HomeMy WebLinkAboutCOW 2004-04-26 COMPLETE AGENDA PACKETTukwila City CoUncil Agenda
-' .:- COMMITTEE'OF THE WHOLE
~ Rhonda Berry, City Administrator · Dave Fenton · Joan Hernandez
Jim Haggerton, Council President · Pamela Linder · Dennis Robertson
EXECUTIVE SESSION - 6:30 PM
Potential Litigation, Pursuant to RCW 42.30.110(1)(0
Monday, April 26, 2004; 7 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. CITIZEN At this time, you are invited to comment on items not induded 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.
'3. SPECIAL a. A memorandum of understanding forming the Puget Sound Law
ISSUES Enforcement Information Exchange (LinX).
b. An interlocal agreement between the City of Tukwila and the Tukwila
School District.
c. A bid award 7 2004 Annual Overlay & Repair Program.
d. A consultant's supplement - 2004 Annual Overlay Construction Services -
KPG, Inc.
e. Accept Public Works trust fund loan - $4,196,056.00, for the construction of
Cascade View Neighborhood Drainage Project.
f. Accept Public Works trust fund loan - $5,700,000.00, for the construcffon.of
Allentown/Foster Point Water & Sewer Project.
g. A resolution renaming a portion of Fort Dent Way to Starfire Way.
h. Interlocal agreements with King County and Washington State
Department of Ecology, funding and implementing Tukwila's recycling
and waste reduction assistance efforts.
4. REPORTS a. Mayor c. Staff e. Intergovernmental
b. 'City Coundl d. City Attorney
5. MISCELLANEOUS
6. EXECUTIVE SESSION
7. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office 206-433-1800FFDD 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.
COUNCIL AGENDA SYNOPSIS
................. Initials ............... ITEM No.
Meeting Date - Prepared by Mayor's review Couflcil review
4/26/04 K. Haines ..q~,~,. ~7/
CAS Number: 04-056 [ Original Agenda Date: April 26, 2004
Agenda Item Title: Memorandum of Understanding forming the Puget Sound Law Enfomement
Information Exchange (LinX)
Original Sponsor: Council Admin. X (Police)
Timeline: Seeking approval prior to the May 6, 2004 start-up for LinX
Sponsor's Summary: Request the Council's authorization for the Mayor to sign the Memorandum of
Understanding forming the Puget Sound Law Enforcement Information
Exchange (LinX). Thirteen law enforcement agencies in King, Snohomish, and
Kitsap Counties have come together to share automated crime information to
deter and prevent crime and possible acts of terrorism in our region.
Recommendations:
Sponsor: Approval the Memorandum of Understanding
Committee: Finance and Safety (Recommended approval with a full review in one year)
Administration: Same as sponsor.
Cost Impact (if None, other than staff time
known):
Fund Source (if known) Funding from the Navy
04-26-04 COW meeting;
Meeting Date Attachments
04-26-04 Memorandum to Mayor's Office dated March 30; 2004
Memorandum of Understanding
Minutes - Finance & Safety Committee - April 5, 2004 - (Page 2 of 3)
City of Tukwila : Steven M. Mullet, Mayor
Police Department Keith E. Haines, Chief of Police
An Accredited Agency
MEMORANDUM
TO: The Mayor's Office and
The Finance and S afe~/.~ttee
FROM: Chief Keith Haines
DATE: March 30, 2004
SUBJECT: Memorandum of Understanding forming the Puget Sound Law
Enforcement Information Exchange (LinX)
I am writing to request that you review and approve the attached Memorandum of
Understanding that creates the Puget Sound Law Enforcement Information Exchange
(LinX). Our Finance and Safety Committee first reviewed this Memorandum of
Understanding several weeks ago. Some changes were suggested at that meeting. I took
those suggestions to the next LinX Board of Governors Meeting and found that the
following agencies have already signed the MOU as written: City of Everett, City of
Poulsbo, City of Bremerton, Kitsap County, Port of Seattle, Naval Criminal Investigative
Service, and the Washington State Patrol. These agencies do not want to accept
additional changes and go through the approval process again. I believe that our region
needs LinX and that the MOU as it is written is a good starting point.
BACKGROUND
Since September 2001 your police department has been working to spearhead the
development of automated information sharing among law enforcement in our region.
We developed the RAIN system (Regional Automated Information Network) with
Microsoft as a partner. RAIN now connects Tukwila P.D. to Bellevue P.D. and the King
County Sheriff's Office. Working with the N.C.I.S. (Naval Criminal Investigative
Service) we now are forming a larger network {Puget Sound LinX) that will connect
RAIN in King County to Snohomish County and Kitsap County. I currently serve as the
Co-Chair of'this initiative along with Special Agent In Charge Scott Jacobs of N.C.I.S.
6200 Southcenter Blvd., Tttkwila, WA 98188 * Phone: 206.433-1808 · Admin. Fax: 206-244-6181; Invest. Fax: 206-431.3688
OBJECTIVE AND ACTIVITIES
The partner agencies forming the Puget Sound LInX have come together to share
criminal justice and investigative information to deter criminal and terrorist related
activities in our region. This system will provide immediate access to information that
will have a major impact on public and officer safety. We will be sharing automated
crime records currently held by each agency. The system will also include analysis
software that will allow us to identify crime trends across jurisdictions and will be an
important tool to identify and solve crime series.
MEMBERSHIP
The parties recognize that the success of this project requires close cooperation on the
part of all parties. To this end, the LInX project will be operated under a shared
management concept in which the parties will be involved in formulating operating
policies and procedures. Initial mernber agencies of the Puget Sound LInXinclude:
A. Naval Criminal Investigative Service
B. Bainbridge Island Police Department :'. ,,
C. Bremerton Police Department · >'
D. Everett Police Department
E. Kitsap County Sheriff's Department
F; Port Orchard Police Department
. G, Port of Seattle Police Department :
H. Poulsbo Police Department
I. Seattle Police Department
J. Snohomish County Sheriff's Department
K. Tukwila Police Department
L. Washington State Patrol
M. Washington Jail Booking and Records System (JBRS) - Washington
Association of Sheriffs and Police Chiefs (WASPC)
I plan to be present when this item is scheduled.for a Finance and Safety Committee
Meeting and address your questions.
cc: File
MEMORANDU~OF UNDERSTANDING
AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
.. I%/FD PARTICIPATING FEDERAL, STATE, COIINTY ~ 14DNICIPAL AGENCIES
-' FOR AI~ INFORF~%TION SHARING INITIATIVE KNOWN AS
TEE PUGET SOIIRD LAW ENFORCE~fENT INFORF, ATION EXCF, A_NGE (LInX)
A. P~IRPOSE.
1; This Memorandum of Understanding (MOU) is entered into by the Naval
Criminal Investigative Service and the Federal, State, and local law
........... enforcement agencies participating in an information sharing initiative for
operation of a regional warehouse of databases, known as the Puget Sound Law
Enforcement Information Exchange (LInX). The purpose of this MOU is to set
forth the policy and procedures for the use of the LInX by the participating
parties, including the ownership and control of the information within the
system, which may be contributed by each party for uss by the LInX and the
participating agencies.
2. The driving impetus for this initiative and MOU is to further the wars
against crime and terrorism in the wake of the September .11~ terrorist
attacks against the United States. This includes: identifying and locating
criminals, terrorists and their supporters; identifying, assessing, and
responding to crime and terrorist risks and threats; and otherwise
preventing, detecting, and prosecuting criminal and terrorist activities. To
achieve these ends, it is essential that all Federal, State, and local law
enforcement agencies cooperate in efforts to share pertinent information. The
LInX will integrate relevant records of the parties within a single warehouse
~" of databases, effectively providing each participating agency with a single
-.' source for regional law enforcement information.
3. The LInX will be available for use by participating law enforcement
agencies in furtherance of authorized law emforcement activities as well as
the prevention and detection of terrorist risks and threats. Utilizing the
LInX capabilities will significantly advance public safety and se%urity, and
will enhance the protection of this Nation's critical Naval and military
resources in the Puget Sound area of the State of Washington.
E. PA~TIES.
1. The parties to this MOU are: the Naval Criminal Investigative Service;
Bainbridge Police Department; Bremerton Police Department; Everett Police
Department; Kitsap County Sheriff's Office; Port of Seattle Police
Department; Port Orchard Police Dppartment; Poulsbo Police Department;
Seattle Police Department; Snohomish County Sheriff's Office; Tukwila Police
Department; Washington Jail and Booking Records System, Washington
Association,of Sheriffs and Police Chiefs; and the Washington State Patrol.
2. The above parties agree that the Puget Sound Joint Terrorism Task Force
(JTTF) and the Joint Analytical Center will be permitted access to the Puget
Sound LInX upon their proper written request.
3. The Washington Jail and Booking Records System, Washington Association of
Sheriffs and Police Chiefs, will be a contributing agency only with no
querying capability.
Puget Sound LInX MOU 3/29/2004 -
4. The parties agree that maximum participation by all eligible law
enforcement agencies will strengthen the purposes of this MOU. Accordingly,
the parties anticipate and desire that other eligible agencies will join this
MOU in the future. An eligible agency must apply for and be approved by the
Governance Board to become a joining agency. The Governance Board shall
establish criteria for eligibility to join such as but not limited to
security compliance, data accountability, technical capability, and
operational history. A joining agency once approved by the Governance Board
shall also be considered a party and shall have the same rights, privileges,
obligations, and responsibilities as the original parties.
C. POINTS OF CONTACT. Each party shall designate an individual as the party's
...... point of contact (POC) for representing that party in regard to the MOU. A
party may change its POC at any time upon providing written notification
thereof to the POCs of all other parties. POCs are listed in Appendix B.
D. AuThORITY.
1. Authority for the Naval Criminal Investigative Service to enter into
this MOU includes Department of Defense (DOD) Instruction 5505.3 dated July
11, 1986 and SECNAVINST 5520.3B dated January 4, 1993.
2. Authority for Washington State, county, and local agencies to enter
into this M0U includes Revised Code of Washington Chapter 39.34.
E. ~IISSION/OBJECTIVES. This initiative seeks to consolidate existing
information of regional law enforcement agencies in a systematic and ongoing
manner to maximize the benefits of information gathering and analysis to
prevent and respond to terrorist and criminal threats; to support preventive,
investigative and enforcement activities; and to enhance public safety and · ·
force protection for the Nation's critical infrastructure in the Puget Sound
area. The specific objectives of the LInX are
1. Consolidate specific categories of law enforcement, criminal justice
and investigative data from participating agencies in near real ~time within
one data warehouse that will be accessible by all participating agencies.
2. Dramatically reduce the time spent by participating agency personnel
in search and retrieval of relevant data by providing query and analytical
tools.
3. Provide the means for the participating agencies to develop
analytical products to support law enforcement, force protection, and
counterterrorism operational and investigative activities.
4. Provide an enhanced means for ~he participating agencies to produce
strategic ,analytical products to assist administrative decision-making
processes for area law enforcement executives.
F. CONCEPT.
1. The BIRD( is a cooperative'partnership of Federal, State, county, and
local law enforcement agencies, in which each agency is participating under
its own individual legal status, jurisdiction, and authorities, and all LInX
operations will be based upon the legal status, jurisdiction, and authorities
Puget Sound LInX MOU 3/29/2004
of the individual participants. The LInX is:not intended to, and shall not,
be deemed to have independent ~egal status.
2. The LInX will become a central, electronic repository of derivative
Federal, State, county, and local law enforcement and investigative data,
with each party providing for use copies of information from its own records
which may be pertinent to LInX's mission. Once the database warehouse is
populated and properly structured, the system will function with querying and
analytical tools in support of law enforcement activities, criminal
investigations, force protection, and counter terrorism, and for the
development of reports by the participating agencies for the use of their
executive decision makers.
3. LInX functionality may be enhanced via acquisition and use of
commercially available references, public source information, and software
applications such as commercial directories, census data, mapping
applications, and analytical applications.
4. The LInX database warehouse collection will be resident on a server
located at Seattle Division, Federal Bureau of Investigation, 1110 Third
Avenue, Seattle, Washington, and the warehouse will contain "Sensitive But
Unclassified" (SBU) information from the records systems of the MOU parties.
All parties with the exception of B.3 to this MOU contributing data to the
LInX will have equal access to the LInX functionality via secure Internet
connections for read, analytical and lead purposes only.
~. OWNERSHIP, ENTRY, AND MAINTENANCE OF IN-FOP.~XATION.
1. Each party retains sole ownership of, exclusive control over content
and sole responsibility for the information it contributes, and may at will
at any time update or correct any of its information in LIruX, or delete it
from the LIrLX entirely. All system entries will be clearly marked to identify
the contributing party.
2. Just as each party retains sole ownership and control of the
information it contributes, so does a party retain sole ownership and control
of the copies of that information replicated in the LIrnX.
3. The contributing party has the sole responsibility and
accountability for ensuring that no information is entered' into LInX that was
obtained in violation of any Federal, State, or local law applicable to the
contributor.
4. The contributing party has the sole responsibility and
accountability for ensuring compliance, with all applicable laws, regulations,
policies, and procedures applicable to';the party's entry and sharing of
information into the LInX.
5. T~e contributing party has the 'sole responsibility and
accountability for making reasonable efforts to ensure the accuracy upon
entry, and continuing accuracy thereafter, of information contributed.
6. Because information housed by LInX will be limited to duplicates of
information obtained and separately managed by the entering party within its
own record system(s), and for which the contributing party is solely
responsible and accountable, information submitted by the participating
parties shall not be altered or changed in any way, except by the
Puget Sound LInX MOU 3/29/2004
contributing party. The contributing part~ should not make any changes to
the data in the LInX warehoq~e that is not mirrored within the contributing
party's source records.
7. The LInX will thus only be populated with mirrored information
derived from each contributing party's ,,own records," and is not in any
manner intended to be an official repository of original records, or to be
used as a substitute for one, nor is the information in the system to be
accorded any independent record system status. Rather, this electronic
system is merely a means to provide timely access for the law enforcement
parties to information that replicates existing files/records systems.
8. To the extent that any newly discovered links, matches,
relationships, interpretations, etc., located in "mining" of LInX information
may be relevant and appropriate for preservation as independent records, it
will be the responsibility of the accessing party to incorporate such
information as records of the accessing party in the party's own official
records system(s)in accordance with that party's records management processes
(subject to obtaining any contributing party's consent as provided below). A
party that desires to incorporate in its own separate records information
contributed by another party, including any analytical products based on
another party's information, must first obtain the entering party's express
permission.
9. Commercially available references, public source information, and
software applications, such as commercial directories, census data, mapping
applications, and analytical applications are considered to be nonrecord
material and will be maintained in accordance with applicable contracts
and/or licensing agreements. To the extent that any such information is
relevant and appropriate for preservation as independent records, it will be
the responsibility of the accessing party to incorporate such information as
records of the accessing party in the party's own official records system(s)
in a¢cordande with that party's records management processes and any
applicable contract or licensing agreement.
10. Each agency has agreed to submit law enforcement, criminal justice
and investigative types of records, reports, and information into the LInX
warehouse.
11. There is no obligation and there should be no assumption that a
particular party's records housed in the Lin]( database warehouse represent a
complete mirror image of that party's records system for any subject or
person.
H. ACCESS TO ~ USE OF INFORHATION
1. Each party will contribute information to the LInX and agrees to
permit the', access, dissemination, and/or use of. such information by every
other party under the provisions of this M0U .(and any other applicable
agreements that may be established for the LI~). The contributing party has
the sole responsibility and accguntability for ensuring that it is not
constrained from permitting this. by any laws, regulations, policies, and
procedures applicable to the submitting party.
2. Agencies that do not provide data for inclusion in the LInX are not
eligible to be parties without express, written approval of the LInX
Governance Board. Only duly constituted law enforcement agencies of a
Puget Sound LIaX MOU 3/29/2004
Federal, military, state, county, or local jnrlsdlctlon may become a party of
the LInX.
3. All parties Will have access via a secure Internet connection to all
the information in the LInX, as provided in this M0U and any other applicable
agreements that may established for the LInX; and each agency is responsible
for providing its own internet connectivity.
4. An accessing party has the sole responsibility and accountability
for ensuring that an access comports with any laws, regulations, policies,
and procedures applicable to the accessing party.
5. A party may only access the LInX when it has a legitimate, official
need to know the information for an authorized law enforcement, counter
terrorism, public safety, and/or national security purpose, aftsr receiving
training appropriate to this MOU.
6. An accessing party may use information for official matters only.
7. Information in the system, including any analytical products, may
not be used for any unauthorized or non-official purpose and shall not be
disseminated outside of an accessing party without first .obtaining express
permission 'of each party that contributed the information in question.
8. Notwithstanding the requirement in the previous provision that
information may not be disseminated without first obtaining express
permission of each party that contributed the information in question, in
accordance with and to the extent permitted by applicable law, required court
process, or guidelines issued jointly by the Attorney General of the United
States and the Director of Central Intelligence, immediate dissemination of
information can be made if a determination is made by the recipient of the
information:
(a) that the matter involves an actual or potential threat of
terrorism, immediate danger of death or serious physical injury to
any person, or imminent harm to the national security; and
(b) requires dissemination without delay to any appropriate federal,
state, local, or foreign, government official for the purpose of
preventing or responding to such a threat.
The owner of the information shall be immediately notified of any and all
disseminations made under this exception.
9. Any requests for reports or .data in Lin]( records from anyone other
than a party to this MOU will be directed.to the contributing party.
10. A~ncies other than the exception noted in paragraph B.2 above who
are not part of this M0U will not have direct Jccess to LInX. Requests by
such agencies for copies of information contained in LInX must be referred to
the individual LInX party that owns the information.
11. The information in the LInX shall not be used to establish or verify
the eligibility of, or continuing compliance with statutory and regulatory
requirements by applicants for, recipients or beneficiaries of, participants
in, or providers of services with respect to, cash or in-kind assistance or
payments under the Federal or Commonwealth benefit programs, or to recoup
Puget Sound LImX MOU 3/29/2004
payments or delinquent debts under such ~ederal or Commonwealth benefit
programs.
12~ The LInX will include an audit capability that will log all user
actions, including queries executed, responses, alerts set, and notifications
received. A party may arrange with Seattle Division of the Federal Bureau of
Investigation to receive copies of the audit log showing access to that
party's data.
I. SECURITY.
1. Each party will be responsible for designating those employees who
have access to the LInXi This system has been developed with the capability
to record each use of the system, including the identity of the individual
accessing the system, and the time of the access to the system, and the
information queried. The system was developed with security in mind. It
should be remembered by each participating member that access to the
information within the system should be on a strictly official, need-to-know
basis, and that all information is law enforcement sensitive.
2. Each party agrees to use the same degree of care in protectin~
information accessed under this MOU as it exercises with respect~ to its own
sensitive information. Each party agrees to restrict access to such
information to only those of it's (and it goPernmental superior's) officers,
employees, detailees, agents, representatives, task force members,
contractors/subcontractors, consultants, or advisors with a ~official "need to
know" such information.
3. Each party is responsible for training those employees authorized to
access the LInX system regardin~ the use and dissemination of information
obtained from the system. Specifically, emDloyees should be given a clear
understanding of the need to verify the reliability of the information with
the contrlbutin~ party before usin~ the information for purposes such as
obtaining warrants. Parties should also fully brief accessing employees about
the proscriptions for using third party information as described in Section
H, paragraphs 4-11, above.
J. ~ROPERTY.
1. The equipment purchased by the NCIS to support this effort will
remain the property of the NCIS. After expiration of any warranties, the
NCIS, FBI, and the Puget Sound LInX Regional Governance Board will determine
the responsibility for the maintenance of the server.
2. Ownership of all property purchased by parties other than the NCIS
will remain the property of the purchasing party. Each party accessing the
LInX from the party's facility shall provide its own computer stations for
its deslgn~ed employees to have use and access to the LInX. The accessing
party is responsible for configuring its computers to conform to the access
requirements. Maintenance of the equipment purchased by the accessing party
shall be the responsibility of tha~ party.
K. COSTS.
1. Unless otherwise provided herein or in a supplementary writing, each
party shall bear its own costs in relation to this MOU. Even where a party
has agreed (or later does agree) to assume a particular financial
Puget Sound LInX MOU 3/29/2004
responsibility, the party's express written 'approval must be obtained before
the incurring by another .party of each expense associated with the
responsibility~ All obligations of and expenditures by the parties will be
· subject to their respective budgetary and fiscal processes and subject to
availability of funds pursuant to all laws, regulations, and policies
applicable thereto. The parties acknowledge that there is no intimation,
promise, or guarantee that funds will be available in future years.
L. LIABILITY.
1. The LInX is not a separate legal entity capable of maintaining an
employer-employee relationship and, as such, all personnel assigned by a
· .. ...... :party to perform LInX related functions shall not be considered employees of
the LInX or of any other party for any purpose. The assigning party thus
remains solely responsible for supervision, work schedules, performance
appraisals, compensation, overtime, vacations, retirement, expenses,
disability, and all other employment-related benefits incident to assignment
of its personnel to LInX functions.
2. Unless specifically addressed by the terms of this MOU (or other
written agreement), the parties acknowledge responsibility for the negligent
or wrongful acts or omissions of their respective officers and employees, but
only to the extent they would be liable under the laws of the jurisdiction(s)
to which they are subject.
M. GOVERNANCE.
1. The parties recognize that the success of this project requires
; '"' close cooperation on the part of all parties. To this end, the LInX will be
['' operated under a shared management concept in which the parties will be
involved in formulating operating policies and procedures. The Puget Sound
LInX Regional Governance Board will consist of the head (or authorized
designee) of each participating law enforcement agency. The parties agree to
comply with all future policies and procedures developed by this Governance
Board.
2. Bach member of the Governance Board shall have an equal vote and
voice 6n all board decisions. Unless otherwise provided, Roberts Revised
Rules of Order shall govern all procedural matters relating to the business
of the Governance Board.
3. A chairperson shall be elected by its members, together with such
other officers as a majority of the Board may determine. The chairperson, or
any board member, may call sessions as necessary. For a meeting to occur a
minimum Of 51% of the membership must Be present and a simple majority of
those present shall be required for passage of any policy matters. A tie
vote does not pass the matter. In emergency situations, the presiding
officer may',conduct a telephone or email poll of Board members to resolve any
issues. The Board of Governors may also establish 'any needed committees such
as technical, user, and legal.
4. Disagreements among the parties arising under or relating to this
MOU shall be resolved only via consultation at the lowest practicable level
by and between the affected parties and their sponsoring agencies (6r as
otherwise may be provided under any separate governance procedures) and will
not be referred to any court, or to any other person or entity for
.... settlement. All unresolved matters will go before the Governance Board.
Puget Sound LInX MOU 3/29/2004
5. The Governance Board may establish additional procedures and rules
for the governance of LInX and in furtherance thereof may enter into one or
more separate formal or infQrmal agreements, provided that any such agreement
does not conflict with the spirit, intent, or provisions of this MOU, and is
sufficiently memorialized to meet the business purposes of LInX governance
(including adequately informing current and future parties). Such governance
agreement(s) may, for instance address: organizational structure and
control; executive management and administration; delegation of authority;
operating policies, procedures, rules, and practices; meetings, quorums, and
voting procedures; audits; and sanctions (including involuntary termination
of a party's participation in this MOU).
N. NO RIGHTS IN NON-PARTIES.
1. This MOU is an agreement among the parties and is not intended, and
should not be construed, to create or confer on any other person or entity
any right or benefit, substantive or procedural, enforceable at law or
otherwise against the NCIS, the Department of the Navy, the Department of
Defense, the United States, a party, or any State, county, locality, or other
sponsor under whose auspices a party is participating in the LInX or the
officers, directors, employees, detailees, agents, representatives,
contractors, subcontractors, consultants, advisors, successors, assigns or
other agencies thereof.
O. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION.
1. AS among the original parties, this M0U shall become effective when
the duly authOrized representatives of each party have all signed it. For
parties who subsequently join, this MOU shall become effective when completed .. '
and signed by the joining party's duly authorized representative and
countersigned by the representatives of all the other parties applicable at
the time of the joining.
2. This MOU shall continue in force indefinitely for so long as it
continues to advance the participants' mission purposes, contingent upon
approval and availability of necessary funding.
3. This MOU may be modified upon the mutual written consent of the duly
authorized representatives of all parties. However, the parties may, without
the need of formal MOU modification, cooperatively address and resolve
administrative, technical, and operational details relating to this MOU,
provided that any such resolution: does not conflict with the spirit, intent,
or provisions of this MOU; could not reasonably be viewed as particularly
sensitive, controversial, or objectionable by one or more parties; and is
sufficiently memorialized to meet the business purposes of Lin]{ governance
(including ~dequately informing current and future parties).
4. This MOU may be terminated at any time by the mutual written
agreement of the duly authorized representatives of all parties. A party's
duly authorized representative may also terminate the party's participation
in the MOU upon written notice to'all 'other parties of not less than thirty
30 days. A party's participation may also be terminated involuntarily as may
be provided in applicable governance agreement.
5. Upon termination of this MOU, all property being used under its
purview will be returned to the respective supplying party. Similarly, if an
Puget Sound LInX MOU 3/29/2004
individual party's participation in this MO6 is terminated, the party will
return any property to supplying parties, and the remaining parties will
return any property supplied by the withdrawing party.
6. All information contributed to the LInX by a terminating party will
be deleted from LInX.
7. As to information in the LInX during a party's participation under
this MOU, the rights, obligations, responsibilities, limitations, an~ other
understandings with respect to the disclosure and use of such information
shall survive any termination. This applies both as to a terminating party's
information, and to the other parties' disclosure and use of a terminating
~_~party's information.
~. ~PENDICES
A. Form for new agencies to join MOU (and copies of executed forms for
each new agency which has so joined)
B. Points of Contact
C. Governance Provisions (may be added later at the discretion of the
Board)
iN WITNESS WHEREOF, the parties have executed this MOU by the signatures of
the duly authorized representative of each participating agency on an
individual page attached hereto and incorporated herein as part of this MOU.
Puget Sound LImX MOU 3/29/2004
Puget Sound L~nX Memorandum of Understanding
Signatory Page . :..
For the Tukwila Police Department:
Signature: Date:
....... 'Name:
Title:
Signature: Date:
Name:
Title:
Puget Sound LImX MOU' : 3/29/2004
Finance and Safety
4~5~04
against allowing Segale to fund the positions, as the contracted persons would spend
most of their time outside of City Hall working with Segale in meetings. The Mayor
wants to avoid an appearance of fairness issue which could be made if Segale funded
the positions. One issue Steve L raised is that because of all the pre-annexation items
Segale wants before he Will annex, the City could spend a lot of money working through
all the items. The City may want to arrange beforehand that if at the end of the pre-
annexation process Segale decides not to annex, he will reimburse the City for staff
funding spent to the point where the annexation request ends. There won't be any
permit fees issued until about 2006. If the project is successful, development would then
continue for ten years. Joan said she was uneasy about the funds coming from the
ending fund balance. She thought it was confusing to read about the Cascade surface
water budget going to the contract employee, MikeRonda, and she wanted to be clear
'r~
about where all the funding was com~ g from. Staff was interested in moving ahead
quickly with this proposal, but they agreed not to push for its approval that evening, but
to reschedule it for next week's COW and Special Meeting. Recommend mayor's
proposal to 415 meetinq, 41t2 COW and Special Meetin.q.
4. Crime Update for TIB Keith said criminal activity has been picking up on TIB in
recent months. Prostitutes are more in evidence there, and there has been loitering that
might indicate drug activity. The cameras are broken, which seems to encourage illegal
activity. Police are responding with bike patrols and plain clothes Police officers. They
have already arrested some prostitutes. Committee members asked about the Highway
99 walking group, and were told they have largely lost interest as crime had dropped off.
Litter is a real problem around TIB/S. 144th. A store is selling marijuana pipes and has
pornographic magazines in clear view of any kids who walk into the store. As neither of
these things is clearly illegal, police walk a fine line trying to convince the store owner it
is not in the city's interest to have these things. Joan asked how much crime is the
result of the cameras being down. Kelth sa'd he didn't know, but he's anxious to get the
new cameras. As the old ones are so hard to fix, they were just going to wait. The new
cameras have to wait for City Light to pull their wires and the new lights to go up, so it
could be some time before they're installed. Jim M and Keith will work on fixing the old
cameras until then. Information; reschedule in one month~
5. Memo of Under=tai~dinq (MOU) Law Enforcement Info Exchan~le (LinX) The
last time this issue was discussed at Committee, Dennis had. suggested several
improvemen{s to the MOU. However, when Keith took those recommendations to the
next LinX meeting he found several cities and agencies I'{ad already approved the
agreement, so 't wasn t possible to include the changes. The Committee agreed to
recommend passage of the MOU, with the caveat that the City will review how it's
working in one year, and they can dec de then whether to keep it or to withdraw from
the regional group particlpat ng 'n it. Joan asked how the City could get its comments in
at an eadier stage of the process. Keith said in the future he will bring items in their draft
state before they are finalized. Recommend MOU to COW and Re.qular Meetin.qs.
CAS Number: 04-057 ......................... Initials ......................... ITEM NO.
I MeetingDate Preparedby Mayor'sreview Cou.~ncilr~iew
Agenda Item Title: Interlocal Agreement / City of Tukwila and the Tukwila School District
Original Sponsor: Council Admin. Parks & Recreation
Timeline:
Sponsor's Summary: The updated interlocal agreement will allow the City to use the districts athletic fields,
classrooms and gymnasiums for recreational and community programs and events. The
agreement will also allow the School District to use the City's Community Center, athletic
fields, parks and golf course. The last interlocal agreement was dated March 1 I, 1996.
Recommendations:
Sponsor: Recommend updating interiocal agreement.
Committee: Recommended to COW for further discussion.
Administration: Same as sponsor
Cost Impact (if known): NA
Fund Source (if known): NA ....
Meeting Date Action
Meeting Date Attachments
4/26/04 Memo from Bruce Fletcher dated 3/18/04
Draft interlocal agreement
Interlocal agreement dated 3/11/96
CAP minutes dated 3/23/04
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: Bruce Fletcher, Director of Parks and Recreation~t-~
DATE: March 18, 2004
SUBJECT: Interlocal Agreement
....... The last interlocal agreement between the City of Tukwila and the Tukwila School
District was dated 1996. The interlocal agreement authorizes a joint use for shared
facilities of existing outdoor and indoor facilities by the City and School District.
The School District formed a Facility Use Committee to discuss and update the interlocal
agreement. The Tukwila Parks and Recreation Department have been participating in the
Facility Use Committee to draft an update interlocal agreement.
The interlocal agreement authorizes the City's recreational programs to use the districts
playfields, athletic fields, classrooms and gymnasiums at no cost. The City shall receive
' - priority use after the District's use. The District shall receive priority after the City's use
for the Tukwila Community Center, athletic fields, parks and golf course. Excluded from
free use are the Tukwila Swimming Pool and Neudorf Stadium (both are under separate
agreements that are also being updated). The interlocal agreement for the Foster
Performing Arts Center (signed in 1992) is in the process of being updated.
It is important for the City and School District to share facilities for the recreational and
community benefits for our residents. I would like the CAP committee to review the
draft agreement and move it forward to the next COW. The Tukwila School Board is
also reviewing the agreement at their next School Board meeting.
Cc. Rhonda Berry, City Administrator
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF TUKWlLA AND THE TUKWILA SCHOOL DISTRICT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to the Inter-
local Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of
Tukwila ("City") and the Tukwila School District ("District"). (collectively referred to as "the parties"), for the
creation and operation of a program to facilitate the joint use of City and District facilities for the benefit of
Tukwila's residents and students.
'WHEREAS, the City and the District share a common goal to provide for the' efficient use of
recreation facilities for all students and citizens; and
WHEREAS, the City and the Distdct desire to establish a cooperative facility use agreement; and
WHEREAS, a joint usage agreement for shared facility use would allow and encourage the City and the
Distdct to work together to utilize existing outdoor and indoor facilities and to plan, develop, upgrade and build similar
type facilities for joint use;
· NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and
between the City of Tukwila and the Tukwila School Distdct as follows:
1. Statement of Pumose. The purpose of this Agreement is to facilitate the joint use of City and
District facilities for the benefit of Tukwila's residents and students.
2. City use of Distdct Facilities. Upon request, the District will make school facilities available
to the City's Parks and Recreation Department for use in connection with recreation programs authorized
by the Parks and Recreation Director, subject to availability. Written requests for usage will be sent to the
District Superintendent or designated representative. The City shall receive pdority after the District's use
and before unscheduled activities of outside organizations. The facilities shall be available without
.......... -payment of rental fee to the Distdct during days when school is not in session and after school hours;
provided, that the Distdct may charge reasonable custodial fees when, in the view of the District, the facility
was left unkempt or damaged. No special financing or budgeting is required under RCW 39.34.030(3)(d).
Facilities include, but are not limited to, playfields, athletic fields, classrooms, and recreational pod/ohs of
the buildings, such as gymnasiums.
3. Turf Maintenance. The Parks and Recreation Department will provide turf maintenance of
the soccer field and baseball diamond located at Showalter Middle School, including annual preparation of
the baseball field and mowing, fertilizing, and maintenance of the soccer field sprinkler system.
4. Community & Adult Education Classes. The District will provide conference and classroom
space for city sponsored community meetings and adult educational programs free of rental fees when
space is available. Security fees maybe charged (opening and dosing costs) when use occurs during non-
operational pedods.
5. Exclusions. City use of the Neudoff Stadium facility and the Performing Arts Center, and
Distdct use of the community swimming pool an~t golf course clubhouse, are excluded from this Agreement.
6. City Access to District Facilities. The Parks and Recreation Director shall be provided keys
to District facilities under the terms of this Agreement. The Parks and Recreation Director may assign keys
to city employees who fall within his/her direct supervision for the purpose of building access. The
duplication of District keys is prohibited. Keys provided pursuant to this section shall be used only for
access allowed pursuant to this agreement.
7. District Access to City Facilities. Upon request, the City will make available City facilities to
the District for use in connection with District programs, subject to availability. Wdtten requests for usage
shall be sent to the Parks and Recreation Director or designated representative. The District shall receive
pdodty after the City's use and before unscheduled activities of outside organizations. The facilities shall
be available without payment of rental fees to the City when not in use by the City. Facilities include, but
are not limited to, the Tukwila Community Center, athletic fields, parks, and golf course.
8. Personnel. It is understood and agreed that the personnel employed by each agency shall
be under the supervision of that agency. Further, each agency shall adhere to the host agency's rules and
regulations for appropriate use of its facilities.
9. Use of Facilities. Use of all facilities shall be in accordance with the regular procedures of
the agency owning the facility as provided for by the Laws of Washington and the rules and regulations of
the respective agencies, except as otherwise provided in this Agreement.
10. Administration, Administration of this agreement shall be the joint responsibility of Parks and
Recreation Director and a representative from the School Distdct appointed by the Superintendent. This
agreement does not create any separate legal or administrative entity under RCW 39.34.030(3)(b).
11. Duration and Termination. This Agreement shall commence on ,2004 and shall
be of indefinite duration. Either party may elect, to terminate this Agreement by giving wdtten notice of
termination to the other party. Said termination shall be effective not sooner than ninety days from the date of
receipt of said wdtten notice.
12. Defense, Indemnification, and Hold Harmless.
12.1 The Distdct shall indemnify and hold harmless the City and its officers, agents, and
........ employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by reason or adsing out of any negligent action or omission of the
District, its officers, agents, and employees, or any of them, in relation to this Agreement. In the event that
any suit based upon such a claim, action, loss, or damage is brought against the City, the Distdct shall
defend the same at its sole cost and expense, including attorney's fees, provided that the City retains the
dght to participate in said suit if any principal or governmental or public law is involved, and if final judgment
be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the
City and Distdct and their respective officers, agents, and employees, or any of them, the Distdct shall
satisfy the same.
12.2 The City shall indemnify and hold harmless the District and its officers, agents, and
employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by reason or adsing out of any negligent action or omission of the City,
its officers, agents, and employees, or any of them, in relation to this Agreement. In the event that any suit
based upon such a claim, action, loss, or damage is brought against the District, the City shall defend the
same at its sole cost and expense, including attorney's fees, provided that the District retains the right to
participate in said suit if any principal of governmental or public law is involved; and if final judgment be
rendered against the District and its officers, agents, employees, or any of them, or jointly against the City
and Distdct and their respective officers, agents, and employees or any of them, the City shall satisfy the
same.
13, ~reement. If, a dispute arises from or relates to this Agreement or any claimed
material breach thereof, the City and the Distdct shall attempt to resolve the dispute through direct discussions.
If the dispute cannot be resolved through discussions, the parties agree to attempt to settle the dispute in an
amicable manner by mediation conducted, by a.mediator selected by agreement of the parties. All fees and
expenses for mediation shall be borne by the parties equally. Each party shall bear the expense of its own
counsel, experts, witnesses, and preparation and presentation of evidence.
If the dispute cannot be resolved through mediation, the parties agree to settle the dispute by
arbitration administered by the American Arbitration Association Rules, and in accordance with the applicable
provisions of RCW Title 7. The arbitrator may be selected by agreement of the parties. All fees and expenses
for arbitration shall be borne by the partieS equally. Each party shall bear the expense of its own counsel,
experts, witnesses, and preparation and presentatioh of evidence.
14. Assiqnment. Neither party shall assign its dghts or obligations under this Agreement
without the prior wdtten consent of the other.
14. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the parties hereto. Any modifications to this agreement shall be in writing
and must be approved by the City and District.
16. Notice. Notices required by or concerning this agreement shall be sent by mail to the
respective parties at the following location:
17. Discrimination Clause. Neither party shall discriminate against any
applicant for use of their facilities on the basis of race, color, religion, creed, sex,
age, national origin, marital status, sexual orientation, or presence of any sensory,
mental or physical handicap.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
CITY OF TUKWlLA
Dated:
Steve Mullet, Mayor
Approved as to Form:
Sheltey Kerslake, City Attorney
TUKWILA SCHOOL DISTRICT
DATED:
Dr. Greg Paus, Superintendent
Tukwil'a School Distdct
DATED:
John Richards, Chairman
Board of Directors
· ' AGREEMENT
CITY OF TUKWILA AND SOUTH CEi~TRAL SCHOOL DISTRICT
THIS AGREEiVIENT is entered into this ! ] day of ~ ~ , by
and between the City of Tukwila (hereinafter "City") and South Central School District
No~ 406 (hereinafter "District") according to provisions set forth below.
Whereas, the City and the District have established a positive and cooperative
relationship and~
Whereas, the City and the District are authorized to enter into agreements with
each other and to do th,n.s necessary to aid and cooperate in the betterment of the
community and,
Whereas the City and the District share a common goal of the development of
· adequate recreation and school facilities for all students and residents and,
Whereas, the City and the District have a limited number of athletic fields and
indoor areas available for public use and are unable to meet the demands for those
facilities and,
Whereas, the City and District encourage community use of park and school
facilities and the City and the District encourage a cooperative effort for the use and
construction of both City and District facilities with the least possible expenditure of
public funds and,
Whereas, a joint usage agreement for athletic fields a~d indoor areas would allow
and encourage the City and the District to work together in utilizing e~sting outdoor and
indoor facilities and in planning, developing, upgrading and building similar type
facilities for joint use,
Now therefore, the City Council of the City of Tukwila and the School Board of
the South Central School District #406 agree to cooperate with each other carrying out the
above purposes, and to that end agree as follows:
1. Upon request, the District will make available school facilities to the City's Parks
and Kecreation Department for use in connection with community recreational
programs under the supervision dr control of the City at no charge, subject to the
schedule of facility/school by the District. Written requests for usage on behalf of
the City. will be sent to the District Superintenddnt or designated represeniative.
The City shall receive priority'after the District's use and before other unscheduled,
outside organizations. Facilities include p[ayfields, athletic fields, classrooms and
recreational portions of the buildings, such as gymnasiums.
'2. Upon request, thelOy will make available City facilitieO the District at no .....
charge, subject to the schedule of facility, activities and programs by the City.
Written requests for usage on behalf of the District will be sent to the Parks and
Recreation Director or desi~nated representative. The District shall receive
priority after the City's use and before other unscheduled, outside organizations.
Facilities include the Tukwila Community Center, athletics fields, golf course, and
parks.
3. It is understood and agreed that the personnel employed by each agency shall be
under the supervision of that agency. Further, each agency shall establish rules
and regulations with regard to the use of its facilities that will be held to by the
user.
4. The use of school facilities shall be in accordance with the regular procedures of
the District in granting permits for use of school facilities as provided for by the
Laws of Washington and the rules and regulations of the District, or as otherwise
provided for in this agreement.
5. It is further understood and agreed that either party to this Agreement may at any
time terminate this Agreement upon giving, in writing, to the other party thirty
(30) day's notice of its intention to terminate same.
6. Each party agrees to indemnify, defend and hold harmless the other, and the
other's agents, employees and contractors, from and against any and all costs
(including attorney's fees), claims and liability arising out of this Agreement,
including property damage and personal injury and death, resulting in whole or in
part from the acts or omissions of that party, or its employees, agents or
contractors. Both parties will assist the other by preserving and presenting a
defense of limited liability under RCW4.24.210, for allowing the public to use
either District or City property for outdoor recreation. It is further agreed that the
District/City shall be responsible for any and all damages to City/District property
caused by or resulting from negligence of the District/City. To the ex-tent the
parties are found to be concurrently at fault, this obligation to defend, indemnify
and hold harmless shall be ratable in the same proportion as the concurrent fault.
Each party shall procure and maintain at its sole expense throughout the term of
this Agreement comprehensive general liability insurance, with a current minimum
coverage ors 1,000,000 per occurrence for personal injury and property damage.
The amount of required minimum coverage shall l~e reviewed annually by the joint
administrators. Each policy shall include a provision prohibiting cancellation or
reduction in the amount of said policy except upon 30 days prior written notice to
the other party. Cancellation of the required insurance shall automatically
terminate this Agreement.
7. Neither party shall discriminate against any applicant for use of their facilities on
the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
8. Neither party shall assign its rights or obligations under this Agreement without
the prior written consent of the other.
9. This Agreement contains the entire Agreement be. tween the parties hereto and no
other agreements, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the parties hereto. Any special additions
to this Agreement which are mutually agreed upon shall be incorporated by written
amendment and must be approved by the City and District. Examples of special
additions may include, but in no wry be limited to; the rehabilitation or
construction of facilities or equipment owned by the other participant to. this
agreement; employee and other costs related to provide support for use of facilities
by the other party; or utility or maintenance costs related to a specific facility.
10. This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington. In the event that any suit, arbitration or other proceeding
is instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively laid in King County,
Washin~on. The prevailing party in any such action shall be entitled to recover its
attorney's fees and costs of suit.
IN WITNESS WHEREOF, the parties fiereto have caused this Agreement to be
executed on their behalf.
THE CITY OF TUKWILA, A Municipal Corporation.
BY /'~ May6r of Tukwila / ~
- City Clerk
SOUTH CENTRAL SCHOOL DISTRICT #406
Prestdent, South L/entral School Board of Directors
Secretary, South Cenl~ra~ - ' l~3chool Board of Directors
Community and Parks .Committee
March 23, 2004
Present: Pam Linder, Chair; Joe Duffie, Pam Carter
Steve Lancaster, Brandon Miles, Bruce Fletcher, P.honda Berry, Pat Brod!,n, Lucy
Lauterbach; Todd Heistuman, Eric Reinhardt-developers
1. 57th Mini Park Proposal The Committee had asked for more information at their last
meeting, and Pat Brodin supplied some facts. The current small park in Foster Point was a street
right of way that enabled Public Works staffto repair a drainage problem with installing a 24."
outfall at the fiver there. This drain is now even more important, as it will handle all the storm
water collected with the improvements going into Foster Point. Construction on the Foster Point
improvements is likely to start in August. As the new sewer pipes will be in the streets, the
project will be a little difficult for residents there while work goes on. Pat said there were no
bank stability problems at this site. Steve Lancaster said Todd and Eric had a pre-application
meeting in August 2002, and the prelimina~ plan they showed then looked as if would work
very well. Steve said it is unusual that a short plat can be so easily fit onto land, as this piece is
both flat and fronts on two streets. The development plans an alley for easy access to the backs
of some homes. Todd said he normally develops high-end homes, but wanted to showcase
techniques that could make lower cost homes attractive. The problem with their selling this land
to the City as a mini park is that the City has no funds. Bruce said next week is the application
deadline for Conservation Futures grants. These are 50% grants, and we would need to be
creative to fund our share. It is possible a land donation could be that match, but details are
needed to figure things out. The Committee gave permission to apply for the grant, with the
stipulation that if no match is found, we will withdraw the application. The cost of the land is
somewhere around $160,000. Information; permission given to apply for grant.
2. Facilities Interloeal Agreement As the last interloeal agreement regarding facilities was
done in 1996, it is due to be updated, and a committee was formed to work on various issues
relating to facilities. The resulting draft interlocal addresses general school and city facilities.
Pam C noted the agreement covers recreational facilities like gyms, but not meeting rooms like.
the Foster Commons, which the City occasionally uses for meetings. The Committee agreed, and
asked Bruce to see if other rooms could also be covered. Pam C asked about maintenance of the
Showalter Field, as both the school and the City have said the other maintains it. Bruce said we
mow and water it, but they line it, so maintenance is shared. Drainage there is not good, he said,
and has caused some problems. There will be separate interlocals for use of the new stadium, the
pool, and the performing arts center. Bruce will attend the school board meeting this same
evening to ensure they also approve of the interlocai. Recommend interlocal to COW and
Regular Me~ting.
3. Update on'Cargo Containers Steve and Brandon talked ab.out the cargo containers and their
permissibility in the City. When the City passed an ordinance in 2002 regulating where the
container could be used, an aerial picture was made and reports and visual inspections were done
to try to iind out where all the current cargo containers were. Those that did not meet the criteria
were allowed a year to apply for a "grandfather" clause that would ailow them. Steve said there
were originally 28 containers. The screening size was set at 30'. Of the 28, 10 were given
Initials ITEM NO.
Meeting Date Prepared by Mayo?s review Council review
,2 ,o4 ' c.
CAS Number: 04-058 I Original Agenda Date: April 26, 2004
Agenda Item Title: Bid Award 2004 Overlay & Repair Program Project No. 04-RW01
Original Sponsor: Council Admin. Public Works
Timeline:
SpOnsor's Summary: This project will provide roadway repairs and overlays on city street segments. The project
was advertised for bids on March 17 & 24, 2004. Bids were opened April 1, 2004 with four
bids received. The low bid of $727,940.00 is from Watson Asphalt Paving Company. The bids
were checked and verified for responsiveness and references.
Recommendations:
Sponsor: Award the contract to Watson Asphalt Paving Company.
Committee: Forward to COW and then Regular Council with recommendation for award.
Administration: Same as Sponsor.
Cost Impact (if known): $727,940.00
FUnd Source (if known): 104/02 Commercial Streets (pg. 42 2004 CIP)
Meeting Date Action
4/26/04
Meeting Date Attachments
4/26/04 Information Memo dated April 5, 2004
Map
Bid Tabulation
Recommendation Letter
Highline Water District Letter
Transportation Committee Meeting Minutes from April 12, 2004
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directo,~rf'O
Date: April 5, 2004
Subject: 2004 Annual Overlay & Repair From:am
Project No. 04--RW01
Bid Award
ISSUE
Award the bid for construction of the 2004 Annual Overlay and Repair Program.
BACKGROUND
This project will provide roadway repairs and overlays on the following street segments:
Olympic Ave S (Riverside to Glacier) Todd Bird (Olympic to West Valley Hwy)
Strander Bird (River to West Valley Hwy) 57a Ave S (S 144~ St to 14100 BIk)
Ryan Way (MLK Jr Way to 51~t Ave S)
The project was advertised for bids for two weeks and bids were opened April 1, 2004. Four bids
were received with the low bid of $727,940.00 from Watson Asphalt Paving Company. The
engineer's estimate was $892,400.00. Highline Water District has requested that the City postpone
the overlay and repair of 43~ Ave S because of a 2005 water main replacement project, for savings
of approximately $30,000.
ANALYSIS
All bids were checked and tabulated and no errors were found. Watson Asphalt Paving Company
provided references for jobs of similar scope and size and has performed work successfully in
Tukwila. All references contacted provided positive recommendations for Watson Asphalt Paving
Company's work.
2004 Overlay Bid Results Engineer's Estimate Budeet
Bid Amount $ 727,940.00 $ 892,400.00 $1,000,000.00
Contingency 10% 72,794.40 89,240.00
Total $ 800,734.00 $ 981,640.00 $1,000,000.00
The low bid is within the available budget and contingency. Budget includes $250,000 for the
overlay of Strander Blvd (Andover Park E to Green River) and is being designed as part of the
Strander Blvd Drainage project. If the Strander Diainage project can not be constructed this year
due to permitting windows, a number of options are av~tilable for these funds. KPG has mapped
pavement repay areas for Glacier St, Riverside Drive and Cascade Ave near Todd Blvd and Olympic
Ave S..
RECOMMENDATION.
Award the construction bid for the 2004 Overlay Program to Watson Asphalt Paving Company in the
amount of $727,940.00.
attachments: Map of Projects
Bid Tabulation
Recommendation Letter
Highline Water District Letter
2004 OVERLAY PROGRAM
I PG
ENGINEERS ARCHITECTS LANDSCAPEARCItr~.'ECTS
753 9th Avenue N
Seattle. WA 98109
April 1,2004 'r~L~o~/~8~-~9*o
VAX ~o~/~88-1~9
Mr. Bob Giberson, P.E.
Acting City Engineer
City of Tukwila Public Works
Tukwila, WA 98188
Re: 2004 Overlay Program
Project No. 04-RW01
Recommendation for Contract Award
Dear Bob:
KPG, Inc has reviewed the projects and references submitted by Watson
Asphalt Paving Company Inc. for the referenced project. All references
checked indicated that Watson has done a good job on roadway overlay and
repair projects.
We are therefore' recommending that the City award Project No 04-RW01
entitled 2004 Overlay Program to Watson Asphalt Paving Company, Inc.
Please call me at (206)267-1052 if you should have any questions or require
further information.
Sincerely yours,
Project Engineer
March 29, 2004
Serving the Southwest Metropolitan Area since 1946
Mr. Bob Giberson, P.E.
Acting City Engineer MAR $1 ?004
City of Tukwila
Administration/Engineering T~JKv~
6300 Southcenter Blvd. PUBUC WORKS
Tukwila, WA 98188
Re: City of Tukwila 2004 Overlay Proqram
43'~ Ave. S. From S. 160t~ St. to North to End
Dear Mr. Giberson:
It has been brought to the District's attention through your consultant KPG that the City intends
to overlay the above-referenced roadway in Late Spring/Early Summer 2004. The water main
located there is on our list to be replaced in the near future.
We are writing to request that you delay the overlay on 43'd Ave. S. Due to budget constraints,
the District cannot commit to replacing the main at this time, however, we may be able to
replace the main by the end of this year or in early 2005. We believe it would be in the best
interests of our respective entities and the property owners along 43rd Ave. S.
Also, we would like to inquire if you would be interested in splitting the cost of the paving, since
the overlay has already been scheduled.
If you have any questions, please don't hesitate to contact me. I can be reached at (206) 824-
0375, Ext. 102.
Very Truly Yours,
Thomas D. Keown, ~.E.
Construction/Operations Manager
TDK:maf
Cc: Jim Morrow, Director, Tukwila Public Works Department
Matt Everett, HWD General Manager
23828 - 30th Ave. S. · P.O, Box 3867 · Kent, WA 98032 · (206) 824-0375 / FAX: (206) 824-0806
Transportation Contmittee
April 12, 2004
Present: Joan Iternandez, Chair; Pam Carter, Joe Duffle
Jim Morrow, Robin Tisclwnak, Pat Brodin, Steve Lancaster, Bob Giberson,
Cyndy Knighton, Lucy Lauterbach; Brent Carson-Westfield Southcenter
1. Transportation Concurrency and Impact Fees Since a lawsuit has prevented the City from
imposing impact mitigation fees recently, staff if anxious to update the mitigation fee list and to
base it on reliable criteria. Cyndy explained that since the last meeting where this was discussed
she did reduce the former highest cost-per-trip amount from $12,900 to $2,500 based on the
Committee's request. A justification for impact fees based on the RCWs was followed by an
explanation of the method of first deciding whether the fees were needed, and if so, applying the
correct impact fees. Cyndy led the Committee through the columns on a table of draft impact
fees. They understood that the peak volume of traffic used to multiply the cost/trip was
calculated through subtracting the modeled peak volumes from 1990 to 2010. The fee is a one-
time cost. The City or consultant does a transportation study to determine peak volumes. The
fees will be paid until the impact fee amount is paid off. Right now the 1990 numbers are being
used, but this will be an interim ordinance and methodology. In the next year, more analysis and
different methods of determining costs will be done, and a more final version will be proposed.
Pam asked if anyone had stopped their development because of impact fees, and Cyndy said they
had not. Joan asked how the City judges traffic at a redeveloped site, and Cyndy said the
transportation study will say if there is more or less traffic than before, and charge (or not)
accordingly. The Committee wanted the Council to have plenty of time to digest this complex
issue. Refer issue to that evening's meeting; reschedule.
2. Green River Signal Interconnect King County is installing cameras and intemonnects in the
South end. Tukwila has already put in some fiber optic line, and is ready to install some more to
complete much of the CBD wiring, The City can use our program as a match to the County's
putting in cameras and fiber optic. The bids we got were lower than the engineer's estimate, but
the lowest bidder neglected to include Washington State sales tax, and was disqualified. The
second lowest bidder was Totem Electric of Tacoma. King County is ready to move ahead with
their project, so awakding this bid is important to do in a timely manner. Staffhad maps showing
where only fiber optic would be placed, and where both fiber and intercormect cable wires would
be put in. Forward bid award to COW and Special Meetin~ that evening.
3. 2004 Overlay Program By getting bids out before the big construction season starts the City
saves money on the bids. Watson Asphalt was the low bidder for this years' projects. One
project on thi's year's list was 43ra Ave. S. from 160th tO the end, but Highline requested that it
not be done because they are planning to do some improvemefits in the street soon. Strander also
may not be able to be done because of the surface water project near there. Instead the City may
substitute some streets below S. 180th in the Segale Business Park area. Recommend bid award
to Watson Asphalt for $727~940.00 to Council.
Meeting Date Prepared b~l Mayor's revicw C?uncil review
4/26/04
·
CAS Number: 04-059 ] 'g' g : p '
Agenda Item Title: 2004 Over lay amd Repair Program Consultant's Supplement
Original Sponsor: Council Admin. Public Works
Timeline:
Sponsor's Summary: In December 2003, KPG began design of the 2004 Overlay and Repair Program. Final design
is complete and the bid award for construction is underway. This supplement is for KPG to
perform construction management services for the overlay program for a fee not to exceed
$108,112.60.
Recommendations:
Sponsor: Authorize the Mayor to sign supplement with KPG, Inc.
Committee: Authorize Mayor to sign supplement and forward to COW for information only.
As a supplement to an existing contract, no formal action is needed by Council.
Administration: Same as Sponsor.
Cost Impact (if known): $108,112.60 for a new contract amount of $176,636.39
Fund Source (if known): 104.02 Commercial Streets (pg. 42 2004 CIP)
Meeting Date Action
4/26/04
Meeting Date Attachtnents
4/26/04 Information Memo dated April 5, 2004
Supplemental Agreement No. 1 to Contract 03-141 Project No. 04-RWO1
Transportation Committee Meeting Minutes from April 12, 2004
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directot~~
Date: April 5, 2004
Subject: 2004 Overlay Program - Construction Services Sunnlement
Project No. 04-RW01
Contract No. 03-141
ISSUE
Authorize the Mayor to sign a contract supplement for construction services on the 2004
Overlay Program.
.BACKGROUND
KPG, Inc., and Tukwila entered into Contract No. 03-141 for design services related to the
2004 Overlay Program. KPG now has the capabilities in-house to perform construction
services.
ANALYSIS
A contract supplement fOr construction services has been negotiated for a fixed fee not to
exceed $108,112.60.
Supplement No. 1 Bud~,et
Construction Services $108,112.60 $150,000.00
RECOMMENDATION
Authorize the Mayor to sign Supplemental Agreement No. 1 to Contract No. 03-141 with
KPG, Inc., in the amount of $108,112.60.
attachments: Supplemental Agreement No. 1
SUPPLEMENTAL AGREEMENT NO. 1
CONTRACT NO. 03-141
PROJECT NO. 04-RW01
City of Tukwila KPG, Inc.
Public Works Department 753 - 9th Avenue N.
6300 Southcenter Boulevard #100 Seattle, WA 98109
Tukwila, WA 98199
PROJECT: 2004 OVERLAY AND REPAIR PROGRAM -- CONSTRUCTION SERVICES
This SUPPLEMENTAL AGREEMENT NO. 1 is to supplement the agre .epaent entered into with
KPG, Inc. and the Ci/y of Tukwila, which was executed on the 29th day of December, 2003.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of 8erviees, shall be modified as follows:
The Consultant agrees to provide construction services as requested by the City in accordance
with the scope of work included as Exhibit A.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached
hereto, provided that the total amount of payment to the Consultant for this work not exceed
$108,112.60 without express written modification of the Agreement signed by the City. The new
tOtal contract shall not exceed $176,636.39 without express written modification of the
Agreement signed by the City.
IN WITNES~ WHEREOF, the parties hereto have set their hands and seals this __ day
of ,2004.
APPROVED: APPROVED:
CITY OF TUKWILA KPG, INC.
Steve Mullet Nelson Davis, P.E.
Mayor Principal
Attested:
Jane Cantu, City Clerk
Exhibit A
City of Tukwila
2004 Overlay and Repair Program
Supplement Number 1
Contract Number 03-141
Construction Services
Scope of Work
Mamh 29, 2004
The Consultant shall provide Construction Management and Field Observation services
for the 2004 Oveday Program as outlined below:
A. 3'he Consultant shall provide continuous project management throughout the
construction duration. This includes management of staff and testing
subconsultant and preparation of monthly invoices and progress reports. The
estimated proje(~t duration is 4 months.
B. Prepare for and attend pro-construction conference with the City, Contractor, and
affected utilities. The Consultant shall prepare notice of pre-construction
meeting, agenda, and minutes for distribution to all attendees. -
C. The Consultant shall keep records and prepare correspondence as required for
the duration of construction. Certified payroll and other required documentation
obtained from th~ Contractor will be provided to the City.
D. The Consultant shall provide one set of preconstruction photographs and any
photographs taken during the coume bf construction. Photographs will be
labeled with the date taken and subject matter.
E. The Consultant shall provide the services of one full-time inspector and
supplemental assistants, as needed, on the project site who will observe the
technical content of the construction, including providing day to day contact with
the Contractor and the City. By providing such assistance, the Consultant shall
assume no responsibility for proper construction techniques and job site safety.
The prasen(~:e of the Consultant's personnel at the construction site is for the
purpose of providing to the City a greater degree of confidence that the
completed work will conform generally to the Contract Documents. The
Consultant will endeavor to protect all parties against defects and deficiencies in
the work of the Contractor, but cannot guarantee the Contractor's performance
and shall not be responsible for construction means, methods, techniques,
sequences of procedures, or for safety precautions and programs in connection
with the work performed by the construction contractor and any subcontractor.
F. The Consultant shall contract with an independent testing lab for material testing
services such as field sampling, sieve analysis, in place density tests, extraction,
and rice density. A $10,000 allowance has been included for testing services
from an independent lab.
G. The Consultant shall review traffic control, schedule, and materials submittals
provided by the Contractor.
H. The Consultant shall provide weekly, informal site visits with the field observer
and Contractor to addres§ concerns, make clarifications, and assure compliance
with Contract Documents.
I. The Consultant shall review change conditions as they arise and make
recommendation to the City for field changes/change orders.
J. The Consultant shall track quantities, prepare pay estimates, and review with
City and Contractor for approval. Four (4) pay estimates are anticipated for this
project.
K. The Consultant shall provide field inspection for substantial completion and final
completion.
L. The Consultant shall prepare and review a comprehensive punchlist based on
the above field inspections.
M. The Consultant shall revise the original drawings and submit to the City, upon
completion of the work, using available information supplied by the Contractor
and field personnel. The Consultant shall provide one set of original red-ink on
mylar record drawings and one set of bond copies.
N. The Consultant shall prepare field survey and record drawings for the South 134th
Street project completed in 2003. Field survey will include roadway centerline
profile grades at 50-foot intervals and horizontal and vertical locations of all catch
basins and pipes. The surveyed information will be used to update the original
design plans using AutoCAD. One mylar copy and one bond copy of the
completed record drawings will be provided to the City.
The construction duration is anticipated to be 70 working days with a construction start
date of approximately May 10, 2004.
Deliverables:
Items to be provided by the Consultant:
· Preconstruction notice and minutes
· Daily field inspection reports
· Field testing reports
· Preconstruction and construction photos
· Documentation from site meetings, change conditions, and field directives.
· Copy of all correspondence and payroll information received.
· Change orders, if required.
· Partial and Final pay requests
· Punchlist.
· Record Drawings (ink on City provided mylar and one bbnd copy), 2004 Overlay
· Record Drawings (mylar and bond ~;opy) for South 134~ Place.
Items to be provided by the City:
· Contract award
· Contract closeout
EXHIBIT B
HOUR AND FEE ESTIMATE
Project: City of Tukwila
2004 Overlay and Repair Program
Contract Number: 03-141
Supplement No. 1
KPG
• Architecture •
Landscape Architecture
• Civil Engineering •
Task
Description
Labor Hour Estimate
Total Fee
*Senior
Engineer,
$ 139.29
*Project
Engineer
$ 78.16
*Field
Technician
$ 63.94
*Clerical
$ 56.85
Fee
V A.
Management, coordination, and administration
8
16
0
8
$ 2,819.65
B.
Pre - construction conference
4
8
8
8
$ 2,148.73
C.
Project correspondence and records
24
40
0
16
$ 7,378.90
D.
Preconstruction / construction photos
0
24
8
60
8
560
4
20
$ 1,364.18
$ 44,976.12
E.
Field coordination /inspection
F.
Testing coordination
4
16
0
4
$ 2,035.10
G.
Submittal Review
4
40
0
4
$ 3,910.92
H.
Project progress meetings (estimate 12)
16
40
0
8
$ 5,809.80
I.
Review /recommend change conditions
8
12
0
4
$ 2,279.63
J.
Prepare pay estimates (estimate 4)
16
4
64
16
16
0
16
4
$ 9,163.44
$ 2,035.10
K.
Substantial competionlfinal inspection
L.
Prepare /revie punchlist items
4
4
4
12
8
8
8
24
40
4
0
0
$ 2,233.98
$ 2,717.01
M.
Prepare record drawings (2004 Overlay)
N.
Prepare record drawings (S. 134th Place)
$ 3,740.06
Reimbursable expenses - see breakdown for details
$ 15,500.00
Task Totals
124
348
664
100
$ 108,112.60
* Hourly rates are based on the following:
Direct Salary Costs
Overhead Rate
Fixed Fee
Total Estimated Fee:
$ 47.12 I $ 26.44 $ 21.63 I $ 19.23
160.61%
35%
3/29/04
$ 108,112.60
$ 31,329.32
$ 50,318.02
$ 10,965.26
EXHIBIT B
HOUR AND FEE ESTIMATE
Project: City of Tukwila
2004 Overlay and Repair Program
Contract Number: 03-141
Supplement No. 1
• Architecture •
Landscape Architecture
• Civil Engineering •
Reimbursable Breakdown
Construction Services
Mileage
Reproduction / photos
Field Survey for S 134th Place
Testing Lab Allowance
Cost
Task 1 - Total
1,000.00
1,000.00
3,500.00
10,000.00
15,500.00
3/29/04
Transportatmn Committee
4/12/04
4. 2004 Overlay Construction Services KPG has a contract with the City to do both design for
the overlay projects, and construction management. A contract supplement is all that is needed.
Pam confirmed that another firm had done construction management for many years in the 90's.
The contract will be within budget. Move supplement to COW for approval.
Committee chair approval
~ . ITEM NO.
Meeting Date Prepared b~v Mayor's review Cou....ncil review
CAS Number: 04-060 I Original Agenda Date: April 26, 2004
Agenda Item Title: Accept Public Works Trust Fund loan of $4,196,056.00 for construction of
Cascade View Neighborhood Drainage Project.
Original Sponsor: Council ~ldmin. Public Works
Timeline:
Sponsor's Summary: The Public Works Trust Fund has approved our application ora loan for $4,196,056.00 to
construct a storm drainage system for the Cascade View neighborhood. Improvements to the
storm drains, water mains and street restorations will be included.
Recommendations:
Sponsor: Authorize Mayor to sign the loan agreement with Public Works Trust Fund.
Committee: Forward to COW and the Regular Council with approval.
Administration: Same as sponsor.
Cost Impact (if known): $4,196,056.00 loan at 1% per annum for a term of 20 years.
Fund Source (if known): 412 Fund Surface Water (pg. 112 2004 CIP)
Meeting Date Action
4/26/04
Meeting Date Attachments
4/26/04 Information Memo dated April 14,. 2004
Loan Agreement with Public F~orks Trust Fund
Utility Committee Meeting Minutes from .4pri120, 2004
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Direct~
Date: April 14, 2004
Subject: Cascade View Drainage Imurovements
Public Works Trust Fund Loan Acceptance
issuE.
In May 2003, the City of Tukwila Public Works Depa~huent applied for a $4,196,056 Public
Works Trust Fund loan to construct neighborhood improvements for the Cascade View area of
Tukwila. This loan was recently approved by the Governor and now awaits formal acceptance
by the City.
BACKGROUND
Design of the Cascade View drainage and roadway improvements is underway and is
scheduled to be completed by the end of the year. Construction is anticipated to begin in early
2005.
Estimated Proiect Costs Fundin~ Sources
Preliminary Engineering $ 515,000 CDBG Grants $ 306,715
Construction 3,450,000 PWTF Design Loan (5 yr) 100,000
Construction Engineering 690,000 City Revenue 466,229
Contingency 414,000 PWTF Loan (20 yr) 4,196,056
Total $5,069,000 Total $5,069,000
The PWTF loan is for $4,196,056 at 1% interest per annum over 20 years.
RECOMMENDATION
Forward to Council with the recommendation tO accept the loan from the Public Works Trust
Fund for the Cascade View Drainage Improvemant~.
RL:ad
attacluaent: Loan Agreement with PWTF
file: 00-DR06.2
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW-04-691-070
CITY OF TUKWILA
PART I: ENrI1RE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists often pages and two attachments. An attachment
to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of lo~al project
activities, certification of the project's useful life, and identification of estimated project costs and fund
sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In
addition, ATTACHMENT II: ATTORNEY'S CEKTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVEPdffMENT have executed this agreement as of the
date and year last written below.
PUBLIC WORKS BOARD LOCAL GOVERNMENT
John LaRocque, Executive Director Signature
Public Works Board
Print Name
Date Title
APPROVED AS TO FORM ONLY Date
This 17t~' Day of Mamh, 2003
Christine O. G~egoire ~ \ -- {°OO \ S ~ c~
Attorney General' Federal Taxpayer Identification Number
By: Signature on File
Jeanne A. Cushman
Assistant Attorney General
Page 1
2004 PWTF Constrdction Loan Agreement
pART H: INTRODUCTION
This loan agreement is made and entered into by and betwcan the PUBLIC WORKS BOARD, or its
successor, (referred to as thc "BOARD"), a department of the state of Washington, and CITY OF
TUKWILA (referred to as the LOCAL GOVERNMENT ).
Acting under the anthofity of Chapter 43.155 RCW, the BOARI) has selected the LOCAL
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE,
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHlvlENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $4,196,056.00. The interest rate shall be one percent (1%) per annum
on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment
due July 1, 2024.
4.02 Local Pr<Yect Share
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than ten percent
00%) of the total eligible portion of the project cost not funded by federal or state grants as identified in
ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project clone-out. Any change in the
percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged,
or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to
project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months prior to the execution of the loan agreement and verified at the time of project
close-out.
PUBLIC WORKS TRUST FUND MONIES.MAY NOT BE USED TO REIMBURSE THE LOCAL
-GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION O-F THIS LOAN
AGREEMENT.
Page 2
2004 PWTF Construction Loan Agr~m=nt
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection and loan
repayment. If funds are not available at the time the invoice is submitted, or when the agreement is
executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants
shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL
GOVERNMENT while undertaking and administering approved project activities in accordance with
ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed
ninety percent (90%) of the eligible actual project costs. The disbursement of loan proceeds shall be
initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds
will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days of the formal execution of this agreement, a sum not to exceed twenty percent (20%)
of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed, which follows the formal award of a
construction contract, or contract for engineering services, a sum not to exceed twenty five percent (25%) of
the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 60% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
At the time of projent completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of ninety
percent (90%) of the eligible project costs or the total of $4,196,056.00 whichever is less. The Close-out
Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and
local share.
In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT
has received Public Works Trust Fund monies in excess of ninety percent (90%) of eligible costs, all funds
in excess of ninety percent (90%) shall be repaid to the Public Works Assistance Account by payment to the
Department of Community, Trade and Economic Development, or its successor, within thirty (30) days of
submission of the Close-out Report.
Page 3
2004 pWTF Construction Loan Agreement
4.04 Interest Earned on Public Works Trust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue
to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan.
2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK
estimates, if there is an overrun of project costs.
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or
any other method meeting generally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement execution, and reach pioject completion no later
than forty-eight (48) months after the date of agreement execution.
Failure to perform with/n the time frame described in the preceding paragraph may constitute default of this
agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in
writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds
vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 2005, and subsequent installments are due on
July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of
interest only at the rate of one percent (1%) per annam, calculated on a 360-day year of twelve 30-day
months, applied to funds received. Interest will begin to accrue from the date each warrant is issued to the
LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the
loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount
sufficient to bring the loan balance to zero.
The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and
the right to rel~ay at a faster rate than is provided in this agreement,.provided that any such payment must
equal or exceed the principal amount normally due on an annual basis.
Page 4
2004 PWTF Construction Loan Agr~ment
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the
use of a check, money order, or equivalent means made payable to the Department of Community, Trade
and Economic Development, or its successor, and sent to:
Department of Community, Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
~t Account
The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan
Security. The name ofthe fund, account, orsub-accountshallbe:-St~C-'~;qC-~" ~0x.[~'~'~.. ','~tq',~<~ .
4.08 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment
not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall
be assessed a daily penalty beginning' on the thirty*first (31) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on
a 360-day year for the delinquent amount.
The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S fight, upon delinquency in
the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the
LOCAL GOVERNMENT of such delinquency including, without limitation, the state government and
the United States of America or its agencies, credit rating agencies, and the municipal finance market.
The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in
any action undertaken to enforce its rights under this section.
Page 5
2004 PW'rF Construction Loan Agreement
4.09 Loan~
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option.
1. ~ General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT.
OR
2. Revenue Obligation: This option may be used only if the entire project is a domestic
water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing
a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm
sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water,
sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of
the utility system indicated below. Payments shall be made from the net revenue of the utility after the
payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the
utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
Please choose and initial one of the following utility systems:
. Water~
~ Sanitary Sewer (Wastewater)
Stormwater
Water/Sanitary Sewer
Stormwater/Sanitary Sewer ~
Solid Waste
OR
3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL
GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement
District, Local Utility District or other similar special assessment district in which the improvements
financed by this loan are located. The name of the special assessment district is
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due~ and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under
this agreement.
Page 6
2004 pWTF Construction Loan Agreement
4.10 Reeordkeeping and Access to Reco. rd~
The BOA_RD, the BOARD's agents, and duly authorized officials of the State shall have full access and the
right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project close-out. If any litigation, claim or audit is started before the
expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.11 Report~
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissigns of the LOCAL
GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Amendments, Modifications, andWaivers
Except for an inereas~ in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for
extending the time of performance as provided for in Section 4.05. No modificati9n or amendment resulting
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved
in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may he waived unless, approved by the BOARD in writing.
4.14 Termination for Cause
If the LOCAL GOYERNMENT fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: 'SCOPE OF WORK, the BOARD may
terminate the agree, men[ i.n who~l.e. Or~lI~ pa.rt a[any~tlse..._T}}e,~B~Al~.~s~h~al 1
GOVERN1vIENT in writing oI lis aetermlnanon to termmam, tn~ t~a~,s, ,
._ effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT °bligafi°ns
to repay the unpaid balance of the loan.
Page 7
2004 pWTF Construction Loan Agreement
4.15 Termination For Convenience
The BOARD may terminate this agreement in the event that federal or state funds are no longer available
to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to
repay the unpaid balance of the loan.
4.16 Governing Law and Venue
This agreement shall be construed and enforced in accordance with, and the validity and performance hereof
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is
entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW).
4.17 Severability
If any provision under this agreement or its application to any person or circumstances is held invalid by any
court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be
given effect without the invalid provision.
4.18 Proiect Completion
The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the
activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL
GOVERNMENT will provide the following information to the BOARD:
1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the
project as described.
2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is
complete and has been designed/constructed to required standards.
3. Certification that all costs associated with the project have been incurred. Costs are incurred when
goods and services are received and/or contract work is performed.
4. Provide a dfite for reporting LOCAL GOVERNMENT conformance with the performance
measures identified in ATTACHMENT I: SCOPE OF WORK.
Page 8
2004 PW'rF Construction Loan Agreement
4.19 Project Close-Out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with
the Close-out Report, a request for a sum not to exceed the final five percent (5%) of the loan amount. This
disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT
shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and
the Department of Labor & Industries requirements.
4.20 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
4.21 Project Si~ns
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financially in the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund aS a participant in the project.
4.22 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
4.23 Historical and CultUral Artifacts
The LOCAL GOVERNMENT agrees that if historical or cultural artifact~ are discovered during
construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at the Washington State Office of
Archeology and Historic Preservation.
The LOCAL GOVERNMENT shall require this provision to be contained in all con~'acts for work or
services related to ATTACHMENT ONE: SCOPE OF WORK.
Page 9
2004 pWTF Construction Loan Agreement
PART V: SPECIAL ASSURANCES
The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the following:
5.01 KCW 43.155.060
The LOCAL GOVERNMENT shall comply with thc provisions of RCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund
program.
5.02 WAC 399-30-030(3~
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs
for projects assisted with Public Works Trust Fund loans.
5.03 Assignment
Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the
LOCAL GOVERNMENT without prior written consent of the BOARD.
Page 10
2004 PWTF Construction Loan Agreement
J e~'
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN
ATTACHlV[ENT 1: SCOPE OF WORK
LOAN NUMBER: PW-04-691-070
CLIENT NAME: City of Tukwila
PROJECT NAME: Cascade View Drainage Improvements
1. Provide a clear description of the project to be financed in part by a Public Works ~mst
Fund loan. (Attach additional sheets if necessary):
This project will construct drainage and roadway improvements within the Cascade View
neighborhood. These improvements will consist of the following elements:
· A new storm sewer system and under-drains along approximately 7,000 linear feet of
public roadways.
· Provide storm sewer stub-outs to the edge of the public right-of-waY to each private
parcel and require that the residents connect roof drains, sump pumps, and other
private drainage features to them.
· Replace approximately 15,000 linear feet of curb, gutter, and sidewalks.
· Repair approximately 11,000 square yards of failing pavement.
· Resurface approximately 21,00.0 square yards of roadway.
· Provide water quality treatment'through the use of Vortex, Stormceptor, or other
similar water quality devices.
· Return base flows to Southgate Creek.
2. Identify the project's performance measures. (Attach additional sheets if necessary.)
By the completion of the construction of this project, the number of residents experiencing
the effects of severe ground water problems will be reduced from 90% to-less than 10%.
Severe groundwater problems are defined as visible damage (molds, standing water, etc.)
within homes .and/or unusable portions of the surrounding property.
3. The term of this loan will be based on an engineer's certification of the expected useful life of
the improvements, as stated below, or 20 years, whichever is less. If the local government
prefers the term of its loan to be less than either 20 years or the useful life of the
improvements, the preferred loan term should be indicated: 20 years.
4. I, Ryan D. Larso~, licensed engineer, certify that the average expected useful life for the
improvem~n~fscribe/.~ bove is 40 years. .
Signed: ~/~//~/"~ :,gz)'~-~',~/
/
Date: 1/14/2004
Telephone: 206~2456
C:~Doeuments and Settings~Ryan-L~Desktop~Scope_of_work.doc
Scope of Work
Page Two
Loan Number: PW-04-691-070
Estimated Prelect Costs:
Total Costs
Engineering $ 490,000
Environmental Review $ 20,000
Land/R-O-W Acquisition $ 0
Public Involvement/Information $ 5,000
Other Fees $ 0
Construction $ 3,450,000
Construction Inspection $ 690~000
Contingency ( 10 % of Const.) $ 414,000
1. Other (Specify) $
2. Other (Specify) $
TOTAL ESTIMATED COSTS $ 5,069,000
Anticipated Fund Sources:
A. Federal Grants CDBO $ 306,715
State Grants $
B. Locally Generated Revenue
General Funds $
Capital Reserves $
Other Fund - Enterprise Fund $ Storm Utility ' $466,229
Rates $
Assessments $
Special Levies · $
Federal Lean(s) from: (identify all)
$
State Loan(s) from: (identify all) Pre-Const. $100,000
$
$
Other: (identify sources)
$
$
TOTAL LOCAL REVENUE $ $566,229
C. PUBLIC WORKS TRUST FUND LOAN $ ~ 4,196,056
C:\Documents and Settings\Ryan-L~Desktop\Scope_of_work.doc
Scope of Work
Page 3
Loan Number: PW-04-691-070
Calculating Local Percentage:
Notes: 1. Grant funds cannot be counted as local match.
Calculate as follows:
$566,229
$4,196,056 + $566,229 - Local Percentage 11.89%
The local contribution must be at least:
Five percent (5%) for a loan interest rate of 2%
Ten percent (10%) for a loan interest rate of 1%
Fifteen percent (15%) for a loan interest rate of 0.5%
P:~PROJECTS~A- DR Projects\00dr06 (Cascade View)\Trust fund Scope_oLwork.doc
PUBLIC WORKS TRUST FUND
ATTACHMENT I1: ATTORNEY'S CERTIFICATION
I, , hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly
appointed attorney of the
(the LOCAL GOVERNMENT); and
I have also examined any and all documents and record which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The LOCAL GOVERNMENT is a public body, properly constituted and operating
under the laws of the State of Washington, empowered to receive and expend
federal, state and local funds, to contract with the State of Washington, and to
receive and expend the funds involved to accomplish the objectives set forth in their
application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund
financial assistance and to provide for repayment of the loan as set forth in the loan
agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or
comPletion of the above-described public facilities project or to enjoin the LOCAL
GOVERNMENT from repaying the Public Works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a
party to litigation which will materially affect its ability to repay such loan on the terms
contained in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the LOCAL GOVERNMENT.
Signature of Attorney Date
Name
Address
T:\Contracting\CONTRAC'~Attcert.doc
Utilities Commi.ttee
April 20, 2004
Present: Para Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, Bob Giberson, Gail Labanara, Ryan Larson, Mike
Cusick, Rebecca Fox, Pat Brodin, Lucy Lautorbach
1. Waste Reduction and Recycling Grant Interlocals Rebecca said the City receives grants from
both King County Solid Waste and the State Department of Ecology (DOE). She had outlined how the
$77,575 grant from King County would be spent over two years. It covers special recycling for hard-
to-recycle goods such as batteries and electronic equipment, and for compost and worm bin sales to
residents. The majority of funds go to aid business recycling, which accounts for 75% of the City's
waste. Funding from the County (and State) has been decreasing each cycle. DOE's two-year grant is
for $14,487, and requires a 25% match, which will be provided by the King County grant funds. It will
also be spent on worm and compost bin sales, and for business recycling. There are two agreements,
one for each grant. Recommend both agreements for Mayor's signature to COW and Regular
Meeting.
2. Cascade View Public Works Trust Fund Loan Acceptance The City asked for a loan of
Works Trust Fund, and will receive it. The funds will be used to construct
$4,196,056
from
the
Public
the Cascade View drainage improvements. The City's contribution to the project is $466,229 and using
other grants and loans as well will make a total $5.1 million cost. The loan is for 20 years at a 1% rate.
Later in the meeting Dennis expressed some concern over how this loan repayment would affect
general fund revenues. Staff stated almost all of the project would be paid from the utility funds, as
pipes for water, sewer and surface water are under sidewalks and the road so repairs would be
considered restoration. The general fund would pay for road improvements if roads were the main
project. Recommend loan acceptance to COW and Reeular Meetines.
3. Cascade View Drainage Public Meeting Ryan showed some drawings of proposed street
changes that might be made in Cascade as improvements are built. Staff said car speeds were one of
the neighborhood's biggest problems. Staff is considering building comer bulbouts at intersections to
define intersections and slow traffic. The road will appear to be narrower, though it will have a wider
pavement area. If cars are parked on the roadway, traffic may slow because of the apparent nearness of
cars. Trees may be added, though Ryan was hesitant to put trees in where they're trying to get rid of
surface water. Pam L said staffhas been extremely patient and helpful thus far, and thanked them. Jim
M said there will be one more open house when designs are 90% complete. Information.
4. Allentown/Foster Point Water and Sewer Loan The City applied for and has received a Public
Works Trust Fun (PWTF) loan for sewers in Allentown and Foster Point. This loan is for $5.7 million,
and has a 2% rate for 20 years. Jim M raised the issue of Metro connection fees increasing 58% at the
first of the year.' He is interested in trying to alert residents they should sign up for Metro KC
connections this year to avoid the increase, though they won't acthaily connect until 2005. The
Committee members agreed that would be a good move. Recommend loan acceptance to COW and
Regular Meetings.
5. First Quarter Reports Jim passed out new copies of the quarterlies. The Committee was
impressed that staff already cleaned out most of the City pipes. Information.
~?~o, Committee chair approval
O COUNCIL AGENDA SYNOPSIS l 1
Initials- ITEM NO.
Prepared by Council rqview
Meeting Date MCc~ Mayor's review
4/26/04
CAS Number: 04-061 I Original Agenda Date: April 26, 2004
Agenda Item Title: Accept Public Works Trust Fund loan of $5,700,000.00 for construction of
AllentOwn/Foster Point Water & Sewer Project.
Original Sponsor: Council .4drain. Public Works
Timeline:
Sponsor's Summary: The Public Works Trust Fund has approved our application of a loan for $5,700,000.00 to
construct water, sewer, and storm water improvements for the Allentown and Foster Point
neighborhoods.
Recommendations:
Sponsor: Authorize Mayor to sign the loan agreement with Public Works Trust Fund.
Committee: Forward to COW and the Regular Council with approval.
Administration: Same as sponsor.
Cost Impact (if known): $5,700,000.00 loan at 2% per annum for a term of 20 years.
Fund Source (if known): Water (403.01), Sewer (403.02), and Surface Water (412)
Meeting Date Action
4/26/04
Meeting Date Attachments
4/26/04 Information Memo dated April 12,.2004
Loan Agreement with Public tVorl~ Trust Fund
Utility Committee Meeting Minutes from April 20, 2004
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directo~(~h
Date: April 12, 2004
Subject: Allentown/Foster Point Water and Sewer Project
Public Works Trust Fund Loan Acceptance
ssu .
In May 2003, the City of Tukwila Public Works Department applied for a $5,700,000 Public
Works Trust Fund (PWTF) loan to construct neighborhood water and sewer improvements for
the Allentown and Foster Point areas of Tukwila. This loan was recently approved by the
Governor and now awaits formal acceptance by the City.
BACKGROUND
Design of the Allentown/Foster Point Water and Sewer Improvements Project - Phase 2 is
nearly complete. The Allentown and Foster Point neighborhoods anxiously await the
completion of these much needed improvements. Current estimated costs for Phase 2 are:
Construction, Contingency, and Taxes $5,400,000
Land Acquisition 125,000
Construction Management Engineering 475,000
TOTAL $6,000,000
The PWTF loan is in the mount of $5,700,000 at 2% interest per annum over 20 years.
The City of Tukwila is contributing $300,000 in local funds toward the project. The total
funding is $6,000,000 for the project.
RECOMMENDATION
Forward to Council with the recommendation to accept the loan from the Public Works Trust
Fund for the Allentown/Foster Point Water and Sewer project.
MC:lw
attachment: Loan Agreement with PWTF
file: 95-SW02.2
PUBLIC WORKS TRUST FUND
CONSTRUCTION LOAN AGREEMENT
NUMBER PW-04-691-069
CITY OF TUKVsrILA
PART I: ENTIRE AGREEMENT
This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC
WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or
oral, shall be deemed a part thereof. This contract consists often pages and two attachments. An attachment
to tiffs agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project
activities, certification of the projectts useful life, and identification of estimated project costs and fund
sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In
addition, ATTACHMENT I/: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this
agreement.
The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the
date and year last written below.
PUBLIC WORKS BOARD LOCAL GOVERNMENT
John LaRocque, Executive Director Signature
Public Works Board
Print Name
Date Title
APPROVED AS TO FORM ONLY Date
This 17a' Day of March, 2003 ~ [-- {o (.~(~ ~.~ ~ c~
Christine O. Gregoire
Attorney General. Federal Taxpayer Identification Number
By: Signature on File
Jeanne A. Cushman
Assistant Attorney General
Page I
2004 P~hrl'F Construction Loan Agreement
PART II: INTRODUCTION
This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its
successor, (referred to as the "BOARD"), a department of the state of Washington, and CITY OF
TUKWILA (referred to as the "LOCAL GOVERNMENT").
Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL'
GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project.
PART III: PURPOSE
The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public
works project that furthers the goals and objectives of the Washington State Public Works Trust Fund
Program. The project will be underthken by the LOCAL GOVERNMENT and will include the activities
described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with
PART IV: TERMS AND CONDiTIONS, and all applicable state and local laws and ordinances, which by
this reference are incorporated into this agreement as though set forth fully herein.
PART IV: TERMS AND CONDITIONS
The parties to this agreement agree as follows:
4.01 Rate and Term of Loan
The BOARD, using funds appropriated from ~ Public Works Assistance Account, shall loan the LOCAL
GOVERNMENT a sum not to exceed $5,700,000.00. The interest rate shall be two percent (2%) per
annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final
payment due July 1, ¢024.
4.02 Local Pro'eot Share
The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than five percent
(5%) of the total eligible portion of the project cost not funded by federal or state grants as identified in
ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project cio§e-out. Any change in the
pomentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged,
or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement
adjusting the loan amount or interest rate, as appropriate.
Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to
project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up
to twelve (12) months prior to the execution of the loan agreement and verified at the time of project
close-out.
PUBLIC WORKS TRUST FUND MONIES. MAY NOT BE USED TO REIMBURSE TH~ LOCAL
"GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN
AGREEMENT.
Page 2
2004 PWTF Construction Loan Agreement
4.03 Disbursement of Loan Proceeds
The availability of funds in the Public Works Assistance Account is a function of tax collection and loan
repayment. If funds are not available at the time the invoice is submitted, or when the agreement is
executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds, warrants
shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL
GOVERNMENT while undertaking and administering approved project activities in accordance with
ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed
ninety five percent (95%) of the eligible actual project costs. The disbursement of loan proceeds shall be
initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds
will be disbursed to the LOCAL GOVERNMENT as follows:
Within thirty (30) days Of the formal execution of this agreement, a sum not to exceed twenty percent (20%)
of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
Within thirty (30) days of the execution of a Notice to Proceed, which follows the formal award of a
construction contract, or contract for engineering services, a sum not to exceed twenty five percent (25%) of
the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
When the LOCAL GOVERNMENT certifies that 60% of the Public Works Trust Fund loan amount has
been spent, a sum not to exceed twenty five percent (25%) of the approved Public Works Trust Fund loan
shall be disbursed to the LOCAL GOVERNMENT.
At the time of project completion, a Close-.out Report, (refer to Section 4.19 for Close-out Report), shall be
submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs.
The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of ninety five
percent (95%) of the eligible project costs or the total of $5,700,000.00 whichever is less. The Close-out
Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and
local share.
In the event that the fi~aal costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT
has received Public Works Trust Fund monies in excess of ninety five percent (95%) of eligible costs, all
funds in excess of ninety five percent (95%) shall be repaid to the Public Works Assistance Account by
payment to the Department of Community, Trade and Economic Development, or its successor, within
thirty (30) days of submission of the Close-out Report.
Page 3
2004 pWTF Construction Loan Agreement
4.04 Interest Eamed on Public Works Tiust Fund Monies
All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue
to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project.
Benefits shall accrue in one of two ways:
1. Reduce the amount of the Public Works Trust Fund loan.
2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK
estimates, if there is an overrun of project costs.
The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public
Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan
agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or
any other method meeting gengrally accepted accounting principles.
4.05 Time of Performance
The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF
WORK no later than three months after loan agreement execution, and reach project completion no later
than forty-eight (48) months after the date of agreement execution.
Failure to perform within the time frame described in the preceding paragraph may constitute default of this
agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in
writing, that the BOARD extend the deadline.for project completion. The BOARD may, by a two-thirds
vote, extend the deadline.
The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion,
unless terminated sooner as provided herein.
4.06 Repayment
The first loan repayment under this agreement is due July 1, 2005, and subsequent installments are due on
July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of
interest only at the rate of two percent (2%) per annum, calculated on a 360-day year of twelve 30-day
months, applied to funds received. Interest will begin to accrue from the date each warrant is issued to the
LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the
loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount
sufficient to bring the loan balance to zero.
The LOCAL GOVERNMENT has the right to repay ~e unpaid balance of the loan in full at any time, and
the fight to repay at a faster rate than is provided in this agreement, provided that any such payment must
equal or exceed the principal amount normally due on an annual basis.
Page 4
2004 PW'rF Construction Loan Agreement
The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the
use of a cheek, money order, or eqmvalent means made payable to the Department of Community, Trade
and Economic Development, or its successor, and sent to:
Department of Community, Trade and Economic Development
Administrative Services Division/Fiscal Unit
906 Columbia Street S.W.
P.O. Box 48300
Olympia, Washington 98504-8300
4.07 Repayment Account
The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan
Security. The name of the fund, account, or sub-account shall be
4.08 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment
not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall
be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on
a 360-day year for the delinquent amount.
The same penalty terms shall apply to delinquent repayment of funds paid in excess of eligible costs as
provided for in Section 4.03.
The LOCAL GOVERNMENT acknowledge§ and agrees to the BOARD'S right, upon delinquency in
the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the
LOCAL GOVERNMENT of such delinquency including, without limitation, the state govemment and
the United States of America or its agencies, credit rating agencies, and the municipal finance market.
The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in
any action undertaken to enforce its rights under this section.
Page 5
2004 PWTF Construction Loan Agreement
4.09 Loan Security
The LOCAL GOVERNMENT must select one of the following options for securing repayment of the
loan. Please initial the appropriate option.
1. X . General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT.
OR
2. Revenue Obligation: This option may be used only if the entire project is a domestic
water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing
a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm
sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water,
sanitary sewer, and storm sewer activities may not use this option.
This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of
the utility system indicated below. Payments shall be made from the net revenue of the utility after the
' payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the
utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus
expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to
issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and
charge of this loan agreement.
Please choose and initial one of the following utility systems:
Water
Sanitary Sewer (Wastewater)
Stormwater
Water/Sanitary Sewer
Stormwater/Sanitary Sewer
Solid Waste
OR
3. ~ Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL
GOVERNMENT pledges to repay this loan fi.om assessments collected fi.om a Local Improvement
District, Local Utility District or other similar special assessment district in which the improvements
financed by this loan are located. The name of the special assessment district is
Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan
repayments when due, and to adjust rates, fees, or surcharges, if n&eessary, to meet its obligations under
this agreement.
Page 6
2004 PWTF Construction Loan Agreement
4.10 Recordkeeping and Access to Records
The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the
right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the
LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT
may contract, involving transactions related to this project and this agreement.
The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a
period of six years from the date of project close-out. If any litigation, claim or audit is started before the
expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
4.11 Reports
The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish
thc BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to
this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other
matters covered by this agreement. Failure to file periodic reports as requested may result in termination of
this agreement as per Section 4.14.
4.12 Indemnification
The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and
the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or
all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL
· GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance
of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL
GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party.
4.13 Ame. ndrne~ta. Modifications, and Waivers
Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT
· may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for
extending the time of performance as provided for in Section 4.05. No modification or amendment resulting
in an extension of time shall take effect until a request in writing has been received and approved by the
BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved
in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or
provisions of this agreement may be waived unless approved by the BOARD in writing.
4.14 Termination for Cause
If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan
proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may
terminate the agreement in whole or in part at any time. The BOARD shall, promptly notify the LOCAL
GOVERNMENT in writing of its determination to terminate, the reason for such temxination, and the
.. effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations
to repay the unpaid balance of the loan.
Page 7
2004 pW'rF Construction Loan Agre~rnent
4.15 Termination For Convenience
The BOARD may temainate this agreement in the event that federal or state funds are no longer available
to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this
agreement. Termination will be effective when the BOARD sends written notice of termination to the
LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to
repay the unpaid balance of the loan.
4.16 Governing Law andVenue
This agreement shall be construed and enfomed in accordance with, and the validity and performance hereof
shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out
of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is
entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW).
4.17 Severability
If any provision under this agreement or its application to any person or circumstances is held invalid by any
court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be
given effect without the invalid provision.
4.18 Project Completion
The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the
activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL
GOVERNMENT will provide the following information to the BOARD:
1. A certified statement of the actual dollar mounts spent, fi.om all fund sources, in completing the
project as described.
2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is
complete and has been designed/constructed to required standards.
3. Certification that all costs associated with the project have been incurred. Costs are incurred when
goods and services are received and/or contract work is performed.
4. Provide a date for reporting LOCAL GOVERNMENT conformance with the performance
measures identified in ATTACFIMENT I: SCOPE OF WORK.
Page 8
2004 pWTF Construction Loan Agreement
4.19 Project Close-Out
In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with
the Close-out Report, a request for a sum not to exceed the final five percent (5%) of the loan amount. This
disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT
shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and
the Department of Labor & Industries requirements.
4.20 Audit
Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of
the State Auditor's Office in accordance with state law and any guidelines the Department of Community,
Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by
the LOCAL GOVERNMENT.
If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers
identifying those agencies participating financially in the approved project, the sign or marker must identify
the Washington State Public Works Trust Fund as a participant in the project.
4.22 Nondiscrimination Provision
During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and
state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the.Americans with Disabilities Act (ADA).
In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable
nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in
whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the
BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this
noncompliance.
4.23 Historical and Cultural Artifacts
The LOCAL GOVERNME/qT agrees that if historical or cultural artifacts are discovered during
construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local'
historical preservation officer and the state's historical preservation officer at the Washington State Office of
Archeology and I-listofic Preservation.
The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or
services related to ATTACHMENT ONE: SCOPE OF WORK.
Page 9
2004 pWrF Construction Loan Agreement
pART V: SPECIAL ASSURANCES '
The LOCAL GOVERNMENT assures compliance with ail applicable state and local laws, requirements,
and ordinances as they pertain to the design, implementation, and administration of the approved project.
Of particular importance are the following:
5.01 RCW 43.155.060
The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive
bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund
program.
5.02 WAC 399-30-030(3)
The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs
for projects assisted with Public Works Trust Fund loans.
5.03 Assignment
Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the
LOCAL GOVERNMENT without prior written consent of the BOARD.
Page 10
2004 PWTF Construction Loan Agreement
PWL c womts tRYSt
CONSrRocx oNq
A~AC~ 1: SCOPE OF WO~
PW~04-691-069
~LA
~IG~O~OOD ~T~IZA~ON
1. Provide a cle~ description of the project to be fin~ccd in p~ by a Public Wor~ T~st Fund loan.
(A~oh additional shee~ if necessa~):
~e Ci~ of ~ila's Nei~borhood Revitatimtion- Allento~ ~d Foster Po~t Sewer Systems ~oject is ~e
desi~ ~d cons~c~on of w~tawater pmp~g facilities, force ma~s ~d 14,100 l~eal feet of 8" ~viW sewer
ma~s. ~ p~ p~osa of~e project is to replace 60+ ye~ old fail~g septic ~s. ~e project will
~clude:
Sewer ma~ ~llation along AHento~ nei~borhood s~ee~ on S 1~ from 42"0 to 50* Place.
Loca~on of a li~ s~tion at ~e sou~ end of S 124~ to semite ~e Allento~ nei~borhood.
S~eet wid~g wi~ ditch ~d sto~ &a~ ~provemen~.
New catch bm~s.
Water l~o ~provem~ to meet f~e flow ~lations.
Sew~ m~ ~t~lation ~ 56~ Ave. Sou~ from ~te~ to ~ BN ~iffoad ~acks, S 133a St. ~d
P~ela ~.
~ Lift s~on m prop sewage from Foster P0~t back to ~e exist~g sewer ~ ~te~b~ Avenue.
~ Curbs, guaers, ~d sidewa~ ~ong 42~ Avenue Sou~.
2. Ident~ ~e project's peffo~ce me,urea. (A~ch additional shee~ ifnecess~.)
Sea~l~ K~g Co~ Heal~ Dep~ent records ~dicate ~ere ~e 152 exist~g septic ~s ~ ~e Foster Po~t
~d Allento~ nei~borhoo&. ~ou~ May of 2002, ~e He~ Dep~ent had 39 doomented compla~
~ ~e ~o nei~borhoo& for odor ~d system problems. ~ CiW will gquffe residenm wi~ problem septic
systems to co~ect to ~e s~ sewer system wi~ one ye~ after ~e new sew~ system be~g ~Hed. At
· e end of five ye~ after ~e ~oject is complete, ~e public smi~ sewe~ will elevate 50% of~e exis~g
septic ~s ~ ~e ~o nei~borhoo~, ~us reduc~g the rele~e of sewage ~to ~e he,by Duw~ish ~ver.
3. ~e te~ of~is lo~ will be based on ~ en~neer's ce~ification of~e expected use~l life of~e
improvement, ~ ~ted below, or 20 ye~s, whichever isless. If thc local gove~ent prefers ~e
te~ ofi~ lorn to be less ~m eiffier 20 ye~s or ~e use~l life of~e improvement, ~ prefe~ed
lo~ te~ should bo indicated: 20 ye~.
4. I, Michael P. Cusick , licensed engineer, ce~i~ that ~e average expected use~l life for ~e
~provemen~ de~fi~d above is 20 ye~s.
Telephone: (20~ 431-2441 &*C ~O~z ZOla~ '
p:~Laude - Ad min~vlike~S co pe_of_wo rk 020204.doc
Scope of Work
Page Two
PW-04-691-069
Estimated Prelect Costs:
Total Costs
Engineering $ 30,000
Environmental Review $ '
Land/R-O-W Acquisition $ 125,000
Public Involvement/Information $
Other Fees $
Construction $ 4,768,182 :
Constructior~ Inspection $ 476,818
Contingency ( 12.58 %) $ 600,000
1. Other (Specify) $
2. Other (Specify) $
TOTAL ESTIMATED COSTS $ 6,000,000
.Anticipated Fund~Sources:
A. Federal Grants $ -0-
State Grants $ -0~
B. Locally Generated Revenue ..
General Funds $ '
Capital Reserves $
Other Fund- Sewer, Water and Surface
Water Enterprise Funds $ 300,000
Rates $
Assessments $
(LTD, PaD, UL1D)
Special Levies $
Federal Loan(s) from: (identify all)
$
$
State Loan(s) from: (identify all)
$
$
Other: (identify sources)
$
$
TOTAL LOCAL REVENUE $ 300,000
-- C. PUBLIC WORKS TRUST FUND LOAN $ 5,900,000
P:~aurie * Admin~Vtike~Sco pe_of...wo rk 020204.doc
Scope of Work '
Page 3
PW-04-691-069
Calculating Local Percentage.'.
Notes: 1. Grant funds cannot be counted as local match.
Calculate as follows:
300,000
5,700,000 + 300,000 = Local Percentage
The local contribution must be at least:
Five percent (5%) for a loan interest rate of 2%
Ten percent (10%) for a loan interest rate of 1%
Fifteen pement (15%) for a loan interest rate of 0;5%
p:~Laurie - Ad minMike~S cope._o f_wo rk 020204.doc
PUBLIC WORKS TRUST FUND
ATTACHMENT I1: ATTORNEY'S CERTIFICATION
I, , hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly
appointed attorney of the
(the LOCAL GOVERNMENT); and
I have also examined any and all documents and record which are pertinent to the loan
agreement, including the application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The LOCAL GOVERNMENT is a public body, properly constituted and operating
under the laws of the State of Washington, empowered to receive and expend
federal, state and local funds, to contract with the State of Washington, and to
receive and expend the funds involved to accomplish the objectives set forth in their
application.
2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund
financial assistance and to provide for repayment of the loan as set forth in the loan
agreement.
3. There is currently no litigation in existence seeking to enjoin the commencement or
completion of the above-described public facilities project or to enjoin the LOCAL
GOVERNMENT from repaying the Public Works Trust Fund loan extended by the
DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a
party to litigation which will materially affect its ability to repay such loan on the terms
contained in the loan agreement.
4. Assumption of this obligation would not exceed statutory and administrative rule debt
limitations applicable to the LOCAL GOVERNMENT.
Signature of Attorney Date
Name
Address
T:~Contracting\CONTRAC'r~Attcert. doc
Utilities Commi.ttee
April 20, 2004
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, Bob Giberson, Gall Labanara, Ryan Larson, Mike
Cusick, Rebecca Fox, Pat Brodin, Lucy Lauterbach
1. Waste Reduction and Recyellng Grant Interloeals Rebecca said the City receives grants from
both King County Solid Waste and the State Department of Ecology (DOE). She had outlined how the
$77,575 grant from King County would be spent over two years. It covers special recycling for hard-
to-recycle goods such as batteries and electronic equipment, and for compost and worm bin sales to
residents. The majority of funds go to aid business recycling, which accounts for 75% of the City's
waste. Funding from the County (and State) has been decreasing each cycle. DOE's two-year grant is
for $14,487, and requires a 25% match, which will be provided by the King County grant funds. It will
also be spent on worm and compost bin sales, and for business recycling. There are two agreements,
one for each grant. Recommend both agreements for Mayor's signature to COW and Regular
Meeting.
2. Cascade View Public Works Trust Fund Loan Acceptance The City asked for a loan of
$4,196,056 from the Public Works Trust Fund, and will receive it. The funds will be used to construct
the Cascade View drainage improvements. The City's contribution to the project is $466,229 and using
other grants and loans as well will make a total $5.1 million cost. The loan is for 20 years at a 1% rate.
Later in the meeting Dennis expressed some concern over how this loan repayment would affect
general fund revenues. Staff stated almost all of the project would be paid from the utility funds, as
pipes for water, sewer and surface water are under sidewalks and the road so repairs would be
considered restoration. The general fund would pay for road improvements if roads were the main
project. Recommend loan acceptance to COW and Reeular Meetings.
3. Cascade View Drainage Public Meeting Ryan showed some drawings of proposed street
changes that might be made in Cascade as improvements are built. Staff said car speeds were one of
the neighborhood's biggest problems. Staffis considering building comer bulbouts at intersections to
define intersections and slow traffic. The road will appear to be narrower, though, it will have a wider
pavement area. If cars are parked on the roadway, traffic may slow because of the apparent nearness of
cars. Trees may be added, though Ryan was hesitant to put trees in where they're trying to get dd of
surface water. Para L said staff has been extremely patient and helpful thus far, and thanked them. Jim
M said there will be one more open house when designs are 90% complete. Information.
4. Allentown/Foster Point Water and Sewer Loan The City applied for and has received a Public
Works Trust Fun (PWTF) loan for sewers in Allentown and Foster Point. This loan is for $5.7 million,
and has a 2% rate for 20 years. Jim M raised the issue of Metro connection fees increasing 58% at the
first of the year.' He is interested in trying to alert residents they should sign up for Metro KC
connections this year to avoid the increase, though they won't acthally connect until 2005. The
Committee members agreed that would be a good move. Recommend loan acceptance to COW and
Re_~_J.ar Meetiw,s.
5. First Quarter Report~.. Jim passed out new copies of the quarterlies. The Committee was
impressed that staff already cleaned out most of the City pipes. Information.
~,~, Committee chair approval
Q COUNCILAGENDASYNOPSIS J
........................ In¢ials ................... ITEM NO.
Meeting Date Prepared by Mayor's review Council re¥iew
4/26/04 /'/ .
ITEM INFORMA'flON
CAS Number: 04-062 I Original Agenda Date: 4/26/04
Agenda ztem Title: A resolution changing a portion of Fort Dent Way to Starfire Way.
Original Sponsor: Council Admin. x
Timeline: Starfire is anxious to be assigned an address
Sponsor's Summary: Starfire's new building needs to have an address, and that is easiest to be done once
the portion of Fort Dent Way they are on receives a new name. They prefer the
name Starflre Way, and the Fire Marshall supports the change.
Recommendations:
Sponsor: Adopt the resolution
Committee: Community and Parks recommended the renaming
Administration: Same as sponsor
Cost Impact (if
knnwn3:
Fund Source (if known)
RECORD OF COUNCIL ACTION
Meeting Date Action
4/26/04
APPENDfCES
Meeting Date Attachments
4/26/04 Memo from L Lauterbach 4/16/04
Map of road
ResoluUon to rename a portion of Fort Dent Way
Community and Parks minutes 4/13/04
To: City Council
From: Lucy Lauterbach
Date: April 16, 2004
Subject: Fort Dent Way Name Change
One more time, we need a new street address and therefore we need to change the name of a
portion of Fort Dent Way. Where the street tums left (north) over the bridge to go to the sports
fields and the new Starfire Sports facility is the part of the street that needs to be renamed, and
the logical name is Starfire Way.
The Fire Marshall found when Starfire applied for an address for their new building, there wasn't
an address that the building could use unless they had a ½ added to their address, which the Post
Office discourages. A better solution is to rename the part of the road that tums over the bridge
to the new sports center, Starfire Way.
The Community and Parks Committee recommended this change at their April 13th meeting.
Starfire Way
Map
A RESOLUTION OF THE (ZI'I'Y COUNCIL OF THE CI'I'Y OF TUKWILA,
WASHINGTON, CHANGING THE NAME OF A PORTION OF FORT
DENT WAY TO STARFIRE WAY.
WHEREAS, Fort Dent Way serves as a road to enter the park formerly n~amed Fort
"~ Dent Park; and
~':~:'! '. WHEREAS, several businesses on Fort Dent Way have already been given addresses
: that make it difficult to add a new building address on that street; and
WHEREAS, Starfire Sports operates the fields and facilities, which includes the
majority of the former Fort Dent Park; and
WHEREAS, a Starfire Sports sport center and operations facility needs an address, and
the City of Tukwfla Fire Marshall has suggested Starfire be given an address on a street
with a different name than Fort Dent Way; and
WHEREAS, Fort Dent Way tums over a bridge, making Starfire Way a logical name
change from Fort Dent Way to Starfire Way;
NOW, THEREFORE, THE Cl'l ¥ COUNCIL OF THE CITY OF TUKWILA,
· - WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
· : Fort Dent Way, from the small bridge turning north into the Starfire Sports
complex, is renamed "Starf/re Way."
PASSED BY ~ CiTY COUNCIL OF TH~ CITY OF TUIC!NILA, WASHINGTON,
at a Regular Meeting thereof this day of ,2004.
~. A'I'I'.EST/AUTHENTICATED:
: Jim Haggerton, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:.
~Community and Parks
April 13, 20O4
3. Renaming a Portion of Fort Dent Way Don Tomaso discovered addressing the new
Starfire building was not possible to do in a logical manner. He suggested renaming the small
turn off of Fort Dent Way as Starfire Way. The Committee wanted to discuss Road or Way, but
Don said Starfire wants it to be Starfire Way. They are anxious for the change. Recommend
resolution to Regular Meeting.
~_~o~ittee chair approval
COUNCIL AGENDA SYNOPSIS
I.......................... l[titials .......................... ITEM NO.
~ Meeting; Date ' Prepared by Mayor's review Coujjcil re¥iew
' : · ITEM INFORMATION :
CAS Number: Original Agenda Date:
04-063 Apd126, 2004
Agenda Item Title: Recycling Grants--Interlocal Agreements
Original Sponsor: Council Admin. xx
Timeline:
The Recycling Program's residential and business assistance activities are completely grant-funded. No City funds
are used. Every two years, apply for and receive a grant from King County and a grant from Washington
Department of Ecology. In order to receive its funding, Tukwila is required to sign an interlocal agreement for
each grant. We request that the Council authorize the Mayor to sign the interlocal agreement as required.
Recommendations:
Sponsor: Authorize mayor to sign interlocal agreements
Committee: Refer to COW
Administration:
Cost Impact (if known): $92,062 (two-year total to be spent between 1/1/04 and 12/31/05)
Fund Source (if known): King County Solid Waste Division and Washington Dept of Ecology
.: :; :i':' :::' ) ;:: : RECORD OF COUNCIL ACTION
Meeting Date Attachments
4/26/04 Memo with interlocal agreements
To: Committee of the Whole .,
From: Rebecca Fox, Senior Planner ~4:
Sub j: Recycling Grants Interlocal Agreements
Date: April 21, 2004
Background:
Tukwila's recycling programs are entirely funded by grants; the Tukwila General Fund is
not used for these programs. Since the late 1990's, Tukwila has applied for and received
two grants to fund and implement our recycling and waste reduction assistance efforts.
One source of grant funds is the King County Solid Waste Division (Waste Reduction
Recycling grant a.k.a. "WRR grant") and the other source is the Washington Department
of Ecology (Coordinated Prevention grant a.k.a. "CPG grant"). Both grants cover the
period fi.om January l, 2004 through December 31, 2005.
Current Stares:
We have received our latest WRR and CPG grants. We need the City Council to
authorize the Mayor to sign the attached Interlocal Agreements, so that the Tukwila
Recycling Program can receive its funding for 2004 and 2005.
Waste Reduction/Recvcline Grant (W/RR~:
The WRR grant is for $77,575. (Appendix 1)We have budgeted $38,789 in both 2004
and in 2005.
The WRR ~ant funds will be allocated as follows:
· Special Residential Recycling Collection--S15,214 (approximately $7,607 to be spent
in both 2004 and 2005)
Two events to collect hard-to-recycle goods from Tukwila residents
· Non-residential Recycling--S58,515 (approximately $29~27 to be spent in both 2004
and 2005~
The majority of grant funding is allocated for assistance to businesses in reducing
waste, starting or improving a recycling program, and/or purchasing recycled
products. Special focus is on sites with property managem and multiple tenants,
including Westfield Southcenter Mall, and other property-managed locations.
· Residential Recycling--S3.849
This money will be used to provide the local match for sales of compost and worm
bins to Tukwila residents. The W/RR funding will be used as the required local
match for a Coordinated Prevention Grant (CPG) fi.om the Washington Department
of Ecology.
Coordinated Prevention Grant (CPG~:
Tukwila's has received $14, 487 fi.om Washington Department of Ecology for its total
two-year Coordinated Prevention Grant (CPG). (Appendix 2) In order to secure these
provide Tukwila's required local match as we have done in the past. The State grant
share ($14,847) plus our 25% local match equals the "maximum allowable cost" of
$19,796.
The CPG grant funds will be allocated as follows:
· Compost and Worm Bin Distribution--S15.796 (This sum includes both state and
local sources, and will be spent equally in 2004 and 2005~
Two events to distribute recycled plastic compost and worm bins to Tukwila residents
· Non-residential Recvclim,--$4.000 (This sum includes both state and local sources,
and will be spent equally in 2004 and 2005)
Assistance to businesses in reducing waste, starting or improving a recycling
program, and/or purchasing recycled products.
Action Requested:
Staff requests that the Utilities Committee forward this item to the Conunittee of the
Whole to authorize the Mayor to sign the Inteflocal Grant Agreement between Tukwila
and King County, and accept fimding for the Recycling Program.
AI'PENDIX 1
CONTRACT # D33536D
INTERLOCAL AGREEMENT
Between
KING COUNTY and the CITY OF TUKWILA ·
This Inteflocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a
City of Tukwila, a municipal corporation of the
political subdivision Of the State of Washington, and the -- · -
State of Washington, hereinaRer referred to as "County" and "City" respectively.
This Agreement has been anthodzed by the legislative body of each party as designated below:
King County Ordinance No. 2003-0462
City
pREAMBLE
King County Comprehensive S, olid Waste
King County and-the City of Tukwila adopted the 2001 In order to help meet these
Management Plan, which includes waste reduction and recycling goals·
goals, the King CountY Solid Waste Division has established a waste reduction and recycling grant
program for the cities that operate under the King County Comprehensive Solid Waste Management
Plan. This program provides funding to further the development and/or enhancement of local waste
reduction and recycling projects and for broader resource conservation projects that integrate w!th.waste
reduction and recycling programs and d~rect~o .' This grant program does not fund household hazardous
waste collection activities. Program eligibility and grant admnustratmn terms are dmcussed in the Grant
Guidelines, attached to this agreement as Exhibit B. Grant funding for this program is subject to the
yearly budget approval process of the King County Council2
Grant funding approved by the King County Council is available to all King County cities that operate
unde? the King County Comprehensive Solid Waste Management Plan. The City will spend its grant
funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit
A and incorporated herein by reference. The County expects that any information and/or experience
gained, through the grant program by the City will be generously shared with the County and other King
County cities.
I.' i~URPOSE
The purpose of this Agreement is to define the terms and conditions for funding to be provided to the
· · · ' outlined in
City of Tukwila by the County for waste reduction and recycling programs and/or services as
the scope of work and budget attached as Exhibit A.
1
H. RESPONSIBILITIES OF 'I~HE PARTIES
The responsibilities of the parties to this ,~greement shall be as follows:
A. ~he CiW.
1. FUnds provided to thc City by the County pursuant to this Agreement shall be used to provide
waste reduction and recycling programs and/or services as outlined in Exhibit A. The total
amoUnt of funds available from this grant in 2004 shall not exceed $38,789. The CitY
Understands that even though this agreement is two years in duration, funding for this program is
subject tO the yearly budget approval process of the King CoUnty CoUncil.
2; During'the two year grant program, thc City will submit a minimum of two, but no more than
eight, progress reports to the CoUnty in a form approved bY the County. Reports midst be signed
by a city official.' These reports will include:.
a) a description of each activity accomplished pertainin~ to the scope of work; and
b) reimbursement requests with either copies of invoices for each expenditure f°r which
reimbursement is requested or a financial statement, prepared by the city's finance
"depa~hc~ent, that includes vendor name, description of s~rvice, date of service, date
paid and check number.
If the City chooses to submit up to the maximum of eight (8) progress reports and requests for
reimbursement during the.two year gra~.t program, they shall be due to the CoUnty On the last day
of the month following the end of each quarter: April 30, July 30, October 3!, January 31 -
except for the final progress report and request for reimbursement' which shall be due by March
31, 2006.
If the City Chooses to submit the minimum oftwo'progress reports and requests for .'
reimbursement during the two year grant program, they shall be due to the CoUnty on Ianuary 31,
2005 mad March 31, 2006.
Regardless 0fthe u,~mber of progress reports the City chooses to subrmt, m order to secure
reimbursement, the City must provide in writing to the CoUnty by the 5u~ working day of each
· Jmauary, the dollar amoUnt of outstanding expenditures for which the City has not y.et. submitted;a.
reimbursement request..
3. The City shall submit a final report to the county which s,~mmafizes the work Completed under ..
th.o. grant program and evaluates the effectiveness of the projects'for which grant funds were
utilized, according to the evaluation methods specified in the scope of work. -The final report is
due within six months of completion of the project(s) outlined in the scope of work, but no later
than JUne 30, 2006.
4. If the City accepts funding through this grant program for the provision of Waste Reduction and
Recycling programs and projects for other incorporated ~reas of King County, the City shall
explain the relationship with the affected adjacent city or cities that allows for acceptance of this
funding and the specifics of the proposed programs and projects Within the scope of work
document related thereto.
5. The City shall be responsible fo~ following all applicable Federal, State and local laws,
ordinances, roles and regulations in the performance of wOrk described herein. The City assures
that its procedUres are consistent with laws· relating to public contract bidding procedures, and the
County neither, incurs nor assumes any responsibility for the City's bid, award or contracting
process.' · ~. .
During the performance of this Agreement, neither the C~ty nor any party subcontracting under
5.
the authority of this Agreement shall discriminate on the basis'of race, color, sex, religion,
nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or
physical handicap in the emPloYment or application for employment or in the administration or
delivery Of or access to services or any other benefits under this Agreement as defined by King
County Code, Chapter-12.16. ..
7. During the 1~erformance °f this Agreement' neither the City n°r any party subc°ntractm§ under '
the aUthority of this Agreement shall engage in unfair employment practices as defined by King
County Code, Chapter 12.18. The City shall comply fully with all. applicable federal, state and
local laws, ordinances,'executive orders and regulations that prohibit such discrimination. These
laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights
Act of 1964.
8. The City shall u~e recYCled paper f°r the Pr°ducti°n °f all Printed and ph°t°c°pied d°cuments
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products Wherever practical.
9. The City shall mainialn accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, tO ensure proper
accounting for ali project funds and compliance with this Agreement. All such records shall
sufficientlyand properly reflect all direct and indirect costs of any nature expended and service
provided in the performance of this Agreement.
· for a period of six (6) years after termination hereof unless
These records shall be maintmned
Permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County
and/or by federal 'or state officials as so authorized by !aw.
10. The C~ty shall mamta,n record of the use of any equipment that costs more than $500 and is
purchased with grant funds from King County for a total period of three (3) years. The records
shall bo compiled into a yearly evaluation report, a copy of which shall be submitted to King
County by March 31 of each year through the year 2008.
11. The City agrees to credit King County on al! printed materials provided bY the County, which
the City is duplicating, for distribution. Either King County's name and logo must appear on
King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will
credit King CoUntY for artwork or text provided by the County as follows: "artwork provided
courtesy of King CoUnty Solid Waste Division" and/or "text provided courtesy of King CoUnty
Solid Waste Division." ..
12. The City agrees to submit to the coUnty copies 0fali written materials which it pr°duc~s and/or
duplicates for local waste reduction and recycling project~ Which have been funded th~0ugh the
waste reduction and recycling grant program. Upon request, the .City agrees to provide the
County with a reproducible copy of any such Written materials and authorizes the County to
duplicate and distribute any written materials so produced, provided that the County credits the
City for the piece..
13. If the City accepts funding through this grant program f°r the provision of special recyqling
collection events for adjacent areas of nnincorporated King County, the City shall send
announcements of the events to all residences listed in the carrier routes provided by King
County. The announcements and all other printed materials related to these events shall
acknowledge King County as the funding source.
14. The City understands'that funding for special recycling Collection'events.for adjacent areas of
unincorporated King C°unty.will be allocated on a yearly basis subject t° the King County
Council,s yearly budget approval process and that pr°wsx° of funds for these events is not
guaranteed for the second year-of the grant program.
15. This project shall be administered by Rebecca Fox, Semor Planner, City of TuK-xvila, 6300
Southcenter Boulevard Tukwila, WA 98188; 206.431.368.3; ~tukwila.wa.._~_~us or
designee. '
B. The County:.
"' ' · · · ' n and recycling grant program.
1. The County shall admimster funding for the waste reductio
Funding is designated by city and is subject to the King County Council's yearly budget approval
process. Provided that the funds are allocated through the King County Council's'yearly budget
· approval process, grant funding to the City will include a base allocation of $5,000 per year with
the balance of funds to be allocated according to the city's percentage of King County's residential
and employment population. However, if this population based allocation formula Calculation
would result in a city receiving less than $10,000 per year, that City shall receive an additional
allocation that would raise their total grant funding to $10,000 per year.
.The C~ty ofTukwila s budgeted grant funds for 2004 are $38,759.
2. Within forty-five (45) days °f receivinga request f°r reimbursement flr°m the City' the C°unty
shall either notify the City of any exceptions to the request which have been identified or shall .
Process the request for payment. If any eXceptions to the request are made, this shall be done by
written notification to the City Providing the reason for Such exception. The County will not'
anthodze payment for activities and/or expenditures which are not included in the scope of work
and budget attached as Exhibit A, unless the scope has been amended according to Section V of
this Agreement. King County retains the fight to withhold all or partial payment if tho City's
report(s) and reimbursement request(s) are incomplete (i.e., do not include proper, documentation
of expenditures and/or adequate description of each activity described in the scope ofw0rk for
which reimbursement is being requested), and/or are not consistent with the scope of work and
budget attached as Exhibit A.
31 The County agrees to'eredit the City o~ all printed materials provided by the City to the County?
which' the County duplicates, for distribution. Either:the City's name and logo will:appear On .
such materials (including fact sheets, case studies, etc.), or, at a minimum,'the County will credit
the City for artwork or :text PrOvided by the city as follows: "artwork Provided courtesy of the
,, ,, ' · City of Ttikwil~"
City of Tukwila and/or text provided courtesy of the
4. The County retains the right to share the written material(s) produced by the City which have
been funded through this program with other King County cities for them to duplicate and
distribute.' In so doing, the County will encourage other cities to 'credit the City on any pieces that
were produced by.the City. ..
5. The waste reduction and recycling grant program shall be administered b Morgan John, a Project
Manager,'or designee~ to bO sPeCified by the King County Solid Waste Division.
HI. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2004 or the date of execution of the
Agreement by both the County and the City, if executed afte~ January 1, 2004 and shall terminate on
December 31, 2005. However, if execUti0n by either party does not occur until after January 1, 2904,
this Agreement allows for disbursement of grant funds to the City for County-approved programs
initiated between January 1, 2004 and the later execution of the Agreement provided that the City
complies with the'reporting requirements of Section H. A of the Agreement....
IV. TERMINATION
A. This Agreement may be terminated by King County, in whole or in part, for convenience without
cause prior to the termination date specified in Section IH, upon thirty (30) days advance written
notice
B. This Agreemeht may be terminated by either party, in whole Or in part, for cause prior to the
termination date specified in Section IH, upon thirty (30) days advance written notice. Reasons for
termination' for cause may include but not be limited to: nonperformance; misuse of funds; and/or
failure to provide grant related reports/invoices/statements as specified in Section H.A.2. and Section
H.A.3
C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for
payment in accordance with the terms of this Agreement for services rendered prior to the effective
date of termination; and (2) the City shall be released from any obligation to provide further services
pursuant to. this Agreement, -
D. Nothing herein shall limit, waive~ or extinguish any fight or remedy provided by this Agreement or
law that either party may have in the event that the obligations, terms and conditions set forth in ti'tis
Agreement are breached by the other party.
v. s
.This Agreement may be amended only by written agreement of both parties. Amei~dments to scopes of
Work will only be approved if the proposed amendment is consistent with the most recently adopted
King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the
scope of work, attached as Exhibit A, only upon written or verbal requestby the City and Written or
verbal approval by King County: Such requests will only be approved if the proposed change(s) is (are)
consistent with and/or achieves' the goals stated in the scope and falls within theI activities described in
the scope
· VI. HOLD HARMLESS AND INDEMNIFICATION
The City shall protect, indemnify, and hold harmless thc .County, its officers, agents, and employees from
and ags!nst any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/o~
its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all
claims, demands, suits, penalties, losses, damages, or costs'of an~ kind whatsoever (hereinaf~er "clslms")
brought against the County arising out of or ~nc~dent to the C~ty s execution of, performance'of ~r failure
to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer
of any software, booki document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infi-ingement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
VII. INSURANCE
A. The C~ty, at its own cost, shall procure by the date of exec~tion of this Agreement and maintain for
the duration °fthe Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with performance of work pursuant to this
Agreement by the City, its agents, representatives, empl'oyees;'and/or subcontractors. The minimum
limits of this insurance shall be $1,000,000 general liability insurance combined single limit per
occun'en~e for bodily injury, per%nal injury, and property damage~ Any deductible or self-insured
retentions shall be the sole responsibility of the City.' Such insurance shall cover the COunty, its
officers, officials, employees, and agents as additional insurers against liability arising out of
activities Performed by or on behalf o f the City pursuant to this Agreement. A valid Certificate of
Insurance is attached to this Agreement as Exhibit C, unless Section VII.B. applies.
B. If the Agency is a Municipal Corporation or an agency of the State of Washington and ii Self-insured
for any of the above insurance requirements, a written acknowledgement of self-insurance is attached
· to this Agreement.as Exhibit C.. ,
VIIL ENTIRE CONTRACTF~AIVER OF DEFAULT ·
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or u~.derstandings: not in?orporated herein are excluded. Waiver o.f .any d~f.a.ult
shall not b'~ deemed to be a waiver of any subsequent default. Waiver of breach of any provxslon ot'tlns
Agreement shall not be deemed to.be waiver of any other or subsequent breach and shalt not be
construed to.be a modifieati0n of the terms of this Agreement unle2s stated to be such through written
approval by the'County, which shall be attached to the original Agreement.
IX. TIME IS OF THE ESSENCE
The County and City recognize that time is of the essence in.the p~fformanee of this Agreement. X. SEVERABILITY
If any section,' subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity oft_he remaining portions.
Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if
sent to the King County Solid Waste Division and the City at the addresses provided below:
Morgan John, Project Manager, or a provided designee,
King County Solid Waste Division
Depmhaent of Natural Resources and Parks
201 South Sackson Street, Suite 701
Seattle, WA 98104-3855
Rebecca Fox, Senior Plarmer
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
.'.' .': .' .'; ;~.'.'~SS WH~REOF this Agreement has been executed by each party on the date set forth below.
Accepted for King CountY Execufi. v~
....:.:':.:..:.:::..
BY
: Director of Natural Resources and Parks
(Title) ·
' Date
Dat~ '
Pursuant to Ordinance No. 2003-0462
Pursuant to '
Approval as to form: Approved as to form:
~-~ty Attorney King County Prosecuting Attorney
Date Date
Caant hfo~004-200,5 Grant~lLAs~O04-2(lO5 Ms,stet 112,
Tukwila W/RR 2004-200,5
WRR 2004-2005 Scope of Work
City of Tukwila ·
A. Basic Information
1. City of Tukwila
2. Waste Reduction and RecyCling Program
3. Rebecca Fox, Senior Planner
City of Tukwila
6300 Southoenter Boulevard ' '
Tukwila, WA' 98188
206-431-3683 (phone)
206-431-3665 (fax)
ffox~ei.tukwila.wa.u~
4. The City of Ti~kwila will uie Sound Resource Management Group as its non-residential
progIam consultant in 2004. We Will decide on whom we will hire for 2005 at a later
date. We plan to use OlYmpic Environmental Resources to run'our Special Recycling
and Compost/Worm Bin sales.
5. Budget: 2004: $38,789
2005: $38,789
Total Amount Requested: $77,578'for 2004 through 2005 including:
· Special Recycling Colleetioa -$15, 214
· Non-residential Recycling--S58,515 (approximately $29,257 to be spent in both 2004
and 2005)
· Residential RecYCling-$3,84~ (approximately' $1,924 to be spent in both 2004 and
2005)
B. Scope of Work
1. Task One: TukWila Special coHeeti0n Even~
a. Schedule - Spring, 2004/05
b. Program/prOject Specifics
1) 'Project Activities
· Number of events - Two
· Materials to be collected:
· Appliances
· Refi-igerators and Freezers+
· Ferrous Metals
; Non-ferrous Metals
· Tires+
1
?.~a w~,~ 2oc~-20o5 * Lead Acid Batteries
· Household Batteries
· Porcelain Toilets and Sinks+
· Propane Tanks+
· Cardboard
· Rensable Household Goods
· Textiles
· Used Motor Oil
· Used Motor Oil Filters
· Used Antifreeze
· , Used Petroleum Based Products
· Electronic Equipment
· Computer Equipment+
· TV Sets+
+User fees apply.
· The following educational materials will be distributed: .
· Information on City Recycling Programs.
· Local Hazardous Waste Management Plan Educational Materi~ls
.produced by King County Department of Natural Resources..
· Other educational materials as appropriate and available. .
· Event promotional methods
· By distributing a promotional flyer through direct mailings.
· By notices in the City newsletter.
· By posting a notice ~t City. Hall and on the City website · .. .
· By publicizing.the event through the King County S0!id Waste Division
Promotional Activities,
Event staffing: Key personnel will include City staff, consultant staff, and
· Experienced qualified individuals will fill the event greeter;
volunteers · .'
education personnel, and traffic control personnel positions.
2) Evaluation will include:
· Number of Vehicles attending
· Volume of each material collected
· Event cost by budget ~ategory . . .
· Graphic or tabular comparison of 2004/05 volumes and vehicles w~th prior
year's events
Tukwila W~,R. 2004-200S
3) Budget: $15,214.00
Estim~ Costs 2004/05 2004 2004 2004 2005 TOTAL
WRR LHWMP City - WRR WRR
· CIt~ Staff Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Mu.,ag~,~,~tlStaffinglAdmin/Graphics $4,364.00 $4,660.00 $2,380.00 $2,182.00 $2,t82.00 : $11,374.00
Event Staff Costs $1,600-00 $440.00 $850.00 $800.00 $800.00 $2,890.00
Collection/Hauling Costs ~ $3.00
Wood Waste $1,400.00 $0.00 $0.00 $700.00 $700.00 $1,400.00
Scrap Metal, Appliances, etc. $2,800.00 $0.00 $0.00 $1,400,00 $1,400.00 $2,800.00
Tires .... $1,100.00 $O.00 $0.00 $550.00 $550.00 $t,t00.00
Used Oil/Antifreeze $0.00 $1,300.00 $0.00 $0.00 $0.00 $1,300.00
R=~tt~des $0.00 $200.00 $0.00 $0.00 $0.00 $200.00
printing/Mailing $2,050.00 $1,025,00 $0.00 $1,025.00 $1,025,00 ! $3,075.00
Event Supplies · $?O_q 00 $258.02' $0.00 $150.00 $t 50.00 $555.02
other Expenses - rentals, etc $1,600.00 $200.00 $0.00 $800.00 $800,80 $!,800.00
'OTALS $15,214.00 $8,080.02 $3,200.00 $7,607.00 $7~607.00 $26,494.02
· Hourly rates for consultant staffarc as follows: Project Manager e'm nn :=,,,,,~ <=*o~= ~:~*; nn
and Adminis~ativ¢ Staff- $40.00.
c) ObjeCtives:
The City plans to send out approximately 7,500 promotional flyers to Tukwila
l~ouSeholds per event and publicize the event through King County promotional
activities, including 'County websites and telephone assistance. The City anticipates.
collecting S5-70 tons of.material from the local waste stream per year.
The benefits expected by the collection of these materials will be to divert them from
the waste stream and process them for recycling. The event will also provide an
opportunity to recycle moderate ~isk waste. The King County Health Dcpa~haent and
the City o£Tukwila will pay for event expenses as well.
d)Task Impact O~jectives:
By hostin~ Special Collection Events, Tukwila can reduce the amount o[recyclable
material finding their way to the local landfill. The City of Tukwila has a population
of rougkly 17,000. The City expects, based on past events, that 400-600 households
will actively participate each year by bringing recyclable materials to the event for
ProPer disposal and recycling. This will result in 5~-70 tons of material diverted from
the local waste stream for recycling per year.
In addition to diverting materials from the City waste stream, attracting residents to
events provides an opportunity to distribute educational matcrial on City and King
County recycling pro§rams. The educational materials can enhance the knowledge of
res{dents and improve behavior in purchase, handling, and disposal of recyclable
materials. ,
2. Task Two: Non-Residential Recycling
n. Project Manager:
Rebecca Fox,' Senior Planner
- b. Consultant:
The City of Tukwila will work with Sound Resource Management Group·
c. Schedule:
First quarte~, 2004 - December 31, 2005 . .
d. Goals:
· Increase the program's visibility in the business community '
, Increase awareness among businesses of the technical assistance which the
· City offers
· Expand the number of businesses who receive customized assistance
e. Pr0gramfProject SPecifics: .:
1)ProgramfProject Description
. Technical Assistance
The City of Tukwita will provide technical assistance to help businesses with recycling, waste
prevention and purchase of recycled products either by e-ma~l, telephone, mail or On-site visits.
A Business Recycling and Waste Prevention Specialist (consultant to the City of Tukwila) will
respond 3vhen firms request assistance. We expect t0 generate requests for recycling assistance by.
· ' · ' in business license m~illngs in
including information about City-sponsored recycling programs -
2004 and 2005. This will reach all 2000 finns who operate in Tukwila.
We also plan to target the most promising i~dustries/groups such as (but not necessarily limited to)
property managers and large-volume solid 'waste generators to offer CF--initiated assistance in
-recycling, waste prevention, and procurement of recycled content products. We may also focus on
assistance for specific industries or types of businesses, especxally those tdentafied by King County
Business Recycling program..We expect Westfield Shoppingtown Center--Southcenter to be a
spe~ial focus in 2004.
In addition to telephone, e-mail, mail or On-site assistance, we will donsider technical assistance
workshops or other special events' to recognize outstanding business recycling programs and/or
provide information to targeted industries, about selected materials, or about the overall benefits of
recycling/waste prevention. If other opportunities arise;, we will take advantage of them by
adjusting the workplan. We will provide timely, Scheduled telephone follow-up for all businesses
reached for technical assistance.
We will asSiSt bUSinesses with recycling, waste prevention and purchasing of recycled, eon!ent
goods, and, when possible, also furnish information'about consenting other resources used m typxcai
business activities. By contacting companies directly with individualized information and by
following up with them, we hope to prepare and motivate businesses to .improve their solid waste
behaviors.
We will coordinate our technical assistance activities with the King County's Business Recycling
Program by working with any Tukwila business that has been referred by the County. As
appropriate, we will make most efficient use of resources by part~c~palang m the County s industry-.
or topic-specific campaigns.
4
Tukw~ln W/R~ 2004-2005
· P~mofien/Education
We plan to promote non-residential recycling and waste l~revention by choosing from the most
'promising of several activities. This may include:
· Information on Tukwila's website
· Press releases for local publications which promote business recycling, waste reduction and
the City's technical assistance
· Providing informational materials promoting non-residential recycling
· Implementing a "Tukwila Green Works" program to recognize outstanding business
performance.
We will update and. distribute our "BUsiness Recycling Guide" in 2004 and 2005.
Promotional and. educational activities may also include general information 'on resoUrCe~
conservation. We anticipate that promoting resource conservation along with recyCling/waste
prevention and "buy recycled" messages will enable more businesses to benefit from our technical
assistance services.
We will coordinate Our promotion/education activities with the County as £ollows:
· use the County's program materials, and;
· participate in Green Works promotional activities/advertising.
· inform County staff as appropriate Of any workshops or recognition events.
2) Deliverables/ExPected Outcomes
Technical Assistance
'· Assistance to at least 70 businesses, including at least 20 on-site visits
=Promotion/Education
· At least two editions '~rukwila Business Recycler" in King County Business Recycling '
Newsletter mailed to 2,000 Tukwila businesses to inform and generate requests for assistance
from Tukwila businesses
f. Evaluation
· Follow-up with selected businesses to determine which assistance measures were the most
· helpful in changing recycling-related behaviors
· If resources permit, we will contact haulers to gain information on recycling rates for specific
businesses
· . Evaluation'data will also include:
· · the number of businesses assisted
· type of assistance provided (mail, e'mail, on-site, other)
· , a list of business names, addresses, contact persons, and telephone numbers (and
other business data) for the businesses assisted; ·
Tuk'~ln W/~..R 20~4-2005
g. 2004-2005 Budget
Project WRR
Task 2:-Non- $58,515
Residential
Program
_ Consultant ' $57,515
Printing/ $1,000 (Match
Mailing for. CPG funds)
· Please refer Jo attached draft consultant scope and budget for additional budget detail for
2004 work plan.
3. Task Three: Residential Program
Subtask 1.: C0mpasting/grasscycling/gre~n gardening
a. Project Manager: Rebecca Fox
b. Consultant: We will work with Olympic Environmental Resources.
c. Schedule:
Subtask 1: Compost and worm bins to be sold at events in 2004 and 2005.
d. Goals: "'
Subtask 1: --.
· Increase awareness of and participation in alterfiate yard debris
prevention/recycling/green gardening strategies among (single-family) Tukwila
residents
· Raise awareness among home gardeners about home composting and
grasscycling to reduce yard waste generated and sent to eemralized facilities
· Reduce the amount of compostable yard waste entering the waste stream by
promoting and encouragingcomposting at home .
e. Program/Project Specifics
1) Background/History
Subtask 1: Tukwila will emphasize home composting as a preferred alternative to
using a transfer station or curbside yard debris collection. Since relatively few Tukwila
residents subscribe to curbside yard waste recycling, home eomposting and grass-cycling
are good wa~s to' ~nsure that yard debris is eomp0sted, rather than taken to the transfer
station. Both compost and worm bins are very popular with residents. With WRR
subsidy, the bins are also a great value'for residents. This project's intent is to reduce the
amount of eompostable yard debris entering the waste stream by providing low-cost,
eonveniant compost and worm bins and educational materials that promote eomposting
(including grass-cycling) and encourage residents to compost at home.
Program/Project Description
Subtask 1: Over the grant period, the City will make at least 100 compost and/or
worm bins.available to residents either at a specific sales event, at Special Recycling
6
Tukwila W/RR 2004-2005
COllections or at the Tukwila Compost Demonstration Garden. The City will buy the bins,
subsidize the cost and charge the residents approximately $10 per bin. The City will
publicize the distribution event(s) through mailings to residents. If possible, Tukwila will
continue to partner with neighboring jurisdictions to obtain the best purchase price.
The City will also distribute ddditional promotional and/or educationai materials which stress
home composfing and grass-cycling'as environmentally-friendly alternatives to curbside yard
debris ~°llection, or tO self-hauling to a transfer statirn or yard debris center. We would also
hope to provide "green gardening" information. These messages could be posted on the
City's web page or in printed format. Materials would 6e distributed at the Compost
Demonstration Garden, special clean-up events, and/or other City.events.
Deliverables :.
Subtask 1: ·
· Sale of apProximately 100 compost and/or worm bins to Tukwila residents
2) -Expected Outcomes/Impacts
Subtask 1:
· We anticipate a 75% usage rate by participants purchasing compost bins
· Based on this figure, we expect that distributing 90 bins, at the estimated annual
waste prevention rate of 300 pounds per household, will divert approximately 10 tons
of yardwaste from the waste stream.
f..Evaluation
Subtask 1: .
· Tracl~ number of compost bins ~istfibuted to residents
· ' Track number, type of promotional/educational materials
· Review reports from hauler to determine yard Waste sign-up levels
· ReView report~ from hauler to determine yard waste tonnage
g. Budget (WRR funds will provide the required 25% match for Coordinated
Prevention Grant funds.)
Project
Task 3:
Residential
Program
Subtask A:
Composting/
GrasscycHng,
Consultant $3,849 *
· Match for $11 847 CPG funds. Total Project Cost: $15,796)
7
~XHIBIT B
Grant Guidelines
Program Eligibility:
Grant funds may be used for any of the programs previously funded by the City Optional and Waste Reduction P, ecyoling
Programs, including residential and conunercial waste reduction and recycling education programs, business' assistance
programs, and special recycling events. Cities may also use their funds on broader resource conservation programs, as
long as they are part of an overall waste r~duction/recycling program. Cities may choose to use their funding on one
program or a combination of programs.. For W1UR program ideas, please'refer to the Program Eligibility section below
· and the City Waste R~a-~.~ion and RecvclinR web page at
http://dnr.metrokc.~,ov/swd/resr%v/rec¥cling/citywrr activities.btm..
· , ...... ,- .......~-, ~-tended to nrowde some gmdance on what lshsn t eligible.
Please note these lists are not exnausuve, out m~,~,: ~. r
Cities should also refer to the 2001 Comprehensive Solid Waste Management Plan for direction in progi'am
development. If you are unsure if your proposed program is eligible for funding, please call Morgan John (296-
8443) or Diane Yates (296-4406)~ ., ·
Eligible for funding:
· SchoolWRR education/implementation programs ... .
· Compost bin Sales/giveaways ·
·. Cooperative grasscycling programs
· Grants for turning yard Wastc and tree trimmings into mulch
. Promoti°n and education ofnew solid waste and recycling Sctrices .
· Business recognition programs .
· Special l~ecycling collection Events, including Coli~ction of tires
· Business, WRR, residential education/commumcations
· Product'stewardship initiatives - could be education programs or working with other
agencies/organizations/businesses to implement programs
· Cit~ recyclingprograms and facilities
Eligible for funding on a case by case basis, as long as program is part of an overall WRR Program. However, the
CoUnty would not provide reimbursement if, for example, all of a city's grant dollars were used to sail/give away
rain barrels or distribute compact fluorescent light bulbs.
· 'Water Conservation - i.e. Rain Barrcis
· Energy Conservation
· Water Quality: integrated peat'management; catch basin filters
· Demonstration gardens; interpretive signag¢; recycled-content park furnishings
AppendS. x 2
Grant No. G0400313
Coordinated Prevention Grant
Agreement with City of Tukwila
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF TUKWILA
This is a binding agreement entered into by and between the State of Washington Department of Ecology,
hereinafter referred to as the DEPARTMENX, and the City of Tukwila, hereinafier referred to as the RECIPIENT,
to carry out ~he activities described herein.
RECIPIEN~I NAME & ADDRESS City of Tukwila
6300 Southcenter Boulevard
Tukwila WA 98188-2545
RECIPIENT PROJECT COORDINATOR Rebecca Fox
TELEPHONE 206431-3683
FAX 206431-3665
E-MAIL rfox@ci.tukwila.wa.us
REGIONAL PROJECT OFFICER Steven Williams
TELEPHONE 425-649-7048
FAX 425-649-7098
E-MAlL stwi461 ~ecy.wa.gov
FUNDING SOURCE Local Toxics Control Account
MAXIMUM ELIGIBLE COST $19,796
STATE GRANT SHARE $14,847
LOCAL SHARE $4,949
STATE MAXIMUlVl GRANT PERCENT 75 %
FEDERAL TAX IDENTIFICATION NO. 91-6001519
For the purpose of this agreement, the RECIPIENT will be allowed to match the DEPARTMENT share with cash
and interloeal in-kind costs in accordance with pre-application instructions.
This grant is effective on January 1, 2004. Any work performed prior to the effective date of this agreement
without prior written authorization and specified, in the Scope of Work will be at the sole expense and risk of the
This agreement shall expire no later than December 31, 2005.
1 ofl0
Grant No. G0400313
Coordinated Prevention Grant
Agreement with City of Tukwila
SCOPE OF WORK
Task(s) set forth below summarize RECIPIENT's goals, activities, budget(s) and schedule(s) and expected outcomes.
Recipient Responsibilities: The RECIPIENT is responsible for implementing activities identified in the local
Solid Waste Management Plan or the Hazardous Waste Management Plan
1) PROJECT TITLE: COMPOST & WORM BIN DISTRIBUTION (WRR)
Goal Statement:
The goal of this project is to increase waste reduction and recycling in the City of Tukwila by providing
the means for residents to purchase low-cost compost and worm bins to recycle and reuse compostable
organic material at their residence.
Maximum Eli 'ble Cost: $15,796
Proiect Description:
The RECIPIENT shall conduct compost and worm bin distribution event in 2004 or 2005. The event may
be held in conjuncdnn with neighboring cites. Promotional advertising shall occur prior to the event.
Approximately 150 compost bins and 50 worm bins will be distributed. The RECIPIENT shall submit to
the DEPARTMENT copies of flyers and any other promotional materials produced in conjunction with
this project. If the RECIPIENT charges residents a fee for the compost or worm bins, the income
received fi.om the sale of the bins shall be listed as a credit on voucher support Form C2.
s ..~x,,~.,T PLAN
TARGET: (What measurable change or accomplishment this project will achieve)
- Over the two-year grant period, 36.1 tons oforganic material will be diverted from the waste stream
and reused in residential yards and gardens. (Tonnage diversion is based past King County surveys
that figured 500 lbs annually per compost bin and 200 pounds annually per worm bin, at 85%
participation rote.)
_ MILESTONES (Intermediate rezults that leadto theI ACTIONS MEASUREMENT
· ...i- ' ' target)
' The actions the How the recipient
The number of who take the steps by this recipient takes to knows the change took
people or businesses described below date. encourage the change place
July 04 or A. Procure bins and Invoiced and signed
05 distributor . vendor participation
agreements
August 04 B. Arrange date and Receive signed use
or 05' site of events permit
3,600 single-family Receive flyer Sept 04 or C. Event publicity Confirmation from
households 05 post office
200 single family Attend distribution Sept/Oct D. Distribution event Bins sold, income
households event and buy bin 04 or 05 held received
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Grant No. G0400313
Coordinated Prevention Grant
Agreement with City of Tukwila
2) PROJECT TITLE: BUSINESS RECYCLING AWARENESS (WRR)
Goal Statement:
The goal of this project is to increase awareness of waste reduction and recycle options available to
businesses and offer outreach and technical assistance to businesses as requested.
Maximum ]Eli ible Cost: $ 4,000
Schedule: January 1, 2004 through December 31, 2005
· The RECIPIENT will hire a contractor to mn the Tukwila Business Recycles program and do waste
prevention]recycling/resource conservation outreach. The contractor will promote the program to
increase participation. The contractor will sign up new businesses for the program and record how each
business learned about the program. They will also offer an incentive of up to $50 in recycling containers
for up to 10. for businesses that are starting to recycle or expanding their current recycling programs. This
grant will pay for only part of the overall program; it will cover the cost of the outreach materials that the
contractor will use to promote the program.
TARGET PLAN
TARGET: (What measurable change or accomplishment this project will achieve)
5 new businesses will sign up for the Tukwila Business Recycles program, 3 new businesses will
agree to host promotional displays for the Tukwila Business Recycles program, 10 new businesses
will become members of Tukwila's new business recycling recognition program.
:~ESTONES '(Ini~rmediate r~!ts th~i lead ACTIONS MEASUREMENT
tO th~ targeO .: ~ :
The'number of :who take the steps · by this The actions the recipient takes to How the recipient knows
businesses described below date. encot~rage the change ' the change took place
12 property Learn about the Contact property managers Track how many
managers Tukwila Business contacted
: with 10 or Recycling program
more tenants and recognition
program
5 property Have contractor Conduct on,site outreach Track
managers come for on-site businesses/property
with 10 or outreach and get managers that receive
additional
3 of 10
Grant No. G0400313
Coordinated Prevention Grant
Agreement with City of Tukwila
more tenants information/technic site visits
al assistance for
recycling
150 Receive Contact businesses Track how many are
businesses, information about contacted
such as those business recycling
in Westfield and recognition
mall
(Southcenter)
' that generate
large
quantitie~ of
waste
60 businesses Have contractor Conduct on-site outreach Track businesses that
come for on-site receive site visits
outreach
10 businesses Sign UP for Sign up businesses ' Track businesses that
business recycling sign up
recognition
program
Communication/Reporting:
The DEPARTMENT's project officers will contact the RECIPIENT representatives in accordance with the
implementation/verification schedule(s) attached herein. It is the responsibility of the RECIPIENT to bi
prepared to discuss if the project is moving along on schedule and what technical assistance may be required.
Reporting needs will be determined at this time. All payment requests must be accompanied by a progress.
report that is satisfactory to the specifications of the grant officer. Payment requests are due at least every 12
months and no more frequentlY than everY six months.
The RECIPIENT must also complete annual reports on the prescribed forms and submit to the
DEPARTMENT a Final Performance Analysis report (FPA) including the effectiveness of the approaches used
and any lessons learned, unless instructed otherwise by the DEPARTMENT. The FPA is due no later than 45
days following the expiration of this agreement.
When completing the FPA, the RECIPIENT is required to complete the "innovative/learning project"
requirement as described on page 53 in the Guidelines under the heading of Project Analysis. The
RECIPIENT shall complete this requirement for Task 2: Business Recycling Awareness.
IMPLEMENTATION/VERIFICATION SCHEDULE
4of10
Grant No. G0400313 °
Coordinated Prevention Grant
Agreement with City of Tukwila
Project Contact
Step Milestone Date Status and Comments
Task 1 Compost bins procured and date/site August
arranged 04/05
Taskl Bin distribution event follow-up October
04/05
Task 2 ' ~usinesses signed up for on-site
assistance
Task 2 Businesses signed up for recycling
program/recognition program
5 o fl0
Crrant No. G0400313
Coordinated Prevention Grant
Agreement with City of Tukwila
CPG BUDGET
* ..................... r;'~s -'MAX!.~M,ELIGIBLE COST
1. Compost & Worn Bin Dis~ibution ~) $15,796
2. Business Recycling Awareness (W~) $ 4,000
TOT~ $19,796
FUND SOURCE
ADDITIONAL BUDGET CONDITIONS
1. Overhead is eligible; the RECIPIENT may charge 25 percent of RECIPIENT salaries and benefits
applied directly to the project as overhead.
2. The RECIPIENT contact for billing and invoice questions is:
NAME: Rebecca Fox
: TELEPHONE: ~206-431-3683
3. Grant payments should be made out payable to the following and mailed to this address: City of Tukwila
6300 Sou{hcenter Boulevard
Tukwila WA 98188-2545
6of10
Grant No. G0400313
Coordinated Prevention Grant
Agreement with City of Tukwila
SPECIAL TERMS AND CONDITIONS
A. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned
(MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date
of this Agreement.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT
agrees to utilize the DEPARTMENT's goals for minority- and women-owned business participation in all
bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of
the total dollars available for the purchase or contract and are as follows:
Construction/Public Works 10% MBE 6%WBE
Architecture/Engineering 10% MBE 6%WBE
Purchased Goods 8% MBE 4%WBE
Purchased Services 10% MBE 4%WBE
Professional Services 10% MBE 4%WBE
No contract award or rejection shall be made based on achievement or non-achievement of the goals.
Achievemen[ of these goals is encouraged, however, and the RECIPIENT and ALL prospective bidders
or persons submitting qualifications shall take the following affirmative steps in any procurement initiated
after the effective date of this Agreement:
1. Include qualified minority and WOmen's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are potential
sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, Where work requirements permit, which will encourage participation of
qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises
(OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
By signing this Agreement, the RECIPIENT certifies that these steps were, or will be followed. Any
contractor engaged by the RECIPIENT under this agreement shall be required to follow these five
affirmative ~teps in the award of any ~ubcontmet(s).
The RECIPIENT shall report to the DEPARTMENT payments made to qualified finns at the time of
submitting each invoice and on forms provided by the DEPARTMENT. The report will address:
1. Name and State OMWBE certification number of any qualified finn receiving funds under the
voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified finns under this invoice.
7 of 10
Crrant No. G0400313
Coordinated Prevention Grant
Agreement with City of Tukwila
B. INTERLOCAL AGREEMENTS
If parties other than the RECIPIENT are contributing to the local share of project costs, memoranda of
understanding or other written agreements confirming the contribution must be negotiated. These
agreements must specify the exact work to be accomplished and be signed by all parties contributing to
the local match of this project. Copies of these agreements shall be submitted to the DEPARTMENT.
C. PROCUREMENT AND CONTRACTS
1. The RECIPIENT shall follow their standard procurement procedures and/or applicable state law in
awarding contracts; RECIPIENTS with no formal procurement procedures must comply with the
"Standards for Competitive Solicitation", found in the Administrative Requirements for Ecology
Grants and Loans, WDOE 91-18 (Revised October 2000).
2. Following execution, at the request of the DEPARTMENT, the RECIPIENT shall submit a copy of
all requests for qualifications (RFQs), requests'for proposals (RFPs), and bid documents relating to
this grant agreement to the DEPARTMENT.
3. The RECIPIENT may use existing contracts that conform to adopted procurement procedures and
applicable state law~. The RECIPIENT shall notify the DEPARTMENT if it used contracts entered
into prior to the execution of the grant agreement for performance of grant funded activities.
D. SEPA COMPLIANCE
To ensure that environmental values are considered by the state and local government officials when
making decisions, the RECIPIENT shall comply with the provisions of the State Environmental Policy
Act (SEPA), Chapter 41.23C RCW, and the SEPA Rules, Chapter 197-11 WAC. Copies of the SEPA
documents shall be sent to the DEPARTMENT's Environmental Review Section, the appropriate regional
office, and Ecology's Waste Management Grants Section.
E. WETLANDS PROTECTION
To comply with the directive of Executive Order 90-04, Protection of Wetlands, all local governments are
requested and encouraged to make all of their actions consistent with the intent of this executive order;
specifically, (1) to avoid, to the extent possible, adverse impacts associated with the destruction or
modification of wetlands, and (2) to avoid direct or indirect support of new construction in wetlands
wherever there is a practical alternative.
F. FAILURE TO COMMENCE WORK
The DEPARTMENT reserves that right to terminate this grant in the event the RECIPIENT fails to
commence work on the project funded herein within six (6) months after the effective date.
G. PROJECT INCOME
Any project income directly generated as a result 0fthe activities funded by this grant shall be reported as
a credit against the expenses of that activity, as required by the DEPARTMENT's Administrative
Requirements for Ecology Grants and Loans, WDOE 91-18 (Revised October 2000).
8 of 10
Grant No. G0400313
Coordinated Prevention Grant
Agreement With City of Tukwila
H. GRANT PROJECT REPORTING
The RECIPIENT, in conjunction with submission of payment requests, or at the request of the project
officer, shall prepare Progress Reports and submit them to the DEPARTMENT. These reports shall
include, but not be limited to, the following information:
1. Brief description of activities for each pr°jeer'
2. Brief discussion of progress toward expected outcomes.
· 3. Notification of any successful projects worth sharing with other jurisdictions or the media, needs for
technical assistance fi.om the DEPARTMENT, or any other comments and relevant information
I. PROMOTIONAL AND EDUCATIONAL MATERIALS
A copy of all promotional and educational materials developed as part of this grant shall be submitted to
the DEPARTMENT concurrent with public distribution. The DEPARTMENT shall have the right to use
any printed materials developed as part of this project in any manner the DEPARTMENT deems
appropriate. The Washington State Department of Ecology will be acknowledged for providing funding
in all published material and oral presentations that result from this grant.
J. AMENDMENTS AND MODIFICATIONS
No subsequent modification(s) or amendment(s) of this grant agreement shall be of any f~rce or effect
unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made
part of this agreement; ExcEPT a letter of amendment will suffice to redistribute the budget without
increasing the total maximum eligible cost or to change the DEPARTMENT's Project Officer or the
RECIPIENT's Project Coordinator or to extend the period of performance as set forth in the Grant
Agreement.
9 of 10
Grant No. G0400313
Coordinated prevention Grant
Agreement with City of Tukwila
K. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended "General Terms and Conditions", and the DEPARTMENT's
Administrative Requirements for Ecology Grants and Loans, WDOE 91-18 (Revised October 2000),
contain the entire understanding between the parties, and there are no other understandings or
representations except as those set forth or incorporated by reference herein.
IN WI;rNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY CITY OF TUKWILA
Cullen D. Stephenson Date Authorized Official Date
Program Manager
Solid Waste and Financial Assistance
Print Name of Authorized Official
Title
10 of 10
Utilities Commit. tee
April 2O, 2004
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank kiarte, Bob Giberson, Gail Labanara, Ryan Larson, Mike
Cusick, Rebecca Fox, Pat Brodin, Lucy Lanterbaeh
1. Waste Reduction and Recycling Grant Interlocals Rebecca said the City receives grants from
both King County Solid Waste and the State Department of Ecology (DOE). She had outlined how the
$77,575 grant from King County would be spent over two years. It covers special recycling for hard-
to-recycle goods such as batteries and electronic equipment, and for compost and worm bin sales to
residents. The majority of funds go to aid business recycling, which accounts for 75% of the City's
waste. Funding from the County (and State) has been decreasing each cycle. DOE's two-year grant is
for $14,487, and requires a 25% match, which will be provided by the King County grant funds. It will
also be spent on worm and compost bin sales, and for business recycling. There are two agreements,
one for each grant. Recommend both agreements for Mayor's signature to COW and Regular
Meeting.
2. Cascade View Public Works Trust Fund Loan Acceptance The City asked for a loan of
$4,196,056 from the Public Works Trust Fund, and will receive it. The funds will be used to construct
the Cascade View drainage improvements. The City's contribution to the project is $466,229 and using
other grants and loans as well will make a total $5.1 million cost. The loan is for 20 years at a 1% rate.
Later in the meeting Dennis expressed some concern over how this loan repayment would affect
general fund revenues. Staff stated almost all of the project would be paid from the utility funds, as
pipes for water, sewer and surface water are under sidewalks and the mad so repairs would be
considered restoration. The general fund would pay for road improvements if roads were the main
project. Recommend loan acceptance to COW and Regular Meetings.
3. Cascade View Drainage Public Meeting Ryan showed some drawings of proposed street
changes that might be made in Cascade as improvements are built. Staff said car speeds were one of
the neighborhood's biggest problems. Staff is considering building comer bulbouts at intersections to
define intersections and slow traffic. The road will appear to be narrower, though it will have a wider
pavement area. If cars are parked on the roadway, traffic may slow because of the apparent nearness of
cars. Trees may be added, though Ryan was hesitant to put trees in where they're trying to get rid of
surface water. Para L said staff has been extrcraely patient and helpful thus far, and thanked them. Jim
M said there will be one more open house when designs are 90% complete. Information.
4. Allentown/Foster Point Water and Sewer Loan The City applied for and has received a Public
Works Trust Fun (PWTF) loan for sewers in Allentown and Foster Point. This loan is for $5.7 million,
and has a 2% rate for 20 years. Jim M raised the issue of Metro connection fees increasing 58% at the
first of the year.' He is interested in trying to alert residents they should sign up for Metro KC
connections this year to avoid the increase, though they won't actually connect until 2005. The
Committee members agreed that would be a good move. Recommend loan acceptance to COW and
5. First Quarter Reports Jim passed out new copies of the quarterlies. The Committee was
impressed that staff already cleaned out most of the City pipes. Information.
~.~, Committee chair approval