10a. Memo

East Marginal Way Corridor Improvement Project MOU

AGENDA MEMORANDUM                        Item No.          10a 
ACTION ITEM                            Date of Meeting      February 8, 2022 
DATE :     January 13, 2022 
TO:        Stephen P. Metruck, Executive Director 
FROM:    Geraldine Poor, Regional Transportation Senior Manager 
SUBJECT:  East Marginal Way Corridor Improvement Project, Memorandum of Understanding
between Port of Seattle and City of Seattle 
Amount of this request:               $5,500,000 
Total estimated project cost:          $5,500,000 
Request Port of Seattle Commission authorization for the Executive Director to execute a
Memorandum of Understanding (MOU) in substantially the form attached for $5.5 million in
partnership with the City of Seattle on the East Marginal Way Corridor Improvement Project. 
Consistent with the commitment in the 2015 Heavy Haul Agreement between the Port of Seattle
(Port) and the City of Seattle (City), this MOU provides the framework for Port participation in
the City's East Marginal Way Corridor Improvement Project with a $5.5 million Port investment.
The current Project MOU also references separate Temporary Construction Easements and one
or more maintenance easements to be completed after construction. Additionally, the City
commits to their contractors' construction coordination with the Port, The Northwest Seaport
Alliance (NWSA) and tenants. Finally, the City is responsible for environmental review, public
involvement, and outreach. 
In 2015, the Port and City entered into a Heavy Haul Agreement to contribute Port funding
toward the cost of Heavy Haul Network roadway repair or rebuilding projects. The agreement
calls for a total Port contribution of $10.1 million to defray the cost of heavy trucks on city streets.
Based on a joint pavement study (2019) and the Heavy Haul Network project list and schedule
(2021), the City and Port agree that the East Marginal Way Improvement Project  North Segment 
will receive up to $5,500,000. This was derived from the study's estimation of cost to build to
heavy haul standards, and such funding was applied among the City's planned heavy haul
projects, of which East Marginal Way is the first. 

Template revised January 10, 2019.

COMMISSION AGENDA  Action Item No. 10a                                 Page 2 of 4 
Meeting Date: February 8, 2022 
East Marginal Way is one of the City's most important transportation corridors both supporting
the region's economic resilience and equitable health and access opportunities. The corridor
parallels the Duwamish Waterway, running the length of the Manufacturing-Industrial Center,
through the center of our industrial jobs base. It provides access to the Port-owned and NWSA-
operated terminals, to manufacturing, warehousing, and commercial businesses, to freight rail
yards and to the national highway system, including I-5 and the western terminus of I-90. 
With significant freight volumes being moved along East Marginal Way, this roadway is in critical
need of investment to support continued growth of freight activity and safe travel by all users.
East Marginal Way serves as a critical last-mile connector and vital route for oversized trucks and,
at the same time, is an important corridor for many of the people who work or need to access
goods in the manufacturing industrial center by car, bike or on foot. 
The City has developed this Project to address the full range of these uses, specifically designing
it to meet state Heavy Haul freight standards while also incorporating a protected bike facility. 
Diversity in Contracting 
As a federal grant funded project, the City will be following Federal Highways Administration's
(FHWA's) Disadvantaged Business Enterprise (DBE) Condition of Award (COA) goals. 
This project will: 
Improve safety and reliability in the movement of people and goods. 
Support freight loads by rebuilding East Marginal Way to heavy haul standards. 
Promote efficiency through signal modifications, improving wayfinding and lighting, and
intelligent transportation systems. 
Improve safety by separating non-motorized modes of traffic from vehicle traffic. 
Scope of Work 
The Project includes improvements for freight mobility and the safety of all users on the North
Segment of the East Marginal Way Corridor. 
Improvements related directly to port operations provide for: 
Reconstruction of the East Marginal Way S roadway to heavy haul standards from
approximately S Massachusetts St to S Spokane St. 
Terminal 25S driveway redesign and reconstruction. 
Rebuilt intersection, traffic signal and potential railroad crossing relocation at S Hanford
St, improving signal operations and safety. 
Improvements related to a new protected bicycle lane include: 
New signalized diagonal bicycle crossing at East Marginal Way S and S Horton St improving
safety and truck turning radii. 

Template revised June 27, 2019 (Diversity in Contracting).

COMMISSION AGENDA  Action Item No. 10a                                 Page 3 of 4 
Meeting Date: February 8, 2022 
2-way protected bike lane primarily on the east side of the street between S Atlantic St
and S Spokane St that improves the safety of all corridor users by separating modes. 
Multi-use path on the street's west side between S Horton St and S Spokane St. 
Civil and signal adjustments as needed at S Atlantic St and S Spokane St to accommodate
the protected bike lane. 
Lighting and landscaping along the 2-way protected bike lane. 
Rebuilding the sidewalk on the west side of East Marginal Way S adjacent to the roadway
reconstruction north of S Horton St. 
Improvements related to city utilities include: 
Replacing the existing water main in areas where the roadway will be reconstructed north
of S Horton St, a concurrent project element, will be funded by Seattle Public Utilities. 
Project Objectives 
The Port's participation in the project will: 
Partially fulfill requirements of the Port's Heavy Haul Agreement financial commitments. 
Improve trucking operations, safety, and access to Port/NWSA terminals. 
Ensure port needs are incorporated into the design and allow port engagement in
maintenance of traffic during construction. 
Advance construction in 2022 by completing the funding package along with local,
regional, state, and federal funding partners. 
The City is the implementing agency for this project. Construction is anticipated to occur between
2022 and 2025. 
Cost Breakdown                                     This Request           Total Project 
Construction                                             $5,500,000             $5,500,000 
Total                                                         $5,500,000              $5,500,000 
Alternative 1  Do Nothing 
Cost Implications: $0 contribution 
(1)   No costs incurred. 
(1) Without Port investment, this project would not have sufficient funding to move forward,
and the corridor improvements would be delayed or never completed. 
(2) Federal partnership funding would be lost. 

Template revised June 27, 2019 (Diversity in Contracting).

COMMISSION AGENDA  Action Item No. 10a                                 Page 4 of 4 
Meeting Date: February 8, 2022 
(3) The Port's Heavy Haul commitment would remain because the City has no other Heavy
Haul project underway at this time. 
This is not the recommended alternative. 
Alternative 2  Proceed to enter into the Memorandum of Understanding. 
Cost Implications: $5,500,000 budgeted in the Heavy Haul Agreement item in the Port's 
Transportation and Infrastructure Fund. 
(1)   Improves operations, safety, and port access. 
(2)   Partner with the city to advance construction. 
(3)   Implement commitments of the 2015 Heavy Haul Agreement. 
This is the recommended alternative. 
Annual Budget Status and Source of Funds 
This agreement represents a partnership investment by the Port of $5,500,000 in the City's
project, for which the Seattle Department of Transportation (SDOT) current cost estimate is 
$38,130,000 for the construction phase. 
Three payments would be made on a reimbursement basis as work is completed: 
$2,200,000 at 50% progress 
$2,200,000 at Substantial Completion and 
$1,100,000 at Final Acceptance 
This payment schedule supersedes the requirement in Paragraph 3.2.iv of the Heavy Haul
Agreement limiting annual contributions to Two Million Dollars ($2,000,000) during any single
calendar year. 
Funding is included in the Heavy Haul Agreement budget of $20 million, with funding reserved
in the Port's Transportation and Infrastructure Fund. 
(1)   2015 Heavy Haul Memorandum of Agreement 
(2)   Draft East Marginal Way Memorandum of Understanding 
(3)   Presentation 
September 22, 2015  The Commission authorized the Chief Executive Officer to sign a MOU 
with the City of Seattle to contribute between $10 million and $20 million through 2035
for future roadway repair and construction projects located within Seattle's Heavy Haul
network to benefit the movement of cargo within the Seattle harbor. 

Template revised June 27, 2019 (Diversity in Contracting).

Limitations of Translatable Documents

PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.