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HomeMy WebLinkAboutCOW 2004-03-22 COMPLETE AGENDA PACKET5. REPORTS 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Council Agenda COMMITTEE OF THE WHOLE Steven M. Mullet, Mayor Rhonda Berry, City Administrator Jim Haggerton, Council President g. Councilmembers: Pam Carter Joe Duffie Dave Fenton Joan Hernandez Pamela Linder Dennis Robertson Monday, March 22, 2004, 7 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL Code Enforcement update PRESENTATION Kathy Stetson and Joyce Trantina, City of Tukwila Code Enforcement. 3. CITIZEN At this time, you are invited to comment on items not included on COMMENT this agenda. To comment on an item listed on this agenda, please save CORRESPONDENCE your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. Economic Development Administrator position description p 3 and funding. b. Solid waste contract extension with SeaTac Disposal. Pg. 13 c. Council Chambers upgrade project. d. A resolution setting a public hearing for vacation of Maule Avenue (South 143rd Street to South 143rd Place). e. A bid award for the Andover Park West Overflow Project. f. Authorize Mayor to sign a consultant agreement for the Water and Sewer Comprehensive Plan. Authorize Mayor to sign a consultant agreement for the Southcenter Parkway extension (South 180th Street to south City limits). h. An ordinance restricting the use of compression brakes within the City limits. i. Utility tax relief program. a. Mayor c. Staff b. City Council d. City Attorney Pg.125 Pg.133 e. Intergovernmental Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. Pg. 19 Pg. 31 Pg. 39 Pg. 47 Pg. 81 Original Sponsor: Timeline: CAS Number: 04-037 Agenda Item Title: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known) Meeting Date 03 -22 -04 Meeting Date 03 -22 -04 Initials 1 Prepared by J Mayor's review 1 Council review B. Baker for" V. Jessop Economic Development Position (including proposed classification Description and monthly wage) Council Admin. X Mayor's Office /Admin. Services Dept. Post discussions between Mayor's Office staff, the Finance Director and the Administrative Services Director, direction was for staff to prepare a proposed classification description (broad picture) and salary comparison information. Said information was gathered and /or prepared and provided to the Finance Safety Committee at their March 1, 2004 meeting. That Committee approved the position and recommended the item be forwarded to the next Committee of Whole meeting for discussion. Approve position. Same as sponsor. Same as sponsor. Proposed Salary Range $6501 -$8451 Original Agenda Date: March 22, 2004 Sufficient funds exist between Mayor's budget and professional services monies. Action Attachments Meeting Date 03 22 04 Memo. to Finance Safety Committee dated 02 -26 -04 Proposed Classification Description Proposed Monthly salary Minutes Finance Safety Committee March 1, 2004 Organizational Chart ITEM No. City of Tukwila (Ifs f_ 'Z 6200 Southcenter Boulevard Tukwila, Washington 98188 rsos MEMORANDUM TO: Finance and Safety Committee Dave Fenton, Chairperson Joan Hernandez Dennis Robertson FROM: Viki Jessop, Administrative Services Director DATE: February 26, 2004 RE: Economic Development Administrator Thank you for your consideration. Mayor Mullet, Rhonda Berry, Alan Doerschel and I met to discuss the position of Economic Development Administrator for the City of Tukwila. Based on our review, the Mayor has asked that I provide you with the following information (copies attached): Copy of proposed classification description (broad picture). Copy of job description (more specific picture). Salary comparison information. Draft language to be incorporated into a resolution to clarify the title for the position. In addition, I have spoken with Alan,Doerschel regarding the money budgeted for this position. With the changes that are expected regarding the City Administrator, the position of Assistant City Administrattor will not be filled and that money is available to fund the EDA position instead. There is currently $71,000 in the Mayor's budget, plus a portion of the $30,000 Professional Services money that is budgeted for Rob Larsen. In addition, since the position will not be filled for several months, there will be sufficient money to cover the wages and benefits. There may be a need for an additional half -time clerical person to support this position and the ability to pay within the current budget is being reviewed at this time. Additional information will be provided to you at the meeting on Monday with regard to what the expectations are for the individual to be focused on in this position. Alan, Rhonda and I will be at the meeting to answer questions you may have. Phone: 206-433-1800 City Hall Fax: 206-433-1833 www.ci.tukwila.wa.us Steven M. Mullet, Mayor BAND E 1. 2. FLSA Exempt CLASSIFICATION TITLE Department Administrator CLASSIFICATION SUMMARY E -8 -1 Classification Description Page 1 CITY OF TUKWILA CLASSIFICATION DESCRIPTION GRADE ISUBGRADE 8 I 1 I This position is not responsible for work performed by another banded at the same level. APPROVAL ti= DATE:UPDATEII JOB TITLES CLASSIFICATION TITLE OF IMMEDIATE SUPERVISOR City Administrator Economic Development Administrator Under the general administrative direction of the City Administrator, performs a variety of managerial, professional and administrative work in planning, directing, organizing and coordinating the overall activities of the division and assigned programs. Plans, develops, organizes, manages, and evaluates assigned Daily E8 City-wide programs, to include developing strategies and implementing the City Council's adopted policies regarding assigned programs. Assists departments with programs and projects to ensure Daily E8 coordination between assigned area and department 15% programs. Reviews and evaluates department policies and actions that may impact assigned area. 20% TASK ESSENTIAL DUTIES FREQUENCY BAND/ NO GRADE 3. Develops and maintains working relationships with City Daily E8 staff; community, regional, State and national contacts; and 15% strategic partners in the community to facilitate economic vitality for the City and represent the City in contract negotiations relating to economic development. 4. Prepares and presents staff reports and briefings to City Weekly E8 staff, City Council, Commissions, advisory committees, 10% citizen groups, and the public. Provides representation to a variety of boards and commissions; and attends and participates in professional groups and committees. Assists the City Council in identifying economic development objectives and developing strategies. 5. Manages and evaluates performance of assigned programs Weekly E8 including establishing program goals, priorities, and delivery 10% strategies; compiling information; and analyzing the effectiveness of assigned programs. 6. Researches, analyzes, and prepares various reports, plans, Weekly E8 and other materials requiring judgment as to content, 5% accuracy, and completeness. 7. Prepares and manages the division budget utilizing intemal Weekly E8 controls to assure fiscal responsibility and financial 5% accountability. 8. Researches funding sources, writes proposals, determines Weekly C4 needs, and administers grants. 5% 9. Supervises the activities of division personnel to include Weekly C5 scheduling, assignment and review of work; providing 5% assistance; administering discipline; evaluating performance and making hiring, termination, and pay change recommendations. E -8 -1 Classification Description Page 2 TASK ESSENTIAL DUTIES FREQUENCY BAND/ N0, GRADE 10. Establishes goals and objectives for the division to ensure Weekly E8 compliance with City Council policy directives and all applicable local, state or federal laws, rules, and regulations. Develops, interprets and implements operating policies and procedures to accomplish division goals and objectives. 11. Monitors legislative developments; reviews legislation; and Weekly E8 provides communication and analysis of new laws, updated 5% information, new resources and opportunities, and new programs available. E -8 -1 Classification Description Page 3 5% MINIMUM QUALIFICATIONS Bachelor's degree in a related field and five years of related experience including two years of supervisory responsibility or an equivalent combination of education and experience to provide sufficient evidence of the successful performance of the essential elements of the job such as those listed above. A valid State of Washington Driver's License is also required. KNOWLEDGE: Knowledge of: Terminology, laws, rules, regulations, principles, procedures, and practices related to the field; City organization and operations; Public accounting and financing; Fiscal and budget management principles, practices and procedures; and Program development methods and techniques. SKILLS Demonstrated skill in Exercising sound judgment in evaluating situations and making decisions; Establishing and maintaining effective working relationships with City personnel, outside agencies, and the general public; Guiding, directing, and motivating employees; Using a personal computer and related software applications; Project management and handling multiple tasks; Developing and implementing short and long range programs; Public speaking and facilitating meetings; Contract negotiations and development for real property; Communicating effectively, both orally and in writing; and Effectively delegating duties and responsibilities. PHYSICAL ACTIVITY/REQUIREMENTS: To perform the essential functions of the class, incumbents must be able to perform the physical activities listed on the Physical Checklist. This class consists of primarily sedentary work. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met. E -8 -1 Classification Description Page 4 Economic Development Administrator 2004 Salary Survey Finance and Safety Committee March 1, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Viki Jessop, Alan Doerschel, Rhonda Berry, Shelley Kerslake, Lucy Lauterbach 1. Economic Development Position Classification and Wage:IViki passed out a new page summarizing the mission and responsibilities of the proposed position Economic Development Administrator. Included in the packet were a Classification Description, Essential Duties, Position Title and minimum qualifications, all of which elicited comments from the Committee. Dennis questioned the task that had the person representing the city in negotiations, but was satisfied with the explanation that could be in relation to buying property. Joan questioned the goal that the person establishes goals and objectives for the Department: Viki said that would be removed. Under minimum qualifications Dennis questioned how low the requirements seemed, and added under either the Knowledge or Skills section "contract development and negotiation of real property transactions In the end, the Committee approved the position. The memo Viki just passed out will go to Council, and some of the classification information might not be included, as it had a little more information than needed. Recommend position to COW: 2. Traininv Options for Teaching Ethics Shelley explained the types of classes she has done to teach public officials and others about ethics. Topics that would be most relevant to Council and Planning Commission (with DCD and PW directors and the City Clerk's office also being present) include the Open Public Meetings Act, Appearance of Faimess Doctrine, and Conflicts of Interest. That could be a two -hour session. Other topics such as Basic Powers, Duties, Liabilities, and Immunities of the City, would be relevant only for Council and the Clerk's office in another two hours. Dennis suggested drawing up an ethics policy. Viki and Rhonda noted there is already an ethics policy that covers employees. Dave said he thought the Council could develop a separate policy that was relevant to their decisions and work. Shelley's material will be both written and in a power point presentation. Plan a Mav training session. 3. Council Travel Policy The Committee members spent some time going through the policy from the beginning. Getting into the section previously called Out of State Travel, they discussed again the policy of giving each Council member a travel allotment that could be used for any local, state or national travel. Once they established that, they turned to making sense of the policy, as that decision does away with several sections of the current policy. They talked about the issue of what happens to the shared travel funds that result when a Council member chooses not to travel, and returns his/her allotment to the central shared travel fund. Turning next to Sister City travel, Dennis said he did not think the City should fund Council travel to Ikawa. Joan thought that Ikawa travel could benefit the City. The Committee decided each Council member could use his or her individual travel allotment toward a trip to Ikawa if that Council member wanted to go. They then talked about the section that addressed travel to national conferences, and allowing those on national committees not to count in the number of people who go. Dave said he LEGISLATIVE ANALYST f CITY l ADMINISTRATOR 1 ECONOMIC DEVEL ADMINISTRATOR (NEW) (HUMAN SERVICES) COORDINATOR OFFICE OF THE MAYOR MAYOR EXECUTIVE 1 SECRETARY J I SECRETARY l (0.5) CITY ATTORNEY) MUNICIPAL COURT OPERATIONS MANAGER l I BAILIFF I JUDGE 1 SECRETARY J ADMIN. COORDINATOR SUPPORT J ADMIN. SUPPORT TECHNICIANS (4) PROBATION OFFICER (0.5) I a/1/ ri• 01 Original Sponsor: I Timeline: Sponsor's Summary: Meeting Date 3/22/04 Meeting Date 3/22/04 Meeting Date 3/22/04 COUNCIL AGENDA SYNOPSIS Council Initials Prepared,§iy/ I Mayor's review 1 Council review F17 I J I fi'n /f I CAS Number 04-038 I Original Agenda Date: March 22, 2004 Agenda Item Title: Solid Waste Contract Extension Admin. The City currently has an Agreement with Sea -Tac Disposal to provide solid waste collection, disposal and recycling services to commercial, multi family, and residential customers. The Agreement expires on March 30, 2005 unless the City exercises its option to renew the Agreement for two more years. Recommendations: Sponsor: Brief viable options and obtain Council decision. Committee: Administration: Cost Impact (if known): None I Fund Source (if known): N/A Action Information Memo dated March 17, 2004 Utilities Committee Minutes from March 16, 2004 Meeting Public Works ITEM NO. b To: Mayor Mullet From: Public Works Direct Date: March 17, 2004 Subject: Solid Waste Contract Extension INFORMATION MEMO ISSUE Should the City extend the City's solid waste and recycling contract with SeaTac Disposal? BACKGROUND The City currently has an Agreement with SeaTac Disposal to provide solid waste collection, disposal and recycling services to commercial, multi- family, and residential customers. The Agreement is scheduled to expire on March 30, 2005, unless the City exercises its two -year renewal option. DISCUSSION Under the terms of the Agreement, the City could extend the contract for two (2) additional years. Any option to extend the term of the Agreement must be made during the twelve months prior to contract expiration. Two viable options are provided below to assist Council in deciding whether or not the City should exercise its option to grant an extension to the solid waste contract. Option 1: Remain silent and let the contract expire on March 30, 2005. Pro (s): When the contract expires next year, the City could renegotiate the contract with SeaTac Disposal (allowed by the RCW) or compete the requirements. This potentially could reduce solid waste and recycling rates. Con (s): Prior to soliciting bids or proposals, a comprehensive assessment needs to be done to determine what the residents and businesses need for garbage and recycling services. The City needs to capture issues and recommendations from the public through public meetings. It is also important to accomplish a comprehensive comparison of rates and services offered by the garbage haulers within the local area. The comprehensive study and needs assessment should assist staff in framing contract terms and conditions and provide Council with feedback on controversial issues such as mandatory garbage service. If Council chooses this option, the needs assessment, public meetings, and the request for bids (RFB) or request for proposals (RFP) process must begin now to preclude lapse in services. Due to staffing and workload issues, this option may require funding for consultant support. Mayor Mullet Page 2 March 17, 2004 If the contract is not extended, a legal issue could potentially develop from an existing clause in the contract that states, "Any option to extend the term of this Agreement shall be made during the twelve -month period prior to the termination of the Agreement and shall not be unreasonably denied." This is a minor point. Staff believes the City will prevail if challenged in court; nonetheless, it is an issue that must be considered. Option 2: Extend current contract with SeaTac Disposal for two years. Pro (s): The City negotiated an exceptional contract with SeaTac Disposal. The negotiated rates are, in many cases, lower than some cities. SeaTac's overall performance to date has been satisfactory. Although there have been service issues reported by subscribers, virtually all complaints were handled expeditiously and resolved in a satisfactory manner. The Company has accommodated the City's needs by providing free disposal services to 4t of July events, and new City facilities such as Fort Dent Park, Tukwila Pool, Golf Maintenance Building, and the new bus stops. This represents an annual savings to the City of over $43,000. Additionally, the contract extension would allow more time for staff to conduct a comprehensive needs assessment. Con (s): Solid waste and recycling services will not be competed for another two years. ANALYSIS The potential for lower solid waste and recycling rates through competition is the most compelling argument against extending the contract for two additional years. The need for a comprehensive needs assessment, and staffing issues, coupled with the fact that the City has a good contract are reasons to extend the contract. While both options have merit, Option 1 offers the best alternative to the City. RECOMMENDATION Present to Committee of the Whole for discussion and Regular Council for decision. Utilities Committee March 16, 2004 Present: Pam Carter, Chair; Pam Linder, Dave Fenton Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Mike Cusick, Alan Doerschel, Rebecca Fox, Lucy Lauterbach; Steve Caputo Rabanco DRA 1. Water Sewer Como Plans Consultant Agreement The Water and Sewer Plan updates are planned for this year. The chosen fine from a list of short- listed consultants is Economic and Engineering Services, Inc. Pam Carter noted that the consultant contract came in under budget with the 9.5% contingency included. Mike indicated that the study will incorporate the portion of Water District 125's water distribution system that serves Foster Point since the City plans to take over that system. Pam commented on SewerCAD and Mike explained that the City will purchase the SewerCAD software if there is sufficient money left in the contingency. If additional modeling is required, consultant will provide the service. The consensus was to move the issue to COW and then to Regular Council. Refer Agreement with EES for S189.873 to COW. 2. Andover Park West Overflow This project will build a gravity flow system for Lift Station 2 at Minkler /Andover Park West. This is needed in case of a generator failure. The lowest bid came in under budget with the 10% contingency included. Pam asked if the low. bidder, Construct Co. LLC had done work for the City. Mike indicated that Construct Co had never worked on a project for the City but reiterated that references were checked and that feedback was very positive. A question was asked if the low bidder was a company that performed poorly on previous projects what would we do? Jim indicated that more than likely, staff would recommend the next lowest bidder and forward to Council for approval. Jim stated that part of the contract process is to determine both contractor responsiveness (did contractor fully meet all the terms stated in the invitation for bids) and contractor responsibility (is the contractor trustworthy and does he have the ability to satisfactorily perform the proposed work). The Committee recommended moving this issue to COW and Regular Council for approval. Recommend bid award to Construct Co. LLC for S247.674.40 including WSST to COW and Council. 3. Solid Waste Contract Extension The City currently has a garbage and recycling contract with Rabanco. The contract will expire in March, 2005. Staff presented two options to the Committee: to wait until the contract expires next year and then look for a provider; or to extend the current contract for two years, which is possible because of an extension clause in the current contract. The Committee recommended this second option. Jim M said Public Works staff is too busy to negotiate a new contract with possible a new contractor next year, and that an extension was their favored option. Pam L asked about performance, which staff repoited as excellent. Regarding rates, Frank said Tukwila's rates compare favorably to other cities around us. Pam C asked about Bellevue's new contract, which is very complicated but probably has lower rates than Tukwila. Steve's answer was that Tukwila's rates are the best in the whole South Sound. Jim M noted the time to be able to extend the contract expires at the end of March. Pam C asked whether there were any reasons not to extend, and Frank said there weren't any other than denying other providers the right to compete for our business. Dave said as a commercial customer he's had very good support from Rabanco. Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 2/2/04 Meeting Date 3/22/04 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by I Mayor's review 1 Council review I 3/22/04 FI I I,'I bin H I I I I I I :PSI ON CAS Number: 04-011 I Original Agenda Date: February 2, 2004 Agenda Item Title: Council Chambers Remodel Council Present update and obtain Council's decision on desired final option. $103,496 $503,330 303 Fund Admin. Attachments Information Memo dated March 17, 2004 plus Attachments A -E Utilities Committee Minutes from March 2, 2004 Meeting I TEMN O. c Public Works In early 2003, Council was briefed on a plan to correct audio, display, presentation, seating and equipment problems in the Municipal Court/Council Chambers. Subsequent Council and Committee meetings resulted in changes to the Project proposal. Council will be briefed on final options and will be requested to decide on an option that best fits the needs of the City. j z 11, Action Revise Upgrade Proposal and remand to the Finance and Safety Committee. INFORMATION MEMO To: Mayor Mullet G From: public Works Direct ?l Date: March 17, 2004 Subject: Council Chambers Unorade Project ISSUE Obtain Council decision on the proposed Council Chambers Upgrade Project. BACKGROUND In early 2003, Council was briefed on a plan to correct audio, display, presentation, seating and equipment problems in the multi purpose facility that serves primarily as a Municipal Court and Council Chambers. The Upgrade Project incorporated the needs of the Court, City Council, Planning Commission, Staff, and the general public. Subsequent Council and Committee meetings resulted in changes to the Project proposal. During the March 2, 2004, Utilities Committee Meeting, Staff was requested to present to the Committee of the Whole, alternatives listed below. DISCUSSION Before deciding on an option, it is important to consider the following factors: As briefed in earlier presentations, funds for the upgrade project would be provided by the 303 Fund. Note that there are many competing projects in the 303 Fund Project Listing. The costs for the projects underway, and those in the design/planning phase, exceed the 303 Funds budgeted amount. Through negotiations with COMCAST, it is possible for the City to obtain additional funds to offset the project costs. Use of the funds would be restricted to capital equipment related to establishment of a city information channel and government cablecasting. In consideration of the funds, the City would be required to relieve COMCAST of its responsibility to provide the necessary equipment for local government cablecasting. The amount of funding provided by Comcast would be passed through to subscribers. Note that this additional funding from COMCAST is only possible with Options 1 and 2 The Municipal Court is the primary user of the multi- purpose facility. In most cases, the Court Staff uses the facility 5 days a week, 8 hours a day. A critical piece of equipment used by the Court (analog recording system) is antiquated, unreliable and wholly inadequate for recording testimony. Additionally, the facility is not outfitted with ADA accommodations and does not have a jury box. The multi purpose facility has not had a significant upgrade since it was opened approximately 20 years ago. The sound system is marginal at best, furniture is worn and mismatched, and the carpet needs to be replaced. At the Utilities and Finance and Safety Committees, Staff was, requested to evaluate the following six (6) options: Option 1: Approve the Upgrade Project that includes the basic minimum requirements, ADA accommodations and a few recommended enhancements. Estimated cost: $503.330 (see Attachments A B). Layout of the major components is depicted in Attachment C. This option is the most expensive but will solve existing problems and meet the needs of the Court, Council, City Staff, Planning Commission, and the public Option 2: Same as Option 1 but eliminate ADA accommodations, upper "lip" for dais and labor premium. Option 2 was developed to show the estimated cost of the complete project without the ADA requirements, the "lip" and the anticipated labor premium. The labor premium was removed with the assumption that the Municipal Court will be successful in finding an alternate location to conduct court proceedings. Estimated cost: $389.699 (see Attachments D E). Option 3: Purchase the Digital Recording System, upgrade the sound system, replace the carpet, and replace the furniture. Estimated cost: $103.496 This option provides a partial solution but will not solve concerns by all users. For example, the display and presentation system that facilitates professional multi -media presentations will continue to be an issue. The Court will not have a jury box, and ADA accommodations will not be included in the project. However, this option will provide the Court, City Clerk and the Planning Commission with a reliable digital recording system that facilitates better recording and faster retrieval of information. Furthermore, the new carpet and furniture will enhance the aesthetics of the facility. Option 4: Same as Option 3 but eliminate carpet replacement. Estimated cost: $90,193. Modification of Option 3 above, was requested by the Utilities Committee. Option 5: Purchase only the Digital Recording System. Estimated cost: $8.976 This option provides only a temporary solution to current problems. According to the vendors, the Digital Recording System is a state -of -the -art equipment but must have a well functioning audio system. The existing audio system is plagued with crackling and humming noise. If the audio system is not upgraded, the quality of recording will be degraded. Option 6: Do nothing and indefinitely postpone. Total cost: $0 This is not a viable option. The Court, Planning Commission, and the City Clerk need reliable audio recording and playback equipment. As noted above, Council has a range of options. Of the six options, Options 5 and 6 are not viable; therefore not recommended. Options 1, 2, 3 and 4 offer the best alternatives for the City. RECOMMENDATION Present to the Committee of the Whole for discussion and selection of final option. attachments: A. Technology /Equipment Requirements Cost Estimate for Option 1 B. Construction, Design, Furniture Cost Estimate for Option 1 C. Council Chambers Diagrams for Option 1 D. Technology /Equipment Requirements Cost Estimate for Option 2 E. Technology /Equipment Requirements Cost Estimate for Option 2 (P.JkeJ* Maio -Could CWm*c't Upgrade Project-Willits-COW) COUNCIL CHAMBERS UPGRADE PROJECT (Construction, Design, & Furniture) Page 1 Item Estimated Cost Description Demolition $ 5,492 Carpet, Lighting, Hauling & Dump Fees, Protection & Dust Control. Ramp Railings 2,812 ADA Accommodations Rough Carpentry 1,642 Alter Wall for Tech Racks/Cabinets; Header & Reframe. Finish Carpentry 30,000 Add Upper Dais, Alter Dais, Cabinet in Seating Area, Technology Cabinet, Jury Box Plastic Laminate 9,633 Vertical Face; Countertops Caulking 620 Relocate Court Doors 7,266 Accommodate Ramp; Metal Frame, Wood Door, Panic Bar, Hardware Construct Ramp (Lift) 3,640 ADA Accommodations Modify Existing Witness Stand Platform 1,640 ADA Accommodations Construct Straight Soffits /Soffit Framing 5,751 Door Relocation; Light System Prep Floor for Carpeting 2,313 Install Field Carpet 8,885 Painting 3,054 Council Signs 1,250 Name Plates for Council Members, Mayor, City Atty & City Admin HVACNentilation 9,000 Electrical 30,319 General Lighting, Electrical Panel, Electrical System Upgrade New Public Seating 16,640 Executive Seating 2,175 City Atty, CityAdmin, Mayor Admin Seating 850 City Clerk, Legislative Coordinator /Bailif Podium 1,390 Elmo Stand 1,250 Computer Cabinet 1,670 Sub $ 147,292 -Total Design Fee 18,507 Labor Premium (25 %) 35,094 Contingency (10 %) 14,729 WSST (8.8 %) 12,961 Total (Construction, Design, Furniture) $ 228,583 COUNCIL CHAMBERS UPGRADE PROJECT (Technology /Equipment & Labor Cost Estimate) Estimated Estimated Total Line • Description Page 2 GyuIpu.cu System Hardware & Infrastructure $ 8,631 $ 6,500 $ 15,131 Equipment Enclosures, Connectivity Panels, Mounting Brackets, etc. Audio Sub - System 35,031 16,000 51,031 Gooseneck and Wireless Mics, & Gallery Speakers Display & Presentation Sub - System 37,352 16,600 53,952 Projectors, Screens, Video Playback, Computer Display Connections Control System 18,207 9,200 27,407 Integrated System Control Hardware, Touchpanels, Preview Monitoring, System Programming Digital Recording System 5,000 3,250 8,250 Hard Disk/CD Recording System; Fully Integrated Into Audio System. Audio Feed to Police Department 393 800 1,193 Improved Audio Feed to PD to Accompany Existing CCTV Signal. Court Videoconferencing Integration 1,561 1,650 3,211 Fully Integrate Court's existing VTC System; Eliminate Current VTC Mobile Cart/Monitor Arrangement. City Information Channel 41,937 14,700 56,637 Sub -Total Design Fee Labor Premium (25 %) Contingency (10 %) WSST (8.8 %) Total (Technology /Equipment & Labor) • Furniture Grand (pg 1) Total $ 148,112 $ 68,700 $ 216,812 $ 147,292 $ 364,104 18,507 18,507 17,175 17,175 35,094 52,269 21,681 14,729 36,410 19,079 12,961 32,040 $ 148,112 $ 85,875 $ 274,747 $ 228,583 $ 503,330 CITY OF TUKWILA COUNCIL CHAMBERS UPGRADE PROJECT 1 N3wti.7 X115, CITY OF TUKWILA COUNCIL CHAMBERS UPGRADE PROJECT DIAGRAM 2 CITY OF TUKWILA COUNCIL CHAMBERS DATELESS MICROPHONES MICROPHONE. DOCUMENT CAMERA, LOCAL DISPLAY. LAPTOP CONNECTION PODIUM 1 ((V° : ((cam GOOSENECK SPFINfltS PROJECTOR s �\ vAry 'GALLERY' SCREEN TM RACK PLAYBACK RACK DAIS REM COUNCIL CHAMBERS UPGRADE PROJECT (Construction, Design, & Furniture- Less Labor Premium, Upper Dias & ADA Accommodations) Page 1 Item Estimated Cost Description Demolition $ 5,492 Carpet, Lighting, Hauling & Dump Fees, Protection & Dust Control. Ramp - Railings 0 2,812 ADA-Assemmedatians Rough Carpentry 1,642 Alter Wall for Tech Racks/Cabinets; Header & Reframe. Finish Carpentry $16,500 -- 307000 Add- IUppor Dais, Alter Dais, Cabinet in Seating Area, Technology Cabinet, Jury Box Plastic Laminate 9,633 Vertical Face; Countertops Caulking $310 620 0 --,-moo • _ - .. - .__ •• . _....__ _ _• Construct Ramp (Lift) 0 3,640 ,,'• _ -• 0 1,640 Construct Straight Soffits/Soffit Framing 0 5,751 Prep Floor for Carpeting 2,313 Install Field Carpet 8,885 Painting $1,000 3,054 Council Signs 1,250 Name Plates for Council Members, Mayor, City Atty & City Admin HVACNentilation 9,000 Electrical 30,319 General Lighting, Electrical Panel, Electrical System Upgrade New Public Seating 16,640 Executive Seating 2,175 City Atty, City Admin, Mayor Admin Seating 850 City Clerk, Legislative Coordinator /Bailif Podium 1,390 Elmo Stand 0 —47254 Computer Cabinet 1,670 Sub -Total $ 117,292 $98,750 Design Fee 18,507 14,812 Labor Prcmium (25 %+ ---34,091 0 Contingency (10 %) 14,729 9,875 WSST (8.8 %) 12,061 8,690 Total (Construction, Design, Furniture) $- 228,683 $132,127 n o � COUNCIL CHAMBERS UPGRADE PROJECT (Technology /Equipment & Labor Cost Estimate- Less Labor Premium, Upper Dias, & ADA Accommodations) Estimated Estimated Total Line Description Page 2 System Hardware & Infrastructure $ 8,631 $ 6,500 $ 15,131 Equipment Enclosures, Connectivity Panels, Mounting Brackets, etc. Audio Sub - System 35,031 16,000 51,031 Gooseneck and Wireless Mics, & Gallery Speakers. Display & Presentation Sub - System 37,352 16,600 53,952 Projectors, Screens, Video Playback, Computer Display Connections Control System 18,207 9,200 27,407 Integrated System Control Hardware, Touchpanels, Preview Monitoring, System Programming Digital Recording System 5,000 3,250 8,250 Hard Disk/CD Recording System; Fully Integrated Into Audio System. Audio Feed to Police Department 393 800 1,193 Improved Audio Feed to PD to Accompany Existing CCTV Signal. Court Videoconferencing Integration 1,561 1,650 3,211 Fully Integrate Court's existing VTC System; Eliminate Current VTC Mobile Cart/Monitor Arrangement. City Information Channel 41,937 14,700 56,637 Sub -Total Design Fee Labor Promium (25 %) Contingency (10%) WSST (8.8 %) Total (Technology /Equipment & Labor) $ 148,112 $ 68,700 $ 216,812 Furniture Grand (pg 1) Total $ 361,101 $315,562 gy)isv $ 147,292 18,507 18,507 14,812 iy, I(i a 35,004 52,260 0 17,175 17,175 21,681 19,079 0 cl 715 11,720 36,110 31,556 1, tcg0 12,061 32,010 27,769 $ 148,112 $ 86,876 $ 274,717 $68,700 $257,572 $ 603,330 $389,699 4i,2,irf'$ 228,683 Utilities Committee March 2, 2004 Present: Pam Carter, Chair; Pam Linder, Dennis Robertson Jim Morrow, Frank Iriarte, Bob Giberson, Gail Labanara, Lucy Lauterbach 1. Solid Waste Rates The City currently has a franchise agreement with Sea Tac Disposal for garbage pickup. Their contract calls for annual rate adjustments to the service portion of their bill based on the Consumer Price Index (CPI). In April their rates will increase 1.31%. For the most common size garbage can for residences, the increase will be about $.08 per month. Pam C asked that the price for the most commons sized receptacles be included in public information. For a large commercial container, the price will go up about $.80 /month. Frank said they will publish the information about the rates in the Hazelnut and on the Web. The garbage contract expires in April, 2005, and there may be some issues about whether to keep the same hauler; and what to ask of them if we do keep them. Pam C asked about the complaints about the company, and Jim and Frank said their customer relations person was good. Pam L raised the issue of some apartments not having recycling. With our large apartment population, it would be beneficial if we could include recycling at most apartments. Staff will ask Rebecca Fox about this, and she can report at the next meeting what has and what could be done. Information: reschedule recycling issue. 2. Council Chambers Upgrade This issue has already been to a COW and then to Finance and Safety. Finance asked for four options to be developed, from doing nothing to doing the whole project. The project has been pared down from the "Cadillac" version first proposed, and it now includes adequate but not fancy retrofits. Even so, doing it all costs $503,329, which takes a large part of the 303 fund budget. Pam L said she had four questions, and if they could be answered satisfactorily, she could support doing the entire project. Her questions clarified what was included in the project. Pam C had questions about several of the descriptions in the detail sheet, as they were unfamiliar to her. The Committee also tried to find the difference in cost of putting in an ADA ramp or using a portable lift, since the former required moving a door and other modifications. Staff said the total cost of the ramp and its requirements for moving the door, and the cost of a lift were roughly similar. The Committee asked about the ledge on top of the dais, and were told it costs about $13,000. They opted to take it out. Gail told the Committee that removing $20,000 items would not affect the larger picture when the cost is $500,000. Pam L said she could support doing Option 4. Staff explained that Comcast would pay up to $100,000 for capital improvements. However, the cost would be passed on to subscribers at $.75 /month until it was paid off. Pam L said she didn't want to charge subscribers. Dennis said he was concerned about the possible budget implications of Eyeman's most recent initiative and declining city revenues. He proposed doing Option 3, which is the digital recording system, plus new audience chairs. The carpet shouldn't be replaced until the electronics are put in. If the other items in Option 4 were then held until next year, the city will be in a better place to know what its finances were. If finances are good, the project could be finished, and if they are poor, the City could live with the improvements made this year. Recommend Option 3 with furniture and the 303 active and design list to COW. CAS Number: 04-039 Agenda Item Title: Proposed Resolution Setting Public Hearing for Vacation of Maule Avenue I Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Approve Resolution and set Public Hearing Date Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 3/22/04 Meeting Date 3/22/04 C3�{ el Council p; lgalAGS Rewhrcian Sering Ptak Heashig Yamiiug Mamie Avenue COUNCIL AGENDA SYNOPSIS Initials ITEM NO. 1 Meeting Date I Prepared 1 Mayor's review 1 Council review 1 I 3/22/04 I MC I i i... H I I I I J 4. 4, I J I I 1 1 1 1 1 ITEM INFORMATION I Original Agenda Date: March 22, 2004 Admin. Public Works Resolution for setting Public Hearing for Vacation of Maule Avenue from South 143" Street to South 143r Place RECORD OF COUNCIL ACTION Action APPENDICES Attachments Information Memo dated February 26, 2004 Petition for vacation Resolution Site Map To: Mayor Mullet From: Public Worlcs Director 't l Date: February 26, 2004 UU Subject: Petition for Vacation of Maule Avenue from South 143r Street to South 143r Place ISSUE INFORMATION MEMO On February 24, 2004, petitioner Jerry Knudson provided a complete request for vacation, including the required signatures of two /thirds of the property owners abutting Maule Avenue. An appraisal was not provided due to the right -of -way for Maule Avenue will be exchanged for a 20.00' wide strip of frontage along Interurban Avenue South. BACKGROUND This vacation petition is associated with future street improvements proposed by the City of Tukwila to Interurban Avenue South. The City project requires an additional 20.00 feet of right -of -way frontage from Mr. Knudson's parcel 000280007 (5916 SF In return for Mr. Knudson's frontage along Interurban Avenue South, he will receive 6039 SF± from the vacated Maule Avenue from South 143` Street to South 143" Place. ALTERNATIVES The Council may approve the resolution to set a Public Hearing date or it may deny the request for the vacation. RECOMMENDATION Approve resolution setting a date for the Public Hearing for vacation of Maule Avenue from South 143' Street to South 143 Place. MC:1w attachments: Petition for Vacation of Streets draft resolution vacation site map (P.taurie AdminiMiketmemo022d04sm Vacation of Mauk Ave) PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 TO THE TUKWILA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) Maule Avenue from Southerly margin of South 143` Street to the Northerly margin of S 143` Road Place 2. The names and addresses of ALL property owners abutting on the property to be vacated are as follows: (do not include City -owned property) Owner Name Property Address Total frontaee (print) (fed) Jerry Knudson 1 14300 Interurban Ave S 300.92 Jerry Knudson 1 14300 Interurban Ave S 302.99 I ac I I I 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the right -of -way: (do not include City -owned property) Owner Name Property Address (sign 'Jerry Knudson 14300 Interurban Ave S 'Jerry Knudson !fir 14300 Interurban Ave S I 2 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been ceived. 2I 2N t tNRVato Total frontaee (feet 300.92 302.99 DATE RECEIPT NO. CLERK SIGNATURE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF MAULE AVENUE FROM SOUTH 143RD STREET TO SOUTH 143RD PLACE WHEREAS, the owner of the property abutting the right -of -way has petitioned to vacate Maule Avenue from South 143rd Street to South 143rd Place; and WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing upon- the vacation of Maule Avenue from South 143rd Street to South 143rd Place shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, on which is not less than 20 nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right of -way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the date set for hearing. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Street Vacation of Maule Ave 3/1/04 0 Jim Haggerton, Council President Filed with the City Clerk Passed by the City Council: Resolution Number: CAS Number: 04-040 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 3/22/04 Meeting Date 3/22/04 p: prolecfs swW0sw031(A.S Bid Aware APW We410w 3 -11 -04 COUNCIL AGENDA SYNOPSIS Meeting Date 3/22/04 4,.ara ITEM INFORMATION; Initials Prepared b 1 Mayor's review 1 Councjl review MC el I 1 I <I /AA tti 0 4 r 0 1/4i o I Original Agenda Date: March 22, 2004 Bid Award for Andover Park West Overflow Project Council This project will provide a bypass sewer line at Lift Station No. 2 (located in Andover Park West at Minkler). The project was advertised on February 2 and 8 and eleven bids were received and opened on February 27, 2004. The low bid of $247,574.40 is from Construct Company and references show satisfactory work. Award contract to Construct Company. Forward to COW and then Regular Council. Same as Sponsor. $247,574.40 403/02 Sewer Fund (pg. 98 2004 CIP) Action Information memo dated March 4, 2004 Bid tabulation Utilities Committee Minutes from March 16, 2004 Admin. Public Works ITEM NO. 4 e To: Mayor Mullet From: Public Works DirectoofTn Date: March 4, 2004 Subject: Andover Park West Overflow Project No. 86 -SW03 Bid Award ISSUE INFORMATION MEMO Award the bid for the gravity overflow at Sewer Lift Station No. 2 at the intersection of Minkler Blvd. and Andover Park West. BACKGROUND This project will provide a gravity overflow for Lift Station No. 2 in the event of a power outage in combination with generator failure. The original budget for the project is $300,000.00 for engineering and construction in the 2004 C.I.P. ANALYSIS All bids were checked and tabulated. The apparent low bidder is Construct Co. LLC from Sumner, Washington. City staff checked the provided references for jobs of similar size and experience. The references checked indicate the contractor has done satisfactory work. Funds for the Andover Park West Overflow are available in the current C.I.P. The funding provides the project a 10% contingency. Expenses Budget To Date (surveying copies of plans) 5,000.00 Construct Co. to Install Overflow 247,574.40 Contingency 10% for Overflow 24157.44 Total Expenses $277.231.84 $300.000.00 RECOMMENDATION Award the construction bid to Construct Co. LLC for $247,574.40 to install the overflow at Lift Station No. 2. MC:1W (P:Projeru%A -SW P.gsblS6SWO3Viid Award Info Memo) Utilities Committee March 16, 2004 Present: Pam Carter, Chair; Pam Linder, Dave Fenton Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Mike Cusick, Alan Doerschel, Rebecca Fox, Lucy Lauterbach; Steve Caputo Rabanco DRAFT 1. Water Sewer Comn Plans Consultant Agreement The Water and Sewer Plan updates are planned for this year. The chosen firm from a list of short- listed consultants is Economic and Engineering Services, Inc. Pam Carter noted that the consultant contract came in under budget with the 9.5% contingency included. Mike indicated that the study will incorporate the portion of Water District 125's water distribution system that serves Foster Point since the City plans to take over that system. Pam commented on SewerCAD and Mike explained that the City will purchase the SewerCAD software if there is sufficient money left in the contingency. If additional modeling is required, consultant will provide the service. The consensus was to move the issue to COW and then to Regular Council. Refer Agreement with EES for S189.873 to COW. 2. Andover Park West Overflow This project will build a gravity flow system for Lift Station 2 at Minkler /Andover Park West. This is needed in case of a generator failure. The lowest bid came in under budget with the 10% contingency included. Pam asked if the low bidder, Construct Co. LLC had done work for the City. Mike indicated that Construct Co had never worked on a project for the City but reiterated that references were checked and that feedback was very positive. A question was asked if the low bidder was a company that performed poorly on previous projects what would we do? Jim indicated that more than likely, staff would recommend the next lowest bidder and forward to Council for approval. Jim stated that part of the contract process is to determine both contractor responsiveness (did contractor fully meet all the terms stated in the invitation for bids) and contractor responsibility (is the contractor trustworthy and does he have the ability to satisfactorily perform the proposed work). The Committee recommended moving this issue to COW and Regular Council for approval. Recommend bid award to Construct Co. LLC for S247.674.40 including WSST to COW and Council. 3. Solid Waste Contract Extension The City currently has a garbage and recycling contract with Rabanco. The contract will expire in March, 2005. Staff presented two options to the Committee: to wait until the contract expires next year and then look for a provider; or to extend the current contract for two years, which is possible because of an extension clause in the current contract. The Committee recommended this second option. Jim M said Public Works staff is too busy to negotiate a new contract with possible a new contractor next year, and that an extension was their favored option. Pam L asked about performance, which staff reported as excellent. Regarding rates, Frank said Tukwila's rates compare favorably to other cities around us. Pam C asked about Bellevue's new contract, which is very complicated but probably has lower rates than Tukwila. Steve's answer was that Tukwila's rates are the best in the whole South Sound. Jim M noted the time to be able to extend the contract expires at the end of March. Pam C asked whether there were any reasons not to extend, and Frank said there weren't any other than denying other providers the right to compete for our business. Dave said as a commercial customer he's had very good support from Rabanco. CAS Number: 04-041 Agenda Item Title: COUNCIL AGENDA SYNOPSIS Original Sponsor: I Timeline: Sponsor's Summary Meeting bate 3/22/04 Meeting Date 3/22/04 Initials ITEM NO. Meeting Date Prepared by !Mayor's review( Council review 3/22/04 MC 7h ff Council p:p JakUw104swlt31CAS Wafers Sewer Comp Flan 3 -22 -04 I I I I I I :1>IFQ04ATION I Original Agenda Date: March 22, 2004 Water Sewer Comprehensive Plan Consultant Agreement. Admin. This contract will update the Water and Sewer Comprehensive Plan. Three firms were short- listed from the Consultant Works Roster and Economic and Engineering Services, Inc. was chosen as the most qualified. Recommendations: Sponsor: Authorize the Mayor to sign consultant's agreement with Economic and Engineering Services. Committee: Forward to COW and then Regular Council. Administration: Same as Sponsor. Cost Impact (if known): $173,400.00 Fund Source (if known): 403/01 Water 403/02 Sewer (pgs. 85 100 2004 CIP) 00 "x ()L. kl' 14Qi Action Attachments Information Memo dated March 5, 2004 Consultant Agreement Utilities Committee Meeting Minutes from March 16, 2004 C Public Works To: Mayor Mullet From: Public Works Director�r Date: March 5, 2004 ��jj Subject: Water and Sewer Comnrehensive Plans Project Nos. 04 -WTO1 and 04 -SW03 Consultant Agreement ISSUE Approve consultant agreement with Economic and Engineering Services, Inc. BACKGROUND The Department of Health and Ecology requires the City of Tukwila to update our Compre- hensive Water and Sewer Plans every five years. The updates are scheduled for this year. ANALYSIS The City staff reviewed the Consultant Roster and short- listed three rums for interviews to complete the updates to the Comprehensive Plans and submit them to the state agencies. Economic and Engineering Services, Inc. (EES) was selected as the most qualified to update the water and sewer comprehensive plans. EES is a firm of 75 professional, technical, and support staff located in five primary offices in the Pacific Northwest. Professional staff members have backgrounds in civil, mechanical, and electrical engineering; water, wastewater, and stormwater planning and design; economics; fmancial analysis; environmental sciences; data processing and mapping; and utility management. RECOMMENDATION Authorize the Mayor to sign the agreement with Economic and Engineering Services, Inc., for $173,400 to perform the 2004 Water and Sewer Comprehensive Plans. attachment (Ffio]a m. SW PmMeaAMSW]IComvlDm A+vd) RAmjamA- WP PlojeasW4W1011ComW4a Award) INFORMATION MEMO EES 2004 CIP Budget Water 91,707.00 90,000.00 Sewer 81.693.00 100.0001)0 Contract Total 173,400.00 $190,000.00 Contingency 9.5% 16.473.00 TOTAL $189.873.00 $190.000.00 CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City," and Economic and Engineering Services, Inc. (EES), hereinafter referred to as "the Consultant," in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform professional engineering services in connection with the project designated Comprehensive Water System Plan and Comprehensive Sanitary Sewer Plan. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all engineering and provide all engineering work products required pursuant to Tasks 100 through 900 of this Agreement in Exhibit "A" within 360 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $173,400.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidental necessary to complete the work. (February 27, 2004) E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications, or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, losses, or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by negligent act, omission, or failure of the Consultant, its officers, agents, and employees in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officer, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend, and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents, and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents, or employees, this obligation to indemnify, defend, and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents, and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000. (February 27, 2004) Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision of prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. (February 27, 2004) A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner, or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Notices to Consultant shall be sent to the following address: Economic and Engineering Services, Inc. Gregory J. Kirmeyer, P.E., Principal V.P. 10900 NE 4 Street, Suite 1110 Bellevue, WA 98009 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this CITY OF TUKWJLA Steven M. Mullet, Mayor Attest/Authenticated: Jane E. Cantu, City Clerk (February 27, 2004) City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 day of 2004. Economic and Engineerin Services, Inc. J J(W'ey r, P.E. V.P. Principal Title Approved as to Form: Office of the City Attorney (1 EXNit51i A- City of Tukwila Scope of Work Updating Water and Sewer Comprehensive Plans Introduction and Background The main purpose of this Project is to prepare updates to two required utility plans; Comprehensive Water System Plan for approval by Department of Health (DOH), and Comprehensive Sewer System Plan for approval by Department of Ecology (Ecology). The initial part of the Project will be to develop planning data which will be common to both plans, then the work will split into two pathways for work on each plan one for water and one for sewer. At the end of the Project, the delivery to management and decision makers will likely be combined into a unified water and sewer presentation. The existing plans will be used to the extent possible and updated as needed. Critical items will be the development and use of computerized hydraulic models for both the water and sewer system. The City currently has a model for the water system in WaterCAD stand -alone ver. 3.1, which will need to be updated. The model will be completed in the same format as the existing model and will be presented to the City in that version. There is currently no model for the sewer system. EES will utilize SewerCAD to perform the sewer system model. The City does not anticipate using the model after the completion of this project and will not be purchasing the SewerCAD software. Additional modeling of the sewer system outside the scope will be performed by EES on a time and material basis, as requested by the City. The main project tasks are shown below: Task 100— Project Start up and Organization Task 200 Develop Planning Considerations Task 300 —Water System Plan Update Task 400 –Sewer System Plan Update Task 500 Develop and Use Hydraulic Models Task 600 Participation in Meetings and Presentations Task 700—WD 125 Valuation Task 800 Additional/Out of Scope work Task 900 Project Management and Quality Control Task 100 Project Start up and Organization Subtask 101- Kickoff Meeting Obj ective. Conduct Kick -off Meeting. ia Scope of Work Updating Water and Sewer Comprehensive Plan 4Tr7 City of Tukwila March 3, 2004 March 3, 2004 Approach. The approach will be to conduct a kick -off meeting to discuss and confirm scope, budget, and schedule for the Project. Responsibilities for both the City and EES will be verified and points of contact will be established. Invoicing and payment procedures will be verified. City Input. The City will schedule and participate in kick -off meeting. Deliverable. An agenda will be provided and meeting minutes will be prepared. Subtask 102 Data Exchange Objective. Provide pertinent data from the City to EES. Approach EES will develop a list of data, information, and documents that will be needed to conduct the study for both water and sewer plans. City Input. The City will assemble and transmit data and information to EES in formats that facilitate use and insertion into plan reports. Deliverable. EES will provide data request at the ldck -off meeting and the City will provide data and information back to EES within three (3) weeks of submittal. Subtask 103 Meeting with Regulatory Agencies Objective. Meet with and gain input from Departments of Health and Ecology. Approach. EES will contact and schedule meetings with the regulatory agencies, develop meeting agendas, conduct meeting and prepare minutes. The purpose will be to gain input on any special requirements that regulators desire to be addressed. City Input. The City will participate in meeting with regulatory agencies. Deliverable. Agendas for meetings and meeting minutes. Task 200 Develop Planning Considerations Objective. Assemble and summarize all planning considerations. Approach. EES will work with the City to assemble and summarize the following planning information that can be used in both the water and sewer plans. Projections of populations and households from City and/or Puget Sound Regional Council (PSRC); Service area characteristics including zoning and land use; Planned developments; Water supply relationships with neighboring utilities; Sanitary sewer relationships with neighboring utilities; Existing and future service area agreements and boundaries water and sewer; t ees Scope of Work Updating Water and Sewer Comprehensive Plan G�rr7 City of Tukwga Highline water district intertie Water district 75 intertie Water district #75 intertie Financial policies, Complaint handling procedures, Service area agreements, Local improvement districts, Wholesale contracts, and Intertie agreements. Deliverables: Draft Chapter of the Final Report. March 3, 2004 Service area connections water and sewer; Relationship to other water and sewer plans; General utility policies; Retail and wholesale water service policies; Annexation policies; Developer standards; Conditions of service for water and sewer; Data on water production or purchases from all sources; Data on number of accounts and billed sales of water broken down by customer class; and Data on wastewater flows by sewer basin. City Input. The City will provide the information per the data request list submitted by EES under Task 102. City staff may need to meet with EES to provide clarification pf select items, as needed. Deliverable. Information will be used in preparing the chapters on system planning considerations for the water system plan and the sewer system plan updates. Task 300 —Water System Plan Update This task involves preparing the required elements of the WSP and assembling them into a useful cohesive document. There will be two volumes. Volume 1 will be the standard DOH Water System Plan to ensure compliance with WAC 246 290 -100 and Volume 2 will contain all appendices. Subtask 301 Water Utility Policies Objective: Review and describe water utility policies pertinent to the WSP. Approach: This subtask will build on Task 200 Develop Planning Considerations. The City will provide the additional information including: EES will prepare a summary of these policies in the form of a Draft Chapter of the final WSP report. City Input: The City will provide copies of all pertinent agreements and policies to EES and will review the Draft chapter of the final Report. At Scope of Work— Updating Water and Sewer Comprehensive Plan 3 City of Tukwila Subtask 302 Water System Description Objective: Describe the existing water supply system. March 3, 2004 Approach: The approach will be to update appropriate sections of the existing WSP. The Chapter will need to include information on: Ownership and management, Existing service area boundaries, Sources of supply, System background and history, Inventory of existing facilities, Operating areas and hydraulic operations, Hydraulic profile, and Regional interties. Subtask 302 is linked closely to Subtask 306 Water System Analysis. A hydraulic profile(s) will be developed as part of this subtask. EES will work with City staff to prepare the hydraulic profile. City Input: The City will work with EES to develop a hydraulic profile. The City will provide a copy of the current WFI and hydraulic model in WaterCAD stand -alone ver 3.1 format per Task 501, and answer questions about the system during development of this chapter. Deliverables: Draft Chapter of the Final Report. Subtask 303 System Planning Considerations and Water Demand Forecast Objective: Describe and summarize system- planning considerations, and develop a range of water demand forecasts for 6 and 20 -year horizons (2010 and 2024, respectively). Approach: EES will draw from the earlier Task 200 to prepare the chapter on system planning considerations and will work with City staff to prepare water demand projections. Historical demand data for various customer classes will be reviewed and incorporated as available. Six and 20 -year time horizon water demand projections will be developed to coincide with the range of growth anticipated by the City. High, medium and low forecasts will be prepared. Adjustments to the forecasts will be made to accommodate conservation targets developed in Subtask 304. Information for the City will need to be broken down into smaller subgroups for use in hydraulic modeling and to develop fire flow requirements. City Input: The City will provide the necessary data and comment on the Draft Chapter, and will provide more detailed data on water -use categories, as needed. i/r Scope of Work— Updating Water and Sewer Comprehensive Plan 4 /�l i i 7 Clty of Tukwila Deliverables: March 3,2004 The deliverable will be a Draft Chapter of the Final Report. A range of water demand forecasts through year 2024 that include adjustments for conservation. Subtask 304 Water Conservation Program Objective: Develop description of the City's Water Conservation Strategy. Approach: This task will focus on administration and implementation of the City's Water Conservation Plan as measured against required measures for all systems, regional measures, and additional measures applicable to the City. The impacts of implementing the conservation plan on the water demand forecast will be determined. The approach will use Seattle Conservation program to the extent desired by the City and be consistent with it. City Input: The City will provide input on administrative or implementation issues affecting the City and its customers. Discussion of any additional conservation issues that should be addressed. Deliverables: Description of the City's water conservation activities and comparison with DOH guidelines. Evaluation of conservation impacts on the water demand forecast. Chapter for the Final Report. Subtask 305 Water Right and System Reliability Analysis Objective: Perform a water right and system reliability analysis including inventory, comparison with future needs, and interties to meet DOH planning requirements and to provide an interpretive description. Approach: Subtask 305.1 Water Rights. Water rights are obtained by the supplying entity, i.e., Seattle Public Utilities; hence, the Water System Plan will refer to the Seattle Comprehensive Plan. Subtask 305.2 Interties. The status of existing interties and other potential supply systems/entities will be documented. Subtask 305.3 System Reliability Analysis. Available information on system reliability will be documented. A narrative will be developed that describes the City's efforts related to source reliability, water right adequacy, and facility reliability. If the City has an emergency response plan, this will also be summarized. City Input: The City will need to provide sufficient information to EES to enable completion of Tables 3 and 4 in the 1997 DOH Water System PIanning Handbook. Additionally, information for preparation of the System Reliability Analysis will need to be provided. Review and comment on Draft Chapter. /q Scope of Work Updating Water and Sewer Comprehensive Plan 5 �l City of Tukwila Deliverables: March 3, 2004 Drafts consisting of narrative discussion, interpretation, and summary tables will be prepared under each subtask for review and comment by the City. A Water Rights paragraph will be prepared for the Final Report. The System Reliability Analysis will be provided as an Appendix to the WSP, and summarized within the text of the WSP. Subtask 306 Water System Analysis Objective: Evaluate the condition and capacity of the distribution and storage facilities and develop recommended capital and rehabilitation improvements. Provide input needed for completion of Subtask 305.3 System Reliability Analysis. This task will be closely coordinated with Task 500 Hydraulic Modeling. Approach: Subtask 306.1 Evaluate Physical Condition of Facilities. An assessment of the overall condition and remaining life of the City's major water system facilities will be made. This will be based on a one -day field inspection of facilities, review of previous condition reports, and interviews with operating staff Subtask 306.2 Evaluate Storage Requirements. DOH criteria for sizing water storage facilities will be compared to total storage and total useable storage available for the City. This will include operational, standby, equalizing, and fire storage requirements. Issues regarding adequate static and dynamic pressures, storage configurations, reservoir covering and water quality will be examined. DOH has acknowledged that the City's storage does not meet regulations, but accepts that there is adequate storage available to the City through its interties with other adjacent utilities. Subtask 306.3 Evaluate Distribution System. EES will meet with operations and engineering staff and summarize known deficiencies in the water system. Rehabilitation and renewal criteria will be developed for prioritizing necessary improvements. City staff will identify critical fire flow locations across the City to be used in evaluating the distribution system capacity. A diurnal curve based on available water use information will be developed, including local water use records and/or other diurnal curves developed within the region. Existing and projected year 2010 and 2024 demands will be allocated to the model. EES will assist the City with calibrating the hydraulic model to evaluate system reliability and service conditions, with special emphasis on adequate pressure and storage capabilities. Refer to Task 500 for a full description of modeling effort. City Input: The City will need to provide data requested by EES regarding system infrastructure, accompany EES on facility inspections, review CIP, and identify problem areas. Deliverables: List of system improvements for input to CIP Input to the System Reliability Analysis Chapter for the Final Report iae Scope of Work Updating Water and Sewer Comprehensive Plan City of Tukwila Subtask 307 Regulatory Compliance Program Objective: To develop a plan that ensures existing and continued compliance with State and Federal Safe Drinking Water Act requirements. Approach: EES will conduct a review of the City's regulatory compliance program since the previous WSP. EES will also provide an assessment of upcoming drinking water regulations and their potential impact to the City. City Input: The City will provide distribution system water quality data collected from 1998 to 2003 and existing monitoring plans, and review Draft Chapter. Deliverables: Chapter for the Final Report Input to the CIP Subtask 308 Source Water Protection Programs Objective: Briefly describe and refer to Seattle's source water protection program. Approach: Extract some brief materials from SPU's Comprehensive Plan to address source water protection. City Input: None. Deliverables: Summary of SPU's Cedar River Sources Water Protection Plan. Subtask 309 Operation and Maintenance Program March 3, 2004 Objective: Update the Operation and Maintenance Program to describe operation and maintenance of the City's water system. Approach: This Chapter will pull together and update the various written O &M procedures that describe the City's: Organizational structure and certifications, Routine and emergency operations, System operations and control, Cross connection control, Records and data management, Preventive maintenance, Contingency operational plan, Customer complaint procedures, gir dps Scope of Work Updating Water and Sewer Comprehensive Plan �.�+r7 City of Tukwila Impacts of O &M activities on Endangered Species Act compliance, Safety procedures, and A summary of operation and maintenance deficiencies. March 3, 2004 EES will not develop any new materials for this subtask, but will collate and assemble information provided by the City. City Input: The City will provide documentation addressing individual elements listed above, and EES will collate the elements into a chapter of the WSP. Deliverables: A chapter of the Final Report Input to the CIP. Subtask 310 Design and Construction Standards Objective: To document planning, design, and construction standards. Approach: Review and document the planning, design and construction standards for the installation of distribution mains to enable the City to meet DOH Guidelines to utilize the alternative approval process for distribution system related improvements. EES will review the City's standard drawings for various appurtenances and construction certification procedures and will assemble in one reference for use internally and externally. A chapter will be developed related to planning, design, construction, and construction certification. City Input: The City will provide all available information that relates to planning criteria, design standards, construction standards, and construction certification. Deliverable: An Appendix to the Final Report. Subtask 311 Capital Improvement Plan Objective: Develop an updateable capital improvements plan (CIP) that incorporates the recommended water system improvements identified throughout the WSP and from other ongoing studies, and aligns with the water utility financial plan. Approach: Along with the City, EES will help establish criteria to prioritize projects and select altematives. In conjunction with developing the financial plan, we will develop a schedule for the capital improvements based on financial capacity, maintenance needs, and additional capacity requirements. The schedule will be based both on calendar time and, for capacity improvements, on demand "triggers A spreadsheet will be prepared for City use to facilitate the changing nature of CIP projects. Project costs for each recommended project will be developed. These costs will include construction and sales tax (construction cost) plus additional direct costs (developed as a id Scope of Work Updating Water and Sewer Comprehensive Plan �.�.r7 City of Tukwila a Deliverable: Draft Chapter to the WSP. Subtask 313 Prepare WSP Update Objective: Prepare, edit, organize, and submit a Draft and Final WSP. percentage of construction cost) such as engineering (design and construction), surveying, geotechnical, permitting, administrative, etc. that will be required and should be included within the project cost. City Input: City input will be most critical in establishing the prioritization criteria and determining how projects will be funded. Review and comment on draft CIP spreadsheet. Deliverables: t ea Scope of Work Updating Water and Sewer Comprehensive Plan City of Tukwila March 3,2004 Chapter for Final Report. Electronic, updateable CIP spreadsheet in Excel format showing to the type of project, year of scheduled improvement, and project cost. Subtask 312 Financial Program Objective: Prepare the WSP chapter summarizing the Financial Program required to meet current operating needs eds while properly financing capital, operational, and renewal and replacement (R &R) improvement programs. Approach: With assistance from the City, EES will develop a revenue requirement for the next six -year period that will identify the total overall financial needs of the utility. The financial plan will ensure the adequate funding of operating and maintenance expenses, taxes /transfers, debt service, capital projects, reserve balances, and financial covenants. Special emphasis will be placed on the development of a capital. funding approach that considers both annual capital renewals /replacements and non recurring projects. The capital plan will review internal and external funding sources. The results of the financial plan will provide a recommendation regarding the required changes in rate revenue levels to accomplish the operating and capital items identified in the comprehensive planning process. A rate implementation plan will be developed with an overall strategy for rate adjustment for the utility in order to minimize rate impacts to customers should large rate adjustments be required. The rate structure for the utility will also be reviewed for appropriateness when compared to industry standards and state requirements (e.g. conservation based rates). EES will provide a comparison of the recommended rates to the monthly rates of surrounding utilities. It should be noted that the work to meet DOH requirements for a WSP is not a detailed water rate study. City Input: The City will provide all necessary fmancial information to enable EES to develop program. Assign City staff person to work directly with EES on this task sufficient to meet DOH requirements. Review and comment on draft Chapter. Approach: EES will prepare the Final Report in 3 phases: Preliminary Draft Report of Volumes I and II for internal CITY review. Final Draft for external stakeholder (City, Council, County, Public, and DOH) review and SEPA documentation (Volume I only). Final Report (Volumes I and II) The goal will be to keep the WSP succinct, with supporting documents in Appendices (Volume II). The fmal report will be in a camera -ready form for printing and publication by the City. Product includes a CD -ROM copy of report text and graphics. City Input: The City will review the Draft and Final Water System Plan, Volumes I and II, provide one set of comments on the Draft report, and review with EES, as needed. Deliverables: 5 copies of Preliminary Draft (Volumes I and II) 10 copies of Final Draft (Volume I only) Camera -ready Final WSP, Volumes I and II CD -Rom of final WSP, Volume I only, after receiving final comments from DOH. Subtask 314 SEPA Documents Checklist Objective: Identify and evaluate the potential environmental impacts of the Water System PIan Update. Approach: A SEPA checklist will be prepared based on the Water System Plan Update. City Input: The City will review the draft SEPA checklist and process the environmental determination. Deliverables: Draft and final SEPA Checklists. Subtask 315 DOH Submittal and Response Objective: Achieve approval for the completed Water System Plan Update by DOH. March 3, 2004 Approach: EES will follow the proper submittal process for both Volume I II to DOH. Once DOH response is received, EES will review the written request for clarification or additional information and make assignments within the City/EES team for response. It is unlikely that edits to Volume II will be needed. City Input: The City will provide responses, as required, for Volume I issues, and pay DOH review fees. ///ept Scope of Work Updating Water and Sewer Comprehensive Plan 10 /�l G�rr7 City of Tukwila Deliverables: Submit Draft WSP, Volume I II, to DOH together with draft SEPA checklist. Written revisions and clarification to DOH questions or issues. Final WSP, Volumes I and II. Task 400 —Sewer System Plan Update This task involves preparing the required elements of the SSP and assembling them into a useful cohesive document. The SSP is intended to meet the requirements of the Department of Ecology WAC 173- 240 -050. Subtask 401 Sewer Utility Policies Objective: Review and describe sewer utility policies pertinent to the SSP. Approach: This subtask will build on Task 200 Develop Planning Considerations and the City will provide the additional information including: EES will prepare a summary of these policies for inclusion in the final report. March 3, 2004 Service area agreements, Agreements with King County METRO, Ordinances or applicable policies regarding pretreatment requirements for industrial customers, Rate structure for the City's customerk, including relationship of metered water to estimated wastewater flows, and Rates City pays for wastewater delivered to King County METRO. City Input: The City will provide copies of all pertinent agreements and policies to EES and review the Draft chapter of the final Report. Deliverables: Draft Chapter of the Final Report. Subtask 402 Sewer System Description Objective: Describe the existing sanitary sewer supply system. Approach: The approach will be to update appropriate sections of the existing SSP. The Chapter will need to include information on: Ownership and management; Existing service area boundaries; System background and history; Boundaries of topographic basins served by trunk sewer lines; Detailed inventory of existing and proposed sewer lines pump stations and other facilities; a pps Scope of Work Updating Water and Sewer Comprehensive Plan 11 G�r�7 City of Tukwila Deliverables: Draft Chapter of the Final Report. March 3, 2004 Topography and elevations; Information on infiltration and inflow as well as any other issues that may require corrective actions; List of establishments producing industrial wastewater, and information on the wastewater generated as well as expected future industrial expansion, if known; Operating areas and hydraulic operations; and Discharge points to METRO. Subtask 402 is linked closely to Subtask 405 Conduct Sewer System Analysis. A sewer system profile(s) will be developed as part of this subtask. EES will work with City staff to prepare the profile. City Input: The City will work with EES to develop a profile, and answer questions about the system during development of this chapter. Subtask 403 System Planning Considerations and Wastewater Flow Forecast Obj ective: Describe and summarize system planning, considerations, and develop a range of wastewater flow forecasts for 6 and 20 -year horizons (2010 and 2024, respectively). Approach: EES will draw from the earlier Task 200 to prepare the chapter on system planning considerations for the SSP, and will work with City staff to refine wastewater flow projections. Historical flow projections for various customer classes will be reviewed and incorporated as available. Six and 20 -year time horizon flow projections projections will be developed to coincide with the range of growth anticipated by the City. High, medium and low forecasts will be prepared. Information for the city will need to be broken down into sub basins for use in hydraulic modeling. A list of customers generating industrial wastewater will be included. City Input: The City will provide the necessary data and comment on the Draft Chapter. Provide detailed data on wastewater flow including list of major generators, as needed. Deliverables: The deliverable will be a Draft Chapter of the Final Report. A range of wastewater flow forecasts through year 2024. Subtask 404 Infiltration and Inflow Projections Objective: Evaluate the extent of Infiltration and Inflow WI) within the sewer collection system, both spatially and as an overall quantity. Approach: EES will research existing records on flows within the sewer collection system to determine dry and wet weather flow rates. Dry weather flows will be used in subtask 403 to develop wastewater flows and the difference between dry and wet weather flows will be IMES Scope of Work Updating Water and Sewer Comprehensive Plan 12 City of Tukwila considered to be I/I. The results of this analysis will be used in the hydraulic modeling task to determine the capacity of piping in the system. I/1 is not uniformly distributed throughout the collection system. This task will also identify where 1/I should be allocated in the model to best replicate the existing conditions. City Input: The City will provide assistance regarding locations where excessive I/1 is currently found in the system. Deliverables: Description and evaluation of the City's I &I. Evaluation of I &I impacts on the waste flow forecast by area or sub basin. Chapter for the Final Report. Subtask 405 Conduct Sewer System Analysis March 3, 2004 Objective: Evaluate the condition and capacity of the sanitary sewer system including pipe conditions, lift stations, flush tanks and appurtenances. This subtask will be closely coordinated with Task 500 Hydraulic Modeling. Approach: Subtask 405.1 Evaluate Physical Condition of Facilities. An assessment of the overall condition and remaining life of the City's major sewer system facilities will be made. This will be based on a one -day field inspection of facilities, review of previous condition reports and interviews with operating staff. Subtask 405.2 Service to Existing Areas. The ability of the existing collection system to provide service to the existing customers will be evaluated. This will primarily be completed by using the hydraulic model for the Central Business District (CBD). The remainder of the existing service area will be evaluated through less rigorous calculations and through discussions with City staff. Subtask 405.3 Service to Planned Areas. Extension of service beyond the existing collection system will be evaluated through the use of spreadsheet calculations. The evaluation will be limited to a single interceptor line (or lift station and force main) for each new service area. The evaluation will not include the typical collection piping that would be identified for a particular development. Subtask 405.4 Sanitary Sewer Overflows. The existence and operation of Sanitary Sewer Overflows (SSO) within the City's collection system will be evaluated. This will include identification of flow rates that cause overflows, evaluation of the system upstream of the SSO for peak flows to determine if/when the SSO will operate, and development of alternatives to eliminate or diminish the overflows. City Input: The City will provide data requested by EES regarding system infrastructure, accompany EES on facility inspections, review CIP, and identify problem areas. /gees Scope of Work Updating Water and Sewer Comprehensive Plan 13 /�l �r�rr7 City of Tukwila Deliverables: List of system improvements for input to CIP Chapter for the Final Report Subtask 406 Operation and Maintenance Program Objective: Update the Operation and Maintenance Program to describe operation and maintenance of the City's sewer system. Approach: This Chapter will pull together and update the various written O &M procedures that describe the City's: Organizational structure and certifications, Routine and emergency operations, System operations and control, Records and data management, Preventive maintenance, Contingency operational plan, Customer complaint procedures, Impacts of O &M activities on Endangered Species Act compliance, Safety procedures, and A summary of operation and maintenance deficiencies. EES will not develop any new materials for this subtask, but will collate and assemble information provided by the City. City Input: The City will provide documentation addressing individual elements listed above, and EES will collate the elements into a chapter of the SSP. Deliverables: A chapter of the Final Report Input to the CIP. March 3, 2004 Subtask 407 Capital improvement Plan Objective: Develop an updateable capital improvements plan (CIP) that incorporates the recommended sewer system improvements identified throughout the SSP and from other ongoing studies, and aligns with the sewer utility financial plan. Approach: Along with the City, EES will help establish criteria to prioritize projects and select alternatives. In conjunction with developing the financial plan, we will develop a schedule for the capital improvements based on financial capacity, maintenance needs, and additional capacity requirements. A spreadsheet will be prepared for City to use to facilitate the changing nature of CIP projects. �/r Scope of Work Updating Water and Sewer Comprehensive Plan 14 /!l City of Tukwlla Project costs for each recommended project will be developed. These costs will include construction and sales tax (construction cost) plus additional direct costs (developed as a percentage of construction cost) such as engineering (design and construction), surveying, geotechnical, permitting, administrative, etc. that will be required and should be included within the project cost. City Input: City input will be most critical in establishing the prioritization criteria and determining how projects will be funded. Review and comment on draft CIP spreadsheet. Deliverables: Chapter for Final Report. Electronic, updateable CIP spreadsheet in Excel format showing to the type of project, year of scheduled improvement, and project cost. Subtask 408 Financial Program Deliverable: Draft Chapter to the SSP. Subtask 409 Prepare SSP Update Objective: Prepare, edit, organize, and submit a Draft and Final WSP. March 3, 2004 Objective: Prepare the SSP chapter summarizing the Financial Program required to meet current operating needs while properly financing both capital, and renewal and replacement (R &R) improvement programs. Approach: With assistance from the City, EES will develop a revenue requirement for the next six -year period that will identify the total overall financial needs of the utility. The financial plan will ensure the adequate funding of operating and maintenance expenses, taxes /transfers, debt service, capital projects, reserve balances, and financial covenants. Special emphasis will be placed on the development of a capital funding approach that considers both annual capital renewals/replacements and non recurring projects. The capital plan will review internal and external funding sources. The results of the financial plan will provide a recommendation regarding the required changes in rate revenue levels to accomplish the operating and capital items identified in the comprehensive planning process. A rate implementation plan will be developed with an overall strategy for rate adjustment for the utility in order to minimize rate impacts to customers should large rate adjustments be required. The rate structure for the utility will also be reviewed for appropriateness when compared to industry standards. EES will provide a comparison of the recommended rates to the monthly rates of surrounding utilities. It should be noted that the work to meet Ecology's requirements is not a detailed sewer rate study. City Input: The City will provide all necessary financial information to enable EES to develop program. Assign City staff person to work directly with EES on this task sufficient to meet Ecology's requirements. Review and comment on draft Chapter. zcee Scope of Work Updating Water and Sewer Comprehensive Plan 15 (�l City of Tukwila Approach: EES will prepare the Final Report in 3 phases: Preliminary Draft Report for internal City review. Final Draft for external stakeholder (City, Council, County, Public, and Ecology) review and SEPA documentation. Final Report. The goal will be to keep the SSP succinct, with supporting documents in Appendices. The final report will be in a camera -ready form for printing and publication by the City. Product includes a CD -ROM copy of report text and graphics. City Input: Review Draft and Final Sewer System Plan. Provide one set of comments on draft report and review with Consultant as needed. Deliverables: 5 copies of Preliminary Draft 10 copies of Final Draft Camera -ready Final SSP CD -Rom of final SSP after receiving final comments from Ecology Subtask 410 SEPA Documents Checklist March 3, 2004 Objective: Identify and evaluate the potential environmental impacts of the Sewer System Plan Update. Approach: A SEPA checklist will be prepared based on the Sewer System Plan Update. City Input: The City will review the draft SEPA checklist and process the environmental determination. Deliverables: Draft and final SEPA Checklists. Subtask 411— Ecology Submittal and Response Objective: Achieve approval for the completed Sewer System Plan Update by Ecology. Approach: EES will follow the proper submittal process for submittal to Ecology. Once a response is received from Ecology, EES will review the written request for clarification or additional information and make assignments within the City/EES team for response. City Input: The City will provide responses, as required, for issues raised by Ecology, and will pay Ecology's review fees. Scope of Work Updating Water and Sewer Comprehensive Plan 16 City of Tukwila Deliverables: Submit Draft SSP to Ecology together with draft SEPA checklist. Written revisions and clarification to Ecology's questions or issues. Final SSP. Task 500 Develop and Use Hydraulic Models The following information is requested for the modeling process: March 3, 2004 Mapping showing the locations of reservoirs, pump stations, interties, and connections to SPU pipelines for the water system model; and location, diameter, and material of pipe, Iift stations, and manholes for the sewer system. Descriptions of pump stations including size, pump curves, number of pumps in each station, and operational characteristics (start/stop signals, pump priorities, etc.): Descriptions and locations of reservoirs. Hydraulic profile of the water distribution system including pressure zone designations, identification of facilities in each pressure zone, interconnections between zones (pumps and PRVs). System profiles of the wastewater collection system. Subtask 501 Water System Hydraulic Model Objective: Update and calibrate the existing WaterCAD hydraulic model and utilize the model to evaluate the operation of the City's water system. Approach: EES will obtain a copy of the existing WaterCAD stand -alone ver 3.1 hydraulic model from the City. Haestad Methods no longer supports this version of WaterCAD. The model will be completed in the same format as the existing model and will be presented to the City in that version. Should the City desire to purchase a later version of WaterCAD, EES will translate the version 3.1 model to the later version. Using mapping from the City that describes facilities that have been installed since the last model update, EES will add the new pipelines to the model. EES will work with City staff to obtain existing fire flow information and to identify additional locations for fire flow tests (two to three total) to be used in calibration of the model, and will perform simulations to provide calibration. Once the system is calibrated, EES will perform evaluations to determine system adequacy under current demand and under 6- and 20 -year projected demand. The analysis will include peak hour demands and peak day demands with fire flow. This analysis will concentrate primarily on the existing system. The single area where the analysis will extend beyond the existing system involves a possible annexation to the south. a ces Scope of Work Updating Water and Sewer Comprehensive Plan 17 City of Tukwila March 3, 2004 The City will provide EES with information on hourly flows through the Seattle connections for use in the development of a diurnal curve. The daily demand fluctuations in the City's system are not typical and will need to be created specially for this model. In areas where the system cannot provide the required pressures, EES will work with City staff to develop capital improvement projects that bring the system into compliance with regulatory minimums. The results of the modeling effort will be included in the Capital Improvement Program in Subtask 311. The City is currently discussing annexation of a portion of' the distribution system of Water District 125 (WD 125) that is located within the City limits, This is not likely to occur within the next 6 years, but could easily be completed before the end of the 20 -year planning period. A limited analysis of the ability to incorporate this system will be completed. The analysis will not include the piping of the WD 125 system, but will look at the ability to serve water to the WD 125 piping from the City's pipelines. Following completion of the WSP, EES staff will provide up to eight hours of training to City staff on the development and operation of the model. City Input: The City will provide the following the items listed under Task 500, and the following: Copy of existing WaterCAD ver 3.1 input files. Collection of field fire flow data for calibration. Hourly flow information from Seattle connections for several days during different times of the year. Identification of areas of concern within the distribution system. Listing of required fire flow and locations where high flows are needed. Deliverables: Chapter for inclusion in WSP System specific diurnal curve Updated and calibrated WaterCAD Hydraulic Model. Eight hours of training at City offices. Subtask 502 Wastewater System Hydraulic Model Objective: Create a new SewerCAD hydraulic model of the City's Central Business District (CBD) Approach: EES will obtain copies of the City's drawings of the collection system in the CBD. Using this information, EES will develop a SewerCAD hydraulic model to simulate the operation of the collection system. The model will be calibrated to match existing flow data obtained from the City. I/I information developed in an earlier task will be used and allocated to Scope of Work Updating Water and Sewer Comprehensive Plan 18 �.�ir7 City of Tukwila 1 Collection system mapping and record drawings Identification of areas of concern within the collection system. Deliverables: Chapter for inclusion in SSP Calibrated SewerCAD Hydraulic Model. Presentation to Management Presentation to Council March 3, 2004 the model as appropriate. The model will not extend beyond the CBD, except for a single collection line that parallels I -405 and is tributary to Pump Station 12. Once the system is calibrated, EES will perform evaluations to determine system adequacy under current flows and under 6- and 20 -year projected demand. The analysis will include allowances for I/I in the system and for the potential of high -rise buildings in limited areas currently consisting of warehouses. In areas where the system does not have the required capacity, EES will work with City staff to develop capital improvement projects that will provide adequate capacity (both piping and pumping). The results of the modeling effort will be included in the Capital Improvement Program in Subtask 407. The City does not wish to purchase a copy of the SewerCAD software at this time; therefore, EES will provide a copy of the model to the City and will retain a copy of the model. Modeling of the sewer system outside of this scope will be on a time and materials basis, as requested by the City. City Input: The City will provide the following the items listed under Task 500, and the following: Task 600 Participation in Meetings and Presentations Objective: Support the City by preparing for and attending meetings associated with the Project, as requested by the City, including possible meetings with City' management, Council, Citizen Committees, public workshops, and public hearings. Approach: The approach will be for the City to request EES to prepare for and attend up to two meetings /formal presentations in support of all of the above tasks. Two meetings /presentations have been identified on a preliminary basis: Meetings in excess of these two will be considered out of scope and will be addressed under Task 800 Additional/Out of Scope Work. di ept Scope of Work Updating Water and Sewer Comprehensive Plan 19 �i•��.•�i77 City of Tukwila Task 700 —WD 125 Valuation March 3, 2004 City Input: The City will coordinate the meetings with up to two entities (Council, Citizen Conunittees, or other outside agencies) and request EES to prepare for and attend predetermined meetings. Deliverables: EES will prepare for and attend meetings as requested up to the budget limit. Agendas, presentation materials, and minutes will be prepared, as appropriate. Objective: To provide the City with a reasonable and justifiable value for portions of WD 125 identified by the City.. Approach: EES will provide the City with a valuation of a portion of WD 125 (piping identified by the City using the reconstruction cost less depreciation approach to infrastructure value, one of three generally accepted valuation methods. This method relies upon historical plant data supplemented by engineer's estimates where historical data is not available. City Input: The City has provided EES with an identification of the pipes to be valued as well as an initial submittal of applicable data including installation date and historical cost. The City will provide any additional necessary and available data to facilitate the valuation. The City will identify EES's contact person for review and comment of the valuation results. Deliverables: EES will provide a technical memorandum identifying the results of the valuation study including any engineer's estimates used in lieu of historical data and any assumptions used to complete the study. Task 800 Additional /Out of Scope Work Objective: To support the City and address any out of scope items in a fair and timely manner. Approach: Either the City or EES may identify an out of scope or additional work item that needs to be accomplished for the Project or to support the City's needs. Upon request by the City, EES will prepare a written scope and budget and will identify scheduling issues. After review and approval by the City in writing, EES will accomplish the work per the scope, budget and schedule. The type of work may include, but is not limited to water and sewer rate studies, training in use of the model, support in estimating project costs, planning, design of piping systems, vulnerability assessments, etc. City Input: Recognize out of scope items and promptly respond to scope creep and additional work issues. Deliverables: EES will promptly prepare scope, budget, and schedule for additional work items as requested. A di Scope of Work Updating Water and Sewer Comprehensive Plan 20 City of Tukwila Task 900— Project Management Subtask 901 Project Management and Quality Control Objective: Perform overall project management functions. Approach: EES will perform overall project management functions necessary to address contract, scope, budget, and schedule. This includes bi- weekly status meetings either in person or by phone, tracking the project schedule, deliverables, and budget, and ensuring clear lines of communication if out of scope items need to be addressed. This subtask also includes preparing invoices and written status reports on a monthly basis. Should any out of scope items be noted, they will be brought to the City's attention immediately for resolution. City Input: Manage City functions including review of deliverables and schedule and coordinate with Consultant Project Manager. Assist with success of project by providing timely responses to data requests and scheduling meetings. Process invoices and change orders in a timely manner. Deliverables: A well managed project that is properly coordinated, meets budget and schedule, and meets the City's objectives. Project tracking, biweekly status report meetings, and invoicing. Subtask 902 Quality Control Objective: Implement the EES Quality Control Program for all Project deliverables. Approach: EES will assign appropriate staff so that each deliverable is properly reviewed and edited to achieve Quality Control objectives. This process will include QC reviews of Draft Plan Sections, Technical Memoranda, appendices, and Preliminary, Draft and Final reports. City Input: None. Deliverables: March 3, 2004 Products that have undergone the appropriate level of QC review before being disseminated. Products that meet or exceed the minimum quality requirement of DOH and Ecology. sees Scope of Work Updating Water and Sewer Comprehensive Plan 21 City of Tukwila EXHi31T B City of Tukwila Water and Sewer Comprehensive Plans Update Project Budget Breakdown 100 Project Startup and Organization $2,155 $2,156 200 Developing Planning Considerations 2,750 2,750 300 Water System Plan Update 49,666 0 400 Sewer System Plan Update 0 42,910 500 Develop and Use Hydraulic Models 21,100 21,100 600 Participation in Meetings and Presentation 2,088 2,088 700 WD125 Valuation 3,260 0 800 Additional/Out of Scope Work 0 0 900 Project Management and Quality Control 8,296 8,296 Expense 2,392 2,393 Total $91,707 $81,693 Utilities Committee March 16, 2004 Present: Pam Carter, Chair; Pam Linder, Dave Fenton Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Mike Cusick, Alan Doerschel, Rebecca Fox, Lucy Lauterbach; Steve Caputo Rabanco DRAFT 1. Water Sewer Come Plans Consultant Agreement The Water and Sewer Plan updates are planned for this year. The chosen firm from a list of short- listed consultants is Economic and En gineering Services, Inc. Pam Carter noted that the consultant contract came in under budget with i r_ the 9.5% contingency included. Mike indicated that the study will incorporate the portion of Water District 125's water distribution system that serves Foster Point since the City plans to take over that system. Pam commented on SewerCAD and Mike explained that the City will purchase the SewerCAD software if there is sufficient money left in the contingency. If additional modeling is required, consultant will provide the service. The consensus was to move the issue to COW and then to Regular Council. Refer Agreement with EES for $189.873 to COW. 2. Andover Park West Overflow This project will build a gravity flow system for Lift Station 2 at Minkler /Andover Park West. This is needed in case of a generator failure. The lowest bid came in under budget with the 10% contingency included. Pam asked if the low bidder, Construct Co. LLC had done work for the City. Mike indicated that Construct Co had never worked on a project for the City but reiterated that references were checked and that feedback was very positive. A question was asked if the low bidder was a company that performed poorly on previous projects what would we do? Jim indicated that more than likely, staff would recommend the next lowest bidder and forward to Council for approval. Jim stated that part of the contract process is to determine both contractor responsiveness (did contractor fully meet all the terms stated in the invitation for bids) and contractor responsibility (is the contractor trustworthy and does he have the ability to satisfactorily perform the proposed work). The Committee recommended moving this issue to COW and Regular Council for approval. Recommend bid award to Construct Co. LLC for $247.674.40 including WSST to COW and Council. 3. Solid Waste Contract Extension The City currently has a garbage and recycling contract with Rabanco. The contract will expire in March, 2005. Staff presented two options to the Committee: to wait until the contract expires next year and then look for a provider; or to extend the current contract for two years, which is possible because of an extension clause in the current contract. The Committee recommended this second option. Jim M said Public Works staff is too busy to negotiate a new contract with possible a new contractor next year, and that an extension was their favored option. Pam L asked about performance, which staff reported as excellent. Regarding rates, Frank said Tukwila's rates compare favorably to other cities around us Pam C asked about Bellevue's new contract, which is very complicated but probably has lower rates than Tukwila. Steve's answer was that Tukwila's rates are the best in the whole South Sound. Jim M noted the time to be able to extend the contract expires at the end of March. Pam C asked whether there were any reasons not to extend, and Frank said there weren't any other than denying other providers the right to compete for our business. Dave said as a commercial customer he's had very good support from Rabanco. CAS Number: 04-042 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 03/22/04 Meeting Date 03/22/04 COUNCIL AGENDA SYNOPSIS Meeting Date 03/22/04 ot* o'1/4 a Southcenter Parkway Extension Consultant's Agreement Council Initials Prepared NA. !Mayor's review! Council review 1 RT 1 I I, Li?, ict 1 i ITEM 4 ITEM INFORMATION Original Agenda Dater(November 24, 2003) Mar 22, 2004 Admin. Public Works The consultant's agreement is for an engineering design report for roadway improvements on Southcenter Parkway from S 180 St to the South City Limits. The improvements include widening the road and adding curbs, gutters, sidewalks, and drainage. Sixteen proposals were submitted and nine firms were interviewed. David Evans Associates was chosen as providing quality design services as well as experience coordinating with private development issues. Authorize the Mayor to sign the agreement with David Evans Associates. Forward to COW and then to Regular Council. Same as Sponsor. $350, 577 104/02 Commerical Streets (pg. 112, 2004 Proposed CIP) RECORD OF COUNCIL ACTION Action APPENDICES Attachments Information Memo dated March 17, 2004 Consultant's Agreement Transportation Committee Meeting Minutes from February 23, 2004 ((Presented to Transportation Committee on 3/22/04 and then on to COW that same night) (P:ProJecuIRW184RW371CAS SC: Flory Er/ David Evans AG 3 -22-04) To: Mayor Mullet From: Public Works Director Date: March 17, 2004 Subject: P.S. E. Contract Southcenter Parkway Extension S 180 St to South City Limits ISSUE Authorize the Mayor to sign a design contract. with David Evans Associates, Inc. to provide P.S. E. for the Southcenter Parkway Extension project. BACKGROUND The City has received grant funds from the Transportation Improvement Board ($150,000) and Federal funds ($200,000) to design improvements on Southcenter Parkway from S 180` St to the South City Limits. David Evans Associates Inc. is the consultant selected to provide Plans, Specifications, and an Engineer's Estimate for bidding and construction. The contract and 2004 budget amounts are: ANALYSIS Preliminary Eng. INFORMATION MEMO Contract Budaet 350,577 381,000 A contract with David Evans Associates, Inc., for preparation of P.S. E., has been negotiated in the amount of $350,577.00. This contract is within budget and will provide design services including advertisement for construction bids. RECOMMENDATION Authorize the Mayor to sign the contract with David Evans Associates, Inc. in the amount of $350,577.00. attachments: Contract Local Agency Standard Consultant Agreement Agreement Number Federal Aid Number Agreement Type (Choose one) Lump Sum Lump Sum Amount 0 Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method Actual Cost o Actual Cost Not To Exceed Fixed Rate Fixed Fee Specific Rates Of Pay Negotiated Hourly Rate O Provisional Hourly Rate Cost Per Unit of Work THIS AGREEMENT, made and entered into this between the Local Agency of City of Tukwila DOT Form 140 -089 EF Page 1 of 8 Revised 12/99 Consultant/Address/Telephone David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 -3518 Attn: Catherine Mirkin, P.E. 425 -519 -6582 1 Project Title And Work Description Southcenter Parkway Extension Project: Replace the existing two -lane roadway with a five -lane facility from S. 180th St. to the southern city limits to include curb, gutter, and sidewalks on the both sides of the road. Other improvements include storm drainage, traffic signal, illumination, utility relocations, channelization, and signing. DBE Participation D Yes No WBE Participation Yes No Federal ID Number or Social Security Number 93- 066 -1195 Do you require a 1099 for IRS? Completion Date p Yes El No Total Amount Authorized Management Reserve Fund Maximum Amount Payable day of WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT'. WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: 350,577.00 350,577.00 GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall fumish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II SCOPE OF WORK The Scope of Work and project level of effort for this project is detailed in Exhibit "B" attached hereto, and by this reference made a part of this AGREEMENT. III GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the AGENCY Necessary contacts and meetings with agencies, groups or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, State, City or County officials groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "B" attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvan- taged Business Enterprises (DBE) and Women Owned Business Enterprises (WBE) if required shall be shown in the heading of this AGREEMENT. Page 2 of 8 All reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT and are property of the AGENCY. Reuse by the AGENCY or by others acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULT- ANT, but may be extended by the AGENCY, in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "C" attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compen- sation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work The CONSULTANT shall conform with all applicable portions of 48 CFR 31. VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, at- tached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consider- ation, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability, or in its discre- tion, to deduct from the AGREEMENT price or consideration or otheuwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered Page 3 of 8 employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or might arise under any Workmen's compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Depart- ment of Transportation, the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employ- ment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employ- ment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULT- ANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discrimina- tory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regula- tions relative to nondiscrimination in the same manner as in Federal- assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorpo- rated by reference and made a part of this AGREEMENT. The consultant shall comply with the American Disabilities Act of 1992, as amended. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selec- tion and retention of subconsultants, including procurements of materials and leases of equip- ment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERI- ALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 sive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the United States Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULT- ANT under the AGREEMENT until the CONSULTANT complies, and /or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CON- SULTANT shall take such action with respect to any subconsultant or procurement as the AGENCY or the Federal Highway Administra- tion may direct as a means of enforcing such provisions including sanctions for noncompli- ance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CON ULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULT- ANT of the Notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CON- SULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULT- ANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm to complete the work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work per- formed at the time of termination. Under no circumstances shall payment made under this subsec- tion exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULT- ANT was not in default or that the CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervi- sory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, 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 AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY's concur- rence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CON- SULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULT- ANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitle- ment to exercise those rights with respect to any future act or omission by the CONSULTANT. X CHANGES OF WORK The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI DISPUTES Any dispute concerning questions of fact in connec- tion with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washing- ton, situated in the county the AGENCY is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accor- dance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT; provided Page 6 of 8 that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforce- able only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANTS agents or employees The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance taw, Title 51 RCW. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shall provide on -call assistance to the AGENCY during contract adminis- tration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as other- wise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker's Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shalt furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclu- sive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. Page 7 of 8 XIV EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREE- MENT accordingly. C. The CONSULTANT must submit its "request for equitable adjustment" (hereafter referred to as claim) under this clause within 30 days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a claim submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However nothing in this clause shall excuse the CON- SULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and condition of paragraphs (a) and (b) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. XVI FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit "A-1", are the Certifications of the Consultant and the Agency, Exhibit "A -2" Certification regarding debarment, suspension and other responsibility matters primary covered transactions, Exhibit "A -3" Certification regarding the restrictions of the use of Federal funds for lobbying, and Exhibit "A-4" Certificate of Current Cost or Pricing Data. Exhibits "A -3" and "A-4" are only required in Agreements over $100,000. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. By consultant William R. Goring, P.E. By Page 8 of 8 Agency City of Tukwila XVIII This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, represen- tation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX EXECUTION AND ACCEPTANCE This AGREEMENT may be 'simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Exhibit A -1 Certification Of Consultant I hereby certify that I am William R. Garing, P.E. representative of the firm of David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 -3518 firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or to retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Certification of Agency Official Project No. Local Agency and duly authorized whose address is and that neither I nor the above I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and civil. Date Signature Exhibit A -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and (d) Have not within a three -year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): David Evans and Associates, Inc. (Date) (Signature) President or Authorized Official of Consultant Exhibit A -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): David Evans and Associates, Inc. (Date) (Signature) President or Authorized Official of Consultant Exhibit A -4 Certificate of Current Cost or Pricing Data This is to verify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.801 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804 -2) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of are accurate, complete, and current as of This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm David Evans and Associates, Inc. Name William R. Garing, P.E. Title Sr. Associate Date of Execution Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). Insert the day, month, and year when price negotiations were concluded and price agreement was reached. Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. CITY OF TUKWILA ENGINEERING DESIGN SERVICES SOUTHCENTER PARKWAY EXTENSION PROJECT SCOPE OF SERVICES SECTION 1.00 PROJECT DESCRIPTION AND DELIVERABLES PROJECT DESCRIPTION The objective of this project is to prepare construction documents including plans, specifications and estimates (PS &E) of construction cost for the Southcenter Parkway Extension Project. The project proposes to replace the existing two -lane roadway with a five -lane facility from South 180 Street south to the southern city limit, approximately 0.7 miles. The roadway section will include a five -lane roadway (two lanes in each direction with a center two -way left turn lane) with curb, gutter and six -foot sidewalks on the both sides of the road. Other improvements include an enclosed storm drainage system, detention and water quality facilities, traffic signal upgrade, illumination, utility relocations, channelization•and signing. Construction funding has not been secured, so no specific construction schedule has been set. Construction documents are scheduled to be completed in Spring 2005. 1.02 PROJECT DELIVERABLES FURNISHED BY THE CONSULTANT The Consultant shall maintain a project file for pertinent work items. These files will be delivered to the City at the conclusion of the project. In addition to the project files, the Consultant shall deliver the following documents and products to the City as part of this agreement: Final topographic base mapping and electronic files; AIignment Analysis Technical Memo; Biological Assessment (two draft and one final); Sensitive Areas Report (one draft and one final); WSDOT ECS with SEPA Section A (one draft and one final); NPDES Permit Application; Geotechnical Report (one draft and three final); Hydraulic Report one draft and three final); PS &E contract plans for review at 30 60 and 90% submittals (25 sets of half size plans and 25 specs) and one final set of signed reproducible contract documents (10 full size plans and 50 half -size final plans and specs; and Supporting documents for environmental permits c: \mmp\southc -1.doc DAVID EVANS AND ASSOCIATES, INC. 1 Scope of Services 1.03 ITEMS FURNISHED BY THE CITY All available "As- Built" information; Existing right -of -way alignment and plans, legal descriptions, records of survey plats, short plats and right -of -way negotiations; City of Tukwila horizontal and vertical control tied to the right -of -way alignment, Updated underground utility information for City owned utilities; City of Tukwila boilerplate specifications in electronic format; AutoCAD layering standards; Any applicable preliminary design, geotechnical or environmental documentation; Segale property Environmental Impact Statement; and All City issues permits required for the project. c:\tonp\southc -1.doc DAVID EVANS AND ASSOCIATES, INC. 2 Scope of Services SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2.01 PROJECT MANAGEMENT Direction of the Consultant staff and review of their work over the course of the Project shall be provided. This work element includes preparing the monthly progress reports, invoices, attending progress meetings, and planning work items for the following month. Periodic monitoring of the Consultant's design budget will occur over the course of the Project. Current status, as well as budget projections, will be developed. This work element is intended to help monitor costs and budgets and to propose corrective actions. These actions could include formal requests for scope modifications and respective budget adjustments. Drawings and documents received and generated over the course of the Project will require review, coordination and file management to be completed by the Consultant. It is assumed this project will extend for 12 months. 2.02 SUBCONSULTANT COORDINATION Direction of Subconsultants and review of their work over the course of the Project shall be provided by the Consultant. This work element includes reviewing monthly progress, invoices, attending meetings, and scheduling and coordinating work items for the following month. Monthly monitoring of the Subconsultant's design budget will occur over the course of the Project. Current status, as well as projections, will be developed. This work element is intended to help monitor costs and budgets and to propose corrective actions. These actions could include formal requests for scope modifications and respective budget adjustments. 2.03 DEVELOP AND MAINTAIN THE SCHEDULE Upon receipt of Notice to Proceed, the project schedule shall be developed by the Consultant in cooperation with the City. The schedule shall be submitted to the City for review and approval. The schedule shall be updated monthly to reflect the current status of the project. The schedule will be arranged to meet key target dates for the following• Alignment analysis; 30 60% and 90% design; City Reviews; Final Contract Documents; Geotechnical Report; Environmental Documentation; Hydraulic Report; Environmental Permits; Right -of -way Acquisition; and Property Owner Coordination c:@mp\southc -d.doc DAVID EVANS AND ASSOCIATES, INC. 3 Scope of Services 2.04 MONTHLY PROGRESS REPORTS Monthly reports shall be prepared by the Consultant in a format agreed to with the City Project Manager, and shall include a written report of work performed by the Consultant and Subconsultants for the prior billing period. Progress reports shall be submitted with the monthly invoices. 2.05 MONTHLY INVOICES Monthly invoices shall be prepared by the Consultant for work activities for the prior month. These shall also include Subconsultants work. 2.06 COORDINATION MEETINGS This work element provides for the preparation for, attendance at, and documentation of meetings for the duration of the contract. These meetings shall be the forums for the City to provide input and guidance for the duration of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. The Consultant shall prepare for, attend, and document up to twenty (20) coordination meetings with the City. The meetings will be held at the City offices. The Consultant shall prepare and distribute meeting notes (minutes) to all meeting participants, and the City Project Manager within ten (10) working days following the meeting. The Consultant shall prepare for and attend one (1) office and one (1) field meeting with each of the affected utility companies. The Consultant will attend up to ten (10) meetings with utility companies. 2.07 QUALITY CONTROL /QUALITY ASSURANCE REVIEW This task is for QC /QA review of the Consultant's deliverables by a designated QC /QA staff member. The review shall cover documents, reports, plans, specifications, cost estimates and pertinent information on an ongoing basis. The QC /QA program entails the periodic review of study criteria, design, assumptions, concepts and presentation of product format and assures that the overall Project objectives are being fulfilled. The City will provide additional quality review. This will be coordinated with the Consultant Project Manager and pertinent staff members. Support groups within the City will review and provide direction of pertinent work items and will coordinate with the Consultant Project Manager and pertinent staff members. DAVID EVANS AND ASSOCIATES, INC. 4 cAtemP\soulho -I.doc Scope of Services 3.01 BASEMAPPING The City will supply available records relating to the utility as- builts and the location of the existing Southcenter Parkway right of way. The City shall supply a field topographic survey and topographic base maps of the project area from a third party surveyor. The survey shall include the existing alignment centerline and Right of Way Resolution; The City shall supply the location of Southcenter Parkway alignment; The third party surveyor shall supply a topographic survey 60 feet each side of the proposed roadway alignment centerline at a 50' cross section interval. The survey will be conducted by the owners of the Segale property. Survey shall include all significant features including roadway, edge of pavement, signs, trees, driveways, houses, fences, walkways, walls, utility structures with measurements to pipe inverts and other significant topographic features. The survey shall include 50 foot profiles for each driveway and cross street; The third party surveyor shall coordinate with underground utility locator to determine location of underground utilities. All costs for one -call utility locating and potholing will be paid for by the third party surveyor. The third party surveyor shall field verify base map accuracy which may include some potholing for utilities. The third party surveyor shall stake centerline at 100 foot intervals including PC's, PT's and angle points; The third party surveyor shall supply base maps and horizontal and vertical intervisible control points which shall be tied to existing monument control and defined on the plans. The plan boundaries shall extend from 20 feet south of the City Limits to 50' north of the intersection at South 180 Street. All elevations shall refer to the North American vertical datum. (NAVD 1988). Horizontal control referenced shall be NAD 83 -91. The Consultant shall perform quality control "spot checks" of the third party surveyor /City supplied topographic map to verify the horizontal and vertical accuracy of the topo maps. No Right -of -Way or alignment checks will be performed for this survey. The consultant shall also perform 3 limited topographic surveys of 3 areas no larger than 100' by 100' within the project site. DAVID EVANS AND ASSOCIATES, INC. 5 Scope of Services Deliverables: None SECTION 4.00 ENVIRONMENTAL DOCUMENTATION 4.01 REVIEW EXISTING INFORMATION The Consultant shall review available information that pertains to the environmental conditions within the project area. Information to be reviewed could include maps, resource inventories, aerial photographs, previous reports and environmental documents, and raw data from previous studies. 4.02 ENVIRONMENTAL STUDIES The Consultant shall complete the following supporting environmental studies for the project. 4.02.1 Biological Assessment/Biological Evaluation A Biological Assessment/Biological Evaluation (BA/BE) is assumed to not be necessary for this project. The Consultant will provide coordination with agency personnel to verify this assumption. Should the project require a BA/BE, this task can be performed as an extra service. Deliverables: None 4.02.2 Sensitive Areas Report The Consultant will rely on existing documentation and/or studies prepared by others to provide the information necessary to prepare a sensitive areas report. The Consultant will prepare a sensitive areas report that documents the sensitive areas identified by others within the project area. The sensitive areas report will include information on wetland vegetation, soils, and hydrology, and aquatic features such as streams. The presence of steep slopes and other geologic hazard areas will be discussed. The report will include maps and figures as necessary to document the findings of the field investigation. Note: This scope of work does not include conducting a wetland determination, stream survey, or other field identification and documentation of sensitive areas. Should the existing documentation not provide sufficient information to prepare the sensitive areas report and additional field investigations are required, such additional investigations are considered extra services and are not covered under this authorization. This scope of work also does not include the preparation of mitigation plans. Should the project require impacts to sensitive areas, conceptual and final mitigation plans can be prepared as an extra service. Deliverables: One draft Sensitive Areas Report for review by Client One final Sensitive Areas Report DAVID EVANS AND ASSOCIATES, INC. 6 c:Uemp\southc ^1.doc Scope of Services 4 02 2 Historical/Cultural Analysis The SEPA documentation for the Segale project is assumed to provide an historical /cultural analysis that will adequately addresses the project area. Therefore, this authorization does not include an historical/cultural analysis. Deliverables: None 4.02.4 Hazardous Materials Analysis The SEPA documentation for the Segale project is assumed to provide a hazardous materials analysis that will adequately addresses the project area. Therefore, this authorization does not include a hazardous materials analysis. Deliverables: None 4.03 SEPA CHECKLIST The Consultant will provide the appropriate level of documentation to support a SEPA Determination of Non significance. This documentation will also serve as the NEPA Documented Categorical Exclusion (DCE). As specified by WSDOT and concurred by the Ecology, WSDOT's existing DCE documentation form (Environmental Classification Summary [ECS]) also serves as the SEPA checklist, provided that Section A (Background) of the SEPA checklist is also included with the ECS form. Therefore, the consultant will prepare a WSDOT ECS with Section A (Background) from the SEPA checklist to serve as both the SEPA and NEPA documentation. The documentation from other tasks in this scope of work and from the Segale property SEPA analysis will be used, as appropriate, to support the findings and conclusions of the ECS checklist. Following review by the lead agency, the ECS and Section A of the SEPA checklist will be revised as necessary for signature. Deliverables: One draft WSDOT ECS with SEPA Section A (Background) and supporting material for review by Client One final WSDOT ECS with SEPA Section A (Background) and supporting material 4.04 PERMITS The Consultant shall prepare and submit permit applications and all required support documentation including exhibits, reports and calculations. The submittal of a Joint Aquatic Resources Application (JARPA) form is typically required to initiate most environmental permits. The following environmental permits are often required for road projects. However, given the location of the project and lack of design information, a Shoreline permit, Hydraulic Project Approval (HPA), 404 Permit, and 401 Water Quality Certification are assumed to not be required for this project. The status of permit requirements will be reassessed once the appropriate level of information is obtained. Should the project require any of these permits, acquisition of these permits can be performed as an extra service. c :\temp■southc -I.doc DAVID EVANS AND ASSOCIATES, INC. 7 Scope of Services 4.04.1 Shoreline Permit A shoreline permit is assumed to not be necessary for this project. The Consultant will provide coordination with agency personnel to verify this assumption. Should the project require a shorelines permit, this task can be performed as an extra service. Deliverables: None 4.04.2 Hydraulic Project Approval The Consultant shall prepare an HPA permit application for this project. The Consultant will provide coordination with Corps of Engineers and Washington State Department of Fish and Wildlife to verify the need for the HPA and submittal requirements. It is assumed there will be one site visit by the Consultant to meet with agency staff. Deliverables: HPA Permit Application 4.04.3 404 Nationwide Permit and 401 Water Quality Certification A Section 404 Nationwide permit and 401 Water Quality Certification are assumed to not be required for this project. Therefore, acquisition of these permits and approvals are not included in this scope of work. The Consultant will provide coordination with agency personnel to verify this assumption. Should the project require impacts to wetlands under COE jurisdiction, this task can be performed as an extra service. Deliverables: None 4.04.4 NPDES Permit The Consultant will prepare the required temporary erosion control and sedimentation plan. This includes plan sheets and the associated notes and text. This task assumes that the project will result in greater than 5 acres of disturbed ground. Deliverables: Completed NPDES permit application Temporary erosion control and sedimentation plan Plan sheets and associated notes and text necessary to support the application DAVID EVANS AND ASSOCIATES, INC. 8 e:Uemp\mutho-i.doo Scope of Services SECTION 5.00 DESIGN The Consultant shall design and prepare roadway plan/profiles, drainage plans, channelization plans, illumination plans, signing plans, traffic signal plans, and erosion control plans for ad- ready PS &E as discussed in this section for Southcenter Parkway from South 180 Street to the South City Limits. 5.01 REVIEW EXISTING DATA AND ESTABLISH DESIGN STANDARDS The Consultant shall review the following documents for relevant geometric design criteria and establish applicable design standards for the project. Southcenter Parkway Extension Design Report; City of Tukwila Engineering Design and Development Standards; AASHTO Policy on Geometric Design of highways and Streets (1994); WSDOT Design Manual; WSDOT Local Agency Guidelines, and Manual of Uniform Traffic Control Devices. Particular emphasis shall be placed on identifying those elements that may be subject to interpretation, engineering judgment or modification due to adverse field conditions. All elements shall be reviewed with City staff prior to the start of detailed design. The Consultant shall prepare all drawings using AutoCAD R2000 in conformance with City standards. Project schedules shall be prepared using Microsoft Project, spreadsheets in Microsoft Excel and text documents in Microsoft Word. 5.02 PROJECT SITE VISITS (8 TOTAL) The Consultant shall conduct one site visit with City maintenance, design, construction, drainage, landscape and environmental staff to review and discuss design considerations. Where appropriate, elements identified by these site visits will be incorporated into design. The Consultant shall conduct two additional site visits with City staff to resolve design questions and issues and five site visits to resolve design issues. DAVID EVANS AND ASSOCIATES, INC. 9 c:temp\soulhe -I.doc Scope of Services 5.03 ALIGNMENT ANALYSIS TECHNICAL MEMO The City shall provide the Consultant with a proposed alignment for Southcenter Parkway. The Consultant shall review the proposed alignment to ensure it meets AASHTO standards, TIB and Federal Funding requirements. The Consultant shall have a design engineer spend 20 hours of time and a project manager spend 12 hours of time conducting an alternatives analysis on the proposed alignment to determine if minor changes to the alignment would be beneficial. The Consultant shall prepare a technical memo and preliminary plan/profile sheets of the alignment for review by the City and participate in a review coordination meeting to respond to City staff questions and comments. Review comments will be responded to and incorporated as applicable into the design. 5.04 PRELIMINARY DESIGN (30% COMPLETION) The Consultant shall then submit a 30% design for review by the City and to be used in the Value Engineering Study. The submittal shall include the following elements, as a minimum, prepared by the Consultant: Typical roadway sections (3 sheets); Roadway plan/profiles (8 sheets); Channelization plans (4 sheets), and Construction Cost Estimate 5.05 VALUE ENGINEERING STUDY The Consultant shall recommend a Certified Value Specialist to serve as facilitator for the VE Team and be responsible for compilation of the findings, recommendations, and production of the report for final review. The Certified Value Specialist will contract directly with the City and costs for the CVS, the VE Team and their work are not included in this scope of work. The Certified Value Specialist shall be responsible for assembling the VE Team. The City and TIB shall have input on the selection of the VE Team members. The City will be responsible for providing a facility for the VE Team to conduct the study. The Consultant shall prepare and furnish exhibits and design information for the project, and participate in two presentations and one briefing meeting in support of the VE study. The Consultant will not be members of the VE Team, but will be available as needed to provide information throughout the VE study process. The Consultant shall review and respond to the VE Team recommendations in written format. For budget purposes it is assumed 60 hours of engineering time will be spent responding to recommendations. Additional work required to evaluate VE Team recommendations will be considered an extra service and is not included in the scope of this contract. cAtemn\soume —l.doo DAVID EVANS AND ASSOCIATES, INC. 10 Scope of Services 5.06 INTERMEDIATE DESIGN (60% COMPLETION) The Consultant shall develop the design to a 60% completion level, and participate in a review coordination meeting to respond to City staff questions and comments. The City will provide one consolidated set of review comments. Review comments will be responded to and incorporated as applicable into the design. The 60% design will include the following elements, as a minimum, prepared by the Consultant: Cover sheet including a vicinity map (1 sheet); Typical roadway sections (2 sheets); Roadway plans and profiles (8 sheets) Miscellaneous details (2 sheets); Drainage conveyance and runoff quality/quantity control facilities plans, profiles and details (4 sheets); Channelization and signing plans (4 sheets); Signalization plans (3 sheets); Illumination plans (4 sheets); Temporary erosion control plans (8 sheets); Landscape details (1 sheet); Construction Cost Estimate; and Specifications 5.07 FINAL DESIGN (90% COMPLETION) The Consultant shall prepare a complete design for review by the City and participate in a review coordination meeting to respond to City staff questions and comments. The City will provide one consolidated set of review comments. Review comments will be responded to and incorporated as applicable into the design. The 90% design shall include the following elements, as a minimum, prepared by the Consultant: Cover sheet including a vicinity map (1 sheets); Typical roadway sections (2 sheets); Roadway plans and profiles (8 sheets); Miscellaneous details (2 sheets); Drainage conveyance and runoff quality/quantity control facilities plans, profiles and details (4 sheets); Retaining wall profiles and typical wall details (4 sheets); Channelization and signing plans (4 sheets); Signalization plans (3 sheets); Illumination plans (4 sheets); Temporary erosion control plans (4 sheets); Landscape plans and details (1 sheet); Construction Cost Estimate; and Special provisions. The Consultant shall calculate quantities and prepare a detailed construction cost estimate. c:Vempkowho -1400 DAVID EVANS AND ASSOCIATES, INC. 1 Scope of Services 5.08 PREPARE FINAL CONTRACT DOCUMENTS (100% COMPLETION) The Consultant shall prepare final contract documents in accordance with City's review comments from the final design coordination meeting and in accordance with regulatory agency permit conditions. The following work shall be completed as part of the final contract document preparation: Plan modifications and/or revisions in response to City review comments from the final design coordination meeting; Final design of project elements; Special provisions and listing of City standard specifications, with fill -ins, to be incorporated in the construction contract documents, and Prepare a final (100% Completion) list of bid items, quantities, and a construction cost estimate for a set of signed and reproducible construction contract documents. The Consultant shall assemble all plan sheets, general and special provisions, cost estimate, and associated documentation for submittal as an Ad Ready PS &E package. The Consultant shall prepare the advertisement for bid and reproduce the construction documents. The City will distribute plans and specifications to prospective bidders. The Consultant shall prepare any addenda necessary during bidding, attend the bid opening, prepare a bid tabulation, check contractor references, and preparing an award recommendation letter. The Consultant shall attend the pre construction conference with the successful bidder. DAVID EVANS AND ASSOCIATES, INC. 12 cUemp\somhe —Ldoc Scope of Services PROJECT UNDERSTANDING KEY ASSUMPTIONS SECTION 6.00 GEOTECHNICAL REPORT The improved roadway will be elevated above the FEMA flood plane level and will include signalization, channelization and construction of curbs and sidewalks. The existing roadway has experienced some settlement at the bridge abutments located just south of South 180 Street and a section of the roadway near Segale's Yard has also settled and is experiencing a bearing capacity failure as related to the presence of soft and compressible soils beneath the roadway. Hence, the objective of the geotechnical study will be to use the existing subsurface information for the alignment to the extent possible, but we will drill new borings along the alignment in the areas of observed distress to better define the subsurface conditions and provide recommendations for the roadway improvements. Our assumptions for this phase of work include: Right -of -entry and permits, if necessary, to be provided by David Evans and Associates, Inc. In particular, this includes right of entry to private lands adjacent to the existing road Drill crew subcontracted to PanGEO. Borings will be by low ground pressure track mounted drill equipment on sites adjacent to but off the road alignment. Cone penetrometer probes will be advanced with truck- mounted equipment at selected locations, on the road shoulder or on ground next to the road shoulder. Mobilization and drilling can be accomplished during normal daylight work hours. Minimal traffic control will be required for the cone penetrometer (cones and barriers), and no traffic control will be required for the borings. Loading and unloading of the track mounted drill will take place at sites off the road alignment. The project will be developed using English units of measure Attendance at not more than one project meeting is assumed This scope of work does not include evaluation of chemical properties of soil and groundwater, or the potential presence of hazardous materials on site. This work will be provided by the City /private developer. This proposal does not include assessment of the presence or absence of wetlands at the project site. c:kemp\soulho-l.doc DAVID EVANS AND ASSOCIATES, INC. 13 Scope of Services SCOPE OF GEOTECHNICAL SERVICES The proposed geotechnical engineering scope is stated below, with labor estimate by subtask and hours included in the enclosed worksheet. Assumptions regarding each item are also indicated. 6.01 SITE RECONNAISSANCE UTILITY LOCATE Prior to mobilizing drill or cone Penetrometer equipment, we will perform a site reconnaissance to identify and mark preferred borehole and cone drilling locations. Some initial exploratory hand borings may be conducted at this time. Marked boring locations will be checked for utilities using the one -call locate service. 6.02 FIELD EXPLORATIONS We anticipate using a low ground pressure track mounted drill rig to access and drill the proposed boring locations. We propose to drill a total of approximately 4 test holes to maximum depths of about 10 feet at the selected locations see Figure 1). The borings will be drilled with hollow stem augers. Standard Penetration Test samples will be obtained at 2.5 -foot intervals. If soft soils are encountered thin- walled (Shelby) tube samples will be obtained. An engineering geologist or geotechnical engineer from our firm will log the test holes. Cone penetrometer probes will be advanced to a depth of 15 feet. We anticipate conducting cone penetrometer tests at approximately 6 locations. The soil samples recovered from the test borings will be visually described and grouped based on similar characteristics. Selected samples from the identified soil groups will be submitted for laboratory index testing (e.g. moisture content, grain size analysis and fines content) and classification according to the Unified Soil Classification System. Selected undisturbed soil samples may also be tested for compressibility characteristics. Please note that our proposed scope of services does not include analyzing for the presence or absence of soil or ground water contaminants. 6.03 PREPARE FINAL BORING LOGS AND SUBSURFACE PROFILES The laboratory test results will be used in conjunction with the field soil descriptions to prepare final edited boring and cone penetrometer logs containing the factual subsurface data obtained from the subsurface exploration and lab tests. A subsurface profile will be prepared that summarizes the geologic and groundwater information from the explorations. A geologic site characterization will be prepared based on the site specific information and the geologic information for the area. 6.04 GEOTECHNICAL ENGINEERING ANALYSES We will perform analyses with respect to the proposed design and construction of the Southcenter Parkway Extension. We will then prepare specific recommendations for design and construction of the road prism. Particular attention will be paid to road design on soft and DAVID EVANS AND ASSOCIATES, INC. 14 c:UanP \southc -l.doo Scope of Services potentially compressible organic subgrade design and construction. This includes, but is not limited to, stripping requirements, road base material gradation and thickness, compaction recommendations and pavement design recommendations. Recommendations for permanent drainage and embankment sloping and retention, as appropriate, will also be presented. Foundation options will be presented for signal pole foundations. It is the intent that this scope of work will be sufficient to support plans, specifications and estimates (PS &E) for the project. Meetings We assume not more than three meeting will be needed to bring this scope of work to completion. 6.05 DRAFT GEOTECHNICAL REPORT A draft geotechnical report will be prepared and submitted for review by the David Evans and Associates, Inc. We will meet with the design team to discuss any revisions that may be necessary for the final report. 6.06 FINAL GEOTECHNICAL REPORT We will incorporate comments or revisions to the draft report and submit a final geotechnical report for the project. DAVID EVANS AND ASSOCIATES, INC. 15 c:4emp\southc —I.doc Scope of Services SECTION 7.00 HYDRAULICS The Consultant shall prepare a Drainage Report for the Southcenter Parkway Extension Project. The elements of the drainage report are listed below. 7.01 DRAINAGE REPORT The Consultant shall prepare the Drainage Report in accordance with City of Tukwila Drainage Code and the Washington State Department of Ecology Storm Water Manual. The Drainage Report shall include Project description; Off -site and on -site basin delineation, analysis and hydrologic calculations; Water quantity/water quality calculations; Conveyance calculations; Verification of existing pond sizing; Downstream analysis, and Vicinity map, off -site basin map, on -site basin map, schematic proposed facilities. Existing drainage reports for development within the corridor shall be incorporated into the Drainage Report, and not simply referenced. Three (3) copies of the draft Drainage Report shall be submitted to the City for distribution, review, and comment for each project. The City will review the Drainage Report and provide written comments within four weeks. The Consultant shall provide written response to the draft review comments and incorporate, as appropriate, the review comments. The Consultant shall provide three (3) copies of the final Drainage Report. DAVID EVANS AND ASSOCIATES, INC. 16 c:\tenP soulhc —I.doc Scope of Services SECTION 8.00 UTILITY COORDINATION The Consultant shall provide coordination and participate in meetings as required to identify existing utilities, determine and resolve utility conflicts with proposed design. 8.01 NOTIFICATION OF UTILITIES The Consultant shall notify the City and franchise utility companies and arrange to have the utility locations surface marked and request utility as- builts. The third party surveyor shall survey these locations as marked and incorporate them into the base mapping. The City and Consultant shall collaboratively develop a list of utility companies within the existing City right of -way. The Consultant shall contact the utility companies. 8.02 COORDINATION MEETINGS The Consultant shall prepare for, attend, and document up to four (4) coordination meetings with the utility companies. The Consultant shall prepare and distribute meeting notes (minutes) to all meeting participants, and the City Project Manager within five (5) working days following the meeting. The Consultant shall prepare for and attend one (1) office and one (1) field meeting with each of the affected utility companies. The Consultant will attend up to ten (6) meetings with utility companies. 8.03 UTILITY COORDINATION The Consultant shall prepare the design to avoid known utility conflicts if practical. The Consultant and the City shall identify utilities that need to be potholed. Potholing will be completed by an AirNac System. The Consultant shall meet with each affected utility company one (1) time in the office and one (1) time in the field. The City will pothole city-owned utilities if necessary. Franchise utilities will pothole their own utilities if necessary at their own expense. All utility conflicts shall be identified and potholed prior to submittal of 60% plans. The Consultant shall provide hard copies and electronic files of proposed plans to the utility companies. Plan will be provided at the 60% and 90% submittals. o1remp\souma -t.doc DAVID EVANS AND ASSOCIATES, INC. 17 Scope of Services SECTION 9.00 AGENCY COORDINATION The Consultant shall provide agency coordination and participate in meetings as required to ensure full coordination and with WSDOT and local agencies. 9.01 COORDINATION WITH WSDOT LOCAL PROGRAMS The Consultant shall participate in up to one (1) meeting with and provide coordination with WSDOT Local Programs to ensure compliance with federal funding. 9.02 COORDINATION WITH CITY OF TUKWILA UTILTIES The Consultant shall participate in up to two (2) meetings with the City of Tukwila Utilities Department to provide coordination for the horizontal and vertical alignment of the proposed sanitary sewer line proposed along the Southcenter Parkway Extension. 9.03 COORDINATION WITH CITY OF KENT/KING COUNTY The Consultant shall participate in up to two (2) meetings with the City of Kent and King County regarding potential improvements south of the City of Tukwila City limits. c:Vemp\somhe. -I.doc DAVID EVANS AND ASSOCIATES, INC. 18 Scope of Services SECTION 10.00 PRIVATE PROPERTY OWNER COORDINATION The Consultant shall provide support to the City in coordinating private property improvements adjacent to the Southcenter Parkway Extension project. 10.01 COORDINATION WITH LOCAL DEVELOPMENT The Consultant shall participate in up to four (4) meetings with local developers in the first two months of the project to coordinate potential development with the Southcenter Parkway Extension Project. Up to four people from the Consultant will attend those four meetings. Following the initial meetings, the one or two staff from the Consultant will meet six (6) times over the course of the next 10 months with the developers and City staff. The Consultant shall prepare meeting minutes and distribute them to the City within five (5) days of the meeting. 10.02 DESIGN ISSUES WITH LOCAL DEVELOPMENT The Consultant shall address and coordinate design issues that arise between the potential private development and the Southcenter Parkway Extension project. The Consultant shall review plans provided by the private developer, incorporate design requests into the City project and provide review drawings to the City and the private developer. Design requests may include left turn pocket locations, driveway access points, utility connections, and frontage improvement issues. 10.03 COUNCIL BRIEFINGS The Consultant shall prepare for and attend two council meetings to brief the council on the status of the Southcenter Parkway Extension project. Preparation of graphics for the meeting is included in this task. DAVID EVANS AND ASSOCIATES, INC. 19 c:1temp\wuthc -I.doc Scope of Services Exhibit C -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform with all applicable portions of 48 CFR 31. I. Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in ExhibitsD and E attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first 12 -month period and shall be subject to negotiation for the following 12 -month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent 12 -month periods within 90 days after completion of the previous period, the rates listed in this AGREEMENT or subsequent written authorization(s) from the AGENCY shall be utilized for the life of the AGREEMENT. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANT'S fixed hourly rates may include salary or overhead adjustments. 2. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed as the current rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 4. Maximum Amount Payable The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The maximum amount payable includes the Management Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses. To provide a means of verifying the invoiced salary costs for the consultant's employees, the agency may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the project at the time of the interview. 6. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, STATE, and the United States, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with following exception: if any litigation, claim, or audit is started before the three -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. The three -year retention period begins when the CONSULTANT receives final payment. 7. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within ninety (90) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of overpayment. Southcenter Parkway Extension Project Estimated Person hours /Costs Summary Summary Classification Hrs. x Rate Cost 1 Principal /Quality Control 36 $50.00 $1,800 2 Project Manager 608 $46.00 $27,968 3 Sr. Engineer 310 $36.00 $11,160 4 Design Engineer 985 $30.00 $29,550 5 Sr CADD Drafter 24 $28.00 $672 6 CADD Drafter 846 $22.00 $18,612 7 Sr. Traffic Engineer 32 $40.00 $1,280 8 Traffic Engineer 92 $29.00 $2,668 9 Landscape Architect 64 $35.00 $2,240 10 Right of Way Manager 0 $28.00 $0 11 Certified Appraiser 0 $26.00 $0 12 Senior Environmental Planner 48 $43.00 $2,064 13 Senior Scientist 74 $35.00 $2,590 14 Scientist 16 $29.00 $464 15 Environmental Tech 44 $26.00 $1,144 16 Survey Manager 8 $45.00 $360 17 Survey Office 30 $29.00 $870 18 Survey Crew 40 $40.00 $1,600 19 Support Clerical 156 $20.00 $3,120 Total Hrs. 3413' Direct Salary Cost $108,162 Overhead Cost Net Fee Subtotal 169.96% of Direct Labor 30.00% of Direct Labor $183,833 $32,449 $324,444 Direct Non -Salary Cost a) Reproduction, Plans 4000 Sheets $0.75 /Sheet $3,000 Reports 125 Each $45.00 /Each $5,625 b) Deliveries/ Mail 20 Each $15.00 /Each $300 c) Travel (Personal Miles) 2000 Miles $0.30 /Mile $600 d) Utility locate (APS) e) Potholing (APS) 0 holes $350.00 hole Subtotal $9,525 Hrs. DEA Subtotal $333,969 Outside Consultants Pan Geo 516,608 Design Subtotal $350,577 Updated 1/8/99 p /s /snox0001 /132ndfee.xls Printed 3/17/2004 Southcenter Parkway Extension Project Estimated Person -hours Summary QC PM 50 46 1 2 Des. Fad reign m ©MLI 30 Drftr CAD Drftr mon MEM Traff. Land. Arch. Sr.Env. Plan. 28 22 40 29 35 43 Sr. Scientist 35 28 Env. Tech. Suprt Office Crew DEA Total 26 45 29 40 20 5 6 8 9 12 13 14 15 16 17 18 19 Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 Pro'eet Administration Pro'ect mana • ement hrs hrs 2 60 ®® __! MN NM __ __ O11011111111111111111_—IIIIIIIII—_IIIIIIIIIIIIIIIIIIIIIIIIMMIIIIIIIII 100 sow Normeissminsermarrna alm __ —____ ____ 2 4 4 _ MI�____������477 14 200 MI � � —_— Ila.i Ii a VII" ,i .Ee • ; 11111111111_ __M_�� ���� EM MM. ME __ 4 � —___— Mill= �____— 40 8 IMINM NM MIMI MI MEN__24 8 I IIMEIM __NM MIMI 4 _ �fl_ ____��� 4 Mill MEM 8 ___— 12 8 NM 111111111111.__ 20 1 Ma _—_�______�_ �- Subconsultant coordination Develop and u 'date the schedule Monthl •ro •ress re •orts Month invoices 3.00 Coordination meetin•s 12 8 20 8 Quality assurance review 12 12 4 60 20 8 Base Ma • • in Establish surve 40 Perform limited to • o surve Field ve' base maps 2 4.00 4.01 4.02 4.02.1 4.02.2 4.02.3 4.02.4 4.03 4.04 4.04.1 4.04.2 4.04.3 Environmental 40 hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs 8 8 4 8 6 Total hrs NEI MEI 94 24 16 18 36 116 10 42 Review existin • information 4.04.4 Enviromental Studies: Biolo• ical Assessment Sensitive Areas Re • ort 5.00 5.01 5.02 Historical/Cultural Anal sis Hazardous Materials Anal sis SEPA Checklist Permits: Shoreline Permit 5.03 404 Nationwide /401 Water Quali Certification HPA 2 NPDES DESIGN Review existin • data / Establish desi • n standards Pro'ect site visits Ali• nment Ana sis Altematives anal sis 4 12 6 20 Prepare • Ian/. rofiles Pre • are desi • n memo 5.04 Meet with Ci 8 4 6 __ _fl 1111fl MEI mama 16 4 8 8 12 6 Prelimina Desi • n - 30 % submittal T •icalsections Prelimina •Ian /• rofiles Channelization •fans Prlimina •Ian •roduction 4 8 8 2 8 4 4 umemainta - 16 20 4 20 4 24 4 8 12 64 MIN INN 6 34 4 4 28 10 30 64 16 34 12 m `ys4A'tc 28 56 64 6 Page 1 3/17/2004 Southcenter Parkway Extension Project Estimated Person -hours Summary QC PM Des. Sr CAD AD MEI Drftr. Drftr. MEM Land. Sr.Env. Arch. Plan. 50 46 36 30 28 22 40 29 35 43 Sr. Scientist 35 28 Env. Tech. LIMMEZZIMEIZSIEMB �. •I� Office Crew DEA Total 26 45 29 40 20 1 2 5 6 7 8 9 12 13 14 15 16 17 18 19 Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total hrs En 5.05 5.06 Value En. ineerin • stud Su..ort in VE •rocess 60% Desi • n Roadwa sections Roadwa flans /•rofiles 6 hrs MCI EEO 16 8 Miscellaneous details Draina•e 'tans Channelization and si • nin • plans Si•nal •fans Illumination plans 20 2 40 hrs hrs hrs hrs hrs hrs 12 hrs hrs hrs hrs hrs hrs Total Total hrs Min MINI MINIM M1111111111r■a1■s■i�■� 11111111111111111111111111111111 rim Er Imo m© 4 16 16 8 40 8 40 4 8 16 4 16 4 2 4 8 NMI NEI —a EMS 32 24 20 8 20 20 8 20 Term, ora ESC plans 4 8 20 24 Landsca • e and im • ation plans and details Ri•ht -of -wa needs •Ians Specifications En • ineer's estimate / .uantities Prelimina plans production 5.07 90% Desi h n 2 4 4 8 16 20 32 20 8 8 16 INEEI ■IIIIIILiIIII0■111111 8 IMMO ® —® 4 Cover sheet Roadwa sections Roadwa •Ians/ Miscellaneous details Draina•e •Ians 2 Retainin• walls Drivewa • tan and • rofiles Channelization and si•nin. •Ians Si • nal desk n 4 8 8 24 2 8 4 8 32 16 32 Illumination desi • n Tem. ora erosion control • Ians 4 8 20 4 2 4 4 8 8 20 24 8 40 20 8 20 8 20 20 Landsca • e and ini• ation • Ians and details En. ineer's estimate / • uantities Specifications 4 4 Desi • n submittal • roduction 5.08 Final Contract Documents 100% Inco •orate final review comments Final roadwa plan and •rofiles Final draina • e 'tans 4 Mal NM SIM =® 2 4 4 8 8 24 20 20 8 16 66 8 6 34 112 36 76 60 54 52 56 MEI INN MCI NEN mot 40 12 8 54 28 40 56 60 3 18 68 32 64 60 14 68 52 32 52 48 32 40 50 28 20 Page 2 3/17/2004 Southcenter Parkway Extension Project Estimated Person -hours Summary QC 50 PM 46 36 Des. 30 Sr CAD CAD Drftr. 28 Drftr. 22 MEE Traff. 40 29 Land. Sr Env. Arch. 35 Plan. 43 Sr. MEE Scientist 35 28 Env. Tech. erg Office Crew 26 45 29 40 20 DEA Total 1 2 ©MCI 5 6 7 8 9 12 13 14 15 16 17 18 19 Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Final illumination desi • n Final si • nal desi hrs hrs Final channelization .tans Final retainin• wall •fans Final tem • ora erosion control • tans Final En • sneer's cost estimate / • uantities Final Final •lottin• Bid su • • o 2 2 2 2 Attend 6.00 6.01 6.02 6.03 6.04 6.05 6.06 at Geotechnical Re • ort Site recon & utili locate 2 2 8 ®® _® =® _a -'au11111111 IIIIIIMINI111111111.1 6 hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs 8 6 6 8 6 8 8 8 8 8 8 8 8 8 2 Field ex 1 Geotechnical en. ineerin• anal sis Draft Final geotechnical report 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 1 MI __�_ __� MUM D--- - 1111111•11111- 1.0111111111•111111.1.111111111011.111111111.1111®1.11111111111111111•111111 MEI JIM NMI 111111111111111111111111111111111 MIS . •.q y{,� � .. zL ��. 4x •_ _- _® __�� Min NM 8 NM 11111111111101 M.Y. .. .. . .1 = e 8 Total 20 20 18 18 18 14 22 22 11 Review existin• data and • ather maps 2 8 Pre are b 4 Pre •are h drolo • calculations Pre • are h draulic calculations/ • tans Pre. are re. ort drawin•s R 4 4 4 2 4 2 1 1 8 8 40 40 16 32 16 8.00 8.01 8.02 8.03 9.00 9.01 9.02 9.03 Coordination meetin• s =Er • 4 4 20 C•.. .ti wit WSDOTL•+:I Pr JtLI.. Coordination with Ci of Tukwila utilhes • 10.00 10.01 10.02 Private Pro • e Owner Coordination Meetin•sw/ •ro•e owners Desi• n coordination with • ro• e owners 16 40 20 4 16 40 8 IMMO =II MIMI MI sisimontarlii 4 10 16 28 8 8 Mil In MI _ 8 ME Fpopin iiiiiiiMi __— __— _-- _ - - - -_ mil 8 8 40 40 44 44 16 50 28 20 24 12 24 56 108 Page 3 3/17/2004 Southcenter Parkway Extension Project Estimated Person -hours Summary QC 50 PM 46 Des. 36 30 Sr AD CAD Drftr. 28 Drftr. 22 MEL Mal 40 29 Land. Sr.Env. Arch. 35 Plan. 43 Sr. Saentis Scientist 35 28 Env. Tech. Ems, 7ECES7EEi-7 EEMI �S Office Crew DEA 26 45 29 40 20 Total 1 2 ©� 5 6 7 8 9 12 13 14 15 16 17 18 19 Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total 10.03 Council meeti • briefin•s hrs hrs 8 MCI N- hrs hrs hrs 8 hrs hrs hrs hrs hrs hrs hrs hrs r1111111•1111111 s11111111111111■11111111111NNIII hrs Total �� 20 hrs sem Page 4 3/17/2004 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Pan Geo will he perfonningg investi ations as required Transportation Committee February 23, 2004 Present: Joan Hernandez, Chair; Joe Duffie, Pam Carter Bob Giberson, Robin Tischmak, Cyndy Knightori, Steve Lancaster, Gail Labanara, Frank lriarte, Jon Harrison, Lucy Lauterbach; Jack Latteman- Metro; Sue Carlson 1. Metro Draft Route Changes Jack Latteman from Metro explained that Metro is investigating the possibility of changing two routes that go through Tukwila. This is being done in response to requests from employees in Tukwila who want to take the bus without going to downtown Seattle first. The portion of Route 39 that brought riders to Tukwila from Rainier Beach midday had very low ridership, and will be dropped and replaced by Route 126 that would (during peak hours) go the local route from Rainier Beach to East Marginal Way, 42 Ave. .S and eventually Strander Blvd and the Sounder Station. There could be a new shelter at S. 144 /42n Over time, bus service to the Sounder Station will increase as ridership and trips per day on rail increase. Pam said it would.be good to notify nearby citizens of the new service. The Hazelnut could be useful there, as the service is slated to change in September. Jack said any formal comments the City had could be given to him in March, though the formal comment period is over. Information. 2. ACC Interlocal Agreement The ACC Technical Committee of City Managers, Administrators and others has worked on crafting a new Interlocal, which the Executive Committee of ACC approved. Some of the changes in the new interlocal are that it increases avenues of communication; adds more non elected city manager or chief administrative officers to the Executive Committee (though each city still only has one vote); and replaces the Technical Committee with an Administrative Committee that will provide recommendations to the Executive Committee. Language was added to require ACC to develop a mitigation proposal that would meet the needs of the parties and encourages meeting with the Port to seek to minimize impact upon the ACC communities. Pam approved the increased channels of information. The Committee recommended some editing improvements, and recommended the Agreement to that evening's meeting. Recommend Agreement to 2/23 COW. 3. Southcenter Parkway Extension Robin explained they had some federal and TIB funding for designing Southcenter Parkway south of S. 180` They asked for proposals and received 16 proposals. They rated the nine best of those, and chose David Evans and Associates highest. Sue Carlson said she wanted to be in on the contract negotiations for him. Segale proposes to move the road south of S. 180 toward the hillside, thereby saving more land for development. The design proposal is from S. 180 to the City limits and Segale will work on eventually extending that to S. 200 According to Sue, Segale will donate the ROW to the City for the road improvements. Negotiate contract; bring selection and contract to both Transportation and COW March 8 4. King County Trans Valley ITS Interlocal The County is putting in Intelligent Transportation System (ITS) components on S. 180 eastward to Renton. Though Tukwila does not contribute money to this project, we will install some previously planned fiber optic cable, and extend it into Renton. The Green River Interconnect project will put in fiber optic cable between Southcenter Parkway and Oaksdale, on S. Carr between 106 -SR 515 and on 515 between Carr and Benson Highway. The County will buy new controllers that will fit with our own system which we can use. Recommend Interlocal to COW and Regular Meeting. I CAS Number: 04-043 Agenda Item Title: Meeting Date 3/22/04 I Original Sponsor: I Timeline: Sponsor's Summary: L-t O Lk 3 Council p:\Cyndy\CAS Compression Brakes 3 -22-04 COUNCIL AGENDA SYNOPSIS Meeting Date 3/22/04 Initials Prepared by 1 Mayor's review 1 Council review CK %I A 4 (1' 04 H E mr o MOM Original Agenda Date: March 22, 2004 Ordinance Restricting the Use of Compression Brakes within the City Limits. Admin. Action Public Works Recommendations: Sponsor: Recommend adoption of Ordinance to restrict usage of compression brakes. Committee: Forward to COW and then Regular Council. Administration: Same as sponsor. Cost Impact (if known): None Fund Source (if known): N/A ITEM Na There is currently no City ordinance restricting the use of compression brakes within the City limits. There have been numerous complaints of semi tractors using compression brakes both late at night and in the very early moming. There is no applicable RCW; however, the City can pass an ordinance restricting their use within City limits. DICE Meeting Date 1 Attachments 3/22/04 Information Memo dated March 16, 2004 Asst. City Att'y memo dated 3 04 Ordinance t z 5 o p.) Transportation Cbmmittee Meeting Minutes from February 23, 2004 To: Mayor Mullet From: Public Works Director Date: March 16, 2004 Subject: Comnression Brake Ordinance INFORMATION MEMO ISSUE Proposed ordinance restricting the use of compression brakes within the City limits. BACKGROUND There is currently no City ordinance restricting the use of compression brakes within the City limits. Over the past few months, the Police Department traffic unit has received several complaints from residents living in the area of S 124 St and 50"' P1 S, near the BNSF rail yard. The specific complaints deal with the use of compression brakes both late at night and in the very early morning hours (10 pm 5 am) by semi tractors with trailers entering and exiting the yard. ANALYSIS There is no current City ordinance restricting the use of compression brakes. There is also no applicable RCW regarding the use of compression brakes; however, a City may pass an ordinance restricting their use. Sergeant Jon Harrison of the Police Department Traffic Unit presented this issue during the Transportation Committee meeting of February 23, 2004. At the direction of the Transportation Committee, staff researched several other jurisdictions' ordinance language for exemptions for emergency vehicles. The Cities of Burien, Kent, and Issaquah have clauses exempting emergency vehicles or the use of compression brakes during emergency situations. The City of Bainbridge Island does not provide any exemptions. Excerpts of those four city's codes are attached. Also at the direction of the Transportation Committee, some `legalese' language in the original proposed ordinance section 9.30.010 was studied for alternate language in plain English. The attached proposed ordinance includes the modified language as well as the exemption for emergency vehicle use of compression brakes. RECOMMENDATION Approve the attached ordinance prohibiting the use of compression brakes within the City limits. attachments (P:Cyndy\NFORMATION MEMO Compression Brakes 2- 23.06) TO: Sgt. Harrison FROM: Joe Schultz, Assistant City Attorney DATE: March 9, 2004 RE: Compression Brake Information BURIEN• Chapter 10.45 ENGINE COMPRESSION BRAKES Sections: 10.45.010 Definitions. 10.45.020 Prohibition Exception. 10.45.030 Violation Penalty. KENT: 9.36.060 Compression brakes restrictions. CITY OF TUKWILA MEMORANDUM The City's proposed compression brake ordinance came before the committee on Monday, February 23, 2004. Two committee concerns were identified. In response, our office has amended the proposed ordinance to reduce the "legalese" in section 9.30.010. In addition, language exempting emergency vehicles, which would include the City's fire trucks, was inserted. The penalty provisions were also brought into conformance with other sections of the municipal code. Finally, at the request of the committee, we have conducted a search for the compression brake ordinances of nearby jurisdictions. The ordinances of the cities of Burien, Kent, Issaquah, and Bainbridge Island are provided below to provide a reference for the committee: 10.45.010 Definitions. For purposes of this chapter: "Engine compression brake" means a motor vehicle brake which is activated or worked by the compression of the engine of a motor vehicle. 10.45.020 Prohibition Exception. Engine compression brakes shall not be used at any time on city streets by trucks or truck tractors except public safety emergency vehicles, or unless the noise created by their use is effectively muffled. 10.45.030 Violation Penalty. Violation of BMC 10.45.020 is a misdemeanor, and will be punished by a fine of not less than $100.00 nor more than $1,000 per violation. A. Compression brakes prohibited. No person shall use motor vehicle brakes within the city limits that are in any way activated or operated by the compression of the engine of that motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that the compression brakes where applied in an emergency and were necessary for the protection of persons and/or property. B. Violation; penalty. Any person violating these compression brake provisions shall have committed a traffic infraction and a penalty of one hundred dollars ($100) shall be imposed. C. Signposting. The director of public works is authorized and directed to post appropriate signs consistent with these provisions. ISSAOUAH: 10.44.030 Compression brakes prohibited. No person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that said compression brakes were applied in an emergency and were necessary for the protection of persons and/or property. BAINBRIDGE ISLAND: Chapter 10.28 COMPRESSION BRAKES Sections: 10.28.010 Prohibited. 10.28.020 Signposting. 10.28.030 Violation Penalty. 10.28.010 Prohibited. No person shall use motor vehicle brakes within the city limits of the city of Bainbridge Island which are in any way activated or operated by the compression of the engine of the motor vehicle or any unit or part thereof unless the brakes are muffled. 10.28.020 Signposting. The public works department is authorized and directed to post appropriate signage consistent with the provisions of this chapter. 10.28.030 Violation Penalty. Any person violating the provisions of this chapter shall have committed a traffic infraction and a maximum penalty of $250.00 shall be imposed. We believe that the ordinance as drafted contains all necessary elements to effectively regulate the use of compression brakes within Tukwila's city limits. Please let us know if we can be of further assistance on this issue. -2- J ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Brakes 3 /18/04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PROHIBITING THE USE OF COMPRESSION BRAKES EXCEPT DURING AN EMERGENCY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the excessive noise generated by the unnecessary application of compression brakes within the City limits diminishes the quality of life of the City's citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. New Compression Brakes Chapter. A new Tukwila Municipal Code Chapter 9.30, entitled "Compression Brakes," is hereby created to read as follows: 9.30.010 Compression Brakes Prohibited. A. No person shall use motor vehicle brakes, which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. B. The use of compression brakes applied in an emergency stopping situation, necessary for the protection of persons and /or property, shall not be deemed a violation of this chapter. C. Emergency vehicles are not subject to the regulations of this chapt 9.30.020 Signposting. The Public Works Department is authorized to post and maintain appropriate signage consistent with the provisions of this chapter. 9.30.030 Violation Penalty. Violations of TMC Chapter 9.30 are civil infractions punishable by a penalty of not more than $300.00. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Transportation Committee (February 23, 2004) Page 2 5. Comnression Brake Ordinance Officer Jon Harrison, TPD, said he has received numerous complaints from residents about the noise from "fake brakes" near the BNSF yard. A draft ordinance prohibiting the use of compression brakes was discussed. Some language was proposed to make it easier to lay people to understand. When the Committee heard the Fire Department uses compression brakes on the hills in Tukwila, they wanted to exclude emergency vehicles from the ordinance. Recommend amended ordinance to COW. 6. Street Utility Tax In the early 1990s street utility taxes were allowed by the State Legislature to allow cities to generate revenues forstreet maintenance and improvement. However, in 1995 the State Supreme Court struck down Seattle's law by saying it wasn't levied with the benefits being tied to the tax. In the 2003 Legislative Session a bill was introduced that would have allowed cities to authorize the fonnation of street utility service areas for maintaining city streets through user fees charged to residential and business users. The bill didn't pass the House; however it may be reintroduced again in the 2004 Legislative Session. Staff included a chart of how other cities fund their transportation. Information. 7. Fourth Ouarter Reports In Jim Morrow's absence, Frank Iriarte answered the Committee's questions on the 4`" Quarter reports. Information. c Committee chair approval CAS Number: 04-044 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 1 3/22/04 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor's review 1 Council review 1 3/22/04 ARD I )...&t I al /%K H 1 I I I %%XV f: 7J 4:i G%,B': Original Agenda Date: 3/22/04 Utility Taxes and Surcharge Rebates Council Admin. X Approve at April 5, 2004 Regular Meeting As required by Ordinance No. 1998 a Utility Tax Rebate process must be approved by City Council Approve as submitted Reviewed by Finance Safety on March 15, 2004. Approve as submitted Estimated $2,000 General Fund Revenue Reduction i. °e I'*' -fl *,r Or 44',V% >.Ili Action Meeting Date 3/22/04 Staff Report dated March 18, 2004 Proposed Resolution and Attachments Finance Safety Committee minutes from March 15, 2004 meeting. ITEMNO. '4 A. IIiAo Attachments To: Tukwila City Council From: Man R. Doerschel Q Date: March 18, 2004 Subject: Utility Tax and City Light Surcharge Rebate Ordinance No. 1998 adopted on November 18, 2002 provided for collecting a Utility Tax on electric and other utilities and Ordinance No. 2012 adopted January 21, 2003 added a surcharge to Seattle City Light bills as a franchise fee paid to City of Tukwila. They are both effective in 2003. Section 15 of Ordinance No. 1998 requires the Finance Director to develop a Utility Tax Relief Program for the City's senior and disabled low- income residents. Attached for your review is a proposed resolution. The Finance Safety Committee was briefed at their March 15 meeting. It is the intention to use the April addition of the Hazelnut to make the citizens aware of the rebate opportunity as well as the process for eligibility. CITY OF TUKWILA, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A UTILITY TAX RELIEF PROGRAM FOR SENIOR AND DISABLED LOW INCOME RESIDENTS. WHEREAS, the Tukwila City Council adopted Ordinance No. 1998, establishing a utility tax to provide revenue for city services and capital requirements. WHEREAS, section 15 of such utility tax ordinance provides that a utility tax relief program will be developed for the City's senior and disabled low- income residents. WHEREAS, Puget Sound Energy has agreed to help implement the utility tax relief program for senior and disabled low- income Tukwila residents that are Puget Sound Energy electric and gas customers. WHEREAS, Seattle City Light has agreed to assist with providing similar relief from utility franchise increases implemented per Ordinance No. 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Utility Tax Relief Prooram Established. A utility tax relief program is established for senior and disabled low- income Tukwila residents in accordance with the eligibility criteria and guidelines described in the following sections of this resolution. Section 2. Utility Tax Relief for Electricity and Gas Services. For electricity and gas services provided by Puget Sound Energy, eligible senior and /or disabled low- income Tukwila residents may apply annually before June 30 of the current year for the following year utility tax relief. Section 3. Seattle City Light Enerov Franchise Relief. For the residential electrical energy surcharge imposed by the franchise agreement, eligible senior and /or disabled low- income City of Tukwila residents may apply before June 30 of the current year for the previous year utility tax relief. Section 4. Criteria for Elioibilitv /Qualification. To qualify for utility tax relief from electric and gas services provided by Puget Sound Energy or Seattle City Light, an individual must: A. Be a senior (age 62) and /or disabled low- income resident residing within the City of Tukwila at all times during any period for which a reimbursement is requested, and have paid the City electric and /or natural gas utility tax charges from the income or resources of the household. B. Have a current residential account with Puget Sound Energy or Seattle City Light for electric and /or natural gas services. C. The income criteria for each year will be determined annually by the Finance Director and Will be based on one of the standard methodologies available. D. Each request for relief must be accompanied by a copy of the applicant's prior year tax return and the appropriate utility customer account number including customer name and service address. Also, completion of a signed application form as approved by the City requesting utility tax relief for senior and /or disabled low- income Tukwila residents is required. Section 5. Reimbursements. A. Reimbursements will be processed by the City to the eligible senior and /or disabled low Income Tukwila resident(s) as soon as practical subsequent to the City's application process and to customer account verification of utility taxes paid from Puget Sound Energy and /or Seattle City Light for the rebate year. B. The City's Finance Director shall adopt rules and procedures for the administration of the utility tax relief program within the general guidelines. Section 6. Severabilitv. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its application to other residents or circumstances. Section 7. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney i 1 r', 1 (i ti p ilk L" Lr i, Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Utility Tax Relief Program Page 2 Resolution No. Jim Haggerton, Council President Customer Name: Address: City /State: Telephone Number: Date Application Received: City Residence Verified: Low Income Level Verified: Verified By: City of Tukwila, Washington 2003 Utility Relief Program Application For Senior (at least 62 years) and Disabled Low Income Residents (Application is due before June 30th) Have you ever applied for the City of Tukwila Tax Relief program before? Yes No Have you lived in the City of Tukwila since January of this year? Yes No If no, how many months have you lived in Tukwila? Verification of Income Level Income may be verified as according to the following methods: A. Federal Tax Return (a copy afyour most recent return must be attached to this application as proof for verification) Please indicate your total annual household income: B. If you do not prepare a federal tax return, complete the following and attach copies of statements as proof for verification 0 1100% Social Security which includes Part B Medicare is lPensions, Annuities, Railroad Retirement, State/Federal Civil Svc 1$ Interest Dividends Is Wages 1$ 1Business/Rental Income Before Depreciation 1$ All Other Income (including capital gains) 1$ Total Combined Incomel$ Utility Relief Requested For —i Electricity: Is your electricity provided by Seattle City Light? Year Electricity: Is your electricity provided by Puget Sound Energy (PSE)? 2003 Gas: Is your gas provided by Puget Sound Energy (PSE)? Relief Please list your customer Account Number: Tukwila Senior and/or Disabled Low Income Resident Certification 1, the undersigned, do hereby certify under penalty of perjury, that I have read and understood all of the program guidelines provided on this application, and that all of the information provided by me on this application is true to the best of my knowledge. I understand that any attempt to falsify my information will result in my disqualification from the program for this year. I further certify that my income status remains the same as presented on my documentation. Applicant Signature Date Yes No Yes No For Department Use Only Application Approved: Yes No Please mail this application to: Tukwila City Hall Dept. of Finance, Attn: Lily Jue 6200 Southcenter Blvd. Tukwila, WA 98188 206 433 -7190 Apt. No.: Zip Code: City Verification Yes Yes Yes No No No Iej 3/18/04 Committee Chair approval Finance and Safety Committee March 15, 2004 Present: Dave Fenton, Chair; Joan Hernandez, Dennis Robertson Alan Doerschel, Lucy Lauterbach 1. Council Travel Policy A new draft travel policy was in the packet, and the Committee members suggested several changes to improve it. The policy still sets up a system of allocating each Council member some portion of the travel budget, and it will be up to each member to allocate their money to specific trips. Joan asked about trips that come up after the first of the year after everyone has planned trips already. The policy says in that case the whole Council has to decide if the trip is important enough to increase the travel budget. Sister City travel is another issue that will need to be accounted for in budgeting. The policy now says it must come out of each member's share, but that could mean no one goes if they all have planned for other national travel that year. The three members all supported the new draft with its improved language. The 2003 travel budget will be close to being over spent this year. Reschedule. 2. Rainy Dav and Contingency Funds The City has "contingency" funds in two places in the budget. One is on Page 134 of the budget in the General Fund, and is named the Rainy Day fund. That amount is currently $1,100,000. On page 143 of the budget is a 105 Fund Contingency budget Neither of the two budgets is counted in the 6 year Financial Plan. The Contingency Fund grows very slowly, with its interest added to it each year. The rainy day fund is contained in the larger ending fund balance. Alan said Rainy D'ay had been established ten years ago, and its name is not very accurate. Because it is in the General Fund, it is much easier to get at than the Contingency Fund, which has some restrictions on its spending. Alan said the ending fund balance used to be much larger, but now we are using it to pay for the city's spending each year, and it is decreasing at such a rate as to be at zero by 2007. The City's ending fund balance now is getting low enough that we use more than half of it each year to fund the first few months of the year before any new revenues come in. Alan needs $4 -5 million each year for paying the first bills of the new year. When cities don't have enough funds to cover those expenses they do tax increment financing to tide them over. Some smaller cities like Normandy Park already have to do this; we'll need to do it in two or three years. Alan said increasing the Rainy Day fund by paying it interest each year would take money from the ending fund balance so the 6 year Financial Plan could run out of money earlier than 2007. The Committee was concemed about these figures. They agreed to study Attachment A of the 6 year Financial Plan at their next meeting. Reschedule. 3. Proiect Prioritization Dennis had talked to Terry Moore who has led groups through processes such as the Council will go through in prioritizing large projects for the next few years. Alan said it will be hard to get numbers for projects like the TVS, and the Committee knew some projects would have hard numbers and others very soft estimates. Still, they are looking fora rough guide that will enable them to judge all the projects together. Dennis was convinced spending some money to hire Terry Moors would benefit the Council and be money well spent in the long term. Schedule Moore at Committee. 4. Utility Tax Rebates Alan reported he will be drafting an ordinance to give low income people and seniors a rebate on their utility taxes. He will advertise it in the next Hazelnut, and figure out how much everyone as paid who needs a rebate. Information.