HomeMy WebLinkAboutRes 1006 - Amend Memorandum of Agreement - Metro Effluent Transfer System (ETS)
RESOLUTION NO. 1006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, APPROVING AMENDMENT NO. 1 TO THE MEMORANDUM
OF AGREEMENT BETWEEN THE MUNICIPALITY OF METROPOLITAN
SEATTLE AND THE CITY OF TUKWILA REGARDING EFFLUENT
TRANSFER SYSTEM CONSTRUCTION AND AUTHORIZING THE MAYOR
TO SIGN -SUCH AMENDMENT.
WHEREAS, the City of Tukwila and the Municipality of
Metropolitan Seattle (Metro) entered into that certain agreement
entitled "Memorandum of Agreement between the Municipality of
Metropolitan Seattle and the City of Tukwila regarding Effluent
Transfer System Construction" on August 7, 1986, and
WHEREAS, said agreement acknowledges that the schedule for
the design and construction of the Renton Effluent Transfer System
within the City of Tukwila requires extraordinary technic -a]
support and timely reviews by the City of Tukwila, and provides in
Section 3 for compensation to be paid to the City by Metro for
such extraordinary support rendered during the year 1985, and
WHEREAS, Section 3 of said agreement further recognizes that
the City of Tukwila will be required to continue providing
technical support during the year 1986 and contemplates further
agreement by the parties concerning the amount of compensation to
be paid to the City of Tukwila for such extraordinary,support, and
WHEREAS, Metro and the City have negotiated an amendment to
the Memorandum of Agreement to provide a scope and budget for
assistance and coordination by the City of Tukwila during 1986,
now, therefore,
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY
RESOLVE AS FOLLOWS:
Section 1. Approval of Amendment and Authorization for
Signature. The City Council hereby approves that certain
agreement entitled "Amendment No. 1 to the Memorandum of Agreement
between the Municipality of Metropolitan Seattle and the City of
Tukwila regarding Effluent Transfer System Construction The
Mayor is hereby authorized to execute such Amendment on behalf of
the City.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, this day of 1986.
APPROVED:
kH4 6F4FE,ACIL PRESIDENT
ATTEST /AUTHENTICATED:
�TL, MAI ANDERSON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY"
B Y �e e 6 //1"
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:- 6
RESOLUTION NO. 1,006
AMENDMENT NO. 1 TO THE
MEMORANDUM OF AGREEMENT BETWEEN THE MUNICIPALITY OF METROPOLITAN
SEATTLE AND THE CITY OF TUKWILA REGARDING
EFFLUENT TRANSFER SYSTEM CONSTRUCTION
THIS AMENDMENT is made and entered into this day
of 1986, by and between the City of Tukwila,
Washington, a noncharter optional municipal code city, hereinafter
referred to as "the City" and the Municipality of Metropolitan
Seattle, a metropolitan municipal corporation of the State of
Washington, hereinafter referred to as "Metro
WHEREAS, Metro is mandated by the Washington State Department
of Ecology'to eliminate the discharge of sewage effluent into
the Duwamish River from Metro's Renton Treatment Plant by July 1,
1986, and
WHEREAS, Metro plans to construct an effluent transfer
system "ETS Project in order to fulfill the Department of
Ecology's mandate along an alignment which will require construction
within the corporate boundaries of the City, and
WHEREAS, on August 6, 1986, Metro pursuant to Resolution
No. 4558, adopted July 18, 1985, and the City entered into an
agreement (hereinafter the "original Agreement which provides
compensation to the City for extraordinary services associated
with the ETS Project and provides for restoration and mitigation
in conjunction with the ETS Project Construction, and
WHEREAS, this agreement provided for compensation only
through 1985 for extraordinary services provided by the City
and anticipated that additional compensation for 1986 would
be authorized by an amendment to the agreement, and
WHEREAS, Metro desires to continue to receive the extraordinary
services provided by the City,
1
NOW, THZREFORE, in consideration of the mutual covenants
and conditions hereinafter contained, the parties hereto agree
as follows:
Section 1. General
The terms and provisions of the Original Agreement remain in
full force and effect and are only modified as specifically
set forth in this Amendment No. 1. Nothing in this amendment
shall be construed to relieve Metro or the City of Tukwila of
their respective responsibilities and obligations outlined in
the Original Agreement
Section 2. Scope of Services
Exhibit "A" of the Original Agreement is hereby replaced by
Exhibit "A" Revised attached hereto which is hereby incorporated
herein by this reference. Any section in the Original Agreement
referring to scope of services shall also apply to the scope
of services generally described in "Exhibit A Revised
Section 3. Compensation
For purposes of this Amendment No. 1 only, Paragraph A and D
of Section 3 of the Original Agreement is amended as follows:
A) Metro agrees to reimburse the City for actual costs
and staff time incurred by the City for providing the services
set forth on Exhibit "A" Revised and performed in a satisfactory
manner pursuant to this Agreement up to a maximum amount of
$386,765.00, during the years 1985 and 1986, subject to adjustment
as provided in Section 10 below. Said maximum amount shall
constitute full and complete payment for all services rendered
and costs incurred by the City in connection with those services
listed on Exhibit "A" Revised, during the years 1985 and 1986.
As used in this paragraph, the terms actual costs and "staff
time" include, but are not limited to,
1) Personnel, labor and related costs such as fringe
benefits, overhead, supplies and equipment consumed.for the
ETS Project;
2
Z) Consultant and contract services costs, including
engineering• legal and other professional services costs approved
in advance by Metro, incurred by the City performing the services
contemplated by Exhibit "A" Revised to this Agreement. Labor
and benefits will be paid in accordance with rates and elements
established by the City's work order system plus documented
administrative overhead, or, in the case of consultant services,
in accord with rates set forth in any contract between the City
and a consultant approved by Metro.
D) Both parties understand and agree that the scope of
services to be performed by the City after December 31, 1986
cannot be determined until construction is fully underway.
The City will prepare and submit to Metro for approval a 1987
budget on or before October 1, 1986. Both parties shall agree
on the scope of services to be performed by the City in 1987
and the estimated costs thereof prior to the provision of any
such services with the exception of reimbursement. Approval
of the 1987 budget and scope shall be accomplished through written
amendment to this Agreement as provided in Section 10.
IN WITNESS WHEREOF the parties hereto have executed this
Amendment No. 1 as of the day and year first above written.
CITY OF TUKWILA MUNICIPALITY OF
BY
MAYOR, GARY L. VAN DUSEN ALAN J. GIBBS
EXECUTIVE DIRECTOR
ATTEST /AUTHENTICATED:
CITY CLERK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
3
ORIGINAL AGREEMENT AIEMONENT NO. 1
DESIGN BUDGET CONSTRUCTION BUDGET CONSTRUCTION BUDGET TOTAL
1/1/86 to 12/31/86 1/1187 to
PROJECT COORDINATION DEPARTMENT
Provide support staffing space.
equipment. communications. transportation.
office supplies for overall coordination,
monitoring inspection, record keeping. cost
accounting. reporting and administration
of professional services. 98.783 217.587 316,370
PLANNING DEPARTMENT
Provide the overall coordination,
administration, review, documentation
in compliance with the City Environmental
Ordinances and related permits. 11,000 10,000 21,000
PARK RECREATION DEPARTMENT
Coordination of golf course activities
In order to accommodate the construction
of the ETS System and related construction. 7,000 6.000 13,000
PUBLIC WORKS ENGINEERING DIVISION
Plan review during design phase, permit
review, and monitoring of inspection
and performance during construction activities. 3.255 3 6.255
PUBLIC WORKS MAINTENANCE DIVISION
Plan review for infrastructure adjustments.
inspection during construction and extraordinary
maintenance and operation procedures. 10.140 10,000 20.140
OTHER DIRECT SERVICES
0 10.000 10.000
BUDGET AMOUNT $130,178 256,587 $386.765
For extraordinary service which exceeds those