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COW 2014-06-23 COMPLETE AGENDA PACKET
C 44 -9 Monday, June Tukwila City Council Agenda ❖ COMM' TTEE OF THE WHOLE ❖ Jim Haggerton, Mayor Councilmembers + Joe Duffie + Dennis Robertson David Cline, CityAdministrator + Allan Ekberg + Verna Seal De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller EXECUTIVE SESSION — 6:20 PM - 7:00 PM Potential Litigation — Pursuant to RCW 42.30.110(1)(i) (40 minutes) 4 LOCATION: Hazelnut Conference Room (CR #3) 23, 2014, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. An update on the Teens for Tukwila program. Tracy Gallaway and Nate Robinson, Parks and Recreation Department. b. A briefing on the Cascade Water Alliance. PatBrodin, Public Works Department. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 4. SPECIAL ISSUES a. An Interlocal Agreement with the Tukwila Pool Metropolitan Park District. b. Discussion on options regarding freeway interchange signs. c. East Marginal Way South Pipe Replacement Project: (1) An Interlocal Agreement with Valley View Sewer District for sewer utility relocation in the amount of $37,570.00. (2) An Interlocal Agreement with Water District No. 125 for water utility relocation in the amount of $57,117.11. (3) Supplemental Agreement No. 4 to contract #13 -036 with KPG, Inc., for construction management services in the amount of $299,902.10. d. A bid award to Road Construction Northwest for the Thorndyke Safe Routes to School Project in the amount of $1,136,256.00. e. Supplemental Agreement No. 3 to contract #13 -076 with RH2 Engineering for the Commercial Business District (CBD) Sanitary Sewer Rehabilitation Project in the amount of $63,124.00. Pg.1 Pg.31 Pg.37 Pg.37 Pg.55 Pg.85 Pg.103 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental (continued...) COMMITTEE OF THE WHOLE MEETING Monday, June 23, 2014 Page 2 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING • SPECIAL MEETING •• •:• Ord #2444 •:• Res #1834 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of vouchers. b. East Marginal Way South Pipe Replacement Project: (1) Authorize the Mayor to sign an Interlocal Agreement with Valley View Sewer District for sewer utility relocation in the amount of $37,570.00. (2) Authorize the Mayor to sign an Interlocal Agreement with Water District No. 125 for water utility relocation in the amount of $57,117.11. (3) Authorize the Mayor to sign Supplemental Agreement No. 4 to contract #13 -036 with KPG, Inc., for construction management services in the amount of $299,902.10. c. Award a bid to Road Construction Northwest for the Thorndyke Safe Routes to School Project in the amount of $1,136,256.00, and authorize the Mayor to sign the contract. d. Authorize the Mayor to sign Supplemental Agreement No. 3 to contract #13 -076 with RH2 Engineering for the Commercial Business District (CBD) Sanitary Sewer Rehabilitation Project in the amount of $63,124.00. Pg.37 Pg.37 Pg.55 Pg.85 Pg.103 3. UNFINISHED BUSINESS 4. NEW BUSINESS 5. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS MeetingDate Prepared by Mayor's review Council review 06/23/14 CT CNIEGORY Di A1 Date scussion 6/23/14 07/07/14 CT __— Ordinance illtsDate 7 Bid Award Mg Date _ Public Hearing Mg Dale Other Mtg Date Mtg SPONSOR Council HR DCD Finance Fire IT _ P&R __ Police l 2 Mayor SPONSOR'S The Council is being asked to review and consider amendments to the TPMPD Interlocal SUMMARY Agreement. ITEM INFORMATION ITEM No. 4.A. 1 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DAM: 06/23/14 AG KNDA HEM TITLE Tukwila Pool Metropolitan Park District (TPMPD) Interlocal Agreement CNIEGORY Di A1 Date scussion 6/23/14 Motion Date 7/7/14 Resolution Mtg Date __— Ordinance illtsDate 7 Bid Award Mg Date _ Public Hearing Mg Dale Other Mtg Date Mtg SPONSOR Council HR DCD Finance Fire IT _ P&R __ Police l 2 Mayor SPONSOR'S The Council is being asked to review and consider amendments to the TPMPD Interlocal SUMMARY Agreement. WWII': BY COW Mtg. Z CA&P Cmte E F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. _ Parks Comm. _ Planning Comm. DATE: 6/10/14 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: SPoNsoR/ADmiN. COMM Mayor's Office ITIEE Forward to Committee of the Whole for discussion COST IMPACT / FUND SOURCE ExpEND VIM,: 12.1.QUIRI:1) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/23/14 MTG. DATE ATTACHMENTS 06/23/14 Informational Memorandum dated 06/04/14, with attachments Minutes from the Community Affairs and Parks Committee meeting of 6/10/14 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: David Cline, City Administrator DATE: June 5, 2014 SUBJECT: Amendments to the Inter local Agreement for Pool Operations and Support Services ISSUE The Tukwila Pool Metropolitan Park District (TPMPD) is recommending making revisions to the current Inter local Agreement for Pool Operations and Support Services with the City of Tukwila ("ILA"). BACKGROUND The City of Tukwila and the TPMPD approved the current ILA for the City to continue to provide Operation and Support Services to the Tukwila Pool in December 2013. Over the past few months, the TPMPD has proposed several revisions to the ILA and has asked the City Administration and City Council to review these changes. This was also brought forward for discussion at the March 25, 2014 Community Affairs and Parks Committee (CAP). At that time, there was agreement to have the TPMPD finish their proposed revisions and then to have these revisions reviewed by the City Council, The City Attorney has commented on these revisions. Any final amendments to the ILA will have to be approved by both the City Council and the TPMPD Board. DISCUSSION The TPMPD Board is proposing that language be drafted to cover the following topics: 1, Dispute Resolution 2. Termination for non-payment, lack of insurance or material breach of contract 3. Accountability and Reporting — including a work plan with measurable goals, financial and other reports and performance audits 4. Cost controls — setting an annual cap on spending beyond which additional approval would be required 5. Policies and Procedures — reserving TPMPD's right to adopt reasonable policies in the future that set a different standard and would supersede previous policies once adopted. The following attachments provide a crosswalk from the current ILA to the most recently proposed ILA that the City Attorney and the TPMPD Attorney have agreed upon. The CAP is now being asked to review this language and provide direction on any additional changes or modifications to this agreement. • Attachment A is the current ILA signed by both parties in December 2013 • Attachment B is City Attorney Memo to the TPMPD attorney regarding the final list of proposed changes to the ILA. • Attachment C is the final amended ILA with all changes shown from the original. 3 4 INFORMATIONAL MEMO Page 2 The actual changes by section are discussed below: Section Item Requested Change Notes 1.1 Change day of termination by one day, to 12/31/2015 instead of 1/1/2016 Both parties Minor administrative change 1.1.1 Termination for non-payment Requested by TPMPD No concerns, current expectation is that TPMPD will reimburse City on a timely basis 1.1.2 Termination for failure to carry insurance Requested by TPMPD No concerns, not an issue since both entities carry WCIA 1.1.3 Termination without Cause Requested by TPMPD and City Agreed to by both parties, allows for reasonable transition of 120 days if a change in service 2.4 Change "will cost" to "are estimated to cost" Requested by City Minor administrative change to clarify cost structure 2.5 Cost Controls Requested by TPMPD See City Attorney Memo — Attachment B: City should recover its full cost of services. NOTE: The first four months of administrative costs have been below the original estimated costs for these services. 2.6 Employees Requested by TPMPD Minor administrative change 4.1 to Accountability and Requested by TPMPD See City Attorney Memo — 4.4 Reporting Attachment B: New section of additional requirements such as work plan, financial reports, and financial audits. 5. Tukwila Policies and Procedures Requested by TPMPD See City Attorney Memo — Attachment B: 6. TPMPD Policies and Procedures Requested by TPMPD See City Attorney Memo — Attachment B: The City has concerns with not being able to weigh in on policies that may affect pool operations. 7. Dispute Resolution Requested by TPMPD See City Attorney Memo — Attachment B: The City Attorney believes it is best if the parties work through mediation and not incur the additional legal costs of arbitration. 8.1 to Additional General Requested by TPMPD No concerns 8.4 Provisions W:I2014 Info Memos-Council\MPD ILA 6-5-14.doc INFORMATIONAL MEMO Page 3 FINANCIAL IMPACT Unknown RECOMMENDATION, A copy of the current ILA is attached for your review. The Community Affairs and Parks Committee members can discuss any recommended amendments to the ILA and then forward to the Committee of the Whole and Regular Meeting for action. ATTACHMENTS • Attachment A: 2014-2015 Inter local Agreement for Pool Operations and Support Services between the City of Tukwila and the Tukwila Pool Metropolitan Park District (ILA). • Attachment B is a City Attorney memo to the TPMPD attorney regarding the last proposed changes with an attached revised ILA Attachment C is the final proposed ILA with all changes shown from the original. W: \ 2014 Info Memos-Council\MPD ILA 6-5-14.doc 5 6 ATTACHMENT A 13 -204 Council Approval 12/9/13 INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY OF TUKWILA AND THE TUKWILA POOL METROPOLITAN PARK DISTRICT In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila ( "Tukwila ") and the Tukwila Pool Metropolitan Park District ( "TPMPD "), both of whom are Washington municipal corporations, hereby enter into the following agreement: I. RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and 'TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: I1. AGREEMENT 1. Term of Agreement and Renewal. 1.1 Term. This Agreement shall be valid from the Effective Date set forth in Section 4.1 of this Agreement until January 1, 2016. 1.2 Renewal. This Agreement may be renewed only by written agreement of both Parties. 2. Scope of Work. 2.1 Pool Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2.2 Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. 2.3 Support Services Scope of Work. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may delegate ILA — City & MPD Pool Operations and Support Services ILA- CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12.11.2013 rs (FINAL for signature approved 12 10.13) 7 responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time spent providing support services, plus 10% for overhead expenses. Support Services will cost approximately $6,600 per month; however nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 2.5 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. 2.6 Employees. All City employees who provide the TPMPD the services called for in this Agreement shall be employees of the City, and not employees of the TPMPD. Except as provided in this Agreement, the employees of the City who are performing the services called for in this Agreement shall not be entitled to any benefit from the TPMPD. The City shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and enforce the City's policies and procedures related to employee safety, pool behavior and workplace harassment. 2.7 Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TPMPD, and shall be retained in accordance with the records retention requirements of the TPMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. 3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) FINAL 12.11.2013 rs (FINAL for signature approved 12.10.13) 8 [ -2 -] 3.1 Insurance. Each party shall carry and maintain, for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. 4. General Provisions. 4.1 Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD's Board President and the Mayor of Tukwila. 4.2 Amendment. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 4.3 Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 4.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby. 4.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 4.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. 4.7 Notices. Any notice to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested, or by personal service to the following: For Tukwila: For TPMPD: City Clerk President City of Tukwila TPMPD 6200 Southcenter Blvd. 6200 Southcenter Blvd. Tukwila, WA 98188 Tukwila, WA 98188 ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pod Operations and Support Services Attachment A (Scope) FINAL 12.11.2013 rs (FINAL for signature approved 12.10.13) [ -3 -] 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DJSTRICT By: Title: Board President Dated: I —/ Attest: t C( ?1 O aherty, City Clerk Title: erk of the Board Approved as to Form: Approved as to Form: -V Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD Attachment: Exhibit 1: Pool Operations Scope of Work Exhibit 2: Support Service Scope of Work ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Suppot Services Attachment A (Scope) FINAL 12.112013 rs (FINAL tor signature approved 12.10.13) 10 [ -4 -1 ATTACHMENT B TO: Brian Snure, Attorney for the Tukwila Pool Metropolitan Park District FROM: Rachel Turpin, Attorney for the City of Tukwila DATE: May 28, 2014 RE: Interlocal Agreement for Support Services Between Tukwila and TPMD Michael R. Kenyon Bruce L. Disend Shelley M. Kerslake Kari L. Sand Chris D. Bacha Rachel B.Turpin Ann Marie J. Soto John P. Long, Jr. Danielle M. Evans Kim Adams Pratt As you know, the City of Tukwila (City) and the Tukwila Pool Metropolitan Park District (TPMPD) entered into the current Interlocal Agreement for Support Services ( "ILA ") in December, 2013. On March 17, 2014, the City received the TPMPD's proposed changes to the ILA. At that time, the TPMPD Board of Commissioners had not yet weighed in on the changes. On March 18, 2014, on behalf of the City administration, I provided comments to the changes. On April 30, 2014, you provided me with a revised version of the ILA, which only resolved a few of the City's issues. I have had a chance to review the latest version with the City administration, and there are still a number of changes to the current agreement that trouble the City. I have addressed those issues section by section below. Please note that the City Council has not yet had an opportunity to weigh in on the proposed revisions to the ILA. The City administration would like to take this to a Community Affairs and Parks (CAP) committee meeting in June so that our City Council Members can weigh in on behalf of the City, as well. Please feel free to contact me with any questions. I look forward to working with you to resolve these issues and to negotiate an agreement that both parties are satisfied with. Section 2.4, Support Services The language added to this Section by the City is language that is included in the current agreement. It is simply to clarify the fact that invoices could potentially exceed $6,600. Kenyon Disend, PLLC The Municipal Law Firm 11 Front Street South Issaquah,WA 98027 -3820 Td: (425) 392 -7090 Fax: (425) 392 -7071 www.kenyondisend.com 11 Section 2.5, Cost Controls Unfortunately, there could be circumstances under which the City would not be able to provide advance written notice that the annual maximum was going to be exceeded, and the City would still need to recover costs for whatever service it had provided. For example, April, 2014 expenses were higher than $6,600 due to a large public records request. Since there was no way the City could determine the cost of processing this request up front, it would have been unable to get advance written approval for that expenditure. If this were to happen toward the end of the year, it could make the City exceed the annual maximum; however, the City would not know until the services had already been rendered. While the City will not agree to set an annual maximum, it understands the TPMPD's desire to control costs. As such, the City is suggesting language requiring the City to notify the TPMPD when costs hit $60,000, so that the parties can then work together to find ways to cut costs moving forward. Section 4.1, Annual Operations Plan ( "Work Plan") The current ILA does not have a requirement for a Work Plan. The City is not necessarily opposed to creating a Work Plan, but further clarification is needed about what is being requested and why. The City would like to see Sections 4.1.3 and 4.1.4 either removed or clarified so that the City understands what is expected of it. Additionally, it is important to note that preparing a Work Plan will add to the TPMPD's costs. Section 4.3, Other Reporting The City has changed "monthly" reporting to "quarterly." Monthly Work Plan reports will be a lot of added work for the City, which will in turn drive up costs for TPMPD. Quarterly reporting seems more appropriate. Section 6, TPMPD Policies and Procedures The City has added language requiring TPMPD to get prior approval from the City before adopting policies that affect operations. Since the City is the pool operator, it is essential that the City have input on any policy that affects operations. Section 7.3, Arbitration While the City is not opposed to alternative dispute resolution, and would be happy to agree upfront to mediate a dispute prior to litigation, it is opposed to agreeing up front to arbitration. If a dispute arises that is subject to mandatory arbitration, the City will, of course, arbitrate. However, many civil actions are not subject to mandatory arbitration and there may be cases where the City may feel arbitration is not appropriate. This is not unique to this agreement the City always attempts to remove mandatory arbitration clauses from contracts. -2- 12 INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY OF TUKWILA AND THE TUKWILA POOL METROPOLITAN PARK DISTRICT In accordance with the Inter local Cooperation Act (RCW 39.34), the City of Tukwila ("Tukwila") and the Tukwila Pool Metropolitan Park District ("TPMPD"), both of whom are Washington municipal corporations, hereby enter into the following agreement: RECI1ALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: II. AGREEMENT Term of Agreement, Termination and Renewal. 1.1 'Term. This Agreement shall be valid from the Effective Date set forth in Section 4.1 of this Agreement until December 31, 2015 unless terminated by consent of the parties or by one of the termination methods set forth below, etc. 1.1.1 Termination for non-payment. If the TPMPD has not made a monthly payment within ten (10) days after its due date of net 30, Tukwila shall send, by registered mail and email, written notice to the TPMPD that such payment is overdue. If payment is not made within five (5) business days after said notice has been received, Tukwila may terminate this Agreement by providing written notice to the TPMPD, it being understood that nothing in this shall limit or impair Tukwila's right to any remedy otherwise available under applicable law. 1.1.2 Termination for failure to carry insurance. Either party may terminate this Agreement immediately in the event the other party fails to maintain the insurance coverage required under Section 3.1. 1.1.3 Termination Without Cause. Either party may terminate this agreement at any time with one hundred twenty (120) days written notice to the other Party. 13 1.2 Renewal. This Agreement may be renewed only by written agreement of both Parties. 2. Scope of Work. 2.1 Pool Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2.2 Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. 2.3 Support Services Scope of Work. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may delegate responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time spent providing support services, plus 10% for overhead expenses. Support Services are estimated to cost approximately S6,600 per month; however, nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 2.5 Cost Controls. Tukwila is authorized to invoice on a cost for service basis-up-te the annual maxim amount of S0.0OO. Once costs Costs for support services exceeding that annual maximum shall require specific advance written approval from the Board .have reached $60,000, Tukwila shall notify the TPMPD soon as it determines that the annual maximum amount may be exceeded and the parties shall provide TPMPD with variouswork together to find options for reducing the costs. TPMPD will actively seek and implement cost saving measures to assist in maintaining costs below the annual maximum. 2.6 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. 2.7 Employees. All City employees who provide the TPMPD the services called for in this Agreement shall be employees of the City, and not employees of the 14 TPMPD. Except as provided in this Agreement, the employees of the City who are performing the services called for in this Agreement shall not be entitled to any benefit from the TPMPD. The City shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and follow the City's personnel policies and procedures related to employee safety, pool behavior and workplace harassment. 2.8 Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TPMPD, and shall be retained in accordance with the records retention requirements of the TPMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. 3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 3.1 Insurance. Each party shall carry and maintain, for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. 4. Accountability and Reporting. 4.1 Annual Operations Plan, (also known as the "Work Plan"). Tukwila, working in conjunction with the Executive Director, shall provide the TPMPD with an Annual Operations Plan for the coming year on or before November 15th of each year. The Work Plan shall be subject to the approval of the TPMPD, within 45 days of submittal, which approval shall not be unreasonably withheld. If the TPMPD does not approve the Work Plan, it shall specify in detail a reasonable basis for its disapproval. If the TPMPD fails to provide its approval or a reasonable basis for disapproval within the foregoing 45-day period, the Work Plan as submitted by Tukwila shall be deemed approved. In the event of dispute or disagreement regarding the adoption of or compliance with the Work 15 Plan, the parties shall resolve such dispute pursuant to the Dispute Resolution provisions in Paragraph 6. The Work Plan shall include, at a minimum, the following elements: 4.1.1 Proposed pool hours, programs, partnerships, and user fees. 4.1.2 Proposed routine maintenance plan and identification of non-routine maintenance for the year. overall swim safety and cust rner satisfaction. 4-4 -----54±3_Proposed annual operating budget including all operational expenses and expected revenue (not to include capital expenses or TPMPD administrative costs). 4.2 Financial Reporting. Tukwila shall provide monthly financial reports to the TPMPD. The monthly reports shall provide all income and expenses, including staffing and support services, separating operational expenses from capital expenses and TPMPD administrative costs. The reporting shall be submitted to the TPMPD Board in time to be included in the distribution for the monthly public meeting. 4.3 Other Reporting. Tukwila shall provide the TPMPD with Ment-hly-quarterly reports including, but not limited to, progress toward goals outlined in the Work Plan. These reports are due to the Executive Director one week (seven days) prior to the monthly TPMPD Board of Commissioner's meetings. 4.4 Performance Audits. The TPMPD may conduct Performance Audits at such time as TPMPD determines a Performance Audit is necessary. Performance Audits will include, but are not limited to, review of Tukwila's performance against Work Plan benchmarks, budget, timelines of current and future projects and other deliverables as presented to the Executive Director and outlined in the annual Work Plan. 5. Tukwila Policies and Procedures. The TPMPD agrees to adopt and follow all Tukwila policies and procedures relating to the operation of the pool existing on the date of this Agreement. Tukwila reserves the right to modify, remove or add policies and procedures relating to the operation of the pool, provided however, if such policies and procedures affect the TPMPD's costs under this Agreement, such modified, removed or additional policies shall be subject to the prior approval of the TPMPD, such approval by the TPMPD not being unreasonably withheld. 6. TPMPD Policies and Procedures. The TPMPD reserves the right to adopt TPMPD policies and procedures that govern pool policy and operations. If such policies or 16 procedures affect the wages or working conditions of Tukwila employees or pool operations, such policies and procedures shall be subject to prior approval by Tukwila, such approval not being unreasonably withheld. TPMPD policies may not relax requirements below current local, state or federal standards. TPMPD policies shall supersede all previous policies once adopted. 7. Dispute Resolution. 7.1 Negotiation. In the event a dispute arises under this Agreement the parties agree to engage in a process of negotiation to resolve such dispute. 7.2 Mediation. If the parties are unable to resolve a dispute regarding this Agreement through negotiation, either party may demand mediation through a process to be mutually agreed to in good faith between the parties within 30 days. The parties shall share equally the costs of mediation and each party shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney's fees. 7.3 Arbitration. If a mediation process cannot be agreed upon or if the mediation fails to • - - ; • ing to an alternative dispute resolution process. The arbitration shall be before a disinterested arbitrator selected pursuant to the Mandatory Arbitration Rules with • 4.1 arbitration shall be mutually agreed or established by the assigned Arbitrator, and t laws of Washington will govern its proceedings. Each party shall be responsible for its own costs in preparing for and participating in the arbitration, including expert witness fees and reasonable attorney's fees. 7.4 Judicial Review. Following the arbitrator's issuance of a ruling/award, either party shall have 30 calendar days from the date of the ruling/award to file and serve a demand for a bench trial de novo in the King County Superior Court. The court shall determine all questions of law and fact without empanelling a jury for any purpose. If the party demanding the trial de novo does not improve its position from the arbitrator's ruling/award following a final judgment, that party shall pay all costs, expenses and attorney fees to the other party, including all costs, attorney fees and expenses associated with any appeals. 7.5 Exclusive Process. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive and final remedy to or for either party for any dispute regarding this Agreement, and its interpretation, application or breach, regardless of whether the dispute is based in contract, tort, any violation of federal regulation and regardless of the amount or type of relief demanded. 17 8. General Provisions. 8.1 No Separate Entity Created. This Agreement does not establish a separate legal entity, joint board, or administrative section for the purpose of acquiring, managing, or disposing of property, or any other financial obligation allowed under the Interlocal Cooperation Act. 8.2 Administration. Unless the Parties otherwise agree, there shall be no lead agency responsible for the administration of this Agreement. This Agreement shall be administered jointly by the chief officers of the respective Parties. 8.3 Property Ownership. This Agreement does not provide for jointly owned property. All property presently owned or hereafter acquired by using TPMPD funds shall remain the property of the TPMPD and all property presently owned or hereafter acquired using City funds in performing services under this Agreement shall remain the property of the City in the event of the termination of this agreement. 8.4 Benefits. This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 8.5 Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD' s Board President and the Mayor of Tukwila. 8.6 Amendment. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 8.7 Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 8.8 Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby. 8.9 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 8.10 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. 8.11 Notices. Any notice to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested, or by personal service to the following: 18 For Tukwila: For TPMPD: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 President TPMPD 6200 Southcenter Blvd. Tukwila, WA 98188 19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: By: Jim Haggerton, Mayor Title: Board President Dated: Dated: Attest: Attest: Christy O'Flaherty, City Clerk Approved as to Form: Title: Clerk of the Board Approved as to Form: Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD 20 ATTACHMENT C INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY OF TUKWILA AND THE TUKWILA POOL METROPOLITAN PARK DISTRICT In accordance with the Inter local Cooperation Act (RCW 39.34), the City of Tukwila ("Tukwila") and the Tukwila Pool Metropolitan Park District ("TPMPD"), both of whom are Washington municipal corporations, hereby enter into the following agreement: RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: II. AGREEMENT 1. Term of Agreement, Termination and Renewal. 1.1 Term. This Agreement shall be valid from the Effective Date set forth in Section 4.1 of this Agreement until koithary.-1 -,--20-14 -1 ) eccjii.:3j„ 2O] utiles.5. terminated by consent of the _parties or hy on.e, of' the termination methods set forth below, etc, 1 it,Y111P.P.L.„„1.„1,„„th.e:11".M.P.1)11,-Js„„11.2„11..„1:11Ack„,,,A..1119111.1d..Y. payment within it (10) chty:_s after its (hie date of net 3Q, 'Tukwila shall JP_Ittri",{13„..MPP ,tbal such ;payment is overdoie, IT_Trament is not made within five (5) usiness days :i‘fter said notice has been received, Tukwila may terinillate this Azeement by providlrig written notice to the TPIVII"D„it 11_1 YY:114'„5 Tigilt to any remedy otherwise available under L., L. Termination for failure to carry insurance, .Et • .er party _may terminate this Av.:gement immediately in. th.e even.t the oth.e.r12,arty fails to maintain th.c insura.n.ce covera& required under Section at_any1true with one hund.red twenty (120.) day„s; written notice to the other Party. 21 1.2 Renewal. This Agreement may be renewed only by written agreement of both Parties. 2. Scope of Work. 2.1 Pool Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2.2 Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. 2.3 Support Services Scope of Work. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may delegate responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time spent providing support services, plus 10% for overhead expenses. Support Services v41,kges,s.tim.4I0Jcl cost approximately S6,600 per month; however, nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 21c1,1q51cpatrols,, Tukwila is authorized to in:Voice on a cost for servicellats„ lo r sup:port services have reached $601)00,11rukwi1 a shall notify Ole yrigpja J19414c1_121111i..c±L,i1A1 work tog ether to find (1,p:1s for re4JucingL the cpsts. TPM1PD will actively .seck. and initplerne.ht cost saving theasit.res to assist :16 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. Employees. All City employees who provide the TPMPD the services called for in this Agreement shall be employees of the City, and not employees of the TPMPD. Except as provided in this Agreement, the employees of the City who are performing the services called for in this Agreement shall not be entitled to any benefit from the TPMPD. The City shall, at all times, be solely 22 responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and efff&Feef011oyy the City's personnel policies and procedures related to employee safety, pool behavior and workplace harassment. Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TPMPD, and shall be retained in accordance with the records retention requirements of the TPMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. 3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 3.1 Insurance. Each party shall carry and maintain, for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. 4, .Aecountability_and Rgporting. 4„. Annual ()perations Plan„ known as the °"\Work Plan."). TukwiL.Lworkin conlynction with the: Executive .Direetos shall 12rovide the TPWIPD with .1111 Annual Operations Plan f.or the coming Igar on or before November 15th. of r,,'Ach year, rile Work. PLn til e subject to the approval of TPMPT2,4 within 45 days of subinittalwhich approval shall not. be unreasonably withheld. sPeeitY„„„...in detail a reasonable basis .for its di s app.rov L111,,,ft,,,,,IPMPDIailLtagroyi clelt _approy or a reasonable basis for disapproval .withi n.. the foregoing, 45-day period.,the W.Prk.,,_.klurii,15__.u,hIllit,ted.hY..2:10Y11.0,_.,51141LIA...dP.e..11,1e.d..a4,2121:Q.Y.ed„...in the event of dispute or disaffeernent reardirtg,:the ado4Ition. of or corwlian(e with the Work mil, the, parties shall re,solve SUCil di. saptepursuant to the .1)i.,wute R.esolution provisions in :Paramtpla 6. —he Work. Plan shall include, at a rnnnurrl„. the 23 ...Prcippseel routine maintenance_plan and identification of non-routine maintenance for the _year. 4i 1 .3 Pr112Psed '.101103 al 0 erati 0 1,....1)il32etiledudtPS........al1 Oliteti41,ic.,2Pat.„exicEffi„ and ex,pected lir°, venue Lilo t to include )ld1 ex pe n s es or TP M P administrative costs)„ Reporting 71fukwila shall providc rtiorithly 1ind a1icpo ntslo th.e, ,PD, Tile monthly reports shallproviel.e, all income and expenses, neluding staffing End e.xpenses and I:1).WD administrative costs. 'The reporting shall be s.iiiiiiinittect. to the 1ludru fl tnne to he included in th.e distribu.t irm for the, :monthly pt1ilic..111(.101t1g.,. 4,3 Other Juoi to IUkWdO . shall provid the it'PMPD vil hquu rterly niiipatits including„ :but not limited to„piirogress towaintvals outlined in the Wcyrk.Plan. Ttkese CJM0 is are due to dite12ceci„tiiiv.elX,reetSitii„....c?ri.e...Week.....0eYen.....dilY„Rid0112 the inontrily TPMPD Board of Corntn.issionees ineeting.s. 4A- Perfortnance Audits. The T.PM.PD i tyr)»(1L ct Performance Audits at such 11.02e...„„3 „.51.EiMEILcigIQtritAiaiJii_Pqrf0rrita.ilcg„.„.„Aliclitti. Audits will includ.pi_but are not limited treview of Tukvidla's performance ot1er_de1 ,iy_01 aPje5. .preriented to .the Executive Ili)i.rector and outlined. in. the annual Work Plan. itwila Policies win Procedures„ .. 1 he 1.7PM,PDAgreeiis.todppLiand. policies and procedures relating to the operation of the_pool. existing_on. the, date of this Agreement. Tukwila reserves the rtglit to modify,remove or add pplicies and procedures :atin lo .the openition of th.e pool, provided howeven if such _policies and._procedures affect the TPMPD' s costs under this Agreernent„ such reodifiedreinoved or, ,additional. policies shall be subject In) t11 prior approval of the IPMPT)IiuphlipproyalIiiy__tihe. not being unreasonably withheld, 6. TPT.,PD Policies an.d Procedu.res ' 'he 'IPMPJ)___isApry_eL_th.e__ right _to iiirlppt__IP_MP_P psilicies and _propeduses that goyern__ppoi„poliipy_ r9rocedures al loot the wages or working candition.s of 'Tukwila ciiiiployeesor_dlooli pprations„, such_policies and ;procedures shall be widget to prior such 4.14.2r val. not being unreasonahly withheld, TPi ,PD pohccs triuy it.ot relax. requirciiimprits;___licilpw__ current lioc4.1„Atiite __or jede.ral stun d. ard. supersede al 1 pirvl ou s policies one adopted. NC01ht1JOO E1 117 e event a dirip_ijte arises under_tIPLAgreernerit gni= in a process of .negotiation to resolve such. disippre. 24 7.2, .IVIe(liation, If the „2iirties are unable to' reso. ve ;a. reillarding_ this Agreement mutually agreed to in good faith he th.e. parties within 30 (1.4ys, "Tile, parties shall costs iirliseptiration. an(1 . pii.rticipatiol t. in the Trieclioni_includ.ing expert witness fees and reasontible attorney's :fees. 478,General Provisions. No Site :Entity Creitted, T.his Agi eerne.nt. does not establish a sepigate legal entity„ jpint board„ 01 achninistrative section for the Ramose, (if t.iiiquirniti, iintiriglijpgii or disposingof_property, or any other tmaneia.1. obligation allowed Adrninistra.tio.ri .. thi....ess the Patties otherwise agree thCI 1 3iaIi be no lead avency spin sibl e far—the administration ti'/grrcn1cnt This A.greernent shall be administered. lointly by the chief officers of the respeictive Ept 8.3 .Pro_perty_Ownership, "This Agreement h..otis not. _provide for jointly_ owned properly, All 'Rropertyrese.ntly (milte( )T hereafter 1C(ulrCd b 11s1ng_31?MPD fudsshI1 4110,...d.L.prcalgrLY:PIn_en Y..0 W11.0 or hereafter aesvired. u.siTig City lndsruper1 niing services und.er this Agleernerit sh.all remai.n the.12.roperty of. the City hi, the event of hie termination. Qt. BetehtEI is agreernent is cntelec into for the benefit of the parties to this JfkiEst olE5c11111:L. 18,5 Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD's Board President and the Mayor of Tukwila. 4-28,b Amendment. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 4,48.7 Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 4.-Th 8 Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby. 25 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 410 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. 4,7K 11 Notices. Any notice to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested, or by personal service to the following: For Tukwila: For TPMPD: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 26 President TPMPD 6200 Southcenter Blvd. Tukwila, WA 98188 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: By: Jim Haggerton, Mayor Title: Board President Dated: Dated: Attest: Attest: Christy O'Flaherty, City Clerk Title: Clerk of the Board Approved as to Form: Approved as to Form: Shelley M. Kerslake, City Attorney Brian Snure, Attorney for TPMPD 27 28 Community Affairs & Parks Committee Minutes June 10, 2014 - Page 2 • No golfing in undesignated areas • Inflatables at parks • Disposal of hot coals • Alcohol • Soliciting /Concessions • Overnight camping • Parking • Trail use etiquette • Urban hunting /foraging • Posting information • Conduct • Smoking (including marijuana) Committee members briefly discussed these items and gave direction to staff to proceed. They had no further topics to add. DISCUSSION AND COMMITTEE DIRECTION TO PROCEED WITH CODE UPDATES. Committee Chair Duffle announced that the order of the remaining two items would be reversed. D. Code Enforcement Tour Follow -up Committee Chair Duffle requested a follow -up discussion to the Code Enforcement Tour that was provided at the special Committee meeting on May 29, 2014. DCD Director Jack Pace summarized current activities in the Code Enforcement Department, including streamlining processes, adding staffing, and community engagement. The new building inspector, once hired, will be crosstrained on code enforcement duties to provide relief to the workload. Staff will continue to update the Committee on code enforcement activity, including a thorough review of the rental housing inspection program this fall. In addition, staff has been meeting with SeaTac code enforcement staff regarding coordintation along joint corridors. Committee members indicated appreciation and support for all of these efforts. INFORMATION ONLY. E. Interlocal Agreement with Tukwila Pool Metropolitan Park District Staff is seeking Council direction regarding several amendments to the Interlocal Agreement for Pool Operations and Support Systems that have been proposed by the Tukwila Pool Metropolitan Park District (TPMPD) Board of Commissioners. At the March 25, 2014 Community Affairs and Parks meeting, the Committee asked for the opportunity to review the proposed revisions once prepared by the TPMPD and following review by both parties' attorneys. These steps are complete, and the Committee discussed the language agreed upon by both attorneys, summarized below. Section 1 - Term of Agreement, Termination and Renewal Amendments in this section change the agreement's end date and establish termination for non- payment, lack of insurance, and without cause by either party with 120 days' written notice. Section 2 - Scope of Work To aid in this discussion, staff distributed a chart displaying actual and budgeted support costs. Costs declined as anticipated in February and March, but rose again in April and May due to requests for staff participation at the Board Retreat and at monthly Board and Executive Director Committee meetings. An amendment to 2.4 clarifies the potential for invoices to exceed $6,600 monthly, as recently seen due to a large public records request made in April. An added section 2.6 establishes a cost control mechanism in which the City will notify the TPMPD once support costs have reached $60,000, and both parties will work collaboratively to identify cost reduction opportunities. 29 Community Affairs & Parks Committee Minutes June 10, 2014 - Page 3 30 Section 4 - Accountability and Reporting This proposal adds a new section that would establish the requirement of an annual work plan, financial and other reporting, and performance auditing. It is expected that these requirements will add to the total support service costs. Section 5 - Tukwila Policies and Procedures This is a new section stating that the TPMPD agrees to adopt and follow Tukwila policies and procedures already in place relating to pool operations. Modification to these policies and procudures that would impact costs are subject to TPMPD approval. Section 6 - TPMPD Policies and Procedures This proposal adds a new section allowing the TPMPD to adopt policies and procedures that govern pool policy and operations, superseding existing policies. If these policies or procedures affect employee wages, working conditions or pool operations, approval by the City is required. Section 7 - Dispute Resolution This is a new section that establishes a process for dispute resolution to include negotiation and mediation. Section 8 - General Provisions Amendments include new provisions stating that the Agreement creates no separate entity, is administered jointly, does not provide for jointly owned property, and is entered into for the benefit of the two parties only. While Committee members were unanimously comfortable with most of the proposed amendments, they were not unanimous with regard to Sections 5 and 6 adding new provisions relating to operational policies and procedures. One view is that the City already has appropriate policies and procedures relating to swimming pool operations. On the other hand, the proposals afford both parties more flexibility to accommodate changing needs, and approval by both parties would be required in most cases. In addition, the proposed termination clauses in Section 1 offer greater flexibility for both parties as well. Following discussion, Councilmembers Robertson and Seal were in favor of forwarding the agreement for Committee of the Whole discussion with all of the proposed amendments, and Councilmember Duffie was opposed to including the amendments described in Sections 5 and 6. DIVIDED RECOMMENDATION. FORWARD TO JUNE 23, 2014 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS David Cline mentioned that the School District has informed the City it is evaluating the Rainier Symphony's use of its facilities for performance and practice. The City is a party to a Memorandum of Understanding that recognizes the Rainier Symphony as a City sponsored user and waives rental fees. Meeting adjourned at 7 :32 p.m Next meeting: Tuesday, June 24, 2014, 5:30 p.m. Committee Chair Approval Minutes by LH 4.B. ITEMINFORMATION STAFFSPONSOR: ORIGINALAGENDADATE: AGENDAITEMTITLE CATEGORY SPONSOR OPH7 OHR OP&R SPONSOR'S SUMl\1ARY REVIE\'V'EDBY CA&PCmte COWMtg. F&SCmte TransportationCmte UtilitiesCmte ArtsComm. ParksComm. PlanningComm. DATE: COMMITTEECHAIR: SPONSOR/ADMIN. COMMITTEE COSTIMPACT/FUNDSOURCE EXPENDITUREREQUIRED AMOUNTBUDGETED ApPROPRIATIONREQUIRED FundSource: Comments: MTG.DATE RECORDOFCOUNCILACTION r.o MTG.DATE ATTACHMENTS 32 lap City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U��������U� on�n ��n`�nmn��n n�*n����~ n�n�~n�n��o���n��*��n�n TO: Mayor Haggerton Committee of the Whole FROM: Jack Pace, Director BY: Nora Gierloff, Deputy DCD Director Brandon J. Miles, Economic Development Planner DATE: March 3, 2014, Updated June 3 and 17, 2014 SUBJECT: Sign CodoReQu|ations'Freevvoy/ntenchangoSi/no 3'd Briefing Memo (Updated Following COW Meeting) ISSUE Should sign code regulations prohibiting new and enlarged freeway interchange signs within the City be modified? BACKGROUND Atthe February 11,2014 CommunityAffairs and Parks meeting, the owners ofthe Union 76 gas station at 13310 Interurban Avenue discussed their desire to see the regulations regarding freeway interchange signs modified. As part of an expansion to include a diesel fuel station on an adjacent parcel the owners want to reface and expand the non-conforming 200 square foot freeway interchange sign (100 sf per face) in a manner that is not permitted under the City's Sign Code. Their proposed sign would have a total square footage of 488 square feet (244 sf per face). The largest freeway interchange sign permitted under the prior Sign Code was 250 sf (125 sf per face). Under the current Sign Code no new freeway interchange signs are permitted and existing ones may be refaced and have copy changes until August of 2015, provided the height and area of the sign remain uncharged. Any changes to the sign code must remain content neutral, meaning that we can no longer legally limit certain types of signs to specific types of businesses as in the previous freeway interchange sign regulations. CAP brought the issue back for further discussion on March 25, 2014 and then forwarded this matter to the June 9, 2014 Committee of the Whole for discussion without a recommendation. The COW considered the options and asked staif to develop them further. While there was not a consensus about the correct approach the Council generaily expressed a desire to find a solution for the Petersons that did not result in a proliferation of additional freeway interchange signs, create legal challenges or involve a lengthy public process. Between meetings staff has met with the owners in order to gain a better understanding of their goals and sign needs. Staff also reviewed photos from Google Earth to determine the visibility of the existing sign from Interstate 5 and State Route 599. INFORMATIONAL MEMO Page 2 DISCUSSION The visibility of the existing sign (as well as other freeway interchange signs in the area) is severely limited by the topog[aphy, trees and the design of the roadway. Often times when the sign is visible it is already too late for a motorist to make a decision to attempt to exit the freeway. For example, the sign is only visible from north bound Interstate 5 after the off ramp to State Route 599 has passed. Motorists have to use the SR 599 off ramp from Interstate 5 to access the gas station. The sign's visibility from SR 599 is extremely limited. Southbound traffic on Interstate 5 has the best view of the existing sign. Staff would like to present three options for the Committee to consider regarding the issue of freeway interchange signs. Option 1. Retain the Existing Code Language In accordance with their overall policy direction to phase out pole signs the Sign Code Advisory Committee recommended that new freeway interchange signs not be permitted in the City. As was stated in the Siqn Code Advisory Committee Policy Recommendations, "Freeway interchange si s are [a] /egacy of the past and they likely provide Iittle assistance to the traveling public. N/SDOT permits small directional si ns within their right of way to note upcoming services. These si ns are typically spaced further back from the off ramp in order to a/Iow motorists adequate time to make a decision to exit the freeway. Additionally WSDOT provides signs on the exit ramps which further provide direction to motorist as they exit the The Union 76 Gas GtoUon, as well as other businesses with freeway interchange signa, are permitted to do refaces and copy changes until August of 2015. provided the height and area of the sign remain unchanged. Retaining these existing regulations would not have any staff time, budget or legal impacts. Option 2. Allow Area Increases for Freeway Interchange Signs The City's current non-conforming sign regulations only allow copy changes and refaces of an existing freeway interchange sign if there is no change in the height, mnea, or shape of the sign. Under the City's old sign code freeway interchange signs were permitted to be up to 125 square feet per face, up to 250 square feet for all sides. One option would be to relax the restrictions on what work can be completed to an existing non-conforming freeway sign and allow an increase in area up to 125 feet per face (250 square feet for all sides). The sign would still be non- conforming and after August of 2015 changes to the freeway interchange sign would not be permitted and eventually the sign would be removed when the business changed or the sign was damaged. 19.36.050 Existing Freeway Interchange Signs Existing Ssigns classified as freeway interchange signs under the previous Sign Code are permitted to Fenlain for a ve year grace period starUng from the effective date of this ordinance. During the grace period, freeway interchange signs may bo enlarged hza maximum o/125nf per side, 25Osf total. ha*e.un4mA*dbenefoued:, and have copy changes provided the a a,-height and Iocation of the sign n remain unchanged. Relocation or Leerectiod Of the sign during the periodis not permitted. Application for a non-conforming sign permit is required for all sign face, area or copy changes to a freeway interchange sign. After the grace period has terminated, the sign isperm�edtn remain as-is indefinitely however `� =`'������ y�+ • •. complianceeswiththe Sign Code is triggeredregurredforly anyre|ocoUVn.re'erecUVn.al0araUnO.rep|aoemoDt or change in any way to the structure or sign panel/face/copy. Ordinary maintenance and repair of a sign shall be permitted without loss of nonconforming status if the cost of all maintenance and repair over a two-year period is less than 25 percent of the cost of replacing the sign. 34 INFORMATIONAL MEMO Page 3 At the June 9Th COW meeting the Petersons indicated that a 125 sf sign face would be acceptable to them. Option 2 would allow the Peterson Gas Station to complete a small expansion aong with its reface and copy change, while at the same time preserving the City's ultimate goal to have the freeway interchange signs removed in the future. It is important to note that under this option the four existing freeway interchange signs that are less than 125 square feet per face (250 square feet for all sides) would be permitted to enlarge their signs in conjunction with a reface or copy change. Language allowing freeway signs the same maintenance and repair threshold as other non- conforming signs was added to the proposal to address another concern of the Petersons. This minor modification to existing regulations would require a Iimited amount of staif time and not create budget or legal impacts. Option 3. Extend the Grace Period The final option would be to add an extension of the grace period where refaces, copy changes and area increases would be permitted to the language proposed in Option 2 above. This would have the effect of aliowing investment in freeway interchange signs and transitions to new businesses for a longer time, making it less likely that the signs would be removed over the long term. The current grace period for freeway sign updates is due to expire in August of 2015. This could be extended another 5 years to 2020. This minor modification to existing regulations would be similar to Option 2 and require a limited amount of staff time and not create budget or legal impacts. FINANCIAL IMPACT No direct costs other than staff time. RECOMMENDATION Staff supports continuing the policy direction to phase out pole signs set by the Sign Code Advisory Committee and endorsed by the Planning Commission and City Council. The current grace period that allows property owners with existing freeway interchange signs to complete refaces and copy changes of their existing signs extends for another year. Businesses can also take advantage of motorist information signs installed and operated by the Washington State Department of Transportation. Staff suggests that the three options provided above be discussed by the full council. If the Council chooses Option 2 or 3 staff will prepare an ordinance for a public hearing at the July m � 14 (�C}VVmeeting vv�haneadieSt adoption date of July 31 . 36 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared 1?y Mayor's review, Council review 06/23/14 BG ITEM INFORMATION ITEM No. 4C (1) - 4C (2) Special 2B (1) - 2B (2) 37 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 06123/14 AGENDA ITEM TITLE East Marginal Way South Storm Interlocal Agreements with Valley Pipe Replacement View Sewer District & Water District 125 C,v,ria;()RN' E Dzircussion AltgDate 2 Motion Date 06/23/14 U Resolution 0 Ordinance AltgDate • Bid Award 0 Public Hearing AftgDate E Other Mg Date Mtg Mtg Date AItg Date SPONSOR Council LI Mayor HR El DCD E Finance E Fire IT 111 Pe7R Lil Police IA, PIF SPoNS()R'S The new alignment of the East Marginal Way S Storm Pipe Replacement Project will SUMMARY require that the existing utilities owned by Valley View Sewer District and King County Water District 125 relocate their utilities at their expense. Both Districts have requested that the work be constructed with the City's contract. Council is being asked to approve the two Interlocal Agreements for utility relocation work; Valley View Sewer District for $37,570 and Water District 125 for $57,117.11. REVIEWED BY 0 COW Mtg. CA&P Cmte El F&S Cmte 111 Transportation Cmte Cmte 111 Arts Comm. 11 Parks Comm. 11 Planning Comm. COMMITTEE CHAIR: KATE KRULLER II Utilities DATE: 06/16/14 RECOMMENDATIONS: SPoNsoR/ADmIN. CommuTEE Public Works Department Unanimous Approval; Forward to C.O.W. & Special Consent COST IMPACT/FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 412 SURFACE WATER (PAGES 85, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/23/14 MTG. DATE ATTACHMENTS 06/23/14 Informational Memorandum dated 06/13/14 ILA Valley View Sewer District ILA King County Water District 125 Minutes from the Utilities Committee meeting of 06/16/14 37 38 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director'fb By: Ryan Larson, Senior Program Manager DATE: June 13, 2014 SUBJECT: East Marginal Way S Storm Pipe Replacement Project No. 91241206 Interlocal Agreements with Valley View Sewer District & King County Water District 125 ISSUE Approve Interlocal Agreements (ILA) with Valley View Sewer District (Valley View) and King County Water District 125 (Water District 125). BACKGROUND The East Marginal Way S Storm Pipe Replacement Project will install a new 42" storm pipe within East Marginal Way S. The new alignment of this pipe will require that existing utilities owned by Valley View and Water District 125 be relocated at their expense. Both Valley View and Water District 125 have requested that the work be bid within the City's construction contract and then be constructed by the City's contractor with reimbursement to the City by the respective district. ANALYSIS Utilities located within City owned rights-of-way that conflict with scheduled roadway projects are required, by franchise agreement, to be relocated by the utility at their costs. This work can either be completed by a contractor hired by the utility district or combined with the City project with reimbursement to the City. Combining the projects has the advantage of reducing the overall project costs by eliminating coordination between multiple contractors, duplication of excavation and restoration work, and reducing construction related traffic impacts. City staff worked with both utility districts to include their plans within the City's bid documents under separate bid schedules. Construction bids were opened May 13, 2014 and James W. Fowler Co. was the low bidder. Both utility districts reviewed and accepted the bid amount for their work. City staff worked with staff from both utility districts to draft ILAs for reimbursement of the East Marginal Way S Storm Pipe Replacement work. FISCAL IMPACT Both ILAs are for reimbursement of City expenses. No fiscal impact will result from these agreements. RECOMMENDATION Council is being asked to approve an ILA with Valley View in the amount of $37,570.00 and an ILA with Water District 125 in the amount of $57,117.11 for utility relocation work required by the East Marginal Way S Pipe Replacement Project and consider this item at the June 23, 2014 Committee of the Whole and the Consent Agenda at the subsequent Special Meeting that same night due to the summer construction season. Attachments: ILA Valley View Sewer District ILA King County Water District 125 W:IPW EngIPROJECTSlA- DR ProjectstEMWS Emergency Storm Pipe Repair 11-19-12 (91241206)1DesignlInfo Memo ILA Valley View & Water District 125 6-13-14 FINAL.docx 39 40 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: AN INTERLOCAL AGREEMENT BETWEEN VALLEY VIEW SEWER DISTRICT AND THE CITY OF TUKWILA REGARDING UTILITY RELOCATION THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between the Valley View Sewer District, a Washington municipal corporation ("District"), and the City of Tukwila, a Washington municipal corporation ("City"), (individually a "Party" and collectively the "Parties"). WHEREAS, the City intends to construct storm drainage improvements within the right of way of East Marginal Way South as part of the City project titled "East Marginal Way Storm Pipe Replacement." WHEREAS, the District has a sewer force main located within the right of way of East Marginal Way South that conflicts with the planned alignment of the City project. WHEREAS, the City requires that the District relocate existing utilities at District cost when planned City roadway infrastructure conflicts with District infrastructure. WHEREAS, it is mutually beneficial to both Parties to have the utility relocation and project construction take place concurrently utilizing one contractor to reduce overall costs and traffic related impacts. WHEREAS, the Parties desire to have the City serve as the lead agency for the project to provide final design, advertisement, award, construction, inspection, and contract administration for the proj ect. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: 1. AUTHORITY This Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. 2. PURPOSE The Parties agree to engage in a joint project that will construct storm water drainage improvements and relocate utilities along East Marginal Way South as described generally in Exhibit A, attached hereto and made part hereof ("Project"). 454956.5 I 08953910001 41 3. DISTRICT RESPONSIBILITIES 3.1 The District shall provide the City engineered drawings, specifications, and any applicable construction standards for all work required by the District. The drawings shall show in detail the location, quantity, and size of each required component. 3.2 The District shall review the portion of the Project's final drawings and specifications for the District work and shall approve or reject those drawings and specifications within seven days of receipt. 3.3 The District shall provide the inspection services needed for overseeing the proper installation of the District's work. The District's inspector will coordinate with the City's inspector and the City inspector will give all direction to the Contractor. 3.4 The District will notify its customers of the Project, perform any sewer system shut downs necessary for the District work, and notify its customers of any scheduled sewer service interruptions related to the project. 3.5 The District shall pay any valid claims made by the Contractor relating to the District's work that are valid and proximately caused by the District, provided, the District at its sole expense shall have the right to defend any claims made by the Contractor relating to the District's work. Any such claims must comply with the definition and procedure regarding claims in the Project contract and must be verifiable or substantiated claims and be subject to binding arbitration. 3.6 The District shall pay any additional expenses incurred in installing the District's facilities due to any over excavation required or any other unforeseen conditions related to the District facility which reasonably require additional work and expense, including any additional trench width or depth attributable to errors in the District's design. Any changes to the District Work perceived as necessary by the Contractor and any required change orders must be approved in writing by the District in advance of such changes. 3.7 The District shall maintain continued coordination with the City regarding the performance of the District work. This coordination shall include but not be limited the following: a. The District will attend the Project pre-construction meeting. b. The City will provide the District a copy of the Contractor's proposed work schedule showing date, location, and extent of work to be performed. This schedule will be subject to change at any time. c. The District will attend weekly construction meetings that involve work for the District. 4. CITY RESPONSIBILITIES 4.1 The City shall be the lead agency for the Project with regard to design, construction, SEPA review, peimitting, inspection, contract administration, funding and all other matters pertinent to accomplishment of the Project. 4.2 With the assistance of KPG Inc. the City shall prepare, advertise, and award the contract bid documents, which shall contain four bidding schedules, two for the City improvements, one for the District's sewer relocation, and one for King County Water District No. 125's improvements. The basis for project award will 454956.5 08953910001 42 -2- be the total lowest responsible bid for the sum of all four bid schedules. Prior to advertisement, the City shall obtain the District's review and approval of the bid documents. The bid documents, and the advertisement of them, shall comply with City's bid statutes, ordinances and resolutions. 4.3 The City shall be responsible for providing all traffic control associated with the construction of the Project. 4.4 The City shall require the Contractor to install and perform the District's work in accordance with the Project's final plans, and the District's standards, specifications, and inspector's written direction. 4.5 The City will provide written notification to the District at least five (5) days prior to beginning construction on District facilities to allow for District scheduling of the on-site inspector. 4.6 The City will schedule and attend weekly construction meetings with the City's Contractor, District, and other franchise utilities involved in the Project. 4.7 The City shall request the Contractor constructing the Project to have the District, its elected and appointed officers, agents and employees (collectively, the "District" for the purposes of this provision) named as an insured on all policies of insurance to be maintained by the Contractor under the terms of the Project contract, including the Contractor's Commercial General Liability Insurance, Commercial Automobile Insurance, and Umbrella coverage. The District shall be responsible to pay any additional cost incurred by the Contractor to name the District as an additional insured. If the District is included as an additional insured on such insurance, the Contractor shall provide the City with endorsement(s) to such insurance necessary to confirm the District is an additional insured on such policies/coverage. Thc City shall provide the District with copies of such endorsement(s) upon receipt of same by the City. 5. COMPENSATION 5.1 The District shall pay the City $2,133.60 for design engineering costs plus actual contractor costs including tax for completed work, and/or services rendered under this Agreement according to the rate and method set forth on Exhibit B, attached hereto and incorporated herein by this reference. The total amount to be paid by the District to the City, including the design engineering costs referenced above, shall not exceed $37,570.00 unless approved in writing by the District. 5.2 The City shall invoice the District following completion of the work and acceptance by the District. Payments are due within 30 days of the District's receipt of an invoice from the City, except for any disputed amounts. 454956.5 089539 0001 43 5.3 Payment as 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. 6 INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 7 AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the City or the District at the requesting Party's sole expense during the term of this Agreement and three (3) years after expiration or teiinination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 8 JOINT BOARD/SEPARATE LEGAL ENTITY It is not intended that a separate legal entity be established to conduct this cooperative undertaking. The City shall act as administrator of this Agreement. 9 FINANCE AND BUDGET No special budget or funds are anticipated, nor shall any be created. The Parties are each responsible for their own finances in connection with this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. 10 PROPERTY ACQUISITION, HOLDING, AND DISPOSAL Following final payment by the District and final acceptance of the Project by the City, the sanitary sewer improvements listed under "SEWER FORCE MAIN REALIGNMENT ADDITIVE BID SCHEDULE C" as depicted on Exhibit A shall become the property of the District. Upon final acceptance of the Project, the City shall transfer and assign any rights it may have under the Project contract relating to the District work to the District, including any warranty and maintenance obligations by the 454956.5[089539 I 0001 44 -4- Contractor relating to the District work. The District's acceptance of the District work shall not constitute acceptance of any unauthorized or defective work or materials, nor a waiver of any manufacturer's, supplier's or contractor's warranties. The City shall also provide redline drawings of the District work to the District upon completion of the Project work, such redline drawings to be prepared at the District's expense. The District shall retain any rights, claims or demands the District may have against the Contractor relating to the District work under applicable statutes of limitation as a third party beneficiary under the City's contract with the Contractor. 11 DURATION; TERMINATION This Agreement shall be effective immediately after execution by both parties, and shall remain in full force and effect until final acceptance of the Project and resolution of all issues relating to the Project. 12 APPLICABLE LAW; VENUE; ATTORNEYS FEES This Agreement shall be subject to, and the Parties shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 13 SEVERABILITY AND SURVIVAL If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. ENTIRE AGREEMENT; MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and District and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 16. NOTICES Notices to the City of Tukwila shall be sent to the following address: Mike Ronda City of Tukwila 454956.5 1 089539 1 0001 -5- 45 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 433-7194 (Phone) mike.rondagtukwilawa.gov Notices to the District shall be sent to the following address: Dana Dick PO Box 69550 Seattle, WA 98168 (206) 242-3236 (Phone) dandgva1vue.com IN WITNESS WHEREOF, the Parties have executed this Agreement on the date last written below. VALLEY VIEW SEWER DISTRICT CITY OF TUKWILA By: By: Jim Haggerton, Mayor Print Name, Title: Print Name, Title: DATE DATE Approved as to Form: Approved as to Form: City Attorney DATE DATE Attest/Authenticated: Attest/Authenticated: City/County Clerk City Clerk, Christy O'Flaherty DATE DATE 454956.5 I 089539 I 0001 46 -6- City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY WATER DISTRICT NO. 125 AND THE CITY OF TUKWILA REGARDING UTILITY RELOCATION THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between King County Water District No. 125, a Washington municipal corporation ("District"), and the City of Tukwila, a Washington municipal corporation ("City"), (individually a "Party" and collectively the "Parties"). WHEREAS, the City intends to construct storm drainage improvements within the right of way of East Marginal Way South as part of the City project titled "East Marginal Way Storm Pipe Replacement." WHEREAS, the District has a water main located within the right of way of East Marginal Way South that conflicts with the planned alignment of the City project. WHEREAS, the City requires that the District relocate existing utilities at District cost when planned City roadway infrastructure conflicts with District infrastructure. WHEREAS, it is mutually beneficial to both Parties to have the utility relocation and project construction take place concurrently utilizing one contractor to reduce overall costs and traffic related impacts. WHEREAS, the Parties desire to have the City serve as the lead agency for the project to provide final design, advertisement, award, construction, inspection, and contract administration for the proj ect. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows: I. AUTHORITY This Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. 2. PURPOSE The Parties agree to engage in a joint project that will construct storm water drainage improvements and relocate utilities along East Marginal Way South as described generally in Exhibit A, attached hereto and made part hereof ("Project"). 454956.2 089539 1 0001 47 DISTRICT RESPONSIBILITIES 3.1 The District shall provide the City engineered drawings, specifications, and any applicable construction standards for all work required by the District. The drawings shall show in detail the location, quantity, and size of each required component. 3.2 The District shall review the portion of the Project's final drawings and specifications for the District work and shall approve or reject those drawings and specifications within seven days of receipt. 3.3 The District shall provide the inspection services needed for overseeing the proper installation of the District's work. The District's inspector will coordinate with the City's inspector and the City inspector will give all direction to the Contractor. 3.4 The District will notify its customers of the Project, perform any water system shut downs necessary for the District work, and notify its customers of any scheduled water service interruptions related to the project. 3.5 The District shall pay any valid claims made by the Contractor relating to the District's work that are valid and proximately caused by the District, provided, the District at its sole expense shall have the right to defend any claims made by the Contractor relating to the District's work. Any such claims must comply with the definition and procedure regarding claims in the Project contract and must be verifiable or substantiated claims and be subject to binding arbitration. 3.6 The District shall pay any additional expenses incurred in installing the District's facilities due to any over excavation required or any other unforeseen conditions related to the District facility which reasonably require additional work and expense, including any additional trench width or depth attributable to errors in the District's design. Any changes to the District Work perceived as necessary by the Contractor and any required change orders must be approved in writing by the District in advance of such changes. 3.7 The District shall maintain continued coordination with the City regarding the performance of the District work. This coordination shall include but not be limited the following: a. The District will attend the Project pre-construction meeting. b. The City will provide the District a copy of the Contractor's proposed work schedule showing date, location, and extent of work to be performed. This schedule will be subject to change at any time. c. The District will attend weekly construction meetings that involve work for the District. 4. CITY RESPONSIBILITIES 4.1 The City shall be the lead agency for the Project with regard to design, construction, SEPA review, permitting, inspection, contract administration, funding and all other matters pertinent to accomplishment of the Project. 4.2 With the assistance of KPG Inc. the City shall prepare, advertise, and award the contract bid documents, which shall contain four bidding schedules, two for the City improvements, one for Valley View Sewer District relocation, and one for the District's water main relocation. The basis for project award will be the total 454956.2 1 089539 1 0001 48 -2- lowest responsible bid for the sum of all four bid schedules. Prior to advertisement, the City shall obtain the District's review and approval of the bid documents. The bid documents, and the advertisement of them, shall comply with City's bid statutes, ordinances and resolutions. 4.3 The City shall be responsible for providing all traffic control associated with the construction of the Project. 4.4 The City shall require the Contractor to install and perform the District's work in accordance with the Project's final plans, and the District's standards, specifications, and inspector's written direction. 4.5 The City will provide written notification to the District at least five (5) days prior to beginning construction on District facilities to allow for District scheduling of the on-site inspector. 4.6 The City will schedule and attend weekly construction meetings with the City's Contractor, District, and other franchise utilities involved in the Project. 4.7 The City shall request the Contractor constructing the Project to have the District, its elected and appointed officers, agents and employees (collectively, the "District" for the purposes of this provision) named as an insured on all policies of insurance to be maintained by the Contractor under the terms of the Project contract, including the Contractor's Commercial General Liability Insurance, Commercial Automobile Insurance, and Umbrella coverage. The District shall be responsible to pay any additional cost incurred by the Contractor to name the District as an additional insured. If the District is included as an additional insured on such insurance, the Contractor shall provide the City with endorsement(s) to such insurance necessary to confirm the District is an additional insured on such policies/coverage. The City shall provide the District with copies of such endorsement(s) upon receipt of same by the City. 5. COMPENSATION 5.1 The District shall pay the City $3,010.97 for design engineering costs plus actual contractor costs including tax for completed work, and/or services rendered under this Agreement according to the rate and method set forth on Exhibit B, attached hereto and incorporated herein by this reference. The total amount to be paid by the District to the City, including the design engineering costs referenced above, shall not exceed $57,117.11 unless approved in writing by the District. 5.2 The City shall invoice the District following completion of the work and acceptance by the District. Payments are due within 30 days of the District's receipt of an invoice from the City, except for any disputed amounts. 5.3 Payment as 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. 454956.2 1 089539 1 0001 49 6. INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 7. AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the City or the District at the requesting Party's sole expense during the term of this Agreement and three (3) years after expiration or termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 8. JOINT BOARD/SEPARATE LEGAL ENTITY It is not intended that a separate legal entity be established to conduct this cooperative undertaking. The City shall act as administrator of this Agreement. 9. FINANCE AND BUDGET No special budget or funds are anticipated, nor shall any be created. The Parties are each responsible for their own finances in connection with this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. 10. PROPERTY ACQUISITION, HOLDING, AND DISPOSAL Following final payment by the District and final acceptance of the Project by the City, the water system improvements listed under "WATER PLAN & PROFILE ADDITIVE BID SCHEDULE D" as depicted on Exhibit A shall become the property of the District. Upon final acceptance of the Project, the City shall transfer and assign any rights it may have under the Project contract relating to the District work to the District, including any warranty and maintenance obligations by the Contractor relating to the District work. The District's acceptance of the District work shall not constitute acceptance of any unauthorized or defective work or materials, nor a waiver of any manufacturer's, supplier's or contractor's warranties. The City shall also provide redline drawings of the 454956/1 089539 1 0001 50 -4- District work to the District upon completion of the Project work, such redline drawings to be prepared at the District's expense. The District shall retain any rights, claims or demands the District may have against the Contractor relating to the District work under applicable statutes of limitation as a third party beneficiary under the City's contract with the Contractor. 11. DURATION; TERMINATION This Agreement shall be effective immediately after execution by both parties, and shall remain in full force and effect until final acceptance of the Project and resolution of all issues relating to the Project. 12. APPLICABLE LAW; VENUE; ATTORNEYS FEES This Agreement shall be subject to, and the Parties shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 13. SEVERABILITY AND SURVIVAL If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. ENTIRE AGREEMENT; MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and District and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 16. NOTICES Notices to the City of Tukwila shall be sent to the following address: Mike Ronda City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 433-7194 (Phone) 454956.2 1 089539 0001 -5- 51 mike.ronda@tukwilawa.gov Notices to the District shall be sent to the following address: Mark Parsons King County Water District No. 125 3460 S. 148th St #110 Tukwila, WA 98168 (206) 242-9547 (phone) markparsons@waterdistrict125.com IN WITNESS WHEREOF, the Parties have executed this Agreement on the date last written below, KING COUNTY WATER DISTRICT NO. 125 CITY OF TUKWILA fvl4-k Pa-4, By: By: Aukfo< P/c-'s s fziaeurri..)06-A/r- Jim Ha' an Ma a Print Name, Title: Print Name, Title: DATE Approved as to Form: orney - /74 DATE Attest/Authenticated: City/County Clerk DATE 454956.2 ' 089539 0001 -6- 52 DATE Approved as to Form: City Attorney DATE Attest/Authenticated: City Clerk, Christy O'Flahe DATE 4 UTILITIES COMMITTEE Meeting Minutes June 16, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Allan Ekberg, De'Sean Quinn (Absent: Kathy Hougardy) Staff: David Cline, Bob Giberson, Robin Tischmak, Ryan Larson, Frank Iriarte, Mike Cusick, Michael Rhonda, Pat Brodin, Grant Griffin, Gail Labanara, Laurel Humphrey CALL TO ORDER: The meeting was called to order at 5:21 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Interlocal Agreements: East Marginal Way South Storm Pipe Replacement Staff is seeking Council approval of two interlocal agreements (ILA) relating to the East Marginal Way South Storm Pipe Replacement Project, which will install a new 42" storm pipe within East Marginal Way South. The new alignment requires existing utilities owned by Valley View Sewer District and King County Water District 125 be relocated at their expense. Both agencies requested that the work be bid and constructed by the City's contract followed by reimbursement to the City by each district. Both utility districts reviewed and accepted the bid amount by James W. Fowler Co. for their portion of the work, and the following draft ILAs must be approved so that reimbursement to the City can occur: • ILA with Valley View Sewer District in the amount of $37,570.00 • ILA with Water District 125 in the amount of $57,117.11 UNANIMOUS APPROVAL. FORWARD TO JUNE 23, 2014 COMMITTEE OF THE WHOLE AND SPECIAL MEETING CONSENT AGENDA. B. Supplemental Agreement: East Marginal Way South Storm Pipe Replacement Staff is seeking Council approval of Supplemental Agreement No. 4 with KPG, Inc. in the amount of $299,902.10 for construction management services for the storm pipe installation on East Marginal Way South. The original agreement No. 13 -036 was for design of this project and construction was recently awarded to the James W. Fowler Company. KPG was selected for construction management support services due to its familiarity with the work zone, project challenges, and availability of personnel. This award is just under the budget of $300,000.00 and brings the total contract cost to $523,341.86. UNANIMOUS APPROVAL. FORWARD TO JUNE 23, 2014 COMMITTEE OF THE WHOLE AND SPECIAL MEETING CONSENT AGENDA. C. Bid Award: Thorndyke Safe Routes to School Staff is seeking Council approval to award a construction bid in the amount of $1,136,256.00 to Road Construction Northwest, Inc. for the Thorndyke Safe Routes to School Project. This project improves safety and mobility for schoolchildren by constructing several improvements to South 150th Street between Tukwila International Boulevard and 42nd Avenue South. Road Construction Northwest, Inc. was the lowest of three bidders and has performed successful work for the City in the past. The three bids were close, but all came in over the Engineer's estimate of $993,415.00. Additional funding to cover the revised project estimate is being proposed from funds available as 53 54 4}' tvc,q,o, COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review Canna" review 06/23/14 BG ['Resolution Alt; Date 0 Ordinance AN Date 11 Bid Award !T Date LI Public Hearing Aft_g Date 0 Other Mg Date SP( )NS( )R Councii • Mayor 11 HR • DCD fl Finance E Fire fl IT J 13 &it E Police PIV SPONSOR'S KPG, Inc. is currently the design consultant for the East Marginal Way South Storm Pipe SumNL\Ry Replacement Project with Contract No. 13-036. Engineering firms were evaluated for construction management services and KPG was chosen as the most qualified. The construction bid was awarded by Council on 6/2/14. Council is being asked to approve Supplemental Agreement No. 4 to Contract No. 13-036 with KPG, Inc. for construction management services in the amount of $299,902.10. REVIEWED BY E COW Mtg. [E] Utilities Cmte DATE: 06/16/14 0 CA&P Cmte El F&S Cmte 0 Transportation Cmte 0 Parks Comm. LIIJ Planning Comm. COMMITTEE CHAIR: KATE KRULLER 1 Arts Comm, RECOMMENDATIONS: SPONSOR/ADMIN. CommITTEE ITEM INFORMATION ITEM No. 4.0 (3) Spec 2.B (3) 55 STAFF SpoNsoR: BOB GIBERSON ORIGINAL AGENDA DATE: 06/23/14 AGENDA ITEM Tvni East Marginal Way South Storm Pipe Replacement Construction Management Supplement No. 4 with KPG, Inc. C, \ "I'l(;()RY L Discussi on AN Date IZ Motion Mtg Date 06/23/14 ['Resolution Alt; Date 0 Ordinance AN Date 11 Bid Award !T Date LI Public Hearing Aft_g Date 0 Other Mg Date SP( )NS( )R Councii • Mayor 11 HR • DCD fl Finance E Fire fl IT J 13 &it E Police PIV SPONSOR'S KPG, Inc. is currently the design consultant for the East Marginal Way South Storm Pipe SumNL\Ry Replacement Project with Contract No. 13-036. Engineering firms were evaluated for construction management services and KPG was chosen as the most qualified. The construction bid was awarded by Council on 6/2/14. Council is being asked to approve Supplemental Agreement No. 4 to Contract No. 13-036 with KPG, Inc. for construction management services in the amount of $299,902.10. REVIEWED BY E COW Mtg. [E] Utilities Cmte DATE: 06/16/14 0 CA&P Cmte El F&S Cmte 0 Transportation Cmte 0 Parks Comm. LIIJ Planning Comm. COMMITTEE CHAIR: KATE KRULLER 1 Arts Comm, RECOMMENDATIONS: SPONSOR/ADMIN. CommITTEE Public Works Department Unanimous Approval; Forward to C.O.W. & Special Consent COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $299,902.10 $300,000.00 $0.00 Fund Source: 412 SURFACE WATER (PAGES 85, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/23/14 MTG. DATE ATTACHMENTS 06/23/14 Informational Memorandum dated 06/13/14 Construction Management Selection Scoring Page 85, 2015 CIP Supplemental Agreement No. 4 to Contract 13-036 Minutes from the Utilities Committee meeting of 06/16/14 55 56 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Directo By: Michael Ronda, Construction Project Manager DATE: June 13, 2014 SUBJECT: East Marginal Way S Storm Pipe Replacement Project No. 91241206, Contract No. 13-036 Construction Management Support Services Supplemental Agreement No. 4 ISSUE Approve Supplemental Agreement No. 4 to Contract No. 13-036 with KPG, Inc. for Construction Management (CM) support services. BACKGROUND KPG's Consultant Agreement No. 13-036 was for design of the East Marginal Way S Storm Pipe Replacement Project. The project was recently awarded to James W. Fowler Co. and construction is anticipated to begin in July. ANALYSIS Following additional screening of potential CM consultants to provide construction support services, KPG was deemed to be the best fit for the ongoing construction effort for the East Marginal Way S Storm Pipe Replacement Project. KPG's familiarity with the work zone and project challenges, as well as specific personnel available for field inspections and management, should result in a successful project for the City. FISCAL IMPACT KPG Contract 13-036 Supplement No. 4 $299,902.10 CM Budget $300,000.00 With Supplement No. 4 at $299,902.10, the total cost for the consultant contract as supplemented will be $523,341.86. RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 4 with KPG, Inc. in the amount of $299,902.10 for CM services of the East Marginal Way S Pipe Replacement Project and consider this item at the June 23, 2014 Committee of the Whole and the Consent Agenda at the subsequent Special Meeting that same night due to the summer construction season. Attachments: CM Selection Scoring Page 85, 2014 CIP Supplemental Agreement No. 4 W: \ PW Eng \PROJECTS \A- DR Projects\EMWS Emergency Storm Pipe Repair 11-19-12 (91241206)\Consultant SelectiontInfo Memo - EMW Storm CECM Supplement #4 - KPG FINAL.docx 57 58 EMWS Emergency Pipe Repair - Qualification Review 1= To Choice, 2 = Second Choice, 3 = Third Choice, 4 = Fourth Choice Relevant Project Experience 4' 1 4' 4 i i 2 3 Experience with HPA/Creek Work 3 1 4 2 Small Scale Projects 2 3 4 1 Ability to keep project on schedule and within Budget 1 3 4 2 Project Team Availability of Key Team Members 1 3 4 2 Knowledge of City , Plan Process, Drainage System 1 3 4 2 TOTALS (Lowest Total Score is best) 9 17 22 12 Firm Rank (1 - 4, Lowest = Best) 1 3 4 2 W: \PW Eng \PROJECTS\A- DR Projects \EMWS Emergency Storm Pipe Repair 11 -19 -12 (91241206) \Consultant Selection \(005) - CM Consultant Selection \Proposal Rating - MER.xls 60 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: East Marginal Wy S Storm Pipe Replacement Project No 81341201 DESCRIPTION: Replace a failing 30''36'CMP storm pipe between G12UthFqS and S12OthSt. The existing storm pipe is failing in several sections and has reached the end of its serviceable life. JUSTIFICATION: The pipe has failed in several locations requiring spot repairs. Failure of the pipe will lead to localized flooding and property damage. New project for 2014 2O19C|P. Project design began in2O12oa part of the EMYVS Emergency Repair STATUS: 11-19-12 Project. Construction is anticipated to begin in 2014. K0A|NT.|K0PACT: Reduce future maintenance and emergency repairs of existing failing pipe. The storm pipe is a reach of Southgate Creek and will require both an HPA and construction within COMMENT: a fish window timeframe. Existing utilities within EMWS will also require relocation. FINANCIAL Through Estimated 2014 2015 2016 2017 2018 2019 BEYOND TOTAL EXPENSES Design 188 50 238 Land(R8yV) 0 ConaLMgmt. 300 300 Construction 62 2.000 2.062 TOTAL EXPENSES 62 188 2.350 0 0 0 0 0 0 2,600 FUND SOURCES Awarded Grant O Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 62 188 2.350 O O O O O 0 2.600 TOTAL SOURCES 62 188 2.350 0 0 0 0 0 0 2,600 Project Location 2014 - 2019 Capita Improvement Program 85 62 SUPPLEMENTAL AGREEMENT NO. 4 AGREEMENT NO. 13 -036 PROJECT No. 91241206 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way Storm Pipe Replacement — Construction Services This SUPPLEMENTAL AGREEMENT NO. 4 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 5th day of February, 2013. All provisions in the basic agreement remain in effect, except as expressly modified as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide construction services 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 made as provided on Exhibit B, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $299,902.10 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $523,341.86 without express written modification of the Agreement signed by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2014. APPROVED: APPROVED: CITY OF TUKWILA KPG, INC. Jim Haggerton Mayor Attested: Christy O'Flaherty, City Clerk Nelson Davis, P.E. Principal 63 64 EXHIBIT A City of Tukwila East Marginal Way S Storm Pipe Replacement Supplement No. 4 Construction Services Scope of Work June 5, 2014 This work will provide construction services for the construction contract to complete the City of Tukwila — East Marginal Way S, Storm Pipe Replacement Project. These services will include design support, project management, documentation control, inspection, materials testing, public involvement, and contract administration during the construction of the project, as detailed below. KPG ( "Consultant ") will provide to the City of Tukwila ( "City") construction engineering and management services for the project. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The proposed project team will include a part-time project manager, one part-time documentation control specialist, a part-time project engineer during construction activities, one full -time inspector during construction activities when unit price work is being performed, and sub - consultant to provide services for materials testing. It is anticipated that full -time site observation will be required for the entire project. • The level of service is based on a construction project duration of approximately 175 calendar days. • KPG estimates a total project duration of 224 calendar days (32 weeks) including preconstruction service, construction services, and project closeout. • It is anticipated that the KPG will develop the Record of Materials (ROM). This scope of services provides the management of the ROM and scheduling of required materials testing respectively. • It is anticipated that the City will review and execute the insurance, bonds, and the Construction Contract. • It is anticipated that all official Community Outreach will be completed by the City. City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 1 of 7 KPG Project Number 13156 5/29/2014 65 EXHIBIT A • The design engineers from KPG will be available during construction to answer questions during construction and review RAM's, shop drawings, and answer RFI's that require a level of engineering expertise outside of the capabilities of the CM team. • Services will be performed in accordance with the Contract plans & special provisions, and City of Tukwila engineering standards. II. SCOPE OF WORK The objective and purpose of this Construction Services Agreement is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for. TASK 1— MANAGEMENT /COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following dements. • Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. • Review monthly expenditures and CM team scope activities. Prepare and submit project progress letters to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices. The Consultant's project manager, resident engineer, inspector, and document control specialist will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre - construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, Federal, State, and local requirements and any other items that will result in better project understanding among the parties involved. Deliverables • Preconstruction conference agenda with meeting minutes City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work 66 Page 2 of 7 KPG Project Number 13156 5/29/2014 EXHIBIT A TASK 3 — CONSTRUCTION SERVICES - FIELD 3.1 On -site Observation: The Consultant shall provide the services of one full time inspector during construction activities and other tasks necessary to monitor the progress of the work. An additional part time inspector may be incorporated as dictated by the Contractor's approach to the Work. Construction staff shall oversee the following items of work, on the project site, and will observe the technical progress of the construction, including providing day -to -day contact with the Contractor and the City: o Preparation to include mobilization, clearing and grubbing, removal of structures o Grading, installation of drainage and storm sewer o Erosion Control and Planting o HMA paving o Driveways, curb, gutter and sidewalk o And all incidental items necessary to complete the Work as described in the Plans and /or Specifications. Field inspection staff will perform the following duties as a matter of their daily activities: i. Observe technical conduct of the construction, including providing day -to -day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1 -05.1 and 1 -05.2 of the Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non - conforming work observed during site visits. iii. Document all material delivered to the job site in accordance with the contract documents. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. v. Interpret Contract Documents in coordination with the City and KPG. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. viii. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. ix. Prepare field records and documents to help assure the Project is administered in accordance with the funding requirements. City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 3 of 7 KPG Project Number 13156 5/29/2014 67 EXHIBIT A x. Collect and calculate delivery tickets and salesman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10 -2). xi. Attend and actively participate in regular on -site weekly construction meetings. xii. Take periodic digital photographs during the course of construction, and record locations. xiii. Coordinate with the City's maintenance personnel. xiv. Coordinate with additional impacted utility personnel. xv. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. 3.2 Substantial Completion: Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. 3.3 Materials Testing: Coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and address deficiencies. Geotechnical construction observation, environmental and dewatering submittal reviews, and environmental sampling and testing services will be performed by GeoDesign under subcontract to the Consultant in accordance with Attachment 1 to this Exhibit A. Frequency of testing shall be determined by the resident engineer. Assumptions: • Consultant will provide observation services for the days /hours that the contractor's personnel are on -site. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non - conforming work, and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractors' performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City's expectations. Deliverables • Daily Construction Reports with project photos — submitted on a weekly basis • Punch List, Certificate of Substantial Completion • Review test reports for compliance City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work 68 Page 4 of 7 KPG Project Number 13156 5/29/2014 EXHIBIT A TASK 4.1— CONSTRUCTION SERVICES — OFFICE A. Document Control. Original documentation will be housed at the Consultant's office, and filed in accordance with standard filing protocol. A copy of working files will be maintained in the field office. Document Control consists of: • Final Estimate (Approving Authority File) • Comparison of Preliminary and Final Quantities (Approving Authority File) • Final Records (Approving Authority File) • Record of Material Samples and Tests • Affidavit of Wages Paid • Release for the Protection of Property Owners and General Contractor B. Project Coordination: Liaison with City, construction contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. Provide the City with key construction photos for use in information distribution. Provide updates to major stakeholders as needed. C. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and /or budget changes. D. Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. E. Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. F. Lump Sum Breakdown: Evaluate construction contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated with detailed data. G. Monthly Pay Requests: Prepare monthly requests for payment, review with the City, contractor and approve as permitted. Utilize City provided format for pay estimates, or Consultant format. H. Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and compare with field - observed progress, as described in Section 1 -08 of the Special Provisions. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for delays and impacts. Coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. I. Certified Payroll: Process and track all certified payroll per State Prevailing Wage Requirements. This includes verifying the initial payroll for compliance and 10% of all payrolls submitted thereafter. Tracking payroll each week. J. Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. City of Tukwila — East Marginal Way Storm Pipe Replacement Page 5 of 7 KPG Construction Services Project Number 13156 Scope of Work 5/29/2014 69 EXHIBIT A K. Subcontractor Documentation: Process / Approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG's subcontractor logs. L. Record Drawings: Review record drawings prepared by the Contractor, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant will provide the marked up plan sheets with both the contractors and inspectors as -built information. Revise CAD drawings to reflect as -built conditions based on Contractor /Inspector provided redlines. M. Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor, and recommend that City and /or Utilities accept the project. N. Project Closeout: Transfer all project documents to the City for permanent storage. • Schedule review comments • As -built schedule • Meeting agendas and notes • Monthly Pay Estimates • Subcontractor Packets • Cost Projection • Physical Completion Letter • Final Project Documents TASK 4.2 — SUBMITTAL /RFI PROCESSING A. Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the City for their review and approval. Submittals shall be logged and tracked. B. Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged and tracked. C. Record of Materials (ROM): Utilize ROM prepared by KPG and update based on Special Provisions and Plans for use on the project, based on the contract specifications. The ROM will be maintained by the Resident Engineer. The ROM will track all of the materials delivered to the site including manufacturer /supplier, approved RAM's, QPL items, material compliance documentation, and all other required documentation. Deliverables • Submittal log • RFI Log • Completed Record of Material for Material Certification City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work 70 Page 6 of 7 KPG Project Number 13156 5/29/2014 EXHIBIT A TASK 4.3 — CHANGE MANAGEMENT A. Case Log: Develop and maintain a case log which includes change orders, RFP's, Field Work Directives B. Change Orders: Develop change orders and provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. Each change order will be executed in accordance with WSDOT Standard Specifications and contain the following: • Change order • Independent Cost Estimate • Time Impact Analysis • Contractor's Pricing • Verbal Approval Memo • Back up documentation C. Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. D. Minor Change Orders: Develop minor change orders per WSDOT Standard Specifications. Each minor change order will be executed and contain the following: • Independent Cost Estimate • Verbal Approval Memo • Back up documentation E. Force Account: Track contractor force account labor, equipment and materials. All force account calculations will be verified by the engineer and double checked by the documentation specialist. Deliverables • Change Order(s) • Case Management Log • RFI Log • Minor Change Order(s) • Force Account Records City of Tukwila — East Marginal Way Storm Pipe Replacement Construction Services Scope of Work Page 7 of 7 KPG Project Number 13156 5/29/2014 71 72 EXHIBIT A ATTACHMENT 1 [If DESIGNz May 28, 2014 KPG, Inc. 753 9th Avenue North Seattle, WA 98109 Attention: Mr. Nelson Davis, P.E. INTRODUCTION Proposal Geotechnical Construction Observation Services and Environmental Sampling and Testing Services City of Tukwila On -Call Drainage East Marginal Way - Storm Drain Improvements Tukwila, Washington GeoDesign Project: KPG -16 -04 GeoDesign, Inc. is pleased to submit this proposal to provide construction observation services and environmental sampling and testing services for the improvements to the storm drain on East Marginal Way as part of the City of Tukwila's On -Call Drainage Improvements Project. The project area is located along East Marginal Way between South 120`h Place and South 126" Street in Tukwila, Washington. We understand the proposed improvements include replacing the existing 30- to 36 -inch- diameter storm drainpipe with a 42- inch - diameter pipe. Excavation depths necessary to replace the existing sewer are expected to vary up to approximately 14 feet deep at manhole locations and approximately 10 to 12 feet deep along the pipeline. Deep trench shielding or shoring along with dewatering will be required to reach the necessary depths. Earthwork construction activities that will require geotechnical observation services include the following: • Excavation observation • Trench shielding /shoring • Groundwater dewatering • Structural fill placement and compaction • Over - excavation and replacement of unsuitable soil • Subgrade preparation for roadways 2502 Jefferson Avenue I Tacoma, WA 98402 1 253.203.0095 www.geodesigninc.com 73 74 EXHIBIT A ATTACHMENT Environmental services will also be necessary to address excavation through petroleum - impacted soils and groundwater and disposal /discharge of impacted materials. In addition, cement kiln dust material may also be encountered at the southern end of the project area. SCOPE OF SERVICES The purpose of our construction observation will be to confirm that subsurface conditions are consistent with the site explorations, geotechnical recommendations, and the intent of the project plans and specifications. We anticipate that our services will vary throughout the project from full- to part-time intermittent basis during underground utilities construction. Our specific scope of services will include the following: • Attend a pre- construction meeting with the general contractor and design team. • Review contractor submittals with geotechnical and dewatering elements • Perform laboratory testing on proposed fill materials to confirm compliance with the specifications. • Observe installation of dewatering system components, discharge volumes, and water quality with regards to turbidity and suspended solids. • Collect samples of dewatering discharge for analytical testing that includes petroleum hydrocarbons, volatile organic compounds, and semi - volatile organic compounds to confirm compliance with permitted discharge criteria. • Observe excavation of utility trench and subsurface conditions encountered on an intermittent basis. • Collect samples of spoils to characterize and screen for the presence of environmental contaminants. Analytical tests similar to those identified for groundwater will be completed, as necessary, and may include RCRA metals analysis in areas where cement kiln dust is suspected. • Observe installation of utilities on an intermittent basis. • Observe placement and compaction of structural fill. A nuclear density gauge will be used, where applicable, to verify that the compaction meets the project specifications. • Observe placement and compaction of roadway subgrade, base course materials, and asphalt pavement. • Provide consultation on an "as- needed" basis during construction to address geotechnical and environmental issues. • Provide daily field reports documenting the results of the observed geotechnical construction activities, recommendations, and nuclear density tests. These reports will be submitted to KPG for distribution to the project team. • Provide results of analytical testing • Submit a final letter of compliance regarding geotechnical- related activities. SCHEDULE The project schedule indicates that construction should start in July 2014 and has a 175 -day construction duration. We are prepared to provide construction observation services upon your authorization throughout the duration of the project. GEO DESIGN? 2 KPG -16- 04:052814 EXHIBIT A ATTACHMENT 1 FEE We believe that our construction observation services bring exceptional value to the project through our continued involvement, our proactive observation services, and relationship with the design team. We have prepared a cost estimate for the geotechnical construction observation services to be provided during the entirety of the project. We anticipate that earthwork will be frequent during this time period and will require observation services varying from part- to full -time. We estimate approximately 40 site visits will be required, with 10 visits requiring full -time observation and approximately 30 site visits with part-time observation. Additional time will be required for project management; geotechnical /environmental consultation and meetings; and to address earthwork issues, review field reports, and communicate with the project team to evaluate special site conditions. Based on our assumptions and anticipated level of effort, we propose a budget of $38,240 for our geotechnical construction observation services. We recommend providing an allowance of $14,900 for environmental analytical testing services for a total construction geotechnical and environmental services budget of $53,140. A breakdown of the proposed budgets is provided below and a detailed summary is attached. Our services will be provided in accordance with the Schedule of Charges and General Conditions attached to and part of this proposal. Activity Expenditures GeoDesign Geotechnical and Environmental Services Submittal Review Kick -Off Meeting $3,800 Geotechnical and Environmental Consultation 7,110 Construction Observation (30 part-time site visits and 10 full -time site visits) 27.330 Total $ 38,240 Environmental Sampling and Testing - ALLOWANCE Dewatering Discharge Test Suite (4 tests) $5,960 Excavation Spoils Test Suite (6 tests) 8,940 Total $14,900 The fee for additional work that may be required will be discussed with you and will not be undertaken without your prior approval. Services beyond the scope outlined above will be provided on a time - and - expense basis in accordance with the attached Schedule of Charges. GEO ♦♦♦ DESIGN? 3 KPG -16- 04:052814 75 76 EXHIBIT A ATTACHMENT 1 We appreciate the opportunity to submit this proposal. Please call if you have questions regarding this submittal. Formal authorization for our services can be provided by returning one signed copy of this proposal Sincerely, GeoDesign, Inc. Kevin J. Lan S, P.E. Principal Engineer cc: Mr. Nate Monroe, KPG, Inc. (via email only) TAP: KJL: kt Attachments One copy submitted (via email only) Document ID: KPG- 16 -04- 052814- geoenvp.docx © 2014 GeoDesign, Inc. All rights reserved. The scope of services and terms described herein are accepted, and GeoDesign, Inc. is authorized to proceed. by Organization Signature* Date Name Printed Title "Individual with contracting authority and responsible for payment of GeoDesign, Inc.'s fees. GEO DESIGN? 4 KPG -16- 04:052814 EXHIBIT A ATTACHMENT 1 GeoDesign, Inc. FEE SUMMARY Project: East Marginal Way Stormwater Improvements Job No, KPG-16-04 Standard Schedule (SS) or Direct Salary Cost (DSC) SS Labor Rate 2014 Standard Schedule GeoDesign OH Rate, if DSC calculation is used Enter Labor Division: If Labor is DSC is the Fixed Fee = FF x (DSC+OH) ? NO Allowable Handling Charge 12.00% Date 5/28/2014 Fixed Fee Include Laboratory Cost as Labor Hours NO If answered "YES" Enter Labor Division: Analytical Laboratory Allowance Senior Lab Tech 25% Cost Lab Technician I 75% GEODESIGN LABOR - Summary from Geodesign Hours Worksheet 1 2 3, 4 5 6 7, 8 9. 10 11, 12. 13, 14, 15 16 PROJECT PHASES OR TASKS SUBTOTAL. -Labor OVERHEAD (OH) COST (Including Salary Addttives) FIXED FEE (FF): 92,728 $2,728 $24,880 97,104 329.0 624,880 $7,104 ' 634,712 SUBTOTAL LABOR EQUIPMENT SUBTOTAL EQUIPMENT 92,450 ' , , ' ' „ , 52,450.00 Submittal Review Construction Observation Project Consultation Analytical Laboratory Allow once Unit Rate $34,712 Extended VEHICLE GeoDesign Submittal Review Construction Observation Project Consultation Analytical Laboratory Allowance Total Hours Labor Rate Cost CLASStFjCATION Principal 1000 10.0 30,0 Mile 40.0 5193.00 67,720 Senior Associate 20 Hat Day 94000 6176.130 INSITU TEST - Nuclear Density Gauge - DAY Associate 5 Day 65000 5166.00 Senior Project Manager 16.0 16,0 6151,00 62.416 Project Engineer/Geologist II 9142.00 Project Engineer/Geologist I 6133,00 Engineering/Geological Staff III 6.0 60 9115.00 9690 Engineering/Geological Staff II 5105.00 Engineering/Geobgical Staff I 240.0 240.0 591.00 121,840 Senior Technician (lab) 588,00 CAD 588.00 Techrician II 582.00 Technician (lab) 571.00 Senior Project Assistant 2.0 4.0 6.0 584.00 5504 Project Assistant 1.0 leo 2.0 13.0 578,00 91,014 Sport Staff 1,0 5.0 2.0 8.0 666.00 6528 SUBTOTAL. -Labor OVERHEAD (OH) COST (Including Salary Addttives) FIXED FEE (FF): 92,728 $2,728 $24,880 97,104 329.0 624,880 $7,104 ' 634,712 SUBTOTAL LABOR EQUIPMENT SUBTOTAL EQUIPMENT 92,450 ' , , ' ' „ , 52,450.00 Submittal Review Construction Observation Project Consultation Analytical Laboratory Allow once Unit Rate $34,712 Extended VEHICLE GeoDesign 3 40 55,320 Day 520,00 9800 VEHICLE - Mileage 3 1000 67,980 Mile 50E0 5500 INSITU TEST - Nuclear Density Gauge - HALF DAY 20 Hat Day 94000 6800 INSITU TEST - Nuclear Density Gauge - DAY 5 Day 65000 9250 REIMBURSABLES: Submittal Review Construction Observation Project Consultation Analytical Laboratory Allowance Untt Rate Extended SUBTOTAL REIDABURSABL.ES LABORATORY TESTING: Submittal Review Construction Project Observation Consultatkin Analytical Laboratory Unit Rate Extended Compaction (ASTM D1557) - 3 poi-us 3 55,320 ea 5231 $693 Particle Size Analysis ASTM C136 3 67,980 Ca 5126 6378 GeoDeslgn Charges SubTotal 53,789 527330 97004 588,233 SUBCONTRACTORS Include tax when appllcable Submittal Construction Project Review Observation Consultation Analytical Laboratory SUBTOTAL HC Extended Dewatering Discharge - Analytical Laboratory (4-tests). 55,320 55,320 5638 65,958 Excavation Spoils - Analytical Laboratory (6-tests) 67,980 97,980 6958 68,938 Submittal Construction Project Review Observation Consultation 514,896 513,300 51,596 $14,896,00 Analytical Laboratory Allowance ACTUAL SUBTOTAL BY PHASE mci HC 53,799 S27,330 57,104 514,896 553,129.00 TOTAL - ESTIMATED FEE $53,129.00 RiRDESIGN 77 78 EXHIBIT A ATTACHMENT 1 GEOTECHNICAL SCHEDULE OF CHARGES COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a fixed fee amount is so indicated in the proposal or services agreement. Contracted professional and technical services will be charged at the applicable hourly rates as listed below. Staff time spent in depositions, trial preparation, and court or hearing testimony will be billed at one and one -half times the below rates. Time spent in either local or inter -city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule; when traveling by public carrier, a maximum charge of eight hours per day will be made. Current rates are as follows: Personnel Hourly Rate Support Staff $ 66 Project Assistant $ 78 Senior Project Assistant $ 84 Technician I $ 71 Technician 11 $ 82 Senior Technician $ 88 CAD $ 88 Staff I $ 91 Staff II $ 105 Staff I I I 5 115 Project Manager I $ 133 Project Manager 11 5 142 Senior Project Manager $ 151 Associate $ 166 Senior Associate $ 176 Principal $ 193 Equipment Rate Air compressor, generator (per day) $ 42 Cement scale and pan (per day) 5 25 Core drill (per day) $ 200 Cross -hole sonic logger (CSL) (half day, maximum $450 /day) $ 225 Digital camera (per day) $ 10 Drilled shaft inspection camera (DSIC) (half day, maximum $900 /day) $ 450 Field California bearing ratio (CBR) equipment (per day) $ 220 Falling weight deflectometer (FWD) (per day) $ 1,700 Falling weight deflectometer (FWD) with GPR (per day) 5 2,900 Global positioning system (GPS) - differential (per day) $ 75 Global positioning system (GPS) - hand -held (per day) $ 25 Ground penetrating radar (GPR) - hand - pushed (per day) $ 400 Ground penetrating radar (GPR) - truck - mounted (per day) $ 1,200 Hand auger (per day) $ 35 Hydroacoustic Monitoring Equipment (per day) $ 250 Miscellaneous field equipment (per item, per day) $ 10 Nuclear density gauge equipment (per hour) $ 10 Pile Driving Analyzer (PDA) (half day, maximum $500 /day) $ 250 Pile Integrity Tester (per day) $ 200 Satellite Phone (per day) $ 20 Slope inclinometer equipment (per casing) $ 75 Soil samples in brass or stainless sleeves (per sample) $ 10 Soil samples in rings (per sample) $ 10 Specialty software (MODFLOW, PLAXIS, etc., per hour) $ 15 Total Station - Survey Equipment (Precision Geomorphic Surveys) (per hour, maximum $400 /day) $ 50 Vehicle (company) usage (half day, plus $0.60 per mile charge) 5 10 Vehicle (company) usage (full day, plus $0.60 per mile charge) $ 20 Vehicle (personal) usage (per mile) $ 0.60 Vibration monitoring equipment (per day, maximum $250 /week, maximum $750 /month) $ 50 Reproduction Black/White Color 8 Y2 x 11 (per finished page) $ 0.12 $ 1.15 11 x 17 (per finished page) $ 0.30 $ 1.50 C- or D -size plots (black /white and color - per finished plot) $ 25 D -size scan $ 12 OTHER SERVICES, SUPPLIES, AND SPECIAL TAXES Outside services (equipment, supplies, and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations) are charged at cost plus 12 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Specialized equipment will be quoted on a per job basis. In -house disposable field supplies (routinely used field supplies stocked in -house by GeoDesign) at current rates. List available upon request. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. All rates are subject to change upon notification. GEO DESIGN= 12/09/13 EXHIBIT A ATTACHMENT 1 LABORATORY SCHEDULE OF CHARGES TYPE OF TEST Atterberg Limits (ASTM D 4318 -05) UNIT PRICE $ 163 CBR with 3 -Point Proctor (ASTM D 1883 -07) $ 620 Compaction (ASTM D 1557 -07 /ASTM D 698 -07; Methods A, B, and C) 1 point 4 points $ 95 $ 231 Consolidation (ASTM D 2435 -04) (with 2 timed rebounds) $ 420 Direct Shear (ASTM D 3080 -04) Per point 3 points $ 231 $ 441 Moisture Content -Oven Method (ASTM D 2216 -05) $ 25 Moisture /Density Rings $ 37 Shelby tubes $ 37 Organic Content (ASTM D 2974) $ 84 Particle Size Analysis Sieve (ASTM C 117-04/ASTM C 136 -06) (includes -200 Wash, Dry Sieve) Percent passing No. 200 (ASTM C 117 -04 /ASTM D 1140-00) Combined sieve and hydrometer (ASTM D 422 -63) Permeability Falling head in rigid wall permeameter (Army Corps Eng. EM 1110 -2 -1906, VII -13) In triaxial cell with back pressure saturation (ASTM D 5084 -03) pH of Soil (ASTM G 51) Resilient Modulus (AASHTO T 307 -99) In situ sample Remolded sample (includes compaction and sample preparation) Rice Density (ASTM D 2041) $ 126 $ 79 $ 210 $ 368 $ 420 $ 84 $ 600 $ 900 $ 126 Soil Resistivity $ 194 Specific Gravity Parafilm coated core $ 47 Rice $ 95 Gravity-core specific gravity $ 16 Gravel specific gravity $ 75 Sand specific gravity $ 100 Soil $ 105 Triaxial Compression Unconsolidated, undrained (back pressure saturation) (ASTM D 2850 -03) Consolidated, undrained, 1 point (ASTM D 4767 -06) Consolidated, undrained, strength envelope (ASTM D 4767 -06) Unconfined Compression Unconfined compression of undisturbed soil samples (ASTM D 2166 -06) Unconfined compression of cement - treated soils (ASTM D 1633 -00) Sample preparation and other tests charged at hourly rates. $ 320 $ 420 $ 1260 $ 121 $ 82 GeoDesign, Inc. reserves the right to subcontract any laboratory testing listed in our scope of work and to apply charges for subcontracted testing at the rates listed above. GEO DESIGN= 8/10/12 79 80 EXHIBIT A ATTACHMENT 1 ENVIRONMENTAL SCHEDULE OF CHARGES COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a fixed fee amount is so indicated in the proposal or services agreement. Contracted professional and technical services will be charged at the applicable hourly rates as listed below. Staff time spent in depositions, trial preparation, and court or hearing testimony will be billed at one and one -half times the below rates. Time spent in either local or inter -city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule; when traveling by public carrier, a maximum charge of eight hours per day will be made. Current rates are as follows: Personnel Hourly Rate Support Staff $ 66 Project Assistant 5 78 Senior Project Assistant $ 84 Technician I $ 71 Technician II 5 82 Senior Technician $ 88 CAD 5 88 Staff I $ 91 Staff II $ 105 Staff III 5 115 Project Manager I $ 133 Project Manager II $ 142 Senior Project Manager $ 151 Associate 5 166 Senior Associate $ 176 Principal $ 193 Equipment Rate Air compressor, generator (per day) 5 50 Bladder pump (per day) (includes generator) $ 104 Digital camera (per day) $ 10 Disposable bailers (per item) 5 14 Disposable field filter (per item) $ 20 Dissolved oxygen meter (per day) $ 31 Electric sampling pump (per day) $ 26 Gas extraction monitor (per day) $ 1 75 Gas vapor probe kit (per half day) 5 200 Global positioning system (GPS) - differential (per day) $ 75 Global positioning system (GPS) - hand -held (per day) $ 25 Hand auger (per day) $ 35 Infrared Camera (Flir b40) (per day) $ 250 Interface meter (per day) $ 52 Low -flow sampling kit (per day) 5 210 Moisture Meter (Delmhorst BD -2100) (per day) $ 25 Oxidation reduction potential (ORP) meter (per day) $ 42 Peristaltic pump (per day) $ 62 pH /conductivity/temperature meter (per day) $ 42 Photoionization detector (PID) (per day) 5 110 Sampling kit (gloves, goggles, tools, etc.) (per day) $ 20 Sample tubing (polyethylene, per foot) $ 0.50 Sample tubing (Teflon /silicon, per foot) $ 2 Satellite Phone (per day) $ 20 Soil vapor probe with slide hammer and enclosure $ 100 Specialty software (MODFLOW, per hour) $ 15 Total Station - Survey Equipment (Precision Geomorphic Surveys) (per hour, maximum $400 /day) $ 50 Vehicle (company) usage (full day, plus 50.60 per mile charge) $ 20 Vehicle (personal) usage (per mile) $ 0.60 Van Veen sediment sampler (per day) $ 100 Water level meter (per day) $ 42 YSI probe (per day) $ 100 Reproduction Black/White Color 8 Y. x 1 1 (per finished page) $ 0.12 5 1.15 11 x 17 (per finished page) $ 0.30 $ 1.50 C- or D -size plots (black /white and color - per finished plot) $ 25 D -size scan $ 12 OTHER SERVICES, SUPPLIES, AND SPECIAL TAXES Outside services (equipment, supplies, and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations) are charged at cost plus 12 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance, which may be required. Specialized equipment will be quoted on a per job basis. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. All rates are subject to change upon notification. GEO DESIGN= 12/09/13 Project Name: Consultant: COST PLUS FIXED FEE Exhibit B Consultant Fee Determination City of Tukwila East Marginal Way Storm Pipe Replacement Supplement No 4 - Construction Services KPG Classification Project Manager Senior Engineer Project Engineer Design Engineer CAD Technician Construction Inspector Survey Crew Document Specialist Office Admin Total Direct Salary Cost (DSC) Overhead (145.78% x DSC) Fixed Fee (30% x DSC) Hours 61 $ 25 $ 488 $ 75 $ 37 $ 1,056 $ 0 $ 140 $ 432 $ 2,314 Rate 65.00 52.06 44.90 36.06 31.25 37.00 50.75 40.87 26.92 Cost 3,965 1,302 21,911 2,705 1,156 39,072 5,722 11.629 $87,462 $127,501.79 $26,238.53 Subtotal: $241,202.10 REIMBURSABLES Construction Vehicles (4 months @ $750) Miscellaneous - Mileage, Repro, Field Supplies $3,000 $2,700 Subtotal: $5,700 SUBCONSULTANT COSTS Material Testing Allowance $53,000 Subtotal: $53,000 TOTAL $ 299,902.10 81 82 City of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes June 16 , 2014 – 5:15 p.m. – Foster Conference Room , 6300 Building PRESENT Coun cilmembers: Kat e Kruller, Chair; Allan Ekberg, De’Sean Quinn (Absent: Kathy Hougardy) Staff: David Cline, Bob Giberson, R obin Tischmak, R yan Larson, Frank Iriarte, Mike Cusick , Michael Rhonda, Pat Brodin, Grant Griffin, Gail Labanara, Laurel Humphrey CALL TO ORDER: The meeting was called to order at 5: 21 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Interlocal Agreements: East Marginal Way South Storm Pipe Replacement Staff is seeking Council approval of two interlocal agreements (ILA) relating to the East Marginal Way South Storm Pipe Replacement Project, which will in stall a new 42” storm pipe within East Marginal Way South. The new alignment requires existing utilities owned by Valley View Sewer District and King County Water District 125 be relocated at their expense. Both agencies requested that the work be bid and constructed by the City’s contract followed by reimbursement to the City by each district. Both utility districts reviewed and accepted the bid amount by James W. Fowler Co. for their portion of the work, and the following draft ILAs must be approved so that reimbursement to the City can occur: ILA with Valley View Sewer District in the amount of $37,570.00 ILA with Water District 125 in the amount of $57,117.11 UNANIMOUS APPROVAL. FORWARD TO JUNE 23 , 2014 COMMITTEE OF THE WHOLE AND SPECIAL MEETING CONSENT AGEND A. B. Supplemental Agreement: East Marginal Way South Storm Pipe Replacement Staff is seeking Council approval of Supplemental Agreement No. 4 with KPG, Inc. in the amount of $299,902.10 for construction management services for the storm pipe installation on East Marginal Way South. The original agreement No. 13 - 036 was for design of this project and construction was recently awarded to the James W. Fowler Company. KPG was selected for construction management support services due to its familiarity with the work zone, project challenges, and availability of personnel. This award is just under the budget of $300,000.00 and UNANIMOUS APPROVAL. FORWARD TO JUNE brings the total contract cost to $523,341.86. 23, 2014 COMMITTEE OF THE WHOLE AND SPECIAL MEETING CONSENT AGEND A. C. Bid Award: Thorndyke Safe Routes to School Staff is seeking Council approval to award a construction bid in the amount of $1,136,256.00 to Road Construction Northwest, Inc. for the Thorndyke Safe Routes to School Project. This project improves safety and mobility for schoolchildren by constructing several improvements to South th nd 150 Street between Tukwila International Boulevard and 42 Avenue South. Road Construction Nor thwest, Inc. was the lowest of three bidders and has performed successful work for the City in the past. The three bids were clos e, but all came in over the Engineer’s estimate of $993,415.00. Additional funding to cover the revised project estimate is being proposed from funds available as 84 COUNCIL AGENDA SYNOPSIS Meeting Date 06/23/14 Prepared by Mayor's reriea Council review ITEM INFORMATION ITEM No. 4.D. Spec 2.C. CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 06/23/14 AGENDA ITEM TIME Thorndyke Safe Routes to School Bid Award to Road Construction Northwest, Inc r Discussion AltgDate E Motion AltgDate r Resolution AltgDate Ordinance AN Date rI Bid Aivard 06/23/14 n Public Hearin Mtg Date E Other Mtg Date Mg Date SPONSOR E Council Mayor LI I-- R • DCD El Finance Fire IT 0 P&R Police V4 Pr SPONSOR'S The Thorndyke Safe Routes to School Project was advertised for bids on May 8 and 15, SUMMARY 2014. Three bids were opened May 29, 2014 with the low bid of $1,136,256.00 from Road Construction Northwest, Inc. Road Construction NW is currently completing the TUC Transit Center. This residential street improvement project will improve South 150th Street between Tukwila Int'I Blvd and 42' Ave S. Council is being asked to award the bid to Road Construction Northwest, Inc. in the amount of $1,136,256.00. REVIEWED BY E COW Mtg. CA&P Cmte E F&S Crnte E Transportation Crnte Cmte Arts Comm. 0 Parks Comm. E Planning Comm. COMMITTEE CHAIR: KATE KRULLER K Utilities DATE: 06/16/14 RECOMMENDATIONS: sPoNsoR/ADmIN. CommrrTEE Public Works Unanimous Approval; Forward to C.O.W. & Special Consent COST IMPACT / FUND SOURCE EXPENDITURI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,136,256.00 $1,487,000.00 $0.00 Fund Source: 103 RESIDENTIAL, 104 ARTERIAL STREETS & 412 SURFACE WATER (PAGES 4, 15 & 82, 2014 CIP) Comments.. Additional funding from Annual Overlay, Interurban Ave 5 balance, & Annual Small Drainage MTG. DATE RECORD OF COUNCIL ACTION 06/23/14 MTG. DATE ATTACHMENTS 06/23/14 Informational Memorandum dated 06/13/14 Vicinity Map Pages 4, 15, & 82, 2014 CIP Consultant Recommendation Letter Bid Tabulation Minutes from the Utilities Committee meeting of 06/16/14 85 86 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committe FROM: Bob Giberson, Public Works Director BY: Grant Griffin, Senior Program Manager DATE: June 13.3U14 SUBJECT: Thorndyke Safe Routes to School Project No. 91210302 Bid Award ISSUE Award the bid for construction of the Thorndyke Elementary Safe Routes to School Project. BACKGROUND The City has a strong desire to improve residential streets and was awarded Federal Safe Routes to School (SRTS) Pmgramgnantfundsinthnamountof$457.0O0.001oimpmweG15O1hGtrGotbehweenTukwUa|ntema1iOna|B|vdand42nd Ave 5 as a waiking route to Thorndyke Elementary School. The project *i||indudoaddinganidowa|knnonDSidoofS l5Oth Street, curb, gutter, drainage, crossing improvements, illumination, educational material, maps, and enforcement. This p 'ectwiUa|ooimpmvonafetyandmobi|ih/fornhi|drenbyenaU|ingandencouroging1hemtnwa|kandbicyc|eto school. ANALYSIS A call for bids was advertised on May 8 and May 15, 2014 and three bids were opened on May 29, 2014. The lowest bidder was Road Construction Northwest, |nu.. with o bid Of$1'138.250.00. The engineer's estimate was $993.415.UO.No errors were found on the bid tabulations. Road Construction Northwest, Inc. has successfully worked for the City in the past and is currently constructing the Tukwila Urban Center Transit Center and Andover Park West improvements. BUDGET AND BID SUMMARY As the construction bid and Construction Management estimate is higher than budgeted, additional funding is being proposed. This p joctinc|udootheonnmtmotionnfdnsinagnfaci|ideswhh$27O.00ObudgehadhnmthoAnnua|Sma|| Drainage Program Fund and $100,000 from the Annual Overlay and Repair Program. With the favorable bids in other projects, $300,000 is now available from the 2014 Annual Overlay and Repair Project and the Interurban Ave S improvements had a balance of $295,000. All three bids were fairly close and as this is an important residential street project with partial grant funding, staff recommends awarding the bid to Road Construction Northwest, Inc. Bid Results Estimate 2014 Budget Bid Amount $1,136.256.00 $993.415D0 $567.000.00 Contingency (10%) 113.625.00 0.00 Construction Mgmt Estimate 200.000.00 55.00.00 Annual Overlay Program 300.000.00 Interurban Ave S Budget Balance 285.000.00 Annual SmaU Drainage 270.000.00 Total $1449881.80 $983.415.00 $1.487.000.00 RECOMMENDATION Council is being asked to award the construction bid for the Thorndyke Safe Routes to School P ject to Road Construction Northwest, Inc. in the amount of $1,136,256.00 and consider this item at the June 23, 2014 Committee of the Whole and the Consent Agenda at the subsequent Special Meeting that same night due to the summer construction season. Attachments: Vicinity Map 2014 CIP Page 4, 15, and 82 Consultant Recommendation Bid Tabulation W:IPWmmPRoJECTS wRW^RS Projects\Safe Routes 10 School -m°ndyke (91ommIIPETh°ndyke Info Memo Bid Award sb.doc 88 S137t S S 144th St c > N �[ S 148th St S 150th St Not to Scale S 159th S OII�NNu. Vicinity Map S 156th St all II IkM UFpI 'innO MU II S 160th St 164th St rmmr � Q�raniaN.IIOIII�NA Thorndyke Elementary School Safe Routes to School Date: February 21, 2819 90 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Thorndyke Safe Routes to School Project No. 91210302 Construction of roadway improvements and new sidewalk on the north side of S 150th St between Tukwila DESCRIPTION: International Blvd and 42nd Ave S. Also a new crosswalk on S 150th St in front of Thorndyke Elementary. Enhance safety for students walking and biking to Thorndyke Elementary and encourages alternate JUSTIFICATION: transportation choices. STATUS: This route is one of the high priority missing sidewalk areas prioritized as part of Walk and Roll Plan, MAINT. IMPACT: Negligible. WSDOT Safe Routes to School Federal grant for $457K. Surface water on S 150th St is also programmed COMMENT: for $270k (see SDP on page 82) and $100k from Overlay & Repair for a total project cost of $1.082m. Education, enforcement, and encouragement are included as part of the Safe Routes to School grant requirements. FINANCIAL Through Estimated in $000's) 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL EXPENSES Design 48 28 14 90 Land (R/VV) 0 Const . Mgmt. 55 55 Construction 567 567 TOTAL EXPENSES 0 48 650 14 0 0 0 0 0 712 FUND SOURCES Awarded Grant 48 395 14 457 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 0 0 255 0 0 0 0 0 0 255 TOTAL SOURCES 0 48 650 14 0 0 0 0 0 712 2014 - 2019 Capital Improvement Program 4 91 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Annual Overlay and Repair Program Project No. 91310401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets, JUSTIFICATION: p�s=meand mam�inthe s�ee n�ucmn=mom�e and uomob�o��uy�ou��mSue�� failure which a�v I minimizes costs. Some individual sites may be coordinated with water, sewer, and surlace water projects. STATUS: Each year various sections of roadway throughout the City are designed and coristructed for asphalt overlay, MAINT. IMPACT: Reduces annual maintenarice. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND EXPENSES Design 194 100 100 125 125 150 150 175 175 1.294 Land (R/VV) 0 Const. Mgmt. 165 175 175 175 200 200 225 225 1.540 Construction 969 1,225 1,250 1.260 1.300 1.320 1,325 1.325 9.974 TOTAL EXPENSES 1,328 100 1,500 1,550 1,560 1,650 1,670 1,725 1,725 12,808 FUND SOURCES Awarded Grant O Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 1.328 100 1.500 1.550 1.560 1.650 1.670 1,725 1.725 12.808 TOTAL SOURCES 1,328 100 1,500 1,550 1,560 1,650 1,670 1,725 1,725 12,808 ject Location 2014 2019 Capita Improvement Program 92 15 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Annual Small Drainage Program Project No. Varies DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing /ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar COMMENT: years. Budget for 2014 includes $270k for Thorndyke Safe Routes to School (S 150th St). Grants from State Municipal Stormwater Capacity Grants. FINANCIAL Through Estimated in $000's 2012 2013 2014 2015 2016 2017 2019 EXPENSES Design 174 80 80 80 80 80 80 80 80 814 Land (RM/) 0 Const. Mgmt. 135 65 80 80 80 80 80 80 80 760 Construction 694 500 325 325 525 525 525 525 525 4,469 TOTAL EXPENSES 1,003 645 485 485 685 685 685 685 685 6,043 FUND SOURCES Awarded Grant 20 170 50 240 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 983 645 315 485 635 685 685 685 685 5,803 TOTAL SOURCES 1,003 645 485 485 685 685 685 685 685 6,043 2014 - 2019 Capital Improvement Program 82 93 94 ENGINEERS ARCHITECTS IANDSCA PE ARCH rrEas SURVEYORS May 30, 2014 Grant Griffin Senior Program Manager City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 RE: Thorndyke Elementary Safe Routes to School Dear Grant, SEATTLE 'lA[0MA As requested, ICPGbuu tabulated the bid and reviewed the bid packages submitted for the City of Tukwila Thorndyke Elementary Safe Routes to School. The lowest bidder in the amount of $l,l3b,250.0Oio Road Construction Northwest, Inc. As part of our review, we called the City of Sumner regarding the Parker Road Eas Sidewalk ement Project. This p jcc\wau$l,O22.533.7bccdyntaUcdlloud[ooxbuctkooNortbvvzs{ performed excellent work. We have also checked the status of Road Construction Northwest on the Washington State Labor and Industries web page to confirm they are currently insured, bonded, and licensed. ]tiuK9G`u recommendation that the Thorndyke Elementary Safe Routes to School be awarded to Road Construction Northwest, Inc. We have enclosed the original bid package along with the contractor verification for your review. Sincerely, KPG, Inc. Nelson Davi , P.E. cc: Enclosures: Road Construction Northwest bid package including Contractor Verification 753 9TH Avenue North ° Seattle, YVA981o9^ Phone (2o6)z86-164o^ Fax (nx6)zD6-1639 2502 Jefferson Avenue • Tacoma, YVA984oz^ Phone (z53) 627*7zo^ Fax (z5) 6a7-4144 www.kpg.com 96 CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS Thorndyke Elementary Safe Routes to School Bid Tabulation Project No. 91210302, TA No. 5252 KY" G. May 29, 2014 Engineers Estimate Road Construction NW RW Scott Construction Co. Ceccanti No. Section No. Item Qty Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost ROADWAY 1 1 -04 Unexpected Site Changes 1 FA $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 2 1 -05 Roadway Surveying 1 LS $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 $ 15,000.00 $ 15,000.00 3 1 -07 Resolution of Utility Conflicts 1 FA $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 4 1 -07 SPCC Plan 1 LS $ 800.00 $ 800.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 5 1 -09 Mobilization 1 LS $ 75,000.00 $ 75,000.00 $ 90,000.00 $ 90,000.00 $ 102,000.00 $ 102,000.00 $ 120,000.00 $ 120,000.00 6 1 -10 Traffic Control Supervisor 1 LS $ 40,000.00 $ 40,000.00 $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 $ 59,000.00 $ 59,000.00 7 1 -10 Flaggers and Spotters 1,300 HR $ 48.00 $ 62,400.00 $ 57.00 $ 74,100.00 $ 52.00 $ 67,600.00 $ 44.00 $ 57,200.00 8 1 -10 Other Traffic Control Labor 180 HR $ 48.00 $ 8,640.00 $ 75.00 $ 13,500.00 $ 56.00 $ 10,080.00 $ 47.00 $ 8,460.00 9 1 -10 Portable Changeable Message Sign 6,000 HR $ 4.00 $ 24,000.00 $ 6.00 $ 36,000.00 $ 14.00 $ 84,000.00 $ 2.00 $ 12,000.00 10 1 -10 Other Temporary Traffic Control 1 LS $ 15,000.00 $ 15,000.00 $ 9,000.00 $ 9,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 11 1 -10 Off -Duty Uniformed Police Officer 50 HR $ 80.00 $ 4,000.00 $ 80.00 $ 4,000.00 $ 90.00 $ 4,500.00 $ 80.00 $ 4,000.00 12 2 -01 Clearing and Grubbing 1 LS $ 20,000.00 $ 20,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 17,000.00 $ 17,000.00 13 2 -02 Removal of Structure and Obstruction 1 LS $ 10,000.00 $ 10,000.00 $ 45,000.00 $ 45,000.00 $ 110,000.00 $ 110,000.00 $ 60,000.00 $ 60,000.00 14 2 -03 Roadway Excavation Incl. Haul 1,400 CY $ 22.00 $ 30,800.00 $ 30.00 $ 42,000.00 $ 29.00 $ 40,600.00 $ 37.00 $ 51,800.00 15 2 -03 Unsuitable Foundation Excavation Incl. Haul 60 CY $ 40.00 $ 2,400.00 $ 60.00 $ 3,600.00 $ 10.00 $ 600.00 $ 37.00 $ 2,220.00 16 2 -03 Gravel Borrow Incl. Haul 600 TN $ 25.00 $ 15,000.00 $ 30.00 $ 18,000.00 $ 15.00 $ 9,000.00 $ 20.00 $ 12,000.00 17 2 -12 Construction Geotextile for Separation 300 SY $ 5.00 $ 1,500.00 $ 11.00 $ 3,300.00 $ 2.00 $ 600.00 $ 2.00 $ 600.00 18 4 -04 Crushed Surfacing Top Course 2,300 TN $ 25.00 $ 57,500.00 $ 28.00 $ 64,400.00 $ 30.00 $ 69,000.00 $ 30.00 $ 69,000.00 19 5 -04 HMA Cl. 1/2" PG 64 -22 1,280 TN $ 90.00 $ 115,200.00 $ 110.00 $ 140,800.00 $ 103.00 $ 131,840.00 $ 170.00 $ 217,600.00 20 5 -04 HMA Thickened Edge 1,350 LF $ 6.00 $ 8,100.00 $ 9.00 $ 12,150.00 $ 5.00 $ 6,750.00 $ 7.00 $ 9,450.00 21 6 -13 Modular Block Wall 65 SF $ 35.00 $ 2,275.00 $ 90.00 $ 5,850.00 $ 70.00 $ 4,550.00 $ 50.00 $ 3,250.00 22 7 -12 Adjust Water Valve 6 EA $ 500.00 $ 3,000.00 $ 700.00 $ 4,200.00 $ 300.00 $ 1,800.00 $ 350.00 $ 2,100.00 23 7 -15 Adjust Water Meter Box 14 EA $ 400.00 $ 5,600.00 $ 700.00 $ 9,800.00 $ 300.00 $ 4,200.00 $ 350.00 $ 4,900.00 24 7 -15 Coordinate Water Meter Relocation 12 EA $ 400.00 $ 4,800.00 $ 800.00 $ 9,600.00 $ 300.00 $ 3,600.00 $ 50.00 $ 600.00 25 8 -01 Erosion /Water Pollution Control 1 FA $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 26 8 -01 TESC, Detention /Retention & SWPPP Facilities 1 LS $ 15,000.00 $ 15,000.00 $ 3,500.00 $ 3,500.00 $ 2,000.00 $ 2,000.00 $ 15,000.00 $ 15,000.00 27 8 -04 Cement Conc. Traffic Curb and Gutter 1,650 LF $ 20.00 $ 33,000.00 $ 28.00 $ 46,200.00 $ 15.00 $ 24,750.00 $ 25.00 $ 41,250.00 28 8 -04 Cement Conc. Traffic Curb 210 LF $ 15.00 $ 3,150.00 $ 30.00 $ 6,300.00 $ 24.00 $ 5,040.00 $ 30.00 $ 6,300.00 SIDEWALK 29 8 -06 Cement Conc. Driveway Entrance Type 1 580 SY $ 60.00 $ 34,800.00 $ 75.00 $ 43,500.00 $ 36.00 $ 20,880.00 $ 40.00 $ 23,200.00 30 8 -14 Cement Conc. Sidewalk 450 SY $ 35.00 $ 15,750.00 $ 40.00 $ 18,000.00 $ 26.00 $ 11,700.00 $ 30.00 $ 13,500.00 31 8 -14 Cement Conc. Driveway 280 SY $ 60.00 $ 16,800.00 $ 75.00 $ 21,000.00 $ 35.00 $ 9,800.00 $ 40.00 $ 11,200.00 32 8 -14 Cement Conc. Curb Ramp Type Parallel A 3 EA $ 2,500.00 $ 7,500.00 $ 1,500.00 $ 4,500.00 $ 1,700.00 $ 5,100.00 $ 1,500.00 $ 4,500.00 33 8 -14 Cement Conc. Curb Ramp Type Parallel A, Modified 1 EA $ 2,500.00 $ 2,500.00 $ 1,500.00 $ 1,500.00 $ 1,700.00 $ 1,700.00 $ 1,500.00 $ 1,500.00 STORM DRAINAGE 34 2 -09 Shoring or Extra Excavation Class B 1 LS $ 8,000.00 $ 8,000.00 $ 1.00 $ 1.00 $ 2,500.00 $ 2,500.00 $ 25,000.00 $ 25,000.00 35 7 -04 Ductile Iron Storm Sewer Pipe 8 In. Diam. 160 LF $ 65.00 $ 10,400.00 $ 65.00 $ 10,400.00 $ 70.00 $ 11,200.00 $ 88.00 $ 14,080.00 36 7 -04 Ductile Iron Storm Sewer Pipe 12 In. Diam. 190 LF $ 80.00 $ 15,200.00 $ 75.00 $ 14,250.00 $ 80.00 $ 15,200.00 $ 95.00 $ 18,050.00 37 7 -04 Storm Sewer Pipe 8 In. Diam 60 LF $ 45.00 $ 2,700.00 $ 65.00 $ 3,900.00 $ 80.00 $ 4,800.00 $ 82.00 $ 4,920.00 38 7 -04 Storm Sewer Pipe 12 In. Diam 1,300 LF $ 45.00 $ 58,500.00 $ 70.00 $ 91,000.00 $ 55.00 $ 71,500.00 $ 85.00 $ 110,500.00 39 7 -04 Remove /Abandon Existing Storm Sewer Pipe 1,480 LF $ 15.00 $ 22,200.00 $ 4.00 $ 5,920.00 $ 12.00 $ 17,760.00 $ 6.00 $ 8,880.00 40 7 -04 Remove /Abandon Existing Water Pipe 1,220 LF $ 15.00 $ 18,300.00 $ 4.00 $ 4,880.00 $ 12.00 $ 14,640.00 $ 6.00 $ 7,320.00 41 7 -05 Connection to Drainage Structure 1 EA $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 42 7 -05 Connection to Drainage Pipe 1 EA $ 800.00 $ 800.00 $ 2,000.00 $ 2,000.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 43 7 -05 Adjust Catch Basin 1 EA $ 500.00 $ 500.00 $ 700.00 $ 700.00 $ 500.00 $ 500.00 $ 350.00 $ 350.00 CITY OF TUKWILA DEPARTMENT OF PUBLIC WORKS Thorndyke Elementary Safe Routes to School Bid Tabulation Project No. 91210302, TA No. 5252 KEG May 29, 2014 Engineers Estimate Road Construction NW RW Scott Construction Co. Ceccanti No. S Noion Item Qty Unit I Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 44 7 -05 Concrete Inlet 10 EA $ 900.00 $ 9,000.00 $ 900.00 $ 9,000.00 $ 700.00 $ 7,000.00 $ 1,150.00 $ 11,500.00 45 7 -05 Catch Basin Type 1 26 EA $ 1,000.00 $ 26,000.00 $ 1,300.00 $ 33,800.00 $ 1,100.00 $ 28,600.00 $ 1,250.00 $ 32,500.00 46 7 -05 Catch Basin Type 2, 48 In. Diam. 1 EA $ 3,000.00 $ 3,000.00 $ 7,000.00 $ 7,000.00 $ 2,500.00 $ 2,500.00 $ 4,200.00 $ 4,200.00 47 7 -05 Storm Drain Marker 38 EA $ 40.00 $ 1,520.00 $ 100.00 $ 3,800.00 $ 18.00 $ 684.00 $ 35.00 $ 1,330.00 48 7 -06 Pothole Existing Utilities 25 EA $ 600.00 $ 15,000.00 $ 600.00 $ 15,000.00 $ 400.00 $ 10,000.00 $ 350.00 $ 8,750.00 SANITARY SEWER 49 7 -05 Remove and Replace Sewer Manhole Frame and Grate 5 EA 1 $ 700.00 1 $ 3,500.00 1 $ 700.00 1 $ 3,500.00 $ 500.00 $ 2,500.00 $ 500.00 1 $ 2,500.00 TRAFFIC SIGNALS 50 1 8 -20 (Traffic Signal Modifications at S. 150th St. & 42nd Ave. S. 1 1 1 LS 1 $ 32,000.00 1 $ 32,000.00 1 $ 31,000.00 1 $ 31,000.00 $ 35,500.00 1 $ 35,500.00 $ 35,000.00 1 $ 35,000.00 TRAFFIC CONTROL DEVICES 51 8 -09 Raised Pavement Marker Type 1 8 HUND $ 200.00 $ 1,600.00 $ 300.00 $ 2,400.00 $ 385.00 $ 3,080.00 $ 300.00 $ 2,400.00 52 8 -09 Raised Pavement Marker Type 2 1 HUND $ 350.00 $ 350.00 $ 450.00 $ 450.00 $ 495.00 $ 495.00 $ 500.00 $ 500.00 53 8 -21 Permanent Signing 1 LS $ 5,000.00 $ 5,000.00 $ 7,000.00 $ 7,000.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 54 8 -22 Plastic Stop Line 60 LF $ 12.00 $ 720.00 $ 11.00 $ 660.00 $ 15.00 $ 900.00 $ 14.00 $ 840.00 55 8 -22 Plastic Crosswalk Line 370 SF $ 8.00 $ 2,960.00 $ 11.00 $ 4,070.00 $ 10.00 $ 3,700.00 $ 8.00 $ 2,960.00 56 8 -23 Temporary Paint Line 1,350 LF $ 0.50 $ 675.00 $ 1.00 $ 1,350.00 $ 2.00 $ 2,700.00 $ 1.00 $ 1,350.00 ROADSIDE DEVELOPMENT 57 8 -01 Topsoil /Fine Compost 150 CY $ 45.00 $ 6,750.00 $ 55.00 $ 8,250.00 $ 64.00 $ 9,600.00 $ 50.00 $ 7,500.00 58 8 -01 Hydroseed 1,315 SY $ 3.00 $ 3,945.00 $ 3.00 $ 3,945.00 $ 0.85 $ 1,117.75 $ 2.00 $ 2,630.00 59 8 -01 High Visibility Fence 1,970 LF $ 4.00 $ 7,880.00 $ 4.00 $ 7,880.00 $ 5.00 $ 9,850.00 $ 2.00 $ 3,940.00 60 8 -02 Property Restoration 1 FA $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 61 8 -12 Chainlink Fence Type 4 100 LF $ 40.00 $ 4,000.00 $ 44.00 $ 4,400.00 $ 55.00 $ 5,500.00 $ 30.00 $ 3,000.00 62 8 -18 Remove and Replace Mailbox Support 8 EA $ 800.00 $ 6,400.00 $ 400.00 $ 3,200.00 $ 700.00 $ 5,600.00 $ 200.00 $ 1,600.00 63 8 -26 Remove and Replace Fence 50 LF $ 60.00 $ 3,000.00 $ 20.00 $ 1,000.00 $ 50.00 $ 2,500.00 $ 40.00 $ 2,000.00 FRANCHISE UTILITY ITEMS 64 8 -19 Adjust Gas Valve 2 EA $ 500.00 $ 1,000.00 $ 700.00 $ 1,400.00 $ 400.00 $ 800.00 $ 350.00 $ 700.00 65 8 -19 Temporary Utility Pole Support 6 EA $ 2,000.00 $ 12,000.00 $ 800.00 $ 4,800.00 $ 1,000.00 $ 6,000.00 $ 500.00 $ 3,000.00 TOTAL BID $ 993,415.00 $ 1,136,256.00 $ 1,151,416.75 $ 1,241,430.00 100 City of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes June 16 , 2014 – 5:15 p.m. – Foster Conference Room , 6300 Building PRESENT Coun cilmembers: Kat e Kruller, Chair; Allan Ekberg, De’Sean Quinn (Absent: Kathy Hougardy) Staff: David Cline, Bob Giberson, R obin Tischmak, R yan Larson, Frank Iriarte, Mike Cusick , Michael Rhonda, Pat Brodin, Grant Griffin, Gail Labanara, Laurel Humphrey CALL TO ORDER: The meeting was called to order at 5: 21 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Interlocal Agreements: East Marginal Way South Storm Pipe Replacement Staff is seeking Council approval of two interlocal agreements (ILA) relating to the East Marginal Way South Storm Pipe Replacement Project, which will in stall a new 42” storm pipe within East Marginal Way South. The new alignment requires existing utilities owned by Valley View Sewer District and King County Water District 125 be relocated at their expense. Both agencies requested that the work be bid and constructed by the City’s contract followed by reimbursement to the City by each district. Both utility districts reviewed and accepted the bid amount by James W. Fowler Co. for their portion of the work, and the following draft ILAs must be approved so that reimbursement to the City can occur: ILA with Valley View Sewer District in the amount of $37,570.00 ILA with Water District 125 in the amount of $57,117.11 UNANIMOUS APPROVAL. FORWARD TO JUNE 23 , 2014 COMMITTEE OF THE WHOLE AND SPECIAL MEETING CONSENT AGEND A. B. Supplemental Agreement: East Marginal Way South Storm Pipe Replacement Staff is seeking Council approval of Supplemental Agreement No. 4 with KPG, Inc. in the amount of $299,902.10 for construction management services for the storm pipe installation on East Marginal Way South. The original agreement No. 13 - 036 was for design of this project and construction was recently awarded to the James W. Fowler Company. KPG was selected for construction management support services due to its familiarity with the work zone, project challenges, and availability of personnel. This award is just under the budget of $300,000.00 and UNANIMOUS APPROVAL. FORWARD TO JUNE brings the total contract cost to $523,341.86. 23, 2014 COMMITTEE OF THE WHOLE AND SPECIAL MEETING CONSENT AGEND A. C. Bid Award: Thorndyke Safe Routes to School Staff is seeking Council approval to award a construction bid in the amount of $1,136,256.00 to Road Construction Northwest, Inc. for the Thorndyke Safe Routes to School Project. This project improves safety and mobility for schoolchildren by constructing several improvements to South th nd 150 Street between Tukwila International Boulevard and 42 Avenue South. Road Construction Nor thwest, Inc. was the lowest of three bidders and has performed successful work for the City in the past. The three bids were clos e, but all came in over the Engineer’s estimate of $993,415.00. Additional funding to cover the revised project estimate is being proposed from funds available as Utilities Committee Minutes June 16, 2014 Page 2 UNANIMOUS a result of favorable bids in other projects. The total 2014 budget is $1,487,000.00. APPROVAL. FORWARD TO JUNE 23 , 2014 COMMITTEE OF THE WHOLE AND SPECIAL CONSENT AGEND A. D. Supplemental Agreement: Central Business District Sanitary Sewer Rehabilitation Project Staff is seeking Council approval of Supplemental Agreement No. 3 with RH2 Engineers in the amount of $63,124.00 for the CBD Sanitary Sewer Rehabilitation Project. This supplement would authorize RH2 to prepare two separate bid packages that would 1) design a repair for the failed sanitary sewer line between Andover Park East and Andover Park West, and 2) design a rehabilitation project to slip line sanitary sewer lines within CBD. These items were both included in one bid package earlier this year, and the only bid received was rejected by Council for being significantly over budget. Staff believes that separating the project into these two components will bring forward more favorable bids. If approved, Supplement No. 3 will bring the total contract to $23 2,235.00. Additional funds are available from the construction management budget. UNANIMOUS APPROVAL. FORWARD TO JUNE 23 , 2014 COMMITTEE OF THE WHOLE AND SPECIAL MEETING CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 5:32 p.m. Next meeting : Monday, July 7 , 2014 – 5:1 5 p.m. – Foster Conference Room Committee Chair Approval Minutes b y LH , Reviewed by GL DRAFT 102 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review,/ Council review 06/23/14 ..„ BG Z Motion Mtg Date 06/23/14 E Resolution Mtg Date 0 Ordinance Alts Date • Bid Award 0 Public Hearing A Itg Date 0 Other illtg Date A N Date SPONSOR E Council fl Mayor 111 HR 0 DCD E Finance Fire IT E P&R 1I Pala' P117/ SPONSOR'S RH2 Engineering was selected to design the CBD Sanitary Sewer Rehabilitation Project SUMMARY with Contract No 13-076. With the Andover Park W sewer break in March 2013, RH2 added Supplement No. 1 and 2 for additional design of the repair. On 4/14/14, one bid was received and was rejected by Council as it was over budget. Supplement No. 3 will split the bid package for the repair and another for sliplining. Council is being asked to approve Supplemental Agreement No. 3 with RH2 Engineering in the amount of REVIEWED BY E COW Mtg. D CA&P Cmte E F&S Cmte 0 Transportation Cmte Z Utilities Cmte 11 Arts Comm. El Parks Comm. Ell Planning Comm. DATE: 06/16/14 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. CommITTFE Public Works Department Unanimous Approval; Forward to C.O.W & Special Consent ITEM INFORMATION ITEM No. 4.E. Spec 2.D. 103 STAFF SP( NSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 06/23/14 AciENDA ITEm Tril,F, Commercial Business District (CBD) Sanitary Sewer Rehabilitation Project Approve Supplement No. 3 to Contract No. 13-076 with RH2 Engineering CATEGoRY E Discussion 1111g Date Z Motion Mtg Date 06/23/14 E Resolution Mtg Date 0 Ordinance Alts Date • Bid Award 0 Public Hearing A Itg Date 0 Other illtg Date A N Date SPONSOR E Council fl Mayor 111 HR 0 DCD E Finance Fire IT E P&R 1I Pala' P117/ SPONSOR'S RH2 Engineering was selected to design the CBD Sanitary Sewer Rehabilitation Project SUMMARY with Contract No 13-076. With the Andover Park W sewer break in March 2013, RH2 added Supplement No. 1 and 2 for additional design of the repair. On 4/14/14, one bid was received and was rejected by Council as it was over budget. Supplement No. 3 will split the bid package for the repair and another for sliplining. Council is being asked to approve Supplemental Agreement No. 3 with RH2 Engineering in the amount of REVIEWED BY E COW Mtg. D CA&P Cmte E F&S Cmte 0 Transportation Cmte Z Utilities Cmte 11 Arts Comm. El Parks Comm. Ell Planning Comm. DATE: 06/16/14 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. CommITTFE Public Works Department Unanimous Approval; Forward to C.O.W & Special Consent COST IMPACT / FUND SOURCE EXPI :INDITU RI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $63,124.00 $290,000.00 $0.00 Fund Source: 402 SEWER FUND (PAGE 73, 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/23/14 MTG. DATE ATTACHMENTS 06/23/14 Informational Memorandum dated 06/13/14 2014 CIP, page 73 Supplemental Agreement No. 3 to Contract No. 13-076 Minutes from the Utilities Committee meeting of 06/16/14. 103 104 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Mike Cusick, Senior Engineer DATE: June 13.2014 SUBJECT: CBD Sanitary Sewer Rehabilitation Project Project No. 91140203, Contract No. 13-076 Supplemental Agreement No. 3 ISSUE Approve Supplemental Agreement # 3 with RH2 Engineering (RH2) for design of the replacement sanitary sewer line between Andover Park East and Andover Park West. BACKGROUND On March 11, 2013, City staff received a call from a business owner on Andover Park East (APE) reporting sewage coming up in his parking lot. City staff discovered that the 12-inch pipe between APE and Andover Park West (APW) was full of sewage and not flowing. Maintenance staff then tried jetting the sewer line and the jet head was only able to go out approximately 150 feet of the 430 foot sewer line, indicating a major break in the sewer pipe and that it has caved in. On March 12, 2013, staff noted gravel in the downstream manhole and determined that the sewer pipe had, in fact, collapsed and a sink hole had formed west of the railroad tracks. This portion of sewer line was known to have a sag and cannot be videoed due to the pipe being full of water. A temporary rental pump has been installed to bridge the railroad tracks and the plugged sewer line. In February 2011, this section of sewer pipe failed just east of APW, resulting in a major excavation for repair of the sewer and water lines, In 2012 the City of Tukwila received a Public Works Trust Fund Loan for relining of sewer pipes in this portion of the CBD for 2013. The new failure is about 150 feet east of the failure which occurred in 2011. DISCUSSION On April 14, 2014 the City received only one bid for the CBD Sanitary Sewer Rehabilitation Project. The bid was rejected by the Council on May 19, 2014 for being over budget. Supplement No. 2 directed RH2 to revise the plan set to repair only the collapsed sewer line west of the Union Pacific Railroad tracks, reline 2,440 feet of sewer line and install a manhole south of Strander Blvd In APE. The City has now directed RH2 to split the project into 2 bid packages. The first project is for repair of the collapsed line west of the railroad tracks and installation of a manhole in APE. The second project is for relining of the sewer line between APE and APW, and the first 600 feet of pipe south of Strander Blvd. in APE. These 2 segments of sewer pipe have the highest risk of collapse and greatest need of relining. The remaining scope of work included in the Public Works Trust Fund Loan will be accomplished using funds from the 2015 CIP. FINANCIAL IMPACT Supplement No. 3 with RH2 is proposed in the amount of $63,124.00. The additional funds required to complete the engineering will be from the 2014 Construction Management Budget for the CBD Sanitary Sewer Rehabilitation project. RH2 Origina Contract SupplementNn.1 Supplement No. 2 Supplement No. 3 Total Contract $ 79.077.00 30,064.00 59,070.00 63,124.00 2013 & 2014 Design 2013 & 2014 CM Budget $ 180,000.00 110,000.00 0.00 0.00 RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 3 with RH2 in the amount of $63,124.00 for the CBD Sanitary Sewer Rehabilitation Project and consider this item at the June 23, 2014 Committee of the Whole and on the Consent Agenda at the subsequent Special Meeting that same night. Attachments: Supplemental Agreement #3 w:IPnEngTRuJEnmwxw Projects CBo Sewer Rehabilitation (91140203)1DesigrAInfo Memo Supp Ag #306-13-14 gl.doc 106 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: CBD Sanitary Sewer Rehabilitation Project No 91140203 The asbestos coricrete pipe in the CBD (commercial business district) is approximately 45 years old and DESCRIPTION: becoming soft SIip lining the pipe will reinforce the strength with Iittle impact to roadways and minimal excavation. If the pipe collapses, the street will have to be excavated and the cost of the repairs will be significant. In the JUSTIFICATION: last five years we have had two major pipe failures on Andover Park West. STATUS: A Public Works Trust Fund loan was successfully obtained in 2012 for construction. MA|NT IMPACT: Reduced maintenance and repair costs. The limits of the 2013 project is APW to APE from Minkler Blvd to S 180th St and will now include the repair to the COMMENT: sewer under the railroad tracks. FINANCIAL Through Estimated • 2017 2018 2019 BEYOND TOTAL p'°"""~, EXPENSES ~~'^ --- --• . -- - Design 160 20 20 20 20 80 320 Lend(R«V) 0 Const. Mgmt. 10 100 120 120 120 120 590 Construction 10 700 900 900 900 900 4.310 TOTAL EXPENSES 0 180 820 1.040 1.040 1.040 1.100 0 0 5.220 FUND SOURCES Awarded Grant O PVVTRPmposedPVVTF 45 705 800 1.550 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 135 115 1.040 1.040 1.040 300 0 0 3.670 TOTAL SOURCES 0 180 820 1,040 1,040 1,040 1,100 0 0 5,220 2014 2019 Capital /mprovement Program 73 108 ORIGINAL I PAGE NO I OF PAGES SUPPLEMENTAL AGREEMENT NUMBER 3 to CONSULTANT AGREEMENT NUMBER 13 -076 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and RH2 Engineering hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, April 5, 2013, and identified as Agreement No. 13 -076. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Task 1— Design Revisions and Modification of Plans and Specifications to Rebid Project as Two Separate Contracts Objective: Revise plans to modify original concept of open- cutting railroad easement to that of point repair with lining. Separate existing single set of plans and specifications into two projects for construction. Approach: 1.1 Revise plans and specifications, and incorporate edits from City staff to modify plans from original design concept. Modify cover sheets, sheet indices, sheet numbering, and drawing notes to segregate Schedules A (APW repair), B (APE manhole insertion), and D (restoration of seven manholes), from Schedule C (CIPP work). 1.2 Create two (2) project manuals (including bid forms, construction contract, and technical specifications) to separate Schedules A/B/D from Schedule C as described above. Submit 90- percent, 95- percent, and final copies to the City for review, and incorporate City edits following each iteration. 1.3 Perform internal QA/QC check on final draft and update project cost estimates. Perform additional revisions to plans and specifications per City preferences. 1.4 Conduct one (1) design review meeting with City prior to the bid advertisement to discuss modifications. RH2 Deliverables: • 90- percent, 95- percent, and Final Plans and Specifications for both projects provided in PDF format and delivered to City via FTP site. 109 ORIGINAL I PAGE Ma OF PAGES Task 2 — Services During Bidding Objective: Assist the City and project bidders during bidding phase. Approach: 2.1 Convert bid packages to PDF format preferred by Builders Exchange of Washington (BXWA) and upload to BXWA's website. 2.2 Respond to questions from bidders and City during the bidding phases via phone and email. 2.3 Prepare up to one (1) addendum per project to modify bid documents and to provide clarification, if needed. Assumptions: Because the project documents will be uploaded to BXWA, it is assumed that no hard copies of bid sets will be provided to bidders. R112 Deliverables: • Preparation of up to two (2) addenda. • Responses to technical questions. Task 3 — Services During Construction Objective: Assist the City with technical efforts during the construction phases for two projects. Approach: 3.1 Pre - construction conference: Prepare a meeting agenda with the City and schedule a preconstruction conference with the contractor, utilities, and adjacent property owners. Assist the City in conducting the meeting, and prepare and circulate meeting minutes. 3.2 Submittal review: Review contractor- provided submittals and provide written response. It is assumed that Shannon and Wilson will review the submittals for Schedule A trench shoring and dewatering. RH2 will review shoring and dewatering submittals for Schedule B. 3.3 Pay request processing: Coordinate with the City's inspectors via email or telephone to review bid -item quantities being requested for payment by the contractor. Prepare the pay requests for signature by the contractor and City. The pay requests will include tabulation of the total amount previously paid to the contractor, the amount currently being requested, and the total expended at the time of the pay request. It is assumed that three (3) pay requests will be required, and that RH2 's assistance with change order negotiation and preparation will be paid on a time and expense basis. 3.4 General consultation and construction coordination meetings: Assist City with interpretations to plans and specifications via phone or email. Attend one (1) construction coordination meeting at Tukwila City Hall. It is assumed that RH2 will assist the City up to the number of hours shown in the fee estimate. 110 ORIGINAL ? PAGE NO .3 OF C2 PAGES 3.5 Part-time on -site construction observation: Perform construction observation as requested by the City. It is assumed that RH2 will observe up to the number of hours shown in the fee estimate. Prepare written construction observation reports for the times that RH2 is in the field and email reports to the City in PDF format. 3.6 Perform final walkthrough with City and contractor, and help generate punch -list items. Revise punch -list if needed after contractor addresses initial list items. Assumptions: It is assumed that the City will conduct and lead on -site construction observation duties. It is further assumed that Shannon and Wilson will provide an on -site representative during the excavation activities of Schedule A near the Union Pacific Railroad easement. Shannon and Wilson will review the submittals for shoring and dewatering and perform periodic groundwater and vibration tests to review the contractor's measurements. RH2 Deliverables: • Participation in pre - construction conference. • Pre - construction meeting agenda and minutes. • Written submittal responses transmitted via email. • Pay request processing and change order negotiation. • Construction observation reports in PDF format. • Punch -list preparation including one revision of punch -list following contractor's first attempt to address items on list. Participation or Information Needed from City: • Attendance at pre - construction conference. • Verification of pay - request quantities. • Construction observation. • Procurement of consultants for: o Geotechnical and hydrogeologic review of dewatering plan review for Schedule A (Shannon and Wilson). o Structure position monitoring measurements. o Trench backfill compaction testing. o Asphalt compaction testing. • Notification of construction events and dates RH2 is requested to be on -site. • Review of punch -list prior to submittal to contractor. Task 4 — Project Management Objective: Coordinate with City staff; monitor scope, budget, and schedule; review and issue invoices; and maintain project files and records. Approach: 4.1 Coordinate with City staff on schedule, progress, and technical questions. 111 ORIGINAL I PAGE NO 4 OF lP PAGES 4.2 Prepare invoices. Review for consistency and monitor budget spent. Provide monthly status updates. 4.3 Maintain project records and project files. 1. Time for Performance, is amended to the completion date of work until January 31, 2015. 2. Payment, shall be amended as follows: • Payment for the work provided by the Consultant as part of this supplement shall be made for an additional $63,124.00. The total amount for the Consultant for this contract shall not exceed $232,235.00 without express written modification of the Agreement signed by the City. DATED this day of , 2014. CITY OF TUKWILA CONS ANT Jim Haggerton, Mayor 112 By: Printed Name: Richard H. Harbert Title: Chief Executive Officer EXHIBIT B City of Tukwila Supplemental Agreement No. 3 to Contract No. 13 -076 2013 Central Business District Sewer Rehabilitation SDB and SDC Estimate of Time and Expense Task 1 DESIGN REVISIONS AND MODIFICATIONS OF PLANS AND SPECIFICATIONS TO RE -B1D PROJECT AS TWO SEPARATE CONTRACTS Description Ho�un TotalLabar Subconsultant Total Expense Total Cost Classification Task 1 DESIGN REVISIONS AND MODIFICATIONS OF PLANS AND SPECIFICATIONS TO RE -B1D PROJECT AS TWO SEPARATE CONTRACTS SERVICES DURING BIDDING PHASE 1.1 Revise plans and specifications to segregate Schedules 35 $ 5,591 4,766 $ - $ - $ 567 $ 439 $ 6,158 $ 5,205 1.2 Create two protect manuals of separate Schedules A /B /D from Schedule C, prepare 90% 95 %, and final copies, Incorporate City edit 28 1.3 Perform Internal QA /QC of plans and specifications and Incorporate City edits; update project cost estimates 68 22 $ 11,117 $ 3,486 - $ - $ 1,442 $ 606 $ 12,559 5 4,092 1.4 Conduct one final design meeting with City staff prior to bld advertlsemeni Subtotal 153 $ 24,960 $ - $ 3,053 $ 28,013 Task 2 SERVICES DURING BIDDING PHASE 3.1 Prepare for and attend two pre - construction conferences 23 $ 3,813 2.1 Convert bid packages to PDF format for uploading to BXWA $ 4,512 9 28 1,364 5 - $ 60 1,424 2.2 Respond to contractor and City questions during bidding phases $ 1,671 10 $ 1,834 $ - $ 72 $ .1,906 2.3 Prepare addenda 4,910 12 $ 1,879 $ - $ 73 $ 1,952 3.6 Perform final walkthrough with City and contractor, revise punch -list 7 Subtotal 31 $ 5,077 $ - $ 205 $ 5,282 Task 3 SERVICES DURING CONSTRUCTION PROJECT MANAGEMENT 3.1 Prepare for and attend two pre - construction conferences 23 $ 3,813 $ 699 $ 4,512 32 Perform submittal review 28 4,886 $ - Sc $ 128 $ 5,014 3.3 Process pay requests 10 $ 1,671 $ �S 46 $ 1,717 3.4 Provide general consultation and attend 1 construction coordination meetini 28 $ 4,789 _ $ $ 121 4,910 3.5 Perform construction observation as requested by the CIty 32 $ 5,765 - $ 327 $ 6,092 3.6 Perform final walkthrough with City and contractor, revise punch -list 7 $ 1,214 $ - $ 88 $ 1,302 Subtotal 128 $ 22,138 $ - $ 1,408 $ 23,546 Task 4 PROJECT MANAGEMENT 4.1 Coordinate with City staff on schedule, progress and technical Issues 24 4,389 $ - $ 170 $ 4,559 4.2 Prepare invoices and monitor project budget 3 1 611 42 $ 653 4.3 Maintain project files 7 1,019 - 51 $ 1,070 Subtotal 34 $ 6,019 $ - $ 264 $ 6,283 Supplemental Agreement No. 3 Total 346 I $ 58,194 1 $ $ 4,930 $ 63,124 J: IDatmtTUM1113 -0581ControchSuppAgml No. 3 FEE_CBD Relwbltnllon 508 and SDC JH 5.21 -14 ed0.daa 0/102014 8:35 AM PAGE N PAGES EXHIBIT C RII2 Engineering, Inc. SCHEDULE OF RATES AND CHARGES 2014 HOURLY RATES CLASSIFICATION RATE CLASSIFICATION RATE Professional IX 5209.00 Technician IV Plofessional VIII 5209.00 Technician III 5127.00 Professional VII 5201.00 Technician II 595.00 Technician 1 590.00 Professional VI 5186.00 Professional V 5177.00 Administrative V 5126.00 Professional W 5167.00 Administrative IV 5105.00 Administrative 111 591.00 Professional III 5157.00 Administrative 11 575.00 Professional 11 5)47.00 I 563.00 Professional - 5135.00 IN-ROUSE SERVICES Irihouse copies (cich) 1n-house copies (each) In-house copies (each) In-house copies (color) (each) In-house copies (co)or) (each) 1n-house copies (color) (each) . " X 11" 8.5" X 14" 11X 17" 8.5" X 11" 8.5" X 14" 11 X IT 50.09 50.14 50.20 50.90 51.20 52.00 CAD Plots CAD Plots CAD Plots CAD System GIS System Technology Charge Mileage ge Full Sag Half Size Per Hour Per Hour 5 OUTSIDE SERVICES Outside direct costs for permit fees, reports, maps, data, reprographics, couriers, postage, and non-mileage related travel expenses that are necessary for the execution of the project and are not specifically identified elsewhere in the contract will be invoiced at cost_ All Subconsullant services art billed at cost plus 15%. CHANGES IN RATES Rates listed here arc adjusted annually. The currant hedule of rates and charges is used for billing puiposes. Payment for work accomplished shall be based an the houdy rates and expenses in effect at the time of billing as stated in this Exhibit. V trt, /141 114 1 •Aldi.TIVII I 34$.ConasaurrApecN, 3.171.011111tdatiks. *A SM.,. Utilities Committee Minutes June 16, 2014 Page 2 UNANIMOUS a result of favorable bids in other projects. The total 2014 budget is $1,487,000.00. APPROVAL. FORWARD TO JUNE 23 , 2014 COMMITTEE OF THE WHOLE AND SPECIAL CONSENT AGEND A. D. Supplemental Agreement: Central Business District Sanitary Sewer Rehabilitation Project Staff is seeking Council approval of Supplemental Agreement No. 3 with RH2 Engineers in the amount of $63,124.00 for the CBD Sanitary Sewer Rehabilitation Project. This supplement would authorize RH2 to prepare two separate bid packages that would 1) design a repair for the failed sanitary sewer line between Andover Park East and Andover Park West, and 2) design a rehabilitation project to slip line sanitary sewer lines within CBD. These items were both included in one bid package earlier this year, and the only bid received was rejected by Council for being significantly over budget. Staff believes that separating the project into these two components will bring forward more favorable bids. If approved, Supplement No. 3 will bring the total contract to $23 2,235.00. Additional funds are available from the construction management budget. UNANIMOUS APPROVAL. FORWARD TO JUNE 23 , 2014 COMMITTEE OF THE WHOLE AND SPECIAL MEETING CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 5:32 p.m. Next meeting : Monday, July 7 , 2014 – 5:1 5 p.m. – Foster Conference Room Committee Chair Approval Minutes b y LH , Reviewed by GL DRAFT 116 Upcoming Meetings & Events June /July 2014 23rd (Monday) 24th (Tuesday) 25th (Wednesday) 26th (Thursday) 27th (Friday) 28th (Saturday) ➢ Human Services Advisory Board, 10:00 AM (Human Services Office, 6300 Southcenter Blvd,. Suite 115) ➢ Transportation Crate, 5:15 PM (Foster Conference Room) ➢ City Council Executive Session, 6:20 PM (Hazelnut Conference Room) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W. to be immediately followed by a Special Mtg. ➢ Community Affairs & Parks Crate, 5:30 PM (Hazelnut Conference Room) Planning Commission, Work Session Comprehensive Plan 6:30 PM (Council Chambers) ➢ Tukwila Metropolitan Park District Board of Commissioners, 5:30 PM (Council Chambers) ➢ Planning Commission, Public Hearing Comprehensive Plan 6:30 PM (Council Chambers) Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 -10:00 M dl" t" For location or information contact Sharon Mann 206- 200 -3616 30th (Monday) 1st (Tuesday) 2nd (Wednesday) 3rd (Thursday) 4th (Friday) 5th (Saturday) ➢ ,4#s Commission, ➢ Equity & Diversity Independence Day City offices closed -" c m } Cancelled ➢ Library Commission, Rescheduled to 7/10/14 Advis ry B ard, Cancelled Family 4th at Fort Dent Park 4:00 to 10:00 PM (Fireworks start at 10 PM) Activities, entertainment, food vendors and fun! For more information call 206 - 768 -2822 ➢ Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. ➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ➢ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room (A) Duwamish Hill Preserve design update. (B) An Intergovernmental Transfer Agreement with the Tukwila Pool Metropolitan Park District for the Tukwila Pool. ➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Trantina at 206 - 433 -1868. ➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room ➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. ➢ Planning Commission /Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670. ➢ Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room (A) Sound Transit's Long Range Plan Update. (B) SCATBd (C) Apprentice Procedures Update. ➢Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf Room 117 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. June 2 9 16 23 See agenda packet cover sheet for this week's agenda (June 23 2014 Committee of the Whole Meeting). July 7 Special Presentation: 14 Special Presentation: 21 Special Presentation: 28 National Night Out Against Crime Poster whiners. Proclamations: Duwam sh Hill Preserve Design Update. - Update from Sound Transit on Long Range Plan. Special Issues: -King County Committee to End Homelessness. - Budget Update 2015 - 2016. Proclamations: Proclamation for Parks and Recreation Month. Bid Awards: National Night Out Against Crime. BNSF funding access alternatives. A bid award for 2014 Overlay Program. Unfinished Business: - Construction Management contract for the 2014 Overlay Program. -An ordinance relating to Animal Control. - Interlocal Agreement with the Tukwila Pool Metropolitan Park District. - Amendment to Ethics Code. 118