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HomeMy WebLinkAboutReg 2009-07-20 Item 7A - Resolution - Public Works Permitting Authority for Tukwila South to Anchor QEA and KPFFCAS NUmber 09-104 AG I ,N D.\ I LEM TITI.1 Tukwila South Independent Public Works Project Manager C. \"I'I :X;ORY SPONSOR SPONSOR'S SI': \I \I. \R1' RI',\'II ',WI Disciisi ion Motions Resolution Ordinance 1 Bid Award 1 1 Public Hearing Other MTG. DATE 7/20/09 MTG. DATE 7/20/09 o_ 1 IOI COW Mtg. Utilities Cmte ExPINDI"1'URI? RI?QUIRIM $100,000 COUNCIL AGENDA SYNOPSIS Initials i'vIeetino Date Prepared by 1 Mayors review 1 Cowutlr' ev ;ew 07/20/09 RB I _/L. e— t!�/ IJ ITEM INFORMATION I ORIGINAL AGENDA DATE: JULY 20, 2009 it Ltg Doty 7/20/09 Mt& Date 07/20/09 Mtg Date 7/20/09 Mtg Date Mtg Date n CA &P Cmte F &S Cmte Arts Comm. Parks Comm. ATTACHMENTS Informational Memorandum dated 7/20/09 Draft Resolution Draft contract for Anchor QEA, LLC Draft contract for KPFF 11 Planning Comm. DATE: Tukwila South; goes directly to Council RECOMMENDATIONS: SPONSOR /ADMIN. Mayor recommends approval at July 20, 2009 Regular meeting COMMI 11Thli Fund Source: $50,000 FROM GRANT FUNDS AND $50,000 REIMBURSEMENT FROM LA PIANTA LLC Comments: RECORD OF COUNCIL ACTION ITEM No. k tlitg Date Ritg Date Council Mayor U Adtn Svcs DCD Finance Fire Legal U P&R Police PW Authorize Mayor to sign contracts with Anchor QEA and KPFF for Tukwila South independent Public Works project management services in the amount of $50,000 for each contract (using $50,000 grant funds and with $50,000 reimbursement by La Pianta LLC) and adopt a Resolution delegating Public Works authority to issue permits on a Tukwila South Project -only basis. Transportation Cmte COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 TO: ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM City Council Mayor Haggerton FROM: Rhonda Berry, City Administrator DATE: July 20, 2009 SUBJECT: Tukwila South Independent Public Works Project Manager Jim Haggerton, Mayor Authorize the Mayor to adopt a resolution delegating Public Works permitting authority for the Tukwila South Project (only) and authorize the Mayor to sign contracts with Anchor QEA and KPFF for Tukwila South independent Public Works project coordination services. On June 8, 2009 the City Council adopted Ordinance 2233 approving a Development Agreement for the Tukwila South Project. On June 10, the Mayor and the La Pianta representative signed the Development Agreement. Additionally, Council adopted ordinances and a resolution approving various associated land use actions. On June 15 the Council approved annexation of the portion of the Tukwila South Project that is currently outside the City's incorporated boundaries. At the Mayor's direction, staff has begun to implement the provisions of the Development Agreement. There are several actions in the Development Agreement, which must occur by certain times or the Development Agreement terminates. Staff and La Pianta have begun work on an escrow agreement, interviewing accountants, and the annexation submittal to the Boundary Review Board. We want to continue the momentum to implement Tukwila South. As with other Tukwila South related items, this item is brought directly to Council at a Regular meeting. The Public Works staff is very busy with their current responsibilities. The Public Works Director is in charge of the Howard Hanson Dam efforts by Valley cities, and this focus needs to remain strong and continue at least through one flood season. Additionally, the Department is engaged in other projects such as Klickitat and TIB Phase 11 and III. This model of a centralized coordinator for large -scale projects has worked well in other jurisdictions such as the City of Issaquah, so that the dedication of staff time towards project management does not detract from the Department's level of service to the rest of the City. As a result, the City proposed to La Pianta that we retain the services of an independent project coordinator who can focus on this project and serve as a resource for this public private partnership. INFORMATIONAL MEMO Page 2 Through a series of interviews and discussions, we have found a good combination of individuals and firms to be the Tukwila South independent Public Works project manager; these individuals have the relevant experience and have worked together many times as a team in the past. They will provide good, high level direction to get the levee, Southcenter Parkway, and necessary City permits completed in order to move Tukwila South forward and continue the momentum. These firms are Anchor QEA and KPFF. Bob Montgomery, PE, and Mark Veldee, PE, are the firms' representatives, respectively. They, and their associates, have direct knowledge of the other agencies and permit- issuers involved, of how to complete a FEMA levee certification project (which Public Works has not done), and of issuance of City permits. One contract for each firm, in substantially final form, is attached. The estimated expense for these project coordination services is $100,000. The City is able to use its state grant funds for "project administration" services such as these. As a means of keeping the Tukwila South Project moving ahead, La Pianta LLC has offered to reimburse the City for half of the costs ($50,000) and will sign a contract with the City. Therefore, the expense of these services will not impact the City's General Fund. So that there is not appearance of a conflict of interest, La Pianta will not have a contract directly with these firms. La Pianta will enter into a reimbursement contract with the City for 50% of the fees and costs billed. This is similar to other cities, which require applicants to reimburse the City for direct services received in the development review process. A resolution is attached which delegates the Public Works permitting authority and project review to the Anchor QEA and KPFF team for Tukwila South Project only. This will allow them to act as the City's agent and issue permits, such as clearing and grading and flood control zone for Tukwila South applications only. At the time all the major Tukwila South work is completed, a future resolution will be brought to Council to rescind this resolution. This change will prove beneficial to keep the Tukwila South project moving forward and on schedule to bring new revenue to the City. RECOMMENDATION Adopt the resolution delegating Public Works permitting authority for the Tukwila South project issues to the new Tukwila South independent project manager (Anchor QEA and KPFF), at the Council's Regular meeting on July 20, 2009. Authorize the Mayor to sign contracts, in substantially the form presented, for Tukwila South independent project management services with both Anchor QEA and KPFF in the amount of $50,000 for each contract at the Council's Regular Meeting on July 20, 2009. ATTACHMENTS Draft Resolution Draft contract with Anchor QEA Draft contract with KPFF WATS Indep PW Proj Mgr7- 20- 09.doc APPROVED AS TO FORM BY: Office of the City Attorney City of Tukwila Resolution No. Christy O'Flaherty, CMC, City Clerk Washington A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON, DELEGATING PUBLIC WORKS PERMITTING AUTHORITY FOR THE TUKWILA SOUTH PROJECT TO ANCHOR QEA AND KPFF. WHEREAS, the City of Tukwila will acquire by annexation, approximately 259 acres of real property, known as the "Tukwila South Property," generally located between the boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is being developed consistent with the Tukwila South Master Plan, and the permits related to such development are expected to be numerous and beyond the normal workload of the City's Public Works Department staff; and WHEREAS, Anchor QEA is an environmental and engineering firm that specializes in projects with aquatic, shoreline and water resource elements. It has extensive expertise and experience addressing environmental review and permitting, water resources, water quality, habitat restoration and sediment management, through levee projects, Endangered Species Act (ESA) compliance, and engineering design services. KPFF Consulting Engineers provides full service civil and structural engineering to public and private sector development, including local public works department experience; experience coordinating with regulatory agencies for approval at federal, state and local levels; management of multi- disciplinary consultants to deliver complex projects; and extensive road construction oversight and management (such as Seattle's Spokane Street Viaduct); and WHEREAS, the team of Anchor QEA and KPFF will provide oversight for the public works functions related to the Tukwila South Project, and Anchor QEA, in particular, will provide oversight for the Green River levee certification, site environmental review, and large scale stormwater facilities review; and KPFF, in particular, will provide oversight of the permitting and construction of Southcenter Parkway and overall parcel grading activities; and WHEREAS, to better meet the needs of the City in fulfilling its obligations related to development of the Tukwila South Project, the City accordingly desires to delegate permitting authority from the Public Works Director to the team of Anchor QEA and KPFF; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Delegation of Authority. Permitting authority for Public Works permits related to the Tukwila South Project is hereby delegated from the Public Works Director to the team of Anchor QEA and KPFF to better meet the needs of the City in fulfilling its obligations related to the Tukwila South Project. Section 2. Duration. This delegation of authority shall remain in effect until rescinded by resolution of the City Council. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: W: \Word Processing \Resolutions \TS Delegating Permitting Authority.doc ksn 07/17/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 PROFESSIONAL SERVICES CONTRACT This Contract is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city, hereinafter referred to as "the City," and Anchor OEA, LLC, hereinafter referred to as the "Consultant," for the purpose of providing project coordination services related to the Tukwila South Development. WHEREAS, the City has determined the need to have certain services perfoinied for its citizens; and WHEREAS, the City desires to have the Consultant perform such services pursuant to certain terms and conditions; now, therefore; IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scone of Services to be Performed by the Consultant. The Consultant 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 Consultant 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. 2. Compensation and Method of Payment. W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc Contract No. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval in the foiiu set forth on Exhibit "B" attached hereto and incorporated herein by this reference. The City shall pay the Consultant its regular hourly rates, in an amount not to exceed $50,000.00. The Consultant shall complete and return Exhibit "C" Taxpayer Identification Number, to the City prior to or along with the first billing voucher submittal. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing July 20, 2009 and ending July 19, 2010, unless sooner terminated under the provisions hereinafter specified. 4. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. 5. Independent Consultant. The Consultant and the City agree that the Consultant is independent with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for paying, withholding, or otherwise deducting any customary state or federal payroll deductions, including but not limited to FICA, FUTA, state industrial insurance, state workers compensation, or otherwise assuming the duties of an employer with respect to the Consultant or any employee of the Consultant. 6. Indemnification. The Consultant shall indemnify, defend, and hold harmless the City, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Consultant, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, its agents, or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death, or damage, the Consultant shall, in addition to indemnifying and holding the City hainiless from any liability, indemnify the City for any and all expenses incurred by the City in defending such claim or suit, including reasonable attorneys' fees. 7. Insurance. A. The Consultant shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in tei niination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, if applicable, the Consultant shall procure and maintain in full force professional liability insurance for those services delivered pursuant to this Agreement that, either directly through Consultant employees or indirectly through contractual or other arrangements with third parties, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $1,000,000 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall include, but not be limited to, the provision of any services provided by any licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. -2— W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc 8. Record Keeping and Reporting. A. The Consultant 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 pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement and compliance with 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. The City shall have the right to conduct an audit of the Consultant's financial statement and condition and to a copy of the results of any such audit or other examination performed by or on behalf of the Consultant. 10. Tennination. This Agreement may at any time be terminated by the City upon giving the Consultant thirty (30) days written notice of the City's intention to terminate the same. If the Consultant's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant 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. 12. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 13. Entire Agreement. This Agreement contains the entire agreement between the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes to the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. -3— W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc 14. Notices. Notices to the City of Tukwila shall be sent to the following address: By: Attest /Authenticated: Approved As To Form: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to the Consultant shall be sent to the following address: Anchor QEA, LLC 811 Kirkland Avenue, Suite 200 Kirkland, WA 98033 15. Applicable Law; Venue; Attorneys' 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 exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees, expert witness fees, and costs of suit. CITY OF TUKWILA, WASHINGTON ANCHOR QEA, LLC Jim Haggerton, Mayor Date: Date: Christy O'Flaherty, CMC, City Clerk Shelley Kerslake, City Attorney -4— W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc By: Its: EXHIBIT A SCOPE OF SERVICES Consultant shall provide engineering services regarding the Tukwila South Project as follows: Independent Public Works Project Management Scope of Work Outline City of Tukwila, Tukwila South Project Coordinate with KPFF to provide project coordination services. Project Status review. Project Monitoring and reporting, in conjunction with KPFF. Levee Permitting Review and Assistance. Provide a review of the levee permit applications and their status within the COE, FEMA and NMFS. Work with the City and La Pianta to ensure issues are identified and addressed in the permitting applications and supporting documents. Attend meetings with permitting agencies as needed to help facilitate approval of the levee design and certification through FEMA. FEMA Letter of Map Revision (LOMR) Southcenter Parkway. Provide a review of the Southcenter Parkway and associated stormwater facility designs to ensure that the roadway is constructed in accordance with applicable City code's and WSDOT's Local Agency Guideline environmental standards and requirements. Review the roadway associated drainage reports to ensure that stormwater from the roadway meets the permit conditions specified in the local, state and federal approvals required for the project. Meet with permitting agencies, as necessary, to facilitate ultimate construction of the roadway. Review and issue city permits for large stormwater drainage facilities (North and South Ponds) Assist with issuing Shoreline Substantial Development Permit Other responsibilities as needed to accomplish the commitments in the Tukwila South Development Agreement -5 W:\2009 InfoMemos \Professional Services Contract Anchor QEA.doc To: City of Tukwila Attn: Finance Dept. 6200 Southcenter Blvd. Tukwila, WA 98188 Phone number: 206 433 -1800 Fax: 206-433-1833 Consultant: Anchor QEA, LLC Telephone: Mailing Address: Specific Program: Contract Period: Reporting Period: Amount requested this invoice: Invoice Number: Date of Invoice: Authorized signature BUDGET SUMMARY Total contract amount Previous payments Current request Total requested this contract to date Balance remaining EXHIBIT B City of Tukwila Billing Voucher Note: If applicable, submit a separate voucher for each program which is funded by your City of Tukwila contract. Approved for Payment: For Department Use Only Date: 6 W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc In order for you to receive reimbursement from the City of Tukwila, we must have either a Tax Identification Number or a Social Security Number. The Internal Revenue Code requires a Form 1099 for payments to every person or organization other than a corporation for services performed in the course of trade or business. Further, the law requires us to withhold 20% on reportable amounts paid to unincorporated persons who have not supplied us with their correct Tax Identification Number or Social Security Number. Please complete the following infoiniation request form and return it to the City of Tukwila before or along the submittal of the first billing voucher. Please check the appropriate category: TIN SS Print Name: Print Title: Business Name: Business Address: Business Phone: Corporation Government Individual /Proprietor EXHIBIT C City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 TAX IDENTIFICATION NUMBER 7 W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc Partnership Other (please explain) PROFESSIONAL SERVICES CONTRACT This Contract is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and KPFF Consulting Engineers, hereinafter referred to as the "Consultant," for the purpose of providing project coordination services related to the Tukwila South Development. WHEREAS, the City has determined the need to have certain services performed for its citizens; and WHEREAS, the City desires to have the Consultant perfoint such services pursuant to certain terms and conditions; now, therefore; IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scope of Services to be Performed by the Consultant. The Consultant 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 Consultant shall at all times comply with all federal, state, and local statutes, rules, and ordinances applicable to the perfoiivance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc Contract No. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval in the foir set forth on Exhibit "B" attached hereto and incorporated herein by this reference. The City shall pay the Consultant its regular hourly rates, in an amount not to exceed $50,000.00. The Consultant shall complete and return Exhibit "C" Taxpayer Identification Number, to the City prior to or along with the first billing voucher submittal. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing July 20, 2009 and ending July 19, 2010, unless sooner terminated under the provisions hereinafter specified. 4. Ownership and Use of Documents. All documents, drawings, specifications, and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. 5. Independent Consultant. The Consultant and the City agree that the Consultant is independent with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for paying, withholding, or otherwise deducting any customary state or federal payroll deductions, including but not limited to FICA, FUTA, state industrial insurance, state workers compensation, or otherwise assuming the duties of an employer with respect to the Consultant or any employee of the Consultant. 6. Indemnification. The Consultant shall indemnify, defend, and hold haiuiless the City, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of the Consultant, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of the City, its agents, or employees caused or contributed thereto. In the event that the City shall elect to defend itself against any claim or suit arising from such injury, death, or damage, the Consultant shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expenses incurred by the City in defending such claim or suit, including reasonable attorneys' fees. 7. Insurance. A. The Consultant shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, if applicable, the Consultant shall procure and maintain in full force professional liability insurance for those services delivered pursuant to this Agreement that, either directly through Consultant employees or indirectly through contractual or other arrangements with third parties, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $1,000,000 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall include, but not be limited to, the provision of any services provided by any licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. -2— W: \2009 InfoMlemos \Professional Services Contract KPFF Consulting Engineers.doc 8. Record Keeping and Reporting. A. The Consultant 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 pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement and compliance with 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 perfonnance of this Agreement. The City shall have the right to conduct an audit of the Consultant's financial statement and condition and to a copy of the results of any such audit or other examination performed by or on behalf of the Consultant. 10. Termination. This Agreement may at any time be teiniinated by the City upon giving the Consultant thirty (30) days written notice of the City's intention to terminate the same. If the Consultant's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant 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. 12. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. 13. Entire Agreement. This Agreement contains the entire agreement between the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes to the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement, 3 W:\2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc 14. Notices. Notices to the City of Tukwila shall be sent to the following address: By: Attest /Authenticated: Approved As To Form: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to the Consultant shall be sent to the following address: KPFF Consulting Engineers 1601 Fifth Avenue, Suite 1600 Seattle, WA 98101 15. Applicable Law; Venue: Attorneys' 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 teiiuf of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees, expert witness fees, and costs of suit. CITY OF TUKWILA, WASHINGTON KPFF CONSULTING ENGINEERS Jim Haggerton, Mayor By: Its: Date: Date: Christy O'Flaherty, CMC, City Clerk Shelley Kerslake, City Attorney 4 W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc EXHIBIT A SCOPE OF SERVICES Consultant shall provide engineering services regarding the Tukwila South Project as follows: Independent Public Works Project Management Scope of Work Outline City of Tukwila, Tukwila South Project Team with Anchor QEA to provide project oversight. KPFF's responsibility will be for oversight of the permitting and construction of Southcenter Parkway and overall parcel grading activities. This includes: Project Status Review Project Monitoring and Reporting. Establish a monitoring and reporting process to track and address key design, permitting, grant and construction issues, and to communicate and facilitate their resolution. Set project milestones around significant review, permitting, bidding and construction activities. Oversee completion of Southcenter Parkway design drawings. Construction Document Permit Review. KPFF will provide technical review for both parcel clearing and grading permits and the Southcenter Parkway design. Review plans for compliance with City and State codes and standards as well as grant requirements. Upon completion KPFF will determine if a permits should be issued and what conditions, if any will be placed upon the permits. Southcenter Parkway Bidding and Awards Provide Oversight of the Construction Manager. This will include review of submittals, RFI's, Inspection reports and provide oversight and recommendation concerning change orders. Provide water quality monitoring. Periodic attendance at construction meetings, coordinate City inspection efforts, oversight of peiniit compliance, franchise utility performance and grant compliance issues, periodic reports to the City Council. Work as Certified Agency Representative as designated by City of Tukwila (required for administering federal funds) Quality control Project Closure Coordinate construction with private utilities Assist with obtaining a FEMA Letter of Map Revision, as needed Other responsibilities as needed to accomplish the commitments in the Tukwila South Development Agreement 5 W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc To: City of Tukwila Attn: Finance Dept. 6200 Southcenter Blvd. Tukwila, WA 98188 Phone number: 206 433 -1800 Fax: 206-433-1833 Authorized signature BUDGET SUMMARY Total contract amount Previous payments Current request Total requested this contract to date Balance remaining Approved for Payment: Date: EXHIBIT B City of Tukwila Billing Voucher Consultant: KPFF Consulting Engineers Telephone: Mailing Address: Specific Program: Contract Period: Reporting Period: Amount requested this invoice: Invoice Number: Date of Invoice: Note: If applicable, submit a separate voucher for each program which is funded by your City of Tukwila contract. For Department Use Only -6— W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc In order for you to receive reimbursement from the City of Tukwila, we must have either a Tax Identification Number or a Social Security Number. The Internal Revenue Code requires a Form 1099 for payments to every person or organization other than a corporation for services performed in the course of trade or business. Further, the law requires us to withhold 20% on reportable amounts paid to unincorporated persons who have not supplied us with their correct Tax Identification Number or Social Security Number. Please complete the following information request form and return it to the City of Tukwila before or along the submittal of the first billing voucher. Please check the appropriate category: TIN SS Print Name: Print Title: Business Name: Business Address: Business Phone: Corporation Government Individual /Proprietor EXHIBIT C City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 TAX IDENTIFICATION NUMBER Partnership 7 W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc Other (please explain)