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HomeMy WebLinkAboutReg 2013-10-07 COMPLETE AGENDA PACKETL , Op .y Tukwila City Council Agenda • REGULAR MEETING • 2 Jim Haggerton, Mayor Councilmembers + Joe Duffie + Dennis Robertson David Cline, CityAdministrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Monday, October EXECUTIVE SESSION — 6:15 PM - 7:00 PM Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) (45 minutes) 4 LOCATION: Conference Room #3 7, 2013; 7:00 PM • Ord #2409 • Res #1801 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATIONS a. Introduction of firefighters: Colin Koch and Jeff Hartjoy. b. An update on the Parks, Recreation and Open Space (PROS) Plan, Phase 3. Lauren Schmitt, MIG Consulting, Principal in Charge Pg.1 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT AGENDA a. Approval of Minutes: 9/23/13 (Special Mtg.) b. Approval of Vouchers. c. Authorize the Mayor to sign an Interlocal Agreement between Tukwila, Covington, SeaTac and Des Moines for the Minor Home Repair Program. [Reviewed and forwarded to Consent by Community Affairs and Parks Committee on 9/23/13.] d. Authorize the Mayor to sign an agreement with Jacobs Engineering Group, Inc., for the Boeing Access Road Bridge Rehabilitation Project in the amount of $1,017,772.00. [Reviewed and forwarded to Consent by Transportation Committee on 9/24/13.] e. Authorize the Mayor to sign an agreement with KPG, Inc., for the Thorndyke Safe Routes to School Project in the amount of $74,947.81. Reviewed and forwarded to Consent by Transportation Committee on 9/24/13.] f. Authorize the Mayor to sign an agreement with David Evans & Associates, Inc., for the Manufacturing /Industrial Center Smart Street Non - Motorized Project in the amount of $104,886.00. [Reviewed and forwarded to Consent by Transportation Committee on 9/24/13.] Pg.3 Pg.17 Pg.99 Pg.167 (continued.) REGULAR MEETING Monday, October 7, 2013 Page 2 5. UNFINISHED BUSINESS a. An ordinance updating the allowable sign area for flush- mounted wall signs within the City's Manufacturing Industrial Center /Heavy District. b. An ordinance establishing Tukwila Municipal Code Chapter 2.70, "Public Defense," to include public defense standards for indigent services. c. Authorize the adoption of the Council policy on the use of electronic devices (as provided in the agenda packet). d. An ordinance relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $9,475,893.89 aggregate principal amount of Local Improvement District Bonds to provide funds to finance the public improvements in Local Improvement District No. 33 ( "LID No. 33 "), by reimbursing the City for project costs, including making a deposit to the City's Local Improvement Guaranty Fund and paying the costs of issuance of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; fixing the interest rate on assessments within LID No. 33; and providing for other related matters. Pg.217 Pg.223 Pg.233 Pg.241 6. NEW BUSINESS Satellite Visitor Center: (1) Authorize the Mayor to sign a lease with Westfield Property Management, LLC for a Satellite Visitor Center at the Southcenter Mall in the amount of $1 per year. (2) Authorize the expenditure of $100,000 from the Lodging Tax Fund to staff and operate the project to be included as a 2013 -2014 budget amendment. Pg.265 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.285 8. MISCELLANEOUS ..9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Rick Still, Parks and Recreation Director BY: Dave Johnson, Recreation Superintendent DATE: October 2, 2013 SUBJECT: PROS Plan Phase 3 Update ISSUE Update for the City Council on the status of the Parks, Recreation, and Open Space (PROS) Plan by the consultant, MIG Inc. BACKGROUND The City is working to update the PROS Plan and hired a consultant, MIG Inc., to complete this work. The Consultant will present an update on the status of the project work and will ask for Council direction to help guide them as they prepare the draft Plan. DISCUSSION At the August 26, 2013 Council Meeting, the Consultant provided an update on their work. Based on feedback from Council at that meeting and the Needs Analysis, the Consultant has developed preliminary directions for the updated Plan. The Consultant is seeking further Council direction in the following areas: 1. What is the future of the City's partnership with area school sites for use as public recreational amenities? Are there other providers that should play a larger role in providing access to recreational opportunities in and around Tukwila? 2. Should the City expand the reach of recreation programming and services beyond the Tukwila Community Center? Expanding these opportunities elsewhere will provide a greater public benefit but require a higher level of investment. 3. What are your top priorities for using general fund dollars towards parks and recreation services? This information will be used to assist the Consultant in preparing the draft Plan to be presented to the Committee of the Whole on November 25, 2013. FINANCIAL IMPACT None RECOMMENDATION Information and provide guidance to consultant as they prepare the draft Plan. 1 2 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 10/07/13 EB '1SGors review L Council review ITEM INFORMATION ITEM No. 4.C. CAS NUMBER: STAFF SPONSOR: EVIE BOYKAN ORIGINAL AGENDA DATE: 10/07/13 AGENDA ITEM TITLE Interlocal Agreement for Joint Minor Home Repair program CATEGORY ❑ Discussion Mtg Date Motion Date 10/07/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mty Date ❑ Other Mtg Date /1 Mtg SPONSOR ❑ Counczl ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PV 11 Mayor SPONSOR'S The termination of the City of Pacific, and two new items neccessitate bringing the SUMMARY Interlocal agreement to the Council for approval. The Minor Home Repair program, administered by the Tukwila Human Services Manager will include Tukwila, SeaTac, Des Moines,and Covington. The budgeted amount for the 2013 contract year will be $125,000. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 09/23/13 0 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Human Services Division of the Mayor's Office Unanimous Approval; Forward to 10/7 Consent COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $125,000 $125,000 $ Fund Source: HUD COMMUNITY DEVELOPMENT BLOCK GRANT Comments: 100% of budget is reimbursable under the CDBG award MTG. DATE RECORD OF COUNCIL ACTION 10/7/13 MTG. DATE ATTACHMENTS 10/7/13 Information Memorandum dated 09/23/13 Proposed Interlocal Agreement Minutes from the Community Affairs and Parks Committee meeting of 09/23/13 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community and Parks FROM: Evie Boykan, Human Services Manager DATE: September 23, 2013 SUBJECT: An Interlocal Agreement for Minor Home Repair Program ISSUE Staff and the City Attorney are recommending a new interlocal agreement between the Cities of SeaTac, Des Moines, Covington, and Tukwila, as we start the 2013 contract cycle for the Minor Home Repair Program. Due to the multiple amendments of cities participating, and new paragraphs on termination, a new agreement has been developed. BACKGROUND In January of 2012, Council authorized signature of the interlocal agreement to jointly plan, fund and implement a minor home repair program. We did not consider what would happen if a City was unable to fulfill its obligations as defined in the agreement. ANALYSIS The City of Pacific has formally terminated their participation in the agreement. Furthermore, we wanted to assure that this interlocal would be self- renewing as long as funding was provided by the King County Community Development Block Grant program. FINANCIAL IMPACT The Interlocal Agreement outlines how funds would be shifted if each respective city is unable to spend out the budgeted funds allocated to the implementation of the program. It also gives the administrative agent the authorization to terminate participation of a City that does not fulfill its obligations. RECOMMENDATION Staff is recommending that Council authorize the Mayor to sign the Interlocal Agreement and consider this item under the Consent Agenda for October 7, 2013. ATTACHMENTS Interlocal Agreement 5 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES MOINES, COVINGTON, AND THE CITY OF TUKWILA FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR HOME REPAIR PROGRAM THIS INTERLOCAL AGREEMENT ( "Interlocal ") is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac ( "SeaTac "), the City of Des Moines ( "Des Moines "), the City of Covington ( "Covington "), and the City of Tukwila ( "Tukwila "), hereinafter referred to as "City" or "Cities," to provide for planning, funding, and implementation of a minor home repair program. WHEREAS, the Cities engage in activities which support human service providers in King County; and WHEREAS, the Cities wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities have the authority to engage in cooperative efforts that will result in more efficient use of government resources; WHEREAS, the Cities are signatories to a preceding interlocal agreement for the planning, funding, and implementation of a joint minor home repair program dated February 29, 2012 (the "Former Agreeemnt"); and WHEREAS, one of the participants to the Former Agreement has recently terminated its participation in the Former Agreement and the Cities wish to enter into a new interlocal agreement for the planning, funding, and implementation of a joint minor home repair program from this point forward; NOW, THEREFORE, and in consideration of the terms, conditions, and performances made herein, it is agreed as follows: 1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement between the Cities to consolidate the funding process and implementation of a minor home repair program. This Interlocal will increase the efficiency of administering the program while decreasing administrative costs. 2. Responsibilities. A. Tukwila's Duties. 1) Contract and act as the fiscal and administrative agent with King County for the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila Covington, and SeaTac. Interlocal Agreeement for Minor Home Repair Page 1 of 8 7 2) Maintain required documentation and prepare required reports for King County consistent with the County's requirements regarding the use of Community Development Block Grant funds. 3) Maintain accounts and records that properly reflect transactions related to this Interlocal. 4) Responsible for reimbursing participating cities and submitting required paperwork to King County. 5) Responsible for the implementation of the minor home repair program within Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and King County. 6) Review and pay invoices for any services performed in Tukwila pursuant to this Interlocal. 7) Reimburse SeaTac, Covington, and Des Moines on an as received basis for any invoices received pursuant to this Interlocal. B. SeaTac's Duties 1) Responsible for the implementation of the minor home repair program within SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and King County. this Interlocal. 2) Review and pay invoices for any services performed in SeaTac pursuant to 3) Remit invoices to Tukwila for reimbursement. C. Des Moines' Duties 1) Responsible for the implementation of the minor home repair program within Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in Des Moines pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. D. Covington's Duties 1) Responsible for the implementation of the minor home repair program within Covington in accordance with terms specified in the Block Grant contract between Tukwila and King County. Interlocal Agreement for Minor Home Repair Page 2 of 8 8 this Interlocal. 2) Review and pay invoices for any services performed in Covington pursuant to 3) Remit invoices to Tukwila for reimbursement. E. Cities' Joint Duties 1) Subcontract with an agency /contractors that will perform qualified home repairs in Tukwila, SeaTac, Covington, and Des Moines in accordance with King County's Block Grant program and applicable city policies. 2) No City shall use more funds than have been annually allocated to it by King County for a minor home repair program. However, if a City is unable to spend its portion of the funds by the 3`1 quarter of the year for which the funds were allocated, the Cities may mutually agree to shift those funds to another City that has an on -going demand for minor home repair. Fund allocation shall be as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. Exhibit A shall be amended annually and all subsequent amended Exhibit As shall automatically supersede the prior Exhibit A and be fully incorporated herein upon distribution of each amended Exhibit A to all of the Cities by the administrative agent. 3) Abide by additional requirements outlined in the agreement between Tukwila and King County for a minor home repair program, which is attached hereto as Exhibit B and incorporated herein by this reference. Exhibit B shall be amended annually and all subsequent amended Exhibit Bs shall automatically supersede the prior Exhibit B and be fully incorporated herein upon distribution of each amended Exhibit B to all of the Cities by the administrative agent. 4) The Cities agree to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and /or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and /or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." 5) Duration. This Interlocal shall become effective when it is approved by the Cities and shall remain in effect on an ongoing basis so long as funds are available for the minor home repair program. 6) Termination. Any City may terminate this Interlocal without cause by giving the other Cities a thirty -day written notice. The terminating City shall remain fully responsible for meeting its funding responsibilities to date up to the point of termination and other obligations established by this Interlocal through the end of the calendar year in which such notice is given. The administrative agent is authorized to terminate the participation of any City Interlocal Agreement for Minor Home Repair Page 3 of 8 9 that does not fulfill its obligations as set forth in this Agreement. Written notice of such termination shall be mailed to each City and shall become effective upon said mailing. 7) Notices. Notices to the Cities shall be sent to the following persons: City Contact SeaTac Human Services Manager, currently Colleen Brandt - Schluter 4800 S. 188th Street, SeaTac, WA 98188 206 - 973 -4815; cbschluter @ci.seatac.wa.us Des Moines Tina Hickey 21630 11th Ave S, Suite D Des Moines, WA 98198 -6398 206 - 870 -6558; Thickey @desmoineswa.gov Covington Personnel Division/Human Services, currently Victoria Throm 16720 SE 271st Street, Ste. 100 Covington, WA 98042 253- 480 -2411 Ext. 2237; vthrom @covingtonwa.gov Tukwila Human Services Manager, currently Evelyn Boykan 6200 Southcenter Blvd, Tukwila, WA 98188 206 - 433 -7180; evie.boykan @tukwilaWA.gov 8) Indemnification. Each City agrees to indemnify the other City from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs arising out of claims by third parties for breach of contract, property damage, and bodily injury, including death, caused solely by the negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this Interlocal. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any City agent or employee against the other City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9) Insurance. Each City shall procure and maintain in full force throughout the duration of the Interlocal comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. In the event that a City is a member of a pool of self - insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self - insurance shall provide coverage equal to or greater than that required of non -self insurance pool member Cities. 10) Applicable Law; Venue; Attorney's Fees. This Interlocal shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Interlocal, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Interlocal Agreement for Minor Home Repair Page 4 of 8 10 11) Counterparts. This document may be executed in any number of counterparts, each of which shall be considered an original. 12) Amendment or Modification. This Interlocal may be amended or modified in writing with the mutual consent of the Cities. Amendments or modifications to this Interlocal shall not require the approval of the Cities' legislative bodies. 13) Former Agreement Terminated and Superseded. The Former Agreement between the Cities is hereby terminated and superseded by this Interlocal. IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of this day of , 2012. CITY OF SEATAC CITY OF TUKWILA By: By: Todd Cutts, City Manager Jim Haggerton, Mayor Date: Date: Attest: Attest: [Printed Namel [Printed Namel Title: Title: Approved As To Form: Approved As To Form: Mark S. Johnsen, Sr. Assistant City Attorney CITY OF DES MOINES Shelley M. Kerslake, City Attorney By: Tim George, Assistant City Attorney Anthony A. Piasecki, City Manager CITY OF COVINGTON By: Date: Derek Matheson, City Manager Attest: [Printed Namel Title: Approved As To Form: Interlocal Agreement for Minor Home Repair Page 5 of 8 Date: Attest: [Printed Name' 11 Title: Approved As To Form: Interlocal Agreement for Minor Home Repair Page 6 of 8 12 Sara Springer, City Attorney EXHIBIT A Inter local Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home Repair Program Contract Year 2013/2014 Name of Agencies Qualified contractors Participating Cities & Tentative Funding Tukwila - Lead City $28,000 Des Moines $28,000 SeaTac $28,000 Covington $28,000 Environmental Review $2 000 Lead Based Paint 4,000 Project Management 6,00() Miscellaneous 1,000 TOTAL $125,000 Interlocal Agreement for Minor Home Repair Page 7 of 8 13 Interlocal Agreement for Minor Home Repair Page 8 of 8 14 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes September 23, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: Evie Boykan, Dave Johnson, Jack Pace, Nora Gierloff, Courtney Johnson, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:11 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement: Minor Home Repair Program Staff is seeking Council approval for the Mayor to sign an Interlocal Agreement (ILA) between the Cities of SeaTac, Des Moines, Covington and Tukwila to coincide with the beginning of the 2013 contract cycle for the Minor Home Repair Program. Rather than amending the existing agreement, it was determined that a new agreement should be developed due to the number of recommended amendments. The new agreement provides a termination clause and assures that the ILA will self -renew as long as funding is provided by King County Community Development Block Grant program. Also of note is that the new ILA details how funds could shift if a participant City is unable to spend its allotted portion. UNANIMOUS APPROVAL. FORWARD TO THE OCTOBER 7 REGULAR CONSENT AGENDA. B. Ordinance: Updating Tukwila Municipal Code for Park Commission Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Section 2.32 — Park Commission to modernize the Commission's governance in alignment with current practices. Among the changes of note are policies and procedures relating to instructor services and park reservations, standards relating to quorums and record - keeping, and the addition of a student representative position. The Park Commission unanimously recommended approval of the proposed amendments at its June 19 meeting, minutes of which were distributed at the Committee table. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 14 COMMITTEE OF THE WHOLE FOR DISCUSSION. C. Ordinance: Amendment to Tukwila Municipal Code Title 19 - Sign Code Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Section 19.20.050.A to permit businesses in the Manufacturing Industrial Center/Heavy (MIC/H) zone to have larger flush - mounted wall signs. At its August 26 meeting, the Committee received a briefing on this issue and supported the drafting of an ordinance to reflect this change, which addresses the needs of businesses occupying massive buildings in one zone only. Per previous Committee request, staff inquired and Boeing confirmed there was no need for smaller signage above its entrances. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 23 COMMITTEE OF THE WHOLE FOR DISCUSSION. 15 16 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared b M or review Council review 10/07/13 BG // L KSY 11 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 0 Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police 0 PW SPONSOR'S This design contract is for the Boeing Access Road over BNRR Bridge Rehabilitation SUMMARY Project. Staff advertised Request for Qualifications on July 22 & 29, 2013 and selected three of the six consultants to be interviewed. Jacobs Engineering Group, Inc. ranked the highest. Council is being asked to approve the design consultant agreement with Jacobs Engineering in the amount of $1,017,772.00. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 09/24/13 COMMITTEE CHAIR: // Transportation Cmte ITEM INFORMATION ITEM No. 4.D. 17 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/07/13 AGENDA IIBM TITLE Boeing Consultant Access Road over BNRR Bridge Rehabilitation Selection and Agreement with Jacobs Engineering Group, Inc. CATEGORY ❑ Discussion Mtg Date Motion Date 10/07/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 0 Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police 0 PW SPONSOR'S This design contract is for the Boeing Access Road over BNRR Bridge Rehabilitation SUMMARY Project. Staff advertised Request for Qualifications on July 22 & 29, 2013 and selected three of the six consultants to be interviewed. Jacobs Engineering Group, Inc. ranked the highest. Council is being asked to approve the design consultant agreement with Jacobs Engineering in the amount of $1,017,772.00. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 09/24/13 COMMITTEE CHAIR: // Transportation Cmte ❑ Planning Comm. KATE KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,017,772.00 $1,300,000.00 $0.00 Fund Source: 104 BRIDGES & ARTERIAL STREET (PAGE 11, PROPOSED 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/07/13 MTG. DATE ATTACHMENTS 10/07/13 Informational Memorandum dated 09/20/13 (revised after 9/24 TC) Vicinity map Scoring and Selection Matrix Page 11, Proposed 2014 CIP Consultant Agreement, Scope of Work, and Fee Minutes from the Transportation Committee meeting of 09/24/13 17 18 TO: ) City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Directo BY: Grant Griffin, Senior Program Manager DATE: September 20, 2013 (revised after 9/24/13 TC meeting) SUBJECT: Boeing Access Rd over BNRR Bridge Rehabilitation Project No. 99410408 Consultant Selection and Agreement ISSUE Execute a contract with Jacobs Engineering Group, Inc. to provide design services for the Boeing Access Rd over BNRR Bridge Rehabilitation project. BACKGROUND In November 2012, the City received Federal Local Bridge Program funding for the Boeing Access Rd over BNRR Bridge Rehabilitation Project. The grant funds were awarded for the rehabilitation of the existing Boeing Access Rd bridge by removing all deficiencies whereby extending its service life and improving bridge safety. The City advertised Request for Qualifications (RFQ) in the Seattle Times and the Daily Journal of Commerce on July 22 and 29, 2013 for a design consultant for the Boeing Access Rd Bridge Project. The RFQ submittals were due on August 12, 2013. Six consulting engineering firms submitted Statements of Qualifications (SOQ) for City review. The City's Selection Advisory Committee (SAC) reviewed the 500 submittals and selected three consultants for interviews. Results of the interviews are included in the attached Scoring and Selection Matrix. The Jacobs Engineering Group, Inc. was selected to provide engineering design services for the Boeing Access Rd Bridge Project. DISCUSSION Jacobs Engineering Group, Inc. has provided a contract, scope of work, and fee estimate to design of the Boeing Access Rd over BNRR Bridge Rehabilitation project and advertise for construction bids (see attached contract). FINANCIAL IMPACT Jacobs Engineering Design Contract Contract Budget $1,017,772.00 $ 1,300,000.00 RECOMMENDATION Council is being asked to approve the contract with Jacobs Engineering Group, Inc. in the amount of $1,017,772.00 to provide design engineering services for the Boeing Access Rd over BNRR Bridge Rehabilitation project and consider this item on the Consent Agenda at the October 7, 2013 Regular Meeting. Attachments: Vicinity Map Scoring and Selection Matrix Page 11, Proposed 2014 CIP Consultant Contract, Scope of Work and Fee W: \PW Eng \ PROJECTS \A• RW & RS Projects \BAR Bridge Rehab (99410408) \PE\Transportation Committee \(t)BAR Jacobs Info Memo Consult Select & Contract.docx 19 20 Project Site S Boeing Access Road Bridge Tukwila, WA SF 1way • t! SIO, NOM, ll.S.',Nik ;70731# 64" 22 Boeing Access Road over BNRR Rehabilitation Interview Worksheet Consultant Scoring and Selection Matrix September 10, 2013 High Score = Successful Consultant Tukwila Project No. 99410408 Criteria Possible Points Consultant Tischmak Anderson Griffin 1. Firm's Structure, Qualifications and Experience: 0 -40 DEA 35 37 38 Experience with similar projects, Experience with environmental planning and permitting process, Understanding of project, Approach to project, Familiarity with LAG Manual and Federal Aid/WSDOT KPFF Jacobs 37 40 35 38 35 40 Standards and requirements, Past performances and references 2. Project Manager and Personnel Qualifications and 0 -30 DEA 27 27 28 Experience: Key personnel and resume including project manager and sub - consultants KPFF 25 27 28 Jacobs 30 28 30 3. Team Availability & Anticipated Schedule: Ability to meet schedules 0 -20 DEA 20 18 20 KPFF 20 18 20 Jacobs 20 19 20 4. Presentation 0 -10 DEA 8 9 7 KPFF 7 8 8 Jacobs 10 10 10 Points 100 DEA 90 91 93 KPFF 89 88 91 Jacobs 100 95 100 High Score = Successful Consultant Tukwila Project No. 99410408 24 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 Boeing Access Rd over BNRR Bridge Rehabilitation Project No. 99410408 Rehabilitate the existing bridge with a 340' long concrete or steel bridge structure. It will be 110' wide curb to curb and have sidewalks on both sides. The existing bridge is structurally and seismically deficient. Several pedestals are leaning, have concrete spalls, exposed rusty anchor bolts and reinforcements and some cracks. The existing railings do not meet current bridge standards. Type, size, and location draft report (specifically required for bridges) was completed in 2005. Federal grant applications were submitted in 2008 and 2010 and the bridge rehabilitation was successful for funding in 2012 for federal bridge funds. A Public Works Trust Fund (PWTF) loan was denied in 2013. Maintenance will be reduced. Bridge will be rehabilitated in phases to allow continued traffic use. Federal bridge grant of $9,745,600 requires a 20% local match. A bond issue will be used for the City match. FINANCIAL in $000's Through Estimated 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL EXPENSES Design 53 255 1.045 1,353 Land(R8W) 100 100 Const. Mgmt. 1.400 1.400 Construction 3700 8,700 TOTAL EXPENSES 53 255 1,145 11,100 0 0 0 0 0 12,553 FUND SOURCES Awarded Grant 800 8.945 9.745 Proposed Grant 0 Bond 2.500 2.500 Mitigation 0 City Oper. Revenue 53 255 (2,155) 2,155 0 0 0 0 0 308 TOTAL SOURCES 53 255 1,145 11,100 0 0 0 0 0 12,553 2n/4-uo/9 Capital Improvement Program 11 26 Local Agency Standard Consultant Agreement Consultant/Address/Telephone Jacobs Engineering Group, Inc. 600 - 108th Avenue NE, Suite 700 Bellevue, WA 98004 0 Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Boeing Access Road Over BNRR Bridge Rehabilitation Federal Aid Number BHM - 1380(003) Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ % % % F■ri Cost Plus Fixed Fee Overhead Progress Payment Rate 118.43 DBE Participation % Overhead Cost Method ❑ Yes 0 No CI Actual Cost ❑ Actual Cost Not To Exceed Federal ID Number or Social Security Number 95- 4081636 ❑ Fixed Overhead Rate Do you require a 1099 for IRS? ❑ Yes 0 No Completion Date December 30, 2014 Fixed Fee $ ❑ Specific Rates Of Pay ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 1,017,772.00 1,017,772.00 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ❑ Exhibit D -2 Payment - Cost Plus ® Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ❑ Exhibit E -1 Fee - Lump/Fixed/Unit ® Exhibit E -2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G -1 Subconsultant Fee THIS AGREEMENT, made and entered into this ® Exhibit G -2 Fee -Sub Specific Rates ® Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ® Exhibit M -3 Lobbying Certification ® Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page between the Local Agency of City of Tukwila day of September , 2013 , and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 , Washington, hereinafter called the "AGENCY" , 27 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 28 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 29 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 30 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 31 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 32 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 33 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By Consultant Jacobs Engineering Group Inc. Agency City of Tukwila DOT Form 140 -089 EF Revised 3/2008 34 Page 8 of 8 EXHIBIT A -1 SCOPE OF WORK City of Tukwila JACOBS S. BOEING ACCESS ROAD BRIDGE REHABILITATION PROJECT Project Objective and Project Description This project will provide preliminary and final design engineering services to the City of Tukwila (CITY) for the rehabilitation of the South Boeing Access Road Bridge over BNSF /UPRR railroads, an important connection between 1 -5 and East Marginal Way South in the north end of City. The Boeing Access Road Bridge, originally constructed in 1944 and widened in 1965, is a five span bridge, three steel girder spans and two concrete T -beam spans, supported on concrete piers founded on H -pile foundation. The bridge accommodates approximately 40,000 vehicles per day, with truck volumes accounting for roughly 10% of traffic. It is therefore essential that the bridge be brought to current seismic and safety standards in order to protect public safety. The project will be accomplished in the following three phases: Phase 1— Bridge Rehabilitation Alternatives Evaluation Phase 1 of the project is to assess bridge conditions and identify its deficiencies by conducting an in -depth bridge inspection. Seismic analysis will also be performed to identify seismic vulnerability of the bridge under current AASHTO design level earthquake (1,000 -year return period). The findings and recommendations, along with associated costs, will be summarized in a Design Report. Phase 2 — Final Design (PS &E) Upon approval of the Design Report (Technical Memorandum) by the CITY, the final construction documents (PS &E) will be prepared for the retrofit measures recommended and selected in Phase 1. We will perform the final design and prepare the final construction PS &E documents in this phase in accordance with the City and WSDOT standards. Phase 3 — Construction Support Upon completion of Phase 2, the CONSULTANT will assist the CITY with review of Contractor submittals, shop drawings, evaluation of change proposals, and responding to questions from the CITY and Contractor. The detailed level of effort will be negotiated at the end of Phase 2. Project Criteria The seismic analysis, reports, and the final PS &E documents will be developed in accordance with the latest edition and amendments of the following documents: South Boeing Access Road Bridge Rehabilitation Project 1 35 JACOBS Scope of Work (Continued) • FHWA "Seismic Retrofitting Manual for Highway Structures: Part 1— Bridges" • AASHTO LRFD Bridge Design Specifications, 6th Edition, 2012 • AASHTO Guide Specifications for LRFD Seismic Bridge Design, 2nd Ed., 2011 with 2012 Interim • WSDOT Bridge Design Manual — LRFD. • WSDOT Geotechnical Design Manual • WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (M41 -10) • WSDOT Standard Plans for Road, Bridge, and Municipal Construction (M21 -01) • WSDOT Local Agency Guidelines Manual • AISC Steel Construction Manual, Thirteenth Edition (LRFD) • City of Tukwila Design Standards Items and Services to Be Furnished by the City The CITY will provide the following items and services to the CONSULTANT that will facilitate the engineering design and preparation of the construction documents for work within the limits of the project. • Available as -built drawings and information on other projects in the immediate vicinity, if applicable. • Rights -of -entry upon all lands necessary for the performance of the work, including official notices to property owners and agencies. • Timely reviews of Jacobs submittals at the mutually agreed upon times set forth in the project schedule and the consolidation of all review comments by others onto one review set. • Compilation, reproduction, and distribution of Bid Documents to potential bidders and interested parties. Project Schedule The preliminary project schedule will be developed upon notice to proceed for the project and updated as changes occur. The anticipated major milestone dates are: Milestone Consultant Notice to Proceed In -depth Bridge Inspection Rehab Alternative Study Start Phase 2 — PS &E Documents 30% Design Plans Completion NEPA Documentation Completed 60% Design Plans Completion 90% PS &E Completion PS &E Documents Completion October 10, 2013 December 5, 2013 February 21, 2014 March 20, 2014 April 17, 2014 June 26 2014 June 26, 2014 September 4, 2014 October 10, 2014 36 South Boeing Access Road Bridge Rehabilitation Project 2 GENERAL WORK TASKS 1.0 Project Management JACOBS° Scope of Work (Continued) The CONSULTANT will provide continuous project management and administration of services under this agreement. The CONSULTANT will provide direction and review the work of the staff and sub - consultants during the course of the project. This work element includes preparing monthly progress reports, including the status of individual work elements, number of meetings attended, outstanding information required and work items planned for the following month. The CONSULTANT will manage the schedule, scope, budget, and quality over the term of the Agreement. Current design budget status, as well as projections, will be developed. Periodic monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work element is intended to help monitor costs and budgets, and to propose corrective actions. This may include formal scope and /or budget modifications if mutually agreed. The CONSULTANT's Project Manager will maintain communication with the CITY's Project Manager and the CONSULTANT's Project Team via informal meetings, telephone discussions, electronic mail and other means necessary. SharePoint will be used to share documents and submittals. 1.1 Project Kick -off and Coordination The CONSULTANT will coordinate execution of the project and meet periodically with the CITY Project Manager and staff. Some of the tasks include: • Conducting a kickoff meeting at the beginning of the project. • Developing the project schedule and updating it as changes occur. • Meeting with the CITY Project Manager and /or staff periodically, including design review coordination at each submittal, including the rehabilitation alternatives report, and 30, 60, and 90% of the final design. 1.2 Subconsultant Coordination The CONSULTANT will provide direction of the SUBCONSULTANT and review of their work over the course of the project. Monthly monitoring of the SUBCONSULTANT's design budget will occur over the course of the project. Current status, as well as projections, will be developed. This work element is intended to help monitor costs and budgets, and to propose corrective actions. This may include formal scope and /or budget modifications if mutually agreed. 1.3 Project Monitoring and Reporting The CONSULTANT's project manager will provide direction to the project team, including subconsultants, and conduct project coordination meetings with appropriate task leaders. The project manager will monitor the project planned budget versus actual progress and take corrective South Boeing Access Road Bridge Rehabilitation Project 3 37 JACOBS Scope of Work (Continued) actions if necessary. Jacobs will prepare and submit monthly invoices and a brief progress report to reflect progress over the last billing period and anticipated activities over the next billing period. 1.4 Quality Control /Quality Assurance Review This work element is for QC /QA review of deliverables by a designated QC /QA staff member of the CONSULTANT team. The review will cover documents; reports; plans, specifications, and cost estimates; and pertinent information on an ongoing basis. The program entails the periodic review of study criteria, design, and assumptions, as well as concepts and presentation of product format; and assures that the overall project objectives are being fulfilled. The following levels of structural review will be performed for the seismic analysis and design: • Bridge Assessment & Rehabilitation Evaluation Check — The checker verifies the inspection details, rehabilitation alternatives and recommendations. • Structural Design Check — The design checker verifies the correctness of the analysis input and design calculations. • Plans Check — The checker performs the plan check for the geometry, dimensions, and final quantities. • Constructability Check — The design team performs a review of the plans. Assumptions: ■ The CONSULTANT'S Project Manager and /or project engineer will meet (face-to-face) with the CITY Project Manager on a monthly basis. ■ Internal project team coordination meetings will be held on a monthly basis during project duration. Deliverables: • Monthly Invoices and Progress Reports • Project Schedule (as updated) • Meeting Minutes PHASE 1- BRIDGE REHABILITATION ALTERNATIVES EVALUATION 2.0 Bridge Deficiency Assessment Initially, the CONSULTANT will gather information pertinent to the project, including as -built drawings, bridge inspection reports, maintenance records, load rating, and utilities on the bridge. In order to assess the bridge deficiencies, the CONSULTANT will provide an in -depth inspection of the bridge early in the design phase. The inspection needs to be closely coordinated with BNSF and UPRR for flagging and temporary right -of -entry purposes. This in -depth inspection will identify all of 38 South Boeing Access Road Bridge Rehabilitation Project 4 JACOBS Scope of Work (Continued) the deficiencies that are readily accessible and observable, and will provide an assessment of the bridge condition Assumptions: • The CITY will provide the existing information on the project as available from the record, including from the City, WSDOT H &LP, and King County. • The City will provide Traffic Control Deliverables • Structural Assessment Report • Photos of the bridge and site conditions 3.0 Survey and Mapping (1 Alliance Goematics) 3.1 Survey Project Management, QA /QC, and Administrative This task involves the overall survey project management, quality management, and administrative duties necessary for a successful project. Sub tasks include: a. Project kick -off meeting b. Communication and coordination c. Supervision and QA /QC d. Billing and Progress Reporting 3.2 Geodetic Survey Control (Datum and Coordinate System) This task involves the necessary research of datum and coordinate system, location of current monuments, and the field and office effort required to establish a survey -grade control network from which to perform the field surveying and mapping. Sub tasks include: a. Research i. Datum and Coordinate System 1. Horizontal = NAD 83/91 2. Vertical = NAVD88 ii. Tukwila Survey Control 1. Horizontal 2. Vertical b. Establish Site Survey Control (Field Effort) by GNSS and ground traverse methods c. Process Survey Control (Office Effort) to check and adjust to industry standards 3.3 Field Surveying and Mapping This task involves the fieldwork necessary to complete a topographic mapping survey of the project area. This area is approximately 500 feet in length and 100 feet in width. Sub tasks include: a. Top of Deck Mapping b. Locate Geo Tech Borings c. Cross - Sections and Ground Shots d. Columns /Abutments /Walls /Beams /Pier Caps e. Locate accessible surface observable utilities within the project limits South Boeing Access Road Bridge Rehabilitation Project 5 39 JACOBS Scope of Work (Continued) f. Locate any underground utility paint, by others g. Structure Attachments as necessary 3.4 Office Processing and Deliverable Generation This task involves the coordination and acquisition of existing 'legacy' data, the processing of newly acquired data, and the merging of the data sets into an electronic AutoCAD Civil 3D topographic base map. Sub tasks include: a. Acquiring free LiDAR from the Puget Sound LiDAR Consortium b. Acceptance of relevant City of Tukwila GIS files c. Processing and quality checks of newly acquired data d. Generation of deliverable Assumptions: • Right -of -Entry shall be granted to lAlliance personnel • Sub- surface utility locates shall be provided by others • No boundary work, including easements or legal descriptions, will be required for this project Deliverables: • Electronic AutoCAD Civil 3D topographic base map 4.0 Geotechnical Investigation (Shannon & Wilson) Based on borings drilled for the nearby Sound Transit South Boeing Access bridge and borings for the existing bridge, sandstone bedrock would be encountered at a relatively shallow depth on the east side of the existing bridge. However, the subsurface conditions on the west side of the existing bridge consist of approximately 45 to 65 feet of loose sand and silty sand that is followed by weathered sandstone and siltstone. The depth to competent sandstone could vary between 70 and 85 feet. Additional deep foundation support may be required for bridge rehabilitation to provide the additional required axial and lateral resistance. The upper 45 to 65 feet of loose sand and silty sand would likely be liquefiable and would provide minimal axial and lateral resistance. To provide suitable axial and lateral resistance and mitigate vibration impacts from driven piles on the existing bridge, drilled shafts or micropiles would likely be preferred. Therefore, axial and lateral resistance of the deep foundations would be obtained from a rock - socketed drilled shaft or micropile founded in the sandstone. Our scope of services presented below is based on this understanding of the subsurface conditions. The geotechnical investigation will be completed for the following tasks in a timely manner and completed within the overall design schedule. 4.1 Review Existing Data • Review available geotechnical reports and data from the previous projects in the vicinity of the project site. • Review available LIDAR data and geologic maps. 4.2 Geological Field Reconnaissance 40 South Boeing Access Road Bridge Rehabilitation Project 6 JACOBS Scope of Work (Continued) • Geologic reconnaissance carried out by a geologist to locate the field explorations and review the abutment slopes. 4.3 Geotechnical Investigation • Drill three to four borings. Borings on the east and west sides of the bridge would extend to depths of approximately 40 feet and 100 feet, respectively. All borings would core at least 20 feet into suitable sandstone rock. • Locate proposed borings at the site and retain an underground utility location service to mark the position of the underground utilities. Relocate borings as required based on the results of the utility location service. • A truck mounted drill rig will be used to reach the proposed boring locations. Drilling will be performed from the existing roadway. We would core through the existing bridge deck for borings at the intermediate piers. • Coordinate with the CITY to obtain street - use - permits and traffic control plans. • Coordinate with BNSF and UPRR for flagging and temporary right -of -entry purposes. • Obtain Standard Penetration Test (SPT) samples and rock core. Rock Quality designation (RQD) and percent recovery would be recorded for all rock core runs. • Review soil samples in laboratory and carry out index testing (Atterberg Limits, grain size and moisture content). • Review rock core runs in laboratory and carry out rock testing (Unconfined Compressive Strength, Density, and moisture content). 4.4 Geotechnical Analysis • Develop one subsurface profile using new and existing borings. • Compute design response spectrum for a ground motion with a 7 percent probability of exceedance in 75 years (1,000 -year average return period). The design ground motion response spectrum will be determined using the current AASHTO Standards and the probabilistic seismic hazard analysis performed by the US Geological Survey. The boring data will be used to determine the site class of the bridge area. Based on our understanding of the subsurface conditions, it is likely that the east and west side of the bridge would have a different site class. We will discuss the implications of site class selection with the structural engineer. • A liquefaction analysis will be conducted to estimate the liquefaction potential of soil encountered in the borings. • Slope stability analyses will be performed for static, seismic, and post- seismic loading conditions. If necessary the dynamic loading of the bridge piers due to a slope failure will be determined. • Axial static, seismic, and post- seismic resistance of the existing deep foundations will be reviewed. A similar axial analysis will be performed for drilled shaft or micropile foundations that could be required for the rehabilitation. Axial analysis plots will be South Boeing Access Road Bridge Rehabilitation Project 7 41 JACOBS° Scope of Work (Continued) developed for two drilled shaft or micropile diameters. Foundation analyses will consider downdrag loads caused by liquefaction- induced settlement. • We will provide lateral soil resistance foundation parameters for static, seismic, and post - seismic conditions. The structural engineer would perform the lateral deep foundation analysis. • Spring constants will be provided to structural engineers for their seismic bridge structural analysis. Assumptions: • Borings can be advanced on the CITY right -of -way. • All drilling would occur during normal daytime work hours and there are no time restrictions for drilling. • Environmental monitoring or testing of soil samples is not required. Deliverables: • Draft Geotechnical Report. Report to include details of geotechnical investigation and preliminary foundation recommendations. • Final Geotechnical Report 5.0 NEPA DCE and Permitting (Widener & Associates) The use of federal funding will trigger the National Environmental Policy Act (NEPA) review process. The project impacts may not rise to the level of having potentially regional significance; therefore, NEPA DCE may be the best level of documentation. Prior to receiving NEPA approval, a few issues will be documented, including the supporting documentation for historic and archeological resources per Section 106 and a jurisdiction determination per the USACE requirements of a potentially sensitive area on the southwest quadrant of the project. Due to the potential historic nature of the bridge itself, a 4(f) evaluation may be required for the project. For the BRAC- funded project, it is likely that WSDOT and FHWA will allow a Programmatic 4(f) if one is necessary. This project is also likely to be exempt from consultations under Section Seven of the Endangered Species Act. All of these processes will need to be completed with FHWA as the lead agency and involve coordination with the governing resource agencies to obtain approvals of the above supporting documentation. Once the federal documentation is completed we will use this information to support the SEPA process by completing a SEPA checklist and referencing all the approved NEPA documentation. It is likely this project will be approved with a SEPA Mitigated Determination of Nonsignificance (MDNS). 42 South Boeing Access Road Bridge Rehabilitation Project 8 JACOBS Scope of Work (Continued) Deliverables: • Section 106 Report • Hazmat Memo • Section Seven No Effect Determination • El memo • ECS • SEPA Checklist and Sensitive Area's Report 6.0 BNSF and UPRR Coordination (MCLogistics) We will coordinate with BNSF and UPRR to keep them in the loop at all times, especially after the submittal of the Bridge Rehabilitation Alternate Technical Memorandum and the City's selection of the alternative of choice for advancement to full design. We will assist the City Staff to obtain a Construction and Maintenance (C &M) agreement with the railroads. It is essential to bring BNSF and UPRR to the table early in the design process to avoid the risk of project delays and to obtain a C &M agreement. The horizontal and vertical alignment will be reviewed to ensure that all standards are met and that railroad clearances are maintained both horizontally and vertically. Design will be provided for a work platform to be placed under the bridge during construction. There appears to be a 3' -3" vertical space available at present (BNSF -UP Railroad Guidelines require 21' -0" vertical clearance during construction). A strategy for staged construction, if desired by the City, will be developed for the construction phase of the project. Deliverables: • Construction and Maintenance (C &M) Agreements with the railroads 7.0 Design Alternatives for Roadway /Pedestrian /Bicycle Lanes The Boeing Access Road between East Marginal Way and Martin Luther King Way is designated in the City's non - motorized "Walk and Roll" plan as a future "bicycle friendly" route, with future planned trails also tying in along the south side. No bicycle facilities currently exist within the corridor, and only intermittent sidewalks are present along the southern side of the alignment. Existing challenges to non - motorized connectivity and safety include restrictive widths crossing three bridge structures, vehicle speeds exceeding 40 mph (signed speed limit), heavy truck volume, and multiple on -off ramps from Airport Way, I -5, and Martin Luther King Way. South Boeing Access Road Bridge Rehabilitation Project 9 43 JACOBS Scope of Work (Continued) We will develop preliminary bicycle and pedestrian concepts / alternatives that safely and uniformly connect the entire Boeing Access Road corridor between East Marginal Way and Martin Luther King Way that can then be programmed, designed, and constructed over time as funding becomes available. We will coordinate with the CITY, prior to making any single non - motorized improvement to this segment, that a plan for the entire corridor that facilitates the "Walk and Roll" is supported by the City's stakeholders. One alternative to consider is a single non - motorized path along the south side of the corridor. Reasons to consider this alternative are: a) less total width is required to establish multi -use bicycle /pedestrian facilities along one side than segregated facilities along both sides — therefore less widening and /or lane narrowing; b) the south side of the corridor crosses only three on /off ramps (versus five on the north) — therefore minimizing the number of vehicle conflict points; c) the south side of the bridge can be more easily widened; and d) the City's plan shows future connection to planned trails adjacent the south side of the corridor. Deliverables: • Preliminary Plans for non - motorized paths • Discussion on evaluation of non - motorized paths in the Design Report 8.0 Bridge Rehabilitation /Seismic Retrofit Alternatives Evaluation Upon assessment of the structure conditions from the in -depth inspection, we will perform evaluate feasible bridge rehabilitation alternatives in accordance with the requirements of the WSDOT LAG Manual. Some of the specific rehabilitation items may include, but not limited to: • Feasibility of bridge widening to accommodate non - motorized paths along the bridge corridor; • Repair or replacement of the transverse expansion joints and longitudinal joints; • Repair or replacement of the poor column to bridge superstructure connection at Pier 3 (expansion joint between concrete and steel girders); • Replacement of the steel rocker bearings for the steel girders; • Repair or replacement of the damaged concrete barrier at the southeast corner. The CONSULTANT will also perform seismic analysis to identify seismic vulnerabilities, using current AASHTO design level ground motions (1,000 -year return period). If vulnerabilities are found, retrofit alternatives and recommendations, along with associated costs, will be provided. Specific tasks in this phase include: 44 South Boeing Access Road Bridge Rehabilitation Project 10 JACOBS' Scope of Work (Continued) • Model the bridge and foundation structural response utilizing foundation springs developed by the geotechnical consultant base on the level of ground motion at all piers and abutments. • Determine the bridge displacement capacity using the Method D2— Structure Capacity /Demand (Pushover) Method of FHWA Seismic Retrofit Manual Section 5.6. • Determine the seismic demands on the structure using the Multimode Spectral Method of FHWA Seismic Retrofit Manual. • Model the bridge structure with appropriate foundation springs at all piers and abutments, which will be provided by the geotechnical study. • Determine Capacity /Demand (C /D) Ratios for all- relevant failure modes for all bridge elements, including but not limited to: Girders, columns, crossbeams, abutments, bearings, expansion joints, column to crossbeam connections, and drilled shafts. • Develop retrofit alternatives, to the extent possible, for the elements that are above or near the ground level, where they can be inspected after earthquake events. Recommended retrofit measures shall, to the greatest extent practical, result in post retrofit C/D Ratios that are greater than 1.0. • Prepare the findings and results of analysis and recommended retrofit alternatives along with associated costs in a technical memorandum and present to the CITY. Deliverables: • Preliminary Design Report (Technical Memorandum) — Prepare a draft memorandum that summarizes the analysis approach, rehabilitation and seismic retrofit alternatives, rehabilitation recommendations, and preliminary cost estimate. At the approval by the CITY, the report will be finalized and submitted to the CITY for record. • Presentation (Optional) — If desired by the CITY, a presentation will be made by the CONSULTANT to the CITY to overview the overall conditions of the bridge, in -depth inspection, rehabilitation alternatives, seismic analysis and retrofit alternatives, and recommendation along with estimated costs. PHASE 2 - FINAL DESIGN (PS &E) Upon completion of the preliminary engineering for bridge rehabilitation and seismic analysis phase and approval of the Design Report by the CITY, the CONSULTANT will prepare the final design /PS &E documents for the seismic retrofit measures recommended and selected at the previous phase. The final PS &E documents will be prepared and submitted to the CITY for review and comments at 30 %, 60 %, 90 %, pre - final, and the final completion levels. 9.0 Conceptual Design Review Submittal (30% Design Plans) South Boeing Access Road Bridge Rehabilitation Project 11 45 JACOBS' Scope of Work (Continued) Develop preliminary bridge rehabilitation and seismic retrofit plans in accordance with the recommendations in the Design Report. The Plans will show the major features of all retrofit design elements, dimensions, existing conditions relative to the proposed retrofits, and other critical elements. The CONSULTANT will also update the construction cost estimate from the Phase 1 work to ensure the overall project Assumptions: • The Plans will be prepared in the City of Tukwila standard title block. Deliverables: • Conceptual design plans (11 "x17" sheets) • Preliminary construction cost estimate 10.0 60% Design Plans This will be a progress submittal of design plans to provide an update for the CITY staff on the design progress. All plans sheets will be developed and included in this submittal. Deliverables: • 60% Design Plans (11 "x17" sheets) • Preliminary construction cost estimate 11.0 90% Design PS &E Documents The CONSULTANT will prepare the PS &E documents incorporating the responses to the review comments from the 60% submittal and bring the design to a 90% level completion. This submittal will be reviewed by the CITY staff to assure conformance with the CITY standards and WSDOT Highways & Local Programs guidelines. The submittal will include: • Cover sheet including project title and a vicinity map; • Bridge layout, elevations, and details that will clearly show all information needed to construct retrofits, requiring only minor edits to advance the plans to contract quality. • Prepare Post - Retrofit C/D ratios for all applicable bridge elements and failure modes. • List of bid items; • Estimate of Probable Construction Cost and Quantities with backup calculations for quantity calculations. • Contract documents and specifications including Special provisions and listing of CITY standard specifications, with fill -ins. Assumptions: • The CITY will provide the boilerplate for the Division 1 of the Contract Provisions. • Specifications will be based on the 2012 Edition of WSDOT Standard Specifications with the current amendments 46 South Boeing Access Road Bridge Rehabilitation Project 12 JACOBS Scope of Work (Continued) Deliverables: • 90% Plans (half -size 11 "x17 "), Specification and Estimate 12.0 100% PS &E Documents The CONSULTANT shall prepare the following in accordance with the CITY's review comments from the 90% final design and coordination meeting and in accordance with regulatory agency permit conditions: • Prepare Final Documents incorporating responses to 100% PS &E comments from CITY staff. • Transmit 100% Design Plans, Project Provisions, Special Provisions, and Estimate of Probable Construction Cost to CITY for final review. • Preparation of a final list of bid items, quantities, and a construction cost estimate for a set of signed and reproducible construction contract documents. Assumptions: • The number, format, and tent of plan sheets will generally remain unchanged • CITY'S review at this stage is for the purpose of verifying that comments transmitted at 90% completion stage were incorporated into the 100% documents, as mutually agreed. It is assumed that "additional" design comments will not be generated at this stage. Deliverables: • 100% Plans (half -size, 11 "x17 "), Specifications and Estimate • Final structural calculations with in electronic file (on CD) 13.0 Ad -Ready Contract Documents The CONSULTANT will incorporate comments from 100% submittal and then assemble all plan sheets, general and special provisions, cost estimates, and associated documentation for submittal as an Ad -Ready PS &E package. The CONSULTANT will upload plans and specifications to Builders Exchange. Deliverables: • Ad -Ready Plans (three copies in full -size 22 "x34 ") • Bid documents with half -size Ad -Ready Plans (11 "x17 ") and specifications bound together with bid schedule, standard details, prevailing wage information, all necessary appendices • Bid submittal packet • Engineer's Estimate 14.0 Assistance during Bid Period The CONSULTANT shall provide assistance during the ad period for construction bids consisting of attending a pre- construction meeting, answering bidder questions and preparing addenda. Review low bid and check references. South Boeing Access Road Bridge Rehabilitation Project 13 47 JACOBS' Scope of Work (Continued) PHASE 3 - CONSTRUCTION SUPPORT The CONSULTANT will provide engineering services during the construction phase of the project. The CONSULTANT will be responsible for interpreting the contract plans and specifications and giving guidance to the CITY regarding the intent of the design. The following tasks are currently identified but the details will be negotiated at the end of Phase 2, prior to construction start: • Review shop drawings • Review construction materials and other submittals • Respond to RFIs from the Contractor and CITY staff; • Review structural calculations prepared /proposed by the Contractor • Provide answers to bridge construction questions • Site visits as requested by the CITY • Attend construction meetings as requested by the CITY • Assist the CITY in conflict resolution (if any) • Assist the CITY in preparation of change order (if any) • Prepare as -built drawings. 15.0 Bridge Load Rating Report At the conclusion of the construction activities, our design team will prepare a load rating report reflecting the completed rehabilitation work. The report will serve as documentation of the improvements attained from implementing the bridge rehabilitation work. The load rating report will be prepared in accordance with the latest edition of the WSDOT Bridge Design Manual. 48 South Boeing Access Road Bridge Rehabilitation Project 14 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140 -089 EF Exhibit C Revised 6/05 49 50 Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non - Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Costs." b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140 -089 EF Exhibit D -3 Revised 3/09 51 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non - salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 52 Project Name: Project Number: Consultant: HOURLY RATES EXHIBIT E -2 Consultant Fee - Specific Rates Boeing Access Road over BNRR Bridge Rehabilitation Jacobs Engineering Group Name Classification Hours Rate Total Kevin Kim Moein EI -Aarag Niftalem Bekit Hana D'Acci Bonnie Prather Jennifer Bassett -Hale Rachel Altona Curtis Black Tim Hedges Andrea Stott Brooksie Barton Aaron Sherry Collin Cabatbat Subtotal: Project Manager Sr. Structural Engineer Structural Engineer Design Engineer CADD Technician Environmental Planner Project Assistant Contact Administrator Roadway Lead Roadway Engineer Signal Engineer Drainage Engineer Civil Engineer 748 1,024 1,548 1,480 1,056 0 40 40 106 222 64 48 220 6,596 $220.10 $159.04 $99.40 $70.82 $106.86 $134.14 $57.16 $114.66 $176.44 $121.77 $119.28 $131.71 $72.07 $164,632 $162,857 $153,871 $104,817 $112,839 $0 $2,286 $4,586 $18,702 $27,032 $7,634 $6,322 $15,854 $781,433 REIMBURSABLES Mileage Reproduction (copies, plots, etc.) Miscellanous $200 4000 300 $4,500 JACOBS TOTAL SUBCONSULTANT COSTS (See Exhibit G) $785,933 Shannon and Wilson (Geotechnical) TranTech (Inspection and Load Rating) 1 Alliance Geomatics (Surveying and Mapping) Widener and Associates (Environmental Planning and Permitting) MCRaiI Logistics (Railroad Coordination) $84,627 $72,326 $12,833 $51,640 $10,413 $231,839 GRAND TOTAL $1,017,772 53 54 EXHIBIT F BREAKDOWN OF OVERHEAD COST SEE ATTACHED 55 56 Washington State ® Department of Transportation Lynn Peterson Secretary of Transportation September 19, 2013 Kathy Blackmon, Compliance Manager Jacobs Engineering Group, Inc. 777 Main Street Fort Worth TX 76102 -5300 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360- 705 -7000 I I Y: 1- 800 - 833 -6388 www.wsdot.wa.gov Re: Jacobs North American Infrastructure (NAI) Indirect Cost Rate Schedule Fiscal Year End September 28, 2012 Corrected Letter Dear Ms. Blackmon: We have made a correction to your Indirect Cost Rate schedule for the above referenced fiscal year. We originally issued a review rate letter on September 19, 2013. A correction has been made to Jacobs North American Infrastructure (NAI) to accurately reflect actual costs for the business unit, Jacobs NAI. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Jacobs NAI accounting system and the basis of indirect costs. Based on our review, we are issuing this corrected letter of review establishing Jacobs NAI Indirect Cost Rate for the fiscal year ending September 28, 2012, at 118.43% of direct labor for home rate and 94.77% of direct labor for field rate. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and /or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you, or any representatives of Jacobs NAI, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705 -7003. Sincerely, fr Martha S. Roach Agreement Compliance Audit Manager MR:It Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File 57 58 EXHIBIT G SUBCONTRACTED WORK The CITY permits subcontracts for the following portions of the work of the AGREEMENT: SUBCONSULTANT WORK DESCRIPTION AMOUNT 1 Alliance Geomatics Surveying and Mapping $ 12,833 MCR Logistics Rail Coordination $ 10,413 Shannon & Wilson Geotechnical investigation $ 84,627 TranTech Bridge inspection & Load rating $ 72,326 Widener & Associates Environmental documentation $ 51,640 TOTAL = $ 231,839 59 60 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: South Boeing Access Road Bridge Rehabilitation COMPANY NAME: 1 Alliance Geomatics NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Principal Surveyor 3 x $ 151 $ 453 Survey Project Manager 8 x $ 121 $ 968 Project Surveyor 14 x $ 111 $ 1554 Technician V (Field) 40 x $ 88 $ 3520 Technician III (Field) 40 x $ 69 $ 2760 Tech V (CAD) 38 x $ 88 $ 3344 Admin 2 x $ 55 $ 110 Some rates may vary depending on personnel utilized. REIMBURSABLES: Misc disbursements (mileage, printing costs and the like) Mileage at 44 miles at $0.565 = $25 Misc. consumable supplies, wood, flagging, paint nails, printing, etc estimated at $99 TOTAL = $ 12,709 TOTAL = $ 124 GRAND TOTAL: = $ 12,833 61 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: Boeing Access Road Bridge Rehabilitation COMPANY NAME: MCR Logistics NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Railroad Coordinator 114 x $90 $10,260 TOTAL = $10,260 Some rates may vary depending on personnel utilized. REIMBURSABLES: Mileage = $153 GRAND TOTAL: = $10,413 62 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: South Boeing Access Road Bridge Rehabilitation COMPANY NAME: Shannon and Wilson NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Principal in Charge 11 x $230 $2,530 Associate 52 x $170 $8,840 Senior Engineer 33 x140 $4,620 Project Engineer 204 x $110 $22,440 Drafter 18 x95 $1,710 Clerical 9 x$80 $720 Some rates may vary depending on personnel utilized. REIMBURSABLES: Drilling Soil Laboratory Testing Misc disbursements (mileage, printing costs and the like) TOTAL = $40,860 = $39,366 = $4,252 = $149 TOTAL = $43,767 GRAND TOTAL: = $84,627 63 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: South Boeing Access Road Bridge Rehabilitation COMPANY NAME: TranTech NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Senior Engineer 200 x $163 $32,600 Staff Engineer 320 x $94 $30,080 CAD Tech 8 x102 $816 Clerical 24 x $55 $1,320 TOTAL = $64,816 Some rates may vary depending on personnel utilized. REIMBURSABLES: Bridge Access Equipment Rental with Operator = $7,000 Misc disbursements (mileage, printing costs and the like) _ $500 TOTAL = $7,500 GRAND TOTAL: = $72,326 64 EXHIBIT G -1 SUBCONSULTANT FEE DETERMINATION PROJECT: Boeing Access Road Bridge Rehabilitation COMPANY NAME: Widener & Associates NEGOTIATED HOURLY RATES: Classification Hours x Rate = Cost Project Manager 139 x $154.00 $21,406 Project Biologist 308 x $86.80 $26,734 TOTAL = $48,140 Some rates may vary depending on personnel utilized. REIMBURSABLES: Cultural Resource Report = $3,500 GRAND TOTAL: = $51,640 65 66 EXHIBIT G -2 SUBCONSULTANT FEE DETERMINATION - SUMMARY SHEET (SPECIFIC RATES OF PAY) FEE SCHEDULE SEE ATTACHED 67 68 MBE /DBE 1 ALLIANCE GEOMATICS SURVEYING Sc MAPPING 01 October 2013 Kevin S. Kim, P.E., S.E. JACOBS 600 108th Ave NE, Suite 700 Bellevue, WA 98004 Subject: Hourly Rate Statement for "South Boeing Access Road Bridge Rehabilitation Project" Dear Kevin, Please consider this letter to be a statement of rates for 1Alliance Geomatics. It covers consulting work for the City of Tukwila Public Works on efforts related to surveying and mapping for this project. "South Boeing Access Road Bridge Rehabilitation" 1Alliance is a six - person firm with no calculated overhead rate. We charge a flat hourly fee for services that is all- inclusive of direct salary, overhead, and fee. The hourly fees offered for this contract are the standard fees we offer for preferred clients. • Principal Surveyor - $151 • Survey Project Manager - $121 • Project Surveyor - $111 • Technician V (Field) - $88 • Technician III (Field) - $69 • Tech V (CAD) - $88 • Admin - $55 We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call at 253.981.4554. Sincerely, 1Alliance Geomatics Jason Nakamura, PLS President 69 70 MCR Logistics LLC October 1, 2013 Kevin Kim, P.E. Project Engineer JACOBS 600 108th Ave. NE, Suite 700 Bellevue, WA 98004 Subject: Hourly Rate Statement Tukwila, WA. — Boeing Access Road bridge Rehabilitation Dear Mr. Kim: Below are the highest anticipated hourly billing rates for the Boeing Access Road Bridge Rehabilitation project. These rates are fully burdened and are the lowest rates charged to our clients. Classification Hourly Billing Rate Railroad /Agency Liaision $ 90.00 All direct reimbursable non salary costs will be invoiced without markup. All travel costs will comply with the rules and regulations regarding travel costs in accordance with the current WSDOT Accounting Manual M 13 -82, Chapter 10. Sin rely, R Logistics LLC J. M. (Mike) Cowles Principal 71 72 Widener & Associates Transportation & Environmental Planning 10108 32" Avenue I1' Ste D Everett, WTI 98204 -1302 Tel (425) 348 -3059 Fax (425) 348 -3124 September 26, 2013 JACOBS 600 108th Ave. NE Ste 700 Bellevue, WA 98004 Subject: Hourly Rate Statement Dear Kevin Kim, Project Manager Please consider this letter to be a statement of rates for DGK Inc. DBA Widener & Associates (Widener). It covers consulting work for; City of Tukwila Public Works on issues related to environmental permitting and coordination for this project. "Boeing Access Road over BNRR Bridge Rehabilitation" Widener is a five - person firm with no calculated overhead rate. We charge a flat hourly fee for services that is all- inclusive of direct salary, overhead and fee. The hourly fees offered for this contract are the lowest fees we offer for preferred clients. I also confirm that all direct nonsalary costs will be invoiced without mark -up. • Project Manager - $154.00 • Biologist - $86.80 We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call at 425 -503 -3629. Sincerely, Ross L Widener Vice President WIDENER & ASSOCIATES 73 74 EXHIBIT G -3 BREAKDOWN OF SUBCONSULTANT OVERHEAD COST See Attached 75 76 VWWashington State Department of Transportation Lynn Peterson Secretary of Transportation July 9, 2013 Jeannie Brozik, Accounting Manager Shannon & Wilson, Inc. 400 N 34th St, Suite 100 PO Box 300303 Seattle WA 98103 -8600 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360 -705 -7000 TTY: 1-800-833-6388 www.wsdot.wa.gov RE: Shannon & Wilson, Inc. Indirect Cost Rate Schedules Fiscal Year End December 31, 2012 Dear Ms. Brozik: We accept the audit work performed by CPA Consulting, Inc. P.S. related to the Indirect Cost Rate schedule for the above referenced fiscal year for Shannon & Wilson, Inc. Our office did not review the work performed by CPA Consulting, Inc. P.S. The schedule was audited by the CPA Consulting, Inc. P.S. for compliance with Part 31 of the Federal Acquisition Regulations. CPA Consulting, Inc. P.S. accepted an Indirect Cost Rate for the year ended December 31, 2012, at 193.40% (rate includes Facilities Cost of Capital of 0.198 %) of direct Iabor. Based on the work performed by the CPA, we are issuing this letter establishing Shannon & Wilson, Inc. Indirect Cost Rate for the fiscal year ending December 31, 2012, at 193.40% (rate includes Facilities Cost of Capital of 0.198 %) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). 77 Ms. Brozik Shannon & Wilson, Inc. July 9, 2013 Page 2 If you, or any representatives of Shannon & Wilson, Inc., have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360) 705 -7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosure cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File 78 ANS Washington State ®� Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation November 17, 2011 Khashayar Nikzad, Owner TranTech Engineering, LLC 12011 NE 1s` Street, Ste 305 Bellevue, WA 98005 -4830 Re: TranTech Engineering, LLC Overhead Schedule Fiscal Year End December 31, 2010 Dear Mr. Nikzad: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360- 705 -7000 TTY: 1- 800 - 833 -6388 www.wsdot.wa.gov We have completed a desk review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by TranTech Engineering, LLC. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of TranTech Engineering, LLC's accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing TranTech Engineering, LLC's overhead rate for the fiscal year ending December 31, 2010, at 146.26% of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and /or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, remember that when you provide next year's overhead schedule to our office, you will also need to submit your Compensation Analysis for review. This analysis must be in compliance with the steps listed in the AASHTO Audit Guide, Chapter 7. We will need your Compensation Analysis in order to complete our review of your overhead schedule. 79 Mr. Nikzad November 17, 2011 Page 2 If you, or any representatives of TranTech Engineering, LLC, have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705 -7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File 80 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 81 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 82 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit I Revised 6/05 83 84 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140 -089 EF Exhibit K Revised 6/05 85 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • • Agency's summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 86 I hereby certify that I am Exhibit M -1(a) Certification Of Consultant Project No. Local Agency representative of the firm of Jacobs Engineering Group Inc. and duly authorized whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 87 88 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 89 90 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Finn): Jacobs Engineering Group Inc. (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 91 92 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): Jacobs Engineering Group Inc. (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 93 94 Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of are accurate, complete, and current as of * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm Jacobs Engineering Group Inc. Name Jacobs Engineering Group Inc. Title Date of Execution * ** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140 -089 EF Exhibit M -4 Revised 6/05 95 96 TRANSPORTATION COMMITTEE - Meeting Minutes September 24, 2013 — 5:15 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffle, Dennis Robertson Staff: Bob Giberson, Robin Tischmak, Gail Labanara, Cyndy Knighton, Dave Sorensen, Grant Griffin, Pat Brodin, Frank Iriarte, Mike Ronda, Peter Lau, Peggy McCarthy, Kimberly Matej, Laurel Humphrey Guest: Chuck Parrish CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Boeing Access Road over BNRR Bridge Rehabilitation: Consultant Selection and Agreement Staff is seeking Council approval to enter into a contract with Jacobs Engineering Group, Inc. in the amount of $1,017,772.00 to provide design services for the Boeing Access Road over BNRR Bridge Rehabilitation project. Jacobs Engineering Group, Inc. was selected from a pool of six engineering firms to submit Statements of Qualifications to the City for this project. This project will serve to rehabilitate the existing Boeing Access Road bridge, extend its service life, and improve its safety. The project is supported by a grant of Federal Local Bridge Program funds, with the City match funds resulting from a bond issue. Councilmembers will be given detailed information about the bond issues at a later date. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. B. Thorndyke Safe Routes to School: Consultant Selection and Agreement Staff is seeking Council approval to enter into a contract with KPG, Inc. in the amount of $74,947.81 to provide design services for the Thorndyke Safe Routes to School project. Four firms from the MRSC roster were evaluated, and KPG, Inc was selected due to its experience, knowledge, and prior work for the City. This project will provide for roadway and sidewalk improvements on the north side of S. 150th Street between Tukwila International Boulevard and 42nd Avenue South, as well as a new crosswalk on South 150th Street in front of Thorndyke Elementary School. It is expected that this project will conclude before the start of the 2014 -15 school year. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. C. Tukwila MIC Smart Street Non - Motorized Project: Consultant Selection and Agreement Staff is seeking Council approval of a consultant agreement with David Evans & Associates, Inc (DEA, Inc.) in the amount of $104,838 for design engineering services for the Tukwila Manufacturing /Industrial Center (MIC) Smart Street Non - Motorized project. Five firms were evaluated and DEA, Inc. was selected due to its qualifications and prior work for the city. Funding for this contract is provided by a Federal CMAQ grant. This project will design and construct bicycle facilities, a shared use path, and shared bicycle /vehicle lanes along portions of East Marginal Way South, South Boeing Access Road, and Airport Way South. The result of a grant application to PSRC in the amount of $500,000 for constructionof this project will be known and communicated soon. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. 97 98 COUNCIL AGENDA SYNOPSIS Meets* nsDate Prepared by , Mayor's review Council review 10/07/13 BG if ' E Resolution Illtg Date ill? 11 El Bid Award Mtg Date E Public Hearing Mtg Date 0 Other A ft,g Date SPONSOR E Council 11111 Mayor r- HR LJ DCD E Finance Fire E IT E P&R E Police IZ PIV SPONSOR'S This design contract is for the Thorndyke Safe Routes to School Project along S 150th St SUMMARY from 42nd Ave S to Tukwila International Blvd. Staff used the MRSC Roster and four engineering firms were evaluated. KPG, Inc. ranked the highest as they had previously performed engineering work in the area. The Thorndyke project also includes Overlay & Repair funding as well as Surface Water improvements. Council is being asked to approve the design consultant agreement with KPG in the amount of $74,947.81. REVIEWED BY E COW Mtg. 0 CA&P Cmte E] F&S Cmte IZ Transportation Cmte E Utilities Cmte Ei Arts Comm. E Parks Comm. E Planning Comm. DATE: 09/24/13 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPoNsoR/ADmiN. CommumE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $74,947.81 $90,000.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PAGE 4, PROPOSED 2014 CIP) Comments: Also the 2014 Annual Overlay and Repair and the 2014 Annual Small Drainage Program ITEM INFORMATION ITEM No. 4.E. 99 STAIT SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/07/13 AGENDA ITEM TITLE Thorndyke Safe Routes to School Consultant Selection and Agreement with KPG, Inc. CATEGORY Discussion Alts Date 1Z Motion Mtg Date 10/07/13 E Resolution Illtg Date E Ordinance Mtg Date El Bid Award Mtg Date E Public Hearing Mtg Date 0 Other A ft,g Date SPONSOR E Council 11111 Mayor r- HR LJ DCD E Finance Fire E IT E P&R E Police IZ PIV SPONSOR'S This design contract is for the Thorndyke Safe Routes to School Project along S 150th St SUMMARY from 42nd Ave S to Tukwila International Blvd. Staff used the MRSC Roster and four engineering firms were evaluated. KPG, Inc. ranked the highest as they had previously performed engineering work in the area. The Thorndyke project also includes Overlay & Repair funding as well as Surface Water improvements. Council is being asked to approve the design consultant agreement with KPG in the amount of $74,947.81. REVIEWED BY E COW Mtg. 0 CA&P Cmte E] F&S Cmte IZ Transportation Cmte E Utilities Cmte Ei Arts Comm. E Parks Comm. E Planning Comm. DATE: 09/24/13 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPoNsoR/ADmiN. CommumE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $74,947.81 $90,000.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PAGE 4, PROPOSED 2014 CIP) Comments: Also the 2014 Annual Overlay and Repair and the 2014 Annual Small Drainage Program MTG. DATE RECORD OF COUNCIL ACTION 10/07/13 MTG. DATE ATTACHMENTS 10/07/13 Informational Memorandum dated 09/20/13 Vicinity Map Consultant Selection Scoring Matrix Page 4, Proposed 2014 CIP Consultant Agreement, Scope of Work, and Fee Minutes from the Transportation Committee meeting of 09/24/13 99 100 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: DATE: Grant Griffin, Senior Program Manager September 20, 2013 SUBJECT: Thorndyke Safe Routes to School Project No. 91210302 Consultant Selection and Agreement ISSUE Execute a contract with KPG, Inc. to provide design services for the Thorndyke Safe Routes to School project. BACKGROUND The City generally uses the Municipal Research and Services Center (MRSC) Consultant Roster whenever possible to select engineering firms to provide necessary services. Four (4) engineering firms were evaluated to provide design services for the Thorndyke Safe Routes to School project (see attached scoring and selection matrix.) Each consulting firm provides services with expertise in multiple engineering disciplines. All are well qualified, but KPG, Inc. provides a unique knowledge and understanding of the City's program that provides efficiency and benefits that cannot be matched at this time by any other firms. KPG has previously performed preliminary engineering work on the project corridor for surface water that is related to the current street project and the City will benefit from this previous work during the design of the Thorndyke Safe Routes to School project. In addition, KPG has performed very well on previous City projects. Because of the work previously performed, starting the design process in November 2013 and advertising for construction bids in the 2nd quarter of 2014 allows the City to finish this project before the 2014/2015 school year begins. DISCUSSION KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of the Thorndyke Safe Routes to School project and advertise for construction bids (see attached contract.). Contract Estimate & Budget Totals Contract Design Budget $74,947.81 $90,000.00 RECOMMENDATION The Council is being asked to approve the design contract with KPG, Inc. for the Thorndyke Safe Routes to School in the amount of $74,747.81 and consider this item on the Consent Agenda at the October 7, 2013 Regular Meeting. Attachments: Vicinity Map Consultant Scoring and Selection Matrix Page 4, Proposed 2014 CIP Contract, Scope of Work and Fee W: \PW Eng \ PROJECTS \A- RW & RS Projects \Safe Routes to School - Thomdyke (91210302)1PE\Info Memo Consult Select & Contract gl.docx 101 102 Not to Scale Project Location Vicinity Map S S 164th St Thorndyke Elementary School Safe Routes to School Date: February 2114933 104 CONSULTANT SELECTION Thorndyke Elementary Safe Routes to School Project For each category, highest score is 1 (with the lowest or worst score at 4) Consultant with the lowest score is ranked the best. W:\PW Eng\PROJECTS \A- RW & RS Projects\ Safe Routes to School - Thorndyke (91210302)\PE\Transportation Committee\ThorndkeSRTS_2013_ConSel.xls 105 DEA & Associates KPFF KPG Lochner Project Manager 1 1 1 1 Survey Crew In-House 1 1 1 2 Bikeway & Walkway Design 1 1 2 3 Environmental Planning and Permitting Experience 1 2 1 2 Stormwater Drainage & Detention Design 2 3 1 2 Pedestrian Path / Facilities Planning and Design 2 2 2 2 Understanding Project Objectives 2 3 1 3 Current Knowledge of Tukwila Standards and Procedures 1 2 1 2 TOTALS 10 14 9 16 For each category, highest score is 1 (with the lowest or worst score at 4) Consultant with the lowest score is ranked the best. W:\PW Eng\PROJECTS \A- RW & RS Projects\ Safe Routes to School - Thorndyke (91210302)\PE\Transportation Committee\ThorndkeSRTS_2013_ConSel.xls 105 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Thorndyke Safe Routes to School Project No. 91210302 Construction of roadway improvements and new sidewalk on the north side of S 150th St between Tukwila DESCRIPTION: ' |ntemadonalBhdand42ndAveS.Alsoanewomaawa|konG150hGtinfmntofThomdykoBemontary. Enhance safety for students walking and biking to Thorndyke Elementary and encourages alternate JUSTIFICATION: transportation choices. STATUS: This route is one of the high priority missing sidewalk areas prioritized as part of Walk and Roll Plan. MAUVT|MPACT: Negligible. WSDOT Safe Routes to School gran for $457K Surface water on 5 l5Oth St is also programmed for $270k COMMENT: (see SDP on page 8D and $1UOk from Overlay & Repair for a total project cos of$1.UD2m.Education, enforcement, and encouragement are included as part of the Safe Routes to School grant requirements. FINANCIAL Through Estimated in 000's 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL . , EXPENSES Design 48 28 14 90 Land (R/W) 0 Const . Mgmt. 55 55 Construction 567 567 TOTAL EXPENSES 0 48 650 14 0 0 0 0 0 712 FUND SOURCES Awarded Grant 48 395 14 457 Proposed Grant 0 Mitigation Actual U Mitigation Expected O City Oper. Revenue 0 0 255 0 0 0 0 0 0 255 TOTAL SOURCES 0 48 650 14 0 0 0 0 0 712 1 06 2014 - 2019 Capital Improvement Program 4 Local Agency Standard Consultant Agreement Consultant/Address /Telephone KPG, Inc. 753 9th Avenue N Seattle, WA 98109 206- 286 -1640 ►�� Architectural /Engineering Agreement ■ Personal Services Agreement Agreement Number Project Title And Work Description Thorndyke Elementary Safe Routes to School Provide PS &E to include 6' sidewalk, curb and gutter on one side of the roadway, storm drainage replacement, and pedestrian countdown modules at the signalized intersection of 42nd Avenue South and South 150th Street. Federal Aid Number Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ % ►�� Cost Plus Fixed Fee Overhead Progress Payment Rate Overhead Cost Method DBE Participation % % % ❑ Yes e No • Actual Cost Federal ID Number or Social Security Number • Actual Cost Not To Exceed 0 Fixed Overhead Rate Fixed Fee $ 6,312.40 145.78 Do you require a 1099 for IRS? ❑ Yes 0 No Completion Date June 30, 2014 ❑ Specific Rates Of Pay Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 74,947.81 • Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work 74,947.81 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ▪ Exhibit D -2 Payment - Cost Plus ❑ Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ® Exhibit E -1 Fee - Lump/Fixed/Unit ❑ Exhibit E -2 Fee - Specific Rates ® Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ® Exhibit G -1 Subconsultant Fee ® Exhibit G -2 Fee -Sub Specific Rates Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ® Exhibit M -3 Lobbying Certification ® Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of , , between the Local Agency of City of Tukwila , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 107 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D /M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2of8 108 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub- consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 109 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 110 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5of8 111 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 112 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 113 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Consultant KPG, Inc DOT Form 140 -089 EF Revised 3/2008 114 Agency City of Tukwila Page 8 of 8 EXHIBIT A -1 City of Tukwila Thorndyke Elementary Safe Routes to School Scope of Work September 12, 2013 PURPOSE: This project includes preparation of final Plans, Specifications and Estimates for the Thorndyke Elementary Safe Routes to School Project. Project elements include 6' sidewalk, curb and gutter on one side of the roadway; storm drainage replacement, and pedestrian countdown modules at the signalized intersection of 42nd Avenue South and South 150th Street. Illumination upgrades on existing SCL poles will be coordinated by the City and are not included in this scope of work. Work includes necessary supplements to existing base mapping, design, National Environmental Protection Agency (NEPA) environmental documentation, and franchise utility notification. SCOPE OF WORK: Task 1 Project Management 1.1 The estimated project duration is 6 months. The Consultant shall provide overall project management including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.2 Provide QA / QC reviews by senior staff of all major deliverables prior to submittal to the City. Task 2 Prepare Base Maps and Geotechnical Review 2.1 The Consultant shall perform field topographic survey and update existing base maps to include the east half of the 42n Avenue S / S 150th Street intersection. 2.2 The Consultant will perform field reviews using a smart level and prepare maximum extent feasible (MEF) documentation for the deficient ramps at the City of Tukwila KPG, Inc. Thorndyke Elementary SRTS Page 1 of 3 September, 2013 115 intersection. Roadway slopes in the area will not permit full compliance with ADA requirements. 2.3 The Consultant shall coordinate geotechnical review of the corridor. Geotechnical studies will be performed by GeoDesign under subcontract to the Consultant in accordance with the scope of work included in Attachment 1. Task 3 100% Plans, Specifications, and Estimate The Consultant shall prepare Final Plans, Specifications and Estimates for advertisement and award by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 3.1 The Consultant shall prepare 50% Plans and Estimate for City review and comment. 3.2 The Consultant shall incorporate City comments and prepare 90% Plans, Specifications, and Estimate for City review and comment. Specifications will be based on WSDOT /APWA standards and applicable LAG standards to meet funding agency requirements. 3.3 The Consultant shall incorporate comments and finalize bid documents. Bid documents will be uploaded to bxwa.com for advertisement. Fees for advertisement will be paid by the City. 3.4 The Consultant shall provide bid period services to include responses to bidder inquiries, preparation of addenda, attendance at bid opening, preparation of bid tabulation, and recommendation to award or reject the apparent low bidder. The budget assumes a straight forward review process with the low bidder receiving the contract award. Task 4 Permitting and Agency Coordination 4.1 The Consultant shall distribute 50% and 90% to utility providers along the corridor for verification of their facilities and identification of any necessary upgrades or repairs prior to overlay. 4.2 The Consultant shall coordinate and provide graphic support for NEPA documentation. NEPA documentation will be performed by Widener and Associates under subcontract to the Consultant in accordance with the scope of work included in Attachment 2. City of Tukwila KPG, Inc. Thorndyke Elementary SRTS Page 2 of 3 September, 2013 116 4.3 The Consultant shall coordinate with WSDOT to obtain authorization to advertise for bids. This work is anticipated to include submittal of NEPA documents, project specifications, and ADA compliance /Maximum Extent Feasible (MEF) documentation at curb ramps. ADDITIONAL SERVICES: The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Assumptions: • Typically, only surface utilities requiring adjustment to grade will be shown. • Drainage & Water Quality Reports will not be required. • Environmental Documentation requirements will be in accordance with the scope of work included in Attachment 2. • No storm, sewer, water, or electrical upgrades are required beyond loop replacement and casting adjustments. • No right of way determination or acquisition is required. Deliverables • 50% review submittal with Plans and Estimate (5 copies) • 90% review submittal with Plans, Specifications, and Estimate (5 copies) • Routing of 50% and 90% Plans to utilities for review and comment. • Bid Documents and Engineer's Estimate for 2013 Overlay Program • 10 sets of Plans (11" X 17 ") and specifications for the Bid Documents. • Coordinate upload of Plans and Specifications to Builders Exchange. City of Tukwila KPG, Inc. Thorndyke Elementary SRTS Page 3 of 3 September, 2013 117 118 [DESIGNZ September 9, 2013 KPG, Inc. 753 9th Avenue North Seattle, WA 98109 Attention: Mr. Nelson Davis, P.E. Proposal Geotechnical Engineering Services Thorndyke Elementary Safe Routes to School Tukwila, Washington GeoDesign Project: KPG -29 -01 INTRODUCTION GeoDesign, Inc. is pleased to present this proposal to provide geotechnical engineering services to support the Thorndyke Elementary Safe Routes to School project that will improve pedestrian safety and traffic along South 150`h Street in Tukwila, Washington. We understand that geotechnical services are required to support the design of replacing and widening the existing road, including the addition of a sidewalk along the south side of the roadway. The project extends along South 150`h Street from Pacific Highway South to 42nd Avenue South for a distance of approximately 1,400 feet. The existing roadway is relatively narrow with one lane in each direction and no sidewalks. A shoulder area approximately 5 feet in width is marked along the north side of the roadway. We visited the site on September 6, 2013 to help prepare this proposal. The asphalt pavement in the eastbound lane is in poor to moderate condition with alligator cracking. The south edge of the eastbound lane has failed and been repaired with joint sealer compound. A utility trench patch for a new waterline extends along the northern portion of the westbound lane throughout most of the project area, except where it crosses to the south side of the eastbound lane near the intersection with 42nd Avenue South. The pavement thickness along the edge of the road was explored at three locations by probing with a steel rod and was found to vary from 1.5 to 3 inches thick. Geotechnical services are required to provide information on existing pavement thickness and subgrade conditions to support reconstruction of the roadway and widening to construct the sidewalk area. 10700 Meridian Avenue North, Suite 210 I Seattle, WA 98133 1 206.838.9900 www.geodesigninc.com 119 SCOPE OF SERVICES The purpose of our geotechnical services will be to provide geotechnical recommendations to support the project. Our specific scope of our services is summarized as follows: • Review preliminary plans of the project and construction records for the waterline replacement project, if available. • Coordinate and manage the field investigation, including preparing a street -use right -of -way (ROW) application along with a proposed traffic control plan. • Mark boring locations and request public utility locates. Two trips to the site will be required: one to mark the boring locations in order to get the utility locates completed and to evaluate traffic control requirements for the field work and a second trip to review utility locates and boring conflicts, if any. The traffic control plan and identification of any parking spots that will need to be blocked off during the drilling and anticipated work hours will be provided in the traffic control plan. • Explore subsurface conditions by completing up to seven shallow soil borings within and adjacent to the roadway. The borings will extend approximately 8 feet below the bottom of the planned pavement section. The borings will be spaced approximately 200 feet apart; spacing and number may be revised depending on the soil conditions encountered. The asphalt will be cored at each location, and drilling will be completed using hollow -stem auger drilling techniques. Samples will be collected using the SPT test and the standard split - spoon. Samples will be collected at approximately 1- to 2 -foot intervals to the bottom of the borings. Our representative will collect soil samples and maintain a log of the subsurface conditions encountered. We anticipate traffic control services, including two flaggers, will be required when working within the ROW and that parking will need to be blocked off during the field work in order to access the drilling locations. A separate site visit will be necessary in order to erect the no parking barricades prior to performing the drilling. During this visit we will also verify that there are no utility conflicts with the proposed locations. We anticipate that each boring can be drilled in approximately one hour, after which the area will be cleared and parking can be opened. The proposed drill rig will be a small trailer- mounted rig that will only occupy one lane. • Complete laboratory analyses on disturbed soil samples obtained from the explorations, including up to five moisture content tests and one resilient modulus test for pavement design. GEO 120 DESIGNY 2 KPG -29- 01:090913 • Prepare a report summarizing our findings, conclusions, and recommendation related to the following: • Subsurface soil and groundwater conditions and results of laboratory testing ■ Thickness of existing asphalt at the exploration locations ■ Subgrade preparation recommendations ■ Luminaire /signal pole foundation • Recommended pavement section; we anticipate that the City of Tukwila (City) can provide traffic count and classification data • Short embankments and /or retaining structures Tess than 4 feet in height. SCHEDULE We will begin work on the project upon your notification to proceed. We have checked on the availability of local drillers and anticipate that the drilling can be completed within approximately three weeks of notice to proceed, assuming that a ROW permit can be obtained within a week after submittal. We expect the soil borings will take approximately one day to complete. The work will be coordinated and scheduled with you and the City to avoid /minimize impacts to traffic, pedestrians, local businesses, and Thorndyke Elementary School. Laboratory testing for will take about one week to complete. Our report will be available within two to three weeks after completion of the field explorations. Preliminary results can be provided as necessary. FEE Our services will be completed on a time and materials basis in accordance with our Schedule of Charges and General Conditions, which are attached to and are part of this proposal. The estimated project cost for each task summarized above is summarized below and a detailed cost estimate is provided as an attachment. Activity Expenditures Subcontractors Utility Locate, Drilling, and Traffic Control Subcontractors $4,150 GeoDesign, Inc. Logistics, Field Work, Locates, and Traffic Control Plan $1,710 Laboratory Testing 1,200 Geotechnical Analyses, Report, and Project Management 1.930 Subtotal $4,840 Total $8,990 DESIGN ••• 3 KPG- 29- 01:090913 121 122 Exhibit A -1, Attachment 2 SCOPE OF WORK Task 1 - Data Collection Widener with assistance from the City will collect available documentation concerning the project activities and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high - quality ecosystem data from WDNR. The above data along with past permit actions in the project area will provide a basis for conducting an onsite habitat survey of the project and the adjoining seabed. All habitat areas will be mapped and documented in the project base map. Task 2 — APE/Exemption Letter This work would include the preparation of an APE/Exemption Letter in accordance with the LAG manual. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. A field reconnaissance consisting of a visual survey will be conducted to identify previously recorded and/or unrecorded archaeological sites for the proposed project where ground - disturbing activities are expected to take place. An APE /Exemption letter will be prepared and submitted to WSDOT for approval. Rights -of -entry will be provided by the City. Deliverables 1. Electronic copies of a draft APE/Exemption Letter incorporating City comments. 2. Electronic final letter incorporating WSDOT comments will be provided to the City and WSDOT. Task 3 — Section 7 Endangered Species Act Compliance Documentation. A No Effect analysis will be prepared in accordance with WSDOT guidelines and incorporated into the ECS. The following subtasks will be undertaken in preparation of the form. 1. Conduct a field reconnaissance to investigate on -site habitat conditions. 2. Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. 3. Prepare documentation for a No Effect Determination incorporated into an ECS Deliverable 1. No effect analysis which will be attached to the ECS. Exhibit A Scope of Work for Environmental Services for Thorndyke Elementary Safe Routes to School City of Tukwila WIDENER & ASSOCIATES September 2013 Wage 123 Exhibit A -1, Attachment 2 SCOPE OF WORK Task 4 — ECS Services will be provided to prepare the Environmental Classification Summary (ECS) form by reviewing technical reports related to the project, applying project- specific data to the form and coordinating approval for the project by both WSDOT and FHWA. Deliverables 1. Electronic copies of the draft ECS will be provided. 2. Electronic copies of the final ECS documentation will be provided incorporating City comments. 3. Electronic copies of the final ECS documentation will be provided incorporating WSDOT /FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Exhibit A Scope of Work for Environmental Services for Thorndyke Elementary Safe Routes to School City of Tukwila WIDENER & ASSOCIATES September 2013 124 2IPaMge EXHIBIT C Electronic Exchange of Engineering and Other Data Electronic Deliverables include digital photos (.jpg), scanned or electronic documents (.pdf, .doc, .xls, AutoCAD Civi13D 2013, etc.), and progress schedules (if provided by the Contractor in .mpp). Data is to be transferred by email, CD, or FTP site(s). Agency OS is Windows 7, Agency email software is Microsoft Outlook 2010, Software Suite is Microsoft Office 2010. 125 126 Exhibit D -2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, direct non - salary costs, and fixed fee. 1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. When an Actual Cost method is used, the CONSULTANT (prime and all sub - consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an overhead schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. DOT Form 140 -089 EF Exhibit D -2 Revised 6/08 127 Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall cause the AGENCY to withhold payment of the billed overhead costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY, STATE and /or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Cost b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable wh the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the heading of this AGREEMENT under Fixed Fee. This amount does not include any additional Fixed Fee, which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person - hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed 128 the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work. "6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 129 130 HOUR AND FEE ESTIMATE Project: City of Tukwila Thorndyke Elementary Safe Routes to School September 2013 EXHIBIT E -2 KPG • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee Project Manager $ 176.77 Senior Engineer $ 132.60 Project Engineer $ 119.33 Design Engineer $ 99.45 CAD Technician $ 79.56 Const Inspector $ 104.80 Survey Crew $ 140.65 Senior Admin $ 99.28 Office Admin $ 68.95 Fee Task 1 - Management/Coordination /Administration 1.1 Management and administration (estimate 4 months) 1.2 QA/QC reviews 4 0 0 0 0 0 0 4 4 4 0 0 0 0 0 0 0 0 Task Total 8 0 0 0 0 0 0 4 4 $ 1,380.00 $ 707.10 $ 2,087.10 Task 2 - Prepare Base Maps 2.1 Prepare Project Base Maps 0 0 0 0 8 0 8 0 0 $ 1,761.68 2.2 ADA review / MEF preparation 2 0 8 0 4 0 0 0 2 $ 1,764.33 2.2 Coordinate geotechnical review 0 0 4 0 0 0 0 0 2 $ 615.21 Reimbursable - Utilty locates 2 2 4 8 4 0 0 0 4 $ 1,000.00 Reimbursable - GeoDesign (Geotechnical Review) $ 8,990.00 Task Total 2 0 12 0 12 0 8 0 4 $ 14,131.22 Task 3 - Prepare Bid Documents 3.1 Prepare 50% Plans and Estimate 8 16 40 60 24 0 0 0 4 $ 16,460.98 3.2 Prepare 90% Plans, Specifications, and Estimate 4 24 60 40 40 0 0 0 8 $ 18,761.09 3.3 Finalize Bid Documents (est 17 shts) 4 8 40 16 16 0 0 0 8 $ 9,956.76 3.5 Bid Period Services 2 2 4 8 4 0 0 0 4 $ 2,485.66 Reimbursable - Mileage $ 200.00 Reimbursable - Reproduction $ 500.00 Task Total 18 50 144 124 84 0 0 0 24 $ 48,364.49 Task 4 - Permitting and Agency Coordination 4.1 Utility Notification 2 0 4 0 0 0 0 0 2 $ 968.76 4.2 Coordinate NEPA documentation 2 0 0 4 2 0 0 0 0 $ 910.46 4.3 WSDOT Coordination 4 0 8 0 4 0 0 0 4 $ 2,255.77 Reimbursable - Mileage $ 50.00 Reimbursable - Reproduction $ 200.00 Reimbursable - Widener (NEPA documentation) $ 5,980.00 Task Total 8 0 12 4 6 0 0 0 6 $ 10,364.99 * Hourly rates are based on the following: Direct Salary Costs Overhead Rate Fixed Fee Total Estimated Fee: $ 74,947.81 $ 64.10 $ 48.08 $ 43.27 $ 36.06 $ 28.85 $ 38.00 $ 51.00 $ 36.00 $ 25.00 145.78% 30% 9/17/2013 132 EXHIBIT F Al ihrWashington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation August 10, 2012 Susan Rowe KPG, Inc. 753 9th Ave N Seattle WA, 98109 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360- 705 -7000 TTY: 1- 800 - 833 -6388 www.wsdot.wa.gov Re: KPG, Inc. Overhead Schedule Fiscal Year End December 31, 2011 Dear Ms. Rowe: We have completed a desk review of your overhead schedule for the above referenced fiscal year. Our review included the documentation provided by KPG, Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of KPG, Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing KPG, Inc. overhead rate for the fiscal year ending December 31, 2011 at 145.78% (rate includes Facilities Cost of Capital) of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, remember that when you provide next year's overhead schedule to our office, you will also need to submit either your internally prepared Compensation Analysis for our review, or use the National Compensation Matrix (NCM) format to prepare your alternate analysis and we will review that. The NCM is a tool that establishes compensation amounts presumed reasonable for certain executive positions. The Compensation Analysis and NCM are described further in the AASHTO Audit Guide, Chapter 7. We will need your Compensation Analysis, or alternative analysis based on use of the NCM, in order to complete our review of your overhead schedule. 133 Ms. Rowe August 10, 2012 Page 2 If you, or any representatives of KPG, Inc. have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705 -7003. Sincerely, Martha S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File 134 Description KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Amount KPG Adj. WSDOT Adj. Ref. Amount Direct Labor $2,817,914 $3,600 Q $2,821,514 100.00% Fringe Benefits: Vacation, Sick, & Holiday $556,434 $556,434 19.72% Payroll Taxes 252,650 131,345 Q 383,995 13.61% Health Insurance 466,347 466,347 16.53% Workers' Comp. Insurance 19,953 19,953 0.71% Holiday Bonus 6,100 (6,100) M 0 0.00% Profit Sharing (401 -k) 73,279 73,279 2.60% Total Fringe Benefits $1,374,762 $0 $125,245 $1,500,007 53.16% General Overhead: Indirect Labor $1,155,440 ($5,139) ($140,386) A,N $1,009,915 35.79% Bid & Proposal Labor 318,208 318,208 11.28% Accounting & Legal 31,829 (12,475) 8,400 F, T 27,754 0.98% Automobile 90,792 (29,081) (28,118) B, 0 33,593 1.19% Bank Charge 6 6 0.00% Donations 2,350 (2,350) J 0 0.00% Conferences 16,493 (2,680) D,J,L 13,813 0.49% Organizations 22,259 (78) E 22,181 0.79% Publications 5,027 5,027 0.18% Employee Services 52,297 (52,297) P (0) 0.00% Interest 6,365 (6,365) G 0 0.00% Licenses 7,804 7,804 0.28% Meals 42,499 (42,499) H 0 0.00% IT - Computer 121,894 121,894 4.32% IT - Telephone 101,895 (1,055) 15,738 D,Q 116,577 4.13% IT - Training 15,986 15,986 0.57% Office Supplies 52,745 52,745 1.87% Payroll Services 6,653 6,653 0.24% Postage & Delivery 3,274 3,274 0.12% Printing 4,002 4,002 0.14% Recruiting Costs 311 311 0.01% Rent 547,488 (270,210) (32,006) K, R 245,272 8.69% Repairs & Maintenance 60,173 60,173 2.13% Shareholder Buyout 94,086 (18,650) (75,436) G,S 0 0.00% Survey 46,150 46,150 1.64% Taxes & Insurance 405,108 (20,968) C 384,140 13.61% Travel 8,396 (8,396) H (0) 0.00% Utilities 36,211 36,211 1.28% Depreciation 146,622 (88,959) I 57,663 2.04% Total General Overhead $3,402,361 ($508,904) ($304,105) $2,589,352 91.77% Total Overhead Costs Overhead Rate (Less FCC) $4,777,123 ($508,904) ($178,860) $4,089,359 144.93% 169.53% 151.47% 144.93% Page 1 135 Description KPG, Inc. 2011 Overhead Schedule For FY Ending December 31st, 2011 Financial Statement Accepted Amount KPG Ad i. WSDOT Adj. Ref. Amount OA Facilities Cost of Capital Overhead Rate (Includes FCC) KPG Corp - Reviewed & Accepted 8/10/2012, ADP "Overhead Rate still subject to WSDOT Audit" $23,756 0.84% $4,113,115 145.78% References KPG Adjustments: Al Overtime premium unallowable $486 per 48 CFR 22.103 -1, 22.103 -4(g) A2 Severance pay unallowable $4,653 B Mixed use auto allowances ? 1/2 of $58,161 per 48 CFR 31.205 -6 (m) (2) and 31.205 -46 (d) C Key person life insurance unallowable $20,968 per 48 CFR 31.205- 19(e)(2)(v). D1 Advertising unallowable (1/2 page ad) $225 per CFR 31.205 -1 D2 Advertising unallowable (yellow pages) $1,055 per CFR 31.205 -1 E Lobbying unallowable $78 per CFR 31.205 -22 F Tax preparation fees unallowable $12,475 per 48 CFR 31.205 -41 (b) (1), 31.201 -6 (a), S -Corp G1 Interest unallowable $6,365 per 48 CFR 31.205 -20. G2 Interest unallowable $18,650 per 48 CFR 31.205 -20. H 1 Inadequate supporting documentation unallowable (meals) $42,499 H2 Inadequate supporting documentation unallowable (travel) $8,396 I Accelerated depreciation unallowable $88,959 J1 Donations Unallowable $2,350 J2 Donations Unallowable $560 K Common Control Rent adjustment $270,210 L Entertainment unallowable (golf) $1,895 WSDOT Adjustments: M Bonus is not performance based all employees revived $100 Holiday gift, 48 CFR 31.205 -6 (f), AASIITO Chp 7.12 N Two Employee's received $50,000 each of unallowable distributions, payment for Gym, $2,609 is unallowable 48 CFR 31.205 -13 (c), medical payment already in fringe benefits $38,263,WSDOT overhead policy expired with OH's for 2009 (see ref Al) $486 now allowable. O Personal use of Auto's unallowable removed 63% of all Auto accounts, per mileage log provided by firm, 48 CFR 31.205 -46 (d) P Entertainment, Gifts, Dinners and Gym membership is unallowable 48 CFR 31.205 -13 (b), 31.205 -14, Q Improper calculation, firm missed $15,738 indirect expense and $3,600 of direct labor, taxes in addition to FICA not expensed in the amount of $131,345 R $32,006 of sub - leased rent received, 48 CFR 31.201 -5 S Organization cost of shareholder buyout is unallowable 48 CFR 31.205 -6 (i) & 31.205 -27 T WSDOT Overhead policy expired with 2009 Overhead, see Ref F, $8,400 tax Prep fee's allowable, $4,075 of S -Corp personal tax Prep still unallowable Page 2 136 Exhibit G & G -1 Subcontracted Work /Fee Determination The AGENCY permits subcontracts for the following portions of the work of this Agreement: CNI Locates — Field Utility Locates Task 2 (Prepare Base Maps) Total Budget is $1,000.00 as shown in the Budget and Expenses section of Exhibit E -1. GeoDesign Inc - Geotechnical Review Task 2 (Prepare Basemaps) Total budget is $8,990.00 as shown in the Budget and Expenses section of Exhibit E -1. Widener & Associates — NEPA Documentation Task 4 (Widener & Associates) Total budget is $5,980.00 as shown in the Budget and Expenses section of Exhibit E -1. 137 138 GeoDesign, Inc, FEE SUMMARY Project: Tukwila - Sa'e Routes to School - TYtnrndyke Elementary _... Job No. KPG -23 -01 ndard Schedule )SS) or Direct Salary Cost )DSC) j DSC or €Sat0 8 Direct Salary Cost (DS+ GeaDesian 040050 e If DSC Aal o i used If Lahr IS 02$C is the Fixed Fee = FF (D$C +0I) 7 Allowable Handlina Charge 077., ND 12:04 Fixed Pee tnelude l:a0oratory,Cost at, A 0/6910/64 "YES" Enter Lams 1t Date _., _.. 9)9)2013__ ....... 3 ,00 s loons Solorr '«Senior Lata Toob Lab Techn)cl2rr l N LA B0: la t, GT PHASES 000 TA Field Work Engineering and Report Laboratory Testing ubeontractors. Total Hours or Rate Cost 11 .... rrr818 t'rxy/ axLee nest,. ... 91oj901 Engi srl 11' 6agdec¢ir19 -r 909915;Sxg'I E1119,9811 'x{YCe arakt 0n3 <9099Ky, 931091 Staf 59111101 0901) 9 tali (11111.. C40 'f 0. na-,rur<an CI T 0911n;rapn i109, UBTOTAL -Labor OVERHEAD )OH) COST (Including Salary Additives) FIXED FEE (99): = Fixed Fee x (DSC) or 309 x(51,21429) 090 11:, UBTOTALLABOR 501319509047. $520 5637 557 694 1,096 98 156 191 17 91,573 51,924? 151 35.5 ,214 2,091 364 $3,870 Unit Extended ta 50957OTAL Et) REIMBURSABLES: FI09 Ra to E9910¢i50 7 Field Work Engineering and Report Laborato, Testing SubContractors Extended TOTA3 Field Work LABORATORY TE.B.11q 50 "?.0^." .Own Re93,rnt S'n$a1us E2+ Engineering and Laboratory Report Testing Subcontractors Rate Extended SU870TAL G'tBOpAS'i?6tY Ltesigo Charges SubTotal 51,700 3UBCONTRACT_ON Field Work 1,924 51, Report 4 Laboratory Testing SubContracto USTOTAL 026 He Extended 82912 Tt0'00 L. X190 TAL t69S 90SULT Field Work Fn0llt` - " "`A anrd Report $1,709 Testing ors 4A TOTAL - ESTIMA TED :FEE 974.94; .,necked Oy.. 9020 Date. Date. 139 Q S96.C✓,t 50957OTAL Et) REIMBURSABLES: FI09 Ra to E9910¢i50 7 Field Work Engineering and Report Laborato, Testing SubContractors Extended TOTA3 Field Work LABORATORY TE.B.11q 50 "?.0^." .Own Re93,rnt S'n$a1us E2+ Engineering and Laboratory Report Testing Subcontractors Rate Extended SU870TAL G'tBOpAS'i?6tY Ltesigo Charges SubTotal 51,700 3UBCONTRACT_ON Field Work 1,924 51, Report 4 Laboratory Testing SubContracto USTOTAL 026 He Extended 82912 Tt0'00 L. X190 TAL t69S 90SULT Field Work Fn0llt` - " "`A anrd Report $1,709 Testing ors 4A TOTAL - ESTIMA TED :FEE 974.94; .,necked Oy.. 9020 Date. Date. 139 For: KPG - Nelson Davis Exhibit G -2 Thorndyke Elementary SRTS City of Tukwila Cost Estimate From: Widener Associates 140 Project Manager Project Biologist Hours Hours Task 1 - Data Collection DNR 0 4 WDFW 0 4 Site Visit/Survey 4 4 Task 2 - APE Exemption APE 4 8 Task 3 — Compliance Documentation for No Effect Documentation 2 6 Task 4 — ECS Draft 2 12 Final 2 6 Total hours 14 44 Summary Hours Rate Cost Project Manager 14 $154.00 $2,156.00 Project Biologist 44 $86.80 $3,819.20 Expense Total Labor $5,975.20 TOTAL ESTIMATED COST $5,975.20 140 EXHIBIT G -3 LOCATESLTD September 13th, 2013 KPG, Inc. Attn: Nelson Davis 753 9th Avenue N Seattle, WA 98109 RE: Statement of Negotiated Rates City of Tukwila — Thorndyke Elementary Safe Routes to School This letter is to confirm that C -N -I Locates Ltd. does not have an audited overhead rate and that we contract for services based on a negotiated hourly rate that includes direct salary, overhead, and fee. The rates below are the lowest rates charged to our preferred customers. I also confirm that all direct non -salary costs will be invoiced without markup. LEAK DETECTION IDENTIFICATION OF LIOUID AND AIR LEAKS: Utilizing both electromagnetic and acoustic locating equipment to identify leaks. MAGNETIC DETECTION IDENTIFICATION OF FERROUS AND NON - FERROUS METALS: Utilizing Magnetic Locators to identify a variety of utilities, i.e. well casings, septic tanks, manhole covers, iron pipes, survey /Omni markers, valve boxes, steel drums, and fuel storage. METALLIC LINE DETECTION UTILITIES W /NO BREAK IN ELECTRICAL CONTINUITY: Utilizing radio frequency electromagnetic transmitters and receivers to tone and locate Electrical, Phone, Gas, TV, Sewer, Water and Storm Lines. NON - METALLIC PIPE DETECTION IDENTIFICATION OF NON - METALLIC UTILITIES: Accomplished by Inserting a variety of transmitters and or insulated tracer wires and then pinpointing their location with radio frequency electromagnetic receivers, at depths of up to 100 feet. GPR CONCRETE & STRUCTURAL SCANNING (GPR) GEOPHYSICAL METHOD THAT USES RADAR PULSES TO IMAGE FLOORS, WALLS AND CEILINGS: Used to locate rebar, plastic and metal conduits, locate and estimate depth of post- tension cables, determine cover depth, detect deterioration, discover voids, detect current carrying cables, etc. GPR SUBSURFACE UTILITY SCANNING (GPR) GEOPHYSICAL METHOD THAT USES RADAR PULSES TO IMAGE THE SUBSURFACE: GPR can be a powerful tool for mapping the location and depth of metallic, non - metallic, plastic, concrete and asbestos - concrete utilities and detects the reflected signals from subsurface structures. CRITICAL FACILITY STANDBY PROVIDING UNDERGROUND UTILITY INSPECTION SERVICES: Monitoring construction activities within a five foot margin of communications or petroleum facilities. $ 125 PER HR $ 80 PER HR $ 80 PER HR $ 105 PER HR $ 200 PER HR $ 180 PER HR $ 60 PER HR 141 EXHIBIT G -3 ELECTRICAL FAULT DETECTION IDENTIFICATION OF ELECTRONIC GROUND FAULTS: Utilizing a Multi- Meter, radio frequency electro- magnetic transmitter and receiver, with A- frame, to identify precise location of electronic ground faults. MAINTENANCE LOCATING VERIFY AND MAINTAIN FIELD LOCATE MARKINGS, APPLIED BY PUBLIC UTILITY OWNERS: This successful consulting service is used on large, lengthy projects, in an effort to comply with field marking requirements and meet project objectives. UTILITY DESIGN SURVEYS IDENTIFICATION OF PUBLIC AND PRIVATE UTILITIES: Field marking the location of all utilities in a specified area, for the purpose of preliminary engineering and planned development. VIDEO PIPE INSPECTION VIDEO CAMERA INSPECTION OF UTILITIES: Accomplished by inserting video cameras and electronic beacons through utilities in order to locate, inspect and video tape the condition of the facilities. $ $ 90 PER HR 80 PER HR $ 80 PER HR $ 135 PER HR We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call. Sincerely, C -N -I Locates Ltd. Larry Gasser President PO Box 7740 Bonney Lake, WA 98391 (253) 826 -1177 Office (253) 261 -1868 Cell (253) 826 -2232 Fax www.cnilocates.com Web larrycnilocates.com E -mail "IT'S A JUNGLE OUT THERE." ❖ 2 -HR MINIMUM, ALL SERVICES. HOURLY SERVICE RATE APPLIES TO ALL TRAVEL TIME (TO AND FROM PREVIOUS CLIENT OR FIELD OFFICE) ❖ EMERGENCY SERVICES -- OVERTIME RATE APPLIES / AFTERHOURS & WEEKEND SERVICES -- DOUBLETIME RATE APPLIES ❖ All travel over 100 miles billed at standard 2012 IRS Mileage reimbursement rate of $ 0.555 /mile PO Box 7740 • Bonney Lake, WA 98391 TOLL FREE: 1-877-826-1177 • Phone: 253 - 826 -1177 • Fax: 253 - 826 -2232 VISIT OUR WEBSITE AT: WWW.CNILOCATES.COM OR E -MAIL US AT: JNFO(aCNILOCATES.CON( "Quality Isn't Expensive ... It's Priceless" 142 Widener & Associates EXHIBIT G -3 Transportation & Environmental Planning .10108 32 "d Avenue W Ste D Everett, W4 98204 -1302 .Tel (425) 348 -3059 Fax (425) 348 -3124 September 13th, 2013 KPG, Inc. 753 9th Avenue N Seattle, WA 98109 Subject: Hourly Rate Statement Dear Nelson Davis, Contract Administrator Please consider this letter to be a statement of rates for DGK Inc. DBA Widener & Associates (Widener). It covers consulting work for; City of Tukwila on issues related to environmental permitting and coordination for this project. "City of Tukwila — Thorndyke Elementary Safe Routes to School" Widener is a five - person firm with no calculated overhead rate. We charge a flat hourly fee for services that is all- inclusive of direct salary, overhead and fee. The hourly fees offered for this contract are the lowest fees we offer for preferred clients. I also confirm that all direct nonsalary costs will be invoiced without mark -up. • Project Manager - $140.00 • Biologist - $86.80 We appreciate the opportunity to work with you on this project. If you have any questions or need additional information, please call at 425 -503 -3629. Sincerely, Ross L Widener Vice President WIDENER & ASSOCIATES 143 144 � Washington State aI/ Department of Transportation Lynn Peterson Secretary of Transportation May 13, 2013 Jeff Tucker, Principal Geo Design, Inc. 15575 SW Sequoia Pkwy, STE 100 Portland, OR 97224 -7195 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360- 705 -7000 TTY: 1- 800 - 833 -6388 www.wsdot.wa.gov REC i tY 2 13 GEODIL:atl, Re: Geo Design, Inc. Indirect Cost Rate Schedule Fiscal Year End December 31, 2011 Dear Mr. Tucker: We have completed a desk review of Geo Design, Inc. indirect cost rate schedule for the above referenced fiscal year. Our review included the documentation provided by Geo Design, Inc. The reviewed data included, but was not limited to; the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Geo Design, Inc. accounting system and the basis of indirect costs. Based on our work, we are issuing this letter of review establishing the Geo Design, Inc. indirect cost rate for the fiscal year ending December 31, 2011, at 172.23% of direct labor. Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and /or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). Also, when you provide next year's indirect cost rate schedule to our office or to your CPA firm, please submit either your internally prepared Compensation Analysis, or the National Compensation Matrix (NCM) worksheet. If you, or any representatives of Geo Design, Inc. have any questions, please contact Martha Roach, Jeri Sivertson, or Steve McKerney at (360)705 -7003. Sine 1y, Lt % . rtha. S. Roach Agreement Compliance Audit Manager MR:ds Enclosures cc: Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Larry Schofield, MS 47323 File 145 146 Description GeoDesign, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2011 Financial Statement GeoDesign Accepted Amount Adj WSDOT Adj Ref Amount Direct Labor $2,350,847 $15,862 a. $2,366,709 100.00% Indirect Costs: Fringe Benefits Vacation $315,238 $315,238 13.32% Holiday 141,680 ($11,322) b. 130,359 5.51% Sick & Other Leave 99,004 788 c. 99,792 4.22% Payroll Taxes 456,917 456,917 19.31% Group Insurance (Includes Key Man) 431,066 (8,889) 6 422,177 17.84% Incentive Payments - Bonuses 502,231 (205,369) ($296,862) 14,E 0 0.00% Profit Sharing 0 0 0.00% Fitness Benefit 3,201 3,201 0.14% Retirement Benefits /401K 120,385 120,385 5.09% Fringe Benefit 0 (160,455) P (160,455) -6.78% Total Fringe Benefits $2,069,722 ($224,791) ($457,317) $1,387,614 58.63% General Overhead Indirect Labor $1,817,394 ($405,515) ($240,476) 10,14,15,18,K $1,171,403 49.50% Bid & Proposal Labor 240,476 K 240,476 10.16% Labor Variance (257,301) (257,301) - 10.87% COG - Lab & Field Supplies 153,716 (79,197) (4,756) 1,12,F 69,763 2.95% Building Rental and Expenses 386,064 386,064 16.31% Equipment Rental and Expenses 68,510 68,510 2.89% Utilities 831 831 0.04% Travel and Expenses - general 22,843 (8,326) 0 14,517 0.61% Employees' Expenses 121,509 (21,584) (16,619) 2,3,4,J 83,306 3.52% Taxes and Licenses - general 74,524 2,503 (44,627) 13,G 32,400 1.37% Depreciation and Amortization 257,599 (51,335) 1 206,264 8.72% Postage 19,481 (2,030) H ' 17,451 0.74% Subscriptions 8,837 (5,006) I 3,831 0.16% Donations 11,661 (11,661) 5 0 0.00% Professional Insurance 310,655 (50,000) M 260,655 11.01% Bad Debts (103,823) 103,823 7 0 0.00% Office Expense 291,538 (21,508) (3,490) 8,11,N 266,540 11.26% Interest - net 33,359 (33,359) 9 0 0.00% Professional Services 47,946 (2,505) (265) 16,17,Q 45,176 1.91% Temporary Help 90,923 (61,525) D 29,398 1.24% Advertising/Promotional materials 18,544 (18,544) 10 0 0.00% Marketing Expense 65,974 (65,974) 2,3,4 0 0.00% Computer Expense 92,947 (30,845) (310) 19,L 61,792 2.61% Lab Equipment Recovery Credit, Refun (33,490) (33,490) -1.42% Total General Overhead $3,500,239 (5635,700) ($196,954) $2,667,585 112.71% Total Indirect Costs & Overhead $5,569,961 ($860,492) ($654,271) $4,055,199 171.34% Indirect Cost Rate (Less FCC) 236.93% 198.99% 171.34% Facilities Cost of Capital (FCC) $21,011 $21,011 0.89% Indirect Cost Rate (Includes FCC) 237.83% 172.23% Page 1 147 Description GeoDesign, Inc. Indirect Cost Rate Schedule For the Year Ended December 31, 2011 Financial Statement GeoDesign Accepted Amount Adj WSDOT Adj Ref Amount GeoDesign, Inc - Reviewed & Accepted by SAH 05/13/13 "Overhead Rate still subject to WSDOT Audit" References GeoDesign Adjustments: 1 FAR 31.202 (a) - Direct Project costs unallowable 2 FAR 31.205 -46 - Travel Costs in Excess of FTR Rates 3 FAR 31.205 -51 - Alcohol unallowable 4 FAR 31.205 -46 - Local meals unallowable 5 FAR 31.205 -8- Contributions 6 FAR 31.205 -19 (e)(2)(v) -Key Mari Insurance 7 FAR 31.205 -3 -Bad Debts 8 FAR 31.205 -15- Fines/Penalties 9 FAR 31.205 -20- Interest Expense 10 FAR 31.205 -1- Advertising and Promotional costs 11 FAR 31.205 -16 Employee Morale, Health etc. 12 FAR 31.205 -18 (Allowed B &P) and FAR 31.205 -38 (Unallowed +B33) 13 FAR.31.205 -41 Taxes 14 FAR.31.205 -6 (a)(6)(i)(A) Bonus Awards, Severance 15 FAR 22.103 -1, 22.301 -4(g) Unallowable Overtime 16 FAR.31.205 -6 Bonus Awards, Severance 17 FAR 31.205 -27 - Accounting and legal fees considered as organization costs are not allowable 18 FAR 31.205 -- & 38 - Unallowable marketing labor 19 FAR 31.201 -2(d) - Unable to produce general ledger detail for review a Direct Labor understated on Financial, see LDR b. Holiday overstated on Financial, see LDR c. Discrepancy on Financial, see LDR WSDOT Adjustments: D Temporary Help - Comprised of $16,411 direct contract labor and $74,511 indirect contract labor Income statement reconciliation showed $16,411 direct contract labor inadvertently included in indirect costs and $45,114 direct costs imbedded in indirect contract labor account, unallowable per 48 CFR 31.202(a). E Bonus - $296,862 adjustment for remainder of bonus - no written bonus policy established prior to reporting period. Also, unable to verify bonus based on employee performance and that individual performance goals were communicated to employees prior to work being performed, per 48 CFR 31.205 -6(f) and Chapter 7.12, AASHTO Audit Guide. F COG - Lab & Field Supplies - $4,688 adjustment for non billable direct mileage unallowable per 48 CFR 31.202(a) and $68 adjustment for unallowable advertising per 48 CFR 31.205 -1. G Taxes and Licenses reported on income statement support allowable costs of $32,400 per AASHTO Para 2.1.A: ($2,889 Misc. Tax/Lic + $26,443 state income tax + $2,551 WA sales tax + $517 CA sales tax = $32,400) Adjustment of $44,627 applied to reflect the following corrections: $33,994 adjustment to correct•the financial statement amount to match income statement. $2,503 adjustment to counter Geo Design adjustment. $8,130 adjustment for unallowable taxes reported on income statement per 48 CFR 31.205- 41(b), 48 CFR 31.205- 15(a), and 48 CFR 31.201 -6(d): ($10,426 Pers Prop Tax + $103 state tax penalty - $2,400 fed tax credit). H Postage - $2,030 adjustment for marketing postage account on income statement not adjusted on ICR per 48 CFR 31.205 -1. I Subscriptions - $5,006 adjustment for marketing subscriptions account on income statement not adjusted on ICR per 48 CFR 31.205 -1. J Employees' Expenses - $16,619 adj for lobbying, entertainment, gifts and direct costs unallowable per 48 CFR 31.205 -22, 31.205 -14, 31.205 -13(b) and 31.202(a). K Reclassified Bid & Proposal labor from Indirect Labor to include it as its own line item per 48 CFR 31.205 -18, CAS 420 and 2012 AASHTO Audit Guide 6.3. L Computer Expense - $310 adjustment for prior year expenses, unallowable per 48 CFR 31.201 -2(c). Page 2 148 Certification of Final Indirect Costs Firm Name: Geo Design, Inc. Indirect Cost Rate Proposal: 172.23% Date of Proposal Preparation (mm /dd /yyyy): 05/15/2013 Fiscal Period Covered (mm /dd /yyyy to mm /dd /yyyy): 01/01/2011 to 12/31/2011 1, the undersigned, certify that 1 have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1.) All costs included in this proposal to establish final indirect cost rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48, Code of Federal Regulations (CFR), part 31. 2.) This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR 31. Al! known material transactions or events that have occurred affecting the firm's ownership, organization and indirect cost rates have been disclosed. Signature: Name of Certifying Official* (Print): scd t' /1/2, yis Title: At. s1 deb Date of Certification (mm /dd /yyyy): 5-//0 /13 *The "Certifying Official" must be an individual executive or financial officer of the firm at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to represent the financial information utilized to establish the indirect cost rate for use under Agency contracts. Ref. AIWA Directive 4470.1A available on line at: htto: /fwww.fhwa. dot .gov /leesreas /direetiveslotde s144701 a.him O/H Certification; Nov 2010 149 NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. * ** eSafel scanned this email for malicious content * ** * ** IMPORTANT: Do not open attachments from unrecognized senders 2 150 * * * Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and /or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 151 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 152 Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit 1 Revised 6/05 153 154 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • DOT Form 140 -089 EF Exhibit J Revised 6/05 It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region 155 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 156 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140 -089 EF Exhibit K Revised 6/05 157 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 158 Exhibit M -1(a) Certification Of Consultant I hereby certify that I am a Principal representative of the firm of KPG, Inc. 753 9th Avenue N, Seattle, WA 98109 firm 1 here represent has: Project No. Local Agency and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 159 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 160 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG, Inc. (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 161 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): KPG, Inc. (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 162 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of KPG, Inc. P.S. * are accurate, complete, and current as of September 17, 2013 * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm KPG, Inc. Name Nelson Davis Title Principal Date of Execution*** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). Insert the day, month, and year when price negotiations were concluded and price agreement was reached. ** * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140 -089 EF Exhibit M-4 Revised 6/05 163 164 TRANSPORTATION COMMITTEE - Meeting Minutes September 24, 2013 — 5:15 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffle, Dennis Robertson Staff: Bob Giberson, Robin Tischmak, Gail Labanara, Cyndy Knighton, Dave Sorensen, Grant Griffin, Pat Brodin, Frank Iriarte, Mike Ronda, Peter Lau, Peggy McCarthy, Kimberly Matej, Laurel Humphrey Guest: Chuck Parrish CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Boeing Access Road over BNRR Bridge Rehabilitation: Consultant Selection and Agreement Staff is seeking Council approval to enter into a contract with Jacobs Engineering Group, Inc. in the amount of $1,017,772.00 to provide design services for the Boeing Access Road over BNRR Bridge Rehabilitation project. Jacobs Engineering Group, Inc. was selected from a pool of six engineering firms to submit Statements of Qualifications to the City for this project. This project will serve to rehabilitate the existing Boeing Access Road bridge, extend its service life, and improve its safety. The project is supported by a grant of Federal Local Bridge Program funds, with the City match funds resulting from a bond issue. Councilmembers will be given detailed information about the bond issues at a later date. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. B. Thorndyke Safe Routes to School: Consultant Selection and Agreement Staff is seeking Council approval to enter into a contract with KPG, Inc. in the amount of $74,947.81 to provide design services for the Thorndyke Safe Routes to School project. Four firms from the MRSC roster were evaluated, and KPG, Inc was selected due to its experience, knowledge, and prior work for the City. This project will provide for roadway and sidewalk improvements on the north side of S. 150`h Street between Tukwila International Boulevard and 42 "d Avenue South, as well as a new crosswalk on South 150th Street in front of Thorndyke Elementary School. It is expected that this project will conclude before the start of the 2014 -15 school year. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. C. Tukwila MIC Smart Street Non- Motorized Project: Consultant Selection and Agreement Staff is seeking Council approval of a consultant agreement with David Evans & Associates, Inc (DEA, Inc.) in the amount of $104,838 for design engineering services for the Tukwila Manufacturing /Industrial Center (MIC) Smart Street Non - Motorized project. Five firms were evaluated and DEA, Inc. was selected due to its qualifications and prior work for the city. Funding for this contract is provided by a Federal CMAQ grant. This project will design and construct bicycle facilities, a shared use path, and shared bicycle /vehicle lanes along portions of East Marginal Way South, South Boeing Access Road, and Airport Way South. The result of a grant application to PSRC in the amount of $500,000 for constructionof this project will be known and communicated soon. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. 165 166 **ILA iv 0 'wef COUNCIL AG_ENDA S OPSIS Meeting Date 10/07/13 Ma 's review Council review ITEM INFORMATION ITEM No. 4.F. 167 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/07/13 AGENDA ITEM TITLE Tukwila Manufacturing/Industrial Center Smart Street Non-Motorized Consultant Selection and Agreement with David Evans & Associates, Inc. CATEGORY II Discussion Mg Date n Motion Date 10/07/13 El Resolution A Itg Date 0 Ordinance Aftg Date E Bid Award Altg Date E Public Hear//g I\ It Date E Other ALg Date Altg SPONSOR E Council I E Mayor E HR El DCD E Finance -ire E IT E P&R Police Z P117 SPONSOR'S This design contract is for the Tukwila Manufacturing/Industrial Center (MIC) Smart SUMMARY Street Non-Motorized Project. Five engineering firms were evaluated and David Evans & Associates ranked the highest. The MIC Smart Street project will construct bicycle facilities and a shared use path along E Marginal Wy S to Airport Way S. Grant funding of $482,047 for construction was just awarded. Council is being asked to approve the design consultant agreement with David Evans in the amount of $104,886.00. REVIEWED BY E COW Mtg. E CA&P Cmte LI F&S Cmte E Utilities Cmte E Arts Comm. El Parks Comm. DATE: 09/24/13 COMMITTEE CHAIR: rd Transportation Cmte E Planning Comm. KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. ColvimITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE I ED APPROPRIATION REQUIRED $104,886.00 $122,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 26, PROPOSED 2014 CIP) Comments: Construction grant of $482,047 was just awarded 9/25/13 MTG. DATE RECORD OF COUNCIL ACTION 10/07/13 MTG. DATE ATTACHMENTS 10/07/13 Informational Memorandum dated 09/20/13 Location Map Consultant Selection Scoring Matrix Page 26, Proposed 2014 CIP (revised after 9/24 TC meeting) Consultant Agreement, Scope of Work, and Fee Minutes from the Transportation Committee meeting of 09/24/13 167 168 J��IILA iyq t sZ City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Dave Sorensen, Project Manager DATE: September 20, 2013 SUBJECT: Tukwila Manufacturing /Industrial Center Smart Street Non - Motorized Project Project No. 91310406 Consultant Selection and Agreement ISSUE Approve a consultant agreement with David Evans & Associates, Inc. (DEA, Inc.) to provide design engineering services for the Tukwila Manufacturing /Industrial Center (MIC) Smart Street Non - Motorized project. BACKGROUND This project will design and construct bicycle facilities, a shared use path, and shared bicycle /vehicle lanes along portions of East Marginal Way South, South Boeing Access Road, and Airport Way South. The project corridor extends from SR 599 on the south end of the Tukwila city limits to the north end at Airport Way South. ANALYSIS Five engineering firms were evaluated to provide design services for the City's Tukwila MIC Smart Street Non - Motorized project (see attached scoring and selection matrix). Each consulting firm provides services with expertise in multiple engineering disciplines. All of the firms are well qualified; however, DEA, Inc. provides a unique knowledge and understanding of the City's program that provides efficiency and benefits which cannot be matched at this time by the other firms evaluated. DEA, Inc. has prepared preliminary plans for several other recent City projects and has performed very well. BUDGET SUMMARY Funding for design of the MIC Smart Street project is provided by Federal CMAQ grant funds of $104,838.00. The City has also applied to PSRC for $500,000 in Transportation Alternatives Program (TAP) grant funding for construction. DEA, Inc. Design Contract Design Budget $ 104,886.00 $ 122,000.00 RECOMMENDATION Council is asked to approve the consultant agreement with David Evans Associates, Inc. to provide design engineering services for the Tukwila Manufacturing /Industrial Center Smart Street Non - Motorized Project and consider this item on the Consent Agenda at the October 7, 2013 Regular Meeting. Attachments: Location Map Scoring and Selection Matrix Proposed 2014 CIP, page 26 Consultant Agreement W:IPW Eng1PROJECTSIA- RW & RS Projects\Tukwila MIC Smart Street Non - Motorized Project (91310406)1Consultant Selection\For TC ApprovaNnto Memo Consult Selectdocx 169 170 Project Location 5 10 St 10801 Rainier Golf 8. Country Club S 113 SI s 111 127 01 5 133 SI 013801 Oster Gorr Course t 01355 37 City of Tukvvila TUKWILA MIC CENTER SMART STREET NON-MOTORIZED PROJECT June 17, 2013 Vicinity Map 171 Tukwila MIC Smart Street Non - Motorized Project (91310406) Consultant Selection Matrix (Internal Selection, No Interviews) DEA Associates u_ 1 a Jacobs Engineering Pace Engineers 1CH2M Hill, Inc. Bikeway & Walkway Design 1 2 1 1 1 Current Knowledge of Tukwila Standards and Procedures 1 2 1 2 2 Environmental Experience 1 1 1 1 1 Experience with similar federal aid projects? 1 2 1 2 1 Expertise Using Federal Funds 1 2 2 1 1 Pavement Design / Rehabilitation Repair Expertise 2 1 2 1 1 Planning and Design 1 1 1 1 1 Small Scale Projects 1 2 3 2 3 Storm water Drainage & Detention Design 1 2 1 2 1 Survey Crew In -House 1 1 4 4 1 TOTALS 11 16 17 17 13 For each category, highest score is 1 (with the lowest or worst score at 5) Consultant with the lowest score is ranked the best. Staff: Dave Sorensen Selection Date: 9/12/13 Selected Consultant: David Evans Associates Selection Justification: This firm has demonstrated small project experience, in house survey, and they are very current on Tukwila standards and procedures. Based on overall score DEA prevailed. CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Tukwila MIC Smart Street Non-Motorized P jmct Project No. 91310408 Design and construct bicycle Ianes/facilities on the corridor of East Marginal Way 8(Tuh Intl Blvd DESCRIPTION: to Boeing Access Rd) and Airport Way (BAR to NCL). Manufacturing/Industrial Center (MIC). Non-motorized improvements are desired throughout the City to reduce traffic congestion and offer JUSTIFICATION: alternative modes of travel. STATUS: New project for the 2U14 2019 CIP. MAINT. IMPACT Minimal impac additional pavement markings and minor asphalt widening to maintain. COMMENT: A federal CMAQ grant has been awarded for $104,838 in design funds and $482,047 for construct on. FINANCIAL Through Estimated 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL EXPENSES Design 58 64 122 Land(R8m) 0 Const. Mgmt. 58 58 Construction 500 500 TOTAL EXPENSES 0 58 622 0 0 0 0 0 0 680 FUND SOURCES Awarded Grant 50 537 587 Proposed Grant 0 Mitigation Actual 0 Traffic lmpact Fees 0 City Oper. Revenue 0 8 85 0 0 0 0 0 0 93 TOTAL SOURCES 0 58 622 0 0 0 0 0 0 680 2014 - 2019 Capital Improvement Program 26 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Tukwila MIC Smart Street Non - Motorized Project Project No. 91310406 DESCRIPTION: Design and construct bicycle lanes /facilities on the corridor of East Marginal Way S (Tuk Intl Blvd to Boeing Access Rd) and Airport Way (BAR to NCL). Manufacturing /Industrial Center (MIC). JUSTIFICATION: Non - motorized improvements are desired throughout the City to reduce traffic congestion and offer alternative modes of travel. STATUS: New project for the 2014 - 2019 CIP. MAINT. IMPACT: Minimal impact, additional pavement markings and minor asphalt widening to maintain. COMMENT: A federal grant, for design only, has been awarded for $104,838.00 in CMAQ funds. FINANCIAL (in $000's) EXPENSES Design Land (R/W) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Impact Fees City Oper. Revenue TOTAL SOURCES Through Estimated 2012 2013 2014 0 58 58 50 64 64 55 2015 2016 2017 2018 ,r ° 2019 B "POND \ TOTAL 0 0 0 0 482 122 0 58 500 680 0 8 9 0 0 0 58 4 0 0 76 558 174 2014 - 2019 Capital Improvement Program 26 105 482 0 0 93 680 Local Agency Consultant/Address /Telephone David Evans and Associates, Inc. Standard Consultant 415 - 118th Avenue SE Agreement Bellevue, WA 98005 (425) 519 -6500 @ Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description Federal Aid Number Tukwila Manufacturing Industrial Center "Street Smart" Non- Motorized Project: Work elements Agreement Type (Choose one) include survey and base mapping, alternatives evaluation, design of bike facilities and drainage, ❑ Lump Sum critical areas and permit support, and preliminary Lump Sum Amount $ and final submittals of PS &E contract documents. ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Yes r No • Actual Cost Federal ID Number or Social Security Number ❑ Actual Cost Not To Exceed % 93 -066 -1195 • Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑ Yes 0 No December 31, 2014 Total Amount Authorized $ 104,886.00 @ Specific Rates Of Pay r Negotiated Hourly Rate Management Reserve Fund $ ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work Maximum Amount Payable $ 104,886.00 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ® Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ❑ Exhibit D -2 Payment - Cost Plus ® Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ❑ Exhibit E -1 Fee - Lump/Fixed/Unit ® Exhibit E -2 Fee - Specific Rates ❑ Exhibit F Overhead Cost ❑ Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee TI-HS AGREEMENT, made and entered into this ❑ Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ® Exhibit M -3 Lobbying Certification ® Exhibit M -4 Pricing Data Certification ® App. 31.910 Supplemental Signature Page between the Local Agency of City of Tukwila day of September , 2013 , and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 , Washington, hereinafter called the "AGENCY" , 175 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 176 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 177 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 178 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 179 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 180 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 181 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Consultant David Evans and Associates, Inc. DOT Form 140 -089 EF Revised 3/2008 182 Agency City of Tukwila Page 8 of 8 EXHIBIT A -1 SCOPE OF WORK CITY OF TUKWILA Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project Prepared by: David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 September 17, 2013 183 TABLE OF CONTENTS SECTION 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1 1.01 Project Description 1 1.02 Design Criteria 1 1.03 Project Deliverables Furnished by the CONSULTANT 1 1.04 Responsibilities and Services Provided by the CLIENT 1 1.05 Project Assumptions 2 SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2 2.01 Project Management 2 2.02 SUBCONSULTANT Coordination 2 2.03 Monthly Invoices /Progress Reports 2 2.04 Project Kick -off Meeting and Progress Meetings 2 2.05 Quality Assurance /Quality Control Review 3 2.06 Change Management 3 SECTION 3.00 SURVEY 3 3.01 Field Review 3 3.02 Base Map 3 3.03 Topographic Survey 4 SECTION 4.00 ENVIRONMENTAL DOCUMENTATION 4 4.01 NEPA 4 4.02 SEPA 5 SECTION 5.00 DESIGN 5 5.01 Project Site Visits (4 Total) 5 5.02 Design Alternatives 5 5.03 Storm Drainage 5 5.04 Preliminary and Final Design (60% and 95% Completion) 5 5.05 Prepare Ad Ready Documents 6 5.06 Assistance During Bid Period 6 S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope_2013- 0917.docx City of Tukwila i Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 17, 2013 184 SECTION 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1.01 Project Description The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc. (CONSULTANT) for preparation of Plans, Specifications, and Estimate (PS &E) documents for the construction of bike facilities on East Marginal Way S from SR 599 to Boeing Access Road and on Airport Way from Boeing Access Road to the city limits. The proposed bike facility may include bike lanes, shared use path, and sharrow lanes. This project includes alternatives evaluation and PS &E development. The major features of the project include: • Survey and base mapping. • Alternatives evaluation. • Design of bike facilities and drainage. • Critical areas and permit support. • Preliminary and final submittals of contract documents. 1.02 Design Criteria The design and PS &E will be based on the requirements of the City of Tukwila Infrastructure Design and Construction Standards. Project specifications shall be based on the 2014 WSDOT Standard Specifications and the City of Tukwila's General Special Provisions. 1.03 Project Deliverables Furnished by the CONSULTANT The CONSULTANT shall maintain a project file for pertinent work items. The CLIENT review sets will be returned with each subsequent revision, illustrating that each review comment has been addressed as stated or how /why it was not addressed. The CONSULTANT shall deliver the following documents and products to the CLIENT as part of this agreement: • 3 copies each of the draft and final ECS form • 3 copies each of the draft and final SEPA checklist • 1 hard and electronic copy of Design Alternatives (roll plot) • 6 copies of the 60% PS &E (11 "x17" at 1 " =40' scale) for review by the CLIENT • 6 copies of 95% PS &E (11 "x17" at 1 " =40' scale) for review by the CLIENT • 1 electronic copy of the PS &E bid set • 1 unbound copy of the final set of specifications • 1 copy of the stamped and signed final plan set • Provide electronic bid documents to Builders Exchange • Prepare required addenda to contract documents 1.04 Responsibilities and Services Provided by the CLIENT The CLIENT will: • Provide all available existing as -built plans, right -of -way (ROW) plans, horizontal and vertical monument information, G.I.S. maps, and other mapping information as available to the CONSULTANT. • Provide all City standard specifications and City bid forms in Microsoft Word format. S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope2013- 0917.docx City of Tukwila 1 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 17, 2013 185 • Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them to the CONSULTANT with consolidated written comments regarding changes or revisions needed. • Provide an electronic copy of the aerial photograph to reference into CAD drawings. 1.05 Project Assumptions • All drawings will be prepared in AutoCAD 2012 format, utilizing the CONSULTANT's CADD standards, and drawn at one inch equals forty feet for 11" x 17" plans. Only 11 "x17" plans will be developed for this Scope of Work. • Specifications will follow WSDOT /APWA Standard Specifications 2014 and the City of Tukwila's General Special Provisions. • The project duration is assumed to be six (6) months. SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2.01 Project Management Direction of the CONSULTANT staff and review of their work over the course of the project shall be provided. This work element includes preparing monthly progress reports that include the status of individual work elements, number of meetings attended, outstanding information required, and work items planned for the following month. Monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions may include formal requests for increases, modifications, or reductions in scope and /or budget. The CONSULTANT will use an earned value spreadsheet to monitor and track project expenditures by task. The earned value spreadsheet shall be submitted with each invoice and progress report. Drawings and documents received and generated over the course of the project require review, coordination, and file management. The status of requested information will also be maintained. 2.02 SUBCONSULTANT Coordination Direction of the SUBCONSULTANT and review of their work over the course of the project shall be provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's design budget will occur over the course of the project. Current status, as well as projections, will be developed. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions could include formal requests for increases, modifications, or reductions in scope and /or budget. 2.03 Monthly Invoices /Progress Reports Monthly invoices will be prepared by the CONSULTANT per CLIENT requirements for work activities for the prior month. These invoices shall also include SUBCONSULTANT work and will be accompanied by monthly progress reports. Invoices will include back -up material for all expenses and will show approved budget and amount expended to date. Deliverables: Monthly Invoices and Progress Reports (6 total). 2.04 Project Kick -off Meeting and Progress Meetings After receiving notice to proceed from the CLIENT, the CONSULTANT will conduct a project team kick -off meeting with staff expected to be involved in the project and key CLIENT staff. The meeting will be used S :ITRANSIDEAX00301TukwilatStreet SmarttTukwila - Street Smart Non - motorized Scope 2013- 0917.docx City of Tukwila 2 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 17, 2013 186 to discuss key elements of the Scope of Work, the project schedule, document control, and QA /QC procedures; and to clearly define the roles and responsibilities of the project team members. This work element provides for the preparation, attendance, follow -up, and documentation of meetings during the length of the project. These meetings will be the forums for agencies to provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. The CONSULTANT shall prepare for, attend, and document up to six (6) meetings with CLIENT staff. Meetings will be required for coordination with the CLIENT and other affected agencies. The CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration of the project. The meetings will be held in a location acceptable to the CLIENT and the CONSULTANT. Deliverables: Meeting Minutes (7 total). 2.05 Quality Assurance /Quality Control Review This work element is for the QA /QC review of CONSULTANT deliverables by a designated QA /QC staff member of the CONSULTANT team. The review will cover documents, reports, PS &Es, and pertinent information on an on -going basis. The program entails the periodic review of study criteria, design, and assumptions, as well as concepts and presentation of product format, and assures that the overall project objectives are being fulfilled. 2.06 Change Management Project Managers from the CLIENT and the CONSULTANT are responsible for managing changes to the scope and schedule. The CLIENT is responsible for the authorization of any changes to the scope, budget, and /or schedule. Team members must ensure that work within their areas remains within the defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule, team members must communicate potential changes to the Project Manager as early as possible. Project Managers will determine whether the potential change issue will lead to a change in scope, cost, or schedule. The CONSULTANT shall obtain written authorization from the CLIENT before implementing any change to this Scope of Work, schedule, or budget. All changes shall be documented using the Project Change Form. SECTION 3.00 SURVEY The CLIENT will provide the CONSULTANT with all existing survey data for the project. It is assumed vertical information will not be required since any widening will match the existing roadway cross slope. 3.01 Field Review The CONSULTANT and project team will conduct a field review at the outset of the project to identify key field conditions that may impact the design including the location and /or presence of driveways and roadways, trees, mail boxes, on- street parking, ADA compliance, utilities (underground and overhead), potential intersection site distance and clear zone issues, and drainage issues. 3.02 Base Map The CONSULTANT will use the CLIENT - provided as -built as the base map for the design of this project. The CONSULTANT will overlay the as -built data on an aerial photograph provided by the CLIENT. S :ITR4NSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope 2013- 0917.docx City of Tukwila 3 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 17, 2013 187 3.03 Topographic Survey Topographic survey is not included in this Scope of Work. Once the design alternatives have been developed and field topographic survey is needed, the topographic survey will be negotiated as a supplement. SECTION 4.00 ENVIRONMENTAL DOCUMENTATION The CONSULTANT shall work with the CITY to execute a Categorical Exemption (CE) for the project to comply with the National Environmental Policy Act (NEPA). Details regarding the level of environmental documentation required for the project to be in compliance with NEPA and the State Environmental Policy Act (SEPA) are provided below. 4.01 NEPA The CONSULTANT shall conduct a site visit and prepare an Environmental Classification Summary (ECS) in pursuit of a NEPA CE. The ECS will require compliance with Section 106 of the National Historic Preservation Act (NHPA) and Section 7 of the Endangered Species Act (ESA). Prior to the preparation of any NEPA - related documentation, the CONSULTANT shall contact the WSDOT Highways and Local Programs (H &LP) office to confirm the proposed approach and submittal requirements. Section 7 ESA Compliance Due to the location of the project site within an urban built environment, it is anticipated that ESA compliance will not require consultation with NOAA and USFWS, and that Section 7 concurrence will be granted by WSDOT H &LP. Part 5 of the ECS shall be prepared by the CONSULTANT in support of a No Effect Determination. Section 106 Cultural Resources Compliance Section 106 compliance typically requires an archaeological / historic analysis of the site and adjacent land, and consultation with local tribes. However, due to the location of the project site in an urban built environment, it is anticipated that the project will qualify for a programmatic exemption from the Section 106 compliance process as listed in H &LP's ECS Guidebook (March 8, 2013), Appendix C, Exemption A -22 (Installation of bicycle and pedestrian lanes, paths, and related facilities within the demonstrated vertical and horizontal limits of previous construction or disturbance). The CONSULTANT shall request that H &LP seek a determination for the level of documentation required and contact the Washington State Department of Archaeology and Historic Preservation Office (DAHP) to confirm that the project site is not located within one - quarter mile of a known or recorded archaeological site. Documentation of the exemption shall be recorded in the ECS. In areas where ground disturbance will occur, it is assumed that as -built plans can be provided by the CLIENT as supporting documentation for the exemption. Should consultation with DAHP yield that the project does not meet the Section 106 exemption criteria, preparation of an Area of Potential Effects (APE) map and Cultural Resources Survey Report can be performed by the CONSULTANT and SUBCONSULTANT as an extra service. Environmental Classification Summary (ECS) The CONSULTANT shall prepare responses for each question identified in the 15- question ECS form, consistent with Chapter 24 of the LAG. Supporting data and information will be utilized from existing aerial photographs, site photographs, King County and City of Tukwila GIS data, and the City of Tukwila Comprehensive Plan. It is assumed that the project will meet the conditions of a Programmatic CE as outlined in the Memorandum of Understanding between WSDOT and the Federal Highway Administration (FHWA), and that FHWA signature on the ECS will not be required. S :ITRANSIDEAX00301TukwilalStreet Smart\Tukwila - Street Smart Non - motorized Scope_2013- 0917.docx City of Tukwila 4 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 17, 2013 188 Deliverables: Draft ECS form and attachments for CLIENT review. Draft ECS form and attachments for H &LP review. Final ECS form and attachments for signature by the CLIENT and H &LP. Assumptions: • The project will meet the conditions of a Programmatic CE. • Section 7 concurrence will be granted by WSDOT H &LP and preparation of a Biological Assessment and formal consultation will not be required. • The project will meet the requirements of a Section 106 exemption, and preparation of an APE and cultural resources survey will not be required. 4.02 SEPA Following H &LP approval of the CE, the CONSULTANT shall review the preliminary design and determine whether the project may qualify for an exemption from SEPA per WAC 197 -11 -800. For purposes of scoping, it is assumed that the project will not be exempt, and the CONSULTANT shall prepare a SEPA checklist in pursuit of a Determination of Non - Significance (DNS). The checklist will include a discussion of potential impacts to all 16 elements identified in the City's SEPA Checklist. The SEPA Checklist will also be accompanied by a completed ESA Screening Checklist. Deliverables: Draft SEPA Checklist and ESA Screening Checklist for CLIENT review. Final SEPA Checklist and ESA Screening Checklist for CLIENT review. Assumptions: • The CLIENT will provide all required public notice materials. SECTION 5.00 DESIGN 5.01 Project Site Visits (4 Total) The CONSULTANT shall conduct up to four (4) site visits during the project to resolve design issues. CLIENT staff shall be present at the site visits, if requested. 5.02 Design Alternatives The CONSULTANT shall develop up to two design alternatives for bicycle facilities. The CONSULTANT will determine the appropriate locations for bike lanes, shared use paths, and sharrows. The alternatives will be shown on a roll plot with an aerial photograph background. Deliverables: Roll Plot of Design Alternatives (hard copy and electronic pdf file). 5.03 Storm Drainage The total amount of new impervious area is assumed to be less than 5,000 square feet; therefore no stormwater detention or water quality treatment will be required. If stormwater detention or water quality is required, it will be considered as extra services. Deliverables: None. 5.04 Preliminary and Final Design (60% and 95% Completion) The CONSULTANT shall bring the design to a 100% completion level with an intermediate milestone at the 60% and 95% completions, and shall participate in a review coordination meeting to respond to CLIENT staff questions and comments at each of the two stages. Review comments will be responded to and incorporated as directed by the CLIENT Project Manager. The preliminary and final design will S :ITRANSIDEAX00301TukwilalStreet SmarttTukwila - Street Smart Non - motorized Scope 2013- 0917.docx City of Tukwila 5 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 17, 2013 189 include the following elements, at a minimum, prepared by the CONSULTANT for both the 60% and 95% submittals: • Cover sheet including a vicinity map. • Legend and abbreviations. • Roadway sections (typical and special). • Roadway /Channelization /Signing plans. • Roadway details. • Temporary erosion control plans (TESC). • Contract documents and specifications (specials only). • Cost estimate. Deliverables: Six (6) hard copies of the 60% and 95% PS &Es (11 "x17 "). 5M5 Prepare Ad Ready Documents The CONSULTANT shall prepare the following in accordance with the CLIENT's review comments from the 95% final design and coordination meeting, and in accordance with regulatory agency permit conditions: • Modifications and /or revisions in response to CLIENT review comments from the 95% design and coordination meeting. • Final design of project elements. • Special provisions and listing of CLIENT standard specifications, with fill -ins, to be incorporated in the construction contract documents. • Preparation of a final (100% completion) list of bid items, quantities, and a construction cost estimate for a set of signed and reproducible construction contract documents. The CONSULTANT will assemble all plan sheets, general and special provisions, cost estimates, and associated documentation for submittal as an Ad Ready PS &E package. Deliverables: Electronic submittal of Ad Ready PS &E to Builders Exchange. One (1) unbound set of contract specifications. One (1) set of signed and stamped 11 "x17" plan sheets. 5.06 Assistance During Bid Period The CONSULTANT shall provide assistance during the bid and award of the construction contract. The following tasks will be provided by the CONSULTANT on an as- needed basis: • If requested, the CONSULTANT shall attend a pre- construction meeting with the construction contractor to assist the CLIENT in responding to questions and inquires. • If requested, the CONSULTANT shall assist the CLIENT during the bid period to answer any questions that arise concerning the PS &E documents, and will assist the CLIENT in preparing any addenda required. Deliverables: Attend and participate in the pre- construction meeting. Prepare response to bidder questions and bid document addenda. S :ITR4NSIDEAX00301TukwilalStreet Smart1Tukwila - Street Smart Non - motorized Scope_2013- 0917.docx City of Tukwila 6 Scope of Services Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project September 17, 2013 190 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140 -089 EF Exhibit C Revised 6/05 191 192 Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non - Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Costs." b. The billing for Direct Non - Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140 -089 EF Exhibit D -3 Revised 3/09 193 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non - salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 194 Exhibit E-2 CITY OF TUKWILA TUKWILA MANUFACTURING INDUSTRIAL CENTER "STREET SMART" NON-MOTORIZED PROJECT Cost Estimate David Evans and Associates, Inc. Classification 1 Project Manager (PMGR) 2 QA/QC Manager (MGPE) 3 Professional Engineer (PFEN) 4 Sr. CADD Technician (SCAD) 5 Environmental Planner (ENVP) 6 Sr. Scientist (SSCI) 7 Administrative Assistant (ADMA) 8 Project Administrator (PADM) Hrs. x Rate = Cost 118 8 183.52 $ 21,655 22 8 183.52 $ 4,037 412 $ 133.47 $ 54,989 107 8 107.69 $ 11,522 56 $ 109.20 $ 6,115 6 $ 121.64 $ 730 49 $ 84.94 $ 4,162 10 $ 97.98 $ 980 Total Hrs. 780 Salary Cost Direct Expenses No. Unit Each Cost Reproduction Costs Plans 20 sets @ $10 /set $ 200 Mail/Deliveries/Fed Ex 8 $30 est. $ 240 Mileage 450 miles @ 80.565 /mile $ 254 Subtotal DEA Subtotal otai ont Page 1 of 3 SATRANS \DEAX0030 \Tukwila \Street Smart \Tukwila - Street Smart Non-motorized_Budget_2013-0917.xlsx 104,192 694 $ 104,886 Printed: 9/17/2013, 11:44 AM 195 S: \TRANS \DEA00030\TUkwila \Street Smart \Tukwila - Street Smart Non- motorized_Budget_2013 -0917 xlsx 196 Page 2 of 3 Printed: 9/17/2013, 11:44 AM Exhibit CITY OF 'TU W'WILA MANUFACTURING 'TURII "STREET a AR NON-MOTORIZED Hour Estimate Er2 `LUKWILA INDUSTRIAL. IAL. ! °IT ' PROJL T 1 2 3 4 s s 7 8 David Evans and Associates, Inc. stern No Work Itertt n_ " 36 G L1J w r ta Sr GADD Technician (SCALD) r ) C 4 E 0' O DEA DEA • ;,,' , ` Total ! hrs .,` T1�ta l twa r, Tofai, twa Total hrs , Tatat " tus „Total ' =;hrs , Total �, Total hrs " < hrs otal tlrs „' Tot l ", $= 60 18 6 5 4 93 8 28 36 45 35 80 12 40 3 2 : 21 81 `. 29 18 30 10 :15 2.00 Project Management and Quality Control 2.01 Project Management (2 hrs /week for 6 months) 50 10 $10.025 2.02 Monthly Invoices /Progress Reports (6 Total) 6 2 10 $2.251 2.03 Project Kick -off Meeting and Progress Meetings 3 2 1 $f)62 2.04 Quality Control /Quality Assurance Review 1 2 2 5720 2.05 Change Management 4 5734 erd' -' , , „2 „' . la ' „; 40 ,, 41 rk 112nn 41 3. T Oat 3.00 Survey 3.01 Field Review 4 4 51,268 3.02 Base Map 4 24 53.937 3.03 Topographic Survey ' )? t44rn ?,f50'I'otal ' 8 T ', 5,20 4.00 Environmental Documentation 4.01 NEPA 1 1 3 32 4 4 55, 3 4.02 SEPA 1 1 3 24 2 4 53.571 ev y. 5ai ri+ ; ; ifyi 17,00 d dor9 36. 1 Ay 00 iiii, ot t 5.00 Design 5.01 Project Site Visits (4 Total) 4 $1,602 5.02 Design Altematives 8 8 55,533 5.03 Storm Drainage 5.04 Preliminary and Final Design (60% and 95% Completion) '... 5.04.1 Preliminary Design (6015/ Completion) 5.04.1.1 Corer Sheet (l sheet) 1 2 5339 5.04.1.2 Legend and Abbreviations ('t sheet) 1 2 16 4 $215 5,04.1.3 Roadway Typical Sections (1 sheet) $2,750 04.1.4 Roadway /Channelization7Stgning Plans (7 sheets) 1 50 30 $10,088 5.04. "'%.5 Roadway Details (1 sheet) 1 24 4 63,A'i8 5.04.1,8 TESL Plans (7 sheets) 1 1 12 4 $2,399 5.04 "17 Contract SpecRicabols (Specials Only) Construction Cost Estimate 4 2 20 1 Ell 8 1 4 © 4 ;'4,110 5.04,1.8 $1,435 (D4.I3 Deliverable Assembly 4 4 $ "1955 5 Preliminary Design (95% C;ompletionj ; . )4.2.1 Cover Skeet (1 sheet) ■ 2 2 2 2 : 21 61 29 18 ' 50 10 15 $215 042.2 L Pryenat and Abbreviations (1 sheet) $Z15 5 04.2,3 (Roadway Typical Sections (1 sheet) 1 4 y�, r5C1 0.4.2,4 Road ivay /C h1nncll atio . /Signing Plans (7 sheets) 1 40 20 $7.076" 42.5 Roadway Details (1 sheet) 1 24 4 59,6'tB 04 .2.5 T .7, Ph .rs t i sheets) 1 12 4 $2.39 5.04.2.; Contract Specifications 2 2 40 6 $'6,582 5 J42.8 Construction Cost Estirrvate 1 1 8 $1435 5 "00.2 9 [Deliverable Assembly 1 4 4 2 4 $2,007 5.05 Prepare Ad Ready Documents 20 ' 18 5.05.'I Incorporate 9.51/5 Comments 4 16 82,870 5,05,2 Final Plans 1 12 5 '.. 52.324 a. 05.3 Final Specifications 1 1 30 6 ,: 38 ... 5 t 3 54,B8I 5.05.4 Final Construction Estimate 1 4 51'1'7 5.05.5 Upload Ad- Ready Docur*;ents 10 B gilder Exchange websfPe 1 2 $353 S: \TRANS \DEA00030\TUkwila \Street Smart \Tukwila - Street Smart Non- motorized_Budget_2013 -0917 xlsx 196 Page 2 of 3 Printed: 9/17/2013, 11:44 AM Exhibit E -2 CITY OF TUKWILA TUKWILA MANUFACTURING INDUSTRIAL CENTER "STREET SMART" NON - MOTORIZED PROJECT Hour Estimate David Evans and Associates, Inc. 2 3 4 6 7 6 Item No. Work Item DEA 5.06 Assistance During Bid Period 5.05.1 Prepare Addenda 5.06.2 Respond to Bidder Questions 5.063 Attend Pre - Construction Meeting EXPENSES $849 2849 5846 i4 $694 TOTAL CONTRACT AMOUNT 118 ' 22 412 107 56 6 49 10 780 04, 6 Page 3 of 3 S \TRANS \DEAX0030 \Tukwila \Street Sr art\Tukveiia - Street Smart Non- motorized_6udget_ 2013- 0917.xisx Printed: 9/17/2013, 11:44 AM 197 198 Oregon Department of Transportation Audit Services IMF= J� Central Services Division — MS 52, 355 Capitol Street NE,Salem, OR 97301 Telephone: 503 -986 -3213 September 16, 2013 The Board of Directors and Stockholders David Evans and Associates, Inc (DEA) RE: David Evans and Associates, Inc, Schedule of Indirect Cost Rate Fiscal Year Ended November 3, 2012 We have performed a cognizant review of documentation and the working papers of your independent CPA firm, Grant Thornton (GT), of their audit of the Schedule of Indirect Cost Rate for David Evans and Associate's (DEA) Fiscal Year Ended November 3, 2012 in accordance with our role as Cognizant Agency as defined in 23 U.S.C. 112(b)(2)(c) and 23 CFR 172.3 and 172.7. Our cognizant review was performed in accordance with the AASHTO Review Program for CPA Audits of Consulting Engineers' Indirect Cost Rates. We were provided with a copy of GT's audit report dated May 10, 2013, copies of their working papers and additional documentation from DEA. Based on our review, we accepted the audited Schedule of Indirect Cost Rate and this letter of concurrence establishes DEA's Schedule of Indirect Cost Rate for the fiscal year ended November 3, 2012 at 176.11% of direct labor and a Facilities Capital Cost of Money factor of 0.446% of direct labor. In this fiscal year, DEA proposed a field rate of 53.02 %. Our review concluded this was a contract specific rate and was not to be used by any state departments of transportation. A copy of this letter will be forwarded to the appropriate ODOT contracting offices. If you or any representative of DEA has any questions, please contact me at (503) 986 -3213 or Ruth Wu at (503) 986-4003. Margaret Cole, CPA External Audit Manager Oregon Department of Transportation cc: Ron Gasper, Chief Financial Officer, David Evans and Associates, Inc. Tony Parke, Partner, Grant Thornton 199 200 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non- discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and /or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 201 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 202 Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit 1 Revised 6/05 203 204 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • DOT Form 140 -089 EF Exhibit J Revised 6/05 It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region 205 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 206 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140 -089 EF Exhibit K Revised 6/05 207 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 208 Exhibit M -1(a) Certification Of Consultant I hereby certify that I am Manuel Feliberti, P.E. representative of the firm of David Evans and Associates, Inc. 415 - 118th Avenue SE, Bellevue, Washington 98005 firm I here represent has: Project No. Local Agency City of Tukwila and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 209 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 210 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): David Evans and Associates, Inc. (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 211 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): David Evans and Associates, Inc. (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 212 Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project * contracting officers representative in support of are accurate, complete, and current as of * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm David Evans and Associates, Inc. Name Manuel Feliberti, P.E. Title Project Manager Date of Execution*** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140 -089 EF Exhibit M-4 Revised 6/05 213 Supplemental Signature Page for Standard Consultant Agreement Consultant/Address /Telephone David Evans and Associates, Inc. 415 - 118th Avenue SE Bellevue, WA 98005 (425) 519 -6500 Agreement Number Project Title And Work Description Tukwila Manufacturing Industrial Center "Street Smart" Non - Motorized Project: Work elements include survey and base mapping, alternatives evaluation, design of bike facilities and drainage, critical areas and permit support, and preliminary and final submittals of PS &E contract documents. Federal Aid Number Local Agency City of Tukwila THIS AGREEMENT, made and entered into this day of September , 2013 , between the Local Agency of City of Tukwila , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the "CONSULTANT ". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT By Consultant David Evans and Associates, Inc. LOCAL AGENCY By Agency City of Tukwila Consultant David Evans and Associates, Inc. Agency By Agency DOT Form 140 -089 EF Appendix 31.910 Revised 6/05 214 By Agency TRANSPORTATION COMMITTEE - Meeting Minutes September 24, 2013 — 5:15 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffie, Dennis Robertson Staff: Bob Giberson, Robin Tischmak, Gail Labanara, Cyndy Knighton, Dave Sorensen, Grant Griffin, Pat Brodin, Frank Iriarte, Mike Ronda, Peter Lau, Peggy McCarthy, Kimberly Matej, Laurel Humphrey Guest: Chuck Parrish CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:15 p.m. . PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Boeing Access Road over BNRR Bridge Rehabilitation: Consultant Selection and Agreement Staff is seeking Council approval to enter into a contract with Jacobs Engineering Group, Inc. in the amount of $1,017,772.00 to provide design services for the Boeing Access Road over BNRR Bridge Rehabilitation project. Jacobs Engineering Group, Inc. was selected from a pool of six engineering films to submit Statements of Qualifications to the City for this project. This project will serve to rehabilitate the existing Boeing Access Road bridge, extend its service life, and improve its safety. The project is supported by a grant of Federal Local Bridge Program funds, with the City match funds resulting from a bond issue. Councilmembers will be given detailed information about the bond issues at a later date. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. B. Thorndyke Safe Routes to School: Consultant Selection and Agreement Staff is seeking Council approval to enter into a contract with KPG, Inc. in the amount of $74,947.81 to provide design services for the Thorndyke Safe Routes to School project. Four firms from the MRSC roster were evaluated, and KPG, Inc was selected due to its experience, knowledge, and prior work for the City. This project will provide for roadway and sidewalk improvements on the north side of S. 150`h Street between Tukwila International Boulevard and 42 °d Avenue South, as well as a new crosswalk on South 150th Street in front of Thorndyke Elementary School. It is expected that this project will conclude before the start of the 2014 -15 school year. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. C. Tukwila MIC Smart Street Non - Motorized Project: Consultant Selection and Agreement Staff is seeking Council approval of a consultant agreement with David Evans & Associates, Inc (DEA, Inc.) in the amount of $104,838 for design engineering services for the Tukwila Manufacturing /Industrial Center (MIC) Smart Street Non - Motorized project. Five firms were evaluated and DEA, Inc. was selected due to its qualifications and prior work for the city. Funding for this contract is provided by a Federal CMAQ grant. This project will design and construct bicycle facilities, a shared use path, and shared bicycle /vehicle lanes along portions of East Marginal Way South, South Boeing Access Road, and Airport Way South. The result of a grant application to PSRC in the amount of $500,000 for constructionof this project will be known and communicated soon. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 7 REGULAR CONSENT AGENDA. 215 216 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma ) r's review Council review 09/23/13 BM 1 Motion Mtg Date 10/07/13 BM Public Hearing — Other Mtg Date Mtg Date 10/7/13 Mg Date 9/23/13 SPONSOR . fl Council E Mayor P HR ■ DCD Finance E Fire IT _7 P&R _ Police PW SPONSOR'S THE PROPOSED ORDINANCE WILL INCREASE THE ALLOWABLE AREA FOR WALL SIGNS IN SUMMARY THE MANUFACTURING INDUSTRIAL CENTER/HEAVY (MIC/H) ZONE FROM THE CURRENT LIMIT OF 150 SQUARE FEET TO 1500 SQUARE FEET. ADDITIONALLY, BUSINESSES IN THE MIC/H ZONE WILL HAVE FLEXIBILITY REGARDING THE PLACEMENT OF THE WALL SIGN IN RELATION TO THE BUILDING'S ENTRANCE. REVIEWED BY COW Mtg. El CA&P Cmte F&S Cmte E Transportation Cmte Utilities Cmte Arts Comm. _ Parks Comm. E Planning Comm. DATE: 8/26/13 & 9/23/13 COMMITTEE CHAIR: EKBERG RECOMMENDATIONS: SPoNsoR/ADmIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole. ITEM INFORMATION ITEM No. 5.A. 217 STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 9/23/13 AGENDA ITEM TITLE Increase in the allowable area for wall signs in the Manufacturing/Industrial/Heavy (MIC/H) zone. CATEGORY Discussion Mtg Date 9/23/13 1 Motion Mtg Date r Resolution Mtg Date Ordinance 11111 Bid Award Mtg Date Public Hearing — Other Mtg Date Mtg Date 10/7/13 Mg Date 9/23/13 SPONSOR . fl Council E Mayor P HR ■ DCD Finance E Fire IT _7 P&R _ Police PW SPONSOR'S THE PROPOSED ORDINANCE WILL INCREASE THE ALLOWABLE AREA FOR WALL SIGNS IN SUMMARY THE MANUFACTURING INDUSTRIAL CENTER/HEAVY (MIC/H) ZONE FROM THE CURRENT LIMIT OF 150 SQUARE FEET TO 1500 SQUARE FEET. ADDITIONALLY, BUSINESSES IN THE MIC/H ZONE WILL HAVE FLEXIBILITY REGARDING THE PLACEMENT OF THE WALL SIGN IN RELATION TO THE BUILDING'S ENTRANCE. REVIEWED BY COW Mtg. El CA&P Cmte F&S Cmte E Transportation Cmte Utilities Cmte Arts Comm. _ Parks Comm. E Planning Comm. DATE: 8/26/13 & 9/23/13 COMMITTEE CHAIR: EKBERG RECOMMENDATIONS: SPoNsoR/ADmIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 09/23/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 9/4/13 Ordinance in draft form Informational Memorandum to Community Affairs and Parks, dated 8/21/13 Minutes from Community Affairs and Parks Committee meeting on 8/26/13 10/7/13 Ordinance in final form 217 218 ty 0 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2375 §8 AND 2303 §5, AS CODIFIED AT TMC SECTION 19.20.050.A, TO UPDATE THE ALLOWABLE SIGN AREA FOR FLUSH- MOUNTED WALL SIGNS WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER/HEAVY DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non-motorized forms of transportation; and WHEREAS, on August 16, 2010, the Tukwila City Council adopted a new, comprehensive Sign Code for the City of Tukwila, which is codified in Title 19 of the Tukwila Municipal Code; and WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to regularly update the City's regulations regarding signage in order to respond to the needs of Tukwila businesses and to address the ongoing changes in the urban landscape of the City; and WHEREAS, the purpose of the Manufacturing Industrial Center/Heavy District is to allow for heavy industry and bulk manufacturing, hence the need for massive buildings with large wall areas; and these types of businesses are not likely to have public entrances similar to commercial businesses located in the Southcenter area; and WHEREAS, the City has received a request to modify the regulations for flush- mounted wall signs within the Manufacturing Industrial Center/Heavy District; and WHEREAS, on September 23, 2013, the Tukwila City Council held a public hearing on the proposed ordinance; W: Word Processing \Ordinances\Sign Code revision in MIC-H District 10-1-13 BM:bjs Page 1 of 3 219 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 19.20.050, Subparagraph A, Amended. Ordinance Nos. 2375 §8 and 2303 §5, as codified at TMC Section 19.20.050, "Permanent Building- Mounted Signs in Commercial/Industrial Zones," subparagraph A, are hereby amended to read as follows: A. Flush-Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush-mounted building sign per exterior public entrance. In the MIC/H zone no more than one flush mounted wall sign shall be permitted per cardinal direction; regardless of the location of public entrances. 2. Buildings where multiple tenants share a common entrance may have one flush-mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building-mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 — Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet Permitted Sign Area 0 - 500 EBF x .05 or 20 square feet 501 - 1,500 (EBF-500) x .04 + 25 square feet 1,501 - 3,000 (EBF-1,500) x .03 + 65 square feet 3,001 - 5,000 (EBF-3,000) x .02 + 110 square feet Over 5,000 (except for buildings within the MIC/H District) 150 square feet maximum size permitted The additional sign allowances below shall only apply to buildings located on properties within the MIC/H District. 5,001 - 20,000 (EBF-5,000) x .015 + 150 square feet 20,001 - 50,000 (EBF-20,000) x .015 + 375 square feet 50,001 - 80,000 (EBF-50,000) x .015 + 825 square feet 80,001 - 100,000 (EBF-80,000) x .01 1,275 square feet Over 100,000 1,500 square feet maximum size permitted W: Word Processing \Ordinances \Sign Code revision in MIC-H District 10-1-13 BM:bjs 220 Page 2 of 3 (1) Any flush-mounted (wall) sign affixed to a building certified as LEED by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush-mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed five square feet; illumination of the sign is permitted. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Sign Code revision in MIC-H District 10-1-13 BM:bjs Page 3 of 3 221 222 COUNCIL AGENDA SYNOPSIS MeefinsDate Prepared by Ma or's review Council review 09/23/13 CO 1 Mtg H- 10/07/13 CO — Bid Award Mtg Date Public Hearing Mtg Date — Other Mtg Date CATEGORY F9 Discussion Mtg Date SPONSOR Council — Al ayor DCD Li Finance Fire Li IT 13 &R Police PIP' g City Ally SPONSOR'S RCW 10.101.030 requires all cities that provide public defenses services to establish public SUMMARY defense standards. The statute outlines a number of requirements for these standards. In addition, the statute states that the public defense standards endorsed by the Washington State Bar Association should serve as a guideline to local legislative authorities in adopting standards. The City has not yet adopted public defense standards. Council is being requested to approve the attached ordinance to meet the requirements. REVIEWED BY COW Mtg. 111 CA&P Cmte Z F&S Cmte — Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. ____ Planning Comm. DATE: 09/17/13 COMMITTEE CHAIR: ROBERTSON ITEM INFORMATION ITEM No. 5.B. CAS NUMBER: STAFF SPONSOR: RACHEL TURPIN ORIGINAL AGENDA DATE,: 09/23/13 AGENDA ITEM TITLE An ordinance establishing public defense standards and TMC 2.70 "Public Defense" 09/23/13 1 Mtg Motion Date T1 Resolution Mtg Date Z Ordinance Mtg Date 10/07/13 — Bid Award Mtg Date Public Hearing Mtg Date — Other Mtg Date CATEGORY F9 Discussion Mtg Date SPONSOR Council — Al ayor DCD Li Finance Fire Li IT 13 &R Police PIP' g City Ally SPONSOR'S RCW 10.101.030 requires all cities that provide public defenses services to establish public SUMMARY defense standards. The statute outlines a number of requirements for these standards. In addition, the statute states that the public defense standards endorsed by the Washington State Bar Association should serve as a guideline to local legislative authorities in adopting standards. The City has not yet adopted public defense standards. Council is being requested to approve the attached ordinance to meet the requirements. REVIEWED BY COW Mtg. 111 CA&P Cmte Z F&S Cmte — Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. ____ Planning Comm. DATE: 09/17/13 COMMITTEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE City Attorney's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/23/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 09/10/13 Draft Ordinance Minutes from the Finance and Safety Committee meeting of 09/17/13 10/7/13 Ordinance in final form 223 224 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1472, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 2.68.430, 2.68.440 AND 2.68.450, REGARDING PUBLIC DEFENSE SERVICES; ESTABLISHING TUKWILA MUNICIPAL CODE CHAPTER 2.70, "PUBLIC DEFENSE," TO INCLUDE PUBLIC DEFENSE STANDARDS FOR INDIGENT SERVICES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila prosecutes misdemeanor offenses that are committed by adults within the Tukwila city limits, and the misdemeanor offenses are filed into the Tukwila Municipal Court; and WHEREAS, pursuant to the 6th Amendment of the United States Constitution, and Article I, Section 22 of the Washington State Constitution, persons charged with misdemeanors who are deemed indigent are entitled to the effective assistance of counsel at the public expense; and WHEREAS, provisions regarding public defense services are currently codified under Tukwila Municipal Code (TMC) Chapter 2.68, "Municipal Court "; and WHEREAS, the City's public defense services are administrated by the City's executive branch, not the judicial branch, and provisions regarding public defense services should be removed from TMC Chapter 2.68, "Municipal Court"; and WHEREAS, Chapter 10.101 RCW establishes a process for determining indigency, and requires that municipalities adopt standards for the delivery of criminal defense services to the indigent; and WHEREAS, the Washington State Bar Association and Washington State Supreme Court have established guidelines for standards for indigent defense; and WHEREAS, the City currently contracts with several local law firms for the provision of indigent defense services; and W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs Page 1 of 8 225 WHEREAS, the firms that the City currently contracts with dedicate a vast majority of their practices to the defense of indigent misdemeanant defendants, and a majority of each firm's attorneys have extensive experience representing misdemeanant defendants from arraignment through appeal; and WHEREAS, the City prides itself on providing all indigent defendants with the highest quality public defense available at a reasonable cost to the public and wishes to adopt the following standards for the delivery of public defense services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Chapter 2.70, "Public Defense," is hereby established to read as follows: Sections: 2.70.010 2.70.020 2.70.030 2.70.040 2.70.050 CHAPTER 2.70 PUBLIC DEFENSE Purpose and Intent Definitions Public Defender Appointment Public Defender — Statement for Services Public Defense Standards Section 2. TMC Section 2.70.010 is hereby established to read as follows: 2.70.010 Purpose and Intent The purpose of this chapter is ensure that indigent criminal defendants receive high - quality legal representation through a public defense system that efficiently and effectively protects the constitutional requirement of effective assistance of counsel. Section 3. TMC Section 2.70.020 is hereby established to read as follows: 2.70.020 Definitions As used in this chapter, the following terms shall have the meanings set forth in this section: 1. "Attorney." The term "attorney" shall mean an attorney under contract with the City of Tukwila for the provision of indigent defense services, and shall also mean the law firm for which the attorney works. Therefore, these standards shall also apply to law firms who are under contract with the City for the provision of indigent defense services. 2. "Defendant." The term "defendant" shall mean a person who has been charged with a misdemeanor offense in the Tukwila Municipal Court, and who is represented by an attorney as the term "attorney" is defined in TMC Section 2.70.020. W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs 226 Page 2of8 Section 4. TMC Section 2.70.030 is hereby established to read as follows: 2.70.030 Public Defender Appointment The judge of the Municipal Court of the City is authorized to appoint, on a case -to -case basis as may be required, an attorney licensed to practice before the courts of the State of Washington to act as public defender in representing indigent persons charged with offenses tryable in the Municipal Court and cases appealed therefrom. Section 5. TMC Section 2.70.040 is hereby established to read as follows: 2.70.040 Public Defender — Statement for Services The attorney appointed to act as public defender shall present his statement for services to the City, and the same shall be paid in the same manner as the other obligations of the City. Section 6. TMC Section 2.70.050 is hereby established to read as follows: 2.70.050 Public Defense Standards The following Public Defense Standards are hereby adopted: Standard 1: Compensation. The charges submitted by the public defender and approved by the City Council shall be paid from the current fund. The City's contracts for public defense services should provide for compensation at a rate commensurate with the attorney's training and experience. To attract and retain qualified personnel, compensation and benefit levels should be comparable to those of attorneys and staff in prosecutorial offices in the South King County region. Assigned counsel should be compensated for out -of- pocket expenses. Contracts shall provide for additional compensation for jury trials and appeals. Attorneys who have a conflict of interest shall not have to compensate the new, substituted attorney out of their own funds. Standard 2: Duties and Responsibilities of Counsel. Attorneys shall provide services in a professional and skilled manner consistent with the minimum standards of the Washington State Bar Association, Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the United States and the State of Washington, and the court rules that define the duties of counsel and the rights of defendants. At all times during the representation of a defendant, the attorney's primary responsibility shall be to protect the interests of the defendant. Standard 3: Caseload Limits, Types of Cases, and Limitations on Private Practice. Attorneys shall maintain a caseload such that he or she can provide each and every defendant effective assistance of counsel as guaranteed by these standards. The attorney shall be mindful of the number of open cases for which he or she is counsel of record, the type or complexity of those cases and any W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs Page 3of8 227 prospective cases, his or her experience, the manner in which the jurisdiction processes cases, and any private practice in which he or she is engaged. When contracting with an attorney, the City may, if appropriate, limit the number of cases an attorney may handle. Such limitation may be based upon the experience of the attorney, the training the attorney has received, the complexity of the cases being assigned the attorney, defense services the attorney may provide to other municipalities, the scope and extent of the attorney's private practice, justified complaints that may have been made against the attorney, and any other relevant factors. On or before January 1, 2015, the City shall develop and implement a case weighting system as required by Washington State Supreme Court Order No. 25700 -A -1023. Standard 4: Responsibility for Expert Witness Services. The City's contracts for public defense services should provide reasonable compensation for expert witnesses when necessary. Expert witness fees should be maintained and allocated from funds separate from those provided for defender services. Requests for expert witness fees should be made through an ex parte motion. The defense should be free to retain the expert of its choosing and in no cases should be forced to select experts from a list pre- approved by either the court or the prosecution. Standard 5: Administrative Expenses and Support Services. The City's contracts for public defense services should provide for or include administrative costs associated with providing legal representation. These costs should include but are not limited to travel, telephones, law library including electronic legal research, financial accounting, case management systems, computers and software, office space and supplies, training, meeting the reporting requirements imposed by these standards, and other costs necessarily incurred in the day -to -day management of the contract. Public defense attorneys shall have an office that accommodates confidential meetings with clients and receipt of mail, and adequate telephone services to ensure prompt response to client contact. Standard 6: Investigators. Public defense attorneys shall use investigation services as appropriate and shall employ investigators with investigation training and experience. A minimum of one investigator should be employed for every four attorneys. The City's contracts for public defense services shall provide reasonable compensation for investigation services when necessary. Standard 7: Support Services. Public defense attorneys shall have adequate access to support staff and services. At least one full -time legal assistant should be employed for every four attorneys. Fewer legal assistants may be necessary, however, if the agency or attorney has access to word processing staff or other additional staff performing clerical work. Public defenders should have a combination of technology and personnel that will meet their needs. Social work staff should be available to assist in developing release, treatment, and dispositional alternatives. Each agency or attorney should have access to mental health professionals to perform mental health evaluations. Investigation staff should be available as provided in Standard 6 at a ratio of one investigator for every W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs 228 Page 4 of 8 four attorneys. Each agency or attorney providing public defense services should have access to adequate and competent interpreters to facilitate communication with non - English speaking and hearing- impaired clients for attorneys, investigators, social workers, and administrative staff. Standard 8: Reports of Attorney Activity. Attorneys shall maintain a case reporting and case management information system, which includes number and type of cases, attorney hours and disposition. This information shall be provided to the City upon request and shall also be made available to the Office of the Administrator of the Courts. Any such system shall be maintained independently from client files so as to disclose no privileged information. A standardized voucher form should be used by those attorneys seeking payment upon completion of a case. For attorneys under contract, payment should be made monthly, or at times agreed to by the parties, without regard to the number of cases closed in the period. Standard 9: Training. The City's contracts for public defense services shall require that attorneys participate in regular training programs on criminal defense law, including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice. In offices of more than seven attorneys, an orientation and training program for new attorneys and legal interns should be held to inform them of office procedure and policy. All attorneys should be required to attend regular training programs on developments in criminal law, criminal procedure and the forensic sciences. Attorneys in civil commitment and dependency practices should attend training programs in these areas. Offices should also develop manuals to inform new attorneys of the rules and procedures of the courts within their jurisdiction. Every attorney providing counsel to indigent . accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and other media. Standard 10: Supervision. Each firm providing public defense services to the City should provide one full -time supervisor for every ten staff lawyers or one half- time supervisor for every five lawyers. Supervisors should be chosen from among those lawyers in the office qualified under these guidelines to try Class A felonies. Supervisors should serve on a rotating basis, and except when supervising fewer than ten lawyers, should not carry caseloads. Standard 11: Monitoring and Evaluation of Attorneys. Attorneys will establish a procedure for systematic monitoring and evaluation of attorney performance based upon publicized criteria. Supervision and evaluation efforts should include review of time and caseload records, review and inspection of transcripts, in -court observations, and periodic conferences. Performance evaluations made by a supervising attorney should be supplemented by comments from judges, prosecutors, other defense lawyers and clients. Attorneys should be evaluated on their skill and effectiveness as criminal lawyers or as dependency or civil commitment advocates. W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs Page 5 of 8 229 Standard 12: Substitution of Counsel and Assignment of Contracts. Attorneys should remain directly involved in the provision of representation and shall not sub - contract with another firm or attorney to provide representation without first obtaining the express written permission of the City. If the contract is with a firm or office, the City should request the names and experience levels of those attorneys who will actually be providing the services to ensure they meet minimum qualifications. The employment agreement shall address the procedures for continuing representation of clients upon the conclusion of the agreement. Alternate or conflict counsel shall be available for substitution in conflict situations at no cost to the counsel declaring the conflict. Standard 13: Limitation on Private Practice. Private attorneys who provide public defense representation shall set limits on the amount of privately retained work which can be accepted. These limits shall be based on the percentage of a full -time caseload which the public defense cases represent. Standard 14: Qualifications of Attorneys. Attorneys providing defense services shall meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and B. Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice area; and C. Be familiar with the Washington Rules of Professional Conduct; and D. Be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association; and E. Be familiar with the consequences of a conviction or adjudication, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; and F. Be familiar with mental health issues and be able to identify the need to obtain expert services; and G. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. H. Each attorney who is counsel alone for a case on appeal to the Superior Court from the Tukwila Municipal Court should have had significant training or experience in either criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an appellate judge, or assisting a more experienced attorney in preparing and arguing an RALJ (Rules for Appeal of Decisions of Courts of Limited Jurisdiction) appeal. W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs 230 Page 6 of 8 I. Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall: 1. Have filed a brief with the Washington Supreme Court or any Washington Court of Appeals in at least one criminal case within the past two years; or 2. Have equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level briefing or other comparable work. Standard 15: Disposition of Client Complaints. Attorneys shall have a method to respond promptly to client complaints. Complaints should first be directed to the attorney, firm or agency that provided representation. If the client feels that he or she has not received an adequate response, they can contact the City Administrator and /or his /her designee to evaluate the legitimacy of complaints and to follow up on meritorious ones. The complaining client should be informed as to the disposition of his or her complaint in writing. Standard 16: Cause for Termination of Defender Services and Removal of Attorney. The City's contracts for indigent defense services shall include the grounds for termination of the contract by the parties. Termination of a contract should only be for good cause. Termination for good cause shall include the failure of the attorney to render adequate representation to clients; the willful disregard of the rights and best interests of the client; and the willful disregard of the standards herein addressed. Removal by the court of counsel from representation normally should not occur over the objection of the attorney and the client. Standard 17: Non - Discrimination. Neither the City, in its selection of an attorney, firm or agency to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, gender, sexual orientation or disability. Both the City and the contractor shall comply with all federal, state, and local non - discrimination requirements. Standard 18: Guidelines for Awarding Public Defender Contracts. The City shall award contracts for public defense services only after determining that the attorney or firm chosen can meet accepted professional standards. Under no circumstances should a contract be awarded on the basis of cost alone. Attorneys or firms bidding for contracts must demonstrate their ability to meet these standards. Contracts should only be awarded to: 1. Attorneys who have at least one year's criminal trial experience in the jurisdiction covered by the contract (i.e., City and District Courts, Superior Court or Juvenile Court), or 2. A firm where at least one attorney has one year's trial experience. City attorneys, county prosecutors, and law enforcement officers should not select the attorneys who will provide indigent defense services. W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs Page 7 of 8 231 Section 7. Repealer. Ordinance No. 1472 is hereby repealed, thereby eliminating TMC Sections 2.68.430, 2.68.440 and 2.68.450. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney W: Word Processing \Ordinances \Public defense services 8 -6 -13 RT:bjs 232 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 8 of 8 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by ayor's review Council review 08/12/13 LH / r— Resolution Mtg Date 09/23/13 LH (7_ __ Other Mtg Date 10/07/13 LH A Igir i 4 SPONSOR K Council SPONSOR'S The Council is being asked to review and approve a draft policy on "Councilmember Use of SUMMARY Electronic Devices." On August 12, the C.O.W. referred this item back to Committee for discussion of a proposed amendment to Section 3 relating to device access. The Committee was not in favor of this amendment (see attached 9/17 FS minutes) and is forwarding for C.O.W. discussion a clean copy of the policy approved by the Committee on July 2 and September 17. REVIEWED BY COW Mtg. E CA&P Cmte Utilities Cmte — Arts Comm. DATE: 7/2/13 AND 9/17/13 W F&S Cmte ITEM INFORMATION ITEM No. 5.C. 233 STAFF SPONSOR: COUNCILMEMBER ROBERTSON ORIGINAL AGA NDA DATI: 8/12/13 AGENDA ITEM TITLE Draft Policy on Councilmember Use of Electronic Devices 9/23/13 Z Motion Mtg Date 10/7/13 r— Resolution Mtg Date r Ordinance AltgDate BicL4ward Mtg. Date Public Hearing Mt Date __ Other Mtg Date CATIt.GORY W Discussion AitgDate l E mayor E HR P DCD r-i Finance [ Fire IT PeeR — Police PIV SPONSOR K Council SPONSOR'S The Council is being asked to review and approve a draft policy on "Councilmember Use of SUMMARY Electronic Devices." On August 12, the C.O.W. referred this item back to Committee for discussion of a proposed amendment to Section 3 relating to device access. The Committee was not in favor of this amendment (see attached 9/17 FS minutes) and is forwarding for C.O.W. discussion a clean copy of the policy approved by the Committee on July 2 and September 17. REVIEWED BY COW Mtg. E CA&P Cmte Utilities Cmte — Arts Comm. DATE: 7/2/13 AND 9/17/13 W F&S Cmte Transportation Cmte _ Comm. Planning Comm. CHAIR: ROBERTSON Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Council Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPINDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none $none $none Fund Source: N/A Comments: no general fund impact MTG. DATE RECORD OF COUNCIL ACTION 08/12/13 Referred back to Finance and Safety Committee. 9/23/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 9/10/13. Draft Policy Version 4 - Clean version - approved by the FS Committee on 9/17 Minutes from the Finance and Safety Committee meetings of 7/2/13 and 9/17/13. 10/7/13 Policy in final form 233 234 TUKWILA CITY COUNCIL OPERATING POLICY TITLE: Councilmember Use of Electronic Devices Number: CC- POL -01 Page 1 of 5 PURPOSE: City -owned and managed electronic devices such as mobile phones, tablets, or laptop computers are available for Councilmembers' use in the course of performing their duties as elected officials. This policy clarifies the role of the Information Technology Department in supporting the devices; the Councilmembers' role in using them; and reiterates the public records responsibilities of which Councilmembers should be cognizant, whether using a City - owned device or a device they have purchased themselves. REFERENCES: RCW 40.14 — Preservation and Destruction of Public Records Administrative Policy 400 -03 — Public Records Request Administrative Policy 400 -04 — Records Management, Retention and Archives Administrative Policy 1100 -08 — Use of Public Internet Communication Tools STATEMENT OF POLICY: 1. Acquisition and Management Acquisition of all City -owned electronic devices and service provider /long distance carrier services will be managed and inventoried by the Information Technology Department (ITD) and will follow established standards. Cellular device usage is billed on a time -used basis. City -owned cellular devices and services should not be used when a less costly alternative method is safe, convenient, and readily available. 2 Program Options A. City Business Use Only (1) Provisions: The Councilmember is assigned a City -owned electronic (cellular or computing) device, which is to be used solely for authorized City business purposes, with limited incidental personal use allowed. The Councilmember must sign a policy agreement prior to the issuance of a City -owned electronic device. The Councilmember may use the device for rare, incidental, personal use only if no other alternative exists. (2) Financial responsibility: Option A is designed as having no cost to the Councilmember. If the device is cellular, the City may charge for any unauthorized personal use of the electronic device. In this option, the City will not provide compensation or reimbursement to Councilmembers for City business use conducted on cellular devices they have purchased themselves. 235 TITLE: Councilmember Use of Electronic Devices CC- POL -01 Page 2 of 5 B. City Business Use Primary (1) Provisions: The Councilmember is assigned a City -owned electronic (cellular or computing) device to be primarily used for City business, allowing personal use only by the Councilmember to whom the device was assigned. It is expected that City business will be the majority of the device's use. The Councilmember must sign a policy agreement prior to the issuance of a City -owned electronic device. (2) Financial responsibility: To compensate the City for the Councilmember's personal usage on a City -owned cellular device, Option B requires payment from the Councilmember to the City via an authorized monthly payroll deduction for each cellular device issued. The payroll deduction arrangement must be in place, with verification sent to ITD from the Finance Department, prior to any personal usage and /or cellular device issuance. The rate of 45% of the initial standard total monthly charges for each device (rounded up to a whole dollar amount), plus a $5 administrative fee, will be used to determine the on -going monthly rate for the payroll deduction for each device. The initially- determined monthly rate may change if the cellular service charges are increased by the service provider or the rate plan or service provider is changed by the City. Councilmembers who have a cellular device payroll deduction in place will be provided the opportunity to either approve the increased deduction or to opt out of this agreement prior to any increase. In this option, the City will not provide compensation or reimbursement to Councilmembers for City business use conducted on cellular devices they have purchased themselves. 3. Public Records Responsibilities All information, data and communications relating to the conduct of government or the performance of any governmental function that is created or stored on either a City - owned or personal electronic device utilized for City business are considered public records under the Public Records Act. A Councilmember's electronic device and the documents contained therein, whether under Option A or B, or on an electronic device they purchased themselves that is used in the course of performing their duties as elected officials, may only have the device data contents accessed to comply with public disclosure per State and Federal law or in case of a technical issue that needs to be addressed by IT staff. Additionally, in court proceedings a legal request can be made for discovery of devices. This can mean that any and all information existing on the device could be deemed as discoverable, beyond what may be disclosable under the Public Records Act. 236 TITLE: Councilmember Use of Electronic Devices CC- POL -01 Page 3 of 5 To comply with these requirements, information that may need to be made available for review must be searchable and accessible by the City Clerk or other designated City representative. In order to meet these requirements and maintain transparency in local government, Councilmembers should adhere to the following policy terms to conduct City - related business on an electronic device: • The designated City email address given to each Councilmember (ie: firstname .lastname @TukwilaWA.gov), as well as the City email system, should be the only email address or system used by Councilmembers to conduct City - related business. These emails are archived for retention by the Information Technology Department, and are searchable when necessary for public disclosure or discovery requests. • User - created email accounts including, but not limited to, Comcast, Gmail, Yahoo, Hotmail, Zoho, GMX, etc., should not be installed on or utilized by a Councilmember on a City -owned device to conduct City business or for personal use. As stated above, all City - related electronic communication should be conducted via the City's designated email system, regardless of the device used. • Social media applications including, but not limited to, Facebook, Twitter, Linkedln, etc., should not be installed or utilized on a City -owned device unless directly required for and related to the conduct of City business. If the social media communication (sent or received) relates to the conduct of City business, it must be retained in accordance with the applicable Washington State Records Retention Schedule and may be disclosable under the Public Records Act. • Documents, notes, photographs, etc. created on an electronic device and presented or referenced in a meeting where City business takes place are considered a City record and must be retained in their native electronic format for the required retention period. Printing out a hard copy is not sufficient to meet retention requirements. • Notes created for a Councilmember's personal City business use, such as to organize their thoughts or formulate potential questions to ask at a meeting, may be considered a transitory record with minimal retention value. Councilmembers may wish to periodically review these types of documents on electronic devices and delete as applicable. • It is advisable for Councilmembers to refrain from using a City -owned electronic device for any activities related to a political campaign. • All electronic records created and /or stored on a City -owned electronic device must be retained for the applicable retention period set forth in the Washington State Records Retention Schedules, which can be viewed in their entirety on the Washington State Archives website. 237 TITLE: Councilmember Use of Electronic Devices CC- POL -01 Page 4 of 5 Public records responsibilities, including retention and disclosure, also apply to records created on an electronic device a Councilmember has purchased themselves, when the device is used in the course of performing their duties as an elected official. Contact the City Clerk with any questions regarding records retention requirements. 4. Mobile Device Management Program for Cellular Devices The City's mobile device management (MDM) program allows remote device management for wiping enterprise data from an electronic device should it become lost or stolen. All City -owned cellular devices participating in all program options are required to be enrolled in the City's MDM program if the device is an MDM- allowed type of device. If a device is not allowed by the MDM program, work email and calendar synchronization will not be authorized for the device. The ITD will fully assist with the enrollment of all City -owned devices. When needed, two types of data removal are possible for MDM devices: one that removes only the enterprise MDM data (connections to City email and network will then be cleared manually), and one that completely wipes all data (including email and network connections) from the device. For all City -owned devices, the type of device wipe to be used will be determined by a mutual decision between the Councilmember and the ITD. The user of a City -owned cellular device should be aware that any personal data on the device, including but not limited to email and contact information, is at risk of being erased from the device at any time and without warning. 5. Security and Safety Cell transmissions are not secure. Therefore, Councilmembers are expected to use discretion in discussing confidential information. Washington State law regulates cellular device usage while driving, prohibiting a wireless device such as a cell phone being held to the driver's ear. RCW 46.61.667 and 46.61.668 provide exceptions for using wireless communication in "hands- free" mode, while driving an authorized emergency vehicle, for summoning emergency help or reporting illegal activity, or other emergency circumstances. State law also bans text messaging while driving. Citations received for any infraction on any device and any costs incurred for legal assistance required will be at the Councilmember's own expense. Be alert when installing free, off-shore originated or otherwise unknown and un- researched applications onto any device as they may pose a security risk by containing malicious content, rerouting your browser to a malicious web page asking for personal information or installing malware onto your device. Scanning or using QR codes may also pose this same risk. 238 TITLE: Councilmember Use of Electronic Devices CC- POL -01 Page 5 of 5 6. Protection of equipment Reasonable precautions should be taken to prevent the theft of equipment or its unauthorized use. In the event that a device is lost, stolen, damaged, hacked, or no longer in the Councilmember's personal control, ITD is to be contacted immediately so that service and connectivity can be discontinued. END Title: Councilmember Use of Electronic Devices City Attorney Approval Effective Date: Supercedes: Approved by the City Council on the day of 239 240 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma or's review Council review 09/23/13 PMC E Motion Mtg Date — Resolution Mtg Date 10/07/13 PMC — Public Hearing Mtg Date __ Other Mtg Date Mtg Date 10/07/13 SPONSOR fl Council Mayor — HR r- IT 1) &R Police Plf7 P1 DCD Finance Fire SPONSOR'S Contract indebtedness not to exceed $9,475,893.89 to provide funds to finance SUMMARY improvements in Local Improvement District No 33 by reimbursing the City for project costs including making a deposit to the City's Local Improvement Guaranty Fund and paying costs of issuance of the bonds. 10/7/13 Meeting: Please note there are some minor language changes explained in the attached Info Memo, REVIEWIil) BY COW Mtg. CA&P Cmte 1 1 F&S Cmte 1 Transportation Cmte Utilities Cmte _ Arts Comm. Parks Comm. P1 Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Comm-111:T, Finance Department recommends approval ITEM INFORMATION ITEM No. 5.D. 241 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 09/23/13 AGENDA ITEM TITLE An Ordinance relating to contracting indebtedness to provide funds to finance improvements for Local Improvement District No 33 public CATEGORY Discussion Mtg Date 09/23/13 E Motion Mtg Date — Resolution Mtg Date R Ordinance I- Bid Award Mtg Date — Public Hearing Mtg Date __ Other Mtg Date Mtg Date 10/07/13 SPONSOR fl Council Mayor — HR r- IT 1) &R Police Plf7 P1 DCD Finance Fire SPONSOR'S Contract indebtedness not to exceed $9,475,893.89 to provide funds to finance SUMMARY improvements in Local Improvement District No 33 by reimbursing the City for project costs including making a deposit to the City's Local Improvement Guaranty Fund and paying costs of issuance of the bonds. 10/7/13 Meeting: Please note there are some minor language changes explained in the attached Info Memo, REVIEWIil) BY COW Mtg. CA&P Cmte 1 1 F&S Cmte 1 Transportation Cmte Utilities Cmte _ Arts Comm. Parks Comm. P1 Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Comm-111:T, Finance Department recommends approval COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/23/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 09/18/13 Ordinance in Draft Form _memorandum 10/07/13 New informational dated 10/2/13 showing changes Ordinance in strike-thru underline format 241 242 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Tukwila City Council FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: October 2, 2013 SUBJECT: Modifying the language in Ordinance relating to contracting indebtedness for Local Improvement District No. 33 ISSUE Modify language in Section 9 (a) of the Ordinance to sell bonds for Local Improvement District No. 33 and Exhibit A (vi) Final Maturity. BACKGROUND The draft Ordinance was presented to Council at the September 23, 2013 Committee of the Whole meeting. DISCUSSION It has come to our attention that it would be appropriate to revise the language slightly in Section 9 (a) of the Ordinance and (vi) Final Maturity in Exhibit A. The revisions give greater clarity regarding the maturity dates of the bonds. Section 9 (a) has been revised as follows: Maturity. All Bonds shall bear a maturity date that- is-twe and estimated redemption date approved by the Designated Representative in accordance with Section 4. Exhibit A (vi) Final Maturity has been revised as follows: The Bonds shall mature on the Interest Payment dDate next occurring after the date that is 2 years after the final assessment installment payment due date. A strike - through, underline revision of the Ordinance is attached. RECOMMENDATION The Council is being asked to approve the Ordinance as revised. ATTACHMENTS Revised Ordinance 243 244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $9,475,893.89 AGGREGATE PRINCIPAL AMOUNT OF LOCAL IMPROVEMENT DISTRICT BONDS TO PROVIDE FUNDS TO FINANCE THE PUBLIC IMPROVEMENTS IN LOCAL IMPROVEMENT DISTRICT NO. 33 ( "LID No. 33 "), BY REIMBURSING THE CITY FOR PROJECT COSTS, INCLUDING MAKING A DEPOSIT TO THE CITY'S LOCAL IMPROVEMENT GUARANTY FUND AND PAYING THE COSTS OF ISSUANCE OF THE BONDS; FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS; FIXING THE INTEREST RATE ON ASSESSMENTS WITHIN LID NO. 33; AND PROVIDING FOR OTHER RELATED MATTERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila, Washington (the "City "), created Local Improvement District (LID) No. 33 by Ordinance No. 2260, adopted on November 16, 2009, for the purpose of financing improvements to urban access for the Southcenter area ( "Project "); and WHEREAS, the City is in need of funds to pay or reimburse the City for the costs of the improvements in LID No. 33, including making a deposit to the City's Local Improvement Guaranty Fund and paying the cost of issuance of the bonds, not to exceed $9,475,893.89 aggregate principal amount; and WHEREAS, the City Council deems it to be in the best interest of the City to issue local improvement district bonds to finance these costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \LID 33 -Bond issuance - strike -thru 10 -1 -13 VC:bjs Page 1 of 13 245 Section 1. Findings and Determinations. The City takes note of the following facts and makes the findings and determinations set forth below. Capitalized terms have the meanings given in Section 2. (a) Authority and Description of Project. By Ordinance No. 2260, adopted on November 16, 2009, the City created LID No. 33 for the purpose of carrying out the Project and authorized the issuance of local improvement district bonds to finance the costs of the Project by reimbursing the City for all Project costs including, without limitation, making a deposit to the City's Guaranty Fund and paying the costs of issuance of the bonds. (b) Plan of Financing. On September 3, 2013, the City Council adopted Ordinance No. 2408, confirming the final assessment roll for LID No. 33 and authorizing the collection of the special assessments levied within the district. The notice of collection of assessments was first published on September 16, 2013 and the last day for prepayment of assessments without penalties or interest is October 16, 2013. The amount of Bonds to be issued will equal the balance of assessments unpaid after the expiration of the 30 -day prepayment period, and the Bonds shall be repaid from the assessments to be paid in 15 annual installments of approximately equal principal, plus interest on the unpaid balance accrued to the Interest Payment Date. (c) The Bonds. For the purpose of providing the funds necessary to pay or reimburse the City for the costs of the Project including, without limitation, making a deposit to the Guaranty Fund and paying the costs of issuance of the Bonds, the City Council finds that it is in the best interests of the City to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Contract as approved by the City's Designated Representative consistent with this ordinance. Section 2. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) "Authorized Denomination," notwithstanding Section 13.04.160 of the Tukwila Municipal Code, means $5,000 or any integral multiple thereof within an estimated redemption date within a Series, except that if the aggregate principal amount of the Series of the Bonds is not an integral multiple of $5,000, then the first Bond of that Series shall be in such principal amount as the Designated Representative shall determine. (b) "Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in that Bond. (c) "Bond" means each bond issued pursuant to and for the purposes provided in this ordinance. (d) "Bond Counsel" means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (e) "Bond Purchase Contract" means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of that W: Word Processing \Ordinances \LID 33 -Bond issuance- strike -thru 10 -1 -13 VC:bjs 246 Page 2 of 13 Series, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. (f) "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the each Bond. (g) "Bond Registrar" means the Fiscal Agent, or any successor bond registrar selected by the City. (h) "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under the laws of the State. (i) "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. (j) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (k) "Designated Representative" means the officer of the City appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2). (I) "DTC" means The Depository Trust Company, New York, New York, or its nominee. (m) "Final Terms" means the terms and conditions for the sale of a Series of the Bonds including, but not limited to, the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (n) "Finance Officer" means the Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (o) "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. (p) "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (q) "Guaranty Fund" or "Local Improvement Guaranty Fund" means the Local Improvement Guaranty Fund of the City created by Ordinance No. 323 as codified at Tukwila Municipal Code 3.64. (r) "Interest Payment Date" means each annual date on which interest on a Bond is due and payable, as set forth in the Bond Purchase Contract. (s) "Issue Date" means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. W: Word Processing \Ordinances \LID 33 -Bond issuance- strike -thru 10 -1 -13 VC:bjs Page 3 of 13 247 (t) "Letter of Representations" means the Blanket Issuer Letter of Representations between the City and DTC, dated October 18, 1999, as it may be amended from time to time, or any successor or substitute letter relating to the operations procedures of the Securities Depository. (u) "LID Bond Fund" means the Local Improvement Fund, District No. 33 of the City created for the payment of the principal of and interest on the Bonds. (v) "LID No. 33" means Local Improvement District No. 33, established by Ordinance No. 2260 of the City, passed November 16, 2009, for the purpose of carrying out the Project. (w) "MSRB" means the Municipal Securities Rulemaking Board. (x) "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. (y) "Project" means the Tukwila Urban Access Improvement Project, more fully described in Exhibit A of Ordinance No. 2260. For purposes of this ordinance, costs of the Project include all costs of constructing the Project and all other costs permitted for inclusion under RCW 35.44.020 and related statutes, including without limitation, all costs for legal, financial, and appraisal services and any other expenses incurred by the City on behalf of or in the formation of LID No. 33, or in connection with such construction or improvement and in the financing thereof, including the costs of issuance of the Bonds and the cost of providing for increases in the Local Improvement Guaranty Fund. (z) "Project Fund" means the Arterial Street Fund of the City used for the purpose of carrying out the Project. (aa) "Purchaser" means the person, bank, corporation, firm, association, partnership, trust, or other legal entity or group of entities selected by the Designated Representative to serve as underwriter or purchaser for a negotiated sale of a Series of the Bonds. (bb) "Rating Agency" means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (cc) "Record Date" means the Bond Registrar's close of business on the 15th day of the month preceding an Interest Payment Date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar's close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. (dd) "Registered Owner" means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book — entry system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. W: Word Processing \Ordinances \LID 33 -Bond issuance- strike -thru 10 -1 -13 VC:bjs 248 Page 4 of 13 (ee) "Rule 15c2 -12" means Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (ff) "SEC" means the United States Securities and Exchange Commission. (gg) "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (hh) "Series of the Bonds" or "Series" means a series of the Bonds issued pursuant to this ordinance. (ii) "State" means the State of Washington. (jj) "System of Registration" means the system of registration for the City's bonds and other obligations set forth in Ordinance No. 1338 of the City. (kk) "Tax- Exempt Bonds" means any Bond, the interest on which is intended on its Issue Date to be excluded from gross income for federal income tax purposes. (11) "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 15 of this ordinance. Section 3. Authorization of Bonds. To provide the funds necessary to pay or reimburse the costs of the Project, including without limitation making a deposit to the Guaranty Fund and paying the costs of issuance of the Bonds, the City is authorized to issue the Bonds evidencing indebtedness in an amount of not to exceed the lesser of (a) the amount of the confirmed assessment roll for LID No. 33 ($9,475,893.89), or (b) the balance of such assessment roll remaining unpaid at the expiration of the 30 -day prepayment period. Section 4. Description of the Bonds; Appointment of Designated Representative. The Finance Officer is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bonds, in one or more Series bearing the same Issue Date, in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A, which is attached to this ordinance and incorporated by this reference. Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Notwithstanding Section 13.04.170 of the Tukwila Municipal Code, each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. Notwithstanding Section 13.04.170 of the Tukwila Municipal Code, the Fiscal Agent is appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The W: Word Processing \Ordinances \LID 33 -Bond issuance - strike -thru 10 -1 -13 VC:bjs Page 5 of 13 249 Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds of an equal aggregate principal amount and of the same Series, interest rate, estimated redemption date and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book -Entry Only Form. The Designated Representative may determine whether the Bonds are to be issued in certificated or fully immobilized book -entry only form. If the Bonds are issued in book -entry form, DTC shall be appointed as initial Securities Depository. Each Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book -entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book -entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. W: Word Processing \Ordinances \LID 33 -Bond issuance- strike -thru 10 -1 -13 VC:bjs 250 Page 6 of 13 Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law, and shall not be required to be in the form set forth in Section 13.04.170 or any other section of the Tukwila Municipal Code. The Bonds shall be issued in registered form and no coupons representing interest on the Bonds need be attached. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate Of Authentication. This Bond is one of the fully registered City of Tukwila, Washington, Local Improvement District No. 33 Bonds." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America solely out of the LID Bond Fund or from the Local Improvement Guaranty Fund of the City. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on each Interest Payment Date, or by check or draft of the Bond Registrar mailed on such Interest Payment Date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received at least ten days prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Funds and Accounts. (a) LID Bond Fund; Deposit of Assessments. The LID Bond Fund has been previously created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds. All collections pertaining to payments of assessments on W: Word Processing \Ordinances \LID 33 -Bond issuance - strike -thru 10 -1 -13 VC:bjs Page 7 of 13 251 the assessment roll of LID No. 33, including prepayments, installment payments, and interest and penalties thereon, shall be deposited in the LID Bond Fund. Prior to the Issue Date, any money on hand in the LID Bond Fund may be used to pay or reimburse costs of the Project, may be transferred to the Guaranty Fund, or may be retained therein for the payment of principal of or interest on the Bonds, as determined by the Finance Officer. After the Issue Date, money on hand in the LID Bond Fund shall be used solely to pay interest on the Bonds, to redeem a portion of the outstanding principal amount of the Bonds in accordance with Section 9, or to pay for costs of collecting delinquent assessments. Until needed for such purposes, the City may invest money in the LID Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the LID Bond Fund and used for the purposes of that fund. (b) Project Fund; Deposit of. Bond Proceeds. The principal proceeds received from the sale and delivery of each Series of the Bonds, which amounts are not needed to fund the Guaranty Fund deposit described below, shall be paid into or allocated to the Project Fund, and thereafter may be allocated or transferred to such other funds, accounts, or subaccounts of the City as the Director of Finance may determine, in order to pay or reimburse the City for all or part of the costs of the Project and to pay the costs of issuance of the Bonds. Until needed for such purposes, the City may invest the principal proceeds of the Bonds temporarily in any legal investment, and the investment earnings shall be deposited in the LID Bond Fund. Earnings subject to a federal tax or rebate requirement may be withdrawn from any such fund or account and used for those tax or rebate purposes. Any proceeds of Bonds remaining in the Project Fund after paying the costs of the Project, the costs of issuing the Bonds, and for the purposes set forth in this section, or after the City Council has determined that the expenditure of such bond proceeds for those purposes is no longer necessary or appropriate, may be used to pay principal of and interest on the Bonds consistent with applicable law. (c) Guaranty Fund. On the Issue Date, proceeds of each Series of Bonds equal to not more than 10% of the issue price of such Series shall be deposited into the Guaranty Fund such that the balance in the Guaranty Fund equals not less than the balance required to be maintained under this subsection. For so long as any of the Bonds remain outstanding, the City shall take such actions as may be necessary, consistent with Chapter 3.64 of the Tukwila Municipal Code, Chapter 35.54 RCW and other applicable state law, to maintain such balance in the Guaranty Fund as the Finance Officer determines, in her sole discretion, is reasonable. Interest and earnings from the Local Improvement Guaranty Fund shall be retained within the Guaranty Fund. The Finance Officer may establish subaccounts within the Guaranty Fund, from time to time as the Finance Officer deems necessary or desirable for purposes of accounting for the investment of money therein. Money in the Guaranty Fund shall be used solely for the payment of bonds secured by such fund and as otherwise set forth in chapters 35.49 and 35.54 RCW and other applicable law. W: Word Processing \Ordinances \LID 33 -Bond issuance- strike -thru 10 -1 -13 VC:bjs 252 Page 8 of 13 Section 9. Maturity; Redemption Provisions and Purchase of Bonds. (a) Maturity. All Bonds shall bear a maturity date that is two years after the final and estimated redemption date approved by the Designated Representative in accordance with Section 4. (b) Redemption Provisions. The City shall call Bonds for redemption in whole or in part in Authorized Denominations in the order set forth on the estimated redemption schedule (which shall be set forth in the Bond Purchase Contract) on each Interest Payment Date when there is money in the LID Bond Fund from assessment payments (including principal, interest, and penalties thereon) and other money of the City sufficient to pay the Bond (or portion thereof) so called over and above the amount required for the payment of the interest payable on all unpaid Bonds on that Interest Payment Date. Bonds shall be redeemed at a redemption price equal to the stated principal amount to be redeemed plus interest accrued thereon to the redemption date. (c) Selection of Bonds for Redemption; Partial Redemption. For so long as a Bond is registered in the name of the Securities Depository, if less than all of the principal amount of that Bond is to be redeemed, the Securities Depository shall select the proportion of that Bond to be redeemed in accordance with the Letter of Representations. If a Bond is not registered in the name of the Securities Depository, the Bond Registrar shall select the proportion of that Bond to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond, bearing the same Series, estimated redemption date and interest rate, in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 15 nor more than 45 days prior to the date fixed for redemption by first -class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Officer shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Redemption Notice. In the case of any redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice by giving a notice of rescission to the affected Registered Owner(s) at any time on or prior to the date fixed for redemption. Any notice of redemption that is so rescinded shall be W: Word Processing \Ordinances \LID 33 -Bond issuance- strike -thru 10 -1 -13 VC:bjs Page 9 of 13 253 of no effect, and each Bond for which a notice of redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on the principal portion of each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption is rescinded as set forth above. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Failure to Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity date or date fixed for redemption, the City shall be obligated to pay interest on the unpaid principal amount of that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the LID Bond Fund, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Assessment Payments. Assessments collected in LID No. 33, together with interest and penalties, if any, are pledged to the payment of the Bonds which are payable solely out of the LID Bond Fund and the Local Improvement Guaranty Fund of the City, all in the manner provided by law. The Bonds are not general obligations of the City. The City covenants that it will diligently commence and pursue the collection of all delinquent assessments in LID No. 33. Section 12. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Tax - Exempt Bonds. The City covenants that it will take all actions necessary to prevent interest on the Tax - Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Tax - Exempt Bonds or other funds of the City treated as proceeds of the Tax - Exempt Bonds that will cause interest on the Tax - Exempt Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Tax - Exempt Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Tax - Exempt Bonds. (b) Post - Issuance Compliance. The Finance Officer is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when W: Word Processing \Ordinances \LID 33 -Bond issuance - strike -thru 10 -1 -13 VC:bjs 254 Page 10 of 13 due the principal of and interest on any or all of the Bonds (the "defeased Bonds "); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account "), money and /or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 14. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series of the Bonds by negotiated sale based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. (b) Procedure for Negotiated Sale. The Designated Representative shall select one or more Purchasers with which to negotiate the sale of a Series of the Bonds. A Bond Purchase Contract shall set forth the Final Terms of the sale of each Series. The Designated Representative is authorized to execute the Bond Purchase Contract on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 15. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review the form of the preliminary official statement prepared in connection with the sale of each Series of the Bonds to the public. For the sole purpose of the Purchaser's compliance with paragraph (b)(1) of Rule 15c2 -12, the Designated Representative is authorized to deem that preliminary official statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2 -12. The City approves the distribution to potential purchasers of the Bonds of a preliminary official statement that has been deemed final in accordance with this subsection. W: Word Processing \Ordinances \LID 33 -Bond issuance - strike -thru 10 -1 -13 VC:bjs Page 11 of 13 255 (b) Approval of Final Official Statement. The City approves the preparation of a final official statement for each Series of the Bonds to be sold to the public in the form of the preliminary official statement, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final official statement to the Purchaser. The City authorizes and approves the distribution by the Purchaser of that final official statement to purchasers and potential purchasers of the Bonds. (c) Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds, the Designated Representative is authorized and directed to execute a written undertaking to provide continuing disclosure for the benefit of holders of the Bonds in substantially the form attached as Exhibit B. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 17. Fixing Interest Rate on Assessments. The interest rate on the installment payments of the special assessments in LID No. 33 is fixed at a rate equal to 0.5% plus the all -in true interest cost of the Bonds, as set forth in the Bond Purchase Contract, carried out to two decimal places. If the Bonds are issued in more than one Series, the all -in true interest cost shall be a blended rate of all Series of the Bonds. Section 18. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bonds to the Purchaser and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 19. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \LID 33 -Bond issuance- strike -thru 10 -1 -13 VC:bjs 256 Page 12 of 13 Section 20. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 21. Conflicts with Tukwila Municipal Code. Notwithstanding Tukwila Municipal Code Section 13.04.180, to the extent that anything contained in this ordinance is inconsistent with any provision set forth in the Tukwila Municipal Code, this ordinance and state law shall be deemed to be the controlling law for the narrow and specific purpose of authorizing the Bonds described herein, and such provisions of the Tukwila Municipal Code shall not apply. Section 22. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Description of the Bonds Exhibit B — Form of Undertaking to Provide Continuing Disclosure W: Word Processing \Ordinances \LID 33 -Bond issuance - strike -thru 10 -1 -13 VC:bjs Page 13 of 13 257 258 EXHIBIT A DESCRIPTION OF THE BONDS (i) Principal Amount. (ii) Date or Dates. The Bonds may be issued in one or more Series and the aggregate principal amount of the Bonds shall not exceed the total amount on the assessment roll remaining uncollected after the expiration of the 30- day prepayment period, and in any event shall not exceed the total amount of the assessment roll ($9,475,893.89). To facilitate delivery of the Bonds through the Securities Depository, the principal amount may be rounded down to the nearest $100. Each Bond shall be dated the Issue Date, which date may not be later than one year after the effective date of this ordinance and may not occur prior to 20 days after the expiration of the 30 -day prepayment period for paying assessments. All Series of Bonds shall bear the same Issue Date. (iii) Denominations, Name, etc. The Bonds shall be issued in Authorized Denominations, with one Bond corresponding to each estimated redemption date within a Series. The Bonds of each Series shall be numbered consecutively in the order of the estimated redemption schedule, and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. (iv) Interest Rate(s). (v) Payment Dates. Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360 -day year of twelve 30 -day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any Bond may exceed 6.00 %, and the all -in true interest cost to the City for each Series of the Bonds may not exceed 6.00 %. Interest shall be payable at fixed rates annually on such Interest Payment Dates as are acceptable to the Designated Representative, commencing no later than 6 months after the first assessment installment payment date following the Issue Date. W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit A strike -thru 10 -1 -13 VC:bjs A -1 259 EXHIBIT A DESCRIPTION OF THE BONDS Page 2 (vi) Final Maturity. (vii) Redemption Rights. (viii) Price. The Bonds shall mature on the Interest Payment dDate next occurring after the date that is 2 years after the final assessment installment payment due date. The Bonds shall be subject to redemption on Interest Payment Dates, as set forth in Section 9 of this ordinance. The Designated Representative shall approve an estimated redemption schedule, which shall set forth the expected dates and amounts of such redemptions and which shall determine the order in which Bonds shall be called for such redemption. The purchase price for each Series of the Bonds shall be equal to the stated aggregate principal amount of that Series. (ix) Other Terms & Conditions. The Designated Representative may determine whether it is in the City's best interest to provide for bond insurance or other credit enhancement; may designate a Series of the Bonds as Tax - Exempt Bonds or as taxable Bonds; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit A strike -thru 10 -1 -13 VC:bjs 260 A -2 EXHIBIT B Form of UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Tukwila, Washington Local Improvement District No. 33 Bonds The City of Tukwila, Washington (the "City "), makes the following written Undertaking for the benefit of holders of the above - referenced bonds (the "Bonds "), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in Ordinance No. of the City (the "Bond Ordinance "). (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) ( "annual financial information "); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non - payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; defeasances; (9) W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit B 9 -12 -13 VC:bjs B -1 261 (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2 -12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of: (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available they will be provided; (2) a statement of the outstanding balance of obligations secured by the Local Improvement Guaranty Fund; the balance of cash and investments in the Local Improvement Guaranty Fund at fiscal year end; and (4) a statement of the amount of assessments that the City billed and collected in that fiscal year; (3) (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2013; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit B 9 -12 -13 VC:bjs 262 B -2 (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2 -12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if the provisions of Rule 15c2 -12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Officer or his or her designee is the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2 -12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2 -12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2 -12; W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit B 9 -12 -13 VC:bjs B -3 263 (iv) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (v) Effecting any necessary amendment of this Undertaking. W: Word Processing \Ordinances \LID 33 -Bond issuance - Exhibit B 9 -12 -13 VC:bjs 264 B -4 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by M. 'or's review Council review 4/1 10/07/13 DCS i Motion Date 10/7/13 Resolution AltsDate Ordinance Mtg Date — Bid Award Mtg Date Public Hearing Mg Date Other Mtg Date Mtg SPONSOR Council FIR — DCD Finance .Fire IT Police PlF W Mayor SPONSOR'S Staff seeks approval to open a visitor information center in a kiosk in Westfield Mall. SUMMARY Council is being asked to consider and approve a lease and designate $100,000 from lodging tax to be included as a 2013-14 budget amendment ITEM INFORMATION ITEM No. 6 265 STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 10/07/13 AGENDA ITEM TITLE Satellite Visitor Information Center CATEGORY Discussion Mtg Date 10/7/13 Motion Date 10/7/13 Resolution AltsDate Ordinance Mtg Date — Bid Award Mtg Date Public Hearing Mg Date Other Mtg Date Mtg SPONSOR Council FIR — DCD Finance .Fire IT Police PlF W Mayor SPONSOR'S Staff seeks approval to open a visitor information center in a kiosk in Westfield Mall. SUMMARY Council is being asked to consider and approve a lease and designate $100,000 from lodging tax to be included as a 2013-14 budget amendment REVIEWED BY COW Mtg. CA&P Cmte Z F&S Cmte Transportation Cmte fl Utilities Cmte — Arts Comm. 1 Parks Comm. Planning Comm. DATE: 09/04/13 COMMITTEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office Unanimous Approval; Forward to Regular/Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $100,000 $0 $100,000 Fund Source: FUND 101 (LODGING TAX) Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/7/13 Informational Memorandum dated 8/28/13 Proposed Lease Budget Spreadsheet Minutes from the Finance and Safety Committee meeting of 9/4/13 265 266 City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Derek Speck, Economic Development Administrator BY: Katherine Kertzman, Tourism Program Manager Kristina Thorne, Visitor Information Specialist DATE: August 28, 2013 SUBJECT: Satellite Visitor Information Center ISSUE Seattle Southside Visitor Services requests approval to lease space at Westfield Southcenter to operate a satellite visitor information center. BACKGROUND Westfield Southcenter and Seattle Southside Visitor Services (SSVS) would like to open a satellite visitor information center (VIC) at the former concierge desk near Sears in the mall. SSVS would lease the space from Westfield and operate the VIC. SSVS currently operates a visitor center at its office at 3100 South 176th Street in the City of SeaTac and would continue to operate that one. The Westfield location would be an additional location. The funding would come from lodging tax, not the City's general fund. Since this is a new endeavor, staff proposes this to be a pilot project of up to one year. Whether to continue to beyond one year would be determined later based on its results. Council approval is necessary to authorize the Mayor to sign the lease. Council approval is also necessary to amend the budget because this is a new opportunity that was not included in the Council approved 2013 -2014 budget. DISCUSSION Westfield Southcenter is the largest shopping mall in the Pacific Northwest, bringing in more than 15 million shoppers annually. Westfield estimates 20% of their shoppers are tourists who travel from outside a 50 mile radius. The Washington State Department of Commerce estimates that nearly 50% of travelers to Washington State are influenced by family and friends living or doing business here prior to making their travel plans. Westfield approached SSVS with the initial VIC concept in an effort to offer concierge quality services to their customers and increase tourist spending at the mall. Westfield has offered to lease the former concierge desk near Sears for the VIC, provide additional directional signage throughout the Mall to direct guests to the VIC, and allow SSVS to manage three outdoor 6' by 267 INFORMATIONAL MEMO Page 2 6' advertising poster locations in the courtyard outside of the VIC. The total lease cost would be $1 per year. The low price reflects Westfield's belief that the VIC would add to the mall's customer experience and increase retail sales. The draft lease is attached. The items in underline or strike -out are sections still under discussion between Westfield and the City. A significant benefit for Westfield for the VIC to be in this location is that it is adjacent to an outdoor courtyard that Westfield plans to designate as the drop off and pick up location for all taxis, Seattle Southside Express Shuttle and hotel shuttles. The VIC can assist those visitors and improve their experience while also promoting the region to them. The VIC will offer complimentary concierge assistance, including: • Maps, directions, brochures, and sightseeing and logistical guides • Advice on museums, theater, dance, opera, sports and local events including how to get tickets • Restaurant reservations • Tour bookings & attraction tickets sales • Transportation information • Accommodation referrals and bookings The VIC will also help with advance trip planning. VIC staff will answer questions or provide information regarding upcoming trips. Staff will distribute the most up -to -date packet of Seattle Southside maps, visitor guides and discount coupons for their trip and offer complimentary itinerary planning and booking over the phone, email or in person. SSVS's goal is to increase visitor volume, the length of stay and visitor spending for our area by providing quality, complementary concierge style visitor information services to: • Tourists - The VIC will provide an engaging, convenient and attractive location for tourists already at the mall to gather information on all that the City of Tukwila and Seattle Southside have to offer. Tourists will be encouraged to extend travel plans and book future trips. • Seattle Southside Express Shuttle Riders— SSVS currently operates a shuttle service from SeaTac hotels to Westfield Southcenter. The VIC would be located adjacent to the pick -up and drop -off location which will improve the shoppers experience while also enabling SSVS to improved tracking of the shuttle usage and retail sales. • Travelers at Sea -Tac International Airport - The VIC could serve travelers through SeaTac Airport who have extended layovers. SSVS would provide free shuttle service between the two VICs. • Local Residents - Local residents have significant influence on visiting friends and family in terms of encouraging travelers to visit the destination. A highly visible VIC at Westfield Southcenter would better inform locals and potentially their traveling friends and family as to where to stay, play, shop and dine through material distribution, social media, itinerary planning, ticket sales, restaurant recommendations, promotional coupons, etc. • Area Businesses — The VIC can facilitate better partnerships with Tukwila businesses, particularly Westfield's retailers, through increased communication and opportunities for cross - promotion. The VIC could act as the main point of distribution and information of the new Westfield shoppers coupon book, promote business through a live, viral social media effort etc. 268 INFORMATIONAL MEMO Page 3 SSVS will implement policies and procedures to accurately and systematically measure the VIC activity, performance and productivity. Currently, the SSVS VIC in SeaTac serves 2,400 customers annually and the Seattle Southside Shuttle Express carries 28,000 visitors to Westfield Southcenter annually. Based on those numbers, SSVS staff estimates the new VIC would serve at least 30,000 customers annually with a high probability of many more since the other hotel shuttles and taxis would drop off customers at the VIC and the mall has over 15 million shoppers a year. The VIC is proposed as a one year pilot project and would be open the same hours as the mall. The City and Westfield would determine later whether to continue it depending on its results. The lease could be amended at that time. The VIC staffing will be composed of temporary employees hired by the City of Tukwila and /or staffed through a temp agency. No permanent City positions will be hired as a result of this project. The Seattle Southside Tourism Promotion Area Steering Committee is a self - selected group of hoteliers in SeaTac and Tukwila who represent hotels with 90 or more rooms and who have organized to support formation of a tourism promotion area (TPA). On April, 11, 2013 the six member committee voted unanimously to support the satellite VIC and is willing to assume all costs and operations of the satellite VIC once the TPA and a public development authority are operating and organizationally ready. On May 8, 2013 the City of SeaTac Hotel Motel Advisory Committee supports the concept but recommends the City of Tukwila fund 100% of this special project as the City of SeaTac is already funding 100% of two additional special projects in the amount of $300,000 annually above and beyond the shared core SSVS operating and joint marketing expenses. The two special projects are the Seattle Southside Express Shuttle which takes SeaTac hotel guests to Westfield at no charge and an online and radio advertising campaign. On July 30, 2013, the Tukwila Lodging Tax Advisory Committee unanimously recommended the City Council approve the funds necessary to create the Westfield VIC. FINANCIAL IMPACT SSVS estimates the cost to fully staff and operate the VIC for one year would be up to $100,000. Because this opportunity arose after the 2013 -14 budget was adopted, it was not included and so a budget amendment would be necessary. The funds would come out of Fund 101 (lodging tax) fund balance. The adopted 2013 -14 Fund 101 budget estimates a 2014 ending fund balance of $416,797. The project could reduce the actual fund balance by up to $100,000 depending on the actual start date and how long it takes to operationalize the TPA and PDA. If the Council supports this project, the Finance Department would include the proposed budget amendment with the other items in the annual budget amendment ordinance later this year. 269 INFORMATIONAL MEMO Page 4 RECOMMENDATION Council is being asked to authorize the Mayor to sign a lease in substantial conformance with the attached draft and designate $100,000 from Fund 101 (lodging tax) to be included in the City's annual budget amendment ordinance. The Finance and Safety Committee is being asked to approve this item and forward it to the September 9, 2013 Committee of the Whole and subsequent September 16, 2013 Regular Meeting. ATTACHMENTS Westfield visitor information center estimated budget Draft lease 270 Contract No.: SPECIALTY RETAILING PROGRAM Short Term Lease Agreement This Short Term Lease Agreement (this "Lease "), is dated as of October 14, 2013 (the "Effective Date "), and entered into by and between the undersigned entity or entities, in its (or their) capacity as agent(s) for the owner(s) of the Shopping Center(s) listed on Exhibit A, with offices at 2049 Century Park East, 41st Floor, Los Angeles, CA 90067 ( "Lessor ") and City of Tuwikla, doing business as Seattle Southside ( "Trade Name "), with an address at 6200 Southcenter Boulvard, Tukwila, WA 98188 ( "Lessee "). Lessor hereby grants Lessee the right to use that certain space more particularly described on Exhibit A attached hereto (the "Premises ") in the Westfield shopping center(s) listed on Exhibit A attached hereto (each, a "Shopping Center ", and collectively, the "Shopping Centers "). NOW, THEREFORE, in consideration of the mutual promises hereinafter contained, and for other good and valuable consideration, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Premises and Permitted Use. Westfield hereby leases to Lessee the Premises for the sole purpose of operating a tourism desk (provided all materials distributed or displayed shall be subject to Lessor's prior approval, not to be unreasonably withheld) ( "Permitted Use ") under the Trade Name and for no other purpose, expressly conditioned upon all terms and conditions set forth in this Lease. There may be no change in the Permitted Use of the Premises or the Trade Name without Lessor's prior written approval, which may be withheld in Lessor's sole and absolute discretion. 2. Hours of Operation. Lessee shall be continuously open for business at each of the Premises in accordance with the Rules and Regs (as defined below). Lessor and Lessee may agree to alter operating hours based on business demands. 3. Term. The term for this Lease for each of the Shopping Centers shall commence on October 14, 2013 and shall expire on September 30, 2014 (the "Term "), unless earlier terminated as set forth in this Lease. 4. Intentionally Deleted. 5. Installation; Maintenance and Repair. Lessee shall install within the Premises, at its sole cost and expense, all equipment, personal property, improvements and facilities necessary for the Permitted Use. Prior to such installation, Lessee shall submit design plans and specifications to Lessor for approval. All work undertaken by Lessee or its contractors, subcontractors and other agents in connection with the installation, operation and maintenance of its equipment, improvements and facilities shall be undertaken and completed in a good and workmanlike manner by professional, licensed and qualified personnel and contractors. Lessee, at its sole cost and expense, shall repair, replace and maintain in good condition all portions of the Premises. Lessee may not make any structural alterations to the Premises without the prior written consent of Lessor. Lessor shall not be responsible for any installation, alteration or maintenance of the Premises, nor shall it be liable for any installation, alteration or maintenance costs and expenses whatsoever. Lessee shall ensure that the Premises maintain the same standards of appearance and cleanliness as the remainder of the Shopping Center(s). 6. Lessee's Employees. Lessee shall ensure that all of its contractors, vendors, employees and personnel, if any, at the Premises maintain a clean appearance and are at all times properly behaved and qualified and trained to carry out their duties and responsibilities in accordance with all laws, ordinances and the rules and regulations for the Shopping Center(s) that are attached hereto as Exhibit C and incorporated herein by reference (the "Rules and Regs "). Any violations by Lessee or its employees, agents, vendors, contractors or subcontractor of the Rules and Regs shall be deemed to be breach of this Lease. 7. Lessee's Surrender of Possession and Restoration of the Premises. Upon the expiration of the Term or earlier termination of this Lease, Lessee shall surrender possession of the Premises to Lessor and (i) restore the Premises to the condition in which the Premises existed prior to installation of the Personal Property (as defined below), subject to ordinary wear and tear, (ii) repair all damage caused by or in connection with Lessee's compliance with the obligations contained in this Section, (iii) Intentionally Deleted; and (iv) surrender to Lessor the Premises, broom -clean and in good condition. Any of Lessee's obligations under this Section which have not been performed by Lessee prior to the expiration of the Term or earlier termination of this Lease shall survive such expiration of the Term or earlier termination of this Lease. If Lessee fails to meet its obligations under this Section, Lessor shall restore the Premises to the condition in which the Premises existed prior to installation of the Personal Property, and Lessee shall reimburse Lessor for its costs and expenses related thereto within five (5) days after Lessor gives written notice to Lessee as provided in Section 19 of this Lease of the amount due. 8. Disposition of Personal Property. Upon the expiration of the Term or earlier termination of this Lease, 1 271 Contract No.: Lessee shall remove all of its merchandise, personal property, signs, sets, displays, equipment, telephone and data cabling (collectively, and without limitation, "Personal Property ") from the Premises and the Shopping Center(s). If Lessee fails to remove all or any part of the Personal Property from the Premises prior to expiration of the Term or earlier termination of this Lease, then Lessor, in its sole and absolute discretion may (a) declare that all or any part of the Personal Property shall become property of Lessor, (b) sell or dispose all or any part of the Personal Property, and /or (c) require that Lessee remove all or any part of the Personal Property immediately. To the extent necessary, Lessee hereby absolutely and unconditionally gives, grants, bargains, sells, transfers, sets over, assigns, conveys, releases, and delivers to Lessor all of Lessee's rights, title and interest in the Personal Property remaining in the Premises at the expiration of the Term or earlier termination of this Lease. Further, if Lessor incurs any attorney's fees and /or costs for the sale /disposal /removal of the Personal Property, Lessee shall reimburse Lessor for such attorney's fees and costs within five (5) days after Lessor gives written notice to Lessee as provided in Section 19 of this Lease of the amount due. To extent applicable, Lessee hereby waives and releases Lessor from any notice obligations under applicable law relating to the Personal Property, including but not limited to notice of any sale /disposal /removal of the Personal Property. Any of Lessee's obligations under this Section which have not been performed by Lessee prior to the expiration of the Term or earlier termination of this Lease shall survive such expiration of the Term or earlier termination of this Lease. 9. Indemnity. Lessee shall defend (with counsel reasonably satisfactory to Lessor), indemnify and hold harmless Lessor, its agents, affiliates, partners, members and employees from and against any and all liabilities, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature (i) arising from or in any way connected with the Permitted Use, or (ii) arising from or in any way connected with Lessee's use of the Premises, or (iii) caused by Lessee or any of its affiliates, members, employees, subcontractors, contractors, agents and representatives, excepting any liability or claim caused by the negligence or willful misconduct of Lessor or its employees. The obligations of this Section shall survive the expiration of the Term or earlier termination of this Lease. 10. Compliance with Laws; Permits. Lessee agrees that it has read and understands the Rules and Regs and shall abide by and shall cause its employees, agents, vendors, contractors or subcontractor to abide by the same, as such Rules and Regs may be amended from time to time by Lessor. Any conflict between the terms of this Lease and the terms of any Rules and Regs, the terms of this Lease shall control. Lessee further agrees, at its sole cost and expense, to comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction over, affecting, or applicable to the Premises. Lessee represents and warrants that Lessee has obtained, or will obtain prior to the commencement of its business operations, at its sole cost and expense, any required permits, authorizations, consents and approvals of any type or nature from the appropriate governmental authorities for use of the Premises for the Permitted Use, to the extent necessary (the "Permits "), and all of such Permits are, or will be, and will remain in full force and effect during the Term. Lessee shall provide copies of such required Permits to Lessor upon request. 11. "As -Is "; Release. Lessee acknowledges that it has inspected the Premises (or will inspect the Premises prior to commencement of its business operations), observed no dangerous conditions, accepts the Premises "as is ", and assumes all risk of injury or damage to Lessee's person or property, in connection with Lessee's use of the Premises regardless of the condition thereof. Lessee expressly waives all rights, if any, to assert any claims against Lessor, Westfield U.S. Holdings, LLC, Westfield America, Inc., Westfield America Limited partnership and any and all of their parents, subsidiaries, affiliates, members, predecessors, successors, employees, representatives, any marketing fund, tenants and lessees for damage, destruction or loss of any equipment, personal property, supplies, cash (or other evidence of customer debt such as checks or credit card receipts) upon the Shopping Center or, by any reason of fire, theft, robbery or burglary, bodily injury, personal injury or death or other loss, provided, however, such loss or damage is not due to the gross negligence or willful misconduct of Lessor or any of its parents, subsidiaries, affiliates, members or employees. Lessee accepts all responsibility for any injury or public liability incurred as a direct result of its display or personal property or fixtures or business operations. 12. Security. Lessor shall have no responsibility to provide security, supervision or protection against any loss that may be sustained by Lessee. Any Lessee requiring security must provide security at Lessee's expense, and prior to utilizing a security company, obtain the written approval of Lessor. 13. Insurance. a. Lessee shall, at its sole cost and expense, carry and maintain coverage as follows: i. Commercial General Liability on an "occurrence basis" with a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate, for bodily injury, death and property damage, which Commercial General Liability policy shall include products /completed operations liability coverage with a separate 2 272 Contract No.: aggregate limit of not less than $1,000,000 and personal and advertising injury coverage with a separate limit of not less than $1,000,000, and contractual liability coverage; ii. Property insurance covering Lessee's personal property in an amount equal to full replacement value; iii. Statutory Worker's Compensation and Employer's Liability insurance as required by the laws of the State in which the Shopping Centers are located; and iv. Commercial Automobile Liability insurance with a combined single limit of not less than $1,000,000 providing coverage for the use of any owned, non -owned or hired vehicles. b. The required insurance policies must apply on a primary basis, and any other insurance policies of Lessor or any other additional insured entities are excess and non - contributing. c. Lessee's is a member of the Washington Cities Insurance Authority, a municipal self - insurance risk pool for property and casualty coverage, as authorized under RCW 48.62 and regulated by the Washington State Risk Manager. The Parties hereby agree that Lessee's continued participation in the Washington Cities Insurance Authority self - insurance risk pool shall satisfy the coverage requirements set forth in Section 13(a). Upon request by Lessor, Lessee will provide an Evidence of Coverage letter as proof of coverage limits required in Sections 13(a). d. If Lessee contracts with or hires independent contractors, subcontractors or vendors to participate in the Permitted Use or the installation of any equipment or improvements, Lessee shall require such independent contractors, subcontractors and/or vendors to satisfy the insurance requirements set forth in this Section and to the extent requested by Lessor, Lessee shall cause such third parties to furnish evidence of such insurance coverage to Lessor, and to execute a hold harmless agreement as requested by Lessor. 14. Lessor's Right to Relocate Premises. At any time during the Term, Lessor shall have the right to relocate the Premises to another part of the Shopping Center by notifying Lessee in writing. Lessee shall relocate its Premises to such other location within seven (7) days after Lessor provides written of notice, at Lessee's sole cost and expense. 15. Termination Right. Lessor or Lessee may terminate this Lease at any time during the Term, in its sole and absolute discretion, upon thirty (30) days advance written notice sent to the other party in the manner required by this Lease. Lessee: 16. Events of ,Default; Termination. a. The occurrence of any of the following shall constitute a default and material breach of this Lease by i. Any failure by Lessee to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Lessee where such failure continues for twenty-four (24) hours after written notice from Lessor to Lessee; provided that if the nature of such default is such that the same cannot reasonably be cured within twenty-four (24) hours, Lessee shall not be deemed to be in default if it shall commence such cure within such period and thereafter rectify and cure such default with due diligence in no event to exceed ten (10) days after written notice thereof from Lessor to Lessee identifying the default. b. In the event of a default by Lessee, Lessor in addition to any other remedies available to it at law or equity, including injunction, at its option, without further notice or demand of any kind to Lessee or any other person may: (1) declare the Term hereof ended and re -enter the Premises and take possession thereof and remove all persons therefrom, and Lessee shall have no further claim thereon or hereunder; and (2) even though it may have re- entered the Premises, thereafter, at its sole discretion, immediately terminate this Lease and Lessee's right to possession of the Premises by giving Lessee written notice that this Lease is terminated. 17. Holding Over. If, following the expiration of the Term or earlier termination of the Lease, possession of the Premises is not immediately surrendered to Lessor, then Lessee shall pay to Lessor on account of use and occupancy of the Premises, for each month (or any portion thereof) during which Lessee (or a person claiming by, through or under Lessee) holds over in possession of the Premises, an amount equal to two (2) times the then current market rate rent for the Premises, as reasonably determined by Lessor. Lessor's right to collect such amount from Lessee for such use and occupancy shall be in addition to any other rights or remedies that Lessor may have under this Lease, or at law or in equity. Nothing contained in this Section shall permit Lessee to retain possession of the Premises following the expiration of the Term or earlier termination of the Lease, or limit in any manner Lessor's right to regain possession of the Premises, through summary proceedings or otherwise. Lessor's acceptance of any 3 273 Contract No.: payments from Lessee after expiration of the Term or earlier termination of the Lease shall be deemed to be on account of the amount to be paid by Lessee in accordance with the provisions of this Section. Lessee expressly waives, for itself and for any person claiming through or under Lessee, any rights that Lessee or any such person may have under the provisions of legal requirements, in connection with any holdover summary proceedings that Lessee may institute to enforce the provisions of this Section. Lessee shall indemnify, defend and hold Lessor harmless from and against any and all loss, claims, demands, liabilities, damages (including, without limitation, consequential damages), costs and/or expenses (including, without limitation, attorney's fees and expenses) resulting from any failure by Lessee to surrender the Premises in the manner and condition required by this Lease upon the expiration of the Term or earlier termination of the Lease, including, without limitation, any claims made by any proposed new tenant founded upon such failure by the Lessee. 18. Restrictions on Transfer. Lessee shall not transfer, assign, sublet, enter into franchise, license or concession agreements, change ownership or voting control of, all or any part of this Lease without Lessor's prior written consent, which will not be unreasonably withheld. 19. Notices. Wherever in this Lease it shall be required or permitted that notice be given or served by either party to this Lease to or on the other, such notice, shall be given or served, and shall not be deemed to have been duly given or served unless in writing and forwarded by overnight courier, certified or registered mail, addressed to the parties at the addresses set forth above. Either party may change such address by written notice sent by certified or registered mail. 20. Governing Law. This Lease shall be construed in accordance with the laws of the State of Washington pertaining to contracts made and performed entirely therein. 21. Attorney's Fees and Costs. If either Lessor or Lessee institutes any action or proceeding against the other party relating to the provisions of this Lease or any default hereunder, the non - prevailing party in such action or proceeding shall reimburse the prevailing party for the reasonable expenses of attorney's fees and all costs and disbursements incurred therein by the prevailing party, including, without limitation, any such attorney's fees, costs or disbursements incurred on any appeal from such action or proceeding. The prevailing party shall recover all such attorney's fees, costs or disbursements as costs taxable by the court in the action or proceeding itself without the necessity for a cross - action by the prevailing party. In addition to the foregoing award of attorney's fees, costs and disbursements to the prevailing party, the prevailing party shall be entitled to its attorney's fees, costs and disbursements in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the termination of this Lease, and shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment. Further, if Lessor employs an attorney or seeks legal advice in connection with any breach of this Lease by Lessee, or any insolvency proceeding commenced by or against Lessee, all such legal costs incurred shall be payable by Lessee. Such legal costs shall include, without limitation, review of any and all notices, schedules, or petitions concerning the Lessee, attendance at creditors' meetings, negotiations with debtor or debtor's counsel, preparation and filing of any and all notices, motions, proofs of claim, objections, or any other pleadings on behalf of Lessor in any hearing regarding any matters of any nature in which the Lessor believes its rights may be affected. For purposes of this Lease, the term "attorneys' fees" or "attorneys' fees and costs" shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photostating, duplicating and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney. 22. No Waiver by Lessor. The waiver by Lessor of any breach of any term, covenant or condition contained in this Lease shall not be deemed a waiver of such term, covenant, or condition of any subsequent breach thereof, or of any other term, covenant, or condition contained in this Lease. Lessor's consent to or approval of any act by Lessee requiring Lessor's consent or approval shall not be deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent similar act by Lessee. Lessor's subsequent acceptance of partial or full rent or performance by Lessee shall not be deemed to be an accord and satisfaction or a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, or of any right of Lessor to a forfeiture of this Lease by reason of such breach, regardless of Lessor's knowledge of such preceding breach at the time of Lessor's acceptance. No term, covenant or condition of this Lease shall be deemed to have been waived by Lessor unless such waiver is in writing and executed by Lessor. 23. Miscellaneous. The invalidity or unenforceability of any particular provision(s) of this Lease shall not affect the other provisions hereof, and this Lease shall be construed in all respects as if such invalid or 4 274 Contract No.: unenforceable provisions were omitted. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement, negotiations, representations, brochures, arrangements, or understanding pertaining to any such matter shall be effective for any purpose unless expressed herein. Except to the extent required by law, including, without limitation, reporting and disclosure requirements under applicable securities laws, and except as reasonably necessary in the normal course of dealing with a party's employees, officers, directors, investors and prospective investors, attorneys, accountants, banks, lenders, advisors, and other representatives (all of whom will be required to honor the confidentiality of such information), Lessee shall not disclose the economic terms of this Lease or any material information regarding the Premises to any person without the prior written consent of Lessor. This Lease may be signed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed a single instrument. The parties agree that signatures by facsimile or other electronic transmission methods shall be accepted as originals. Lessee agrees that it will not issue a press release or publish, disseminate or otherwise make public any statement, advertisement or other public communication concerning this Lease or its operations at the Shopping Center(s) without the prior approval of Lessor, which written approval shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their duly authorized representatives as of the date first above written. LESSOR: LESSEE: Westfield Property Management LLC, City of Tulikwa a Delaware limited liability company a Washington muncipal corporation In its capacity as agent for the owner(s) of the Shopping Center(s) BY: NAME: TITLE: 5 275 Contract No.: EXHIBIT A SHOPPING CENTER INFORMATION Westfield WEA Southcenter LLC Southcenter Westfield Property Management LLC x:A0 Space to be utilized: Three exterior poster cases on the east facade of Sears. Former Concierge Center on the northeast corner of Sears. ' v -N( Y \IN E 6 276 Contract No.: EXHIBIT B Intentionally Deleted 7 277 Contract No.: EXHIBIT C Rules and Regs To ensure the quality, consistency and presentation of the Partnership Marketing program, the following rules of operation must be adhered to without exception: Prior to Installation Display: • A scale drawing of the exhibit set -up must be submitted and approved by Partnership Marketing and/or the Mall Management Office at least 14 days prior to implementation. Provision must be shown for aisles, widths between exhibits, etc. No planters, ash trays, benches, directories or center equipment may be moved at any time. Once an exhibit is positioned and approved, it may not be rearranged or moved by exhibitor. A fine will result in non - compliance. Mall Management will have final say on placement of all displays, and displays shall be placed only within areas approved by the Fire Marshall. • Displays can not exceed 6 feet in height without approval from Lessor and display must not block any retail sight lines. • A phone jack and an electrical plug may be available at many locations. It is the responsibility of the Lessee to contact the local phone company to activate the jack. If electrical plugs are unavailable, Lessor has the right to move the location of the display. Fire Regulations and Permitting: • The Shopping Center strictly enforces fire codes. The placement of the activation location or premises must have at least ten feet aisles between planters, furniture and display. Twenty feet aisles between RMU's and twelve feet from storefronts must be maintained at all times. • Electric cords may not be exposed on any part of the activation location or premises. All electrical cords coming from the floor outlet must be properly hidden at all times. • Cotton batting, straw, dry vines or other highly flammable materials shall not be used in the booth unless such materials have been flame proofed. • There shall be no open flame of any type; this will include torches, candles, soldering devices, etc. • There shall be no flammable liquids of any type; this will include paint thinners, kerosene, gasoline or other like materials. • Electrical wiring provided for the booths shall conform to the requirements of the Building and Safety Department. Only Heavy Duty cords (type S or S3) which are U.L. approved are allowed. Multiple plugs must be accompanied by a plug strip with a circuit breaker. All electrical cords shall be adequately protected against tampering. Cords crossing the pedestrian aisles shall be covered with an appropriate threshold plate to prevent pedestrians from tripping on loose cords. • Lessee must obtain all necessary permits and licenses required by local, state and federal law prior to activating their program and commencing business within their premises. Lessee must adhere to all fire codes and regulations. Contact the Fire Department for further information. The sampling of food for immediate consumption is not permitted without approval from the County Health Department. Marketing and Signage: • When advertising or publicizing your event /display, the Shopping Center name must be used as shown in Exhibit A. • Any advertisements or signage must be submitted to Lessor for approval, including, but not limited to the content, dimensions and location of all signage. • All display signs are to be professional. Handwritten signs are impermissible. • No surveys may be conducted or petitions signed unless approved by center management prior to the activity taking place. Once on property Set -up: • Set -up /Installation must take place outside of regular center hours. • All carts and dollies for moving material are required to have pneumatic tires. Rubber tires are permitted in service corridors only. Metal wheels are not allowed. Any damage to property will be charged to Lessee. 8 278 Contract No.: • Standard Shopping Center hours are 10:30 a.m. to 8:30 p.m. Mondays through Fridays; 10:00 a.m. to 9:00 p.m. Saturdays; 11:00 a.m. to 6:00 p.m. Sundays (may vary slightly per Shopping Center). Hours will vary to accommodate seasonal and holiday demands. Any Lessee who does not maintain these hours unless revised hours have been agreed upon and included in the contract will be in violation of the Lease and will be subject to immediate termination of the Lease. In case of any emergency, the mall management office must be notified immediately. • Lessee is responsible for supplying tables, chairs and other materials unless agreement states otherwise. All tables or counters must be skirted to the floor on all four sides. If event equipment is rented from Mall Management, it must be returned in the same condition that it was provided to Lessee. If it is not, damage will be assessed and charged to Lessee. • No decorations or signs are to be hung from the ceiling, soffits, pole lights, or columns or attached to walls, trees, or any other mall fixtures. • Exhibitors are responsible for providing or arranging all necessary labor in uncrating, erecting, or dismantling of displays. Maintenance personnel are not available to help with set up /take down. • Exhibitors may park at loading areas only to unload materials. Loading zones will be kept open for deliveries whenever possible. Parking in driveways, fire lanes, and loading zones is strictly prohibited. Delivery vehicles must be completely unloaded in appropriate dock and then moved out. Unattended parked vehicles in Loading Zones will be ticketed or towed at the expense of the Lessee serviced by the vehicle. • Access and deliveries through the common area of the Shopping Center or the main public entrances will only be permitted when it is physically impossible to make deliveries through the service corridor routes. Permission for deliveries through the Shopping Center must be obtained from the Management Office. No deliveries can be made during Shopping Center operating hours. Staffing: • Lessee shall at all times use the Premises for the purpose of performing the Activities in a proper manner satisfactory to Licensor and in an honest, conscientious and business -like way. • Lessee is responsible for the safety, security, and cleanliness of its own displays. Any damage to mall floors, walls, furniture or plants will be billed to the Lessee. Lessor assumes no responsibility for any loss or damage to property displayed by Lessee in the Shopping Center or parking lot. • The Premises must be staffed at times previously agreed upon between Lessee and Lessor with competent personnel, who are neat in appearance and dressed in a professional manner. The Management Office maintains the right to immediately cause the removal of such employees from the Shopping Center if such employees are not properly dressed or do not otherwise comply with these rules and regulations. • Activations and/or Premises should not be left unattended for more than 10 minutes, if applicable. • It is recommended that breaks not be taken during the peak shopping hours between 11:30 a.m. and 2:00 p.m. for staffed activations and premises. • Employees may not bring their children or pets to the Shopping Center. • Lessee is not permitted to have food, beverages or reading material at the activation location or premises, unless otherwise permitted in their Agreement. Smoking is also prohibited. Radios, heaters, fans, televisions, etc. are not allowed. • All personnel must park in employee parking areas as designated by Lessor. Parking abuse will result in ticketing and, if necessary, towing the vehicle. • Activation locations and premises must be secured at your own risk. Please make sure to contact the Management Office, if you need assistance. • Coats, pocketbooks, and other personal belongings must be stored out of sight. • Lessee shall not at anytime solicit shoppers. Soliciting is to try to obtain, to ask earnestly, to beg, or to entice shoppers persistently beyond four feet of the activation location or premises. You may, however, greet customers within four feet of your activation location or premises. • If the event/display includes street teams throughout the Shopping Center, these employees must remain in the designated areas set forth in the Lease. • The playing of any musical instrument, radio, television, or the use of a microphone, loudspeaker, or flashing/rotating lights is not permitted without Center Management approval. If allowed, the sound level should be set to a level that will not affect the businesses in the shopping center. • Cardboard boxes and trash are to be properly disposed of. The Management Office shall provide locations. • No trash will be placed in or around mall trash receptacles. Violation of the common area trash receptacle policy will result in a fine. Vehicle Display 9 279 Contract No.: Any vehicle or other apparatus which has a fuel tank and which will be used for display purposes inside the Shopping center shall meet the following requirements: a. Comply with all local fire regulations. b. Provide locked fuel caps and/or prevent caps from allowing possible leakage of flammable vapors. c. Disconnect all battery cables. d. Provide drip pans, carpet squares or other material under each tire and/or leg of heavy items. e. The fuel tank of each vehicle shall have a maximum of one gallon of gas. f. Keys to each vehicle must be left with the Mall Management. g. Dealership employee must clean the car daily before 10 a.m. h. Mall Management has the right to remove or relocate any and all vehicles at any time. i. To obtain a fire permit please contact your local fire inspector. Failure to adhere to the above and /or rectify within 2 -5 days (depending on the violation) could result in the suspension and /or terminations of the Lease until said violation is cured. Please keep a copy of these rules and regulations at your activation and/or Premises. Please review these rules often with your employees and newly hired personnel. If you would like additional copies please let the Management Office know. AGREEMENT TO ACCEPT RULES AND REGULATIONS I have read and understand the criteria for operation and agree to abide by them. I further agree to have all employees read and understand these rules and regulations. I understand that failure to do so will result in termination of activity in the Shopping Center. Lessee Name Name (Please print) Signature Date 10 280 Seattle Southside Visitor Services Satellite Visitor Information Center Pilot Project Estimated Costs Updated: 8/28/13 One -time Purchases Description Total Seattle Southside Sign Installed and created $ 3,000 2 Flat Screens 47" Vizio $579.99 each + $20.00 s &h $ 1,300 iPad mount case $ 200 TV wall mount case and installation $ 1,000 Laptop $480 $ 550 iPads 2 at $400 each $ 900 Printer /Fax /Copy $2,000 $ 2,190 Two Phones $250 $ 550 Two Chairs $300.00 $ 650 Counter Displays $75.00 each 5 $ 400 T3 Installation Cables /Wiring $95 a cable $ 600 Subtotal $ 11,340 Annual Operating Expenses 1 full time agency temp. and 2 part time $12 Employees Salaries an hour $ 67,000 Internet /Phone Service Additional line $332 for 12 months $ 4,000 Office Supplies $ 2,000 Wall Vinyl and installation 4 season pictures $ 2,000 Arrival /Departure Subscription $ 1,200 Certified brochure rack In kind value $1,500 $ - Westfield Southcenter lease In kind value $50,000 - $60,000 $ - Contingency $ 6,600 Subtotal $ 82,800 City Overhead 6.20% $ 5,837 TOTAL $ 99,977 281 282 FINANCE AND SAFETY COMMITTEE Meeting Minutes September 4, 2013 — 5:30 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; De' Sean Quinn and Kathy Hougardy (Absent: Verna Seal) Staff: David Cline, Derek Speck, Katherine Kertzman, Ashley Comar, Kristina Thorne, Noelle Cueto, Mike Villa, Gail Labanara, Peggy McCarthy, Vicky Carlsen, Laurel Humphrey Guests: Andrew Ciarrocchi, Westfield Southcenter CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Satellite Visitor Center Lease Staff is seeking Council approval to lease space at Westfield Southcenter to operate a satellite visitor information center (VIC). Seattle Southside Visitor Services (SSVS) would lease the space from Westfield and operate the VIC, funding for which would come from the lodging tax fund balance and require a budget amendment. The total lease cost would be $1 a year, and the estimate for the staffing and operation of the VIC for one year is up to $100,000. The VIC is being proposed as a pilot project with an initial duration of one year, after which the City and Westfield could renew the lease if the project is considered successful to both parties. Policies and procedures will be developed in accordance with industry standards. Staff indicated that the proposed agreement is not in final form and that terms relating to operating hours, insurance language, and termination rights are still being negotiated with Westfield. Committee members agreed that the lease agreement should not be forwarded to the entire Council until it is in its final form. In addition, they agreed that the lease agreement can move forward to a Regular Meeting, bypassing Committee of the Whole, as long as the lease agreement is in final form. FORWARD TO SEPTEMBER 16 REGULAR MEETING IF TERMS OF AGREEMENT ARE SETTLED. B. PERS / LEOFF Rates and Trends As information only, staff presented an update on City contribution rates for the Public Employees Retirement Systems (PERS) and Law Enforcement Officers and Fire Fighters (LEOFF). These plans are established by the Department of Retirement Services and managed by the State of Washington, exceed 100% funding, and are nationally among the top four pension plans in funding status. Each plan is adequately budgeted by the City. The City's adopted and expected contribution rate for the LEOFF program is 5.05 %, not the 8.41% as shown in the informational memo. INFORMATION ONLY. C. Revenue Enhancement Option — Transportation Benefit District Staff provided an overview of Transportation Benefit Districts (TBD) as a mechanism available to Washington State cities for revenue enhancement. Pursuant to RCW Chapter 36.73, TBDs are quasi - municipal corporations with independent taxing authority, including the authority to impose property taxes and impact fees for transportation- related purposes. The governing body of a TBD is the legislative authority of the city that created the district serving in an ex- officio capacity. Formation of a TBD is done by ordinance, requiring a public hearing and a finding of public interest. Funding options available through a TBD include an annual motor vehicle fee (up to $100, requiring voter approval, or up to $20, 283 284 mon City of Tukwila CITY ADMINISTRATOR REPORT The City of opportunity, the community of choice TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: October 2, 2013 SUBJECT: Report for October 7, 2013 Regular Council Meeting Jim Haggerton, Mayor The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Partnership Results in New School Success Coordinator: Human Services attended a celebration at Providence Health Services where the new partnership between Human Services, the Tukwila School District, and Providence was recognized. The Tukwila School District received $60,000 for a new School Success coordinator as a result of our coordination. • PSRC Healthy Planninq Toolkit - Interagency Workinq Group: DCD Staff attended a meeting of PSRC's Interagency Working Group on the Healthy Planning Toolkit. The meeting focused on best practices from other jurisdictions with an extensive presentation from Tacoma /Pierce County Health. Staff brought back reference material for future use. Staff will attend the next meeting in December. • Watershed Stakeholder Meetinq: Mayor Haggerton attended a Watershed Stakeholder meeting with representatives from other regional stakeholders to discuss the key concepts to include in a draft watershed investment bill. The meeting was organized by WRIA 9 and held at the Tukwila Community Center. • Kinq County City Administrators /Manaqers Monthly Meetinq: The City Administrator attended the October 2, 2013, meeting where they discussed Transportation Investment Package & AWC's 2014 Priorities; Special Purpose District Relationships; Solid Waste Transfer Station Update and SCA (Sound Cities Association) provided an update. • Kinq County Strateqic Plan Update: King County is updating its strategic plan and is seeking input. They have a website at OneKingCouny.info to receive information. The City Administrators /Managers met with County representatives and provided their ideas on how to work cooperatively and regionally on such issues as affordable, quality housing; infrastructure; transit; economic development and the environment • Pacific Northwest Diqital Government Summit: IT and Government Relations staff attended the Pacific Northwest Digital Government Summit October 2 -3 in Tacoma. The Summit focused on addressing policy, management, and technology issues surrounding the future of digital government. • Soundside Alliance - Hiqhline Forum Joint Meetinq: Economic Development staff attended the joint Soundside Alliance - Highline Forum meeting where they discussed 285 City Administrator Report Page 2 Soundside Alliance Update; Port of Seattle Update; 2014 Legislative Positions Discussion and Emerging Issues. II. Community Events • Meetinq about Homeless Children: Human Services and Tukwila School District will be hosting a meeting for faith based leaders on October 16 to talk about homeless children and families in the School District. • Kinq County Small Business Awards: The City's nominee for the "Green /Sustainable Small Business of the Year" award, EWC Group, Inc. was selected as one of 3 finalists for the award. EWC preserves the environment by dismantling and recycling electronic waste. The Mayor and staff attended the awards ceremony and though EWC did not win this year, they were delighted to be a finalist and will continue their efforts to reduce materials in landfills and sustain high environmental standards throughout the entire product recycling chain. • Up With People: About 20 young people from Up With People worked with Parks and Recreation staff and volunteers to remove invasive plants along the Duwamish River as one of their community service projects. The City partnered with the local Southcenter Rotary club and other regional clubs to support this activity. The group includes over 100 singers, ages 18 -22, representing over 20 countries and they were delighted to be in our community. • HERO Scholarship Proqram: Parks & Recreation Department staff coordinating fundraising events at Barnes & Noble (October 5th) and California Pizza Kitchen (October 15th). Funds raised will be used to support basketballs for Youth & Teen Basketball League participants and HERO scholarships for low income Tukwila youth, teens and seniors to participate in recreation programs. III. Staff Updates Public Safety • Community Emerqency Response Team (CERT) traininq session: Emergency Management and Fire have teamed to provide another Community Emergency Response Team (CERT) training session. The current session will graduate 12 community members at its conclusion. • Fire Department Strateqic Planninq: The internal planning team will meet on October 9, 2013 for the purpose of beginning to organize feedback from members and stakeholders. • Meetinq with Coploqic: The police department had a "Kick Off" meeting with a representative from Coplogic via WebEx for a demonstration and also to discuss the implementation of our Online Police Reporting project. Online Reporting enables us to collect reports from citizens online so that patrol and detective resources can better meet the needs of the community. • Tukwila Pool /Foster Hiqh School Swim Class: The Tukwila Pool has been working with Foster High School staff to offer swim classes as part of school year curriculum. The boys swim class has students of all swim levels; four were non - swimmers at the beginning of the class. One non - swimmer needed to be rescued three different times during the first month of class, now he is swimming 20 yards beginning in the deep end of the pool. This is the first year swim courses have been offered as part of the school curriculum. Project Updates • Tukwila South: The Hearing Examiner has granted preliminary plat approval to Segale Properties, LLC for a 47 -lot plat in Tukwila South. The next step will be for the applicant to complete infrastructure and improvements necessary to serve the lots in the plat. The 286 City Administrator Report Page 3 applicant has indicated that it will likely seek final approval in the next two to three years. The preliminary approval is valid for seven years. • BNSF: Staff has received a draft Request for Proposal from BNSF in regard to alternatives for southern access to the Intermodal Facility located in Allentown and is currently reviewing the document for content and legal applicability. Consideration is also being given to the most efficient way to proceed with the livability study. • Sound Transit — Tukwila International Boulevard (TIB) Liqht Rail Station: Staff met with Sound Transit representatives to discuss the initial proposal to reduce crime at the TIB Light Rail Station by reducing the hours of the public restrooms. After the Police Department conducted research, it was determined that the restrooms were not a key component to security issues. The Police will work cooperatively with Sound Transit security to improve security at the station. The public restrooms will remain open. • Strategic Plan Implementation (Liaisons): Discussions have been held with the City's Community Connectors (liaison) team and Global to Local staff regarding the City's community outreach efforts. The pilot project for this program will enlist the help of liaisons to share information and gather input regarding the housing element of the Comprehensive Plan update. • Cultural Competency: A consultant has been selected to provide cultural competency training to staff. This work will begin in the next several months and continue through 2014. Community Services • National Voter Reqistration Day: On September 24, 2013, the City participated in National Voter Registration Day. IV. Responses to Council /Citizen Inquiries Response to Councilmember Kruller's Inquiry about "FirstNet ": Emergency Management (EM) attended a presentation by the State addressing "FirstNet ". Each governor will have to "opt in /out" sometime in late 2014, early 2015. State EM is watching this closely and will keep local EM's updated. EM Grisham will continue to monitor this as it moves forward through the government channels. 287 288 Upcoming Meetings & Events October 2013 The old South 178th Street will be closed from September 30th through October 30th, depending on weather, for the final paving and utility tie -ins from the old to the new roadway. Visit . . . .tau I v :.g.2yL .2.g..!1... I 7th (Monday) 8th (Tuesday) 9th (Wednesday) 10th (Thursday) 11th (Friday) 12th (Saturday) > Civil Service Commission, 5:00 PM (CR #3) ➢ Utilities Crate, 5:00 PM (CR #1) D City Council Executive Session, 6:15 PM (NOTE CR #3) D City Council Regular Mtg., 7:00 PM (Council Chambers) Deadline for mail-in and online registration for the November General Election. For information, go to ...................... ovleiectiotns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Finance & Safety Crate, 5:30 PM (CR #3) So. Tukwila International Boulevard Action Crate, 7:00 PM (Community Center) D Joint City Council/ Executive Staff Meeting. 5:30 PM (Community Center, Room A) Council Chat 10:00 AM to 12:00 NooN Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500 Interurban Ave S) 14th (Monday) 15th (Tuesday) 16th (Wednesday) 17th (Thursday) 18th (Friday) 19th (Saturday) D Community Affairs & Parks Crate, 5:15 PM (CR #3) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council ( Chambers) D Transportation Crate, 5:15 PM (CR #1) D Parks Commission, 5:30 PM (Community Center) D Tukwila Historical Society, 7:00 PM (Tukwila Heritage & Cultural Center, 14475 59`" Ave 8,) Tukwila Pool 40th Birthday Bash! -Swim or sponsor a swimmer for the swim - a - thon from 10:00 - 11:00 AM - Special open swim from 1:00 - 5:00 PM - Purchase a 3 -month pass for $40! Restore the Duwamish Shoreline Challenge 10:00 AM— 2:00 PM Meet at the Green River Trail @ BECU Campus (12770 Gateway Drive) For more information: i r;xc; /orient orv'' eroents. Volunteer Work Party at Duwamish Hill Preserve 10:00 AM— 1:00 Meet at the parking lot at 115th St. entrance. For more information.. .iEL L. bterra. ...... ............................. .!.q::.:'.v:'..«::'. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf Room #3 (A) Ethics Code ordinances. (B) A resolution regarding Council benefits. (C) An ordinance regarding Council compensation. (D) A resolution for the cancellation and reporting of 2013 unclaimed property. (E) An ordinance amending Ordinance No. 2408 relating to the Final Assessment Roll for LID No. 33. > Parks Commission: 3rd Wed., 5:30 PM, Meeting Room B at Community Center. Contact Dave Johnson at 206 - 767 -2308. > Transportation Committee: 2nd & 4th Tues., 5:15 PM, Conf Room #1 > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Brodin at 206 - 433 -1861 >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. (A) Ordinance approving Franchise Agreement with Electric Lightwave, LLC. (B) HHD Flood Response - Tukwila Hesco removal project Completion and Acceptance. 289 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. October 7 See agenda packet cover sheet for this week's agenda (October 7, 2013 Regular Meeting). 14 Special Presentation: 21 Unfinished Business: 28 Special Presentation: Pilot Parking Program at Tukwila Light Rail Station. Special Issues: -An ordinance amending the Comprehensive Plan. -An ordinance updating the TMC for the Parks Commission. - Southcenter Parkway Final Acceptance. -TUC Pedestrian Bridge Grant Acceptance. Facilities Study Update. -An ordinance amending the Comprehensive Plan. -An ordinance updating the TMC for the Parks Commission. - Southcenter Parkway Final Acceptance. -TUC Pedestrian Bridge Grant Acceptance. November 4 Special Presentations: 12 (Tuesday) Special Presentation: 18 Unfinished Business: 25 Special Issues: - Presentation from King County Councilmember Julia Patterson. -3rd Quarter Update on TIB /Strategic Plan. -Code Enforcement Update. Unfinished Business: Growing Transit Communities Briefing. Public Hearing: -Tax Levy Legislation. -An ordinance updating the Tukwila Municipal Code regarding the Arts Commission. - Purchase and Sale Agreement with King County Library System. -Tukwila Village boundary line adjustment. Pros Plan Phase 4 Update. -An ordinance increasing the regular property tax levy one percent from the previous year beginning January 1, 2014, on all property, both real and personal, in compliance with RCW 84.55.120; providing for severability and establishing an effective date. - Budget amendment Ordiaince. Special Issues: Formation of Non- Profit for management of plaza at Tukwila Village. -Tax Levy Legislation. - Budget amendment Ordinance. -An ordinance updating the Tukwila Municipal Code regarding the Arts Commission. - Purchase and Sale Agreement with King County Library System. - Tukwila Village boundary line adjustment. 290