HomeMy WebLinkAboutTIS 2024-07-22 COMPLETE AGENDA PACKETCity of Tukwila
Transportation and
Infrastructure Services
Committee
•:+ Armen Papyan, Chair
+ Dennis Martinez
÷ Hannah Hedrick
Distribution:
D. Martinez
A. Papyan
H. Hedrick
P. Mayer
G. Lerner (email)
Clerk File Copy
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to A. Le, A. Youn,
M. McCormick
AGENDA
MONDAY, JULY 22, 2024 — 5:30 PM
HYBRID MEETING — ONSITE AND VIRTUAL
DUWAMISH CONFERENCE ROOM, 6300 BUILDING, 2ND FLOOR
MS Teams: CLICK HERE TO JOIN THE "METING
Virtual Meeting - Members of the public may listen by dialing 1-253-292-9750 and entering conference ID 252508487#
Item
Recommended Action
Page
1. PRESENTATIONS
2. BUSINESS AGENDA
a) Franchise Agreement with Wholesail Networks
(Eric Compton)
b) Large Meter Water Replacement
Purchase Agreement (Adib Altallal)
c) Sewer Lift Station 5 Retrofit — Construction
Management Supplement, Amend #1 (Adib Altallal)
d) Sewer Lift Stations 12 Upgrade
Design Services Agreement (Adib Altallal)
a) Forward to the 08/05/2024
Regular Consent Agenda
b) Forward to the 08/05/2024
Regular Consent Agenda
c) Forward to the 08/05/2024
Regular Consent Agenda
d) Forward to the 08/05/2024
Regular Consent Agenda
Pg. 1
Pg. 47
Pg. 53
Pg. 74
Next Scheduled Meeting: 08/26/2024
15. The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206-433-0179 for assistance.
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation & Infrastructure Committee
FROM: Joel Bush, Chief Information Officer
BY: Eric Compton, Franchise Analyst
CC: Thomas McLeod
DATE: 07/03/2024
SUBJECT: Franchise Agreement with Wholesail Networks
ISSUE
Approve and ordinance granting Wholesail Networks a Franchise Agreement with a term of five
(5) years.
BACKGROUND
State law provides cities the authority to establish franchises to telecommunication providers
who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all
telecommunication providers to obtain franchise agreements with the City prior to approval to
construct, maintain and operate within the City limits.
DISCUSSION
Wholesail Networks, doing business as Ziply Fiber, is a local internet service provider providing
competition to incumbent providers like Century Link and Comcast. They do not have a
consumer presence in the City yet but they are looking to expand their coverage. They also
provide back -haul services to connect regions across the northwest. Wholesail is seeking to
upgrade the infrastructure they have in place, as well as expand into the consumer market in
Tukwila.
FINANCIAL IMPACT
Under the terms of the Franchise, Wholesail is required to pay the City a $5000 administrative
fee.
RECOMMENDATION
Council is being asked to approve the Ordinance granting Wholesail Networks a Franchise
Agreement and forward this item to the consent agenda at the August 05, 2024 Regular Council
Meeting.
ATTACHMENTS
Wholesail Networks Franchise Agreement
1
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING TO WHOLESAIL
NETWORKS, LLC, AND ITS AFFILIATES, SUCCESSORS,
AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY
AND NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
MAINTAIN, OPERATE, REPLACE, AND REPAIR A
TELECOMMUNICATIONS NETWORK IN, ACROSS, OVER,
ALONG, UNDER, THROUGH AND BELOW CERTAIN
DESIGNATED PUBLIC RIGHTS -OF -WAY IN THE CITY OF
TUKWILA; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Wholesail Networks, LLC (the "Franchisee" or "Wholesail") has requested
that the City Council grant a nonexclusive franchise (this "Franchise") for purposes of
operating and maintaining a telecommunications network; and
WHEREAS, the City Council has the authority to grant franchises for the use of its
streets and other public properties pursuant to RCW 35A.47.040; and
WHEREAS, the Tukwila Municipal Code requires persons who are seeking to operate
and maintain wireline telecommunications facilities in City rights -of -way to obtain a
franchise to do so; and
WHEREAS, the City is willing to grant the rights requested by Franchisee for a wireline
franchise subject to certain terms and conditions, which are acceptable to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Franchise. The franchise agreement, attached and incorporated herein
as Attachment A, is hereby approved and adopted by the Tukwila City Council. The term
of the franchise shall be for five (5) years, commencing on the date the last party executes
the franchise.
2024 Legislation: Wholesail Networks Franchise Agreement
Version: 07/05/2024
Staff: E. Compton
Page 1 of 2
2
Section 2. Terms & Conditions. The terms and conditions governing the franchise
specified in Section 1 shall be those set forth on Attachment A to this Ordinance and
incorporated herein by this reference as if set forth in full.
Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to
this Ordinance shall not become effective until its terms and conditions are accepted by
Wholesail Networks, LLC. Such acceptance shall contain any required letter of credit,
evidence of insurance, all applicable fees pursuant to Section 14 of the Franchise, and
shall be filed with the City Clerk within sixty (60) days after the effective date of this
Ordinance. Such instrument shall conform substantially to Attachment B, and evidence
the unconditional acceptance of the terms hereof and a promise to comply with and abide
by the provisions, terms and conditions hereof.
Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachments: Attachment A — Wholesail Networks, LLC, Franchise Agreement
Attachment B — Wholesail Networks, LLC, Statement of Acceptance
2024 Legislation: Wholesail Networks Franchise Agreement
Version: 07/05/2024
Staff: E. Compton
Page 2 of 2
3
ATTACHMENT A
[See attached.]
2024 Legislation: Wholesail Networks Franchise Agreement
Version: 07/05/2024
Staff: E. Compton
Page 3 of 2
4
TELECOMMUNICATIONS FRANCHISE
Between
CITY OF TUKWILA, WASHINGTON
and
WHOLESAIL NETWORKS, LLC
This Telecommunications Franchise is entered into by and between the City of Tukwila,
Washington a municipal corporation, hereinafter ("the City") and Wholesail Networks, who
is hereinafter known as (the "Franchisee"). The City and Franchisee are sometimes
referred to hereinafter collectively as the "parties."
Section 1. Franchise Granted.
Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to Franchisee
a non-exclusive franchise (the "Franchise") under the terms and conditions contained in
this franchise ordinance (the "Franchise Ordinance").
Section 1.2. This Franchise grants Franchisee the right, privilege, and authority
to construct, operate, maintain, replace, acquire, sell, lease and use all necessary
Facilities for a telecommunications network, in, under, on, across, over, through, along or
below the public Rights -of -Ways located in the City of Tukwila, as approved pursuant to
City permits issued pursuant to this Franchise and in accordance with all applicable
federal, state, and local codes.
(a) "Facilities" as used in this Franchise means one or more elements of
Franchisee's telecommunications network, with all necessary cables, wires,
conduits, ducts, pedestals, antennas, electronics, and other necessary
appurtenances; provided that placement by Franchisee of new utility poles is
specifically excluded unless otherwise specifically approved by the City.
Equipment enclosures with air conditioning or other noise generating equipment
are also excluded from "Facilities," to the extent such equipment is located in
zoned residential areas of the City. For the purposes of this Franchise the term
Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as
defined by RCW 80.36.375, and "macrocell" facilities, including towers and new
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base stations and other similar facilities (except for fiber optic cables) used for the
provision of "personal wireless services" as defined by RCW 80.36.375.
(b) Public "Rights -of -Way" means land acquired or dedicated to the public or
that is hereafter dedicated to the public and maintained under public authority,
including, but not limited to, public streets or roads, highways, avenues, lanes,
alleys, bridges, sidewalks, utility easements and similar public property located
within the franchise area but does not include: State highways; land dedicated for
road, streets, highways not opened and not improved for motor vehicle use by the
public; structures including poles and conduits located within the right-of-way;
federally granted trust lands or forest board trust lands; lands owned or managed
by the State Parks and Recreation Commission; federally granted railroad rights -
of -way acquired under 43 USC § 912 and related provisions of federal law that are
not open for vehicular use; or leasehold or City -owned property to which the City
holds fee title or other title and which is utilized for park, utility or a governmental
or proprietary use (for example, buildings, other City -owned physical facilities,
parks, poles, conduits, fixtures, real property or property rights owned or leased by
the City not reserved for transportation purposes).
Section 2. Authority Limited to Occupation of the Public Rights -of -Way
Section 2.1. The authority granted pursuant to this Franchise is a limited
authorization to occupy and use the Rights -of -Way throughout the City (the "Franchise
Area"). No right to install any facility, infrastructure, wires, lines, cables, or other
equipment, on any City property other than a Right -of -Way, or upon private property
without the owner's consent, or upon any public or privately owned utility poles or conduits
is granted herein. Franchisee hereby represents that it expects to provide the following
services within the City: high speed data and fiber optic services, internet protocol -based
services, internet access services, conduit and dark fiber leasing, telephone, exchange
access service, data transport and other telecommunications and information services
(the "Services"). Nothing contained herein shall be construed to grant or convey any right,
title, or interest in the Rights -of -Way of the City to the Franchisee other than for the
purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way
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as a public thoroughfare. Franchisee may not offer Cable Services as defined in 47
U.S.C. § 522(6) or personal wireless services, without obtaining a new franchise or an
amendment to this Franchise approved by the City Council.
Section 2.2. Notwithstanding the existence of this Franchise, the installation,
construction, maintenance, use, operation, replacement and removal by Franchisee of
any one or more Franchise Facilities will be subject to all applicable provisions of Title 11
TMC, including, but not limited to, the City's Infrastructure, Design, and Construction
Standards, adopted by the City's Public Works Department of Public Works, the terms
and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms
and conditions of City building permits issued pursuant to Title 16 TMC, and all other
applicable laws, rules and regulations.
Section 2.3. Upon sixty (60) days' written notice to the City, Franchisee shall have
the right to offer or provide capacity or bandwidth to its customers consistent with this
Franchise, provided:
(a) Franchisee at all times retains exclusive ownership over its
telecommunications system, Facilities and Services and remains responsible for
constructing, installing, and maintaining its Facilities pursuant to the terms and
conditions of this Franchise;
(b) Franchisee may not grant rights to any customer or lessee that are greater
than any rights Franchisee has pursuant to this Franchise, provided that leases or
other commercial arrangements for the use of the Facilities installed pursuant to
this Franchise may extend beyond the term of the Franchise;
(c) Such customer or lessee shall not be construed to be a third -party
beneficiary under this Franchise; and
(d) No such customer or lessee may use the telecommunications system or
Services for any purpose not authorized by this Franchise, unless such rights are
otherwise granted by the City.
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Section 3. Non -Exclusive Franchise.
Section 3.1. This Franchise is granted to the Franchisee upon the express
condition and understanding that it shall be a non-exclusive Franchise which shall not in
any manner prevent or hinder the City from granting to other parties, at other times and
under such terms and conditions as the City, in its sole discretion, may deem appropriate,
other franchises or similar use rights in, on, to, across, over, upon, along, under or through
any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or
prohibit the City from using any of the roads, Public Rights -of -Way or other public
properties covered or affected by this Franchise, nor shall this Franchise affect the City's
jurisdiction, authority or power over any of them, in whole or in part. The City expressly
retains its power to make or perform any and all changes, relocations, repairs,
maintenance, establishments, improvements, dedications, or vacations of or to any of the
roads, Public Rights -of -Way or other public properties covered or affected by the
Franchise as the City may, in its sole and absolute discretion, deem fit, including the
dedication, establishment, maintenance and/or improvement of new Public Rights -of -
Way, thoroughfares and other public properties of every type and description.
Section 4. Term; Early Termination.
Section 4.1. The initial term of the Franchise shall be fora period of five (5) years
(the "Initial Term"), beginning on the Effective Date of the Franchise, and continuing until
the date that is one day prior to the fifth anniversary of the Effective Date (the "Initial Term
Expiration Date"), unless earlier terminated, revoked or modified pursuant to the
provisions of this Franchise.
Section 4.2. The Franchise granted by this Ordinance shall automatically renew
on the fifth anniversary of the Effective Date with the same terms and conditions as set
forth in this Franchise, for one (1) additional five (5) year (the "Renewal Term," and,
together with the Initial Term, the "Term"), unless either party provides one hundred
twenty (120) days written notice to the other party to request an amendment to the
Franchise.
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Section 5. Location of Facilities.
Section 5.1. Franchisee is maintaining a telecommunications network, consisting
of Facilities within the City. Franchisee may locate its Facilities anywhere within the
Franchise Area consistent with the City's Infrastructure, Design and Construction
standards and the Tukwila Municipal Code and subject to the City's applicable permit
requirements. Franchisee shall not commence any construction or other similar work
within a Public Right -of -Way until (i) a right-of-way use permit authorizing such work has
been issued by the City pursuant to Title 11 TMC for a site -specific location or installation,
including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building
permit authorizing such work has been issued by the City.
Section 5.2. To the extent that any Rights -of -Way within the Franchise Area are
part of the state highway system ("State Highways"), are considered managed access by
the City and are governed by the provisions of Chapter 47.24 RCW and applicable
Washington State Department of Transportation (WSDOT) regulations, Franchisee shall
comply fully with said requirements in addition to local ordinances and other applicable
regulations. Franchisee specifically agrees that:
(a) any pavement trenching and restoration performed by Franchisee within
State Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be
restored, repaired and/or replaced by Franchisee to a condition that meets or
exceeds applicable WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized
to enforce in an action brought in the name of the State of Washington any
condition of this Franchise with respect to any portion of a State Highway.
Section 6. Relocation of Facilities
Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice,
it will promptly, at its sole cost and expense, protect, support, temporarily disconnect,
relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities
when so required by the City due to any of the following reasons: (i) traffic conditions,
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(ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or
improvement thereof, (iv) widening and/or improvement of existing rights -of -way,
(v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road
grade, or (viii) the construction of any public improvement or structure by any
governmental agency acting in a governmental capacity; PROVIDED that the Franchisee
shall generally have the privilege to temporarily bypass, in the authorized portion of the
same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee
Facilities required to be temporarily disconnected or removed. The provisions of this
Section 6 apply to all Franchisee Facilities wheresoever situated within any Public Right -
of -Way, regardless of whether the Franchisee Facility at issue was originally placed in
such location under the authority of an easement or other property interest prior to the
property becoming a Public Right -of -Way. For the avoidance of doubt, such projects shall
include any Right -of -Way improvement project, even if the project entails, in part, related
work funded and/or performed by or for a third party, provided that such work is performed
for the public benefit, and not primarily for the benefit of a private entity, and shall not
include, without limitation, any other improvements or repairs undertaken by or for the
sole benefit of third party private entities. Collectively all such projects described in this
Section 6.1 shall be considered a "Public Project". Except as otherwise provided by law,
the costs and expenses associated with relocations or disconnections ordered pursuant
to this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise
shall limit Franchisee's ability to seek reimbursement for relocation costs when permitted
by RCW 35.99.060.
Section 6.2. Upon the request of the City and in order to facilitate the design of
City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and
expense, to locate and, if reasonably determined necessary by the City, to excavate and
expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection
so that the location of the facilities may be taken into account in the Public Project design;
PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee
Facilities for inspection unless Franchisee's record drawings and maps of the Franchisee
Facilities submitted pursuant to Section 13 of this Franchise are reasonably determined
by the Public Works Director to be inadequate for the City's planning purposes. The
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decision to require relocation of any Franchisee Facilities in order to accommodate Public
Projects shall be made by the Public Works Director upon review of the location and
construction of the Franchisee Facilities at issue. Where the City incurs additional costs
in performing any maintenance, operation, or improvement of or to public facilities due to
measures taken by the City to avoid damaging or to otherwise accommodate one or more
Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such
additional costs promptly upon receiving the City's invoice for same.
Section 6.3. Any condition or requirement imposed by the City upon any person
or entity (including, without limitation, any condition or requirement imposed pursuant to
any contract or in conjunction with approvals for permits for zoning, land use, construction
or development) which reasonably necessitates the relocation of any Franchisee
Facilities shall constitute a required relocation for purposes of this Section 6.
Section 6.4. If the City determines that the Public Project necessitates the
relocation of Franchisee's Facilities, the City shall provide Franchisee in writing with a
date by which the relocation shall be completed (the "Relocation Date") consistent with
RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with
Franchisee and consider the extent of facilities to be relocated, the services requirements,
and the construction sequence for the relocation, within the City's overall project
construction sequence and constraints, to safely complete the relocation, and the City
shall endeavor to provide Franchisee at least sixty (60) days' notice prior to the Relocation
Date. Franchisee shall complete the relocation by the Relocation Date, unless the City
or a reviewing court establishes a later date for completion, as described in RCW
35.99.060(2). To provide guidance on this notice process, the City will make reasonable
efforts to involve Franchisee in the predesign and design phases of any Public Project.
After receipt of the written notice containing the Relocation Date, Franchisee shall
relocate such facilities to accommodate the Public Project consistent with the timeline
provided by the City and at no charge or expense to the City. Such timeline may be
extended by a mutual agreement.
Section 6.5. If Franchisee fails to complete this work within the time prescribed
above and to the City's satisfaction, the City may cause such work to be done and bill the
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cost of the work to Franchisee, including all costs and expenses incurred by the City due
to Franchisee's delay. In such event, the City shall not be liable for any damage to any
portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of
those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely
relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment,
and that delay results in any delay damage accrued by or against the City, Franchisee
will be liable for all documented costs of construction delays attributable to Franchisee's
failure to timely act. Franchisee reserves the right to challenge any determination by the
City of costs for construction delays related to an alleged failure to act in accordance with
this Section 6.5.
Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs
of defending the City, in accordance with the provisions of Section 19 against any and all
claims, suits, actions, damages, or liabilities for delays on City construction projects
caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in
a timely manner; provided, that Franchisee shall not be responsible for damages due to
delays caused by circumstances beyond the control of Franchisee or the negligence,
willful misconduct, or unreasonable delay of the City or any unrelated third party.
Section 6.7. In the event of an emergency posing a threat to public safety or
welfare, or in the event of an emergency beyond the control of the City which will result
in severe financial consequences to the City, which necessitates the relocation of
Franchisee's Facilities, Franchisee shall relocate its Facilities within the time period
specified by the City.
Section 6.8. The provisions of this Section 6 shall in no manner preclude or
restrict Franchisee from making any arrangements it may deem appropriate when
responding to a request for relocation of its Facilities by any person or entity other than
the City, where the facilities to be constructed by said person or entity are not or will not
become City -owned, operated, or maintained facilities, provided that such arrangements
do not unduly delay a City construction project.
Section 6.9. Whenever any person shall have obtained permission from the City
to use any Right -of -Way for the purpose of moving any building, Franchisee, upon thirty
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(30) days' written notice from the City, shall raise, remove, or relocate to another part of
the Right -of -Way, at the expense of the person desiring to move the building, any of
Franchisee's Facilities that may obstruct the removal of such building.
Section 6.10. The provisions of this Section 6 shall survive the expiration,
revocation, abandonment or termination of this Franchise during such time as Franchisee
continues to have Facilities in the Rights -of -Way.
Section 7. Undergrounding of Facilities.
Section 7.1. Except as specifically authorized by permit of the City, Franchisee
shall not be permitted to erect poles. All Facilities shall be installed underground.
Franchisee acknowledges and agrees that if the City does not require the undergrounding
of its Facilities at the time of permit application, the City may, at any time in the future,
require the conversion of Franchisee's aerial facilities to underground installation at
Franchisee's expense; provided that the City requires all other wireline utilities, except
electrical utilities, with aerial facilities in the area to convert such facilities to underground
installation at the same time. Unless otherwise permitted by the City, Franchisee shall
underground its Facilities in all new developments and subdivisions, and any
development or subdivision where all utilities, other than electrical utilities, are currently
underground.
Section 7.2. Whenever the City may require the undergrounding of the aerial
utilities (other than electrical utilities and personal wireless services facilities) in any area
of the City, Franchisee shall underground its aerial facilities in the manner specified by
the City, concurrently with and in the area of the other affected utilities. The location of
any such relocated and underground utilities shall be approved by the City. Where other
utilities are present and involved in the undergrounding project, Franchisee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to the costs
specifically attributable to the undergrounding of Franchisee's own Facilities. "Common
costs" shall include necessary costs not specifically attributable to the undergrounding of
any particular facility, such as costs for common trenching and utility vaults. "Fair share"
shall be determined for a project on the basis of the number and size of Franchisee's
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Facilities being undergrounded in comparison to the total number and size of all other
utility facilities being undergrounded.
Section 7.3. To the extent Franchisee is providing Services to personal wireless
services facilities, Franchisee shall adhere to the design standards for such personal
wireless services facilities, and shall underground its Facilities and/or place its Facilities
within the pole as may be required by such design standards. For the purposes of clarity,
this Section 7.3 does not require undergrounding or interior placement of Facilities within
the pole to the extent that the personal wireless services facilities are located on utility
poles that have pre-existing aerial wireline facilities and provided such construction of
Franchisee's Facilities continue to comply with Section 7.1 or Section 7.2.
Section 7.4. Franchisee shall not remove any underground cable or conduit that
requires trenching or other opening of the Rights -of -Way along the extension of cable to
be removed, except as provided in this Section 7.4. Franchisee may remove any
underground cable and other related facilities from the Right -of -Way that has been
installed in such a manner that it can be removed without trenching or other opening of
the Right -of -Way along the extension of cable to be removed, or if otherwise permitted by
the City. Franchisee may remove any underground cable from the Rights -of -Way where
reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to
Section 6. When the City determines, in the City's sole discretion, that Franchisee's
underground Facilities must be removed in order to eliminate or prevent a hazardous
condition, Franchisee shall remove the cable or conduit at Franchisee's sole cost and
expense. Franchisee must apply and receive a permit, pursuant to Section 9, prior to any
such removal of underground cable, conduit and other related facilities from the Right -of -
Way and must provide as -built plans and maps pursuant to Section 13.1.
Section 7.5. Both the City and Franchisee shall be entitled to reasonable access
to open utility trenches, provided that such access does not interfere with the other party's
placement of utilities or increase such party's actual costs. Franchisee shall pay to the
City the actual cost to the City resulting from providing Franchisee access to an open
trench, including without limitation the pro rata share of the costs to access the open
trench and any costs associated with the delay of the completion of a public works project.
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The City shall pay to the Franchisee the incremental costs of providing such access to
the open trench.
Section 7.6. The provisions of this Section 7 shall survive the expiration,
revocation, abandonment or termination of this Franchise. Nothing in this Section 7 shall
be construed as requiring the City to pay any costs of undergrounding any of the
Franchisee's Facilities.
Section 8. Emergency Work/Dangerous Conditions.
Section 8.1. In the event of any emergency in which any of Franchisee's Facilities
located in or under any street endangers the property, life, health or safety of any person,
or if Franchisee's construction area is otherwise in such a condition as to immediately
endanger the property, life, health or safety of any individual, Franchisee shall
immediately take the proper emergency measures to repair its Facilities, to cure or
remedy the dangerous conditions for the protection of property, life, health or safety of
individuals without first applying for and obtaining a permit as required by this Franchise.
However, this shall not relieve Franchisee from the requirement of obtaining any permits
necessary for this purpose, and Franchisee shall apply for all such permits not later than
the next succeeding day during which the Tukwila City Hall is open for business. The City
retains the right and privilege to cut or move any Facilities located within the Rights -of -
Way of the City, in response to any public health or safety emergency and Franchisee
shall be liable to the City for the costs thereof.
Section 8.2. The City shall not be liable for any damage to or loss of Facilities
within the Rights -of -Way as a result of or in connection with any public works, public
improvements, construction, grading, excavation, filling, or work of any kind in the Rights -
of -Way by or on behalf of the City, except to the extent directly and proximately caused
by sole negligence, intentional misconduct or criminal actions of the City, its employees,
contractors, or agents. The City shall further not be liable to Franchisee for any direct,
indirect, or any other such damages suffered by any person or entity of any type as a
direct or indirect result of the City's actions under this Section 8 except to the extent
caused by the sole negligence, intentional misconduct or criminal actions of the City, its
employees, contractors, or agents.
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Section 8.3. Whenever the construction, installation or excavation of Facilities
conducted by Franchisee as authorized by this Franchise has caused or materially
contributed to a condition that appears to substantially impair the lateral support of the
adjoining street or public place, or endangers the public, an adjoining public place, street
utilities or City property, the Public Works Director may direct Franchisee, at Franchisee's
own expense, to take reasonable action to protect the public, adjacent public places, City
property or street utilities, and such action may include compliance within a prescribed
time. In the event that Franchisee fails or refuses to promptly take the actions directed
by the City, or fails to fully comply with such directions, or if emergency conditions exist
which require immediate action, before the City can timely contact Franchisee to request
Franchisee effect the immediate repair, the City may enter upon the property and take
such reasonable actions as are necessary to protect the public, the adjacent streets, or
street utilities, or to maintain the lateral support thereof, or reasonable actions regarded
as necessary safety precautions, and Franchisee shall be liable to the City for the costs
thereof.
Section 9. Work in the Rights -of -Way.
Section 9.1. During any period of relocation, construction or maintenance, all
work performed by Franchisee or its contractors shall be accomplished in a safe and
workmanlike manner, so to minimize interference with the free passage of traffic and the
free use of adjoining property, whether public or private. Franchisee shall at all times post
and maintain proper barricades, flags, flaggers, lights, flares and other measures as
required for the safety of all members of the general public and comply with all applicable
safety regulations during such period of construction as required by the ordinances of the
City or the laws of the State of Washington, including RCW 39.04.180 for the construction
of trench safety systems.
Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way
for the purpose of excavation, installation, construction, repair, maintenance, or relocation
of its cable or equipment, it shall apply to the City for a permit to do so and, in addition,
shall give the City at least ten (10) working days prior notice (except in the case of an
emergency) of its intent to commence work in the Rights -of -Way. The City shall only
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issue permits that are in compliance with the TMC and the City's generally applicable
design standards. During the progress of the work, the Franchisee shall not
unnecessarily obstruct the passage or proper use of the Rights -of -Way, and all work by
the Franchisee in the area shall be performed in accordance with applicable City
standards and specifications. In no case shall any work commence within any Rights -of -
Way without a permit, except as otherwise provided in this Franchise.
Section 9.3. If the Franchisee shall at any time plan to make excavations in any
area covered by this Franchise and as described in this Section 9.3, the Franchisee shall
afford the other, upon receipt of a written request to do so, an opportunity to share such
excavation, PROVIDED THAT:
(a) Such joint use shall not unreasonably delay the work of the Franchisee
causing the excavation to be made;
(b) Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may deny such request for safety reasons.
Section 9.4. Except for emergency situations, Franchisee shall give at least
seven (7) days' prior notice of intended construction to residents in the affected area prior
to any underground construction or disturbance. Such notice shall contain the dates,
contact number, nature and location of the work to be performed. At least twenty-four
(24) hours prior to entering private property or streets or public easements adjacent to or
on such private property, Franchisee shall physically post a notice on the property
indicating the nature and location of the work to be performed. Door hangers are
permissible methods of notifications to residents. Franchisee shall make a good faith
effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles
and existing cable paths), consistent with sound engineering practices. Following
performance of the work, Franchisee shall restore the private property as nearly as
possible to its condition prior to construction, except for any change in condition not
caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements
on private property caused by Franchisee's work shall, at the sole expense of Franchisee,
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be promptly repaired and restored to the reasonable satisfaction of the property
owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right
to enter onto private property without the permission of such private property owner, or
as otherwise authorized by applicable law.
Section 9.5. Upon receipt of a permit (except in emergency situations),
Franchisee may trim trees upon and overhanging on public ways, streets, alleys,
sidewalks, and other public places of the City so as to prevent the branches of such trees
from coming in contact with Franchisee's Facilities. The right to trim trees in this Section
9.5 shall only apply to the extent necessary to protect above ground Facilities.
Franchisee's tree trimming activities shall protect the appearance, integrity, and health of
the trees to the extent reasonably possible. Franchisee shall be responsible for all debris
removal from such activities. All trimming shall be at the expense of Franchisee.
Franchisee may contract for such services, however, any firm or individual so retained
must first receive City approval prior to commencing such trimming. Nothing herein
grants Franchisee any authority to act on behalf of the City, to enter upon any private
property, or to trim any tree or natural growth not owned by the City except to the extent
it is necessary that Franchisee trims trees or vegetation upon, overhanging, or
encroaching on public ways, streets, alleys, sidewalks, and other public places of the City
so as to prevent such vegetation from coming in contact with Franchisee's Facilities.
Franchisee shall be solely responsible and liable for any damage to any third parties'
trees or natural growth caused by Franchisee's actions. Franchisee shall indemnify,
defend and hold harmless the City from third -party claims of any nature arising out of any
act or negligence of Franchisee with regard to tree and/or natural growth trimming,
damage, and/or removal. Franchisee shall reasonably compensate the City or the
property owner for any damage caused by trimming, damage, or removal by Franchisee.
Except in an emergency situation, all tree trimming must be performed under the direction
of an arborist certified by the International Society of Arboriculture, unless otherwise
approved by the Public Works Director or designee.
Section 9.6. Franchisee shall meet with the City and other franchise holders and
users of the Rights -of -Way upon written notice as determined by the City, to schedule
and coordinate construction in the Rights -of -Way. All construction locations, activities,
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and schedules shall be coordinated, as ordered by the City to minimize public
inconvenience, disruption or damages.
Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights -
of -Way and provide the City with an opportunity to request that Franchisee provide the
City with additional duct or conduit and related structures necessary to access the conduit
pursuant to RCW 35.99.070 and TMC 11.32.090(C)(1).
Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall
follow established procedures, including contacting the Utility Notification Center in
Washington and comply with all applicable State statutes regarding the One Call Locator
Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the
City, Franchisee shall locate its Facilities consistent with the requirements of Chapter
19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or
for interruptions in service to Franchisee's customers that are a direct result of
Franchisee's failure to locate its Facilities within the prescribed time limits and guidelines
established by the One Call Locator Service regardless of whether the City issued a
permit.
Section 9.9. The provisions of this Section 9 shall survive the expiration,
revocation, abandonment, or termination of this Franchise.
Section 10. Restoration.
Section 10.1. Franchisee shall, after installation, construction, relocation,
maintenance, or repair of its Facilities, or after abandonment approved pursuant to
Section 22, promptly remove any obstructions from the Rights -of -Way and restore the
surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in
immediately prior to any such installation, construction, relocation, maintenance or repair,
provided Franchisee shall not be responsible for any changes to the Rights -of -Way not
caused by Franchisee. The Public Works Director or designee shall have final approval
of the condition of such Rights -of -Way after restoration. All concrete encased survey
monuments that have been disturbed or displaced by such work shall be restored
pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and
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specifications.
Section 10.2. Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area
at its sole cost and expense and according to the time and terms specified in the
construction permit issued by the City. All work by Franchisee pursuant to this Franchise
shall be performed in accordance with applicable City standards.
Section 10.3. If conditions (e.g. weather) make the complete restoration required
under Section 10 impracticable, Franchisee shall temporarily restore the affected Right -
of -Way or property. Such temporary restoration shall be at Franchisee's sole cost and
expense. Franchisee shall promptly undertake and complete the required permanent
restoration when conditions no longer make such permanent restoration impracticable.
Section 10.4. In the event Franchisee does not repair a Right -of -Way or an
improvement in or to a Right -of -Way within the time reasonably directed to by the Public
Works Director, or designee, the City may repair the damage and shall be reimbursed its
actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance
with the provisions of Section 14.3 and Section 14.4. In addition, and pursuant to Section
14.3 and Section 14.4, the City may bill Franchisee for expenses associated with the
inspection of such restoration work. The failure by Franchisee to complete such repairs
shall be considered a breach of this Franchise and is subject to remedies by the City
including the imposition of damages consistent with Section 24.
Section 10.5. The provisions of this Section 10 shall survive the expiration,
revocation, abandonment, or termination of this Franchise.
Section 11. Safety Requirements.
Section 11.1. Franchisee shall, at all times, employ professional care and shall
install and maintain and use industry -standard methods for preventing failures and
accidents that are likely to cause damage, injuries, or nuisances to the public. All
structures and all lines, equipment, and connections in, over, under, and upon the Rights -
of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe
condition. Franchisee shall comply with all federal, State, and City safety requirements,
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rules, regulations, laws, and practices, and employ all necessary devices as required by
applicable law during the construction, operation, maintenance, upgrade, repair, or
removal of its Facilities. By way of illustration and not limitation, Franchisee shall also
comply with the applicable provisions of the National Electric Code, National Electrical
Safety Code, FCC regulations, and Occupational Safety and Health Administration
(OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general
right to inspect the Facilities to evaluate if they are constructed and maintained in a safe
condition.
Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist,
and becomes known to the City, the City agrees to give Franchisee written notice of such
condition and afford Franchisee a reasonable opportunity to repair the same. If
Franchisee fails to start to make the necessary repairs and alterations within the time
frame specified in such notice (and pursue such cure to completion), then the City may
make such repairs or contract for them to be made. All costs, including administrative
costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee
and reimbursed to the City pursuant to Section 14.3 and Section 14.4.
Section 11.3. Additional safety standards include:
(a) Franchisee shall endeavor to maintain all equipment lines and facilities in
an orderly manner, including, but not limited to, the removal of all bundles of
unused cable on any aerial facilities.
(b) All installations of equipment, lines, and ancillary facilities shall be installed
in accordance with industry -standard engineering practices and shall comply with
all federal, State, and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights -of -Way or other public places
made by Franchisee in the course of its operations shall be protected by
Franchisee at all times by the placement of adequate barriers, fences, or boarding,
the bounds of which, during periods of dusk and darkness, shall be clearly marked
and visible.
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Section 11.4. Stop Work Order. On notice from the City that any work is being
performed contrary to the provisions of this Franchise, or in an unsafe or dangerous
manner as determined by the City, or in violation of the terms of any applicable permit,
laws, regulations, ordinances, or standards, the work may immediately be stopped by the
City. The stop work order shall:
(a) Be in writing;
(b) Be given to the person doing the work or posted on the work site;
(c) Be sent to Franchisee by overnight delivery;
(d) Indicate the nature of the alleged violation or unsafe condition; and
(e) Establish conditions, consistent with the applicable laws, regulations,
ordinances or generally applicable standards under which work may be resumed.
Section 12. Work of Contractors and Subcontractors.
Section 12.1. Franchisee's contractors and subcontractors shall be licensed and
bonded in accordance with State law and the City's ordinances, regulations, and
requirements. Work by contractors and subcontractors are subject to the same
restrictions, limitations, and conditions as if the work were performed by Franchisee.
Franchisee shall be responsible for all work performed by its contractors and
subcontractors and others performing work on its behalf as if the work were performed by
Franchisee and shall ensure that all such work is performed in compliance with this
Franchise and applicable law.
Section 13. Maps and Records.
Section 13.1. The Franchisee agrees and covenants that it shall, within 10 days of
substantial completion of any construction project involving a Public Right -of -Way,
provide to the City, at no cost to the City, accurate copies of as -built plans and maps
stamped and signed by a professional land surveyor or engineer in a form and content
acceptable to the Public Works Director or designee.
Section 13.2. Within thirty (30) days of a written request from the Public Works
Director, the Franchisee shall furnish the City with information sufficient to demonstrate:
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(1) that the Franchisee has complied with all applicable requirements of this Franchise;
and (2) that all taxes, including but not limited to sales, utility and/or telecommunications
taxes, due the City in connection with the Franchisee's services and Facilities provided
by the Franchisee have been properly collected and paid by the Franchisee.
Section 13.3. Books, records, maps, and other documents maintained by
Franchisee with respect to its Facilities within the Rights -of -Way and which are
reasonably necessary to demonstrate compliance with the terms of this Franchise, shall,
after reasonable prior notice from the City, be made available for inspection by the City
at reasonable times and intervals but no more than one time each calendar year or upon
the City's reasonable belief that there has been a violation of this Franchise by
Franchisee; provided, however, that nothing in this Section 13.3 shall be construed to
require Franchisee to violate state or federal law regarding customer privacy, nor shall
this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential
information without adequate safeguards for its confidential or proprietary nature. Unless
otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall
be construed as permission to withhold relevant customer data from the City that the City
requests in conjunction with a tax audit or review; provided, however, Franchisee may
redact identifying information such as names, street addresses (excluding City and zip
code), Social Security Numbers, or Employer Identification Numbers related to any
confidentiality agreements Franchisee has with third parties.
Section 13.4. Franchisee shall not be required to disclose information that it
reasonably deems to be proprietary or confidential in nature; provided, however,
Franchisee shall disclose such information to comply with a utility tax audit, or in the event
the City is permitted to charge franchise fees as further described in Section 15.1, or as
otherwise required in this Franchise. Franchisee shall be responsible for clearly and
conspicuously identifying the work as confidential, trade secret, or proprietary, and shall
provide a brief written explanation as to why such information is confidential and how it
may be treated as such under State or federal law. In the event that the City receives a
public records request under Chapter 42.56 RCW or similar law for the disclosure of
information Franchisee has designated as confidential, trade secret, or proprietary, the
City shall promptly provide written notice of such disclosure so that Franchisee may take
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appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City
from complying with Chapter 42.56 RCW or any other applicable law or court order
requiring the release of public records, and the City shall not be liable to Franchisee for
compliance with any law or court order requiring the release of public records. The City
shall comply with any injunction or court order obtained by Franchisee that prohibits the
disclosure of any such confidential records; however, in the event a higher court overturns
such injunction or court order and such higher court action is or has become final and
non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed
for failure to disclose such records as required hereunder within sixty (60) days of a
request from the City.
Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City
shall have the right to conduct an independent audit of Franchisee's records reasonably
related to the administration or enforcement of this Franchise and the collection of utility
taxes, in accordance with GAAP. If the audit shows that tax payments have been
underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit.
Section 14. Costs and Fees.
Section 14.1. Franchisee shall pay a one-time fee for the actual administrative
expenses incurred by the City that are directly related to the receiving and approving this
Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal
costs incurred in drafting and processing this Franchise, not to exceed $5,000. No
construction permits shall be issued for the installation of Facilities authorized until such
time as the City has received payment of this fee; further, this Franchise shall be
considered void if the fee is not paid within ninety (90) days of receipt of the invoice.
Franchisee shall further be subject to all permit fees associated with activities undertaken
through the authority granted in this Franchise or under the laws of the City. Where the
City incurs costs and expenses for review, inspection, or supervision of activities,
including but not limited to reasonable fees associated with attorneys, consultants, City
Staff and City Attorney time, undertaken through the authority granted in this Franchise
or any ordinances relating to the subject for which a permit fee is not established,
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Franchisee shall pay such costs and expenses directly to the City in accordance with the
provisions of Section 14.3.
Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the
City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all
costs the City reasonably incurs in response to any emergency situation involving
Franchisee's Facilities, to the extent said emergency is not the fault of the City.
Section 14.3. Consistent with state law, Franchisee shall reimburse the City within
sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs,
itemized by project, for Franchisee's proportionate share of all actual, identified expenses
incurred by the City in planning, constructing, installing, repairing, altering, or maintaining
any City facility as the result of the presence of Franchisee's Facilities in the Right -of -
Way. Such costs and expenses shall include but not be limited to Franchisee's
proportionate cost of City personnel assigned to oversee or engage in any work in the
Right -of -Way as the result of the presence of Franchisee's Facilities in the Right -of -Way.
Such costs and expenses shall also include Franchisee's proportionate share of any time
spent reviewing construction plans in order to either accomplish the relocation or rerouting
of Franchisee's Facilities for any City public works project.
Section 14.4. The time of City employees shall be charged at their respective rate
of salary, including overtime if applicable, plus benefits and reasonable overhead. Any
other costs will be billed proportionately on an actual cost basis. All billings will be
itemized so as to specifically identify the costs and expenses for each project for which
the City claims reimbursement. A charge for the actual costs incurred in preparing the
billing may also be included in said billing. Billing will be made on a monthly basis.
Section 15. City's Reservation of Rights
Section 15.1. Franchisee hereby represents that its operations as authorized
under this Franchise are those of a telephone business as defined in RCW 82.16.010, or
service provider as defined in RCW 35.21.860. As a result, the City will not impose a
Franchise fee under the terms of this Franchise, other than as described herein. The City
hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's
operations as authorized by this Franchise change such that the statutory prohibitions of
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RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees
are removed. In either instance, the City also reserves its right to require that Franchisee
obtain a separate Franchise for its change in use. Nothing contained herein shall
preclude Franchisee from challenging any such new fee or separate agreement under
applicable federal, State, or local laws.
Section 15.2. Franchisee acknowledges that its operation with the City
constitutes a telecommunications business subject to the utility tax imposed pursuant to
the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business
activities are subject to taxation as a telephone business and that Franchisee shall pay
to the City the rate applicable to such taxable services under TMC Chapter 3.50, and
consistent with state and federal law. The parties agree however, that nothing in this
Franchise shall limit the City's power of taxation as may exist now or as later imposed by
the City. This provision does not limit the City's power to amend TMC Chapter 3.50 as
may be permitted by law. Nothing in this Franchise is intended to alter, amend, modify
or expand the taxes and fees that may be lawfully assessed on Franchisee's Services.
Section 16. Police Powers and City Ordinances.
Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the
City's ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of the Franchise granted by this Franchise Ordinance,
including, but not limited to, any valid ordinance made in the exercise of the City's police
powers in the interest of public safety and for the welfare of the public. The City shall
have the authority at all times to control by appropriate regulations, including design
standards and utility accommodation policies, the location, elevation, manner of
construction, and maintenance of any Franchisee Facilities located within any Public
Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly
conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law or be deemed discriminative under the
Telecommunication Act of 1996. In the event of a conflict between the regulatory
provisions of this Franchise Ordinance and any other ordinance(s) enacted under the
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City's police power authority, such other ordinance(s) shall take precedence over the
regulatory provisions set forth herein.
Section 17. Limitation of City's Liability.
Section 17.1. Administration by the City of the Franchise granted by this Franchise
Ordinance shall not be construed to create the basis for any liability to any third party on
the part of the City, its elected and appointed officials, officers, employees, and agents
for any injury or damage from the failure of the Franchisee to comply with the provisions
of this Franchise Ordinance; by reason of any plan, schedule or specification review,
inspection, notice and order, permission, or other approval or consent by the City; for any
action or inaction thereof authorized or done in connection with the implementation or
enforcement of the Franchise by the City; or for the accuracy of plans submitted to the
City.
Section 18. Compliance with All Applicable Laws.
Section 18.1. Each party agrees to comply with all present and future federal, state
and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive
any rights they may have under any such laws, rules or regulations. This Franchise is
subject to ordinances of general applicability enacted pursuant to the City's police powers.
Franchisee further agrees to remove all liens and encumbrances arising as a result of
said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe
condition, in good repair and in a manner reasonably suitable to the City. Additionally,
Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious
or offensive nature or which would create a hazard or undue vibration, heat, noise or any
interference with City services. City reserves the right at any time to amend this Franchise
to conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City ordinance enacted pursuant to such federal or state statute or
regulation when such statute, regulation, or ordinance necessitates this Franchise be
amended in order to remain in compliance with applicable laws, but only upon providing
Franchisee with thirty (30) days written notice of its action setting forth the full text of the
amendment and identifying the statute, regulation, or ordinance requiring the amendment.
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Said amendment shall become automatically effective upon expiration of the notice period
unless, before expiration of that period, Franchisee makes a written request for
negotiations over the terms of the amendment. If the parties do not reach agreement as
to the terms of the amendment within thirty (30) days of the call for negotiations, either
party may pursue any available remedies at law or in equity.
Section 19. Indemnification
Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to
indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers,
elected and appointed officials, and contractors from any and all claims, costs, judgments,
awards, or liability to any person, for injury or death of any person, or damage to property
caused by or arising out of any acts or omissions of Franchisee, its agents, servants,
officers, or employees in the performance of this Franchise and any rights granted within
this Franchise.
Section 19.2. Inspection or acceptance by the City of any work performed by
Franchisee at the time of completion of construction shall not be grounds for avoidance
by Franchisee of any of its obligations under this Section 19. These indemnification
obligations shall extend to claims that are not reduced to a suit and any claims that may
be compromised, with Franchisee's prior written consent, prior to the culmination of any
litigation or the institution of any litigation.
Section 19.3. The City shall promptly notify Franchisee of any claim or suit and
request in writing that Franchisee indemnify the City. Franchisee may choose counsel to
defend the City subject to this Section 19.3. City's failure to so notify and request
indemnification shall not relieve Franchisee of any liability that Franchisee might have,
except to the extent that such failure prejudices Franchisee's ability to defend such claim
or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim,
as required pursuant to the indemnification provisions within this Franchise, and said
refusal is subsequently determined by a court having jurisdiction (or such other tribunal
that the parties shall agree to decide the matter), to have been a wrongful refusal on the
part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of
the action, including all expert witness fees, costs, and attorney's fees, and including
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costs and fees incurred in recovering under this indemnification provision. If separate
representation to fully protect the interests of both parties is necessary, such as a conflict
of interest between the City and the counsel selected by Franchisee to represent the City,
then upon the prior written approval and consent of Franchisee, which shall not be
unreasonably withheld, the City shall have the right to employ separate counsel in any
action or proceeding and to participate in the investigation and defense thereof, and
Franchisee shall pay the reasonable fees and expenses of such separate counsel, except
that Franchisee shall not be required to pay the fees and expenses of separate counsel
on behalf of the City for the City to bring or pursue any counterclaims or interpleader
action, equitable relief, restraining order or injunction. The City's fees and expenses shall
include all out-of-pocket expenses, such as consultants and expert witness fees, and shall
also include the reasonable value of any services rendered by the counsel retained by
the City but shall not include outside attorneys' fees for services that are unnecessarily
duplicative of services provided the City by Franchisee. Each party agrees to cooperate
and to cause its employees and agents to cooperate with the other party in the defense
of any such claim and the relevant records of each party shall be available to the other
party with respect to any such defense.
Section 19.4. The parties acknowledge that this Franchise may be subject to
RCW 4.24.115. Accordingly, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of Franchisee and the City, its officers, officials, employees, and volunteers,
Franchisee's liability shall be only to the extent of Franchisee's negligence. It is further
specifically and expressly understood that the indemnification provided constitutes
Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
Section 19.5. Notwithstanding any other provisions of this Section 19, Franchisee
assumes the risk of damage to its Facilities located in the Rights -of -Way and upon City -
owned property from activities conducted by the City, its officers, agents, employees,
volunteers, elected and appointed officials, and contractors, except to the extent any such
damage or destruction is caused by or arises from any sole negligence, intentional
misconduct or criminal actions on the part of the City, its officers, agents, employees,
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volunteers, or elected or appointed officials, or contractors. In no event shall the City be
liable for any indirect, incidental, special, consequential, exemplary, or punitive damages,
including by way of example and not limitation lost profits, lost revenue, loss of goodwill,
or loss of business opportunity in connection with its performance or failure to perform
under this Franchise. Franchisee releases and waives any and all such claims against
the City, its officers, agents, employees, volunteers, or elected or appointed officials, or
contractors. Franchisee further agrees to indemnify, hold harmless and defend the City
against any claims for damages, including, but not limited to, business interruption
damages, lost profits and consequential damages, brought by or under users of
Franchisee's Facilities as the result of any interruption of service due to damage or
destruction of Franchisee's Facilities caused by or arising out of activities conducted by
the City, its officers, agents, employees or contractors except to the extent any such
damage or destruction is caused by or arises from the sole negligence or intentional
misconduct, or criminal actions on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors.
Section 19.6. The provisions of this Section 19 shall survive the expiration,
revocation, termination, or abandonment of this Franchise.
Section 20. Insurance.
Section 20.1. Franchisee shall procure and maintain for the duration of the
Franchise and as long as Franchisee has Facilities in the rights -of -way, insurance against
claims for injuries to persons or damage to property which may arise from or in connection
with the Franchise and use of the rights -of -way.
(a) No Limitation. Franchisee's maintenance of insurance as required
by the Franchise shall not be construed to limit the liability of Franchisee to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available
at law or in equity.
(b) Minimum Scope of Insurance. Franchisee shall obtain insurance of
the types and coverage described below:
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(i) Commercial General Liability insurance shall be at least as
broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop gap liability, independent contractors, products -completed operations,
personal injury and advertising injury, and contractual liability arising out of "insured
contract" as defined in the ISO CG 00 01. There shall be no exclusion for liability arising
from explosion, collapse or underground property damage. The City shall be named as
an additional insured under Franchisee's Commercial General Liability insurance policy
with respect this Franchise using ISO endorsement CG 20 12 05 09 or CG 20 26 07
04, or substitute endorsement providing at least as broad coverage.
(ii) Business Automobile Liability insurance covering all owned,
non -owned, hired and leased vehicles. Coverage shall be at least as broad as
Insurance Services Office (ISO) form CA 00 01.
(iii) Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution conditions that
arise from the operations of Franchisee. Contractors Pollution Liability shall cover bodily
injury, property damage, cleanup costs and defense, including costs and expenses
incurred in the investigation, defense, or settlement of claims.
(iv) Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
(v) Excess or Umbrella Liability insurance shall be excess over
Franchisee's Commercial General Liability and Automobile Liability insurance. The City
shall be named as an additional insured on the Contractor's Excess or Umbrella Liability
insurance policy.
(c) Minimum Amounts of Insurance. Franchisee shall maintain the
following insurance limits:
(i) Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate.
(ii) Business Automobile Liability insurance with a minimum
combined single limit for bodily injury and property damage of $5,000,000 per accident.
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(iii) Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000.
(iv) Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or
Umbrella Liability requirement and limits may be satisfied instead through Franchisee's
Commercial General Liability and Business Automobile Liability insurance, or any
combination thereof that achieves the overall required limits.
(d) Other Insurance Provisions. Franchisee's Commercial General
Liability, Business Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that they
shall be primary insurance as respect the City. Any insurance, self-insurance, or self -
insured pool coverage maintained by the City shall be excess of Franchisee's insurance
and shall not contribute with it.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
(f) Verification of Coverage. Franchisee shall furnish the City with
certificates and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of
the Franchise. Upon request by the City, Franchisee shall furnish certified copies of all
required insurance policies, including endorsements, required in this Franchise and
evidence of all subcontractors' coverage.
(g) Subcontractors. Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of Franchisee -provided insurance as set forth herein, except Franchisee
shall have sole responsibility for determining the limits of coverage required to be
obtained by Subcontractors.
(h) Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within two business days of their receipt of such notice.
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(i) Failure to Maintain Insurance. Failure on the part of Franchisee to
maintain the insurance as required shall constitute a material breach of Franchise, upon
which the City may, after giving five business days' notice to Franchisee to correct the
breach, terminate the Franchise or, at its discretion, procure or renew such insurance and
pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand.
(j) City Full Availability of Franchisee Limits. If Franchisee maintains
higher insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
Franchisee, irrespective of whether such limits maintained by Franchisee are greater than
those required by this Franchise or whether any certificate of insurance furnished to the
City evidences limits of liability lower than those maintained by Franchisee.
(k) Franchisee — Self -Insurance. If Franchisee is self -insured or
becomes self -insured during the term of the Franchise, Franchisee or its affiliated parent
entity shall comply with the following: (i) provide the City, upon request, a copy of
Franchisee's or its parent company's most recent audited financial statements, if such
financial statements are not otherwise publicly available; (ii) Franchisee or its parent
company is responsible for all payments within the self -insured retention; and (iii)
Franchisee assumes all defense and indemnity obligations as outlined in Section 19.
Section 21. Bonds.
Section 21.1. Construction Performance Bond. Upon an application for a permit
involving excavation, installation, construction, restoration or relocation of the Facilities
and if required by the City, Franchisee shall furnish a performance bond ("Performance
Bond") written by a corporate surety reasonably acceptable to the City in an amount equal
to 150% of the construction cost, which should not be less than $2,000. The amount of
the Performance Bond may be reduced during construction as determined by the City.
The Performance Bond shall guarantee the following: (1) timely completion of
construction; (2) construction in compliance with all applicable plans, permits, technical
codes, and standards; (3) proper location of the Facilities as specified by the City; (4)
restoration of the Rights -of -Way and other City properties affected by the construction;
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(5) submission of as -built drawings after completion of construction; and (6) timely
payment and satisfaction of all claims, demands, or liens for labor, materials, or services
provided in connection with the work which could be asserted against the City or City
property. Said bond must remain in full force until the completion of construction,
including final inspection, corrections, and final approval of the work, recording of all
easements, provision of as -built drawings, and the posting of a Maintenance Bond as
described in Section 21.2.
Section 21.2. Maintenance Bond. Following excavation, installation, construction,
restoration or relocation of the Facilities and if required by the City, Franchisee shall
furnish a two (2) year maintenance bond ("Maintenance Bond"), or other surety
acceptable to the City, at the time of final acceptance of construction work on Facilities
within the Rights -of -Way. The Maintenance Bond amount will be equal to ten percent
(10%) of the documented final cost of the construction work. The Maintenance Bond in
this Section 21.2 must be in place prior to City's release of the bond required by Section
21.1.
Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the
amount of Twenty -Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or
renewable for the term of this Franchise, in a form and substance reasonably acceptable
to City. In the event Franchisee shall fail to substantially comply with any one or more of
the provisions of this Franchise following notice and a reasonable opportunity to cure,
then there shall be recovered jointly and severally from Franchisee and the bond any
actual damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties, and the
cost of removal or abandonment of facilities hereinabove described. Franchisee
specifically agrees that its failure to comply with the terms of this Section 21 shall
constitute a material breach of this Franchise. The amount of the bond shall not be
construed to limit Franchisee's liability or to limit the City's recourse to any remedy to
which the City is otherwise entitled at law or in equity.
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Section 22. Abandonment of Franchisee's Facilities.
Section 22.1. Upon the expiration, termination, or revocation of the rights granted
under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way
within thirty (30) days of receiving written notice from the Public Works Director or
designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without
written approval by the City. Any plan for abandonment or removal of Franchisee's
Facilities must be first approved by the Public Works Director or designee, and all
necessary permits must be obtained prior to such work. Franchisee shall restore the
Right -of -Way to at least the same condition the Rights -of -Way were in immediately prior
to any such removal provided Franchisee shall not be responsible for any changes to the
Right -of -Way not caused by Franchisee or any person doing work for Franchisee.
Franchisee shall be solely responsible for all costs associated with removing its Facilities.
Section 22.2. Notwithstanding Section 22.1 above, the City may permit
Franchisee's improvements to be abandoned in place in such a manner as the City may
prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer
ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and
instruments for transferring ownership to the City.
Section 22.3. Any Facilities which are not removed within one hundred twenty
(120) days of either the date of termination or revocation or the date the City issued a
permit authorizing removal, whichever is later, shall automatically become the property of
the City. Any costs incurred by the City in safeguarding such Facilities or removing the
Facilities shall be reimbursed by Franchisee. Nothing contained within this Section 22
shall prevent the City from compelling Franchisee to remove any such Facilities through
judicial action when the City has not permitted Franchisee to abandon said Facilities in
place.
Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord
and such landlord later replaces, removes or relocates the structure, for example by
building a replacement structure, Franchisee shall remove or relocate its Facilities within
the Right -of -Way within ninety (90) days of such notification from the landlord at no cost
to the City.
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Section 22.5. The provisions of this Section 22 shall survive the expiration,
revocation, abandonment, or termination of this Franchise and for so long as Franchisee
has Facilities in Rights -of -Way.
Section 23. Forfeiture and Revocation.
Section 23.1. If Franchisee willfully violates or fails to comply with any of the
provisions of this Franchise, or through willful misconduct or gross negligence fails to
heed or comply with any notice given Franchisee by the City under the provisions of this
Franchise, then Franchisee shall, at the election of the Tukwila City Council, forfeit all
rights conferred hereunder and this Franchise may be revoked or annulled by the Council
after a hearing held upon notice to Franchisee.
Section 23.2. Such hearing shall be open to the public and Franchisee and other
interested parties may offer written and/or oral evidence explaining or mitigating such
alleged noncompliance. This hearing does not give the right to either the City or
Franchisee to conduct discovery, subpoena witnesses, or take depositions. Within thirty
(30) days after the hearing, the Tukwila City Council, on the basis of the record and TMC
11.32.120(2), will make the determination as to whether there is cause for revocation,
whether the Franchise will be terminated, or whether lesser sanctions should otherwise
be imposed. The Tukwila City Council may in its sole discretion fix an additional time
period to cure violations. If the deficiency has not been cured at the expiration of any
additional time period or if the Tukwila City Council does not grant any additional period,
the Tukwila City Council may by resolution declare the Franchise to be revoked and
forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination,
such revocation may be held in abeyance pending judicial review by a court of competent
jurisdiction, provided Franchisee is otherwise in compliance with the Franchise.
Section 24. Remedies to Enforce Compliance.
Section 24.1. The City may elect, without any prejudice to any of its other legal
rights and remedies, to obtain an order from the superior court having jurisdiction
compelling Franchisee to comply with the provisions of the Franchise and to recover
damages and costs incurred by the City by reason of Franchisee's failure to comply. In
addition to any other remedy provided herein, the City reserves the right to pursue any
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remedy to compel or force Franchisee and/or its successors and assigns to comply with
the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the
City from thereafter declaring a forfeiture or revocation for breach of the conditions herein.
In addition to any other remedy provided in this Franchise, Franchisee reserves the right
to pursue any remedy available at law or in equity to compel or require the City, its officers,
employees, volunteers, contractors and other agents and representatives, to comply with
the terms of this Franchise. Further, all rights and remedies provided herein shall be in
addition to and cumulative with any and all other rights and remedies available to either
the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise
of one or more rights or remedies shall not be deemed a waiver of the right to exercise at
the same time or thereafter any other right or remedy. Provided, further, that by entering
into this Franchise, it is not the intention of the City or Franchisee to waive any other
rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and
nothing contained here shall be deemed or construed to effect any such waiver. The
parties agree that in the event a party obtains injunctive relief, neither party shall be
required to post a bond or other security and the parties agree not to seek the imposition
of such a requirement.
Section 24.2. If either party (the "Defaulting Party") shall violate, or fail to comply
with any of the provisions of this Franchise, or should it fail to heed or comply with any
notice given to such party under the provisions of this Franchise, the other party (the
"Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying
with reasonable particularity the nature of any such breach and the Defaulting Party shall
undertake all commercially reasonable efforts to cure such breach within thirty (30) days
of receipt of notification. If the parties reasonably determine the breach cannot be cured
within (30) thirty days, the Non -Defaulting Party may specify a longer cure period, and
condition the extension of time on the Defaulting Party's submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty (30)
day cure period, and diligent prosecution of the work to completion. If the breach is not
cured within the specified time, or the Defaulting Party does not comply with the specified
conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity
as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or
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commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise
with no further notification pursuant to this Section 24, (2) refuse to grant additional
permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the
Franchisee or Franchise Bond set forth in Section 21.3.
Section 25. Non -Waiver.
Section 25.1. The failure of either party to insist upon strict performance of any of
the covenants and agreements of this Franchise or to exercise any option herein
conferred in any one or more instances, shall not be construed to be a waiver or
relinquishment of any such covenants, agreements or option or any other covenants,
agreements or option.
Section 26. Acceptance.
Section 26.1. Within sixty days of the approval of this Franchise Ordinance, the
Franchisee shall execute and return to the City its execution and acceptance of this
Franchise in the form attached hereto as Attachment B. In addition, Franchisee shall
submit proof of insurance obtained and additional insured endorsement pursuant to
Section 20, any applicable construction Performance Bond pursuant to Section 21.1, the
Franchise Bond required pursuant to Section 21.3, and the administrative fee pursuant to
Section 14.1.
Section 27. Survival.
Section 27.1. All of the provisions, conditions, and requirements of Section 6,
Section 7, Section 9, Section 10, Section 19, Section 20, Section 22, Section 33, Section
35.3 and Section 35.4 of this Franchise shall be in addition to any and all other obligations
and liabilities Franchisee may have to the City at common law, by statute, or by contract,
and shall survive the City's Franchise to Franchisee for the use of the Franchise Area,
and any renewals or extensions thereof. All of the provisions, conditions, regulations and
requirements contained in this Franchise shall further be binding upon the heirs,
successors, executors, administrators, legal representatives and assigns of Franchisee
and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its
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heirs, successors and assigns equally as if they were specifically mentioned where
Franchisee is named herein.
Section 28. Assignment.
Section 28.1. This Franchise may not be directly or indirectly assigned, transferred,
or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by
operation of law or otherwise, unless prior written consent is provided to the City within
sixty (60) days following the assignment. In the case of transfer or assignment as security
by mortgage or other security instrument in whole or in part to secure indebtedness, such
notice shall not be required unless and until the secured party elects to realize upon the
collateral. For purposes of this Section 28.1, no assignment or transfer of this Franchise
shall be deemed to occur based on the public trading of Franchisee's stock; provided,
however, any tender offer, merger, or similar transaction resulting in a change of control
shall be subject to the provisions of this Franchise. In the event that a transfer,
assignment, or disposal of Franchisee's ownership is approved by the Washington
Utilities and Transportation Commission ("WUTC"), the City will be deemed to have
consented to such transfer. Grantee will provide City with a copy of any such approval.
Section 28.2. Any transactions which singularly or collectively result in a change of
50% or more of the (i) ownership or working control (for example, management of
Franchisee or its Telecommunications facilities) of the Franchisee; or (ii) ownership or
working control of the Franchisee's Telecommunications facilities within the City; or (iii)
control of the capacity or bandwidth of the Franchisee's Telecommunication facilities within
the City, shall be considered an assignment or transfer requiring notice to the City pursuant
to this Franchise. Such transactions between affiliated entities are not exempt from notice
requirements. A Franchisee shall notify the City of any proposed change in, or transfer of,
or acquisition by any other party of control of a Franchisee within sixty (60) days following
the closing of the transaction.
Section 29. Entire Agreement.
Section 29.1. This Franchise constitutes the entire understanding and agreement
between the parties as to the subject matter herein and no other agreements or
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understandings, written or otherwise, shall be binding upon the parties upon execution of
this Franchise.
Section 30. Extension.
Section 30.1. If this Franchise expires without renewal or is otherwise lawfully
terminated or revoked, the City may, subject to applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month -to -month
basis, provided that Franchisee maintains insurance for such Facilities during such
period and continues to comply with this Franchise; or
(b) The City may order the removal of any and all Facilities at Franchisee's sole
cost and expense consistent with Section 22.
Section 31. Eminent Domain.
Section 31.1. The existence of this Franchise shall not preclude the City from
acquiring by condemnation in accordance with applicable law, all or a portion of the
Franchisee's Facilities for the fair market value thereof. In determining the value of such
Facilities, no value shall be attributed to the right to occupy the area conferred by this
Franchise.
Section 32. Vacation.
Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the
area affected by this Franchise, the City shall not be liable for any damages or loss to the
Franchisee by reason of such vacation. If Franchisee has Facilities in the vacated portion
of the Right -of -Way, the City shall use reasonable efforts to reserve an appurtenant
easement for Franchisee within the vacated portion of the Right -of -Way within which
Franchisee may continue to operate existing Facilities under the terms of this Franchise
for the remaining period of the term set forth in Section 4. Notwithstanding the preceding
sentence, the City shall incur no liability for failing to reserve such easement. The City
shall notify the Franchisee in writing not less than sixty (60) days before vacating all or
any portion of any such area, in which Franchisee is located. The City may, after sixty
(60) days written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
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Section 33. Hazardous Substances.
Section 33.1. Franchisee shall not introduce or use any hazardous substances
(chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee
allow any of its agents, contractors or any person under its control to do the same.
Franchisee will be solely responsible for and will defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from and against any and
all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out
of or in connection with the cleanup or restoration of the property to the extent caused by
Franchisee's use, storage, or disposal of hazardous substances, whether or not
intentional, and the use, storage or disposal of such substances by Franchisee's agents,
contractors or other persons acting under Franchisee's control, whether or not intentional.
Section 33.2. The obligations of the Franchisee under this Section 33 shall survive
the expiration, revocation, abandonment, earlier termination of the Franchise granted by
this Franchise Ordinance.
Section 34. Notice
Section 34.1. Any Notice or information required or permitted to be given to the
parties under this Franchise agreement may be sent to the following addresses unless
otherwise specified:
CITY OF TUKWILA FRANCHISEE
Public Works Director Wholesail Networks, LLC
6200 Southcenter Blvd. Attn: Legal Department
Tukwila, WA 98188 135 Lake Street South, Suite 155
Kirkland, WA 98033
legal@ziply.com
Section 34.2. The Franchisee's current emergency contact shall be the Network
Operations Center and is reachable via the following number (509) 823-1886, and shall
be available 24 hours a day, seven days a week. The Franchisee shall promptly notify
the City of any change in the notice address or emergency contact (or title) and phone
number.
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Section 35. Miscellaneous.
Section 35.1. Prior to constructing any Facilities, Franchisee shall obtain a
business or utility license from the City. Franchisee shall pay promptly and before they
become delinquent, all taxes on personal property and improvements owned or placed
by Franchisee and shall pay all license fees and public utility charges relating to the
conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay
any other applicable tax unless documentation of exemption is provided to the City and
shall pay utility taxes and license fees imposed by the City.
Section 35.2. City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section 35.3. If a suit or other action is instituted in connection with any controversy
arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs
and expenses, including such sum as the court may judge as reasonable for attorneys'
fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling.
Section 35.4. This Franchise shall be construed in accordance with the laws of the
State of Washington. Venue for any dispute related to this Franchise shall be the United
States District Court for the Western District of Washington, or King County Superior
Court.
Section 35.5. Section captions and headings are intended solely to facilitate the
reading thereof. Such captions and headings shall not affect the meaning or
interpretation of the text herein.
Section 35.6. Where the context so requires, the singular shall include the plural
and the plural include the singular.
Section 35.7. Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it is acknowledged
and agreed that the City is making no representation, warranty or covenant whether any
of the foregoing approvals, authorizations or agreements are required or have been
obtained by Franchisee by any person or entity.
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Section 35.8. This Franchise may be enforced at both law and equity.
Section 35.9. Franchisee acknowledges that it, and not the City, shall be
responsible for the premises and equipment's compliance with all marking and lighting
requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City
harmless from any fines or other liabilities caused by Franchisee's failure to comply with
such requirements. Should Franchisee or the City be cited by either the FCC or the FAA
because the Facilities or the Franchisee's equipment is not in compliance and should
Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by
the citing agency, the City may either terminate this Franchise immediately on notice to
the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's
expense.
Section 35.10. This Franchise is subject to all current and future applicable
federal, State and local laws, regulations and orders of governmental agencies as
amended, including but not limited to the Communications Act of 1934, as amended, the
Telecommunications Act of 1996, as amended and the Rules and Regulations of the
FCC. Neither the City nor Franchisee waive any rights they may have under any such
laws, rules, or regulations.
Section 35.11. There are no third party beneficiaries to this Franchise.
Page 39 of 45
{EFM4895-9658-9257;1/13175.000042/}
43
Attachment B
STATEMENT OF ACCEPTANCE
, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
By: Date:
Name:
Title:
STATE OF )
)ss.
COUNTY OF )
On this day of , 2024, before me the undersigned, a Notary
Public in and for the State of , duly commissioned and sworn,
personally appeared, of , the company
that executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said company, for the uses and purposes
therein mentioned, and on oath stated that he/she is authorized to execute said
instrument.
Page 40 of 45
{EFM4895-9658-9257;1/13175.000042/}
44
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
Residing at
MY COMMISSION EXPIRES:
{ E F M4895-9658-9257;1/13175.000042/}
Page 41 of 45
45
46
City of Tukwila
Thomas McLeod, Mayor
Public Works Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Pete Mayer, Interim Public Works Director
BY: Adib Altallal, Utilities Engineer
CC: Mayor Thomas McLeod
DATE: July 19, 2024
SUBJECT: Large Meter Water Replacement - Purchase
Project No. 92340101
Purchase Agreement
ISSUE
Approve the purchase agreement of eleven Sensus Large Water Meters from Ferguson.
BACKGROUND
Water meters provide the City accurate information about usage and potential leaks. Each water meter
has a useful life of 10 to 15 years. As meters reach the end of their useful life, tracking of water usage
and leakage becomes less accurate. The City might be missing out on a large revenue or even in rare
cases overcharging customers. As technology advances, replacing old meters becomes even more
essential.
DISCUSSION
The City uses Sensus water meters due to their reliability and availability. The City entered into a sole -
source agreement with Ferguson as they are the only supplier of Sensus meters in the region. With
smaller water meters, such 1", City crew performs that work routinely. The City is looking to replace two
8" meters, seven 6" meters, and two 4" meters at large businesses throughout the City. Since it is a
like -for -like replacement, the City crew will attempt to perform the work in-house to save a large sum of
money. The requested amount of $123,531.27 is strictly for the purchasing of those water meters; no
labor is included in that cost.
FINANCIAL IMPACT
The purchase agreement is for $123,531.27. The project costs are within budget and are 100% funded
by the water enterprise fund.
Ferguson Meters Cost
Cost Estimate
$123,531.27
2023-2024 Budget
$200,000.00
RECOMMENDATION
Council is being asked to approve the purchase agreement with Ferguson in the amount of
$123,531.27 for the purchase of two 8" meters, seven 6" meters, and two 4" meters as part of the Large
Meter Water Replacement Project and consider this item on the Consent Agenda at the August 5,
2024, Regular Council Meeting.
Attachments: 2023 CIP, Page 61
Ferguson Quote
Resolution 1864
47
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023 to 2028
PROJECT: Large Meter Water Replacement Project No. 92340101
DESCRIPTION: Upgrade and replace the City's existing large water meters.
JUSTIFICATION: The new meters will enable easier and safer acces to the meters. A potential leak would also be detected much
quicker.
STATUS: Project scheduled for 2023 through 2027.
MAINT. IMPACT: New equipment will slightly reduce maintenance needs.
COMMENT: As most of the large water meters are within the CBD area, the construction will be phased out over several years
to minimize disruption.
FINANCIAL Through Estimated
(in $000's)
2021 2022 2023
2024
2025
2026
2027
2028
BEYOND TOTAL
EXPENSES
Design
50
50
50
50
200
Land (R/W)
0
Const. Mgmt.
0
Construction
100
100
100
100
100
600
1,100
TOTAL EXPENSES
0
0
50
150
150
150
100
100
2,000
1,300
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
50
150
150
150
100
100
600
1,300
TOTAL SOURCES
0
0
50
150
150
150
100
100
600
1,300
Project Location
;'�
lin
'r-T 1 °'1�'
woie
*i
ill
r0
f,/
'�
3144st
S 168
5 150 St
—st
5—
.r, ,¢
GIS
L.11 ruxfa kwy 1
�� _— }�
2023 - 2028 Capital Improvement Program
®G611G�- as aM
�,��
4,8
FEL
M
0 FERGUSON® 20 2-SOUTOH 12TH ST156
WATERWORKS TACOMA, WA 98444-0000
Deliver To:
From: Doug Schrock
Comments:
Phone: 253-538-8275
Fax: 253-531-9909
17:25:36 JUL 02 2024
Bid No: B016621
Bid Date: 06/04/24
Quoted By: DGS
Customer: CITY OF TUKWILA
METER ACCOUNT
600 MINKLER BLVD
TUKWILA, WA 98188
FERGUSON WATERWORKS #3156
Price Quotation
Phone: 253-538-8275
Fax: 253-531-9909
Cust Phone: 206-433-1800
Terms: NET 10TH PROX
Ship To:
CITY OF TUKWILA
METER ACCOUNT
600 MINKLER BLVD
TUKWILA, WA 98188
Cust PO#: LARGE OMNI METERS Job Name: OMNI C2 METERS
Page 1 of 1
Item Description Quantity Net Price UM Total
SF6XCXXBF1SXXXND 6 OMNI+ F2 100CF AMR 1FPL 45LL 4 11655.370 EA 46621.48
SC6X3XXBF1SXXXND 6 OMNI+ C2 100CF AMR 1FPL 24LL 3 6813.580 EA 20440.74
SC4X3XXBF1SXXXND 4 OMNI+ C2 100CF AMR 1FPL 2OLL 2 3944.710 EA 7889.42
SF8XCCXXBF1SXXXND 8 OMNI+ F2 100CF AMR 1FPL 53LL 2 18496.660 EA 36993.32
Net Total: $111944.96
Tax: $11586.31
Freight: $0.00
Total: $123531.27
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE
AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE
ARE NOT FIRM UNLESS NOTED OTHERWISE.
CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A
FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE
IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.
Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon
Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the
Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or
on the web at https://www.ferguson.com/content/website-info/terms-of-sale
Govt Buyers: All items are open market unless noted otherwise.
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=1539&on=1224
49
City of Tukwila
Washington
Resolution No. )86 1/
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, WAIVING THE
BIDDING REQUIREMENTS AND AUTHORIZING
SOLE -SOURCE PURCHASE OF THE RUGID PUMP
CONTROL SYSTEM PANELS AND SENSUS WATER
METERS WITH AUTOMATIC METER READING.
WHEREAS, RCW 39.04.280(1)(a) provides for exemption from competitive bidding
requirements when purchases are clearly and legitimately limited to a single source of
supply; and
WHEREAS, the City's water, sewer, and surface water utility systems are equipped
with matching equipment and control systems for consistent operational uniformity; and
WHEREAS, the City currently has 10 sewer lift stations, 5 storm lift stations, 1 two -
MG reservoir tank and pump station, and 4 wholesale water supply taps; and
WHEREAS, the City's existing control system consists of pumping control panels
manufactured by Rugid Computer; and
WHEREAS, the City uses Sensus water meters with automatic meter reading
capability compatible with the City's Eden utility billing system;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. It has been determined that the City's water meters and sewer pump
control panels are limited to a sole source. The competitive bidding requirements for
the City's purchase of pumping control panels and water meters are hereby waived in
order to ensure compatibility with the existing system.
Section 2. The Public Works Department is authorized to purchase equipment
from Rugid Computer and Sensus for the City's water, sewer and surface water utility
systems to match current needs and maintain operational consistency in accordance
with the waiver authorization denoted under RCW 39.04.280(2)(a)
W:\Word Processing\Resolutions\Sole source -Pumping control panels and meters 8-18-15
PB:bjs
Page 1 of 2
50
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this D,1 rday of So irro he v; 2015.
ATTEST/AUTHENTICATED:
Christy O'Flahert�/, MMC, City Clerk rull-", Council President
APPROVED AS TO FORM BY:
Rachel B. Turpin, ity Attorney
Filed with the City Clerk: c -I b -!
Passed by the City Counl ic) - I
Resolution Number: v
W:\Word Processing\Resolutions\Sole source -Pumping control panels and meters 8-18-15
PB:bjs
Page 2 of 2
51
52
City of Tukwila
Thomas McLeod, Mayor
Public Works Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Adib Altallal, Utilities Engineer
CC: Mayor Thomas McLeod
DATE: July 19, 2024
SUBJECT: Sewer Lift Station 5 Retrofit — Construction Management Supplement
Project No. 92340201
Contract No. 23-019, Amendment #1
ISSUE
Approve supplemental agreement for Contract No. 23-019 with PACE Engineers for the Sewer Lift
Station 5 Retrofit project.
BACKGROUND
Sewer Lift Station 5 is located near the 1-405 ramps at Interurban Ave S, along Fort Dent Way. The
sewer lift station was originally constructed in 1980 and later updated in 2000. No significant
improvements have taken place since. The pumps, fittings, and electrical components have neared
their useful life and have resulted in an increased need for maintenance. The existing pumps are
obsolete, and the electrical components will need to be brought up to code to prevent unsafe access by
City staff. Rebuilding Sewer Lift Station 5 will reduce maintenance costs and reduce the risk of failure.
DISCUSSION
The Sewer Lift Station 5 design portion of the project went according to plan and was under budget and
on time. We were also successful in advertising the project as the bids came in below the allocated
budget. To save further money, our Capital Improvement Inspector will act as the primary inspector for
the Sewer Lift Station 5 project. Due to the complex nature of lift stations, we will also need the services
of specialty inspectors, such as electrical and geotechnical inspectors. We will also require the services
of the project engineer from PACE if assistance is needed in interpreting the project documents.
FINANCIAL IMPACT
The contract supplement is for $129,476.30, which will bring the contract total to $366,277.55 for the
construction management services portion of the Sewer Lift Station 5 Retrofit project. The project costs
are within budget and are 100% funded by the sewer enterprise fund.
PACE Contract 2023-2024 Design Budget
Original Contract $236,801.25
Supplement Contract _ 129,476.30
Total $366,277.55
$550,000.00
RECOMMENDATION
Council is being asked to approve a supplemental agreement for construction management services
with PACE in the amount of $129,476.30 for the Sewer Lift Station 5 project and consider this item on
the Consent Agenda at the August 5, 2024 Regular Meeting.
Attachments: 2023 CIP, Page 67
PACE Supplemental Agreement
53
wq City of Tukwila
sy
y 6200 Southcenter Boulevard, Tukwila WA 98188
2
B
Agreement Number:
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and PACE Engineers
That portion of Contract No. 23-019 between the City of Tukwila and PACE Engineers is hereby
amended as follows:
Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force
and effect for a period commencing upon execution and ending December 31, 2025, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The Consultant
shall perform all services and provide all work product required pursuant to this Agreement
no later than December 31, 2025 unless an extension of such time is granted in writing by
the City.
Section 4: Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $366,277.55 without express written modification of the Agreement signed
by the City.
All other provisions of the contract shall remain in full force and effect.
Dated this
day of , 2024.
CA Reviewed May 2020
Page 1 of 54
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
CITY OF TUKWILA PACE ENGINEERS:
Thomas McLeod, Mayor
By:
Printed Name:
ATTEST/AUTHENTICATED: Title:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CA Reviewed May 2020
Page 2 of 55
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-019
Council Approval 2/13/23
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and PACE Engineers, hereinafter referred to as The Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Desi nation. The Consultant is retained by the City to perform design services in
connection with the project titled Sewer Lift Station No. 5 Rebuild.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2024, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than December 31, 2024 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"6" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed S236,801.25 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment 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.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
56
47
5 Ownership and Use of Documents. Aii documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Com Hance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and MI claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrentInegligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's Inegligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against cams for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of S1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual IkabNty coverage.
2. Commercial General Liabiity insurance with limits no less than S2,000,000 each
occurrence, S2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and persona injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
48
Page 2
57
4. Professional Liability with limits no less than S2,000,000 per claim and S2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultants profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
58
49
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color,Inational origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assiqnment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Con s u It a nt
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant 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.
16. 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
PACE Engineers
11255 Kirkland Way #300
Kirkland, WA 98033
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
50
Page 4
59
DATED this 17th day of February , 20 23
CITY OF TUKWILA
Key: 40266ff6-fc1 a6914839034e9a126e
Allan Ekberg, Mayor
2/17/23
PACE Engineers:
By: --- - /21 C,g�
Printed Name:
Kenneth H Nilsen
ATTEST/AUTHENTICATED: Title:
eSignad via Seamleaer eee rem
C` h tt1 O /(Orhe/t.J
___-- Key: 5,2463a f817e 4006 6°98 f8f4391v2adal
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
eSicnecl via 3eamlessDocs.com
Office of the City Attorney
President
CA revised May 2020
Page 5
60
Scope of nf
Services~
Professional Ci~|Eng'Mpering Services
Station
Scope of Work
A detailed proposal consisting of fourteen (24) tasks follows. This proposal includes necessary civil,
struc1uca[survey, e|ec1rica|andQectechnica|services through the design phase ofthisprojec1. Aseparate
scope of work and budget for construction administration will be prepared prior to bidding the work and
will bebased onthe [ity'sneeds.
PACE will be the prime consultant for the entire Scope of Work and will oversee and administer all work on
the project. PACE will complete all civil, survey and permitting services in-house and will subcontract with
Follett Engineering for electrical engineering and AES| for Qectechnica| evaluations. Quality Coating
Inspections and Consulting will also be utilized in the preparation of coating specifications for the Lift
Station wet well upgrade and for inspection of coating applications during the construction phase.
ToskI—PnojectMa
PACE will provide administration and coordination ofthe project. The following itemsare included inthis
2. Attend coordination meetings with the City. It is anticipated that up to 4 meetings will be held.
Ma]ordesiQn review meetings will be held in -person with other review meetings to be done via
Teams. The following major review meetings are anticipated:
a. Schematic Design Review
b. 30% Design Development Review
c 6096 Design Development Review
d. 90% Design Development Review
Z Conduct one field reconnaissance of site with the design team and City staff.
3. Review existing information provided bythe[ity—as'bui|ts, maintenance records, etc.
4. Coordination with subconsu|tants.
5. In-house project administration, scheduling, and direction ofdesign teamstaff.
6. Preparation of monthly progress reports.
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53
LS5Retrofit
Scope of Work
Page 2
Task 2—Topographic Survey
PACE will provide a topographic and boundary map showing all locatable utilities and surface conditions'
environmental constraints and other relevant itemsat the following locations:
The following iterns are included in this task:
2. Research and confirm primary control pointsfor use on the project.
Z Establish horizontal and vertical control work points a|ongtheroute.
3. Surveythecorridor locating surface improvements, type ofmaterial and changes in elevation.
4. All identifiable underground utilitieswill besurveyed, based on surface indications, radiofrequency
locating and readily available mapsfromthe service provider.
5. The rights of way and adjoining properties will be calculated from record information and
recovered monuments.
6. The survey/ base rnapwill be prepared in AutoCAIDat a scale of I' = 29, showingthe rights of way
and lot lines, two -foot contours, and surveyed features. Other features from City G|Sdata
(sensitive areas, setbacks, etc. will may beincluded toaugmentthesurvey).
PACE will provide the City with an AutoCad drawing and pdf of the basernap.
Task 3-Gaotmchnica|Evaluation
AES| will provide a gectechnica| evaluation of the LS No. 5 site. This evaluation will include one soil boring
12-feet deep in the vicinity of the new meter vault and prepare a Qectechnica| design memorandum (See
theattached Scope ofWork fromAES|formoredetai|sontheQectechnica|eva|uation)
Task4 -EasenleMtPneparat|onandAcqUisit|on
|tisaoumedthat the project will not require any permanent orternporary construction easernents. If that
is not the case any required work will beonatimeand expense basis.
Task 5—Public Involvement
PACE will provide support to the City for the public involvement process. This includes preparing
information for and attending one community meeting. The cornrn unity meeting will be for the businesses
in the project vicinity. The City will be responsible for setting up the meeting tirne and location and notifying
the businesses. PACE will prepare a written summary of the community meeting. Additional public
invo|vementmay berequired forthe SEPAprocess andisinindudedinTask 2O.
Based on the site survey,PACE will prepare upto3+conceptua|alternatives for LSNo. 5for City review and
comment. Specific itemsrequested bythe City include:
w Replace the two existing vertical turbine pumps from the drywell, with two submersible
pumps located within thevvstvve||
• Pa|nt|nQofthewet vve||
• A new electrical control and instrumentation building
• Additional site ||Qht|nQ
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LS5Retrofit
Scope of Work
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Potential relocation ofthe existing generator based onthe site layout
Replace the existing lawn within the median with a hard surface that does not require
frequent maintenance
Pa|nt the curbaroundthe rned|an(it |sassurned|tcanbersta|ned).The C|tyvw|||prov|de
covers over the exist! nQbo|lards
Remove the irrigation meter and upsize the second water meter to a 2-inch meter for
greater capacity. This may requ|re a new PRVand backf|ovv preventor
Evaluate the antenna for the telemetry
Replace the existing flow meter with! n a new vault, preferably outside ofthe travel lane if
possible.
|nsta||anew yardhydrantfor vvashdovvnofthetsc|||ty
Task 7—Schematic Design (3Q96design)
Based on the [ity's selection of the preferred layout based on the conceptual designs, PACE will prepare a
schematic design of the proposed improvements for the lift station retrofit. PACE will also prepare an
estimateofprobable constmc1ion costs forCity review andcorn ment.Thiswork indudez
2. Schemzticlayout ofthe new metervault
Z Schematicretrofit ofthe existing wet well
3. Schematiclayout ofthe new electrical control shelter
4. Schematiclayout ofproposed improve ments
5. Prepare budget -level construction costestimate.
Task @—Design Development Plans (6056Plans, Specificationsand
Based on City commentson the Schematic Design' PACE will prepare Design Development Plans (6D1yo) of
the improvements. We will also prepare an outline of the specifications and prepare an estimate of
probab|econstruction costs forCity review andcorn ment.Thiswork indudez
2. Recommendztionsfor bypassing the flow during construction.
Z Design ofthe new metervault
3. Design ofthe new wet well retrofit
4. Design ofthe electrical control shelter
5. Design of the site improvements discussed in Task 6
6. Outline ofthe proposed specifications using APVVA/VVSDOTformat.
7. Prepare budget -level construction costestimate.
Task 9—Electrical and Specifications
Follett Engineering will evaluate the project and will provide plans and specifications for site power needs
as well as the required communicationsand controls for Lift Station No .5. It is assumed that we will utilize
the existing generator. Specific itemsare asfollows:
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LS5Retrofit
Scope of Work
Page 4
Electrical Pre -Design
Follett Engineering will prepare the following electrical design and evaluation:
w Determine/confirmthe adequacy ofthe existing generator for the new submersible pumpdesign
w Work closely with City for design and installation of Calvert Technical Services controls.
w Prepare pre|iminary electrical drawings.
w Prepare apreliminary construction cost estimate ofthe above items.
• Summahzethe above itemsinaTechnical Memorandum.
�F|MalBectMcal Design
Follett Engineering will prepare the f inal electrical design and appurtenances based upon review cornments
from the City. The final electrical design includes the demolition of all electrical and |&[ equipment and
replacement with all new electrical equipment including the mctorcontro| center and ATS and all new
controls and instrurnentation and provide a Technical Mernorandurn outliningthe various options including
costs to the City for their review and approval of the recommended alternative. Follett Engineering will
prepare constmc1ion level plans and specifications based upon City review corn ments.
Task ID-SEPA
PACE vviUpre pareaSEPAcheck|istfortheproposed work. |tisaoumedthat theCity vviUact asits own lead
agency andvviUissue the Determination. |tisaoumedthat theCity vviUmai|andpost the SEPAdocuments
inaccordancewit hSEPArequirements.PACE vviUassist theCity wit hapub|ichearinQtoso|icitcorn menton
theSEPAdetermination ifrequired.
TaskII—Permittina
PACE will coordinate with the required permitting agencies and prepare all necessary permit applications.
This task will be initiated early in the design process, based on the 60% Design Development plans. It is
assumed that the City of Tukwila Park Right -of -Way Use Permit will be the only permit required for this
project.
We assurne that all permit fees to be paid directly by the City.
Task 12-Construction Document Development /10091oPlans specificationsand
PACE will provide construction level docurnents based upon City comrnentsfrorn the Design Development
(60% plan review). Atthisstagevvewill also have developed fairly complete project specifications. We will
utilize contract documentsand general provisions from past City projects and will create specific technical
specifications as needed. We anticipate the project will bid as one schedule and that the bid documents
vviUbebauedonthemostrecentVVashingtonStateDepartmentofTransportation^StandardSpecifications
for Road' Bridge and Municipal [onstruc1ion^' It is assumed that based on the City's review of these
documentsthere will beone set ofrevisions to get the documents ^Bid'Ready^
|norder toassure that the final plans and specifications are complete, accurate and appropriate, PACE will
conduct a Quality Assurance review of the docurnents prior to each subrn ittal to the City. The review will
consist of a cornplete sheet -by -sheet and contract docurnent review to assure the City that thedocuments
meet the 'standard level of care' of our industry.
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LS5Retrofit
Scope of Work
Page 5
Task I4— Management Reserve Fund
If directed bwthe City, PACE will provide services needed toassist the City with tasks related tothis
project that were not specifically addressed in this scope of work. When requested by the City, PACE will
provide ascope and budget for the task identified bwthe City. PACE will not proceed with the task until
written authorization has been provided bythe City.
Task 15-Construction Services
This task includes management of the project during the bidding and construction period. We have not
included a budget herein for construction services; however, PACE is available to provide construction
services as needed. PACE will prepare a construction administration proposal foUowinQcomp|etion of
design and once the [ity's needs are known. Some of the services that could be provided under this task
include the following:
2. Bid the project through abidding service such asBuilders Exchange.
Z Answer questions during the bidding period.
3. Issue addenda asnecessary.
4. Attend a pre -bid meeting as required.
5. Attend the bid opening.
6. Conduct reference checks of the low bidder and prepare recommendation of award.
7. A1tendanddirec1the pre -construction conferenceandprovide meetingminutes toa||attendees.
8. Review materia|submitta|sforcorn p|iancevvithcontract documents.
9. Provideconstruction stakinQfortheimprovements.
20. Reviem'approve andprepareconbac1payestimates.
22. Prepare change orders as necessary, including all documentation and coordination with the
contractor.
22. Attend and conduct construction meetings as required and prepare and distribute meeting notes.
23. Monitor construction to determine contractor compliance and prepare all letters and
documentation regarding same. We assume that the City would provide an inspector for the
project and PACE staff would visit the site asnecessary.
24.Add reoconstruction questionsasthey arise.
25. Prepare punch lists and conduct final inspection, and prepare recommendation of project
acceptance.
26. PrepareAs'Bui|t drawings.
�PR0BTCOSTS
The costs associated with the above described work are shown on the attached spreadsheet.
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57
PACE Engineers
Project Name
Project #:
Staff Type # (See Labor Rates Table)
aff Type Hourly Rate
Drawing/Task Title
Task 1 - Project Management
Coordination Meetings (4-total)
Field Review/Records Research
Team Coord incl subs/invoicing
Task 2- Topographic Survey
Task 3 - Geotechnical Evaluation
Task 4 - Easements (NIC)
Task 5 - Public Involvement
Task 6 - Conceptual Design
Task 7 - Schematic Design (30%)
Task 8 - 60% Plans
Specifications
Cost Estimates
Task 9 - Electrical & Telemetry
Task 10 - SEPA
Task 11 - Permitting
Task 12 - Construction Documents
Task 13 - QA
Task 14 - Management Reserve Fund
Task 15 -Construction Services (NIC)
Hours Total
Labor Total
Lift Station #5
Billing Group #:
Labor
Code
Job
Title
2
1
4
16
Sr. Principal
Engineer
EXHIBIT B
Location:)
Tukwila - Fort Dent
Task #: I I
Labor Hours b Classification
12 33 14 66 74
Project
Manage
8
4
8
1
1 2
Sr. Planner
8 8 16
4 16
4 12
4 24
8 8
1 2
1 8
8 24
4 12
48 8
Project
Engineer
16
16
24
8
6
6
Sr. Project GIS
Analyst
2
4
CAD Tech III
8
16
40
48
64
Project Budget Worksheet - 2023 Washington Standard Rates
IPrepared By:
Date:
KHN
12/20/2022
19 41 43 58 113 118
Sr. Structural
Engineer
4
12
24
4
Principal
Surveyor
Survey Project
Manager
Two -Person
Crew
Survey Tech V
Sr. Project Ad
ministrator
Hour
Total
Dollar Total
16.0 $3,976
10.0 $2,224
20.0 $5,064
2 = 11 20 = 16 50.0 $10,241
3.0 $722
16
4
24
40.0
54.0
76.0
112.0
40.0
9.0
15.0
42.0
17.0
220.0
20.0
$8,136
$10,694
$13,988
$21,176
$7,808
$1,892
$3,242
$8,060
$3,356
$41,136
$5,192
76.0 161.01 60.01 128.01 6.01
$20,672 $36,225 s $10,920 I $24,960 s $1,170
176.01 44.01 2.01 11.0€ 20.01
$27,456 s $9,240
16.01 44.0
$450 = $2,310 $4,760 = $2,496 $6,248
744.0
$146,907.001
Expenses
Reimbursable
rate/unit
Quantity 1 Cost
Postage/Courier
Printing Costs
Photo/Video
Mileage/Travel/Per Diem
Miscellaneous
$500.00
Total
I $500.00
File: Tukwila LS #5_revised122022, Fee Worksheet
Subconsultants
Utility Locate
Geotechnical Engineer
Electrical Engineer
$ 2,000
$9,750
$44,245
I & C (City Provided - Calvert)
Subconsultant Subtotal 55,995.00
Markup
15%
Totall $64,394.25I
Page 1 of 1
Please note this project is budgeted as a whole and not by task.
PACE Billed Labor Total
Reimbursable Expenses
Subconsultants
Management Reserve Fund
Budget Reconcilation LS 4&12
Total Project Budget
$146, 907.00
$500.00
$64,394.25
$15,000.00
$10000.00
$236,801.25
Printed: 212812023, 9:40 AM
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023 to 2028
PROJECT: Sewer Lift Station No. 5 Rebuild Project No. 92340201
DESCRIPTION: Rebuilding of sewer lift station 5 will reduce maintenance costs and reduce the risk of failure.
Aging sewer lift station requires the replacement of motors, pumps, and controls at older lift stations to reduce
JUSTIFICATION:
maintenance.
The sewer lift station has been seeing a lot of issues with maintenance of pumps and motors. The existing
STATUS:
panels and valves are in a confined space and will need to be moved to grade for safer access.
MAINT. IMPACT: New pumps will reduce the liability of the existing pumps that are obsolete and prone to fail.
COMMENT: Additional right-of-way or property will be required for the new backup generators to be installed.
FINANCIAL Through Estimated
in $000's)
2021 2022 2023
2024 2025 2026 2027 2026 BEYOND TOTAL
EXPENSES
Design
250
50
300
Land (RNV)
0
Const. Mgmt.
50
200
250
Construction
1,000
1,000
2,000
TOTAL EXPENSES
0
0
1,300
1,250
0
0
0
0
2,550
FUND SOURCES
Awarded Grant
0
Proposed Bond/ULID
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
1,300
1,250
0
0
0
0
2,550
TOTAL SOURCES
0
0
1,300
1,250
0
0
0
0
0
2,550
-.,,•?, Project Location
---4.?
--'-i—X )
I
-1
%• \
-.......6-0-
'-•
I '
III.' 0 1
a
II'II,„ I
4 --\"r1
441
7—
.I.E.._./ /
1 , I
:a I 'I
kipo''
, I
4'11
..,
.!
.5.41rdc
is. TYPuk
'11III.'
g
Ii
3
g a
I
,. \ .
I
—
%mill" JP Of
i'
- \_ . '
III
,, ,,,, i , ! i P",---,_
0 Azt.„6. , i 0.3;
,T
2023 - 2028 Capital Improvement Program
67
45
PACE Engineers
Project Budget Worksheet - 2024
Project Name
Project #:
Lift Station #5 Retrofit- CE Services
Location:I
Tukwila, WA
I Prepared By:
Date:
K Nilsen
23415 I Billing Group #:I
Task #:I I
6/20/2024
Staff Type # (See Labor Rates Table)
Staff Type Hourly Rate
Staff Name
Drawing/TaskTitle
Labor Hours by Classification
Labor
Code
Job
Title
1 12
16 75
19 118
$288
$238
$166
$151
$222
$151
Sr.
Principal
Engineer
Project
Manager
Engineering
Staff II
CAD Tech
II
Sr.
Structural
Engineer
Sr. Project
Administra
tor
Hour
Total
Dollar
Total
Task 1 - Project Management
5
8
8
2
23.0
$4,974.00
Bid Assistance
Addenda
2
4
8
6
20.0
$3,762.00
Team Coord/Invoicing (assumes 8 months)
4
8
12.0
$2,480.00
Task 2 - Construction Administration
Pre -Construction Meeting
2
2
4
8.0
$1,716.00
Shop Drawing & Submittal Review (25 Reviews)
8
12
24
8
52.0
$10,920.00
RFI Review and Responses (10 RFIs)
6
6
16
2
4
34.0
$7,002.00
Pay Application Review & Preparation (assumes 8)
4
6
16
26.0
$5,236.00
Change Order Review & Preparation (assumes 2)
2
6
12
4
2
26.0
$4,902.00
Task 3 Construction Inspections
Construction Meetings
8
24
32.0
$5,888.00
Site Visits (max. 10 visits)
5
12
28
45.0
$8,944.00
Task 4 Geotechnical Support
2
4
6.0
$1,240.00
Task 5 Electrical Support (see costs below)
2
4
6.0
$1,240.00
Task 6 Project Closeout
Punchlist & Final Inspection
2
8
16
4
30.0
$6,024.00
As-Builts
2
2
8
12
2
26.0
$4,636.00
Hours Total
Labor Total
Expenses
46.0
$13,248
74.0
$17,612
Reimbursable
180.0
$29,880
18.0
$2,718
18.0
$3,996
Subconsultants
10.0
$1,510
346.0
$68,964.00
rate/unit
Quantity Cost
Utility Locate
PACE Billed
Reimbursable
Subconsultants
Total Project
Labor Total
Expenses
Budget
$68,964.00
$480.00
$60,032.30
Project Administration
Total
$480.00
Mechanical
Electrical Engineer
Geotechnical
I & C Engineer
SubconsultantSubtota
Engineer
$37,000
Postage/Courier
Printing Costs
PhotoNideo
Mileage/Travel/Per Diem
Miscellaneous
Engine $15,202
52,202.00
I 15
$60,032.30
I $129,476.30
$480.00
Markup
Total
File: Tukwila LS5 - CE services fee estimate, Fee Worksheet
Page 1 of 1
Printed: 612112024, 11:15 AM
68
PROJECT DESCRIPTION
This project will provide construction support to the City of Tukwila for the PACE -designed
improvements to the Sanitary Lift Sation #5 near Fort Dent Park. Construction of an above ground
electrical building with new controls and installation of a new meter vault and new submersible
pumps, piping, and valves. The project includes rehab work (demolition, cleaning, and coating) in
the existing wet well, installation of miscellaneous site improvements, relocation of the existing
generator, and other work necessary to complete the Work as specified and shown in the Contract
Documents. The project also includes the relocation of existing gravity sewer, installation of
approximately 55 lineal feet of new 4-inch ductile iron forcemain, and connection of the new
forcemain to the existing forcemain.
SCOPE OVERVIEW
Specific tasks under this contract are shown below:
TASK 1 - PROJECT MANAGEMENT
PACE will be responsible for conducting ongoing coordination between the CITY and the
contractor as needed as well as overall project management.
Deliverables:
• PACE will assist the CITY during the construction bid process, prepare up to 2-addenda
and attend the bid opening. It is assumed that the CITY will manage the bid opening
meeting.
• PACE will prepare and provide a monthly status/progress reports itemized by task and
subtask, to the CITY, describing work performed by the PACE's project team during the
current reporting period.
TASK 2 - CONSTRUCTION ADMINISTRATION
Material Submittal Review
PACE will review contractor -provided material submittals to assure the proposed materials are
in accordance with the project's specifications. Copies of the submittal review documents will
be furnished to the CITY, the Contractor, and the Inspector.
Assumptions:
The time it takes to conduct the required material submittal/review process can vary widely
depending on the Contractor's chosen material submittal process. This scope and
associated fee assume a maximum of 25 items to review. Any additional hours that are
necessary due to multiple rounds of contractor submittals may be billed on a time and
expense basis.
69
Deliverables:
• One (1) pdf copy of initial contractor -provided material submittals with PACE
comments along with master submittal log.
• One (1) pdf copy of resubmittal contractor -provided material submittals with PACE
comments along with updated master submittal log.
Preconstruction Conference
PACE will work with the CITY to prepare a draft preconstruction meeting agenda for the CITY. It
is assumed that the CITY will facilitate and lead the preconstruction meeting, prepare meeting
minutes and distribute the minutes to attendees.
Deliverables:
• One (1) pdf copy of draft construction conference meeting agenda
Responding to Requests for Information (RFIs)
PACE will respond to RFIs from the Contractor as they pertain to design elements and existing
conditions shown on the contract plans and in the contract specifications as necessary.
Assumptions:
• The time it takes to conduct the required RFI reviews can vary widely depending on
the Contractor. For budgeting purposes PACE has estimated ten (10) RFI
responses. Any additional RFI responses that are necessary may be billed on a
time and expense basis.
• All RFI responses shall be provided to the contractor directly by the PACE through
email while cc'ing CITY staff.
• RFI's that are a result from a change of conditions in the field or outside the original
project design will be billed on a time and expense basis
Deliverables:
• Up to ten (10) RFI responses in pdf format.
Preparing Change Orders
PACE shall prepare all required Change Orders for CITY issuance as defined in the contract
specifications.
Assumptions:
• PACE shall coordinate with CITY on all proposed CHANGE ORDERS regardless of size
or scope. While PACE shall coordinate with CONTRACTOR on executing any required
change orders, CITY will approve prior to issuance.
70
• For budgeting purposes PACE has estimated two (2) Change Orders. Any additional
Change Order required responses that are necessary may be billed on a time and
expense basis.
Deliverables:
• Up to two (2) change orders in pdf format for execution by the CITY and the Contractor
in accordance with the project specifications.
Preparing Contractor Pay Requests
PACE will prepare Progress Payment Requests from the Contractor and transmit them to the
CITY's Project Manager for processing by the CITY. These payment requests will cover all
aspects of the work as outlined in the bid proposal. PACE's inspector will review and
coordinate with the CITY the actual quantities for payment for the requested work by CITY
staff.
Assumptions:
• For budgeting purposes PACE has estimated 8 contractor pay requests processed on
a monthly basis based on the proposed schedule and allowable working days in the
contract. Any additional contractor pay requests that are necessary may be billed on
a time and expense basis.
Deliverables:
• Up to eight (8) contractor pay requests in pdf format.
TASK 3 - CONSTRUCTION INSPECTION
PACE will provide limited construction inspection at critical stages of the project. It is assumed
there will be a maximum of 10 site visits to the project site. Inspection reports will be provided in
pdf format to the CITY and Contractor following each site visit.
TASK 4 - GEOTECHNICAL CONSTRUCTION SUPPORT
AESI will provide limited construction inspection at critical stages of the project
TASK 5 - ELECTRICAL CONSTRUCTION SUPPORT
Follet Engineers will provide limited construction inspection at critical stages of the project
TASK 6 - PROJECT CLOSEOUT
The PACE will assist the CITY in formal closeout of the project. Specific tasks include:
• Final site visit with CITY to develop final punch list to be provided to the contractor.
• Provide all required Substantial Completion correspondence in accordance with the
project specifications.
71
• Create record drawings of the project based on the redlined construction drawings
provided by the contractor as well as the PACE's field records. Record drawings will meet
CITY formatting requirements.
• Production of a Recommendation of Project Acceptance letter provided to the CITY.
The PACE team will perform the above -described services on a Time and Expense basis at their
2024 Rates with a not to exceed amount of $129,476, as shown on the attached spreadsheet. The
project budget will be tracked on the overall budget not by tasks which are for budget purposes
only.
END SCOPE OF WORK
72
73
City of Tukwila
Thomas McLeod, Mayor
Public Works Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Transportation & Infrastructure Services Committee
FROM: Pete Mayer, Interim Public Works Director
BY: Adib Altallal, Utilities Engineer
CC Mayor Thomas McLeod
DATE: July 19, 2024
SUBJECT: Sewer Lift Stations 12 Upgrade
Project 90440207
Design Services Agreement
ISSUE
Approve design services agreement with Parametrix for the Sewer Lift Station 12 Upgrade project.
BACKGROUND
The aging electrical and physical assets of Sewer Lift Station 12 prompted further investigative work in
2016 and 2020. In 2021, minor repairs were made to extend the life of the assets until a comprehensive
repair or a rebuild can be completed. The City is now beginning a comprehensive repair, starting with
an alternatives study and subsequently design.
DISCUSSION
Parametrix was selected as the primary design consultant after reviewing list of 9 other well -qualified
consultants due to their familiarity with the sewer lift station and their proactive work to help the City find
a solution long before it becomes a catastrophic failure.
FINANCIAL IMPACT
The Parametrix design services contract is proposed in the amount of $221,304.48. Although
previously identified as project to be completed in a future biennium, further degradation of the Lift
Station has moved the project up in priority. The funds required to complete the design will be from
provided by cost savings from the 2023 Annual Sewer Repair Project.
Contract 2023 Cost Savings
Parametrix Contract $221,304.58 $ 698,454.11
RECOMMENDATION
Council is being asked to approve the design agreement with Parametrix in the amount of $221,304.58
for the Sewer Lift Station 12 Upgrade project and to consider this item on the Consent Agenda at the
August 5 Regular Meeting.
Attachments: 2023 CIP Page
Parametrix Scope and LOE
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2024 Agenda Items/TIC 07-22-24/4. Sewer Lift Station 12 Retrofit Design Contract Parametrix/1. Info Memo LS12 Upgrade.docx
74
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
2023 to 2028
Sewer Lift Station No. 12 Project No. 90440207
Rebuild sewer lift station 12 to better serve the northeast corner of the Commercial Business District.
Lift Station No. 12 is at capacity due to its limited wetwell size. If substantial growth occurs in the basin
due to the expansion of the mall or other large projects, the existing lift station will need to be upgraded.
A study to repair the wet well is being conducted in 2022.
None at this time.
A Sewer bond issue is proposed to cover financing of this project. Coordinate with Southcenter Blvd Sewer
Upgrade and future LS13.
FINANCIAL
(in $000's)
Through Estimated
2021 2022 2023
2024
2025
2026
2027
2028
BEYOND TOTAL
EXPENSES
Design
300
300
Land (R/W)
500
500
Const. Mgmt.
350
350
Construction
2,500
2,500
TOTAL EXPENSES
0
0
0
0
0
0
0
0
3,650
3,650
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Bond
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
0
0
0
0
0
0
0
3,650
3,650
TOTAL SOURCES
0
0
0
0
0
0
0
0
3,650
3,650
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2023 - 2028 Capital Improvement Program
75
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Parametrix, hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform design services in
connection with the project titled Sewer Lift Station 12 Upgrade.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending 31 December 2025, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than 31 December 2025 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed 221,304.58 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment 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.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
76
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
77
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
78
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant 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.
16. 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
79
DATED this day of , 2024.
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONSULTANT:
By:
Printed Name:
Title:
CA revised May 2020
Page 5
80
Parametrik
let's create tomorrow, together
Exhibit A - Scope of Work
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
Introduction
This scope of work (SOW) describes the services to be provided by Parametrix, Inc. (Parametrix) for
the Lift Station 12 Upgrade Project for the City of Tukwila (City). The City seeks to upgrade Lift
Station 12 to improve reliability, provide renewed longevity, enhance operational efficiency, and
bring the station into compliance with current codes. The City tasked Parametrix to provide
alternatives on how to address these concerns.
List Station 12 was initially built in 1972 and serves Drainage Basins 4 and 8. Upgrades to the lift
station were completed between 2001 and 2003, including pump replacements and a new on -site
generator. According to the City's 2014 Comprehensive Sanitary Sewer Plan (Carollo 2014), the
average annual flow for List Station 12 is approximately 0.19 million gallons per day (MGD) and peak
day average flow is approximately 0.72 MGD. Peak instantaneous flows were estimated to reach
approximately 1.18 MGD with infiltration and inflow contributing to approximately 0.57 MGD.
As identified in the City's 2014 Comprehensive Sanitary Sewer Plan (Carollo 2014), it was
anticipated that the pumps and the lift station structure would reach their useful life by 2023. The
City has considered alternative options to serve Drainage Basin 4 and currently, the pumps at the
existing lift station have not been able to keep up with the variable flows due to wear.
On June 5, 2024, City staff and the Parametrix team conducted a site visit at Lift Station 12 to
discuss the project. Alternatives initially discussed at the site visit with City staff included upgrades to
the existing station, converting the station to a submersible pump station, or building a new wet well.
The Lift Station 12 Upgrade Project includes developing and evaluating potential upgrade
alternatives through collaborative workshops with City personnel, conducting an alternatives
analysis, and determining a preferred design alternative for improvements at the existing lift station.
Subsequently, a preliminary design submittal will be prepared, including 30% design plans, an
outline of technical specifications, and a construction cost estimate.
This SOW does not include the Final Design Phase, which will be determined during the Preliminary
Design Phase, encompassing final design plans, specifications, construction cost estimates, and
necessary permit applications. This SOW also does not include bid support or services during
construction, which will be provided under a separate task order.
Document Organization
• Exhibit A: Scope of Work
• Exhibit B: Limits of Survey
• Exhibit C: Preliminary Sheet List - Preliminary Design
• Exhibit D: Rates and Fee Estimate
• Exhibit E: Subconsultant Proposals
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
1
216-2067-833
July 2024
81
Exhibit A - Scope of Work
■ Exhibit F: Projected Project Schedule
Scope Work Breakdown Structure
Work Breakdown Summary:
■ Task 01 Project Management and Quality Control
■ Task 02 Data Collection and Review
■ Task 03 Develop Alternatives
■ Task 04 Alternatives Analysis
■ Task 05 Preliminary Design
■ Task 06 Subconsultant Allocation
■ Task 07 Management Reserve
Task 01 - Project Management and Quality Control
Objective
Task 01 provides tracking scope, schedule, and budget for the project; overseeing project
administration (filing, invoicing, etc.); coordination and communication with the City; and ensuring
that Parametrix properly implements quality assurance/quality control (QA/QC) procedures over the
duration of this project.
Subtask 01.1 - Project Management
Subtask 01.1 includes project start-up and establishing a project SharePoint site; documenting and
communicating the scope of work, budget, and schedule as a road map for the project team;
coordinating with the project team and addressing issues throughout the project; tracking the project
budget using Parametrix in-house tools to verify that progress aligns with spending; and conducting
check -in meetings with the City's project manager (PM) to discuss and review information and issues
that may affect the work's progress.
Subtask 01.2 - Invoicing & Progress Reports
Subtask 01.2 includes preparing monthly progress reports to accompany each monthly invoice.
Progress reports will include a narrative of work completed, anticipated work for the next period, and
a description of issues affecting project progress and proposed resolutions if necessary.
Subtask 01.3 - Correspondence and Coordination with the City
Subtask 01.3 includes regular communication with the City's PM to discuss and review information
and issues that may affect the progress of the work. Communication may include phone
conversations, scheduled meetings, and electronic communication.
Subtask 01.4 - Coordination with the Parametrix Team
Subtask 01.4 includes regular communication with the Parametrix team to discuss and review
information needs, project information, and issues that may affect the progress of the work.
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
2
216-2067-833
July 2024
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Exhibit A - Scope of Work
Communication may include phone conversations, scheduled meetings, and electronic
communication.
Subtask 01.5 - Project QAQC
Subtask 01.5 includes time to perform quality assurance to verify quality checks have been
completed and addressed, and time to review design as contract plans and specifications are being
prepared. QA/QC will be performed to ensure that City comments have been thoroughly addressed
and internal reviews have been completed prior to delivery of all work products to verify consistency
with internal standards of practice and care.
Task 01 Assumptions
• Project duration is eight (8) months.
• Budget assumes up to six PM check -in meetings to be attended virtually by up to two
Parametrix staff for up to 0.5 hours each.
• Budget assumes up to 10 design team meetings to be attended virtually by up to three
Parametrix staff for up to 0.5 hours each.
Task 01 Deliverables
• Miscellaneous correspondence to document project management issues.
• Monthly progress reports enclosed with invoices (in PDF file format).
• Project Schedule (in PDF file format).
Task 02 - Data Collection and Review
Objective
Task 02 includes the collection, review, and assessment of available information and mapping prior
planning efforts before beginning the alternatives analysis and preliminary design. The Parametrix
team will provide comprehensive written request for information (RFI) lists, which may include record
drawings and relevant planning studies.
Subtask 02.1 - Data Collection and Review
Subtask 02.1 includes collecting and reviewing available historical data, design specifications,
performance metrics, and maintenance records as they pertain to the existing lift station, as well as
collecting and reviewing available technical specifications, performance data, and cost estimates for
submersible pumps, dry pit pumps, and new wet well designs.
Subtask 02.2 - Survey and Mapping
Subtask 02.2 includes determining the right-of-way for Andover Park W, as delineated in Exhibit A.
Parametrix will provide topographic mapping for the lift station located near the southeast corner of
the Westfield Shopping Center, as delineated in Exhibit A. The topographic limits will include the
location of the lift station and the surrounding parking lot of Key Bank. Parcel boundaries will be
limited to within the area to be surveyed and easements of record depicted on the subject property's
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
3
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July 2024
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Exhibit A - Scope of Work
binding site plan will be plotted on the basemap. The setting of any survey monuments at any of the
exterior boundary points of the subject properties.
All physical improvements —such as signs, guardrails, fences, driveways, utility poles, water features,
telecommunication features, storm drainage features, sewer manholes, and other features —will be
mapped during the survey within the right-of-way as well. All storm drainage and sewer structure
invert elevations will be included within the scope of work. Trees will be mapped on -site but will be
limited to trees that have trunk diameters of 6 inches or larger
Parametrix will coordinate with Applied Professional Services (APS) to have the utilities marked out.
Conductible utilities will be mapped per the locate company's markings. Potholing is not included.
Subtask 02.3 - 3D Scanning
Subtask 02.3 includes 3D laser scanning of the site property, building structure exterior and
internals, and existing equipment. This will include both wet well and dry well locations. Laser
scanning provided will initially only be used to confirm and view structure and component locations
and dimensional relevance to each other. Scanning performed will not be to any survey coordinate
system but will be tied into surveyed temporary benchmarks so it can later be combined with the
survey basemap during Task 05 Preliminary Design. Scanning will require physical access to areas
and spaces needed to complete this project and owner shall provide access as required to complete
this effort.
Task 02 Assumptions
• Up to three RFIs will be prepared and provided to the City.
• City response for each RFI list is 7 business days.
• RFIs and shared documents will be shared and accessed via an established Project
Share Point site.
• Parametrix survey crews will be provided reasonable access to all areas requiring surveys.
• Parametrix will be omitting topographic mapping with Andover Park. The topographic survey
will extend to the west face of the curb within the right-of-way of Andover Park.
• All electronic mapping standards will be based on Parametrix drafting standards.
• Parametrix survey crews have client permission to perform minor brushing with machetes to
conduct this survey, if needed, for field crews to perform work described within this SOW.
• Unless otherwise specified by the client, horizontal datum shall be North American Datum
(NAD) 83/11 Washington Coordinate System, North Zone, and vertical datum shall be North
American Vertical Datum of 1988 (NAVD 88).
• The boundary of the property will be merged into the topographic mapping, as appropriate,
and shown for graphical purposes only. This service can be provided if required at a later
date; however, any setting of property corners, and filing of a record of survey (if required) will
be considered Additional Services and billed separately as described below.
• For safety reasons, Parametrix survey crews are not allowed to enter subsurface vaults.
Parametrix work will be conducted from the surface, using measure -down techniques.
Parametrix survey crews will also not open any structure covers over 80 pounds.
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
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July 2024
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Exhibit A - Scope of Work
■ Site scanning will be approximately 20 to 35 scans. Once complete, scans will then be
combined and stitched together providing a single site scan.
■ Budget assumes up to six hours of scanning time shall be required and up to eight hours to
combine all scans into a single site scan.
Task 02 Deliverables
■ RFI lists (provided electronically).
■ One PDF copy of the topographic survey.
■ An electronic drawing file of the topographic survey in AutoCAD Civil 3D 2020 format in one
drawing file.
Task 03 -Develop Alternatives
Objective
Task 03 provides developing and evaluating viable alternatives for upgrading Lift Station 12,
ensuring improved performance and compliance with current standards while minimizing bypass
pumping. Initial concept alternatives include:
■ Alternative 1: Upgrade Existing Station
■ Alternative 2: Convert to Submersible Pump Station
■ Alternative 3: Build New Wet Well
Subtask 03.1 - Determine Alternatives
Subtask 03.1 includes providing technical evaluation and support in preparation for Workshop 1
(see Task 03) in support of a concept screening to determine the two design alternative types
to develop for refinement, selected from the three concept alternatives: submersible, dry pit, and
new wet well. Parametrix will assess available information to determine the practicality of
implementing each alternative. This subtask includes developing a description of each of the three
alternatives as listed above, a concept feasibility layout, a brief list of advantages and
disadvantages, and a Class 5 engineer's opinion of construction cost. If initial evaluation determines
the alternative has a fatal flaw, the concept layout and opinion of construction cost will not be
developed.
Subtask 03.2 - Refine Alternatives
Subtask 03.2 includes providing technical evaluation and support to refine two design alternatives in
preparation for Workshop 2 (see Task 04). This subtask includes developing a detailed description of
two design alternatives and identifying potential risks and challenges for each alternative, including
technical, financial, and operational. This subtask includes developing confirmation layouts for each
alternative and an evaluation of real estate needs, including staging area, traffic impacts during
construction, construction feasibility, as well as a Class 4 engineer's opinion of construction cost.
Estimate of property purchase costs are not included.
Task 03 Assumptions
■ The number of evaluated alternatives will remain as listed in this task.
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
5
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July 2024
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Exhibit A - Scope of Work
■ No computer sewer model development will be included in this task.
■ Sufficient data on the current pump station's performance, maintenance, and operational
history, and technical specifications will be available to evaluate and prepare cost estimates
for submersible, dry pit, and new wet well alternatives for accurate comparison and
evaluation.
■ The three concept feasibility layouts will be one page each.
■ The two planning -level confirmation layouts will be one page each.
■ Subtasks 03.1 and 03.2 engineer's opinion of construction costs will be prepared to the
Association for the Advancement of Cost Engineering (AACE) Classes 5 and 4, respectively.
Typical accuracy ranges for AACE classes vary depending on the technological complexity of
the project, appropriate reference information, and the inclusion of an appropriate
contingency determination.
Task 03 Deliverables
■ Information and documentation to support Alternative Analysis Workshops. See Task 03
(various file formats).
■ Three concept layouts (in PDF file format).
■ Two feasibility layouts (in PDF file format).
■ Class 5 and Class 4 engineer's opinion of construction costs (in PDF file format).
Task 04 - Alternatives Analysis
Objective
Task 04 provides a holistic evaluation of viable options for upgrades to Lift Station 12 with City staff.
Two workshops will be conducted: the first to screen initially identified alternatives, and the second
to evaluate alternatives using a Triple Botton Line (TBL) Analysis to determine a preferred upgrade
design option. This task also includes a technical memorandum (tech memo) summarizing the
decision process in determining the preferred alternative.
Subtask 04.1 - Alternatives Analysis Workshops
Subtask 04.1 includes providing key services to prepare for and conduct two Alternative Analysis
Workshops, including the development of presentation materials, facilitating the workshops,
providing technical expertise during the workshop, and providing documentation of discussion,
decisions, and action items.
Parametrix will meet with City personnel to evaluate the identified alternatives, as well as discuss the
information collected and analyzed in Task 03. These workshops include:
■ Workshop 1: Review project goals and preferences with City staff to conduct a concept
screening of the three identified concept alternatives to determine two alternatives to further
refine and evaluate.
■ Workshop 2: Conduct an alternatives comparison (TBL Analysis) of two identified alternatives
to determine one preferred design alternative.
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
6
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July 2024
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Exhibit A - Scope of Work
Subtask 04.2 - Alternatives Analysis Tech Memo
Subtask 04.2 includes documenting and summarizing the alternatives and decisions made during
the Alternatives Analysis Workshops into a tech memo, ensuring clear communication of the
selection process, alternative descriptions, and supporting exhibits.
Preliminary Alternative Analysis Tech Memo sections include:
• Project Introduction and Background.
• Workshop 1 and Alternative Descriptions.
• Workshop 2 and Alternative Descriptions.
• Preferred Alternatives and Recommendations.
• Attachments:
—> Concept and Confirmation Layouts.
Engineer's opinions of construction cost.
Workshop Agendas and Summaries.
—> Presentation Materials.
Task 04 Assumptions
• Budget assumes each Alternative Analysis Workshop will be attended to three Parametrix
staff (two in -person and one virtually) for up to 1.5 hours each. Budget includes travel time to
the City of Tukwila Public Works Office/Conference Room from the Parametrix Puyallup office
and mileage.
• Each Alternative Analysis Workshop may be attended by up to five City personnel.
• Criteria for the TBL Analysis will be developed with the City via check -in meetings with the City
PM (see Subtask 01.3). The criteria for evaluation shall include financial, environmental, and
social benefits, impacts, and risks.
• Workshop materials may include tables, charts, and a decision matrix to facilitate discussion
and engagement.
• The Alternative Analysis Tech Memo will be up to 15 pages with up to approximately four
attachments, as described above.
• The Draft Alternative Analysis Tech Memo review comments will be collected and
consolidated by the City PM and returned to the Parametrix team within 10 business days of
Draft Tech Memo delivery.
• Budget assumes that review comments will not involve changes to decision made in the
workshops, and will include limited tracked edit suggestions and margin comments provided
by the City on the Draft Alternative Analysis Tech Memo.
• Parametrix will finalize the Alternative Analysis Tech Memo within 10 business days after
receiving City review comments.
Task 04 Deliverables
• An agenda for each Alternative Analysis Workshop (in PDF File Format).
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
7
216-2067-833
July 2024
87
Exhibit A - Scope of Work
• Workshop presentation materials (various File Formats).
• Alternative Analysis Workshop Summaries (in PDF File Format).
• Alternative Analysis Tech Memo (Draft and Final in PDF File Format).
Task 05 - Preliminary Design
Objective
Task 05 provides initiating the Preliminary Design Phase of the preferred alternative determined in
Task 04. This task includes an initial design meeting with City staff, preparation and submission of
the Preliminary Design (30%) Submittal, including plans, specification outline, and engineer's opinion
of construction cost, as well as a design review workshop with City staff.
Subtask 05.1 - Initial Design Meeting
Subtask 05.1 includes kicking off the preliminary design phase with City staff and ensuring
stakeholders are aligned with the identified preferred alternative in Task 04, project goals, design
requirements, and project expectations for producing the 30% Design Submittal for Lift Station 12
upgrades. This meeting will focus on reviewing and confirming project goals and requirements;
revisiting the project schedule, including milestones and deliverables; and addressing any initial
questions or concerns from stakeholders.
Subtask 05.2 - Preliminary Design
Subtask 05.2 includes developing preliminary design plans for the proposed upgrades to Lift
Station 12 based on the preferred alternative determined in Task 04, generating a proposed list of
Construction Specifications Institute (CSI) and Washington State Department of Transportation
(WSDOT) technical specifications for the project, and preparing a 30% engineer's opinion of
construction cost.
A preliminary Drawing Sheet List is included as Exhibit C.
Subtask 05.3 - Preliminary Design Review Meeting
Subtask 05.3 includes a Preliminary Design Review Meeting with City staff to review City comments
and feedback on the Preliminary Design Submittal.
Task 05 Assumptions
• Budget assumes the Initial Design Meeting will be attended by up to four Parametrix staff
(two in -person and one virtually) for up to 1.0 hours each. Budget includes travel time to the
City of Tukwila Public Works Office/Conference Room from the Parametrix Puyallup office
and mileage.
• Budget assumes up to 12 sheets will be developed as part of the Preliminary Design
Submittal, as listed in Exhibit C. Should the preferred alternative determined in Task 04
require more Preliminary Design Plans than assumed, an amendment may be required.
• The preliminary cost estimate will be prepared to the AACE Class 3. Typical accuracy ranges
for AACE classes vary depending on the technological complexity of the project, appropriate
reference information, and the inclusion of an appropriate contingency determination.
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
8
216-2067-833
July 2024
88
Exhibit A - Scope of Work
• The preliminary cost estimate will generally be estimated as single lump sum prices, with unit
prices for earthwork and underground piping as appropriate.
• The City review of the Preliminary Design Submittal is 10 business days.
• The City will provide review comments and feedback to Parametrix prior to the Preliminary
Design Review Meeting.
• Budget assumes the Preliminary Design Review Meeting will be attended by up to four
Parametrix staff (two in -person and one virtually) for up to 2.0 hours each. Budget includes
travel time to the City of Tukwila Public Works Office/Conference Room from the Parametrix
Puyallup office and mileage.
• City review comments and feedback of the Preliminary Design Submittal will be incorporated
into the Final Design Phase.
Task 05 Deliverables
• Agenda and meeting summary for Initial Design Meeting (draft and final in PDF file format).
• Preliminary Design Plans, half-size, 11 by 17 inches (in PDF file format).
• Preliminary Design Specification Outline (in PDF file format).
• Class 3 engineer's opinion of construction cost (in PDF file format).
• Meeting summary for Preliminary Design Review Meeting (draft and final in PDF file format).
• Revised Project Schedule (in PDF file format).
Task 06 - Subconsultant Allocation
Objective
Task 06 provides a budgetary allocation for subconsultant services that will be required for the
Alternatives Analysis and Preliminary Design of the Lift Station 12 Upgrade Project.
Subtask 06.1 - Utility Locate Services
Subtask 06.1 includes a detailed proposal for utility locate services, prepared by subconsultant, APS,
included in Exhibit E. In general, APS will locate and mark known utilities within the project
boundaries and will sweep the project boundary areas to attempt to identify any unknown or
abandoned utilities. Utility potholing not included.
Task 06 Assumptions
• The City will review subconsultant's scope and fee proposals in advance of contract
execution between prime consultant (Parametrix) and subconsultant. Once proposals are
acceptable to the City, authorization will be issued in writing to allow the subconsultant to be
added to the prime consulting contract and provide authorization to proceed with the scoped
work.
• Work will not proceed for any of the subconsulting efforts until the City has provided
authorization for the subcontractor to be added to the primary contract, has approved of the
subconsultant's scope and fee, and has issued NTP for the work.
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
9
216-2067-833
July 2024
89
Exhibit A - Scope of Work
Task 06 Deliverables
■ See Exhibit E, Subconsultant Proposals, for detailed deliverables.
Task 07 - Management Reserve
Objective
Task 07 is a budgetary allocation so that the City has a discretionary budget to cover professional
services that are not defined in this SOW and are unknown at the time of the scope development.
Parametrix will provide a written scope and fee estimate for any additional services requested prior
to execution for the City's consideration. This task will remain unused unless the City issues a written
(email) authorization for work to be completed under this Task.
Assumptions
■ The budget for this work may be used by the Consultant, as authorized by the City.
■ The City will authorize the use of funds in this task in writing (email) prior to the Consultant
starting the work.
Deliverables
■ Documentation for professional services not defined in this SOW, as required or requested by the
City.
Rates and Fee Estimate
Rates and fee estimate for this scope of work (SOW) is included as Exhibit D. This budget is reflective
of this SOW, known information, and previous experience regarding the level of effort on similar
projects.
Projected Project Schedule
The schedule below summarizes project tasks based on anticipated notice to proceed (NTP) on or
around August 5, 2024. Receipt of NTP after this day may result in a corresponding delay in the
following projected schedule for tasks included in this SOW. A projected Project Schedule is included
as Exhibit F.
Task
Start Finish
Task 01 Project Management and Quality Control 08/2024 03/2025
Task 02 Data Collection and Review 08/2024 08/2024
Task 03 Develop Alternatives 08/2024 10/2024
Task 04 Alternatives Analysis 09/2024 12/2024
Task 05 Preliminary Design 10/2025 03/2025
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
10
216-2067-833
July 2024
90
Exhibit A - Scope of Work
References
Carollo (Carollo Engineers). 2014. City of Tukwila, WA, Final Comprehensive Sanitary Sewer Plan, .
Carollo Engineers, Seattle, WA.
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
11
216-2067-833
July 2024
91
Parametrik
let's create tomorrow, together
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
1
Exhibit B - Limits of Survey
216-2067-833
July 2024
92
Parametrik
let's create tomorrow, together
The Preliminary Drawing Sheet List includes:
• General
-+ Title Sheet, Vicinity Map, and Index
—> Symbols and Legend
—> Abbreviations
• Civil
—> Site Layout Plan and Survey Control
—> Plan and Elevations
—> Section and Details
• Mechanical
—> Pump and Piping Floor Plan
- Pump and Piping Sections
• Electrical
—> Legend and Abbreviations
—> One -Line Diagram
—> Site Plan
• Piping and Instrumentation Diagram (P&ID)
—> Piping and Instrumentation Diagram (P&ID)
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
1
Exhibit C - Preliminary Drawing
Sheet List - Preliminary Design
216-2067-833
July 2024
93
Exhibit D - Rates and Project Fee Estimate
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
7
z
Jakubowitch, Andy
Cosgrove, Sandy
Crackenberger, Sarah
Carlson, Cameron
Ortega, JJ
Taylor, Kathy
Luke McMullan
Lucas, Amanda
5.
w
Van Cleave, Ken
Printz, Whitney
Wilson, Stephen
Wittman, Connor
Merth, Joe
,_inke, Jake
Mark Mollnow
Denise Peterson
Cliff West
PIC
PM
SME/QAQC
PC
Acct
Electrical
Support
CAD
Cost Estimator
Pubs
Survey
Survey
Survey
Survey
Electrical QC
Structural QC
Structural
CAD Design
CAD Design
CAD Design
Senior
Consultant
Senior Engineer
Senior Engineer
Sr Project
Control
Specialist
Senior Project
Accountant
Electrical
Engineer VI
Engineer I
Senior Designer
Planner IV - Cost
Estimator
Publications
Supervisor
Survey
Supervisor
Senior Survey
Project
Coordinator
Surveyor III
Senior Electrical
Engineer
Senior
Consultant
Engineer VI
=
Y
," o
w o
Senior Designer
Burdened Rates:
$319.48
$226.56
$249.50
$147.52
$132.42
$212.06
$125.00
$202.77
$142.39
$142.39
$210.50
$153.99
$105.95
$136.50
5229.32
$317.00
$194.09
$152.53
$171.31
$221.22
Phase
Task
Description
Labor Hours
Labor Dollars
WI
1106
$221
8
7
111.56
0
24
ilr 60
5
5implapt40
1
Project Management & Meetings
102
$22,977.14
9
36
16
8
7
6
6
0
0
0
4
0
0
0
5
5
0
0
0
0
1.1
Project Management
13
$2,663.01
10
3
1.2
Invoice and Progress Reports
16
$2,616.28
4
8
4
1.3
Correspondence and Coordination with the City
21
$4,618.56
1
16
2
2
1.4
Coordination with the Consultant Team
19
$4,165.04
3
6
2
4
4
1.5
Project O.A/QC
33
$8,914.25
5
14
4
5
5
2
Data Collection and Review
197
$30,229.70
2
12
1
0
0
8
16
0
0
0
0
40
24
60
0
0
8
20
0
6
2.1
Data Collection and Review
47
$8,856.38
2
12
1
8
16
8
2.2
Survey and Mapping
124
$16,892.40
40
24
60
2.3
3D Scanning
26
$4,480.92
20
6
3
Develop Alternatives
302
$59,574.40
20
56
6
0
0
24
48
40
36
0
0
0
0
0
0
0
24
0
16
32
3.1
Determine Alternatives
153
$30,083.20
10
28
3
0
0
14
24
16
20
0
0
0
0
0
0
0
14
0
8
16
Concept Feasibility Layouts
123
$24,777.90
8
24
3
12
24
16
12
8
16
Cost Estimates
30
$5,305.30
2
4
2
20
2
3.2
Refine Alternatives
149
$29,491.20
10
28
3
0
0
10
24
24
16
0
0
0
0
0
0
0
10
0
8
16
Confirmation Layouts
123
$24,775.46
8
24
3
8
24
24
8
8
16
Cost Estimates
26
$4,715.74
2
4
2
16
2
4
Alternatives Analysis
168
$30,628.86
16
40
0
0
0
14
72
0
0
12
0
0
0
0
0
0
14
0
0
0
4.1
Alternatives Analysis Workshop
56
$10,456.20
10
14
0
0
0
0
28
0
0
4
0
0
0
0
0
0
0
0
0
0
Workshop 1 Prep
16
$2,919.15
2
5
8
1
Workshop 1 and Summary
12
$2,308.95
3
2
6
1
Workshop 2 Prep
16
$2,919.15
2
5
8
1
Workshop 2 and Summary
12
$2,308.95
3
2
6
1
4.2
Alternatives Analysis Tech Memo
112
$20,172.66
6
26
0
0
0
14
44
0
0
8
0
0
0
0
0
0
14
0
0
0
Draft
69
$12,389.03
4
16
8
28
5
8
Final
43
$2,283.63
2
10
6
16
3
6
5
Preliminary Design
337
$65,954.62
18
56
9
0
0
39
73
32
20
1
0
0
0
0
0
0
13
0
24
35
5.1
Initial Design Meeting
19
$3,662.48
3
3
3
8
2
5.2
Preliminary Design
301
$58,395.00
15
53
9
0
0
36
65
32
20
1
0
0
0
0
0
0
11
0
24
35
Drawings
261
$50,886.32
12
45
9
31
65
32
8
24
35
Specification Outline
10
$2,203.38
1
4
3
1
1
Cost Estimate
30
$5,305.30
2
4
2
20
2
5.3
Prelminary Design Review Meeting
17
$3,892.14
4
5
4
2
2
6
Subconsultant Allocation (Includes 10% Markup)
0
$742.50
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
5.1
Utility Locate Services
0
$242.50
7
Management Reserve (5%)
0
$10,505.36
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
7.1
Management Reserve
0
$10,505.36
Project Expenses
$692.00
Mileage (assumes 800 mi for site visits and survey @ $0.665/mile)
Survey Equipment (assumes 1 use @ $160/use)
$532.00
$160.00
Total Fee Estimate
$221,304.58
216-2067-833
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
July 2024
94
SApplied Professional Services, Inc.
43530 SE North Bend Way
North Bend, WA 98045
"Solutions that exceed expectations"
Date
Project Address/Job Number:
Services Performed For:
7/16/2024
275 Andover Park W, Tukwila
Parametrix
Justin Emery
Design Survey Locating
jemery(a�parametrix.com
253-785-3028
Scope of Work
A. APS, Inc. will employ all industry and best practices to designate and mark the known
conductible and/or non -conductible utilities within the project boundaries.
B. APS, Inc. will sweep the area, after the known utilities have been marked, to attempt
to identify any unknown or abandoned utilities.
C. The project boundaries are defined by civil drawings or maps provided by the Client.
Cost Estimate
LABOR DESCRIPTION
HOURS RATE AMOUNT
RMT" Conductible Locates
5
$135.00
$675.00
Total
$675.00
Statement of Work for Parametrix •
9
95
Invoicing
Net 30 days on all billing unless specified otherwise under a separate contract or
negotiation.
Disclaimer
APS, Inc, and or its employees cannot guarantee that all conductible and/or non -conductible
utilities within the project boundaries can or will be found.
Project Estimate
NOT TO EXCEED WITHOUT WRITTEN CLIENT APPROVAL:
This hourly / not to exceed project estimate is based on the estimated number of hours it will
take to perform the Scope of Work. If the project requires additional time or costs to
complete the Scope of work, then written approval to exceed the original cost estimate is
required.
By
Name
Parametrix
Title
Statement of Work for Parametrix •
2
96
City of Tukwila
Lift Station 12 Upgrade
Alternatives Analysis and Preliminary Design
Exihibit F - Projected Project Schedule
ID
Task Task Name
e Mode
Duration Start Finish Predecessors
S pa'24 S pt S,, ,' 4 On6,'2 ORt On 2n '24 Oct 27' 4 ov 3,'24
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Anticipated NTP: August 5, 2024
0 days Mon 8/5/24 Mon 8/5/24
160 days Mon 8/5/24 Fri 3/14/25
8 mons Mon 8/5/24 Fri 3/14/25
8 mons Mon 8/5/24 Fri 3/14/25
k 8/5
I Task 01: Project Management and Quality Control
1
1
1
1
1
1
Subtask 01.1: Project Management
Subtask 01.2: Invoicing & Progress Reports
Subtask 01.3: Correspondence with City
8 mons Mon 8/5/24 Fri 3/14/25
6
Subtask 01.4: Coordination with Consultant Team
8 mons Mon 8/5/24 Fri 3/14/25
7
Subtask 01.5: Project OAOC
8 mons Mon 8/5/24 Fri 3/14/25
I'I
1.
"I
"I
"I
a
Task 02: Data Collection and Review
12 days Mon 8/5/24 Tue 8/20/24
9
Subtask 02.1: Data Collection and Review
10 days Mon 8/5/24 Fri 8/16/24
10
Subtask 02.2:Survey and Mapping
5 days Wed 8/14/24Tue 8/20/241F5+7
5 days Wed 8/14/24Tue 8/20/241F5+7
42 days Wed 8/21/24Thu 10/17/2.
13 days Wed 8/21/2r Fri 9/6/24
days —
days
1
9,10,11,1
11
Subtask 02.3: 3D Scanning
Task 03: Develop Alternatives
Subtask 03.1: Determine Altematives
12
13
14
ors
Concept Layouts
10 days Wed 8/21/24Tue 9/3/24
15
.
Cost Estimates
3 days Wed 9/4/24 Fri 9/6/24
14
16
.
•.
1
.
.
.
.
Ws.
.
Subtask 03.2: Refine Alternatives
Concept Layouts
Cost Estimates
Task 04: Alternatives Analysis
Subtask 04.1: Alternathies Analysis Workshops
Workshop 1
26 days Thu 9/12/24 Thu 10/17/2.
1
17
18
21 days Thu 9/12/24 Thu 10/10/2,21
5 days Fri 10/11/24 Thu 10/17/2,17
73 days Mon 9/9/24 Wed 12/18/2
32 days Mon 9/9/24 Tue 10/22/24
3 days Mon 9/9/24 Wed 9/11/2414,15
3 days 1Fri 10/18/24 Tue 10/22/2,17,18
41 days Wed 10/23/: Wed 12/18/:17,18
21 days Wed 10/23/2 Wed 11/20/222
10 days Thu 11/21/2, Wed 12/4/2424
19
20
or
22
23
Workshop 2
Subtask 04.2: ARernathre5 Analysis Tell Memo
Draft
24
25
R
City Review
1
26
27
R
R
Final
Task 05: Preliminary Design
10 days Thu 12/5/24 Wed 12/18/225
103 days Wed 10/23/2 Fri 3/14/25
28
R
Subtask 05-01: Initial Design Meeting
3 days Wed 10/23/21Fri 10/25/24 22
29
R
Subtask 0503: Preliminary Design
100 days Wed 10/23/:Tue 3/11/25
I
30
ry
Plans
85 days Wed 10/23/2Tue 2/18/2522
85 days Wed 10/23/2Tue 2/18/2522
5 days Wed 2/19/25Tue 2/25/2530,31
31
32
s
ra.
Specification Outline
Cost Estimate
33
.
City Review
10 days Wed 2/26/25Tue 3/11/2530,31,32
1
34
.
Subtask 05-04: Preliminary Design Review Meeting
3 days Wed 3/12/25 Fri 3/14/25
33
Project: LS 12 Project
Date: Thu 7/11/24
1 I
Manual
Manual
atemalTaaks
Ertemal
♦
Schedule teak Milestone
it Summary
♦ Project Summary
Inactive Milestone
Inactive Summary
Manual teakTa
Summary Rollup Start -only C
Deadline
Milestone • Progress
Manual Progress
I1 Inactive Task
Duration -only
Summary U1 Finish -only D
Page 1
97