CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to the State Route 99 Alaskan Way Viaduct and Seawall Replacement Program; authorizing the Mayor or the Mayor’s designees to execute an agreement with the State of Washington to set forth roles and responsibilities for the State of Washington’s project to decommission the Battery Street Tunnel once the bored tunnel is open to drivers.
body
WHEREAS, by Letter of Agreement (“LOA”) dated January 13, 2009, the Governor, the King County Executive, and the Mayor of The City of Seattle (“City”) recommended replacement of the existing Alaskan Way Viaduct structure in the central waterfront area with a bored tunnel and associated improvements to City streets and transit (“Alaskan Way Viaduct and Seawall Replacement Program” or “Program”); and
WHEREAS, the LOA allocated responsibility to the State of Washington (“State”) for demolishing the existing Alaskan Way Viaduct structure once the bored tunnel is opened to drivers; and
WHEREAS, the LOA also allocated responsibility to the State for decommissioning the Battery Street Tunnel (“Project”); and
WHEREAS, the State Legislature, by enacting RCW 47.01.402 in 2009, endorsed the bored tunnel as the preferred alternative and authorized State funding; and
WHEREAS, the State Route 99 Tunnel Final Environmental Impact Statement (EIS), signed by the State and the City (“Parties”), identified the Tolled Bored Tunnel Alternative as the preferred alternative, which included decommissioning the Battery Street Tunnel; and
WHEREAS, in October 2009 the Parties entered into agreement GCA 6366, which was authorized by Seattle City Council Ordinance 123133, and which confirmed the State’s responsibility for decommissioning the Battery Street Tunnel, and set forth the Parties’ roles and responsibilities for the Program; and
WHEREAS, completion of projects identified in GCA 6366 included the Project; and
WHEREAS, in May 2011, the Parties entered into agreement GCA 6486, which was accepted by Seattle City Council Ordinance 123542, and which recognized that the Project would be subject to a future agreement between the Parties; and
WHEREAS, on August 2, 2017, the Parties executed agreement GCA 1271, a Funding Agreement for the Alaskan Way Reconstruction Project (“Funding Agreement”); and
WHEREAS, in December 2017, the Parties entered into Agreement GCB 1970 which was accepted by Seattle City Council Ordinance Number 125501 and which set forth Parties’ roles and responsibilities for the Alaskan Way Viaduct demolition; and
WHEREAS, the Funding Agreement commits the Parties to complete an agreement, prior to City Council approval, related to permitting and construction of the Project; and
WHEREAS, the Parties have been working diligently and completed the good faith negotiations regarding the Project, and Memorandum of Agreement GCB 1217, SR 99 Alaskan Way Viaduct Replacement Program Battery Street Tunnel Decommissioning Project (“Decommissioning Agreement”), is intended to identify roles and responsibilities for the implementation of the Project; and to satisfy the agreement requirement in the Funding Agreement; and
WHEREAS, the Project may be a part of a Design-Build Contract, as defined in the Decommissioning Agreement, that will also include demolishing the existing Alaskan Way Viaduct and construction of the surface streets north of the Battery Street Tunnel; and
WHEREAS, the Project will require the use of existing City street right-of-way; and
WHEREAS, the City and the State agree to work collaboratively toward the successful completion of the Project; and
WHEREAS, the City and the State will work together to coordinate construction activities that are happening simultaneously in the Project area; and
WHEREAS, the construction of the surface streets north of the Battery Street Tunnel is addressed in GCA 6486; and
WHEREAS, the State and the City, through the Seattle Department of Transportation, Seattle Public Utilities, and Seattle City Light, are entering into this agreement; and
WHEREAS, some of the work covered by this agreement may be accomplished by executed Task Order documents; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The Mayor of Seattle or the Mayor’s designees are hereby authorized to execute, for and on behalf of The City of Seattle (“City”), the “Memorandum of Agreement No. GCB 1217 SR 99, Alaskan Way Viaduct Replacement Program Battery Street Tunnel Decommissioning Project,” between the City and the State of Washington, substantially in the form attached to this ordinance as Attachment 1.
Section 2. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2018, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2018.
____________________________________
President ____________ of the City Council
Approved by me this ________ day of _________________________, 2018.
____________________________________
Jenny A. Durkan, Mayor
Filed by me this ________ day of _________________________, 2018.
____________________________________
Monica Martinez Simmons, City Clerk
(Seal)
Attachments:
Attachment 1 - Memorandum of Agreement No. GCB 1217, SR 99 Alaskan Way Viaduct Replacement Program Battery Street Tunnel Decommissioning Project
Exhibit A -
Exhibit A-1 - Project Description and Scope
Exhibit A-2 - Depiction of Seattle City Light Scope of Work
Exhibit A-3 - South Portal Battery Street Tunnel Concept Plan
Exhibit B - Task Order Procedures
Exhibit C - Design Review, Construction Management, Inspection, Redline and Record Drawings, and Acceptance Procedures
Exhibit D - Portion of GCA 5739, Project Services Agreement
Exhibit E - Section 1-07.18 of the draft Design-Build Contract, Insurance
Exhibit F - GCA 6486, Exhibit D