HomeMy WebLinkAboutTIS 2021-09-27 COMPLETE AGENDA PACKETCity of Tukwila
Transportation and
Infrastructure Services
Committee
❖ Verna Seal, Chair
❖ De'Sean Quinn
❖ Thomas McLeod
AGENDA
Distribution:
V. Seal
D. Quinn
T. McLeod
K. Kruller
C. Hougardy
H. Ponnekanti
M. Musa (email)
S. Kim (email)
City Attorney (email)
Clerk File Copy
Place pkt pdf on SharePoint:
Z Trans & Infra Agendas
email cover to: F. Ayala,
A. Le, C. O'Flaherty, A.
Youn, B. Saxton, S. Norris,
L. Humphrey
MONDAY, SEPTEMBER 27, 2021 — 5:30 PM
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)
Item
Recommended Action
Page
1. PRESENTATIONS
2. BUSINESS AGENDA
a) Flood Damage and Repairs — FEMA Public Assistance
a) Forward to the 10/04/2021 Regular
Pg. 1
Grant Agreement (M. Ronda)
Consent Agenda
b) Future Sewer Lift Station #13 — Feasibility Study
b) Forward to the 10/04/2021 Regular
Pg. 25
Contract Award (A. Altallal)
Consent Agenda
c) Gilliam Creek Fish Barrier Removal
c) Forward to the 10/04/2021 Regular
Pg. 37
Acceptance of King County CWM Grant (M. Perfetti)
Consent Agenda
d) Surface Water Fund - Chinook Wind Public Access
d) Forward to the 10/04/2021 Regular
Pg. 45
Design Consultant Selection & Agreement (M. Perfetti)
Consent Agenda
3. MISCELLANEOUS
Future Agenda:
• 42nd Ave S Bridge Replacement
Project Update
Next Scheduled Meeting: Monday, October 11, 2021
S. The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206-433-0179 for assistance.
City of Tukwila
Allan Ekberg, Mayor
Pubic Works Department - Marr P€x nekarrtr„ Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Michael Ronda, Project Manager
CC: Mayor Allan Ekberg
DATE: September 24, 2021
SUBJECT: Flood Damage and Repairs — FEMA Public Assistance Grant
Project No. 11301302, Disaster 4539 -DR -WA
ISSUE
Provide approval for the Mayor to sign a Federal Emergency Management Agency (FEMA) Public Assistance Grant
Agreement to help pay for Tukwila Urban Center (TUC) Pedestrian Bridge repairs and recovery from a Nationally declared
flood disaster.
BACKGROUND
As part of the TUC Pedestrian Bridge Project, the City was required to install environmental mitigation measures along the
banks of the Green River. These mitigation items are required to be monitored and maintained for at least five years following
project completion. Shortly after the project was complete, the river flooded and damaged the mitigation plants, irrigation
system and pedestrian lighting on the bridge. The City needs to repair these components and has insufficient funds in the
mitigation and maintenance budget to do so.
ANALYSIS
FEMA provides grant funding for costs incurred from declared disasters and will reimburse up to 75% of the physical cost of
recovery. The State Emergency Management Division (EMD) will reimburse another 12.5%. During the mitigation recovery
work, staff has been coordinating with FEMA and the State EMD to confirm eligibility for the Public Assistance Grant program
to supplement the City's budget for the needed repairs. Both the environmental mitigation recovery and the repair of the TUC
Pedestrian Bridge lighting system are approved for funding, which will be provided to the City upon completing the Public
Assistance Grant Agreement. This grant will provide significant cost savings to the City for these repairs.
FISCAL IMPACT
A preliminary cost estimate for the Tukwila Urban Center Pedestrian Bridge flood damage repairs and recovery is anticipated
to be $150,000. FEMA will match the City's costs up to $112,500 and the State Emergency Management Division (EMD) will
provides another $18,750. FEMA requires a 12.5% match from the City, or $18,750. The match falls well within the 2021-2022
Environmental Mitigation Budget of $110,000.
Mitigation Recovery
Lighting System Repair
Total
Cost Estimates
$130,000
20,000
Funding Sources
FEMA Grant $112,500
EMD Funds 18,750
City Revenue 18,750
$150,000 $150,000
RECOMMENDATION
Approve the Mayor to sign a Federal Emergency Management Agency (FEMA) Public Assistance Grant agreement to help
pay for Tukwila Urban Center Pedestrian Bridge repairs and recovery from a Nationally declared flood disaster and f
orward this item for consideration on the Consent Agenda at the October 4, 2021 Regular Meeting.
Attachments: 2021 CIP, Page 16
FEMA Grant Agreement
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/TIC 09-27-21/1. FEMA PA Grant Application Approval/Info Memo FEMA PA Grant-09-13-2021.docx
1
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Wetland & Environmental Mitigation Project No. Varies
DESCRIPTION: Provide annual maintenance of wetland, stream, or other environmental mitigation commitments until
accepted by the permitting agency.
JUSTIFICATION: Some capital improvement projects have been approved contingent upon environmental mitigation
requirements. Examples include: wetlands and streams.
STATUS: Annual work is required to prepare mitigation reports and provide the necessary mitigation maintenance
that in-house staff is unable to do in addition to their normal workload.
MAINT. IMPACT: Significant annual weeding, plant replacement, and preparation of monitoring reports is required.
Ongoing projects, only previous year shown in 2019. S 180th St Grade Separation wetland mitigation
COMMENT: completed. Southcenter Pkwy Extension wetland and stream mitigation started in 2013. TUC Ped/Bridge
& 42nd Ave S mitigation to start in 2019 with required minimum 5 year monitoring and maintenance.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
Design
0
Land (R/W)
0
Const. Mgmt.
0
Repairs & Maintenan
11
40
50
60
60
70
70
70
70
501
TOTAL EXPENSES
11
40
50
60
60
70
70
70
70
501
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Proposed Mitigation
0
City Oper. Revenue
11
40
50
60
60
70
70
70
70
501
TOTAL SOURCES
11
40
50
60
60
70
70
70
70
501
2021 - 2026 Capital Improvement Program
16
2
Washington State Military Department
PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET
1. SUBRECIPIENT Name and Address:
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
2. Grant Agreement Amount:
To be determined, based upon
approved project worksheets
3. Grant Number:
D20-2084
4. SUBRECIPIENT, phone/email:
(206) 433-7194
/mike.ronda@TukwilaWA.gov
5. Grant Agreement Start Date:
January 20, 2020
6. Grant Agreement End Date:
April 23, 2024
7. DEPARTMENT Program Manager, phone/email:
Gerard Urbas, (253) 512-7402
Gary.urbas@mil.wa.gov
8. Data Universal Numbering System
(DUNS): 010207504
9. UBI # (state revenue):
10. Funding Authority:
Washington State Military Department (the "DEPARTMENT"), and Federal Emergency Management Agency (FEMA)
11. Funding Source Agreement #:
FEMA -4539 -DR -WA
12. Program Index #
704VC (Federal) / 702VE
(State) / 704VD (Admin)
13. Catalog of Federal Domestic Asst. (CFDA)
# & Title: 97.036, Public Assistance
14. Federal EIN #:
15. Total Federal Award Amount: N/A
16. Federal Award Date: N/A
17. Service Districts:
(BY LEGISLATIVE DISTRICT):
(BY CONGRESSIONAL DISTRICT):
1 1 th
18. Service Area by County(ies):
Kin CountyCertified?:
g
19. Women/Minority-Owned,
X
• YES, OMWBE
State
N/A • NO
#
9 th
20. Contract Classification:
X Public/Local
Gov't
21. Contract Type (check
all that apply):
X Grant
(RCW 39.34)
X Agreement
• Personal Services • Client Services
• Contract
• Research/Development •
A/E • Other
• Intergovernmental
• Interagency
22. Contractor Selection Process:
X "To all who apply & qualify"
N/A
23. Contractor Type (check
all that apply)
SUBRECIPIENT
• Competitive Bidding
• Private Organization/Individual
• For -Profit
X Public Organization/Jurisdiction
X Non -Profit
X OTHER
• Sole Source • A/E RCW ■
• Filed w/OFM? ■ Advertised? • YES ■ NO
• VENDOR •
24. BRIEF DESCRIPTION:
Presidential Disaster Declaration # FEMA -4539 -DR -WA Severe Storms, Flooding, Mudslides, Landslides. To provide funds to the
SUBRECIPIENT for the repair or restoration of damaged public facilities as approved by FEMA in project worksheets describing
eligible scopes of work and associated funding. The DEPARTMENT is the Recipient and Pass-through Entity of the Presidential
Disaster Declaration # FEMA -4539 -DR -WA Severe Storms, Flooding, Mudslides, Landslides, and FEMA State Agreement, which are
incorporated by reference, and makes a subaward of Federal award funds to the SUBRECIPIENT pursuant to this Agreement. The
SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award funds provided under this Agreement and the
associated matching funds.
IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, references and
attachments hereto and have executed this Agreement as of the date and year written below. This Agreement Face Sheet, Special Terms
and Conditions (Attachment 1), General Terms and Conditions (Attachment 2), Project Worksheet Sample (Attachment 3), Washington State
Public Assistance Applicant Manual dated April 23, 2020 (Attachment 4), and all other documents, exhibits and attachments expressly
referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of
the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 5. Special Terms and Conditions
2. DHS Standard Terms and Conditions 6. General Terms and Conditions, and,
3. Presidential Declaration, FEMA State Agreement, 7. Other provisions of the contract incorporated by reference.
and other Documents
4. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s)
WHEREAS, the parties hereto have executed this Agreement on the
FOR THE DEPARTMENT:
day and
year last specified below.
FOR THE SUBRECIPIENT:
Signature Date
Stacey McClain, Governor's Authorized Representative
Washington State Military Department
Signature Date
print or type name:
APPROVED AS TO FORM:
SUBRECIPIENT's Attorney Date
Form 5/12/2020
Public Assistance Grant Agreement
Page 1 of 21
City of Tukwila, D20-2081
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
ARTICLE I — KEY PERSONNEL
Attachment 1
The individuals listed below shall be considered key personnel and point of contact. Any substitution by either
party must be submitted in writing.
SUBRECIPIENT
MILITARY DEPARTMENT
Name
Mike Ronda
Name
Gerard Urbas
Title
Project Manager
Title
Deputy State Coordinating Officer
Public Assistance
E -Mail
mike.ronda@tukwilawa.gov
E -Mail
gary.urbas@mil.wa.gov
Phone
206-433-7194
Phone
(253) 512-7402
ARTICLE II - ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements
and program guidance identified or referenced in this Agreement and the informational documents published
by FEMA applicable to the Presidential Declaration including, but not limited to, all criteria, restrictions, and
requirements of the "FEMA State Agreement" published by FEMA and the federal regulations commonly
applicable to FEMA grants, all of which are incorporated herein by reference. The Presidential Declaration and
the FEMA State Agreement are incorporated in this Agreement by reference.
The SUBRECIPIENT shall comply with the Washington State Public Assistance Applicant Manual dated April
23, 2020 incorporated in this Agreement as Attachment 4. The DHS Standard Terms and Conditions are
incorporated by reference in this Agreement in Appendix F of the Washington State Public Assistance
Applicant Manual dated April 23, 2020.
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The
SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States
liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed
under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated
or in a particular amount.
Federal funding is provided by FEMA and is administered by the DEPARTMENT. Under the authority of
Presidential Disaster Declaration number FEMA -4539 -DR -WA, the DEPARTMENT is reimbursing the
SUBRECIPIENT for those approved eligible costs and activities necessary under the Public Assistance Grant
Program during the incident period beginning January 20, 2020 to February 10, 2020. Eligible costs and
activities will be identified in Project Worksheets approved by FEMA and a Project Worksheet Sample is
incorporated as Attachment 3. The DEPARTMENT is also providing Advance Payments to the
SUBRECIPIENT where provided by FEMA and required and allowed by law. Any interest earned on advance
payments (except for interest earned on advances of funds exempt under the Intergovernmental Cooperation
Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act (23 U.S.C. 450)) shall be promptly, but at
least quarterly, remitted to the DEPARTMENT to be paid to FEMA. The SUBRECIPIENT may keep interest
amounts up to $100 per year for administrative expenses.
A. STATE AND FEDERAL REQUIREMENTS FOR PUBLIC ASSISTANCE GRANTS:
The following requirements apply to all DHS/FEMA Presidential Disasters administered by the DEPARTMENT.
1. FUNDING
The DEPARTMENT will administer the Public Assistance (PA) Grant Program, provide Advance payments,
and reimburse approved eligible Public Assistance costs to the SUBRECIPIENT that are identified under the
auspices of Presidential Disaster Declaration Number FEMA -4539 -DR -WA and authorized by and consistent
with the Stafford Act (P.L. 93-288, as amended) and applicable regulations.
Public Assistance Grant Agreement
Page 2 of 21 City of Tukwila, D20-2084
It is understood that no final dollar figure is committed to at the time that this Agreement is executed, but that
financial commitments will be made by amendments to the project application as Project Worksheets are
completed in the field and projects are authorized by state and federal officials.
Pursuant to the FEMA -STATE AGREEMENT, FEMA will contribute not less than seventy-five (75) percent of
the eligible costs for any eligible project and one hundred (100) percent of the federal PA Management Costs,
up to five (5) percent of the total award amount for each Subrecipient, as provided for in subsection 3.E. of
Article II of this Public Assistance Agreement. The SUBRECIPIENT commits to providing the remaining
twenty-five (25) percent non-federal match to any eligible project that has been identified under the Presidential
Disaster Declaration number FEMA -4539 -DR -WA, subject to the following exceptions:
DEPARTMENT Match: The Washington State Legislature may authorize the DEPARTMENT to provide a
match to the SUBRECIPIENT's non-federal share of eligible projects. Provision of a match by the
DEPARTMENT, if authorized by the Washington State Legislature, shall not require amendment of this
Agreement. If DEPARTMENT match funds are committed to the non-federal share by the DEPARTMENT
pursuant to legislative authorization, the DEPARTMENT will formally notify the SUBRECIPIENT of the match in
writing which will include information identifying any related reduction in the SUBRECIPIENT's percentage
commitment.
Donated Resources: FEMA will credit the SUBRECIPIENT for the value of donated resources (non-cash
contributions of property or services) related to eligible Emergency Work to offset the non -Federal cost share
of its eligible Emergency Work project worksheets — categories A and B, and for the value of donated
resources related to eligible work on a Permanent Work project to offset the non -Federal cost share of that
specific Permanent Work project worksheet for which the resources were donated — categories C through G.
The Donated Resources are recognized by FEMA in a Project Worksheet. Donated Resources offset the non-
federal share of the eligible emergency work approved in Project Worksheets or specific permanent work
approved in Project Worksheets. For non -state agency SUBRECIPIENTS, the donated resource value will first
be applied to the SUBRECIPIENT's non-federal share, and, if a DEPARTMENT match is authorized, any
remaining donated resource value will be applied to the DEPARTMENT's share. The value of the Donated
Resources is calculated as described in FP 104-009-2 Public Assistance Program and Policy Guide (PAPPG)
and the Public Assistance Donated Resources Recovery Policy, and is capped at the non -Federal share of
approved eligible emergency work costs or capped at the non -Federal share of the specific approved eligible
permanent work costs, as applicable. The Federal share of the Donated Resources will not exceed the non-
federal share of eligible emergency work costs or of specific permanent work costs approved in Project
Worksheets. Any excess credit for eligible emergency work costs can be credited only to other eligible
emergency work costs, for the same SUBRECIPIENT in the same disaster. The value of excess donated
resources cannot be credited toward or transferred to another eligible SUBRECIPIENT, or toward other State
obligations. The DEPARTMENT does not match a FEMA donated resource credit.
The Project Worksheet, sample provided in Attachment 3, is required to be completed by FEMA or State
Project Specialists.
2. GRANT AGREEMENT PERIOD
a. Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall be those activities which occurred during or subsequent to the incident period
defined in the FEMA State Agreement, and shall terminate upon completion of the project(s)
approved by federal and state officials, including completion of close-out and audit. This period
shall be referred to as the "Grant Agreement Period."
b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA approval of
the Grant Agreement Period followed up with a mutually agreed written amendment, or (2) written
notification from the DEPARTMENT to the SUBRECIPIENT issued by the DEPARTMENT to
address extensions of its underlying federal grant performance period or to provide additional time
for completion of the SUBRECIPIENT's project(s).
3. PAYMENTS
The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from
FEMA, shall issue payments to the SUBRECIPIENT in compliance with the Washington State Public
Assistance Applicant Manual dated April 23, 2020 (Attachment 4) procedures as follows:
Public Assistance Grant Agreement
Page 3 of 21 City of Tukwila, D20-2088
a. Small Project Payments: Payments are made for all small projects to the SUBRECIPIENT upon
submission and approval of an A19 -1A State of Washington Invoice Voucher to the DEPARTMENT,
after FEMA has approved funding through approval of Project Worksheets.
b. Progress Payments: Progress payment of funds for costs already incurred on large projects minus
ten (10) percent retainage may be made to the SUBRECIPIENT upon submission by the
SUBRECIPIENT of an A19 -1A State of Washington Invoice Voucher, a letter of request, and a
spreadsheet identifying the claimed costs supporting the payment request and approval by the
DEPARTMENT.
c. Improved Projects: Payments on improved projects (capped project) will be pro -rated based upon
the percentage of the project that is funded under this disaster grant to the overall project cost. This
percentage will be identified when the first payment on the improved project is made. Progress
payments will be made as outlined above in Section B.
d. Final Payment: Final Payment on a large project will be made following submission by the
SUBRECIPIENT of a certification of completion on the STATEMENT OF DOCUMENTATION /
FINAL INSPECTION REPORT form upon completion of project(s), completion of all final
inspections by the DEPARTMENT, and final approval by FEMA. Final payment on a large project
will include any retainage withheld during progress payments. Final payments may also be
conditional upon financial review, if determined necessary by the DEPARTMENT or FEMA.
Adjustments to the final payment may be made following any audits conducted by the Washington
State Auditor's Office, the United States Inspector General or other federal or state agency.
e. The SUBRECIPIENT is eligible to receive federal PA Management Costs up to five (5) percent of
the total award amount for each Subrecipient at the time of its request. PA Management Costs
includes any of the following when associated with the PA portion of a major disaster or emergency:
Indirect costs, direct administrative costs, and other administrative expenses associated with a
specific project. Documentation is required to substantiate the eligibility of management activities
and associated costs in accordance with PA Management Costs Interim Policy — Standard
Operating Procedures.
f. All payment requests shall be made on an A19 -1A form, State of Washington, Invoice Voucher.
Payments will be made by electronic fund transfer to the SUBRECIPIENT's account.
Federal funding shall not exceed the total federal contribution eligible for Public Assistance costs
under Presidential Disaster Declaration number FEMA -4539 -DR -WA.
g.
h. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures,
transfer payment to the SUBRECIPIENT. Payment will be transferred by journal voucher to Agency
No. , Accounting Fund No.
i. Within the total Grant Agreement Amount, travel, sub -contracts, salaries, benefits, printing,
equipment, and other goods and services will be reimbursed on an actual cost basis unless
otherwise provided in this Agreement.
For travel costs, SUBRECIPIENTs shall comply with 2 CFR 200.474 and should consult their
internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended, and federal maximum rates set forth at http://www.gsa.gov, and follow the most
restrictive.
J.
k. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written
approval by DEPARTMENT Key Personnel.
I. Receipts and/or backup documentation for any approved items that are authorized under this
Agreement must be maintained by the SUBRECIPIENT consistent with record retention
requirements of this Agreement, and be made available upon request by the DEPARTMENT, and
local, state, or federal auditors.
m. All work under this Agreement must end on or before the Grant Agreement End Date, and the final
reimbursement request must be submitted to the DEPARTMENT within forty-five (45) days after the
Grant Agreement End Date, except as otherwise authorized by written amendment of this
Agreement and issued by the DEPARTMENT.
Public Assistance Grant Agreement
Page 4 of 21 City of Tukwila, D20-2086
n. No costs for purchases of equipment/supplies will be reimbursed until the related
equipment/supplies have been received by the SUBRECIPIENT, its subrecipient or contractor, or
any non-federal entity to which the SUBRECIPIENT makes a subaward, and is invoiced by the
vendor.
o. SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement existing
funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the
same purpose. The SUBRECIPIENT may be required to demonstrate and document that the
reduction in non-federal resources occurred for reasons other than the receipt or expected receipt
of federal funds.
The DEPARTMENT shall provide Advance Payments as provided by FEMA and as required and
authorized by law.
4. CLOSEOUT
To initiate close-out, the SUBRECIPIENT is required to certify in writing, by Project Worksheet Number,
date completed, and total amount expended on the project, completion of the small projects. To initiate
close-out of the large projects, the SUBRECIPIENT shall submit certification of completion on a
STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT.
The DEPARTMENT will then complete a site inspection and a financial review of documentation to
support the claimed costs. Certifications on small and large projects are due within sixty days following
the completion of the project or receipt of the approved Project Worksheet, whichever date is later.
If SUBRECIPIENT is claiming federal PA Management Costs: Indirect costs, direct administrative
costs, and other administrative expenses associated with a specific project must be supported by
documentation to substantiate the eligibility of management activities and associated costs that has
been prepared and assembled in accordance with PA Management Costs Interim Policy — Standard
Operating Procedures prior to close-out.
After all of the projects have been certified as complete and approved for closure by FEMA, the
DEPARTMENT will forward a final A19 -1A State of Washington Invoice Voucher to the
SUBRECIPIENT for release of the remaining funds due to the subrecipient for eligible costs, including
any retainage previously withheld, and the allowance for federal indirect costs.
5. DOCUMENTATION / REPORTING REQUIREMENTS
For all Advance Payment, the SUBRECIPIENT shall provide documentation and receipts for all costs
related to the Advance Payment and provide such to the DEPARTMENT quarterly.
The SUBRECIPIENT is required to retain all documentation which adequately identifies the source and
application of Public Assistance funds, including the federal indirect cost reimbursement, for six years
following the closure of this disaster grant. For all funds received, source documentation includes
adequate accounting of actual costs and recoveries incurred.
The SUBRECIPIENT shall also comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section
6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete the Audit Certification/FFATA
Form, provided by the DEPARTMENT. This form is required to be completed once per calendar year,
per SUBRECIPIENT, and not per agreement. The DEPARTMENT's Contracts Office will request the
SUBRECIPIENT submit an updated form at the beginning of each calendar year in which the
SUBRECIPIENT has an active agreement.
Quarterly Reports: The SUBRECIPIENT is required to submit to the DEPARTMENT a quarterly report
indicating the status of all their large projects. The status shall identify the costs incurred to date, the
percentage of work completed, the anticipated completion date of the project and whether cost under
runs or over runs are expected. In addition, the SUBRECIPIENT should note in the comment field any
challenges or issues associated with the project. Failure to submit a complete quarterly report within
fifteen (15) days following the end of the quarter will result in suspension of all payments to the
SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT. The quarterly
report will serve as the basis for any FEMA Office of Chief Financial Officer (OCFO) funds reduction.
Public Assistance Grant Agreement
Page 5 of 21 City of Tukwila, D20-2088
6. TIME EXTENSIONS
A time extension request is required to be forwarded to the DEPARTMENT by the SUBRECIPIENT for
a project prior to the expiration of the approved completion date. If the project is approved and funded
after the statutory approval time period for completion, then a time extension request must be submitted
to the DEPARTMENT within fifteen days of receipt of the funding package.
In accordance with 44CFR206.204, the DEPARTMENT reserves the right, in its sole discretion, to
consider and approve a time extension request after expiration of the approved completion date and
within the DEPARTMENT's statutory extension authority. Requests for time extensions beyond the
DEPARTMENT's authority will be considered and approved by FEMA, at their sole discretion.
All determinations made regarding time extension requests will be based on a case by case evaluation
of specific factual circumstances.
A time extension request must be in writing and identify the Project Worksheet number, the reason the
project has not been completed within the prior approved completion period, the reason the time
extension request was not submitted prior to the statutory approval time period (if applicable), a current
status of the completion of the work, a detailed timeline for completion of the remaining elements, and
an anticipated completion date for the completion of the remaining work. Failure to submit a time
extension request in a timely manner may result in denial of the time extension request, and loss of
funding for the related project.
7. PROCUREMENT
The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.318 through
200.326 and as specified in the General Terms and Conditions, Exhibit A.11.
8. SUBRECIPIENT MONITORING:
a. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to closeout. The
goal of the DEPARTMENT's monitoring activities will be to ensure that agencies receiving federal
pass-through funds are in compliance with this Agreement, federal and state audit requirements,
federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR
Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the SUBRECIPIENT shall
complete and return to the DEPARTMENT 2 CFR Part 200 Subpart F Audit Certification Form"
located at http://mil.wa.gov/emergency-management-division/qrants/requiredgrantforms with the
signed Agreement and each fiscal year thereafter until the Agreement is closed, which is
incorporated by reference and made a part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. review of financial and performance reports;
ii. monitoring and documenting the completion of Agreement deliverables;
iii. documentation of phone calls, meetings, e-mails, and correspondence;
iv. review of reimbursement requests and supporting documentation to ensure eligibility and
consistency with Agreement work plan, budget, and federal requirements;
v. observation and documentation of Agreement related activities;
vi. on-site visits to review equipment records and inventories, to verify source documentation
for reimbursement requests and performance reports, and to verify completion of
deliverables.
d. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined above
and in 2 CFR Part 200 Subpart F, for any non-federal entity to which the SUBRECIPIENT makes
a subaward as a pass-through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be
addressed through a Corrective Action Plan. If the SUBRECIPIENT fails to comply with federal or
state statutes or regulations, or the terms and conditions of this Agreement, the DEPARTMENT
may impose any additional subaward conditions as described in 2 CFR 200.207. If the
Public Assistance Grant Agreement
Page 6 of 21 City of Tukwila, D20-2088
DEPARTMENT determines that noncompliance cannot be remedied by imposing additional
conditions, it may take one or more of the following actions:
i. Temporarily withhold cash payments pending correction of the deficiency by the
SUBRECIPIENT.
ii. Wholly or partially suspend or terminate the subaward to the SUBRECIPIENT.
iii. Initiate suspension or debarment proceedings under 2 CFR 180 or recommend such a
proceeding be initiated by the federal awarding agency.
iv. Withhold further federal awards for the project or program.
v. Take any other remedies that may be legally available.
f. The DEPARTMENT agrees to:
i. Provide technical assistance during all monitoring or evaluation activities. The
DEPARTMENT will coordinate and schedule the meetings necessary to conduct and
complete all monitoring and evaluation activities.
ii. Develop the SUBRECIPIENT's project worksheet(s) (PW) and supporting attachments with
FEMA and the SUBRECIPIENT's assistance based upon the costs determined to be eligible.
iii. Submit the SUBRECIPIENT's funding package to FEMA.
iv. Notify the SUBRECIPIENT when funding approval is received, issue payment per the
process described above see Article 11, A.4 — Payments, and provide the SUBRECIPIENT
with a copy of the approved project worksheet.
v. Work with the SUBRECIPIENT to resolve any issues identified during the monitoring
process.
vi. Review and respond appropriately to the SUBRECIPIENT's requests for time extensions and
changes.
9. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
All subrecipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition
against discrimination on the basis of national origin, which requires that subrecipients of federal
financial assistance take reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP
may entail providing language assistance services, including oral interpretation and written translation.
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such
organizations and entities in understanding their language access obligations. DHS published the
required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient
Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such
as how a recipient can determine the extent of its obligation to provide language services; selecting
language services; and elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations, please refer to the DHS
Recipient Guidance at https://www.dhs.gov/quidance-published-help-department-supported-
organizations-provide-meaninqful-access-people-limited and additional resources on
http://www.lep.gov.
B. FEMA STATE AGREEMENT TERMS AND CONDITIONS
As a subrecipient of FEMA funding, the SUBRECIPIENT shall comply with all applicable DHS/FEMA
terms and conditions of the Presidential Declaration and the FEMA State Agreement, which are
incorporated in and made a part of this Agreement in Appendix F of the Washington State Public
Assistance Applicant Manual dated April 23, 2020 (Attachment 4).
Public Assistance Grant Agreement
Page 7 of 21 City of Tukwila, D20-2086
Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the following terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. "DEPARTMENT" means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully
representing that DEPARTMENT. The DEPARTMENT is a recipient of a federal award directly from a
federal awarding agency and is pass-through entity making a subaward to a subrecipient under this
Agreement.
b. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from
the DEPARTMENT. However, the definition of "subrecipient" is the same as in 2 CFR 200.93 for all
other purposes. "Monitoring Activities" means all administrative, construction, financial, or other
review activities that are conducted to ensure compliance with all state and federal laws, rules,
regulations, authorities and policies.
c. "Project" means those actions funded through the Public Assistance Program and described in
approved Project Worksheets. Projects may include one or more of the following: reimbursement of
costs for emergency response, debris removal and/or repair or restoration of damaged public facilities.
A project may be a small, large, improved, or alternate project.
d. "Investment Justification" means grant application investment justification submitted by the
SUBRECIPIENT describing the project for which federal funding is sought and provided under this
Agreement. Such grant application investment justification is hereby incorporated into this Agreement
by reference.
A.2 ADVANCE PAYMENTS
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement, except as required under 2 CFR 200.305 for federal grants.
SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such
goods or services, except as authorized under 2 CFR 200.305.
Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.0 §5121-
5207), Advance Payment process, FEMA will process a SUBRECIPIENT project worksheet which is
provided to the state of Washington for direct disbursement to SUBRECIPIENT.
Pursuant to these provisions and RCW 43.88.160(5), these grant funds are not subject to the advance
payments prohibition and will be disbursed immediately to SUBRECIPIENT as grants authorized by law
with subsequent authentication and certification of expenditures.
A.3 AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of
this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope
change. However, such amendment or modification shall not be binding, take effect or be incorporated
herein until made in writing and signed by the authorized representatives of the DEPARTMENT and the
SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the
parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR
Part 35.
The SUBRECIPIENT must comply with the ADA, which provides comprehensive civil rights protection
to individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
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Page 8 of 21 City of Tukwila, D20-20,136
A.5 APPLICATION REPRESENTATION -MISREPRESENTATION, INACCURACY AND BREACH
The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to
eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in
any part of the application may be deemed a breach of this Agreement.
A.6 ASSURANCES
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations. In
addition, as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable
DHS terms and conditions as specified in Appendix F of the Washington State Public Assistance
Applicant Manual dated March 22, 2020 incorporated in this Agreement as Attachment 4.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this Agreement by any federal department or agency.
The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-
management-division/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this
Agreement shall be incorporated into this Agreement by reference.
Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the
federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies
that it will ensure that potential sub -contractors or sub -recipients or any of their principals are not
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in "covered transactions" by any federal department or agency. "Covered transactions"
include procurement contracts for goods or services awarded under a non -procurement transaction
(e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub -awards to
sub -recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply
with this provision by obtaining a certification statement from the potential sub -contractor or sub -
recipient or by checking the System for Award Management (http://www.sam.gov) maintained by the
federal government. The SUBRECIPIENT also agrees not to enter into any arrangements or contracts
with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List"
(http://www.Ini.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/).
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge
and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an
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) that 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 agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
(3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be
included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into, and is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code.
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Page 9 of 21 City of Tukwila, D20-20i3i
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not
responsible for determining compliance with, any and all applicable federal, state, and local laws,
regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not
limited to: nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by
Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations (41
CFR chapter 60); Copeland Anti -Kickback Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3); Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency
regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Energy
Policy and Conservation Act (PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities
Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of
1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended),
Title 44 of the Federal Regulations, 2 CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant
Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing
Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building
Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92),
and safety and health regulations.
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations.
In the event of the SUBRECIPIENT's or its contractor's noncompliance or refusal to comply with any
applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion.
The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with
applicable laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
or its designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a
provision prohibiting such interest pursuant to this provision.
A.11 CONTRACTING & PROCUREMENT
a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub -contractors that are entered into under the original contract
award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General
procurement standards through 200.326 Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
this Agreement must include the following provisions, as applicable:
1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
administrative, contractual, or legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause and for convenience by the
non -Federal entity including the manner by which it will be effected and the basis for settlement.
Public Assistance Grant Agreement
Page 10 of 21 City of Tukwila, D20-200
3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must
include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The non -Federal
entity must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The non -Federal entity must report all suspected or
reported violations to the Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department
of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non -Federal entity must report all
suspected or reported violations to the Federal awarding agency.
The procurement process followed shall be in accordance with 2 CFR Parts 200 and 3002, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, Uniform Administrative Requirements for Grants and Other Agreements with Institutions
of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the SUB-
GRANTEE. All subcontracting agreements entered into pursuant to this Agreement shall incorporate
this Agreement by reference.
5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of
a standard work week of forty (40) hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
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Page 11 of 21 City of Tukwila, D20-203
7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non -Federal award to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government -wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non -Federal award.
10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non -Federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA guidelines.
11) Notice of Federal awarding agency requirements and regulations pertaining to reporting.
12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in
data.
13) Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the
Comptroller General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific contract
for the purpose of making audit, examination, excerpts, and transcriptions.
14) Retention of all required records for six years after the SUBRECIPIENT has made final
payments and all other pending matters are closed.
15) Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L.
94-163, 89 Stat. 871).
16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for Infrastructure
Projects," the DEPARTMENT encourages SUBRECIPIENTS to use, to the greatest extent practicable
and consistent with the law, iron and aluminum as well as steel, cement and other manufactured
products produced in the United States, in Public Assistance and Hazard Mitigation Grant Program
eligible public infrastructure repair and construction projects affecting surface transportation, ports,
water resources including sewer and drinking water and power. Such preference must be consistent
with the law, including cost and contracting requirements of 2 CFR Part 200.
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Page 12 of 21 City of Tukwila, D20-2043
b. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and
documents and require the SUBRECIPIENT to make changes to bring its plans and documents into
compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.326. The
SUBRECIPIENT must ensure that its procurement process requires contractors and subcontractors to
provide adequate documentation with sufficient detail to support the costs of the project and to allow
both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project costs.
c. All sub -contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
A.12 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's
responsibilities with respect to services provided under this Agreement is prohibited except by prior
written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other
law or court order.
A.13 DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and
it cannot be resolved through discussion and negotiation, either party may request a dispute resolution
panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the
disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the DEPARTMENT, a representative appointed by the
SUBRECIPIENT and a third party mutually agreed upon by both parties. The panel shall, by majority
vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs and share equally the cost of the third panel member.
A.14 DUPLICATION OF BENEFITS
The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not,
or will not, duplicate benefits or funds received for the same loss from any other source. The
SUBRECIPIENT will pursue, and require sub -recipients to pursue, full payment of eligible insurance
benefits for properties or any other losses covered in a project under this Agreement. The
SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are
duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek
recovery against any party or parties whose negligence or other intentional or tortious conduct may
have caused or contributed to the expenditures for which these grants funds are provided. The
SUBRECIPIENT will repay the DEPARTMENT any funds recovered by settlement, judgment, or other
court order in an action to recover funds provided by this grant. The SUBRECIPIENT shall notify the
DEPARTMENT as early as possible and work in conjunction with the DEPARTMENT and FEMA to
ensure appropriate apportionment of any duplicated or recovered payment.
A.15 HAZARDOUS SUBSTANCES
The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is
defined in RCW 70.105D.020 (10).
A.16 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and
hold harmless the DEPARTMENT, the State of Washington, and the United States Government and
their authorized agents and employees, from all claims, actions, costs, damages or expenses of any
nature whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub -contractors,
assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever
arising out of or in connection with any acts or activities authorized by this Agreement.
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Page 13 of 21 City of Tukwila, D20 -2043g
To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
State of Washington and their authorized agents and employees in any litigation; including payment of
any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection
with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or
employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence
of the SUBRECIPIENT, or SUBRECIPIENT's agents or employees.
Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the federal government, the following shall apply:
44 CFR 206.9 Non -liability. The federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.17 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the DEPARTMENT's Authorized Signature and the Authorized
Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties Authorized Signature representatives. Further, only the Authorized Signature
representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement
requests, certification of project completion, time extension requests, amendment and modification
requests, requests for changes to project status, and other requests, certifications and documents
authorized by or required under this Agreement.
A.18 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the
DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate or
suspend all or part of the Agreement as a "Termination for Cause" without providing the
SUBRECIPIENT an opportunity to cure. Alternatively, the parties may renegotiate the terms of this
Agreement under "Amendments and Modifications" to comply with new funding limitations and
conditions, although the DEPARTMENT has no obligation to do so.
A.19 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred, or assigned
by the SUBRECIPIENT.
A.20 NONDISCRIMINATION
The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement.
A.21 NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
local, state and federal laws and shall maintain a record of this compliance.
A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUBRECIPIENT represents and warrants that its workplace does now or will meet all applicable
federal and state safety and health regulations that are in effect during the SUBRECIPIENT's
performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees
to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability,
Public Assistance Grant Agreement
Page 14 of 21 City of Tukwila, D20 -20i36
damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees
assessed against the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed
with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership
interest or title to such property of the SUBRECIPIENT.
The SUBRECIPIENT shall assume all liabilities arising from the ownership and operation of the project
and agrees to hold the DEPARTMENT and the State of Washington and the United States government
harmless from any and all causes of action arising from the ownership and operation of the project.
A.24 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot
issue.
A.25 PRIVACY
Personal information collected, used, or acquired in connection with this agreement shall be used solely
for the purposes of this agreement. SUBRECIPIENT and its subcontractors agree not to release,
divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information
without the express written consent of the DEPARTMENT or as provided by law or court order.
SUBRECIPIENT agrees to implement physical, electronic, and managerial safeguards to prevent
unauthorized access to personal information.
The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
collected, used, or acquired by the SUBRECIPIENT through this contract. The monitoring, auditing, or
investigating may include but is not limited to "salting" by the DEPARTMENT. Salting is the act of
placing a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database.
Any breach of this provision may result in termination of the contract and the demand for return of all
personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
for any damages related to the SUBRECIPIENT's unauthorized use, loss or disclosure of personal
information.
For purposes of this provision, personal information includes, but is not limited to, information
identifiable to an individual that relates to a natural person's health, finances, education, business, use
or receipt of governmental services, or other activities, names, addresses, telephone numbers, social
security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers
and other identifying numbers.
A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or
commission for the purpose of obtaining approval of the application for such assistance or any other
approval or concurrence under this Agreement provided; however, that reasonable fees or bona fide
technical consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
A.27 PUBLICITY
The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
publicity matters relating to this Agreement wherein the DEPARTMENT's name is mentioned or
language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's
judgment, be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising
and publicity matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may
copyright original work it develops in the course of or under this Agreement; however, pursuant to 2
CFR Part 200.315, FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use the work for government purposes.
The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
Public Assistance Grant Agreement
Page 15 of 21 City of Tukwila, D20-20i3g
Publication resulting from work performed under this Agreement shall include an acknowledgement of
the DEPARTMENT and FEMA's financial support, by CFDA number, and a statement that the
publication does not constitute an endorsement by FEMA or reflect FEMA's views.
A.28 RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with
applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the
DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
noncompliance. Such right of recapture shall exist for the life of the project following Agreement
termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur
within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to
enforce the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof,
including attorney fees.
A.29 RECORDS AND REPORTS
a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the
SUBRECIPIENT's contracts, subawards, grant administration, and payments, including all direct
and indirect charges, and expenditures in the performance of this Agreement (the "records").
b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be inspected
and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA
or their designees, by the Comptroller General of the United States or its designees, or by other
state or federal officials authorized by law, for the purposes of determining compliance by the
SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together
with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal
working day.
d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the
grant under this Agreement. Despite the minimum federal retention requirement of three (3) years,
the more stringent State requirement of six (6) year must be followed.
A.30 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which funds are provided under this Agreement
shall be liable for the costs incurred by the state and federal governments in responding to such
disaster. In addition to its own duty to recover duplicated funds or funds expended due to the
intentional or negligent actions of others. SUBRECIPIENT will cooperate in a reasonable manner with
the DEPARTMENT and the United States in efforts to recover expenditures under this Grant
Agreement.
A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Agreement, the project itself remains
the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the
SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and
maintenance of the project, as these phrases are applicable to this project, is solely that of the
SUBRECIPIENT, as is responsibility for any claim or suit of any nature by any third party related in any
way to the project.
Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable
Federal, State, and local permits and clearances are obtained, including but not limited to FEMA
compliance with the National Environmental Policy Act, the National Historic Preservation Act, the
Endangered Species Act, and all other environmental laws and executive orders.
The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which
may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall
not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or
Public Assistance Grant Agreement
Page 16 of 21 City of Tukwila, D20 -2043g
agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost
of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party
related to any design, development, construction, implementation, operation and/or maintenance of a
project.
A.32 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its
application to any person or circumstances invalid, this invalidity does not affect other provisions, terms
or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the
terms and conditions of this Agreement are declared severable.
A.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program -specific audit conducted
in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a
year in federal awards are exempt from federal audit requirements for that year, except as noted in 2
CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State,
local government, Indian Tribe, institution of higher education, or non-profit organization that carries out
a federal award as a recipient or subrecipient.
SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government
Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General
and the OMB Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its
auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the
Washington State Auditor's Office, a federal auditor, or a public accountant performing work using
GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2
CFR Part 200 Subpart F.
The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any subrecipients or contractors also maintain auditable records.
The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of
its subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report.
The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves
the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit.
Once the single audit has been completed and includes any audit findings, the SUBRECIPIENT must
send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9)
months after the end of the SUBRECIPIENT's fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA -20
Camp Murray, WA 98430-5032
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption
from the audit requirements of this provision has been established.
The SUBRECIPIENT shall include the above audit requirements in any subawards.
Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a
material requirement of this Agreement. In the absence of a valid claim of exemption from the audit
requirements of 2 CFR Part 200 Subpart F, the SUBRECIPIENT's failure to comply with said audit
requirements may result in one or more of the following actions in the DEPARTMENT's sole discretion:
a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR
Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards
until the audit is conducted and submitted; or termination of the federal award.
Public Assistance Grant Agreement
Page 17 of 21 City of Tukwila, D20-20436
A.34 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or
agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented
as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by
reason of this Agreement, nor will the SUBRECIPIENT make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of
Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation
coverage, unemployment insurance benefits, social security benefits, retirement membership or credit,
or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the SUBRECIPIENT is another state department, state agency, state university,
state college, state community college, state board, or state commission, that the officers and
employees are employed by the State of Washington in their own right and not by reason of this
Agreement.
A.35 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and
maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit
charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or
regulation that are applicable to Agreement performance.
A.36 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement
by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the
Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the
best interests of the State of Washington, may terminate this Agreement in whole or in part by providing
ten (10) calendar days written notice, beginning on the second day after mailing to the
SUBRECIPIENT. Upon notice of termination for convenience, the DEPARTMENT reserves the right to
suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from
incurring additional obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable
for all damages as authorized by law. The rights and remedies of the DEPARTMENT provided for in
this section shall not be exclusive and are in addition to any other rights and remedies provided by law.
A.37 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill
in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition
so as to endanger performance hereunder, is in violation of any laws or regulations that render the
SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend
or terminate this Agreement in whole or in part.
The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and
provide a period of time in which to cure. The DEPARTMENT is not required to allow the
SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the
DEPARTMENT's discretion. Any time allowed for cure shall not diminish or eliminate the
SUBRECIPIENT's liability for damages or otherwise affect any other remedies available to the
DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the
DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the
corrective action is not taken within ten (10) calendar days or as otherwise specified by the
DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the
Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during
investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENT, if
allowed, or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part.
In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law,
including but not limited to, any cost difference between the original Agreement and the replacement or
Public Assistance Grant Agreement
Page 18 of 21 City of Tukwila, D20 -2O
cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost
of administering the competitive solicitation process, mailing, advertising and other associated staff
time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive
and are in addition to any other rights and remedies provided by law.
If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to
perform was outside of the SUBRECIPIENT's control, fault or negligence, the termination shall be
deemed to be a "Termination for Convenience".
A.38 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the
SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of
this Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may
require the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or
acquired for the performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the agreed
upon price, if separately stated, for properly authorized and completed work and services rendered or
goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement
termination, and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i)
completed work and services and/or equipment or supplies provided for which no separate price is
stated, (ii) partially completed work and services and/or equipment or supplies provided which are
accepted by the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are
accepted by the DEPARTMENT, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of
this Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the
liability of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the
SUBRECIPIENT for termination. The DEPARTMENT may withhold from any amounts due the
SUBRECIPIENT such sum as the DEPARTMENT determines to be necessary to protect the
DEPARTMENT against potential loss or liability.
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and
are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in
writing, the SUBRECIPIENT shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or sub -contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of such
portion of the work under the Agreement as is not terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the
DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and
sub -contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-
contracts, with the approval or ratification of the DEPARTMENT to the extent the
DEPARTMENT may require, which approval or ratification shall be final for all the purposes of
this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent
directed by the DEPATMENT any property which, if the Agreement had been completed, would
have been required to be furnished to the DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by the
DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection
and preservation of the property related to this Agreement which is in the possession of the
SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest.
A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus area firms are used when
Public Assistance Grant Agreement
Page 19 of 21 City of Tukwila, D20 -2O
possible and will take all necessary affirmative steps to utilize business firms that are certified as
minority-owned and/or women -owned in carrying out the purposes of this Agreement. The following
steps are required by the subrecipient if any contracts with contractors or sub -contractors are entered
into under the original contract award:
a. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
b. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women's business enterprises; and
e. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of
Commerce.
The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the
State of Washington MWBE goals, as identified in. WAC 326-30-041.
A.40 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by the laws of the State of Washington. Venue of any suit between the parties
arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The
SUBRECIPIENT, by execution of this Agreement acknowledges the jurisdiction of the courts of the
State of Washington.
A.41 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any
provision of the 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.
Public Assistance Grant Agreement
Page 20 of 21 City of Tukwila, D20-20.2
PROJECT WORKSHEET SAMPLE
U.S. DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
PROJECT WORKSHEET
Attachment 3
O.M.B. No. 1660-0017
PAPERWORK BURDEN DISCLOSURE NOTICE
Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial
resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments
regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden
to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500
C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required to
respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not
send your completed form to this address.
DISASTER PROJECT NO. PA ID NO. DATE CATEGORY
F _ R
DAMAGED FACILITY
WORK COMPLETE AS OF:
%
SUBRECIPIENT
COUNTY
LOCATION
LATITUDE
LONGITUDE
DAMAGE DESCRIPTION AND DIMENSIONS
SCOPE OF WORK
Does the Scope of Work change the pre -disaster conditions at the site? ❑ Yes ❑ No
Special Considerations issues included? ❑ Yes ❑ No Hazard Mitigation proposal included?❑ Yes ❑ No
Is there insurance coverage on this facility? ❑ Yes ❑ No
PROJECT COST
1
T
CODE
NARRATIVE
QUANTITY/UNIT
UNIT PRICE
COST
/
/
/
/
/
/
/
/
TOTAL COST
PREPARED BY
TITLE
SIGNATURE
SUBRECIPIENT REP.
TITLE
SIGNATURE
FEMA Form 90-91, FEB 06
Public Assistance Grant Agreement
REPLACES ALL PREVIOUS EDITIONS.
Page 21 of 21
City of Tukwila, D20-2001
24
City of Tukwila
Allan Ekberg, Mayor
Public Works Department .. Hari Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/City Engineer
BY: Adib Altallal, Utilities Engineer
CC: Mayor Allan Ekberg
DATE: September 24, 2021
SUBJECT: Future Sewer Lift Station No. 13 — Feasibility Study
Project No. 99740205
Consultant Selection and Agreement
ISSUE
Approve a contract agreement with Gray & Osborne, Inc. (G&O) to provide feasibility study services for the Future Sewer Lift
Station No. 13.
BACKGROUND
Most of the Tukwila Hill neighborhood discharges its sewage via the 12" sewer line under Interstate 405 (1-405) south of
Tukwila City Hall. The City's sewer line was constructed before the interstate existed and since construction and subsequent
expansions of the highway took place, the vital main has become inaccessible to the maintenance and engineering staff. The
existing pipe is also long past its useful life and is need of replacement. This is of concern because if the pipe were to fail, it
would affect most of the Tukwila Hill neighborhood and require costly emergency repair in many locations.
DISCUSSION
The Future Sewer Lift Station No. 13 Project is currently scheduled to start in 2024. However, since the pipe is inaccessible to
staff and is a single point of failure for most of Tukwila Hill, we have decided to start the feasibility study sooner than planned.
The feasibility study will help us determine which design options, such as replacing the pipe or building a new lift sewer
station, will be the most efficient and cost effective. Since building a lift station is a costly endeavor, other alternatives will be
exhaustively studied first. Proposals from five consultants were reviewed and Gray & Osborne, Inc. were selected to pursue
the feasibility study.
FINANCIAL IMPACT
Gray & Osborne, Inc has provided a cost estimate of $41,700.00 for the feasibility study services for the Future Sewer Lift
Station No. 13. The project will be funded by the 2021 Annual Sewer Repair Program design budget. The project costs are
within budget and are 100% funded by the sewer enterprise fund.
Gray & Osborne, Inc.
Contract 2021 Budget
$41,700.00 $75,000.00
RECOMMENDATION
Council is being asked to approve a feasibility study agreement for professional services with Gray & Osborne, Inc in the
amount of $41,700.00 for the Future Sewer Lift Station #13 — Feasibility Study Project and consider this item on the Consent
Agenda at the October 4, 2021 Regular Meeting.
Attachments: 2021 CIP, Page 68
Scope of Work and Cost Estimate
Contract Agreement
25
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Annual Sewer Repair Program Project No. 9xx40201
Reduce sewer line infiltration and inflow (I & I) through groundwater intrusion or storm events as a
DESCRIPTION: result of damaged deteriorating systems or illicit connections. Includes small repairs and capital
maintenance.
JUSTIFICATION: Decreases treatment, discharge, and pumping costs.
STATUS: Annual program is determined after pipeline TV inspection reports are completed.
MAINT. IMPACT: Less maintenance costs through rehabilitation of aging system.
COMMENT: Ongoing project, only one year actuals shown in first column.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Design
0
15
75
75
70
70
70
70
500
945
Land (R/W)
0
Const. Mgmt.
10
112
120
105
105
115
115
200
882
Construction
0
75
750
800
700
700
700
700
1,000
5,425
TOTAL EXPENSES
0
100
937
995
875
875
885
885
1,700
7,252
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
100
937
995
875
875
885
885
1,700
7,252
TOTAL SOURCES
0
100
937
995
875
875
885
885
1,700
7,252
Project Location:
Entire System
2021 - 2026 Capital Improvement Program
68
26
EXHIBIT A
SCOPE OF WORK
CITY OF TUKWILA
I-405 SEWER MAIN DEMOLITION AND REROUTE
PROJECT UNDERSTANDING
The City of Tukwila wants to contract with Gray & Osborne to examine rerouting and
decommissioning the existing sewer main that crosses I-405 at Andover Park West. Gray
& Osborne is to develop preliminary concepts and the associated costs to reroute sewer
flow from the Southcenter Boulevard location. The preliminary concepts and the
associated cost are to be summarized in a feasibility report along with discussion of the
advantages and disadvantages of each concept.
More specifically, the work will include the following.
DESIGN
Task 1 — Project Management and Oversight
Objective: Provide overall project management and oversight of the project work by
the Principal -in -Charge and senior staff members.
A. Provide overall project management and oversight services, to include:
• Procure sufficient staff resources to dedicate to the project.
• Manage and control project budget and schedule.
• Manage and provide monthly progress reports and invoices.
Task 2 — Kickoff Meeting
Objective: Conduct a kickoff meeting with City of Tukwila staff to confirm scope,
identify critical path schedule and task items, format and schedule for
deliverables, major project assignments, stakeholder contacts, and any
special regulatory and funding agency requirements.
A. Conduct an initial meeting to initiate the engineering design process for
the project, discussing the following items at a minimum. The discussion
will include, but not be limited to, the following topics:
G&O #PR216.11
• Review City of Tukwila -provided record drawings of existing
system.
Page 1 of 4
27
• Review and confirm project understanding and design criteria to be
employed.
• Review and confirm task assignments and budget hours for
assigned tasks.
• Review and confirm project schedule and milestones/deliverables.
• Identify project stakeholders and discuss their needs and impacts
on the project.
• Document the discussion of the meeting and distribute to all
attendees.
Task 3 — Evaluation of Alternatives
Objective: Identify alternatives for abandonment of the existing I-405 sewer crossing,
compare feasible alternatives and select a preferred alternative.
A. Possible alternatives currently under consideration include the following:
• Construct a lift station along Southcenter Boulevard to divert flows
north into the City's system.
• Construct a lift station along Southcenter Boulevard and slip line
the existing gravity main, to facilitate a force main across I-405. In
addition, the main would be extended through the existing manhole
located in I-405 and connected to the City's sewer system on
Tukwila Parkway.
• Examine trenchless technologies to install either a gravity or force
main under I-405 and connected to the City's sewer system on
Tukwila Parkway.
B. Selection of the preferred alternative will include review of the following
elements:
• Capital Cost
• Life -Cycle Cost
• Constructability
• Risk
• Permitting
• Environmental Issues
• Public impacts
C. We will provide a comparative matrix to select the preferred alternative
based on ranking system of the evaluation elements.
G&O #PR216.11
Page 2 of 4
28
Task 4 — Surveying
Objective: If required obtain critical vertical and horizontal control and pertinent
topographical information to include identifying existing and obvious
utilities, and pertinent topographical features to facilitate development of
proposed alternatives.
A. Establish vertical and horizontal control on the City of Tukwila adopted
datum for survey and mapping at a scale of not more than 1 inch = 20 feet
(horizontal) and 1 inch = 5 feet (vertical).
B. Acquire supplemental topographical survey of the site (within and
adjacent to the project corridor) to identify key elevations to ensure the
preferred alternative is feasible.
Task 5 — Prepare Technical Memorandum
Objective: Prepare a technical memorandum summarizing the project understanding,
design criteria, regulatory requirements, and general design guidelines and
standards which govern the project design.
A. Prepare a technical memorandum (letter report) summarizing the project
understanding, project site, access issues, utility needs, pertinent design
criteria, regulatory requirements, and general design guidelines and
standards which govern the project design. The Technical Memorandum
will include discussion of conceptual alternatives to reroute sewer across
I-405 from Southcenter Boulevard to the intersection of Tukwila Parkway
and Andover Park West, summarizing the alternatives evaluation and
providing the preferred alternative.
B. Submit the technical memorandum to City of Tukwila staff and solicit
comments and/or clarifications. Incorporate all relevant review comments
into memorandum. Issue final memorandum to City of Tukwila.
Task 6 — Quality Assurance/Quality Control
A. Oversee two, in-house, quality assurance/quality control (QA/QC)
meetings at G&O's office during the course of the design project. The
meetings will include the design team members, and selected senior
project staff,
B. Ensure incorporation of relevant recommendations and suggestions into
bid/construction documents resulting from QA/QC reviews.
G&O #PR216.11
Page 3 of 4
29
SCHEDULE
We anticipate the following schedule for deliverables:
• Draft Technical Memorandum: January 2022.
• Final Technical Memorandum: February 2022.
G&O #PR216.11
Page 4 of 4
30
EXHIBIT B
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Tukwila - 1-405 Sewer Main Decommission and Reroute
Tasks
Principal
Hours
Project
Manager
Hours
Civil Eng.
Hours
AutoCAD/
GIS Tech./
Eng. Intern
Professional
Land Surveyor
Hours
Field Survey
Hours
1 Project Management and Oversight
16
2 Kickoff Meeting
3
3
3 Evaluation of Alternatives
12
24
40
16
4 Surveying
4
8
5 Prepare Technical Memorandum
8
24
40
12
6 Quality Assurance/Quality Control
16
4
8
Hour Estimate:
36
71
91
28
4
8
Estimated Fully Burdened Billing Rate:*
$210
$200
$140
$135
$160
$320
Fully Burdened Labor Cost:
$7,560
$14,200
$12,740
$3,780
$640
$2,560
Total Fully Burdened Labor Cost:
Direct Non -Salary Cost:
Mileage & Expenses (Mileage @ current IRS rate)
Printing
TOTAL ESTIMATED COST:
$ 41,480
$ 120
$ 100
$ 41,700
* Actual labor cost will be based on each employee's actual rate. Estimated rates are for determining total estimated cost only. Fully burdened
billing rates include direct salary cost, overhead, and profit.
G&O #PR216.11
Page 1 of 1
31
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Gray & Osborne, Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform design feasibility
services in connection with the project titled Future Sewer Lift Station #13 — Feasibility Study.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2022, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement
shall commence upon written notice by the City to the Consultant to proceed. The
Consultant shall perform all services and provide all work product required pursuant to this
Agreement no later than December 31, 2022 unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $41,700 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
32
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant 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 Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop-gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
33
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for
the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Contractor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
34
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Gray & Osborne, Inc.
1130 Rainier Ave S #300
Seattle, WA 98144
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
35
DATED this day of , 20
CITY OF TUKWILA GRAY & OSBORNE, INC.
By:
Allan Ekberg, Mayor
Printed Name: Michael B. Johnson, P.E.
Title:
President
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
36
City of Tukwila
Allan Ekberg, Mayor
Pabk Works Department - Harr Parrnekantr, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
BY: Mike Perfetti, Habitat Project Manager
CC: Mayor Ekberg
DATE: September 24, 2021
SUBJECT: Surface Water Fund - Gilliam Creek Fish Barrier Removal
Project No. 99830105
Acceptance of King County CWM grant
ISSUE
Authorize the Mayor to sign a Cooperative Watershed Management (CWM) grant agreement with King
County.
BACKGROUND
The primary goals of this project are to restore fish passage between Gilliam Creek and the Green
River, restore salmon habitat, and maintain or improve flood protection. The 108" flapgate would be
removed and replaced with flood protection more suitable to fish passage.
DISCUSSION
In May 2021, WRIA 9 approved funding for this project within its High Priority Capital Projects
Implementation Fund and its 2021 funding package. CWM funds are distributed annually to each WRIA
in the County to support salmon recovery. This funding will be used to support preliminary design,
stakeholder involvement and design development.
FISCAL IMPACT
The City has $1,937,000 earmarked for design in the Capital Improvement Program, including
$561,000 in surface water funds through 2023. While there is no match requirement, the CWM grant
agreement states that the City will leverage $161,000, which will be accomplished through other CWM
funds and City surface water revenue.
Grant Award Leverage 2021 Design Budget
CWM $200,000 $936,000
CWM-2020 $100,000
City revenue 61,000
Total $200,000 $161,000
RECOMMENDATION
Council is being asked to authorize the mayor to sign the CWM grant agreement for the Gilliam Creek
Fish Barrier Removal Project and consider this item on the Consent Agenda at the October 4, 2021
Regular Meeting.
Attachments: 2021 CIP, Page 85
CWM Project Agreement: Riverton Creek Flap Gate Removal
37
PROJECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
Gilliam Creek Fish Barrier Removal
Project No. 99830105
Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate
which may include a self-regulating tide gate or flood wall.
Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and
City; WRIA 9 salmon habitat project.
Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage
and to address potential flooding.
Likely a shift in maintenance commitments with potential elimination of flapgate maintenance.
In 2020, SRFB listed as Project of Concern, WRIA pulling funding from this cycle; BA Fish Barrier Board -
scored 63 of 94; outcomes yet to be determined; $100K allocated in CWM via WRIA 9.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022 2023 2024 2025 2026 BEYOND TOTAL
EXPENSES
Project Location
Firi
•
�
Design
60
936
536
405
1,937
Land (R/W)
XI
}A
I
14
111
0
Monitoring
11.11114,
I
/..44;1f4*;
0
Const. Mgmt.
VIUMPANI
752
400
7 . 3
1152
Construction
AhM1
YukwHa Pkwy
5,200
2,000
,eos� p
s 4
.6.1,
7,200
TOTAL EXPENSES
60
0
936
536
405
5,952
2,400
0
0
10,289
FUND SOURCES
Awarded Grant
0
Proposed Grant
708
350
258
4,760
1,000
7,076
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
60
0
228
186
147
1,192
1,400
0
0
3,213
TOTAL SOURCES
60
0
936
536
405
5,952
2400
0
0
10,289
2021 - 2026 Capital Improvement Program
85
38
Project Location
Firi
•
�
h
'O1411140
O1411
XI
}A
I
14
111
11.11114,
I
/..44;1f4*;
VIUMPANI
st
7 . 3
USN
_„alp
1 \
,r,z,4,11111111:11:t26:17--.--i4- ,
AhM1
YukwHa Pkwy
,eos� p
s 4
.6.1,
2021 - 2026 Capital Improvement Program
85
38
Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024
AGREEMENT FOR AWARD OF
COOPERATIVE WATERSHED MANAGEMENT GRANT FUNDS
BETWEEN THE CITY OF TUKWILA AND KING COUNTY
This Agreement is made between King County, a municipal corporation, and the City of
Tukwila ("Recipient"), for the purposes set forth herein. This Agreement shall be in effect from
the date of execution to September 30, 2024.
Primary Contact for King County: Kim Harper, Grant Administrator, 206-477-6079,
Kim.harper@kingcounty.gov.
Primary Contact for Recipient: Mike Perfetti, Habitat Project Manager, 206-550-4930,
Mike.perfetti@tukwilawa.gov.
1.1
SECTION 1. RECITALS
Whereas, the King County Flood Control District ("District") is a quasi -municipal
corporation of the State of Washington, authorized to provide funding for cooperative
watershed management arrangements and actions for purposes of water quality, water
resource, and habitat protection and management;
1.2 Whereas King County is the service provider to the District under the terms of an
interlocal agreement ("ILA") by and between King County and the District, dated
February 17, 2009, as amended, and as service provider implements the District's annual
work program and budget;
1.3 Whereas, the Board of Supervisors of the District (the "Board"), the District's governing
body, passed Resolution FCD 2020-22 on November 4, 2020, authorizing the King
County executive or his designee to develop and administer a grant award program of up
to $9,762,382 in 2021 for water quality, water resources and habitat restoration and
management projects and activities in King County, provided that the project list is
approved by the Board;
1.4 Whereas, in accordance with Resolution FCD2012-07.2 and in its capacity as service
provider to the District, King County has established a grant award program, called the
Cooperative Watershed Management Award Program, to fund water quality, water
resources and habitat restoration and management projects and activities;
1.5 Whereas, the Recipient submitted an application to its respective WRIA forum or
committee for the Project, as described in Exhibit A attached hereto and incorporated
herein by this reference, and that body has recommended the Project for funding under
the Cooperative Watershed Management Grant Program in accordance with King
County's Cooperative Watershed Management Grant Program Policies and Procedures, a
copy of which has been furnished by King County to the Recipient and which are
incorporated herein by this reference ("Grant Policies and Procedures");
Page 1 of 6
39
Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024
1.6 Whereas the District's Board of Supervisors has received a list of proposed projects that
includes the Project, and the Board of Supervisors, in Resolution FCD2021-07, has
approved the Project for funding up to the amount of $200,000;
1.7 Whereas King County has received a Scope of Work and a Budget for the Project from
the Recipient and has determined that the Scope of Work, attached hereto and
incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and
incorporated herein as Exhibit C ("Budget Summary"), are consistent with the Grant
Policies and Procedures;
1.8 Whereas, King County and the Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions under which King County will provide
funding from the District in accordance with the Policies and Procedures, and the
Recipient will implement the Project.
SECTION 2. AGREEMENT
2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this
reference.
2.2. King County agrees to award the Recipient an award in the total amount of $200,000
from District funds (the Award). The Award shall be used by the Recipient solely for the
performance of the Project. King County shall pay the Recipient in accordance with the
Grant Policies and Procedures.
2.3. The Recipient represents and warrants that it will only use the Award for the Scope of
Work of this Agreement and in accordance with the Project Budget. The Recipient shall
be required to refund to King County that portion of the Award which is used for work or
tasks not included in the Scope of Work. Further, the Recipient agrees that King County
may retain any portion of the Award that is not expended or remains after completion of
the Scope of Work and issuance of the Final Report, as further described below.
2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate
the execution date of this Agreement provided that 1) they have been identified by
Recipient as being within the scopes of numbers 2) and 3) below, and have been
approved by King County as being within such scopes; 2) The activities are specified in
the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the
Scope of Work and are authorized by the Award as identified in the Budget of this
Agreement; 4) such activities and expenses otherwise comply with all other terms of this
Agreement; and 5) such activities and expenses do not occur prior to the date the grants
were approved by the District and reimbursements shall be paid to the Recipient only
after this Agreement has been fully executed.
2.5. The Recipient shall invoice King County for incurred expenses using the Request for
Payment form and Progress Report form for those documented and allowable expenses
identified in the Budgets and according to the rules set forth in the Grant Policies and
Procedures. Blank forms shall be provided to the Recipient by King County upon
Page 2 of 6
40
Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024
execution of this Agreement. Progress reports for each project (with or without requests
for payment) shall be made no less frequently than every six months after the effective
date of this Agreement nor more frequently than every three months after the
aforementioned date. A Progress Report form shall be submitted with all payment
requests. A one-time advance may be allowed, in the discretion of King County, for
expenses anticipated to be incurred in the three months following the date of submission
of the advance Request for Payment only for work that is included in the Scope of Work
of this Agreement, and identified as such in the Request for Payment. The amount of the
advance may not exceed 25% of the total award amount. Documentation of payments
made from advances shall be submitted to King County prior to any further requests for
payment.
2.6. The Recipient shall be required to submit to King County a final report which documents
the Recipient's completion of the work in conformance with the terms of this Agreement
within thirty (30) days after the completion of the work. The final report may be
submitted on the Close-out Report form unless a more detailed final report is specified in
the scope of work. A blank Close-out Report form shall be provided to the Recipient by
King County upon execution of this Agreement. The final report shall include a summary
of the Project's successes and shall address the watershed benefits accomplished by the
work.
2.7. The Recipient's expenditures of Award funds shall be separately identified in the
Recipient's accounting records. If requested, the Recipient shall comply with other
reasonable requests made by King County with respect to the manner in which Project
expenditures are tracked and accounted for in the Recipient's accounting books and
records. The Recipient shall maintain such records of expenditures as may be necessary
to conform to generally accepted accounting principles as further described in Section 2.8
below, and to meet the requirements of all applicable state and federal laws.
2.8. The Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ("BARS") or Generally Accepted
Accounting Principles set forth by the Financial Accounting Standards Board or by the
Governmental Accounting Standards Board.
2.9. King County or its representative, and the District or its representative shall have the
right from time to time, at reasonable intervals, to audit the Recipient's books and records
in order to verify compliance with the terms of this Agreement. The Recipient shall
cooperate with King County and the District in any such audit.
2.10. The Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established by the Washington State Archivist
Local Government Common Records Retention Schedule (CORE) as revised.
2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors
or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources, and which is in compliance with local, state and
federal laws and regulations. The Recipient shall implement an appropriate monitoring
system or program to ensure compliance with this provision.
Page 3 of 6
41
Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024
2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the
District, their elected or appointed officials, employees and agents, from all claims,
alleged liability, damages, losses to or death of person or damage to property arising out
of any acts or omissions of the Recipient, its employees, agents, contractors or
subcontractors in performing its obligations under the terms of this Agreement.
2.13. The Recipient agrees to acknowledge the District as a source of funding, and the WRIA
as a funding partner, for the Project on all printed, online, and electronic documents;
signage or press releases; audio-visual materials; or any other materials produced in
association with the Project. Grant recipients shall submit documentation of
acknowledgement activities with their final reporting documents.
SECTION 3. GENERAL PROVISIONS
3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
3.2. This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof
which are not embodied in this Agreement shall be of any force or effect.
3.3. No amendment to this Agreement shall be binding on any of the parties unless such
amendment is in writing and is executed by the parties. The parties contemplate that this
Agreement may from time to time be modified by written amendment which shall be
executed by duly authorized representatives of the parties and attached to this Agreement.
3.4. Each party warrants and represents that such party has full and complete authority to
enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement
on behalf of such party and that such party is bound by the signature of such
representative.
3.5. The Project shall be completed by no later than September 30, 2024. In the event that
the Project is not completed by this date, King County has the discretion, but not the
obligation to terminate this Agreement and retain any unexpended Award funds.
3.6. This Agreement may be signed in multiple counterparts.
3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable
under applicable law, such provision will be ineffective to that extent only, without in any
way affecting the remaining parts or provision of this Agreement, and the remaining
provisions of this Agreement shall continue to be in effect.
Page 4 of 6
42
Project Name: Gilliam Creek Fish Barrier Removal Number: 4.9.21.024
3.8. The amount of the Award has been fully funded by the District. To the extent that
funding of the Award requires future appropriations by the King County Council, King
County's obligations are contingent upon the appropriation of sufficient funds by the
King County Council to complete the Scope of Work. If no such appropriation is made,
this Agreement will terminate at the close of the appropriation year for which the last
appropriation that provides funds under this Agreement was made.
KING COUNTY: RECIPIENT:
By By
Name Name
Title Title
Date Date
Page 5 of 6
43
Project Name: Gilliam Creek Fish Barrier Removal
EXHIBIT A: PROJECT DESCRIPTION
Number: 4.9.21.024
Project
Recipient
Description
Leverage
Award
Gilliam Creek
Fish Barrier
Removal
City of Tukwila
The Gilliam Creek Fish Barrier Removal and Habitat
Enhancement Project will create fish passage between
Gilliam Creek and the Green River in Tukwila. Gilliam
Creek is mostly inaccessible to aquatic species due to
the presence of a 1960s era 108" -diameter flapgate at
the outlet of a 207 -foot long culvert beneath 66th
Ave. S.
$161,000
$200,000
Project Location: The project is located in the lower Green River subwatershed at RM 12.5 on the left bank. This is
the confluence with Gilliam Creek, lying in the highly developed Southcenter area of Tukwila. The project will
improve the following habitats; mainstem edge, confluence and tributary. Within the Green-Duwamish watershed,
this project is located within the lower Green River, upstream of the salt wedge, but still tidally influenced. The
lower Green river watershed is characterized by its levee -restricted banks and massive warehousing district. The
primary limiting factor for Chinook salmon recovery in the lower Green is rearing habitat. The site has a narrow
buffer of mixed vegetation, with a mature cottonwood canopy; there are two local road stormwater outlets in the
project area.
EXHIBIT B: SCOPE OF WORK
Task Title
Task Description (Include Activities and Deliverables)
Estimated
Percent of
Total Budget
Month/Year
Task will be
Completed
Task 1: Project
Administration
(Required)
Submit reimbursement request forms, backup documentation
for billing, and progress reports at least every 6 months. Submit
a Fiscal Closeout form and a Closeout Report form with the final
reimbursement request.
1%
October 2023
Task 2:
Site survey and investigations
14%
March 2022
Task 3:
Stakeholder Coordination
15%
October 2023
Task 4:
Preferred Alternative
10%
July 2022
Task 5:
Design Development
60%
October 2023
EXHIBIT C: BUDGET SUMMARY
Budget Item
Grant Request
Staffing
$1,325
Commercial Services & Crew Time
$198,675
TOTAL
$200,000
Page 6 of 6
44
City of Tukwila
Allan Ekberg, Mayor
PtTb c Works Deportment - Bort Porrporanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director
BY: Mike Perfetti, Habitat Project Manager
CC: Mayor Allan Ekberg
DATE: September 24, 2021
SUBJECT: Surface Water Fund - Chinook Wind Public Access Project
Project No. 91441202
Design Consultant Selection and Agreement
ISSUE
Approve a contract with J.A. Brennan Associates, LLC to provide project design services for the Chinook
Wind Public Access project in the amount of $63,373.10.
BACKGROUND
The Chinook Wind Public Access project was established as a City CIP project in 2014 with the vision
of creating off -channel habitat and a public shoreline trail. King County acquired the site in 2015 and
has since been working to implement the restoration component of the project through their in -lieu fee
mitigation program. The City is developing the public access component including a trail, trailhead,
parking, stormwater treatment, site furnishings, and signage. These efforts are being closely
coordinated. Construction of the public access component is slated for 2022.
ANALYSIS
Staff reviewed the current MRSC Consultant Roster and issued a Request for Proposal (RFP) to three
design firms with project familiarity that had previously expressed interest. Two firms submitted
proposals. The proposals were scored according to predefined criteria by a selection committee. J.A.
Brennan Associates, LLC was the highest-ranking firm among committee members. J.A. Brennan
Associates, LLC previously contracted with the City for the design of Duwamish Gardens and the in -
progress Tukwila Pond master plan. Staff continues to be very satisfied with their work.
FISCAL IMPACT
J.A. Brennan Associates, LLC has provided a cost not to exceed $63,373.10 to perform design
services. The project costs are within the $88,000.00 budget (2020-2021 CIP). The City has a grant
agreement with the State Recreation and Conservation Office that will pay for up to 50% of design and
construction costs, including $26,200 in design costs.
Contract 2020-2021 Design Budget
J.A. Brennan Associates $63,373.10 $88,000.00
RECOMMENDATION
Council is being asked to approve a consultant agreement with J.A. Brennan Associates, LLC in the
amount of $63,373.10 for design of the Chinook Wind Public Access Project and consider this item on
the Consent Agenda at the October 4, 2021 Regular Meeting.
Attachments: Page 91, 2019-2024 CIP
Proposal Review Summary Sheet
Consultant Agreement
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/TIC 09-27-21/4. Chinook Wind Consultant Agreement/Info Memo_JAB contract award_20210924R.docx45
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021 to 2026
PROJECT: Chinook Wind Public Access Project No. 91441202
King County purchased site and will restore it as a salmon estuary and passive park in partnership with the City.
DESCRIPTION: City CIP project is to develop public access and maintenance trail. Plan is to connect trail through PW shops to
Duwamish Gardens.
The WRIA 9 Salmon Recovery Plan recommends creating 20 -acres of off -channel habitat within the
JUSTIFICATION: Duwamish Transition Zone and lists this section of the river as critical habitat for salmon recovery
within the Green/Duwamish Watershed.
STATUS: King County construction slated to begin in 2021. City construction will be a separate contract, to start in 2022.
MAINT. IMPACT: Passive park will require additional maintenance.
COMMENT:
Grant funding for County project is from the KC fee in -lieu mitigation program and KCD. City CIP has 50% RCO
ALEA funding.
FINANCIAL Through Estimated
(in $000's)
2019 2020 2021
2022
2023
2024
2025
2026
BEYOND TOTAL
EXPENSES
•� Project Location
s• N
;'‘W . ______ allt_k
2
_
_
�;
ra.
Design
21
44
44
41-,tvor..i
I
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,_<II
'
\\\ s? N,
Hwy\'�
A\
0
"'111,
109
Land (R/W)
52
10
62
Monitoring
15
15
15
45
Const. Mgmt.
79
79
Construction
1
263
264
TOTAL EXPENSES
74
69
59
357
0
0
0
0
0
559
FUND SOURCES
Awarded Grant RCO
20
20
117
157
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
74
49
39
240
0
0
0
0
0
402
TOTAL SOURCES
74
69
59
357
0
0
0
0
0
559
2021 - 2026 Capital Improvement Program
91
46
•� Project Location
s• N
;'‘W . ______ allt_k
2
_
_
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ra.
rz4v
ILw,,,J,
,, 1 i. 4
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ild, Q1li
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2021 - 2026 Capital Improvement Program
91
46
oo•
V' G. �,
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e�' �P�, `".
Selection Committee Combined Scoring 42:. '2%e
Chinook Wind Public Access (loopointsmax) P
Relevant Project Experience of Key Personnel (0-30) 28
22
NA
Project Understanding (0-25) 24.5
20
NA
Project Approach (0-20) 19
17
NA
Abitlity to Keep Projects on Schedule/ Budget (0-15)
12.5
13.5
NA
Personnel Availability/Schedule (0-10 points)
9
9
NA
TOTALS
(Highest Total Score is best)
93
81.5
NA
Firm Rank
(1 - 3, Lowest = Best)
1
2
NA
W:\PW Eng\PROJECTS\A- DR Projects\Chinook Wind (91441202)\01 Preliminary Engineering\Consultant selection\Proposals\Proposal
Scores_20210713
47
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and J.A. Brennan Associates, PLLC, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform design services in
connection with the project titled Chinook Wind.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending June 30, 2022, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant
shall perform all services and provide all work product required pursuant to this Agreement
no later than June 30, 2022, unless an extension of such time is granted in writing by the
City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $63,373.10 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
48
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant 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 Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop-gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
49
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for
the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Contractor, irrespective of whether such limits maintained by the
Contractor are greater than those required by this Contract or whether any certificate of
insurance furnished to the Public Entity evidences limits of liability lower than those
maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
50
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Jim Brennan
J.A. Brennan Associates, PLLC
2701 1st Ave Suite 510
Seattle, WA 98121
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
51
DATED this day of , 2021.
CITY OF TUKWILA CONSULTANT
By:
Allan Ekberg, Mayor
Printed Name:
Title:
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
52
September 03, 2021
Exhibit A
Scope of Work
Chinook Wind Public Access Project
Prepared For:
Mike Perfetti
Habitat Project Manager
The City of Tukwila Public Works Department
Project Description
j.a.
brennan
associates PLLC
Landscape Architects & Planners
2701 First Avenue Suite 510, Seattle, WA 98121
t. 206.583-0620 f. 206.583.0623
www. jabrennan. com
J.A. Brennan Associates will provide Landscape Architectural services to support in the trail design and
implementation at the Chinook Wind project site.
Davido Consulting Group (DCG), as subconsultant to J.A. Brennan and Associates, will provide
permitting and construction documents, civil engineering services including stormwater engineering per
King County Surface Water Design Manual (2021) and a drainage, utility, and paving ROW plans
associated with the parking area and trail design.
The Chinook Wind Public Access Project will provide public pedestrian trail access through King
County's Chinook Wind 5 '/2 acre off -channel mitigation project. The project site is on the right
bank of the Duwamish River at about river mile 6, just downstream from the City's Duwamish
Gardens habitat restoration and park site and is accessed via Tukwila International Boulevard. The
project goal is to integrate inviting shoreline public access through the Chinook Wind site. The
trail will be located within a public trail easement granted to the city that runs along the north and
east perimeter of the site.
The mitigation/habitat restoration is being undertaken by King County's Mitigation Reserves Program
and is not included as part of this project. Mitigation project construction is planned to begin in the fall of
2021. The Public Access project will develop a trail system that will eventually connect with the
Duwamish Gardens trail just upstream, making a substantial and unique urban shoreline access
experience. The property will be transferred to the City of Tukwila following the County's
mitigation project and subsequent multi-year maintenance period.
Project design elements include a small parking area within the Tukwila International Boulevard
Street right-of-way, drainage, a trail head, kiosk, signage, the pedestrian trail, site furnishings,
fencing, viewpoints, planting coordination and irrigation.
For the purposes of understanding the scale of this project, the anticipated construction cost is thought to
be around ±$200,000.
City of Tukwila Chinook Wind Public Access Project Scope of Work 1
53
Task A — Administration/Coordination
Administration tasks include meeting coordination, scheduling, contract administration and subconsultant
administration costs and expenses.
Task B — Site Investigation & Technical Analysis
Provide base mapping, review relevant data, and identify if additional survey is needed. The city will
provide: AutoCAD survey, King County's mitigation bid plans, cultural resources report, geotechnical
report, and the trail easement. The construction of King County's project will begin in the fall of 2021.
DCG has budgeted time for 1 site visit and code review.
Deliverables:
• Site base map based on provided survey from the client
Task C — Public and Team Coordination
This task will include time for city staff meetings, design team meetings, and stakeholder meetings.
Public outreach will be led by the city. JAB has included time to participate in one stakeholder or public
meeting. Production of a brief PowerPoint slide show to support city staff is included.
DCG has budgeted time for five team meetings including a Client/Team Kick Off meeting, a
Public/Stakeholder meeting (attendance only) and 3 progress meetings.
Deliverables:
• As identified in the fee matrix
Task D — Schematic Design
Two quick alternative plan studies of parking, trail alignment, potential non-structural on grade overlooks
or viewpoints and upland planting will be prepared for review by staff, stakeholders, and the public. A
brief tech memo will be prepared summarizing each alternative.
Alternative designs will utilize site analysis investigations and information to finesse the preferred
alternative to add recreational and interpretive elements and accommodate maintenance and security
needs at the Chinook Wind site.
The draft and final schematic plan will reflect the preferred design as ascertained during the alternatives
design process. The schematic design will include a preliminary layout of the trail alignment within the
20' easement and planting areas. Consideration for overlooks/viewpoints and interpretive signage
locations will be included in the schematic plan. The plan will be accompanied by other hand -drawn
graphics as described under the deliverables section below, and a brief written tech memo that describes
the preferred trail alignment.
DCG will correspond briefly with JAB while they review existing policy and documents, identify design
goals and list potential program elements.
DCG will comment on JAB's written description of alternatives, two diagrammatic alternative concept
plans, two site sections, preferred concept plan graphic as well two landscape architecture sections and a
Concept Plan memo.
City of Tukwila Chinook Wind Public Access Project Scope of Work 2
54
DCG will prepare up to two section and/or detail sheets to help illustrate the JAB design and take the lead
role producing cost estimates for the parking area.
Deliverables:
• As identified in the fee matrix
Task E - Permit Support
This task includes providing necessary permit documentation and a limited amount of coordination and
correspondence to support the client applying for one local (City) permit. J.A. Brennan will provide
limited permit agency coordination support and will provide a limited amount of design changes and
responses to permit review comments. Revisions to the permit application or re -design because of the
permit review is not included in this contract. In -water permits are not anticipated including the HPA or
Corps permit.
Some meeting time and coordination is shared between several permit activities for efficiency. It is
assumed that this efficiency can be maintained for meetings and coordination with multiple agencies.
DCG has budgeted 4 hours for phone calls and coordination.
Deliverables:
• As identified in the fee matrix
Task F- Construction Documents (60%, 90% and 100% PSE)
Construction documents will be submitted twice for client review prior to issuing final construction
documents. Submittals will be provided at 60%, 90% and 100% design completion. They will include
plans, specifications and estimate of probable construction costs and unit bid item list. Specifications will
be provided in City of Tukwila Special Provisions format to WSDOT standard specifications.
J.A. Brennan Associates:
J.A. Brennan will provide layout, grading, planting, irrigation, and associated details.
DCG has budgeted time to provide Site, Grading, Hardscaping, and Utility Plans, as well as the final
Drainage for the parking area.
Report Final TIR and SWPPP and cost estimates will include the trial and parking area.
Deliverables:
• As identified in the fee matrix
Task G - Bid Support
JAB will support in responding to contractor's questions during the bid period, attend a pre-bid meeting,
and support with the preparation of up to 2 addenda if required.
Deliverables:
• As identified in the fee matrix
City of Tukwila Chinook Wind Public Access Project Scope of Work 3
55
Assumptions
General Assumptions:
1. The Client will provide CAD survey of the project site.
2. J.A. Brennan does not provide contaminated soils remediation services.
3. The client will provide coordinated, consolidated review comments at each submittal.
4. JAB will use city provided title block, and sheet format.
5. JAB will use in house Cad standards.
6. City will lead all permit applications for the project. In water permits are not anticipated.
7. To support in the efficiency of the project design, the easterly trail connection between the
Duwamish Garden site and the Chinook Wind site, will be based on the design developed in the
contract documents prepared for the Duwamish Garden project with limited hours (up to 4 hours)
to refine the trail interface at the Chinook Wind connection.
8. Construction Stormwater General Permit (CSWGP) application is not included. It is assumed
that the Contractor will provide the CSWGP.
9. Refer to Exhibit B Fee Matrix for specific products and scope items.
10. Construction support is not included in this scope of work.
11. Historic properties research is not included; it is assumed there are not designated historical sites
or buildings within the project area.
12. Shoreline Permit application not included; Critical Area analysis and permit not included.
DCG Assumptions:
1. Topographic base mapping will be completed by others and provided to DCG in electronic
AutoCAD format including point files.
2. Any additional required survey information will be completed by others under separate scope.
3. On-site stormwater facilities must be located within the City's easement boundary. Either on-site
infiltration, sheet flow to the wetland, or a direct connection to an existing city main within 100'
of the site will be a viable method of stormwater conveyance, flow control, and discharge.
4. There will be greater than 5,000 Square feet, but less than 10,000 Square feet of new pollution
generating impervious surface, requiring water quality facilities, but not flow control.
City of Tukwila Chinook Wind Public Access Project Scope of Work 4
56
5. Electrical systems/connections will be designed build and necessary permits obtained by others.
This scope does not include electrical engineering. Electrical engineering, if required, will be
provided by others.
6. Geotechnical Engineering services (i.e., infiltration facility testing and recommendations) will be
completed by others and the information provided to DCG.
7. All permit applications, coordination and fees will be handled and paid for by others.
City of Tukwila Chinook Wind Public Access Project Scope of Work 5
57
EXHIBIT B - Fee Matrix
Client: City of Tukwila Public Works
Project: Chinook Wind Public Access Project - Contract Documents
J.A. BRENNAN ASSOCIATES, PLLC
September 3, 2021
TASK
ITEM
Rate
DESCRIPTION
19
P M
5195.00
DC
LA
5150.00
1W
Designer
$98.00
SY
Admin
$110.00
Total
180
Hours
Total
Labor
Total
Expenses
Total
1.A. Brennan
Labor/Exp
Total
1.A. Brennan
w/Markup
Total
DCG -Civil
Civil
Total
Subconsultant
Markup
Grand
Total
A
Administration/Coordination
1
1
2
260.00
20.00
280.00
280.00
280.00
1
Job set-up
1
1
1
2
Progress reports
1
2
4
565.00
20.00
585.00
585.00
585.00
3
Prepare invoices
1
2
4
565.00
20.00
585.00
585.00
585.00
4
Scheduling
2
3
495.00
20.00
515.00
515.00
515.00
e
Total
Site Investigation and Technical Analysis
3
5
0
5
13:
1,885
80
1,965
1,965
0
0
0
1,965.00
1
2
3
346.00
20.00
366.00
366.00
0.00
0.00
366.00
1
Base map preparation
2
Background data review, reports, plans
1
1
2
248.00
20.00
268.00
268.00
0.00
0.00
268.00
3
Up to (1) site visit- Part of Kick-off meeting
2
2
4
496.00
60.00
556.00
556.00
0.00
0.00
556.00
4
Code review
1
1
2
248.00
20.00
268.00
268.00
0.00
0.00
268.00
5Tkiat
0
5
6
0
11
1,338.00
120.00
1,458.00
1,458.00
0.00
0.00
0.00
1,458.00
C
1
Public and Team Coordination
Team meetings (3 lhr meetings)
1
3
3
7
939.00
20.00
959.00
1,039.00
800.00
800.00
80.00
1,839.00
2
Client/ Team Kick off meeting/ Site Visit
1
2
2
5
691.00
20.00
711.00
771.00
600.00
600.00
60.00
1,371.00
3
Public/ Stakeholder Meeting include time for preparation (1 only)
1
3
3
7
939.00
20.00
959.00
959.00
0.00
0.00
959.00
4
Up to3 client/ staff meetings(1AB only) - 1.5 hour -conference call
2
4
2
8
1,186.00
20.00
1,206.00
1,206.00
0.00
0.00
1,206.00
5
Progress Meetings (up to 3 conference calls with client 1 hr check in)
1
3
2
6
841.00
20.00
861.00
861.00
0.00
0.00
861.00
6
Prepare meeting graphics/ Boards/ Powerpoint for Public / Stakeholder mtg
1
3
4
8
1,037.00
20.00
1,057.00
0,057.00
0.00
0.00
0,057.00
Total
7
18
16
0
41
5,633.00
120.00
5,753.00
5,893.00
1,400.00
1,400.00
140.00
7,293.00
D
1
Schematic Design
Prepare brief Written description of alternatives- (tech memo 2 pages)
1
1
2
4
541.00
20.00
561.00
561.00
0.00
0.00
561.00
2
Prepare two diagrammatic alternative concept plans (30 or 40 scale)
1
2
4
7
887.00
20.00
907.00
987.00
800.00
800.00
80.00
1,787.00
3
Site Sections- S per Alternative (2 To al)
1
4
5
542.00
20.00
562.00
562.00
0.00
0.00
562.00
4
Prepare draft and Final Preferred Schematic plan graphic (30 or 40 scale)
1
3
8
12
1,429.00
20.00
1,449.00
1,449.00
0.00
0.00
1,449.00
5
Prepare up to 2 landscape arch. sections (update 1, 1 new only)
1
4
5
542.00
60.00
602.00
602.00
0.00
0.00
602.00
6
Cost estimate (schematic plan only )
4
6
10
1,188.00
20.00
1,208.00
1,208.00
0.00
0.00
1,208.00
7
Prepare draft Concept plan memo - brief bullet speaking points summary
1
2
3
6
789.00
20.00
809.00
809.00
0.00
0.00
809.00
Total
4
' 14
32
0
49
5,918.00
180.00
6,098.00
6,178.00
800.00
800.00
80.00
6,978.00
E
Permit Support
1
SEPA Checklist support -draft & final (City lead)
1
2
4
7
887.00
20.00
907.00
907.00
0.00
0.00
0.00
0.00
0.00
_
907.00
2
SupportCity permit applications (City lead)
1
3
5
9
1,135.00
20.00
1,155.00
1,155.00
0.00
1,155.00
3
Comment Response to City review
3
4
7
842.00
20.00
862.00
862.00
0.00
862.00
4
Client/Agency Coordination
3
3
6
744.00
20.00
764.00
764.00
0.00
764.00
F
1
Total
2
11
1
16
2
0
29
3
3,608.00
346.00
80.00
20.00
3,688.00
366.00
3,688.00
366.00
0.00
0.00
0.00
0.00
0.00
3,688.00
366.00
Construction Documents 60%, 90%, 100% Plans Specs and Estimate
Cover Sheet (all sheets 22x34)
2
Existing Conditions Plan (I sht 30 scale)
1
2
3
346.00
20.00
366.00
366.00
0.00
0.00
366.00
3
TESC Site Plan and Demolition and Vegetation protection plan (1 sht 30 scale)
2
9
11
1,182.00
20.00
1,202.00
1,202.00
0.00
0.00
1,202.00
4
Details: BMP/TESL civil lead (1 sht)
1
1
2
248.00
20.00
268.00
468.00
2,000.00
2,000.00
200.00
2,468.00
5
Site Layout and grading Plan (up to 3 sheets 20 scale trail easement area)
1
8
14
23
2,767.00
20.00
2,787.00
2,787.00
0.00
0.00
2,787.00
6
Drainage, Utility, Paving ROW Plan ( Civil Lead - 1 sht 30 scale)
1
1
2
248.00
20.00
268.00
568.00
3,000.00
3,000.00
300.00
3,568.00
7
Irrigation Plan Sheets (up to 3 sheets 20 scale trail easement area)
2
16
18
1,868.00
20.00
1,888.00
1,888.00
0.00
0.00
1,888.00
8
Planting Plan Sheets (up to 3 sheets 20 scale trail easement area)
1
4
18
23
2,559.00
20.00
2,579.00
2,579.00
0.00
0.00
2,579.00
9
Plant list (1 sht)
4
8
12
1,384.00
20.00
1,404.00
1,404.00
0.00
0.00
1,404.00
10
Details: Trail and Sections (up to 1 shtc)
4
10
14
1,580.00
20.00
1,600.00
1,600.00
0.00
0.00
1,600.00
11
Details: Paving at parking area (DCG lead)
1
2
3
495.00
20.00
515.00
615.00
1,000.00
1,000.00
100.00
1,615.00
12
Details: Drainage/ utilities (2 shts-doll)
2
1
3
398.00
20.00
418.00
539.10
1,211.00
1,211.00
121.10
1,750.10
13
Details: Site Furniture (1 sht)
2
10
12
1,280.00
20.00
1,300,00
1,300.00
0.00
0.00
1,300.00
14
Details: Planting (1 sht)
1
4
8
13
1,579.00
20.00
1,599.00
1,599.00
0.00
0.00
1,599.00
15
Details: Irrigation Details/ Schedule (1 sht)
1
2
4
7
887.00
20.00
907.00
907.00
0.00
0.00
907.00
16
Grading cut and fill calculations
4
1
5
698.00
20.00
718.00
718.00
0.00
0.00
718.00
17
Drainage Report Final T1R and SWPPP
2
1
3
398.00
20.00
418.00
718.00
3,000.00
3,000.00
300.00
3,718.00
18
Cost Estimate/ Unit Bid Item list (landscape lump sum)
1
6
14
21
2,467.00
20.00
2,487.00
2,587.00
1,000.00
1,000.00
100.00
3,587.00
19
Technical Specifications (City of Tukwila WSDOT-format)
2
8
18
70
18
138
0
38
216
4,854.00
25584.00
20.00
380.00
4,874.00
25,964.00
4,974.00
27,185.10
1,000.00
12211.00
1,000.00
100.00
1,221.10
5,974.00
39,396.10
G
1
Total
Bid Support
Answer contractor's quest ions during bidding
.12 ,211.00
1
2
3
346.00
20.00
366.00
446.00
800.00
800.00
80.00
1,246.00
2
Pre-bid meeting
3
1
4
548.00
20.00
568.00
568.00
0.00
0.00
568.00
3
Up to 2 addenda
1
1
2
4
541.00
20.00
561.00
581.00
200.00
200.00
20.00
781.00
Total
1
5
5
0
11
1,435.00
60.00
1,495.00
1,595.00
1,000.00
1,000.00
100.00
2,595.00
Total
_
- 25
128
212
5
370
45,401.00
1,020.00
46,421.00
47,962.10
15,411.00
15,411.00
1,541.10
63,373.10
Chinook Wi. Fee -schedule Da D1-2Dzt_FINAI.Dbino, wi d, 0.012021
Fee Proposal
58