HomeMy WebLinkAboutUtilities 2009-06-23 COMPLETE AGENDA PACKET Distribution: J. Morrow S. Hunstock
City of Tukwila K. Hougardy B. Giberson S. Kerslake
P. Linder F. Iriarte M. Miotke
Utilities Committee D. Robertson P. Brodin J. Pace
Mayor Haggerton G. Labanara C. Parrish
J. Hernandez R. Larson B. Arthur
Kathy Hougardy, Chair R. Berry M. Cusick File Copy
K. Matej P. Lau Single side to Dana
Pam Linder D. Speck M. Mathia 3 Extra Copies
4 C. O'Flaherty S. Anderson e-mail to B.Saxton,
Dennis Robertson M. Hart J. Howat C. O'Flaherty, M.
S. Norris B. Still Hart, K. Narog, S.
N. Olivas R. Still Norris and S. Kirby
AGENDA
TUESDAY, JUNE 23 2009
Time: 5:00 PM Place: Conference Room #1
Item Recommended Action Page
I. Current Agenda Review I.
II. Presentation(s) II.
III. Business Agenda III•
A. 2009 Small Drainage Program A. Forward 7/13/09 C.O.W. Pg. 1
Construction Mananagment Supplement and 7/20/09 Regular
B. Gilliam Creek Basin Stormwater Overflow B. Forward 7/13/09 C.O.W. Pg. 5
Consultant Selection and Design Agreement and 7/20/09 Regular
C. NPDES Program C. Forward 7/13/09 C.O.W. Pg. 19
Consultant Selection and Agreement and 7/20/09 Regular
D. Ordinance Amending TMC Chapter 14 D. Forward 7/13/09 C.O.W. Pg. 31
Sewer Discharge of Fats, Oils and Greases and 7/20/09 Regular
E. 2008 Drinking Water Quality Report E. Information Only Pg. 35
F. Ordinance AT T Franchise Agreement F. Forward 7/13/09 C.O.W. Pg. 39
Renewal and 7/20/09 Regular
IV. Old Business IV.
Future Agendas:
Next Scheduled Meeting: Tuesday, July 14, 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.
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
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: June 16, 2009
SUBJECT: 2009 Small Drainage Proaram
Project No. 09 -DR01, Contract 09 -044
Supplement No. 1 for Construction Management
ISSUE
INFORMATIONAL MEMORANDUM
Approve Supplemental Agreement No. 1 to Consultant Contract No. 09 -044.
BACKGROUND
Base contract No. 09 -044 with KPG, Inc. of Seattle, WA was to provide design engineering
services for the 2009 Small Drainage Program. Council awarded the construction contract to
Green River Construction on June 15, 2009. This supplemental agreement with KPG will
provide construction management support during the construction phase.
ANALYSIS
To properly manage this construction project, the City will need construction management
support during the construction phase. Through this supplement, KPG staff will provide limited
site inspections, reviews for material submittals, change order requests and as -built drawing
preparation. Tukwila construction management staff will provide the majority of the construction
management and field inspections.
BUDGET SUMMARY
Supplemental Agreement No. 1 was carefully reviewed and is reasonable.
Contract Budaet
$29,956.68 $40,000
Construction Management
Attachment: Supplemental Agreement No. 1
W \PW Fno PROJECTS \A- DR Projects \09 -DRO (2009 SDP) Construction \Before Construction \Info Memo for KPG's CM Supp 91 6 -16 -09 Final doc
Jim Haggerton, Mayor
RECOMMENDATION
The Council is being asked to approve Supplemental Agreement No. 1 with KPG, Inc. in the
amount of $29,956.68 for the 2009 Small Drainage Program and consider this item at the July
13, 2009 Committee of the Whole meeting and subsequent July 20, 2009 Regular Meeting.
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, \VA 98188
PROJECT: 2009 Small Drainage Program Construction Engineering Services
This SUPPLEMENTAL AGREEMENT NO. 1 is to supplement the agreement entered into with KPG,
Inc. and the City of Tukwila, which was executed on the 17` day of February, 2009.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be modified as follows:
The Consultant agrees to provide construction engineering services as requested by the City in
accordance with the scope of work included as Exhibit A.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be Horde as proviclecl on Exhibit B, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed 829, 956.68 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
888,5 without express written modification of the Agreement signed by the City.
IN WITNESS WI- EREOF, the parties hereto have set their hands and seals this day
of 2009.
APPROVED: APPROVED:
C1CY OF TUKWILA KPG, INC.
Jim Haggerton Nelson Davis,
Mayor Principal
Attested:
Christy O'Flaherty, City Clerk
SUPI'LEMIENTAL AGREEMENT No. 1
AGREEMENT NO. 09 -044
PROJECT NO. 09-DRO1
KPG, Inc.
753 9th Avenue N.
Seattle, WA 98109
Deliverables:
Exhibit A
City of Tukwila
2009 Small Drainage Program
Supplement No. 1
Construction Support
Scope of work
June 5, 2009
The Consultant shall provide Construction Engineering support services for the 2009
Small Drainage Program as outlined below:
A. Prepare for and attend pre construction conference with the City, Contractor, and
affected utilities.
B. The Consultant shall provide the field support to the inspector for the duration of
construction. The level of effort for field support time is estimated at 12 hours per
week for the contract duration.
C. The Consultant shall review material submittals and RFI's provided by the
Contractor as requested by the City.
D. The Consultant shall review change conditions as they arise and make
recommendation to the City for field changes /change orders.
E. Prepare Record Drawings for the 2009 Small Drainage Program based on
redline drawings provided by the City.
Items to be provided by the Consultant:
Documentation from site meetings, change conditions, and field directives.
Change orders, if required.
Full size Record Drawing mylars, 2009 Small Drainage Program
HOUR AND FEE ESTIMATE EXHIB[T B
Project: City of Tukwila
2009 Small Drainage Program
Supplement No. '1 Construction Support
I Labor Hour Estimate Total Fee
Project Project Design
Task Description Manager Engineer Engineer Technician Clerical
178.51 125.35 106.11 93.28 65.78 Fee
Task 1 Construction Support
A. Prepare for and attend are con meeting
B. On call field support
C. Submittal Review
D. Field reviews /change orders
E. Prepare Record Drawings
Reimbursable expenses see breakdown for details
Task Totals
2
8
4
8
2
4
0
0
0
0
0 1 0 0 858.42
144 I 0 1 8 17,234.16
16 I 0 1 4 2,674.92
16 1 16 1 4 4,881.44
8 24 1 4 3,707.74
1 600.00
29,956.68
24 I 4 184 40 I 20
June 5, 2009
PG
Architecture
Landscape Architecture
Civil Engineering
Total Estimated Fee: 29,956.68
Cost
Reimbursable Breakdown
Task 1 Construction Support
Mileage 400.00
Reproduction 200.00
Task 1 Total 600.00
City of Tukwila
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Directo
DATE: June 16, 2009
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
SUBJECT: Gilliam Creek Basin Stormwater Overflow
Project No. 03 -DRO9
Consultant Selection and Design Agreement
ISSUE
Approve a consultant agreement with PACE Engineering to design the Gilliam Creek Basin Stormwater Overflow Project.
BACKGROUND
Gilliam Creek discharges to the Green River through a 108" flap gate. During high river events, Gilliam Creek backs up
water into the Tukwila Urban Center (TUC). This has lead to flooding at the Andover Park East/Tukwila Parkway
intersection. To help alleviate this condition, the Surface Water Maintenance Crew opens a gate at the Andover Park
West/Strander intersection to allow stormwater to flow into Tukwila Pond and into the P17 drainage basin. This uses the
pond for detention and temporarily reduces surcharging in the Gilliam Basin.
To help drain the Gilliam Basin during high river events, Storm Lift Station 17 (at Strander Blvd) was designed so that
additional flows could be diverted at a future date by connecting an overflow pipe from Andover Park West to Andover
Park East along Strander Blvd. The Gilliam Creek Basin Stormwater Overflow Project is currently programmed for 2012.
ANALYSIS
The Corps of Engineers recently announced higher flow rates for a longer duration in the Green River from the Howard
Hansen Dam. Providing an overflow at Lift Station No. 17 will allow for longer durations of high water before causing
flooding in the TUC. The combined capacity of Lift Station No. 17 and the conveyance system to P -17 will not handle the
full discharge of Gilliam Creek; however, given the large storage capacity of Tukwila Pond, combined with the added
pumping capacity, additional flood protection within the Gilliam Basin should be realized.
Given the potential of flooding, it is recommended that available funds from the Private Storm System Adoption Program
be delayed and used for the Gilliam Creek Basin Stormwater Overflow Project. Emergency management grant funding is
currently being pursued for this project, although a decision by the granting agencies is not expected until January 2010.
The current Consultant Roster was reviewed and KPG, PACE Engineers, and Perteet were shortlisted. PACE designed
Storm Lift Station No 17 and the downstream pipe system, as well as, conducted a feasibility analysis of the Gilliam Creek
Basin Stormwater Overflow Project and are the most qualified to complete the design services.
RECOMMENDATION
The Council is being asked to approve this design agreement with PACE in the amount of $85,665.00 for the Gilliam Creek
Basin Stormwater Overflow Project and consider this item at the July 13, 2009 Committee of the Whole meeting and
subsequent July 20, 2009 Regular Meeting.
Attachments: Consultant Selection
CIP Sheet
Consultant Agreement
W \PW Eng \PROJECTS\A- DR Projects \03 -DR09 (Gilliam Creek Basin Stormwater Overflow) \InfoMemo PACE design Final.doc
PS &E Experience with Tukwila
CONSULTANT SELECTION
Gilliam Creek Basin Stormwater Overflow
Stormwater System
Experience
Firm Expirence
General
KPG
Project Manager 1 2 1
1
1
Working with Tukwila
Program Knowledge 1 2 1
Familiarity with Gilliam and
Strander Drainage Basins 2 2 1
1
TOTALS 7 10 6
Score consultant 1 to 4, with 1 being highest and 4 being lowest.
Lowest score is consultant ranked highest.
Perteet PACE
2 1
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
FINANCIAL
(in $000's)
EXPENSES
Design
Land (R /W)
Const. Mgmt.
Construction
TOTAL EXPENSES
FUND SOURCES
Awarded Grant
Proposed Grant
Mitigation Actual
Mitigation Expected
Utility Revenue
TOTAL SOURCES
Gilliam Creek Basin Stormwater Overflow
LINE ITEM: 412.02.594.38 PROJECT NO. 03 -DRO9
Provide storm drainage system to route Gilliam Creek basin outflow to the new Strander Boulevard storm
drainage pump, when the flap gates are closed at the Gilliam Creek outlet.
Reduces flooding at downstream properties by providing a method to drain the Gilliam Creek basin during
high river events.
Decreases need for emergency pumping.
Will reduce likelihood of roadway flooding at intersection of Andover Park East and Tukwila Parkway.
Through Estimated
2007 2008 2009
Project Location
2009 2014 Capital Improvement Program
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2009 to 2014
2010 2011 2012 2013 2014 BEYOND TOTAL
20
1 i
153
Existing Storm
Drainage System
50
50
350
0 0 0 0 0 50 400 0
0 0 0 0 0 50 400 0
0 0 0 0 0 50 400 0
J
w
a
m
0
Q
StrandermBlvd
Provide New
Overflow Pipe
Existing Storm
Drainage System
to
CoostVno'n Rd
Pump'SLU.on
50
0
50
350
0 450
0
0
0
0
0 450
0 450
CONSULTANT AGREEMENT FOR
DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as th City", and PACE Engineers, 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 Design services in
connection with the project titled Gilliam Creek Basin Overflow.
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 120 calendar days from
the date written notice is given 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 $85,665.00 without express written modification of the Agreement signed by the
City.
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 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 perform-
ance 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 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 inde-
pendent 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 this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations 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:
Mayor
Notices to Consultant shall be sent to the following address:
DATED this
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
PACE Engineers, Inc.
1601 Second Avenue, Suite 1000
Seattle, WA 98101
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.
day of 20
CITY OF TUKWILA CONSULTANT
By:
Attest /Authenticated: Approved as to Form:
Printed Name: C %is
Title: S, /"i2 >J ///(1/.7a9e'
City Clerk Office of the City Attorney
An Eng,neenng Services Company
41une 2009
Ryan Larsen, P.E.
Public Works
City of Tukwila
6300 Southcenter Blvd.
Tukwila WA 98188
Subject: Scope of Work for Gilliam Creek Basin Overflow Pipe
Exhibit A
PACE Proposal Number P09 -484
Dear Ryan:
EXHIBIT_ar
Engineers I Planners 1 Surveyors
PACE Engineers, Inc., is pleased to submit this proposed scope of work and fee estimate
based on our understanding of this project.
Project Understanding
PACE recently performed a feasibility study to determine the potential for a new storm
drain overflow pipe connecting existing City storm drainage pipes between Andover Park
East and Andover Park West in Strander Blvd. The overflow pipe could reduce potential
Southcenter area flooding in the event that high discharge into the Green River overtops
the levees by allowing some flows to be directed to the Strander Blvd pump station. A
preliminary layout was developed to determine the potential utility obstacles and effective
pipe sizing. The proposed overflow pipe connects the conveyance to the Strander Pump
Station with the existing pipe to Tukwila Pond.
Scope of Services
A detailed proposal consisting of eight (8) tasks follows. This proposal includes necessary
engineering through the project bid phase and direct costs associated with the project. PACE
will be the prime consultant for the entire Scope of Work and will complete all civil
engineering and survey services in- house.
We anticipate starting this work immediately following City feedback on the Feasibility
Study. We recommend the SEPA process be initiated as soon as possible with the Feasibility
Study submittal accompanying the checklist. Approval from this process is needed to accomplish
the required schedule, so timely decisions will be needed by the City. We propose to do this
work on a time and expense basis with a not to exceed amount of $85,665 plus optional
PACE Engineers, Inc.
Seattle Office
1601 Second Avenue 1 Suite 1000 1 Seattle, WA 98101
O:\ SCOPE \ENGINEER \2009e1;gr \giItialil creek over Dow \GiWWlarn Creek Scope 6 -4 -09 P09 484.k2P6.441.1855 1 206.448.7167
paceengrs coin
Ryan Larsen, P.E.
City of Tukwila
June 4, 2009
Page 2
Engineers I Planners I Surveyors
tasks (see attached spreadsheet). The budget is based on 2009 rates. Should any of this
work extend beyond 2009, a cost adjustment may be needed for any portion of the work
extending beyond this time.
SCOPE OF WORK
Task 1 Survey
Some topographic survey was performed in support of the feasibility study. Some additional
survey is needed to create the level of detail required for construction drawing base mapping.
This task will perform additional field survey and update the project base map.
Task 2 SEPA
This project will require compliance with the State Environmental Protection Act (SEPA).
The City will complete an environmental checklist with input from PACE on relevant items.
The City will issue and publish the SEPA document as required. A Determination of Non
Significance (DNS) is expected.
Task 3 Hydrologic /Hydraulic Analysis
PACE will modify the preliminary pipe design based on feedback from the City. PACE will finalize
the hydraulic analysis performed in the feasibility study.
The City has adopted the most recent King County Surface Water Design Manual for stormwater
design, which requires drainage review for any pipe over 12 inches in diameter. To address this
analysis, PACE will prepare a Technical Information Report (TIR) suitable for targeted drainage
review, addressing the hydraulic and hydrologic analysis of the overflow pipe.
Task 4 Final Design
PACE will provide final design plans based upon review comments on the feasibility study plan
and profile. All materials and installation procedures will be in conformance with the City
and WSDOT /APWA standards. All drawings will be prepared using the most recent version of
AutoCAD.
O:\ SCOPE \ENGfNEER \20092ngi \gilliarn creek overflow \Gilliam Creel: Scope 6-4 -09 P09-4•94.cloc
Ryan Larsen, P.E.
City of Tukwila
June 4, 2009
Page 3
Engineers 1 Planner 1 Surveyors
Stormdrain Overflow Pioe
PACE will design a new gravity storm line from the Andover Park West to Andover Park East
down Strander Boulevard, connecting to the existing stormdrain system which flows to the
Strander Blvd. pump station. Existing catch basins will be redirected into the new drainage
system. The existing storm system will be abandoned in place where appropriate. It is
assumed that the new pipe will be constructed within the center two lanes so that one lane of
traffic can be maintained in each direction during construction.
Road Restoration /Improvements
PACE will design the roadway restoration based on City standards for utility trench repair,
as well as striping and replacement of signal loops as required by the design within the
project limits.
The following list of drawings is anticipated:
List of Drawings Number of Drawings
Title Sheet 1
Existing Conditions 2
Temporary Erosion Control and Sedimentation
Plan, Notes, and Details 4
Construction Notes and Sequence 1
Drainage Plan and Profile (20 scale) 2
Stormwater Details 1
Strander Blvd Road Restoration Plan (20 scale) 1
Total: 12
Task 5 Project Management /Coordination /Meetings
PACE will provide the time needed to administer and coordinate the project. Our goal is to
insure there are no surprises when the final design is submitted to the City. The following
items are included in this task:
1. Attend coordination meetings with the City as required. For budgetary purposes 32 hours
have been allotted for meetings. Since the amount of meeting time is not under our
control any time in excess of the budgeted 32 hours will be billed on a time and materials
basis.
2. In -house project administration, scheduling, and direction of design team staff.
3. Preparation of monthly progress reports
O: \COPE \ENGINE€ \2009engr \gilliarn creek overflow \Gi?liarn Creek Scope 6-4-09 P09_ :g4
PAC
Ryan Larsen, P.E.
City of Tukwila
June 4, 2009
Page 4
Task 6 Contract Document Preparation
Engineers I Planners I Surveyors
PACE will prepare contract bid documents (plans, specifications, and engineers estimate of
probable construction cost) in accordance with City standards and using the City's standard
template. We anticipate the project will bid as one schedule and that the bid documents will be
based on the Washington State Department of Transportation "Standard Specifications for
Road, Bridge and Municipal Construction, 2008" and modified and amended as appropriate.
We will incorporate any City forms or special bid /construction requirements within the bid
document. It is assumed that the City will advertise, open bids and award the project with
support from PACE. PACE will coordinate and upload bid documents to the Builders Exchange
ftp site (BXWA.com) and provide deliverables as listed below under Deliverables.
Task 7 Quality Assurance (QA)
In order to assure that the final plans and specifications are complete, accurate and
appropriate, PACE will conduct a QA review of the final documents prior to final (100
submittal to the City. This review will be assigned to a senior level principal who has not
been associated with the project. The review will consist of a complete sheet -by -sheet and
contract document review to assure the City that the documents meet or exceed the "level
of care" of our industry and are the highest quality level possible.
Task 8 Construction Services (Optional Task)
PACE will be pleased to provide the following construction services to the City of Tukwila in
support of this project if requested by the City. PACE proposes the following services during
construction:
1. Bid assistance
2. Construction management
3. Construction surveying /staking
4. Construction inspection
5. Compaction testing
6. Shop drawing review
7. Progress payment processing
8. Record drawing preparation
Deliverables and Schedule
We anticipate the following submittals to the City for comments and approval, including
estimate of probable construction cost.
0:\SCOPE \ENG1NEER \2OO9eng \gi1tiarn creek overflow\GilNlarn Creek Scope 3 -;e -09 P09-48 .doc
6;C-A-;440
Ryan Larsen, P.E.
City of Tukwila
June 4, 2009
Page 5
Final Design Document submittal —end ofJuly2009
Contract Document submittal —end of August 2009
The following construction documents will be provided for City use:
10 copies, %z size Final Plans (Bond)
1 Full Size mylar copy of Final Plans
10 copies, Final Specifications
1 Copy, Final Engineers Estimate
The proposed schedule assumes prompt reviews by the City and no obstacles with permitting.
This schedule contains no float and all items must go as intended to meet the 2009
construction schedule.
We have developed a scope of work based on our present knowledge of the proposed
project. We have tried to cover all aspects of the proposed project; however, if you feel that
additional areas of work require our attention, please don't hesitate to call. We are pleased to
submit this scope of work to accomplish the civil engineering tasks for this project and look
forward to continuing to work with you.
Sincerely,
PACE Engineers, Inc.
Chris Rhinehart, P.E.
Sr. Project Manager
Attachments
'v,/�' Gllliaaifl Creek `cop 6-=!-09 PDT ..8 1.C�oi
Q:�..Cl;rc�� a.� �Cl':)✓ 1111 creek G�iCI'iiU 3�
Engineers I Planners 1 Surveyors
PACsi)
PACE Engineers
Staff Type (See Labor Rates Table)
Staff Type Hourly Rate
Task 1 Survey
Task 2 SEPA assistance
Task 3 Hydraulic Anal; TIR
Task 4 Final design
Task 5 PM, Mtgs
Task 6 Construction Docs
Task 7 QA
Task 2 Geo
Hours Total
Labor Total
Expenses
Postage /Courier
Plotter
PhotoNideo
Mileage/Travel /Per Diem
Miscellaneous
Technology Fee
Project NamelGilliam Creek Overflow Pipe
Project #:1 09 620
Total
10 11 16
$165 $155 $105
Labor Principal Sr Project
Code Engineer Manager Engineer II
2
4
4
2
4
16
rate /unit
$8.00
LS
$0.55
2
16
60
60
60
8
4
32.0 210.0
200
P -484
Billing Group #:101
2
48
80
12
60
202.0
Reimbursable
Quantity Cost
4 $100.00
1 $200.00
$11
$1,705.00
$2,115
74 91
$105
Cad Drafter
III
8
4
80
66
158.0
Project Budget Worksheet 2009 Standard Rates
Location:1Strander Blvd, Tukwila 'Prepared By: Chrs Rhinehart
Task #:1 001 Date: 26- May -09
Labor Hours by Classification
$85
Project
Administrator
8
24
8
20
$5,280 $32,550 $21,210 $16,590 $5,100
File: Gilliam Creek overflow Bdgt Wks 09 Standard Rates, Gilliam Cr Overflow Page 1 of 1
60.0
Subconsultants
Utility Locate
Mechanical Engineer
Electrical Engineer
Geotechnical Engineer
I C Engineer
Subconsultant Subtotal
Markup
Total
100 100 100 59 43
$0 $0 $0 $180 $135
2 -Man Survey Proj
Open Open Open Survey Crew Mngr
0.0
$0
0.0
$0
$0
10%
$0
0.0
$0
8 4
8.0:
$1,440
4.0
$540
EXHIBIT
48
$105
Survey Tech Hour
II Total
8
8.0
$840
PACE Billed Labor Total $83,550
Reimbursable Expenses $2,115
Subconsultants $0
Total Project Budgetil $85,66511
Rate Table Used: 2009
30.0
0.0
4.0
80.0
248.0
82.0
210.0
24.0
0.0
0.0
0.0
0.0
0.0
4.0
0.0
682.0
$83,550.00
Printed: 6/4/2009, 1:02 PM
City of Tukwila
To: Mayor Haggerton
Utilities Committee
From: Public Works Director yr/
Date: June 16, 2009
INFORMATIONAL MEMORANDUM
Subject: NPDES Program
Project No. 93 -DR10
Consultant Selection and Agreement
Jim Haggerton, Mayor
ISSUE
Approve a consultant agreement with R.W. Beck to assist the City in adopting a new surface water design
manual and supporting documents to be in compliance with NPDES Phase II Stormwater requirements.
BACKGROUND
The City's National Pollutant Discharge Elimination System (NPDES) Phase II general permit requires
that the City adopt a stormwater manual that is equivalent to the 2005 Department of Ecology's Surface
Water Design Manual by February 15, 2010. The City may adopt the Dept. of Ecology's (DOE) manual,
adopt another jurisdiction's manual, or develop our own manual and have it reviewed by DOE for
equivalency.
Staff recommends that the City adopt the 2009 King County Surface Water Design Manual to meet the
NPDES requirement. When the City adopts the King County manual, we must also adopt the various
supporting documents that are identified in the King County manual or amend current City procedures to
ensure full compliance with the manual requirements.
ANALYSIS
The City currently uses the 1998 King County Surface Water Design Manual. King County revised their
manual in 2005 and again in 2009 to gain equivalency from DOE. A detailed review of the new manual
and current City codes will need to be conducted by professionals familiar with the manual. Staff
recommends that a consultant firm familiar with this manual be used to guide the City through this
adoption process.
The current Consultant Roster was reviewed and Parametrix, Otak, and R.W. Beck were shortlisted for
this effort. City staff evaluated the qualifications of each of these consulting firms and recommends R.W.
Beck. R.W. Beck is currently working with the City of Renton on their surface water manual adoption and
are familiar with the requirements of manual adoption.
The R.W. Beck agreement is for $24,502.00 and the CIP has $20,000 budgeted for the NPDES Program.
In addition, the City Council approved a new position to implement NPDES requirements. This position
was not filled until June and it is proposed that the money saved by delaying the filling of this position,
combined with the money budgeted, be used to fund this contract.
RECOMMENDATION
The Council is being asked to approve the Consultant Agreement with R.W. Beck in the amount of
$24,502.00 for the NPDES Program and consider this item at the July 13, 2009 Committee of the Whole
meeting and subsequent July 20, 2009 Regular Meeting.
Attachments: Consultant Selection
Consultant Agreement
W \PW Eng \PROJECTS'+- DR Projects \93 -dr10 (NPDES Program) \InfoMemo RW Beck Final doc
Project Manager
NPDES SMP
Experience
Agency Expirence
General
Ordinance Adoption
CONSULTANT SELECTION
NPDES Phase II Surface Water Ordinance Adoption
Parametrix
3
1
1
Otack RW Beck
1 1
1 1
1 1
Working with Tukwila
Program Knowledge 1 3 2
Familiarity with 2009 King County
Storm Water Manual 2 2 1
2
2 1
TOTALS 10 10 7
Score consultant 1 to 4, with 1 being highest and 4 being lowest.
Lowest score is consultant ranked highest.
CONSULTANT AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and R.W. Beck, 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 Professional services
in connection with the project titled NPDES Program.
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 60 calendar days from
the date written notice is given 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 $24,502 without express written modification of the Agreement signed by the
City.
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 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 perform-
ance 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 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 inde-
pendent 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 this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations 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 Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Mike Giseburt, P.E.
R.W. Beck, Inc.
1001 4 Avenue, Suite #2500
Seattle, Washington 98154 -1004
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 20
CITY OF TUKWILA CONSULTANT
Mayor
Attest /Authenticated: Approved as to Form:
By: d
Printed Name: Michael Giseburt
Title: Senior Director
City Clerk Office of the City Attorney
Introduction/Purpose
City of Tukwila
NPDES Program Drainage Design Manual
June 10, 2009
The purpose of this contract is to assist the City in updating City Ordinances and its
Development Guidelines and Design and Construction Standards to adopt 2009
KCSWDM with modifications such that it both meets NPDES Phase II permit
requirements and is tailored to meet the needs of the City. The City contemplates doing
this in two phases. The first phase involves an initial effort to develop an ordinance that
adopts the KCSWDM with amendments by Ecology's August 15 deadline. Due to
schedule constraints, this effort will focus on doing what's necessary to adopt the manual
and include amendments such that it will be deemed equivalent to Ecology's manual.
The second phase will primarily be done after the August 15 deadline. This phase will
include development changes to the City's Development Guidelines and Construction
Standards that also amend the KCSWDM. During this phase, more emphasis will be
placed on tailoring the amendments to meet the specific needs of the City of Tukwila.
Phase 1 includes tasks 1 through 4. These tasks are well defined and a specific budget is
established. The effort associated with Phase 2, Tasks 5 and 6 are less defined at this
time and will be understood more clearly after the completion of Phase 1. Consequently
these tasks are identified as "optional tasks" and not contracted at this time.
Note that if the August deadline is extended by Ecology, it may affect the approach for
the work would likely change and the scope of work and project schedule will be
revisited.
Task 1 Review Citv's Current Annroach
Task 2 Strateeize Kev Decision Points
EXHIBIT A
SCOPE OF WORK
The Consultant will perform a high -level review of City ordinances and Design and
Construction Manual to gain an understanding of the City's codes, standards, and
development review process. To facilitate this understanding the Consultant will meet
once with the City and review this information.
The City has decided to adopt the 2009 KCSWDM with amendments to meet
equivalency. In doing so there are several decisions that must be made. Under this task,
the Consultant will help identify and frame these decisions so that the existing City's
ordinance can be modified and reference amendments to the KCSWM such that the
minimum technical requirements of the Phase 2 permit can be satisfied.
Page 1 June 17, 2009
Most of these decisions will be made during two planned strategy sessions involving key
City staff involved in development review, establishing drainage control standards, and
city ordinance management. To facilitate the discussion, the Consultant will send a draft
list of key decision point/issues for consideration in advance of the first strategy session.
An example of the types of decisions to be reviewed and discussed is included as Exhibit
A-1.
An element of the decision making process will be to identify which
changes /modification to the KCSWDM should be made during Phase 1 for the August
15 deadline versus the second phase of this effort.
In some instances, the City may request that additional technical analysis or investigation
be completed in order to fully make a decision. Examples could include mapping and
preparing of issue papers that evaluate the impacts of different decisions. Such additional
technical analysis would be completed under Optional Task 5.
Task 3 Identify Additional Chances to meet full Eauivalencv
Ecology's has developed general guidance that says Phase II jurisdictions that adopt the
2009 KCSWDM must assess other program elements to meet equivalency. Some of
these include:
o Application of construction erosion controls to all sites (compare City
code with KCC 16.82.095)
o Apply soil quality and depth BMP for per 16.82 (clearly adopt reference
section 4 -A under MR #5)
o Compare KC (21A.24) and Tukwila ordinances for protection of wetlands
(or possibly more simply include Appendix Minimum Requirement #8
language in City code)
o Decide if City wants a rural treatment and flow control exemption and, if
so, compare clearing grading/setback requirements in clearing and grading
16.82 and buffer requirements in 21A.24
Working together with the City staff, the product of this task will include suggested
wording (draft) for the drainage ordinance that adopts the manual with amendments;
meets the minimum requirements of the permit and allows for subsequent adjustments to
the application of the manual through revisions to the City's Design and Construction
Manual. The City will take the lead in advancing the draft language to final form, which
may include legal review.
Task 4 Project Management
Page 2 June 17, 2009
This task represents the labor and expenses associated with scheduling, coordination, and
quality control services for work. The Consultant will provide management measures
including:
Monthly invoicing.
Maintenance of project files.
Phone call and e -mail contact with the City.
Task 5 Chanzes to Development Guidelines and Design and Construction Standards
(Optional Task)
This task assumes the City chooses to use the Development Guidelines and Design and
Construction Standards (Construction Standards) this as primary vehicle for amending
and applying the KCSWDM so that its is tailored to meet the needs of the City. The
Consultant will expand on the decisions made in Task 2 and 3 and develop draft revisions
to the Construction Standards. This task will include two meetings with the City to
discuss the draft and subsequently prepare a final draft of the revised Construction
Standards. The Consultant will incorporate any comments on the final draft and prepare
a final version.
Task 6 Additional Investigation /Assessment (Optional Task)
This Optional Task can be used if authorized by the City to conduct additional analyses
to assess and make recommendations for key decisions where requested by City
identified under Task 3. This could include technical assessment, cost assessment,
preparation of issue papers, coordination with Ecology, mapping, etc.
Page 3 June 17, 2009
TABLE A
Example Draft List of Key Decision Points
1) Vehicle for adoption. At this time, we suggest updating ordinance and make
changes to Development Guidelines and Design and Construction Standards
Section 5 that amend the 09 KCSWDM.
2) Where to Apply 40% Rule (what is available and needed to document that this is
appropriate)
3) Whether to apply other flow control standards
4) Should the City apply the minimum requirements of the permit to projects smaller
than the 1 -accre regulatory threshold?
5) Should City Exceed Ecology's Minimum standards where they are exceeded by
King County's. Some examples include:
a. 0.1 cfs flow control exemption (KC basis predevelopment on forested
compared to Ecology's existing condition)
b. Referencing a "date stamp" of 1/08/01 and requiring mitigation for any
new pavement that was not previously mitigated.
c. Direct discharge distance threshold of 0.25 miles
d. Large Drainage Project Review (not req'd in Ecology)
e. Problem mitigation for known water quality problems
6) To what extent should ordinance updates incorporate language on minimum
requirements and thresholds
7) What does the City want to adopt for LID requirements (requirements differ
between the KCSWDM (Phase 1) and Phase 2 jurisdictions.
8) To make the City's program fully equivalent (as described in Task 3 above),
decide if these relevant changes should be make in City ordinances or in the
Development Guidelines and Design and Construction Standards
9) Identify other desired changes from KCSWDM that are appropriate for the City.
Some of these are already in the Development Guidelines and Design and
Construction Standards, but the City is likely aware of others based on past /recent
review of development.
Page 4 June 17, 2009
EXHIBIT B BUDGET
City of Tukwila Page 1 of 2
NPDES Program Drainage Design Manual
Project Budget Task Summary
Payment for the work, including labor, materials and expenses actually provided by the Consultant shall be made as shown hereon, provided
that the total amount of payment to the Consultant shall not exceed $24.502 without express written modification of the Agreement signed by
the City.
Task
No. Task
1.00 Review City's Current Approach
2.00 Strategize Key Decision Points
3.00 Idenify Additional Changes to Meet Req.:
4.00 Project Management
5.00 Changes to Construction Standards
6.00 Additional Investigations
GRAND TOTALS
Hours ContlAdmin
R.W. Beck Subcontractor
Labor Labor
18.0
68.0
52.0
18.0
0.0
0.0
156.0
R.W. Beck
Labor Revenue
0.0 $2,799
0.0 $10,584
0.0 $7,936
0.0 $2,379
0.0 $0
0.0 $0
0.0 N $23,697
Charges, including Contingency +Admin
General Travel Subcontractor
Expenses Expenses Charges
$80
$310
$230
$65
$0
$0
$40
$80
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$685 $120 1 $0 1
(Subtotal
All Expenses)
$120
$390
$230
$65
$0
$0
$0
$805 j
Total
Charges
$2,919
$10,974
$8,166
$2,444
$0
$0
$0
$24,502 •I
City of Tukwila
NPDES Program Drainage Design Manual
Labor Revenue Summary
Total Hours
Total Revenues
Select Name, Class, Nelson, Ralph
David
Sr. Project
Manager
$230.27 1
Default I
$230.27 1
2.0
12.0
4.0
OP
Classification°
Default Rate I
Manual Ratel
Task Default or Manuall
No. Task Effective Labor Ratel
1.00 Review City's Current Approach
2.00 Strategize Key Decision Points
3.00 Ideniify Additional Changes to Meet Req.s
4.00 Project Management
5.00 Changes to Constructioh.Standards
6.00 Additional Investigations
18.0
Enter names and rates from left to right
Giseburt, Featherstone, Mclellan, Tracie McIntyre, Susan
Michael S. John Lucas Lynn Elizabeth
Financial
Project Manager Project Engineer Assistant Project Assistant
$191.52 1
Default 1
$191.52 1
8.0
24.0
24.0
8.0
$100.75 I
Default 1
$100.75 1
8.0
32.0
24.0
64.0 64.0
$89.99 I
Default I
$89.99 1
$4,145 $12,257 $6,448 $540 $307
EXHIBIT B BUDGET
Page 2 of 2
$76.731 $0.00
Default 1 Default
$76.73 1 $0.00 Hours
18.0
68.0
52.0
6.0 4.0 18.0
0.0
0.0
0.0
6.0 4.0 0.0 156.0
Task Totals
Revenues
$2,799
$10,584
$7,936
$2,379
$0
$0
$0
$23,697
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: June 15, 2009
SUBJECT: Amend TMC Chapter 14 Sewer Discharge to Address Fats, Oils and Greases
ISSUE
Amend and update Chapter 14 of the TMC for unlawful discharge of fats, oils, and greases into
the City's sanitary sewer system.
BACKGROUND
The Federal Clean Water Act prohibits the discharge of fats, oils, and greases (FOG) and King
County Metro does not allow these illicit discharges into the sewer treatment plant. The
discharge of FOG from animal or vegetable origin can block sewer lines. As grease cools, it
adheres to the walls of pipes and eventually obstructs the flow. Food service establishments like
restaurants, cafeterias, and commercial kitchens contribute grease to the sewer system as well
as multi family residential areas. Consequently, additional maintenance is needed to keep
sewer pipes clear.
The highest area of grease is in the Central Business District and is concentrated around the
largest number of restaurants on Southcenter Parkway. Accumulations of FOG are not only
troublesome for pipes but affects sewer lift stations. The grease floats to the surface and has a
tendency to build up in the wet well. A grease `cake' forms and continues to accumulate and it
interferes with the depth gauge readings of the level transducer. The sewer crew will remove
grease twice a month or more as needed.
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayo;
Restaurants and food preparation establishments are currently required to have grease
interceptors on their kitchen waste lines. Older businesses have been required to retrofit an
interceptor when they apply for a tenant improvement permit. Maintenance and pumping of the
interceptor should be every 1 to 3 months. The City does not have the resources to inspect
private interceptors but can request a schedule of grease interceptor maintenance from the
business. Procedures are needed so that new managers become aware of the requirements.
RECOMMENDATION
The Council is being asked to approve this ordinance amending Chapter 14 and consider this
item at the July 13, 2009 Committee of the Whole meeting and the subsequent July 20, 2009
Regular Meeting.
Attachment: Draft Ordinance
W \PW Eng \OTHER \Bob Giberson \Ordinn- Resolutions \Info Memo FOG Ordinance Final doc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 342 §24, AS CODIFIED
AT TUKWILA MUNICIPAL CODE 14.12.260, "DISCHARGE OF FOREIGN
SUBSTANCE INTO PUBLIC SEWER UPDATING REQUIREMENTS TO
MEET CURRENT GUIDELINES; ADDING REGULATIONS REGARDING
UNLAWFUL DISCHARGE ENFORCEMENT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires that the City's sewage and wastewater system
is managed in the most effective manner possible, to meet environmental and ecological
concerns, and protect the health, safety and welfare of Tukwila residents; and
WHEREAS, the discharge of uncontrolled or untreated industrial and other wastes
into the Tukwila sewerage system and the cumulative impacts of any such discharge
will have an adverse impact on water quality; endanger the public health, safety and
welfare; and present a hazard to the functioning of Tukwila's sewerage system facilities;
and
DRAFT
WHEREAS, the City Council believes Tukwila Municipal Code 14.12.260,
Discharge of Foreign Substance into Public Sewer, should be amended for the purpose
of updating codes and practices to comply with federal, state, and county guidelines,
including obstructing the flow of any public sewer line as prohibited by the Federal
Clean Water Act; and
WHEREAS, the City Council desires to have regulations in place regarding
enforcement of unlawful discharge violations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 342 §24, as codified at Tukwila
Municipal Code 14.12.260, is hereby amended to read as follows:
14.12.260 Discharge of Foreign Substance into Public Sewer.
It is unlawful for any person to discharge into any sewer any cooling water from
aasa, e any substance whatsoever that will tend to retard the
flow of the sanitary sewer by adhering to or depositing on the interior surface thereof;
or any gases or substances which are combustible; or acids or other substances in such
quantities as will tend to destroy the sanitary sewers or interfere with the operation of
the treatment unit; or substa-sas cf such a noxious character as will tend to be injurious
to the health. All such ga:23, acids and substances shall be intercepted by traps or
separators which will completely separate the substances from the water or sanitary
sewage and allow their safe and convenient ronoval; and all such traps and separators
shall be of design, csnstruction and capacity as shall be approved by the City
supervisor.
A. It is unlawful to discharge or cause to be discharged into any sewer any waste
which may have an adverse or harmful effect on the sewerage system, public treatment
works, its personnel or equipment. Such waste shall include but is not limited to fats,
oils and grease, or any substance whatsoever that will tend to retard the flow of the
sanitary sewer by adhering to or depositing on the interior surface thereof; or any gases
or substances which are combustible; or acids or other substances in such quantities as
W: \Word Processing \Ordinances\FOG Grease 14.12 doc
PB.ksn 06/18/2009
Page 1 of 2
will tend to destroy the sanitary sewers or interfere with the operation of the treatment
unit; or substances of such a noxious character as will tend to be injurious to the health.
B. All such gases, acids and substances shall be intercepted by an adequate and
suitable separation device or interceptor, installed in such a manner that allows the safe
and convenient removal of the waste product or other substances, materials or liquid as
identified herein, which shall not flow or be discharged into the sanitary sewer system.
All such interceptors shall be of design, construction and capacity as shall be approved
by the City Engineer. The grease interceptor shall be adequately maintained, and
readily accessible for inspection by the City at any time to ensure its proper operation.
C. This section is subject to the terms specified in "Enforcement" set forth in
Tukwila Municipal Code 14.12.265.
Section 2. Regulations Added. Regulations regarding unlawful discharge
enforcement are hereby added to Chapter 14.12 to read as follows
14.12.265 Unlawful Discharge Enforcement.
All violations of TMC 14.12.260 will be considered civil infractions, and are subject
to the actions and penalties set forth in Chapter 8.45 of the Tukwila Municipal Code.
Section 3. 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 4. 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
W: \Word Processing Ordinances \FOG Grease 14 12.doc
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
RECOMMENDATION
Information only.
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director Q TC)
DATE: June 20, 2009
SUBJECT: 2008 Drinking Water Quality Report
ISSUE
Drinking Water Quality Annual Report for the Year 2008.
BACKGROUND
The Washington Department of Health requires water providers to send a consumer confidence
report each year to their customers. The report gives information on how we protect the quality
of their drinking water supply. It also answers frequently asked questions about the chlorination
and fluoridation of the water. There is information on how to conserve water which was added
after the new Municipal Water Law went into effect.
Our wholesale provider, Cascade Water Alliance, in conjunction with Seattle Public Utilities
(SPU), provides information about the source water as part of an aggressive watershed
protection plan for the Cedar River basin area. SPU laboratory personnel perform bi- weekly
monitoring of the Tukwila distribution system for the presence of any contaminants or
organisms.
Tukwila operations crews regularly check chlorine residual when doing routine maintenance. In
areas where the distribution main is on a dead -end street, the crews will flush the system to
reduce stagnation and keep the chlorine residual at its proper level. If you happen to be driving
by when this occurs you will see a blue sign that says "Flushing for Water Quality" near the
workers.
Attachment: Drinking Water Quality Annual Report for the Year 2008
W:\PW Eng \OTHER \Pat Brodin \Info Memo WaterQual Rpt 2008 Final.doc
Drink up!
Quality drinking water is fundamental to our way of life.
The City of Tukwila is committed to providing you with
high quality drinking water, and we are pleased to present
a summary of our services for 2008. If you have questions
about the information in this report, please call Tukwila's
Public Works Department at 206-433 -0179.
Tukwila's drinking water comes from Seattle's highly pro-
tected Cedar River Watershed in the Cascade Mountains.
The Cascade Water Alliance, a regional water supplier, pur-
chases this water from Seattle and provides it to Tukwila
along with other members in a cost effective and environ-
mentally sensitive way.
Conservation
Tukwila supplied nearly 690 million gallons of drinking wa-
ter in 2008 to its retail and commercial customers. Tukwila
has strived to stay within the 10% water loss as required
under the Municipal Water Law through aggressive leak de-
tection work. Through the Cascade Water Alliance, Tukwila
is a member of the Saving Water Partnership, along with
Seattle Public Utilities and 17 other local utilities that have
collectively adopted a regional water conservation goal of
1 1.0 million gallons per day by 2010.
The Tukwila City Council formally adopted a six -year water
conservation goal under Resolution 1645. Many spe-
cial, highly successful water- saving programs are offered
to Tukwila customers, including the Washwise rebates for
efficient clothes washers, the high efficiency toilet rebate
program, commercial irrigation audits, and commercial rain
sensors. Visit the Cascade Water Alliance website at http:
www.cascadewaterorg/con_rebates.html to look for the
water conservation rebates available to Tukwila water cus-
Cedar River Samples
Detected Compounds (Units)
MCLG MCL Average Range Typical Sources
Turbidity (NTU)
Fluoride (mg/1)
Nitrate (ppm)
Barium (ppb)
Bromate
Total Coliform. positive samples
Combined distribution system
Total Trihalomethanes (ppb)
Definitions
MCLG I Maximum Contaminant
Leuel Goal
MCL Maximum
Contaminant Level
NTU Nephelometric
Turbidity Unit
NA Not Applicable
DRINKING WATER QUALITY
ANNUAL REPORT FOR THE YEAR 2008
System ID #89500F
Presented by the City of Tukwila
Department of Public Works Water Utility Division
NA
4
10
2000
0
0*
NA
tomers. To discover more ways to conserve, go to www.
sauinawaternro, or call 206- 684-SAVE (7283).
Treating the water we drink
Currently, there are four steps in the treatment of the Ce-
dar water supply: screening, fluoridation, corrosion con-
trol, and disinfection. The Cedar treatment facility includes
ozonation and ultraviolet light (UV) disinfection to supple-
ment chlorine disinfection, thereby killing any harmful bac-
teria or viruses that may be present. The new treatment
process improves the taste and odor of Cedar River water,
as well as increasing the public's protection.
Water system security
There is a heightened awareness throughout the nation
among those who provide safe drinking water. Your Tukwila
Public Works Department has taken extra steps to ensure
the safety and integrity of the water distribution system
and storage facilities in this area to protect the quality of
water at your tap.
2008 water quality monitoring results
2008 water quality monitoring results listed in the table
below show that there were no contaminants at or above
levels allowed by federal and state agencies. The first col-
umn lists each compound that was found and the units of
measure. The MCLG and MCL columns list the U.S. En-
vironmental Protection Agency's allowable limits (refer to
the definition of MCLG and MCL below the table). Tukwila
customers and nearly all other regional customers living
south of the ship canal receive water from the Cedar River.
If you would like a copy of the list of undetected contami-
nants (compounds monitored but not found), please call
Tukwila Public Works Operations at 206 433 -1860.
5 0.32 0.2 -1.9 Soil runoff
5 1.00 0.6 1.0 Water additive promoting strong teeth
(target: 1 milligram per liter)
10 I No I 1 Erosion of natural deposits
2000 I 2.10 I I sample' Erosion of natural deposits
10 I No 1 0.5 I By- product of drinking water ozonation.
I* I Highest month 0 I Naturally present in the environment, indicator that
Annual 0 other potentially harmful bacteria may be present
100 1 26.0 1 10 1 By-product of chlorination
The level of a contaminant in drinking water below which there is no known or expected risk to
health. MCLGs allow for a margin of safety.
The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to
the MCLGs as feasible using the best available treatment technology.
Turbidity is a measure of how clear the water looks The turbidity MCL that applies to the Cedar
supply Is 5 NTU.
ND Not Detected ppm Parts Per Million ppb Parts Per Billion
Cryptowhat?
Cryptosporidium parvum is a microscopic organism that,
when ingested, can result in diarrhea, fever and other gas-
trointestinal symptoms. These disease- causing organisms
are commonly found in the natural environment and in
most surface water sources. Seattle's Cedar treatment fa-
cility increases public protection by destroying cryptospo-
ridium and other microbial organisms.
Source water monitoring in 2008 detected cryptosporidi-
um in one of the three samples collected from the Cedar
supply. These levels are relatively low compared to typical
rivers and streams throughout the country.
Ensuring your water is pure
To ensure that tap water is safe to drink, the U.S. Environ-
mental Protection Agency prescribed regulations limiting
the amount of certain contaminants in water provided by
public water systems. The U.S. Food and Drug Administra-
tion regulates contaminants in bottled water, which must
provide the same level of public health protection. Drinking
water, including bottled water, may reasonably be expected
to contain at least small amounts of some contaminants.
The presence of these contaminants does not necessarily
indicate that water poses a health risk. More information
about contaminations and potential health effects can be
obtained by calling the Environmental Protection Agency's
Safe Drinking Water Hotline (1- 800 426 4791), or from the
EPA's Office of Ground Water and Drinking Water website
at htto: /www.eoa.eov /safewater /index.html.
Notice: Important information
Some people may be more vulnerable to contaminants in
drinking water than the general population. Immuno -com-
promised persons (such as persons with cancer undergoing
chemotherapy, persons who have undergone organ trans-
plants, people with HIV, AIDS or other immune system
disorders), some elderly persons, and infants can be par-
ticularly at risk for infections. These people or their care-
givers should seek advice about drinking water from their
health care providers. EPA /CDC guidelines on appropriate
means to lessen the risk of infection by Cryptosporidium
and other microbial contaminants are available from the
Safe Drinking Water Hotline (1- 800 -426 4791).
For more water quality information:
TUKWILA PUBLIC WORKS DEPARTMENT:
6300 Southcenter Boulevard
Tukwila, WA 98188
Phone: 206 433 -0179
Email: tukowene ci.tukwila.wa.us
Water Maintenance: 206 433 -1860
Website: www.ci.tukwila.wa.us
CASCADE WATER ALLIANCE:
Water Conservation Rebates: 425- 453 -0930
Website: www. cascadewater .ora /conservation2.oho
Frequently Asked questions
What are DBPs?
DBP stands for "Disinfection Byproducts When disinfec-
tants are added to water they help maintain the safety of
the water but they can also mix with natural materials to
form DBPs. The EPA has finalized Stage 2 D /DBP rule for safe
drinking water and is implementing the initial phases now.
The City of Tukwila has completed the required monitoring
plan for the "Initial Distribution System Evaluation."
What is the pH of water supplied to Tukwila customers?
The average pH of Seattle's source water is 7.0. The pH is
boosted to 8.2 in the distribution system as part of SPU's
corrosion control policy.
Does the water I receive have fluoride in it?
In accordance with a Seattle public vote held in November
1968, Seattle Public Utilities also adds fluoride to the drink-
ing water at appropriate levels to prevent tooth decay.
How can I get more involved in decisions affecting
my drinking water?
Please contact the Tukwila Public Works office at 206-
433 -0179 with any concerns you might have. The Tukwila
Utilities Committee also welcomes public comment; they
meet twice monthly at 6300 Southcenter Boulevard, Suite
100, in Tukwila. To find out more about the current Utili-
ties Committee agenda and meeting times, please call us
at 206 -433 -1800, or check on the City's website: htto:
www.ci.tukwila.wa us.
ENVIRONMENTAL PROTECTION AGENCY:
Groundwater and
Drinking Water site www.eoa.eov /safewaterhndex.html
Safe Drinking Water Hotline 1- 800 -426 -4791
Safe Drinking Water Hotline email hotline -sdwa( eoamail.eoa.eov
Washington State
Department of Health website www.doh.wa.aov /ehn /dw/
City of Tukwila
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: June 11, 2009
INFORMATIONAL MEMORANDUM
SUBJECT: AT &T Franchise Agreement Renewal
Ordinance No. 2128
ISSUE
AT &T Corp Franchise Renewal and repeal Ordinance No. 2128.
BACKGROUND
Jim Haggerton, Mayor
On August 26, 2006, City Council passed Ordinance 2128 (Franchise Agreement) authorizing
AT &T Corp. to install, operate and maintain a telecommunications system in the public rights
of -way. Ordinance 2128 will expire on August 30, 2009.
DISCUSSION
Throughout the current franchise term, AT &T Corp. has maintained a professional relationship
with the City. The new non exclusive Franchise Agreement (attached) calls for a three -year
term and contains some changes in the Terms and Conditions. The most significant change
pertains to the utilities relocation requirements. Section 5E of the new agreement provides for a
more comprehensive utility relocation provision that would greatly benefit our Project Managers
and minimize the risk for change orders.
RECOMMENDATION
Approve the Ordinance for the new franchise agreement with AT &T Corp. and consider this
item at the July 13, 2009 Committee -of- the -Whole Meeting and subsequent July 20, 2009
Regular Meeting.
Attachments: Draft Franchise Ordinance with Exhibits
W. \PW Eng \PROJECTS \Franchise \Infomation Memo -AT &T Franchise Renewal Final.doc
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO AT &T
CORP., LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE
STATE OF WASHINGTON, FOR THE PURPOSE OF INSTALLING,
OPERATING, AND MAINTAINING A TELECOMMUNICATIONS
SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY;
REPEALING ORDINANCE NO. 2128; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2128, dated August 30, 2006, granted AT &T Corp. a
three -year, non exclusive franchise that expires on August 30, 2009; and
WHEREAS, AT &T Corp., a New York Corporation, "AT &T is a
telecommunications company that, among other things, provides voice and data
services to customers, including those in the Puget Sound Region; and
WHEREAS, AT &T's desired route through the City of Tukwila, hereinafter
referred to as "City," requires the use of certain portions of City rights -of -way for the
installation, operation, and maintenance of a telecommunications system; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights -of -way for installation of telecommunications system is appropriate from the
standpoint of the benefits to be derived by local business and the region as a result of
such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way
must be restricted to allow for the construction of amenities necessary to serve the
future needs of the citizens of Tukwila and that the coordination, planning, and
management of the City's rights -of -way is necessary to ensure that the burden of costs
for the operations of non- municipal interests are not borne by the citizenry; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant,
and regulate nonexclusive franchises for the use of public streets, right -of -ways, and
other public property for transmission of communications;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non exclusive Franchise Granted.
A. The City hereby grants to AT &T, subject to the conditions prescribed in this
ordinance "Franchise Agreement the franchise rights and authority to construct,
replace, repair, monitor, maintain, use and operate the equipment and facilities
necessary for a telecommunications facility within the City -owned rights -of -way
generally described in Exhibit A, and hereinafter referred to as the "franchise area."
B. Such Franchise shall not be deemed to be exclusive to AT &T and shall in no
way prohibit or limit the City's ability to grant other franchises, permits, or rights along,
over, or under the areas to which this Franchise has been granted to AT provided,
that such other franchises do not unreasonably interfere with AT &T's exercise of
franchise rights granted herein as determined by the City. This Franchise shall in no
Page 1of8
way interfere with existing utilities or in any way limit, prohibit, or prevent, the City
from using the franchise area or affect the City's jurisdiction over such area in any way.
Section 2. Authority. The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this
Franchise Agreement and may develop such lawful and reasonable rules, policies, and
procedures as he or she deems necessary to carry out the provisions contained herein.
Section 3. Franchise Term. The franchise rights granted herein shall remain in full
force and effect for a period of three years from the effective date of this ordinance. This
Franchise shall not take effect and AT &T shall have no rights under this Franchise
unless a written acceptance with the City is received pursuant to Section 4 of this
agreement. If AT &T requests a Franchise renewal prior to the expiration date, the City
may, at the City's sole discretion, extend the term of this Franchise for up to one year
beyond the expiration date to allow processing of renewal. If the City elects to extend
the term of this Franchise, written notice of the extension shall be provided to AT &T
prior to the Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this
Franchise and all the terms and conditions shall be filed with the City Clerk within 30
days of the effective date of this ordinance in the form attached hereto as Exhibit B.
Failure on the part of AT &T to file said consent within 30 days of the effective date of
this ordinance shall void and nullify any and all rights granted under this Franchise
Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall
be considered mandatory and failure to abide by any conditions described herein shall
be deemed as non- compliance with the terms of this Franchise Agreement and may
result in some or all of the penalties specified in Section 6.
A. Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the franchise area without first obtaining
appropriate permits from the City of Tukwila, Department of Public Works. In case of
an emergency, AT &T shall within 24 hours of the emergency, obtain a permit from the
City of Tukwila Department of Public Works.
B. Coordination. All capital construction projects performed by AT &T
within the franchise area shall be inspected by a City inspector. All work and inspection
shall be coordinated with the Engineering Division of the Public Works Department to
ensure consistency with City infrastructure, future Capital Improvement Projects, all
developer improvements, and pertinent codes and ordinances.
C. Construction Standards. Any construction, installation, maintenance, and
restoration activities performed by or for AT &T within the franchise area shall be
constructed and located so as to produce the least amount of interference with the free
passage of pedestrian and vehicular traffic. All construction, installation, maintenance,
and restoration activities shall be conducted such that they conform to City's
development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
D. Underground Installation Required. All telecommunications cables and
junction boxes or other vaulted system components shall be installed underground
unless otherwise exempted from this requirement, in writing, by the Director of Public
Works.
E. Relocation.
1. Whenever the City causes a public improvement to be constructed
within the franchise area, and such public improvement requires the relocation of
AT &T's faciliies, the City shall provide AT &T with written notice requesting such
relocation, along with plans for the public improvement that are sufficiently complete
to allow for an initial evaluation, coordination and the development of a relocation
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plan. The City and AT &T shall meet at a time and location determined by the City to
discuss the project requirements including critical timelines, schedules, construction
standards, utility conflicts, as -built requirements, and other pertinent relocation plan
details.
2. To ensure timely execution of relocation requirements, AT &T shall upon
written request from the City, provide at AT &T's expense, base maps, current as -built
information, detailed relocation plan (including detailed schedule of relocation
activities, identification of critical path, identification of facilities, and relocation
procedures), and other design, technical or operational requirements within the
timeframe specified by the City.
3. AT &T may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation. Such alternatives
shall include the use and operation of temporary transmitting facilities in adjacent
rights of way. The City shall evaluate such alternatives and advise AT &T in writing if
one or more of the alternatives are suitable to accommodate the work, which would
otherwise necessitate relocation of the facilities. If requested by the City, AT &T shall
submit additional information to assist the City in making such evaluation. The City
shall give each alternative proposed by AT &T full and fair consideration. In the event
the City ultimately determines that there is no other reasonable alternative, AT &T shall
relocate its facilities as otherwise provided in Section 5E.
4. Upon final approval of the relocation plan by the City, AT &T shall at its
own expense, unless otherwise prohibited by statute, and at the timeframe specified by
the City, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the
City has determined that such removal, relocation, undergrounding, change or
alteration is reasonably necessary for the construction, repair, maintenance, installation,
public safety, or operation of any public improvement in or upon the rights -of -way.
5. If during the construction, repair, or maintenance of City's public
improvement project an unexpected conflict occurs from AT &T's facilities, AT &T shall
upon notification from the City, respond within 24 hours to resolve the conflict.
F. Removal or Abandonment. Upon the removal from service of any
service antennas or other associated structures, facilities and amenities, AT &T shall
comply with all applicable standards and requirements prescribed by the City of
Tukwila Public Works Department for the removal or abandonment of said structures
and facilities. No facility constructed or owned by AT &T may be abandoned without
the express written consent of the City.
G. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise
Agreement, AT &T shall upon the request of the City, furnish a bond executed by AT &T
and a corporate surety authorized to operate a surety business in the State of
Washington, in such sum as may be set and approved by the City as sufficient to ensure
performance of AT &T's obligations under this Franchise Agreement, provided,
however, that such sum shall not exceed 150% of the cost of the telecommunications
system to be installed by AT &T in the City rights -of -way. At AT &T's sole option, AT &T
may provide alternate security in the form of an assignment of funds or a letter of
credit, in the same amount as the bond. All forms of security shall be in the form
reasonably acceptable to the City. The bond shall be conditioned so that AT &T shall
observe all the covenants, terms, and conditions and shall faithfully perform all of the
obligations of this Franchise Agreement, and to repair or replace any defective AT &T
work or materials discovered in the City's roads, streets, or property.
H. "One- Call" Location Liability. AT &T shall subscribe to and maintain
membership in the regional "One -Call" utility location service and shall promptly locate
all of its lines upon request. The City shall not be liable for any damages to AT &T's
system components or for interruptions in service to AT &T customers which are a
direct result of work performed for any City project for which AT &T has failed to
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properly locate its lines and facilities within the prescribed time limits and guidelines
established by One -Call. The City shall also not be liable for any damages to the AT &T
system components or for interruptions in service to AT &T customers resulting from
work performed under a permit issued by the City.
I. As -Built Plans Required. AT &T shall maintain accurate engineering
plans and details of all installations within the City limits and shall provide such
information in both paper form and electronic form using the most current Autocad
version prior to close -out of any permits issued by the City and any work undertaken
by AT &T pursuant to this Franchise Agreement. The City shall determine the
acceptability of any as -built submittals provided under this section.
J. Recovery of Costs. AT &T shall be subject to all permit fees associated
with activities undertaken through the authority granted in this Franchise Agreement
or under ordinances of the City. Where the City incurs costs and expenses for review or
inspection of activities undertaken through the authority granted in this Franchise
Agreement or any ordinances relating to the subject for which permit fees have not
been established, AT &T shall pay such reasonable costs and expenses directly to the
City.
K. Vacation. If, at any time, the City shall vacate any City road, right -of -way
or other City property which is subject to rights granted by this Franchise Agreement
and said vacation shall be for the purpose of acquiring the fee or other property interest
in said road, right -of -way or other City property for the use of the City, in either its
proprietary or governmental capacity, then the City may, at its option and by giving 30-
days written notice to AT &T, terminate this Franchise Agreement with reference to
such City road, right -of -way or other City property so vacated, and the City shall not be
liable for any damages or loss to AT &T by reason of such termination other than those
provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by AT &T to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City,
that describes the violations of the franchise and requests remedial action within 30
days of receipt of such notice. If AT &T has not attained full compliance at the end of the
30 -day period following receipt of the violation notification, the City may declare an
immediate termination of all franchise rights and privileges, provided that full
compliance was reasonably possible within that 30 -day period.
B. Emergency Actions.
1. If any of AT &T's actions, or failure by AT &T to correct a situation caused
by AT &T, is deemed by the City to create a threat to life or property, financial harm, or
cause a delay of the construction, repair or maintenance of the public improvement, the
City may order AT &T to immediately correct said threat, financial harm, or delay or, at
the City's discretion, the City may undertake measures to correct said threat, financial
harm or delay itself; provided that, when possible, the City shall notify AT &T and give
AT &T an opportunity to correct within a reasonable specified time said threat, financial
harm or delay before undertaking such corrective measures. AT &T shall be liable for
all costs, expenses, and damages attributed to the correction of such an emergency
situation as undertaken by the City to the extent that such situation was caused by
AT &T and shall further be liable for all costs, expenses, and damages resulting to the
City from such situation and any reimbursement of such costs to the City shall be made
within 30 days of written notice of the completion of such action or determination of
damages by the City. The failure by AT &T to take appropriate action to correct a
situation caused by AT &T and identified by the City as a threat to public or private
safety or property, financial harm, or delay of construction, repair or maintenance of the
public improvement shall be considered a violation of franchise terms.
2. If during construction or maintenance of AT &T's facilities any damage
occurs to an underground facility, and the damage results in the release of natural gas
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or other hazardous substance or potentially endangers life, health, or property, AT &T
or its contractor shall immediately call 911 or other local emergency response number.
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit
the City's available remedies in the event of AT &T's failure to comply with the
provisions of this Franchise Agreement, to include but not limited to, the City's right to
a lawsuit for specific performance and /or damages.
D. Removal of System. In the event that this Franchise Agreement is terminated
as a result of violations of the terms of this Franchise Agreement, AT &T shall at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow AT &T to abandon its facilities in place.
Section 7. Insurance.
A. AT &T shall maintain liability insurance written on a per- occurrence basis
during the full term of this franchise for personal injuries and property damages. The
policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the
Tukwila Municipal Code.
B. Such insurance shall specifically name as additional insured, the City, its
officers, and employees, shall apply as primary insurance, shall stipulate that no
insurance affected by the City will be called on to contribute to a loss covered
thereunder, and shall further provide that the policy shall not be modified or canceled
during the life of the permit or Franchise Agreement without giving 30 -days written
notice to the City. Notice shall be by certified mail, return receipt requested to the City.
C. If the City determines that circumstances warrant an increase in insurance
coverage and liability limits to adequately cover the risks of the City, the City may
require additional insurance to be acquired. The City shall provide written notice
should the City exercise its right to require additional insurance.
Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve
AT &T from any obligation to obtain approvals or necessary permits from applicable
federal, state, and City authorities for all activities in the franchise area.
Section 9. Transfer of Ownership.
A. The rights, privileges, benefits, title, or interest provided by this franchise shall
not be sold, transferred, assigned, or otherwise encumbered, without the prior written
consent of the City, with such consent not being unreasonably withheld or delayed. No
such consent shall be required, however, for a transfer in trust, by other hypothecation,
or by assignment of any rights, title, or interest in AT &T's telecommunications system
in order to secure indebtedness. Approval shall not be required for mortgaging
purposes provided that the collateral pledged for any mortgage shall not include the
assets of this franchise. Approval shall not be required for any transfer from AT &T to
another person or entity controlling, controlled by, or under common control with
AT &T.
B. In any transfer of this franchise which requires the approval of the City, AT &T
shall show that the recipient of such transfer has the technical ability, financial
capability, and any other legal or general qualifications as reasonably determined by the
City to be necessary to ensure that the obligations and terms required under this
Franchise Agreement can be met to the full satisfaction of the City. The qualifications of
any transferee shall be determined by hearing before the City Council and the approval
to such transfer shall be granted by resolution of the City Council. Any administrative
costs associated with a transfer of this franchise which require the approval of the City,
shall be reimbursed to the City within 30 days of such transfer.
Section 10. Administrative Fees.
A. Pursuant to the Revised Code of Washington (RCW), the City is precluded
from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065,
except that fees may be collected for administrative expenses related to such franchise.
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AT &T does hereby warrant that its operations, as authorized under this franchise, are
those of a telephone business as defined in RCW 82.04.065.
B. AT &T shall be subject to a $5,000 administrative fee for reimbursement of
costs associated with the preparation, processing, and approval of this Franchise
Agreement. These costs shall include, but not be limited to, wages, benefits, overhead
expenses, equipment, and supplies associated with such tasks as plan review, site visits,
meetings, negotiations, and other functions critical to proper management and
oversight of City's right -of -way. Administrative fees exclude normal permit fees as
stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time
administrative fee is due 30 days after franchise approval.
C. In the event AT &T submits a request for work beyond scope of original
franchise, or submits a complex project that requires significant comprehensive plan
review, or inspection, AT &T shall reimburse City for franchise amendment and
expenses associated with the project. AT &T shall pay such costs within 30 days of
receipt of bill from the City.
D. Failure by AT &T to make full payment of bills within the time specified shall
be considered sufficient grounds for the termination of all rights and privileges existing
under this ordinance utilizing the procedures specified in Section 6 of this ordinance.
Section 11. Notices. Any notice to be served upon the City or AT &T shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
with a copy to:
AT &T Enterprise Services, Inc.
Law Department
175 East Houston Street 210
San Antonio, TX 78205
Attention: General Attorney
Section 12. Indemnification.
A. AT &T shall use reasonable and appropriate precautions to avoid damage to
persons or property in the construction, installation, repair, operation, and maintenance
of its structures and facilities. AT &T shall indemnify and hold the City harmless from
all claims, actions or damages, including reasonable attorney's and expert witness fees,
which may accrue to or be suffered by any person or persons, corporation or property
to the extent caused in part or in whole by any negligent act or omission of AT &T, its
officers, agents, servants or employees, carried on in the furtherance of the rights,
benefits, and privileges granted to AT &T by this Franchise. In the event any claim or
demand is presented to or filed with the City which gives rise to AT &T's obligation
pursuant to this section, the City shall, within a reasonable time, notify AT &T thereof
and AT &T shall have a right, at its election, to settle or compromise such claim or
demand. In the event any claim or action is commenced in which the City is named a
party, and which suit or action is based on a claim or demand which gives rise to
AT &T's obligation pursuant to this section, the City shall promptly notify AT &T
thereof, and AT &T shall, at its sole cost and expense, defend such suit or action by
attorneys of its own election. In defense of such suit or action, AT &T may, at its election
and at its sole cost and expense, settle or compromise such suit or action. This section
shall not be construed to require AT &T to:
1. protect and save the City harmless from any claims, actions, or damages;
2. settle or compromise any claim, demand, suit, or action;
3. appear in or defend any suit or action; or,
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AT &T Corp.
Right -of -Way Engineering
3001 Cobb Parkway, NW Room 162
Atlanta GA 30339
Page 6 of 8
4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the negligence or
intentional acts of the City, its employees, agents or independent contractors.
B. To the extent of any concurrent negligence between AT &T and the City,
AT &T's obligations under this paragraph shall only extend to its share of negligence or
fault. The City shall have the right at all times to participate through its own attorney in
any suit or action which arises out of any right, privilege, and authority granted by or
exercised pursuant to this Franchise when the City determines that such participation is
required to protect the interests of the City or the public. Such participation by the City
shall be at the City's sole cost and expense.
C. With respect to the performance of this Franchise and as to claims against the
City, its officers, agents and employees, AT &T expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its officers, agents and 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 AT &T's officers, agents or employees. This waiver is mutually negotiated
by the parties.
Section 13. Severability. If any section, sentence, clause or phrase of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
either party may deem the entire ordinance to be affected and thereby nullified.
However, in the event that a determination is made that a section, sentence, clause, or
phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the
portion declared invalid or unconstitutional as severable and maintain in force the
remaining provisions of this ordinance; provided that, if the City elects, without
agreement by AT &T, to enforce the remaining provisions of the ordinance, AT &T shall
have the option to terminate the Franchise Agreement.
Section 14. Reservation of Rights. The parties agree that this agreement is
intended to satisfy the requirements of all applicable laws, administrative guidelines,
rules, orders, and ordinances. Accordingly, any provision of this agreement or any local
ordinance which may conflict with or violate the law shall be invalid and
unenforceable, whether occurring before or after the execution of this agreement, it
being the intention of the parties to preserve their respective rights and remedies under
the law, and that the execution of this agreement does not constitute a waiver of any
rights or obligations by either party under the law.
Section 15. Police Powers. Nothing contained herein shall be deemed to affect the
City's authority to exercise its police powers. AT &T shall not by this Franchise
Agreement obtain any vested rights to use any portion of the City right -of -way except
for the locations approved by the City and then only subject to the terms and conditions
of this Franchise Agreement. This Franchise Agreement and the permits issued
thereunder shall be governed by applicable City ordinances in effect at the time of
application for such permits.
Section 16. Future Rules, Regulations, and Specifications. AT &T acknowledges
that the City may develop rules, regulations, and specifications, including a general
ordinance or other regulations governing telecommunications operations in the City.
Such regulations, upon written notice to AT &T, shall thereafter govern AT &T's
activities hereunder; provided, however, that in no event shall regulations:
A. materially interfere with or adversely affect AT &T's rights pursuant to
and in accordance with this Franchise Agreement; or
B. be applied in a discriminatory manner as it pertains to AT &T and other
similar user of such facilities.
Section 17. Repealer. Ordinance No. 2128 is hereby repealed.
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Section 18. 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
and effect 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
Attachments:
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Jim Haggerton, Mayor
Exhibit A, Fiber Optic System
Exhibit A -1, AT &T Fiber Optic Network Map
Exhibit B, Acceptance Form
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 8 of 8
EXHIBIT A
FRANCHISE AGREEMENT
AT &T CORPORATION
Fiber Optic System
AT &T's fiber optic system enters Tukwila from the south on West Valley
Highway at S 180 Street. It continues north on West Valley Highway to
Southcenter Boulevard. From this point it continues north on Interuban
Avenue S to East Marginal Way S. On East Marginal Way S, it continues
north to Boeing Access Road, then east on Boeing Access Rd to Airport
Way S and finally north on Airport Way S to Seattle.
AT &T acquired another fiber optic system from Touch America. The
system enters Tukwila on Southcenter Boulevard (S 154 Street) at
Tukwila International Boulevard. It then continues east along Southcenter
Boulevard for a distance of approximately 5,000 feet where it terminates
into a hand hole.
Legend
1
1
AT &T Fiber Optic Network
Exhibit A -1
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Date: June 27, 2006
Date:
City Of Tukwila
City Clerks Office
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Ordinance Adopted:
Dear Ms O'flarety,
In accordance with and as required by Section 4 of City of Tukwila Ordinance passed
by the City Council and approved by the Mayor on (the "Ordinance
Level 3 Communications LLC hereby accepts the terms, conditions and obligations to be
complied with or performed by it under the Ordinance.
Sincerely,
Signature
Printed Name Title
EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
LEVEL 3 COMMUNICATIONS LLC.