HomeMy WebLinkAboutUtilities 2007-11-06 COMPLETE AGENDA PACKET Distribution:
�J q� City of Tukwila J. Hernandez C. O'Flaherty J. Howat
y J. Duffle S. Norris B. Still
J Utilities Committee J• Haggerton J. Morrow K. Fuhrer
V. Griffin F. Idarte S. Kerslake
P. Linder B. Giberson J. Pace
Joan Hernandez, Chair D. Robertson G. Labanara C. Parrish
y908 Joe Duffie P. Carter B. Shelton B. Arthur
K. Matej R. Larson M. Miotke
It Jim Haggerton Mayor Mullet M. Cusick File Copy
R. Berry P. Brodin 3 Extra Copies
D. Speck S. Anderson Single side to Dana
J Cantu e-mail to B.Saxton
AGENDA
TUESDAY, NOVEMBER 6, 2007
Time; 5:00 PM Place; Conference Room #1
Item Action to be 'taken Page
I. Current Agenda Review I.
II. Presentation(s) II.
III. Business Agenda III.
A. S 129 St Drainage Modifications Bid Award A. Forward to C.O.W. Pg. 1
11/26/07 for discussion
then to Regular Council for
approval.
B. NPDES Phase II Stormwater Management Plan B. Forward to C.O.W. Pg. 2
11/26/07.
C. 2007 Third Quarter Report to Council C. Information. Pg. 19
D. Proposed 2008 Budget and CIP (Please bring your D. Review. Pg. 21
budget books)
IV. Old Business IV.
Next Scheduled Meeting: Tuesday, November 20, 2007
S The City of Tukwila strives to accommodate individuals with disabilities
Please contact the Public Works Department at 206- 433 -0179 for assistance.
INFORMATION MEMO
To:
Mayor Mullet
Public Works Director
From:
Date:
Subject:
May 30, 2007
S. 129th Street Drainage Modifications
Project No. 07-DR04
BID AWARD
ISSUE
Award the S. 129th Street Drainage Modification Contract to Brike Excavating and Underground Utilities
LLC, of Renton, Washington.
BACKGROUND
A property owner recently notified the City that a drainage swale had been placed on his property without his
approval and he would like it removed. City staff investigated his claim and determined that the swale was
installed on private property as part of the City's 1999 Small Drainage Project. The swale was to be placed
on the adjacent City owned parcel to the south but was designed and constructed using the wrong parcel.
ACTION TAKEN
KPG was contacted to design a new drainage system to allow for the removal of the swale from private
property. The design calls for piping the drainage across S. 129th Street and construction of an infiltration
system within the Codiga Farms site and adjacent to the roadway. No piped drainage outfalls to the river
exist in the area so infiltration is the only available option to dispose of the roadway runoff.
The Small Works Roster was consulted and letters were sent to six firms that were qualified for this type of
work requesting bids. Three bids were received with Brike Excavating as the low bidder. The bid results are
as follows:
Brike Excavating
Pivetta Brothers
Dennis R. Craig
$37,697.91
$49,253.00
$49,769.00
Brike Excavating has completed several projects for the City and has performed quality work.
BUDGET AND BID SUMMARY (All amounts include sales tax.)
Bid Results En!itineer's Estimate Remaining Budget*
Bid Amount $ 37,697.91 $ 33,000.00 $ 60,000.00
Contingency (10%) 3,769.79 3,300.00
Total $ 41,467.70 $ 36,300.00 $ 60,000.00
* $620,000 budgeted for Small Drainage and Private Storm System Adoption projects in 2007 with
final 2007 project costs estimated at $560,000.
RECOMMENDATION
Award the construction contract for the S. 129th St. Drainage Modifications to Brike Excavating LLC, in the
amount of $37,697.91.
(p:Projc=\A- DR ProjcasI07DRll4Unfo Memo B;.j AwW S. 129" S= Dnimoc Mo<E6oaci"",)
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Director~
November 1, 2007
NPDES Phase IT Stormwater Management Plan
Project No. 93-DRIO
Grant Acceptance
ISSUE
Authorize Mayor to sign grant agreement with the Washington State Department of Ecology.
BACKGROUND
The National Pollutant Elimination System (NPDES) requires that the City implement a
comprehensive Stormwater Management Program that complies with the requirements outlined in
the City's NPDES Phase II permit that became effective February 16, 2007. To assist cities with
permit requirements, the Washington State Legislature approved grants of $75,000 to each of the
effected jurisdictions.
ACTION TAKEN
Staff notified the Department of Ecology of our intention to accept the $75,000 grant to develop an
NPDES Stormwater Management Plan and worked with Ecology to prepare the Grant Agreement.
RECOMMENDATION
Authorize Mayor to sign grant agreement with the Department of Ecology for $75,000.
RL:sb
attachments: Ecology Grant Agreement No. G0800198
(p,Projc<tslA- DR Proj<as\93DRIO\Illfo Memo &;oIogy Granl)
LOCAL GOVERNMENT STOR1\1W ATER GRANTS PROGRAM
GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF TUKWILA
THIS is a binding agreement entered into, by, and between the state of Washington Department
of Ecology (DEPARTMENT), and the City of Tukwila (RECIPIENT). The purpose of this
agreement is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFORMATION
Project Title:
Tukwila Local Government Stormwater Grant
Grant Number:
G0800198
RECIPIENT Name and Address:
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, W A 98188
RECIPIENT Contact:
Telephone Number:
Fax Number:
E-Mail Address:
Ryan Larson
(206) 431-2456
(206) 431-3665
rlarson@ci.tukwila.wa.us
RECIPIENT Billing Contact:
Telephone Number:
Fax Number:
E-Mail Address:
Ryan Larson
(206) 431-2456
(206) 431-3665
rlarson@ci.tukwila.wa.us
RECIPIENT Federal ID Number:
91-6001519
DEPARTMENT Project/Financial Manager: Melanie Tyler
Mailing Address: Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, W A 98504-7600
(360) 407-7489
(360) 407-7151
mety461@ecy.wa.gov
Telephone Number:
Fax Number:
E-Mail Address:
Tukwila Local Government Stormwater Grant
City ofTukwila
Grant No. G0800198
DEP ARTMENTFunding Source:
2007-09 Biennial Operating BudgetILocal Toxics
Control Account
Total Cost:
Total Eligible Cost:
$75,000
$75,000
DEPARTMENT Share:
$75,000
DEPARTMENT Maximum Percentage:
100 percent
The effective date of this grant agreement is July 1,2007. Any work performed prior to the
effective date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement shall expire on June 30, 2009.
PART II. PERFORMANCE MEASURES
A. Water Quality Goal.
Improved stormwater management and water quality protection associated with
development and implementation of a stormwater management program.
B. Proiect Outcomes.
Local Government Stormwater Grants for local governments to receive grants for
municipal stormwater programs, including but not limited to:
1. Implementation of Phase II municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permits.
2. Stormwater source control for toxics in association with clean-up of contaminated
sediment sites.
3. Stormwater source control programs for shellfish protection districts where
stormwater is a significant contributor.
C. Post Proiect Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT's Performance Measures Lead will e-mail the
RECIPIENT the Post Project Assessment Survey.
The DEPARTMENT may conduct on-site interViews and inspections, and may othervvise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the Washington State Legislature,
United States Environmental Protection Agency, and other natural resource agencies.
Page 2 of8
Tukwila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800198
Approximate Post Project Assessment Date: June 30, 2012
PART III. PROJECT DESCRIPTION
The RECIPIENT's stormwater project will address planning, implementation, or management of
municipal stormwater programs.
PART IV. PROJECT BUDGET
Tukwila Local Government Stormwater Grant
.
TOTAL ELIGIBLE
ELEMENTS COST (TEC)*
Task 1 - Project AdministrationlManagement $ 7,500
-
Task 2 - Implementation of Stormwater Planning and Management $67,500
Needs
Total $75,000
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCIllNG REQUIREMENTS (There are no matching requirements)
.
DEPARTMENT Share FY 08 (100% ofTEC) $75,000
Payment Request Submittals. Payment requests will not be submitted more often than monthly,
unless allowed by the DEPARTMENT's ProjectJFinancial Manager. The DEPARTMENT's
ProjectJFinancial Manager may require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments will be made on a cost-reimbursable basis.
PART V. SCOPE OF WORK
The RECIPIENT shall ensure that this project is completed according to the details of this .
agreement. The RECIPIENT may elect to use its o\vn forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
Page 3 of8
Tukwila Local Government Stormwater Grant
City ofTukwila
Grant No. G0800 198
billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of
the fmal contract to the DEPARTMENT's ProjectIFinancial Manager.
Task 1- Proiect Administration/Mana!!ement
A. The RECIPIENT shall administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT shall manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation, to the DEPARTMENT's ProjectlFinancial Manager. Copies of all
applicable forms shall be included with a.ti original A19-1A, and shall be submitted the
DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients
of Ecology Grants and Loans.
ReQuired Forms:
Form A19-1A (original signature)
Form B2 (BeY 060-7)
Form C2 (ECY 060-9)
Form D (BCY 060-11)
Where EIieible Costs Have Incurred:
Form E (BCY 060-12)
Form F (ECY 060-13)
Form G (ECY 060-14)
Form H(F-21)
Form I (BCY 060-15)
D. If work conducted results in a report, the RECIPIENT shall submit the following to the
DEPARTMENT's ProjectlFinancial Manager and in the quantities identified:
. Draft project completion reports - one electronic copy
. Final project completion reports - five copies
. Electronic copy of final project completion report
The RECIPIENT shall submit two copies of any document(s) which requires
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
Page 4 of8
Tukwila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800198
Task2 - Imolementation of Stormwater Plannine; and l\tIanae;ement Needs
A. The RECIPIENT shall address stonnwater management needs that protect or restore
water quality. The RECIPIENT may conduct work related to any of the following
eligible stormwater management outcomes:
. Implementation of activities required by the municipal stormwater National Pollutant
Discharge Elimination System (NPDES) permits.
. Stormwater source control for toxics in association with clean-up of contaminated
sediment sites.
. Stormwater source control programs for shellfish protection districts where
stormwater is a significant contributor.
B. Examples of eligible projects or project components:
1. Conducting inventories of stormwater sources.
2. Establishing and refining stormwater utilities, including stable rate structures,
developing stormwater ordinances and regulations, initial staffIng, and other
capacity building activities to facilitate ongoing stormwater management needs.
3. Review existing and model stormwater regulations.
4. Mapping or geographic information systems of stormwater system infrastructure.
5. Source control activities, such as drain stenciling, business inspections, and public
information and communication.
6. Identification and removal of illicit stormwater discharges into municipal separate
storm sewer systems.
7. Completing detailed plans, for example, storm water management plans,
engineering reports or facilities plans (including fmancing options and choices),
education and outreach plans, and source control progress reports;
8. Purchase of equipment for conducting stormwater monitoring.
9. Evaluation of stormwater quality.
10. Other activities consistent \\rith Legislative provisos for this program or local and
regional stonnwater management programs or permit compliance, which can be
completed by the June 30, 2009, deadline.
PART VI. SPECIAL TERMS AND COl\1])ITIONS
A. Commencement of Work. In the event that the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this agreement.
B. DEPARTMENT Funding Recognition. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project as appropriate.
Page 5 of8
Tulrn-ila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800l98
Examples include project signs and/or acknowledgement in published materials and
reports, the news media, or other public announcements. Projects addressing site-specific
locations must utilize appropriately sized and weather-resistant -signs.
C. Equipment Purchase. The purchase of equipment may be eligible under this project. If
the RECIPIENT determines that equipment is needed to achieve the project outcomes, a
request must be made to the DEPARTMENT. All equipment purchases must have prior
approval by the DEPARTMENT.
D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect
rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs
incurred while conducting project related work, provided that prior to signature of this
agreement, the DEPARTMENT's Proj ectlFinancial Manager may require a list of items
included in the indirect rate during negotiations or thereafter. Items that are generally
included in an indirect rate are identified in Administrative Requirements for Recipients
of Ecology Grants and Loans.
E. Meetings/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this proj ect. The total amount spent for light
refreshments under this agreement cannot exceed $300.
F. Minority and Women's Business Participation. The RECIPIENr 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:
ConstructionlPublic Works 10% 11BE 6% WBE
ArchitecturelEngineering 10% 1.1BE 6% WBE
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% 1.1BE 4% \VBE
Professional Services 10% 1.1BE 4% WBE
Meeting these goals is voluntary and no contract award or rejection will be made based
on achievement or non-achievement of the goals. Achievement of the 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:
Page 6 of8
Tukwila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800198
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 the above steps were, or will
be, followed. Any contractor engaged by the RECIPIENT under this agreement will be
required to follow the above five affirmative steps in the award of any subcontract( s).
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
The report will address:
1.. Name and state OMWBE certification number of any qualified firm receiving
funds under the voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
G. Progress Reports. The RECIPIENT shall submit quarterly Progress Reports to the
DEPARTMENT's ProjectlFinancial Manager. Payment requests will not be processed
without a Progress Report.
Reportine: Periods.
. January 1 through March 31
. April 1 through June 30
. July 1 through September 30
. October 1 through December 31
Reportine: Due Date. Quarterly Progress Reports are due 15 days follO\ving the end of the
quarter.
Report Content. At a minimum, all Progress Reports must contain a comparison of
actual accomplishments to the objectives established for the period, the reasons for delay
if established objectives were not met, analysis and explanation of any cost overruns, and
any additional pertinent information specified in this agreement.
Page 7 of8
Tukwila Local Government Stormwater Grant
City of Tukwila
Grant No. G0800198
PARTVII. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
("Yellow Book"), and the Local Government Stormwater Grants Program FY 2008 contain the
entire understanding between the parties, and there are no other understandings or representations
other than as set forth or incorporated by reference, herein. No subsequent modification(s) or
amendment(s) of this agreement shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement,
EXCEPT that in response to a request from the RECiPIENT, the DEPARTMENT may
redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective
staff contacts without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereb~ execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF TUKWILA
DAVID C. PEELER DATE
WATER QUALITY PROGRAM MANAGER
STEVE M. MULLET
MAYOR
DATE
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
ATTEST/AUTHENTICATED:
JANE E. CANTU
CITY CLERK
DATE
APPROVED AS TO FORM
OFFICE OF THE CITY A TTOR.."N"EY
(Revised 7/9/07)
Page 8 of8
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENTs employees. The RECIPIENT shall only use contractor/consultant assistance if that has
been included in the agreement's final scope of work and budget.
B. SUBGRANTEEfCONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third-party beneficiary of such
subcontractswith full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the project, provide assurance to
the DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the
DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages ahd job
safety. .
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,
receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or
object.
All grantlloan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
1
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grantlloan records shall be open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State of Washington for a period of at least three years
after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative for inspection
at any time during the course of this agreement and for at least three years following grant/loan
termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMS Circular A-133 (Audits of States, Local
Govemments & Non Profit Organizations), including the compliance Supplement to OMS Circular A-133,
if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for
each year is a cumulative total of all federal fundingJrom all sources. The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30,
July :1 through September 30, and October 1 through December 31. Reports shall be due within thirty
(30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for payment will
be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along
with documentation of the expenses. Payments shall be made for each task/phase of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as
satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs by
major elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests
are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project
Officer assigned to administer this agreement. .
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the grantlloan agreement and performed after the effective date and prior to the expiration
date of this agreement, unless those dates are specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within fifteen (15)
days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies
withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a
portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is
2
reasonable and approved according to this agreement and, as appropriate, upon completion of an audit
as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided
for in the Scope of Work hereunder. -
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or
terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under
this agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of
any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the
purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the
appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be
good cause to terminate this agreement as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section 0 herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
L WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
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M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover
or otherwise use the material(s) or property and to authorize others to use the same for federal, state or
local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C.
200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENTs current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and
personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s}, regulation(s}, or policy(s} to the contrary or upon specific instructions with
respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or
damaged while in the RECIPIENTs possession, the DEPARTMENT shall be reimbursed in cash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may
include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that
the land is free.from any impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include use
of clean energy, and purchase and use of sustain ably produced products (e.g. recycled paper). For more
information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event-the RECIPIENT fails, for any reason, to perform obligations
required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required
to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendere~ worthless in the opinion of the DEPARTMENT by such failure to perform.
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Interest shall accrue at the rate of twelve percent (12%) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property
and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of
such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer
or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is
a dispute with regard to the extent and character of the work to be done, the determination of the Project
Officer or other designated official as to the extent and character of the work to be done shall govem.
The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court ofThurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any
decision which affects his/her personal interest or the interest of any corporation, partnership or
association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or employees
arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be
given effect without the invalid provision, and to this end the provisions of this agreement are declared to
be severable.
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V. pRECEDENce
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b) Scope of Work; (c) Special Termsand Conditions; (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Ecology Grants and
Loans"; and (e) the General Terms and Conditions.
SS-010 Rev. 04/04
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THIRD QUARTER REPORT TO COUNCIL
July 1 - September 30, 2007
Prepared for Utilities Committee
PUBLIC WORKS DEPARTMENT
;jd QUARTER SIGNIFICANT ISSUES
. Southcenter Boulevard Waterline Upgrade completed in September.
. Traffic Signal Interconnect Project - integration completed and currently in testing mode.
. Awarded bid for Green River Pedestrian & Utility Bridge repairs.
. 2007 Small Drainage Program substantially complete.
BUDGET PROGRAM GOALS
Public Works Administration:
1. Evaluate a Local Improvement District to potentially fund a portion of the Tukwila Urban Access
Proiect at Klickitat and Southcenter Parkway: The analysis for determining the Urban Center's
property owners' proportionate fair-share is nearing completion. Expect to present to
Council during the first quarter of 2008.
2. Evaluate future arant fundina options available and propose a course of action to fund transportation
proiects: Ongoing.
3. Evaluate the City's Emeraency Manaaement Plan usina the National Emeraency Manaaement
Accreditation Proaram Standard as the auideline: Emergency Management Coordinator and
CERT positions were both advertised. Interviews are scheduled for the fourth quarter.
4. Provide auarterly reports on emeraency manaaement issues: Ongoing.
5. Hold auarterly community workshops: Ongoing.
Water Utility/Maintenance Operations:
General:
1. Track backflow prevention compliance for the annual Department of Health report usina the City's
cross-connection data proaram: Report to Dept of Health was sent along with the research on
Table IX medical facilities and compliance with the Rule.
2. Continue the remainina phase of the automatic meter read proaram in the residential areas:
Completed.
3. Implement a proaram to test the accuracy of water meters 2-inches and laraer into standard
preventative maintenance procedures: Currently underway.
Performance:
1. Install new water meters within 48 hours of the hook-up reauest: Goal being met.
2. Respond to water Quality concerns within 24 hours: Goal being met.
3. Test chlorine residual level bi-monthly: Goal being met.
4. Test coliform levels bi-monthIY: Goal being met.
5. Reduce the percentaae of water loss by an additional 1 0 percent as required by the State: Early 2007
consumption records indicate meeting this goal. Data needed for last half of year.
6. Reaular testina of fire hydrants: Goal being met.
Sewer Maintenance Operations:
General:
1. Evaluate system-wide conditions for possible replacement and/or uparade: Ongoing.
2. Review results of video loos to identify areas of damaae or infiltrationlinflow: Completed.
Performance:
1. TV inspect 20.000 I.f. of pipe annually: Begin this quarter & will continue into the fourth quarter.
2. Clean 183.000 I.f. of pipe annually: Completed.
3. Clean and maintain 730 manholes annually: Completed.
4. Weekly monitorino of 10 sewer lift stations for pump hours. start counts. and oenerator operation:
Being implemented on a recurring basis.
2005 Third Quarter Report to Council
Prepared for Utilities Committee
Page 2
General Engineering Services - Water:
1. Complete construction of Allentown Phase II/Foster Point water, sewer, surface water and street
improvements: Construction totally completed and contract accepted. Water and side sewer
permits are being accepted as of September 1,2007.
2. Complete construction of the Southcenter Blvd. Water Main Replacement Proiect: Construction
substantially completed several weeks late and final payment negotiations are underway.
3. Complete construction of Interurban Ave. S. Waterline Proiect: Survey completed, in-house design
50% complete. Project construction delayed to 2008 as budget funds are being used on the
Southcenter Blvd Water Main project.
General Engineering Services - Sewer:
1. Complete construction of Allentown Phase II/Foster Point water, sewer, surface water and street
improvements: Construction totally complete and contract accepted. Water and side sewer
permits are being accepted as of September 1,2007.
2. Commence construction of the Gravity Sewer under 1-405 Proiect: Geotechnical investigation and
analysis contract approved. Construction delayed to 2008 due to budget restraints.
Surface Water Maintenance:
General:
1. Participate in development of a multi-year small drainaqe proiect list: Support given to Engineering.
2. Provide field support to Enaineerina for GIS inventory: Being implemented.
3. Inyestiqate throuqh usaae of TV, GIS and f1ushinq tasks to find unmapped systems: Supporting GIS
consultant and summer intern.
Performance:
1. TV inspect 15,000 LF of pipe: With Construction and 2007 projects, only completed 7,000 LF.
2. Maintain/clean 3.500 LF of ditches and four larqe water quality ponds: Completed.
3. Clean 1.400 catch basins. manholes and stormceptors: Completed.
4. Maintain/clean 15,000 LF of storm lines: Completed.
5. Conduct weeklv monitorina of five storm lift stations for pump hours, start counts. and aenerator
operation: Being implemented on a recurring basis.
Surface Water General Engineering Services:
1. Complete small drainaqe proiects identified on the approved FY2007 list: Construction
substantially complete - closeout in fourth quarter.
2. Obtain fundinq for acauisition of Duwamish Gardens: A total of $1,533,521 has been raised to
date for acquisition. There has also been $1,400,000 secured for the construction phase.
3. Beqin adoption and repair of the private storm systems that have been identified: Construction of
three projects was completed with this year's Small Drainage Project construction contract.
4. Continue development of the GIS as-builts of City infrastructure that complies with NPDES Phase II:
Area 4 inventory is underway.
Citd' Tuhwila
City Council
MEMORANDUM
Utilities Committee
Kimberly Matej, Council Legislative Analyst
Mayor Mullet
Rhonda Berry, City Administrator
Kevin Fuhrer, Finance Director
DATE: November 1, 2007
SUBJECT: Review of the Mayor's 2008 Proposed Budget and CIP
TO:
FROM:
CC:
Below you will find a list of CIP pages expected to be reviewed at the November 6 Utilities
Committee.
Please remember to bring your copy of the budget to all meetings.
Utilities Committee . CIP
November 6, 2007 . PAGES
Attachment A VII-IX
Attachment 8 X
Attachment C XI-XIV