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HomeMy WebLinkAboutReg 2013-01-22 COMPLETE AGENDA PACKETap Tukwila City Council Agenda • REGULAR MEETING ❖ Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson David Cline, City Administrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Tuesday, January EXECUTIVE SESSION — 6:00 PM — 7:00 PM Potential Litigation — Pursuant to RCW 42.30.110(1)(i) (60 minutes) 22, 2013; 7:00 PM • Ord #2394 • Res #1786 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATION Best Business Recycler of the Year for 2012. Rebecca Fox, Senior Planner. 3. APPOINTMENTS a. Arts Commission Pg.1 • Confirm the re- appointment of Steve Mullet to Position #3, with a term expiring 12/31/16. • Confirm the re- appointment of Trisha Gilmore to Position #4, with a term expiring 12/31/16. • Confirm the re- appointment of Cynthia Chesak to Position #5, with a term expiring 12/31/16. b. Sister Cities Commission • Confirm the appointment of Dominic Baker to Position #5, with a term expiring 12/31/16. (Previously held Position #3.) • Confirm the appointment of Bonnie Mullet to Position #3, with a term expiring 12/31/14. (Previously held Position #6.) c. Library Advisory Board • Confirm the re- appointment of Sharon Kidd to Position #1, with a term expiring 12/31/14. • Confirm the re- appointment of Steve Miller to Position #2, with a term expiring 12/31/14. d. Equity & Diversity Commission • Confirm the appointment of Nate Robinson to Position #7, with a term expiring 7/31/13. • Confirm the appointment of Charlie Penor to Position #9, with a term expiring 7/31/14. (Previously held Position #7.) 4. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 1/7/13 (Regular Mtg.) b. Approval of Vouchers. (continued.) p REGULAR MEETING Tuesday, January 22, 2013 Page 2 5. CONSENT c. Human Services Contracts. [Reviewed and forwarded to Consent by Pg.7 AGENDA Community Affairs & Parks Committee on 1/14/13.] (cont) (1) Authorize the Mayor to sign a contract with Renton Area Youth Services for substance abuse /mental health support, in the amount of $31,330.00 per year for 2013 -2014. (2) Authorize the Mayor to sign a contract with Renton Area Youth Services for school -based counseling, in the amount of $55,092.00 per year for 2013 -2014. (3) Authorize the Mayor to sign a contract with Refugee Women's Alliance for family support and case management, in the amount of $21,200.00 per year for 2013 -2014. (4) Authorize the Mayor to sign a contract with Multi- Service Center for emergency assistance program, in the amount of $45,000.00 per year for 2013 -2014. (5) Authorize the Mayor to sign a contract with Institute for Family Development —PACT for support services, in the amount of $21,600.00 per year for 2013 -2014. (6) Authorize the Mayor to sign a contract with Tukwila Pantry Food Bank, in the amount of $24,370.00 per year for 2013 -2014. (7) Authorize the Mayor to sign a contract with Community Schools Collaboration After School Program, in the amount of $100,000.00 per year for 2013 -2014. d. Authorize the Mayor to sign an agreement for grant award with King Pg.55 Conservation District Number 9 for the Duwamish Hill Preserve Project, in the amount of $50,000.00. (No additional matching funds required.) [Reviewed and forwarded to Consent by Community Affairs & Parks Committee on 1/14/13.] e. Authorize the Mayor to sign a contract with KPG, Inc. for the design of overlay and repair of East Marginal Way, in the amount of $124,978.05. Pg.89 [Reviewed and forwarded to Consent by Transportation Committee on 1/15/13.] f. Authorize the Mayor to sign a contract with KPG, Inc. for the design of Pg.143 Interurban Avenue South (South 143rd Street to Fort Dent Way), in the amount of $348,869.87. [Reviewed and forwarded to Consent by Transportation Committee on 1/15/13.] g. Authorize the Mayor to sign acceptance documents for a grant from the Pg.201 Puget Sound Regional Council in the amount of $2,145,954.00, and a Washington State Transportation Improvement Board grant in the amount of $5,000,000.00 for street improvements on Interurban Avenue South (South 143rd Street to Fort Dent Way). [Reviewed and forwarded to Consent by Transportation Committee on 1/15/13.] (continued..) p REGULAR MEETING Tuesday, January 22, 2013 Page 3 5. CONSENT AGENDA (cone) h. Authorize the Mayor to sign an interlocal contract for cooperative purchasing with the Houston - Galveston Area Council for vehicle and equipment purchases. [Reviewed and forwarded to Consent by Transportation Committee on 1/15/13.] Pg.225 6. UNFINISHED BUSINESS a. A resolution adopting a legislative agenda for use during the 2013 Washington State legislative session. b. A motion approving the Council Analyst position description. Pg.245 Pg.251 7. NEW BUSINESS An ordinance relating to contracting indebtedness; providing for the issuance, sale and delivery of $1,000,000 principal amount limited tax general obligation bond to provide funds necessary to undertake certain improvements to the pool and related facilities owned by the Tukwila Metropolitan Park District, and to pay the costs of issuance and sale of the bond; repealing Ordinance No. 2393. Pg.259 8. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report, to include 2012 Work Plan status report for 4th Quarter d. City Attorney e. Intergovernmental Pg.279 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 01/22/13 CT Mayor's review Jil4 c Council review f9+t, ITEM INFORMATION ITEM No. 3 (A -D) STAFF SPONSOR: MAYOR HAGGERTON ORIGINAL AGENDA DATE: 01 /22/13 AGENDA ITEM TITLE Appointments to Boards and Commissions CATEGORY ❑ Discussion Mtg Date Motion Date 01/22/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date /1 Mtg SPONSOR ❑ Council ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW /1 Mayor SPONSOR'S Reappointment of Steve Mullet, Trisha Gilmore & Cynthia Chesak to the Arts Commission. SUMMARY Appointment of Dominic Baker and Bonnie Mullet to the Sister Cities Commission. Reappointment of Sharon Kidd and Steve Miller to the Library Advisory Board. Appointment of Nate Robinson and Charlie Penor to the Equity and Diversity Commission. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMI "I'1EE CHAIR: N/A RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Confirm Reappointments /Appointments N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/22/13 MTG. DATE ATTACHMENTS 01/22/13 Informational Memorandum dated 01/02/2013 Application for Appointment: Nate Robinson 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL EMORANDUM TO: CITY COUNCIL FROM: Mayor Haggerton DATE: January 2, 2013 SUBJECT: REAPPOINTMENTS AND NEW APPOINTMENTS TO ARTS COMMISSION, SISTER CITIES COMMISSION, LIBRARY ADVISORY BOARD, EQUITY AND DIVERSITY COMMISSION ISSUE There are several individuals on our Boards and Commissions whose terms expired recently. In many cases, I am recommending reappointment of existing Board and Commission members. I am also recommending appointment of one new Equity and Diversity Commissioner.: Arts Commission Position #3: The term of Steve Mullet expired December 31, 2012 and lam recommending that he be reappointed. His new term will expire December 31, 2016. Position #4: The term of Trisha Gilmore expired December 31, 2012 and I am recommending that she be reappointed. Her new term will expire December 31, 2016. Position #5: The term of Cynthia Chesak expired December 31, 2012 and I am recommending that she be reappointed. Her new term will expire December 31, 2016. Sister Cities Commission Position #3: This position is currently held by Dominic Baker. As Dominic no longer resides in Tukwila I am recommending she fill position #5 (At Large). Her new term will expire December 31, 2016. Position #6: This position is currently held by Bonnet Mullet. As Bonnie no longer represents the Tukwila School District, I am recommending that she fill position #3 (Citizen) formerly held by Dominic Baker. Bonnie's position will expire December 31, 2014. Library Advisory Board Position #1: The term of Sharon Kidd expired December 31, 2012 and I am recommending that she be reappointed. Her new term will expire December 31, 2014. Position #2: The term of Steve Miller expired December 31, 2012 and I am recommending that he be reappointed. His new term will expire December 31, 2014. Equity and Diversity Commission Attached is an application from Nate Robinson who is currently the Teen Program Coordinator in our Parks and Recreation Department. I am recommending that Nate be appointed to Position #7 (City Representative). His term will expire on 7/31/2013. Position #7 is currently held by Charlie Penor and I am recommending that Charlie move to Position #9 (Community). His new term will expire 7/31/2014. If you have any questions regarding these applications or appointments, please let me know by noon on Friday, January 11, 2013. RECOMMENDATION Forward to the January 22, 2013 Regular Meeting. 4 City of Tukwila VOLUNTEER PROGRAM Tukwila Community Center 12424 42nd Avenue South Tukwila, WA 98168 Phone: (206) 768 -2822 Fax: (206) 768 -0524 RECEIVED Email: volunteer(a.ci.tukwila.wa.us Website: www.ci.tukwila.wa.us Application for Appointment BOARDS AND COMMISSIONS Please complete the ENTIRE application form. Applicants may attach a cover letter and /or a resume totaling no more than three pages. NAME: RQb11Z�Oh Last Nc kQ First DATE: la/ Ia/ la M.I. ADDRESS: a521 S. 3)--)t' S #. ti 203 FLA. (A) Street City 9 <iSoo3 Zip MAILING ADDRESS (if different): HOME PHONE: oZV -S t-41Z9 CELL /MOBILE PHONE: 0?0(n -3 -7 1 -gi 17 2 EMPLOYER: C..� y o 1 W� E -MAIL: k k- . Ro _ ' . + ulc Please check all that apply to you within the City of Tukwila limits: ❑ Resident ❑ Business Owner /Representative ❑ School District Representative ❑ High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: ❑ Arts ❑` Civil Service Equity & Diversity ❑ Parks ❑ Planning BOARDS & COMMITTEES: ❑ Community Police Advisory ❑ Human Services ❑ Library ❑ Sister Cities ❑ Lodging Tax ❑ Pool Advisory (TMPD) ❑ Other /Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes❑ No If "yes ", please list: AVAILABLE TO ATTEND MEETINGS: ❑ Daytime JZl Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): ❑ FOR CITY USE ONLY: INTERVIEW DATE: APPOINTED: ❑ Yes ❑ No TERM EXPIRES: 5 Professional /Community Activities (organizations, clubs, service groups, etc): e e r. Wo 5 1-a,r Sg etas\ s s Co 'r7 IVAN.141 Hobbies /Interests: ,ry, i 1/ -hrn 2 � SiPorl-r Qualifications as related to this position: Te C Other comments /additional information for consideration: rct .vr, k r ID i v e.>rS• t7 '1.5' 0 re- o W t.. p- S' - t n- �rk, r. V- +-o p i q C„1 F, Q n i``r Co P-� 21 wik._ -RAc w,l G_ C a »-1Y►� v n: �y . Z- Li.1G j, V �a A'o n'y Frl-- }a he.- G re o G 4 / -t \v °h . / ll (J Applicant's Sig'ture a/O21R- Date Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Volunteer Program Office at (206) 768 -2822. City of Tukwila Volunteer Program — Application for Appointment Boards & Commissions 6 Page 2 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 01/22/13 Council review by �Ma or's r view SH ��'G�/` c k4 M' Prepared ITEM INFORMATION ITEM No. 5.C. (1-7) 7 STAFF SPONSOR: STACY HANSEN ORIGINAL AGENDA DATE: 1/22/13 AGENDA ITEM TITLE Human Services Contracts over $40,000 CATEGORY ❑ Discussion Mtg Date Motion Date 1 -22 -13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date /1 Mtg SPONSOR ❑ Council ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW /1 Mayor SPONSOR'S Council needs to aprove contracts over $40,000. Six human services contracts require SUMMARY approval by Council. The contract awards were approved in the 2013 budget cycle and listed individually in the budget document. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 1/14/13 // CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Human Services (Mayor's Office) Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $597,136 $597,136 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/22/13 MTG. DATE ATTACHMENTS 1/22/13 Informational Memorandum dated 12 -31 -12 Professional Services Page from 2013 -2014 Final Budget, page 83 Human Services Contracts Minutes from the Community Affairs and Parks Committee Meeting of 1/14/13 7 8 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Stacy Hansen, Human Service Coordinator DATE: December 31, 2012 SUBJECT: Human Services Contracts over $40,000 ISSUE All contracts over $40,000 need Council authorization for Mayor's signature. The contracts that are currently ready for approval include Renton Area Youth Services School Based Counseling, Renton Area Youth and Family Services Substance Abuse, Refugee Women's Alliance, Multi - Service Center Financial Assistance, Institute for Family Development (PACT), Tukwila Pantry and Community Schools Collaboration. DISCUSSION These contracts are executed in conjunction with our biennial budget for a two -year period, and the funding has been approved as part of the larger Human Services budget for 2013 -2014. Please see Page 83 of the 2013 -2014 Final Biennial Budget. The name and the amount of the contracts are as follows: (Dollar amounts below are for one year.) Renton Area Youth Services — Substance Abuse /Mental Health - $31,330 for 2013 and 2014. Renton Area Youth Services — RAYS school Based Counseling - $55,092 for 2013 and 2014. Refugee Women's Alliance- Family Support & Case management - $21,200 for 2013 and 2014. Multi- Service Center — Emergency Assistance Program - $45,000 for 2013 and 2014 Institute for Family Development — PACT - $21,600 for 2013 and 2014 Tukwila Pantry — Food Bank - $24,370 for 2013 and 2014 Community Schools Collaboration — After School Program - $100,000 for 2013 and 2014 RECOMMENDATION We are asking that Council President consider these contracts on the January 22, 2013 Consent agenda. ATTACHMENTS - Professional Services Page from 2013 -2014 Final Budget, page 83 - Contracts for both Renton Area Youth Services programs, Refugee Women's Alliance, Multi - Service Center, Institute for Family Development, Tukwila Pantry and Community Schools Collaboration. 9 2013 -2014 Biennial Budget City of Tukwila, Washington Professional Services Professional services and contracts for Human Services include various contracts for the provision of health, safety and welfare programs, among others. Mai or's Office - Human Services Account Number Purpose 2013 2014 000.03.557.201.41.00 Information & Referral: Childcare Resources $ 5,000 $ 5,000 000.03.557.201.41.00 Information & Referral: Crisis Clinic 2 -1 -1 1,500 1,500 000.03.557.201.41.00 Information & Referral: Crisis Clinic 24 -hr crisis line 2,620 2,620 000.03.557.201.41.00 Information & Referral: Crisis Clinic Teen Link 1,500 1,500 000.03.557.201.41.00 Other: SKCHS - Capacity Building Project 5,000 5,000 :000.03.557.201.41.00 Positive & Health Family Relationships: Institute for Family Dev. /PACT 21,600 21,600 000.03.557.201.41.00 Positive & Health Family Relationships: KC Sexual Assault Resource Ctr 8,305 8,305 000.03.557.201.41.00 Positive & Health Family Relationships: RAYS School Based Youth Dev. 55,092 55,092 000.03.557.201.41.00 Positive & Health Family Relationships: YWCA Children's DV Services 4,326 4,326 000.03.557.201.41.00 Support for Self Sufficiency: King county Bar Foundation- Pro Bono Services 2,500 2,500 000.03.557.201.41.00 Support for Self Sufficiency: Lutheran Community Services- Supportive Svcs 5,000 5,000 000.03.557.201.41.00 Support for Self Sufficiency: Literacy Source - ESL 15,400 15,400 000.03.557.201.41.00 Support for Self Sufficiency: ReWA - Family Support & case management 21,200 21,200 000.03.557.201.41.00 Support for Self Sufficiency: Senior Services Meals on Wheels 7,079 7,079 000.03.557.201.41.00 Support for Self Sufficiency: Senior Services Volunteer Transportation 2,048 2,048 000.03.557.201.41.00 Support for Self Sufficiency: Somali Community Services Coalition 12,500 12,500 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Auburn Youth Resources 2,500 2,500 000.03.557.201.41.00 Safety Net Urgent Basic Needs: CCS Emergency Financial Assistance 17,000 17,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Multi Service Center Emergency Assistance 45,000 45,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Sound Mental Health - Safe and Sound 3,000 3,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: DAWN Community Advocacy Program 4,000 4,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: YWCA Domestic Violence Advocate 5,000 5,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: DAWN Continuum Housing Services 7,000 7,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Dynamic Family Svcs /Children's Therapy 6,750 6,750 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Health Point Dental Care 4,550 4,550 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Health Point Medical Care 5,000 5,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Hospitality House 5,000 5,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Multi Service Center Emer /Trans Housing 4,000 4,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Pregnancy Aid 2,000 2,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Sound Mental Health 13,000 13,000 ,000.03.557.201.41.00 Safety Net Urgent Basic Needs: Tukwila Pantry 24,370 24,370 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Emergency Feeding, Hunger Relief 2,000 2,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: Way Back Inn Transitional Housing 9,000 9,000 000.03.557.201.41.00 Safety Net Urgent Basic Needs: YWCA Emergency Housing Program 4,000 4,000 000.03.557.201.41.00 Community Schools Collaboration (formerly in Parks & Rec) 100,000 100,000 000.03.557.201.41.00 Positive and Health Family Relations -RAYS 31,330 31,330 000.03.557.201.41.00 Contingency Funding 18,300 18,300 000.03.557.201.43.00 Parking for various meetings - regional and subregional 500 500 000.03.557.201.49.00 Associations, registrations, professional development, translation, childcare 1,700 1,700 000.03.557.201.49.01 Human Services Commission mtgs, food, program registrations, materials 500 500 Total Professional Services $ 486,170 $ 486,170 Page 83 10 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Renton Area Youth and Family Services, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 1510, Renton, WA 98057. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $31,330.00 in 2013 and $31,330.00 in 2014. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 11 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 6 12 B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work 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 Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Page 3 of 6 13 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 CITY OF TUKWILA CONTRACTOR Mayor By: Printed Name and Title: Address: Attest /Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 6 14 EXHIBIT A 2013 -2014 Renton Area Youth and Family Services - Substance Abuse /Mental Health Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, substance abuse and mental health services to 30 high school students in the Tukwila school district. 1st Quarter • Serve 8 Tukwila residents • Provide 160 hours of youth treatment, case management, assessment, and groups • Submit outcomes and indicators • Include Tukwila specific narrative 2nd Quarter • Serve 8 Tukwila residents • Provide 160 hours of youth treatment, case management, assessment and groups • Include Tukwila specific narrative 3rd Quarter • Serve 6 Tukwila residents • Provide 90 hours of youth treatment, case management, assessment and groups. • Include Tukwila specific narrative 4th Quarter • Serve 8 Tukwila residents • Provide 130 hours of youth treatment, case management, assessment, and groups • Include Tukwila specific narrative • Submit demographics • Submit outcomes results Funds will be used to pay for personnel. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. CA Revised 2012 Page 5 of 6 15 EXHIBIT B OPERATING BUDGET FOR 2013 -2014 PLANNED QUARTERLY EXPENDITURES Month Expenditures 3 6 9 12 Total $31,330.00 Monthly request: January thru November $2,610.83 per month December request: $2,610.87 CA Revised 2012 Page 6 of 6 16 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Renton Area Youth and Family Services, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 1510, Renton, WA 98057. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $55,092.00 in 2013 and $55,092.00 in 2014. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 17 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 6 18 B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work 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 Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Page 3 of 6 19 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20. CITY OF TUKWILA CONTRACTOR Mayor By: Printed Name and Title: Address: Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 20 Page 4 of 6 EXHIBIT A 2013 -2014 Renton Area Youth and Family Services - Counseling Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, school -based mental health services in all Tukwila schools. Therapist will work with students and their family members to address a variety of emotional and behavioral issues. 1st Quarter • Serve 20 unduplicated Tukwila residents • Provide 250 hours of counseling /case management • Report number of group hours • Report number of Medicaid residents • Submit outcomes and indicators • Include Tukwila specific narrative 2nd Quarter • Serve 10 Tukwila residents • Provide 150 hours of counseling /case management • Report number of group hours • Report number of Medicaid residents • Include Tukwila specific narrative 3rd Quarter • Serve 5 Tukwila residents • Provide 100 hours of counseling /case management • Report number of group hours • Report number of Medicaid residents • Include Tukwila specific narrative 4th Quarter • Serve 10 Tukwila residents • Provide 125 hours of counseling /case management • Report number of group hours • Report number of Medicaid residents • Include Tukwila specific narrative • Submit demographics • Submit outcomes results The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. Funds will be used to pay for personnel. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. CA Revised 2012 Page 5 of 6 21 EXHIBIT B OPERATING BUDGET FOR 2013 -2014 PLANNED QUARTERLY EXPENDITURES Month Expenditures 3 6 9 12 Total To be billed at $4,5091.00 per month for an annual total of = $55,092.00 CA Revised 2012 Page 6 of 6 22 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Refugee Women's Alliance, hereinafter referred to as "the Contractor," whose principal office is located at 4008 Martin Luther King Jr. Way S., Seattle, WA 98108. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $21,200 for 2013 and $21,200 for 2014. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 23 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 6 24 B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work 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 Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Page 3 of 6 25 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor By: Printed Name and Title: Address: Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 6 26 EXHIBIT A 2013 -2014 ReWA - Case Management and Financial Assistance Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, case management support services and emergency financial assistance to prevent utility shut -off and eviction. 1st Quarter • Serve 10 Tukwila residents • Provide 75 hours of case management • Submit outcomes and indicators • Include Tukwila specific narrative 2nd Quarter • Serve 10 Tukwila residents • Provide 75 hours of case management • Include Tukwila specific narrative 3rd Quarter • Serve 10 Tukwila residents • Provide 74 hours of case management • Include Tukwila specific narrative 4th Quarter • Serve 10 Tukwila residents • Provide 74 hours of case management • Include Tukwila specific narrative • Submit demographics • Submit outcomes results The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. Funds will be used to pay for personnel /operating costs ($14,2000) and direct financial assistance ($7,000) to clients. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. CA Revised 2012 Page 5 of 6 27 EXHIBIT B OPERATING BUDGET FOR 2013 -2014 PLANNED QUARTERLY EXPENDITURES Month Expenditures 3 6 9 12 Total Administrative $3550.00 $3550.00 $3550.00 $3550.00 $14,200.00 Direct Assistance billed as used for direct financial assistance to Tukwila residents Total annual contract amount not to exceed Administrative costs = $14,200.00 to be billed at $3550.00 per quarter Direct Assistance costs = $7,000.00 to be billed as used not to exceed $7,000.00 in a calendar year. $7,000.00 $21,200.00 CA Revised 2012 Page 6 of 6 28 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Multi- Service Center, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 23699, Federal Way, WA 98093. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $45,000 in 2013 and $45,000 in 2014. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 29 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 6 30 B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work 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 Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Page 3 of 6 31 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor By: Printed Name and Title: Address: Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 6 32 EXHIBIT A 2013 -2014 Multi- Service Center - Emergency Financial Assistance Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, direct financial (paid to provider) assistance for eviction prevention, utilities, water, sewer bills to help Tukwila residents maintain their housing. 1st Quarter Serve 14 Tukwila households • Provide 14 vouchers • Submit outcomes and indicators • Include Tukwila specific narrative 2nd Quarter • Serve 14 Tukwila households • Provide 14 vouchers • Include Tukwila specific narrative 3rd Quarter • Serve 14 Tukwila households • Provide 14 vouchers • Include Tukwila specific narrative 4th Quarter • Serve 13 Tukwila households • Provide 13 vouchers • Include Tukwila specific narrative • Submit demographics • Submit outcomes results Funds will be used to pay for direct financial assistance (66% = $29,700) and (34% = $15,300) administrative costs. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. CA Revised 2012 Page 5 of 6 33 EXHIBIT B OPERATING BUDGET FOR 2013 -2014 PLANNED MONTHLY EXPENDITURES Monthly 3 6 9 12 Total Expenditures Funds will be used to pay for: Direct financial assistance: (66% = $29,700) Administrative costs: (34% = $15,300) CA Revised 2012 Page 6 of 6 34 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and the Institute for Family Development, hereinafter referred to as "the Contractor," whose principal office is located at 34004 16 Ave. S., Suite 200, Federal Way, WA 98003. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $21,600.00 for 2013 and $21,600.00 for 2014 at a rate of $5,400.00 per quarter. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 35 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 6 36 B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work 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 Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Page 3 of 6 37 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 CITY OF TUKWILA CONTRACTOR Mayor By: Printed Name and Title: Address: Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 6 38 EXHIBIT A 2013 -2014 Institute for Family Development - PACT (Parents & Children Together) Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, an in -home counseling, skill building and support to high -risk, low- income families not engaged in Children's Protective Services. 1st Quarter • Serve 3 unduplicated Tukwila households • Provide 135 hours of counseling • Report number of unduplicated individuals served • Submit outcomes and indicators • Include Tukwila specific narrative 2nd Quarter • Serve 2 unduplicated Tukwila households • Provide 90 hours of service • Report number of unduplicated individuals served • Include Tukwila specific narrative 3rd Quarter • Serve 1 unduplicated Tukwila household • Provide 45 hours of service • Report number of unduplicated individuals served • Include Tukwila specific narrative 4th Quarter • Serve 2 unduplicated Tukwila households • Provide 90 hours of service • Report number of unduplicated individuals served • Include Tukwila specific narrative • Submit demographics • Submit outcomes results The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. Funds will be used to pay for operating costs. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. CA Revised 2012 Page 5 of 6 39 EXHIBIT B OPERATING BUDGET FOR 2013 -2014 PLANNED QUARTERLY EXPENDITURES Quarterly Expenditures 3 6 9 12 Total To be billed $5,400.00 per quarter not to exceed $21,600.00 annually. CA Revised 2012 Page 6 of 6 40 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and the Tukwila Pantry, hereinafter referred to as "the Contractor," whose principal office is located at 3118 S. 140th St., Tukwila, WA 98168. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $24,370 for 2013 and $24,370 for 2014 at a rate of $6,092.50 per quarter. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 41 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 6 42 B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work 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 Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Page 3 of 6 43 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 CITY OF TUKWILA CONTRACTOR Mayor By: Printed Name and Title: Address: Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 6 44 EXHIBIT A 2013 -2014 Tukwila Pantry — Food Bank Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, basic food items to prevent nutritional /food insecurity. 1st Quarter • Report number of unduplicated residents served • Return assessment tool to be completed by staff and board • Report number of food bags distributed • Report pounds of food distributed • Submit Tukwila specific narrative • Submit outcomes and indicators 2nd Quarter • Report number of unduplicated residents served • Report number of food bags distributed • Report pounds of food distributed • Submit Tukwila specific narrative 3rd Quarter • Report number of unduplicated residents served • Report number of food bags distributed • Report pounds of food distributed • Submit Tukwila specific narrative 4th Quarter • Report number of unduplicated residents served • Report number of food bags distributed • Report pounds of food distributed • Submit Tukwila specific narrative • Submit outcomes The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. Funds will be used to pay for operating costs. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. CA Revised 2012 Page 5 of 6 45 EXHIBIT B OPERATING BUDGET FOR 2013 -2014 PLANNED QUARTERLY EXPENDITURES Quarterly Expenditures 3 6 9 12 Total To be billed at $6,092.50 per quarter, not to exceed $24,370 annually. CA Revised 2012 Page 6 of 6 46 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Community Schools Collaboration, hereinafter referred to as "the Contractor," whose principal office is located at 137 SW 154th Street, Burien WA 98148. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $100,000 for 2013 and $100,000 for 2014 at a rate of $8333.33 monthly. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 4 47 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 4 48 B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work 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 Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Page 3 of 4 49 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor By: Printed Name and Title: Address: Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 4 50 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 EXHIBIT B OPERATING BUDGET FOR 2013 -2014 PLANNED QUARTERLY EXPENDITURES Agency will report and bill on a monthly basis Month 3 6 9 12 Total Expenditures Expenditures To be billed at $8333.33 per month for an annual total of = $100,000 CA Revised 2012 Page 1 of l 51 52 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes January 14, 2013 — 5:00 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De' Sean Quinn and Kate Kruller Staff: Rick Still, Evie Boykan, Stacy Hansen and Kimberly Matej CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:15 p.m. I. PRESENTATIONS - No presentations. II. BUSINESS AGENDA A. Grant Acceptance: Duwamish Hill Preserve Staff is seeking Council approval to accept a grant from King C $50,000 for further development of the Duwamish Hill Prese This grant was originally awarded for the acquisition of funding for KCD programs was delayed, and not .warde response, City staff requested that KCD allow th Preserve. King Conservation District agreed to all matching funds required of this grant. Committee Member Quinn suggested for supporting the distribution of Ki APPROVAL. FORWARD on District (KCD) in the amount of land j t west of the Preserve; however, me to be used for the land acquisition. In utilized for further development of the nding for development. There are no City B. 2013 -2014 Human Service Staff is seeking Council appro al Y yen (7) two -year human services contracts for a variety of social services as outlined below. Fundi . "or these types contracts was approved by the City Council through the 2013 -2014 Biennial Budget as part of the Human Services budget. Contracts for human services programs last for a duration of two years and are subject to regular review as identified in each specific contract set forth between that respective agency and the City. The seven (7) contracts listed below are coming forward to Council for approval since each contract will total more than $40,000 over the two -year duration and some of these contracts may be considered interlocal agreements, both of which require Council approval. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 REGULAR MEETING CONSENT AGENDA. be sent to King County Councilmember Patterson on Funds throughout King County. UNANIMOUS REGULAR MEETING CONSENT AGENDA. • Renton Area Youth Services — Substance Abuse /Mental Health Two -Year Contract Total: $62,660 • Renton Area Youth Services — RAYS School Based Counseling Two -Year Contract Total: $110,184 • Refugee Women's Alliance — Family Support and Case Management Two -Year Contract Total: $42,400 • Multi- Service Center — Emergency Assistance Program Two -Year Contract Total: $90,000 • Institute for Family Development — Parents and Children Together Program (PACT) Two -Year Contract Total: $43,200 • Tukwila Pantry — Food Bank Two -Year Contract Total: $48,740 • Community Schools Collaboration — After School Program Two -Year Contract Total: $200,000 53 54 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mauor's review 01/22/13 RS Council review ITEM INFORMATION ITEM No. 5.D. 55 STAFF SPONSOR: RICK STILL ORIGINAL AGENDA DATE: 01/22/13 AGENDA ITEM TITLE King Conservation District Grant Acceptance CATEGORY ❑ Discussion Mtg Date Motion Date 1/22/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BidAvard Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date // Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ■ P &R ❑ Police ❑ PW SPONSOR'S The City has been awarded $50,000 from the King Conservation District for development SUMMARY of the Duwamish Hill Preserve. Parks and Recreation seeks authorization for the Mayor to sign the "Agreement for Award of King Conservation District Member Jurisdiction Grant. "A funding match is not required to receive the funding. Full Council approval is required to accept the grant for this project, per the City's Capital Improvement Program. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 1/14/13 /1 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ALLAN EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Parks and Recreation Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: This grant does not require matching funds MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 01/22/13 Informational Memorandum dated 01/09/13 Grant Application Agreement for Award of King Conservation District Member Jurisdiction Grant Award Letter CIP Page #48 Minutes from the Community Affairs and Parks Committee meeting of 01/14/13 55 56 City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Rick Still, Parks and Recreation Director BY: Stephanie Gardner, Parks and Recreation Analyst DATE: January 8, 2013 SUBJECT: Duwamish Hill Preserve: King Conservation District Grant Award ISSUE Duwamish Hill Preserve: King Conservation District Grant Award. BACKGROUND As identified in the Capital Improvement Program (CIP) in 2012 on page 46 and in the 2013 CIP on page 48, the Duwamish Hill Preserve (DHP) is the highest priority capital project for the Parks and Recreation Department. In February of 2012 staff presented information regarding a grant application to the King Conservation District (KCD) in the amount of $50,000. The grant was awarded for acquisition of the 'West Parcel' located adjacent to Duwamish Hill Preserve. Due to legal issues the KCD was experiencing, funding for grant programs was delayed. The City moved forward with the purchase of the "West Parcel" property without funds from this grant. Once the legal issues were resolved, staff requested the funds for acquisition be utilized for development. The District agreed; therefore, the original grant for acquisition can now be utilized for development. DISCUSSION The original grant from King Conservation District was for $50,000 and for use towards the acquisition of the "West Parcel" at Duwamish Hill Preserve. As the parcel was purchased without KCD grant funding, staff requested the funds be allocated towards development and KCD agreed. Full Council approval is required to accept the grant for this project, per the City's Capital Improvement Program. RECOMMENDATION It is recommended that the City Council authorize the Mayor to sign the Agreement for Award of King Conservation District Member Jurisdiction Grant and accept the $50,000 for further development of the Duwamish Hill Preserve and forward this item to the January 22, 2013 Consent Agenda. ATTACHMENTS -Grant Application - Agreement for Award of King Conservation District Member Jurisdiction Grant -Award Letter -CIP, page #48 57 58 King Conse ion Di rict Member Jurisdiction on & WRIA Forum Grant Program Grant Application Project Title: Duwamish Hill Preserve Acqusition of West Parcel Applicant: City of Tukwila Contact: Rick Still Principal Partners (if any): Forterra (formerly Cascade Land Conservancy) Title: Director, Parks & Recreation Dept. Address: 12424 - 42nd Ave S Tukwila, ' VVashington98168 Total Project Cost: WRIA Funding I Jurisdiction Funding Z KCD Funding Requested: $50,000 Phone: (206) 767-2344 Project Start Date: June 1,ZO12 Fax: (206) 767-2341 Project End Date: December 31, 2012 E-mail: rstill@tukwilaWA.gov 1. Project Description - provide a brief description of the projec that summarizes what you will do, how you will do it, and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected? The City of Tukwila requests $50,000 from the King Conservation District to support acquisition of a 1.75 acre parcel on the west side of the Duwamish Hill Preserve (King County parcel #1023049085, hereafter "West Parce|"), located at 3800 S 115m Street in Tukwila, so this parcel can be added to the Preserve property. The cost of the parcel to be acquired is anticipated to be $1,125,000, toward which we have secured $1,050,000 ($750,000 in City of Tukwila funds, a grant of $250,000 from the King County Conservation Futures Program, and a grant of $50,000 from 4Culture). Additional costs totaling $40,000 are itemized in the project budget bring the total project budget to $1,165,100. The Duwamish Hill Preserve property currently under City of Tukwila ownership is an 8.6 acre parcel on the Duwamish River. This property includes a 40 million year old outcropping of bedrock that is part of what is known as the "Tukwila Formation", unique native plant communities, territorial views, and a flat area with 600 feet of shoreline on the Duwamish River at the farthest point up river that is reached by the tides. Culturally significant for its association with Southern Puget Sound Salish oral tradition and mythology, the Preserve is a key location in the stories known as the "Epic of the Winds." Working with Forterra (formerly Cascade Land Conservancy), the City of Tukwila raised $998,000 to acquire and preserve the 8.6 acre parcel in 2004, including two grants totaling $15,000 from KCD (the project was then known as "Grandmother's Hi||"). Since 2005, Forterra and the City collaboratively raised an additional $825,000 for Phase I restoration activities on the upland portion of the property. Phase I of the project opened to the public with a community celebration in 2010, following completion of trails, viewpoints, an outdoor classroom area, and extensive environmental restoration. Hundreds of community volunteers have contributed to the project through removal of trash and invasive species, and planting and monitoring of native plants in three distinct habitat areas, and the first school field trips to the Preserve took place in 2010. Member Jurisdiction & WRIA Forum Grant Program, Application • July 21, 2008 • Page 1 of 5 Acquisition of the West Parcel is a high priority for the City of Tukwila, the parcel's current owner is a willing seller, and negotiations regarding a purchase and sale agreement are underway. The West Parcel is presently zoned industrial and used for storage of construction equipment. Acquisition of the West Parcel will link the Preserve directly to a proposed regional trail, and will make it possible to establish a forested visual buffer between the Preserve and the industrial properties beyond the trail corridor to the west. When the Duwamish Hill Preserve Master Plan was developed in 2007, the West Parcel was included in the community's vision for Phase II of what the Preserve could become, as a regional cultural and natural resource. Acquisition of the West Parcel will double the size of the Phase II restoration area, allowing a richer and more meaningful restoration project, from a cultural, habitat and recreational perspective. Phase II will include a permanent exhibit of native plants selected in collaboration with the Muckleshoot and Duwamish Tribes and the Northwest Native American Basket Weavers Association, including species useable for basket making, preparation of traditional foods, and other cultural purposes. We hope to re- establish and make accessible a variety of species with traditional cultural uses, which may include wapato (arrowhead plant), swamp tea, wild cranberries, tules (bulrush), slough sedge and other species. Outdoor interpretive panels will include traditional use information that is appropriate to share with the public. 2. Natural Resource Improvement Actions - describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved? What are the known needs, gaps or deficits that will be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners? Acquisition of the West Parcel, and subsequent restoration of this property, will address all four of the natural resource improvement actions described in the application instructions. Education & Outreach: Through school field trips, volunteer work parties, and drop -in visits, youth and adults will learn about and participate in restoration work at the Duwamish Hill Preserve, with an emphasis on removal of invasive species and planting of native species with a goal toward salmon - friendly habitat improvement. Capacity Building: The City of Tukwila was pleased to host a public education workshop in 2011 in conjunction with Stewardship Partners, focused on installation of a bog garden as part of Phase I restoration at Duwamish Hill Preserve, and we anticipate hosting similar events during Phase II, following acquisition of the West Parcel. We are also pleased to provide training to our community volunteers, in partnership with the Friends of the Hill neighbors group, regarding best management practices and stewardship activities. Pilot and Demonstration Projects: Because the Preserve is open to the public, and the acquisition of the West Parcel will expand the boundaries of the Preserve, we have an outstanding opportunity to demonstrate the positive impacts of project activities on water quality and habitat value, which is especially important in transforming public attitudes regarding the recovery of the Duwamish River as a natural and recreational resource. Direct Improvements: Acquisition of the West Parcel will allow us to convert 1.75 acres adjacent to the Duwamish River from industrial use to conservation and open space land. Unsightly construction equipment stored by the seller will be removed. We will be able to clean up any residual contamination, remove invasive plants, and establish native plant communities including areas reflecting traditional ethnobotanical knowledge of area Tribes. Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 2 of 5 60 3. Project Activities and Measurable Results — using the table below, list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions, programs, services will be deployed? 4. Effectiveness (see page 2 of application instructions for definition) — describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program /service/ intervention? What is the capacity of the primary applicant to deliver the proposed program /service /intervention? What tools, services and partners will be brought to bear? The City of Tukwila Parks and Recreation Department has been an effective leader in preserving and restoring the Duwamish Hill Preserve, working with partner organizations and community members. Our record of success with Phase I of the project included an education and outreach component, capacity building, successful pilot projects, and direct improvements. For example, we have established a partnership with the Tukwila School District, and have hosted field trips of 2nd, 3rd and 7th grade classes where students participated in hands -on restoration activities, and learned to identify and classify native and invasive plants on site. We also sponsored a teacher training workshop in 2011 open to all Tukwila School District teachers, focused on environmental and cultural education opportunities at the Duwamish Hill Preserve. Our regularly scheduled volunteer work parties draw dozens of neighbors, and major events such as Duwamish Alive draw over one hundred volunteers to participate in large -scale projects. Visitors will be able to learn about restoration activities through interpretive materials (in development) focusing not just on the Preserve but also on the Green Duwamish Watershed as a whole, emphasizing the importance of coordinated efforts and offering suggestions for what individual land owners can do and how other residents can contribute to environmental recovery and sustainability. As the fee owner of the Duwamish Hill Preserve, the City of Tukwila is best positioned to acquire, restore and manage the adjacent West Parcel, which we propose to do in partnership with Forterra, Friends of the Hill, and other organizations devoted to environmental restoration and education in the area. Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 3 of 5 61 Activity Description Deliverables Timeline 1. Commercial appraisal of Parcel #1023049085 Appraisal documents Mid -2012 2. Environmental assessment of Parcel #1023049085 Assessment report Mid -2012 3. Acquisition of Parcel #1023049085 Title transfer to the City of Tukwila Late 2012 4. Future restoration (Phase II of Duwamish Hill Preserve plan) Following acquisition, the City of Tukwila will undertake restoration activities 2013 and beyond 4. Effectiveness (see page 2 of application instructions for definition) — describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program /service/ intervention? What is the capacity of the primary applicant to deliver the proposed program /service /intervention? What tools, services and partners will be brought to bear? The City of Tukwila Parks and Recreation Department has been an effective leader in preserving and restoring the Duwamish Hill Preserve, working with partner organizations and community members. Our record of success with Phase I of the project included an education and outreach component, capacity building, successful pilot projects, and direct improvements. For example, we have established a partnership with the Tukwila School District, and have hosted field trips of 2nd, 3rd and 7th grade classes where students participated in hands -on restoration activities, and learned to identify and classify native and invasive plants on site. We also sponsored a teacher training workshop in 2011 open to all Tukwila School District teachers, focused on environmental and cultural education opportunities at the Duwamish Hill Preserve. Our regularly scheduled volunteer work parties draw dozens of neighbors, and major events such as Duwamish Alive draw over one hundred volunteers to participate in large -scale projects. Visitors will be able to learn about restoration activities through interpretive materials (in development) focusing not just on the Preserve but also on the Green Duwamish Watershed as a whole, emphasizing the importance of coordinated efforts and offering suggestions for what individual land owners can do and how other residents can contribute to environmental recovery and sustainability. As the fee owner of the Duwamish Hill Preserve, the City of Tukwila is best positioned to acquire, restore and manage the adjacent West Parcel, which we propose to do in partnership with Forterra, Friends of the Hill, and other organizations devoted to environmental restoration and education in the area. Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 3 of 5 61 5. Efficiency (see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program /service/ intervention engage in conjunction with related efforts? How does your strategy best leverage resources? The proposed acquisition of the West Parcel will leverage the City of Tukwila's commitment of $750,000 in Real Estate Excise Tax (REET) funds with additional contributions from 4Culture, the Conservation Futures Program of King County, and our current request to KCD for use of Jurisdictional Funds. Beyond the acquisition, this investment of public funds will leverage extensive volunteer involvement in the project, totaling hundreds of hours of in- kind labor each year from the Friends of the Hill, as well as private tax exempt contributions from individual donors through Forterra. The City of Tukwila and Forterra have been working together for over a decade on the Duwamish Hill Preserve project, and we are able to efficiently identify and prioritize tasks related to fund raising, planning and project management. Our management team for the project includes representatives from multiple city departments, Forterra, and key citizen advisors and consultants. 6. Equity (see page 2 of application instructions for definition) - describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program /service /intervention occur? Who is the target audience and what demographic section of the community will be affected? As a public conservation property, the Duwamish Hill Preserve serves the ethnically diverse, working class community of Tukwila, where 74% of the students in the school district qualify for free or reduced -price meals. The school district population includes 35% transitional bilingual speakers, an indication of the high proportion of the population who are recent immigrants. This area also had the largest concentration of pre- contact Native American winter villages in all of King County, surrounding the former confluence of the Black River and the Green River which formed the Duwamish River. Natural resource improvement actions at this site involve diverse community members, and interpretation of cultural heritage provides an opportunity to connect Tukwila's current residents to its past, through traditional stories, place names, and environmental awareness. 7. Evaluation of Intended Results - describe the evaluation mechanisms you will use to track, document, and report that the project has achieved the intended results described in questions 1- 3. Successful completion of this project will be celebrated when ownership of the West Parcel is transferred to the City of Tukwila, and when the boundary of the Duwamish Hill Preserve is expanded to include this parcel. The West Parcel will be included in planning and design development for the Preserve's Phase II restoration (described in #1 above), which will improve habitat value and water quality in this critical area of the Duwamish River. The City of Tukwila and Forterra collaborated on acquisition of the original Preserve property, and we anticipate being able to efficiently replicate that successful process during this new acquisition effort, including appropriate legal and documentation work. In addition, the stewardship easement which Forterra holds on the original 8.6 acres of the Preserve will be expanded to include the West Parcel. We also look forward to future efforts to develop a comprehensive shoreline restoration project extending from the Duwamish Hill Preserve to the downstream Duwamish Gardens property. Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 4 of 5 62 8. Project Budget & Expenses Budget Item KCD Funds Other Funds confirmed Other Funds not yet confirmed Total Salaries and Benefits Travel /Meals /Mileage Office /Field Supplies Contracted/ Professional Services Land Acquisition $50,000 $50,000 (4C) $250,000 (CF) $750,000 (Tuk) $25,000 $1,125,000 Permits Other (appraisal, legal) $15,000 $15,000 Other (environmental assessment) $15,000 $15,000 Other (closing fees) $10,000 $10,000 TOTAL $50,000 $1,050,000 $65,000 $1,165,000 9. KCD Acknowledgement - Describe how the KCD will be acknowledged as a source of funding for the proposed program /service /intervention (see Grant Program Overview & Policies, General Grant Program Policies, #6). KCD support will be acknowledged in multiple ways, including through media (news releases announcing acquisition, City of Tukwila newsletter The Hazelnut, City of Tukwila Parks & Recreation Department web site), and on site through postings on the public information kiosk at the entrance to the Duwamish Hill Preserve. Authorized Signature Date Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 5 of 5 63 64 adjacent wetland ft 2a r cc DUWAMISH HILL PRESERVE PHASE 2 CONCEPT PLAN DRAFT 12 SEPTEMBER 2011 O E main trailhead on S 115th Street Duwamish Hill preserve addition site map Site Map in 2007 Master Plan Truck enter - `Low iewpoin Reshape and Revegetate ~800 feet of Duwa Shoreline mish Shoreline duwamish hill preserve map 20 PHASE 1: THE CENTRAL HILL neighborhood trailhead, some interpretive markers, trails, entrance bridge, stacked rock amphitheater, seatwalls at upper viewpoint, invasive plant removal and native restoration, interim parking and arrival area PHASE 2: RESTORED WETLAND, TRAILS, AND BUFFER more interpretive markers, wetland restoration, vegetative buffer and sculpted landforms, wetland boardwalk PHASE 3: REALIGNED ROAD AND RESTORED SHORELINE more interpretive markers, realigned South 115th Street, restroom with green roof and constructed wetland treatment system, bioretention swales, riverfront shoreline and beach restoration with hand boat lauch, welcome plaza, entrance path, porous concrete sidewalks, streetside permanent parking SCALE: 1 "= 120' -0" Duwamish Hill Preserve - Acqusition of West Parcel Second and third grade students from Thorndyke Elementary School in the Tukwila School District visited the Preserve in 2010 and 2011 to learn about the Green Duwamish watershed, to identify plants in the field, and to learn map reading skills. In the photo at left, teacher Laurie Rich provides an orientation to visiting students and volunteer parent chaperones in the outdoor classroom overlooking the Duwamish River. The photo below shows one of the Preserve's viewpoints, which provide territorial views upriver toward Mt. Rainier and downriver toward Elliott Bay. P Phase I Improvements included a trail to the upper viewpoint; impacts were minimized by using an existing ATV track. Current conditions on the West Parcel include storage of unsightly construction equipment along the Preserve boundary. This equipment will be removed prior to acquisition. 69 Oe$cattlititues Duwamish Hill Preserve opens after years of volunteer effort By Christine Willmsen Seattle Times staff reporter Saturday, September 18, 2010 The rocky hilltop near the Duwamish River speaks. It tells the story from the Duwamish and Muckleshoot tribes about the battle between the north and south winds. Now the hill has a new story of how a community came together to save this piece of land. Volunteers, community leaders and area neighbors welcomed the public to Saturdays opening of the Duwamish Hill Preserve in Tukwila. A 10 -year project saved this sacred hill from becoming just another industrial site along south 115th Street, off East Marginal Way South. After climbing 80 steps up the hill, you can look down and imagine the fishing villages that once hugged the Duwamish River. Now, the industrialized world surrounds the hill. In one direction is the Seattle skyline. In another, a trail of cars lines Highway 509. Airplanes roar overhead, light rail sends out high -pitch whines and semi - trucks thunder past. The eight acres is the site of many Native American stories and also a place full of geological wonders. The site, estimated to be 40 million years old, is a rocky, bald habitat with thin soil similar to that covering the San Juan Islands. E rI�IIloolv Lower Elwha Klallam Tribe member Roger Fernandes tells the story of when clams had feet during the Duwamish Hill Preserve opening celebration Saturday. "You just don't see a hill in a river valley," said Hayes Swinney, land stewardship director for Cascade Land Conservancy which helped obtain the property. "This hill is older than Mount Rainier. There are marine fossils. This, at one point, was underwater." In 2000, the hill was going to be blasted apart by dynamite and developed into an industrial area, much like the properties surrounding it. But the community and Cascade Land Conservancy raised about $1 million through donations, contributions and grants for the city of Tukwila to purchase the land. Even theater students at Foster High School got involved in preserving the site. In 2002, they wrote and performed a play about the hill and how it had transformed over the decades. They donated $1,200 in ticket sales, said Cynthia Chesak, the theater teacher and a Tukwila arts commissioner. "For me, its a landmark — Its a cultural site," she said. "You can't divorce the Native American site from Tukwila." By 2006, volunteers started clearing the land, but with decades of neglect, the property needed help. Stacy Cachules, manager of volunteer programs for the Cascade Land Conservancy, organized efforts to clear blackberry bushes, ivy and trash. "It started as an uphill process," she said. "It was such a mess, but the volunteers kept coming." On the weekends, a few volunteers who called themselves "Friends of the Hill" would cut away brush and haul away trash, tires, metal scrap and old cars. Others dug into the rocky earth and put native plantings along the path. Soon benches, trails and a storytelling area were built. Last year, dozens of people volunteered more than 2,000 hours. "You have to have knowledge of the past to help shape our future," said Tukwila council member Joan Hernandez. For upcoming volunteer opportunities at the Duwamish Hill Preserve go to www.cascadeland.orq /events Christine Willmsen: 206 - 464 -3261 or cwillmsen©seattletimes.com 70 AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Tukwila This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton, WA 98057 (referred to herein as "District "), and City of Tukwila, a municipal corporation in King County, Washington, located at 12424 42nd Ave S, Tukwila, WA 98168 (referred to herein as "Recipient "), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and /or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of Fifty Thousand Dollars ($50,000.00) from 2007 -2011 Assessments. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application Instructions and Policies, provided that such funds have been collected and received by the District. Page 1 of 4 71 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. Page 2 of 4 72 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ( "BARS "). 2.8 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. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or 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. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto 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 to this Agreement 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. Page 3 of 4 73 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. DISTRICT: RECIPIENT: By By Name Namec irri +40ttefft5n- Title Title Masr Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By Name C_ ► C_ I I.0(144d Date i).--/ it! 11 74 By(aS9 W-An/A. Name R e'k! A -TO CPO Date l a` Page 4 of 4 Exhibit A 76 King Con io District Member 1 r~sd~ct~on & WRIA Forum Grant Program Grant Application Project Title: Duwamish Hill Preserve - Phase II Restoration Design and Planning Applicant: City of Tukwila Contact: Rick Still Principal Partners (if any): Forterra (formerly Cascade Land Conservancy) Title: Director, Parks & Recreation Dept. Total Project Cost: $1,855,000 WRIA Funding r Jurisdiction Funding 1>< Address: 12424 - 42nd Ave S Tukwila, Washington 98168 KCD Funding Requested: $50,000 Phone: (206) 767-2344 Project Start Date: November 1, 2012 Fax: (206) 767-2341 Project End Date: December 31, 2013 (for design & planning tasks supported by KCD) E-mail: 0ck.StiU@Tukwi|aVVA.gov 1. Project Description - provide a brief description of the project that summarizes what you will do, how you will do it, and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on? Who or what will benefit or be positively and negatively affected? The City of Tukwila requests ¢50,000 from the King Conservation District to support Phase II restoration of the Duwamish Hill Preserve, located at 3800 S 115m Street in Tukwila. The Preserve was expanded from 8.6 to 10.5 acres on August 23, 2012 with the acquisition of an adjacent riverfront parcel to the west, for $1,050,000. Acquisition funds came from the City of Tukwila, King County Conservation Futures and 4Culture. Early in 2012, the City of Tukwila had requested $50,000 in King Conservation District jurisdictional funding to support a portion of this acquisition. However, with the delay in distribution of KCD 2012 funds, we were able to reallocate other grant funds for design and planning to complete the acquisition. We are now working to secure funds for Phase II restoration. This revised application for KCD jurisdictional funding requests $50,000 to support a portion of the design and planning costs associated with Phase II restoration. Specifically, KCD funds are requested for contracted professional services for landscape architecture design, soil testing, topographical survey and restoration preparation work. This work will allow us to move forward with the Phase II restoration activities described below. The Duwamish Hill Preserve includes a 40 million year old outcropping of bedrock that is part of what is known as the "Tukwila Formation", unique native plant communities, territorial views, and a flat area with 608 feet of shoreline on the Duwamish River at the farthest point up river that is reached by the tides. Culturally significant for its association with Southern Puget Sound Salish oral tradition and mythology, the Preserve is a key location in the stories known as the "Epic of the Winds." Working with Forterra (formerly Cascade Land Conservancy), the City of Tukwila raised $998,000 to acquire and preserve the 8.6 acre parcel in 2004, including two grants totaling $15,000 from KCD (the project was then known as "Grandmother's Hi||"). Since 2005, Forterra and the City collaboratively raised an additional $825,000 for Phase I restoration activities on the upland portion of the property. Phase I of the project opened to the public with a community celebration in 2010, following completion of trails, viewpoints, an outdoor Member Jurisdiction & WRIA Forum Grant Program, Applicat on , July 21, 2008 , Page 1 of 5 classroom area, and extensive environmental restoration. Hundreds of community volunteers have contributed to the project through removal of trash and invasive species, and planting and monitoring of native plants in three distinct habitat areas. The first school field trips to the Preserve took place in 2010. The Duwamish Hill Preserve Master Plan developed in 2007 included the community's vision for Phase II of what the Preserve could become, as a regional cultural and natural resource. Acquisition of the West Parcel doubles the size of the Phase II restoration area, allowing a richer and more meaningful restoration project, from a cultural, habitat and recreational perspective. Phase II will include a permanent exhibit of native plants selected in collaboration with the Muckleshoot and Duwamish Tribes and the Northwest Native American Basket Weavers Association, including species useable for basket making, preparation of traditional foods, and other cultural purposes. We hope to re- establish and make accessible a variety of species with traditional cultural uses, which may include wapato ( "Indian potato" or arrowhead plant), swamp tea, wild cranberries, tules (bulrush), slough sedge and other species. Outdoor interpretive panels will include traditional use information that is appropriate to share with the public. 2. Natural Resource Improvement Actions - describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved? What are the known needs, gaps or deficits that will be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife, landowners? Phase II restoration, including the recently acquired West Parcel, will address all four of the natural resource improvement actions described in the application instructions. Education & Outreach: Through school field trips, volunteer work parties, and drop -in visits, youth and adults will learn about and participate in restoration work at the Duwamish Hill Preserve, with an emphasis on removal of invasive species and planting of native species with a goal toward salmon - friendly habitat improvement. Capacity Building: The City of Tukwila was pleased to host a public education workshop in 2011 in conjunction with Stewardship Partners, focused on installation of a bog garden as part of Phase I restoration at Duwamish Hill Preserve, and we anticipate hosting similar events during Phase II. We are also pleased to provide training to our community volunteers, in partnership with the Friends of the Hill neighbors group, regarding best management practices and stewardship activities. Pilot and Demonstration Projects: Because the Preserve is open to the public, and the acquisition of the West Parcel expanded the boundaries of the Preserve, we have an outstanding opportunity to demonstrate the positive impacts of project activities on water quality and habitat value, which is especially important in transforming public attitudes regarding the recovery of the Duwamish River as a natural and recreational resource. Direct Improvements: Much of the Phase II project area has been used to store construction equipment, so we will be demonstrating that it is possible to convert former industrial land to conservation and open space land, re- establishing valuable habitat through reintroduction of native plants and restoration of hydrological function through reconnection with adjacent wetlands. Unsightly construction equipment stored by the former owner of the West Parcel will be removed. We will be able to clean up any residual contamination, remove invasive plants, and establish native plant communities including areas reflecting traditional ethnobotanical knowledge of area Tribes. Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 2 of 5 78 3. Project Activities and Measurable Results - using the table below, list specific project activities to be completed, the timetable for the activities, and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions, programs, services will be deployed? 4. Effectiveness (see page 2 of application instructions for definition) - describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program /service/ intervention? What is the capacity of the primary applicant to deliver the proposed program /service /intervention? What tools, services and partners will be brought to bear? The City of Tukwila Parks and Recreation Department has been an effective leader in preserving and restoring the Duwamish Hill Preserve, working with partner organizations and community members. Our record of success with Phase I of the project included an education and outreach component, capacity building, successful pilot projects, and direct improvements. For example, we have established a partnership with the Tukwila School District, and have hosted field trips of 2nd, 3rd and 7th grade classes where students participated in hands -on restoration activities, and learned to identify and classify native and invasive plants on site. We also sponsored a teacher training workshop in 2011 open to all Tukwila School District teachers, focused on environmental and cultural education opportunities at the Duwamish Hill Preserve. Our regularly scheduled volunteer work parties draw dozens of neighbors, and major events such as Duwamish Alive draw over one hundred volunteers to participate in large -scale projects. Visitors will be able to learn about restoration activities through interpretive materials (in development) focusing not just on the Preserve but also on the Green Duwamish Watershed as a whole, emphasizing the importance of coordinated efforts and offering suggestions for what individual land owners can do and how other residents can contribute to environmental recovery and sustainability. As the fee owner of the Duwamish Hill Preserve, the City of Tukwila is best positioned to manage Phase II design, planning and restoration activities, which we propose to do in partnership with Forterra, Friends of the Hill, and other organizations devoted to environmental restoration and education in the area. Forterra's nonprofit status creates opportunities to access project funds from private foundations that work with 501(c)(3) organizations. Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 3 of 5 79 Activity Description Deliverables Timeline 1. Acquisition of 1.9 acre "West Parcel" #1023049085, expands Preserve to 10.5 acres Title transfer to the City of Tukwila Closed 8/23/12 2. Design Development for Phase II Restoration Concept design, and detailed planning documents for landscape design to support habitat and water quality improvements (KCD funds will support a portion of this work) 2013 3. Completion of Phase II Restoration of Duwamish Hill Preserve Opening of Phase II project area to the public (timeline TBD by successful fundraising to implement design) 2014 -15 4. Effectiveness (see page 2 of application instructions for definition) - describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program /service/ intervention? What is the capacity of the primary applicant to deliver the proposed program /service /intervention? What tools, services and partners will be brought to bear? The City of Tukwila Parks and Recreation Department has been an effective leader in preserving and restoring the Duwamish Hill Preserve, working with partner organizations and community members. Our record of success with Phase I of the project included an education and outreach component, capacity building, successful pilot projects, and direct improvements. For example, we have established a partnership with the Tukwila School District, and have hosted field trips of 2nd, 3rd and 7th grade classes where students participated in hands -on restoration activities, and learned to identify and classify native and invasive plants on site. We also sponsored a teacher training workshop in 2011 open to all Tukwila School District teachers, focused on environmental and cultural education opportunities at the Duwamish Hill Preserve. Our regularly scheduled volunteer work parties draw dozens of neighbors, and major events such as Duwamish Alive draw over one hundred volunteers to participate in large -scale projects. Visitors will be able to learn about restoration activities through interpretive materials (in development) focusing not just on the Preserve but also on the Green Duwamish Watershed as a whole, emphasizing the importance of coordinated efforts and offering suggestions for what individual land owners can do and how other residents can contribute to environmental recovery and sustainability. As the fee owner of the Duwamish Hill Preserve, the City of Tukwila is best positioned to manage Phase II design, planning and restoration activities, which we propose to do in partnership with Forterra, Friends of the Hill, and other organizations devoted to environmental restoration and education in the area. Forterra's nonprofit status creates opportunities to access project funds from private foundations that work with 501(c)(3) organizations. Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 3 of 5 79 5. Efficiency (see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program /service/ intervention engage in conjunction with related efforts? How does your strategy best leverage resources? The Phase II restoration project builds on successful Phase I fund raising, community engagement, and completion of a complex restoration project to re- establish and expand a variety of native plant communities. Because the project has both natural resource and cultural resource elements, we have been able to secure support from a wide variety of funding agencies and programs. In addition to the recent acquisition funding from King County Conservation Futures, City of Tukwila and 4Culture, we have secured one restoration grant from the Washington State Heritage Capital Projects Program, and have been recommended for a second grant from the same program which should be'available in mid -2013. Funds from KCD will support design and planning activities which need to be completed as first steps in the Phase II process, and completion of this work will allow us to move forward with restoration activities when new state funds become available. This investment of state and local public funds will leverage extensive volunteer involvement in the project, totaling hundreds of hours of in -kind labor each year from the Friends of the Hill, as well as private tax exempt contributions from individual donors through Forterra. The City of Tukwila and Forterra have been working together for over a decade on the Duwamish Hill Preserve project, and we are able to efficiently identify, prioritize and allocate tasks related to fund raising, planning and project management. Our management team for the project includes representatives from multiple city departments, Forterra, and key citizen advisors and consultants. 6. Equity (see page 2 of application instructions for definition) - describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program /service /intervention occur? Who is the target audience and what demographic section of the community will be affected? As a public conservation property, the Duwamish Hill Preserve serves the ethnically diverse, working class community of Tukwila, where 74% of the students in the school district qualify for free or reduced -price meals. The school district population includes 35% transitional bilingual speakers, an indication of the high proportion of the population who are recent immigrants. This area also had the largest concentration of pre- contact Native American winter villages in all of King County, surrounding the former confluence of the Black River and the Green River which formed the Duwamish River. Natural resource improvement actions at this site involve diverse community members, and interpretation of cultural heritage provides an opportunity to connect Tukwila's current residents to its past, through traditional stories, place names, and environmental awareness. 7. Evaluation of Intended Results - describe the evaluation mechanisms you will use to track, document, and report that the project has achieved the intended results described in questions 1- 3. A major accomplishment was celebrated just weeks ago, when acquisition of the West Parcel was completed, thus expanding the Preserve and expanding the Phase II project area. The stewardship easement which Forterra holds on the original 8.6 acres of the Preserve will be expanded to include the new acquisition, formalizing Forterra's role in Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 4 of 5 80 monitoring and evaluating stewardship actions at the Preserve. Planning and design development for the Preserve's Phase II restoration (described in #1 above), and subsequent implementation of the restoration design, will result in improved habitat value and water quality in this critical area of the Duwamish River. The project's management team brings a variety of expertise to the project, including ability to evaluate planning and implementation of tasks related to environmental planning, landscape design, hydrological systems, wetlands restoration, cultural resource protection, recreational development, capital project management, and native plant restoration. We also look forward to future efforts to develop a comprehensive shoreline restoration project in Phase III, extending from the Duwamish Hill Preserve to the downstream Duwamish Gardens property. 8. Project Budget & Expenses Budget Item KCD Funds Other Funds confirmed Other Funds not yet confirmed Total Salaries and Benefits Travel /Meals /Mileage Office /Field Supplies Contracted/ Professional Services $50,000 * $150,000 (HCP) $25,000 (Tuk) $500,000 (HCP) $15,000 (4C) $65,000 (tbd) $805,000 Land Acquisition $50,000 (4C) $250,000 (CF) $750,000 (Tuk) $1,050,000 Permits Other (appraisal, legal) Other (environmental assessment) Other (closing fees) TOTAL $50,000 $1,225,000 $580,000 $1,855,000 * contracted professional services includes: landscape architecture des gn ($25,000), soil testing ($7,500), topographical survey ($5,000) and restoration preparation work ($12,500) by Earthcorps or similar. organization. 9. KCD Acknowledgement - Describe how the KCD will be acknowledged as a source of funding for the proposed program /service /intervention (see Grant Program Overview & Policies, General Grant Program Policies, #6). KCD support will be acknowledged in multiple ways, including through media (news releases announcing public events, City of Tukwila newsletter The Hazelnut, City of Tukwila Parks & Recreation Department web site), and on site through postings on the public information kiosk at the entrance to the Duwamish Hill Preserve. Authorized Signature Date Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 5 of 5 81 82 KBD King Conservation District 1107 SW Grady Way, Suite 130 • Renton, WA 98057 • Phone (425) 282 -1897 • Fax (425) 282 -1898 • E -mail district@kingcd.org December 17, 2012 Rick Still City of Tukwila 12424 42nd Ave S Tukwila, WA 98168 Dear Rick, Enclosed are two copies of an Agreement for award of a King Conservation District Member Jurisdiction Grant. This grant is funded with King Conservation District Special Assessment funds allocated to the City of Tukwila. This letter confirms that a King Conservation District Member Jurisdiction grant in the amount of $50,000.00 was awarded on 11/20/2012. After obtaining signatures from City of Tukwila representatives, return both copies of the Agreement to me. I will obtain the required signatures from King Conservation District representatives and forward a signed original for your records. Shortly after the grant was awarded, King CD grant staff notified you by electronic mail. King CD considers that notification of award as notice to proceed on the scope of work approved. While the award has been approved, the way the District makes grant payments has changed. The Board of Supervisors recently approved a resolution revising the Member Jurisdiction grant program that states that "all existing and future grant payments associated with approved grant agreements will be made on a reimbursement basis. Grantees will provide adequate documentation demonstrating the completion of stated deliverables in the grant application, including but not limited to invoices, in order to request payment of approved grant project expenses as detailed in the application budget. Request for payment must be submitted at least 30 days prior to the day payment is needed by. Ten percent of the grant award will be held by the District until all reporting and expense documentation is submitted and approved and the close out process is complete." This is to replace the current process of paying 90% of the grant award upfront. KCD Ref: 12- 215 -Rick Still, Tukwila, Duwamish Hill Preserve Phase II Restoration Design and Planning agreement letter 83 84 This policy change was made by the Board of Supervisors as a result of the Supreme Court ruling in the Mason /Carey case, legal challenges, the resulting budget shortfall, and at the request of partner jurisdictions. The Board looks forward to the successful implementation of this project. We are hopeful that this policy change will enable our partners to continue implementing natural resource improvement projects. You can find the forms to use when submitting progress reports, expense reports, and forms for use when requesting a revision to your grant agreement on our webpage, at kingcd.org/progra.htin. We have a new reimbursement request form available on the webpage as well. You may submit the form along with supporting documentation via email or regular mail. Sincerely, Michael S Jones Grant Assistant Enclosures (1) KCD Ref: 12- 215 -Rick Still, Tukwila, Duwamish Hill Preserve Phase II Restoration Design and Planning agreement letter PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 Duwamish Hill Preserve Project No. 90330109 Land development for this 8.6 acre parcel will preserve open space and allow future restoration for this passive park at 3800 S 115 St. (Previously known as Duwamish Riverbend Hill, Poverty Hill and Grandmother's Hill.) Meets the Parks and Open Space Plan providing cultural and historical value along the City's shoreline. Phase I development was completed in 2010. West parcel was purchased in 2012 along with the small riverbank donation.Volunteers and staff continue to seed and plant various areas to enhance the Preserve. Phase II design work is in preliminary stages for 2012 and is scheduled for completion in 2013. Approximately 200 staff hours per year. Phase II is on Park Impact Fee list for $2.5 million with an 80 %/20% split. Sound Transit mitigation of $313k for use of site. Grants: Recreation Conservation Office (RCO), State Heritage Fund, 4Culture, King Conservation District, Conservation Futures, and Cascade Land Conservancy with REET funds as a match. FINANCIAL Through Estimated in $000's 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Project Location _ sooi ecc d , Fly g \ \ E S ., I I, k jS B, . > ,› — \, _ .^R t 0 s ,t /Xi:... Design 258 40 450 20 20 20 20 20 940 1,788 Land (RAM 980 1,056 450 2,486 Const. Mgmt. 1 60 927 988 Construction 206 100 50 50 50 50 50 5,700 6,256 TOTAL EXPENSES 1,445 1,096 610 70 70 70 70 70 8,017 11,518 FUND SOURCES Awarded Grant 1,155 300 50 1,505 Proposed Grant 515 2,065 2,580 REET 1 (1st Qtr Percent) 359 130 130 130 140 140 140 140 1,309 KC Parks Levy 187 29 34 250 Mitigation 313 313 Park Impact Fees 197 30 227 Park Impact Fees Expected 12 25 25 35 40 45 45 1,546 1,773 City Oper. Revenue (407) 366 (144) (85) (95) (110) (115) (115) 4,266 3,561 TOTAL SOURCES 1,445 1,096 610 70 70 70 70 70 8,017 11,518 2013 - 2018 Capital Improvement Program 48 85 Project Location _ sooi ecc d , Fly g \ \ E S ., I I, k jS B, . > ,› — \, _ .^R t 0 s ,t /Xi:... ... ki f /y 81305[..... 2013 - 2018 Capital Improvement Program 48 85 86 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes January 14, 2013 — 5:00 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De' Sean Quinn and Kate Kruller Staff: Rick Still, Evie Boykan, Stacy Hansen and Kimberly Matej CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:15 p.m. I. PRESENTATIONS - No presentations. II. BUSINESS AGENDA A. Grant Acceptance: Duwamish Hill Preserve Staff is seeking Council approval to accept a grant from King C $50,000 for further development of the Duwamish Hill Prese This grant was originally awarded for the acquisition of funding for KCD programs was delayed, and not . warde response, City staff requested that KCD allow th Preserve. King Conservation District agreed to all matching funds required of this grant. Committee Member Quinn suggeste for supporting the distribution of K. APPROVAL. FORWARD on District (KCD) in the amount of land j "t west of the Preserve; however, me to be used for the land acquisition. In utilized for further development of the nding for development. There are no City B. 2013-2014 Human Services Staff is seeking Council appro al Y ven (7) two -year human services contracts for a variety of social services as outlined below. Fundi • "or these types contracts was approved by the City Council through the 2013 -2014 Biennial Budget as part of the Human Services budget. Contracts for human services programs last for a duration of two years and are subject to regular review as identified in each specific contract set forth between that respective agency and the City. The seven (7) contracts listed below are coming forward to Council for approval since each contract will total more than $40,000 over the two -year duration and some of these contracts may be considered interlocal agreements, both of which require Council approval. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 REGULAR MEETING CONSENT AGENDA. be sent to King County Councilmember Patterson on Funds throughout King County. UNANIMOUS REGULAR MEETING CONSENT AGENDA. • Renton Area Youth Services — Substance Abuse /Mental Health Two -Year Contract Total: $62,660 • Renton Area Youth Services — RAYS School Based Counseling Two -Year Contract Total: $110,184 • Refugee Women's Alliance — Family Support and Case Management Two -Year Contract Total: $42,400 • Multi- Service Center — Emergency Assistance Program Two -Year Contract Total: $90,000 • Institute for Family Development — Parents and Children Together Program (PACT) Two -Year Contract Total: $43,200 • Tukwila Pantry — Food Bank Two -Year Contract Total: $48,740 • Community Schools Collaboration — After School Program Two -Year Contract Total: $200,000 87 88 COUNCIL AGENDA SYNOPSIS Initials Meetin : Dale 01/22/13 Ma or's review Council review ITEM INFORMATION ITEM No. 5.E. 89 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 01/22/13 AGENDA I'n r I TITLE Overlay and Repair - East Marginal Way S Consultant Agreement with KPG, Inc. CATEGORY n Discussion Mtg Date Motion Date 01/22/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date P Bid Award Mtg Date n Public Heating Mtg Date ❑ Other Mtg Date 1 Mtg SPONSOR Council Mayor n HR C DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police 11 PW SPONSOR'S This contract is for design of the Overlay and Repair of East Marginal Way South from SUMMARY South 81st Place to Norfolk Street. KPG was determined to be the most qualified as we had just selected KPG to design the 2013 Overlay & Repair Program in November 2012. The Federal grant requires that the contract be separated for grant reimbursement. Council is being asked to approve the design contract with KPG, Inc. in the amount of $124,978.05. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte Utilities Cmte [ Arts Comm. P1 Parks Comm. DATE: 01/15/13 COMMITTEE CHAIR: KATE L Transportation Cmte ❑ Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. COMMIYTIE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $124,978.05 $125,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 15, 2013 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/22/13 MTG. DATE ATTACHMENTS 01/22/13 Informational Memorandum dated 01/11/13 Vicinity Map 2013 CIP, page 15 KPG Contract, Scope of Work, and Fee Minutes from the Transportation Committee meeting of 01/15/13 89 90 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director // BY: Robin Tischmak, City Engineer DATE: January 11, 2013 SUBJECT: 2013 Overlay and Repair Program — East Marginal Way S (S 81st PI to Norfolk St) Project No. 91210406 Consultant Selection and Agreement ISSUE Execute a contract with KPG, Inc. to provide design services for the East Marginal Way S (S 81st PI to Norfolk St) portion of the 2013 Overlay and Repair Program. BACKGROUND In October 2012, KPG, Inc. was selected to provide design engineering services for the City's 2013 Overlay and Repair Program. The award of federal funding for the overlay of East Marginal Way S created the need to separate the federally funded project from the City funded street segments within the Capital Improvement Program (CIP). A contract with KPG was previously executed with funds included in the 2012 budget for the City funded portion of the 2013 Overlay Program. Since the design funds for the federally funded East Marginal Way S project are included in the 2013 budget and a federal contract form is required, a separate contract has been created with KPG to provide design services for East Marginal Way S. DISCUSSION KPG, Inc. has provided a contract, scope of work, and fee estimate to complete design of East Marginal Way S as part of the 2013 Overlay and Repair Program and advertise for construction bids. FINANCIAL IMPACT Contract Budget Design Contract & Budget $ 124,978.05 $ 125,000.00 RECOMMENDATION Council is being asked to approve the design contract with KPG, Inc. for the design of the Overlay and Repair of East Marginal Way S in the amount of $124,978.05 and consider this item on the Consent Agenda of the January 22, 2013 Regular Meeting. Attachments: Vicinity Map 2013 CIP, page 15 Contract, Scope of Work and Fee Estimate W:IPW Eng1PROJECTSIA- RW & RS Projects \EMW Overlay & Repair (91210406)1Info Memo Consult Select & Contractdocx 91 92 S 107 St S 108 St Rainier Golf & Country Club City of Tukwila East Marginal Way South Pavement Resurfacing July 19, 2012 Vicinity Map 94 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Overlay and Repair - East Marginal Way S Project No. 91210406 DESCRIPTION: Construct pavement preparation and an asphalt overlay of East Marginal Way South between S 81st PI and S Norfolk Street, including new pavement markings. JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure. STATUS: New project for 2013 - 2018 CIP. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Federal grant funding available through PSRC 2012 STP /CMAQ for $1,000,000. FINANCIAL Through Estimated 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Design 125 125 Land (R/VV) 0 Const. Mgmt. 150 150 Construction 1,200 1,200 TOTAL EXPENSES 0 0 1,475 0 0 0 0 0 0 1,475 FUND SOURCES Awarded Grant 0 Proposed Grant 1,000 1,000 Mitigation Actual 0 Impact Fees 0 City Oper. Revenue 0 0 475 0 0 0 0 0 0 475 TOTAL SOURCES 0 0 1,475 0 0 0 0 0 0 1,475 2013 - 2018 Capital Improvement Program 15 95 96 Local Agency Standard Consultant Agreement Consultant/Address/Telephone KPG 753 9th Avenue N Seattle, WA 98199 206.286.1640 0 Architectural /Engineering Agreement 0 Personal Services Agreement Agreement Number Federal Aid Number Project Title And Work Description East Marginal Way Overlay Norfolk to 81st Place South Project design services and preparation of Bid Documents. Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation Overhead Cost Method ❑ Actual Cost ■Yes ►�� No Federal ID Number or Social Security Number 91- 1477622 • Actual Cost Not To Exceed ❑ Fixed Overhead Rate Fixed Fee $ _ % Do you require a 1099 for IRS? !Completion Date ❑ Yes ►5 No December 31, 2013 Total Amount Authorized $ 124,978.05 0 Specific Rates Of Pay e Negotiated Hourly Rate Management Reserve Fund $ • Provisional Hourly Rate Maximum Amount Payable $ 124,978.05 ❑ Cost Per Unit of Work Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ❑ Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ❑ Exhibit D -2 Payment - Cost Plus ® Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D-4 Payment - Provisional ❑ Exhibit E -1 Fee - Lump /Fixed/Unit ® Exhibit E -2 Fee - Specific Rates ❑ Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee ® Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit G -3 Sub Overhead Cost ® Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ❑ Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary ® Exhibit M -3 Lobbying Certification ® Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of between the Local Agency of and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 , Washington, hereinafter called the "AGENCY" , 97 WITNESSET.H THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. Ill General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and /or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D /M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 98 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 99 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "1" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 100 in such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 101 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". in no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 102 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 103 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By Consultant Agency DOT Form 140 -089 EF Revised 3/2008 104 Page 8 of 8 EXHIBIT A -1 City of Tukwila East Marginal Way Overlay Norfolk to 81st Place S Scope of Work January 7, 2013 PURPOSE: This project includes preparation of final Plans, Specifications and Estimates for approximately 6,600 linear feet of East Marginal Way between Norfolk Street S and the existing overlay joint south of 81St Place S. The project received funding from a PSRC Preservation Grant for construction in 2013. Work includes necessary base mapping, design, National Environmental Protection Agency (NEPA) environmental documentation, utility coordination, and WSDOT coordination for funding requirement compliance. SCOPE OF WORK: Task 1 Project Management 1.1 The estimated project duration is 4 months. The Consultant shall provide overall project management including: ♦ Project staff management and coordination • Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.2 Provide QA / QC reviews by senior staff of all major deliverables prior to submittal to the City. Task 2 Prepare Base Maps 2.1 The Consultant shall prepare project base maps based on available City aerial maps and field measurements for curbs, channelization, utility castings, loops, etc. 2.2 The Consultant will perform field reviews using a smart level to verify compliance or necessary documentation for ADA compliance. This information is required to City of Tukwila E. Marginal Way Overlay Page 1 of 3 KPG, Inc. January 7, 2013 105 verify and /or upgrade curb ramps to current ADA requirements in accordance with federal funding requirements. Task 3 100% Plans, Specifications, and Estimate The Consultant shall prepare Final Plans, Specifications and Estimates for advertisement and award by the City. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Final bid documents will be signed by a licensed professional engineer in the State of Washington. 3.1 The Consultant shall prepare 50% Plans and Estimate for City review and comment. 3.2 The Consultant shall incorporate City comments and prepare 90% Plans, Specifications, and Estimate for City review and comment. Specifications will be based on WSDOT /APWA standards and applicable LAG standards to meet funding agency requirements. 3.3 The Consultant shall incorporate comments and finalize bid documents. Bid documents will be uploaded to bxwa.com for advertisement. Fees for advertisement will be paid by the City. 3.4 The Consultant shall obtain traffic counts and heavy vehicle classifications at two (2) locations along the corridor for use in pavement analysis and design. Pavement analysis will be performed by GeoDesign under subcontract to the Consultant in accordance with the scope of work included in Attachment 1. 3.5 The Consultant shall provide bid period services to include responses to bidder inquiries, preparation of addenda, attendance at bid opening, preparation of bid tabulation, and recommendation to award or reject the apparent low bidder. The budget assumes a straight forward review process with the low bidder receiving the contract award. Task 4 Permitting and Agency Coordination 4.1 The Consultant shall distribute 50% and 90% to utility providers along the corridor for verification of their facilities and identification of any necessary upgrades or repairs prior to overlay. 4.2 The Consultant shall coordinate and provide graphic support for NEPA documentation. NEPA documentation will be performed by Widener and Associates under subcontract to the Consultant in accordance with the scope of City of Tukwila KPG, Inc. E. Marginal Way Overlay Page 2 of 3 January 7, 2013 106 work included in Attachment 2. 4.3 The Consultant shall coordinate with WSDOT to obtain authorization to advertise for bids. This work is anticipated to include submittal of NEPA documents, project specifications, and ADA compliance /Maximum Extent Feasible (MEF) documentation at curb ramps. No WSDOT Channelization Plan or signal approvals are anticipated. ADDITIONAL SERVICES: The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Assumptions: • Typically, only surface utilities requiring adjustment to grade will be shown. • Drainage & Water Quality Reports will not be required. • Environmental Documentation requirements will be in accordance with the scope of work included in Attachment 2. • No storm, sewer, water, or electrical upgrades are required beyond loop replacement and casting adjustments. • No right of way determination or acquisition is required. • No railroad permits are required. Deliverables • 50% review submittal with Plans and Estimate (5 copies) • 90% review submittal with Plans, Specifications, and Estimate (5 copies) • Routing of 50% and 90% Plans to utilities for review and comment. • Bid Documents and Engineer's Estimate for 2013 Overlay Program • 10 sets of Plans (11" X 17 ") and specifications for the Bid Documents. • Coordinate upload of Plans and Specifications to Builders Exchange. City of Tukwila KPG, Inc. E. Marginal Way Overlay Page 3 of 3 January 7, 2013 107 108 IDESIGN? December 21, 2012 KPG, Inc. 753 9`h Avenue North Seattle, WA 98109 u 6 T A Attention: Mr. Nelson Davis, P.E. INTRODUCTION Proposal Pavement Engineering Services E. Marginal Way, Norfolk to 81" Tukwila, Washington GeoDesign Project: KPG -15 -01 GeoDesign, Inc. is pleased to submit this proposal for pavement engineering on approximately 6,600 lineal feet of East Marginal Way from South Norfolk Street to just south of South 81" Place, East Marginal Way is a principal arterial with between two to three lanes in each direction and a center turn lane. The road surface is asphalt concrete; however, based on information provided by Mr. Nelson Davis, we understand that the road structure includes sections of hot mix asphalt over base structures of aggregate, concrete, and brick. SCOPE OF SERVICES The project includes pavement testing and explorations to provide pavement rehabilitation recommendations. Rather than just completing corings at isolated locations along the roadway to explore pavement and underlying soil conditions we recommend completing a falling weight deflectometer (FWD) with ground penetrating radar (GPR) survey along the project alignment to support the design of the overlay and /or new pavements. FWD testing is non - destructive and provides accurate information regarding the structural capacity of the pavement and identifies underlying issues that can cause surface distress. Using FWD linked with global positioning system coordinates provides location- specific results and rehabilitation of the pavement based on variable conditions rather than on the conditions observed at limited boring locations. More importantly, FWD -based rehabilitation designs are based on in situ conditions measured at each test location rather than on a limited number of observations at the boring locations. FWD -based designs can also be tailored to fit urban geometric constraints using grind, inlay, and overlay construction methods. 10700 Meridian Avenue North, Suite 210 I Seattle, WA 98133 1 206.838.9900 www.geodesigninc.com 109 Coupling a GPR survey with the FWD provides additional pavement thickness information between coring locations, which can identify variations in pavement thickness along the alignment that can impact overlay options. It also allows for reducing the number of coring locations and laboratory testing than those required for a typical coring -only study. We are providing two scopes of work for your consideration: one in which the field investigation is limited to just coring the roadway and completing borings to depths up to 4 feet below ground surface (BGS) and a second in which the field investigation includes both coring and the FWD survey. The costs are comparable; however, we believe the FWD survey will provide significantly more information and improve the identification of and selection of applicable overlay options. OPTION 1: CORING ONLY The field investigation for Option 1 is limited to coring and shallow subsurface exploration to a depth of 4 feet BGS. Rehabilitation recommendations will be based on conditions identified at the boring locations and the selection of subgrade and pavement support parameters based on experience, observation, and laboratory testing or a limited number of samples. The specific scope of work for Option 1 includes the following: • Complete a distress survey of the existing pavement, including logging the extent of cracking, rutting, and other distresses. • Complete a traffic control plan for the proposed work. • Provide traffic control during the explorations and FWD testing. • Explore subsurface conditions in the road right -of -way by completing up to 20 cores to depths of up to 4 feet BGS. • Maintain a detailed log of the explorations, and obtain samples of the pavement, base, and subgrade material encountered. • Obtain soil samples at select depths in the core /boring explorations. • Complete the following laboratory tests: • Moisture tests on up to 18 selected soil samples • Testing for Atterberg limits on up to three select soil samples • Testing on material passing the U.S. Standard No. 200 Sieve on three select soil samples • Resilient modulus testing on up to five samples • Evaluate rehabilitation overlay options based on subgrade conditions, soil borings, and traffic data. • Provide pavement structural designs for base repair and reconstruction sections. • Make recommendations regarding pavement areas to be rehabilitated by reconstruction. • Provide recommendations for materials and construction. • Provide a report summarizing our recommendations. OPTION 2: CORING WITH FWD SURVEY The second scope of work option will include an FWD survey with GPR as part of the field investigation. The FWD survey will allow for the development of rehabilitation options that are based on in situ conditions measured at each FWD test location rather than on a limited number of observations at the boring locations. Although cores will still be completed, the number of deep cores can be decreased and the amount of laboratory testing necessary will be decreased. The specific scope of work for Option 2 includes the following: GEO 110 DESIGN= 2 KPC -15- 01:122112 • Complete a distress survey of the existing pavement, including logging the extent of cracking, rutting, and other distresses. • Complete a traffic control plan for the proposed work. • Provide traffic control during the explorations and FWD testing. • Provide FWD tests at 150 -foot intervals on each travel lane of the roadway for a total of approximately 220 test locations. • Explore subsurface conditions in the road right -of -way by completing up to 16 cores to depths of up to 4 feet BGS and up to 6 shallow cores to investigation the depth of cracks. • Maintain a detailed log of the explorations, and obtain samples of the pavement, base, and subgrade material encountered. • Obtain soil samples at select depths in the core /boring explorations. • Complete the following laboratory tests: • Moisture tests on up to 18 selected soil samples • Testing on material passing the U.S. Standard No. 200 Sieve on three select soil samples • Evaluate rehabilitation overlay options based on subgrade conditions, soil borings, and traffic data. • Provide pavement structural designs for base repair and reconstruction sections. • Make recommendations regarding pavement areas to be rehabilitated by reconstruction. • Provide recommendations for materials and construction. • Provide a report summarizing our recommendations. SCHEDULE We will schedule our work immediately. We will complete our explorations within five weeks of your authorization to proceed. Our draft report will be available two to three weeks after completing our explorations. Preliminary results can be provided as they are developed. FEE For the scope of services described, we will complete the work on a time and expense basis for a not to exceed fee that will be based on the option selected. We propose that our services be provided in accordance with our Schedule of Charges and General Conditions, which are attached to and part of this proposal. An approximate itemization of our expenditures for each option is provided below. OPTION 1: CORING ONLY GeoDesig n Distress Survey and Field Investigation (20 cores) $4,900 Laboratory Testing 4,800 Pavement Analysis and Report Preparation 7,000 Project Management and Permitting 1.200 Subtotal $17,900 GEO DESIGN? 3 KPG -15- 01:122112 111 Subcontractor Services Drilling /Coring $6,000 Traffic Control 2,700 Utility Locate Services 700 Subtotal $9,400 Project Total $27,300 OPTION 2: CORING WITH FWD SURVEY GeoDesign Distress Survey, Coring, and FWD Survey $7,500 Laboratory Testing 1,280 Pavement Analysis and Report Preparation 7,000 Project Management and Permitting 1.200 Subtotal $16,980 Subcontractor Services Drilling /Coring $5,000 Traffic Control 3,400 Utility Locate Services 700 Subtotal $9,100 Project Total $26,080 Services requested in addition to the preceding scope of work will be billed on a time and expense basis in accordance with our attached Schedule of Charges. We will not proceed with an increased scope of work without your prior authorization. G EO 112 DESIGN ♦♦♦ 4 KPG -15- 01:122112 We appreciate the opportunity to submit this proposal. Please give us a call if you have questions. Formal authorization for our services can be provided by returning one signed copy of this proposal. Sincerely, GeoDesign, Inc. Krey D. Younge Associate Engineer Kevin J. La , P.E. Principal Engineer KDY:KJL•kt Attachment One copy submitted (via email only) Document ID: KPG- 1 5-01 -1 221 1 2- geop.docx Co 2012 GeoDesign, Inc. All rights reserved. The scope of services and terms described herein are accepted, and GeoDesign, Inc. is authorized to proceed. by Organization Sig nature* Date by by Name Printed Title *Individual with contracting authority and responsible for payment of GeoDesign, Inc.'s fees. GEO DESIGN? 5 KPG -15- 01:122112 113 114 GF /I 7 /d At- 1- 1-34 -c ',-.n � I- 2 SCOPE OF WORK Task 1 - Data Collection Widener with assistance from the City will collect available documentation concerning the project activities and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high - quality ecosystem data from WDNR. The above data along with past permit actions in the project area will provide a basis for conducting an onsite habitat survey of the project and the adjoining seabed. All habitat areas will be mapped and documented in the project base map. Task 2 — APE/Exemption Letter This work would include the preparation of an APE/Exemption Letter in accordance with the LAG manual. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. A field reconnaissance consisting of a visual survey will be conducted to identify previously recorded and/or unrecorded archaeological sites for the proposed project where ground- disturbing activities are expected to take place. An APE/Exemption letter will be prepared and submitted to WSDOT for approval. Rights -of -entry will be provided by the City. Deliverables 1. Electronic copies of a draft APE/Exemption Letter incorporating City comments. 2. Electronic final letter incorporating WSDOT comments will be provided to the City and WSDOT. Task 3 — Section 7 Endangered Species Act Compliance Documentation. A No Effect analysis will be prepared in accordance with WSDOT guidelines and incorporated into the ECS. The following subtasks will be undertaken in preparation of the form. 1. Conduct a field reconnaissance to investigate on -site habitat conditions. 2. Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. 3. Prepare documentation for a No Effect Determination incorporated into an ECS Deliverable Exhibit A Scope of Work for Environmental Services for EAST MARGIN WAY OVERLAY PROJECT City of Tukwila WIDENER & ASSOCIATES December 2012 :1 Page 115 SCOPE OF WORK 1. No effect analysis which will be attached to the ESC. Task 7 — ECS Services will be provided to prepare the Environmental Classification Summary (ECS) form by reviewing technical reports related to the project, applying project- specific data to the form and coordinating approval for the project by both WSDOT and FHWA. Deliverables 1. Electronic copies of the draft ECS will be provided. 2. Electronic copies of the final ECS documentation will be provided incorporating City comments. 3. Electronic copies of the final ECS documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Exhibit A Scope of Work for Environmental Services for EAST MARGIN WAY OVERLAY PROJECT City of Tukwila WIDENER & ASSOCIATES December 2012 116 2IPage Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non - Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Costs." b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140 -089 EF Exhibit D -3 Revised 3/09 117 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 118 HOUR AND FEE ESTIMATE EXHIBIT E -2 Project: City of Tukwila E. Marginal Way Overlay Norfolk to 81st Place S KPG • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total F Project Manager $ 165.00 Senior Engineer $ 143.58 Project Engineer $ 114.85 Design CAD Engineer j Technician $ 100.49 j $ 83.65 Const Survey Inspector Crew $ 94.10 $ 139.01 Senior. Admin $ 100.49 Office Admin $ 68.68 Fee Task 1 - Management /Coordination /Administration 1.1 Management and administration (estimate 4 months 1.2 QA/QC reviews Task Total 4 0 0 4 4 0 8 4 [ 0 0 0 0 0 0 0 0 0 0 0 4 ji 4 j $ 1,336.70 0 1 0 $ 1.234.33 4 4 I $ 2,571.02 Task 2 - Prepare Base Maps 2.1 Prepare Project Base Mass 2.2 Supplemental survey for ADA compliance Task Total 0 O $ 9218.41 O I $ 19,749.90 Task 3 - Prepare Bid Documents 3.1 ■Prepare 50% Plans and Estimate 4 2 ? 16 40 16 60 80 ( 0 0 2 0 4.2 4 $ 20,547.21 32 Prepare 90% Plans, Specifications, and Estimate 4 4 0 24 4 60 j 40 0 40 2 0 j 0 WSDOT Coordination 0 4 16 S 19,461.51 33 Finalize Bid Documents (32 sheets) 12 40 j 40 i$ 4,514.88 40 3 0 ( 0 ! 0 16 $ 15,441.47 3.4 3.5 Coordinate Pavement Analysis 0 0 0 l 4 Reimbursable - Re reduction 4 i 0 0 2 l 0 $ 937.52 3,111.56 Bid Period Services 2 4 ', ; 4 ' 8 8 j $ 5,780.00 Reimbursable Mileage 6 j 12 28 28 ( j j 0 $ 350.00 $ 1,000.00 2 Reimbursable - Reproduction„ (S 15,727.87 Reimbursable - GeoDesign (Pavement Analysis) ( j j j $ 26,080.00 Task Total 14 56 j 144 152 1 172 i 0 0 2 40 S 86,929,26 Task 4 - Perrnittinq and Agencv Coordination 4.1 Utility; Coordination 2 ? 4 4 16 8 0 0 0 2 1 $ 3,778.10 4.2 Coordinate NEPA documentation 2 0 0 4 4 0 F 0 ( 2 2 1 $ 1,404.89 4.3 WSDOT Coordination 2 4 8 8 16 0 0 0 8 i$ 4,514.88 Reimbursable - Mileage ! j i ( $ 50.00 Reimbursable - Re reduction ( ! $ 200.00 Reimbursable - Widener (NEPA documentation) j $ 5,780.00 I Task Total 6 8 12 28 28 ( 0 j 0 2 12 (S 15,727.87 Total Estimated Fee: $ 124,978.05 1/7/2013 120 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Geollesigii ..- __P.avetnent_ csting.and...Analysis_..... Widener... &.Associates._. -_NEP 4...Documentation DOT Form 140 -089 EF Exhibit G Revised 6/05 121 For: KPG - Nelson Davis Exhibit G -2 East Marginal Way Overlay Project City of Tukwila Cost Estimate From: Widener Associates 122 Project Manager Project Biologist Hours Hours Task 1 - Data Collection DNR 0 4 WDFW 0 4 Site Visit/Survey 4 4 Task 2 - APE Exemption APE 4 8 Task 3 — Compliance Documentation for No Effect Documentation 2 6 Task4 —ECS Draft 2 12 Final 2 6 Total hours 14 44 Summary Hours Rate Cost Project Manager 14 $140.00 $1,960.00 Project Biologist 44 $86.80 $3,819.20 Expense Total Labor $5,779.20 TOTAL ESTIMATED COST $5,779.20 122 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub- consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and /or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-089 EF Exhibit H Revised 6/05 123 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 124 Exhibit 1 Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit 1 Revised 8/05 125 126 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region DOT Form 140 -089 EF Exhibit J Revised 6(05 127 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. if necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 128 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140 -089 EF Exhibit K Revised 6/05 129 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 130 I hereby certify that I am representative of the firm of KPG firm 1 here represent has: Exhibit M -1(a) Certification Of Consultant Project No. Local Agency and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 8105 131 132 Exhibit M -1(b) Certification Of Agency Official 1 hereby certify that I am the AGENCY Official of the Local Agency of dsf Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 Signature 133 134 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 135 136 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): G (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 137 138 Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of are accurate, complete, and current as of the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. . This certification includes Firm KPG Name sadfasd Title Date of Execution * ** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). Insert the day, month, and year when price negotiations were concluded and price agreement was reached. ** * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140 -089 EF Exhibit M-4 Revised 6/05 139 140 TRANSPORTATION COMMITTEE - Meeting Minutes January 15, 2013 — 5:00 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffie and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, David Cline, and Gail Labanara CALL TO ORDER: The meeting was called to order at 5:07 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2013 Transportation Work Plan The 2013 Work Plan for the Transportation Committee was presented. The new project for ADA Improvements will include the TIB mid -block crosswalk improvements. Kate will be the SCATBd representative and will update the Committee and Council on the regional transportation issues along with Bob. Joe suggested that guardrails along 42nd Ave S near the Community Center be considered as an item for consideration as we have had recent issues with vehicles entering the Duwamish and Green River. Bob will look at accident reports, engineering standards, and potential cost estimates and return to Transportation Committee. B. Overlay and Repair — East Marginal Way S Project Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc for the design of the Overlay and Repair of East Marginal Way South from South 80 Place to Norfolk Street in the amount of $124,978.05. KPG was selected for the design of the 2013 Overlay and Repair Program and their contract was approved by Council on November 5, 2012. The East Marginal Way portion was originally scheduled in the 2013 Overlay & Repair Program, however with the award of federal grant funds, a separate contract is now needed to be processed with KPG. Joe requested that we might include a field trip when the project is completed and Kate inquired on the timeline of the construction, which is estimated for July through October, 2013. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 CONSENT AGENDA. C. Consultant Agreement: Interurban Avenue South Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc for the final design of the Interurban Ave S Street Improvement Project from South 143rd St to Fort Dent Way in the amount of $348,869.87. KPG completed 90% of the design and additional work is necessary to complete the design before construction can be advertised for bid. A budget discussion included the reduction in grant funding and the Public Works Trust Fund loan. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 CONSENT AGENDA. 141 142 COUNCIL AGENDA SYNOPSIS Initials Meetin, Date Pr oared 6 Maair''s review Council review 01/22/13 BG arte&FAM IN I WE ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date /1 Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance C Fire ❑ IT ❑ P &R ❑ Polite /1 PW SPONSOR'S This contract is for final design of the Interurban Ave S street improvements from South SUMMARY 143rd St to Fort Dent Way. The original design contract with KPG had expired and with new grant construction funding, this final design contract is needed. The final design contract will also look for efficiencies, redesign a portion of the storm drainage system, and include LED streetlights. Council is being asked to approve the design contract with KPG, Inc. in the amount of $348,869.87. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 01/15/13 COMMITTEE CHAIR: KATE /1 Transportation ITEM INFORMATION ITEM No. 5.F. 143 STAFF SPONSOR: BOB GIBERSON ORIGINAL. AGENDA DATE: 01/ 22/13 AGENDA ITEM TITLE Interurban Ave S - Consultant Agreement with KPG, Inc. for final design CATEGORY ❑ Discussion Mfg Date Motion Date 01/22/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date /1 Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance C Fire ❑ IT ❑ P &R ❑ Polite /1 PW SPONSOR'S This contract is for final design of the Interurban Ave S street improvements from South SUMMARY 143rd St to Fort Dent Way. The original design contract with KPG had expired and with new grant construction funding, this final design contract is needed. The final design contract will also look for efficiencies, redesign a portion of the storm drainage system, and include LED streetlights. Council is being asked to approve the design contract with KPG, Inc. in the amount of $348,869.87. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 01/15/13 COMMITTEE CHAIR: KATE /1 Transportation Cmte ❑ Planning Comm. KRULLER RECOMMENDATIONS: SPoNsoR /ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE ExPENDI'I'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $348,869.87 $348,869.87 $0.00 Fund Source: 104 ARTERIAL STREETS & 412 SURFACE WATER (PAGES 15, 138, & 16, 2013 CIP) Cotmnents: MTG. DATE RECORD OF COUNCIL ACTION 01/22/13 MTG. DATE ATTACHMENTS 01/22/13 Informational Memorandum dated 01/11/13 2013 CIP, pages 21, 138, and 16 KPG Contract, Scope of Work, and Fee Minutes from the Transportation Committee meeting of 01/15/13 143 144 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: January 11, 2013 SUBJECT: Interurban Avenue South — S 143rd St to Fort Dent Way Project No. 90310402 Consultant Agreement ISSUE Execute a contract with KPG, Inc. in the amount of $348,869.87 to finalize design for the Interurban Ave S (S 143rd St to Fort Dent Way) street improvement project. BACKGROUND Design for the proposed improvements on Interurban Ave S from S 143rd St to Fort Dent Way began in 2004. The design phase was the only phase that was funded at that time. The design was developed to approximately 90% completion and shelved until construction funding was obtained. Grant applications have been pursued since 2007 without success. In 2012, construction funding was finally obtained, so final completion of the design is necessary. The original contract with KPG, Inc. has expired and a new contract is necessary. DISCUSSION KPG has provided the attached contract, scope of work, and fee estimate to complete design of Interurban Ave S and advertise for construction bids. Additional budget is needed to re- design a portion of the storm drainage system (including water quality and detention) that is necessary due to private development and also to update the project to include new LED energy efficient street lights. Supplemental funding is proposed from the Interurban Right -of Way budget, the Surface Water fund and the Annual Traffic Signal Program. FINANCIAL IMPACT Design Contract Interurban Ave — Design (CIP page 21) Interurban Ave — ROW (CIP page 21) Storm Water Quality Retrofit (CIP page 138) Annual Traffic Signal Program (CIP page 16) Totals Contract $348,869.87 $348.869.87 Budget $250,000.00 38,869.87 30,000.00 30,000.00 $348,869.87 RECOMMENDATION Council is being asked to approve the design contract with KPG, Inc. for the design of Interurban Ave S (S 143rd St to Fort Dent Way) in the amount of $348,869.87 and consider this item on the Consent Agenda of the January 22, 2013 Regular Meeting. Attachments: 2013 CIP pages 21, 138, and 16 KPG Contract, Scope of Work and Fee Estimate W:IPW EngIPROJECTSIA- RW & RS Projects \Interurban Ave S (90310402)1Info Memo Consult Contract gl.docx 145 146 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402 DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting. JUSTIFICATION: Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and pavement failure is accelerating. STATUS: Completed 90% of design in 2010. Federal STP construction grant submitted in 2012. City received a PWTF loan in 2012, dependent on State legislature in 2013. MAINT. IMPACT: Reduce annual pavement repairs and increase pedestrian safety. COMMENT: Federal Hwy STP Grant of $389,000 for design. State TIB grant of $5m, proposed Federal grant $3m, PWTF of $2.5m and $550,000 in developer mitigation. FINANCIAL Through Estimated 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Project Location 11, , 31r` --� "�t \ �1i -° 00 Stye Design 464 ! 5 ° 250 � En el ♦ S 51395 tit m �f/ ///, /sue e ,✓' /. 714 Land (R/W) D D gg CO a a+ 4 4 i a 4 N ♦h 47.5{ 1 ' C. S i -06 St 150 ;/ 3150 St _ n � ib � oa € �`. _ - tb2Stf a 't``�p, ♦��i dY I51.� p -, 4+c�+nr 1 v ♦F S�15S St � s t66 a 0 , 150 Const. Mgmt. 1,300 1,300 Construction 9,400 9,400 TOTAL EXPENSES 464 0 400 10,700 0 0 0 0 0 11,564 FUND SOURCES Awarded Grant 389 5,000 5,389 Proposed Grant STP 3,050 3,050 Mitigation 550 550 PWTF Loan 400 2,100 2,500 City Oper. Revenue 75 0 0 0 0 0 0 0 0 75 TOTAL SOURCES 464 0 400 10,700 0 0 0 0 0 11,564 2013 - 2018 Capital Improvement Program 21 147 Project Location 11, , 31r` --� "�t \ �1i -° 00 Stye S 13. St Lilt ! 5 ° q 137 _, � En el ♦ S 51395 tit m �f/ ///, /sue e ,✓' /. S 144 0. S 1i 6 St \\ St L j to I— i... ir'. D D gg CO a a+ 4 4 i a 4 N ♦h 47.5{ 1 ' C. S i -06 St ;/ 3150 St _ n � ib � oa € �`. _ - tb2Stf a 't``�p, ♦��i dY I51.� p -, 4+c�+nr 1 v ♦F S�15S St � s t66 a 0 , T Tukwila Pkwy S160 St Li 2013 - 2018 Capital Improvement Program 21 147 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Storm Water Quality Retrofit Program Project No. 91241202 DESCRIPTION: Design and install water quality vaults at selected drainage locations throughout the City. JUSTIFICATION: NPDES permit requirements to improve water quality. New projec for 2013 2O1VC|P. Two candidates have been identified; water quality vaults (WQV) STATUS: for 4Vth Ave 8 and G122ndSt. MA\NT.|MPACT: Expected to increase maintenance. COMMENT: Combine with other CIP projects for design and construction, where feasible. FINANCIAL Through Estimated 2 12 2013 2014 2015 2016 2017 2018 BEYOND TOTAL `—' — EXPENSES Design 15 15 15 15 15 15 15 105 Land (RAN) 0 Const. Mgmt. 15 15 15 15 15 15 15 105 Construction 80 80 00 80 80 80 80 560 TOTAL EXPENSES 0 0 110 110 110 110 110 110 110 770 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 0 110 110 110 110 110 110 110 770 TOTAL SOURCES 0 0 110 110 110 110 110 110 110 770 Project Location: Entire System 2013 2018 Capita Improvement Program 148 138 2012 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Annual Traffic Signal Program Project No 91210404 Design and construc traffic signal upgrades and n:pairsofsignals that exceed routine maintenance work; DESCRIPTION: loop replacement, head replacement, and controllers. Replace direct bury cable for existing Iighting system. City is adding traffic signals to inventory every year. New traffic control center will warrant an additional staff JUSTIFICATION: person to be fully operational. LEDs are ona4to5 year replacement cycle. Work includes adding additional signal heads, luminaires, loop STATUS' ' repairs, and controller upgrades. Reduces maintenance costs. Preventative maintenance on every traffic signal is required to be completed MA|NT IMPACT: � quartedy. COMMENT: Ongoing project, only one year actuals shown in first column. Budget reduction in 2011 and 2012. FINANCIAL Through Estimated 2013 2014 2015 2016 2017 2018 BEYOND TOTAL `-' , EXPENSES Design 0 Land (�� 0 Const. Mgmt. 0 Construction 50 50 150 100 105 115 115 120 120 925 TOTAL EXPENSES 50 50 1*0 100 105 115 115 120 120 925 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Impact Fees 0 City Opu,.Revenue 50 50 150 100 105 115 115 120 120 925 TOTAL SOURCES 50 50 150 100 105 115 115 120 120 925 Project Location: Entire System x~~ 2013 2018 Capita Improvement Program 16 150 Local Agency Standard Consultant Agreement Consultant/Address /Telephone KPG 753 9th Avenue North Seattle, WA 98109 206.286.1640 ►� Architectural /Engineering Agreement ❑ Personal Services Agreement Agreement Number Project Title And Work Description interurban Avenue South Fort Dent Way to S 143rd Street Final Design Services and Bid Document Preparation. Federal Aid Number Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % DBE Participation ° /o Overhead Cost Method ❑ Actual Cost ❑ Actual Cost Not To Exceed % ❑ Yes ►� No Federal ID Number or Social Security Number 91- 1477622 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? ❑ Yes No Completion Date December 31, 2013 Fixed Fee $ Total Amount Authorized $ Management Reserve Fund $ Maximum Amount Payable $ 348,869.87 ►� Specific Rates Of Pay ►5 Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ Cost Per Unit of Work 348,869.87 Index of Exhibits (Check all that apply): ® Exhibit A -1 Scope of Work ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit B -1 DBE Utilization Certification ❑ Exhibit C Electronic Exchange of Data ❑ Exhibit D -1 Payment - Lump Sum ❑ Exhibit D -2 Payment - Cost Plus ® Exhibit D -3 Payment - Hourly Rate ❑ Exhibit D -4 Payment - Provisional ❑ Exhibit E -1 Fee - Lump/Fixed /Unit ® Exhibit E -2 Fee - Specific Rates ❑ Exhibit F Overhead Cost ® Exhibit G Subcontracted Work ❑ Exhibit G -1 Subconsultant Fee ® Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit G -3 Sub Overhead Cost Z Exhibit H Title VI Assurances ® Exhibit I Payment Upon Termination of Agreement ® Exhibit J Alleged Consultant Design Error Procedures ® Exhibit K Consultant Claim Procedures ® Exhibit L Liability Insurance Increase ® Exhibit M -la Consultant Certification ® Exhibit M -lb Agency Official Certification ® Exhibit M -2 Certification - Primary Z Exhibit M -3 Lobbying Certification ® Exhibit M -4 Pricing Data Certification ❑ App. 31.910 Supplemental Signature Page THIS AGREEMENT, made and entered into this between the Local Agency of and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Revised 3/2008 Page 1 of 8 day of , Washington, hereinafter called the "AGENCY" , 151 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and /or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. If D /M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. if the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 152 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and /or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the perfornance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 153 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. Page 4 of 8 154 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K ". XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5 of 8 155 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 156 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terns and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (I) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terns and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 157 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By Consultant Agency DOT Form 140 -089 EF Revised 3/2008 158 Page 8 of 8 EXHIBIT A -1 City of Tukwila Interurban Avenue S Fort Dent Way to S 143rd Street Scope of Work January 8, 2013 PROJECT DESCRIPTION The Consultant shall prepare final Plans, Specifications and Estimates for Interurban Avenue S between Fort Dent Way and S 143`d Street. This project recently received state and federal grant funds from the Puget Sound Regional Council (PSRC) and Transportation Improvement Board (TIB). Interurban Avenue S Plans were completed to approximately the 90% design level in 2010; however, a number of design revisions are required in order to meet funding requirements and to coordinate with recent and planned utility upgrades and development along the corridor. These include: • Revised drainage design to match developer frontage and meet current code requirements. • Installation of LED illumination system to meet funding requirements. • Revised water system design in coordination with recent sewer system upgrades. The project also includes preparation of required environmental documentation and right of way acquisition in accordance with federal funding requirements. The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukwila Interurban Avenue S Page 1 of 3 KPG, Inc. January 8, 2013 159 SCOPE OF WORK TASK 1 — MANAGEMENT /COORDINATION /ADMINISTRATION 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 8 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (4) meetings. • The Consultant shall provide monthly status reports and billings. 1.2 The Consultant shall provide independent QA/QC reviews by senior in -house staff of all deliverables prior to submittal to the City. TASK 2 — PREPARE FINAL PLANS, SPECIFICATIONS, AND ESTIMATES 2.1 The Consultant shall update project Plans and Technical Information Report (TIR)for 90% Review by the City. The Plans will be updated to incorporate design changes associated with recent development activity, recent sanitary sewer installations, changes in drainage policy, and to incorporate requirements of grant award. These changes include the following major revisions to the previous design: • Revise drainage design and TIR to incorporate recent developer improvements and incorporate required detention and treatment design. Filterra treatment units will be located to meet water quality treatment requirements for the project. This work is necessary to complete environmental documentation included in Task 2.3. • Revise water design to provide minimum clearance from new sanitary sewer. • Revise illumination design and layout to utilize LED technology. This is a requirement of the TIB grant funds. 2.2 The Consultant shall incorporate City comments and prepare final Plans and TIR for the proposed improvements for advertisement by the City. 2.3 The Consultant shall coordinate with the structural subconsultant CivilTech to finalize wall plans and specifications. 2.4 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for the 90% and Final Submittal. 2.5 The Consultant shall prepare the Contract Specification per 2012 WSDOT Standard Specifications. 2.6 The Consultant shall distribute 90% review submittals to franchise utility owners for utility relocations required by the franchise utilities within the Project limits. 2.7 The consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award. City of Tukwila Interurban Avenue 5 Page 2 of 3 160 KPG, Inc. January 8, 2013 TASK 3 — ENVIRONMENTAL DOCUMENTATION 3.1 The Consultant shall coordinate with subconsultant Widener and Associates to perform environmental documentation that is required by the grant funding source. Environmental documentation will be performed with the scope of services in Attachment 1 to this scope of services. TASK 4 — RIGHT OF WAY ACQUISITION 4.1 The Consultant shall prepare right of way plans in accordance with federal funding requirements. Right of way plans will be updated to reflect Maule Avenue vacations and 90% design layout. 4.2 The Consultant shall prepare legal descriptions and exhibits for necessary right of way and easements. 4.3 The Consultant shall provide coordination and support for the right of way acquisition process. Acquisition services will be performed by Abeyta and Associates under subcontract to the consultant in accordance with the scope of work included in Appendix A. Assumptions • FHWA federal funding is anticipated for the Project construction. • Franchise utility relocation design and construction will be performed by the utility owners. • Undergrounding of aerial utilities is not anticipated. Deliverables • File copies of all environmental documents. • Copies of the final right of way file. • Copies of all utility correspondence. • 90% review submittal with Plans, Specifications, and Estimate (5 copies). • Final Plans, Specifications and Estimates (10 copies half size, 2 copies full size). • .pdf upload of Bid Documents to bxwa.com. City of Tukwila Interurban Avenue 5 Page 3 of 3 KPG, Inc. January 8, 2013 161 162 EXHIBIT A -1 ATTACHMENT 1 ENVIRONMENTAL Documentation AND PERMITTING Interurban Avenue Reconstruction The City of Tukwila is planning to reconstruct a section Interurban Avenue. This Scope of Work is intended to complete the NEPA documentation and federal permitting for the project. It is anticipated that the following environmental documentation will be required: • Section 106 Documentation • Biological Assessment • Environmental Justice • Hazmat Memo • Environmental Classification Summary • Hydraulic Project Approval • Shoreline Permit 106 Report (Cultural and Historic Resources) This work would include the preparation of the Section 106 report in accordance with the State Historic Preservation Office standards and guidelines. The work will include the following subtasks. 1. Pertinent literature on the archaeology, ethnography, and history of the project area will be reviewed to determine the existence of archaeological sites and to refine the probability of archaeological resources and traditional cultural places in the project areas. 2. Widener will maintain contact with the local tribes through WSDOT for any information on historic Indian use of the project area. 3. A systematic field reconnaissance will be conducted to identify previously recorded and /or unrecorded archaeological sites for the proposed project where ground- disturbing activities are expected to take place. Field reconnaissance will consist of the traverse of pedestrian transects at varying intervals, depending on terrain throughout the proposed project area. Shovel probes (digging a hole with a shovel) will be excavated, as deep as feasible, and in areas expected to have a high probability for cultural resources. Shovel probes will be augmented through auger probes to explore the deepest possible deposits. Shovel probes will be screened in highly probable areas and in soil matrixes too dense to identify small chipping debris. 4. All new sites will be mapped, photographed, and recorded on Washington State Archeological Inventory forms and submitted to the state Office of Archeological and Historic Preservation (OAHP) for Smithsonian numbers. Every effort will be made to include Tribal cultural resources personnel in assisting the field effort. Rights -of -entry will be provided by the City. 163 EXHIBIT A -1 ATTACHMENT 1 Biological Assessment A Biological Assessment (BA) will be prepared for the preferred alternative in accordance with WSDOT guidelines. The following subtasks will be undertaken in preparation of the project BA. 1. Collect available documentation concerning the project activities and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high - quality ecosystem data from WDNR. This information will be reviewed and a consultation strategy will be developed. 2. Initiate informal consultation with United States Fish and Wildlife Service (USFWS) and National Oceanographic and Atmospheric Administration (NOAA) Fisheries by preparing written requests for lists of endangered, threatened, proposed, and candidate species. 3. Conduct a field reconnaissance to investigate on -site habitat conditions. 4. Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. 5. Prepare a draft BA addressing listed species, proposed species, candidate species, species of concern, and critical habitat. The BA will include a project description, a list of species, a description of the species and their habitat, an analysis of project effects, and mitigation recommendations. 6. Provide the draft BA to the City for review and approval. 7. Revise the BA, as appropriate, and submit the final BA to USFWS and NOAA Fisheries for their review, possible negotiation of mitigation measures, and concurrence. 8. Concurrent with Endangered Species Act (ESA) consultation, the Consultant will coordinate with NOAA Fisheries to meet Essential Fish Habitat (EFH) requirements under the Magnuson- Stevens Fishery Conservation and Management Act (MSA), as amended 1996. In doing so, the Consultant will provide NOAA Fisheries with the BA and a cover letter requesting the initiation of consultation, stating the effect determination(s), reasoning behind them, and proposed mitigation measures if any. 9. If NOAA Fisheries responds with advisory EFH conservation recommendations, the Consultant will coordinate with the City and FHWA to jointly discuss the recommendations. 10. Formally address and respond to NOAA Fisheries' recommendations within the regulated time frame. Deliverables 1. Three copies of a draft BA for review by City with accompanying draft special provisions if required. 164 2. Three copies FI-IW A/W SD 3. Three copies for submittal 4. Three copies comments. EXHIBIT A -1 ATTACHMENT 1 of a draft BA, incorporating the City's comments, for submittal to OT. of a revised draft BA, incorporating comments by FHWA/WSDOT, to NOAA Fisheries and USFWS. of a final BA that incorporates NOAA Fisheries and USFWS Environmental justice Survey Services required to complete an Environmental Justice (EJ) analysis includes the following main components: 1. Collecting demographic data for the project area using local data sources and the US Census Data. 2. Identifying any environmental justice populations in the area (minority or low - income populations). 3. Review public outreach activities to ensure potential EJ populations are offered an opportunity to participate in project planning and decision - making. 4. Identifying any potential disproportionate effects to EJ populations from project activities and identifying how impacts could not be avoided or minimized and what mitigation measures could be implemented. Deliverables 1. Three copies of the draft EJ documentation will be provided. 2. Three copies of the final EJ documentation will be provided incorporating City comments. 3. Three copies of the final EJ documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Hazardous Materials Memo A Hazardous Materials Memo will be prepared to evaluate the presence, or likely presence, of potential hazardous substances within the physical limits of the project that would have an effect on the overcrossing project. Sites with potential for environmental issues /impacts include those that indicate current or past uses as service stations, battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel or chemical storage tanks or drums present; or those with strong pungent or noxious odors. The scope of services for this study will include 1. A review of the results of a federal, state, and local environmental database search provided by an outside environmental data service for listings of known or suspected environmental problems at the sites or nearby properties within the search distances specified by WSDOT. 165 EXHIBIT A -1 ATTACHMENT 1 2. A review of historical aerial photographs, fire insurance maps, city directories, chain -of -title reports, and tax assessor records, as available and appropriate, to identify past development history on the parcels relative to the possible use, generation, storage, release, or disposal of hazardous substances. An attempt to identify uses of the sites from the present to the time that records show no apparent development of the site, or to 1940, whichever is earlier. 3. Conduct of a visual reconnaissance of the parcels and adjacent properties to identify visible evidence of potential sources of contamination. . 4. A letter report that will summarize the results of this study. The letter report will briefly discuss the project activities and include a table ranking the parcels (low, moderate, high) by their potential for contamination from either on -site or off - site sources. A draft letter report will be provided for review and comment. Upon receiving comments, the letter will be modified as appropriate and made final. Deliverables 1. Three copies of the draft Hazmat Memo will be provided. 2. Three copies of the Hazmat Memo will be provided incorporating City comments. 3. Three copies of the final Hazmat Memo will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. Environmental Classification Summary Services will be provided to prepare the Environmental Classification Summary (ECS) form by reviewing technical reports related to the project, applying project - specific data to the form and coordinating approval for the project by both WSDOT and FHWA. Deliverables 1. Three copies of the draft ECS will be provided. 2. Three copies of the final ECS documentation will be provided incorporating City comments. 3. Three copies of the final ECS documentation will be provided incorporating WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA comments will not alter the basic conclusion of the documentation or require further alternative studies. 166 EXHIBIT A -1 ATTACHMENT 1 Permits Widener will assemble and organize all necessary environmental permit applications to a standard acceptable by the permitting agencies. Anticipated permits include the following: 1. Shoreline Permit 2. HPA Permit Permit applications shall include all requested information, such as application forms, all necessary permit drawings, an attachment describing project location, project purpose and need, alternatives considered, and a summary of project impacts. The Consultant Widener shall also provide a draft transmittal :letter for submittal of the application by the CITY. Draft applications, including supporting information, shall be submitted to the CITY for review and comment. Revised permit applications shall be provided to the CITY for signature and submittal to permitting agencies. The Consultant shall perform the necessary coordination to obtain the permits. Project Schedule: It is anticipated the NEPA approval will be obtained by March 1`" of 2013 and the necessary permits will be completed May 1st of 2013 167 168 EXHIBIT A -1 ATTACHMENT 2 STATEMENT OF WORK EXECUTIVE SUMMARY This proposal is prepared for KPG to provide turnkey right -of -way acquisition services for the proposed street improvement project titled Interurban Ave South Street Improvements. These services will be furnished in accordance to the state and federal laws, the FHWA regulations, the Local Agency Guidelines Manual, and the Washington State Right of Way Manual (M26 -01). The overall right -of -way acquisition objectives are: 1. As Agent for the City of Tukwila, negotiate for right -of -way strips in fee and temporary property rights. 2. As Agent for the City of Tukwila, determine property values for each parcel requiring fee or permanent easement rights 3. As Agent for the City of Tukwila, assist the City of Tukwila with the acquisition process, certification, and preparation of forms. A specific list of Performance Objectives is outlined in the following paragraphs. CURRENT SITUATION The City of Tukwila is proposing to widen Interurban Ave South. The properties involved in this proposal include those properties situated adjacent to the road. A cursory search identifies 28 parcels in the project area and the owners are identified in Exhibit A. SPECIFIC OBJECTIVES The key objectives for this project include: 1. Inspect and prepare a Preliminary Survey Report for each parcel; 2. Identify fee interest ownership for each parcel; 3. Prepare and setup acquisition files for each parcel; 4. Prepare or obtain 5 administrative offer summaries and 4 appraisals and review appraisal reports; 5. Prepare WSDOT approved acquisition forms needed to obtain property rights. This proposal does not include condemnation forms; 6. Negotiate and assist in obtaining signatures from all parties in fee title: (28) Parcels; 3 attempts for each parcel; 7. Prepare justification reports for administrative settlements — (3) Parcels; 8. Maintain diaries for each parcel — 28 parcels; 9. Assist in obtaining clear title of property and /or property rights, which the City of Tukwila determines to be reasonable or will adversely impact the rights being acquired — (9) parcels; 10. Assist in delivering funds to the property owners — (9) parcels; and 11. Deliver completed files to the City of Tukwila — (28) parcels. PROJECT SCOPE EXCLUSIONS 1. Those services related to obtaining releases of encumbrances from title, which require legal action; 2. The actual filing of condemnation and subsequent litigation; 3. Certain closing costs such as transfer taxes, title reports, recording fees, penalty costs for pre - payments cost of a pre- existing mortgage, partial reconveyance fees, the pro rate share of real property taxes paid subsequent to vesting title to the City; 4. Relocation Services; 5. Continuing negotiations for those parcels listed for condemnation; 6. Appraisal and review for condemnation purposes and for additional reports; and 7. Legal descriptions. 169 EXHIBIT "A" 170 1. 1332500000 2. 3597000461 3. 3597000420 4. 3597000446 5. 3597000445 6. 3597000447 7. 3597000440 8. 3597000022 9. 3597000021 10. 359700023 11. 3365901365 12. 3365901370 13. 3365901390 14. 3365901395 15. 3365901400 16. 3365901405 17. 3365901415 18. 3365901420 19. 3365901425 20. 2954900420 21. 0003200009 22. 3597000006 23. 0003200006 24. 3365901630 25. 3365901605 26. 3365901570 27. 002800013 28. 0002800007 Canyon Estates Condos Maple Crest Apartments MVM Partners Bogovich, Mele Bogovich, Mele Bogovich, Mele Kim, Jae U QWEST Corp (Century Link ?) Hillcrest Tukwila LLC Teamsters Building Assoc Teamsters Building Assoc Two Brothers LLC Red House Properties LLC Metro Land Development Inc Metro Land Development Inc Metro Land Development Inc Segale Properties LLC Maschmedt, Anthony & Abbey Baum, Pamela J Bain & Wells Schneider, Lyle D Schneider, Lyle D Krussel, Robert H & Arlene C Sanft, Louie AOS Sanft, Louie Sanft, Louie Magellan Creek Partners LLC Knudson, Jerry Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. I. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.205 -46 "Travel Costs." b. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. d. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." DOT Form 140 -089 EF Exhibit D -3 Revised 3/09 171 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 172 HOUR AND FEE ESTIMATE Project: City of Tukwila Interurban Avenue S - Fort Dent Way to S 143rd Street EXHIBIT E -2 KPG • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee Project Manager $ 165.00 Senior Engineer $ 143.58 Project Engineer $ 114.85 Design CAD Engineer Technician $ 100.49 $ 83.65 Const Inspector $ 94.10 Survey Crew $ 139.01 Senior Admin $ 100.49 Office Admin $ 58.11 Fee Task1 - Mane emenUcoordination /administration 1.1 Management and administration (estimate 6 months) 16 0 0 0 0 0 0 6 16 $ 4,172.69 1.2 QA/QC reviews 16 16 0 0 0 0 0 0 0 $ 4,937.30 Reimbursable expenses - see breakdown for details 4 8 12 0 8 0 0 2 0 $ 100.00 Task Totals 32 16 0 0 1 0 1 0 0 6 16 $ 9,209.99 Task 2 - Prepare Final Plans, Specifications, and Estimate 2.1 Prepare 90% Plans and Draft TIR 16 100 160 200 240 0 0 0 16 $ 76,477.29 2.2 Prepare Final Plans and TIR 20 80 120 180 200 0 0 0 20 $ 64,548.35 2.3 Structural coordination 4 8 12 0 8 0 0 2 0 $ 4,057.04 2.4 Project Cost Estimates 4 8 12 12 10 0 0 0 0 $ 5,229.22 2.5 Project Specifications 8 24 40 24 0 0 0 0 8 $ 12,236.69 2.6 Utility Coordination 4 16 40 16 24 0 0 0 8 $ 11,631.64 2.7 Bid Period Support 4 4 16 8 8 0 0 0 8 $ 5,009.94 Reimbursable expenses - see breakdown for details $ 30,700.00 Task Total 60 240 400 440 490 0 0 2 60 $ 209,890.16 Task 3 - Environmental Documentation 3.1 Environmental coordination and support Reimbursable expenses - see breakdown for details Task Total 0 24 0 24 0 0 2 8 4 0 24 0 24 0 0 2 8 $ 6,089.84 $ 54,150.00 S 60,239.84 Task 4 - Right of Way Acquisition 4.1 Prepare Right of Way Plans 2 8 40 24 40 0 8 0 0 $ 12,942.46 4.2 Prepare Legal Descriptions and Exhibits 0 8 40 16 20 0 0 0 8 $ 9,488.40 4.3 Right of way coordination and support 4 24 40 0 20 0 0 2 8 $ 11,038.86 Reimbursable expenses - see breakdown for details $ 96,300.00 Task Total 6 40 120 40 80 0 8 2 16 $ 129,769.72 Total Estimated Fee: $ 348,869.87 1/7/2013 HOUR AND FEE ESTIMATE EXHIBIT E -2 Project: City of Tukwila Interurban Avenue S - Fort Dent Way to S 143rd Street KPG • Architecture • Landscape Architecture • Civil Engineering • Reimbursable Breakdown Cost Task1 - Management/coordination /administration Mileage $ 50.00 Reproduction $ 50.00 Task 1 - Total $ 100.00 Task 2 - Prepare Final Plans, Specifications, and Estimate Structural Support - CivilTech $ 23,000.00 Geotechnical Allowance - Landau Associates $ 6,000.00 Mileage $ 200.00 Reproduction $ 1,500.00 Task 3 - Total $ 30,700.00 Task 3 - Environmental Documentation Environmental Documents - Widener & Associates $ 54,000.00 Mileage $ 50.00 Reproduction $ 100.00 Task 3 - Total $ 54,150.00 Task 4 - Right of Way Acquisition Right of Way - Abeyta & Associates $ 96,000.00 Mileage $ 100.00 Reproduction $ 200.00 Task 4 - Total $ 96,300.00 Total Reimbursable Costs: $ 181,250.00 1/7/2013 Exhibit G Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Wiclener & Associates - Environmental Documentation Abeyta_& Associates - Right of Way Services CivilTech— Structural Engjneering Services Landau Associates - Geotechnical Services DOT Form 140 -089 EF Exhibit G Revised 6/05 175 Exhibit G -2 Environmental Cost Estimate City of Tukwila 176 A triterud.rmr Avt'rrue C D E 1 Project Manager Project Biologist 2 Hours Hours 3 4 Biological Assessment 5 Draft 24 100 6 Final 12 24 7 WSDOT Review 4 8 8 9 Section 106 report 10 APE Coordination 8 8 11 Draft 4 8 12 Final 4 8 13 14 Environmental Justice 15 Draft Report 8 24 16 Final Report 4 12 17 18 Environmental Classification Summary (ECS) 19 Draft 4 12 20 Revise Draft 2 4 21 Final/WSDOT Approval 4 4 22 23 Hazmat Memo 24 Draft 16 40 25 Final 4 16 26 27 Permits 28 HPA Application Draft 12 24 29 HPA Application Final 8 12 30 Shoreline Permit Draft 16 16 31 Shoreline Permit Final 8 4 32 33 Total hours 142 324 34 35 Summary Hours Rate Cost 36 Project Manager 142 $140.00 $19,880.00 37 Project Biologist 324 $86.80 $28,123.20 38 39 Total Labor $48,003.20 40 41 Cultural Resources Report $5,500 42 43 TOTAL ESTIMATED COST $53,503.20 44 45 46 47 48 49 176 Prepard for: KPG, Inc m 1: Project Administration Prop Mgt sct+ -7 /3 /T 6 - 2 Proposal Interurban Ave South Street Improvement Project Admin PM / Sr. Acq Agent Acq Agent SR Acq Agent Title REO Escrow Total Coord w /City of Tukwila & KPG 0 0 20 0 0 0 0 0 752 20 Certification Assistance - 0.00 75,200.00 8 0 0 0 0$ 75,200.00 8 Clerical - 0 Contract Admin - 5 5 Administrative Offer Summaries /PFE 50 50 Progress Reporting - 10 10 Project Funding Estimate n/a 0 Coord w /Subconsultants - 4 4 Hours: Direct Labor $: 0 0 97 0 0 0 0 0 97 0.00 9,700.00 0.00 $ 9,700.00 Item 2: Right -of -Way Acquisition Title & App Rev- 84 84 Pre - Offer /File Setup 119 119 Negotiations - 28 Parcels 275 275 Clearing Title - 98 98 Condemn Support - n/a 0 Data /file maintenance & delivery 79 79 Hours: Direct Labor $: 0 0 655 0 0 0 0 0 655 0.00 65,500.00 0.00 $ 65,500.00 Direct Labor Totals: Hours: 0 0 752 0 0 0 0 0 752 Dollars: 0 0.00 75,200.00 0.00 0 0 0 0$ 75,200.00 Per Parcel Breakdown: 19 ROE Acquisitions 4 - Fee Takes w /Appraisals 5 - Fee Takes and/or Easement w /AOS Reports 1 - PFE Abeyta Associates 11/13/2012 Direct Salary Cost: $ 75,200.00 Direct Labor Rate: Audited Overhead Rate: Profit: Composite Multiplier: n/a n/a n/a *Total Labor Fee: $ 75,200.00 Expenses: Review Appraisals (4) $ 4,000.00 Appraisals (4) $ 13,600.00 Mileage /Travel $ 2,023.00 Reprographic, Copy, & Printing $ 250.00 Couriex Overnight Postage $ 300.00 Subtotal: $ 20,173.00 *TOTAL $ 95,373.00 Pagel PROJECT FEE ESTIMATE KPG City of Tukwila - Interurban Avenue Roadway Widening Structural Engineering Services ri CIVILTECH WORK DESCRIPTION PERSONNEL AND HOURLY RATES IELIIIMMIIIIMIIIIEMMISETIETS 551.00 $39.10 S33.25 50 Total Hours Direct Salary Cost OH 152.36% FF 10.00% DSC +OH All Inclusive Hourly Rate _ 50 Total TASK 100- BIOLOGICAL. ASSESSMENT SUPPORT 12 0 0 12 $612.00 5932.44 $154.44 51,698.89 Site Visit 3 3 $153.00 Technical Support 6 6 $306.00 Review Biological Assessment Report 3 3 5153.00 TASK 210- 90 % SUBMITTAL (UPDATE SET, 12128 /2012) 13 96 36 145 35,613.60 58,552.85 $1,416.65 515,583.13 Design Supervision & OC 13 13 5663.00 Engineering Design Luminaire -to- Soldier Pile Connection 16 16 $625.60 Re -design Selected Soldier Pile to Support Luminare 8 8 $312.80 General Review of Design Calculations 6 Other Design Updates 16 16 $625.60 Drawings Update Wall Plan & Profile (i.e., OHWM, Ex & new Grnd lines, & others) 8 8 16 $578.80 Add Soldier Pile Schedule 4 8 12 5422.40 Add Luminaire -to- Soldier Pile Connection Details 8 8 16 $578.80 General Review of Drawings & Other Drawing Updates 16 12 28 51,024.60 Update Cost Estimate 8 8 5312.80 Update Special Provisions 8 8 5312.80 Assemble Calculaien Booklet 4 4 5156.40 TASK 220 - 100% SUBMITTAL (FINAL SET, 21112013) 4 28 8 40 91,564.80 92,384.13 9394.89 54,343.82 Design Supervision & OC 4 4 5204.00 Respond to Comment Worksheet 8 8 $312.80 Update Drawings per Comments 16 8 24 $881.60 Update Special Provisions, Estimate, & Cale Booklet per Comments 4 4 $156.40 TASK 230- BID SET SUBMITTAL (2/28 /2013) 2 6 3 11 5436.35 5664.82 $110.12 91,211.29 Design Supervision & OC 1 1 $51.00 Finalize Plans, Special Provisions, Calculations & Estimate per Comments 4 2 6 5222.90 Sign Plans, Special Provisions, & Calculations 1 2 1 4 5162.45 DIRECT EXPENSES $33.30 Total Lobar 31 130 0 0 47 0 208 68,226.75 512,534.26 $2,076.10 522,870.43 Direct Expenses Reproduction 50 Mileage @ $0.555 /mi. (2 trip @ 30 miles) $33.30 Parking (0 trip @ 518) 50 Fed /Ex /Courier 50 Total $33.30 12/4/2012 178 Cost Estimate Summary Direct Salary Cost (DSC) $8,226.75 Overhead @ 152.36% x DSC 512,534.28 Fixed Fee @ 10% x (DSC + OH) $2,076.10 Direct Expenses 533.30 Grand Total 522,870.43 Interurban Ave Widening Fee Estimate (2012.12.04).x Is,/ Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non- discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non- discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and /or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 179 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. 180 Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140 -089 EF Exhibit 1 Revised 6/05 181 182 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • DOT Form 140 -089 EF Exhibit J Revised 6/05 It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region 183 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA. H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. 184 Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars; overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140 -089 EF Exhibit K Revised 6/05 185 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; Any correspondence that directed the consultant to perform the additional work; Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s); Explanation to describe what has been instituted to preclude future consultant claim(s); and Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 186 Exhibit L (To Be Used Only If Insurance Requirements Are Increased) The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $ The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self - insurance through an irrevocable Letter of Credit from a qualified financial institution. Self - insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. DOT Form 140 -089 EF Exhibit L Revised 6/05 187 188 Exhibit M -1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am and duly authorized representative of the firm of KPG whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (c) Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 189 190 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any fine or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140 -089 EF Exhibit M -1(b) Revised 6/05 191 192 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B). of this certification; and D. Have not within a three (3) year period preceding this application /proposal had one or more public transactions (federal, state, or local) terminated for cause or default. IL Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm): KPG (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 193 194 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1 00,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): KPG (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 195 196 Exhibit M -4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403 -4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of * are accurate, complete, and current as of * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Firm KPG Name Title Date of Execution * ** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., RFP No.). ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached. * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. DOT Form 140 -089 EF Exhibit M -4 Revised 6/05 197 198 TRANSPORTATION COMMITTEE - Meeting Minutes January 15, 2013 — 5:00 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Kate Kruller, Chair; Joe Duffle and Dennis Robertson Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, David Cline, and Gail Labanara CALL TO ORDER: The meeting was called to order at 5:07 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2013 Transportation Work Plan The 2013 Work Plan for the Transportation Committee was presented. The new project for ADA Improvements will include the TIB mid -block crosswalk improvements. Kate will be the SCATBd representative and will update the Committee and Council on the regional transportation issues along with Bob. Joe suggested that guardrails along 42nd Ave S near the Community Center be considered as an item for consideration as we have had recent issues with vehicles entering the Duwamish and Green River. Bob will look at accident reports, engineering standards, and potential cost estimates and return to Transportation Committee. B. Overlay and Repair — East Marginal Way S Project Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc for the design of the Overlay and Repair of East Marginal Way South from South 81st Place to Norfolk Street in the amount of $124,978.05. KPG was selected for the design of the 2013 Overlay and Repair Program and their contract was approved by Council on November 5, 2012. The East Marginal Way portion was originally scheduled in the 2013 Overlay & Repair Program, however with the award of federal grant funds, a separate contract is now needed to be processed with KPG. Joe requested that we might include a field trip when the project is completed and Kate inquired on the timeline of the construction, which is estimated for July through October, 2013. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 CONSENT AGENDA. C. Consultant Agreement: Interurban Avenue South Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc for the final design of the Interurban Ave S Street Improvement Project from South 143`d St to Fort Dent Way in the amount of $348,869.87. KPG completed 90% of the design and additional work is necessary to complete the design before construction can be advertised for bid. A budget discussion included the reduction in grant funding and the Public Works Trust Fund loan. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 CONSENT AGENDA. 199 200 COUNCIL AGENDA SYNOPSIS InZttals Meeting Date 01/22/13 Prepared by je Mayors review BG Council review t ITEM INFORMATION ITEM No. 5.G. 201 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 01/22/13 AGENDA ITEM TITLE Interurban Ave S Street Improvements Accept Federal and State Grants CATEGORY ❑ Discussion Mtg Date Motion Date 01/22/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award At Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date L At SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ .Finance n Fire ❑ IT ❑ P &R E. Police -1 PW SPONSOR'S The City was awarded a Puget Sound Regional Council federal grant of $2,145,954.00 and SUMMARY a state Transportation Improvement Board grant of $5,000,000.00 for the Interurban Ave S Street Improvement project. A City match of 13.5% is required for the federal grant and the state grant will provide a 45% match for construction. A Public Works Trust Fund loan has been tentatively approved for $2,500,000. Council is being asked to formally accept both the federal and state grants with a total of $7,145,954.00. REVII1\X'F.D I3Y ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 01/15/13 COMMITTEE CHAIR: KATE LI Transportation Cmte ❑ Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PG 21, 2013 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/22/13 MTG. DATE ATTACHMENTS 01/22/13 Informational Memorandum dated 1/11/13 2013 CIP, page 21 Federal Grant Award Notification E -mail State TIB Grant Award Notification Letter & Agreement Minutes from the Transportation Committee meeting of 01/15/13 201 202 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: January 11, 2013 SUBJECT: Interurban Ave S — S 143rd St to Fort Dent Way Project No. 90310402 Grant Acceptance for Two Grants ISSUE Accept a PSRC's federal grant in the amount of $2,145,954.00 and a Transportation Improvement Board (TIB) grant in the amount of $5,000,000.00 to construct street improvements on Interurban Ave S from S 143rd St to Fort Dent Way. BACKGROUND In 2012 City staff was authorized to submit grant funding applications for both federal and state (TIB) funds. The grant application for federal funds did not receive an award in the initial review process, but the project was placed on a contingency list. Additional federal funds became available late in 2012 and this project was awarded a portion of the City's original grant request. The grant application for state (TIB) funds was fully funded at the requested amount of $5,000,000. DISCUSSION & FINANCIAL IMPACT Following is a summary of the requested grant amounts as compared to the actual grant award amounts. The federal grant has funding at 86.5% with a 13.5% required City match and the state TIB grant will provide a 45% match for the construction phase of the project. A Public Works Trust Fund loan has been tentatively approved for $2,500,000.00 that will be used for the City's match. With a federal grant below the requested amount, the City match may have to be increased depending on the final construction bid amount. Amount Amount Funding Source Requested Awarded Federal STP Funds $ 5,000,000.00 $ 2,145,954.00 Transportation Improvement Board 5,000,000.00 5,000,000.00 Total $10,000,000.00 $ 7,145,954.00 RECOMMENDATION Council is being asked to accept two (2) grants for the Interurban Avenue South roadway improvement project; a Federal STP grant in the amount of $2,145,954.00 and a state TIB grant in the amount of $5,000,000, and consider these items on the Consent Agenda at the January 22, 2013 Regular Meeting. Attachments: 2013 CIP, page 21 Grant Award Notification E -mail (Federal) Grant Award Notification Letter (TIB) W:\PW Eng \PROJECTS \A - RW & RS Projects\Interurban Ave S (90310402) \Grant Acceptance InfoMemo I- 9- 13.doc 203 204 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402 DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting. JUSTIFICATION: Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and pavement failure is accelerating. STATUS: Completed 90% of design in 2010. Federal STP construction grant submitted in 2012. City received a PWTF loan in 2012, dependent on State legislature in 2013. MAINT. IMPACT: Reduce annual pavement repairs and increase pedestrian safety. Federal Hwy STP Grant of $389,000 for design. State TIB grant of $5m, proposed Federal grant $3m, COMMENT: PWTF of $2.5m and $550,000 in developer mitigation. FINANCIAL Through Estimated • 2014 2016 2017 2018 BEYOND TOTAL 1111 .PVVV 0, A.v.. _v._ - - • - -- EXPENSES Design 464 250 714 Land (R/VV) 150 150 Const. Mgmt. 1,300 1,300 Construction 9,400 9,400 TOTAL EXPENSES 464 0 400 10,700 0 0 0 0 0 11,564 FUND SOURCES Awarded Grant 389 5,000 5,389 Proposed Grant STP 3,050 3,050 Mitigation 550 550 PWTF Loan 400 2,100 2,500 City Oper. Revenue 75 0 0 0 0 0 0 0 0 75 TOTAL SOURCES 464 0 400 10,700 0 0 0 0 0 11,564 2013 - 2018 Capital Improvement Program 21 205 206 Robin Tischmak From: Tracy Murray <TMurray @psrc.org> Sent: Tuesday, December 04, 2012 2:41 PM To: 'pdewey @uw.edu'; 'dorinda.costa @seattle.gov'; 'owen.carter @snoco.org'; Robin Tischmak; 'rcasteel @co.kitsap.wa.us'; ' marwan .salloum @cityoffederalway.com'; 'icabrera @kirklandwa.gov'; 'njensen @ci.lake- forest - park.wa.us'; 'dmarcinko @ci.snoqualmie.wa.us'; 'wolf.c @portseattle.org'; 'burke.d @portseattle.org'; 'pwiech @ci.pacific.wa.us'; 'mdorsey @cityofportorchard.us'; 'aarcher @cityofportorchard.us'; 'wendyc @kitsaptransit.com'; 'gcioc @co.kitsap.wa.us'; jturner @cityoftacoma.org'; 'dgermer @co.pierce.wa.us'; 'dwinkler @cityoflakewood.us'; 'tlee @piercetransit.org'; 'bhunter @piercetransit.org'; 'overbym @soundtransit.org'; lisa.wolterink @soundtransit.org'; 'bmannelly @portoftacoma.com'; jecklund @cityofup.com'; jecklund @cityofup.com'; 'mbethune @cityoforting.org'; jgardner @monroewa.gov'; 'sheikaz @wsdot.wa.gov'; 'hauss @ci.edmonds.wa.us'; 'sics @ci.snohomish.wa.us'; 'matthew.ojala @snoco.org'; john.resha @kingcounty.gov'; ' peter.heffernan @kingcounty.gov'; 'overbym @soundtransit.org' Cc: Jeff Storrar; Chris Peak; Kelly McGourty Subject: PSRC 2012 Contingency Funds - Next Steps and Schedule Attachments: Projects Recommended for 2012 PSRC Contingency Funding.pdf Good afternoon, We are getting in touch with project sponsors that were recently awarded PSRC's 2012 contingency funds. As you may know, these projects and PSRC funds must to be adopted into the regional the Transportation Improvement Program (TIP) before they can be accessed. The schedule for this is as follows: • December 14th 2012 — Project sponsor TIP applications due to PSRC • January 24th 2013 —PSRC Executive Board approval • Mid- February 2013 —state approval and incorporation into the STIP (funds can then be accessed) At this time, we are asking that all project sponsors complete the appropriate TIP application(s) and submit these to PSRC no later than Friday, December 14th 2012, if you've not already done so. We'd also like to remind you that PSRC's new web -based TIP application form is now available. You are encouraged to use it, as it will become the main application form for TIP submittals in the near future. This, along with directions for submitting applications, can be found at: http: / / psrc.org/ transportation /tip /applications. Please feel free to contact Jeff Storrar at jstorrar @psrc.org or 206 - 587 -4817, or Chris Peak at cpeak @psrc.org or 206- 363 -7536 , if you have any questions. Thank you TRACY MURRAY PUGET SOUND REGIONAL COUNCIL 1011 WESTERN AVE, SUITE 500 - SEATTLE, WA 98104 (206) 971 -3277 - TMURRAY @PSRC.ORG 1 207 208 PROJECTS RECOMMENDED FOR 2012 PSRC CONTINGENCY FUNDING FHWA ATTACHMENT A Regional Project Evacuation Committee; Recommendation Sponsor Title Description Funding Source Amount Phase University of Washington / Puget Sound Clean Air Agency UW Burke Gilman Trail Improvement Project (Rainier Vista to 15th Ave NE) Construction of a .3 mile portion of the total UW Burke Gilman Trail Improvement Project, from Rainier Vista to 15th Ave NE. The trail will double in width to approximately 24' and pedestrians and bicycles will be separated except at major intersections. Also included in the project is a bike parking facility at the T -Wing Overpass and a bicycle bridge parallel to the existing pedestrian bridge at the entrance to Lewis Lane. CMAQ $3,022,205 Construction Seattle First Hill Streetcar Broadway Extension (Denny Way - Roy St) The project extends the First Hill Streetcar line, improves speed, reliability and capacity of transit connections between Capitol Hill, First Hill, Yesler Terrace, the Chinatown International District and Pioneer Square. CMAQ $900,000 Final Design and Engineering Snohomish County 52nd Ave W: Lynnwood City Limits to 148th St SW Widen approx. 1.11 miles of 52nd Avenue W to a three -lane arterial, including 12' travel lanes, a continuous 12' left turn lane, 5' bike lanes, curbs and gutters, and bus pullouts. STP $5,500,000 Construction Tukwila Interurban Ave S (S 143rd St to Fort Dent Way) This project will construct new urban roadway amenities to support multi -modal transportation with a focus on adding /enhancing non - motorized and transit related components. The improvements will include reconstructing the roadway pavement section, new curbs, gutters, separated sidewalks, landscaping, illumination, center medians, storm drainage facilities, bus pullouts, traffic signal interconnect, access controls and consolidated driveways. STP $2,145,954 Construction Kitsap County Bucklin Hill Estuary Enhancement and Bridge Construction Project Widen the existing Bucklin Hill Road Bridge from its current constricted 2 lane configuration to a 4/5 lane configuration including sidewalks and bike lanes and remove 2 culverts that restrict the estuary flow of Clear Creek. Additionally, the project will construct a new pedestrian and trail crossing and improve an existing one from the Old Mill Park to the Clear Creek Trail entrance adjacent to the bridge with pedestrian activitated controls. STP $1,000,000 Construction Subtotal: $12,568,159 King Countywide: Recommendation Sponsor Title Description Funding Source Amount Phase Federal Way Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) This project is the last segment of more than 11 miles of improvements on the Pacific Highway South / Interurban Blvd. corridor from Federal Way to Tukwila. The project scope includes reconstructing portions of and widening Pacific Highway South (SR 99), providing HOV lanes, transit shelters, provisions for transit signal priority, curb, gutter and sidewalk on both sides, medians, landscaping, new and modified signal systems, channelization, and other improvements. STP $2,639,331 Preliminary Engineering and Right of Way Kirkland Kirkland ITS Phase II: Totem Lake Regional Urban Growth Center This project incorporates ITS initiatives recommended in the Kirkland ITS Strategic Plan for implementation in the Totem Lake Growth Center. Specific ITS elements included are signal equipment upgrades such as controllers, cabinets, CCTV, detection systems, and fiber optic communication at 27 traffic signals. CMAQ $2,201,141 Preliminary Engineering and Construction Lake Forest Park NE 178th Street Roadway Improvements Phase 2 (Brookside Blvd. NE to 33rd Ave NE) Installation of sidewalks, curb & gutter, roadway resurfacing and widening, storm drain system on both sides and a bicycle lane on one side of NE 178th St. between Brookside Blvd. NE and 33rd Ave. NE. Sidewalk will also be installed on one side of 35th Ave. NE from NE 178th St. to the school playground. STP $101,000 Preliminary Engineering Snoqualmie Kimball Creek Box Culverts The project will replace two structurally deficient bridge crossings on SE Meadowbrook Way with fish passage stream simulation concrete box culverts. STP $195,000 Preliminary Engineering Port of Seattle Terminal 18 Truck Access Improvements The project will reconfigure the southern end of the Port of Seattle's Terminal 18 to relocate the security check and Optical Character Recognition equipment to move the truck queue generated by the security check out of the public right of way and onto Port property. Other project components include fence, light standard and fire hydrant relocation as well as minor demolition and pavement activities. STP $968,066 Construction Pacific West Valley Highway Reconstruction (County Line Rd. to 1st Ave. West) The project consists of widening of this two -lane facility to three lanes (two general purpose lanes and a two -way left turn lane), reconstructing roadway to sub -base, providing pedestrian facilities, and providing stormwater facilities. STP $157,010 Preliminary Engineering Subtotal: $6,261,548 Kitsap Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Port Orchard Bay St Pedestrian Pathway Purchase Right -of -Way and /or Easements for the Bay Street Pedestrian Pathway Project as needed for the construction of a 1 mile multi -use pathway along the Port Orchard shoreline. STP $340,000 Right of Way Kitsap Transit McWilliams P & R KT operates McWilliams /SR303 park 'n ride with express service to the Bremerton Ferry Terminal. These funds will be used to repave, extend its useful life, and preserve the existing facility before more expensive replacement is necessary. STP $150,000 Construction Kitsap County Division Ave. / Suquamish Way Intersection i nis runaing will onset some or the local Uounty funds contributed to this project; it is already federally funded. The project improves the intersection at Division Ave & Suquamish Way, including a new signal, realignment of Division, crosswalks, and left turn lanes. It is the 5m of 6 phases of improvements; this phase will finish the sidewalk crossing over Suquamish Way, allowing students and residents access to the Tribal Center, grocery store, and residences south of Suquamish Way. STP $40,462 Construction Lakewood Traffic Signal Upgrade, ITS Phase IV Subtotal: $530,462 $100,000 Pierce Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Tacoma Historic Water Ditch Trail This project will complete preliminary engineering for the final segments of the Historic Water Ditch Trail. The project will close a two mile gap in the trail by constructing a trail /bicycle facility and a 6' wide pedestrian sidewalk in existing City owned right of way. CMAQ $500,000 Preliminary Engineering Pierce County Countywide and 1 -5 Corridor Transportation Demand Management The project will continue to refine countywide TDM efforts. Coordination will occur with Thurston County and cities in Pierce County on CTR strategies such as rideshare marketing and incentives to commuters along the 1 -5 corridor. A "JBLM TDM Strategic Implementation Plan" for trip reduction will be developed and near -term strategies implemented. Programs to decrease drive - alone trips to the University of Washington - Tacoma campus will also be developed. CMAQ $100,000 Other Lakewood Lakewood Traffic Signal Upgrade, ITS Phase IV This project provides infrastructure needed to continue implementation of Lakewood's traffic signal management system /intelligent transportation project including the expansion of transit signal priority and video surveillance on key corridors within the city. CMAQ $100,000 Construction Pierce Transit Vanpool Vehicle Replacement* Funds toward replacement of aging vanpool fleet. CMAQ $208,775 Equipment Sound Transit Tacoma Link Expansion* Expansion of the existing Tacoma Link light rail line. These funds will complete preliminary engineering and NEPA environmental work needed to extend the current system. STP $272,281 Preliminary Engineering Port of Tacoma Port of Tacoma Road Rehabilitation Remove all surface pavements on the Port of Tacoma Road between E. 11th St. to south of Marshall Way. Replace the pavement section with 10 inches of cement concrete consistent with City of Tacoma Pavement Design Standards for Heavy Haul Industrial Corridors, and install sidewalk where missing. STP $429,040 Design University Place Bridgeport Way Phase 3B This project will provide curb, gutters, planter strips, 6' sidewalks, 5' bicycle lanes, street lights, and median islands. Asphalt overlay will be provided between 54th and 57th streets, and the storm system will be replaced /modified as necessary. Additional improvements include transit shelters and amenities, signal interconnect and intersection improvements. STP $250,000 Construction University Place S. 56th St. and Cirque Drive Corridor Improvements This project will improve the S. 56th /Cirque Dr. corridor with pavement overlays, new sidewalks and curb ramps, bicycle lanes, stormwater treatment, pedestrian crossings /islands, turn lane restrictions, landscaping, lighting, traffic signal interconnects, transit priority, transit station upgrades and pedestrian signals. STP $578,500 Preliminary Engineering Orting Washington Avenue Two -Way Left Turn Lane Improvements This project will construct a new 2 -way left turn lane on Washington Avenue (SR 162) for a distance of 550 linear feet, alleviating backups due to left turn movements. STP $147,000 Design * these are new projects not previously on the approved contingency list, and will be released for public comment Subtotal: $2,585,596 Snohomish Countywide Recommendation Sponsor Title Description Funding Source Amount Phase Monroe Chain Lake Road, Phase 1 The project will connect residential subdivisions lying north of Monroe with the Monroe business district via a shared use pedestrian /bicycle path. Currently this section of Chain Lake Rd is a 2 -lane road with no shoulder and no pedestrian or bicycle faciltiies. This project will provide a 10' shared -use path from an existing 10' path near Country Crescent to Brown Road, a total length of 3500'. CMAQ $131,480 Right of Way WSDOT SR 99 NB /Gibson Rd to Airport Rd - Pedestrian Connectivity This project will construct missing sidewalk segments meeting ADA standards along the east side of NB SR 99 between the vicinity of Gibson Road to the vicinity of Airport Road. CMAQ $484,000 Preliminary Engineering / Right of Way Edmonds Sunset Avenue Overlook Trail This project will provide 2,000' of waterfront trail on the west side of Sunset Ave. from Bell St. to Gaspers St. This will complete a missing link from Main St. to 3rd Ave. S. CMAQ $159,000 Preliminary Engineering Snohomish 2nd Street and Lincoln Ave. Intersection Project This project will construct a new traffic signal and related channelization, traffic calming and pedestrian improvements at a key location with respect to minor arterial traffic, walking, biking and transit. STP $620,375 Construction Snohomish County Seattle Hill Road, 35th to 132nd The project will include two 12' travel lanes, a continuous 12' center left turn lane, 5' bike lanes and 5' sidewalks on both sides of the roadway. Curbs, gutters and enclosed storma drainage will be included for the length of the project, stormwater treatment for flow control and water quality will be improved to comply with current standards and curb ramps and sidewalks will be upgraded per ADA requirements. STP $878,569 Right of Way Capital Preventive Maintenance - 2012 and 2013 Subtotal: $2,273,424 $806,696 FTA Transportation Operators Committee Recommendation Sponsor Title Description Funding Source Amount Phase Intercity Transit Vanpool Van Replacement Replace 30 vanpool vans in service to the Central Puget Sound region. Earned Share $624,000 Equipment Intercity Transit Capital Preventive Maintenance - 2012 and 2013 Provide routine fixed route coach annual Capital Preventive Maintenance, based on the proportion of revenue miles within the Central Puget Sound region. Earned Share $806,696 Other Intercity Transit Replace Fixed Route Coaches Replace 4 fixed route coaches providing service to the Central Puget Sound region. Earned Share $332,695 Equipment King County Ferry District Seattle Central Waterfront Regional Passenger- Only Ferry Terminal PE, initial design and NEPA toward construction of a new regional passenger -only ferry terminal on the central downtown Seattle waterfront, including vessel boarding slips, ticket vending facilities, sheltered passenger waiting and queuing areas, customer information systems, wayfinding signage, and other rider amenities. Additionally, this project will include the assessment of a location and design for an interim facility if this is necessary. Earned Share $1,240,978 Preliminary Engineering King County Metro Trolley Bus Replacement King County Metro's electric trolley bus fleet is nearing the end of its useful life and needs to be replaced. This project will assist in acquiring replacement trolley buses that will operate on the existing 70 miles of overhead wire infrastructure that services five regionally designated growth centers and twelve locally identified centers. These funds will be put towards the purchase of approximately 155 trolley buses. Earned Share $2,443,433 Equipment Sound Transit East Link Light Rail Extension* East Link light rail connects Seattle- Mercer Island - Bellevue- Overlake /Redmond (approx. 14.5 miles). The East Link project includes 10 new "East Link" intermodal stations, including over 2,000 P &R stalls and approx. 700 bicycle parking spaces. FTA Regional $588,050 Preliminary Engineering / Final Design Subtotal: $6,035,852 * Since FTA funds are awarded by federal fiscal year, the first priority for the regional contingency list is to advance projects awarded funds in a later year. Sound Transits East Link project is recommended to receive the available $588,050 of 2012 funds, thereby freeing up an equal amount of 2013 funds. This results in a cascading effect, as demonstrated below: Sponsor Title Description Original Award Federal Fiscal Year Extend high capacity transit south from the S. 200th St. Station in SeaTac to the existing Federal Way Transit Center. The goal of this project is to complete NEPA from South 200th St. to Federal Way, including a Final EIS and Record of Decision from FTA, and preliminary engineernig from S. 200th St. to Kent/Des Moines. This work is needed to prepare the next segment of light rail in South King County for final design and construction, with Sound Transit South Corridor Transit Expansion Project anticipated revenue operations in 2023. $1,000,000 2014 Due to 2013 & 2014 funds being "freed up" from the 2012 contingency process: $1,000,000 _ _ _ _ _ _ 2014 $588,050 2013 New Total Award: $1,588,050 TOTAL 2012 FHWA AND FTA CONTINGENCY FUNDING RECOMMENDATIONS: $30,255,041 Washington State Transportation Improvement Board TIB Members Mayor James Irish, Chair City of La Center Commissioner Mike Wilson, Vice Chair Grays Harbor County Jim Albert Office of Financial Management Councilmember Jeanne Burbidge City of Federal Way Todd Coleman, P.E. Port of Vancouver Councilmember Sam Crawford Whatcom County Kathleen Davis WSDOT Mark Freiberger, P.E. City of Sedro- Woolley Secretary Paula Hammond, P.E. WSDOT Councilmember R.E. Bob Olson City of Kennewick Commissioner Greg Partch Whitman County Laura Philpot City of Sammamish Heidi Stamm HS Public Affairs Harold Taniguchi King County Metro Transit John Vodopich City of Bonney Lake Jay Weber County Road Administration Board Ralph Wessels, P.E. Bicycle Alliance of Washington Clay White Snohomish County Stevan E. Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504 -0901 Phone: 360 -586 -1140 Fax: 360 -586 -1165 www.tib.wa.gov November 16, 2012 Mr. Bob Giberson, P.E. Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 -2544 Dear Mr. Giberson: RECEIVED NOV 2 9 2012 TUKWILA PUBLIC WORKS Congratulations! We are pleased to announce the selection of your project, Interurban Avenue S, S 143rd Street to Fort Dent Way, TIB project number 8 -1- 116(010) -1. Total TIB funds for this project are $5,000,000. Before any work is allowed on this project, you must: • Verify the information on the Project Funding Status Form, revise if necessary, and sign; • Submit the section of your adopted Six Year Transportation Improvement Plan listing this project; • Sign both copies of the Fuel Tax Grant Distribution Agreement; • Return the above items to TIB; • You may only incur reimburseable expenses after you receive approval from TIB. In accordance with RCW 47.26.84, you must certify full funding by November 16, 2013 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479 -05 -211. If you have questions, please contact Greg Armstrong, TIB Project Engineer, at (360) 586 -1142 or e-mail GregA(c�TlB.wa.gov. Sincerely, Stevan Gorcester Executive Director Enclosures Investing in your local community 215 216 Washington State Transportation Improvement Board tag Fuel Tax Grant Agreement City of Tukwila 8 -1- 116(010) -1 Interurban Avenue S S 143rd Street to Fort Dent Way STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Tukwila AGREEMENT 8- 1- 116(010) -1 THIS GRANT AGREEMENT (hereinafter "Agreement ") for the Interurban Avenue S, S 143rd Street to Fort Dent Way (hereinafter "Project ") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB ") and City of Tukwila, a political subdivision of the State of Washington (hereinafter "RECIPIENT "). 1.0 PURPOSE TIB hereby grants funds in the amount of $5,000,000 for the project specified above, pursuant to terms, contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page 1 of 5 November 2012 217 Washington State Transportation Improvement Board 8- 1- 116(010) -1 Fuel Tax Grant Agreement amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON - COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non - compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non - compliance, which should include either a detailed plan to correct the non - compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non - compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Fuel Tax Agreement Page 2 of 5 November 2012 218 Washington State Transportation Improvement Board 8- 1- 116(010) -1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non - compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and /or take such action as may be directed by TIB. b) In the event of default and /or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479 -05 -202 and /or WAC 479 -01 -060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and /or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 219 Washington State Transportation Improvement Board } Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY 8 -1- 116(010) -1 The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non - binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 220 C.,.)Washington State Transportation Improvement Board Fuel Tax Grant Agreement 8 -1- 116(010) -1 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman /Mayor Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 221 222 Transportation Committee Minutes January 15, 2013 — Page 2 D. Grant Acceptance: Interurban Avenue South Staff is seeking Council approval to accept two grants. The first is the PSRC federal grant in the amount of $2,145,954.00 after we requested $5,000,000. The City match for the federal grant is 13.5 %. The second grant is from the State Transportation Improvement Board in the amount of $5,000,000 and we requested $5,000,000. The TIB grant has a 45% match for the construction phase and the federal grant will apply along with the tentative Public Works Trust Fund loan of $2,500,000. Without the full request received from the federal grant, the project is not fully funded and we are approximately $900k below full funding. However, we will be looking at project efficiencies during the final design and there is a $1,000,0000 in contingency funding currently factored into the budget. This project was very difficult to get grant funding as we are not increasing capacity, but it scored high since it does serve as a corridor completion project with a direct link to a regional growth center. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 CONSENT AGENDA. E. Interlocal Contract for Cooperative Purchasing Staff is seeking Council approval to enter into an interlocal contract for cooperative purchasing of equipment and supplies with the Houston - Galveston Area Council (H -GAC). The WA State bid list is becoming less extensive and after discussing this with a vendor, H -GAC was suggested as a potential addition as a purchasing agent. Two units in the 2013 fleet equipment purchases are included in H -GAC bid list. The H -GAC bid list also include fire trucks. There are 34 other cities in Washington state that are users of the H -GAC bid list. H -GAC has confirmed that all items on their bid list are competitively bid. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 CONSENT AGENDA. III. SCATBd November 20 and December 18, 2012 meeting summaries were included in the TC packet. Also included was the January 15, 2013 Agenda and Kate and Bob spoke on a few of the issues discussed at today's meeting. Pierce Transit has finalized their service reduction plan and voted to reduce their services 53% from 622,000 service hours to 417,000 and have now proposed cutting hours an additional 34% to 275,000 by September 2013. The Port of Tacoma also wants to complete SR 167 and the City of SeaTac would like our support for the SR 509 corridor. The SCATBd meetings will now include a presentation on specific projects (City of SeaTac on 1/15) and our future presentation will be on the status of Interurban Ave S. Bob distributed the 2013 Legislature Transportation Recommendations and Kate distributed the SR -167 Completion Coalition press release. IV. MISCELLANEOUS Kate shared some Transportation Committee goals for 2013 with final decisions made over the next two meetings. Kate also would like to start the Transportation Committee meeting at 5:15pm. Staff will check on the process. Meeting adjourned at 6:20 p.m. Next meeting: Tuesday, January 29, 2013 Committee Chair Approval Minutes by GL,. Reviewed by BG & RT. 223 224 COUNCIL AGENDA SYNOPSIS Initials Meetin Date 01/22/13 Ma or's review Council review ITEM INFORMATION ITEM No. 5.H. 225 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 01/22/13 AGENDA ITEM TITLE Interlocal Contract for Cooperative Purchasing with the Houston - Galveston Area Council (H -GAC) CATEGORY ❑ Discussion Aft Date Motion Date 01/22/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Alts Date ❑ Other Mtg Date -1 Aft SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police /1 PW SPONSOR'S The City currently contracts with the WA State Purchasing Cooperative that organizes the SUMMARY State Bid List that is beneficial for competitively purchasing equipment and supplies. The Houston - Galveston Area Council (H -GAC) is also a no cost competitively bid purchasing agent that has fleet equipment that is currently not available on the WA State Bid List. Council is being asked to approve the interlocal contract with Houston - Galveston Area Council, or H -GAC. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte U Utilities Cmte ❑ Arts Comm. [ Parks Comm. DATE: 01/15/13 COMMITTEE CHAIR: KATE /1 Transportation Cmte ❑ Planning Comm. KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE ExP1tND1TURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 501 EQUIPMENT RENTAL (PG 331, 2013 -2014 BUDGET) Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/22/13 MTG. DATE ATTACHMENTS 01/22/13 Informational Memorandum dated 1/11/13 2013 -2014 Budget, page 331 Equipment Purchases Information on the H -GAC Buy Program Interlocal Contract Minutes from the Transportation Committee meeting of 01/15/13 225 226 nCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director'(�5� BY: Pat Brodin, Operations Manager DATE: January 11, 2013 SUBJECT: Interlocal Contract for Cooperative Purchasing of Fleet ISSUE An interlocal contract for cooperative purchasing with the Houston - Galveston Area Council (H -GAC) to make vehicle and equipment purchases. BACKGROUND The City of Tukwila currently has a local agency contract with the Washington State Purchasing Cooperative. The State Bid Contract continues to be beneficial for buying equipment and supplies that have already been competitively bid through the State. Another purchasing cooperative is available to local governments called the Houston - Galveston Area Council. The H -GAC is also a competitively bid purchasing agent and has fleet equipment that is currently not available on the Washington State Bid List. There is no cost to be a member of the H -GAC cooperative. DISCUSSION Within the approved 2013 budget, Public Works has two pieces of equipment to purchase which are on the H -GAC program listing. The two units are the Street's sweeper and Sewer's TV Van. Purchasing these two vehicles through the H -GAC cooperative saves procurement time while allowing agencies a means to purchase at competitive pricing. FISCAL IMPACT None. RECOMMENDATION Council is being asked to approve this interlocal contract for cooperative purchasing with the Houston - Galveston Area Council (H -GAC) and consider this item on the Consent Agenda of the January 22, 2013 Regular Meeting. Attachments: 2013 -2014 Budget, page 331 Equipment Purchases Information on the HGACBuy Program Interlocal Contract W: \Shared Copy Only\Pat \Info Memo HGAC Interlocal.docx 227 228 2013 -2014 Biennial Budget City of Tukwila, Washington Public Works — Equipment Rental NEW & REPLACEMENT PURCHASES IN 2013 -2014 CURRENT UNIT Scheduled Replacements UNIT No. PURCHASE YEAR 2013 2014 Estimate Replacement Year Replacement Unit POLICE: (A) 1) Patrol Car 2) Patrol Car 3) Patrol Car, Crime Prev 4) 7) 8)- 9) DARE Vehicle FIRE: 10) 11) Pumper 12) -Pumper STREET: 13) Sweeper 14) Bucket Truck (B) 15) 3/4 -Ton Pickup SEWER /SURFACE WATER: —1g)- TV Van WATER: 1720 $ 63,000 1723 63,000 1127 63,000 Patrol Car 1724 Patrol Car, Traffic 1103 Motorcycle 1072 Detective Admin Sedan 1151 Jail Transport Van 1221 Command Car, BC (B) 17) .3/4-Ton Pickup 18) Variable Message Board 1426 PARKS: 1209 1281 1352 • New 1464 • 1278 1256 ; 86,000 700,000 700,000 2019 Patrol Car Patrol Car 2024 Patrol Car, Crime Prev 63,000 ` 2018 Patrol Car 63,000 2025 Patrol Car, Traffic 35,000 2025 _Motorcycle 30,000 2024 Detective Admin Sedan 160,000 2034 Jail Transport Van 45,000 2024 !DARE Vehicle 220,000 1254 180,000 1287 30,000 19) 1/4 -Ton Pickup GOLF: 20) Utility Cart 21) Utility Cart 22) Utility, Gator 23) Mower, Greens 24) 25)._..,. Mower, Greens Triplex Mower, Trim 26) Core Harvester BUILDING MAINTENANCE: 27) Cargo Van 28) Cargo Van EQUIPMENT RENTAL: 29) Vehicle Diagnostic System 1255 19,500 i 1061 1067 1069 1656 ' 6604 1633..._. 6003 1249 1248 ,.. 9600 6,812 6,812 34,782 22,000 2023 Command Car, BC 2038 Pumper 2038 !Pumper 2023 160,000 2024 28,000 2024 Sweeper Bucket Truck 3/a Ton Pickup 2033 TV Van 2028 3/4 -Ton Pickup 15,300 2029 Variable Message Board 2031 1/4 -Ton Pickup 2023 .Utility Cart 2023 Utility Cart 5,000 2024 Utility, Gator 2035 ;Mower, Greens 34,081. 2021 !Mower, Greens Triplex m m__2024 'Mower, Trim -.... 7,000 2021 Core Harvester 2028 22,000 ,__. 2029 Cargo Van Cargo Van 5,300 2019 1 Vehicle Diagnostic System Total by year $ 2,194,906 $ 699,681 1 Grand Total $ 2,894,587 (a) Positions were added to the Police Department later in the budget process for the Crime Prevention Reduction and Chronic Nuisance initiatives. Funding is available to purchase police vehicles for these positions, but they have not been reflected in the 501 Fund's New & Replacement Purchases. (6) Lines 10 and 14 were budgeted for replacement in 2012, but not purchased. Page 331 229 230 HGACBuy Program Information Page 1 of 5 Types of Participating End Users: • Municipalities, Cities, Counties and State Agencies • Councils of Government • Schools, School Districts, Colleges, Universities • Hospitals and Hospital Districts ■ Emergency Medical Services and Services Districts • Volunteer Fire Departments and Rural Fire Prevention Districts ■ Special Law Enforcement Jurisdictions • Judicial Courts & Districts a Emergency Communications Districts • Utility Districts (MUDs, WCIDs, Irrigation, etc.) ■ Special Districts • Authorities (Airport, Port, River, Water, Toll Road, etc.) ■ State Agencies • Not - for -Profit Corporations [5o1(c)(3)] providing government functions and services. (Special requirements apply: See Program Info /Executing an Interlocal Contract with HGACBuy) The Texas Interlocal Cooperation Act Most States in the United States have either Interlocal Cooperation or Joint Powers authority to allow local governments in those states to join and participate in programs like LIGACBuy. Click on Authorizing Statutes on the HGACBuy web site to see what cooperative purchasing statutes exist in each state to allow for participation in HGACBuy. In 1971, the Texas Legislature passed the Interlocal Cooperation Act [Texas Government Code, Title 7, Chapter 791] to promote activities among local governments across Texas. Any local government or non- profit providing government services may contract or agree with one or more local governments under the terms of this Act to conduct purchasing and other administrative functions. The following excerpt from the Act states that... "The Interlocal Cooperation Act's purpose is to improve the efficiency and effectiveness of local governments by authorizing the fullest possible range of inter - governmental contracting authority at the local level including contracts between all political subdivisions of the state and agencies of the state. Legal Authority Governmental entities join HGACBuy by execution of an Interlocal Contract (ILC) which can be found on the I- IGACBuy website under Program Info. By executing the ILC, the End User represents and warrants to I -I -GAC that (1) it is eligible to contract with H -GAC under the Act because it is one of the following: a qualifying non -profit corporation, county, municipality, special district, or other political subdivision of the State of Texas, or another state, and (2) it possesses adequate legal authority to enter into this Contract. Scope of H-GAC's Professional Services When participating in I-IGACBuy, members make their purchase orders out to, and directly pay, the I-IGACBuy contractor. However, H -GAC does act as the designated purchasing agent on behalf of participating End Users by performing specific services including, but not limited to: • Conducting research and surveys ■ Developing specifications for each product /service • Soliciting vendor participation http:// www. hgacbuy .org /program/using /default.aspx 01/03/2013 231 232 Using the Program :: HGACBuy Page 2 of 5 e Issuing specifications documents it Conducting pre- bid /pre - proposal conferences ✓ Opening bid /proposal responses is Evaluating responses is Issuing Vendor Contracts awarded by the H -GAC Board of Directors e Certifying contract validity e Contracts Administration Interlocal Contract Renewals Provisions of the Interlocal Cooperation Act provide for annual renewal of Interlocal Contracts. The contract document issued by I- IGACBuy contains a provision for automatic annual renewal. Unless an updated contract document is requested, or statutory change occurs, the initial enactment could remain in effect in perpetuity. A permanent identification number is assigned to each End User contract. Purchasing Statutes Applied to H -GAC Competitive Bid Process Products offered through HGACBuy have been subjected to either the competitive bid or competitive proposal format based on Texas statutes for Councils of Governments under the Local Government Code Chapter 252. The 76th Legislature, Regular Session, added language that stipulates Councils of Governments shall specifically use "municipal bidding statutes ". As administrator, H -CAC's mules of governance apply. In evaluating bid and proposal responses, HGACBuy takes into account any prospective contractor's ability to meet performance requirements. Factors considered include number and location of sales /service facilities, depth of staff, qualifications of technical support personnel, and business continuity. Contractors are expected to service all End Users participating in the Program wherever possible, practical, and not contrary to franchise or dealership agreements. H -GAC Board of Directors Awards All Contracts The Board of Directors composed of 35 elected officials awards all H -GAC cooperative purchasing contracts. As a political subdivision of the State of Texas, Board agenda are publicly posted in advance of public meetings. Board meetings are customarily held on the third Tuesday of each month in H -GAC Conference Room A, Second floor, 3555 Timmons Lane, Houston. The Houston- Galveston Area Council is one of Texas' 24 regional councils of governments. Steps To Placing Purchase Orders Through HGACBuy Step 1: (first time only) Execute the "Interlocal Contract" (ILC) found on the HGACBuy website under Program Info, and return to H -GAC. H -GAC will sign two copies and return one to the End User for their records. The ILC may be faxed to 713- 993 -4548 for expedited processing. Step 2: Obtain specific product details from the HGACBuy website, www.HGACBuy.org . Then, contact the contractor's nearest representative for additional assistance and a definitive price quotation. Contractor information can be found at the bottom of each contracts web page under Products Available. Step 3: http:// www. hgacbuy .org /program/using /default.aspx 01/03/2013 Using the Program :: HGACBuy Page 3 of 5 Prepare and submit your purchase order directly to the relevant HGACBuy contractor, after completing consultation with the contractor's representative. A copy of the order along with a copy of the contractor's written quotation shall be faxed or mailed to HGACBuy at FAX: 713-993 -4548. Orders should include specific details regarding the purchase (i.e., name of the End User's contact person, shipping /delivery instructions, and installation details, if any). HGACBuy contractors will then invoice End User for all purchases, and End User will pay the contractor directly following delivery and acceptance. NOTE: Performance Bond I-IGACBuy's contractual requirements no longer include a Performance Bond, and bid pricing should reflect this cost saving. However, Contractor must be prepared to offer a Performance Bond to cover any specific order, if so requested by End User. Contractor shall quote a price to End User for provision of any requested Performance Bond. If Performance Bond is requested by End User for a particular order, Contractor agrees to furnish the Performance Bond within ten (10) days of receipt of End User's purchase order. HGACBuy Order Confirmation On most contracts, when a copy of a purchase order is received (see Step 3 above), HGACBuy staff prepares an Order Confirmation which is then sent to the Member and the Contractor - authorizing the Contractor to proceed with the order. This Order Confirmation indicates that the Contractor does have a valid contract with HGACBuy for the products contained on the order. Actual pricing is not verified on the Order Confirmation. For pricing verification prior to issuing the purchase order, contact HGACBuy staff. Remitting End User Payments For Products and Services Rendered The prompt payment requirements for products and services rendered through cooperative purchasing states that "...upon delivery of the goods and services purchased, and presentation by HGACBuy contractor of a properly documented invoice, the End User shall promptly, and in any case within thirty (3o) days, pay the HGACBuy contractor the full amount of the invoice. All contracts between HGACBuy and its contractors require prompt payment upon delivery of products /services to an End User. Ownership Passes Directly From Contractors to End Users HGACBuy does not at any time take title to any product. Contractors assign ownership directly. to End Users. Reimbursement of HGACBuy's Operational Costs The I-IGACBuy program is solely funded through the assessment of an administrative fee paid by the contractor on each order. End Users Invited to Attend Pre -Bid Conferences HGACBuy schedules publicly announced pre- bid /pre - proposal specification conferences with http://www.hgacbuy.org/program/using/default.aspx 01/03/2013 233 234 Using the Program :: HGACBuy Page 4 of 5 manufacturers, distributors, representatives, and dealers for the various product categories offered. These conferences, held throughout each year, are widely attended by the various industry groups represented in the Program. End Users are invited to attend these conferences also. See a listing of scheduled pre -bid conferences on the HGACBuy website under Bid Notices. 3 -Way Partnership At Work The three -way partnership between I-IGACBuy, Program End Users, and Contractors is a very important relationship that provides vital links to ensure effective cooperative results. Clear, concise communication is essential to making the partnership effective and successful. The contact path includes all three parties: l-IGACBuy, End User, and Contractor. H -GAC's Role: HGACBuy's role is to conduct product research and surveys, write technical specifications, conduct pre -bid conferences, open bids, and evaluate responses. After contracts are awarded by the H -GAC Board, HGACBuy certifies contract validity, and administers contracts. The End User's Role: End Users are expected to consult with Contractors' representatives for the purpose of determining the exact requirements needed to serve constituents. End Users work with Contractor's representatives to detail and complete all documentation required when submitting purchase orders. The Contractor's Role: HGACBuy relies upon its Contractors to quickly respond to End User inquiries that provide detailed product information and pricing, including priced options for specific products. Contractors' representatives work closely with each End User to meet specific constituent needs. H -GAC's Bid Notices The Program's Coordinator for Specifications & Bids directs the bid /proposal cycle for products and services that HGACBuy desires to place under contract on behalf of Members. The near term schedule of procurements is posted on the HGACBuy website under Bid Notices. Distribution of H -GAC Product Specifications Product /service specifications and Invitations To Submit Competitive Bids /Proposals are distributed by email to all prospective responders that HGACBuy is aware of. The documents are also posted on the HGACBuy website, and the legally required notices are posted in newspapers, including minority- emphasis publications. End User Benefits HGACBuy offers significant benefits to participating End Users whether large, medium, or small size. • Expedited procurement • Volume purchasing discounts • On -duty professional staff assistance • Research and development of technical specifications • Contract administration H -GAC Web Site http:// www. hgacbuy .org /program/using /default.aspx 01/03/2013 Using the Program :: HGACBuy Page 5 of 5 Information on products under contract through HGACBuy can be accessed through the web site. The web site contains the following: is Product categories with base bid prices ■ Contractors' representatives with telephone numbers ■ H -GAC staff telephone numbers and e -mail addresses ■ isting of Specifications Conferences ■ Listing of Bid opening dates for each product category Contacting HGACBuy 3555 Timmons Ln, Suite 120 Houston, TX 77027 Phone: 800- 926 -0234 Fax: 713 - 993-4548 Web: www.HGACBuy.org Individual staff phone numbers and emails may be found on the HGACBuy website under Program Staff. http:// www. hgacbuy .org /program/using /default.aspx 01/03/2013 235 236 List of End Users :: HGACBuy Page 1 of 2 End User City Washington Battle Ground School District #119 (WA) Brush Prairie Bethel School District (WA) Spanaway Chelan County (WA) Wenatchee City of Anacortes (WA) Anacortes City of Auburn (WA) Auburn City of Bellevue Washington (WA) Bellevue City of Bellingham (WA) Bellingham City of Buckley (WA) Buckley City of Edmunds (WA) Edmonds City of Ephrata (WA) Ephrata City of Everett (WA) Everett City of Kenmore (WA) Kenmore City of Kennewick (WA) Kennewick City of Kirkland (WA) Kirkland City of Lacey (WA) Lacey City of Lynnwood (WA) Lynnwood City of Marysville (WA) Marysville City of Mercer Island (WA) Mercer Island City of Monroe (WA) Monroe City of Mount Vernon (WA) Mount Vernon City of Normandy Park (WA) Normandy Park City of Olympia (WA) Olympia City of Port Angeles (WA) Port Angeles City of Port Townsend (WA) Port Townsend City of Pullman (WA) Pullman, City of Quincy (WA) Quincy City of Renton (WA) Renton City of Richland (WA) Richland City of Ritzville (WA) Ritzville City of SeaTac (WA) SeaTac City of Seattle (WA) Seattle City of Spokane (WA) Spokane City of Union Gap (WA) Union Gap City of Vancouver (WA) Vancouver City of Walla Walla (WA) Walla Walla City of Yakima (WA) Yakima City ofYelm (WA) Yelm Clark County (WA) Vancouver Clark Public Utilities (WA) Vancouver Community College of Spokane (WA) Spokane Cowlitz County (WA) Kelso Eureka Fire Protection District No. 3 (WA) Prescott Family Services of Grant County (WA) Moses Lake Franklin Pierce School District (WA) Tacoma Green River Community College (WA) Auburn Island County Emergency Services Communications Center (I -COM), WA Oak Harbor Kennewick Irrigation District (WA) Kennewick Kennewick School District (WA) Kennewick Key Peninsula Metropolitan Park District dba: Key Pen Parks (WA) Lakebay King County (WA) Seattle Kitsap County (WA) Port Orchard Klickitat County (WA) Goldendale La Center School District (WA) La Center Nine Mile Falls School District (WA) Nine Mile Falls Pierce County (WA) Tacoma Pierce County Fire Protection District No. 2 (WA) Lakewood Port of Everett (WA) Everett. Port of Seattle (WA) Seattle Port of Vancouver (WA) Vancouver Public Utilitiy District No. 1 of Chelan County (WA) Wenatchee Public Utility District No. 1 of Snohomish County (WA) Everett Puget Sound Residential Services (WA) Renton Renton School District No. 403 (WA) Renton http: / /www.hgacbuy.org/ program /endusers /default.aspx ?state =WA 01/03/2013 237 238 List of End Users :: HGACBuy Page 2 of 2 Skagit County Public Utility District No.l. (WA) Mount Vernon Skagit Transit (WA) Burlington Snohomish County Public Transportation (WA) Everett South Kitsap Fire & Rescue (WA) Port Orchard Spokane Airport Board (WA) Spokane Spokane County (WA) Spokane Union Gap School District #2 (WA) Union Gap Yakima County (WA) Yakima http:// www. hgacbuy. org /program/endusers /default.aspx ?state =WA 01/03/2013 hgacbuy INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING DC No.: Permanent Number assigned by f-i-GAC THIS INTERLOCAL CONTRACT ("Contract'), made and entered into pursuant to the Texas 791, Texa "Act"), by and between the Houston-Gaiveston Area Council, hereinafter referred to as "H-GAC," having its principal place ofbusiness at 3555 Timmons Lane, Suite 120. Houston, Texas 77027, and * , a local government, a state agency, or a non-profit corporation created and operatecl to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place ofbusiness at * WDT74E88ETH WHEREAS, 8-GACi,u regional planning regional planning conimission and politieal subdivision ofthe State vf Texas operating under Chapter 3v|. Texas Local Goverument Code; and WHEREAS, rsuant to the Act, 8'GAC is authorized to contract with eligible entities to perform governinental functions and scrviccs, including thc purchase of goods and services; and WHEREAS, in reliance on such authority, H -GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under thc Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract vn * (Date), and that it clesires to contract with H-GAC on the terms set forth below; NOW, THEREFORE, H-GAC and the End User do hereby agree as follows: ARTICLE I: LEGAL AUTHORITY The Erid User represcnts and warrants to I-1-GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the following: a local government, as defined in the Act rnunicipality, a special disirict, or other political subdivision ofthe State ofTexas or any other state),or a combination of oftwo or rnoreot those entities, a state agericy (an agency ofthe State ofTexas as defined io Section 77|,0Olnf the Texas Government Code, o,a similar agency nf another u^m).oranon'pmfii corporation created and operated to provide one or more govemmental functions and services, and (2) it possesses adequate legal authority to enter into this ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agree to conduct all activitiesunder this Contract in accordance ordinances and laws in effect or prornulgated during the term of this Contract. h all applicable rules, regulations,and ARTICLE 3: WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreenlents between the parties relating to rnatters herein. ARTICLE 4: PERFORMANCE PERIOD The period ofthis Contract shall be for the balance ofthe fiscal year of the End User, which began * and ends * . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC cnntractvrhcyondtheO:cu| year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program. End User will access the Program through HGACI3uy.com and by submission of any duly executed purchase order, in the form prescribed by H -GAC to a contractor having a valid contract with H-GAC, All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User. (over) ARTICLE 6: PAYMENTS H -GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H -GAC's contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H -GAC have any financial liability to the End User for any goods or services End User procures from an H- GAC contractor. ARTICLE 7: CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. H -GAC reserves the right to make changes in the scope of products and services offered through the H -GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H -GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified nail to the other party to this Contract. The obligations of the End User, including its obligation to pay H -GACs contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the terns specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party' s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligaion solely to pay funds. Determination of force majeure shall rest solely with H -GAC. ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: Houston - Galveston Area Council 3555 Timmons Lane, Suite 120, Houston, TX 77027 * By • Executive Director Name of End User (local government, agency, or non -profit corporation) Mailing Address City *By: State ZIP Code Attest - Manager Signature of chief elected or appointed official * Typed Name & Title of Signatory Date 240 Date. *Denotes required fields rev. 03111 *Request for Information To expedite service, please complete the following blanks relevant to your agency's administrative /elective personnel and return the completed form to H -GAC, Cooperative Purchasing Program, P.O.Box 22777, Houston. TX 77227 -2777. Name of End User Agency • County Name • (Municipality / County / District / etc.) Mailing Address • (Street Address /P.O. Box) Main Telephone Number : (City) (State) (ZIP Code) FAX Number. Physical Address - (Street Address, if different from trailing address) (City) (State) (ZIP Code) Web Site Address. Authorized Official: Title • (City manager / Executive Director / etc.) Ph No • Mailing Address. (Street Address/P.O. Box) E -Mail Address • (City) (State) (ZIP Code Official Contact (Purchasing Agent /Auditor etc.) Mailing Address: (Street Address /P.O. Box) (City) (State) (ZIP Code) Title: Ph No - FxNo• Email Address • Official Contact. Title. (Public Works Director /Police Chief etc.) Ph No.: Mailing Address: Fx No.: (Street Address /P.O. Box) Email Address • (City) (State) (ZIP Code Official Contact. Title. (EMS Director/Fire Chief etc.) Ph No • Mailing Address: Fx No • (Street Address/P.O. Box) Email Address • (City) (State) (ZIP Code) 241 242 Transportation Committee Minutes January 15, 2013 — Page 2 D. Grant Acceptance: Interurban Avenue South Staff is seeking Council approval to accept two grants. The first is the PSRC federal grant in the amount of $2,145,954.00 after we requested $5,000,000. The City match for the federal grant is 13.5 %. The second grant is from the State Transportation Improvement Board in the amount of $5,000,000 and we requested $5,000,000. The TIB grant has a 45% match for the construction phase and the federal grant will apply along with the tentative Public Works Trust Fund loan of $2,500,000. Without the full request received from the federal grant, the project is not fully funded and we are approximately $900k below full funding. However, we will be looking at project efficiencies during the final design and there is a $1,000,0000 in contingency funding currently factored into the budget. This project was very difficult to get grant funding as we are not increasing capacity, but it scored high since it does serve as a corridor completion project with a direct link to a regional growth center. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 CONSENT AGENDA. E. Interlocal Contract for Cooperative Purchasing Staff is seeking Council approval to enter into an interlocal contract for cooperative purchasing of equipment and supplies with the Houston - Galveston Area Council (H -GAC). The WA State bid list is becoming less extensive and after discussing this with a vendor, H -GAC was suggested as a potential addition as a purchasing agent. Two units in the 2013 fleet equipment purchases are included in H -GAC bid list. The H -GAC bid list also include fire trucks. There are 34 other cities in Washington state that are users of the H -GAC bid list. H -GAC has confirmed that all items on their bid list are competitively bid. UNANIMOUS APPROVAL. FORWARD TO JANUARY 22 CONSENT AGENDA. III. SCATBd November 20 and December 18, 2012 meeting summaries were included in the TC packet. Also included was the January 15, 2013 Agenda and Kate and Bob spoke on a few of the issues discussed at today's meeting. Pierce Transit has finalized their service reduction plan and voted to reduce their services 53% from 622,000 service hours to 417,000 and have now proposed cutting hours an additional 34% to 275,000 by September 2013. The Port of Tacoma also wants to complete SR 167 and the City of SeaTac would like our support for the SR 509 corridor. The SCATBd meetings will now include a presentation on specific projects (City of SeaTac on 1/15) and our future presentation will be on the status of Interurban Ave S. Bob distributed the 2013 Legislature Transportation Recommendations and Kate distributed the SR -167 Completion Coalition press release. IV. MISCELLANEOUS Kate shared some Transportation Committee goals for 2013 with final decisions made over the next two meetings. Kate also would like to start the Transportation Committee meeting at 5:15pm. Staff will check on the process. Meeting adjourned at 6:20 p. m. Next meeting: Tuesday, January 29, 2013 Committee Chair Approval Minutes by GL,. Reviewed by BG & RT. 243 244 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 01/07/13 KAM Ae/I4 P 01/07/13 14 01/14/13 KAM ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion 01/22/13 `iQ,�,2`e� KAM ./'' ❑ Mayor ❑ HR ❑ DCD ❑ .Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR /1 Council SPONSOR'S Staff has prepared a DRAFT 2013 Legislative Agenda /Priorities for Council consideration. SUMMARY The agenda is intended to be utilized as a tool for Councilmembers when they meet with state legislators in Olympia in February. The Council is being asked to adopt a Resolution that identifies the agreed upon priorities. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: N/A /1 ITEM INFORMATION ITEM No. 6.A. 245 STAFF SPONSOR: KIMBERLY MATE) ORIGINAL AGENDA DATE: 01 /07/13 AGENDA ITEM TITLE Draft Resolution for Council's 2013 State Legislative Priorities 01/07/13 ❑ Motion Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY /1 Discussion ►1 Resolution Mtg Date Mtg Date 01/22/13 ❑ Mayor ❑ HR ❑ DCD ❑ .Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR /1 Council SPONSOR'S Staff has prepared a DRAFT 2013 Legislative Agenda /Priorities for Council consideration. SUMMARY The agenda is intended to be utilized as a tool for Councilmembers when they meet with state legislators in Olympia in February. The Council is being asked to adopt a Resolution that identifies the agreed upon priorities. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: N/A /1 CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Council President COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/07/13 Forward to 1/14/13 Committee of the Whole Meeting 01/14/13 Forward to 1/22/13 Regular Meeting 01/22/13 MTG. DATE ATTACHMENTS 01/07/13 Informational Memorandum dated 12/31/12 AWC list of 2013 Legislative Priorities City of Tukwila 2012 Legislative Priorities - State Issues Draft Resolution (Attachment A to be provided at 01/22/13 Regular Meeting) 01/14/13 As above 01/22/13 Resolution in final form 245 246 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2013 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2013; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the Regular City Council Meeting on January 22, 2013; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2013 Washington State Legislative Session that are integral to serving the Tukwila community in the manner in which the residents and businesses have come to expect. The City of Tukwila 2013 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachment A: City of Tukwila 2013 Legislative Agenda W: \Word Processing \Resolutions \Legislative Agenda for 2013 12 -31 -12 KM:bjs Page 1 of 1 247 248 City of Tukwila 2013 Legislative Priorities • State Issues During the first year of the Washington State Legislature's 2013 -14 biennium legislative cycle, the City of Tukwila will focus on the following legislative priorities: ATTACHMENT A City Fiscal Health & State Shared Revenues SUPPORT: Maintaining Streamlined Sales Tax Mitigation Payments Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated to that source and are not utilized or reduced to balance the state budget. Cities have already suffered from reduced SST payments from the state. Any legislation making this reduction permanent will be considered harmful to the City as we struggle to fund basic services. SUPPORT: Reinstatement Local Share of Liquor Revenues Restoring both the $10 million in liquor taxes to cities that was taken last legislative session to help balance the state budget and the pre - initiative liquor profit sharing system will stop the loss of additional funding for public safety that was approved by Initiative 1183 as well as the loss of growth from liquor revenues going forward. OPPOSE: Reductions to the Public Works Trust Fund (PWTF) Currently, the City of Tukwila has four (4) projects on the Public Works Board Recommended 2014 Construction Loan List with a loan request of $9.6 million and a total projects cost of $28.4 million. Diverting funds from this revolving LOAN program will reduce infrastructure spending now, and in the future as the loan repayment stream is diminished. Infrastructure projects create and sustain jobs and the PWTF is a crucial source of state funding for local infrastructure. General Government Operations SUPPORT: Tools for Addressing Burdensome Public Records Requests to Cities Tukwila is committed to transparency in government as well as pro- actively providing access to public records; however, our ability to do so is hampered by those who abuse the law to harass local government or for monetary gain. The City supports legislation that provides tools for addressing such public records requestors who are abusive and harassing. This could include injunctions and dedicated resource thresholds. Transportation & Infrastructure SUPPORT: State & Local Transportation Funding — Preserve and Enhance Support legislation which increases flexibility of use of existing revenues and implements new revenues for use in expansion, maintenance and repair of transportation mechanisms; including such items as street utility capability for cities and counties. This includes street maintenance, stormwater, local transportation and public works assistance such as fully funding the PWTF. State revenue proposals should contain a significant share of funding to assist cities while providing for new local options. Law, Justice & Public Safety OPPOSE: Required Election of Municipal Court Judges & Regionalization of Courts The City opposes any legislation requiring the election of municipal court judges or regionalization of courts. Appointed judges and municipal courts provide cities with flexible options for efficient court operations, cost effective measures, and accessibility to the community. SUPPORT: Tools for Combating Gang Activity The City of Tukwila has firsthand experience with the results of gang activity within the community. As such, we are interested in ongoing collaboration of activities and funding that provides tools to address gang prevention and intervention, as well as civil and criminal ways to address gang activity. Continued Funding for Human Services Especially during turbulent economic times, the City of Tukwila recognizes and is committed to continue funding of human services programs. In consideration of this local commitment, we encourage our State legislators to maintain human services funding recognizing the need of these vital services throughout our local communities. Programs addressing the needs of vulnerable individuals and families include but are not limited to: mental health, basic health, affordable childcare, hunger relief housing and homelessness, and substance abuse. Unfunded Mandates & Transferring Responsibilities Over the past several years, local municipalities have been burdened with the transfer of responsibilities from the state as well as the addition of new regulations (unfunded and underfunded). Cities have been struggling financially to simultaneously streamline and maintain services in the midst of budget cuts and the taking of shared revenues. Stopping this problematic cycle is essential to the efficient functioning and financial sustainability of local governments. 1/15/2013 249 250 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 01/22/13 Prepared by SB Mayor's review Council review ITEM INFORMATION ITEM No. 6.B. 25 STAFF SPONSOR: ORIGINAL AGENDA DATE: 1/22/13 AGENDA ITEM TITLE The position Council President would like the full Council to approve the Council Analyst description so that recruitment for the position can begin. 01/14/13 Motion Date 1/22/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion ■ Mtg Date Mtg ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR ■ Council SPONSOR'S The Council President would like the full Council to approve the Council Analyst position SUMMARY description so that the recruitment for this position can begin. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMIT IEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. COMMIT Council President i EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/14/13 Forward to 1/22/13 MTG. DATE ATTACHMENTS 01/22/13 Proposed Initial Timeline, per Council President Hougardy, dated 1/07/13 Job Description for the Council Analyst Position. 25 252 Council Analyst Position - Proposed Initial Timeline January 7, 2013 Process: 1. Review and Finalize Job Description 2. Post Job Description 3. Review Applicants 4. Interview Applicants, select finalists 5. Interview final applicants, select finalist 6. Make and Negotiate Final Offer Proposed Dates Jan 7 — Council Regular Meeting Discuss the timeline, confirm subcommittee members Jan 14 - Council COW Review & identify the needs and priorities to incorporate in to the position description Adjust timeline as necessary Jan 16 — Subcommittee & Staff, 1 pm, proposed time Job description review, finalize Jan 22 (Tues) — Council Regular Mtg Approval of job description, post job opening on Wednesday Jan 23 Jan 28 — Council COW Feb 4 — Council Regular Meeting Feb 11— Council COW Job posting closes on Friday, Feb. 15th Feb 19 (Tues) — Council Regular Meeting Feb 20 — Subcommittee & Staff, 1 pm, proposed time Application review & selection of finalists Feb 22 — 24 — Council retreat Further discussion as needed regarding process 253 Feb 25 — Council COW Week of Feb 25 Schedule preliminary interviews March 4 — Council Regular Meeting Week of March 4 — Subcommittee & Staff Preliminary interviews; Selection of finalists March 11— Council COW Week of March 11— Final interviews March 18 — Council Regular Meeting Week of March 18 — Make and negotiate final offer Other Dates: March 25 — COW April 1— Reg April 8 — COW April 15 — Reg April 22 — COW Note: This schedule is subject to revision as is necessary 254 COUNCIL ANALYST POSITION POSITION SUMMARY STATEMENT: Provides high level- confidential analyst, administrative, and secretarial functions in support of the Tukwila City Council; requires discretion at all times. ESSENTIAL JOB DESCRIPTION FUNCTION: 1. Works independently under the supervision of the Council President (at the direction of the full Council). Performance reviews will be managed by the Council President with input from the entire Council and City Administrator. Requires the ability to exercise individual initiative and discretion in confidential matters and makes decisions within broad guidelines. 2. Provides coordination and staff support to various council committees as assigned, including preparation and distribution of agendas and informational packets; assures proper legal notification has been made to the City Clerk (if required); takes and transcribes minutes. 3. Stays current on appropriate governmental processes, changes, and trends at the local, state, and federal levels. 4. Coordinates information flow on internal City issues, situations and conditions of interest to the City Council; Provides summaries to City Council in coordination with City Staff. May attend various meetings and /or information sessions for the City Council. 5. Understands and is sensitive to the City's overall political environment. 6. Coordinates the City's annual Council retreat agenda; prepares packets and talking points for Council, as directed. 7. Gathers and tracks information regarding matters of interest to the Council; provides updates on the status; drafts talking points, position papers and /or letter for Council approval in support of Council's agenda. 8. Develops systems and prepares documents that effectively track the City Council's adopted work program such that all Council members are aware of the status at all times. 9. Researches and prepares accurate reports using sound judgment, appropriate content, tone, and grammar. 1 255 10. Serves as a liaison between City Council, and Administration, staff boards, commissions, community groups, and the public; responds to requests for information and refers inquiries to the appropriate individual(s) and /or groups. Creates and maintains positive relationships. 11. Effectively communicates instructions and requests for information to City Administration and staff; follows through regarding results achieved, as appropriate. 12. Coordinates special projects and programs; provides assistance and administration as assigned. 13. Prepares "issues and options" papers on general governmental and /or community topics of interest and /or concerns, as directed. 14. May draft resolutions, proclamations, and agenda bills for Council approval. 15. Arranges a variety of internal and external meetings and work sessions for Council, in accordance with Council needs and direction. (Exclusive of those established by ordinance and /or state law, i.e. Regular, COW, and Special Council meetings.) 16. Prepares and maintains a monthly electronic calendar of Council, Board, Committee meetings, and events of general interest to all Council members. Notifies Council of activities and schedule changes, as necessary. 17. Accurately applies City policies, practices, and procedures. 18. Creates and implements practices, procedures, and systems within the position that are specifically designed to enhance and support the City Council functions. 19. Coordinates and provides management support to Council members that comply with the City's established records retention program and systems. 20. Proficient in the use of computer systems and programs; remains current with "modern technology" changes as they apply to the position; effectively utilizes standard Computer software packages, i.e. Microsoft Office, Outlook, etc.; 60 WPM keyboarding. 21. Proficient in generally recognized professional level office support functions i.e. making travel arrangements, maintaining calendars and appointment schedules; screening calls, visitors, and mail; facilitating the logistics and set -up of informal meetings of the Council; effectively maintaining files and records, including confidential files; processing a wide variety of documents, including personnel and financial related paperwork necessary to conduct Council business (i.e. Council budget, expense forms, purchase orders, training requests, etc.) as part of the City's effort to be responsive to inquiries, assists other staff at the front counter and answers phones when the need arises during staff absences. 2 256 22. Communicates effectively both verbally and in writing; understands the audience being addressed; maintains proper decorum for the specific circumstance. 23. Works evenings and /or weekends, as needed. Travel out of the City may be required. Approved by Council consensus 3 257 258 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 01/22/13 Prepared by M r s review PMC Council review WqH ITEM INFORMATION ITEM No. 7 259 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: AGENDA ITEM TITLE An ordinance relating to contracting indebtedness to provide funds necessary to undertake certain improvements to the pool owned by the Tukwila Pool Metropolitan Park District. CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date 01/22/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S The City Council is being asked to approve an ordinance related to contracting SUMMARY indebtedness; providing for the issuance, sale and delivery of not to exceed $1,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds necessary to undertake certain improvements to the pool and related facilities owned by the Tukwila Pool Metropolitan Park District. Financing must be obtained soon, and for this reason, this item is being brought directly to a Regular Meeting. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. COMMIYFEE Finance COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 01/22/13 Informational Memorandum dated 1/16/13 Ordinance in Final Form Draft Bond Purchase Agreement - Cashmere Valley Bank Seattle Northwest Securities Debt Service Schedule -based on 1/3/13 market conditions 259 260 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Peggy McCarthy, Finance Director DATE: January 16, 2013 SUBJECT: Bond Issue for Metropolitan Park District Capital Financing ISSUE Adopt an ordinance authorizing the sale of a $1,000,000 City of Tukwila, King County, Washington, Limited Tax General Obligation Bond, 2013, to Cashmere Valley Bank to finance Tukwila Metropolitan Park District (MPD) capital improvements. BACKGROUND Approximately $1,000,000 is needed by the MPD to finance a pool renovation project that began November 5, 2012. To ensure sufficient funding exists to pay contractor costs, project financing must be obtained soon. For this reason, this item is being brought directly to Council rather than going first through the Finance and Safety Committee and the Council Committee of the Whole. As further background, on December 10, 2012 the Council approved a public bond sale and the bonds were scheduled to be sold on December 20, 2012. However, on the proposed sale date, volatility in the bond market and a lack of demand for bonds in general, and for smaller bond issues in particular, created a poor sale environment and the decision was made to postpone the bond sale until 2013. In the meantime, other financing sources were considered and a private bond placement with Cashmere Valley Bank was identified as a beneficial alternative. With a private bond sale to Cashmere Valley Bank, bond proceeds would total $1,000,000, annual debt service would be $113,130 paid in semi - annual payments of $56,565 over a 10 year term; the interest rate would range from 1.75% per annum to 4.00% per annum over the term of the debt. Early payoff would be allowed at any time with no pre - payment penalties. The chart below compares the terms of the Cashmere Valley Bank private bond sale with a public sale through Seattle Northwest Securities. Terms SCENARIO 1 -- Private Bond Sale with Cashmere Valley Bank (a) SCENARIO 2 -- Public Bond Sale through Seattle Northwest Securities (b) Proceeds $1,000,000 Not to exceed $1,100,000 Issuance costs paid from bond proceeds $20,000 estimate $32,500 estimate Net proceeds (c) $ 980,000 $1,000,000 approximately Term 10 years 15 years Annual debt service $113,130 $85,880 average Pre - payment Any time without penalty After 10 years Total debt service $1,131,285 $1,288,211 Savings estimate (d) $136,926 261 262 INFORMATIONAL MEMO Page 2 (a) Based on the draft Bond Purchase Agreement (see attachment). (b) Estimated based on market conditions on January 3, 2013 (see attachment). (c) Net proceeds equal bond proceeds less cost of issuance paid from proceeds. (d) Savings is computed as the difference between the total debt service of Scenario 1 and Scenario 2, less the $20,000 additional proceeds received in Scenario 2 ($1,288,211 - $1,131,285- $20,000). To determine the affordability of the higher annual debt service of $113,130, the MPD 20 -year plan was updated with this debt service amount and term, and for property tax revenue (the levy amount confirmed in December by the King County Assessor's office) and a more accurate estimate of the beginning 2013 fund balance. With these changes incorporated into the plan, the MPD meets its ending fund balance reserve requirements in all years of the 20 -year plan except year 2021 and 2022 when the fund balances of $145,221 and $127,278 are $20,846 and $36,143 Tess than the targeted fund balance minimum of $166,066 and $163,421. However, in addition to these funds ($145,221 at 2021 and $127,278 at 2022), the Capital Reserve fund will have a balance of $270,000 at 2021 and $300,000 at 2022 if the $30,000 annual reserve funding is accomplished. The Capital Reserve funds could be used for general MPD uses if the need arises. By adopting this method of financing for the MPD pool improvements, the previous ordinance adopted in December for a public bond sale needs to be repealed. The Bond Ordinance includes Section 13 which repeals Ordinance No. 2393 in its entirety. FINANCIAL IMPACT There will be no financial impact to the City since the debt service on this debt will be paid by the MPD. DISCUSSION A private bond sale to Cashmere Valley Bank under the terms described in this memo would save the MPD approximately $137,000. The modified repayment plan appears affordable based on the MPD 20 -year plan and the debt can be paid off at any time without penalty. For these reasons, it is considered in the best interest of the City of Tukwila and the Tukwila Metropolitan Park District for the City to adopt the bond ordinance and obtain capital project financing through a private bond sale to Cashmere Valley Bank. Should the Council approve the bond ordinance, an addendum to the November 19, 2012 MPD Capital Financing Interlocal Agreement will be prepared to incorporate the revised bond ordinance number, bond issuance name, and revised repayment schedule into the agreement. RECOMMENDATION The Council is being asked to approve the bond ordinance. ATTACHMENTS: -Bond Ordinance -Draft Bond Purchase Agreement — Cashmere Valley Bank - Seattle Northwest Securities Debt Service Schedule - based on market conditions on January 3, 2013 W:12013 Info Memos - Council \MPD Capital Financing options 1- 22- 13.doc City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF $1,000,000 PRINCIPAL AMOUNT LIMITED TAX GENERAL OBLIGATION BOND TO PROVIDE FUNDS NECESSARY TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE POOL AND RELATED FACILITIES OWNED BY THE TUKWILA METROPOLITAN PARK DISTRICT, AND TO PAY THE COSTS OF ISSUANCE AND SALE OF THE BOND; REPEALING ORDINANCE NO. 2393; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: A. "Bank" means Cashmere Valley Bank, or its corporate successor. B. "Bond" means the City's Limited Tax General Obligation Bond, 2013, in the principal amount of $1,000,000, issued pursuant to this ordinance. C. "Bond Counsel" means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. D. "Bond Fund" means the Limited Tax General Obligation Bond Fund, 2013, created for the payment of the principal of and interest on the Bond. E. "Bond Register means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bond. F. "Bond Registrar" means the Finance Director of the City. W: Word Processing \Ordinances \Bond issuance 2013 for MPD 1 -16 -13 PM:bjs Page 1 of 8 263 264 G. "Business Day" means any day of the year other than (i) a Saturday or Sunday, (ii) any day on which banks located in City are required or authorized by law to remain closed, or (iii) any day on which the New York Stock Exchange is closed. H. "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under the laws of the State. I. "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. J. "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. K. "Finance Director" means the Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. L. "Maturity Date" means December 1, 2022. M. "Project" means certain improvements, repairs and upgrades to the pool and related facilities owned by the Tukwila Metropolitan Park District, and other capital purposes as deemed necessary and advisable in accordance with an interlocal agreement between the City and the Tukwila Metropolitan Park District. Incidental costs incurred in connection with carrying out and accomplishing the Project, consistent with RCW 39.46.070, shall be included as costs of the Project. The term "Project" includes acquisition, construction and installation of all necessary furniture, equipment, apparatus, accessories, fixtures and appurtenances. N. "Project Fund" means the Pool Improvement Fund, 2012, created for the purpose of carrying out the Project. O. "Purchase Offer" means the Bank's offer to purchase the Bond, setting forth certain terms and conditions of the issuance, sale and delivery of the Bond. P. "System of Registration" means the system of registration of the City's bonds and other obligations set forth in Ordinance No. 1338 of the City. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: A. Authority and Description of Project. The City and the Tukwila Metropolitan Park District are in need of funds with which to undertake needed improvements, repairs and upgrades to the pool and related facilities owned by the Tukwila Metropolitan Park District and operated by the City pursuant to an interlocal agreement. RCW 35.61.290, 35.61.300 and 67.20.010 authorize the City to independently or jointly undertake such improvements to pools and other recreational facilities. The City Council therefore finds that it is in the best interests of the City to carry out the Project. W: Word Processing \Ordinances \Bond issuance 2013 for MPD 1 -16 -13 PM:bjs Page 2 of 8 B. Plan of Financing. Pursuant to applicable law, including without limitation chapters 35.37 RCW, 39.46 RCW and other applicable law, the City is authorized to issue general obligation bonds for the purpose of financing the Project. The total expected cost of the Project is approximately $1,666,666, which is expected to be made up of proceeds of the Bond and other available money of the City or the Tukwila Metropolitan Park District. C. Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $1,000,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: 1. The assessed valuation of the taxable property within the City as ascertained by the last assessed valuation of the taxable property in the City is $4,660,649,637 for the collection year 2012. 2. As of November 1, 2012, the City has limited tax general obligation indebtedness, consisting of bonds and leases outstanding in the principal amount of $28,022,930, which is incurred within the limit of up to 1' /2% of the value of the taxable property within the City permitted for general municipal purposes without a vote. 3. As of November 1, 2012, the City has no unlimited tax general obligation indebtedness for capital purposes only for general municipal purposes; for City -owned water, artificial light, and sewers; or for acquiring or developing open space, park facilities, and capital facilities associated with economic development. D. The Bond. For the purpose of providing the funds necessary to carry out the Project and pay the costs of issuance and sale of the Bond, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bond to the Bank, pursuant to the terms set forth in the Purchase Offer. Section 3. Authorization and Description of Bond. A. The City shall borrow money on the credit of the City and issue its negotiable limited tax general obligation bond evidencing indebtedness in the amount of $1,000,000 to provide funds necessary to carry out the Project and to pay the costs of issuance and sale of the Bond. B. The Bond shall be issued as a single bond in the amount of $1,000,000, shall be dated its date of delivery to the Bank, shall bear interest from its date, shall be issued in fully registered form and shall be numbered R -1. The proceeds of the Bond, after payment of costs of issuance, shall be deposited as set forth in Section 11 and shall be used to carry out the Project, or a portion of the Project, in such order of time as the City determines is advisable and practicable. C. From the date of delivery of the Bond to the Bank, through and including November 30, 2015, the unpaid principal amount of the Bond will bear interest at a fixed rate of 1.75% per annum. Commencing on December 1, 2015, through and including November 30, 2018, the unpaid principal amount of the Bond will bear interest at a fixed rate of 2.85% per annum. Commencing on December 1, 2018, through and including W: Word Processing \Ordinances \Bond issuance 2013 for MPD 1 -16 -13 PM:bjs Page 3 of 8 265 December 1, 2022 (the Maturity Date), the unpaid principal amount of the Bond will bear interest at a fixed rate of 4.00% per annum. Interest will be computed on the basis of a 360 -day year consisting of twelve 30 -day months. D. The Bond will be paid in approximately equal semiannual installments of principal and interest due on each June 1 and December 1, beginning June 1, 2013, to the Maturity Date or earlier prepayment of the Bond. A debt service schedule describing the installments of principal and interest on the Bond will be attached to the Bond form as Exhibit A. The final installment payment of principal of and interest on the Bond, whether on the Maturity Date or upon prepayment, shall be in an amount equal to the remaining principal and interest due on the Bond. Section 4. Bond Registrar; Registration and Transfer of Bond. A. The Finance Director is appointed to act as Bond Registrar for the Bond. The Bond shall be issued to the Bank only in registered form as to both principal and interest. The Bond Register shall contain the name and mailing address of the owner of the Bond. When the Bond has been paid in full, both principal and interest, the Bond shall be surrendered by the owner to the Bond Registrar, who shall cancel the Bond. B. The Bond may be assigned or transferred only in whole and Bank will not transfer the Bond to a subsequent investor unless the Bank causes such investor to receive such information regarding the City and the Bond as is necessary to comply with Rule 1Ob -5 of the Securities and Exchange Commission. The Bank agrees to indemnify the City and all of its agents and attorneys, with respect to any claim asserted against the City or any of its agents or attorneys that is based on or related to the Bank's sale, transfer or other disposition of the Bond, other than any claim that is based upon the willful misconduct of the City or any of its agents or attorneys. C. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bond, which shall be open to inspection by the City at all times. The Bond Registrar shall serve as the City's authenticating agent, registrar and paying agent for the Bond and shall comply fully with all applicable federal and state laws and regulations respecting the carrying out of those duties. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond should it be transferred or exchanged in accordance with the provisions of the Bond and this ordinance, to serve as the City's paying agent for the Bond and to carry out all of the Bond Registrar's powers and duties under this ordinance and the System of Registration. D. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bond. The Bond shall state on its face that the principal of and interest on the Bond shall be paid only to the owner thereof registered as such on the Bond Register as of the record date set forth therein and to no other person or entity. W: Word Processing \Ordinances \Bond issuance 2013 for MPD 1 -16 -13 PM:bjs 266 Page 4 of 8 Section 5. Payment of Bond. Both principal of and interest on the Bond shall be payable in lawful money of the United States of America. Principal of and interest on the Bond shall be paid by electronic funds transfer, or by checks or drafts of the Bond Registrar mailed on the payment date to the registered owner at the address appearing on the Bond Register no later than the second Business Day preceding the payment date. Section 6. Prepayment of Bond. The outstanding principal amount of the Bond may be prepaid in whole or in part at any time prior to the Maturity Date at par plus accrued interest to the date of prepayment. The City will provide the Bank with written notice of any intended prepayment at least 15 days prior to such prepayment date. At any time there is a partial prepayment, the remaining semiannual installment payments shall be recalculated as mutually agreed upon, in writing, by the City and the Bank to reflect either a reduction in the semiannual payment amount, or the earlier maturity date of the Bond. Within seven business days of prepayment, the Bank shall provide to the City and the Bond Registrar a recalculated payment schedule. Section 7. Failure To Pay Bond. If the Bond is not paid when properly presented at its prepayment date or Maturity Date, the City shall be obligated to pay interest on the Bond at the same rate provided in the Bond until the Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the owner. Section 8. Pledge of Taxes. The Bond constitutes a general indebtedness of the City and is payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for repaying the Bond. For as long as the Bond is outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bond as the same becomes due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bond. Section 9. Tax Covenants; Designation of Bond as a "Qualified Tax - Exempt Obligation." A. Preservation of Tax Exemption for Interest on Bond. The City covenants that it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bond or other funds of the City treated as proceeds of the Bond at any time during the term of the Bond which will cause interest on the Bond to be included in gross income for federal income tax purposes. B. Post - Issuance Compliance. The Finance Director is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the covenants in this Section 9 and the applicable requirements of the Code that must be satisfied after the issue date to maintain the tax treatment of the Bond and the receipt of interest thereon. W: Word Processing \Ordinances \Bond issuance 2013 for MPD 1 -16 -13 PM:bjs Page 5 of 8 267 C. Designation of Bond as a "Qualified Tax - Exempt Obligation." The City designates the Bond as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3) of the Code, and makes the following findings and determinations: 1. the Bond is not a "private activity bond" within the meaning of Section 141 of the Code; 2. the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax - exempt obligations from the City, or that issues tax - exempt obligations on behalf of the City) will issue during the calendar year in which the Bond is issued will not exceed $10,000,000; and 3. the amount of tax - exempt obligations, including the Bond, designated by the City as "qualified tax - exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed $10,000,000. Section 10. Form and Execution of Bond. A. Form of Bond; Signatures and Seal. The Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. The Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on the Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, the Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. The Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. B. Authentication. Only if the Bond contains a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall the Bond be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate Of Authentication. This Bond is the fully registered City of Tukwila, Washington, Limited Tax General Obligation Bond, 2013." The authorized signing of the Certificate of Authentication shall be conclusive evidence that the Bond has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 11. Funds; Deposit of Proceeds. A. Bond Debt Service Fund. The Bond Fund is created as a special fund for the sole purpose of paying principal of and interest on the Bond. Bond proceeds in excess of the amounts needed to pay the costs of the Project and the costs of issuance, if any, W: Word Processing \Ordinances \Bond issuance 2013 for MPD 1 -16 -13 PM: bj s 268 Page 6of8 shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bond shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bond. The principal of and interest on the Bond shall be paid out of the Bond Fund, and until needed for this purpose, the City may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and be used for the purposes of that fund. B. Project Fund. The Project Fund is created for the purpose of paying the costs of the Project. Proceeds received from the sale and delivery of the Bond shall be deposited into the Project Fund and used to pay the costs of the Project and costs of issuance of the Bond. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Project Fund and be used for the purposes of that fund, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project Fund and used for those tax or rebate purposes. Section 12. Acceptance of Purchase Offer. A. The Bank has submitted a proposal to purchase the Bond from the City under the terms and conditions of the Purchase Offer. The City Council finds that accepting the Purchase Offer is in the City's best interest and therefore accepts the Purchase Offer. There will be no loan fee due to the Bank. The City will be responsible for all other costs of issuance of the Bond. The amount of Bond Counsel's fee will be withheld from the Bond proceeds and wire transferred, on behalf of the City, directly to Bond Counsel at closing. B. The Bond will be prepared at the City's expense and will be delivered to the Bank in accordance with the Purchase Offer, with the approving legal opinion of Foster Pepper PLLC, municipal bond counsel of Seattle, Washington, regarding the Bond. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bond to the Bank and for the proper application and use of the Bond proceeds. Section 13. General Authorization and Ratification. The appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bond to the Bank and for the proper application, use and investment of the Bond proceeds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 14. Repealer. Ordinance No. 2393 of the City, passed December 10, 2012, is repealed in its entirety. W: Word Processing \Ordinances \Bond issuance 2013 for MPD 1 -16 -13 PM:bjs Page 7of8 269 Section 15. Financial Reporting Requirements. So long as the Bond is outstanding, the City will provide to the Bank in form and content acceptable to the Bank its annual financial report. Section 16. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 17. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Bond issuance 2013 for MPD 1 -16 -13 PM:bjs 270 Page 8 of 8 January 22, 2013 Honorable City Council City of Tukwila 6200 Southoenter Blvd Tukwila. WA 98188 flonorable COlincil Members, Ilwrik you for the opportunity to propose an offer to purchase the City of Tukwila, King County. Washington. Limited Tax General Obligation Bond, 2013, (the Cashmere Valley Bank (the "Bank") itas approved the borrowing outfitted in this tanurnittnent letter under the following terms: 1 13orrtiwer: City of Tlikedia, King County, Washington (the "City-)„ 2, Amount: $1,0008,100 Form: Fully registered, bank-qualified tax-exempt limited tax general obligation bond issue*d by the City and purchased by the Batik at private sale, 4. Purpose: For the purpose of making improvements to the Tukwila Metropolitan Park District swimming pool and to pay related costs of issuance of the Bond. Bond Terms: ) Interest Rate; From the Date of Delivery. thmugh and including Noventber 30, 2015, the =paid pritici amoutit of the Bond will bear interest at a fixed rate a 1,75% per .cinnunt. Commencing on December 1, 2015, dimwit and including Noventber 30. 2( 18, the unpaid principal arnotun a the Bortd will bear interest at a fixed rate of 2.85%per anntmL Commencintl on December 1, 2018, thniugh and including Demniber 1, 20 the 'Maturity Date), the unpaid prineiptd amt)unt of 'the turd 1 1)ear interest at a fixed rate of 4.00$8 per annum. In re mill be computed on 1400'1121e AMeeue 8.1.F.,„,,6 ei.W 10a *peeve% Weehieffien ,98004-0997* OM 6884935: o' Too Peel (OW 252-2265 - Fax 0125j 688,3937 271 Ciry of Tuicwi la January' 22. P e 2 the basis of.a 360-day year consisting..of twelve 30-day -months. The .Bond will be dated the Date of Delivery and will -bear interest from its date. b) Terms: Approximately equal semiannual installments of principal and interest will be due June I and December 1, beginning June 1, 2013 to the Maturity .Date or earlier prepayment. A-debt service schedule deseribing the above installments of principal and interest on the Bond is attached hereto as Exhibit A and incorporated herein by this reference. The final installment payment of principal-of-and interest on the Bond, whether on the Maturity Date or upon prepayment. shall he in an amount equal to the remaining principal and interest due on the Bond. The Bond -Registrar and Paying Agent will be .the City of Tukwila. c) Security The City ‘vi.11 irrevocably covenant for as long as the Bond is outstanding and unpaid. that each year it will include in its budget and levy an ad valorem tax, within and as a part of the tax it-tillage levy permitted to cities without a Vote of the electorate, upon all the property within the City subject to taxation in an amount which will be sufficient, together with all other funds of the City which may legally be used and which the City may apply for such purposes to pay the principal of and interest on the Bond as the -same shall -become due and payable. d) Transferability The Bank will hold. this Bond with no intent. to sell or transfer, The Bond may be transferred only in whole. subject. to the Bank. Re-presentations set forth in Section 9 herein. and as provided in the authorizing ordinance --(the "Bond Ordinance".) to be adopted by the City Council of the City (capitalized terms- used herein will. have the meanings given them in the Bond Ordinance), and the Bond Ordinance is by this reference incorporated herein. 6. Prepayment The outstanding principal. amount of the Bond may be .prepaid in whole or in part at any time prior to the Maturity Date at par .plus accrued interest to the date of prepayment. The City will provide the Bank with written notice of any intended prepayment at :least 15- days prior to such prepayment date. At any time there is .a partial. prepayment, the remaining semiannual installment payments shall be recalculated as mutually agreed upon. in ‘vriting by the City and the Bat* to reflect either a reduction in the semiannual payment amount, or the earlier maturity date of the Bond. Within seven (7) business days of prepayment, thc Bank shall provide to the City and the Bond Re,gistrar recalculated payment schedule. 272 City of Tilkwila January 22. 2013 e 3 Fees: There is no an fee due to the Bank. The City is responsible for all other costs of issuance oldie Bond. An amount. of $ 18.900. representing lees and costs of •bond counsel. will be withheld from Bond proceeds and wire transferred. on behalf of the City. directly to bond counsel at closing, Additional Terms: The Bond documents will be in the standard forms customarily required by the Bank for municipal funding and will include additional terms and conditions not discussed above. The City will designate the Bond as a "qualified tax-exempt obligation'. under Section 265(h) (3) of the Internal Revenue Code of 1986. as amended, for investment by financial institutions. The City will provide its annual :financial report to the Bank during the period the Bond is outstanding and held by the Bank. At the date of closing the Bond. the financial condition and credit of the City and all other features of this transaction ‘vill be as represented to the Bank without material adverse change. In the event of adverse material changes in the credit worthiness of the City, including litigation involving or claims filed against. the this' commitm.ent will terminate upon notice by the Bank. This commitment is non- assignable by the City. This commitment supersedes any prior commitments,. oilers., or agreements, written or oral concerning this financing and can only be modified in writing., Bank Representations: As a material :inducement to the City's promise to sell the Bond to the E3ank, the Bank hereby makes the following representations: a) The Bank is a bank as defined in Section 3(a)(2) of the Securities Act of 1933. as amended, or a savings and loan association or other institution as defined. in Section 3(a)( 5)(a) ofthe Securities Act of 1933. b) The Bank is sufficiently .knowledgeable and experienced in financial and business matters. .including the purchase and. ownership of debt. securities, to he able to evaluate the risks:and merits of the investment represented by the purchase of the Bond, and it is capable of and has made its own investigation. of the C.Ity and the use of the Bond proceeds in connection with its decision to purchase the Bond. Th.c Bond is being acquired by the Bank for investment and not with a view 'to, or for resale in connection vith. any distribution of the .Bond. and the Bank intends to hold the Bond 1br its own account and for an indefinite period of time. and does not intend at this time to dispose of all or any part of the Bond. The Bank . understands that it may need to bear the risks of this investment for an indefinite time, since an sale prior to maturity may not be possible. c) The Bank acknowledges that (i) it has received a copy of the Bond Ordinance and all other documents: certineates and instruments with respect to the Bond and the transactions contemplated thereby that it deems necessary to make a decision- with respect to an investment in the 273 Cib of Tukwila January 22. 2013 P 4 Bond and (ii) it is familiar with the conditions. financial and otherwise. of the City and understands the security pledged for payment of the Bond. Further. the 'Bank understands and acknowledges that. among other risks. principal of and interest on the Bond is payable solely from the sources described in the Bond Ordinance. The ..Bank has made such inquiry with respect to all of the foregoin.g as it believed to be desirable for its purposes. d) It is acknowledged that no official statement, offering circular or other securities disclosure document. has.been provided by the City, and that any written. .information furnished by the City or any other party to the transaction does not purport to fully disclose all information pertinent to the Bond.... In entering into this transaction. the .Bank has not relied upon any representations or opinions made by the City relating to the legal consequences or other aspects of the transaction. nor has it looked to. nor expected. the City to undertake or require any credit investigation or due diligence .reviews relating to the City. its financial condition or business operations, the use of the Bond proceeds. or any other -matter pertaining to the merits or risks of the transaction. or the adequacy of the fun.ds.pledged to secure repayment of the Bond. e) The Bank has independently evaluated the factors associated with its investment decision. The Bank has been given full and complete access to and has been: furnished with all. information requested by the Bank regarding the City and the use of the Bond proceeds. and has conducted such other investigations relating to the City. the use of the Bond proceeds and the Bond: as in the opinion of the Bank was necessary in connection with its purchase of the .Bond. f) -Fhe Bank will not transfer the Bond to a subsequent investor unless the Bank causes such investor to receive such information regarding the Citv . and the Bond as is .accessary to comply with Rule 104-5 of the Securities and Exchange Commission, The Bank agrees to indemnify the City and all of its agents and attorneys. with respect to any claim asserted against. the City or any of its agents or attorneys that is based. 00 or related to the Banks sale, transfer or other disposition of the Bond. other than any claitn that is based upon the .\villful misconduct Of the City or any of its agents or attorneys. 10. Closing: The Bond is anticipated to -1( se on or about February 1. 2013. Acceptance; This commitment is not binding unless the City signs and retunis this letter to the Bank. prior to the close of business on January 30, 2013 at which time the commitment will expire without notice. 1 1 after acceptance. the Bond has not closed by February 15. 2013, this commitment will expire without notice. 274 City of Tukwila January 22 2013 P e 5 ORAL AGREEMENTS O1. ORAL COMMITMENTS TO LOAN MONEY. EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Thank you for this opportunity to work with the City. Sincerely, CASE, ERE VALLEY BANK Y Ron Olsen Director Municipal Services Acknowledged and accepted this 22nd day ofJanuary, 2013 CITY OF TUKWILA KING COUNTY., WASHINGTON By: Title: cc: Alice Ostdiek, Foster Pepper 275 C atTukwila January 22, 2013 1' a 11 6 EXHIBIT A L11.1.0.01 Ptivm(101„Nti i J114 Principal ftwe (0-4..‘st 13.ndioe. Cash. flow 02401/13 1M00.000.00 1,000.000.00 06/0113 1.000.000.00 (50,73) 67) 1.75% (5.833.33) 049.268.33 (56.565.00) 1.2/01/13 949.268.33 (48.258,90) 1.7.5% (8.306.10) 901.009,43 (56,565.00) 06/01/14 901.009.43 (48.681.17) 1,75% (7,883,83) 852,328.26 (56,565.00) 12/004 852.328,26 (49,107.13) 1 75% (7.457.87) 803,221,13 (56.565.00) 06/01/15 803.221.13 (49,536.82) 1,75% (7.028,18) 753,684.31 (56.565.00) 12/01/15 753.684.31 (49.970,26) 1.75% (6.594.74) 703.714,05 (56.565.00) 06/01116 703.714,05 (46.537.07) 2,85% (10.027,03) 657.176„98 (56.565.00) 12401/16 657.176.98 (47_200.23) .18599 (9.364,77) 609.976,75 (56.565.00) 06/01/17 609.976.75 (17,872,83) 2.859 f. (8,692.17) 562.103.92 (56.565.00) 12/01/17 562,103.92 (48.555,02) 7.85% (8,009,98) 5) 3,548.90 (56.565.00) 06/01/18 513,548.90 (49,246,93) 2.85% (7,318,07) 464,301.97 (56.565,00) 12/01/18 464,301,97 (49,948,70) 1385% (6.6)6.3(1) 414,353.27 (56.565.00) 06/01/19 414.35127 (48.277,931 1.0099 (8,287.07) 366,075.34 (56.565.00) 12/01/19 366,075.34 (49,243.49) 4,00% (7,321.51) 316.831.85 (56.565.00) 06/01/20 316.831.35 (50,228.36) 4.00% (6.336.64) 266,603.49 (56.565.00) 12/01/20 266,603,49 (51,232,93) 4,00% (5„33107) 215,370.56 (56,565.00) 06101,21 215.370.56 (52,257 59) 4,0099 (4.307,41) 163.112.97 (56.565.00) 12/01/21 163.11,2,97 (51.302,71) 4,0099 (3.262.26) 109.810.23 (56.565.00) 06/01/22 109.810.23 (54.36880) 4,0099 (2,196.20) 55.441.43 (56,565.00) 12/01/22 53.14 1:43 (55.141.43) 4.00% (1.198.83) (56.550.26) (131.285.26) 276 BOND DEBT SERVICE City of Tukwila, Washington Proposed Limited Tax General Obligation Bonds, 2013 PRELIMINARY NUMBERS Period Ending Principal Coupon Interest Debt Service 12/01/2013 45,000 2.000% 29,561.11 74,561.11 12/01/2014 55,000 2.000% 33,100.00 88,100.00 12/01/2015 55,000 2.000% 32,000.00 87,000.00 12/01/2016 55,000 3.000% 30,900.00 85,900.00 12/01/2017 55,000 3.000% 29,250.00 84,250.00 12/01/2018 60,000 3.000% 27,600.00 87,600.00 12/01/2019 60,000 4.000% 25,800.00 85,800.00 12/01/2020 65,000 4.000% 23,400.00 88,400.00 12/01/2021 65,000 4.000% 20,800.00 85,800.00 12/01/2022 70,000 4.000% 18,200.00 88,200.00 12/01/2023 70,000 4.000% 15,400.00 85,400.00 12/01/2024 75,000 4.000% 12,600.00 87,600.00 12/01/2025 75,000 4.000% 9,600.00 84,600.00 12/01/2026 80,000 4.000% 6,600.00 86,600.00 12/01/2027 85,000 4.000% 3,400.00 88,400.00 970,000 318,211.11 1,288,211.11 Jan 3, 2013 10:31 am Prepared by Seattle- Northwest Securities Corp. (k:\ analysis \dbc \city \Tukwila:TUKWILA- 13LTGO) Page 2 277 278 TO: City of Tukwila CITY ADMINISTRATOR REPORT Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: January 16, 2013 SUBJECT: Report for January 22, 2013 Regular Council Meeting Jim Haggerton, Mayor The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. The report consists of information provided by the Executive Team, with editing and input by the City Administrator. Please let me know if you have any questions or need additional information about any of the following items, and please feel free to contact any of the department heads for additional information. I. Intergovernmental and Local Issues Update MEETINGS • Tukwila School District: City Administrator David Cline continued his monthly meetings with Dr. Mellody Matthes, Tukwila School District Interim Superintendent, to discuss issues in common between the City and the District. Other City staff members are also meeting with School District representatives to share resources and improve communication. • Chamber of Commerce: Mayor Haggerton, Council President Hougardy, the City Administrator and Economic Development Administrator attended the Chamber of Commerce lunch on January 11. The Chamber presented their annual business awards. • Enterprise Seattle: The City Administrator, Community Development Director, and Economic Development Administrator attended EnterpriseSeattle's annual economic forecast. EnterpriseSeattle announced it has changed its name to the Economic Development Council of Seattle and King County. The economists agreed that 2013 would be a better year than 2012 and that 2014 will be better than 2013. • Proposed Annexation of Area Q (North Highline Annexation): On January 10, the Boundary Review Board (BRB) held the third hearing on Tukwila's proposed annexation of Area Q and voted 8 -2 to deny it. The decision will be finalized on February 14 after the BRB staff prepares written findings for the decision. Property owners in the area had filed a petition to annex to Tukwila in June, and the City had filed a Notice of Intent to annex in August of 2012. The City is reviewing possible next steps and options on this issue. II. Department Updates MAYORS OFFICE • Strategic Planning: City Departments are finalizing their 2013 Work Plans, and Berk and Associates will be providing support as we develop the systems and tools necessary to align City efforts with the Strategic Plan. Work sessions with the City's Leadership Team will be held in the next several weeks. 279 City Administrator Report Page 2 HUMAN SERVICES • Community Outreach: Human Services staff members are providing orientations to a new Pediatric Dentistry business and a new Pastor in the Tukwila community. This includes introductions to other community partners, sharing demographics, and brainstorming ways to work together. • Human Services Advisory Board: The Human Services Advisory Board meeting on January 11 afforded an opportunity for exchange between the King County Housing Authority Executive Director, our Advisory Board, the Interim Superintendent of the Tukwila School District and the Human Services Manager. Discussion included the status of federal, state and local housing resources, homelessness issues, and innovative strategies being enacted by the Housing Authority. PUBLIC WORKS • Televising Council Meetings: The current schedule calls for system testing in February. Currently, audio and lighting upgrades are being installed, to be followed by electrical and audio /video cabling. The new system should be up and running by the end of the first quarter. DEPARTMENT OF COMMUNITY DEVELOPMENT (DCD) • New Permit System: CRW achieved the first milestone of the project with the successful installation of the Trakit program on Tukwila's server prior to the end of the year. This week follow -up will occur to discuss the mapping information needed, and DCD, PW, IT and Fire will continue to work together to develop a City wide master address list and update procedures. • Plant 2 Dredging Project: On January 11, DCD staff attended the kick -off of the dredging of the Duwamish River by the Boeing Company as part of the Duwamish Sediment Other Area and Southwest Bank Corrective Measure, required by Administrative Order on Consent issued to Boeing in 1994 by the U.S. Environmental Protection Agency under the Resource Conservation and Recovery Act. Approximately 59 acres of river bed are affected with approximately 200,000 cubic yards of dredged contaminated sediment to be removed. Clean soil will replace the removed contaminated sediments. Many federal and state agencies, local governments, two federally recognized tribes (Muckleshoot and Suquamish), and community groups have been involved in the development of the clean -up plan over the past 19 years. The clean -up is expected to take three years, with work stopping during fish migration times. The water dredged up with the sediment is filtered to remove contaminants before being returned to the river. PARKS AND RECREATION • Parks, Recreation and Open Space Plan: Staff completed the Request for Proposals (RFP) process to select a consultant to develop the Parks, Recreation and Open Space Plan. Over 30 solicitations were distributed and five proposals were received. A review committee reviewed and scored the five proposals to narrow the field to three consultants. These three were selected for a panel interview on January 15. A recommendation for consultant will move to the Community Affairs and Parks Committee and then to City Council for approval. • Duwamish Hill Preserve: A grant from 4Culture in the amount of $10,000 has been awarded for the Duwamish Hill Preserve Phase II Archaeological Survey. 280 City Administrator Report Page 3 TUKWILA POOL — METROPOLITAN PARK DISTRICT (MPD) • Parking Lot & Access Improvements Project: Project completion and closeout is currently in process. The overall scope of this project included, concrete work, asphalt paving, striping and minor restoration landscaping. The work performed by the contractor was excellent quality, and they demonstrated flexibility in accommodating the other trades of the entire Capital Project. The final stages of paving and striping were completed last week completing the project. • Locker Room Flooring: The new floor looks great and provides a water tight, non -slip, visually appealing surface that is comfortable to walk on and much easier to maintain. This is a highlight of the renovated locker rooms. • Construction Update: Plumbing fixtures have been installed in the locker rooms, and most all equipment is installed and running. The boiler system was turned on and has been running since January 14, heating the building once again. Flooring is scheduled to take a week and begin on January 21. The pool liner will be installed after that in conjunction with the heat exchanger project. There are a great many details that need to be completed by contractors and in -house by staff, and the project is progressing nicely. • Construction Schedule: Due to the long lead time on the heat exchanger, which was an unforeseen condition, project completion is being pushed back for the soft opening. Given the current delivery and installation times predicted for the heat exchanger and associated work, the pool will re -open no sooner than February 19, 2013. POLICE • Crisis Intervention Training: Since 2011 officers have been sent to Crisis Intervention Training. This month 12 officers will be involved in the training, which is sponsored by the Criminal Justice Training Commission (CJTC) and funded with state grant monies. CJTC offers two courses, an 8 -hour basic course and a 40 -hour advanced course. Both courses focus on providing tools and strategies to recognize, understand, and de- escalate situations involving persons influenced by mental or behavioral disabilities. Tukwila is one of the few King County jurisdictions that is sending all officers and supervisors to the 8 -hour training. Recognizing and dealing with unstable persons when they are in crisis is a real and sometimes dangerous challenge. Although the training does not make the officers field psychologist or mental health counselors or guarantee positive results every time, it does provide useful tools that help keep us and the subjects safer and which may help bring a confrontational situation to a peaceful outcome. III.Responses to Council /Citizen Inquiries • Follow -up from City Council meetings by topic area: • Request for information regarding mobile cafes (April 16, 2012). This issue will be addressed as part of proactive code enforcement in 2013. • Issues with loose dogs at Joseph Foster Memorial Park (June 11, 2012). Regional Animal Services of King County (RASKC) enforces issues with loose dogs in parks. If it is an in- progress incident that needs an immediate response, the Police Department will respond and call RASKC as needed. All other problems or issues should be reported directly to RASKC as part of Tukwila's contract for animal control services. • Historical plaque at Joseph Foster Park (September 24, 2012). Historical plaques have been placed throughout the City, and over the years, some of the plaques have needed to be replaced or updated. This particular plaque is being updated and is expected to be replaced in 2013. 281 City Administrator Report Page 4 • "Dogs on Leash" signs at parks (October 8, 2012). Parks Maintenance staff had some signs in the inventory and has placed them in parks; additional signs have been ordered and will be installed in 2013. • Issues at Tent City (November 5, 2012). The Police Department has monitored and tabulated the calls for service associated with tent city. We will conclude an after action report regarding lessons learned. This report will be on file and will be used for discussions regarding any future hosting of tent city. The idea is to use this information to establish controls to mitigate further issues. • Excessive and aggressive panhandling at Bartell's (November 5, 2012). Staff from the Police Department notified Bartell's about partnering on this issue. They were advised of our criminal trespass agreement which allows the police officers to contact and warn individuals loitering on Bartell's private property. This warning is in the form of a criminal trespass warning, which, if violated, can result in an arrest. The Tukwila International Boulevard police team is monitoring the situation. • Concerns about individuals at local Chevron station. Request for further outreach to businesses (November 5, 2012). The Tukwila International Boulevard bike team has been contacting the businesses on TIB in an effort to engage and educate them on how to better work with the Police Department in reporting crime. This is an ongoing effort that will require constant reminders and focus. 282 2012 City -Wide Work Plan - Fourth Quarter Update The City of Tukwila, in the spirit of partnership with its community, is preserving and enhancing a vibrant and healthy quality of life by providing caring, effective and efficient service. As stewards of our community, we are dedicated to the following core values: Service, Quality, Caring, Respect, Integrity, Excellence The projects will be influenced by, within each tier. PRIORITY PROJECT DEPARTMENT(S) STATUS AS OF DECEMBER 31, 2012 Tier 1 - High Priority Projects 1. City -Wide Strategic Planning Mayor, All Departments On December 10, City Council adopted a Resolution No. 1784, adopting the City's Strategic Plan. City leadership and staff will be putting the City's Vision, "The City of Opportunity — The Community of Choice" into action /implementation as plans are developed and Council goals are established for 2013 and beyond. Steering, Staff and Executive Committee meetings were held throughout the fourth quarter. Staff Open Houses were held in October, and a Council Workshop /Public Open House was held on November 8. Community engagement continued throughout the quarter as the Plan took shape and went through numerous drafts and reiterations. On November 26, Berk and Associates provided an overview of the draft Plan to City Council, Staff and Council meeting attendees. The 2013 -2014 adopted budget includes implementation funding. 2. Biennial Budget 2013 -2014 Finance, All Departments The 2013 -2014 Budget was adopted on December 3, with a key priority of financial sustainability and a focus on crime reduction, especially on Tukwila International Boulevard. The budget document was distributed to Council on January 7, 2013. A press release will be included in the February issue of the Tukwila Reporter. The budget process began with the Council retreat and included workshops in May, September and October. As the budget was developed, the process was discussed with staff, the Administration and Council on numerous occasions, with final review occurring in November, which included a public hearing. a. Facilities Plan Community Development, Public Works The adopted 2013 -2018 Capital Improvement Program (CIP) was adopted on December 3 and continues funding for several important capital projects such as Interurban Avenue and Boeing Access Bridge repairs, and includes funding for residential neighborhoods, and an examination of all city facilities with a focus on public safety and a creation of a funding plan. b. Compensation & Benefits Review Human Resources Per Council Adopted policies, the non - represented COLA wage adjustment and benefit schedule for 2013 will be brought forward to the Finance and Safety Committee in February 2013. Page 1 2012 City -Wide Work Plan - Fourth Quarter Update PRIORITY PROJECT DEPARTMENT(S) STATUS AS OF DECEMBER 31, 2012 c. Vehicle & Equipment Replacement Fund Public Works, Fire, Police, others The adopted 2013 -2014 Budget includes vehicle and equipment replacement funding. All departments worked together to help reduce fleet costs by 10 %. Replacement funds were continued in the budget for an important Police Records Management System. All police, fire and public work vehicles are now accounted for in the replacement fund. 3. Tukwila Village Economic Development The City Council approved the Disposition and Development Agreement (DDA) on October 22 and the Development Agreement (DA) on December 10. The developer and City co- hosted a community meeting for input on the design of the plaza and commons at Foster High School on November 28. The King County Library System hosted two community meetings on the design of the new Tukwila Library. 4. Tukwila International Boulevard - Focus Police, Economic Development, Community Development The Community Policing Team focused their efforts on the Tukwila International Boulevard (TIB) corridor. They have been achieving great success in identifying and interdicting street -level crime with the use of the new video surveillance equipment. The new Neighborhood Resource Center (NRC) has been the hub of crime fighting efforts and continues to be a great resource. Working with two TIB motels to establish and implement the voluntary compliance criteria of the Chronic Nuisance Ordinance. Funding was increased in the 2013 -2014 Police budget to implement additional crime reduction strategies along TIB. 5. Tukwila South Public Works, Finance, Community Development Segale Properties realigned the connection point for Segale Drive C to match the newly realigned Southcenter Parkway as part of their Public Works permit. a. Southcenter Parkway Extension Public Works The new road was opened to traffic on November 21. The formal ribbon cutting ceremony was held on December 14. b. Accounting Protocols Finance, Community Development, Mayor The deadline for establishing accounting protocols has been extended and will be readdressed in the first half of 2013. 6. Major Planning Efforts a. Department of Community Development Community Development i. Southcenter Plan Community Development At the October 25 meeting, the Planning Commission made unanimous recommendations on the Comprehensive Plan chapter, Southcenter Subarea Plan, Southcenter Design Manual and new Tukwila Municipal Code Chapter 18.28. Staff will be completing SEPA review of the documents and will return to the Council with a proposed work plan for Council review in the 1st Quarter. ii. Orillia Road Annexation Community Development The Tukwila City Council approved the Interlocal Agreement (ILA) on October 1. The City forwarded the ILA to King County for action on October 23. iii. Northwest Potential Annexation Area Community Development The Boundary Review Board (BRB) held a final public hearing on January 10, 2013 and voted 8 -2 to deny Tukwila's Annexation of Area "Q ". The decision will be finalized on February 14 after the BRB staff prepares written findings for the decision. Property owners in the area had filed a petition to annex to Tukwila in June, and the city had filed a Notice of Intent to annex in August of 2012. Page 2 2012 City -Wide Work Plan - Fourth Quarter Update PRIORITY PROJECT DEPARTMENT(S) STATUS AS OF DECEMBER 31, 2012 b. Utilities i. Surface Water, Water, Sewer Plans Public Works The final draft plans will be brought to the Utilities Committee in early 2013. ii. Solid Waste Management Public Works The King County Solid Waste Interlocal Agreement is expected to move through committee and Council in early 2013. c. Regional Fire Authority Review (RFA) Fire, Mayor The Regional Fire Authority discussions have been placed on hold for 2 -3 years. 7. Improve Communication All Departments Several areas of the City's 2012 Strategic Plan identified the need for greater outreach and communication with a wide range of stakeholders: residents, businesses, service providers and employees. City Departments including Human Services, Police, Fire, Parks and Recreation and others are taking broader steps to improve our connections with many of these groups. Community meetings have utilized translators for our culturally diverse residents, and we have worked with service providers (Somali Community Services Coalition, Refugee Women's Alliance, Neighborhood House, Global2Local, Tukwila Pastors, and Tukwila School District) by supporting mutual information exchanges to better serve our community in the areas of health access, needs identification, holiday help and emergency preparedness. a. Review Televising Council meetings Public Works Audio and lighting upgrades, along with the new video system, should be installed and ready for testing in February 2013. b. Internal and External All Departments Regular on -going meetings with department representatives and administration have resulted in better collaboration. Staff from administration have participated in various departmental meetings as a way to share information and collect feedback. Police Department staff continue to meet with representatives from the Somali community to engage in relationship building and crime prevention. 8. Council Process a. Consent Agenda City Clerk The City Council approved use of an enhanced Consent Agenda process on April 2. Since that time, the Consent Agenda has been consistently used for routine matters, allowing the Council to spend more time on complex issues. Since the inception of the new process, 35 items have been referred from a Council Committee to the Consent Agenda, and 3 items have been referred by the Council President to the Consent Agenda. 2012 City -Wide Work Plan - Fourth Quarter Update PRIORITY PROJECT DEPARTMENT(S) STATUS AS OF DECEMBER 31, 2012 b. Continued Records Transparency City Clerk MULTI - DEPARTMENT PUBLIC RECORDS REQUEST FULFILLED — 1/1/12 - 12/31/12 Coordinated by the City Clerk's Office Requestor Category Number of Requests Responsive Records Tukwila Residents 12 requests from 6 residents Non Tukwila Residents 20 1,089 pages, 3 CDs, 9 links to Digital Records Center (DRC) 679 pages, 8 links to DRC to 345 different documents Attorneys 12 2,033 pages, 15 CDs Commercial Entities 22 879 pages, 8 CDs Total staff time for the 66 requests = 636.25 hours at a cost of $29,971.57* Total time for City Attorney's Office = 155.40 hours at a cost of $20,249.00 *Information provided from the Public Records Request Project Accounting Code used in timecard reporting. Tier 2 — Priority Projects STATUS AS OF DECEMBER 31, 2012 9. Major Capital Projects a. Transit Center Public Works The right -of -way and design is being finalized, with a bid award anticipated by the 2 "d quarter of 2013. b. Andover Park West Public Works The design and construction will be tied with the Transit Center. c. Design of 42nd Avenue — Phase 3 Public Works The design will be completed by the end of 2013. i. Under- grounding Policy Decision Public Works The Council decided not to underground 42 "d Avenue Phase 3 and requested a longer term review of the undergrounding policy, and options for future projects will be forthcoming. 10. Metropolitan Park District Support (MPD) Parks and Recreation Staff continues to provide support to the Metropolitan Park District (MPD), most notably with the management of the capital improvement project that started in November 2012. Staff also continues to research and respond to MPD Board requests and provide support to the Tukwila Pool Advisory Committee. 11. Emergency Management Implementation Fire, All Departments City staff members from all departments attended the emergency management training held at Fire Station 51 on October 30 conducted by the Washington State Emergency Management Division on Public Assistance. The Police Department provided names for staffing of the Emergency Command Center (ECC) positions and will focus on continuing training for those positions. 12. Federal & State Agenda Council, Mayor Elected officials and City staff continue to remain active in state and federal relations that are directly in support of the City's Legislative agenda. Although there were no trips to Olympia or Washington D.C., telephone calls and email are exchanged on a regular basis to keep legislative communications open. 13. Aerospace Alliance Mayor, Economic Development The City participated in development of the Alliance's action plan and continues to attend progress review meetings. Page 4 2012 City -Wide Work Plan - Fourth Quarter Update 14. Quasi - Judicial Activities a. Sounder Station Community Development The City is in the process of reviewing the building permit. The Tukwila City Council approved the Unclassified Use Permit last quarter. Sound Transit submitted revisions to the building permit on November 27, and the City is in the process of reviewing the changes. b. Tukwila Village Community Development The Department of Community Development participated in reviewing the Development Agreement. We are waiting for submittal of the design review application. 15. New Permit Software Community Development, Fire, Finance, PW, IT The Department of Community Development negotiated a contract with CRW that provides: • 5 additional seats of the program at no additional cost (25 for the price of 20) • Field users (code enforcement & inspectors) do not count against those seats • Citizen Response Module for free ($10,000 savings) • $15,000 eCityGov Alliance Discount • Maintenance cost increases limited to an average of 2.5% per year for at least 10 years • Allows us to offer the benefits of electronic permitting to our customers Implementation has started and the kickoff meeting will be held in January. Staff will return to Council with a technology fee proposal to cover the capital costs of the program when it is available to our customers. A Trakit user group has been started to share information with the other cities in our area. Five other cities attended the first meeting on November 1; the next meeting will be in January. 16. Tukwila Levee Repairs & Maintenance Public Works There was substantial completion of the removal of all Super Sacks from the levee and all Hesco containers from the West Valley Highway side. Green River Trail patching and paving will be completed in the 2nd Quarter of 2013. 17. Tukwila Urban Center Access — L.I.D. #33 Public Works, Finance Final payment has been issued to Atkinson Construction. Preliminary appraisals and assessment role development is scheduled for completion by the end of January 2013. Formal project close -out, cost accounting and acceptance, assessment roll hearings and bond issuance should be completed by the end of the second quarter 2013. Page 5 2012 City -Wide Work Plan - Fourth Quarter Update Page 6 Tier 3 — Future Projects STATUS AS OF DECEMBER 31, 2012 18. Design of Pedestrian Bridge (2013) Public Works Design will be completed by the end of 2013. 19. Parks, Recreation & Open Space (2013) Parks and Recreation Staff completed the Request for Proposals (RFP) process by sending information to over 30 consultants. Five proposals were submitted and reviewed by an internal review panel and scoring process. The top three consultants will be interviewed in January 2013. 20. Comprehensive Plan Update (2015) Community Development, Others The Planning Commission forwarded their recommended changes to the Southcenter chapter to the Council for consideration along with the other elements of the Southcenter Plan. The Utilities, Transportation, Capital Facilities and Natural Environment Chapters are scheduled for review in 2013. Projects Not on the Work Plan Tourism Promotion Area (TPA) Economic Development The staff presented an overview of a Tourism Promotion Area (TPA) to the Finance and Safety Committee on June 5. The Finance and Safety Committee determined that additional due diligence was necessary. After the Tukwila Village development agreement was approved in December, staff from the Department of Community Development and the City Attorney's Office began additional due diligence. This item is scheduled to come to the Finance and Safety Committee in the 1st quarter of 2013. Historic Preservation /Landmarks ILA and Ordinance DCD, Parks An ordinance was adopted on November 5. The Mayor's Office will need to appoint a member to the Landmarks Commission prior to their hearing any Tukwila applications. Page 6 Upcoming Meetings & Events January /February 2013 21st (Monday) 22nd (Tuesday) 23rd (Wednesday) 24th (Thursday) 25th (Friday) 26th (Saturday) M.L. City offices King, Jr. Day Closed f, > Utilities Crate, 5:00 PM (CR #1) ➢ City Council Executive Session, 6:00 PM ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) ➢ Tukwila Metropolitan Park District Board of Commissioners Meeting, 8:00 PM (Council Chambers) ➢ Finance & Safety Crate, 5:30 PM (CR #3) ➢Tukwila Tree and Environment Advisory Committee Meeting, g, 5:30 — 7:30 PM (CR #2 — 6300 Southcenter• Blvd) ➢ COPCAB, 6:30 PM (CR #5) ➢ Planning Family Movie Night on the Big Screen Al Bring your sleeping bag or to set up in the Tukwila Community Center Social Hall. Doors open at 6:00 PM; movie starts at 6:30. Free! But bring 2 cans offood per person for the Tukwila Food Pantry. Tukwila Int'l. Action Trash Pickup 9:00 — 10:00 mall 1211111 For location Rick r ick@fwschler. Blvd. Cmte's Day AM , contact at oyg Commission, Cancelled 28th (Monday) 29th (Tuesday) 30th (Wednesday) 31st (Thursday) 1st (Friday) 2nd (Saturday) ➢ Community Affairs & Parks Crate, 5:15 PM (CR #3) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers). C.O.W. to be immediately followed by a Special Meeting. ➢ Transportation Crate, 5:00 PM (CR #1) > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. > Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187. > Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf Rm #5. Phi Huynh (206- 433 - 7175). > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf Room #3. Contact Joyce Tr•antina at 206 - 433 -1850. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf. Room #3 (A) A contract with BERK Consulting for Strategic Plan implementation. (B) An ordinance regarding the leak adjustment policy. (C) Tentative Finance and Safety Committee items for 2013. > Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. > Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson at 206 - 767 -2308. > Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670. > Transportation Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #1 > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Brodin at 206 - 433 -1861. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1 (A) 2013 Utilities Committee Work Plan. (B) TCC Spray Park Sewer Connection — Project Completion and Acceptance. (C) EMWS Emergency Storm Pipe Repair 11 -19 -12 Project Status. (D) EMILS Emergency Storm Pipe Repair 11 -19 -12 — 2013 Annual Small Drainage Program Consultant Selection and Agreement. (E) Solid Waste Interlocal Agreement Amended and Restaged Agreement. 289 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. January 7 14 22 (Tuesday) See agenda packet cover sheet for this week's agenda (January 22, 2012 Regular Meeting). 28 Special Presentation: Public Outreach and Engagement Liaison Program (POEL) for Forterra. February 4 Special Presentation: 11 19 (Tuesday) 25 Swearing in of 5 entry level Police Officers: Darryl Barnes, Nathan Betts, John Hernandez, Michael Schlotterbeck, Joseph Zaehler. Appointments: Planning Commission Appointment. Unfinished Business: An ordinance vacating portions of South 178th Street right -of -way. 290