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HomeMy WebLinkAboutUtilities 2008-02-04 COMPLETE AGENDA PACKET Distribution: ��IILA• FY City of Tukwila V. Griffin J. Morrow S. Kerslake �J qty I Hernandez F. Iriarte M. Miotke Utilities Committee K. Hougardy B. b C. Parrish L P. Linder G. abanar anara B. Arthur a f p D. Robertson R. Larson File Copy 401 Verna Griffin, Chair Mayor Haggerton M. Cusick Single side to Dana �R`'' ._.r' J 4 R. Berry P. Brodin 79�a 4 4 4 Joan Hernandez K. Matej S. Anderson 3 Extra Copies 4�4 D. Speck J. Howat Kathy Hougardy Cantu B. Still e-mail to B.Saxton C. O'Flaherty K. Fuhrer C. rog, S No rris and S. Norris J. Pace S. Kirby S. Nos S. Kirby AGENDA MONDAY FEBRUARY 4, 2008 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. Resolution for Municipal Research Service Center A. Forward to COW 2/11/08 Pg. 1 (MRSC) Rosters B. Builders Exchange of Washington B. Discussion Pg. 11 C. Telephone System Study Consultant Selection C. Information Only Pg. 29 and Agreement D. Southcenter Boulevard Water Main Change D. Forward to COW 2/11/08 Pg. 39 Order No. 2 Budget Shortfall E. Recycling Program Grant Funds E. Forward to COW 2/11/08 Pg. 45 IV. Old Business IV. Future Agendas: Next Scheduled Meeting: Tuesday, February 19, 2008 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206 -433 -0179 for assistance. INFOR.t'VL-\TION MEMORAi'IDUM To: From: Date: Subject: Mayor Haggerton Public Works Director~l January 22, 2008 0"" . Municipal Research Service Center Rosters ISSUE Discuss Municipal Research Service Center (MRSC) Rosters. BACKGROUND The City of Tukwila has followed state law in the past by advertising annually for construction contractors to join our Small Works Roster (RCW 39.04.155) and our Consultant Roster (RCW 39.80.030). The City of Lynnwood initiated and developed a shared Small Works Roster in 1997 and a shared Consultant Roster in 2004 as a means to facilitate contracts via Requests for Quotation and Invitations to Bid. The rosters allowed local businesses the opportunity to participate in City business after qualifying via Lynnwood's application process. These rosters were designed as shared rosters and other cities and agencies were invited to participate. Over 100 agencies participated in the City of Lynnwood shared rosters and the contractor base grew to over 1,100 contractors. The City of Lynnwood was approached by three entities wishing to take ownership of the rosters: Municipal Research Services Center (MRSC); Purchasing Technical Assistance Center (P- T AC) via Snohomish Economic Development Council; and ecitygov.net via the City of Bellevue. Lynnwood City Council approved the move to MRSC in June 2007. MRSC has taken over the existing data from Lynnwood and developed the new shared roster site called MRSC Rosters at www.mrscrosters.com. The website includes information on using the site, registration for agencies, contractors and consultants. In order for agencies to join the shared rosters, they require that their model resolution be adopted, a contract be signed, and an annual fee of $400 be paid (based on Tukwila's annual total capital expenses in the range of $20 million). ANALYSIS Advantages to agencies of shared rosters include: · Efficiency in government · Reduced individual agency staffmg needs · Sharing costs with other agencies · Access to a much larger pool of contractors and consultants · Ease of electronic search and notification · More and lower bids from qualified contractors Advantages to contractors and consultants of shared rosters include: · Noticeable efficiency in government · Access to a much larger pool of City agencies · One roster application to many agencies means less burden and lower costs for consultants and contractors 1 MR~5ters Advance Agency Registration Instructions 1. Fill in the information shown in the attached MRSC Rosters Contract. 2. Secure necessary approvals and/or signatures. 3. Arrange for a check to MRSC Rosters for agency fee amount or wait to pay online. Mail check for annual fee and this form to: MRSC Rosters 2601 Fourth Avenue, Suite 800 Seattle, WA98121-1280 4. Fee structure: Agency Fees for Statewide Small Works and Consultant Rosters Total Capital Expenditure Per Year (Million) Annual Fee 50 or more $750 25 to 50 $500 15 to 25 $400 10 to 15 $300 5 to 1 0 $200 5 or less $100 This fee is based on the total capital expenditures for your agency for the most recent complete fiscal year. Here's how to compute your annual fee: a. For your most recent complete fiscal year, find (or estimate) total capital expenditures for your agency, (Note: For cities this is the total of BARS code Unes 594 and 595. Other agencies have similar BARS code lines.) b. Find your fee in the table above. Note: When we go 'live', the contact person listed will receive an e-mail with information needed to access the online Agency search functions. MRSC Rosters Contract . Page 1 ' MRSC Small Works Roster(s) Agency may use the MRSC Small Works Roster(s) to select contractors for public work projects up to $200,000 in value or as otherwise limited by ordinance or law. The Agency is independently responsible for its own and the contractor's compliance with all additional or varying laws and regulations governing purchases, including all selection laws, retainage and bonds, prevailing wages, and any other appropriate requirements. MRSC, directly or implied, is nota party to any contract for public works construction into which the Agency may enter as a result of the Agency's use of the MRSC Small Works Roster(s). MRSC will advertise the Roster(s) at least annually on behalf of all Agencies, receive and review contractor applications for compliance with basic statutory eligibility requirements, maintain lists of contractors, and make the lists and applications available to the Agency. The Agency shall be independently responsible to determine that the selected contractors are responsible contractors according to the decision and opinion or the Agency. MRSC shall make a preliminary determination of compliance with basic statutory eligibility requir~ments before placing them on the Roster(s), but the Agency shall make its own determination of contractor responsibility before awarding contracts in whatever manner that the Agency feels is appropriate and consistent with applicable laws and its own policies. The Agency shall be independently responsible to conduct a quotation or bid process consistent with any ordinance, laws, or requirements of their agency and to issue a contract and/or purchase order directly to-the awarded contractor(s). MRSC does not accept responsibility or liability for the performance of any contractor used by the Agency as a result of use of the MRSC Small Works Roster(s). The Agency is independently responsible for any payments directly to any contractor that is employed as a result of use of the MRSC Small Works Roster(s). The Agency hereby agrees to indemnify and hold harmless MRSC, its officers, employees, and agents from any and all claims, actions, costs, damages and expenses of any nature arising out of or in conjunction with any act authorized by this agreement. MRSC Consultinsz Services Roster(s) The Agency agrees to use the MRSC Consulting Services Roster(s) to select architectural, engineering, and other consultants for interviews and contracts in accord with all applicable laws and regulations governing its own purchases to the fullest extent possible, but such use is not mandatory. The Agency is independently responsible for its own and the consultant's compliance with all additional or varying laws and regulations governing services, including all selection laws and any other requirements as appropriate. MRSC will advertise the Roster(s) atleast annually on behalf of all Agencies, will receive and review a firm's applications for completeness, maintain lists of Architects, Engineers, and other consultants and make the lists, applications, and qualifications available to the Agency. The Agency shall be independently responsible to determine that the selected firms are responsible according to the decision and opinion of the joining agency. The Agency shall be independently responsible to conduct a consultant selection process consistent with any ordinance, laws, or requirements of the agency and will be independently responsible for issuing a contract and/or purchase order directly to the awarded architects, engineers, and other consulting firm. MRSC does not accept responsibility or liability for the performance of any architects, engineers, and other consulting firm used by the Agency as a result of this Contract. The Agency shall be independently responsible for any payments directly to the firm that is employed as a result of this Agreement. The Agency hereby agrees to indemnify and hold harmless MRSC, its officers, employees, and agents from any and all claims, actions, costs, damages and expenses of any nature arising out of or in conjunction with any act authorized by this Contract. MRSC Rosters Contract . Page 3 l: ~-"' - records. The [City] may require master contracts to be signed that become effective when a specific award is made using a small works roster. 3. Telephone or Written Quotations. The [City] shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1) and may establish supplementary bidder criteria under RCW 39.04.350 (2) a) A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. b) Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. "Equitably distribute" means that the [City] may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. If the estimated cost of the work is from one hundred thousand dollars ($100,000) to two hundred thousand dollars ($200,000), the [City] may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must notify the remaining cOI?-tractors on the appropriate small works roster that quotations on the work are being sought. The [City] has the sole option of determining whether this notice to the remaining contractors is made by: (i) publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (ii) mailing a notice to these contractors; or (iii) sending a notice to these contractors by facsimile or email. c) At the time bids are solicited, the [City] representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project; d) A written record shall be made by the [City] representative of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. 4. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars ($35,000), the [City] may award such a contract using the limited public works process provided under RCW 39.04.155 (3). For a limited public works project, the [City] will solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010 After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the [City] may waive the payment and performance bond requirements of chapter 39.08 RCW and the retain age requirements of chapter 60.28 RCW, ' other consulting services are required by the agency and to use paper and/or other electronic rosters that may be kept on file by appropriate [City] departments. PASSED this day of ,20_, , 20_ and signed in authentication of its passage this _ day of [Mayor] ATTEST: CLERK APPROVED AS TO FORM: [City] ATTORNEY Q INFORivIATION JVIEMORA1~DUlVI To: From: Date: Subject: Mayor Haggerton Public Works Directo~ January 22, 2008 Builders Exchange of Washington ISSUE Discuss on-line bidding using Builders Exchange of Washington (bxwa.com). BACKGROUND Public Works staff utilized online bidding via bxwa.com on several construction bids last year as part of a pilot project to assess the value of this somewhat new method. It was determined that using online bidding was a net benefit to the City. In traditional construction bidding, the original plans and specifications are sent to a reprographics company for printing (typically has been a set of 50, of which over a dozen get sent free of charge to plan centers to encourage subcontractors and vendors to bid to prime contractors). We have typically charged $50 per set, including postage (ranged from $4 to $20 to send out). This method had proven to be very cumbersome for counter staff to collate, number, track and charge plan holders. In this online bidding method, 1 copy of all plans and specifications are transmitted to bxwa.com, who then scans and posts the information to their website for a nominal fee (around $100 for an average size project). The City's Call for Bids directs the bidders to bxwa.com and Tukwila's portion of the website for bidding. The bidder may print out documents to their own printer, or order document printing from a printing company of their choice. ANALYSIS The savings to the City is more efficient use of front counter time. Plan holders lists are maintained by bxwa.com. The City will reduce printing and postage expenditures as well. The benefits to the prime bidders, subcontractors and vendors, is quicker and easier access to plans and specifications that result in more competitive bid prices. If any contractor, subcontractor or vendor approaches the City and demonstrates that they do not and cannot access the internet, such arrangements will be made for them to obtain a full set of bid documents. RECOMMENDATION Endorse further use of online bidding. Attachments: Project Posting Guidelines Price Schedule Information Package P:\BOB\TC_UC\BXWA\Info Memo - Builders Exchange of Washington. doc 11 3. Quality Control: 1. Following receipt of the documents by Builders Exchange of Washington, allow 24 hours for the initial project documents to appear on-line. Allow 12 hours for addenda to appear on-line. 2. Within twenty four (24) hours after the project documents are available on-line, the "'rime Design Consultant's project manager and/or the Public Agency's project manager shall review the on-line documents and notify Builders Exchange of Washington if there are any required modifications, additions, or changes needed to the documents that have been posted on-line. This review is requested at both the original project posting stage and following the posting of any issued addenda. In the event that a ,110dification is needed following this review, a clarification or addenda shall be issued by the public agency (or prime design consultant) alerting potential bidders of document modifications and or additions. 3. Prime Design Consultant's project manager and the Public Agency's project manager are encouraged to "Register" on-line in order to receive emailnotification of addenda that are posted to the project's documents. Registration should occur at the time of review of the initial project documents that are posted on-line. 4. Conditions Agreement & On-Line Plan Room Set-up: If your Public Agency does not already have an on-line plan room with bxwa.com, the following set-up information is required: 1. Your Public Agency's logo. Logo is used to announce to bidders that they have arrived at your agency's on-line plan room where documents can be accessed. 2. Conditions Agreement: Your Public Agency's on-line plan room (including any linking to project documents from your Public Agency's own website) shall include a 'Conditions Agreemenf, requiring user acknowledgement in order to gain access to the project documents. Conditions Agreement shall include the following language: 1. Document clarity is dependent on the condition of original source documents and is not guaranteed. 2. BXWA and the Public Agency do not warrant programs or job images to be free from defects or errors, whether known or unknown, existent or latent. 3. BXWA and the Public Agency do not warrant software or services provided by others in any manner, nor do they warrant that any services or images are guaranteed for any other purpose. 4. BXWA and the Public Agency endeavor to provide accurate information with this service and the project information provided on-line. However, errors or omissions may occur and users are advised not to rely completely on the accuracy of the information. BXWA and the Public Agency disclaim any and aI/liability arising from inaccuracy or incompleteness of any such information. 5. Access to project documents is provided for use by bidders (General Contractors/ Prime Bidders, Subcontractors and Suppliers), Public Agency personnel, and the Public Agency's consultants only. Any other use is prohibited, except when the named Public Agency uses this area as it's official/primary means for the issuance and distribution of its project bid documents; whereupon "recognized" plan centers may be aI/owed access in order to print project documents for use in their own physical plan center and/or to link to this project (and this Conditions Agreement) from their own on-line plan room. "Harvesting" (downloading, copying, and transmitting) of any project information and/or project documents for purposes of reselling and or redistributing information by any other party is not aI/owed. 6. Bidders are encouraged to "Register" on-line in order to receive automatic e-mail notification of addenda and to be placed on the "Bidders Us!". 7. Bidders are ultimately responsible to investigate and acknowledge aI/ issued project addenda information, whether posted on-line or not. 8. Acknowledgment below constitutes that user has received authorization from user's employer to access documents and accept these conditions. I Aaree I Decline 5. Billing Information: An itemized invoice will be mailed at the end of each month, recapping services provided during the previous month. Invoice will be broken down Showing the charges for each posted project. Provide the following information to Builders Exchange of Washington: Agency name, Address Phone Fax Primary point of contact person Thank you for utilizing Builders Exchange of Washington, Inc.'s services We encourage all departments I divisions of your Public Agency to post their project bid documents to your Public Agency's on-line plan room area. This simple process will enable your agency to take full advantage of the on-line traffic I project exposure made available to the construction I bidding community, that routinely visit bxwa.com's Public Works area to investigate work opportunities. P:\BOB\TC-,UC\BXWA\Project Posting Guidelines (9-l-ll6).doc Page 2 of 2 1':1 B}.:ijJQers. Exchqnge n u.... ..... o[Wa4hjngton ~.................... -.-..M.........-..-.v............ . --~- 1"-.-. - u _0-' :::::rN On-Line Archiving Services Effective 9/1/06 (For Public Agencies) Builders Exchange of Washington, Inc. is pleased to announce I offer its new on-line archiving seNice. Benefits: · No more lost I misplaced paper documents or CD's. · Better I more secure control. · Improved coordination, efficiency & historic document access. · Timely I concurrent access to as-built project information by multiple users. · Eliminate dependency on expensive & labor-intensive "hard-copy" plan storage vaults. · Access historic project information & job details for use during on-going building maintenance, space planning, and future tenant improvement work. · Instantaneously access completed like-kind jobs for use during design-development on future projects. Fees: The following fee schedule provides our clientele with an "Archived Proiects" area within their own unique on-line plan room, where previously posted project documents & as-builts can be stored indefinitely. Project password protection or area password protection is available. Monthlv Fee Proiect Size $ 1.50 I per month I project $ 3.50 I per month I project 0-500 images (plans + specs) 501 + images (plans + specs) Conditions: 1. "Substantial Completion" has been attained. 2. Project has been continuously posted for 10 months or more. If not, archive fee will be $25.00 I month for the first 10 months, before lower monthly fee is applied. Scanning & Posting Fees: Scan, Index, & Post new I additional documents to my "Archived Projects" area: 1. Plans (~11x17) $1.25 per sheet 2. Specifications (8.5 x 11) $0.25 per page P:\BOB\TC_UC\BXWA\Price Schedule-Public Works (9-1-06).doc 11:; Public Agency Information Package September 1, 2006 Build(:TS. Exchange of Washington . Bid Document Distribution Services / On-line Plan Center Thank you for allowing us to introduce Builders Exchange of Washington, Inc. (bxwa.com) to your organization. We are certain you will find the features and cost savings associated with our services to be very compelling. Our commitment to your agency is to provide "the most cost effective way for a Public Aaencv to distribute bid documents and obtain the areatest number of competitive bids. in the shortest amount of time. at the lowest possible cost II Because of this and our dedication to customer care and service, we welcome the opportunity to act as your primary bid document distribution source for both major projects and your small works roster. We stand ready to assist! A bit more about who we are, what we do, and how we do it: 1. Company history Builders Exchange of Washington, Inc. (bxwa.com) is a local, woman, & disabled U.S. Veteran owned business based in Everett, Washington. Founded on over 27 years of experience and support to the construction industry, its active walk-in plan center started in 1986 followed by the creation (addition) of its on-line plan center (bxwa.com) in 1997. Our expertise includes firsthand knowledge in the estimating and bidding process at both the General Contractor and Subcontractor level. Three of our key staff members hold over 78 years experience in lead/chief estimator roles, where they bid / proposed on all project types (commercial, industrial, civil, and residential); at both the General Contractor and Subcontractor level; and on all forms of project delivery methods (LS, GMP, T&M, D-B, CM, GCCM). This firsthand expertise provides a clear understanding and embracement of both an Owner's and Bidder's needs, culminating in a service that is simple to use and access; especially at the SubcontractorNendors level which collectively represents 80% to 90% of a Prime Bidder/General Contractor's $ bid amount to you. More bidders = more competition = lower overall cost. 2. Overview of Services: Builders Exchange of Washington is a full-service on-line plan center and walk-in plan center that services both the private and public sector. Our growing list of clientele includes: State Agencies, Counties, Municipalities, Port Authorities, D.O.T.'s, Higher Education Facilities, Owners, Developers, General Contractors, Subcontractors, Vendors. List of services includes: 1. Bid document distribution services & on-line plan rooms for Public Agencies; providing free and unencumbered access to Public Agency bid documents by General Contractors, Subcontractors, and Vendors. 2. Bid document distribution services & on-line plan rooms for General Contractors; providing free and unencumbered access to GC bid documents by Subcontractors and Vendors. 2607 Wetmore Avenue - Everett, WA 98201 (425) 258-1303 or (425) 743-3244 Fax (425) 259-3832 http://www.bxwa.com P:\BOBITC_UC\BXWAIPublic WorKs Info Package {9-1-<l6)_doc 6. State of Washington - Department of General Administration, Engineering & Architectural Ser/ices Division. Builders Exchange of Washington, Inc. currently holds the only on-line plan center service contract to provide a web server site for publishing Public Works bid packages on the Internet. This state contract (No. 2007-001) for Electronic Bid Package Services was a competitively bid and won contract that was awarded to Builders Exchange of Washington by the Washington State Department of General Administration on July 21, 2006. We are pleased to have held the previous contract for these ser,dces as well, having provided uninterrupted services to the State of Washington since May 2000. Through the services we provide, E&A Services has obtained a "destination site" status on the Internet, providing a common ground area where GCs, Subs, and Vendors go to view and procure work opportunities that are solicited by the State of Washington. 7. References: The following is a list of primarl contacts for a few of the public agencies that have their own unique on- line plan room under bxwa.com: Phone Contact 206-521-1878 Ms. Kristine Erickson 425-452-7876 425-670-6602 425-257-8917 425-587-3827 360-786-5133 360-867-6041 425-348-7119 425-388-0606 253-428-8677 Ms. Mayvis Schwab Ms. Nancy Woods Mr. Bill Barrett Mr. Quinn Golden Mr. Doug Bramlette Ms. Richard Davis Mr. Roger Kee Ms. Charlotte Walther Ms. Ruby Harr 4. Access: Title & Agency Harborview Hospital Bond Program University of Washington Procurement Specialist, City of Bellevue Manager of Purchasing, City of Lynnwood Engineering Public Services, City of Everett City Engineer, City of Kirkland PE, Transportation, Thurston County PE, Evergreen State College Procurement Specialist, Community Transit Contracts Administrator Port of Everett Port of Tacoma Today's market mandates that bidding information be accessible and useable immediately in order for the most competitive bids to be realized. Access to your bid documents is made available to Bidders (General Contractors, Subcontractors and Vendors) free of charge with no geographical boundaries or time constraints. Bidders have the ability to immediately access bid documents and commence the preparation of their bids I take-off on the same day that they are informed about your project - no matter where they are located. Bids are solicited and obtained from a far greater number of Bidders over traditional methods. Bidders are able to view and work with your bid documents from the convenience of their office, home, or job site (2417), on a free of charge basis. This empowers your Public Agency with the ability to solicit and obtain more and better bids from the General ContractorlSubcontractorNendor community, which means more and better bids for you, and of course the resident taxpayer. Bid documents are accessed on the Internet by going to: www.bxwa.com. and clicking on "Posted Projects", "Public Works", and the "Public Agency's nam~".A listing of all projects issued by that office is displayed, by category (described below), bid date, and project name. Access can also be made available (linked) through the Public Agency's own website as well. A. "Projects Bidding" This area is provided for posting of your bid documents (ITB's, Bid Packages, Instructions to Bidders, Scope of Work, Project Schedule, Plans, Specifications, Addenda, Soils Reports, Special Forms, etc.) used to procure bids. Bid documents for all project delivery methods may be posted here, including but not limited to: Lump-Sum, GC/CM, CM, T&M, Design-Build, and RFP type projects I bid solicitations. 2607 Wetmore Avenue - Everett, WA 98201 (425) 258-1303 or (425) 743-3244 Fax (425) 259-3832 http://'NWW.bxwa.com P:\BOB\TC_UC\BXWAIPublicWorlu; Info Package (9-H16).doc 1Q 6. Comparative Cost Savings: Given a typical public works project, a ballpark cost comparison utilizing Builders Exchange of Washington, Inc.'s service over the traditional method of distributing multiple sets of bid documents as follows. Comparison basis = a Public Works project with 200 plan sheets, 1,000 page spec book, and 50 sets: A. Traditional Method: Using a traditional reprographics based entity (50 sets of paper bid doc's) Print plans 200 sheets x 50 sets x $0.60 per sheet $6,000.00 Print specs 1,000 pages x 50 sets x $0.07 per page $3,500.00 Binding, hole punching, stapling, posts,covers, extras, etc. + $$$'s (not considered!) Shipping, handling, and delivery! postage + $$$'s (not considered!) Washington State Sales Tax (assume 8.6%) $ 817.00 Total Comparative Cost = $10,317.00 B. Builders Exchange of Washington Method: (currently utilized by multiple State of Washington agencies) Using bxwa~com's on-line plan center (only 1 set of paper bid doc's needed) Scan, Post, & Host plans 200 sheets x $1.25 per sheet $250.00 Scan, Post, & Host specifications 1,000 pages x $0.25 per page $250.00 Binding, hole punching, stapling, posts, covers, extras, etc. 0.00 (not required!) Shipping, handling, and delivery! postage 0.00 (not required!) Washington State Sales Tax 0.00 (not required!) Total Comparative Cost = $ 500.00 $ 9.817.00 Single Project Savings = Bid Solicitations / year x24 Typical Annual Public Agency Savings 1$235,608.0~ 7. Commonly Asked Questions: A. Describe company owned copyrights and trademarks relating to electronic bid document distribution. Builders Exchange of Washington is the founder, creator. and owner of "FastBid", the world's fastest plan viewer-imaging system. This copyright protected software is the foundation upon which Builders Exchange of Washington's on-line plan center has been built. Fastbid enables bidders to view, access, print, and work with bid documents on the Internet in a manner that is fast, convenient, and user friendly. Extensive training is not required, enabling bidders to be up and running (estimating) immediately. Ease of use and accessibility enables a Public Agency and General Contractors (or Prime Bidders) to obtain greater participation (bidding) by the Subcontractor and Vendor community, which in turn, results in a greater competitive bid environment and lower bid prices back to the Public Agency B. Delivery of documents to Builders Exchange of Washington for posting. Delivery of bid documents to! from Builders Exchange of Washington is performed by the posting agency. Documents may be delivered to Builders Exchange of Washington in one of two ways: 1. Electronically 2607 Wetmore Avenue - Everett, WA 98201 (425) 258-1303 or (425) 743-3244 Fax (425) 259-3832 http://www.bxwa.com P:\BOBITC_UC\BXWAIPublic Works Info Package (9-1-06).doc 0")" F. Describe how addenda distributed and the receipt thereof is tracked. Addenda information is distributed in the same manner as the base bid documents, where Builders Exchange of Washington provides a central point for access to all of the bidding information issued prior to the bid date and bid time. It is commonly recognized among General Contractors I Prime Bidders that the acknowledgment of all addenda is imperative in order to be considered a responsive bidder. It is the Prime Bidders responsibility to ascertain whether the SubcontractorNendor bids that they receive are pertinent to the bid documents, whether the SubcontractorNendor bidding acknowledges addenda information or not. Traditional methods of distributing addendum information previously fell to the selected sole-source reprographics house that would mail out the addenda information to those bidders that were on the plan holders list. However, when a web site is used to distribute documents, anyone that accesses the bid documents, has the ability to return repeatedly to the site to check for any subsequent addendums that might be issued before the project bids. To facilitate the addenda notification process, Builders Exchange of Washington's on-line plan center provides an automated email feature that sends Prime Bidders, Subcontractors and Vendors (that previously filled out an optional simple registration) an email notifying them that new documents have been posted to the project site. This simple process facilitates the generation of SubcontractorNendor bids without imposing onerous registration and login requirements in order to accommodate unwarranted explicit tracking data. Eliminating bottlenecks and knocking down hurdles is key to Prime Bidders being able to seek and obtain the greatest number of SubcontractorNendor bids possible. G. How are hard copies made available to the end users? Describe the number and locations of reproduction centers you work with. Bidders are no longer saddled with the costlinconvenience of waiting for paper bid doc's to be delivered to them, while eliminating the traditional Public Agency's expense to print paper bid documents (whether on a refundable deposit or not) in order to obtain competitive bid quotations. Even though Builders Exchange of Washington is not in the paper printing business, bidders may still obtain paper bid documents in an affordable and convenient manner. The GC I Subcontractor I Vendor has the ability to choose when, where, and how to print bid documents - whether a few select sheets or the entire bid package. Bidders have the convenience to print to their own printer/plotter or obtain copies via overnight delivery from one of hundreds of reprographic houses (throughout the United States) utilizing the on-line print order form. There are no hidden costs, junk fees, pay per look I addenda fees, buy the whole set, or exorbitant charges commonly associated with sole-source reprographic houses. Reprographic houses actually find themselves in the unusual position of having to compete against each other to print the GC I Subcontractor I Vendor's print order! H. What are the minimum hardware requirements for the end user? 233 Mhz CPU, 64 MB RAM, Windows 98 or newer 1024 x 768 hi-color video recommended 24 Kbuad or higher internet connection. i. Which internet browsers support bxwa.com & FastBid? Microsoft Internet Explorer 5.0 or higher Netscape 7.0 or higher Mozilla Firefox 1.0 or higher J. What is the minimum internet connection speed required by an end user to navigate our site easily and quickly? With a little patience 24 Kbuad works. 44 Kbaud recommended. 184 Kbaud or faster broadband works excellent. The FastSid system puts images on our server in a special format to allow for progressive 2607 Wetmore Avenue - Everett, WA 98201 (425) 258-1303 or (425) 743-3244 Fax (425) 259-3832 htto:/Iwww.bxwa.com P:\BOBITC_UC\BXWAlPublic Works Info Pad<age (9-1-06).doc .,"') using paper bid documents that they can easily and cost effectiveJy obtain as weil. When takeoff measurements are produced rrcm on-line drawings, they can be copied via the standard copy and paste clipboard into any estimating system running along side FastBid. Also FastBid's download function can be used to save the 'mages to the hard-drive for use in other estimating systems which have their own takeoff systems. They are saved in industry standard group 4-compressed tiff files. P. Can the end user quantify the project on-line? Yes. Toe use of our unique and simple to use on-Une digitizer provides Bidders with the ability to view and work with bid documents on-iine without the unnecessarj time and expense associated with paper bid documents. Estimators are provided with a too! that enables them to quantify a project ina fraction of the time over traditional wheel/tape/scale methods. Estimators often find that it eliminates their need to print paper bid documents all together. Q. Can the end user do accurate take offs from posted drawings? Yes. As with paper bid documents (plan sheets) a prudent estimator will always check to make sure that they are utilizing the correct scale when preparing their quantity surveys including with on-line documents. Accuracy is also a function of whether drawings have been correctly prepared / drawn as well. From time to time, seasoned estimators will perform independent tests to confirmlverify that take-off quantities are accurate, when quantities are generated by a digitizer rather than from tedious time-consuming hand calculations that can be generated from given dimensional data. One such independent test was brought to our attention by two senior estimators with Howard S. Wright Construction Co.. They performed an independent quantity survey test on a large complicated biotech structure that they had competitively bid and won. The quantity they generated using bxwa.com's on-line digitizer was within 0.01 % of a hand calculation generated from the actual dimensions stated on the structural plans. They deemed bxwa.com's digitizer to produce "bulls-eye" quantities on that particular project. R. What are compatible end user estimating systems? Our site is compatible with all estimating systems utilized by the construction industry,.including but not limited to: Winest, MC2, Timberline. Bid-Tech, Excel Spreadsheets, and of course traditional hand- generated estimates to name offew. On-line bid documents can also be downloaded and uploaded to specialized take-off programs that are utilized by various building trades to perform their take-offs. Our site has also been used to augment and or replace complicated project management systems. S. Are there special printer requirements for the end user to be able to print? FastBid has full support for printing on virtually any printer. It has support to print at partial scale, even tiling on multiple sheets when necessary. T. Describe your end user I customer support. Any end user can contact us by phone on a free of charge basis by calling us at 425-258-1303. When a person calls us during standard work hours (8:00 a.m. - 5:00 p.m. PST), they will be able to communicate with a live human being that will address their needs. Our staff conducts monthly training and education classes at our training /conference facility in Everett, Washington. Staff members also conduct Training/education presentations at public agency facilities in order to maximize attendance by public staff members. U. Describe your on-line infrastructure. Builders Exchange of Washington's on-line plan center is in the process of upgrading its infrastructure to include five (5) terabyte web servers to support and enhance the availability of its service to both the public and private sector. Builders Exchange of Washington is now connected to its main server cabinet, (co-located at FiberCloud in Everett and Bellingham) via gigabit fiber optic cabling. 2607 Wetmore Avenue - Everett, WA 98201 (425) 8-1303 or (425) 743-3244 Fax (425) 259-3832 http://www.bxwa.com P:\BOBITC_UC\BXWAIPublic Works Info Package (9-1-06).doc ') : l?ujlgers Exchange - . o/Washfngton \ <~ ~. ~ PUBLIC AGENCY INVITATION TO BID / BID ADVERTISEMENT EXAMPLE Recommended text to be included in: 1. Newspaper bid advertisements (i.e., Daily Journal of Commerce, Public Notice Section - Ca/ffor Bids) 2. Project Specifications - Invitation to Bid Plans, specifications, addenda, and plan holders list for this project are available on-line through Builders Exchange of Washington, Inc. at http://www.bxwa.com.Clickon:..bxWa.com..; "Posted Projects"; "Public Works", "Your Public Agency's Name", "Projects Bidding". (Note: Bidders are encouraged to "Register as a Bidder" in order to receive automatic em ail notification of future addenda and to be placed on the "Bidders List'. This service is provided free of charge to Prime Bidders, Subcontractors, & Vendors bidding this project. Features: No downloading required; time saving on-line digitizer / take-off tools; automatic addenda notification; view and or print plans, details, & specifications without wait/down time at your own desk top printer, plotter, or from multiple reprographic houses utilizing on-line print order form. Contact Builders Exchange of Washington at 425-258-1303 should you require further assistance.) 2607 Wetmore Avenue - Everett, WA 98201 (425)258-1303 or (425) 743-3244 Fax (425) 259-3832 htto://www.bxwa.com P:\BOB\TC_UC\BXWAIPubliCWorks Info Pacl<age (9-1-06).doc "'7 INFORlvIA TION lUEJVI0RA1'.11JlJA-1 To: From: Date: Subject: Mayor Haggerton Public Works Directo~ January 30, 2008 Citywide Phone System Replacement Proiect City Project No~ 07-BGO! Consultant Selection and Agreement Approval ISSUE The Citywide phone system needs to be analyzed for possible replacement because of its age. BACKGROUND Over the past several years, it has been determined that the City needs to update its telephone system for all city facilities. Last November, the City advertised for Statements of Qualifications from Telecommunications consultants to provide services for evaluating and replacing the current telephone system citywide. Two firms replied, Tellink LID and ComGroup Inc. Staff subsequently conducted an evaluation and selection process and has determined that Tellink L TD would be the most capable of assisting the City through this process. See attached combined [mal ranking criteria matrix. DISCUSSION Attached is the Tellink draft scope of work for review and discussion (Exhibit "A"). It includes: · Needs analysis - survey of City personnel · System audit of current configuration · Assessment of Network Infrastructure · Identify equipment to meet needs The proposed contract has been negotiated for a cost of $16,000 and the 303 Fund will be the budget source. RECOMMENDATION Information only because proposed contract is less than $25,000. RP:sb Attachments: Ranking Criteria for Citywide phone system replacement (Final) Draft Consultant agreement. Exhibit "A" Phone System Scope of Work Final Draft P:\PROJECTSIA- BG Projects\07BGOI City Wide Phone Replacement\UC info memo for Citywide Phone System Repla=ent Project.doc ")n CONSULTANT AGREEiYIEl\"T FOR TELEPHONE SYSTElYI STUDY SERVICES THIS AGREE:MENT is entered into bet'ween the City of Tukwila, Washington, herein-after referred to as "the City", and Tellin...\:: LTD, hereinafter referred to as "the Consultant", in consideration oftne mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Telecommuninications upgrade services in connection with the project titled Citywide Phone System Replacement Project. 2. Scope of Services. The Consultant agrees to perform the services, identified in Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 120 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided in Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $16,000.00 without express v.'l'itten modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the. Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. ,...,,, bem-een the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for com::ibuting to the state industrial insurance program, otherwise assuming the duties or an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The ConsultanCwarrants that they have not employed or retained any company or person, other than a. bonafide employee working solely for the Consultant, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 Exhibit A TeJlink Scope of Work For City of Tukwila Scope of Work Tellink will assist the City of Tukwila with the selection of a new modem Phone System that will: · Support planned growth. · Provide access to features and benefits available with current Time Division Multiplexing (TDM) and Voice over Internet Protocol (V oIP) technologies. · Integrate with existing and planned IT infrastructure as well. In support of this process Tellink will identify the technology best suited to meet these goals, a vendor pool qualified to install and support this technology, and provide City Of Tukwila with all information required for them to choose the best possible solution for their needs. Needs Analysis and Vendor Acquisition Tellink will work with appropriate staff at City Of Tukwila to develop a detailed understanding of their current and expected future business processes. That information will provide the basis for the development of a custom request for proposal (RFP) which will be used to guide the City of Tukwila in either the selection of a new phone system or a decision to postpone this purchase to a future date. The key components ofthis process will include the following: · System audit of current equipment configuration, dial tone and data services for all City locations. Tellink will require the following to accomplish this audit o Access to all current phone systems documentation. o Copies-of two months bills for all recurring charges for telecom and data com servIces. o Access to information describing data network topology. · Interviews with key managers to determine needs and project criteria. This scope of work assumes interviews of no more the 20 key managers and/or employees done in groups whenever possible. · Creation of a custom survey for distribution to all City of Tukwila employees to determine their current use of communications technology and to solicit their input and ideas for future upgrades. Survey results will be considered in the creation of an RFP. (Tellink typically provides these surveys in a Microsoft Word document form with text form fields for easy and convenient completion.) · Assessment of Network Infrastructure to determine ability of current security configuration to support remote Private Branch eXchange (PBX) _ extensions via V oIP specifically and city growth plans in general. Assessment of current cable plant to determine requirements for any additional voice and data cables required to support expansion plans. "'1:" · Documented audit of current equipment configuration, dial tone and data services. · Engineering of Dial Tone Sene-ices required to support recommended phone system design. · \Vritten summary of data gathered during interview process. · Written summary of survey results. , · 'Written recommendation for LAN, W At'J, and cabling configuration required to support city needs. · Documented list of appropriate vendors for equipment provisioning. · Written RFP · Spreadsheet comparing RFP responses. · Creation of system demos agenda and representation and management of system demonstrations to be held at no more than three vendor fmalists. · Final assessment of vendor presentations and assistance with selection of apparent winning vendor. Written assessment discussing short and long term consequences if a decision is made to postpone the purchase of new phone systems for the City to a future date. Pricing Tellink agrees that total charges under this Scope of Work shall not exceed $16,000 without an agreed on Supplemental Agreement. Tellink will bill a variable labor rate listed below based on the skill level required for the job being performed. Our pricing estimate is based on a price range where depending on the complexity of the tasks your final bill will fall somewhere within the range. Tasks that we are asked to do that fall outside of the Scope of Work will be billed at our regular T &E rates defmed below. We will keep you informed of any out of scope work that will impact your fmal price and will ask for your approval before performing this type of work. Non-contracted Consulting Rates: Principle Consultant Senior Consultant Associate Consultant Technical Administrative Support Expenses $140.00/Hr $ 130.00/Hr $ 115.00/Hr $95.001Hr $65.00/Hr Per Client Approval (Note: Tellink will only bill for actual hours worked and shall itemize those hours worked.) '1'7 INFORlVL;\TION MEMO TO: FROM: DATE: SUBJECT: Mayor Haggerton n Public Works Directo~ January 29, 2008 O~ Southcenter Boulevard Water Main Replacement Project Project No. 98-WT05, Contract No. 07-054 Change Order No.2 - Final Settlement - Budget Shortfall ISSUE Approval of Change Order No.2 brings total [mal project cost over budget. BACKGROUND R.L. Alia Company overran the contract time by approximately 100 days and was initially assessed liquidated damages of over $100,000. Subsequently, R.L. Alia fIled a protest and provided additional documentation and details demonstrating that, in a lawsuit, they may be able to show that the plans were not clear enough to allow the bidder to plan for all the intricacies required to install the new water main across the Southcenter Boulevard Bridge through exiSting knockouts and penetrations without significant extra labor, materials, equipment and contract time. Due to the overruns in time, the base contract of $89,615 for construction management (CM) was increased with Amendment 1 by $12,414 and Amendment 2 is pending at $6,771, for a CM total of $108,800. Subsequently, the final settlement Change Order was negotiated in the amount of $73,000 to compensate R.L.Alia Company for all additional direct labor,.equipment and material costs. The attached closeout budget analysis shows that the expenditures exceed the budget amounts by $45,000. . ANALYSIS This final settlement Change Order is a fair and equitable complete compensation. Furthermore, this settlement minimizes the risk of a protracted battle with a contractor and eliminates potential litigation costs. An upcoming agenda item for an interlocal agreement with King County Metro includes savings of up to $110,000 for the City of Tukwila. King County will pay for the design and construction if Tukwila agrees to pay for bidding and construCtion management. See page 81 of the 2008 CIP for proposed savings. RECOMMENDATION Approve using ending water fund balance due to savings in the Interurban Water Reuse project to pay for project budget shortfall. Attachments: Closeout Budget Analysis 2007 CIP pages 78 and 79 2008 CIP page 81 P:\PROJECTSIA- WI Proj<cts\98o.10S Southcenter Blvd\Info Memo C0#2 1-23-08 - UC budget paper.doe CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2007 to 2012 PROJECT: Southcenter Blvd Water Main Replacement LINE ITEM: 401.02.594.34. .09 PROJECT NO. 98 -WTO5 DESCRIPTION: Design and construct 1,900 LF of new 10" ductile iron pipe from Grady Way to Tukwila Parkway. JUSTIFICATION: Aging cast iron system has suffered frequent and spectacular failures. STATUS: Survey and in -house design began in 2004, advertise bids in late 2006 with construction in 2007. MAINT. IMPACT: A new pipe will significantly reduce impact on crews from the risk of cataclysmic events. COMMENT: FINANCIAL Through Estimated (in $000's) 2005 2006 2007 2008 2009 2010 2011 2012 BEYOND TOTAL EXPENSES Design 30 15 45 Land (13./W) 0 Const. Mgmt. 50 50 Construction 490 490 TOTAL EXPENSES 30 15 540 0 0 0 0 0 0 585 FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected Utility Revenue..... 30. 15 540. 0 0 0 0 TOTAL SOURCES 30 15 540 0 0 0 PnoJeot Location 78 0 0 0 0 0 585 0 0 0 585 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: FINANCIAL (in $000's) EXPENSES Design Land (R/W) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected Utility Revenue TOTAL SOURCES CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 Interurban Water Reuse LINE ITEM: 401.02.594.3.. .21 PROJECT NO. 92-WTO6 Develop water reuse along the Interurban corridor with Class A treated wastewater from the Eastside Reclamation Facility for irrigation, sewer flushing, sweeping, dust control, and other non potable uses. Using reclaimed water is an element of the City's Water Conservation Plan as well as the Cascade Water Transmission and Supply Plan. King County Department of Natural Resources (KCDNR) and the City are currently completing the assessment of crossing the river through an old 6" line in order to serve Baker Commodities. Future maintenance and operation of the new meters, tracking and preventing cross connections. KC Dept of Natural Resources maintains and operates a distribution pipe from the Eastside (Renton) Reclamation Facility to the golf course. Through Estimated 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL 17 13 110 13 15 132 20 0 17 123 0 0 0 0 0 0 160 15 5 0 0 0 0 13 15 132 0 0 0 0 0 0 160 13 15 132 0 0 0 0 0 0 160 Project Location 81 A City of Tukwila Jim Haggerton, lv!ayor Department oj Community Development jack Pace, Director To: From: Subj: Date: Utilities Committee ~ Jack Pace, DCD Director \\ Recycling Grants lnterloc greements January 28, 2008 ISSUE Signed interlocal agreements are needed so that the Tukwila Recycling Program can accept and use its approved grant funding for 2008 and 2009. BACKGROUND Since the 1990's, Tukwila's Recycling Assistance Program has been operated entirely through grant funding, without the use of General Fund monies. Tukwila has received two grants that support the Recycling Program initiatives--one is a Waste ReductionlRecycling grant (W/RR) from the King County Solid Waste Division, and the other is a Coordinated Prevention grant (CPG) from the Washington Department of Ecology. Both grants cover the period from January 1,2008 through December 31, 2009, and each requires a signed interlocal agreement. DISCUSSION The grants are described below: Waste ReductionlRecycling Grant (W/RR) The Waste Reduction/Recycling grant from the King County Solid Waste division totals $78, 655 for the 2008-2009 grant period. (Attachment A) The grant will be spent evenly over two years, with $39,327.50 budgeted in both 2008 and in 2009. WRR grant funds will be allocated as follows: · Special Residential Recycling Collection-($15,000) Hold two yearly events to collect hard-to-recycle goods (i.e. electronics, tires, furniture, bulky yard debris, etc.) from Tukwila residents · Residential Recycling-Food Waste Program ($12,000) Provide Tukwila residents with countertop food waste recycling containers, and educational materials on home food waste recycling. · Non-residential Recycling-($51,645) Assist Tukwila businesses in reduce waste, starting or improving a recycling program, purchase recycled products, and, where possible, to develop sustainable Rf 1 Q:\RECYCLING 2008\2008-2009 WRR & CPG-- utiJititesctteebriefing--#2-- J .28.08.doc 01/29/2008 liS ~ "e. ".,^^ ~ 7 _*, Trr '... ~ """'''1\ _ "'1'_ _ n _ JI ..".., ""lI L..,..I"I _ T""_. _ "" ~ A i) ~ 11 r- ~ C' ATTACHMENT A CONTR.ACT # D36991 D INTERLOCAL AGREEMENT FOR 2008-2009 Between KING COUNTY and the CITY OF TUK\VILA This two-year Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a political subdivision of the State of Washington, and ~heCity ofTukwila, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This Agreement has been authorized by the legislative body of each party as designated below: King County Ordinance No. 2003:'0462 City . PREAMBLE King County and the City of Tukwila adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these 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 with waste reduction and recycling programs and direction. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed 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 Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfili 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. PURPOSE The purpose of this Agreement is to define.the terms and conditions for funding to be provided to the City of Tukwila by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. I . >1'7 . 4. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas 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 for following all applicable Federal, State and local laws, ordinances, rules 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. 6. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis efrace, 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 performance of this Agreement, neither the City nor any party subcontracting 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 use recycled paper for the production of all printed and photocopied documents 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 maintain accounts and records; including personnel, financial, and programmatic records, and other such records as may be deemed necessary by theCounty, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shan sufficiently and properly reflect all direct ~d indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless 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 law. . . 10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be 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 2012. 3 An ------~--- ------ The City of Tukwila's estimated grant funds for 2009 are $39,323. 2009 funds are not available until January 1, 2009, and 2009 funding is contingent upon King County Council approval of the 2009 King County budget. Following approval oftfie 2009 King County budget, the County's grant program administrator will notify the city of the final 2009 grant funding. 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County 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 authorize payment for activities andlor 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 right to withhold all or partial payment if the 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 of work for which reimbursement is being requested), andlor are not consistent with the scope of work and budget attached as Exhibit A. 3. The County agrees to credit the City on 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,Uetc~), 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 Tukwila" andlor "text provided courtesy of the City of Tukwila". 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 by Morgan John, a Project Manager, or designee, to be specified by the King County Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2008 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2008 and shall terminate on December 31,2009. However, if execution by either party does not occur until after January 1,2008, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2008 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II. 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 III, upon thirty (30) days advance written notice B. This Agreement may be tenninated by either party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for 5 .-" VII. INSlJRt\.NCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the 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 Agreemer:t by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance c9mbined single limit per occurrence for bodily injury, personal injury, and property damage. Any deductible or self-insured retentions shall be the sole responsibilIty oftne City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance is attached to this Agreement as Exhibit C, unless Section VILB. applies. B. lfthe Agency is a Municipal Corporation or anagency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACTfWAlVEROF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of -any subsequent default. Waiver of breach of any provision of this . Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be . construed to be a modification of the terms of this Agreement unless 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 performance 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 of the remaining portions. 7 1:'1 vVRR GRANT 2008-2009 Scope of Work City of Tukwila A. Basic Information 1. City ofTukwila 2. City Optional Program,. Waste Reduction and Recycling Program 3. Rebecca Fox, Senior Planner City ofTukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206-431-3683 (phone) 206-431-3665 (fax) rtox{2V,ci. tukwila. wa. us 4. The City of Tukwila will work with consultants for residential and non-residential assistance. We plan to use Olympic Environmental Resources to run our Special Recycling Events. 5. Budget: 2008: $39,323 2009: $39,322 Total Amount Requested: $78,645 for 2008 through 2009 including: · Special Recycling Collection -$15,000 (approximately $7,500 to be spent in both 2008 and 2008) · Non-residential Recycling--$51, 645 (approximately $25, 322 to be spent in both 2008 and 2009, including $7,425 local match totaling for CPG grant)) · Food Waste Recycling Containers and Infonnation--$12, 000 (approximately $6; 000 to be spent in ooth 2008 and 2009) Scope of Work 1. Task One: Special Recycling Collection Events a. Schedule - One event each in Spring, 2008 and Spring, 2009 b. ProgramJProject Specifics 1) Proj ect Activities · Number of events - Two · Materials to be collected: · Applian.ces Rf 1 12/28/2007 C:\Documents and Settings\johnm\Local Settings\Temporary Internet Files\OLK24\WRR Grant 2008-2009-- 10 31 07.doc cc Management/Staffing / Admin Event Staff Costs CollectionlHauling Costs · Wood Waste · Scrap Metal, Appliances, etc. . Tires Printing/Mail ing Event Supplies Other Expenses-rentals. etc. TOTALS $4, 150 $1,600 $1,400 . $2,800 $1, 100 $2,050 $300 . $1. 600 $15,000 *Hourly rates for consultant staff are as follows: Project Manager - $70.00, Event Staff _ $55.00, and Administrative Staff - $40.00. E) Task Performance Objectives: The City plans to send out approximately 7,500 promotional flyers to Tukwila households per event and publicize the event through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 45-60 tons of material from the local waste stream per year. After collection, materials will be diverted from the waste stream and processed for recycling. The event will also provide an opportunity to recycle modenite risk waste, although this will not be pa~d for with WRR funds. The King County Health Department, the City of Tukwila, and Washington State Department of Ecology will pay for event expenses as well. Allied may also participate in the Spechtl Residential Collection Event by holding the collection events that have been specified in its contract with the City of Tukwila as part of the Special Residential Collection Event. If this is the case, the project budget will be adjusted accordingly. F) Task Impact Objectives: By hosting Recycling Collection Events, Tukwila can reduce the amount of recyclable material that goes to the local landfill. With a population of approximately 18,000, the City of Tukwila expects, 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 45-60 tons of material diverted from the local waste stream for recycling per year. Rf 3 12/28/2007 C:\Documents and Settings~ohnm\Local Settings\Temporary Internet Files\OLK24\WRR Grant 2008-2009-:-- 10 31 07.doc Recycling and Waste Prevention Specialist (consultant to the City of Tukwila) will respond to all requests for information and assistance. We will target property managers to initiate and maintain assistance in recycling, waste prevention, and procurement of recyc1edcontent products, as well as other resource conservation/sustainability messages. We plan to coordinate efforts with Allied Waste to encourage outreach resulting in increased business recycling. We expect Westfield Shoppingtown Center-Southcenter to be a special focus in 2008-2009 as it completes its renovation and expansion, and begins to occupy the space. As time and resources permit, we will undertake the following at City of Tukwila facilities: · In-house Recycling: We will focus attention on improving recycling at the City of Tuk\\ila facilities and assisting employees with in-house recycling programs. As appropriate, we may perform waste audits on City facilities, and make adjustments to in-house practices to provide more recycling options. · Parks Recycling Pilot Program: We would like to purchase several recycling bins to establish a pilot recycling program at a Tukwila park. We will work with Parks and Recreation staff to develop procedures that minimize the amount of contamination in the recyclables and will enable Parks staff to collect recyclables efficiently. In addition to telephone, e-mail, mail or on-site assistance, and maintaining and updating our website presence, we will continue our recognition program to highlight outstanding business recycling programs ("Tukwila Green Works" and "Tukwila Business Recycler of the Year"). We will also provide informational materials promoting non-residential recycling, including an e-newsletter, case studies, informational stickers, handout for use with janitorial companies We will 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 theworkplan. 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 content goods, and, 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 v-.ith the King County's Business Recycling Program by working v-.ith any Tukwila business that has been referred by the County. As appropriate, we will mal<e most efficient use of resources by participating in the County's industry- or topic-specific campaigns or other initiatives. Rf . 5 12/28/2007 C:\Documents and Settings~ohnm\Local Settings\Temporary Internet Files\OLK24\WRR Grant 2008-2009-- 1031 07.doc r-n Program I Consultant $19,500 * $19,500* I $39,000 Staffiadmin. $822.50 I $822.50 i $1 645 i '~, . Supplies/mat'ls $500 $500 I $1,000 Printing/ $3,000 $3,000 $6,000 Mailing Capital Costs $2,000 $2,000 $4,000 (Containers) * Includes $7, 425 for local matching funds as required by CPG grant program Task Three: Residential Program Subtask 1.: Food Waste Program Promotion a. Project Manager: Rebecca Fox b. Consultant: We will select acorisultant to develop promotional materials and to distribute in-home food waste containers to residents. C. Schedule: Subtask 1: Food waste containers to be distributed in 2008 and/or 2009. d. Goal: Subtask 1: · Increase awareness of and participation in food waste and yardwaste recycling programs among (single-family) Tukwila residents e. ProgramlProject Specifics . 1) Background/History Vegetative food waste recycling is now offered to Tukwila residents who subscribe to yardwaste recycling. It is included in Allied Waste's contract with the City ofTukwila. Yardwaste collection is not part of the standard fee for solid waste (garbage and recycling) service, -so Tukwila solid waste customers still must pay a separate fee to receive yard waste sef':'ice. We plan to offer the countertop food waste containers to residents who subscribe to yardwaste service. By providing the containers either for free or for a very minimal cost, we hope to educate people about the benefits of food waste recycling, and to encourage them to sign up lor yardwaste collection service. Task Performance Objectives: Subtask 1: Over the grant period, the City will make approximately 300 to 500 plastic countertop food waste containers available to residents either at a specific sales event, at Special Recycling Collections, or through a "virtual" sale (i.e. by mail). The City will buy containers, subsidize the cost using \VRR funding, and either give the containers to the residents for free or for a very reduced cost. We will work \vith Allied Rf 7 12/28/2007 C:\Documents and Settings\johnm\Local Settings\Temporary Internet Files\OLK24\WRR Grant 2008-2009-- 1031 07.doc <0''1 ATTACHMENT B STATE OF WASHINGTON DEPARTMENT OF ECOLOGY ANTI CITY OF TUKWILA Grant No: G0800340, Coordinated Prevention Grant Regular Cycle Agreement. This is a binding agreement entered into by and between the State of Washington Department of Ecology, hereinafter referred to as ECOLOGY, and City ofTukwila, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION; MAILING ADDRESS: CITY, STATE, ZIP: RECIPIENT GRANT COORDINATOR: TELEPH01\TE: FAX: E-MAIL: RECIPIENT BILLING/INVOICE COORDINATOR: TELEPHONE: FAX: . E-MAIL: ECOLOGY GRANT OFFICER: TELEPHONE: FAX: E-MAIL: FUNDING SOURCE MAXIMUM ELIGIBLE COST $ STATEGRANTSHARE $ LOCALSHARE $ STATE MAXIMUM GRANT PERCENT FEDERAL TAX IDENTIFICATION NO. City ofTukwila 6300 Southcenter Boulevard Tukwila, WA 98188 Rebecca Fox (206) 431-3683 (206) 431-3665 rfox@ci.tukwila.wa.us Rebecca Fox (206) 431-3683 (2Q6} 431-3665 rfox@ci.tukwila.wa.us Peter D. Christiansen (425) 649-7076 (425) 649-7098 pchr461@ecy.wa.gov Local Toxics Control Account 29,701 22,276 7,425 75% 91-6001519 For the purpose of this agreement, the RECIPIENT will be allowed to match the state grant share with cash and interlocal in-kind costs in accordance with application instructions. This agreement is effective on January 1, 2008. 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 RECIPIENT. This agreement shall expire no later than December 31, 2009. /::'J Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City ofTukwila Method of Evaluation: The RECIPIENT will carry out a phone or e-mail survey of approximately 50 selected businesses, asking them about their recycling! waste reduction/resource conservation practices prior to, and after receiving assistance to see if they ChaJlge any behavior or adopted a new practice. * Estimated Project Cost: $ 29, 891 COMMUNICATION ECOLOGY's regional grant officer will contact the RECIPIENT grant coordinator as needed to monitor progress toward goals and check consistency with Work Plans and Timelines. It is the responsibility of the RECIPIENT to contact his or her grant officer with any other questions or concerns regarding the grant. Grant officers are available to provide technical assistance at any time during the grant cycle. BILLING AND REPORTING A payment request consists ofFonns A-19, B2, C2 and a progress report. Unless stated otherWise in this agreement, the RECIPIENT must submit a payment request (with a progress report) at least quarterly, but no more often than once per month. The RECIPIENT has elected to budget by category and therefore shall itemize by category element on the B2 and C2 forms and as laid out in the following CPG Budget Table. Itemized costs in payment requests must be by category. The RECIPIENT has elected to submit all supporting documentation as back-up with each payment request. The RECIPIENT must also keep record of supporting documents in accordance with the requirements outlined in the most recent revision of Administrative Requirements for Recipients of Ecology Grants and Loans and make these documents available to ECOLOGY staffupon request. The RECIPIENT must also complete a Final Performance Analysis (FP A) form online through the Information Clearinghouse. The FP A must be submitted before ECOLOGY can process your final payment request. The final-payment request and the FPA are due no later than February 15, 2010 for Regular Cycle grants. REGULAR CYCLE CPG BUDGET CATEGORY TOTAL CATEGORY COST: CPG BASE (174/117) A. WASTE REDUCTION AND RECYCLING $ 29,701 TOTAL MAXIMUM ELIGIBLE COST $ 29,701 Page 3 of7 _ <:1:: Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City of Tukwila B. PROCUREMENT ANTI CONTRi\CTS 1. The RECIPIENT shall follow their sta..l1dard 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 most recent revision of Administrative Requirements for EcologY Grants and Loans. 2. Following execution, at the request of ECOLOGY, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating-t{) this grant agreement to ECOLOGY. 3. The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant funded activities. C. SEP A 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: ECOLOGY's Environmental Review and Transportation Section P.O. Box 47703 Olympia, W A 98504-7703 D. 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. E. FAILURE TO COMMENCE WORK ECOLOGY reserves that right to terminate this agreement in the event the RECIPIENT fails to commence work on any of the projects funded herein within six (6) months after the effective date. F. PROJECT INCOME Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY's Administrative Requirements for Ecology Grants and Loans. G. GRANT REPORTING 1. The RECIPIENT, in conjunction with submission of payment requests, or at the request of the grant officer, shall prepare Progress Reports and submit them to ECOLOGY. The RECIPIENT must also complete and submit a Final Performance Analysis (FP A). Page 5 of7 Grant No. G0800340 Coordinated Prevention Grant Regular Cycle Agreement with City of TukwiIa 5. Use the services and assistance of the State Offi.ce of Minority and \-Vomen's Business Enterprises (OMWBE) and the Office ofMinorirj Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT may report to ECOLOGY payments made to qualified firms at the time of submitting each invoice and on forms provided by ECOLOGY; the information should include: · Name and State OMWBE certification number of any qualified firm receiving funds under the . voucher, including any sub-andlor sub-subcontractors. · The total dollar amount paid to qualified firms under this invoice. K. ALL WRlTINGS CONTAINED HEREIN This agreement, the "General Terms and Conditions", and ECOLOGY's Administrative Requirements for Ecology Grants and Loans, 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 WITNESS WHEREOF, the parties hereby execute this Grant Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Laurie Davies Program Manager Solid Waste and Financial Assistance Date Date APPROVED AS TO FORM ONLY Assistant Attorney General /'II A V 0 f( Title p.,,,.,,, '7 nf' '7