HomeMy WebLinkAboutUtilities 2009-09-29 COMPLETE AGENDA PACKET Distribution: B. Giberson S. Kerslake
C ity of Tukwila K. Hougardy F. Iriarte M. Miotke
Ut U ti l ities J f C m m t m P. Linder P. Brodin J. Pace
ilities orr tee D. Robertson G. Labanara C. Parrish
Mayor Haggerton R. Larson B Arthur
J. Hernandez M. Cusick J Eide
4- Kathy Hougardy, Chair R. Berry P Lau File Ccpy
K. Matej M Mathia Single side to Dana
Pam Linder D. Speck S. Ancerson 3 Extra Copies
e C. O'Flaherty J. Howat e -mail to Saxton,Hart
i� Dennis Robertson M. Hart B. Still C O'Flahery, Narog,
S Norris R Still S. Norris and S. Kirby
N Olivas S. Hunstock
AGENDA
TUESDAY, SEPTEMBER 29, 2009
Time; 5:00 PM Place: Conference Room #1
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I. Current Agenda Review I.
II. Presentation(s) II.
III. Business Agenda III•
A. NPDES Program A. Forward to 10/12/09 C.O.W. Pg. 1
Dept of Ecology's Grant Program and 10/19/09 Regular
B. Surface Water's GIS Inventory Area 6 B. Forward to 10/12/09 C.O.W. Pg. 19
Consultant Agreement and Scope of Work and 10/19/09 Regular
C. Ordinance Amending TMC Chapter 11.08 C. Forward to 10/12/09 C.O.W. pg. 33
Permit Fees for Right -of -Way and Private and 10/19/09 Regular
Property
IV. Old Business IV.
Future Agendas:
Next Scheduled Meeting: Tuesday, October 13, 2009
Committee Goals:
Study the feasibility and implementation of televised City Council meetings.
Continue to foster relationships within local, regional, and state entities that encourage opportunities for
joint partnership and outreach.
S The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206 433 -0179 for assistance.
City of Tukwila
INFORMATIONAL MEMORANDUM
To: Mayor Haggerton
UTILITIES COMMITTEE i
From: Interim Public Works Director
Date: September 22, 2009
Subject: NPDES Program
Project No. 93 -DR10
Department of Ecology's Grant Program Year 2010 -11
Attachments: Ecology Grant Number G1000250
W \PW Eng \PROJECTS\A- DR Projects \93 -dr10 (NPDES Program)\info Memo Ecology Grant 9- 21- 09.doc
Jim Haggerton, Mayor
ISSUE
Authorize Mayor to sign a grant agreement with the Washington State Department of
Ecology.
BACKGROUND
In the 2007 -2009 biennium, Washington State Legislature provided $9 million in base
funds for stormwater management activities to local governments implementing NPDES
Phase II requirements. Tukwila received $75,000 in grant funds that were available in
the first round, but not all jurisdictions took advantage of the funds.
The Department of Ecology is now offering a $50,000 pass- through grant to each of the
Phase II Stormwater NPDES Permit Holders with the remaining funds. Funding for this
grant was made effective July 1, 2009 and expires on June 30, 2011. City matching
funds are not required.
ACTION TAKEN
Staff notified the Department of Ecology of our intention to accept the $50,000 grant to
continue the efforts of implementing the City's NPDES Stormwater Management Plan.
The funds will be used to offset a portion of the GIS expense for Area VI.
RECOMMENDATION
The Council is being asked to approve a grant agreement with the Washington State
Department of Ecology in the amount of $50,000.00 for the NPDES Program and
consider this item at the October 12, 2009 Committee of the Whole meeting and
subsequent October 19, 2009 Regular Meeting.
DEPARTMENT OF
ECOLOGY
State of ';Vashington
THIS is a binding agreement entered into, by, and between the state of Washington Department of
Ecology (DEPARTMENT), and City of Tukwila (RECIPIENT). The purpose of this agreement
is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFORMATION
Project Title: Phase II Stormwater Pass through Grant
Program
Grant Number: G1000250
RECIPIENT Name and Address:
RECIPIENT Contact:
Telephone Number:
Fax Number:
E -Mail Address:
RECIPIENT Billing Contact:
Telephone Number:
Fax Number:
E -Mail Address:
RECIPIENT Federal ID Number:
DEPARTMENT Project /Financial Manager:
Mailing Address:
Telephone Number:
Fax Number:
E -Mail Address:
DESIGNATED LOCAL
GOVERNMENT PARTNERS
(if applicable)
ECY 070 357 (Rev. 9/09)
FY 2010 -2011 PHASE II STORMWATER PASS- THROUGH
GRANTS PROGRAM
GRANT AGREEMENT BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
City of Tukwila
6300 Southcenter Blvd. Suite 100
Tukwila, WA 98188 -8548
Greg Villanueva
(206) 431 -2442
(206) 431 -3665
gvillanueva @ci.tukwila.wa.us
Greg Villanueva
(206) 431 -2442
(206)431 -3665
gvillanueva @ci.tukwila.wa.us
91- 6001519
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504 -7600
360- 407 -6502
360- 407 -7151
N/A
Phase II Stormwater Pass through Grant
For partnerships, the lead government and partners must submit a copy of the signed agreement in
Appendix B with each copy of the grant agreement.
DEPARTMENT Funding Source: 2010 -2011 Biennial Operating Budget /Local
Toxics Control Account
Total Cost (up to $50,000 each recipient):
Total Eligible Cost (up to $50,000 each Recipient):
50,000
50,000
DEPARTMENT Share ($50,000 each Recipient): 50,000
DEPARTMENT Maximum Percentage: 100%
The effective date of this grant agreement is July 1, 2009. Any work performed prior to the
effective date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement expires on June 30, 2011.
PART II. PERFORMANCE MEASURES
A. Water Oualitv Goal.
Improved stormwater management and water quality protection associated with
development and implementation of a stormwater management program.
B. Proiect Outcomes.
Local Government Stormwater Grants for local governments to receive grants for
municipal stormwater programs, including but not limited to implementation of Phase II
municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits.
C. Post Proiect Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT's Performance Measures Lead will e -mail the
RECIPIENT the Post Project Assessment Survey.
The DEPARTMENT may conduct on -site interviews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the Washington State Legislature,
United States Environmental Protection Agency, and other natural resource agencies.
Approximate Post Project Assessment Date: June 30, 2012
Page 2of17
Phase II Stormwater Pass through Grant
PART III. PROJECT DESCRIPTION
The RECIPIENT's stormwater project will address implementation or management of municipal
stormwater programs.
PART IV. PROJECT BUDGET
Phase II Stormwater Pass through Grant Program
ELEMENTS
Task 1 Project Administration/Management (limited to 10% of total)
Task 2 Implementation and management of Stormwater Program
Total (limited to $50,000 per Recipient partner)
TOTAL ELIGIBLE
COST (TEC)*
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 2010 -11 (100% of TEC) 50,000
Payment Request Submittals. Payment requests will not be submitted more often than monthly,
unless allowed by the DEPARTMENT's Project /Financial Manager. The DEPARTMENT's
Project /Financial Manager may require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments will be made on a cost reimbursable basis.
PART V. SCOPE OF WORK
Page 3of17
50,000
50,000
The RECIPIENT shall ensure that this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of
the final contract to the DEPARTMENT's Project /Financial Manager.
Task 1 Proiect Administration Management
A. The RECIPIENT shall administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of and compliance with all required
Phase II Stormwater Pass through Grant
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT shall manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation, to the DEPARTMENT's Project /Financial Manager. Copies of all
applicable forms shall be included with an original A19 -1A, and shall be submitted to the
DEPARTMENT. Blank forms are found in Administrative Reauirements for Recipients
of Ecoloev Grants and Loans at htto:// www.ecv.wa.eov/biblio /9118.html
Required Forms:
Form A19 (original signature)
Form B2 (ECY 060 -7)
Form C2 (ECY 060 -9)
Form D (ECY 060 -11)
Where Eligible Costs Have Incurred:
Form E (ECY 060 -12)
Form F (ECY 060 -13)
Form G (ECY 060 -14)
Form H (F -21)
Form I (ECY 060 -15)
D. If work conducted results in a report, the RECIPIENT shall submit the following to the
DEPARTMENT's Project /Financial Manager and in the quantities identified:
Draft project completion reports one electronic copy
Final project completion reports five copies
Electronic copy of final project completion report
The RECIPIENT shall submit two copies of any document(s) which requires
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
Task 2 Implementation of Stormwater Planning and Management Needs
A. The RECIPIENT shall address stormwater management needs that protect or restore water
quality. The RECIPIENT may conduct work related to implementation of activities
required by the municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permits.
Page 4 of 17
Phase II Stormwater Pass through Grant
B. Check the boxes that represent the activities funded under this grant:
Public education and outreach activities
Public involvement and participation activities
X Illicit discharge detection and elimination (IDDE) program activities, including:
X Mapping or geographic information systems of municipal separate storm sewer
systems (MS4s);
n Staff training
Activities to identify and remove illicit stormwater discharges;
n Dry weather outfall screening procedures and field activities;
Complaint hotline database or tracking system improvements.
n Activities to support programs to control runoff from new development, redevelopment,
and construction sites, including:
Development of an ordinance and associated technical manual
n Inspections before, during, and upon completion of construction, or for post
construction long -term maintenance.
Training for plan review and /or inspection staff
n Pollution prevention, good housekeeping, and operation and maintenance program
activities, such as:
n Inspecting and /or maintaining the MS4 infrastructure
n Developing and /or implementing policies, procedures, or stormwater pollution
prevention plans at municipal properties or facilities.
Annual reporting activities, including developing a summary of identified barriers to the
use of low impact development.
Establishing and refining stormwater utilities, including stable rate structures.
n Water quality monitoring to implement permit requirements for a Water Cleanup Plan
(TMDL). Note that any monitoring funded by this program requires submittal of a Quality
Assurance Project Plan that Ecology approves prior to awarding funding for monitoring.
n Developing a report to plan for monitoring the next pellnit cycle.
Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to implementing a
permit requirement (such as a vactor truck) rather than general use (such as a general us
pick -up truck). Qualified equipment purchases include but are not limited to:
Illicit discharge testing equipment and materials
E Vactor truck or sweeper truck for MS4 maintenance activities
n Electronic devices dedicated to mapping of MS4 facilities and attributes
n Software dedicated to tracking permit implementation activities
n Other activities consistent with the funding purposes of this program that support
stormwater management programs or permit compliance, which can be completed by the
June 30, 2011, deadline. Provide brief description in the space below:
II
11
11
II
Page 5of17
Phase II Stormwater Pass through Grant
PART VI. SPECIAL TERMS AND CONDITIONS
A. Commencement of Work. In the event that the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this agreement.
B. DEPARTMENT Fundine Recognition. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project as appropriate.
Examples include project signs and /or acknowledgement in published materials and
reports, the news media, or other public announcements. Projects addressing site specific
locations must utilize appropriately sized and weather- resistant signs.
C. Eauipment Purchase. The purchase of equipment may be eligible under this project. If the
RECIPIENT determines that equipment is needed to achieve the project outcomes, a
request must be made to the DEPARTMENT. All equipment purchases must have prior
approval by the DEPARTMENT. Allowable equipment purchases include equipment
needed to implement permit requirements (such as a vactor truck) rather than for general
use (such as general use pick -up truck).
D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect
rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs
incurred while conducting project related work, provided that prior to signature of this
agreement, the DEPARTMENT's Project /Financial Manager may require a list of items
included in the indirect rate during negotiations or thereafter. Items that are generally
included in an indirect rate are identified in Administrative Reauirements for Recipients of
Ecoloav Grants and Loans.
E. Meetins /Light Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this project. The total amount spent for light
refreshments under this agreement cannot exceed $300.
F. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and
recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE)
businesses in purchases and contracts initiated after the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
M /WBE participation is encouraged, however, and the RECIPIENT and all prospective
bidders or persons submitting qualifications should take the following steps, when
possible, in any procurement initiated after the effective date of this agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
Page 6 of 17
Phase II Stormwater Pass through Grant
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
Please include the following information:
1. Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub and /or sub subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
G. Progress Reports. The RECIPIENT shall submit quarterly Progress Reports to the
DEPARTMENT's Project /Financial Manager. Payment requests will not be processed
without a Progress Report.
Reporting Periods.
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the
quarter.
Report Content. At a minimum, all Progress Reports must contain a comparison of
actual accomplishments to the objectives established for the period, the reasons for delay
if established objectives were not met, analysis and explanation of any cost overruns, and
any additional pertinent information specified in this agreement.
H. Water Oualitv Monitoring. Prior to initiating water quality monitoring activities, the
RECIPIENT must prepare a Quality Assurance Project Plan (QAPP) that follows
Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans
for Environmental Studies, February 2001 (Ecology Publication No. 01 -03 -003).
The RECIPIENT must submit the QAPP to the DEPARTMENT for review, comment, and
must be approved before starting the environmental monitoring activities.
The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze
water samples for all parameters to be analyzed that require bench testing.
The RECIPIENT should manage all monitoring data collected or acquired under this
agreement in order to be available to secondary users and meet the "ten -year rule."
Monitoring Data Submittal Environmental Information Management System. Funding
recipients that collect water quality monitoring data must submit all appropriate data to
Ecology through the Environmental Information Management System (EIM).
Page 7of17
Phase II Stormwater Pass through Grant
PART VII. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS. the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
"Yellow Book'), and the Local Government Stormwater Grants Program FY 2008 contain the
entire understanding between the parties, and there are no other understandings or representations
other than as set forth or incorporated by reference, herein. No subsequent modification(s) or
amendment(s) of this agreement shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement,
EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may
redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective
staff contacts without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
DATE DATE
KELLY SUSEWIND, P.E., P.G. NAME: Jim Haggerton
WATER QUALITY PROGRAM MANAGER TITLE: Mayor
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised 8/14/09)
Page 8 of 17
City of Tukwila
JURISDICTION
Phase II Stormwater Pass through Grant
Appendix A
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant /loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant
assistance if that has been included in the agreement's final scope of work and budget.
B. SUBGRANTEE /CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms
and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third -party beneficiary
of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use
by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local
laws, orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and pennits required by authorities having jurisdiction over the project,
provide assurance to the DEPARTMENT that all approvals and permits have been secured, and
make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by
all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT
further agrees to affirmatively support the program of the Office of Minority and Women's
Business Enterprises to the maximum extent possible. If the agreement is federally- funded, the
RECIPIENT shall report to the DEPARTMENT the percent of grant /loan funds available to
women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable
laws, regulations, and policies of the United States and the State of Washington which affect
wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
Page 9of17
Phase II Stormwater Pass through Grant
DEPARTMENT shall have the right to immediately terminate this agreement for cause as
provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he /she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object.
All grant /loan records shall be kept in a manner which provides an audit trail for
all expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant /loan records shall be open for audit or inspection by the DEPARTMENT
or by any duly authorized audit representative of the State of Washington for a period of at least
three years after the final grant payment /loan repayment or any dispute resolution hereunder. If
any such audits identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and /or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative
for inspection at any time during the course of this agreement and for at least three years
following grant /loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States,
Local Governments Non Profit Organizations), including the compliance Supplement to OMB
Circular A -133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the
final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit
report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports
are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through
June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due
within thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
Page 10 of17
Phase II Stormwater Pass through Grant
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by
the RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable
costs by major elements as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Ecology Grants and Loans part
IV, published by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be
made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the
RECIPIENT pursuant to the grant /loan agreement and performed after the effective date and prior
to the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty- five(45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10 of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's
sole discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to
final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant /loan
shall be refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for
state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
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Phase II Stormwater Pass through Grant
K. TERiMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement.
In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform
any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further
funds thereunder and /or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to
the effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become
Department property and the RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and /or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The
failure to appropriate or allot such funds shall be good cause to terminate this agreement as
provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds
paid to the RECIPIENT in accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this agreement, or by
any date mutually agreed upon in writing for commencement of work, the DEPARTMENT
reserves the right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not
be construed as a modification of the terms of this agreement unless stated as such in writing by
the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable
materials or invents any patentable property, the RECIPIENT may copyright or patent the same
but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes.
Page 12 of 17
Phase II Stormwater Pass through Grant
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200 -212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use
or publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of
"Administrative Requirements for Ecology Grants and Loans Part V, shall control the use and
disposition of all real and personal property purchased wholly or in part with funds furnished by
the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it
shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT
shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such
property.
5. Acquisition Projects. The following provisions shall apply if the project covered
by this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost of land /or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Ton certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would
impair the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease
or other conversion or encumbrance which monies granted pursuant to this agreement bear to the
total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa.gov /sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion
of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason,
to perform obligations required of it by this agreement, the RECIPIENT may, at the
Page 13 of 17
Phase II Stormwater Pass through Grant
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant /loan
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the
opinion of the DEPARTMENT by such failure to perfolui.
Interest shall accrue at the rate of twelve percent (12 per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by
an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be
responsible. In the event there is a dispute with regard to the extent and character of the work to
be done, the determination of the Project Officer or other designated official as to the extent and
character of the work to be done shall govern. The RECIPIENT shall have the right to appeal
decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this
agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises
any function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his /her personal interest or the interest of any
corporation, partnership or association in which he /she is, directly or indirectly interested; nor
shall he /she have any personal or pecuniary interest, direct or indirect, in this agreement or the
proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
Page 14 of 17
Phase II Stormwater Pass through Grant
2. To the extent that the Constitution and laws of the State of Washington permit,
each party shall indemnify and hold the other harmless from and against any liability for any or
all injuries to persons or property arising from the negligent act or omission of that party or that
party's agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable
Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions;
(d) Any terms incorporated herein by reference including the "Administrative Requirements for
Ecology Grants and Loans and (e) the General Terms and Conditions.
SS -010 Rev. 04/04
Page 15 of 17
Phase II Stormwater Pass through Grant
Appendix B
PARTNERSHIP AGREEMENT FOR ECOLOGY GRANTS
FY2010 -2011 PHASE II STORMWATER PASS THROUGH GRANTS
The cities, towns, and counties listed below agree to partner under one grant agreement for the
FY2010 -2011 Phase II Stormwater Pass through Grants. The grant shall be administered on
behalf of the partners by the Lead Phase II Local Government. Each partner local government is a
city, town, or county permittee under the Phase II Western Washington Municipal Stormwater
General Permit or the Phase II Eastern Washington Municipal Stomlwater General Permit.
Lead Phase II Local Government:
Phase II permit coverage number:
Signature of authorized representative:
Partner Local Government #1:
Phase II permit coverage number:
Signature of authorized representative:
Partner Local Government #2:
Phase II permit coverage number:
Signature of authorized representative:
Title
Date
Title
Date
Title
Date
Page 16 of 17
Phase II Stormwater Pass through Grant
Partner Local Government #3:
Phase II permit coverage number:
Signature of authorized representative:
Title
Partner Local Government #4:
Phase II permit coverage number:
Date
Signature of authorized representative:
Title
Date
If you require special accommodations or need this document in a format for the visually
impaired, call the Water Quality Program at 360- 407 -6502. Persons with hearing loss can call
711 for Washington Relay Service. Persons with a speech disability can call 877 833 -6341.
Page 17 of 17
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Interim Public Works Director
DATE: September 23, 2009
SUBJECT: GIS Inventory Area 6
Project No. 02 -DR01
Consultant Agreement and Scope of Work
Jim Haggerton, Mayor
ISSUE
Approve consultant agreement with Perteet Engineering, Inc., to conduct the sixth area of the GIS
Public Works Infrastructure Inventory.
BACKGROUND
The City is performing a multi phased inventory that will map all City -owned storm facilities and
survey monuments throughout the City. To date, the City completed the Northern Quadrant and
Areas 2, 3, 4 and 5. The subject project is the sixth phase of this effort and will map the following
areas:
1. Gateway Drive area north of 1 -5 and east of Interurban Ave. S.
2. Outfalls to the Duwamish River between the Allentown Bridge and 1 -5.
3. Between the east margin of 1 -5 and Interurban Ave S., south of S. 144 St., north of 1 -405.
ANALYSIS
Perteet Engineering, Inc. was selected to perform the first five phases of this project. Their work
was satisfactory and met all of the project requirements. Perteet Engineering is extremely familiar
with the City's GIS system and will easily integrate all new data into the results of the previous four
phases; therefore, it is recommended that they complete the next phase of this project.
A scope of work was developed with Perteet Engineering, Inc. based on the characteristics of Area 6
and what was developed and learned during the previous phases. This scope includes mapping all
storm drainage and survey monuments within the public right -of -ways in the survey area.
BUDGET SUMMARY
This project will be funded through the 412 Surface Water Fund.
Cost Budget (2010)
Perteet Engineering, Inc. Area 6 150,000 150,000
RECOMMENDATION
The Council is being asked to approve a consultant agreement with Perteet Engineering, Inc. in the
amount of $150,000.00 for consideration at the October 12, 2009 Committee of the Whole meeting
and subsequent October 19, 2009 Regular Meeting.
Attachments: Page 149, 2009 CIP
Area Map
Consultant Agreement
W: \PW Eng \PROJECTS\A- DR Projects \02 -DRO1 (GIS Area 6) \Info Memo Area 6.doc
PROJECT: GIS Inventory
DESCRIPTION: The GIS inventory will establish citywide as -built drawings for public drainage systems.
JUSTIFICATION: State NPDES requirements include provisions for permitted jurisdictions to compile accurate drainage system
maps for all outfalls 24" or greater.
STATUS: GIS (Geographic Information Systems) mapping; Area #1 completed in 2003, Area #2 in 2005, Area #3 in 2006,
Area #4 in 2008, and Area #5 in 2009. Area #6 began in 2009 with completion in 2010.
MAINT. IMPACT: GIS information will allow maintenance to better track storm facility maintenance needs.
COMMENT: National Pollution Discharge Elimination System (NPDES). GIS is expected to be completed in 2011.
FINANCIAL Through Estimated
(in $000's) 2008 2009 2010 2011 2012 2013 2014 2015 BEYOND TOTAL
EXPENSES
Design 833 128 150 150 1,261
Land (R /W) 0
Const. Mgmt. 0
Construction 0
TOTAL EXPENSES 833 128 150 150 0 0 0 0 0 1,261
FUND SOURCES
Awarded Grant
Proposed Grant
Mitigation Actual
Mitigation Expected
Utility Revenue 833 128 150 150 0
TOTAL SOURCES
833
128
Project Location:
Entire System
2010 2015 Capital Improvement Program
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2010 to 2015
LINE ITEM: 412.02.594.38 .22 PROJECT NO. 02 -DRO1
150
150
149
0
0
0
0
0
0
0
0
0
0 0 1,261
0 0 1,261
Map Legend
Area 1
Area 2
Area 3
Area 4
Area 5
Area 6
City Surveyed
City of Tukwila
GIS Inventory Phase Map
City Surveyed
CONSULTANT AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington,
hereinafter referred to as "the City and Perteet, Inc. hereinafter referred to as "the
Consultant in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. Project Designation. The Consultant is retained by the City to perform engineering
services in connection with the project designated Area VI GIS Infrastructure
Inventory.
2. Scope of Services. The Consultant agrees to perform the services, identified on
Exhibit "A" attached hereto, including the provision of all labor, materials, equipment
and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving
of written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement
within 365 calendar days from notice to proceed, unless an extension of such time is
granted in writing by the City.
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 `B" attached hereto, provided that the total amount of payment to
the Consultant shall not exceed $150,000 without written authorization.
B. The Consultant may submit vouchers to the City once per month during the
progress of the work for partial payment for that portion of the project
completed to date. Such vouchers will be checked by the City and, upon
approval thereof, payment shall be made to the Consultant in the amount
approved.
C. Final payment of any balance due the Consultant of the total contract price
earned will be made promptly upon its ascertainment and verification by the
City after the completion of the work under this Agreement and its acceptance
by the City.
D. Payment is provided in this section shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and
incidentals necessary to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be
kept available for inspection by representatives of the City and state for a
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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period of three (3) years after final payments. Copies shall be made available
upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered
under this Agreement shall be the property of the City whether the project for which
they are made is executed or not. The Consultant shall be permitted to retain copies,
including reproducible copies, of drawings and specifications for information,
reference and use in connection with the Consultant's endeavors. The Consultant
shall not be responsible for any use of the said documents, drawings, specifications or
other materials, by the City on any project other than the project specified in this
Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services
contemplated by this Agreement, faithfully observe and comply with all federal, state,
and local laws, ordinances and regulations, applicable to the services to be rendered
under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the
City, its officers, agents and employees, from and against any and all claims, losses or
liability, including attorney's fees, arising from injury or death to persons or damage
to property occasioned by any act, omission or failure of the Consultant, its officers,
agents and employees, in performing the work required by this Agreement. With
respect to the performance of this Agreement and as to claims against the City, its
officers, agents and employees, the Consultant expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries
to its employees, and agrees that the obligation to indemnify, defend and hold
harmless provided for in this paragraph extends to any claim brought by or on behalf
of any employee of the Consultant. This waiver is mutually negotiated by the parties.
This paragraph shall not apply to any damage resulting from the sole negligence of
the City, its agents and employees. To the extent any of the damages referenced by
this paragraph were caused by or resulted from the concurrent negligence of the City,
its agents or employees, this obligation to indemnify, defend and hold harmless is
valid and enforceable only to the extent of the negligence of the Consultant, its
officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance, with a minimum
coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury;
and $500,000 per occurrence /aggregate for property damage, and professional
liability insurance in the amount of $1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named
insured and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the City. Certificates of coverage as
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C:Itempl PgrpwiselContract 090916.doc
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required by this section shall be delivered to the City within fifteen (15) days of
execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this
Agreement. Nothing in this Agreement shall be considered to create the relationship
of employer and employee between the parties hereto. Neither the Consultant nor any
employee of the Consultant shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social
security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to the Consultant, or any employee
of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee
working solely for the consultant, to solicit or secure this contract, and that he has not
paid or agreed to pay any company or person, other than a bonafide employee
working solely for the Consultant, any fee, commission, percentage, brokerage fee,
gifts, or any other consideration contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the City shall have
the right to annul this contract without liability, or in its discretion to deduct from the
contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
11 Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
consultant hereby agree to complete the work under the terms of the Agreement,
if requested to do so by the City. This section shall not be a bar to renegotiations
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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of this Agreement between surviving members of the Consultant and the City, if
the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other
to enforce any provision of this Agreement, the prevailing party in such suit shall be
entitled to recover its costs, including reasonable attorney's fees, incurred in such suit
from the losing party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
17. Integrated Agreement. This agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant
and supersedes all prior negotiations, representations, or agreements written or oral.
This Agreement may be amended only by written instrument signed by both the City
and the Consultant.
DATED this day of 2009
CITY OF TUKWILA CONSULTANT
By:
Jim Haggerton, Mayor Crystal L. Donner
Vice President
Attest /Authenticated: Approved as to Form:
Christy O'Flaherty, City Clerk Office of the City Attorney
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
G:ItempU'PgrpwiselContract 0909/6.doc
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Exhibit "A"
Scope of Services
City of Tukwila
GIS Public Works Infrastructure Inventory
Phase VI
(Between I -5, SR -405, Interurban Ave. and So. 144 St.)
INTRODUCTION
The overall objective of Scope of Services is to provide an inventory and mapping of the
City of Tukwila's Public Works infrastructure. The inventory and mapping for the
infrastructure will be performed within public rights -of -way and easements within the
three areas as defined below:
1. Gateway Drive area north of I -5 and east of Interurban Ave. So.
2. Outfalls to the Green River between the Allentown Bridge and I -5.
3. Between the east margin of I -5 and Interurban Ave. So, south of So. 144 St. to
the north Margin of I -405.
The Inventory Program developed for the previous phases will be the foundation for the
Phase V GIS project. This phase of the inventory will locate, storm drainage structures
and facilities and the center point of street monument cases. We will also provide
measure down to apparent inverts and attempt to determine the size and material of the
connecting storm pipes. Perteet Inc. field crews will make all measurements and
observations from the ground surface. Perteet field personnel are not equipped for, nor
permitted to attempt, a confined space entry.
The work under this agreement will be accomplished under the following elements of
work:
SCOPE OF SERVICES
1.0 Management Coordination /Administration
1.1. Provide continuous project management administration (billing invoices, monthly
progress reports) throughout the project's field data acquisition and GIS
development.
1.2. Develop project schedule. Schedule to be updated by the Consultant at the City's
direction as needed.
1.3. Attend coordination meetings with City staff and prepare meeting minutes. It is
assumed that a total of 6 meetings will be required and additional meetings, at the
City's direction, will be considered additional work.
1.4. Prepare independent QA/QC reviews at the 75% and final project review.
1.5. Coordination of Sub consultants.
2.0 Project Planning
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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2.1. The Consultant analyst will schedule and lead the Project Kickoff and planning
meeting prior to the start of field data collection. This session will focus on the
final identification of features and feature attributes to be collected by field survey
crews. In addition, planning for future uses of the utility and street inventory will
be discussed.
2.2. Acquire both hard copy and electronic mapping that is readily available from
King County, WSDOT, or other sources that show the infrastructure features that
will be inventoried within their geographical areas.
3.0 Field Data Acquisition
3.1. Assumptions:
3.1.1. Elevations will be referenced to NAVD "88" datum.
3.1.2. We estimate that two thirds of inventory data will be acquired by GPS, the
remainder will be by traditional optical equipment based upon GPS
control points.
3.1.3. "Confined Space" entry will not be required by the consultant to complete
the project.
3.1.4. Only visible or easily recovered features will be surveyed.
3.1.5. City of Tukwila will ensure access to all private properties required for the
survey.
3.2. Storm System Survey:
3.2.1. The following visible Storm Sewer system appurtenances will be located
by GPS or optical survey: manhole and catch basins, including invert
elevations, pipe sizes, material and direction of flow, culvert outfalls and
drainage swales.
3.3. Monument Survey:
3.3.1. Perform Global Position System (GPS) Real -time Kinematic (RTK)
survey locating the center of case of visible monuments adjacent to
stormwater inventory locations. No exhaustive investigation,
reconnaissance or research will be performed to recover all of the street
monuments.
4.0 GIS Data Development
4.1. Support Field Data Acquisition
4.1.1. Prepare supporting field map documents as necessary to successfully
complete inventory.
4.1.2. Ensure data transfers are complete and conform to data template design as
prescribed in previous project phases.
4.2. Data Development and Drainage Network Construction
4.2.1. Stormwater sewer systems will be developed into comprehensive
networks.
4.2.2. TetraTech assumes approximately 600 catch basins and 250 culverts, plus
connecting ditches and swales for conversion to GIS.
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
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4.2.3. TetraTech will ensure the digital conversion of streams and integrate them
into the stormwater network within the final Geodatabase product.
4.2.4. To digitally represent the meander bends of both streams and large
ditches, TetraTech will rely primarily on flow points collected by Perteet
field staff at the major turns in these features. TetraTech will "smooth"
the bends in the stream and ditch centerlines using supporting vectors in
the City's existing hydro layer and /or aerial photographs.
4.2.5. QA/QC procedures developed and implemented in Phases I through V to
detect flow anomalies, missing features, and other potential errors will be
used in Phase VI. This includes the use of ArcReader and the creation of
PMF files within problem areas for visual inspection by Perteet field staff.
These errors will be fixed in GIS where possible or will be returned to the
survey team for further research.
4.2.6. Data will be provided to City staff on a regular basis to allow for a final
tier of QA/QC. Data will be made available for download off a secure
web -site or provided to the City in an alternate fashion. We expect to use
the City's ArcReader system developed in Phases I through V to
accomplish this tier of quality assurance.
4.3. Geodatabase Enhancements
4.3.1. The Drainage Network will be integrated into the Personal Geodatabase
created in Phase 1. The Geodatabase format created in Phases I through V
will be kept as is. Data resulting from the field inventory and network
construction in Task 4.2. will be added to the existing Geodatabase
(currently encapsulating all work performed in Phase 1).
4.4. Map Production
4.4.1. Hard copy maps of the completed inventory will be developed in ArcMap.
This will include a basemap image of the project study area using GIS
data provided by the City. The map will depict the drainage network with
as many physical attributes that can be displayed without blurring the map
image, and will be similar in quality to the hard copy submittals for Phase
1. The map will be compiled in a poster -size (E). One (1) draft and one
(1) final submission of each hardcopy map will be provided to both the
Client and Perteet. Duplicate copies will be provided at an additional cost.
4.5. Documentation and Delivery
4.5.1. FGDC Compliant metadata will be developed for all feature classes within
the Stormwater feature dataset. The metadata will outline the creation
process as well as the spatial and feature attribute definitions. The form
will be seamlessly linked to the layers in ArcGIS using the metadata kit
provided with the software.
4.5.2. A recommended data management strategy will be written and provided to
the City. This will offer suggestions on future expansion of the database.
4.5.3. The Geodatabase, including all GIS data layers created by TetraTech, and
ArcGIS project file, and digital metafiles of the map graphics, will be
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C:''iemplXPgrpwiselConiract 0909I6.doc
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placed on CD -ROM. A single copy of the CD will be sent to both the City
and Perteet as a final product.
Deliverables
Infrastructure Geodatabase including all GIS data layers created by TetraTech
from Phasel through V, an ArcGIS project file, and digital metafiles of the map
graphics.
One set of hardcopy maps in Poster format.
A "PMF" version of each hardcopy map for general use by City Staff that use the
free ArcReader software OR an ArcView project file.
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C:ItemplXPgrptviselContrnct 090916.doc
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Hourly rates and expenses to a maximum of $150,000.
Consultant Agreement for Professional Services
Phase VI GIS Infrastructure Inventory
C:ItemplXPgrpwiselContract 090916.doc
Exhibit "B"
Page 9 of 9
City of Tukwila
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Interim Public Works Director's
DATE: September 23, 2009
INFORMATIONAL MEMORANDUM
SUBJECT: Amend TMC Subsections 11.08.020 and 11.08.060
Relating to Permit Fees for Right -of -Way and Private Property
Jim Haggerton, Mayor
ISSUE
Amend and update Chapters 11.08.020 and 11.08.060 of the TMC for revised permit
fees pursuant to the Settlement Agreement with King County Water District 125.
BACKGROUND
The Settlement Agreement with King County Water District 125 was approved by City
Council at the August 17, 2009 Regular Meeting. The Agreement requires changes to
Chapters 11.08.020 and 11.08.060 of the TMC to clarify permit fees.
RECOMMENDATION
The Council is being asked to approve this ordinance amending TMC Subsections
11.08.020 and 11.08.061 and to consider this item at the October 12, 2009 Committee
of the Whole meeting and subsequent October 19, 2009 Regular Meeting.
Attachment: Draft Ordinance.
W: \PW Eng \OTHER \Bob Giberson \Info Memo Ordinance amending TMC 11.08.020 and 11.08.060.doc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1995 §1 (PART), AS CODIFIED
AT TUKWILA MUNICIPAL CODE SUBSECTIONS 11.08.020(C) AND 11.08.060(D),
RELATING TO PERMIT REQUIREMENTS FOR ONSITE DEVELOPMENT ON
PRIVATE PROPERTY, PERMIT FEES AND CHARGES FOR PERFORMING WORK
IN A PUBLIC RIGHT -OF -WAY, AND FOR PUBLIC WORKS PROJECTS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City desires to amend its regulations to provide that Type C1 permits are
required for grading and infrastructure work for onsite development on private property, and
that Type C2 permits are required for grading and infrastructure work within the public right
of -way; and
WHEREAS, the City desires to amend its regulations to provide that fee amounts charged
by the City to developers for both Type C1 and C2 Permits shall be determined from the value
of the construction on private property and /or within the right -of -way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila
Municipal Code Subsection 11.08.020(C) is hereby amended to read as follows:
C. Type C Infrastructure and Grading on Private Property and City Right -of -Way and
Disturbance of City Right -of -Way.
1. Type C1 permits shall be required for onsite development, including but not limited
to, infrastructure work and grading performed on private property. Type C2 permits shall be
required for infrastructure work and grading within the public right -of -way. Type C1 and C2
permits may be issued for a period not in excess of 180 continuous days for activities that may
alter the appearance of, or disturb the surface or subsurface of, the City right -of -way.
2. Type C1 and C2 permits include, but are not limited to:
a. Boring.
b. Culverts.
c. Curb cuts.
d. Paving.
e. Drainage facilities.
f. Driveways.
g. Fences.
h. Landscaping.
i. Painting /Striping.
j. Sidewalks.
k. Street trenching.
1. Utility installation, repair, replacement.
Section 2. Ordinance Amended. Ordinance No. 1995 §1 (part), as codified at Tukwila
Municipal Code Subsection 11.08.020(D) is hereby amended to read as follows:
D. Type C1 permits shall be required for onsite development, including but not limited to,
infrastructure work and grading performed on private property. The total fees for Type C1
permits shall consist of the following parts:
1. An Application Base Fee, which is associated with establishing the necessary files;
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2. A fee associated with the plan review and approval of the construction plans;
3. A fee associated with the issuance of the permit and the required inspection of the
construction fee amount to be determined from the value of the construction on private
property; and
4. A Grading Plan Review.
For Type Cl permits, the developer shall submit separate cost estimates for each item of
improvement. The Department will check the accuracy of these estimates.
E. Type C2 permits shall be required for infrastructure work and grading performed
within the City right -of -way. The total fees for Type C2 permits shall consist of the following
parts:
1. An Application Base Fee, which is associated with establishing the necessary files;
2. A fee associated with the plan review and approval of the construction plans fee
amount determined from the value of the construction within the public right -of -way;
3. A fee associated with the issuance of the permit and the required inspection of the
construction fee amount to be determined from the value of the construction within the public
right -of -way;
4. A pavement mitigation fee associated with the loss of pavement life from the
proposed excavation in the public right -of -way fee amount determined from the square
footage of excavation being performed and the age of the pavement; and
5. A Grading Plan Review.
For Type C2 permits, the developer shall submit separate cost estimates for each item of
improvement. The Department will check the accuracy of these estimates. Monies derived from
the above charges shall be deposited to the General Fund of the City.
F. A non refundable deposit, equal to the fee associated with an application base fee and
the review and approval of construction plans, is due and payable prior to starting the review,
with the balance of the total fee due and payable prior to issuance of the permit. Two reviews
of the construction plans are included in the above referenced fee an original review and a
follow -up review associated with a correction letter. Each additional re- review, which is
attributed to the developer's action or inaction, shall be charged as a separate transaction in
accordance with the fee schedule. Should additional fees for re- review be imposed, they will be
added to the balance due and be payable prior to issuance of the permit.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 3. 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 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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