Construction Management Office Support 8 60 60 128 $ 21,992.00 5.2 Construction Management Field Paperwork/Inspection 20 20 $ 2,840.00 Task Total 0 0 8 60 20 60 0 0 148 $ 24,832.00 Task 6 - Materials Testing 6.1 Subcontract with Material Tester 2 2 $ 488.00 6.2 Prepare Invoices and Billings for Subcontractor 0 $ - Task Total 0 0 2 0 0 0 0 0 2 $ 488.00 102 l<172'4G- Task 7 - Management Reserve 7.1 Upon City Authorization Only 0 $ - Task Total 0 0 0 0 0 0 0 0 0 $ - Total Labor Hours and Fee 4,350 11,220 12,688 54,520 62,480 36,500 2,912 556 1,139 $ 185,226.00 Subconsultants HWA Material Testing $ 12,000.00 Total Subconsultant Expense $ 12,000.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate Reproduction Allowance $ 500.00 Total Reimbursable Expense $ 500.00 Management Reserve $ - Total Estimated Budget $ 197,726.00 103 104 City of Tukwila Public With Deportment - Mori Ponnekuntr, Director/City Engineer Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Hari Ponnekanti, Public Works Director BY: Joshua Hopkins, Surface Water Project Manger CC: Mayor Thomas McLeod DATE: April 19, 2024 SUBJECT: Surface Water Fund — 2024 Annual Small Drainage Program Project No. 82441201 ISSUE Approve a Contract with KPG Psomas Inc. for design and construction services for the 2024 Annual Small Drainage Program. BACKGROUND The Annual Small Drainage Program addresses surface water deficiencies that are identified through maintenance activities and citizen complaints. For the 2024 Annual Small Drainage Program, Public Works staff reviewed the list of known deficiencies and compiled a list of six project sites for 2024. The project sites are located on (1) 40th Ave S; (2) MacAdam Rd S (2x locations); (3) Strander Blvd; (4) S 116th Way, and 65th Ave S. Sites 2 and 3 will be constructed in 2024, sites 1, 4, and 5 will be constructed in 2025. DISCUSSION Three firms (KPG Psomas, Otak, and Pace) Statement of Qualifications were evaluated from the MRSC Consultant Roster. KPG Psomas was selected as the firm that best met the requirements due to their design and construction management services, work history with the City of Tukwila and project sites, and satisfactory performance on past projects. This contract includes design and construction services from KPG Psomas. FINANCIAL IMPACT The 2024 Small Drainage design ($110K), construction management ($110K) and construction ($700K) budget is $900,000. KPG Psomas' proposed fee for design and construction is $377,518; the fee is due to the number of sites, permitting, and studies for 40th Ave S, S 116th Way, and 65th Ave S. The funding shortfall of $157,518 will come from the 2024 construction budget; only three of the six sites are expected to go to construction in 2024, the other three in 2025. Consultant Fee Budget 2024 KPG Design and Construction Mgmt. Fee $377,518 2024 Design, Const. Mgmt., and Construction Budget $900,000 Totals: $377,518 $990,000 RECOMMENDATION Council is being asked to approve a Contract with KPG Psomas, Inc. for design and construction management services in the amount of $377,518 for the 2024 Small Drainage Program and to consider this item on the Consent Agenda at the May 6, 2024, Regular Council Meeting. Attachments: CIP Pg. 76; KPG Consultant Design and Construction Scope and LOE 105 W:\PW Eng\PROJECTS\A- DR Projects\Annual Small Drainage Programs12024 SDP (XXXXXXXX) CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Small Drainage Program Project No. 80041201 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 97 100 100 100 110 110 110 110 80 917 Const. Mgmt. 136 99 100 100 110 110 110 110 80 955 Construction 638 603 700 700 750 750 750 750 513 6,154 TOTAL EXPENSES 871 802 900 900 970 970 970 970 673 8,026 FUND SOURCES Awarded Grant 0 Proposed Grant 65 65 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 806 802 900 900 970 970 970 970 673 7,961 TOTAL SOURCES 871 802 900 900 970 970 970 970 673 8,026 2023 - 2028 Capital Improvement Program 101 EXHIBIT A-1 City of Tukwila 2024 Small Drainage Program City Project Number: 9204XXXX KPG Project Number: XXXXX Design Services Scope of Work v2 April 15, 2024 PROJECT DESCRIPTION The Consultant shall prepare final Plans, Specifications and Estimates for the 2024 Small Drainage Program as well as preliminary design and site reconnaissance for future 2025 Small Drainage Program. The project will include the following sites: Site 1: 13601 40t' Ave S - Upgrade failed conveyance stormwater conveyance at 42' Ave S to Southgate Creek Replace and install new storm drain system approximately 170 LF along with three drainage structures, modular wetland unit, and dissipation pad for outfall near upper Southgate Creek reach. Tie into the upstream existing system at 42nd Ave S. This site will require a SEPA and City of Tukwila Special Permissions Permit with project limits within Type 3 Watercourse Buffer. This site location was partially designed as part of the 2021 Small Drainage Program. It has been verified by WDFW that an HPA is not required as no work will occur within the OHWM of the stream. Site 2: MacAdam Rd S, south of S 144t' St Drainage System — Upgrade roadside ditch to stormwater conveyance system Remove existing 12" concrete pipe and structures and install new storm drain system approximately 340 LF of 12" pipe along with four drainage structures. Tie into the existing system. Regrade existing swale and ditchline. As parallel trench drain with perforated pipe to the closed conveyance system to maintain drainage capacity from surface runoff and swales. SEPA permitting will not be required. Site 3: MacAdam Rd S, north of S 144t' St - Revise driveway entrances to reduce ice formation on MacAdam Regrade up to three existing driveways that currently sheet flow runoff onto MacAdam Rd S. Add HMA thickened edge or HMA berm to direct driveway sheet flow into existing storm drainage system. Excavate and connect private storm pipe outlet into storm conveyance system (approximately 40 LF) with new Type 1 structure tee 'd into existing conveyance across driveway. Restore collected debris and sludge around existing catch basins on either end of the three driveways. SEPA permitting will not be required. Site 4: Strander & West Valley Hwy — Cured In Place Pipe (CIPP) for storwmwater conveyance pipe preservation due to tree root invasion Review City Maintenance CCTV and propose pipe cleaning, cured in place pipe lining (CIPP) and any necessary open excavation pipe spot repair for approximately 330 LF of pipe. While this storm conveyance pipe outfalls to the Green River, this project site will be exempt from SEPA and City of Tukwila Special Permissions Permit classified under maintenance project. Existing storm pipe may City of Tukwila 2024 Small Drainage Program Page 1 of 6 KPG Psomas, Inc. April 2024 107 EXHIBIT A-1 run through KC parcel and along City ROW. The existing storm conveyance pipe is under City of Tukwila Jurisdiction and City will manage all coordination with KC. Site 5: S 116t' Way from Tukwila International Blvd (TIB) to 3465 S 116t' Way — Groundwater and hillside seeps water producing roadway ice and pavement wear Study Review hillside runoff from the southwest side of S 116th Way. Review options to redirect runoff into storm conveyance system to prevent sheet flow and groundwater runoff onto asphalt shoulder and across travel lanes. Work includes subconsultant managing groundwater level testing and determining environmental permitting requirements for improvement work along roadway prism. Work will include Environmental Biologist site visit to determine any wetland delineation. Work also includes coordination with WSDOT for any work within limited access that may extend over to SR 99 off ramp and detention pond as well as coordination with City of Burien on interagency jurisdiction responsibilities. Site 6: 65' Ave S at Southcenter Blvd. — Groundwater seeps water producing roadway ice and pavement wear Study Review options to collect and infiltrate seeping groundwater from pavement along 65th Ave S. Work includes subconsultant managing groundwater level testing, reviewing existing utilities along project limits, and pavement repair. SEPA permitting will not be required. PROJECT GENERAL ASSUMPTIONS It is anticipated that Sites 2, 3, & 4 will be constructed as a single bid package for the 2024 Small Drainage Program as budget or other considerations allow. Site 1 will be designed to final bid design to secure environmental permitting and utility easements for the 2025 SDP bid package. Sites 5 and 6 will be designed through preliminary conceptual design with geotechnical and environmental reconnaissance to determine level of effort for future final design and construction costs. The Consultant shall provide surveyed base maps with horizontal utility locations, or base maps created from field measurements, ortho-photography, and GIS data as necessary for each site. If necessary, surveyed base maps will include right-of-way line work based on available public records. Project horizontal and vertical datum will be NAD83/2011 and NAVD88 respectively on all sites. The Consultant shall prepare a SEPA checklist and Special Permissions Permit when required at Site 1. No additional permits are anticipated within this scope for the other sites. The Consultant shall determine wetland delineation, if present, at Site 5. It is the Consultants understanding that none of these sites require biological assessments, additional permits, wetland delineations, geotechnical review, detention facilities, or water quality treatment facilities beyond those listed within project site descriptions. It is the Consultants understanding that aside from the proposed Site 1, all work will be completed within City right of way, existing easements, and/or approved temporary right of entry, and no further easement acquisition is anticipated. It is the Consultants understanding that the City will coordinate and secure right of entry and temporary access for any work for property restoration with the property owners. It is assumed this work will be completed during daytime working hours and a noise variance permit will not be required. City of Tukwila KPG Psomas, Inc. 2024 Small Drainage Program Page 2 of 6 April 2024 108 EXHIBIT A-1 It is the Consultants understanding that the City will coordinate and review any franchise utility submitted right of way use permits, construction permits, and temporary access for any work for utility location and relocation required to install the drainage improvements. SCOPE OF WORK TASK 1— 2024 Small Drainage Program Design 1.1 MANAGEMENT/COORDINATION/ADMINISTRATION • The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 20 months). • Hold monthly project coordination meetings with the City to update progress and review submittals. Assume (20) meetings. • The Consultant shall provide monthly status reports and billings. • The Consultant shall provide independent QA/QC reviews by senior in-house staff of all deliverables prior to submittal to the City. 1.2 Previously obtained mapping for Site 1 will be utilized. The Consultant shall prepare supplemental survey to Site 1 where design storm alignment is altered, and limits are extended. The Consultant shall prepare survey for Sites 2 and 3 to support design of replacement and proposed stormwater conveyance. Sites 4-6 currently do not have scoped survey and will utilize previous information, GIS mapping, and aerials to layout improvements. 1.3 For Site 1, based on approved 30% preliminary design layout, the Consultant shall prepare necessary easement and legal descriptions to acquire utility easement to existing City storm facilities. The City will review the project and easement needs to obtain approval from the property owner. The Consultant shall make necessary revisions to design based on easement conditions negotiated between the City and property owner and include the final design into the Bid Documents. For Site 5, the Consultant shall order property title report to confirm if existing City stormwater utility easement is present. Management Reserve will be used to prepare Legal Description and Figure if utility easement at Site 5 does not exist. • Deliverables o Legal Description and figure(s) for City Utility Easement (assume one (1) private parcel.) (pdf). o Site 5 parcel Title Report (pdf). 1.4 For Site 1, the Consultant shall prepare 50%, 90% and final design. This includes stormwater memorandum and modeling for the proposed water quality modular wetland unit. 1.5 For Site 2, the Consultant shall prepare 50%, 90%, and final design. 1.6 For Site 3, the Consultant shall prepare 50%, 90%, and final design. 1.7 For Site 4, the Consultant shall prepare 50%, 90%, and final design. City of Tukwila KPG Psomas, Inc. 2024 Small Drainage Program Page 3 of 6 April 2024 109 EXHIBIT A-1 1.8 For Site 5, the Consultant shall prepare 30% preliminary design. 1.9 For Site 6, the Consultant shall prepare 30% preliminary design. 1.10 The Consultant shall prepare 50% and 90% plan set review submittals for Sites 1-4. It is anticipated that Site 4 will be packaged into the 2024 Small Drainage Bid Package for Construction but will be ready for the 2025 SDP. 1.11 The Consultant shall conduct a site visit at Site 1, to characterize and delineate the OHWM of the Type 3 watercourse (stream) in the project area, to characterize the potential stream buffer impacts from the project. This task also includes time for wetland reconnaissance along the slope adjacent to Site 5, to determine if any seep wetlands are present. 1.12 The Consultant shall prepare a SEPA checklist for Site 1 due to land disturbing area within Type 3 watercourse Stream buffer. Consultant assumes Sites 2-4 do not require SEPA checklist. 1.13 The Consultant shall prepare City Special Permissions Permit for the 2024 Small Drainage Program requiring Special City review. This is anticipated to be for only Site 1 where project site location is within existing Type 3 watercourse Stream buffer. 1.14 The Consultant shall prepare Critical Areas Report (CAR), if triggered, at Site 1 to support the Special Permissions Permit. The critical areas study will be prepared according to the requirements of TMC 18.45 — Environmentally Critical Areas. It is anticipated that on -site buffer enhancement will serve as acceptable mitigation for impacts from the stormwater outfall/diffuser that will be located in the riparian buffer zone. The CAR will include a mitigation report with mitigation goals, objectives, performance standards, and monitoring commitments. This task also includes effort for the creation of up to two plan sheets, detailing the mitigation actions and including planting quantities and take offs. 1.15 The Consultant shall support their Geotechnical Subconsultant for Site 5 and 6 to measure groundwater levels to assist with recommendation of design solutions for seeping water and runoff collection. Monitoring will be done within rainy season and appropriate times to collect accurate data and per best engineer practices. Groundwater monitoring scope will be finalized and agreed upon between Consultant and City prior to any work completed within Task 1.15. This task includes site visit with Geotechnical Subconsultant prior to geotechnical testing. 1.16 The Consultant shall prepare the Contract Specification per 2024 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents for Sites 2,3,4. 1.17 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for the 50% and 90% Submittal as well as the Bid Documents for Sites 2,3,4. 1.18 The Consultant shall distribute preliminary mapping and 50% review submittals to franchise utility owners to identify potential conflicts within the Project limits. Notification and design coordination will continue through final design. (Assume one (1) site visit with franchise utilities). City of Tukwila 2024 Small Drainage Program Page 4 of 6 KPG Psomas, Inc. April 2024 110 EXHIBIT A-1 1.19 The Consultant shall prepare final Bid Documents for Sites 2,3,4 for the proposed improvements including the following: o Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. o Details will be prepared for items not available as standard details from the City, State, or WSDOT standard drawings. o The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, proposed invert elevations, rim elevations and required construction materials. o Drainage designs will be determined through consultation with City staff and from previous experience rather than detailed basin modeling. 1.20 The Consultant shall provide bid period services to include responses to bidder inquiries, preparation of addenda, and attendance at bid opening. The budget assumes a straightforward review process with the low bidder receiving the contract award. See Exhibit A-2 and B-2 for full construction services for 2024 SDP including bid period services for preparation of bid tabulation and recommendation to award or reject the apparent low bidder. • Deliverable Assumptions o The project will not involve work within wetlands or within the OHWM of any stream, therefore no WDFW HPA or Army Corps CWA 401/404 permits will be required. o Site visits will be limited to publicly accessible parcels and ROW. If private property access is required, the City will provide the Consultant appropriate Right of Entry permissions. o The project does not include wetland delineation or preparation of a CAR for Site 5. If the site reconnaissance determines there are wetlands adjacent to the project, a scope and budget amendment or management reserve funds will be required for delineation and permitting to support design improvements. o No federal funding is anticipated for the Project engineering or construction. o No utility upgrades beyond storm conveyance are anticipated in the project design. o This project will not require Drainage & Water Quality Reports except for Site 1 for sizing of modular wetland unit. o City to submit any environmental permitting applications. o Potholing of existing underground utilities will be completed by franchise utilities. The approval and construction and right of way permit reviews will be completed by City. o City to obtain easement approval and record easement for Site 1 with Consultant prepared legal description and figure. • Deliverables (all deliverables shall be electronic PDF unless otherwise noted) o Supplemental Survey Basemap for Site 1. o Survey Basemap for Site 2 and Site 3. City of Tukwila 2024 Small Drainage Program Page 5 of 6 KPG Psomas, Inc. April 2024 111 EXHIBIT A-1 o Legal Description and figure(s) for City Utility Easement (assume one (1) private parcel.) for Site 1 (pdf). o Title Report for Site 5 (pdf). o SEPA Checklist for Site 1. o Special Permissions Permit for Site 1. o Critical Areas Report for Site 1. o Drainage Memo for Site 1 for sizing of Modular Wetland Unit. o Geotechnical Memorandum with groundwater level collected data for Sites 5 & 6 (When Task 1.15 has been approved by City). o 30% review submittal with Plans and high level planning estimate for Sites 5 & 6. o 50% review submittal with Plans and Estimate for Sites 1- 4. o 90% review submittal with Plans, Specifications, and Estimate for Sites 1-4. o Bid Documents and Engineer's Estimate for Sites 2-4. (3 sets '/2 size plans, specs, and estimate and hard copies and electronic PDF) o Coordinate upload of Plans and Specifications to Builders Exchange. Management Reserve Services Included in this Contract's Management Reserve includes, but is not limited to: • Any additional services requested from the City to advance project through final design and construction. The above activities will require written authorization from City to access management reserve funds. Additional Services The City of Tukwila may require other services of the Consultant. These services could include additional design, right of way, utility potholing, environmental documentation, geotechnical exploration, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukwila 2024 Small Drainage Program Page 6 of 6 KPG Psomas, Inc. April 2024 112 KEG P G Lri J-A j EXHIBIT B-1 PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: Date: City of Tukwila 2024 Small Drainage Program (SDP) 9XXX0X0X00 4/10/2024 Task No. Labor Hour Estimate Total Hours and Labor Cost Computions by Task Task Description Principal Engineering Manager I Senior Engineer I Project Engineer I Design Engineer III Senior Project Manager Survey Survey Crew II (W/Equip) Field Surveyor III Project Surveyor II Senior Landscape Architect I Landscape Designer III Environmental Manager Managing Biologist Managing Biologist II Biologist III GIS Tech Document Control Specialist III Senior CAD Technician Business Manager Senior Admin Office Assistant $290.00 $226.00 $194.00 $166.00 $151.00 $250.00 $270.00 $151.00 $172.00 $181.00 $133.00 $226.00 $181.00 $202.00 $127.00 $87.00 $146.00 $139.00 $177.00 $139.00 $98.00 Hours Totals Task 1 1.1 Management / Coordination / Administration 6 24 8 2 20 60 $ 10,474.00 1.2 Survey & Base Maps 4 32 44 80 $ 16,284.00 1.3 Utility Easement 2 12 2 16 $ 2,842.00 1.4 Site 1 - 40th Ave S 2 8 32 24 4 12 2 84 $ 13,538.00 1.5 Site 2 - MacAdam Drainage 2 8 32 40 2 84 $ 13,634.00 1.6 Site 3 - MacAdam Driveways 6 16 24 2 48 $ 7,722.00 1.7 Site 4 - Strander CIPP 8 24 24 2 58 $ 9,438.00 1.8 Site 5 - S 116th Way - Preliminary concept design 8 16 24 2 4 2 56 $ 9,004.00 1.9 Site 6 - 65th Ave S - Preliminary concept design 8 16 24 2 50 $ 8,110.00 1.10 50% and 90%; Sites 1-4, Bid Submittals; Sites 2-4 4 16 32 12 64 $ 9,932.00 1.11 Site Visit and Enviro Reconissance 2 12 8 22 $ 3,640.00 1.12 Prepare SEPA Checklist; Site 1 2 2 24 4 2 34 $ 6,166.00 1.13 Prepare City Special Permission Permit; Site 1 2 2 20 24 $ 4,460.00 1.14 Prepare CARA; Site 1 2 2 36 4 44 $ 7,704.00 1.15 Groundwater Testing; Sites 5 & 6 8 8 16 $ 2,880.00 1.16 90% Contract Specifications; Sites 1-4 16 8 8 32 $ 5,600.00 1.17 Quantity and Cost Estimating ; Sites 1-6 2 8 24 24 58 $ 9,612.00 1.18 Utility Coordination 4 16 20 $ 3,432.00 1.19 Finalize Bid Documents; Sites 2-4 8 16 16 2 42 $ 6,902.00 1.20 Bid Period Services 4 4 2 4 14 $ 2,134.00 Task Total 0 12 128 236 234 6 32 44 12 6 16 8 92 4 8 6 8 28 2 20 4 906 $ 153,508.00 Total Labor Hours and Fee 0 12 128 236 234 6 32 44 12 6 16 8 92 4 8 6 8 28 2 20 4 906 $ 153,508.00 Subconsultants Geotechnical Task 1.15 $ 35,000.00 Utility Locate Services Task 1.02 $ 3,000.00 Subtotal $ 38,000.00 Total Subconsultant Expense $ 38,000.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 300.00 Title Report Site 4 $ 750.00 Reproduction Allowance $ 100.00 Total Reimbursable Expense $ 1,150.00 Management Reserve $ 25,000.00 Total Estimated Budget $ 217,658.00 113 EXHIBIT A-2 City of Tukwila 2024 Small Drainage Program City Project Number: xxxxxxxx KPG Psomas Project Number: xxxxxxxx Construction Management Services Scope of Work vl April 15, 2024 KPG Psomas will provide construction management services for the construction contract to complete the City of Tukwila 2024 Small Drainage Program Project. The proposed work includes: Site 2: MacAdam Rd S, south of S 144' St Drainage System — Upgrade roadside ditch to stormwater conveyance system Remove existing 12" concrete pipe and structures and install new storm drain system approximately 340 LF of 12 " pipe along with four drainage structures. Tie into the existing system. Regrade existing swale and ditchline. As parallel trench drain with perforated pipe to the closed conveyance system to maintain drainage capacity from surface runoff and swales. SEPA permitting will not be required. Site 3: MacAdam Rd S, north of S 144t' St - Revise driveway entrances to reduce ice formation on MacAdam Regrade up to three existing driveways that currently sheet flow runoff onto MacAdam Rd S. Add HMA thickened edge or HMA berm to direct driveway sheet flow into existing storm drainage system. Excavate and connect private storm pipe outlet into storm conveyance system (approximately 40 LF) with new Type 1 structure tee 'd into existing conveyance across driveway. Restore collected debris and sludge around existing catch basins on either end of the three driveways. SEPA permitting will not be required. Site 4: Strander & West Valley Hwy — Cured In Place Pipe (CIPP) for storwmwater conveyance pipe preservation due to tree root invasion Review City Maintenance CCTV and propose pipe cleaning, cured in place pipe lining (CIPP) and any necessary open excavation pipe spot repair for approximately 330 LF of pipe. While this storm conveyance pipe outfalls to the Green River, this project site will be exempt from SEPA and City of Tukwila Special Permissions Permit classified under maintenance project. Existing storm pipe may run through KC parcel and along City ROW. The existing storm conveyance pipe is under City of Tukwila Jurisdiction and City will manage all coordination with KC. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The level of service and fee is based on project duration of 35 working days. City of Tukwila 2024 Small Drainage Program Construction Management Services Page 1 of 9 KPG Psomas April 15, 2024 114 EXHIBIT A-2 • The proposed project team will include a part time Project Manager (1 hrs a week) part time Resident Engineer (15 hours a week), one full time Construction Inspector (45 hours a week), a part time Documentation Specialist (20 hours a week), and one part time Project Engineer from KPG Psomas's design team to review submittals and interpret Contractor inquiries, as needed. The team also includes a sub -consultant to provide services for materials testing and construction site observation to satisfy Tukwila Municipal Codes for work within certain soil classifications. • City will review and execute the insurance, bonds, and the Construction Contract. • Consultant will coordinate during audits or traffic control operations related to project impacts and help the City to complete any other required correspondence with outside agencies. • The City will work with the Contractor to conduct all community outreach in relation to phasing and direct impacts due to construction. The City's Contractor shall be responsible for the communication to the community on schedule and work activities. • KPG Psomas design engineers will be available during construction to answer questions and review RAM's, shop drawings, and answer RFI's. • Consultant services will be performed in accordance with the WSDOT Construction Manual, Contract plans & special provisions, and City of Tukwila engineering standards. • The franchise Utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems if necessary. • Coordination of construction with franchise utilities, if any, will be done by City Contractor. Consultant will help facilitate coordination between utilities and Contractor as needed or requested by City. II. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for, and ultimately that the City of Tukwila receives a successful review by any outside agency including state audits at the end of the Project. TASK 1— MANAGEMENT / COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. City of Tukwila 2024 Small Drainage Program Construction Management Services Page 2 of 9 KPG Psomas April 15, 2024 115 EXHIBIT A-2 1.2 Review monthly expenditures and CM team scope activities. Prepare and submit monthly project progress reports to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables: • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Assist City with the Award Process: KPG Psomas will provide support to attend bid opening, tabulate bid tabs, and provide recommendation letter for Award. 2.2 Administrative Services up to Contractor Notice to Proceed (NTP): KPG Psomas will provide support startup of the project with any miscellaneous administrative needs not specifically outlined in items 2.2 — 2.9, which are further detailed below. 2.3 Preconstruction (PreCon) Photos: KPG Psomas staff shall collect and log a comprehensive set of precon photos, prior to City Contractor mobilizing to the site, for the purpose of documenting pre-existing site conditions. These shall be delivered to the City in digital form as part of the final project files. 2.4 Review Plans and Specs: KPG Psomas staff shall familiarize themselves with all plans, specs, and City standards that will be incorporated into this project, in order to familiarize themselves with project limits, elements of work to be performed, measurement and payment, and other project - specific considerations, prior to the first working day. 2.5 Prepare Hard and Electronic Files: The Consultant will prepare all electronic and hard copy files in preparation for the project. SharePoint will not be utilized on this contract. 2.6 Prepare Record of Materials (ROM): Consultant shall modify WSDOT-provided ROM, to align with LAG manual exceptions and to improve ease of use by all project parties. In the absence of a WSDOT-provided ROM, KPG Psomas can generate a ROM from scratch, however creation of a complete project ROM is outside the scope of the current budget and may require a supplement. 2.7 Preconstruction Conference: KPG Psomas will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices or via an on-line platform of the City's choice. The Consultant's team will attend the preconstruction conference. Pertinent City staff and private utilities will also be present at this meeting. KPG Psomas will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Preconstruction conference, the Consultant shall help facilitate discussions with the Contractor concerning the plans, specifications, schedules, pay estimate timelines and cutoff dates, issues with utilities, any unusual conditions, State and local requirements and any other items that will result in better project understanding among the parties involved. City of Tukwila 2024 Small Drainage Program Construction Management Services Page 3 of 9 KPG Psomas April 15, 2024 116 EXHIBIT A-2 2.8 Prepare Templates: KPG Psomas will pre -populate all electronic forms, either Consultant or City provided, in preparation for contract administration. This includes pay estimate templates, weekly working days statements, inspector daily reports, change management tracking templates, etc. 2.9 Utility Coordination: Consultant will assist with external and internal communications regarding utility coordination required for successful completion of the project, including utility relocations, required service interruptions, etc. Deliverables: • Preconstruction conference meeting minutes • Pre -construction Photos TASK 3 — CONSTRUCTION SERVICES - FIELD 3.1 Construction Observation: The Consultant will provide one (1) inspector during construction activities and other tasks necessary to monitor the progress of the work. The Inspector will ensure that the daily inspection reports and working days reporting are completed in a timely manner and contain sufficient information to assess whether the work is being conducted in compliance with the Contract Documents per City, WSDOT,. Consultant will make IDR's available to the City by Friday of the same work week upon request. The Inspector may perform the following duties as a matter of his daily activities: i. Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non -conforming work observed. iii. Document all material delivered to the job site in accordance with the Contract Documents. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. v. Interpret Contract Documents in coordination with the City, Contractor, and KPG Psomas. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Support the Contractor's communication and responsibilities to answer questions from property owners and the general public as needed. viii. Monitor compliance of approved permits per the project specifications, if applicable. ix. Prepare field records and documents to ensure the Project is administered in accordance with the plans and specifications. City of Tukwila 2024 Small Drainage Program Construction Management Services Page 4 of 9 KPG Psomas April 15, 2024 117 EXHIBIT A-2 x. Collect and calculate delivery tickets and scaleman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10- 2). xi. Attend and actively participate in regular on -site weekly construction meetings. xii. Take digital photographs during the course of construction, and record locations. Assumptions: • Consultant will provide observation services for the days/hours that the contractor's personnel are on -site. • Assumption is Client's Contractor shall work normal 40-hour work weeks. For this project the "normal" work week may occur at night. KPG Psomas does not differentiate day shift from night shift. However, if the City's Contractor works a double shift (both day and night) within a single 24-hour period this will constitute two working days. Consultant's hours for inspection are based on one shift for number of working days allowed per Contract. • Assumption is if Contractor is working at multiple sites within the City of Tukwila, the Consultant will split their time at the multiple locations and prioritize what location to be at for observation. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the client, as detailed in the Contract Documents. Deliverables: • Daily Construction Reports with project photos. • Field Note Records for all field -measurable pay items. TASK 4 — CONSTRUCTION SERVICES — OFFICE 4.1 Construction Management Office Support: Original documentation will be housed at the Consultant's office and filed in accordance with standard filing protocol. Document Control will consist of the following: a. Project Coordination: Liaison with City, construction Contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. b. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. City of Tukwila 2024 Small Drainage Program Construction Management Services Page 5 of 9 KPG Psomas April 15, 2024 118 EXHIBIT A-2 c. Submittals: Consultant shall take lead on submittal reviews/ approvals. Consultant shall coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Submittals shall be logged and tracked by Consultant. d. Requests for Information (RFI): Consultant shall review and respond to RFI' s. RFI' s shall be logged and tracked by Consultant. e. Weekly Meetings: Consultant will lead weekly meetings. Consultant will prepare agenda for City review and distribute meeting minutes to attendees. Outstanding issues to be tracked on a weekly basis. Weekly Statement of Working Days will be reviewed/accepted by Contractor during the Weekly Meeting. f. Change Orders: The Consultant will develop change orders and the Consultant will provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. The City will approve all change orders before being fully executed. Each change order will be executed in accordance with WSDOT Standard Specifications. g. Field Work Directives: The Consultant will prepare field work directives as necessary to keep the Contractor on schedule. h. Force Account: The Consultant will track Contractor force account labor, equipment and materials. All force account calculations will be verified by the City and double checked by the Consultant. The City shall have final authority to approve any Force Account work prior to agreement with the Contractor. J• Schedule Review: Consultant shall perform review of initial Contractor provided CPM for conformance with the Contract Documents. Any discrepancies, conflicts or unreasonable work durations will be brought to the attention of the Contactor and City. Consultant will provide one (1) intermediate review of Contractor's updated schedule and compare with field -observed progress and duration of the project. Lump Sum Breakdown: Consultant shall evaluate construction Contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated. k. Monthly Pay Requests: Consultant shall prepare monthly requests for Contractor payment based on field note records prepared by Consultant field inspector in accordance with contract documents. 1. Weekly Statement of Working Days: Consultant shall prepare, and issue weekly statement of working day report each week to the Contractor and City for review and approval. Weekly statement of working days will be based on field inspection reports provided by Consultant. City of Tukwila 2024 Small Drainage Program Construction Management Services Page 6 of 9 KPG Psomas April 15, 2024 119 EXHIBIT A-2 m. Subcontractor Documentation: Process / approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG Psomas's subcontractor logs. 4.2 Construction Management Field Paperwork: Consultant shall review and assist with processing of field paperwork from the Inspector and Contractor for tracking and documentation. 4.3 Certified Payroll: The Consultant will process and check the Contractor and Subcontractor's certified payroll per State Prevailing Wage Requirements. Tracking of payroll shall consist of recording each payroll received from the Prime and Subcontractors and checking pay rates against Contract requirements. Any discrepancies will be brought to the Contractor and City. 4.4 Utility Coordination: The Consultant will assist with external and internal communications regarding utility coordination required for successful completion of the project, including utility relocations, required service interruptions, etc. (Assume 2 hours per working week) Deliverables: • Approved Submittals and Submittal log • Responded RFIs and RFI Log • Weekly Meeting minutes • Fully -executed Change Orders and Field Work Directives, with Change Management Log • Force Account Documentation and Tracking Log • Fully -executed Monthly Progress Payments • Subcontractor Packets • Weekly Statements of Working Days • Certified Payroll Tracking Log (hard copy binder not included) • Contractor -generated As-builts, if required by Contract All other project documentation generated during the course of project construction duration. TASK 5 — PROJECT CLOSEOUT 5.1 Closeout Office Support: Consultant shall assist with generation of closeout documentation and pursuit of successful project final completion, as detailed below: a. Substantial Completion Letter: Following full and unrestricted use of the project status being obtained by the Contractor and agreed to by the City, Consultant shall draft Substantial Completion Letter on City letterhead, for issuance to Contractor. City of Tukwila KPG Psomas 2024 Small Drainage Program Construction Management Services Page 7 of 9 April 15, 2024 120 EXHIBIT A-2 b. Physical Completion Letter: Following completion of all punch list work verified by the Consultant and any stakeholders required the Consultant shall prepare physical completion letter to the Contractor and the City shall issue the final contract voucher. c. Final Pay Estimate: Consultant shall prepare final payment estimate, along with any final quantity adjustments needed to existing bid items, for issuance to Contractor, in conjunction with the final contract voucher, issued by the City. 5.2 Closeout Inspection and Punchlist: Consultant shall assist in a punchlist walkthrough with Contractor, City staff, and any other necessary agencies for the purposes of developing a final project punchlist. The Consultant shall assemble walkthrough comments and provide the preliminary list to the City for concurrence, prior to issuing the list to the Contractor. On notification of completion of the punchlist, Consultant shall perform a final walkthrough to confirm satisfactory completion of all items on the list and shall note any remaining discrepancies. Subsequent project walkthroughs are beyond the scope of this agreement, but will be accommodated should the request be made by the City, and sufficient remaining budget allows. 5.3 Certified Payroll Closeout: Consultant shall attempt to ensure that all certified payrolls and affidavits of wages paid are current and complete at the time of project physical completion. This will include regular checks of the L&I portal and frequent reminders to the Contractor to provide any missing information in a timely manner. As the task of gathering the final documentation from Contractors and their Subcontractors can sometimes be an extended process, outside the control of the City or Consultant, after 8 weeks post -physical completion, the Consultant shall perform a final status update of the CP tracking log, along with memos to file of any missing documentation, and shall hand off the remaining verification process to the Client. 5.4 Prepare Documentation to Deliver to City: Consultant shall perform QA/QC on all project documentation deliverables as outlined in Task 4.1, as well as any documentation generated in the course of completion of Task 5, and shall transfer all project documents to the City for permanent storage. • Substantial Completion Letter • Physical Completion Letter • Final Payment Invoice • Project Punchlist • Final Project Documents TASK 6— SUBCONSULTANTS 6.1 Material Testing: HWA Material Testing will be retained as KPG Psomas's subconsultant to provide material testing and construction observation services. All testing will be done in accordance with LAG Manual and WSDOT Construction Manual, or at a desired reduced frequency as -directed by City project manager. City of Tukwila 2024 Small Drainage Program Construction Management Services Page 8 of 9 KPG Psomas April 15, 2024 121 EXHIBIT A-2 TASK 7 — ADDITIONAL SERVICES 7.1 Management Reserve: Additional services requested by the City will be performed only when authorized by the City. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach (except as completed on a day-to-day basis by the inspector and resident engineer as described in task 3.1 — vii), Public Meetings, Ribbon Cutting Ceremony, claims analysis, surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. This fee is based 35 working day contract, with 10 additional reduced -effort days for startup and 20 additional reduced -effort days for closeout, for a total of 65 days / 13 weeks, 8-hour days, additional extension of days will be approximately $1,136.00 per day for one person. (8 hours x $142.00 = $1,136.00) City of Tukwila 2024 Small Drainage Program Construction Management Services Page 9 of 9 KPG Psomas April 15, 2024 122 }CFPG P5aMA5 EXHIBIT B-2 PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: xxxx working days + 2 week startup and 4 weeks closeout Date: City of Tukwila 2024 SDP 9XXX0X0X00 4/15/2024 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Computations by Task n 5- Senior Engineer I Senior Engineer II Project Engineer I Project Engineer II Managing Biologist Senior Construction Manager Construction Manager Senior Resident Engineer Resident Engineer Assistant Resident Engineer Senior Construction Observer Construction Observer I Construction Observer II Construction Observer III Construction Technician Document Control Specialist I Document Control Specialist II Document Control Specialist III Document Control Admin Construction Assistant Business Manager Senior Admin Office Admin Office Assistant 290 194 205 166 187 181 244 196 188 154 136 190 106 130 142 97 115 135 146 104 91 177 139 110 98 Hours Totals Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 Project Management and Administrative Services 8 4 12 $ 2,392.00 1.2 Prepare, review and submit monthly expenditures 8 4 12 $ 2,392.00 Task Total 0 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 24 $ 4,784.00 Task 2 - Administrative Services up to Contractor Notice to Proceed (NTP) (2 Weeks) 2.1 Assist City with Award Process 6 8 24 38 $ 6,472.00 2.2 Administrative Services up to Contractor Notice to Proceed 4 4 12 10 30 $ 5,440.00 2.3 PreCon Photos 4 4 $ 568.00 2.4 Review Plans and Specs 4 8 4 16 $ 2,472.00 2.5 Prepare Hard and Electronic Files 4 8 12 $ 1,920.00 2.6 Prepare ROM 4 8 12 $ 1,920.00 2.7 Prepare PreCon Agenda 4 8 12 $ 1,920.00 2.8 Prepare Templates 4 8 12 $ 1,920.00 2.9 Utility Coordination 4 4 8 $ 1,336.00 Task Total 0 0 0 0 4 0 10 0 44 0 0 0 0 0 12 0 0 0 74 0 0 0 0 0 0 144 $ 23,968.00 Task 3 - Provide Field Inspection for Each of the Project's Working Days (7 Weeks) 3.1 'Construction Inspection 315 315 $ 44,730.00 Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 315 0 0 0 0 0 0 0 0 0 0 315 $ 44,730.00 Task 4 - Construction Management (CM) and Administrative Services. NTP to Project Closeout. (7 Weeks) 4.1 Construction Management Office Support 16 3 63 105 187 $ 30,898.00 4.2 Construction Management Field Paperwork 2 42 35 79 $ 13,494.00 4.3 Certified Payroll 28 28 $ 2,912.00 4.4 Utility Coordination 2 14 16 $ 3,120.00 Task Total 0 16 0 0 16 0 7 0 119 0 0 0 0 0 0 0 0 0 140 28 0 0 0 0 0 310 $ 65,106.00 Task 5 - Project Closeout (4 Weeks) _ 5.1 Construction Management Office Support 20 24 44 $ 7,264.00 5.2 Construction Management Field Paperwork/Inspection 4 24 28 $ 4,160.00 5.3 Certified Payroll Closeout 6 6 $ 624.00 5.4 Prepare Documentation to Deliver to City 24 24 $ 3,504.00 Task Total 0 0 0 0 0 0 0 0 24 0 0 0 0 0 24 0 0 0 48 6 0 0 0 0 0 102 $ 15,552.00 Task 6 - Materials Testing 6.1 (Subcontract with Material Tester 0 $ - Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - Task 7 - Management Reserve 7.1 'Upon City Authorization Only 0 $ - Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - Total Labor Hours and Fee 0 3,104 0 0 3,740 0 8,052 0 35,156 0 0 0 0 0 49,842 0 0 0 38,252 3,536 0 0 0 880 0 895 $ 154,140.00 Subconsultants Material Testing Task 6.1 $ 5,000.00 Subtotal $ 5,000.00 Total Subconsultant Expense $ 5,000.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 720.00 Reproduction Allowance $ - Total Reimbursable Expense $ 720.00 Management Reserve $ - Total Estimated Budget $ 159,860.00 123 124 TO: FROM: BY: DATE: SUBJECT: City of Tukwila Pith k Works Deportment - Hari Ponnekanti, Director/City Engineer Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Mayor Thomas McLeod Hari Ponnekanti, Public Works Director Joshua Hopkins, Surface Water Project Manager April 19, 2024 Surface Water Fund - Riverton Creek Flapgate Removal Project Project Number 99830103, Contract No. 20-052 Change Order No. 4 ISSUE Approve Change Order No. 4 to Contract No. 20-052 with R.L. Alia Company BACKGROUND This project restored fish access to Riverton Creek and previously inaccessible rearing habitat at the confluence with the Duwamish River. DISCUSSION This change order accounts for overruns ($34,339.83) incurred in association with CO #3 Tasks 3.1 & 3.2; mark-ups ($25,292.03) on labor, equipment, materials, and sub -contractors not included in CO#3 Estimate; and sales tax ($6,621.96) for the overruns and mark-ups. Tasks 3.1 and 3.2 cost overruns were due to unforeseen complications with production rates associated with site conditions and the complexity of fabricating and fitting custom replacement cover plates. Mark-ups were inadvertently omitted from CO #3 Estimate. CO#4 includes 10% contingency ($6,631.06). The total cost of CO#4 is $72,285.08. FISCAL IMPACT Change order No. 4 includes compensation estimated at $72,285.08, raising the tax -inclusive contract from $1,653,593.86 to $1,884,286.37. This project cost (72,285.08) over contingency, in addition to CO#3 costs over contingency ($8,080.71), will be funded through the Utility Revenue ($80,365.79). Bid Amount Contingency (10%) Change Orders #1-3 Change Order #4 Utility Revenue Funding from 205 Levee Certification Grants (CWM, Opp, RCO) Total Encumbered $1,503,267.15 $150,326.71 $158,407.42 $72,285.08 Budget $517,611.79 $344,780.57 $1, 021, 894.00 $1,884,286.36 $1,884,268.36 RECOMMENDATION The Mayor, as signatory of the original contract, is being asked to approve and sign Change Order No. 4 with an estimated increase of $72,285.08 and 18 working days. Attachments: • CIP pg 93.pdf • Change Order No. 4. 125 W:1PW Eng1PROJECTSIA- DR Projects\Riverton Flap Gate Removal (99830103 98-DR03)1Construction\Change Orders\CO#4 Sheet 1 of 1 CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 4 DATE: April 11, 2024 BUDGET NO.: 412.98.594.382.65.00 PROJECT NO.: 99830103 CONTRACT NO.: 20-052 PROJECT NAME: Riverton Creek Flapgate Removal Project TO: R.L. Alia Company You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; C. All claims against the "Owner" which are incidental to or as a consequence of this change are waived; and D. The Contractor must submit all Field Overhead and Home Office Overhead Rates for approval in advance of all change orders. CHANGE: See Attached Exhibit "A" We the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above and below. ACCEPTED: Date Contractor By Title Original Contract (with tax) $ 1,503,267.15 APPROVED BY THE CITY OF TUKWILA Previous Change Orders & Contingency $ 308,734.13 Date This Change Order (with tax) $ 72,285.08 By Mayor REV. CONTRACT AMOUNT $ 1,884,286.36 Original Contract Time: 115 Working Days Additional Contract Time for previous Change Orders: 63 Days City Engineer Additional Contract Time for this Change Order: 18 Days Updated Contract Time: 196 Working Days ORIGINAL: City Clerk (1 of 2) cc: Finance Department (w/encumbrance) Contractor (2 of 2) Project Management File 1?2ge 1 of 4 PROJECT NO.: 99830103 PROJECT NAME: Riverton Creek Flapgate Removal Project DESCRIPTION OF WORK CONTRACT NO.: 20-052 This change order accounts for overruns incurred in association with CO #3 Tasks 3.1 and 3.2; mark-ups on labor, equipment, materials, and subcontractors for Tasks 3.1, 3.2, and 3.3 (not included in CO#3 Estimate); and sales tax for the overruns and mark- ups. • 3.1 Replacement Cover Plates for Tie -Back Penetrations by Force Account • 3.2 Repair Expansion Joint between Existing Retaining Wall and Tukwila Intl. Bridge SW Bridge Abutment by Force Account • 3.3 Surface Preparation and Coating for Previously Buried Portion of Wall #1 and Replacement Cover Plates by Lump Sum 3.1 Replacement Cover Plates for Tie -Back Penetrations This work consists of mobilization, temporary pedestrian traffic control, site preparation and site restoration, temporary scaffolding, removing existing cover plates, welding, and grout tubes, preparing sheet pile wall surface to bare metal, prime coat application, and installing new cover plates per provided Cover Plate Details (Sheet 19A, File No. S1.3A). 3.2 Repair Expansion Joint between Existing Retaining Wall and Tukwila Intl. Bridge Southwest Bridge Abutment This work consists of removing existing joint sealer and dirt from the joint and installing new joint sealer. 3.3 Surface Preparation and Coating for Previously Buried Portion of Wall #1 and Replacement Cover Plates This work consists of mobilization, containment of abrasives, collecting, testing and disposal of containment waste, preparing the sheet pile wall to bare metal, and application of coating system. This work shall comply with WSDOT 2020 Standard Specifications in Section 6-07. MATERIALS All materials shall be in accordance with the provided Cover Plate detail, current contract specifications or as approved by the Engineer. CONSTRUCTION REQUIREMENTS The Contractor shall perform the work in accordance with the provided Cover Plate detail, current contract plans and specifications or as approved by the Engineer. MEASUREMENT AND PAYMENT 3.1 "Replacement Cover Plates for Tie -Back Penetrations" will be paid in accordance with WSDOT 2020 Standard Specification Section 1-09.6 CONTRACT TIME Contract time shall be extended by (18) working days as a result of this change order. 127 The total cost of Change Order #4 is $72,285.08. Change Order #4 Summary: CO#3 Tasks 3.1 and 3.2 overruns amount to $34,339.83, an 80.8% increase in direct costs over estimated costs, and accounts for 52% percent of CO#4. Mark-ups in the amount of $25,292.03 and sales tax in the amount of $6,022.76 account for 39% and 9% of CO#4, respectively. Tasks 3.1 and 3.2 cost overruns were due to unforeseen complications with production rates associated with site conditions and the complexity of fabricating and fitting custom replacement cover plates. Mark-ups were inadvertently omitted from CO #3 Estimate. CO#4 Estimate includes 10% contingency ($6,631.06). Table 1. CO#4 Summary — Three Invoice from RL Alia for Time and Materials # Invoice Date Total 1 RL Alia Time & Materials 11/28/23 to 12/22/23 $39,072.85 2 RL Alia Time & Materials 01/03/24 to 02/26/24 $28,360.05 3 RL Alia Time & Materials 03/14/24 to 03/29/24 $4,057.39 Sub -Total: $71,490.29 Sales Tax 10.1 % $7,220.52 Sub -Total: $78,710.81 CO#3 Credit Balance: -($13,056.79) Sub -Total: $65,654.02 CO#4 Contingency: $6,631.06 CO#4 Total: $72,285.08 Table 2. Change Order #3 Summary of Quantities (in grey), Payments, and Balance Item Item Description Qty Unit Unit Price Item Cost 3.1 Replacement Cover Plates for Tie -Back Penetrations 1 EST. $41,500.00 $41,500.00 3.2 Repair Expansion Joint between Existing Retaining Wall and Tukwila Intl. Bridge SW Bridge Abutment 1 EST. $1,000.00 $1,000.00 3.3 Surface Preparation and Coating for Previously Buried Portion of Wall #1 and Replacement Cover Plates 1 LS $37,553.60 $37,553.60 - $9,508.80 (RL Alia's Share) = $28,044.20 Est. Total Coast: $70,544.20 CO#3 Sales Tax: $7,125.82 CO#3 Total: $77,669.82 CO#315t Payment (PE#16): $64,613.03 CO#3 Balance: $13,056.79 128 Table 3. CO #3 Summary of Quantities (in grey) and CO#4 Overruns Mark-ups, and Sales Tax Item # Item Description Qty Unit Unit Price Item Cost Overruns Mark -Up (Original + Overrun) Sales Tax (Original + Overrun) Grand Totals: 3.1 Replacement 1 EST. $41,500.00 $41,500.00 Cover Plates for Tie -Back Penetrations $34,339.83 $21,926.72 $9,975.42 $108,741.97 3.2 Repair 1 EST. $1,000.00 $1,000.00 Expansion Joint between Existing Retaining Wall and Tukwila Intl. Bridge SW Bridge Abutment 3.3 Surface 1 LS $37,553.60 $37,553.60 Preparation and - $0.00 $3,365.30 $3,172.36 $34,581.86 Coating for $9,508.80 Previously (RL Alia's Buried Portion Share) = of Wall #1 and $28,044.20 Replacement Cover Plates Est. Total Coast: $70,544.80 $34,339.83 $25,292.03 $13,147.78 $143,323.84 CO#3 Sales Tax: $7,125.02 $-7125.02 CO#3 Total: $77,669,82 -$77,669.82 CO#4 Sub -Totals: $34,339.83 $25,292.03 $6,022.76 $65,654.62 CO#4 Total: Verification: $65,654.02* *_ $0.60 difference not found. 129 CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS Riverton Creek Flapgate Removal Project Project No. 9980103 PE # 17 3/4/2024 Pay Pd. Item 8/1/2023 Description of item to 1 1 /3/2023 Qty Unit Price Contract Amount Quantity this Esti mate Previous Quantity ORIGINAL CONTRACT AMOUNT CHANGE ORDERS OR ADJUSTMENTS: ADJUSTED CONTRACT AMOUNT: NOTICE TO PROCEED: CONTRACT (CALENDAR) DAYS: CHANGE ORDER / WEATHER DAYS SCHEDULED COMPLETION DATE: Quantity to Date Percent Complete Amount Due This Estimate Previous Amount $1,503,267.15 $78,159.78 $1,581,426.93 7/10/2020 115 0 12/23/2020 Total Amount to Date Schedule A Bridge 1 Mobilization 1 LS $82,000.00 $82,000.00 0.00 1.00 1.00 100.00% $0.00 $82,000.00 $82,000.00 2 Contractor Surveying 1 LS $18,000.00 $18,000.00 0.00 1.00 1.00 100.00% $0.00 $18,000.00 $18,000.00 3 Unexpected Site Changes 1 FA $15,000.00 $15,000.00 0.00 1.09 1.09 109.34% $0.00 $16,400.46 $16,400.46 4 Temp Traffic Control 1 LS $15,000.00 $15,000.00 0.00 1.00 1.00 100.00% $0.00 $15,000.00 $15,000.00 5 Temp TrafContr Private Prop 1 LS $10,000.00 $10,000.00 0.00 0.95 0.95 95.00% $0.00 $9,500.00 $9,500.00 6 SPCC 1 LS $500.00 $500.00 0.00 1.00 1.00 100.00% $0.00 $500.00 $500.00 7 Riverton Creek Bridge 1 LS $140,000.00 $140,000.00 0.00 1.00 1.00 100.00% $0.00 $140,000.00 $140,000.00 8 Clean/Weld Piles to WallCap 10 LF $250.00 $2,500.00 0.00 10.00 10.00 100.00% $0.00 $2,500.00 $2,500.00 9 Structural Carbon Steel 1 LS $60,000.00 $60,000.00 0.00 1.00 1.00 100.00% $0.00 $60,000.00 $60,000.00 10 Fum&Drive Test Steel Pile 1 EA $7,000.00 $7,000.00 0.00 1.00 1.00 100.00% $0.00 $7,000.00 $7,000.00 11 Fumishing St. Piling 306 LF $50.00 $15,300.00 0.00 282.50 282.50 92.32% $0.00 $14,125.00 $14,125.00 12 Driving St. Piling 11 EA $2,000.00 $22,000.00 0.00 11.00 11.00 100.00% $0.00 $22,000.00 $22,000.00 13 Bridge Railing ChnLinkFence 108 LF $100.00 $10,800.00 0.00 144.00 144.00 133.33% $0.00 $14,400.00 $14,400.00 14 Clean&Paint Wall 1 1 LS $30,000.00 $30,000.00 0.00 1.00 1.00 100.00% $0.00 $30,000.00 $30,000.00 15 Remo SoldierPile Shft Obstrc 1 FA $8,000.00 $8,000.00 0.00 0.00 0.00 0.00% $0.00 $0.00 $0.00 16 Shaft-24 inch Diameter 530 LF $212.55 $112,651.50 0.00 532.75 532.75 100.52% $0.00 $113,236.01 $113,236.01 17 Fum Soldier Pile HP 12X84 710 LF $123.00 $87,330.00 0.00 731.00 731.00 102.96% $0.00 $89,913.00 $89,913.00 18 Conrete Lagging 1,020 SF $70.00 $71,400.00 0.00 1,020.00 1,020.00 100.00% $0.00 $71,400.00 $71,400.00 19 Permanent Ground Anchor 18 EA $6,500.00 $117,000.00 0.00 18.00 18.00 100.00% $0.00 $117,000.00 $117,000.00 20 Perm GrndAnch Pert Test 3 EA $1,250.00 $3,750.00 0.00 3.00 3.00 100.00% $0.00 $3,750.00 $3,750.00 21 Perm GrndAnch Verify Test 2 LS $3,000.00 $6,000.00 0.00 2.00 2.00 100.00% $0.00 $6,000.00 $6,000.00 CO - 1 Wall 1 and Work Suspensiion Equitable Adjustment 1 LS $47,808.17 $47,808.17 0.00 1.00 1.00 100.00% $0.00 $47,808.17 $47,808.17 CO - 3 Wall 1 Replacment Cover Plates, Cleaning and Painting and Void Rep 1 LS $70,544.20 $70,544.20 0.5109 0.00 0.51 51.09% $36,044.05 $58,685.77 $94,729.82 Roadway 22 Clearing and Grubbng 1 LS $10,000.00 $10,000.00 0.00 1.00 1.00 100.00% $0.00 $10,000.00 $10,000.00 23 Removal Structure&Obstruct 1 LS $2,500.00 $2,500.00 0.00 1.00 1.00 100.00% $0.00 $2,500.00 $2,500.00 24 Remove Existing RetainWall 1 LS $10,000.00 $10,000.00 0.00 1.00 1.00 100.00% $0.00 $10,000.00 $10,000.00 25 Channel Excavation&Haul 1,570 CY $125.00 $196,250.00 0.00 1,345.00 1,345.00 85.67% $0.00 $168,125.00 $168,125.00 26 Select Grading (by FA) 1 FA $4,000.00 $4,000.00 0.00 0.00 0.00 0.00% $0.00 $0.00 $0.00 27 Gravel Borrow 30 TN $75.00 $2,250.00 0.00 37.50 37.50 125.00% $0.00 $2,812.50 $2,812.50 271Q Gravel Borrow- increased quantities (above 125%) 0 TN $70.00 $0.00 0.00 257.22 257.22 NA $0.00 $18,005.40 $18,005.40 28 Unsuitable Foundation Excav 25 CY $100.00 $2,500.00 0.00 8.60 8.60 34.40% $0.00 $860.00 $860.00 29 Dewatering 1 LS $3,000.00 $3,000.00 0.00 1.00 1.00 100.00% $0.00 $3,000.00 $3,000.00 30 Structure Excavation Class A 110 CY $75.00 $8,250.00 0.00 110.00 110.00 100.00% $0.00 $8,250.00 $8,250.00 31 Shoring or Extra Exc Class A 1 LS $3,000.00 $3,000.00 0.00 1.00 1.00 100.00% $0.00 $3,000.00 $3,000.00 32 Trimming and Cleanup 1 LS $7,500.00 $7,500.00 0.00 0.00 0.00 0.00% $0.00 $0.00 $0.00 33 Crushed Surf Base Course 54 TN $100.00 $5,400.00 0.00 46.17 46.17 85.50% $0.00 $4,617.00 $4,617.00 34 Commercial HMA 41 TN $250.00 $10,250.00 0.00 23.25 23.25 56.71% $0.00 $5,812.50 $5,812.50 CO - # Change Order Holding Slot 130 CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS Riverton Creek Flapgate Removal Project Project No. 9980103 PE # 17 3/4/2024 Pay Pd. 8/1/2023 to 1 1 /3/2023 ORIGINAL CONTRACT AMOUNT CHANGE ORDERS OR ADJUSTMENTS: ADJUSTED CONTRACT AMOUNT: NOTICE TO PROCEED: CONTRACT (CALENDAR) DAYS: CHANGE ORDER / WEATHER DAYS SCHEDULED COMPLETION DATE: $1,503,267.15 $78,159.78 $1,581,426.93 7/10/2020 115 0 12/23/2020 Item Description of item Qty Unit Price Contract Amount Quantity this Estimate Previous Quantity Quantity to Date Percent Complete Amount Due This Estimate Previous Amount Total Amount to Date Roadside Development $90,000.00 0.00 1.00 1.00 100.00% $0.00 $90,000.00 $90,000.00 35 Temp Stream Diversion 1 LS $90,000.00 36 Erosion/Water Poll Prevent 1 LS $7,500.00 $7,500.00 0.00 0.50 0.50 50.00% $0.00 $3,750.00 $3,750.00 37 High Visibility Fence 135 LF $4.00 $540.00 0.00 150.00 150.00 111.11% $0.00 $600.00 $600.00 38 CoirLog 360 LF $6.00 $2,160.00 0.00 360.00 360.00 100.00% $0.00 $2,160.00 $2,160.00 39 Erosion Control Blanket 180 SY $2.50 $450.00 0.00 447.50 447.50 248.61% $0.00 $1,118.75 $1,118.75 40 PSIPE Acer Circinatum #5 - All PSIPE at 100% 1/26/2: 2 EA $60.00 $120.00 0.00 3.00 3.00 150.00% $0.00 $198.00 $234.00 41 PSIPE Argentina egedii 10" 10 EA $25.00 $250.00 0.00 10.00 10.00 100.00% $0.00 $275.00 $325.00 42 PSIPE Aruncus dioicus #1 12 EA $25.00 $300.00 0.00 16.00 16.00 133.33% $0.00 $440.00 $520.00 43 PSIPE Carex lyngbei (& 4" fragaria chiloensis) 10 EA $20.00 $200.00 0.00 130.00 130.00 1300.00% $0.00 $2,860.00 $3,380.00 44 PSIPE Comus stoloniferaBdl 15 EA $25.00 $375.00 0.00 15.00 15.00 100.00% $0.00 $412.50 $487.50 45 PSIPE Comus stolonifera#1 4 EA $25.00 $100.00 0.00 9.00 9.00 225.00% $0.00 $247.50 $292.50 46 PSIPE Eleocharis paulstrus 10 EA $20.00 $200.00 0.00 10.00 10.00 100.00% $0.00 $220.00 $260.00 47 PSIPE Fraxinus latifolia #2 5 EA $25.00 $125.00 0.00 5.00 5.00 100.00% $0.00 $137.50 $162.50 48 PSIPE Gualtheria shallon #1 20 EA $20.00 $400.00 0.00 49.00 49.00 245.00% $0.00 $1,078.00 $1,274.00 49 PSIPE Holodiscus discolor#1 5 EA $20.00 $100.00 0.00 5.00 5.00 100.00% $0.00 $110.00 $130.00 50 PSIPE Lonicera involucratel 15 EA $20.00 $300.00 0.00 15.00 15.00 100.00% $0.00 $330.00 $390.00 51 PSIPE Malus fusca #2 5 EA $20.00 $100.00 0.00 7.00 7.00 140.00% $0.00 $154.00 $182.00 52 PSIPE Physocarpus capitats 8.00 EA $20.00 $160.00 0.00 11.00 11.00 137.50% $0.00 $242.00 $286.00 53 PSIPE Picea sitchensis 13.00 EA $175.00 $2,275.00 0.00 13.00 13.00 100.00% $0.00 $2,502.50 $2,957.50 54 PSIPE Polystichum munitum 20.00 EA $20.00 $400.00 0.00 50.00 50.00 250.00% $0.00 $1,100.00 $1,300.00 55 PSIPE Pseudotsuga menzisi 3 EA $175.00 $525.00 0.00 6.00 6.00 200.00% $0.00 $1,155.00 $1,365.00 56 PSIPE Ribies sanguineum#1 8 EA $20.00 $160.00 0.00 10.00 10.00 125.00% $0.00 $220.00 $260.00 57 PSIPE Roa Pisocarpa #1 13 EA $20.00 $260.00 0.00 19.00 19.00 146.15% $0.00 $418.00 $494.00 58 PSIPE Rubus spectabilis #1 17 EA $20.00 $340.00 0.00 17.00 17.00 100.00% $0.00 $374.00 $442.00 59 PSIPE Salix hookeriana Live 20 EA $25.00 $500.00 0.00 20.00 20.00 100.00% $0.00 $550.00 $650.00 60 PSIPE Salix hookeriana Bndl 20 EA $50.00 $1,000.00 0.00 20.00 20.00 100.00% $0.00 $1,100.00 $1,100.00 61 PSIPE Salix lucida #2 5 EA $25.00 $125.00 0.00 5.00 5.00 100.00% $0.00 $137.50 $162.50 62 PSIPE Salix scouleriana Live 20 EA $25.00 $500.00 0.00 20.00 20.00 100.00% $0.00 $550.00 $650.00 63 PSIPE Salix scouleriana Bnd 20 EA $25.00 $500.00 0.00 20.00 20.00 100.00% $0.00 $550.00 $550.00 64 PSIPE Salix sitchensis Live 20 EA $25.00 $500.00 0.00 20.00 20.00 100.00% $0.00 $550.00 $650.00 65 PSIPE Salix sitchensis Bndle 20 EA $25.00 $500.00 0.00 20.00 20.00 100.00% $0.00 $550.00 $550.00 66 PSIPE Sambucus racemosa 6 EA $20.00 $120.00 0.00 6.00 6.00 100.00% $0.00 $132.00 $156.00 67 PSIPE Symphoricarpos alba 20 EA $25.00 $500.00 0.00 20.00 20.00 100.00% $0.00 $550.00 $650.00 68 PSIPE SymphoricarposAlbl 20 EA $25.00 $500.00 0.00 47.00 47.00 235.00% $0.00 $1,292.50 $1,527.50 69 PSIPE Thuja plicata 2 EA $200.00 $400.00 0.00 2.00 2.00 100.00% $0.00 $440.00 $520.00 70 PSIPE Tsuga heterophylla 4 EA $200.00 $800.00 0.00 4.00 4.00 100.00% $0.00 $880.00 $1,040.00 71 Topsoil Type A 7 CY $70.00 $490.00 0.00 5.00 5.00 71.43% $0.00 $350.00 $350.00 72 Compost (Amended Soil) 13 CY $70.00 $910.00 0.00 17.00 17.00 130.77% $0.00 $1,190.00 $1,190.00 73 Bark&Wood Chip Mulch 13 CY $70.00 $910.00 0.00 24.00 24.00 184.62% $0.00 $1,680.00 $1,680.00 74 Extruded Curb 240 LF $30.00 $7,200.00 0.00 0.00 0.00 0.00% $0.00 $0.00 $0.00 75 Light Loose Riprap 400 TN $80.00 $32,000.00 0.00 506.98 506.98 126.75% $0.00 $40,558.40 $40,558.40 76 Paint Line 350 LF $10.00 $3,500.00 0.00 0.00 0.00 0.00% $0.00 $0.00 $0.00 77 Woody Debr Strct Over Rip Rap 4 EA $1,400.00 $5,600.00 0.00 4.00 4.00 100.00% $0.00 $5,600.00 $5,600.00 131 CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS Riverton Creek Flapgate Removal Project Project No. 9980103 PE # 17 3/4/2024 ORIGINAL CONTRACT AMOUNT CHANGE ORDERS OR ADJUSTMENTS: ADJUSTED CONTRACT AMOUNT: NOTICE TO PROCEED: CONTRACT (CALENDAR) DAYS: CHANGE ORDER / WEATHER DAYS $1,503,267.15 $78,159.78 $1,581,426.93 7/10/2020 115 0 Pay Pd. 8/1/2023 to 11/3/2023 SCHEDULED COMPLETION DATE: 12/23/2020 Item Description of item Qty Unit Price Contract Amount Quantity this Estimate Previous Quantity Quantity to Date Percent Complete Amount Due This Estimate Previous Amount Total Amount to Date 78 SingleLog Wetland Outlet 2 EA $1,400.00 $2,800.00 0.00 2.00 2.00 100.00% $0.00 $2,800.00 $2,800.00 79 SingleLogWetlandWoodDebr 10 EA $1,400.00 $14,000.00 0.00 10.00 10.00 100.00% $0.00 $14,000.00 $14,000.00 80 DoubleLogWetlandWoodDeb 2 EA $3,000.00 $6,000.00 0.00 2.00 2.00 100.00% $0.00 $6,000.00 $6,000.00 81 Floating Silt Curtain 1 LS $6,000.00 $6,000.00 0.00 1.00 1.00 100.00% $0.00 $6,000.00 $6,000.00 82 Streambed Gravel 241 TN $60.00 $14,460.00 0.00 272.55 272.55 113.09% $0.00 $16,353.00 $16,353.00 83 Streambed Cobbles 6 In. 54 TN $80.00 $4,320.00 0.00 58.21 58.21 107.80% $0.00 $4,656.80 $4,656.80 84 Streambed Boulder Two Man 16 EA $200.00 $3,200.00 0.00 32.00 32.00 200.00% $0.00 $6,400.00 $6,400.00 85 Streambed Boulder3 Man 130 EA $300.00 $39,000.00 0.00 160.00 160.00 123.08% $0.00 $48,000.00 $48,000.00 86 Filter Bag 4 EA $200.00 $800.00 0.00 0.00 0.00 0.00% $0.00 $0.00 $0.00 87 Habitat Snag 3 EA $2,000.00 $6,000.00 0.00 3.00 3.00 100.00% $0.00 $6,000.00 $6,000.00 88 Art Installation 1 LS $2,000.00 $2,000.00 0.00 1.00 1.00 100.00% $0.00 $2,000.00 $2,000.00 89 Propery Restoration (by FA) 1 FA $5,000.00 $5,000.00 0.00 1.97 1.97 196.76% $0.00 $9,837.96 $9,837.96 CO - 2 Viewpoint and Geotextile 1 LS $25,522.98 $25,522.98 0.00 1.00 1.00 100.00% $0.00 $25,522.98 $25,522.98 SUBTOTAL BRIDGE $834,231.50 $36,044.05 $939,218.41 $975,262.46 SALES TAX BRIDGE ITEMS (10.1%) $3,640.45 $22,369.48 $26,009.93 SALES TAX BRIDGE ITEMS 2020 (10.0%) $0.00 $72,491.58 $72,491.58 SALES TAX TOTAL $3,640.45 $94,861.06 $98,501.51 5% RETAINAGE $1,802.20 $46,960.92 $48,763.12 NET PAYMENT BRIDGE ITEMS $37,882.29 $987,118.55 $1,025,000.84 SUBTOTAL ROADWAY $264,900.00 $0.00 $236,982.40 $236,982.40 SALES TAX STORM ROADWAY ITEMS (10.1%) $0.00 $23,698.24 $23,698.24 SALES TAX STORM ROADWAY ITEMS 2020 (10.0%) $0.00 $12,241.70 $12,241.70 SALES TAX TOTAL $0.00 $35,939.94 $35,939.94 5% RETAINAGE $0.00 $11,849.12 $11,849.12 NET PAYMENT ROADWAY ITEMS $0.00 $261,073.22 $261,073.22 SUBTOTAL ROADSIDE DEVELOPMENT $267,475.00 $0.00 $317,525.89 $317,525.89 SALES TAX STORM ROADWAY ITEMS (10.1%) $0.00 $31,752.59 $31,752.59 SALES TAX STORM ROADWAY ITEMS 2020 (10%) $0.00 $3,415.00 $3,415.00 SALES TAX TOTAL $0.00 $35,167.59 $35,167.59 5% RETAINAGE $0.00 $15,876.29 $15,876.29 NET PAYMENT ROADSIDE DEVELOPMENT ITEMS $0.00 $336,817.18 $336,817.18 1,366,606.50 136,660.65 1,503,267.15 Subtotal Amount $36,044.05 $1,493,726.70 $1,529,770.75 Sales Tax (10.1%) $3,640.45 $165,968.59 $169,609.04 Total 5% Retainage $1,802.20 $74,686.34 $76,488.54 Total Net Payment $37,882.29 $1,585,008.95 $1,622,891.25 132 CITY OF TUKWILA Date, Item U4fdaw7.4 Oescrip[ion Cuantite ry Unds O"ntrt' Tfli WEEKENDSMOLIDAYS MODES UNLESS WORK PERFORMED 1 g 2-Aug 3-Aug 4-Aug 5-Aug 6-Aug ]-Aug 8-Aug 9-Aug 10-Aug 11-Aug 12-Aug 13-Aug 14-Aug 15-Aug 16-Aug 17g 2-Aug 19-Aug 20-Aug 21-Aug 22-A g 23-Aug 24-Aug 25-Aug 26-Aug 27-Aug 28-Aug 29-Aug 30-Aug 31-Aug A'$IMOH Adjustment Total %complete Total to Date Bridge Mobilization 1 1 LS 2 Contractor rveyi g 3 Unexpected Site Changes 1 FA 4 Temp Traffic Control 1 . emp TrafCOMr Prvate Prop ] Riverton Creek Bridge 1 . 6 aOaMNeId Ries to WallCap 10 LF Structural Carton SMel 10 Fum&orlve Test Steel Pile 1 EA 11 Fumishas St. Piling 306 LF 12 ving St Piling EA 13 Bridge Raft. ChnLinkFence 1 14 Clea.Painl Wall 1 LS 15 Remo SoltlierPlle SM1tt obsirc FA 17 FumSolder Pile HP 12.4 710 LF 1B Conrem Lagging 1020 SF Anchor. Permanent Ground 12 EA 20 Perm GmdAnch Port Test 3 EA 21 CO- Perm GrndAnch Verity Test Wall and Equitable 2 LS LS Roadway j 1 22 Clearing and Grubbng 23 Removal ShucWne80bshuot 1 LS 24 Remove Existing RBtainWell LS 25 Chanel ExwvationBHaul 1570 CY 26 Select Grading (by FA) 1 FA G27 ravel Borrow 30 TN MO Greve) Borrow 3D TN 26 Unsuitable Foundation Exwv 25 CY 29 Dew... LS Class 110 CY 31 Shoring or Extra En Class A 1 LS 32 Trimmirta and Cleanup 1 LS33 crush. Surf Coup 54 TN 34 eIHMA 41 TN CO-f Change Order Holding Slot Roadside Development 35 mp Stream Ryerson . 35 37 EerossMNater Poll Prevent High sibilM Fence 1 - 39 Erosion Control Blanket 180 SY 40 PSIPE Acer Cremator 45 2 EA 41 PSIPE Argentina egedii 10" 10 EA 42 PSIPE Anuses tli0icun 21 12 EAP43 SIPE Carex Nngbei (8 Fragaria cMloeeis 4') 10 EA gel PSIPE Carnes etolongeraBtll 15 EA 45 PSIPE Connus stolonReraM 4 EA 45 PSIPE EIemM1arispaulstrus 1 EA 47 PSIPE Fraxinus Wire.. 5 EA 48 PSIPE GuaXberia shallop Nl 20 EA 49 PSIPE Holotliscus discolor. 5 EA PSIPELonmereimOlucratel 15 EA 51 PSIPE Males lies. 22 5 EA 52 PSIPE Phyaocarpus capitafa B EA- 53 PSIPE Picea wt... 13 EA 54 PSIPE Polyztichum munitum 20 EA - 55 PSIPE Pseudetswa mennsi 3 EA 56 PSIPE Ribies sanguieum. 8 EA 52 PSIPE R0aRs0carpadl 13 EA 56 PSIPE Rebus speetabilis Oft 1] EA PSIPE Salix hookeriana Live 20 EA 60 PSIPE Sels h0oMnana Bntll 20 EA 61 PSIPE Salk lucida IN 5 EA 62 PSIPE Salk scouleriana Eve 20 EA 63 PSIPE Selix scouleriana BM 20 EA 64 PSIPE Salk sitchensis Live 20 EA 65 PSIPE Salk sitcheeis Bndle 20 EA 66 PSIPE Sambuous racemosa 6 EAP67 SIPE 6ymph6ncarpos alba - 66 PSIPE SymptancarposAlbl 20 EA- 69 PSIPE Thula plicate 2 EA 70 PSIPE Tsuga hetemprnlla 4 EA- ]i Topsoil Type A ] CY 72 ampcet (Appended S010 Chip Sul. 13 13 CV CY- - 0 74 Extruded Curb 240 LF 75 Light Loose Moray 400 TN 75 Pant Line 35 77 Woody Debt Slot Over Rip Rap 4 EA - 133 CITY OF TUKWILA osmar-u 78 SingleLog Wetland Outlet 79 InpleLoprletlaMWoodDebr 80 DoubleLogWetland WoodDeb 81 Floating Silt Curtain 82 streamberi Gravel 10 241 EA EA EA LS TN 83 streamberi Cobbles 6 In. 54 TN 84 Streambed Boulder Two Man 16 EA 85 Streambed Boulder 3 Man 130 EA BB Fleer Bap 87 Habitat Snag 88 Ad Installation EA EA LS 89 Propery Restoration Ow FA) CO k2 GeoMxtile Fabri evpcint CC 93 Wall 1 Replacment Cover Plates, Cleaning and Painting and Void Repairs FA LS 1 LS 0.51 0.51094 134 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Riverton Creek Flap Gate Removal Project No. 99830103 Remove two culverts and flap gates that confluence with the Duwamish River; daylight creek, install trail bridge DESCRIPTION: over creek, habitat improvements and planting for 1,200 lineal feet of creek, inc 1/4 acre backwater wetland habitat and 400 ft of river; associated structural improvements for TIB roadway and adjacent commercial property. 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: Project construction began in 2020. MAINT. IMPACT: Expected to increase maintenance. Construction funding from the State RCO Salmon Recovery Funding Board, King County Cooperative Watershed COMMENT: Management, King County Opportunity Funds, the WRIA 9 Re -green the Green Program and City Surface Water Funds. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 391 391 Land (R/W) 0 Monitoring 25 25 Const. Mgmt. 200 5 205 Construction 1,654 25 1,679 TOTAL EXPENSES 391 1,854 55 0 0 0 0 0 0 2,300 FUND SOURCES Awarded Grant RCO 116 781 897 King County Grant 240 50 290 People for Puget S 30 30 Mitigation Expected 0 Utility Revenue 245 833 5 0 0 0 0 0 0 1,083 TOTAL SOURCES 391 1,854 55 0 0 0 0 0 0 2,300 Project Location `� g N i II �� Ili , • t. tr. "alio 2 Fir ter t6 s 3T8t r� 2021 - 2026 Capital Improvement Program 90 135 136 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Hari Ponnekanti, Public Works Director BY: Cyndy Knighton, Senior Program Manager — Transportation CC: Thomas McLeod, Mayor DATE: April 19, 2024 SUBJECT: Neighborhood Traffic Calming Program On -Call Contract Project No. 82110301 Supplemental Agreement #1 ISSUE Execute a supplemental agreement with KPG (dba Psomas) to provide on -call engineering and design services for the Neighborhood Traffic Calming Program (NTCP). BACKGROUND Since 2021, staff have been working on projects identified in the Staff Top-10 Recommended NTCP Projects. Three projects have been fully completed: Allentown Neighborhood Speed & Safety Study; Tukwila Community Center Pedestrian Crossing Safety Improvements; and S 144th Street/46th Avenue S ADA Ramps. Three others are nearly completed, pending a final discussion with the schools: Tukwila Elementary School Safety Improvements; Cascade View Elementary School Safety Improvements; and Impact Charter School Safety Improvements. Macadam Road Speed and Safety Improvements and a City-wide review of speed limits have already been assigned to KPG to conduct. Southcenter Boulevard/65th Avenue S Pedestrian Safety Improvements has been changed to a new traffic signal installation, with design underway and construction in 2025. The last remaining Staff Top- 10 project to complete is the S Ryan Way Pedestrian Safety Improvements. ANALYSIS After further exploration regarding S Ryan Way, staff has determined the needs surpass the original plan. In addition to the identified safety concerns, the road routinely develops potholes that must be fixed regularly by the street crew. A large senior housing development is under construction south of S Ryan Way off 47th Ave S that may warrant a traffic signal. A full CIP project must be developed, and funding acquired. To do this additional work, the contract budget for the on -call project with KPG needs to be increased. FINANCIAL IMPACT Funding is fully available under the current budget. Current Contract Supplement No. 1 Total Contract $100,000 (2023 Budget) 2023 Design Budget $155,000 $55,000 (2024 Budget) 2024 Design Budget $155,000 $155,000 Total 2023-2024 CIP Budget $360,000 RECOMMENDATION The Council is being asked to approve the supplemental agreement for a total contract amount of $155,000 and consider this item on the Consent Agenda at the May 6, 2024, Regular Meeting. ATTACHMENTS • CIP Page • Supplemental Agreement No. 1 https://tukwilawa.sharepoint.com/sites/publicworks/engineering/pw drop box/01 tic agenda/2024 agenda items/tic 04-22-24/7. ntcp on -call contract supplemental agreement/info memo - on -call contract supplemental agreement #1.docx 137 INFORMATIONAL MEMO Page 2 • Top-10 Project List https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2024 Agenda Items/TIC 04-22-24/7. NTCP On -Call Contract Supplemental Agreement/INFO MEMO - On -Call Contract Supplemental Agreement #1.docx 138 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Traffic Calming/Residential Safety Improvements Project No. 80010301 Programmatic approach to addressing neighborhood traffic concerns through a variety of methods. DESCRIPTION: Residential street improvements with sidewalks, safety improvements, and bike facilities. JUSTIFICATION: Neighborhood revitalization by improving residential streets. STATUS: Future candidates are listed in the citywide comprehensive update and safety -based prioritization of residential street improvements, sidewalks, and bike lanes. MAINT. IMPACT: Varies, depends on treatment(s) used. COMMENT: Residential improvements and traffic calming features to reduce speeds and improve pedestrian and bicycle safety such as the speed cushions, RRFB crossings, LED enhanced signs, Radar driver feedback signs, etc. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 7 100 155 155 155 155 155 155 155 1,192 Land (R/W) 0 Const. Mgmt. 0 Construction 93 300 495 420 495 495 495 495 495 3,783 TOTAL EXPENSES 100 400 650 575 650 650 650 650 650 4,975 FUND SOURCES ARPA 100 400 400 400 500 Awarded Grant 0 Proposed Grant 250 175 250 250 250 250 250 1,675 Mitigation Expected 0 City Operating Funds 0 0 400 400 400 400 400 2,000 TOTAL SOURCES 100 400 650 575 650 650 650 650 650 5,475 2023 - 2028 Capital Improvement Program ® ,M 139 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-073 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and KPG Psomas Inc. That portion of Contract No. 23-073 between the City of Tukwila and KPG Psomas Inc. is hereby amended as follows: Section 4: 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $155,000 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONTRACTOR: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: CA Reviewed May 2020 Page 1 0$ 40 Staff Top-10 Recommended NTCP Projects Modified 6/03/2022 Original Cost Updated Cost Updated Cost Project Details Potential Treatment Options Status Estimate Range Estimate Range A Allentown Neighborhood Speed and Safety Study Since 2018, five individual requests for traffic calming have been recorded in the NTCP list of requests; additional traffic complaints have been made to the City over prior years. Addressing traffic safety concerns in Allentown is a top priority for the City. • Draft Transportation Safety Study completed. • Conducted public outreach meetings on 3/22/22 and 4/26/22. •Submitted WSDOT Pedestrian and Bicycle Program Grant application in 5/2022. • New traffic counts are being done to evaluate improvements. $50,000-80,000 $20k for study $640k for CN of study recommendations $680,000 Study neighborhood -wide volume, speed, classification and safety issues. Identify and design Level 1 and Level 2 treatments throughout Allentown. Level 1: Improved signage; radar feedback signs; pavement marking modifications. Level 2: Sidewalks; curb extensions; raised crosswalk; traffic calming; and remove the eastbound right -turn slip lane and reconfigure the S 124th Street/50th Place S intersection. B Tukwila Elementary School Safety Improvements Since 2018, 12 traffic calming requests have been made in the Tukwila Hill neighborhood, with a significant number near Tukwila Elementary School. Common complaints have been about speeding and crosswalk or pedestrian safety. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones. Some improvements have been made around Tukwila Elementary School already but more improvements are needed. • Transportation Safety Study initiated 5/2022. • Collecting transportation counts and speed data before the end of the school year. • Improvements are expected to be installed in 2023. $30,000-80,000 TBD $30,000-80,000 Address pedestrian mobility, crosswalk safety concerns, speeding, sight distance, and upgrade School Zone signage. Level 1: School Zone beacons; improved signage; radar feedback signs; pavement marking modifications. Level 2: Curb extensions; RRFB installation; ADA ramp upgrades; improved illumination. C Impact Charter School Safety Improvements A request specific to the newly opened Impact Charter School was received in 2019. The request was to provide a signed school zone, which Tukwila has provided signs marking school crossings on S 148th Street. ADA-compliant ramps have not been installed at the marked school crossings. The charter school has expanded their site to the north which requires creating a school zone on 5 146th Street and other potential improvements for children's safety. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones. • Transportation Safety Study initiated 5/2022. • Collecting transportation counts and speed data before the end of the school year. • Proposed private development may provide ADA ramp improvement on S 146th Street. $8,000-15,000 TBD $8,000-15,000 Provide school crossing improvements, establish school zone on S 146th Street, if needed. Provide school crossing improvements, observe operating speeds, if necessary establish speed zone. Level 1: Improved signage for school zones on S 148th Street and S 146th Street; crosswalk installations. Level 2: ADA ramp improvements; RRFB installations; curb extensions. D Cascade View Elementary School Safety Improvements Since 2018, the Cascade View neighborhood has seen 9 requests for traffic calming. Four of the requests were about speeding, school crossing and pedestrian safety at locations around the Cascade View Elementary School. 85th Percentile speeds of —30MPH have been recorded, but analysis is needed to identify if speeding occurs during the 20MPH-active school zone period. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones. • Transportation Safety Study initiated 5/2022. • Collecting transportation counts and speed data before the end of the school year. • Improvements are expected to be installed in 2023. $8,000-15,000 TBD $8,000-15,000 Upgrade School Zone signing, design and install pedestrian crossing improvements. Level 1: Improved signage for school zones on S 148th Street and S 146th Street; crosswalk installation. Level 2: ADA ramp improvements; curb extensions; enhanced crosswalk treatments. E Tukwila Community Center Pedestrian Crossing Safety Improvements The City Council has expressed desire for the NTCP to have a proactive element in addressing traffic calming and safety needs throughout the City. The TCC is a well -utilized facility by the Allentown neighborhood as well as the entire City and surrounding area. Concerns over the pedestrian crossings on 5 124th Street have been raised by staff and residents in the past, along with the larger complaints of speeding in Allentown. Increasing pedestrian visibility to improve safety in this high- use area is a recommended top priority for the NTCP. • Design completed for RRFBs, curb extensions and ADA ramps at 44th Avenue S and 46th Avenue S. • Installation scheduled for summer 2022. $80,000-100,000 $15k PE $47k RRFB units $78k RRFB Installation $110,000.00 Install pedestrian safety improvements on S 124th Street at 44th Avenue S and 46th Avenue S. Level 1: Improve pedestrian crossing signage. Level 2: RRFB installations; upgrade ADA ramps; curb extensions; improved illumination. 141 Staff Top-10 Recommended NTCP Projects Modified 11/28/2023 Original Cost Updated Cost Updated Cost Project Details Potential Treatment Options Status Estimate Range Estimate Range F Macadam Road Speed and Safety Improvements At least five requests for traffic calming, specific to speeding (and some secondary reasons) have been made since 2018. A radar feedback sign was placed near the 13700 block in 2019 but requests have continued to be made. Additional analysis is warranted to determine what other improvements could be used to address the speeding, especially where Macadam Road has extremely limited sight distance due to the curvy nature of the roadway. • Design to begin in 2/3Q. $10,000 - 30,000 TBD $10,000 - 30,000 Design and install treatments addressing speeding and curve safety north of S 144th Street. Level 1: Improved signage; LED chevron signs; channelization modifications. Level 2: G Southcenter Boulevard/65th Avenue S Pedestrian Safety Improvements Staff identified the need for improvement pedestrian safety at this location several years ago. Southcenter Boulevard is a 5- lane roadway with known speeding issues along with curves that restrict sight distance. A high pedestrian usage at this intersection accessing the King County Metro bus stop that services both the Rapid Ride F-Line and Route 150, both workhorses of the south County transit network, justifies improving pedestrian crossing safety. This intersection is slated for full signalization in the future, but interim pedestrian safety improvements should be considered sooner. • Funding available for design of full signal in 2022 CIP. • Design to begin in 2022. • Will consider signage improvements for interim in 2/3Q. $50,000-$90,000 TBD $50,000-$90,000 Design and install pedestrian safety improvements Level 1: Improved signage for pedestrian crossing Level 2: RRFB installation; ADA ramp upgrades; improved illumination H City-wide Residential Speed Limit Review As part of the City Council's expressed desire to proactively look at traffic calming needs, a full review of the residential street posted speed limits is recommended by staff. State law establishes city speed limits at 25MPH unless an engineering study is completed to justify higher speed limits. Most residential streets are posted at 25MPH today, but there are many that are posted at 30MPH or 35MPH. Likely, those speed limits are legacies of past annexation areas, where a speed study was completed by King County. The general impression Staff has is that most residents and elected officials would be happier with lower speed limits. City of Seattle has also recently lowered all speed limits nearly city-wide to be 25MPH. • Not started yet. $5,000-8,000 TBD $5,000-8,000 Identify residential streets with speed limits currently above 25MPH. Conduct volume, speed and safety review. Recommend changes to speed limits, as necessary. Level 1: Modify speed limit ordinance; as needed; install new signs; as needed. Level 2: I S Ryan Way Pedestrian Safety Improvements Two requests for traffic calming to address speeding and pedestrian crossing safety in the Ryan Hill area have been made in 2021. New developments are coming forward that will increase the residential population of this part of the City with multi- family developments. The speed concerns, especially along S Ryan Way, coupled with the new housing developments increasing the likelihood of increased pedestrian activity, warrants this analysis be recommended as a top priority. • Transportation Safety Study for improved signage and safety improvements may begin in 2/3Q. • Construction of improvements possible in 2023. $10,000-100,000 TBD $10,000-100,000 Safety study on S Ryan Way from MLK Jr. Way to east city limits, focusing on speeding and pedestrian safety. Recommend Level 1 and Level 2 improvements. Design and construct improvements. Level 1: Improved signage. Level 2: Curb extension, improved illumination. J S 144th Street/46th Avenue S ADA Ramps The Tukwila School District requested school crossing safety improvements at this intersection in 2017. A new Rectangular Rapid Flashing Beacon was installed in 2019. At the time the RRFB was installed, the City was also submitting a grant application for the 46th Avenue S Safe Routes to School project, which would improve pedestrian safety between this intersection south to S 150th Street, and would include either a raised pedestrian crosswalk at the RRFB or install ADA- compliant curb ramps. The grant was not awarded. State law requires ADA ramps be brought up to current standards anytime a new signal, including the RRFB, is installed. Since grant monies for the larger improvement are not expected in the short term, staff recommends this as a priority to comply with all state and federal laws regarding ADA requirements. • Design at 50% with construction to be done with the 2022 Annual Overlay Project. $15,000-20,000 $15k PE $90k Construction $105,000 Design and install ADA-compliant ramps at the intersection. Level 1: Level 2: ADA upgrades to ramps at RRFB (not done at time of RRFB installation due to budget constraints). Total $266,000-$538,000 $808,000 $1,016,000 - $1,43,000 City of Tukwila Public Works Department - Hari Ponnekanti, Director/City Engineer Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Catrien de Boer, Public Works Grant Analyst CC: Mayor McLeod DATE: April 19, 2024 SUBJECT: 2024 Annual Overlay — 50' PI Overlay Project No. 80010401 TIB Complete Streets Grant Application ISSUE Authorize the submittal of a grant application to the Transportation Improvement Board (TIB) Complete Streets grant program. BACKGROUND Every year, Public Works issues a construction project to grind and overlay several blocks of roadways in the City of Tukwila. The annual overlay program is intended to preserve and maintain the street structure in a safe and useable state by resurfacing before failure, which also minimizes costs. The Annual Overlay program is funded almost exclusively out of the transportation fund (104) as many grant programs do not pay for routine maintenance of our roads. DISCUSSION In 2021, the City applied for and was awarded $400,000 Complete Streets grant to offset the costs of traffic calming elements as part of the 2022 and 2023 Annual Overlay projects. This funding helped pay for sidewalks, illumination, RRFBs, and pavement markings. For the 2024 Annual Overlay project, Public Works is using the remaining American Rescue Plan Act (ARPA) funds that were allocated to the department for the traffic calming elements of this year's program. In March 2024, the City was notified that TIB is accepting early consideration applications for construction -ready Complete Streets projects. The City met with the TIB Engineer and discussed the possibility of using Complete Streets funding to help offset the City contribution for the pavement/overlay components of this project since the traffic calming elements are already accounted for. The City was reassured that this funding could pay for a portion of the overlay, and is encouraged to apply. This funding can only be used for construction expenses, must be obligated by July 1, 2024, and must be spent in 2024. Grant submissions are due on April 26th, 2024. We will be notified of awards on or around May 17th, 2024. FISCAL IMPACT The City is seeking $400,000 from the TIB Complete Streets program to fund a portion of overlay/pavement for the 2024 Annual Overlay program. This program requires a 20% local city match which will be paid for with the City 104 Fund budget. Amount Program Element ARPA Allocation $112,000 Pedestrian path, ADA ramps, restriping, traffic control devices Complete Streets Grant $400,000 Pavement/Overlay City Contribution $528,012 Pavement/Overlay Total $1,040,012 143 RECOMMENDATION The Committee is being asked to approve the submittal of the Complete Streets grant application for the 2024 Annual Overlay Program. Attachments: 50th PI Vicinity Map and Site Plans Pictures of existing conditions Https://Tukwilawa.Sharepoint.Com/Sites/Publicworks/Engineering/PW Drop Box/O1 TIC Agenda/2024 Agenda Items/TIC 04-22-24/8. TIB Complete Streets Grant Application Approval/Info Memo - TIB Complete Streets Grant Application Approval .Docx 144 107 ST S 108 RAINIER GOLF & COUNTRY CLUB S 116 ST 4 ST 138 ST 00 S 140 ST ST N S111PL S 120 ST BOEING S 112 ST S 120 P ACCESS S S 115 S S 124 ST S127ST _ 5126►T S128•T AS N 110 142 ST DI 3 « PL S 124 ST A N S 111 S ST S 114TH ST a BF 1004, WALLACE ST cn w FOS TER o.. URSE` \.0 c , • _ -o 50TH PL S 145 RD01.dwg 3/20/2024 2 K: \TUKWILA\9TUK010700— 2024 Overlay Program\CADD\SheetFiles\9TUK010700 — 50TH EXISTING SURFACE 2" HMA CL Y" PG 58H-22 OVERLAY SHOULDER TO SHOULDER EDGE L 2" GRIND & 2" RESTORATION PAVE FOG LINE EDGE GRIND TO FOG LINE 50TH PL S OVERLAY PAVEMENT SECTION NTS rn cn U) ST PL S EXISTING PAVEMENT 0 10 20 40 SCALE IN FEET .CNN 50TH PL S 24+00 33 TYP NNNN 0 EXTRUDED CURB 60 �-o- X 15.0' 7111‘ 12566 50T P' 0179002501 0 10 20 40 SCALE IN FEET 60 SIGN SCHEDULE SIGN NO. STATION OFFSET DESIGNATION SIZE REMARKS S1 22+69.95 18.76' RT R2-1 "25" 30" x 36" REMOVE AND REPLACE S2 25+30.48 17.59' RT R7-1 "NO PARKING', R7-201P EXISTING REMOVE AND REPLACE S3 21+86.88 32.52' LT R1-1, "STOP" 30" x 30" REMOVE AND REPLACE 0 allIftftemmt I 411111114111141. X 5 ®EXTRUDEDCURB 0 • 1 9� x 0 • 00 V-k } Lv GENERAL NOTES 1. THE LOCATION OF FEATURES SHOWN ON THESE PLANS IS APPROXIMATE AND NOT BASED ON TOPOGRAPHICAL SURVEY. CONTRACTOR SHALL FIELD VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION. 2. THE LOCATION OF THE ALIGNMENT IS FOR GENERAL LAYOUT PURPOSES ONLY. 3. PRIOR TO PLANING OPERATION, CONTRACTOR SHALL LOWER ALL UTILITY CASTINGS IN THE ROADWAY. 4. INSTALL STORM DRAIN MARKER AT ALL CATCH BASIN INLETS ADJACENT TO AND WITHIN PROJECT LIMITS. FOR PLACEMENT, SEE DETAIL, SHEET 2. 5. CONTRACTOR SHALL IDENTIFY AND MARK IN FIELD ALL OVERLAY AND PAVEMENT REPAIR LIMITS FOR CONTRACTING AGENCY AND ENGINEER OF RECORD FOR APPROVAL PRIOR TO SAWCUTTING, PLANING, AND/OR EXCAVATION. 6. CONTRACTOR SHALL IDENTIFY, MEASURE, RECORD AND MARK IN THE FIELD EXISTING CHANNELIZATION IN ORDER TO INSTALL PROPOSED CHANNELIZATION TO MATCH EXISTING LAYOUT. 7. CONTRACTOR SHALL IDENTIFY, MEASURE, AND MARK PAVEMENT REPAIR AREA IN THE FIELD WITH THE ENGINEER PRIOR TO APPROVAL. 8. EXISTING SIGNS NOT DESIGNATED FOR REMOVAL SHALL BE PROTECTED. NEW SIGNS SHALL BE INSTALLED PER COT STD DETAIL RS-23A AND RS-23B. 9. CONTRACTOR SHALL PROTECT ALL EXISTING ITEMS WITHIN AND OUTSIDE OF PROJECT LIMITS. CONSTRUCTION NOTES O3 REMOVE. O4 GRIND AND PAVE LIMITS, SEE BUTT JOINT DETAIL, SHEET 2. 0 EDGE PLANING, SEE DETAIL, SHEET 2. O7 ROADWAY OVERLAY SECTION, SEE PAVEMENT SECTION, THIS SHEET. e INSTALL HMA STORM DRAIN APRON PER DETAIL, SHEET 2. 17 ADJUST UTILITY VALVE TO GRADE PER COT STD DETAIL G-2. 18 ADJUST UTILITY MANHOLE TO GRADE PER COT STD DETAIL G-2. Z2 FURNISH AND INSTALL VANED GRATE PER COT DETAIL DS-11. ADJUST TO FINAL GRADE. INSTALL STORM DRAIN MARKER SEE DETAIL, SHEET 2. 30 INSTALL PRECAST EXTRUDED CURB TYPE 6 PER WSDOT STD PLAN F-10.42 33 EDGE RESTORATION PER DETAIL, SHEET 3. CHANNELIZATION NOTES 1 3 4 5 8 PLASTIC STOP BAR PER COT STD DETAIL RS-20. PAINTED YELLOW DOUBLE CENTERLINE PER WSDOT STD PLAN M-20.10. PAINTED WHITE EDGE LINE PER WSDOT STD PLAN M-20.20. PAINTED WHITE WIDE EDGE LINE PER WSDOT STD PLAN M-20.10. RPM TYPE II BLUE, INSTALL PERPENDICULAR TO HYDRANT AT CENTERLINE. 11 u } PUBLIC' WORKS 11I *ENGINEERING* STREETS *WATER* SEWER* designed drawn checked by MEF MEF BMC date 03/24 03/24 03/24 proj eng proj dir field bk no KPG PSOMAS Seattle 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 206.286.1640 Tacoma I Wenatchee KPG.com BID DOCUMENTS 2024 TUKWILA OVERLAY PROGRAM 50TH PL S (STA 20+00 TO STA 26+00) no date revisions 14 17 file no 9MUK010100.515H PLS.PLN•RD0I,DWG scale 1" = 20' date 03/24 146 RD01.dwg 3/20/2024 2 K: \TUKWILA\9TUK010700— 2024 Overlay Program\CADD\SheetFiles\9TUK010700 — 50TH ]NI1 HO1VW 1i3HS SIHI 5L+6Z 50TH PL S 12556 50TH PL S 0179062560 12546 50TH D'_ 0179002575 27+00 25' 12542 50TH PL S 0 10 20 40 SCALE IN FEET 0179002600 60 1 O EXTRUDED CURB L12529 50TH PL 0179002890 11416UTILITY ~� WATER VAULT METER ©i 12523 50TH PL S 0179002885 30+00 12519 50TH PL S 0179002865 \\\\ \\\\ 50TH PL S 12515 50TH PL S 0179002860 NNNNNNNNN 31+00 NN . \ NNNNNN 12507 50T PL S 0179002845 32+0C( 2501 50TH PL S 0179002;335 32+85 gs' Of- 50TH PL S NUMBER START STA NORTHING EASTING LENGTH BRNG/DELTA RADIUS PI STA TAN C1 21+49.95 181966.98 1285693.66 616.24' 44°08'06" 800.00' 24+74.27 324.32' L3 27+66.19 182331.34 1285215.56 518.81' N 30°37'16" W 0 10 20 40 SCALE IN FEET 60 EXISTING SURFACE w w LC) 0) N w U a 2" HMA CL Y2" PG 58H-22 OVERLAY SHOULDER TO SHOULDER EXISTING PAVEMENT EDGE -2" GRIND & 2" RESTORATION PAVE FOG LINE EDGE GRIND TO FOG LINE 50TH PL S OVERLAY PAVEMENT SECTION N TS CHANNELIZATION NOTES 3 4 5 PLASTIC STOP BAR PER COT STD DETAIL RS-20. PAINTED YELLOW DOUBLE CENTERLINE PER WSDOT STD PLAN M-20.10. PAINTED WHITE EDGE LINE PER WSDOT STD PLAN M-20.20. PAINTED WHITE WIDE EDGE LINE PER WSDOT STD PLAN M-20.10. SIGN SCHEDULE SIGN NO. STATION OFFSET DESIGNATION SIZE REMARKS S4 S5 28+00.00 31+26.84 20.30' LT 26.84' LT R7-1 "NO PARKING" R2-1 "SPEED LIMIT 25" 12" x 18" 24" x 30" NEW REMOVE AND REPLACE S6 31+79.83 20.42' LT R7-1 "NO PARKING" 12" x 18" NEW GENERAL NOTES 1. THE LOCATION OF FEATURES SHOWN ON THESE PLANS IS APPROXIMATE AND NOT BASED ON TOPOGRAPHICAL SURVEY. CONTRACTOR SHALL FIELD VERIFY EXISTING CONDITIONS PRIOR TO CONSTRUCTION. 2. THE LOCATION OF THE ALIGNMENT IS FOR GENERAL LAYOUT PURPOSES ONLY. 3. PRIOR TO PLANING OPERATION, CONTRACTOR SHALL LOWER ALL UTILITY CASTINGS IN THE ROADWAY. 4. INSTALL STORM DRAIN MARKER AT ALL CATCH BASIN INLETS ADJACENT TO AND WITHIN PROJECT LIMITS. FOR PLACEMENT, SEE DETAIL, SHEET 2. 5. CONTRACTOR SHALL IDENTIFY AND MARK IN FIELD ALL OVERLAY AND PAVEMENT REPAIR LIMITS FOR CONTRACTING AGENCY AND ENGINEER OF RECORD FOR APPROVAL PRIOR TO SAWCUTTING, PLANING, AND/OR EXCAVATION. CONTRACTOR SHALL IDENTIFY, MEASURE, RECORD AND MARK IN THE FIELD EXISTING CHANNELIZATION IN ORDER TO INSTALL PROPOSED CHANNELIZATION TO MATCH EXISTING LAYOUT. 7. CONTRACTOR SHALL IDENTIFY, MEASURE, AND MARK PAVEMENT REPAIR AREA IN THE FIELD WITH THE ENGINEER PRIOR TO APPROVAL. 8. EXISTING SIGNS NOT DESIGNATED FOR REMOVAL SHALL BE PROTECTED. NEW SIGNS SHALL BE INSTALLED PER COT STD DETAIL RS-23A AND RS-23B. 9. CONTRACTOR SHALL PROTECT ALL EXISTING ITEMS WITHIN AND OUTSIDE OF PROJECT LIMITS. CONSTRUCTION NOTES 0 MATCH EXISTING. 0 PROTECT. O3 REMOVE. O4 GRIND AND PAVE LIMITS, SEE BUTT JOINT DETAIL, SHEET 2. 0 EDGE PLANING, SEE DETAIL, SHEET 2. O7 ROADWAY OVERLAY SECTION, SEE PAVEMENT SECTION, THIS SHEET. 0 PAVEMENT REPAIR SECTION, SEE DETAIL, SHEET 3. �' SAWCUT AND REMOVE ASPHALT PAVEMENT AS NEEDED TO INSTALL PROPOSED IMPROVEMENTS. 14 INSTALL HMA STORM DRAIN APRON PER DETAIL, SHEET 2. 15 INSTALL GRAVEL SHOULDER, SEE SECTION, SHEET 3. 17 ADJUST UTILITY VALVE TO GRADE PER COT STD DETAIL G-2. 18 ADJUST UTILITY MANHOLE TO GRADE PER COT STD DETAIL G-2. ZZ FURNISH AND INSTALL VANED GRATE PER COT DETAIL DS-11. ADJUST TO FINAL GRADE. INSTALL STORM DRAIN MARKER SEE DETAIL, SHEET 2. 29 INSTALL NEW HMA DRIVEWAY PER PAVEMENT SECTION, SHEET 3. 30 INSTALL PRECAST EXTRUDED CURB TYPE 6 PER WSDOT STD PLAN F-10.42 33 EDGE RESTORATION PER DETAIL, SHEET 3. 38 TRIM VEGETATION AS NEEDED TO INSTALL PROPOSED IMPROVEMENTS. CI INSTALL HMA WALKWAY PER DETAIL, SHEET 3. 11 u } PUBLIC WJt1 11I I-JF' TU_ *ENGINEERING* S TREET S *WATER* SEWER* designed drawn checked by MEF MEF BMC date 03/24 03/24 03/24 proj eng proj dir field bk no KPG PSOMAS Seattle 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 206.286.1640 Tacoma I Wenatchee 1 KPG.com BID DOCUMENTS 2024 TUKWILA OVERLAY PROGRAM 50TH PL S (STA 26+00 TO STA 30+50) no date revisions 15 17 file no 9MUK010100.515H PLS.PLN.RD0I,1NIG scale 1" = 20' date 03/24 147 Facing East on 50th PI towards the S 129th St Bridge (Southern -most project limit by Codiga Park) In front of Codiga Park facing North 148 Facing North at the end of existing pedestrian facility on the West side of 50th PI where we will pick up and extend. Cracking on roadway, missing RPMs, and faded paint on 50th PI facing North 149 Cracking on roadway, missing RPMs, and faded paint on 50th PI nearing the S 124th intersection facing North 150 City of Tukwila Thomas McLeod, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Harry Ponnekanti, Public Works Director / City Engineer BY: Sherry Edquid, Project Manager DATE: April 19, 2024 SUBJECT: Surface Water Comprehensive Plan Project No. 82141202 2024 Draft Surface Water Comprehensive Plan for Review ISSUE Introduce the proposed 2024 Draft Surface Water Comprehensive Plan (SWCP) and review the Capital Improvement Projects. BACKGROUND The City hired Otak to update our SWCP to provide a strategic framework for addressing drainage issues, water quality, erosion/sedimentation issues, habitat needs along with maintenance and condition assessment of the existing stormwater system. This plan was last updated in 2013. DISCUSSION The SWCP includes programmatic solutions and policies, studies, and future capital projects. These recommendations were developed by reviewing past project lists, interviewing staff, and conducting field assessments and public outreach. Past projects that are no longer needed are removed, existing project costs are updated, and new projects are added to address deficiencies and goals. A total of 11 individual capital projects, 5 capital improvement programs, and 3 studies are being proposed in the SWCP utilizing the 412 Surface Water fund: • Norfolk Outfall Trunkline Sewer Separation Preliminary Feasibility Study • Tukwila Pond Stormwater Quality Improvement • Fort Dent Park Water Quality Retrofit • Tukwila Parkway / Gilliam Creek Outfalls Stormwater Improvement (updated) • Johnson Creek Fish Barrier Mitigation Alternatives Analysis • S Ryan Way Pipe Rehabilitation • Fish Passage Barrier Prioritization Study • Middle Fork of Southgate Creek — Stream and Slope Stability Study • P17 Pond and Southcenter Subarea Hydraulic Study • Stormwater Management Action Plan (SMAP) Programmatic CIP • Ecosystem Services Conservation Program Staff will present the draft SWCP at the May 20th Council Meeting followed by submitting the final draft, obtaining SEPA determination, and bringing the SWCP forward for final adoption. RECOMMENDATION Information only — full draft will be coming to the full Council at the May 20th Meeting. 151 152 City of Tukwila Public Works Department - Hari Ponnekanti, Director/City Engineer Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Transportation Infrastructure Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Adib Altallal, Utilities Engineer CC: Mayor Tom McLeod DATE: April 19, 2024 SUBJECT: Water Fund — Future Water Reservoir Update Project No. 91240102 Siting Update — Discussion Only ISSUE Provide an update on the progress of searching for a property for a future water reservoir. BACKGROUND During the City of Tukwila's 2015 Water Comprehensive Plan, the consultant identified that the continued growth within the City no longer meets the Department of Health's water storage requirements. As a result, the Water Reservoir and Pump Station was included in the Capital Improvement Program. During the most recent Water Comprehensive Plan update, the City's water storage deficiencies were highlighted again. Further development throughout the City and especially in the Ryan Hill and Tukwila South areas are likely to be hindered or completely halted due to these water storage deficiencies. Old Fire Station 52 has been identified as a possible future site of the reservoir. The construction of a new reservoir at the site would save the City's General Fund money by taking over the responsibilities of the demolition and mitigation of the building. Further, the project would greatly improve the condition of Hazelnut Park by expanding the area and adding recreational items for the residents' use. Staff most recently discussed this option with Council at the April and July,2023 Transportation and Infrastructure Services Committee meetings and the subsequent Committee of the Whole meetings. ANALYSIS The results of the feasibility study conducted by Carollo and HWA indicated favorable results of the soil test. Though soil stability can vary drastically within the same parcel, soil samples indicated great likelihood that we can excavate to the appropriate depth to construct a fully or partially buried water reservoir. Next steps will include narrowing the design to two general alternatives, advertising for design proposals, then bringing this item back to the Transportation and Infrastructure Services Committee to award a design contract. RECOMMENDATION This item is for discussion only. Attachments: 2024 CIP, Page 56 Water System Slides 153 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Water Reservoir and Pump Station Project No. 91240102 DESCRIPTION: Design and construct a new 2.5 MG water reservoir with a pump station. JUSTIFICATION: The Department of Health is requiring the City provide additional water storage. A pump station is needed for fire flow. STATUS: Design funds will be used to update and expand the siting study Carollo completed in 2014 and updated in 2021. MAINT. IMPACT: Additional staff will be needed to provide maintenance for the new reservoir and pumps. COMMENT: FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 7 500 500 1,007 Land (R/W) 750 1,000 1,750 Const. Mgmt. 500 500 1,000 Construction 2,000 3,600 7,000 12,600 TOTAL EXPENSES 7 0 0 750 1,000 3,000 4,600 0 7,000 16,357 FUND SOURCES Awarded Grant 0 Proposed Grant 1,000 1,000 Bond 750 1,000 3,000 3,600 8,350 Mitigation Expected 0 Utility Revenue 7 0 0 0 0 0 0 0 7,000 7,007 TOTAL SOURCES 7 0 0 750 1,000 3,000 4,600 0 7,000 16,357 Location to be determined. 2023 - 2028 Capital Improvement Program 803-14 15`4 it; 4Y 'Pi sw= zHazelnut Park Reservoir Feasibility Study 14475 59th Avenue S Water Supply Distribution System Water Reservoir Treatment Plant • • Source' Note: Pumps and valves are located at a variety of locations throughout the distribution system. l\Lirn • Water Source: We purchase treated water from Seattle, drawn from the Tolt and Cedar rivers. • Storage and Distribution: Our existing and planned reservoirs store and distribute water via pumps and gravity. • Interconnected Systems: Seattle's intertie connects our water systems, ensuring supply reliability. • Community Impact: Both commercial and residential properties benefit from our water distribution, covering approximately 70% of the City. • Future Planning: We're expanding infrastructure to meet growing demands and ensure long-term sustainability. • 2.5 MG is equivalent to one person taking two baths a day (-40 gallons each), everyday for 85 years. • ...or 125 Tukwila swimming pools. 301 Site Location Th 141st 42nd Re 13 7th 4` Showalter I Tukwila Middle Foyer High Fool Schof . School 144th $ E S 145tt St S 14$th St S15i St 0 Thorndyke 152n0 �5t Elementary a 156th St 4tte r Park S 13 Crystal Cnrinet Dm-rlr L 1f1JSS: •M t - Tukwil. Pkwy ••iOh■ ■ i Mt ■ ■ i 1 Site oaf CAROL 3 Existinc Improvements • Hazelnut Park to remain • Tukwila Heritage and Cultural Center to remain • Vacated fire station to be demolished • Adjacent residential properties Hazelnut Park Heritage Center Fire Station CAROL 4 Currently Underway: Alternatives Analysis • Three alternatives: Concrete reservoir, partially buried Concrete reservoir, fully buried Steel tank reservoir, above grade • Booster pump station required for all alternatives • Six evaluation criteria -> Construction Cost Risk Lifecyle/ Maintenance Community Impacts Land Use Code Community Benefits CAROL 5 Example Reservoir (Partially Buried) • 2.5 MG prestressed, partially buried concrete tank • 112' diameter, 28' height • Alpine, CA • Opportunities to incorporate pickleball or other recreational facilities on top CAROL 6 Example Reservoir (Fully Below Grade) • Crestview Park, Tukwila Highline Water District reservoir (7.6 MG) • Seward Park, Seattle Seattle Public Utilities CSO storage facility (2.65 MG) CAROL 7 Example Reservoir (Steel Tank) • Mercer Island, WA (2) 4 MG reservoirs • Sammamish Plateau 2 MG Next Steps • Complete alternatives analysis and select preferred alternative • Finalize Feasibility Study Report (April 2024) • City determination of whether to proceed with site and alternative Scope design contract for preferred alternative Scope design contract for service level intertie to allow multi -zone storage utilization CAROL 9