HomeMy WebLinkAboutCOW 2010-12-13 COMPLETE AGENDA PACKET 0 4 ii _A 4 Tukwila City Council Agenda
c 4�y COMMITTEE OF THE WHOLE
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Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez
Steve Lancaster, City Administrator Allan Ekberg Verna Seal
90: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn
To be followed by a Special Meeting
Monday, December 13, 2010, 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. CITIZEN At this time, you are invited to comment on items not included on this agenda
COMMENT (please 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.
3. SPECIAL ISSUES a. Authorize the Mayor to sign a contract with CH2M Hill for construction Pg.1
management support for the Tukwila Urban Center Access (Klickitat)
project in the amount of $2,024,137.02.
b. Authorize the Mayor to sign Supplemental Agreement #12 with HNTB for Pg.51
construction engineering support for the Tukwila Urban Center Access
(Klickitat) project in the amount of $171,062.00.
c. Authorize the Mayor to sign agreements with Integra Telecom for 2011- Pg.71
2012 phone services in an amount not to exceed $125,000.00.
d. Authorize the Mayor to sign a contract with Kirshenbaum and Goss for Pg.79
2011 -2012 public defender services in the amount of $10,315.80 per
month, plus per rate cases.
e. Authorize the Mayor to sign a contract with Kirshenbaum and Goss for Pg.89
2011 -2012 video defense services in the amount of $1,800.00 per
month.
f. Authorize the Mayor to sign a contract with Ball Janik for 2011 -2012 Pg.99
lobbying services in the amount of $5,833.00 per month.
g. Authorize the Mayor to enter into an Interlocal Agreement with the Pg.113
Yakima County Department of Corrections for 2011 inmate housing.
4. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
5. MISCELLANEOUS
6. EXECUTIVE SESSION
7. ADJOURN TO SPECIAL MEETING
(continued..)
BLANK
COMMITTEE OF THE WHOLE
Monday, December 13, 2010
Page 2
SPECIAL MEETING
Ord #2321 Res #1732
1. CALL TO ORDER ROLL CALL
2. CONSENT AGENDA a. Approval of Minutes: 11/22/10 (SpeciaiMtg.)
b. Approval of Vouchers.
3.UNFINISHED a. Authorize the Mayor to sign a contract with CH2M Hill for construction Pg.1
BUSINESS management support for the Tukwila Urban Center Access (Klickitat)
project in the amount of $2,024,137.02.
b. Authorize the Mayor to sign Supplemental Agreement #12 with HNTB Pg.51
for construction engineering support for the Tukwila Urban Center
Access (Klickitat) project in the amount of $171,062.00.
c. Authorize the Mayor to sign agreements with Integra Telecom for 2011- Pg.71
2012 phone services in an amount not to exceed $125,000.00.
d. Authorize the Mayor to sign a contract with Kirshenbaum and Goss for Pg.79
2011 -2012 public defender services in the amount of $10,315.80 per
month, plus per rate cases.
e. Authorize the Mayor to sign a contract with Kirshenbaum and Goss for Pg.89
2011 -2012 video defense services in the amount of $1,800.00 per
month.
f. Authorize the Mayor to sign a contract with Ball Janik for 2011 -2012 Pg.99
lobbying services in the amount of $5,833.00 per month.
g. Authorize the Mayor to enter into an Interlocal Agreement with the Pg.113
Yakima County Department of Corrections for 2011 inmate housing.
4. 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/TDD 206 248 2933). This notice is available at
www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
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COUNCIL G I NDA SYNOPSIS
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ITEM INFORMATION
1 CAS NUMBER: 10-143 IORIGIN :1L AGENDA DATE. DECEMBER 13, 2010
AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat) Project
Construction Management Services with CH2M Hill
CATEGORY Discussion Motion n Resolution I 1 Ordinance I I Bid Award Public Heanng I I Other
Altg Date 12/13/10 IVItg Date 12/13/10 Mtg Date illtg Date Mtg Date Mtg Date Altg Date
1SPONSOR Council Mayor 1 I Adm Svcs DCD I Finance 111 Fire n Legal I I P&R I Police PIT%
SPONSOR'S Requests for construction management proposals were advertised with eleven proposals
SUMMARY submitted and four firms interviewed. CH2M Hill rated the highest with the most qualified
team to deal with the complex construction issues for the Tukwila Urban Center Access
Project. The CH2M Hill contract will supplement in -house construction management
capabilities for a fee of $2,024,137.02. Council is being asked to approve the contract with
CH2M Hill.
REVIEWED BY n COW Mtg. 1 1 CA &P Cmte 1 F &S Cmte Transportation Cmte
U Utilities Cmte Arts Comm. Parks Comm. I I Planning Comm.
DATE: 12/06/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole Special
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$2,024,137.02 $2,611,243.00
Fund Source: 104 ARTERIAL STREETS (PAGE 15, 2011 PROPOSED CIP)
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
12/13/10
12/13/10
MTG. DATE I ATTACHMENTS
12/13/10 1 Informational Memorandum dated 12/01/10
Consultant Selection Scoring Sheet
Consultant Contract with Scope of Work Fee
Minutes from the Transportation Committee meeting of 12/06/10
12/13/10 1
1
2
o -j sZ City of Tukwila
a d b, Q W Jim Haggerton, Mayor
4o& INFORMATIONAL MEMORANDUM
TO Mayor Haggerton
Transportation Committee
FROM Public Works Director -1
DATE December 1, 2010
SUBJECT Tukwila Urban Center Access (Klickitat) Project
Project No. 98410419
Construction Management Contract with CH2M Hill
ISSUE
Approve Construction Management contract with CH2M Hill for the Tukwila Urban Center (TUC)
Access (Klickitat) Project.
BACKGROUND
The TUC Access project is scheduled to start construction in early 2011 While in -house City
staff will provide lead Construction Management on the project, due to the tight timeline for
construction, a significant number of additional resources will be required to supplement in-
house capabilities The City advertised for consulting services and received eleven (11)
proposals that were rated by a selection panel The top four (4) firms were interviewed,
AECOM, CH2M Hill, Jacobs and Parametrix. CH2M Hill was rated the highest by the cumulative
scores of the interview panel.
DISCUSSION
The CH2M Hill contract will include full time field engineering, inspection and documentation
compliance support, including multi -shift capability if necessary, as well as on -call specialty
support staff. The fee of $2,024,137.02 is reasonable for the scope of work provided by CH2M
Hill for this complex project. The total revised Construction Management budget is 20% of the
construction contract plus contingency ($10,880,180 2,176,036 x 20% $2,611,243)
CM Expenses Budget
CH2M Hill CM Inspection $2,024,137.02
HNTB Sup #12 Construction Eng Support 171,062.00
City CM Staff, WSDOT, Misc Expenses 389,885 00
Klickitat CM Budget (CIP page 15) 0 00 $2,513,000 00
Construction Budget to Supplement CM 0 00 98,243.00
Total Contract and Budget $2.585.084.02 $2.611.243.00
RECOMMENDATION
Approve the construction management contract with CH2M Hill in the amount of $2,024,137 02
and consider this item at the December 13, 2010 Committee of the Whole meeting followed by a
Special Meeting that same night.
Attachment: Consultant Selection Scoring Sheet
Consultant Contract Including Scope of Work and Fee
W:IPW EngIPROJECTSIA- RW RS Projects184RW19 TUC Access (Klickilat)llnfo Memo for CH2M Hill CM 12- 1- 10.doc 3
o /2/ w a
TUC Access (Klickitat) k u m x P S i l l e c oe v -c a w .o iv
CM Consultants Proposal .0 a 4 ,o v m v u 3
U 7t -P co U c m U 1
Y 0 W W 0 m .i o 4 Q u a d r i u Lu 2:.)
40% Score
PETER's MIKE's CYNDY's ROBIN's TOTAL AVERAGE from TOTAL
Submitter 200 200 150 150 150 100 50 1000 Ranking Ranking Ranking Ranking Ranking Ranking Ranking Ranking
AECOM 136 150 124 121 125 89 48 793 4 3 2 4 13 3.25 1 5.2
BEK N 98 86 93 71 83 60 41 531 10 9 10 10 39 9 75 10
CH2M.1-1i11 134 150 113 115 126 84 46 768 1 4 8 1 14 3.50 2 5.6
CMTS 103 85 93 76 90 61 40 548 9 9 11 9 38 9 50 9
Hill Intemational, w 95 91 85 94 69 48 36 518 11 11 9 11 42 10.50 11
Jacobs 130 154 123 120 120 83 49 778 4 2 1 7 14 3.50 2 5 6
KBA 141 128 126 113 114 71 50 743 6 4 5 5 20 5 00 6
Kenedy /Jenks 136 136 128 101 115 76 50 743 8 6 4 3 21 5.25 7
Parametrix 149 136 128 118 113 80 49 771 3 1 3 8 15 3.75 4 6
Perteet 138 111 121 110 103 70 49 701 7 8 5 6 26 6.50 8
WH Pacific' 125 134 109 138 123 73 50 750 2 7 7 2 18 4.50 5
Klickitat CM Consultant Interviews
60%
Score
from
PETER's MIKE's CYNDY's ROBIN's TOTAL TOTAL Total Score from Proposal
Ranking Ranking Ranking Ranking Ranking ranking Interview Ranking
I I 1 1 I
AECOM 1:= 1 4 3 1 4 12 1 7.2 12.4 4
CH2M Hill 1 I 2 1 4 1 I 8 I 4.8 10 4 l 1
Jacobs r 1:. "1 2 I 4 1 3 1 2 I 11 1 6.6 12.2 I 3
Narametrix '1 -1 3 I 1 I 2 3 1 9 I 5.4 114 1 2
Lowest score is the highest rated consultant.
W. \PW Eng \PROJECTS\A- RW RS Projects\84RW19 TUC Access (Klickitat) \CM RFP Evaluation Spreadsheet 12 -1 -10 12/02/2010
Local Agency Consultant/Address /Telephone
CH2M HILL, Inc.
Standard Consultant 1100112th Avenue NE
Agreement Suite 400
Bellevue, WA 98004
Architectural /Engineering Agreement
Personal Services Agreement (425) 453
Agreement Number
84 19 Project Title And Work Description
Federal Aid Number Consultant will provide construction management
STP 1037(003) HPP 999(474) HPP 999(475) services related to the Tukwila Urban Access
Agreement Type (Choose one) Improvement Project, 84
Lump Sum
Lump Sum Amount
Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method DBE Participation
Yes No
Actual Cost
Federal ID Number or Social Security Number
Actual Cost Not To Exceed 59- 0918189
Fixed Overhead Rate Do you require a 1099 for IRS? Completion Date
Fixed Fee
Yes No February 29, 2012
Specific Rates Of Pay Total Amount Authorized 2,024,137.02
Negotiated Hourly Rate
Management Reserve Fund
Provisional Hourly Rate
Cost Per Unit of Work Maximum Amount Payable 2,024,137.02
Index of Exhibits (Check all that apply):
Exhibit A -1 Scope of Work Exhibit G -2 Fee -Sub Specific Rates
Exhibit A -2 Task Order Agreement Exhibit G -3 Sub Overhead Cost
Exhibit B -1 DBE Utilization Certification Exhibit H Title VI Assurances
Exhibit C Electronic Exchange of Data Exhibit I Payment Upon Termination of Agreement
Exhibit D -1 Payment Lump Sum Exhibit J Alleged Consultant Design Error Procedures
Exhibit D -2 Payment Cost Plus Exhibit K Consultant Claim Procedures
Exhibit D -3 Payment Hourly Rate Exhibit L Liability Insurance Increase
Exhibit D -4 Payment Provisional Exhibit M -la Consultant Certification
Exhibit E -1 Fee Lump/Fixed/Unit Exhibit M -lb Agency Official Certification
Exhibit E -2 Fee Specific Rates Exhibit M -2 Certification Primary
Exhibit F Overhead Cost Exhibit M -3 Lobbying Certification
Exhibit G Subcontracted Work Exhibit M -4 Pricing Data Certification
Exhibit G -1 Subconsultant Fee App. 31.910 Supplemental Signature Page
THIS AGREEMENT, made and entered into this day of 2010
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 Page 1 of 8
Revised 3/2008
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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.
1 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 he 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 early 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 lirin 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 iaf this AGREEMENT are instruments of serviee 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
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IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terns 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 dale.
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 C.FR 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
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third party as a consequence of any act or omission on the part of the CONSULTANTS 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 49.60.150
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 he made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Ternminate, 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 nnmediately 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.
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In such an event, the amount to be paid shall be determined by the AGENCY with consideration given w the actual
costs incurred by thc 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 thc 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 thc 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 thc 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 thc 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 ofby 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. lithe 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 m 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.
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XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
clone under this AGREEMENT This contract shall be interpreted and construed in accordance with the laws of the
Stale 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 CONS'ULTANT'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 RC :W 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, daily, 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 its 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
10
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 al any time, by written order, snake 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, perfomrance 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 (F3) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to he increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
II the CONSULTANT shall place then 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 he bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terns 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 he simultaneously execute] 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
11
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
4
7
By r I r 1 r7c L By
Timothy &evan, Sr Chtnl Service Manager
Consultant CH2M HILL, Inc. Agency City of Tukwila
DOT Form 140 -089 EF
Revised 3 /2008 Page 8 of 8
12
Exhibit A-1
Tukwila Urban Access
Improvement Project
84 -RW19
City of Tukwila
Scope for
Construction Management Services
November 2010
13
INTRODUCTION
During the term of this AGREEMENT, CH2M HILL, INC (CONSULTANT) shall
perform professional services for the City of Tukwila (AGENCY) in connection
with the following project:
PROJECT 84 -RW19
TUKWILA URBAN ACCESS IMPROVEMENT PROJECT
PROJECT DESCRIPTION
The Tukwila Urban Access Improvement Project will enhance access, reduce
congestion and reduce accidents near the Southcenter Mall. A large portion of
traffic visiting the Southcenter area travels through the Southcenter
Parkway /Klickitat Drive intersection. Because of this, Southcenter Parkway's
intersections with the mall entrance, Klickitat Drive, and the Northbound 1 -5 off
ramp suffer severe congestion, and traffic often extends all the way up the ramp
onto the Northbound 1 -5 shoulder. Similarly, on Northbound Southcenter
Parkway, traffic can backup through these intersections and beyond Strander
Boulevard
Improvements include constructing a grade separation between southbound
Southcenter Parkway traffic and all other traffic at its intersection with Klickitat
Drive. This reduces congestion for traffic turning west onto Klickitat Drive from
Northbound Southcenter Parkway to access the Southbound 1 -5 on -ramp.
Klickitat Drive also provides convenient access to and from SR 518 and the
airport, and congestion on these routes will be reduced as a result of the
improvements.
The Tukwila Urban Access Improvement Project includes the rehabilitation and
reconstruction of approximately 2,500 linear feet of Southcenter Parkway
between the vicinity of Bahama Breeze and the vicinity of Doubletree Guest
Suites. Project elements include construction of a cast -in -place reinforced
concrete slab bridge, soldier pile retaining walls, structural earth retaining walls,
sidewalks, landscaping, concrete barrier, traffic signals, illumination, asphalt
paving, storm drainage system, utilities, and other improvements.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
14
GENERAL
CONSULTANT will provide Construction Management Services (CM) as defined
below. These services are intended to assist the AGENCY to administer the
contract for construction, observe the performance of the construction Contractor
"Contractor confirm that the Contractor's work is in general compliance with
with the contract documents, and assist the AGENCY in responding to events
that occur during the construction. These services are based upon the
understanding that the AGENCY will contract directly with the Contractor and will
be actively involved in the construction process to make decisions, provide
approvals, and perform other actions necessary for the completion of the
construction. These services are also based upon the AGENCY executing a
contract for construction with the Contractor that provides the requisite authority
for CONSULTANT to fulfill its responsibilities
The CONSULTANT is not responsible for any costs, claims, or judgments arising
from or in any way connected with the errors, omissions, conflicts or ambiguities
in the Contract Documents prepared by others The CONSULTANT does not
have responsibility for the professional quality or technical adequacy or accuracy
of the design plans or specifications.
CONSULTANT's services are based upon the assumption that the construction
on this project will be substantially complete by the Contractor by November, 16,
2011, and the end date for this Construction Management Services contract will
be February 29, 2012. Deviations from the anticipated schedule or duration of
construction will materially affect the scope of these services and
CONSULTANT's compensation for the services, and will require an adjustment to
CONSULTANT's compensation. CONSULTANT will not perform services beyond
the agreed to contract scope without written authorization from the AGENCY.
The level of effort to perform the work described is generally based on a standard
five day work week and standard eight hour workday, but also includes an
assumption of five months of five day work weeks with an additional eight -hour
shift at night.
The services listed below will be provided in accordance with applicable
guidelines from the most current (as of execution of this Agreement) versions of
the WSDOT Construction Manual, Project Specifications, AGENCY guidelines,
and the WSDOT Local Agency Guidelines (LAG) Manual. These CONSULTANT
services include, but are not limited to:
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
15
1.0 PRECONSTRUCTION SERVICES
Preconstruction Services may include, but are not limited to, the following
tasks as requested by the City:
Preparation, attendance, and documentation of meetings with the City,
its Contractor, utility companies, businesses and citizens.
Documentation of existing conditions on the project through photos
and video.
Arranging, coordinating, leading and taking minutes for a pre
construction conference.
Reviewing construction contract documents and preparing lists of
items needed from the Contractor and /or City prior to granting a full
Notice to Proceed to the Contractor.
Preparing lists of anticipated and necessary submittals for specific
milestones during the Contract.
2.0 CONSTRUCTION MANAGEMENT SERVICES
2.1 Establish Document Manaaement System: CONSULTANT will establish a
system and set of procedures for managing, tracking and storing relevant
documents between the Contractor, CONSULTANT and AGENCY produced
during the Construction and Closeout phases of the project. CONSULTANT will
utilize an appropriate computer based document management system selected
by CONSULTANT and AGENCY. CONSULTANT will, in coordination with the
AGENCY, maintain hard copy records, suitably organized, of relevant
documentation.
CONSULTANT will also implement procedures for the logging and tracking of
relevant correspondence and documents. CONSULTANT will assist the
AGENCY in monitoring outstanding decisions, approvals or responses required
from the AGENCY.
2.2 Conduct Pre Construction Conference: CONSULTANT shall coordinate and
attend one pre- construction conference with the Contractor to review the project
communication, coordination and other procedures and discuss the Contractor's
general work plan and requirements for the project. CONSULTANT will take
minutes and distribute to the attendees
2.3 Conduct Proiect Site Meetings: CONSULTANT will conduct weekly meetings with
the Contractor and will prepare the minutes of these meetings.
2.4 General CM Support: CONSULTANT will provide services in coordinating the site
activities, administering the contract for construction, monitoring the contractor's
performance, responding to design and technical submittals, and closing out the
contract for construction. The following services are included as part of this task.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
16
2.4.1 Proaress Payments: CONSULTANT will prepare Contractor pay requests,
including appropriate documentation of force account, lump sum, and bid items.
Pay requests will be developed based on the Contractor's monthly submittal of
the cost loaded schedule. CONSULTANT will use the Project Specifications,
AGENCY guidelines and WSDOT Local Agency Guidelines (LAG) Manual in the
preparation of the contractor's pay request. CONSULTANT will advise the
AGENCY as to the status of the total amounts requested, paid, and remaining to
be paid under the terms of the contract for construction.
Recommendations by CONSULTANT to the AGENCY for payment will be based
upon CONSULTANT's review of the Contractor's monthly cost loaded schedule
submittal, as well as on CONSULTANT's measurements calculations and /or
other information. Such recommendations do not represent that the Contractor
has completed the work in exact accordance with the contract for construction;
that CONSULTANT has made an examination to ascertain how or for what
purpose the Contractor has used the moneys paid, that title to any of the work,
materials or equipment has passed to the AGENCY free and clear of liens,
claims, security interests, or encumbrances.
2.4.2 Field Instructions and Orders: CONSULTANT will issue field instructions, orders
or similar documents during construction as provided in the contract for
construction.
2.4.3 Correspondence and Communications: CONSULTANT will implement and
maintain regular communications with the Contractor during the construction
CONSULTANT will receive and log communications from the Contractor and will
coordinate the communications between the AGENCY and Contractor.
CONSULTANT will not provide direction directly to the Contractor's
subcontractors. CONSULTANT will prepare written communications to the
Contractor and provide recommendations to the AGENCY for written
communications between the AGENCY and Contractor.
2.4 4 Traffic Control: CONSULTANT will review Contractor prepared traffic control
plans, and will make recommendations to the AGENCY regarding the
acceptability of the Contractor's plans.
2.4.5 Environmental /Aaencv Permits: CONSULTANT will review the requirements
stipulated in the AGENCY's permits issued by regulatory and environmental
agencies. CONSULTANT will provide an Environmental Compliance Officer
(ECO) who will review the project once per week to review and make
recommendations on environmental permit compliance. The ECO will have a
minimum of 10 years of Federal permitting experience on public works projects,
and 5 years of experience overseeing environmental compliance on Federally
funded projects.
2.4.6 Review of Contractor's Reauested Chanaes: CONSULTANT shall review
construction contract changes. CONSULTANT will make recommendations to the
AGENCY regarding the acceptability of the Contractor's request and, upon
approval of the AGENCY, assist the AGENCY in negotiations of the requested
change. Upon agreement and approval, CONSULTANT will prepare final change
order documents and Info Memos for execution by the AGENCY and the
Contractor.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
17
2.4.7 Change Order Reports CONSULTANT will provide periodic reports to the
AGENCY about the status of Change Orders. The report shall include issued
Change Orders, pending change orders, and change order amounts.
2.4.8 Claims and Disputes: CONSULTANT will receive, log, and notify the AGENCY
about letters and notices from the Contractor concerning claims or disputes
between the Contractor and AGENCY pertaining to the acceptability of the work
or the interpretation of the requirements of the contract for construction.
CONSULTANT will review letters and notices and will discuss them with the
Contractor as necessary to understand the claim or dispute. CONSULTANT will
advise the AGENCY regarding the Contractor's compliance with the contract
requirements for such claims and disputes. CONSULTANT will assist the
AGENCY in discussions with the Contractor to resolve claims and disputes.
CONSULTANT will provide assistance to setup a Disputes Review Board,
organize quarterly Disputes Review Board meetings, and will prepare quarterly
updates for the Disputes Review Board CONSULTANT will use the Project
Specifications and LAG Manual in the resolution of and claims and disputes. The
AGENCY and Contractor will pay all of the expenses of the Disputes Review
Board members.
CONSULTANT will not issue decisions on Contractor claims or disputes.
CONSULTANT will not, except as part of Additional Services, undertake
comprehensive investigation or analysis of Contractor's claims and disputes, nor
participate in judicial or alternative dispute resolution procedures for the claims or
disputes.
2.4.9 Contractor's Schedule Submittal: CONSULTANT will review and provide
technical analysis of the Contractor's construction schedule to confirm it is
consistent with the requirements of the contract for construction. CONSULTANT
will advise the Contractor of any areas where the schedule is not in compliance
with the contract for construction. CONSULTANT will provide comments to the
AGENCY to assist the AGENCY in approving, accepting or taking other action on
the contractor's schedule, in accordance with the contract for construction.
CONSULTANT's review and comments shall not be considered as a guarantee
or confirmation that the Contractor will complete the work in accordance with the
contract for construction.
2.4.10 Contractor's Schedule Updates: CONSULTANT will review the Contractor's
regular schedule updates or other schedule submissions. CONSULTANT will
advise the Contractor if the updates or other submissions are not in accordance
with the contract for construction. CONSULTANT will provide comments to the
AGENCY regarding the updates or other submissions. CONSULTANT will
monitor the Contractor's progress on a weekly basis and report any significant
changes to the project's available float and /or the project's critical path.
CONSULTANT's review and comments shall not be considered as a guarantee
or confirmation that the Contractor will complete the work in accordance with the
contract for construction.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
18
2.4 11 Effect of Change Orders CONSULTANT will review information submitted by the
Contractor regarding the effect of proposed or issued Change Orders upon the
construction schedule, duration and completion date. CONSULTANT will advise
the AGENCY as to the potential impact of proposed or issued Change Orders.
CONSULTANT will assist the AGENCY in discussions with the Contractor
concerning the potential impact of proposed or issued Change Orders.
2.5 Final Inspection Closeout Warranty: CONSULTANT will assist the AGENCY in
issuing documents for substantial completion and acceptance of the work.
CONSULTANT will advise the AGENCY on payment, and partial release of
retention. CONSULTANT will assist the AGENCY in issuing documents for final
completion and acceptance of the work. CONSULTANT will provide to the
AGENCY an organized set of project documents and records. CONSULTANT is
not responsible for any unauthorized reuse or alteration of project documents.
3.0 RESIDENT INSPECTION
3.1.1 Resident Inspection: CONSULTANT will conduct daily on -site inspections of the
Contractor's work for the purposes of determining if the work generally conforms
to the contract for construction and that the integrity of the design concept as
reflected in the contract for construction has been implemented and preserved by
the Contractor. CONSULTANT will supervise a team of field inspection staff, who
will prepare written Inspector Daily Reports (I DR's), and other records of their
inspections, which will be provided to the AGENCY.
CONSULTANT's inspection staff will arrange for daily photographs of the work in
progress by the Contractor, which will be provided to the AGENCY. Photographs
will be labeled when necessary to determine location of work.
CONSULTANT's observations and inspection of the work is not necessarily an
exhaustive observation or inspection of all work performed by the Contractor.
CONSULTANT does not guarantee the performance of the Contractor.
CONSULTANT's observations shall not relieve the Contractor from responsibility
for performing the work in accordance with the contract for construction
3 1.2 Deficient and Non conforming Work: Should CONSULTANT discover or believe
that any work by the Contractor is not in general accordance with the contract for
construction, or is otherwise defective, or not conforming to requirements of the
contract or applicable rules and regulations, CONSULTANT will bring this to the
attention of the Contractor and the AGENCY. CONSULTANT will thereupon
monitor the Contractor's corrective actions and shall advise the AGENCY as to
the acceptability of the corrective actions. At the advanced approval of AGENCY,
CONSULTANT will issue Correction Notices or Stop Work Notices
3.1.3 Performance and Witness Testing CONSULTANT will attend and witness field
and factory performance tests as specified in the contract for construction.
CONSULTANT will provide off -site fabrication inspectors for off -site fabrication
inspection services. CONSULTANT will coordinate such testing as required by
the AGENCY.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
19
3.1.4 Reaulatory and Third Party Testina and Inspections: CONSULTANT will monitor
the Contractor's coordination of inspection and testing by regulatory and third
party agencies that have jurisdiction over the project.
3.1.5 Subsurface and Physical Conditions: Whenever the Contractor notifies
CONSULTANT or AGENCY of differing subsurface or physical conditions at the
site CONSULTANT will advise the AGENCY as to the appropriate action(s), and
will assist the AGENCY in responding to the Contractor.
Substantial and Final Completion: CONSULTANT will assist the AGENCY with
inspections at substantial and final completion, in accordance with the contract
for construction. CONSULTANT will prepare punch lists of items requiring
completion or correction by Contractor. CONSULTANT shall make a statement to
the AGENCY that to the best of CONSULTANT's knowledge, information and
beliefs, based upon its observation of the work, the project has been completed
in general accordance with the Contract Documents. CONSULTANT will
assemble and submit to AGENCY guarantees and warranties required to be
furnished by the Contractor under the construction Contract Documents.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
20
3 1.6 Field Office: CONSULTANT will staff an AGENCY provided field office on the
project site for purposes of providing inspectors to observe the work of the
Contractor. Office equipment will be provided by the Contractor as specifically
detailed in the construction contract. AGENCY will make scanning and,copying
equipment available at AGENCY Hall for the CONSULTANT's use.
CONSULTANT will provide other equipment necessary to perform their scope.
3.2 Material Testlna and Special Inspection: CONSULTANT will either through its
own personnel, or through the procurement of an independent firm perform or
cause to be performed material testing or specialty inspection required by the
construction contract, the LAG Manual, the Project Specifications and the
Construction Manual. CONSULTANT will review the reports and other
information prepared by the independent firms CONSULTANT will coordinate
the testing firm's schedules and the transmittal of their reports, findings or other
information to the Contractor and /or the AGENCY.
3.3 Technical Field Inspection Structures: CONSULTANT will provide technical
specialists to provide inspection of the contractor's work specifically related to the
retaining walls and structures for this project.
4.0 OFFICE ENGINEERING SERVICES
4.1 Engineerina Design Support: CONSULTANT will provide written responses to
the Contractor's request for interpretation or clarification of the contract
documents.
4.2 Submittals: In accordance with the Project Specifications, the Construction
Manual and the LAG Manual, as well as the WSDOT generated Record of
Materials (ROM), and subsequent additions made to the ROM by
CONSULTANT, CONSULTANT will coordinate with the design team for the
reviews of the Contractor's shop drawings, samples, and other submittals
CONSULTANT will log and track shop drawings, samples, and submittals.
CONSULTANT's review of shop drawings, samples, and submittals shall be for
conformance with the design concept and general compliance with the
requirements of the contract for construction Such review shall not relieve the
Contractor from its responsibility for performance in accordance with the contract
for construction, nor is such review a guarantee that the work covered by the
shop drawings, samples, and submittals is free of errors, inconsistencies, or
omissions.
CONSULTANT will provide project administration in accordance with the LAG
Manual for other requirements including: Equal Employment Opportunity and
Monthly Utilization Reports, Prevailing wage verifications and interviews, and
Disadvantaged Business Enterprise and Training Goals.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
21
4.3 Reauests for Information: CONSULTANT will review the Contractor's requests for
information (RFIs) or clarification of the plans and specifications for construction.
CONSULTANT will coordinate such review with the design team and with the
AGENCY as appropriate. CONSULTANT will coordinate and issue responses to
the RFIs. CONSULTANT will log and track the Contractor's RFIs.
Any requests, submittals or changes that materially change the intent of the
design will be approved by the engineer of record. This scope assumes the
AGENCY has contracted directly with the engineer of record for this service.
CONSULTANT will assist the AGENCY in reviewing and responding to the
Contractor's requests for substitution of materials and equipment. CONSULTANT
will review such requests and will advise the AGENCY as to the acceptability of
such substitutions.
4.4 Record Drawinas: CONSULTANT will periodically review the Contractor's redline
set of contract plans and use this information to produce a full size mylar Record
Drawing for the AGENCY. CONSULTANT will rely upon the information
supplied by the Contractor and will periodically review the supplied information
for conformance to the project specifications. CONSULTANT makes no warranty
regarding the accuracy of record drawings or survey information provided by the
Contractor. The AGENCY will provide the CONSULTANT the original design
drawings as prepared for bidding in AUTOCAD format at the commencement of
this contract.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
22
5.0 PROJECT MANAGEMENT COORDINATION
5,1 Invoicing: CONSULTANT will prepare and submit monthly invoices to the
AGENCY for payment. Each invoice will identify the current financial status of
the project budget.
5.2 Communication Meetings w /AGENCY. CONSULTANT will keep the AGENCY
advised of the progress of the construction. This includes submitting monthly
progress reports to the AGENCY and holding periodic meetings and
consultations with the AGENCY.
5.3 Public Coordination Website Information: CONSULTANT will assist the
AGENCY in maintaining the AGENCY's website for current construction activity
and upcoming activities via transmittal to the AGENCY of weekly construction
updates. The CONSULTANT will respond to calls from the public regarding
project status or issues. The CONSULTANT will prepare flyers for distribution to
the public on construction and traffic control activities. The CONSULTANT will
assist the AGENCY in reproduction and mailing of the flyers. The CONSULTANT
will attend public meetings if requested by the AGENCY.
During the course of construction, the CONSULTANT will make one -on -one
property owner contacts as needed to coordinate work, provide information and
address concerns and issues.
5.4 CONSULTANT's Personnel at Construction Site:
The presence or duties of CONSULTANT's personnel at a construction site,
whether as onsite representatives or otherwise, do not make CONSULTANT or
CONSULTANT's personnel in any way responsible for those duties that belong to
AGENCY and /or the contractors or other entities, and do not relieve the
contractors or any other entity of their obligations, duties, and responsibilities,
including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all
portions of the construction work in accordance with the construction Contract
Documents and any health or safety precautions required by such construction
work.
CONSULTANT and CONSULTANTS's personnel have no authority to exercise
any control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
The presence of CONSULTANT's personnel at a construction site is for the
purpose of providing to AGENCY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
contractor(s). CONSULTANT neither guarantees the performance of the
contractor(s) nor assumes responsibility for contractor's failure to perform work in
accordance with the construction documents.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
23
6.o ADDITIONAL SERVICES
Potential Additional Services include:
6.1 Performance of traffic signal testing.
6.2 Surveying services.
6.3 Services related to damages caused by fire, flood, earthquake or other acts of
God.
6.4 Services related to warranty claims, enforcement and inspection.
6.5 Preparation for and serving as a witness in connection with any public or private
hearing or other forum related to the project.
6.6 Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the AGENCY.
6.7 Services extending beyond the term of this scope (beyond February 2012) or in
excess of the total hours estimated based on the assumptions provided in the
"General" section of this scope.
6.8 Other supplemental services related to the project as requested by the AGENCY.
AGENCY OF TUKWILA URBAN ACCESS IMPROVEMENTS SCOPE OF SERVICES
24
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 linnted to, the following:
1. 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
1I1. Methods to Electronically Exchange Data
A. Agency Software Suite
B. Electronic Messaging System
C File Transfers Format
DOT Form 140 -089 EF Exhibit G
Revised 6/05
25
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
26
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.
27
Exhibit E
Consultant Fee Determination Summary Sheet
(Specific Rates of Pay)
Fee Schedule
Discipline or Job Title Hourly Overhead Profit Rate
Rate 1 3114 .32 Per Hour
Project Manager 65 00 85.24 20.80 171.04
Resident Engineer 58.00 76.06 18.56 152.62
Asst Resident Engineer 42 00 55.08 13.44 110.52
Inspector /Documentation 39 00 51.14 12 48 102.62
Public Coordination 36.00 47.21 11.52 94.73
Project Advisor 78,00 102.29 24 96 205.25
Environmental Compliance 46.00 60.32 14.72 121.04
Senior Engineer 72.00 94.42 2104 189.46
Engineer 52.00 68.19 16.64 136.83
Junior Engineer 39 00 51.14 12.48 102.62
Clerical 29 00 38.03 9.28 76.31
0.00 0.00 0.00
0.00 0,00 0 00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
DOT Form 140 -009 EF Exhibit E -2
Revised 6/05
28
TUK W ILA URBAN ACCESS IMPROVEMENTS
EXHIBIT E -2
CLASSIFICATION Total Hours Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec tan I Feb I Hrly Rate I Total Lab: HILL
Core Team 1 1 1 1 1 l I l i 1
Project Manager 1 1534 4 1 110 160 I 160 100 80 80 80 80 80 100 100 100 100 1 100 I 100 5171041 5262,370 36
Resident Engineer I 2170 1 62 173 173 173 173 173 173 173 173 173 173 173 173 16 16 5152 621 5332185.40
Asst. Resident Engineer I 2175 168 173 173 173 173 173 173 173 173 173 173 173 80 24 5110.52 i 5240,381.00
Inspector /0060mentation 1 2074 10 121 173 173 173 173 173 173 173 173 173 173 173 40 5102.62 5212,83388
Inspector /0000mentation 1 1180 30 104 104 104 104 109 104 104 104 104 104 70 90 5102.62 1121,091.60
Public Coordination 300 6 28 56 48 56 10 10 10 10 10 8 40 8 594.73 528.41900
Inspector /Documentation 240 24 24 24 24 24 24 24 24 24 24 5102 62 524,628.80
Environmental Compliance 268 28 24 24 24 24 24 24 24 29 24 24 5121.04 $32,438.72
.Olfc8SUOnort'.
Protect Advisor 112 18 10 10 8 8 8 8 8 8 8 16 2 5205 25 522,988.00
Senior Engineer 316 5 16 40 40 40 40 40 90 30 20 5 1189 46 559,869.36
Engineer 638 10 30 80 80 80 80 80 80 80 32 6 5136.83 587.297.54
Junior Engineer 468 3 20 60 60 60 60 60 60 60 20 5 1102.62 548,026.16
Clerical 308 10 22 22 22 22 22 22 22 22 22 22 22 22 12 12 10 576.31 523,503.48
SecOndShilt Team Asst. Resident Engineer 1005 20 40 40 40 173 173 173 173 173 511052 5111,072.60
Inspector /0007ment460n 1038 173 173 173 173 173 173 $102 62 5106.519.56
Inspector /Documentation 519 173 173 173 510262 553,259.78
Inspector /Documentation 519 173 173 173 5102.62 $53,259.78
TOTAL CH2M HILL LABOR 51,819,150.02
SUBCONSULTANT (KRAZAN ASSOC) $150.487.00 I
COPIES, CELL PHONES, COMPUTERS, VEHICLES 550,000.00 1
MYLARS $4.500.001
TOTAL CH2M HILL LABOR EXPENSES 52,029.137.02 1
29
EXIII[sr r-
June 22, 2010
Mark Johnson
CH2M Hill, Inc.
1100 112` Ave NE
Bellevue, WA 98004 -4511
RE: CH2M Hill, Inc. Overhead Schedules
Fiscal Year End December 31, 2009
Dear Mr. Johnson.
On June 22, 2010, as a WSDOT representative, I performed a desk review of
your proposed Fiscal Year End December 31, 2009, Overhead Schedule. I have
also completed an analytical review of information provided to me by your firm
and from your web page.
The overhead schedule was audited by KPMG, LLP, for compliance with Part 31
of the Federal Acquisition Regulations. KPMG, LLP, accepted an overhead rate
of 131.14% of direct labor.
The reviewed data included, but was not limited to, the schedule of the indirect
cost rate, a description of the company and their accounting system, and the
basis for CH2M's accounting and indirect costs.
Based on my review of the Audit Report from KPMG, I am issuing this letter of
concurrence establishing CH2M Hill, Inc.'s overhead rate for the year ended
December 31, 2009, at 131.14% of direct labor. (This rate includes facilities
capital cost of money.)
Please check with the WSDOT Consultant Services Office (HQ) and /or the
WSDOT Area Consultant Liaison to determine when this rate will be applicable to
your WSDOT agreement (s). (If this is for WSDOT projects
30
Mr Johnson
June 22, 2010
Page 2
If you or any representatives of CH2M Hill, Inc. have any questions, please
contact Steve McKerney, Jeri Sivertson, or Martha Roach 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
Kyle McKeon, MS 47329
Rick Griffith, MS 47323
Meg Blau, MS NB82 -112
Michael Waits, City of Tacoma
Kathy Hanna, CH2M Hill, Inc. Tacoma, WA
Geraldine Driver, CH2M Hill, Inc. Bellevue, WA
File
31
CH2h1 HILL, INC.
(A `'`'holly Owned Subsidiary of
CH2M HILL. Companies, Ltd.)
Schedule of Single Firm Wide Indirect Cost Rate
''car ended December 31, 2009
General Total
ledger Adjustments claimed Comments
Payroll taxes and fringe benefits
Payroll taxes S 47.483.63 624,168 48,107.431 14
Vacation, holiday, and sick pap 78.321,033 78,321.033
Group insurance and miscellaneous 62 ,875,304 (2,447,599) 60.427,765 1, 2
Pension Pl an 12,537,638 1,555,532 14,093,170 3
201,217,298 (267,899) 200.949.399
General and administrative expenses:
Indirect salaries 197,453,657 (15,151) 197,438.506 111, 13
Incentive and retirement pay 16,251,680 10.01 1,239 26.862,919 1. 111, 17
Buildings and equipment 118,609,168 5,212,307 123,821,495 4, 13
Tines licenses, mid insurance 79.89) 960 (58,487,047) 21,406,913 1, 13, 15
Professional sen ices (6,490,254) (4,457,6081 110.947,862) 1, 5, 13
Travel and subsistence 17,627,516 (4.381,905) 13,245.611 1, 13
Oftice suppluw 19,624,209 (10,812,840) 8,811,369 1.13
Professional education 4,377,684 (1,097,109) 3,280,575 I, 13
Recruiting costs 10.872,197 (3,423,3(11) 7. 448.896 1
Printing and computers 1,095,630 1,095,630
Home office and intermediate allocations (67,710,579) (39,593.727) (107,304,306) 5, 6, 7..8. 9, 10. 11. 12, 14
391,6(14,888 (1(16,445,142) 285,159,746
Total indirect expenses 5 592,822,186 (106,713,041) 486,109,145
Direct labor costs (base) S 371,892,024 13
Indirect cost rate 13(1 786
Fat iii ties capital cost of money mu! (note S) (1 436%
Comments.
I Unallowable costs removed per the Federal Acquisition Regulation (FAR) Part 31.
2. Postretirement benefits adjustments per the FAR and the Cost Accounting Standards.
3 Pension cost adjustments per the FAR and the Cost Accounting Standards.
4 Adjustment to reverse amortization nfdeferred gain on sale of Corvallis and Denver office buildings.
Costs are limited to the ctutstructive costs ofownership (note 8).
5 Credit to offset overhead expenses with incomdreimburscinent received and remove overhead
charges to affiliates, per FAR 31.201_5
6. Holding company allocation from CH2M HILL Companies, I.td.
7 Allocation from CH2M HILL Group Management Home Office.
8 Adjustment inade 10 Until costs to the constructive cost of ownership
9 Adjustment to add directly allocable costs from affiliates.
10 Adjustment made )br FAR compensation limits.
II Adjustment made to remove unallowable/unclaimed projects.
12. Adjustment made to remove fringe benefits allocated to 0 unallowableunclainied projecl5.
13 Adjustment to reclassify overhead warranty costs to direct per CAS disclosure statement.
14 Adjustment made to remove net asset charge (N AC) allocation,
1 S Adjustment made In self- insured professional liability to align to projected average Tosses per CAS 410
16. Adjustment made for self insured workers' compensation costs to projected average loss per CAS 416.
17. Adjustment made Io add incentive compensation paid.
See accompanying notes to Schedule of Single Finn Wide Indircit Cost Rate.
3
('OMPANI' CONFII>ENTIAI AND PROPRII3'I'ARY
32
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT.
Krazan &AssnclAtes_will c_onsinct materials testing (apyre,Aite, snil, concrete and nsphnit)
DOT Form 140-089 EF Exhibit G
Revised 6/05
33
Exhibit G -1
Subconsultant Fee Determination Summary Sheet
Project: Tukwila Urban Access
Direct Salary Cost (DSC):
Classification Man Hours Rate Cost
Lead Inspector 1300 x $23.55 30,615.00
Sample Pickup (2 hr for ea) 70 x $13.73 961,10
Report Preparation 65 x $15.69 1,019 85
Project Manager 65 x $35 31 2,295.15
x
x
Total DSC 34,891.10
Overhead (OH Cost including Salary Additives)•
OH Rate x DSC of 122.90% x 34,891.10 42,881.00
Fixed Fee (FF):
FF Rate x DSC of 32.00% x 34,891 10 11,165.00
Reimbursables:
Mileage: 13200 miles $0.500 per mile (2010 rate, est.) 6,600.00
Photographs, reproductions, misc. expenses
Off -site Materials Testing 54,950 00
Grand Total 150,487.00
Prepared By: Kriznn Associares Date: November 39, 2010
DOT Form 140 -063 EF Exhibit G -1
Revised 6/05
34
Exhibit G-3-
Breakdown of Subcoonsultants Overhead Cost
I Account Title Beginning Total of Direct Labor
I Direct Labor 13,949,173 100 00%
Payroll Taxes and Fringe Benefits.
Payroll Taxes 1,402,979 10.06%
I Vacation Holiday, and Sick Pay 503,376 3.61%
I Group Insurance and Miscellaneous 1,477,638 10 59%
ESOP Contribution 418,475 3.00%
Pension Plan 21,157 0,15%
Total Fringe Benefits 3,823,625 2741%
General and Administrative Expenses:
Indirect Salaries 3,803,397 27 27%
Incentive and Retirement Pay 502,919 3.61%
I Buildings and Equipment 2,208,476 15.83%
Taxes, Licenses, and Insurance 533,269 3.82%
Professional Services 2,192,227 15 72%
Travel and Subsistence 1 2,456,177 17 61% I
Office Supplies Expense 1 669,889 4.80%
Professional Education 1 245,387 1.76%
I Recruiting Costs 124,322 0.89%
Printing and Computers 579,388 4.15%
I Total General Overhead 1 13,315,451 95.46% I
1 Total Overhead (General Fringe) 1 17,139,076 I 122.87% I
Overhead Rate (Total Overhead Direct Labor) 1 122.9% 1
DOT Form 140 -039 EF Exhibit G -2
Revised 6105
35
KA Proposal No. P10674WAB
November 23, 2010
Page 1 of 1
Attachment B.1
Testing Services
Tukwila Urban Access Improvement Project
Southcenter Parkway Strander Boulevard
'Tukwila, WA
ON, '1.:<
'.i�E_S :(T�:I:k',- '�I;.° °YES 'T'S 1C)`>:''; r:
Concrete Laboratory Rates
Compression Samples 1 n/a J 240 each $20.00 $4,800.00
Shotcrete Panel J n/a 1 20 each $100.00 $2,000.00'
Lean Mix Compression Samples 1 n/a 40 each $25.00 $1,000.00
Aggregate Soil Laboratory Rates
Proctor Value 1 rila 10 each $200.00 $2,000.00
Sieve Analysis n/a 30 each $100.00 $3,000.00
Sand equivalent n/a 10 each $90.00 $900 00
Degradation Value n/a 10 each $125.00 $1,250.00
LA Abrasion n/a 1.0 each $200.00 $2,000.00
Fracture Face n/a 10 each $75.00 $750,00
Organic Content n/a 10 each $150.00 81,500.00
Moisture Content n/a 25 each $5.00 $125.00
Specific Gravity (Fine or Coarse) n/a 10 each $75.00 $750,00
(Accelerated Expansion of Aggregate n/a 1 each $300.00 $300.00
Atterberg Limits n/a 10 each $90.00 $900.00
Hydrometer Analysis n/a 5 each $125.00 $625.00
Direct Shear (MSE wall backfill) n/a 5 each $300.00 $1,500.00
(Soundness (Fine or Coarse) n/a 4 each 8300.00 $1,200.00
Uncompacted Void Content n/a 4 each $150.00 $600.00
Flat Elongated Pieces n/a 4 each $75.00 $300.00
Asphalt Laboratory Testing
Extraction- gradation Analysis n/a 28 each $300.00 $8,400.00 I
(Mix Design Verification (Superpave-. virgin agg) n/a 1 each $3,500.00 $3,500,00
Superpave Pills (Air void, Unit Weight Rice) n/a 28 each $600.00 1 $16,800.00
Core Analysis (Thickness SG) n/a 10 each $75.00 1 $750.00
NOTES: This cost estimate is based on the scope of work and assumptions outlined in our proposal. number
P10674 WAB dated November 23, 2010 which are inclusive by reference. A four -hour minimum charge, portal -to-
portal charge applies to all inspections. Costs for construction testing and inspection services are highly dependent
on contractors schedule; weather, overlapping of work and other factors. Therefore the quantities listed in our cost
estimate should be considered approximate. Krazan Associates does not control the work or production rate.
Therefore, the estimate provided above does not imply a lump sum fee, not -to- exceed fee or guaranteed maximum
price This cost estimate does not include overtime, retests, or change in conditions or schedule.
Krazan Associates, Inc.
With Offices Serving the Western United States
3 6
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_ Coinpliance 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 to 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,
scx, 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.AGREEIvIENT, 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
37
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
nieans 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.
38
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 Stun 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 tune 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 6105
39
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
andior cost recovery procedures in those instances where the agency believes it has suffered some material damage
clue 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 fumcicci 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 he 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 thc
Director of Public Works or Agency Engineer's concurrence, the protect 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 crror(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 thc 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). I f
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design crror(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 he reduced from the consultant's agreement
with the agency for the services on the project to which
the design error took place. The agency is to provide i[&LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6/05
40
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). fhe
consultant may request that the alleged design error(s) issue he 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 he. forwarded
through the Region I [ighways and Local Programs Engineer to H &LP for their review and
consultation with the FHWA. I I &LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and atternpt 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 FI-IWA,
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 sock settlement
by arbitration or by litigation
41
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding clain(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 claims)
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
clanrn by the consultant
Step 1 Consultant Files a Clain 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 trust be completed is
the request for consideration or the claim to the Agency's project manager
The consultant's claim must outline the following:
Summation of hours by classification tor each firm that is included in the claim,
Any correspondence that directed the consultant to perform the additional work;
Time.frame 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
Alter 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 F11 WA 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), raid FIIWA (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 andior 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
42
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 tngincer that included the following
Copy of information supplied by the consultant regarding the claret;
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 Review's 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 PI -IWA 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.
43
Exhibit M -1(a)
Certification Of Consultant
Project No
Local Agency City of Tukwila
I hereby certify that I am Timothy Bevan and duly authorized
representative of the firm of CH2M HILL, Inc whose address is
1 100 112th Ave., NE, Suite 400, Bellevue, WA 98004 and that neither 1 nor the above
finn 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 ACiREEP/MENT;
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.
Nnvember 29, 2010 t/1-•'"'
Date Signature
DOT Form 140 089 EF Exhibit M 1(a)
Revised 6 /05
44
Exhibit Mpg (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 ariy):
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 Forrn 140 -089 EF Exhibit M -1(b)
Revised 6 /05
45
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters- Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B
Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)
(B) of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
11. 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) CH2M HILL, Inc.
1Ii_ 7
November 29, 20 10 G i J %1✓V'i t'� iii i
(Dale) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M.2
Revised 6105
46
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 he 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 (Finn) CI -12M 1 -TILL, Inc
yi
November 29. 2010
(Date) (Signature) President or Authorized Official of Consultant
DOT Form 140 -089 EF Exhibit M -3
Revised 6/05
47
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 m
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 1.5 403 -4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of Tukwila Urban Access Improvement Protect
arc accurate, complete, and current as of November 29, 2010 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.
Firrn CII2M IIILL,
Name Timothy Bevan
Title e Sr. Client Service i�•1?nager
Date of Execution*** November 29, 2010
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
48
ILA
y Cit of Tukwila
Transportation Committee
TRANSPORTATION COMMITTEE
Meeting Minutes
December 6, 2010 5:00 p.m. Conference Room 1
PRESENT
Councilmembers: Verna Seal, Committee Chair Chair; Joan Hernandez and De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmack, Gail Labanara, Peter Lau, Steve Lancaster and
Kimberly Matej
CALL TO ORDER: The meeting was called to order at 5:00 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Tukwila Urban Center Access (Klickitatl Proiect: Construction Management
Staff is seeking Council approval to enter into a construction management contract with CH2M Hill, Inc. in
the amount of $2,024,137.02 for the Tukwila Urban Center (TUC) Access Project.
CH2M Hill was chosen from an original list of 11 firms, and final list of four. City staff will provide the
lead on construction management for the Klickitat project, and CH2M Hill will assist with that management
as well as provide the following:
Full -time field engineering
Inspection and documentation compliance support
On -call specialty support staff
The construction management budget is calculated at approximately 20% of the construction contract plus
construction contract contingency. Construction management will also include services provided by HNTB,
WSDOT and City staff. Due to limited Council meetings during the month of December, staff is requesting
this item move forward to the December 13 COW for discussion and special meeting the same evening.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Tukwila Urban Center Access (Klickitat). Supplement Agreement No. 12 with HNTB
Staff is seeking Council approval for Supplement No. 12 with HNTB in the amount of $171,062.
This supplement will provide on -call engineering services during the project's construction phase. This
supplemental agreement will allow the City to retain HNTB as the design engineer during project
construction to secure design reassurance (i.e.: clarification, verification, shop drawings). Due to limited
Council meetings during the month of December, staff is requesting this item move forward to the
December 13 COW for discussion and special meeting the same evening. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND SPECIAL MEETING
IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
III. MISCELLANEOUS
Meeting adjourned at 5:19 p.m.
Next meeting: Pending per 2011 Committee Calendar
2 Committee Chair Approval
Minkes bpgAM. Reviewed by GL.
49
50
COUNCIL AGENDA SENOI'SIS
101ILA Iq. ITEM NO.
Meeting Date J Prepared by Mayo's review ounczl review
T
1 12/13/10 1 BG 01 J r('
1 12/13/10 1 BG J
90B 1 1 J
ITEM INFORMATION
CAS NUMBER. 10-144 ORIGINAL AGENDA DATE: DECEMBER 13, 2010
AGENDA ITEM TITLE Tukwila Urban Center Access (Klickitat) Project
Supplement No. 12 with HNTB for Construction Management
CATEGORY Dtscussaon Motion [1 Resolution Ordinance Bad Award Li Public Hearzng (Other
Mtg Date 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mfg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R n Police PV
SPONSOR'S Base Contract 05 -071 with HNTB was for design services for the Tukwila Urban Center
SUMMARY Access Project. Supplement No. 12, for construction management services, has been
negotiated with HNTB in the amount of $171,062.00. The scope of work includes
construction management support to augment the field team of City personnel and CH2M
Hill. The Council is being asked to approve Contract 05 -071 Supplement No. 12 with HNTB.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. fl Parks Comm. Planning Comm.
DATE: 12/06/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole Special
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$171,062.00 $2,611,243.00
Fund Source: 104 ARTERIAL STREETS (PAGE 15, 2011 PROPOSED CIP)
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
1 12/13/10
1
1 12/13/10
1
MTG. DATE ATTACHMENTS
12/13/10 Informational Memorandum dated 12/01/10
HNTB Supplement No. 12
Minutes from the Transportation Committee meeting of 12/06/10
12/13/10
51
52
�`.a si City of Tukwila
a
;Ma Jim Haggerton, Mayor
90 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
h
W.-
FROM: Public Works Director 4
DATE December 1, 2010
SUBJECT: Tukwila Urban Center Access (Klickitat) Project
Project No. 84 -RW19, Contract No. 05 -071
Supplemental Agreement No. 12
ISSUE
Approve Supplemental Agreement No. 12 with HNTB for the Tukwila Urban Center (TUC)
Access (Klickitat) Project for construction engineering support.
BACKGROUND
The TUC Access project is scheduled to start construction in early 2011. While in -house City
staff will provide lead construction management on the project, because of the tight timeline for
construction, a significant number of additional resources will be required to supplement in-
house capabilities. This supplemental agreement with HNTB is part of the additional resources
to support in -house City staff to properly manage the construction contract during the
construction phase.
DISCUSSION
The Supplemental Agreement No. 12 will provide on -call engineering services from the design
engineering firm during the construction phase The cost of $171,062.00 for this Supplement is
reasonable for this complex project. The total revised construction management budget is 20%
of the construction contract plus contingency ($10,880,180 2,176,036 x 20% $2,611,243)
CM Expenses Budget
CH2M Hill CM Inspection $2,024,137 02
HNTB Sup #12 Construction Eng Support 171,062.00
City CM Staff, WSDOT, Misc. Expenses 389,885 00
Klickitat CM Budget (CIP page 15) 0.00 $2,513,000 00
Construction Budget to Supplement CM 0 00 98,243 00
Total Contract and Budget $2.585.084.02 $2.611.243.00
RECOMMENDATION
Approve the Supplemental Agreement No. 12 with HNTB in the amount of $171,062 00 and
consider this item at the December 13, 2010 Committee of the Whole meeting followed by a
Special Meeting that same night.
attachment: Supplemental Agreement No 12 including Scope of Work and Fee
W:IPW EngIPROJECTSW- RW RS Projectsd84RW 19 TUC Access (KlickitaQlInfo Memo HNTB Supp #1212 -02 -10 gl.doc
53
54
Adak
71 Washington State
Department of Transportation
Organization and Address Phone.
Supplemental Agreement
City of Tukwila
Number 12 Public Works Department
6300 Southcenter Blvd., Suite #100
Original Agreement Number Tukwila, WA 98188
05 -071 (L) 206- 431 -3665
Project Number Execution Date Completion Date
84 -RW19 December 31, 2011
Project Title New Maximum Amount Payable
Klickitat/Southcenter Parkway Access $4,239,040
Improvement Project
Description of Work
On -Call Engineering Services During Construction
The Local Agency of Tukwila desires to supplement the agreement entered into with HNTB Corporation and
executed on April 6, 2005 and identified as Agreement No 05 -071 All provisions in the Agreement remain in
effect except as expressly modified by this supplement. The changes to the Agreement are described as follows
Section II, SCOPE OF WORK, shall be amended as follows:
The scope of work for this project is supplemented as detailed in the attached Exhibit A, and by
this reference made part of the Agreement.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, shall be amended as follows
All work under this Agreement shall be completed by the date shown in the heading of this
Supplemental Agreement Number 12 under Completion Date.
111
Section V, PAYMENT, shall be amended as follows.
Compensation due to Consultant for work performed or services rendered for this project is
supplemented as detailed in the attached Exhibit B, and by this reference made part of this
Agreement. Supplemental Agreement Number 12 Services shall be compensated on a Negotiated
Hourly Rates basis.
Page 1 of 2
55
Contract Document Amount Management Maximum Amount
Authorized Reserve Fund Payable
Original Agreement $1,168,322 $50,000 $1,218,322
Supplement No. 1 $1,956,680 $0 $3,175,002
Supplement No. 2 $17,200 $0 $3,192,202
Supplement No. 3 $0 $0 $3,192,202
Supplement No. 4 $14,759 $0 $3,206,961
Supplement No. 5 $63,350 $0 $3,270,311
Supplement No. 6 $4,500 $0 $3,274,811
Supplement No. 7 $4,200 $0 $3,279,011
Supplement No. 8 $147,387 $0 $3,426,398
Supplement No. 9 $533,816 $0 $3,960,214
Supplement No. 10 $0 $0 $3,960,214
Supplement No. 11 $107,764 $0 $4,067,978
Supplement No. 12 $171,062 $0 $4,239,040
TOTAL $4,189,040 $50,000 $4,239,040
If you concur with this Supplemental Agreement Number 12 and agree to the changes as stated above, please
sign in the appropriate spaces below and return to this office for final action
By HNTB Corporation By City of Tukwila
Barton A. Drake, Vice President Approving Authority Signature
Date Date
DOT Form 140 -063 EF
Revised 9/2005
Page 2 of 2
56
Exhibit A
Scope of Services
Contract 05 -071
Klickitat /Southcenter Parkway
Urban Access Improvement Project
Supplemental Agreement No. 12
On -Call Engineering Services During Construction
December 2010
I•NTB
57
Tukwila Urban Access Improvement Project
05 -071, Supplement No 12 Page i
TABLE OF CONTENTS
I. INTRODUCTION 1
II. PROJECT SCHEDULE 1
III. WORK TASKS 1
TASK 24 ON -CALL ENGINEERING SERVICES DURING CONSTRUCITON 1
Task 24.1 Project Administration 1
Task 24.2 On -Call Engineering Services During Construction 2
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Tukwila Urban Access Improvement Project
05 -071, Supplement No 12 Page 1
1. INTRODUCTION
This supplemental agreement includes services related to On -Call Engineering Services During
Construction as herein defined and necessary to accomplish work by the Agency.
II. PROJECT SCHEDULE
The notice -to- proceed date assumed for Services detailed below is January 1, 2011, It is anticipated that
all Services shall be complete by December 31, 2011.
III. WORK TASKS
TASK 24 ON -CALL ENGINEERING SERVICES DURING
CONSTRUCTION
Task 24A Project Administration
Subconsultant Management
Consultant shall prepare and execute subconsultant supplemental agreements.
Consultant shall provide direction to Subconsultants, including conducting project coordination
meetings as required with appropriate task leaders.
Budget Management Invoicing
Consultant shall actively manage, update, and control budget.
Consultant shall complete monthly Job Progress Input reports.
Consultant shall produce monthly invoices.
Communicate Progress
Consultant shall conduct ongoing, proactive, and responsive communications with Agency staff
involved in the direction and execution of the Project.
Consultant shall produce a monthly progress report to be submitted with the monthly invoices.
Quality Management
Consultant shall conduct monthly quality assurance review meetings "Project Review
Meetings which shall include a review of the project status with the principal -in- charge, project
manager, project administrator, and other key staff as required
Consultant shall be responsible for checking and coordinating all design revisions and
computations, specifications, estimates, and other deliverables identified in this Scope of
Services.
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Tukwila Urban Access Improvement Project
05 -071, Supplement No 12 Page 2
Task 24.2 On -Call Engineering Services During Construction
The work under this task shall consist of performing on -call engineering services during construction as
herein defined and necessary to accomplish work by the Agency. Specific items of work that the Agency
may require the Consultant to perform include the following:
1. Attend Preconstruction meeting.
2. Conduct shop drawing review.
3. Construction material products equivalency review.
4. Consult with the Agency on plan clarifications and provide revisions when requested by Agency.
5 Design and provide PE stamped change order plan sheets, when needed.
6. Provide design concurrence on change orders provided by the Agency. This would not be a
"verbal approval it would simply reflect that the Consultant has reviewed the change and
acknowledges that it is consistent with the original design parameters or intent.
7. Attend construction meetings and field reviews when requested by the Agency to assist with
solutions to problems.
8. Support the Agency in preparation for Disputes Review Board meetings, as needed.
9. Support the Agency in CPM review and updates, as needed.
10 Support the Agency in public outreach, as needed.
11. Other services, as needed, to support the Agency with construction of Project.
The level of effort for On -Call Engineering Services During Construction is limited to the amount of
labor and expenses indicated in Exhibit B. Additional services beyond the level of effort indicated in
Exhibit C shall be considered Extra Work requiring a supplemental agreement.
Assumptions:
Agency will determine which submittals are to be reviewed by Consultant.
Agency will make every effort to respond to each submittal before seeking Consultant support.
Agency will receive and distribute submittals to Consultant in electronic or hardcopy format for
review and response.
Consultant will respond to RFI submittals no later than five (5) working days after receipt by
Consultant.
Consultant will respond to Shop Drawing submittals no later than twenty (20) working days after
receipt by the Consultant.
Consultant shall not be responsible for (1) construction means, methods, techniques, sequences,
procedures, or safety precautions and programs in connection with the Contractor's construction
activity; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not
under contract to Consultant, to fulfill contractual responsibilities to Agency or to comply with
federal, state, or local laws, regulations, and codes; or (3) procuring perrnits, certificates, and
licenses required for any construction unless such procurement responsibilities are specifically
assigned to Consultant in the Scope of Services.
Consultant will not be responsible for maintaining a submittal tracking list.
Deliverables:
Electronic responses to submittals (electronic .pdf file format)
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Tukwila Urban Access Improvement Project
05 -071, Supplement No 12 Page 3
Reimbursement for Premium Overtime
If the Agency deems it in its interest for the Consultant's non exempt staff to perform work on an
overtime basis, it may authorize such action in writing to the Consultant. The premium portion of the
overtime hours shall not be burdened with overhead and profit, and shall be shown separately on the
invoices
Meetin' Notice Requirements
The Consultant shall attend various Project related meetings for this task, such as coordination and
progress meetings. For these meetings, a minimum of four (4) hours advance notice of such meetings
shall be required to be given to the Consultant by the Agency.
The Consultant may be requested to attend construction meetings and field reviews as needed for the
project. For construction and field reviews, the Consultant would be expected to be on site within four (4)
hours.
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62
EXHIBIT B
HNTB Corporation
Consultant Fee Determination
Summary Sheet (Negotiated Hourly Rates)
Tukwila Urban Center Access Project: Klickitat/Southcenter Parkway
Supplement No. 12, On -Call Engineering Services During Construction
LABOR COSTS
All
Direct Overhead Profit Inclusive
Staff Classification Hours Salary 148.24 30% Rate Total Cost
Principal 20 $95 04 140 89 28 51 264 44 5,288 79
Project Manager 170 $77 52 114 92 23.26 215 69 36,667 58
Sr Structural Engineer 16 $65 68 97 36 19 70 182.75 2,923 97
Sr. Architectural Manager 14 $62.80 93.09 18 84 174 73 2,446.29
Senior Project Engineer 113 $58 42 86 61 17.53 162.56 18,369 16
Project Engineer /Structural Engineer 273 $47 13 69 87 $14 14 131 14 35,801.24
Design Engineer/Traffic Engineer 90 $34 80 51 59 10 44 96.83 8,714 48
Landscape Architect 56 $37.28 55.26 11 18 103 73 5,808 76
Jr Engineer /Jr Landscape Architect 18 $25 36 37 59 7 61 70 56 1,270 11
Sr. CAD Technician 54 $40 32 59 77 12 10 112.19 6,058 06
CAD Technician 55 $34.88 51 71 10 46 97 05 5,337 76
Sr Project Administrator 115 $40 88 60 60 12.26 113 74 13,080 62
Sr. Administrative Assistant 30 $24 16 35 81 7.25 67.22 2,016 68
TOTAL LABOR COSTS 1024 143,783
*Audited 2009 FAR Design Office Overhead Rate
REIMBURSEABLE COSTS
Local Travel (Mileage /Parking) 600 00
Reproduction. 500 00
Courier /Express Mail 500 00
Other 250 00
TOTAL REIMBURSEABLE COSTS 1,850
SUBCONSULTANT COSTS
HDR Engineering, Inc. (Roadway Design) 16,650 J
PACE Engineers, Inc. (Utility Coordination) 8,779
TOTAL FEE 171,062
05 -071, Supplement No 12 HNTB Corporation
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63
HNTB Corporation
Labor Hours Estimate
Tukwila Urban Center Access Project: KlickitaVSouthcenter Parkway
Supplement No. 12, On-Call Engineering Services During Construction
I Staff Cassifications 1
Proj. Design
Sr Sr Sr Eng./ Eng./ Jr Sr Sr Sr
Proj. Struct. Arch. Proj. Struct. Traffic Landscp Landscp CAD CAD Proj. Admin.
Principal Mgr Eng. Mgr Eng, Eng. Eng. Arch. Arch. Tech. Tech. Admin. Assist TOTAL
2410n -Call Serviced DurifiO'ConStrirdtion,:"-:',: 170,1: 1. :2731''P' '.9(ym '''E', 18:1 54'; i" g',55:1 z. I
lAttend Preconstruction Meeting 1 4 I 4 I 4 I 4 I 4 1 1 I I I 1 20 I
IShop Drawing Reviews 1 1 1 4 1 8 1 12 1 77 1 I 8 1 27 1 1 1 136
I Structural (49 Drawings p 2 hrs/drwg) 1 I I 4 I I 77 I 19 1 1 -1 100
1 Landscape Architecture (4 Reviews) I -1 I 8 I 1 8 I 4 I -1 -1 20
1 Traffic (3 Reviews) I -I 12 1 -I -1 41 I -I 161
Plan Clarifications Revisions 1 1 8 I 2 19 1 42 1 50 32 16 1 30 8 1 1 i 207 I
Structural (12 months n 6 hrs/mon(h) 8 1 14 42 1 8 1 1 72 1
Civil (20 RFIs) 1 I 5 -1 50 30 -1 1 85
Landscape Architecture (6 RFIs) i -1 2 1 32 16 I -1 50 I
Design Provide Stamped Change Orders 1 1 30 30 1 20 4 2 24 20 I 1 130
Structural (10 months e 6 hrs/month) -1 10 30 1 .20 I 60
Civil (5 Change Orders) -1 4 -1 20 16 -1 1 40
Landscape Architecture (2 Change Orders) I 4 2 1 I 6
Traffic (1 Change Order) 16 8 -1 24
Design Concurrence on Change Orders 20 1 60 I 4 1 I 1 1 84
Structural (10 months e 6 hrs/month) 1 60 1 1 -1 -1 -1 60
Civi/ (5 Change Or ders) 1 20 1 1 1 1 1 i 20
Landscape Architecture (2 Change Orders) I I -1 4 1 -1 I -1 4 1
Construction Meetings Field Reviews 1 1 1 I 26 1 60 I 20 1 8 I I 1 1 116 I
1 Structural (10 months (01 6 hrs/month) -1 -1 I I I 60 I I I -1 I -1 -1 60 1
I CM/ (8 Mtgs/Field Reviews) I I I -1 28 j -1 20 1 I I -1 -1 -1 48 1
1 Landscape Architecture (4 Mtgs/Field Reviews) i -1 -1 -1 -1 I 1 8 I I 1 -1 8 1
ISupPort for ORB Meetings 1 2 1 1 1 1 1 1 1 1 1 1 2 I
ICPM Review Updates I 2 I 1 1 1 1 1 1 1 1 1 2 1
IPublic Outreach 1 1 2 1 1 1 1 1 1 I 1 1 1 1 2 1
1Proiect Mgmt./Administration 20 I 160 1 115 30 1 325 I
1 Total Hours by Classificationl 20 1 170 1 16 1 14 1 1131 273 1 90 1 56 1 18 54 1 55 1 115 1 30 1 1,024 I
*Level Assumptions are noted in
HNTB Corporation
05-071, Supplement No. 12 Page 2 of 2
64
HDR Engineering, Inc.
Sub Consultant Fee Determination
Summary Sheet (Negotiated Hourly Rates)
Tukwila Urban Center Access Project: Klickitat/Southcenter Parkway
Supplement No. 12, On -Call Engineering Services During Construction
LABOR COSTS
Staff Classification Hours Hourly Rate Total Cost
Principal /QC 4 $194 91 $780
Project Manager /Lead Designer 46 $129 68 $5,965
Sr. Civil Engineer 49 $119 00 $5,831
Project Controller 32 $107 93 $3,454
J
Total Hours 131
TOTAL LABOR COSTS $16,0301
REIMBURSEABLE COSTS
Local Travel (Mileage /Parking) $120
Reproduction' $500
Courier /Express Mail. $0
Other $0
TOTAL REIMBURSEABLE COSTS $620
1 TOTAL FEE $16,650!
HDR Engineering, Inc
05 -071, Supplement No 12 Page 1 of 2
65
HDR Engineering, Inc.
Labor Hours Estimate
Tukwila Urban Center Access Project: Klickitat/Southcenter Parkway
Supplement No. 12, On-Call Engineering Services During Construction
Staff Cassifications
Principal/ PM/Lead Sr Civil Project
QC Designer Engineer Controller TOTAL
24 On 1::: ''..:N ',.;',40:' 49 '=','..131
Attend Preconstruction Meeting 4 4 I
Shop Drawing Reviews 8 16 24 1
Plan Clarifications Revisions 6 9 15
Design Provide Stamped Change Orders 4 8 12
Design Concurrence on Change Orders 4 8 12 1
Construction Meetings Field Reviews 4 8 12
Support for DRB Meetings
CPM Review Updates
Public Outreach
Other Miscellaneous Support
Project Mgmt./Administration 4 16 32 52
Total Hours by Classification 4 46 49 32 131
HDR Engineering, Inc.
05-071, Supplement No. 12 Page 2 of 2
66
PACE Engineers, Inc.
Sub Consultant Fee Determination
Summary Sheet (Negotiated Hourly Rates)
Tukwila Urban Center Access Project: Klickitat/Southcenter Parkway
Supplement No. 12, On -Call Engineering Services During Construction
LABOR COSTS
Staff Classification Hours Hourly Rate Total Cost
Principal Engineer 1 $185 40 $185
Sr Project Manager 56 $149 35 $8,364
Civil Engineer 0 $108 15 $0
CAD 0 $10815 $0
Administration 0 $87 55 $0
Total Hours 57
TOTAL LABOR COSTS $8,5491
REIMBURSEABLE COSTS
Local Travel (Mileage /Parking) $30
Reproduction. (Included)
Courier /Express Mail $200
Other $0
TOTAL REIMBURSEABLE COSTS $230
TOTAL FEE $8,7791
PACE Engineers, Inc
05 -071, Supplement No 12 Page 1 of 2
67
PACE Engineers, Inc.
Labor Hours Estimate
Tukwila Urban Center Access P ject: Klickitat/Southcenter Parkway
Supplement No. 12, On-Call Engineering Services During Construction
Staff Cassifications
Principal Sr Project Civil
Engineers Manager Engineer CAD Administration TOTAL
'Attend PraoonahucUnnMeeting 4 4
Shop Drawing Reviews 16 16
i Plan C|orifi 8
8
Design Provide Stamped Change Orders
Design Concurrence on Change Orders
Construction Meetings Field Reviews 12 12
Support for DRB Meetings
U
CPM Review Updates
U
Public Outreach 1
U
Other [Niuce|kanaouaSuppod 1 1 16 17
U
Total Hours by Classification 1 1 56 _k 57
PACE Engineers, Inc.
05-071, Supplement No 12 Page 2of2
68
4 s y
City of Tukwila
YP Transportation Committee
90
TRANSPORTATION COMMITTEE
Meeting Minutes
December 6, 2010 5 :00 p.m. Conference Room 1
PRESENT
Councilmembers: Verna Seal, Committee Chair Chair; Joan Hernandez and De'Sean Quinn
Staff: Bob Giberson, Frank Iriarte, Robin Tischmack, Gail Labanara, Peter Lau, Steve Lancaster and
Kimberly Matej
CALL TO ORDER: The meeting was called to order at 5:00 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. Tukwila Urban Center Access (Klickitat) Project: Construction Management
Staff is seeking Council approval to enter into a construction management contract with CH2M Hill, Inc. in
the amount of $2,024,137.02 for the Tukwila Urban Center (TUC) Access Project.
CH2M Hill was chosen from an original list of 11 firms, and final list of four. City staff will provide the
lead on construction management for the Klickitat project, and CH2M Hill will assist with that management
as well as provide the following:
Full -time field engineering
Inspection and documentation compliance support
a On -call specialty support staff
The construction management budget is calculated at approximately 20% of the construction contract plus
construction contract contingency. Construction management will also include services provided by HNTB,
WSDOT and City staff. Due to limited Council meetings during the month of December, staff is requesting
this item move forward to the December 13 COW for discussion and special meeting the same evening.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Tukwila Urban Center Access (Klickitat). Supplement Agreement No. 12 with HNTB
Staff is seeking Council approval for Supplement No. 12 with HNTB in the amount of $171,062.
This supplement will provide on -call engineering services during the project's construction phase. This
supplemental agreement will allow the City to retain HNTB as the design engineer during project
construction to secure design reassurance (i.e.: clarification, verification, shop drawings). Due to limited
Council meetings during the month of December, staff is requesting this item move forward to the
December 13 COW for discussion and special meeting the same evening. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND SPECIAL MEETING
IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
III. MISCELLANEOUS
Meeting adjourned at 5:19 p.m.
Next meeting: Pending per 2011 Committee Calendar
Committee Chair Approval
MinksppgAM. Reviewed by GL.
69
70
COUNCIL AGENDA SYNOPSIS
1� ∎l.q`h� Initials ITEM NO.
f r 41r
Meeting Date Prepared by Mayor Ievtew Council review
MM y 12/13/10 MM pip 3
x:90
ITEM INFORMATION
I CAS NUMBER 10-145 I ORIGINAL AGENDA DATE: DECEMBER 13, 2010
\c,I.ND I'l'EM TIT] ,I Agreements with Integra Telecom for telephone services.
C I'1 DZscawsszon N Motion "'Resolution 1 Ordinance Bad Award 1 I Public Hearing Other
114tg Date 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date 112tg Date
I SP( )NSUIt n Council 1 Mayor IT n DCD 1 1 Finance Fire I Legal I I P &R Police I PW
SPC )NSOR's With the implementation of the City's new VoIP phone system, new phone services will be
SUMMARY required to replace existing services. The benefits include reducing monthly costs,
integrating services into one source for ease of maintenance and accountability, and allows
the City to have a known 24 -month fixed cost for budgeting purposes. The agreements for
the new telephone services require Council approval prior to the Mayor's signature.
RI;\' II?W1 ?D BY COW Mtg. CA &P Cmte F &S Cmte 1 Transportation Cmte
Utilities Cmte 1 1 Arts Comm. Parks Comm. 1 J Planning Comm.
DATE: 12/07/10
RECOMMENDATIONS:
SPONSOR /ADMIN IT Department
COMMJYFEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExPI NDI'1'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$125,000 2 yr term $165,594 2 yrs $0
Fund Source' ALLOCATED WITHIN CITY -WIDE COMMUNICATION BUDGET LINES
Comments. See attached memo,
1 MTG. DATE RECORD OF COUNCIL ACTION
12/13/10
MTG. DATE ATTACHMENTS
12/13/10 Informational Memorandum dated 12/07/10, plus attachments
Minutes from the Finance and Safety Committee meeting of 12/07/10
1
71
72
A NN ILA
7 43T ss City of Tukwila
Iti Jim Haggerton, Mayor
190 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Mary Miotke, IT Director
DATE: December 1, 2010
SUBJECT: Phone Services Agreement with Integra Telecom
ISSUE
With the implementation of the City's new VoIP phone system, new phone services will be
required to replace existing phone service. The benefits of the new services include reducing
monthly costs, integrating all disparate services into one source for better accountability, and
allowing the City a known 24 -month fixed cost for budgeting purposes. The agreements for the
new telephone services require Council approval prior to the Mayor's signature.
BACKGROUND
Over the years, the City's phone service vendor has changed numerous times due to corporate
buyouts, service need, or financial improvement opportunities. We currently have contractual
obligations to Integra Telecom, the phone service provider for the City's Executone system,
which services City Hall, 6300 Building, both PW Shops and the Parks /Golf Maintenance
building. Several other vendors provide service to the remaining City buildings. It is our
intention to consolidate phone services into one service package with Integra for a specific term
moving forward with the new VoIP phone system.
DISCUSSION
As we implement a digital system, we need to change the type of service we receive. There are
two main digital lines (PRIs) and one Internet connection line required to serve the entire phone
system. Each City building will have, at a minimum, two analog lines (called Plain Old
Telephone System or POTS lines) for a primary and secondary fire alarm line as required by
law. The secondary fire alarm can be shared by the security system. Other special use POTS
lines will be for the building's main phone number, an elevator phone line (6300) and fax lines.
Having a POTS line for the main number at each building provides redundancy, as analog lines
will work even if the VoIP phone system has failed. The fax lines will need to be in place until
we have implemented the fax server purchased with the VoIP system during a later
implementation phase.
Attached is an overview of how we expect our phone service and associated charges to be
configured as we reach the final phases of this project. The total for the 2 -year term (including
anticipated taxes and surcharges) is $118,238.40 ($59,119.20 per year). However, because
there may be other phone service needs not accounted for at this time, staff is asking Council
approve a 'Not to Exceed' limit of $125,000 for all of the current and future Integra agreements.
This is well within the amount budgeted for City -wide communications, which includes $60,600
($30,300 per year) allocated within the IT budget and $104,994 ($52,497 per year) allocated
within other City -wide communication budget lines. It is also considerably less than the
$114,111.90 that was spent in 2009.
73
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to approve the Mayor signing agreements with Integra as they come
forward, not to exceed $125,000 for the two -year term, and consider this item at the December
13, 2010 Committee of the Whole meeting and the Special Meeting to follow.
ATTACHMENTS
Integra Service Cost Estimate Spreadsheet
Current and Proposed Cost Comparison
7 4 W12010 InfoMemoslIntegra Telephone Agreements- REV2.doc
INTEGRA SERVICE AGREEMENTS
City of Tukwila IT Department
11/30/2010
�;.,tg, ;::;y "�,:,i� y� u n�.� e:.. a... ':4 �.z,.�'r'. i- 1;;"s j: >s .-a. "+=9
,1 io .�.Se 'c -C.h %Moj 36:Lo ''Total;• ce'�'I�
City Hall 2 PRI's $897.50 $323.10 $1,220.60
6200 Southcenter Blvd 545 DID's $81.75 $29.43 $111.18
4 POTS $110.40 $39.74 $150.14
6300 Building 5 POTS $135.75 $48.87 $184.62
6300 Southcenter Blvd 6M Internet $1,150.00 $414.00 $1,564.00
(Includes 1 line for Suburban Cities, Suite #206)
George Long Shops 3 POTS $85.05 $30.62 $115.67
14000 Interurban Ave S
Fire Dept #52 3 POTS $85.05 $30.62 $115.67
5900 South 147 St
Fire Dept #54 3 POTS $85.05 $30.62 $115.67
4237 South 144 St
Fire Dept #53 3 POTS $85.05 $30.62 $115.67
4202 South 115 St
Fire Dept #51 -Main 3 POTS $85.05 $30.62 $115.67
444 Andover Park East
Tukwila Community Center 4 POTS $110.40 $39.74 $150.14
12424 42nd AV S
Water Tower Pumphouse 2 POTS $50.70 $18.25 $68.95
15045 57
PD Neighborhood Resource 4 POTS $101.40 $36.50 $137.90 $137.90
14661 Tukwila Intl Blvd
Park /Golf Maintenance 3 POTS $85.05 $30.62 $115.67
13900 Interurban
Minkler Shops 5 POTS $135.75 $48.87 $184.62
600 Minkler Blvd
Tukwila Library (Heritage Center) 2 POTS $50.70 $18.25 $68.95
14475 59
Old FS 53 Records Storage 2 POTS $50.70 $18.25 $68.95
12026 42
PW Lift Station 1 POTS $25.35 $9.13 $34.48
1005 Andover Park
Foster Pool 5 POTS $126.75 $45.63 $172.38
4414 S 144 St.
Foster Golf 3 POTS $85.05 $30.62 $115.67
13500 Interurban Ave S
At present time serviced by Qwest
Move from Qwest after Term date 8/24/2012
Reduce
Monthly Total: $3,622.50 $1,304.10 $4,926.60 $137.90
Annual Total: $43,470.00 $15,649.20 $59,119.20 $1,654.85
Term Total: $86,940.00 $31,298.40 $118,238.40
75
cn
Existing (Frank)
Master Sales Agreement Citywide $0.00 0 $0.00
450 DID's 8200 $67.50 12 $810.00 2 $1,620.00
6m Bonded T-1 (Internet connection) 8200 $1 12 $13 2 $27.800.00
76 Business lines 8200 $1.926.60 12 $23.119.20 2 $48.238.40
15 Analog DID Trunks 6200 $545.40 12 $8.544.80 2 $13.089.60
Novus 1.5M Integrated T-1 6200 $44975 12 $5.397.00 2 $10.794.00 Y
New Service Agreements
2 PRI's 8200 $897.50 12 $1O.770.00 2 $21.540.00
2 DIDs and basic business line 6200 $35.65 12 $427.80 2 $855.60
1 Basic business line ParkoK4aint $34.35 12 $41220 2 $824 40
1 Basic business ine K4ink|er $34.35 12 $412.20 2 $824.40
2 Basic business lines Golf $50J0 12 $716.40 2 $1,432 80 Y
2 Basic business lines Records Cntr $50.70 12 $808.40 2 $1,216.80
Other Existing/Future Agreements
3 basic business lines George Long
3 basic business lines FD 51
3 basic business lines FD 52
3 basic business lines FD 53
3 basic business lines FD 54
3 basic business lines TCC
2 basic business lines Water' Tower $59.70 12 $718.40 2 $1.432.80
Closes 1/1/11? NRC
2 basic business lines Tukwila Library $5970 12 $716.40 2 $1.432.80 Y
Old Records
2 basic business lines Centor/FS53 $50.70 12 $608.40 2 $1,216.80
1005 Andover
1 basic business line Park $34.35 12 $412.20 2 $824.40 Y
Closes 1/1/11? Pool
1 basic business line for FAX SCA $34.35 12 $412.20 2 $824 40 Y
Qwest 3 Business lines Golf
$65,883 60 $131'767.20
11A
Q City of Tukwila
c�
y Finance and Safety Committee
40:_:
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
December 7, 2010 5 :00 p.m.; Conference Room #3
PRESENT
Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy
Staff: Shawn Hunstock, Frank Iriarte, Marty Grisham, Eric Dreyer, Mary Miotke, Steve Lancaster
and Kimberly Matej
CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Public Defense Contract with Kirshenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender
services to be provided during the 2011 -12 biennium.
The monthly contract rate for the biennium will be $10,315.80 for up to 120 cases per month. Case loads
in excess of 120 will be charged at $85.00 per case. The contract amount remains that same as the 2010
base rate. CPI escalators are not built into this two -year contract; however, staff recognizes that a federal
mandate for public defenders may affect contract cost which will be addressed when appropriate.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Video Public Defense Contract with Kirschenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public
defense services to be provided during the 2011 -12 biennium in the amount of $43,200.
The monthly contract flat rate for the biennium will be $1,800 per month. This contract is coming forward
for Council approval since the biennium contract rate will exceed $40,000. Future video arrangements
with the Regional Justice Center and SCORE Jail may affect the need to renegotiate future contract costs.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
C. 2011 Contract Renewal with Ball Janik. LLP for Lobbvina Services
This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City
of Tukwila in Washington, D.C. and on federal issues.
The most significant change to the contract is a reduction of the Scope of Work and Specific Services.
This reduction results in a $50,000 annual savings in comparison to past years and was reduced as part of
City -wide budget cuts. The Scope of Services is much more detailed and focused than past contracts.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
D. Phone Services Agreement with Integra Telecom
Staff is seeking Council approval to enter into a two -year agreement with Integra Telecom for phone
services in an amount not to exceed $125,000.
77
Finance Safety Committee Minutes December 7, 2010 Pape 2
Interga Telecom currently provides telephone services for the City's existing phone equipment which
serves City Hall, 6300 Building, both Public Works Shops and the Parks /Golf Maintenance Building.
Remaining buildings are serviced by other providers. The City is in the process of installing a new Voice
Over Internet Protocol (VoIP) phone system which also requires phone service that will be provided by
Integra Telecom. Differing from past practice this new system will allow all City locations to function on
the same system and serviced by the same vendor. Although serviced by the same vendor, the services
may be administered under separate service agreements. Regardless of the separate locations, the two
year contract will not exceed $125,000 for phone service. UNANIMOUS APPROVAL. FORWARD
TO DECEMBER 13 COW FOR DISCUSSION AND SPECIAL MEETING IMMEDIATELY
FOLLOWING FOR APPROVAL AS APPROPRIATE.
E. Yakima County Department of Corrections Contract
Staff is seeking Council approval to enter into a contract with the Yakima County Department of
Corrections from January 1, 2011 through December 31, 2011.
The current contract with Yakima County expires on December 31, 2010, and the SCORE Jail is not
anticipated to be operational until Fall 2011. In order to ensure the Police Department has ample room for
housing inmates prior to SCORE completion, staff is recommending entering into this one -year contract.
Specifically, this contract has no minimum bed requirement for the City. Charges will be incurred as beds
are utilized, and charges will not be assessed when there is no use. Based on staff calculation and previous
usage, it is anticipated that if Yakima County services needed to be utilized, the associate costs would not
exceed $150,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR
DISCUSSION AND SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS
APPROPRIATE.
F. Update on Special Legal Matters
Per a request made at the November 16 Finance and Safety meeting, staff returned to Committee with
a breakdown of Special Matters that were processed by Legal during 2009 -10. After review and
discussion, staff agreed to provide the following to Committee members: a memo addressing matters
involving World Wide Video, legal matters as provided in the agenda packet sorted by item, and a
summary of feedback regarding items that are expected/anticipated to be covered under general
counsel (i.e.: Code Enforcement). INFORMATION ONLY.
G. Sales Tax Report
Sales tax receipts for September showed the fourth increase and second consecutive of sales receipts this
year in comparison to the previous year. Cumulative totals to date now show the City just under 30%
behind budget and only 1.45% below last years' actuals. September receipts reflected the highest increase
($247,000) above the same month last year. INFORMATION ONLY.
H. 2010 3 Ouarter Reports
The Committee asked clarifying questions as appropriate regarding the status of program goals outlined in
the 2010 3rd Quarter Report. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5:46 p.m.
Next meeting: Per pending 2011 Committee Calendar
0 Committee Chair Approval
Minutes by KAM. Reviewed by MM, ED SH
78
COUNCIL AGENDA SYNOPSIS
OILA :{y
Iattrats �TF'M 1V0,
Meeting Date Prepared by tYlayo revrezv Council review J 1(;01 0 12/13/10 I SL I I
3 0
a 9o•. I I I I SPE 3. D
ITEM INFORMATION
CAS NUMBER. 10-146 I ORIGINAL AGENDA DATE. DECEMBER 13, 2010
AGENDA ITEM TITLE Agreement with Kirshenbaum Goss, Inc., PS for Public Defender services
C.\'1'I,G DzscuJ'stwn Motion Resolution Ordinance I I Bu1Award I PublicHearzng E Other
Mtg Date 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Counczl Mayor IT n DCD Finance Fire 1 1 Legal P&R n Police PW
SPONSOR'S This Agreement covers public defender services for indigent criminal defendants who
SUMMARY qualify for appointment counsel. The existing Agreement expires December 31, 2010. The
new Agreement is effective January 1, 2011 thru December 31, 2012. The costs will be at
the 2010 rates. (no increase). The Agreement requires Council approval prior to the
Mayor's signature.
RI.\'II..WI?D BY COW Mtg. CA &P Cmte N F &S Cmte Transportation Cmte
Utihties Cmte 111 Arts Comm. 1 I Parks Comm. 1 Planning Comm.
DATE. 12/07/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's office
CoMMITTE'E Unanimous Approval; Forward to Committee of the :"!hole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$247,580/2 Years $281,000 2 yrs $0
Fund Source:
Con2ln en is
MTG. DATE RECORD OF COUNCIL ACTION
12/13/10
MTG. DATE ATTACHMENTS
12/13/10 Information Memo dated November 30, 2010
Contract for Services
Minutes from the Finance and Safety Committee meeting of 12/07/10
79
80
z City of Tukwila
IDA �d;: o J im Haggerton, Mayor
1908 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM. Steve Lancaster
DATE: November 30, 2010
SUBJECT Contract for Public Defender Services
ISSUE
The current contract for public defender services provided by Kirshenbaum Goss expires
December 31, 2010. Attached is a proposed contract for 2011 -2012
BACKGROUND
The City of Tukwila contracts for public defender services including'
Representation for indigent criminal defendants who qualify for appointment counsel
These services include: screening, 24 -hour telephone access, and associated counsel
when appropriate.
DISCUSSION
Under the current and proposed contracts, public defender services are provided at a flat
monthly rate. This rate pertains to a caseload of 120 cases per month. When the caseload
exceeds 120, a per -case rate is applied.
The 2010 flat rate for public defender services is $10,315.80 per month, and the per -case rate
for cases over 120 is $85.00 per case. The 2011 -2012 contract rates will be the same.
RECOMMENDATION
It is recommended that this contract be forwarded to the December 13, 2010 Committee of the
Whole /Special Meeting for approval.
ATTACHMENTS
Draft Contract for Public Defender Services, 2011 -2012
81
82
AGREEMENT FOR
PUBLIC DEFENDER SERVICES
THIS AGREEMENT, entered into by and between the CITY OF TUKWILA, a non charter optional municipal
code city (the "City and Kirshenbaum Goss, Inc., P.5., a Washington corporation (the "Attorney
for the purpose of providing public defense services for the Tukwila Municipal Court:
IN CONSIDERATION of the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope of Services. All indigent criminal defendants charged under ordinances of the City who
qualify for appointment counsel and are screened upon or after January 1, 2011, shall be
referred to the Attorney. The Attorney shall provide legal representation for each of these
defendants from time of screening for eligibility through trial, sentencing and appeals to the
superior court, if necessary.
2. Applicant Screening. Determination of indigency for eligibility for appointed counsel under this
Agreement shall be determined by an independent screening process established by the City.
Should the Attorney determine a defendant is not eligible for assigned counsel prior to the
establishment of the attorney /client privilege, the Attorney shall so advise the City to reconsider
the screening of that particular individual.
3. 24 -Hour Telephone Access. The Attorney shall provide to the City Police Department a
telephone number or numbers at which an attorney may be reached 24 -hours each day for
"critical stage" advice to the defendants during the course of police investigations and /or arrest
for misdemeanor violations of City ordinances.
4. Associated Counsel. Any counsel associated with or employed by the Attorney shall have the
authority to perform the services called for herein and the Attorney may employ associate
counsel to assist him /her at the Attorney's expense. The Attorney and all associates or
attorney's hired pursuant to this section shall be admitted to practice pursuant to the rules of
the Supreme Court of the State of Washington.
5. Independent Contractor. The Attorney and City agree that the Attorney is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between
the parties hereto. Neither the Attorney nor any employee of the Attorney shall be entitled to
any benefits accorded to City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or social security or contributing to the State Industrial Insurance Program, or
83
otherwise assuming the duties of an employer with respect to the Attorney or any employee of
the Attorney.
6. Proof of Professional Liability Insurance. During the term of this Agreement and any extensions
thereof, the Attorney shall secure and maintain a policy of comprehensive professional liability
insurance given with an insurance company licensed to do business in the State of Washington.
Said policy shall have limits of not less than $1,000,000.00.
7. Indemnification. The Attorney shall indemnify and hold the City, its elected officials, officers,
and employees harmless from any and all claims whatsoever arising out of the Attorney's
performance of obligations pursuant to this Agreement, including claims arising by reason of
accident, injury or death.
8. Compensation. The city shall pay to the Attorney for services rendered under this Agreement
the flat rate of $10,315.80 per month during the period of January 1, 2011 December 31,
2012. This flat rate shall pertain to a caseload of 120 per month. In those months where the
caseload exceeds 120, the Attorney shall be compensated at a rate of $85.00 per case. These
provisions shall be reviewed annually not later than October of each year beginning in 2011 to
determine their appropriateness. Adjustments in the rate for the following year shall be made
upon mutual written agreement by both parties. The Attorney shall bill the City on the first day
of the month, or the first workday thereafter, for all cases assigned to him /her for the previous
month. The first payment shall be made on or before January 20, 2011 and by the 20 day of
each and every month thereafter.
9. Discovery Provided. The City shall provide to the Attorney, at no cost to the Attorney or
defendant, one copy of all discovery material concerning each assigned case. Such material
shall include, where relevant, a copy of the abstract of the defendant's driving record.
10. Code Provided. The City shall provide to the Attorney, at no cost to the Attorney, one copy of
the Tukwila Municipal Code, and any amendments thereto adopted during the term of this
contract.
11. No Assignments or Subcontracts. No assignment or transfer of this Agreement, nor of any
interest in this Agreement, shall be made by either of the parties without prior written consent.
12. Attorney Conflict. In the event the representation of a defendant hereunder raises a conflict of
interest such that the Attorney cannot ethically represent the defendant, said defendant shall
be referred back to the City for further assignment, without cost to the Attorney.
13. Term of this Agreement. Provisions of services pursuant to this Agreement shall commence on
January 1, 2011, and shall remain in full force and effect through December 31, 2012, unless
terminated earlier pursuant to the provisions hereof.
84
14. Termination.
a) At Election of the City or Attorney: The City or Attorney may terminate this Agreement
without the necessity of substantiating cause upon expiration of sixty (60) days from receipt
by City or Attorney of written notice of such termination.
b) For Reasons Beyond Control of Parties: Either party may terminate this Agreement without
recourse by the other where performance is rendered impossible or impractical for reasons
beyond such party's reasonable control, such as, but not limited to, acts of nature, war or
war -like operations; civil commotion; riot; labor dispute, including strike, walkout, or
lockout; sabotage; or superior governmental regulation control.
c) Notice. Notice of termination pursuant to section 13.a above, shall be given by the party
terminating this Agreement to the other not less than thirty (30) days prior to the effective
date of termination.
15. Amendments. No modification or amendment of the provision of this Agreement shall be
effective unless in writing and signed by authorized representatives of the parties hereto.
16. Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter of this Agreement. There are no promises, terms, conditions or
obligations other than those contained herein, and this Agreement shall supersede all previous
communications, negotiations, representations or agreements, either verbal or written,
between the parties hereto concerning the subject matter of this Agreement.
17. Applicable Law: Venue: Attorney's Fees. This Agreement 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 Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The
prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
18. Severabilitv. Each and every provision of this Agreement shall be deemed to be severable. The
invalidity or unenforceability of any particular provision of this Agreement shall not affect the
other provisions hereof, and the Agreement shall be construed in all respects as if such invalid
or unenforceable provision were not a part of this Agreement.
19. Notices. Notices to the City shall be made to the following address:
City of Tukwila
6300 Southcenter Parkway
Tukwila, WA 98188
85
Notices to the Attorney shall be sent to the address provided by the Attorney upon the
signature line below.
20. Authority. Each individual executing this Agreement on behalf of the City and the Attorney
represents and warrants that such individuals are duly authorized to execute and deliver this
Agreement on behalf of the Attorney or the City.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day of
CITY OF TUKWILA ATTORNEY:
By: By:
Jim Haggerton, Mayor
Title:
ATTEST /AUTHENTICATED:
Printed Name:
Christy O'Flaherty, City Clerk Address:
APPROVED AS TO FORM:
City Attorney
86
ILAI 1yam
4
�z City of Tukwila
a Finance and Safety Committee
x 190=
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
December 7, 2010 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy
Staff: Shawn Hunstock, Frank Iriarte, Marty Grisham, Eric Dreyer, Mary Miotke, Steve Lancaster
and Kimberly Matej
CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Public Defense Contract with Kirshenbaum and Goss,
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender
services to be provided during the 2011 -12 biennium.
i'\ The monthl y contract rate for the biennium will be $10,315.80 for up to 120 cases per month. Case loads
in excess of 120 will be charged at $85.00 per case. The contract amount remains that same as the 2010
base rate. CPI escalators are not built into this two -year contract; however, staff recognizes that a federal
mandate for public defenders may affect contract cost which will be addressed when appropriate.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Video Public Defense Contract with Kirschenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public
defense services to be provided during the 2011 -12 biennium in the amount of $43,200.
The monthly contract flat rate for the biennium will be $1,800 per month. This contract is coming forward
for Council approval since the biennium contract rate will exceed $40,000. Future video arrangements
with the Regional Justice Center and SCORE Jail may affect the need to renegotiate future contract costs.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
C. 2011 Contract Renewal with Ball Janik. LLP for Lobbying Services
This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City
of Tukwila in Washington, D.C. and on federal issues.
The most significant change to the contract is a reduction of the Scope of Work and Specific Services.
This reduction results in a $50,000 annual savings in comparison to past years and was reduced as part of
City -wide budget cuts. The Scope of Services is much more detailed and focused than past contracts.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
D. Phone Services Agreement with Integra Telecom
Staff is seeking Council approval to enter into a two -year agreement with Integra Telecom for phone
services in an amount not to exceed $125,000.
87
88
COUNCIL AGENDA SYNOPSIS
,I ILA
"r-ol.'lly Initials ITEM NO.
Q ry Meeting Date Prepared by I Mayorsjjeozew Council review
:,z, GI 1 12/13/10 1 SL 1 )(P (A1, sQ 1 3
�k I I I I 4—
90• I 1 I I SQE 5`E.
ITEM INFORMATION
I CAS NUMBER: 10-147 I ORIGINAL AGENDA DATE. DECEMBER 13, 2010
AG kND I 1'1?M TITLE Agreement with Kirshenbaum Goss, Inc. PS for Video Public Defender services
CAT' i GORY Discussion Motion n Resolution n Ordinance I 'Bid Award I 1 Public Hearing n Other
Mtg Date 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
ISN )NSOR 1 Council Mayor 1 IT n DCD LI Finance Fire Legal n P&R Police 1 PW
SPONSOR'S This Agreement covers video public defender services for indigent criminal defendants who
SUMMARY qualify for appointment counsel. The existing Agreement expires December 31, 2010. The
new Agreement is effective January 1, 2011 thru December 31, 2012. The costs will be at
the 2010 rates (no increase). This Agreement requires Council approval prior to the
Mayor's signature.
RI, \'I1?WI,D BY COW Mtg CA &P Cmte F &S Cmte L Transportation Cmte
I 1 Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12/07/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$43,200 2 yr term $45,000 2 yrs $0
Fund Source:
Conznzezzts
MTG. DATE RECORD OF COUNCIL ACTION
12/13/10
MTG. DATE ATTACHMENTS
12/13/10 Informational Memo dated November 30, 2010
Contract for Services
Minutes from the Finance and Safety Committee meeting of 12/07/10
89
90
041LA h
4 ss City of Tukwila
1 Jim Haggerton, Mayor
`90a INFORMATIONAL MEMORANDUM
TO. Mayor Haggerton
Finance and Safety Committee
FROM: Steve Lancaster
DATE: November 30, 2010
SUBJECT: Contract for Video Public Defense Services
ISSUE
The current contract for video public defender services provided by Kirshenbaum Goss
expires December 31, 2010. Attached is a proposed contract for 2011 -2012.
BACKGROUND
The City of Tukwila contracts for video public defender services including:
Daily video court public defense services to defendants who are detained at the Regional
Justice Center or King County Jail and qualify for public defense services.
DISCUSSION
Under the current and proposed contracts, public defender services are provided at a flat
monthly rate. The 2010 flat rate for public defender services is $1,800 per month. The 2011-
2012 contract rate will be the same.
RECOMMENDATION
It is recommended that this contract be forwarded to the December 13, 2010 Committee of the
Whole /Special Meeting for approval.
ATTACHMENTS
Draft Contract for Video Public Defender Services, 2011 -2012
91
92
AGREEMENT FOR VIDEO
PUBLIC DEFENSE SERVICES
THIS AGREEMENT, entered into by and between the City of Tukwila, Washington, a non charter optional
municipal code city (the "City and Kirshenbaum Goss, Inc., P.S., a Washington corporation (the
"Firm for the purpose of providing video court public defense services for the Tukwila Municipal
Court.
IN CONSIDERATION of the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope of Services. The Firm shall provide daily video court public defense services to
defendants charged under ordinances of the City who are detained at the Regional Justice
Center (RJC) or King County Jail (KCJ) and qualify for public defense services (Services) in a
manner consistent with the accepted practices for similar services, performed to the City's
satisfaction. In performing the Services, the Firm shall comply with the terms of the RJC Video
Court Agreement, as now existing or hereafter adopted or amended.
2. Term of this Contract. This Agreement shall commence on January 1, 2011, and shall remain in
full force and effect through December 31, 2012, unless terminated earlier pursuant to the
provisions of this Agreement.
3. Compensation.
a) Monthly Rate. In consideration of the Firm performing the services as outlined in this
Agreement, the City agrees to pay the Firm an amount not to exceed $21,600.00, or
$1,800.00 per month.
b) Billing. The Firm shall bill the City monthly. Payment by the City for will only be made after
the services have been performed and an invoice is submitted in a form acceptable to the
City. The City agrees to seek approval for payment as soon as possible after receipt of the
invoice.
4. Associated Counsel. Any counsel associated with or employed by the Firm shall have the
authority to perform the services called for herein, and the Firm may employ associated counsel
to assist him or her at the Firm's expense. The Firm and any other attorneys retained pursuant
to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the
State of Washington.
5. Independent Contractor. The Firm and City agree that the Firm is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement
shall be considered to create the relationship of employer and employee between the parties
93
hereto. Neither the Firm nor any employee of the Firm shall be entitled to any benefits
accorded to City employees by virtue of the services provided under this Agreement.
The City shall not be responsible for withholding or otherwise deducting federal income tax or
social security or contributing to the State Industrial Insurance Program, or otherwise assuming
the duties of an employer with respect to the Firm, or any employee of the Firm.
6. Indemnification. The Firm shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the acts, errors or omissions of the Firm
in the performance of this contract, except for injuries and damages caused by the sole
negligence of the City.
7. Proof of Professional Liability Insurance. During the term of this Agreement and any extensions
thereof, the Firm shall secure and maintain a policy of comprehensive liability insurance
provided by an insurance company licensed to do business in the State of Washington. Said
policy shall have limits of not less than $1,000,000.00 and shall name the City of Tukwila as an
additional named insured. Said insurance policy shall include a provision prohibiting
cancellation or reduction in the amount of said policy except upon thirty (30) days prior written
notice to the City. Cancellation of the required insurance shall automatically result in
termination of this Agreement without notice.
8. Assignment and Subcontract. The Firm shall not assign or subcontract any portion of the
services contemplated by this Agreement.
9. Attorney Conflict. In the event the representation of a defendant hereunder raises a conflict of
interest such that the Firm cannot ethically represent the defendant, said defendant shall be
referred back to the City for further assignment, without cost to the Firm.
10. Termination. This Agreement may at any time be terminated by the City upon providing the
Firm thirty (30) days written notice of the City's intention to terminate the same.
11. Discrimination Prohibited. In providing the services under this Agreement, the Firm shall not
discriminate against any person on the basis of race, color, religion, creed, sex, age, national
origin, marital status or presence of any sensory, mental or physical handicap.
12. Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter of this Agreement. There are no promises, terms, conditions or
obligations other than those contained herein, and this Agreement shall supersede all previous
communications, negotiations, representations or agreements, either verbal or written,
between the parties hereto concerning the subject matter of this Agreement.
94
13. Amendments. No modification or amendment of the provision of this Agreement shall be
effective unless in writing and signed by authorized representatives of the parties hereto.
14. Applicable Law: Venue: Attorney's Fees. This Agreement 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 Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington The
prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
15. Severabilitv. Each and every provision of this Agreement shall be deemed to be severable. The
invalidity or unenforceability of any particular provision of this Agreement shall not affect the
other provisions hereof, and the Agreement shall be construed in all respects as if such invalid
or unenforceable provision were not a part of this Agreement.
16. Notices. Notices to the City shall be made to the following address:
City of Tukwila
6200 Southcenter Parkway
Tukwila, WA 98188
Notices to the Firm shall be sent to the address provided by the Firm upon the signature line
below.
17. Authority. Each individual executing this Agreement on behalf of the City and the Firm
represents and warrants that such individuals are duly authorized to execute and deliver this
Agreement on behalf of the Attorney or the Firm.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day of
CITY OF TUKWILA ATTORNEY:
By: By:
Jim Haggerton, Mayor
Title:
ATTEST /AUTHENTICATED:
Printed Name:
Christy O'Flaherty, City Clerk Address.
APPROVED AS TO FORM:
City Attorney
95
96
&\j"
<47 City of Tukwila
a1
�2 Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
December 7, 2010 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy
Staff Shawn Hunstock, Frank Iriarte, Marty Grisham, Eric Dreyer, Mary Miotke, Steve Lancaster
and Kimberly Matej
CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m.
L PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Public Defense Contract with Kirshenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender
services to be provided during the 2011 -12 biennium.
The monthly contract rate for the biennium will be $10,315.80 for up to 120 cases per month. Case loads
in excess of 120 will be charged at $85.00 per case. The contract amount remains that same as the 2010
base rate. CPI escalators are not built into this two -year contract; however, staff recognizes that a federal
mandate for public defenders may affect contract cost which will be addressed when appropriate.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Video Public Defense Contract with Kirschenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public
defense services to be provided during the 2011 -12 biennium in the amount of $43,200.
The monthly contract flat rate for the biennium will be $1,800 per month. This contract is coming forward
for Council approval since the biennium contract rate will exceed $40,000. Future video arrangements
with the Regional Justice Center and SCORE Jail may affect the need to renegotiate future contract costs.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
C. 2011 Contract Renewal with Ball Janik. LLP for Lobbvine Services
This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City
of Tukwila in Washington, D.C. and on federal issues.
The most significant change to the contract is a reduction of the Scope of Work and Specific Services.
This reduction results in a $50,000 annual savings in comparison to past years and was reduced as part of
City -wide budget cuts. The Scope of Services is much more detailed and focused than past contracts.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
D. Phone Services Agreement with Integra Telecom
Staff is seeking Council approval to enter into a two -year agreement with Integra Telecom for phone
services in an amount not to exceed $125,000.
97
98
COUNCIL AGENDA SYNOPSIS
�11LA 1,�,
Initials NO.
,t� ;t�� Meeting Date Prepared b 1 May review 1 _Council reuieu�
,.,f: I 12/13/10 I SL I i:/ I�/.� 3�
a k I I j t
I I I c Fe
a 90 I I I I P
ITEM INFORMATION
CAS NUMBER: 10-148 !ORIGINAL AGENDA DATE. DECEMBER 13, 2010
AGISND,\ I'1'1. :m TITLE Agreement with Ball Janik, LLP for services outlined on Exhibit A of the Agreement
C 1'1 :G c RY Discussion Motion 1 Resolution Ordinance [J Bed Award I Public Hearing I-I Other
Mtg Date 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
Si C )NSOR Council Mayor fl IT DCD Finance n Fzre U Legal U P &R Police n PW
SP( )NSOR's This Agreement covers services as outlined on Exhibit A of the Agreement. The existing
SUMMARY Agreement expires December 31, 2010. The new Agreement is effective January 1, 2011
thru December 31, 2012. The costs have been reduced by approximately 39% from the
2010 rates. This Agreement requires Council approval prior to the Mayor's signature.
RI 11:\W/ED BY COW Mtg. CA &P Cmte F &S Cmte U Transportation Cmte
I 1 Utihties Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12/07/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
1
COST IMPACT FUND SOURCE
EXPENDJTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$139,992 2 yr term $139,992 2 yrs $0
Fund Source
Comments
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
12/13/10
MTG. DATE ATTACHMENTS
12/13/10 Informational Memo dated November 30, 2010
Contract for Services
Minutes from the Finance and Safety Committee meeting of 12/07/10
99
100
ILA y
,.f �s City of Tukwila
'.a° Jim Haggerton, Mayor
90a INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Steve Lancaster
DATE: November 30, 2010
SUBJECT: Contract for Legislative Services, Ball Janik, LLP
ISSUE
The current contract for federal representation for the City of Tukwila provided by Ball Janik LLP
expires December 31, 2010 Attached is a proposed contract for 2011 -2012.
BACKGROUND
The City of Tukwila contracts for services including:
Monitoring federal policy legislation, informing City officials of issues that may advance or
hinder Tukwila's goals.
Providing guidance and assistance to the City regarding opportunities to secure federal
funding
Providing City staff and elected leaders with advice and perspective regarding funding
opportunities.
Identifying key officials and contacts for City staff /identifying best options for making
contacts.
DISCUSSION
Under the current and proposed contracts, these services are provided at a flat monthly rate.
The 2010 flat rate for Ball Janik is $9,568 per month plus expenses (expenses not to exceed
$1,000 per month without prior approval of the City)
The 2011 -2012 flat rate has been reduced by 39 or $5,833 per month, which is inclusive of
expenses, and resulting in an annual reduction of about $50,000.
RECOMMENDATION
It is recommended that this contract be forwarded to the December 13, 2010 Committee of the
Whole /Special Meeting for approval.
ATTACHMENTS
Draft Contract for Ball Janik LLP services, 2011 -2012
101
102
CONTRACT FOR SERVICES
Ball Janik, L.L.P.
This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional
municipal code city hereinafter referred to as "the City" and Ball Janik, LLP, hereinafter referred to as
"the Contractor" whose principal office is located at 1455 F Street, NW, Suite 225, Washington, D.C.
20005.
Whereas, the City has determined the need to have certain services performed for its citizens but does
not have the staff resources or expertise to perform such services, and
Whereas, the City desires to have the Contractor perform such services pursuant to certain terms and
conditions,
Now, therefore, in consideration of the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those
services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set
forth. In performing such services, the Contractor shall at all times comply with all Federal, State and
local statues, rules and ordinances applicable to the performance of such services and the handling of
any funds used in connection therewith. The contractor shall request and obtain prior written approval
for the City if the scope or schedule is to be modified in any way.
Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $5833.00 per month, inclusive of expenses
($69,996 annually).
Contractor Budget. The contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2011 and ending December 31, 2012, unless sooner terminated under the provisions
hereinafter specified.
Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by
103
Bali Janik Agreement
2011 -2012
Page 2
virtue of the services provided under this Agreement. The City shall not be responsible for withholding
or otherwise deducting federal income tax or social security or contributing to the State Industrial
Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or
any employee of the Contractor.
Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents
and employees, from and against any and all claims, losses, or liability, including attorney's fees, arising
from injury or death to persons or damage to property occasioned by any act, omission or failure of the
Contractor, its officers, agents and employees, in performing the work required by this Agreement.
With respect to the performance of this Agreement and as to claims against the City, its officers, agents
and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to
indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or
on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This
paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and
employees. To the extend any of the damages referenced by this paragraph were caused by or resulted
from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend
and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its
officers, agents, and employees.
Insurance. The Contractor shall procure and maintain in full force throughout the duration of the
Agreement, comprehensive general liability insurance with a minimum coverage of $500,000.00 per
occurrence /aggregate for personal injury and property damage. Said policy shall name the City of
Tukwila as an additional named insured and shall include a provision prohibiting cancellation or
reduction in the amount of said policy except upon thirty (30) days prior written notice to the City.
Cancellation of the required insurance shall automatically result in termination of this Agreement.
Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen
(15) days of execution of this Agreement.
Record Keening and Reporting. The Contractor shall maintain accounts and records, including
personnel, property, financial and programmatic records that sufficiently and properly reflect all direct
and indirect costs of any nature expended and services in the performance of this Agreement. These
records shall be maintained for a period of seven years after termination hereof unless permission to
destroy them is granted by the office of the archivist in accordance with RCW Chapter 4014 and by the
City.
104
Ball Janik Agreement
2011 -2012
Page 3
Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject to inspection, review or audit by law during the performance of this
Agreement.
Termination. The City, after giving to the Contractor thirty (30) days written notice of the City's
intention to terminate the same, may at any time, terminate this Agreement. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
cancelled for any reason, the City shall have the right to terminate this Agreement
Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for
employment, or any person seeking the services of the Contractor to be provided under this Agreement
on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any
sensory, mental or physical handicap.
Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services
contemplated by this Agreement without the written consent of the City.
Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no
other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed
to exist or bind any of the parties hereto. Either party may request changes in the Agreement.
Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to
this Agreement.
Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Notices to the Contractor shall be sent to the following address:
Ball Janik, LLP
Michele E. Giguere
101 SW Main St., Suite 1100
Portland, OR 97204
105
Ball Janik Agreement
2011 -2012
Page4
Applicable Law. Venue. Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or the
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that the venue shall be properly laid in King County, WA.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this day of
CITY OF TUKWILA CONTRACTOR
By: By:
Jim Haggerton, Mayor Title:
ATTEST /AUTHENTICATED: Printed Name:
Address:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
106
Exhibit A
Scope of Work and Specific Service
Ball Janik, LLP
1. Scope of Work: Ball Janik LLP will provide federal representation and lobbying services for
the City of Tukwila related to securing federal authorization and appropriation for key projects
identified by the City. Ball Janik LLP will also work with City officials, City staff, the
Washington Congressional delegation, key Congressional Committees, and Administration
officials to build upon previous work done by the City and to take advantage of new programs
initiated by the Obama Administration. Reflecting the reduced size of the 2011 contract between
the City and Ball Janik, the Scope of Work for the remaining two months of 2010 and through
June 30, 2011 has been edited to primarily reflect those initiatives that will most likely lead to
federal financial assistance to the City.
Ball Janik's work on behalf of the City in 2011 will primarily be focused on representing the
City's interests on three initiatives:
1) The reauthorization of SAFETEA -LU
2) Advocating for one annual appropriation request
3) Advancing the City's interests in terms of levee funding, levee certification, and
various funding initiatives associated with Howard Hanson Dam flood control initiatives.
While Ball Janik's work will primarily be focused on the work outlined above, in terms of
overall federal policy, Ball Janik will continue to generally monitor legislation being considered
by Congress and will inform City officials about legislative proposals that will either advance or
hinder Tukwila's efforts to achieve its primary goals and priorities. Included within this general
monitoring will be possible Congressional action governing telecommunications and local
control over franchising, environmental, energy conservation, affordable housing, emergency
responders, and water policy bills.
In terms of SAFETEA -LU reauthorization, because Congress did not finalize the surface
transportation reauthorization bill in the 111 Congress, new efforts to reauthorize the bill will
need to be initiated in 2011. As such, Ball Janik will continue to assist the City in advancing its
highest priority "Priority Project" request, and will assist the City in every step of the process
associated with submitting a request. In addition, Ball Janik will closely monitor policy
recommendations being considered as part of the transportation reauthorization and will
represent the City's interests in those discussions when appropriate.
In terms of water policy legislation, efforts will be undertaken in the 112 Congress to pass a
new Water Resources Development Act (WRDA). Ball Janik will represent the City's interest in
this debate and assist the City in advancing a specific funding request seeking funds to
strengthen the Green River levees and /or permanently repair the Howard Hanson Dam.
On matters of appropriations and federal funding, Ball Janik will provide guidance and
assistance to the City regarding opportunities to secure federal funding for one appropriation
project that the City will propose for FY12 federal funding. In particular, Ball Janik will provide
City staff and elected leaders with advice and perspective on the chances for successfully
107
pursuing initial or additional federal funding for one project such as: the Southcenter Transit
Center; circulator bus plans and /or partnership with Metro Seattle bus; Southcenter Parkway
extension project; Klickitat /Urban Center access transportation project; Community Connections
Project including funds to assist with the construction of a new pedestrian bridge linking the
Urban Center to the commuter rail station; resource related projects such as the Green
Duwamish restoration project; library needs; commuter rail, State and related commercial and
housing development work at Southcenter and Tukwila Village; human resources; emergency
responder; land acquisition; transportation enhancement; community or commercial development
related projects; emergency flood preparation, or another project identified by the City.
In addition, Ball Janik will continue to monitor federal grant funding opportunities (particularly
ARRA /TIGER funds) and notify the City about grant deadlines and funding opportunities that
might closely fit with the City's priorities.
Projects and priorities can be re- evaluated in the course of the year as Congressional and City
priorities and agendas change and new opportunities to enhance federal financial support for City
projects are presented. Ball Janik LLP will consult in December, 2010, or early January, 2011
with City officials to identify the City's primary federal agenda and priority appropriation
request.
2. Specific Services: Ball Janik LLP will be responsible, at a minimum for the following:
Inform the City of key timelines for proposed actions
Identify federal rule, policies, and laws that support the City's goals,
Identify key officials and contacts that the City needs to meet with and the best time to
make such contacts
Brief all appropriate congressional and federal officials about Tukwila's priorities
identified in the above Scope of Work
Advise City of key dates in the congressional and administrative calendar that impact its
goals
Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all
key members of the Washington congressional delegation
Prepare project request subcommittee forms, and review briefing materials prepared by
the City
When appropriate, develop legislation, amendments, report language, and budget
recommendations, and move them through the legislative process, attending and working
with the congressional delegation and their Congressional officials at hearings, mark -ups
and House /Senate conferences on legislation
When appropriate, assist Members of the congressional delegation with preparation of
testimony, questions for agency officials at hearings, speeches and floor colloquies,
drafting amendments and or committee report language and legislation
Work with the City to protect the City's interests in changing telecommunication policy
Attend and report on congressional hearings of import
Advise City of new regulations, programs, or proposed legislation that relate to those
areas of focus outlined in the above Scope of Work
108
Specifically monitor, analyze, report on, and make recommendations for initiatives and
project requests for major reauthorization of legislation, and the annual appropriations
bills
Advise the City about working for transportation project funding and policy changes in
SAFETEA -LU reauthorization and work with City and other officials throughout the year
to promote strong regional and state support for the City's priorities
Obtain appointments for City officials in Washington, D.C., develop schedules,
accompany City officials to meetings, and provide briefing materials for City officials for
their meetings with Congressional officials
109
Exhibit B
Terms of Payment
Ball Janik, LLP will invoice the City for the work completed at the rate of $5,833.00 per month,
inclusive of expenses ($69,996 annually). Invoices will be paid within twenty (20) days of
receipt.
This contract shall be in effect from January 1, 2011 to December 31, 2012.
110
�tLA LA
T City ®f Tukwila pa \y;
-11 w
aS
\r, Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
December 7, 2010 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy
Staff: Shawn Hunstock, Frank Iriarte, Marty Grisham, Eric Dreyer, Mary Miotke, Steve Lancaster
and Kimberly Matej
CALL TO ORDER: Chair Quinn called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Public Defense Contract with Kirshenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender
services to be provided during the 2011 -12 biennium.
The monthly contract rate for the biennium will be $10,315.80 for up to 120 cases per month. Case Loads
in excess of 120 will be charged at $85.00 per case. The contract amount remains that same as the 2010
base rate. CPI escalators are not built into this two -year contract; however, staff recognizes that a federal
mandate for public defenders may affect contract cost which will be addressed when appropriate.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
B. Video Public Defense Contract with Kirschenbaum and Goss
Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public
defense services to be provided during the 2011 -12 biennium in the amount of $43,200.
The monthly contract flat rate for the biennium will be $1,800 per month. This contract is coming forward
for Council approval since the biennium contract rate will exceed $40,000. Future video arrangements
with the Regional Justice Center and SCORE Jail may affect the need to renegotiate future contract costs.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
C. 2011 Contract Renewal with Ball Janik. I,LP for Lobbying Services
This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City
of Tukwila in Washington, D.C. and on federal issues.
The most significant change to the contract is a reduction of the Scope of Work and Specific Services.
This reduction results in a $50,000 annual savings in comparison to past years and was reduced as part of
City -wide budget cuts. The Scope of Services is much more detailed and focused than past contracts.
UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR DISCUSSION AND
SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS APPROPRIATE.
D. Phone Services Agreement with Integra Telecom
Staff is seeking Council approval to enter into a two -year agreement with Integra Telecom for phone
services in an amount not to exceed $125,000.
111
112
COUNCIL A GE FDA SYNOPSIS
'4� Initial, ITEM NO.
y Meetz Date
z 44 X Preparedly [Vlayor'r,revzezv Coz
r= Z I 12/13/10 I 1 �a I t),e 1 3
,4 12/13/10 I ED I AA Q1Lk 1
-:w I I I I 1 P�.
ITEM INFORMATION
CAS NUMBER. 10-149 'ORIGINAL AGENDA DATE. DECEMBER 13, 2010
Ac,I:ND.\ IT1 TITLE Yakima County Department of Corrections 2011 contract
C. \'I'I?GoltY Dzscusszotl Motion Resolutzon I 1 Ordznance E BzdAward
n Public Hearing n Other
Mfg Dale 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPC )NS( nz n Councz/ Mayor 1 1 Adm Svcs 1 I DCD U Finance n Fare 1 1 Legal P&R Police 1 1 Pr
SPONSOR'S The Police Department will brief the City Council on the 2011 extension of the Yakima
SUMMARY County Department of Corrections Contract. An extension of the contract with Yakima
County is needed to sustain inmate housing requirements until the new South Correctional
Entity (SCORE) is constructed.
RI: \'tl:WI?l) 13Y 1 1 COW Mtg. CA &P Cmte F &S Cmte 1 1 Transportation Cmte
1 1 Utilities Cmte Arts Comm. n Parks Comm. 1 Planning Comm.
DATE. December 7, 2010
RECOMMENDATIONS:
SPONSOR /ADMIN Police Department
COMMITTEE Ilnanir ous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExPI?NDITURIs REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments
MTG. DATE 1 RECORD OF COUNCIL ACTION
12/13/10
t f
MTG. DATE I ATTACHMENTS
12/13/10 I Informational Memorandum dated 12/01/10
Yakima County Corrections Inmate Housing Agreement
I I Minutes from the Finance and Safety Committee meeting of 12/7/10
I I
I
11 3
114
4 4Y; City of Tukwila
4
NO
Jim Haggerton, Mayor
290 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM Eric Dreyer, Patrol Commander Tukwila Police
DATE: November 30th, 2010
SUBJECT: Yakima County Department of Corrections Contract 2011
ISSUE
The City's contract with the Yakima County Department of Corrections terminates on December
31 2010, and a new contract will need to be reinstated to cover inmate housing while we wait
for the South Correctional Entity (SCORE) facility to open its doors in late 2011 A 2011
contract with Yakima Jail has been drafted and is submitted for your review.
BACKGROUND
The City of Tukwila currently contracts with the Yakima County Department of Corrections for
housing of inmates associated with sentencing of Tukwila criminal convictions. In an effort to
provide a localized regional solution to the needs of several south King County cities, the City of
Tukwila and partnered cities have ownership in the new SCORE facility being constructed in
SeaTac Des Moines.
The SCORE facility:
Where the area is on the SeaTac Des Moines city lines, just south of the SeaTac
Runway, off of 200th to the north. The area is a patchwork of lands owned by the Port of
Seattle, the City of SeaTac, the City of Des Moines, and WSDOT.
Who Key Players involved are the cities of Auburn, Burien, Des Moines, Federal Way,
Renton, SeaTac, and Tukwila. SCORE is an independent administration agency and is a
separate legal entity from the 7 participating cities.
What Why SCORE's goal is to build and operate a 668 -bed misdemeanor jail to
provide capacity for displaced inmates from the KC jail by 2012. The overall plan for a
new jail system has been in the works since 2001.
When SCORE 's goal is to have its doors open for inmate acceptance in September of
2011.
With the termination of our current contract with Yakima County Department of Corrections on
December 31 2010, and the budgetary concerns associated with the King County Jail, there
will be a shortfall of inmate housing options for the City of Tukwila until the SCORE facility is
open.
1 15
INFORMATIONAL MEMO
Page 2
DISCUSSION
The Contract:
A group of representatives from the impacted cities called the Jail Administration Group (JAG)
was formed to handle discussions on the regional housing needs of inmates. Although the
cities will negotiate individually for a contract with the Yakima County Department of
Corrections, the JAG has been working the Yakima County Department of Corrections for a
unified proposal. That proposed contract has been vetted through the Tukwila City Attorney and
the City Clerk's offices, and the final contract is attached for review.
The significant change in the contract is that there will be no minimum bed requirements. In
other words, we only pay for what we use. So, once SCORE is up and running, we will no
longer have a need for using the Yakima County Facilities.
Cost:
The current daily housing rate for Tukwila inmates is $75.35 per inmate per day. The new
contract will raise the rate to $99.80 per inmate per day. The increase is due to the budgetary
concerns impacting Yakima County and the clause that allows for no minimum bed requirement.
In 2010 the City of Tukwila has averaged 5 housed inmates per day, which, with the 2011
contract increase, equates to an increased cost of $32,640.75 for the anticipated time period.
(The first three quarters of 2011 until the SCORE facility is operational.)
The City currently budgets $1,120,000.00 for all of its inmate custodial needs, of which this
contract represents approximately 12.25 (budget line 000.10.523.699).
Less expensive alternatives for inmate housing are still being investigated. In the event no
other alternatives are found, this contract needs to be in place to fulfill the inmate housing
requirements of the City. This contract does not obligate the City to utilize the Yakima County
facility, yet leaves the option open for use if needed.
RECOMMENDATION
The Council is being asked to consider approval of the Yakima County Department of
Corrections 2011 one -year contract in order to cover the City's inmate housing needs until the
SCORE facility is opened in September of 2011.
The Council is being asked to consider this issue at the December 13th, 2010 Committee of the
Whole and subsequent December 13th, 2010, Special meeting.
ATTACHMENTS
The Yakima Jail Contract
11
AGREEMENT FOR INMATE HOUSING 2011
THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement is made and
entered into by and between Yakima County (hereinafter the "County and the City of
Tukwila (hereinafter the "City
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to
enter into a contract for inmate housing, and
WHEREAS, the City desires to transfer custody of certain of its inmates to the County to
be housed in the County's corrections facilities during those inmates' confinement, and to
compensate the County for housing such inmates, and
WHEREAS, the County desires to house inmates who would be otherwise in the City's
custody on the terms agreed herein.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises
contained herein, the parties hereto mutually agree as follows:
1. Purpose. The purpose and intent of this Agreement is to establish the terms under
which the County will house City inmates during the calendar year 2011.
2. Definitions.
Business day means Monday through Friday excluding Yakima County standard holidays.
City Inmate means a person subject to City custody who is transferred to County custody
under this Agreement.
Committing Court means the court that issued the order or sentence that established the
City's custody of a City Inmate.
Detainer A legal order authorizing or commanding another agency a right to take custody of
a person.
YCDOC The Yakima County Department of Corrections.
3. General Provisions. The County shall accept City Inmates according to the terms of
this Agreement and shall provide housing, care, and custody of those City Inmates in the same
manner as it provides housing, care and custody to its own inmates.
The County shall manage, maintain, and operate its corrections facilities in compliance with all
applicable federal, state, and local laws and regulations.
4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, the
County shall have the right to refuse to accept a City Inmate or to return a City Inmate to the
City, if the Inmate has a current illness or injury that is listed in Attachment A Medical
Acceptability, or in the reasonable judgment of the County presents a substantial risk of
escape, or of injury to other persons or property, or of adversely affecting significantly
disrupting the operations of the County's corrections facilities. The County shall provide notice
to the City at least one business day prior to transport if a City Inmate is being returned to the
City, The cost of transport shall be paid by the City unless the transport can be made by the
County within the terms set forth in Section Sof this Agreement.
Agreement for Inmate Housing 2011
Page 1 117
5. Inmate Transport. County Transported: The County shall transport Inmates to and
from the County's corrections facilities except when weather or other conditions beyond the
County's control prevent transport. Inmate transport dates will be determined by the
amount of inmates the City has housed with the County.
The County will pick up and drop off Inmates at the King County Regional Justice Center at 620
Wwest James Street, Kent, WA 98032. In the event the City wishes the County to pick up
and /or drop off a City Inmate at another detention or correction facility, the City shall notify the
County of the location of the Inmate for pick up and /or drop off. The County reserves the right
to refuse to transport a City Inmate to or from another detention or correction facility.
The City shall provide a written inmate transport list to the County no later than 1330 hours the
business day prior to transport. At the time of scheduling transport if possible, but no later than
transport pickup, the City shall provide to the County the warrant or court order detaining or
committing the Inmate, as well as any order that specifies the Inmate's next court date or
sentence to confinement.
The City shall provide a complete copy of each Inmate's records in its possession to the County
prior to transferring custody of the Inmate to the County. The County will not assume custody
of any inmate without a warrant or court order that commits the Inmate to confinement.
City Transported: The City will provide the County a written transport list to the County
no later than 1330 hours the business day prior to delivery. At the time of delivery, the City
shall provide the County the warrant or court order detaining or committing the inmate as well
as any order that specifies the Inmate's next court date or sentence to confinement.
The City shall provide a complete copy of each Inmate's records in its possession to the County
prior to transferring custody of the Inmate to the County. The County will not assume custody
of any inmate without a warrant or court order that commits the Inmate to confinement.
6. Inmate Records. The City shall provide all medical records in its possession to the
County's transport officers prior to the Inmate's departure from the City's detention or
designated detention facility. In the event the Inmate is transported by the City, the City shall
provide all medical records in its possession to the County's booking officer. In the event
additional information is requested by the County regarding a particular Inmate, the County and
City will mutually cooperate to provide the additional information needed.
7. Inmate Property. The County shall accept and transport Inmate property in
accordance with Attachment B Property, and shall be responsible only for inmate property
actually delivered into County possession. The County shall hold and handle each Inmate's
personal property in the same manner it holds and handles property of other County inmates.
In the event a City Inmate is being transported from a City designated detention or correction
facility, it will be the responsibility of the City to dispose of the Inmate's property not delivered
and accepted into County possession. When returning Inmates to the City, the County shall
transport Inmate property according to the provisions of Attachment B Property, and it shall
be the responsibility of the County to dispose of any of the Inmate's property not transported
with the Inmate.
8. Booking. Inmates shall be booked pursuant the County's booking policies and
procedures. Inmates transported by the City that are not acceptable at booking, will be the
responsibility of the City to transport back to City.
1 18 Agreement for Inmate Housing 2011
Page 2
Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of
Corrections shall obtain general information concerning the Inmate's ability to pay for medical
care, including insurance or other medical benefits or resources to which a City Inmate is
entitled. The information is to be used for third party billing.
The County and City will attempt to develop a process at City detention facilities for pre booking
Inmates who are being transferred to the custody of the County.
9. Classification. Inmates shall be classified pursuant to the County's classification
policies and procedures, and within the sole discretion and judgment of the County. The City
shall provide information identified in Attachment C Classification, of this Agreement.
10. Housing. Inmates shall be assigned to housing pursuant to the County's policies and
procedures, and within the sole discretion and judgment of the County. Provided however, that
generally, if a City Inmate's classification qualifies him /her to be housed in the Yakima County
Corrections Center, and there is a bed available at the Yakima County Corrections Center, the
Inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general
provision include circumstances such as: 1) No women are housed at the Yakima County
Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail
or Annex; 3) Certain programs are available only to Inmates housed in the Main Jail or Annex;
4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or
Annex.
11. Inmate Work Programs. The County may assign Inmates to work programs such as
inside and outside work crews, kitchen and facility duties, and other appropriate duties.
12. Health Care. The County shall provide in- facility medical care commonly associated
with county corrections operations as guided by American Correctional Association or National
Commission on Correctional Health Care standards.
Inmates shall be responsible for co- payment for health services according to County policy. The
City shall not be responsible to the County for Inmate co- payments. No Inmate shall be denied
necessary health care because of an inability to pay for health services.
The County shall notify the City's designee(s) via e -mail or fax if a City Inmate requires medical
or dental treatment at an outside medical or health care facility. The City shall be responsible to
promptly notify the County of any changes in its designee(s).
The City shall pay for all medical, mental health, dental or any other medical services that are
required to care for the City's Inmates outside YCDOC facilities. Except, the County shall bear
the expense of any such medical care necessitated by improper conduct of the County, or of its
officers or agents.
The County shall notify the City as soon as reasonably possible before the Inmate receives
medical and /or dental treatment outside of YCDOC facilities. The City acknowledges that such
notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not
excuse the City from financial responsibility for related medical expenses, and shall not be a
basis for imposing financial responsibility for related medical expenses on the County.
Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided
equally among those jurisdictions.
13. Inmate Discipline. The County shall discipline Inmates according to the same policies
and procedures under which other County inmates are disciplined. However, nothing contained
Agreement for Inmate Housing 2011
Page 3 119
herein shall be construed to authorize the imposition of a type of discipline that would not be
imposed on a comparable County inmate, up to and including the removal of earned early
release credits as approved by the City.
14. Removal from County Facilities. Except for work programs or health care, and
during emergencies, Inmates shall not be removed from County facilities without written
authorization from the City or by the order of any court having jurisdiction. Other jurisdictions
may "borrow" a City Inmate only according to the provisions of Attachment D Borrowing.
In the event of the Inmate's emergency removal, the County shall notify the City by email or fax
as soon as reasonably possible. No early release or alternative to incarceration, including
furloughs, home detention, or work release shall be granted to any Inmate without written
authorization by the committing court.
15. Visitation. The County shall provide scheduled visitation for attorneys, spouses, family
and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this
Agreement.
16. Inmate Attorney Communication. Confidential telephones or visitation rooms shall
be available to inmates to communicate with their attorneys. The City shall bear all cost of
Inmates' calls to their attorneys. The City shall reimburse the County or pay directly all costs
associated with attorney inmate telephone communications.
17. Inmate Accounts. The County shall establish and maintain an account for each
Inmate. The County shall ensure family members and others have a reasonable process to add
funds to a City Inmate's account,
Upon returning custody of a City Inmate to the City, the County shall transfer the balance of
that Inmate's account that is not subject to charges, to the Inmate or to the City in the form of
a check or a debit card in the name of the Inmate.
In the event the County contracts with a company /business that furnishes technology for
wireless inmate account crediting (such as Keefee or JPAY) the City may allow the County (or
County's contracted representative) to install the equipment necessary for use of the system.
The City shall not be financially responsible for any aspect of the system, including but not
limited to installation or maintenance costs. The City shall not receive any compensation or
profits for such a system.
18. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E
Detainers.
19. Releases. The City shall be responsible for computing and tracking all sentence time
calculations, good time, court dates and release dates. Inmates will be released in accordance
with Attachment F Inmate Release.
The County shall not transfer custody of a City Inmate housed pursuant to this Agreement to
any party other than the City, except as provided in this Agreement or as directed by the City.
20. Escape. If a City Inmate escapes County custody, the County shall notify the City as
soon as reasonably possible. The County shall use all reasonable efforts to pursue and regain
custody of escaped City Inmates, and shall assume all costs connected with the recapture of the
City Inmate.
21. Death. If a City Inmate dies in County custody, the County shall notify the City as soon
as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate's
120 Agreement for Inmate Housing 2011
Page 4
body. Unless another agency becomes responsible for investigation, YCDOC shall investigate
and shall provide the City with a report of its investigation. The City may participate in the
investigation. If another agency becomes responsible for investigation, YCDOC shall liaison or
otherwise facilitate the City's communication with and receipt of reports from the other agency.
The City shall provide the County with written instructions regarding the disposition of the City
Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment
of the body. The City may request in writing that the County arrange for burial and all matters
related or incidental thereto and the City shall be responsible for all costs associate with this
request. Except, the County shall bear such expenses necessitated by improper conduct of
County, or its officers or agents.
22. Reporting Requirements. Ordinarily on business days, the County will deliver the
following reports to the JAG, which will disseminate them to the City:
Here Now Report a report detailing King County City inmates in YCDOC custody.
EXCEL Housing Report a report that allows King County cities to identify where their
inmates are housed.
PROTRAK Housing Report a report detailing which King County city inmates are housed
at the Yakima County Corrections Center.
Custody Report a report of total inmate populations confined at all YCDOC facilities. It
includes current and historical safety and population data.
Special Housing Report Identifies King County city inmates who are in special housing
assignments.
23. City's Right of Inspection. The City shall have the right, upon reasonable advance
notice, to inspect County correction facilities where City Inmates are housed at reasonable
times. During such inspections, the City may interview its Inmates and review its Inmates'
records. The City shall have no right to interview inmates housed for other jurisdictions or to
review their medical records, unless it is properly authorized to do so by the inmate or the other
jurisdiction.
24. Technology. The County and City may each permit the other continuous access to its
computer database regarding all City Inmates housed by the County. This continuous access
feature may be accomplished through a computer link between a computer(s) designated by
the City and appropriate computer(s) of the County.
By separate mutual agreement, the County and City may provide video conference capabilities
for personal visiting, professional visiting, pre -trial conferences, arraignments and other court
and conferencing needs.
25. Bed Rate. In consideration of Yakima County's commitment to house City Inmates, the
City shall pay the County a per inmate rate from January 1, 2011 to December 31, 2011 as
follows:
YCDOC Transported Inmates: 99.80 per day.
City transported Inmates: $89.60 per day.
Agreement for Inmate Housing e- 2011
Page 5 121
The Bed Rate includes all in- facility medical, dental (if available), and mental health services. In
the event an inmate requires out of facility medical, dental or mental health services, the City
shall be responsible for the cost of the services.
The County shall not charge a booking fee in connection with housing the City's Inmates.
The City may purchase additional beds, as available, at the then- existing bed rate; however,
the County shall have the right to refuse to accept custody of or house inmates in excess of the
City's minimum bed commitment.
The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among
those jurisdictions.
26. Billing and Payment. The County shall provide the City with monthly statements
itemizing the name of each City Inmate, the number of days of housing, including the date and
time booked into the County and date and time released from the County and itemization of any
additional charges including a description of the service provided, date provided and reason for
service.
The County shall provide said statement for each month on or about the 10 day of the
following month. Payment shall be due to the County within (30) days from the billing date.
The County may bill the City electronically. Payments not received by the 30 day shall bear
interest at the rate of 1% per month until payment is received.
The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally
among those jurisdictions.
27. Duration of Agreement. The duration of this Agreement shall be from January 1,
2011, at 12:00 A.M. and shall end at 11:59 P.M., on December 31, 2011 unless otherwise
terminated in accordance with Section 31 of this Agreement. This Agreement may be renewed
for any successive period by written addendum under terms and conditions acceptable to the
County and City.
28. Independent Contractor. In providing services under this Agreement, the County is
an independent contractor and neither it nor its officers, nor its agents nor its employees are
employees of the City for any purpose, including responsibility for any federal or state tax,
industrial insurance, or Social Security liability. Neither shall the provision of services under this
Agreement give rise to any claim of career service or civil service rights, which may accrue to an
employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is
intended to create an interest in or give a benefit to third persons not signing as a party to this
Agreement.
29. Hold Harmless, Defense, and Indemnification. The County shall hold harmless,
defend, and indemnify the City, its elected officials, officers, employees, and agents from and
against any and all suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorney's fees) (also including but not limited to claims related to false
arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage
to City Inmate property while in County custody) that result from or arise out of the acts or
omissions of County, its elected officials, officers, employees, and agents in connection with or
incidental to the performance or non performance of the County's services, duties, and
obligations under this Agreement.
122 Agreement for Inmate Housing 2011
Page 6
The City shall hold harmless, defend, and indemnify the County, its elected officials, officers,
employees, and agents from and against any and all suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's fees) (also including but not
limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of
any City Inmate, or Toss or damage to City Inmate property while in County custody) that result
from or arise out of the acts or omissions of the City, its elected officials, officers, employees,
and agents in connection with or incidental to the performance or non performance of the City's
services, duties, and obligations under this Agreement.
In the event the acts or omissions of the officials, officers, agents, and /or employees of both
the City and the County in connection with or incidental to the performance or non performance
of the City's and or County's services, duties, and obligations under this Agreement are the
subject of any liability claims by a third party, the City and County shall each be liable for its
proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments,
costs and expenses and for their own attorney's fees.
Nothing contained in this Section or this Agreement shall be construed to create a right in any
third party to indemnification or defense.
The County and City hereby waive, as to each other only, their immunity from suit under
industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the
parties hereto.
The provisions of this section shall survive any termination or expiration of this Agreement.
30. Insurance. The County and City shall provide each other with evidence of insurance
coverage, in the form of a certificate or other competent evidence from an insurance provider,
insurance pool, or of self- insurance sufficient to satisfy the obligations set forth in this
Agreement.
The County and City shall each maintain throughout the term of this Agreement coverage in
minimum liability limits of one million dollars ($1,000,000) per occurrence and two million
dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general
liability, errors and omissions, auto liability and police professional liability. The insurance policy
shall provide coverage on an occurrence basis.
31. Termination.
A. Mutual Agreement: This Agreement may be terminated by mutual written consent
between the County and City with ninety (90) days written notice to the other party and to the
State Office of Financial Management as required by RCW 70.48.090 stating the grounds for
said termination and specifying plans for accommodating the affected City Inmates.
B. Imperiling Conditions: The City shall have the right to terminate this Agreement where:
1) conditions and /or circumstances at Yakima's facilities present an imminent risk of serious
injury or death to the City's Inmates "Imperiling Conditions 2) the City has sent County
written notice by certified mail, return receipt requested describing with reasonable specificity
the Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within
a reasonable period of time, which, unless the parties agree in writing to a longer period, shall
be no more than 30 days after the County receives the City's notice. Termination under this
provision shall be effective if and when: 1) after at least 30 days, the County has not cured the
Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given the
Agreement for Inmate Housing 2011
Page 7 123
County formal written notice of final termination under this provision. After Termination under
this provision the City shall have no further financial obligations under this Agreement.
C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the
other party is in material breach of any term of this Agreement; 2) the terminating party has
sent the breaching party written notice of its intent to terminate this Agreement under this
section by certified mail, return receipt requested describing with reasonable specificity the
basis for the termination; and 3) the breaching party has failed to cure the breach within ninety
(90) days, unless the parties agree in writing to a longer cure period. Termination shall be
effective upon and the City shall have no further financial obligations under this Agreement
from the date of removal of its Inmates from the Yakima Facility or County's receipt of final
notice that City is terminating the Agreement after the expiration of the cure period, whichever
occurs last.
32. Real or Personal Property. It is not anticipated that any real or personal property will
be acquired or purchased by the parties solely because of this Agreement.
33. Equal Opportunity. Neither party shall discriminate against any person on the grounds
of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief
or the presence of any sensory, mental or physical handicap in violation of any applicable federal
law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other
party may terminate this Agreement immediately.
34. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by the County to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
County stated herein.
35. Non- Waiver. The failure of either party to insist upon strict performance of any
provision of this Agreement or to exercise any right based upon a breach thereof or the
acceptance of any performance during such breach shall not constitute a waiver of any right
under this Agreement.
36. Severability. If any portion of this Agreement is changed per mutual Agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
37. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. Any actions, suit, or judicial or administrative
proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or
Superior Court for the State of Washington in Thurston County
38. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance
or otherwise pursuant to the laws of the governing body of each party. The attested signatures
of the City, Manager or Mayor and the Yakima County Commissioners below shall constitute a
presumption that such approval was properly obtained. A copy of this Agreement shall be filed
with the Yakima County Auditor's Office pursuant to RCW 39.34.040.
39. General Provisions. Unless otherwise agreed in writing executed by both parties, on
and after January 1, 2011, and so long as this Agreement remains in effect, this document
constitutes the entire Agreement between the City and the County under which the County
124 Agreement for Inmate Housing 2011
Page 8
houses City Inmates, and no other oral or written agreements between the parties shall affect
this Agreement.
No changes or additions to this Agreement shall be valid or binding upon either party unless
such change or addition be in writing and executed by both parties.
In the event the County or City defaults on the performance of any terms of this Agreement and
files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees,
costs and expenses.
This Agreement may be executed in any number of counterparts.
40. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
TO CITY: City of Tukwila
City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
TO COUNTY: Ed Campbell, Director
Yakima County Department of Corrections
111 North Front Street
Yakima, WA 98901
Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices
and /or demands shall be sent by registered or certified mail, postage prepaid, or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
Dated on this day of 2010.
BOARD OF YAKIMA COUNTY COMMISSIONERS
Michael D. Leita, Chairman
Kevin J. Bouchey, Commissioner J. Rand Elliott, Commissioner
Constituting the Board of County Commissioners for Yakima County, Washington
Agreement for Inmate Housing 2011
Page 9 12 5
Attest:
Tiera Gerard
Deputy Clerk of the Board
Approved as to Form:
Stefanie Weigand
Senior Deputy Prosecuting Attorney
Corporate Counsel Division
CITY OF TUKWILA
By:
Jim Haggerton, Mayor
Attest:
By:
Christy O'Flaherty, City Clerk
Approved as to form:
By:
Office of the City Attorney
126 Agreement for Inmate Housing 2011
Page 10
ATTACHMENT A
MEDICAL ACCEPTABILITY
The County shall determine the medical and mental acceptability of inmates for transport using
the following excluding criteria:
1. Blood or fluid present at an open wound site or bleeding from an open wound.
2. Signs of untreated broken bones or dislocated joints.
3. Any injury or illness requiring immediate or emergency medical treatment.
4. Unconsciousness.
5. Inmates unable to stand and walk under their own power.
6. Wheel chair bound individuals.
7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants.
8. Signs of alcohol and /or drug withdrawal.
9. Bed bound individuals.
10. Individuals with attached IV or requiring IV medications.
11. Individuals requiring the use of oxygen tanks.
12. AMA (Against Medical Advice) from the hospital.
13. Individuals having had major invasive surgery within the last 72 hours. Non invasive
surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a
case by case basis.
14. Post operative persons who have follow up appointments within the next four weeks.
15. Wounds with drainage tubes attached.
16. Persons with permanent catheters.
17. Open and /or oozing bedsores.
18. Individuals requiring nebulizers who cannot obtain one.
19. Persons with Alzheimer's, dementia or other psychological conditions to the point where
the inmate cannot perform activities of daily living "ADL's or who do not have the
capacity to function safely within a correctional environment.
20. Persons who are diagnosed as developmentally delayed and who do not have the
capacity to function safely within a correctional environment or who cannot perform
ADL's.
21. Female inmates more than 5 months pregnant. Or any female inmate considered a high
risk pregnancy.
22. Persons undergoing chemotherapy and /or radiation treatment.
23. Persons undergoing dialysis.
Agreement for Inmate Housing 2011
Page 11 127
24. Persons with the following untreated medical conditions:
a) Heart disease
b) Seizures disorders
c) Insulin dependent diabetes
d) Cancer
e) Asthma
f) Psychosis
g) HIV Positive or AIDS
25. Persons who are HIV positive or have AIDS and are taking anti -viral medications.
26. Persons taking Methadone, or Suboxone, a substitute for Methadone.
27. Persons with suicidal ideations or gestures within the past 72 hours.
28. Person, if prescribed, have not taken psychotropic medications for at least 72 hours.
29. Persons who have attempted suicide within the last 30 days.
30. Persons who have attempted suicide by overdose or ligature strangulation during current
incarceration.
31. Persons displaying current psychotic episode.
32. Persons requiring CPAP machines as prescribed must be transported with the machine.
ATTACHMENT B
PROPERTY
County transport personnel will only accept Inmate property as follows:
1. The property shall be sealed in a single property bag no larger than a common paper
grocery bag.
2. Money, valuables, and medications shall be placed in a clear envelope and sealed within
the Inmate's property bag.
3. Checks and documents (court, warrants, etc) shall be attached to the outside of the
property bag.
4. The transporting officer shall account for the property bag and funds being transported.
Yakima County Department of Corrections transport personnel will not accept or
transport the following:
a) Backpacks, suitcases, etc.
b) Unpackaged food products or food products in packaging that has been opened.
c) Any type of weapon (includes pocketknives).
d) Liquids.
e) Any items that will not fit into the property bag.
f) Material deemed to be contraband.
128 Agreement for Inmate Housing 2011
Page 12
Yakima County will limit property returned with the Inmate to the City according to these
criteria.
ATTACHMENT C
CLASSIFICATION
The City shall supply the County with the following Classification related information, if it known
to or in possession of the City:
1. If the City Inmate has been classified to a special housing unit and /or if the City Inmate
has been classified as protective custody.
2. If the City Inmate is a violent offender or has displayed violent behavior during present
or past incarcerations.
3. If the City Inmate is an escape risk.
ATTACHMENT D
BORROWING
One contracting city may "borrow" another contracting city's inmate as follows:
1. If a City requests the transport of another contracting City's Inmate from the County the
requesting City must notify each agency with rights to custody of the Inmate, and if each
agency with rights to custody of the Inmate notifies the County in writing (e -mail) of its
approval, the County shall provide the requested transport. The County will complete a
custody transfer form that lists all outstanding detainers. The custody transfer
paperwork will accompany the inmate.
2. Once custody of the City Inmate has been transferred to another agency, it is the
responsibility of the requesting City to determine whether the City Inmate shall be
returned to the custody of the County, and if so, the requesting City shall make all
necessary and proper arrangements with the County and any agency with rights to
custody of the Inmate, for the Inmate's return according to the terms of this agreement.
3. The County will not track the City Inmate once he or she has left the County's facility.
4. If the Inmate is returned to the custody of the County, the requesting City shall provide
the County with sentencing /charge information. The City shall supply all pre sentence,
and post- sentence paperwork from agreeing agencies that authorized the borrowing of
the Inmate. This will aid Yakima County in determining split billing and release dates.
5. If the agency requesting to borrow a City Inmate is not in the "Contracting Agency," the
requesting agency will be responsible to make all transport arrangements including all
legal paperwork for the transport with the City of jurisdiction.
6. The County will transport the City Inmate only to a King County city that also contracts
with the County for Inmate housing.
7. Inmates transported by the City, cannot be borrowed out of YCDOC.
Agreement for Inmate Housing 2011
Page 13 129
ATTACHMENT E
This attachment only applies to Inmates transported by the YCDOC.
WARRANTS /OTHER COURT ORDERS /DETAINERS
1. The following shall apply to City Inmates who are subject to warrants from other
jurisdictions or to other court orders for confinement or detainers. When receiving a City
Inmate, the Transport Officers shall review all paperwork provided by the City for all
grounds to hold the Inmate and ensure that this information is entered into the County's
JMS and is routed to the Out of County Transport Section Office Specialist.
2. Prior to releasing a City Inmate, the County shall check the NCIC and WACIC systems to
determine if the Inmate is subject to any valid warrants or other detainers.
a) If the Inmate is subject to a warrant that is limited to King County, YCDOC will,
upon receiving written permission (e mail) from the City, transport the Inmate to
the custodial agency for the jurisdiction that issued the warrant. However, Yakima
County will not assume responsibility to serve any such warrants.
b) If the City Inmate is subject to a warrant from a western Washington jurisdiction
outside King County, YCDOC will release the Inmate at the location determined by
written (e mail) agreement of the YCDOC and the City under Section 5 of this
Agreement.
c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction,
YCDOC will send the Inmate to the custodial agency for that jurisdiction on the
Mini Chain.
d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that
provides for statewide extradition, YCDOC will either transport the Inmate to the
detention /correction facility in King County designated by the agency /jurisdiction
that issued the warrant if it is in King County, or will send the Inmate to the
agency /jurisdiction that issued the warrant on the Mini Chain.
3. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE)
detainers shall be returned to the City, unless the County and City agree in writing
(email) to some other course of action.
ATTACHMENT F
INMATE RELEASE
County transport personnel will release City Inmates as follows:
1. Inside a staffed correction or detention facility (jail).
2. Inside a staffed police agency (sally port or other secured area).
3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and
weather protection (lobby areas) are available to the released Inmate.
130 Agreement for Inmate Housing em 2011
Page 14
4. The County does not transport on Mondays.
5. City Inmates for whom bail is posted, or who otherwise have a right to be released may,
by signed written waiver, choose to remain in custody and return to City by the regularly
scheduled transport, or to be released to a family member or friend, or to the streets of
Yakima.
6. Inmates transported by City must be picked up at least 12- (twelve) hours prior to the
inmate's scheduled release date and time. If the inmate is not picked up before the
scheduled release time, the Inmate will be automatically scheduled to be transported, at
the City's cost to include the addition of transport fees for all days served, on the next
available transport to the City.
Agreement for Inmate Housing 2011
Page 15 131
132
Finance Safety Committee Minutes December 7. 2010 Pale 2
Interga Telecom currently provides telephone services for the City's existing phone equipment which
serves City Hall, 6300 Building, both Public Works Shops and the Parks /Golf Maintenance Building.
Remaining buildings are serviced by other providers. The City is in the process of installing a new Voice
Over Internet Protocol (VoIP) phone system which also requires phone service that will be provided by
Integra Telecom. Differing from past practice this new system will allow all City locations to function on
the same system and serviced by the same vendor. Although serviced by the same vendor, the services
may be administered under separate service agreements. Regardless of the separate locations, the two
year contract will not exceed $125,000 for phone service. UNANIMOUS APPROVAL. FORWARD
TO DECEMBER 13 COW FOR DISCUSSION AND SPECIAL MEETING IMMEDIATELY
FOLLOWING FOR APPROVAL AS APPROPRIATE.
E. Yakima County Department of Corrections Contract
Staff is seeking Council approval to enter into a contract with the Yakima County Department of
Corrections from January 1, 2011 through December 31, 2011.
The current contract with Yakima County expires on December 31, 2010, and the SCORE Jail is not
j anticipated to be operational until Fall 2011. In order to ensure the Police Department has ample room for
housing inmates prior to SCORE completion, staff is recommending entering into this one -year contract.
Specifically, this contract has no minimum bed requirement for the City. Charges will be incurred as beds
are utilized, and charges will not be assessed when there is no use. Based on staff calculation and previous
usage, it is anticipated that if Yakima County services needed to be utilized, the associate costs would not
exceed $150,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR
DISCUSSION AND SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS
APPROPRIATE.
F. Update on Special Legal Matters
Per a request made at the November 16 Finance and Safety meeting, staff returned to Committee with
a breakdown of Special Matters that were processed by Legal during 2009 -10. After review and
discussion, staff agreed to provide the following to Committee members: a memo addressing matters
involving World Wide Video, legal matters as provided in the agenda packet sorted by item, and a
summary of feedback regarding items that are expected /anticipated to be covered under general
counsel (i.e.: Code Enforcement). INFORMATION ONLY.
G. Sales Tax Report
Sales tax receipts for September showed the fourth increase and second consecutive of sales receipts this
year in comparison to the previous year. Cumulative totals to date now show the City just under 30%
behind budget and only 1.45% below last years' actuals. September receipts reflected the highest increase
($247,000) above the same month last year. INFORMATION ONLY.
II. 2010 3 Ouarter Reports
The Committee asked clarifying questions as appropriate regarding the status of program goals outlined in
the 2010 3` Quarter Report. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5:46 p.m.
Next meeting: Per pending 2011 Committee Calendar
GCX Committee Chair Approval
Minutes by KAM. Reviewed by MM, ED SH
133
134
Upcoming Meetings Ever is
DECEMBER 2010
13th (Monday) 14th (Tuesday) 15th (Wednesday) 16th (Thursday) 17th (Friday) 18th (Saturday)
Community Utilitic. Crate Joint Meeting: Domestic Family Movie
Affairs Parks CANCELLED Arts Commission, Violence Task
Cmte, Parks Commission, Force, Night on the
5 00 PM and Library 12:00 NOON Big Screen
(CR #3) Tukwila Advisory Board, (Human Bring your sleeping
International 5.30 PM Services office) bag or blanket to set
Boulevard (Community up in the Tukwila
Civil Service Action ante, Center) Community Center
Commission, 7 PM Tukwila gym. Doors open
4:00 PM (Community Historical at 6:00 PM, movie
RESCHEDULED Center) COPCAB, Society, starts at 6.30
FROM DEC. 6T1-1 6.30 PM 7:00 PM Call 206 768 -2822
Please note (CR #5) (Nelsen House after December 13 to
special meeting at 15643 W
RESCHEDULED find out which movie
Time this month Valle Nov 24TH j' Hw f w ill be shown.
��m
City Council Ct :T�
Committee of
the Whole Mtg.,
7:00 PM FREE! (Concessions
(Council will be available
Chambers) for purchase
C.O.W TO BE The Comm Center
IMMEDIATELY will be collecting items
FOLLOWED BY benefiting local non
A SPECIAL profit organizations each
MEETING movie night. (Winter
movie nights scheduled
for Jan. 8, Feb. 12
and dlarch 12.)
20th.(Monday)=noii. '21st (Tuesday) ZZhd_(Wednesday). r.• 23rd (Thursday)` -24th, (Friday):;; 25th-(Saturday)',..
City Council
Regular Mtg., Christmas Day
7:00 PM (observed)
(Council City offices closed
Chambers)
TENTATIVE
Arts Commission: 1st Tues., 5.30 PM, Tukwila Community Center Contact Stephanie Gardner at 206- 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Hinthorne at 206 -575 -1633.
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 113 Contact Bev Willison at 206- 433 -1844.
Community Affairs Parks Committee: 2nd 4th Mon., 5 PM, Conf. Room #3 Agenda items for 12/13/10 meeting:
(A) Resolution waiving the bidding requirements for the purchase and installation of the Rain Bird variable frequency 800 gpm golf
pump station control panel.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6.30 PM, Conf. Rzn #5 Phi Huynh (206- 433 7175).
S. Domestic Violence Task Force: Qtrly, 12 NOON (2010 3/18, 6/17, 9/16, and 12/16). Contact Stacy Hansen at 206- 933 -7181
Equity Diversity Commission: 1st Thurs., 5 15 PM, Conf. Room #3 Contact Joyce Trantina at 206 -433 -1850.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3
>Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 -7180.
Human Services Providers: Quarterly, 11.30 AM, TCC (2010 3/19, 6/18, 9/17, and 12/3). Contact Stacy Hansen at 206- 433 -7181
Library Advisory Board. 3rd Wed., 7'00 PM, Foster Library Contact Stephanie Gardner at 206 -767 -2342.
Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 575 -2489
Parks Commission: 3rd Wed., 5.30 PM, Senior Game Room at Community Center Contact Stephanie Gardner at 206- 767 -2342.
>Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov Dec., 6.30 PM,
Council Chambers at City Hall. Contact Wjnnetta Bivens at 206 -431 -3670
Sister City Committee: lst Wed., 5.30 PM, Conf. Room 83 Contact Bev Willison at 206- 433 -1844.
>Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1
Tukwila Historical Society: 3rd Thurs., 7'00 PM (meeting location varies). Contact Pat Brodkin at 206 433 -1861
Tukwila Int'l. Blvd. Action ante: 2nd Tues., 7:00 PM, Tukwila Community Center Contact Chief Dme Haynes at 206 -433 -18/2.
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1 12/14/10 meeting has been cancelled.
135
Tentative A end.a Schedule
MONTH MEETING 1- ;ME MEETING 3 MEETING 4
REGULAR. C:O.W: RE f C.0 W..
December 6 13 20 27
24th See agenda packet
Christmas Day cover sheet for this
(observed) week's agenda
(City offices closed) (December 13, 2010
31�r
Committee of the Whole
New Years Day Meeting)
(observed)
(City offices closed) COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING
January 3 10 18 (Tuesday) 24
1 7th Public Hearine: Special Presentation:
M.L. King Jr Day Ordinance renewing Business Recycler of
(City offices closed) a moratorium on the the Year
MIC Appointment: COMMITTEE OF THE
Unfinished Business: Equity Diversity WHOLE MEETING TO
Ordinance renewing Commission BE FOLLOWED BY A
a moratorium on the SPECIAL MEETING
MIC
New Business:
Election of 2011
Council President
February 7 14 22 (Tuesday) 28
21st
Presidents Day
(City offices closed)
136