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HomeMy WebLinkAboutCOW 2008-02-25 COMPLETE AGENDA PACKET Tukwila City Council Agenda 01 y': C OMMITTEE OF THE WHOLE <Q oaf. O Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pamela Linder q Rhonda Berry, City Administrator Dennis Robertson Verna Griffin 1908 Joe Duffie, Council President Kathy Hougardy De'Sean Quinn Monday, February 25, 2008; 7 :00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. SPECIAL Fire Department Awards; Nick Olivas, Fire Chief PRESENTATIONS Police Department Promotion of Mike Villa to Assistant Chief 3. CITIZEN At this time, you are invited to comment on items not included COMMENT 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. 4. SPECIAL ISSUES a. A resolution increasing the Municipal Court Change Fund. Pg.1 b. A contract for In -Car (Police) Video Purchase. Pg.9 c. Amend conditions of the contract with Sound Inspections Pg.37 Investigative Engineers, LLC for the Westfield Mall expansion. d. A contract for services with Freedman Tung Bottomly (F113) Pg.53 to complete the Tukwila Urban Center Plan (grant funded and needs completion in early March). e. Consultant selection and agreement for 2008 Overlay Program. Pg.81 f. Museum of Flight Pedestrian Bridge Airspace Lease. Pg.97 g. Interlocal agreement with Renton for Strander Boulevard Pg.111 Extension Project. h. Bid award for Minkler ReRoof Project, Building "B." Pg.131 i. Discussion on technology options for the City Council. Pg.135 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL A GENDA SYNOPSIS J'Vgs s k 41 Itutzals I EMYI NO. s P 1t 4 Meetutg Date Prepared by C Mayor's remelt) I Council renew i;=. I 02/25/08 KAF l tikes'` 4 01 1 03/03/08 KAF 1" 1308 1 r 1 T ITEM INFORMATION 1 CAS NUMBER: 08-024 ORIGINAL AGENDA DATE: FEBRUARY 25, 2008 AGENDA ITEM TITLE Request to Increase Municipal Court Change Fund and Repeal of Resolution No. 1647. CATEGORY Discus zon Motion Resolution Ordinance Bzd Award Public Hearing Other tilts Date 02/25/08 Mtg Date Mtg Date 03/03/08 Mtg,Date Mtg Date Mtg Date Mtg Date SPONSOR Council Ma Adm Svcs DCD Fznance Fire Legal Pe.R Police P1V SPONSOR'S The Tukwila Municipal Court currently maintains stewardship of an operating change fund SUMMARY at a level of $150.00 as mandated by Resolution No. 1647. It is the desire of Court staff to request an increase at this time from $150.00 to $300.00 through the repeal of this resolution enabling them to provide for operational efficiency as well as improved customer service by having an adequate change fund level to meet these needs and objectives. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. 1 Parks Comm. Planning Comm. DATE. 02/20/08 RECOMMENDATIONS: SPoNsoR /ADMIN. Forward to COW Meeting for Council's motion to approve implement. COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $n /a $n /a $n /a Fund Source: GENERAL FUND Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 2/25/08 MTG. DATE ATTACHMENTS 02/25/08 Informational Memorandum dated 2/4/08 Resolution No. 1647, dated 10/15/2007 Draft Resolution Proposed Change Court Administrator's Written Request, dated 01/16/2008 Minutes from the Finance Safety Committee meeting dated 2/20/08 y City of Tukwila Department of Finance Kevin A. Fuhrer, Finance Director 1908 MEMORANDUM February 4, 2008 To: Mayor Jim Haggerton Finance Safety Committee From: Kevin Fuhrer, Finance Director 4. Finance Department Subject: Proposed Increase to Municipal Court Change Fund and Repeal of Resolution No. 1647 The attached proposed draft resolution will increase the Municipal Court Change Fund level as follows: General Fund (0001: Municipal Court Change Fund (1) 150.00 General Fund Total 150.00 (1) As per the Court Administrator's request on 01/11/2008, it is the Municipal Court's desire to increase their change fund from its current level of $150.00 to $300.00 which will provide for operational efficiency and improved customer service. Once the City Council approves to increase the Municipal Court's change fund through the repeal of Resolution No. 1647 —a claims disbursement check will be issued through Accounts Payable to release the funds. Thank you, in advance, for your kind consideration with regards to this matter. Attachments Lejl 6200 Southcenter Boulevard Tukwila, Washington 98188 -2544 Phone: (206) 433 -1838 Fax: (206) 433-1833 Email: kfuhrer@cL tukwila. wa. us ArJl k w �r N Yx 19t)8 City of Tukwila Washington t� Resolution No. 1 L/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DISSOLVING THE 6300 BUILDING (DCD) CHANGE FUND AND THE MUNICIPAL COURT PETTY CASH FUND; AND REPEALING RESOLUTION NO. 1582. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No. 1582 passed July 5, 2005, and WHEREAS, there is consensus to dissolve the 6300 building (DCD) change fund of $100.00, which is no longer required for operations; and WHEREAS, there is consensus to dissolve the Municipal Court petty cash fund of $500.00, which is no longer required for operations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Change Fund levels are hereby set as follows: !Finance Department 1 Water Fund 000 1 100-00 !Municipal Court 1 General Fund 000 1 150.00 1 Parks and Recreation 1 General Fund 000 1 300.00 Golf Course !Foster Golf Course Fund 411 1,200.00 (or less as needed) Section 2. The Petty Cash Fund levels are hereby set as follows: (Finance Department General Fund 000 800.00 1 Police Investigation /Tukwila General Fund 000 5,000.00 Fire Department General Fund 000 1 350.00 1 Parks and Recreation General Fund 000 500.00 Public Works Div. II General Fund 000 1 350.00 1 Public Works Div. I General Fund 000 1 200.00 Section3. Resolution No. 1582 is hereby repealed. PASSED BY THE CITY COUN(IL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 10 of ('7 Crt (7.Lt et 2007. ATTEST /AUTHENTICATED: f f 1 Verna Griffin, Council President b i te E. Cantu, CMC, City Clerk t APPROVED TO F RM: Filed w i t h the City Clerk n -10 -On $y: Passed by the City Council_I 00 -1 i' -t ice of the A tomey Resolution Number n C \Documents and Settings \All Users \Desktop\Ke1ly \MSDATA Resolutions \1582 Change Fund.doc LJ:KSN 10/10/2007 Page 1 of 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE MUNICIPAL COURT CHANGE FUND LEVEL; AND REPEALING RESOLUTION NO. 1647. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No. 1647, passed October 15, 2007; and WHEREAS, for operational efficiency and improved customer service, there is a need to increase the Municipal Court Change Fund from $150.00 to $300.00; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Change Fund levels are hereby set as follows: Finance Department Water Fund 000 100.00 I Municipal Court General Fund 000 300.00 Parks and Recreation 1 General Fund 000 300.00 Golf Course .Foster Golf Course Fund 411 1,200.00 (or less as needed) Section 2. The Petty Cash Fund levels are hereby set as follows: Finance Department General Fund 000 I 800.00 1 Police Investigation /Tukwila General Fund 000 5,000.00 1 Fire Department General Fund 000 350.00 1 Parks and Recreation General Fund 000 1 500.00 Public Works Div. II General Fund 000 350.00 Public Works Div. I General Fund 000 1 200.00 Section 3. Resolution No. 1647 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Joe Duffle, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: C: \Documents and Settings \A11 Users Desktop Kelly MSDATA Resolutions Change Fund.doc Lj:KSN 1/17/2008 Page 1 of 1 ``i 9s y Tukwila Municipal Court O.: ~1 �j z l�'' y n t1P o 620 Southcente B oulevard Tukwila, Washington 98188 -2599 r668 206- 433 -1840 Fax: 206 433 -7160 E -mail: http: /wwwtuk.wa.gov /court Kimberly A. Walden LaTricia R. Kinlow Presiding Judge Court Administrator To: David Hauntz Senior Fiscal Controlle From: LaTricia Kinlow t If A, Court Administrator /4' Date: January 16, 2008 Subject: Request for Increase in Change Fund To date the Court maintains a petty cash amount of $150.00. We are requesting to increase the amount to $300.00. Increasing the change fund amount will enable us to provide better customer service by having sufficient resources to process transactions at our front counter. Please let me know if you need additional information in order to grant this increase. Thank you in advance for your consideration. Cc: Kimberly Walden, Presiding Judge Valerie Johnston, Acting Administrative Support Coordinator s J��N'� w gsy OF City of Tukwila 011.1 ems; 6' r; a Finance Safety Committee rsos FINANCE AND SAFETY COMMITTEE Meeting Minutes February 20, 2008 5:00 p.tn. PRESENT Councilmembers: Dennis Robertson, Chair; Joan Hernandez (filling in for Pam Linder) and Kathy Hougardy Staff Kevin Fuhrer, Dave Haynes, Jim Morrow, Rhonda Berry and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:04 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution Increasing the Municipal Court Change Fund Staff is seeking full Council approval of a resolution that will increase the Municipal Court's Change 1\ Fund from the current level of $150.00 to $300.00. The increase in the change fund will improve the Court's efficiency in processing customer transactions. This will require the repeal of Resolution No. 1647. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. B. Sales Tax Report Staff discussed the Sales Tax Report actual receipts received through November 2007. The trend of actual sales tax revenues continues to be higher than budgeted projections. Staff explained that approximately 72% of the reported increase is due to business sectors related to new construction. This information should cause the City to be cautious when formulating new budget initiatives as this revenue source may be one -time dollars. Westfield Mall is expected to open a substantial amount of new retail space in late July; however, streamlined sales tax will be going into effect as of July 1. The City will need to continue watching these impacts to anticipate future trends. INFORMATION ONLY. C. Biennial City Budget Kevin Fuhrer stated that he has talked with the City Clerk's Office and intends to give a presentation regarding biennial budgeting to the full Council on Monday, March 17 or Monday, March 24. The presentation will be made during the first quarter as the Committee requested. The presentation will offer both pros and cons of biennial budgeting. Some of the requirements of changing the budget process will include: The year of a biennium budget musts begin in an odd year; therefore, we would be discussing the 2009/2010 biennium. A change from annual to biennial budgeting will require an ordinance authorizing the process. To implement the biennial process, the ordinance as mentioned above will need to be adopted by June 30, 2008. A budget review will be required mid biennium. This review cannot start any earlier that September 1, 2009, and must conclude by December 31, 2009. Any changes resulting from the above review will require a public hearing. The biennial budget is an unrestricted budget. INFORMATION ONLY. w COUNCIL AGENDA SYNOPSIS t c .•.1y� 5 Initzats ITEM NO. P�� r i r Meeting Date Prepared by i Mayor's rpiew 1 Council review 02/25/08 1 DH 0 03/03/08 1 DH 1 I V 1 I I i 6. ITEM INFORMATION CAS NUMBER: 08-025 I ORIGINAL AGENDA DATE: FEBRUARY 25, 2008 AGENDA PrEM TITLE Police Department In -Car Video Purchase Contract CATEGORY Discussion Motion Resolution Ordinance BidAwward L1 Public Healing I I Other Mtg Date 02/25/08 Mtg Date 03/03/08 Mtg Date Mtg Date Mtg Date Mtg Date i Itg Date SPONSOR Council Ma Adrl Svcs DCD 1 1 Finance Fire (l Legal 1 I P&R Police PW SPONSOR'S Council is being asked to award a contract to Coban Research and Technologies, Inc. in the SUMMARY amount of $150,532.47. The contract is for the purchase and installation of digital in -car video for the patrol cars. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte f Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. f Planning Comm. DATE: 2/20/08 RECOMMENDATIONS: SPONSOR /ADMIN. Council President COM flrrriE Unanimous Approval; Forward to Committee of the .A /hole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $$150,532.47 Fund Source: 501 02 594 480 64 00 Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/25/08 MTG. DATE ATTACHMENTS 2/25/08 Informational Memorandum dated 1/25/08 Purchase contract and statement of work Minutes from the Finance and Safety Committee meeting of 2/20/08 �11LA, City of Tukwila 1 ffin N ggel ton, Mayor Hayacs, CJnc/ o Police ce =o Police DDepartmentDa David W �c 2 y` An Accredited Agency 19OB MEMORANDUM TO: Chief Haynes FROM: Cmdr. D. McOmber DATE: January 25, 2008 SUBJECT: In -car video purchase contract Chief, Peter Beckwith, Mary Miotke, and Jeff Morton have reviewed the attached contract with our in- car video vendor COBAN Technologies and it is ready to be approved. According to Jeff, the next step after your approval is to send it to Rhonda for her signature. COBAN has set a date of February 18 -22 to begin the process of installing the equipment into the patrol vehicles. Unfortunately, the back -end video management system will have to be installed at a later time due to a scheduling problem with IT. We have not yet determined a date for the back -end install, but it should be within two months. COBAN is going to be in our area during the week of February 18` to complete installations for two other departments who have also purchased their system. Since we plan to put equipment into 15 cars, COBAN wanted to get a head start by doing some of our fleet in advance. Completing some of the installations now will help speed up the final rollout process. As a result, some of the vehicles will have the camera hardware installed, but the equipment will not be functional until later. To keep things rolling along, I would like to get this signed as soon as possible. When the contract is singed, I will fax a copy to COBAN Thanks, DMM ?‘11 ASO) 6200 Southcenter Blvd. Tukwila, WA 98188 Phone (206) 433 -1808 Admin Fax. (206) 244 -6181; Invest. Fax. (206) 431 -3688 PURCHASE CONTRACT and STATEMENT of WORK Between City of Tukwila Police Dept And COBAN Research and Technologies For POLICE DIGITAL IN -CAR VIDEO CAPTURE AND MANAGEMENT SERVICES This Purchase Contract "Contract is made and entered into by and between COBAN Research and Technologies, Inc., (hereinafter referred to as "COBAN and the City of Tukwila Police Dept (the "CITY This Contract consists of the provisions set forth below, including provisions of all Attachments referenced herein and attached hereto In the event of a conflict between the provisions set forth below and those contained in any Attachment, the provisions set forth below shall control. A. General Terms and Conditions 1. Freight All deliveries are F.O.B. Stafford, TX. The CITY will be responsible for the shipping cost in getting the supplies and equipments to its final destination. 2. Warranty conditions All supplies, equipment and services shall include manufacturer's standard one (1) year material warranty. All equipment proposed shall be new unless clearly stated herein in writing COBAN shall assign to the CITY all benefits of any manufacturer's warranty or any other guarantee which may apply to the same; such warranties shall begin when supplies or equipment are delivered to the CITY COBAN further warrants and represents to the CITY: (a) its services and work will be provided in a professional manner, consistent with the commercially accepted best practices and standards that are in use in its line of business as of the time such services and work are provided; and (b) it has the skills, qualifications, expertise, experience and financial capability necessary to perform the services described herein in an efficient and cost effective manner with a high degree of quality and responsiveness; and (c) Any training, support and other services that COBAN provides under this Contract, directly or through its authorized subcontractors, shall be provided by personnel who are trained and skilled in the provision of such services consistent with commercially accepted best practices 3. Contracts All contracts and agreements between COBAN and the CITY shall strictly adhere to the statutes that are set forth in the Uniform Commercial Code as adopted by the State of Texas and as most recently revised. PURCHASE CONTRACT will be put into effect by means of a Purchase Order(s) executed by authorized agents of the CITY 4. Tax exempt status All government entities exempt from payment of taxes under Chapter 20, Title 122A of the Revised Civil Statutes of Texas, for the purchase of tangible personal property, must supply COBAN with the appropriate documentation prior to or in conjunction with initial purchase 5. Delivery For initial deployment COBAN will ship ordered products within 45 working days, from the date of receiving the signed contract and S.O.W. from the CITY. Any subsequent order placed by the CITY after the initial deployment will be executed within 30 business days of receiving the P.O. unless modified in the Special Terms and Conditions section of this Contract set forth below. If a product cannot be shipped within that time, COBAN shall notify the CITY as to why the product has not or cannot be shipped and shall provide an estimated shipping date, if applicable. The participant may cancel the order if estimated shipping time is not acceptable 6. Invoices COBAN shall submit invoices to the CITY. Each invoice shall include the CITY's purchase order number. The shipment tracking number or pertinent information for verification of the CITY's receipt shall be made available upon request. 7. Payments The compensation to be paid to COBAN by the CITY for all services will be as set forth on the Price Quote Statement of Work. Should additional work beyond the scope of the services detailed herein by COBAN be requested by the CITY, fees for such services will be negotiated with the CITY prior to performing such work. The CITY shall make payment within thirty (30) days following the receipt of COBAN's invoice, which invoice shall be sent to: City of Tukwila Police Dept 6200 Southcenter Blvd. Tukwila, WA 98188 Payment shall be mailed to: COBAN Account Receivable 12503 Exchange Drive, Suite 536 Stafford, TX, 77477. 8. Pricing COBAN and the CITY agree to the fee structure for the terms of this Contract detailed in the Coban Price Quote (see Appendix I) City of Tukwila Police Dept Purchase Order Appendix II 9. New Technology and Products New products that meet the scope of work may be added to the existing Contract, provided the parties hereto agree to do so. Pricing for such new products shall be supplied, in writing, to the CITY for review and approval. COBAN may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is superior to the original products offered, is discounted in a similar or to a greater degree and /or if the products meet the requirements of the original solicitation B. Special Terms and Conditions 1. Safety The CITY acknowledges and understands that the installation of after market equipment in motor vehicles can compromise a vehicle's safety related design characteristics, including but not limited to Airbags, including but not limited to potential obstruction of airbag deployment; Passenger compartment, including but not limited to potential for ergonomic problems, physical obstacles, etc. Trunk/gas tank protection, including but not limited to the potential for trunk mounted equipment to exacerbate tank vulnerability in a rear collision. By agreeing to this SOW and to the performance contemplated thereby, The CITY expressly assumes the risks outlined above with respect to the equipment and the installation of said equipment hereunder To this end, your agreement on the mechanical placement of after market, in- vehicle equipment during installation hereunder constitutes CITY's acceptance that these minimum safety requirements have been met, and that the installer has been judged capable of repeating the acceptance criteria for the balance of the installations for the CITY COBAN shall bear no liability whatsoever for any claims, expenses, losses or costs relating to the safety of any equipment provided hereunder or the safety of any installations thereof. Digital video surveillance systems, including in- vehicle systems, offer new functionality and added convenience, but they may also introduce some unique security and privacy exposures. These exposures include, but are not limited to, policies and operating procedures related to a) the capture, transfer, and management of digital images; b) the use of these digital images in legal proceedings, and c) the use of these digital images for other purposes. Numerous techniques are available that may mitigate some of these unique security and privacy risks, including ensuring that security reliance is not placed solely on the system, and that the system and resulting images are used only in compliance with comprehensive department policies and standard operating procedures You acknowledge and understand that you are solely responsible for City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 2 developing, implementing and maintaining appropriate security and privacy policies and operating procedures for the system(s) described in this SOW, and ensuring on -going compliance with them. COBAN shall bear no liability whatsoever for, and you hereby fully, irrevocably and unconditionally release COBAN and its successors and assigns from, any claims, expenses, losses, or costs relating to your use of the materials, system or services provided by COBAN hereunder, including any claims based on the content of any information captured on any video recorder provided hereunder You will be solely responsible for any and all such claims made against COBAN which are based on your use of the materials, system or services provided by COBAN hereunder, The CITY acknowledge and agree that COBAN's performance hereunder does not include any obligation to provide testimony or other evidence of any kind in any legal, regulatory, administrative or other proceeding excluding subpoenas issued by judge or court of law. In the event that COBAN is requested by the "department or the CITY" to be the expert witness to provide testimony or any evidence of any kind in connection with its performance hereunder, whether required by the CITY or any other third party, the CITY agrees to pay COBAN's time and materials rates plus COBAN's actual expenses incurred in the provision of such testimony or evidence. 2. Data Reconstruction: The CITY is responsible for maintaining its own procedures for the reconstruction of lost or altered files, backup or saving of data or programs to the extent deemed necessary by the CITY and for actually reconstructing any lost or altered files, data or programs. COBAN assumes no responsibility for the protection of the CITY data. COBAN is not liable for damage to software or data caused by service to the computer hardware equipment. The CITY agrees that it shall have the sole responsibility for safeguarding the software and data during service work performed by COBAN. COBAN is not liable for software damage due to any outside factor, i.e. software virus, network or power outages, etc. 3. Force Majeure: Neither party hereto shall be liable for delays or failure to perform with respect to this agreement due to (1) causes beyond the party's reasonable control and not avoidable by diligence, (ii) acts of God, epidemics, war, riots, or delays in transportation which are beyond the party's reasonable control and not avoidable by diligence, or (iii) inability for causes beyond its control and not avoidable by diligence to obtain necessary labor, materials, or manufacturing facilities, or delays caused by subcontractors due to similar causes In the event of any such delay (each such event being beyond the party's reasonable control and not avoidable by diligence), the date of performance shall be extended for a period equal to the time lost by reason of the delay. Delays that require the extension of the project timeframe, (IE: vehicles not available for installation, personnel not available for training, back end hardware software failure, etc.), that are not made known to COBAN prior to the commencement of the installation of the in car units may result in additional installation training fee's. Delays occurring during the installation shall be IMMEDIATELY made known to COBAN's Project Manager for coordination and resolution. Delays incurred by the CITY on the behalf of COBAN will be immediately made know to the MAIN Contact person representing the CITY on this project as well as to the appropriate internal COBAN personnel and resolved as quickly and efficiently as possible 4. Miscellaneous: Any notice, demand or request herein provided or permitted to be given by any party hereto to another may be served by hand delivery or by prepaid registered mail, delivered or addressed as follows: To the CITY at: To COBAN at: City of Tukwila Police Dept COBAN Research and Technologies, Inc 6200 Southcenter Blvd. 12503 Exchange Drive, Suite 536 Tukwila, WA 98188 Stafford, TX, 77477 City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 3 C. Signature Form The undersigned hereby agrees to purchase goods and /or services in compliance with the terms, specifications and conditions at the prices quoted unless noted in writing. The undersigned further certifies that he or she is an authorized agent of the company and has authority to negotiate and contract for the company named below Prices are guaranteed for until completion of this project ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO: City of Tukwila Police Dept COBAN Research and Technologies, Inc. Buyer Signature Date Seller Signature Date David Hinojosa Printed Name Printed Name VP of Sates Title Organization Title Organization Buyer Address: Seller Address: City of Tukwila Police Dept COBAN Research and Technologies, Inc. 6200 Southcenter Blvd., 12503 Exchange Drive, Suite 536 Tukwila, WA 98188 Stafford, TX 77477 U.S.A. City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 4 Statement of Work The following pages describe the products, services and support information pertaining to the purchase of Fifteen <15> Top System and the DVMS® hardware software. This document will breakdown the solution item by item with a description of the product or service contained in that particular section. Scone of In -Car Video Proiect. The purpose of this installation is to provide the City of Tukwila Police Dept with a fully functioning digital in car video and extended storage solution. Expectations: The expectations set forth in this document and all attached documents, are to provide a documented "flow" of the installation. The City of Tukwila Police Dept expects to be able to utilize COBANs digital in car storage solution for daily recording and storage of traffic (and other) stops performed by their officers in the field. COBAN will install and train the officers and appropriate personnel on the operation of the TOPCAM units as well as the back end storage solution. Upon completion of said installation and training, an authorized department representative will provide a signature approving completion of the project. The timeframes listed in this document are for planning purposes only. Any changes to these timeframes on behalf of either party will be communicated in a timely manner for approval. Estimated Delivery Installation Date: (Appendix III) Coban Technicians will arrive Tukwila at Day 1 Tech 1 DVMS Server AP Configuration Tech 2 In -Car Installation Day 2 Tech 1: Workstations Auto DVD Configuration Tech 2: In -Car Installation Day 3 Tech 1. 4hr. Admin Training 4hr. Officer Training Tech 2: In -Car Installation Day 4 Tech 2: In -Car Installation Day5 Tech 2: In -Car Installation In -Car Hardware and Software Purchased: 15 TopCam System 6 4" Touch Screen Monitors a. 1.6GHz Intel P- Mobile, 512 SDRAM, 30G Internal HDD b. Power Module c. 40 GB Mobile Hard Drives with USB2.0 interface d. GPS e. Wireless Microphone Receiver and transmitter (Including Li -ion battery 110mA, leather pouch, car charger cable, wall charger cable) f. 12 ft. In -Car covert microphone g. 802.11 Wireless Card, Low Loss Cable, Fix Mount Antenna h. Microsoft Windows XP PRO i. MPEG2 format video capture and storage 1- Tech Support Kit 1- 10 Mic Charging Station 4- Transmitter Package B 25 -Lapel Mic 5- 40MHDD Back office Software Hardware Purchased: The following components are purchased for DVMS back office. (3) Upload Cradles (15)COBAN DVMS Software License City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 5 These licenses provide the department with software upgrades, support, patches and certain future "add -on" functions to be determined at a later date for a period. "Add -ons" features do not include any new feature that requires the purchase of additional hardware and /or software or onsite "integration" with other applications and or devices.) Workstations Upload Solution(sl: Wireless (802.11G) Upload: The City of Tukwila Police Department will be implementing a wireless upload solution via 802.11G connectivity to provide wireless upload capability COBAN's digital in car unit will connect to this solution via COBAN's 802.11G wireless card to facilitate the wireless upload of the recorded video Due to liability issue, Coban is unable to install the Access Point, Cables Antenna for the City Wireless equipment will be pre deliver to the City; it is the City's responsibility to have the Wireless equipment installed prior to Coban arriving on site for configuration. The City of Tukwila Police Dept will also be utilizing the removable hard drive upload solution, recorded video will be up- loaded from TopCam system to the server via removable 'hard drive. City of Tukwila Police Dept will be providing its own workstations for this purpose and ensure the workstation meets the Coban minimum upload workstation requirement listed below. DVD r /RW /CD r /RW multi- burner (if officers are to burn DVD /CD's from the department workstations Windows XP professional SP2 DVD burning software (preferably Sonic MyDVD Deluxe 5.2) 1 USB 2.0 port for upload cradle Pentium 4 processor and minimum of 256 MB ram Minimum of 64 MB 3d Graphics card (preferably with dual monitor and TV out capability). Windows Media Player 9.0 <minimum> MPEG II Codec The equipment listed above only applies to workstations that the department will use for upload, view and export of recorded videos to and from the storage array. Workstations that simply wish to be able to view videos and run reports from the DVMS software need only to be running Windows XP Pro, MPEG iI Codec, and have an active Ethernet connection. The DVMS Client may be loaded on to additional workstations in the department with no additional license fees incurred from COBAN. DVMS Server Coban will provide City of Tukwila Police Dept with a 12TB server for storing the uploaded video files. DVMS application will be installed on the server; COBAN engineer will test connectivity and operability from workstation to server An authorized member of the City of Tukwila Police Dept 1.T personnel MUST be on hand for this installation when the DVMS storage devices are to be added to the departments existing network. In Car Installation COBAN technicians will install Fifteen <15 >TOPCAM install. COBAN will wire the overhead light bar to be a recording "trigger". Upon completion of installation of the in car units, COBANs technicians will systematically test each unit in a step by step process to ensure that ALL functions are fully operable. Upon successful completion of each phase an authorized contact person for the department will be required to approve the installation and completion of each phase. Successful, timely completion of all phases of testing will depend on many "outside" factors pertaining to the existing equipment that are currently in the vehicle. COBAN shall install these Fifteen <15> units under the assumption that ALL scheduled vehicles have been thoroughly assessed by the City of Tukwila Police Dept and approved for said installation Any failure or inconsistency noted during installation and testing shall be reported immediately to the City of Tukwila Police Dept for resolution. (An example of one of the most commonly found failures during installations are that the battery in the vehicle is not charging properly or is not holding a charge properly. This can cause a premature "shutdown" of the digital in car unit, or the existence of "scotch locks" on existing cabling). Training, City of Tukwila Police Dept has opted for "Train the Trainer" approach. COBAN will train the appropriate department personnel who in turn will be responsible for training the officer and other authorized department personnel on the operation of the digital in car unit and DVMS storage application Electronic user manuals on all equipment and applications installed will be provided to the department for review. COBAN® will provide One (1) day, up to 8 hours per day, up to 8 department personnel, of training. This training will include training the "trainers" on the operation of the TOPCAM System® unit as well as Administrative training on the DVMS. City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 6 The following are assumptions made by COBAN® of the City of Tukwila Police Dept CITY The vehicle(s) scheduled for installation on the agreed upon date will be present and available to COBAN® technicians. Failure to have vehicles available during this time may result in additional fees All personnel to be trained on the scheduled date will be available for training purposes. Failure to have appropriate personnel available on scheduled training day may result in additional fees User manuals will be provided with all equipment for the departments distribute and review If additional training or installation time is required, COBAN® will contact the main contact person onsite for approval prior to any additional services being performed. If the agreed upon date for installation cannot be met; the City of Tukwila Police Dept agrees to notify COBAN 14 days prior to scheduled installation date. An authorization signature of main department contact after installation and training is completed will be required. Digital photographs and completed vehicle surveys of ALL of the vehicles the TOPCAM G2 units are to be installed in will be provided at least 14 days prior to installation by the City of Tukwila Police Dept The City of Tukwila Police Dept is responsible for maintaining its own procedures for the reconstruction of lost or altered files, backup or saving of data or programs to the extent deemed necessary by the CITY and for actually reconstructing any lost or altered files, data or programs. COBAN assumes no responsibility for the protection of The City of Tukwila Police Dept data. COBAN is not liable for damage to software or data caused by service to the computer hardware equipment, except to the extent that such damage is caused directly or indirectly by COBAN. Any service warranty work required on the workstation, server or other devices provide by the City of Tukwila Police Dept CITY in conjunction with the in car video project will be performed by the manufacturers representative from which they purchased the devices from. The City of Tukwila Police Dept LT department will be responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, etc.) are made prior to the installation and testing of the DVMS storage equipment. COBAN shall not be held liable for any of the following and is not limited to: network breach, data interception or loss of data due to those types events, virus Trojan infection, if and when a situation should occur. It is highly recommended that the City of Tukwila Police Dept I T department maintain a "remote" connection to the server for the remote support of the server by COBAN software engineers. This connection need not be a "constant or always live" type, but one that can be established easily as needed. Any RMA units /components that are returned to COBAN as "non- operational or considered "non- warranty" that are in fact operational (example. CPU units that have not been ghosted properly or at all, scratched hazy touch screen monitors, microphones missing parts such as: battery, internal seals, antennas, obvious misuse or damaged systems) will be addressed with CITY OF TUKWILA POLICE DEPT and invoiced at standard contract pricing for replacement including the cost of shipping. Digital Photographs will be supplied of said equipment for review by the appropriate CITY OF TUKWILA POLICE DEPT CITY personnel prior to COBAN invoicing them for the said items FORCE MAJEURE Neither party hereto shall not be-liable for delays or failure to perform with respect to this agreement due to (i) causes beyond the party's reasonable control and not avoidable by diligence, (ii) acts of God, epidemics, war, riots, or delays in transportation which are beyond the party's reasonable control and not avoidable by diligence, or (iii) inability for causes beyond its control and not avoidable by diligence to obtain necessary labor, materials, or manufacturing facilities, or delays caused by subcontractors due to similar causes In the event of any such delay (each such event being beyond the party's reasonable control and not avoidable by diligence), the date of performance shall be extended for a period equal to the time lost by reason of the delay. In the event of any suit or action under this Contract, venue for all causes of action shall be instituted and maintained in Fort Bend CITY, Texas. The CITY and COBAN agree that the laws of the State of Texas shall govern and apply to the interpretation, validity and enforcement of this Agreement; and, with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to its conflict of law provisions) to the governing, interpretation, validity and enforcement of this Agreement. COBAN shall comply with required by all laws, ordinances, rules and regulations and lawful orders and all other requirements of public authorities bearing on its performance of and under this Contract. COBAN shall, during the entire term of the Contract, be construed to be an independent contractor and nothing in this Contract is intended nor shall be construed to create an employer employee relationship, a joint venture relationship, a joint enterprise relationship, or any other relationship other than that of vendor and purchaser Time is of the essence of this Contract. The undersigned person are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 7 The undersigned hereby agrees to purchase goods and /or services in compliance with the terms, specifications and conditions at the prices quoted unless noted in writing The undersigned further certifies that he or she is an authorized agent of the CITY and has authority to negotiate and contract for the CITY named below. ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO: City of Tukwila Police Dept COBAN Research and Technologies, Inc. Buyer Signature Date Seller Signature Date David Hinojosa Printed Name Printed Name VP of Sales Title Organization Title Organization Buyer Address: Seller Address: City of Tukwila Police Dept COBAN Research and Technologies, Inc. 6200 Southcenter Blvd., 12503 Exchange Drive, Suite 536 Tukwila, WA 98188 Stafford, TX 77477 USA USA City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 8 Limited Warranty Support Statements EQUIPMENT WARRANTY The warranty applies within the fifty (50) United States and all States. This Limited Warranty is non transferable. This Limited Warranty is null and void if the factory applied serial number or tamper evident labels have been damage, altered or removed from the product. WHAT THIS WARRANTY COVERS AND FOR HOW LONG COBAN Technologies, Inc. "COBAN warrants the COBAN Manufactured TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- I /G -II System "PRODUCT against defects in material and workmanship under normal use and service for a period of one (1) year from the date of shipment. COBAN, at their discretion, will at no charge repair the PRODUCT (with new or reconditioned parts), replace it with the same or equivalent PRODUCT (using new or reconditioned Products), during the warranty period, provided that the CITY notifies COBAN according to the terms of this warranty. The repaired or replaced PRODUCT is warranted for the remaining original applicable warranty period. All replaced parts of the PRODUCT shall become the property of COBAN. This expressed limited warranty is extended by COBAN to the original end -user purchasing the PRODUCT for purposes of commercial, or industrial, or governmental use only, and is not assignable or transferable to any other party. This is the complete warranty for the PRODUCT manufactured by COBAN. COBAN assumes no obligations or liability for additions or modifications to this warranty unless made in writing and signed by an officer of COBAN. Unless made in a separate written agreement between COBAN and the original End -user CITY, COBAN does not warrant the installation, maintenance, or service of the PRODUCT COBAN cannot be responsible in any way for any ancillary equipment not furnished by COBAN, which is attached to or used in connection with the PRODUCT, or for operation of the PRODUCT with any ancillary equipment and all such equipment is expressly excluded from this warranty. Because each system, which may use the PRODUCT, is unique, COBAN disclaims liability for range, coverage, or operation of the system as a whole under this warranty. GENERAL WARRANTY PROVISIONS This warranty sets forth the extent of COBAN'S responsibilities regarding the PRODUCT Repair, replacement, or refund of the CITY price, at COBAN'S option, is an exclusive remedy. THE WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. COBAN DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED VVARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COBAN BE LIABLE FOR DAMAGES IN EXCESS OF THE ORIGINAL CITY PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCES, COMMERCIAL LOSS, LOST PROFITS, OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT TO THE FULL EXTENT THAT MAY BE DISCLAIMED BY LAW. CITY'S RESPONSIBILITIES It is the CITY responsibility to backup the contents of hard drives, including any data that may be have stored or software that may have been installed on the hard drive. It is possible that the contents of the hard drive will be lost or that the drive may need to be reformatted in the course of service and COBAN will not be held liable for any damage to or loss of any program, data or other information stored on any media or any part of any PRODUCT service hereunder It is HIGHLY recommended that the CITY create a valid disk "image" after final installation is completed. This image will need to be updated as changes are made to the units and kept safe by the CITY for data recovery purposes. COBAN assumes no liability or responsibility in developing a disaster recovery policy for the CITY The CITY will perform any and ALL data reconstruction, unless specifically stated in the initial contract between COBAN and the CITY COBAN shall not be liable for delays or failure to perform with respect to this agreement due to (i) causes beyond the party's reasonable control and not avoidable by diligence, (ii) acts of God, epidemics, war, riots, or delays in transportation which are beyond the party's reasonable control and not avoidable by diligence, or (iii) inability for causes beyond its control and not avoidable by diligence to obtain necessary labor, materials, or manufacturing facilities, or delays caused by COBANs due to similar causes. In the event of any such delay (each such event being beyond the party's reasonable control and not avoidable by diligence), the date of performance shall be extended for a period equal to the time lost by reason of the delay. City of Tukwila Police Dept— Police in -Car Video Capture and Management Services Contract SOW 9 PATCHES UPDATES Prior to applying "regular" patches upgrades from Microsoft to servers, City of Tukwila Police Dept will submit a list of desired patches upgrades to COBAN for reference. It is the CITY's responsibility to thoroughly test the Microsoft patches and Service Packs before roll out. SERVICE SUPPORT CITY must notify COBAN's at 281 -277 -8288 within the applicable warranty period for information regarding warranty service. If COBAN determines that all or part of the PRODUCT requires return for repair or replacement, a Return Merchandise Authorization Number (RMA will be issued. Please follow COBAN's instructions and return the PRODUCT freight paid to COBAN with the RMA number. If requested, proof of a bill of sale (which is evidence that the product is within the warranty period) must be presented to obtain warranty service. In addition, if replacements cross ship are required and CITY wishes to receive the most expedient service available, CITY will be required to provide COBAN with a credit card authorization to bill CITY's credit card in the event that CITY fail to return the original parts. The credit card will only be charged for COBAN'S list price for the part if the part has not been returned within thirty (30) days. Service and support of the unit POST installation will be handled as follows The officer(s) utilizing the systems will report all support requests /system issues to CITY'S main technical contact, (names, numbers and email addresses to be provided by the CITY.) who is in charge of the in -car video program. The main technical contact person for the department will then contact COBAN within 24 hours of the issue being brought to their attention so that the issue can be resolved as quickly as possible. The fleet technicians who will be providing the installation for these units may also need to be involved in the initial troubleshooting portion of this process Depending on what type of problem is occurring the vehicle may need to be brought to the fleet technicians shop for further diagnosis and problem resolution. (Providing that the issue is of an emergency nature, minor issues can be reported by the department at their earliest convenience.) Before the CITY contacts COBAN, please have the following information ready: Supported System's Invoice Number Model Type Serial Numbers Vehicles Number Description of the problem and any troubleshooting steps CITY has already taken To ensure proper troubleshooting, it is strongly recommended that the CITY not remove any components prior to contacting Coban technicians. Call for Assistance Call the COBAN at 281 277 -8288. CaII from a location where CITY personnel can physically access the system if needed during phone based troubleshooting Basic Support is intended for use during business hours Monday through Friday from 8 00 AM to 5:00 PM Central Standard Time. Calls received outside of normal business hours will receive a call -back during normal business hours When requested, let the COBAN technician know what error message the CITY are getting and when it occurs; what CITY were doing when the error occurred; and what steps CITY may have already taken to solve the problem The technician will go through a series of standardized troubleshooting steps over the phone with the CITY to help diagnose the issue Following completion of remote troubleshooting and problem determination the technician will determine if the issue requires parts to be dispatched or if the issue can be resolved remotely over the phone The main technical contact OR an authorized installation technician shall be available to assist in troubleshooting the unit by phone if needed. COBAN will contact the department with this request and schedule a time to troubleshoot the unit if the appropriate personnel are not available at that time. Upon completion of troubleshooting, COBAN will assess the situation and determine the next course of action. (if the issue is not resolved.) Solutions to these issues will range from issuing RMA number to having the fleet technician perform onsite repair to correct the problem. The CITY will supply a login and connection profile for access to CITY network via VPN. Access will be restricted to only the server and workstation. Remote control for the server and workstation will be granted to COBAN support via their choice of remote access software (Terminal Services, VNC, PC Anywhere, etc) City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 10 Any deliberate misuse or destruction (cabling cut, monitors cracked, deletion of operating system files on the in car unit OR the DVMS workstation, etc) of the in car digital system DVMS workstation or server; requiring a replacement mnrjj nr a terhninia to be ditrhed will be billed at $150 00/ hour (Travel expenses may be assessed as well if a RMA Shipping During the first 90 days of deployment, Coban will be responsible for the RMA shipping both ways After the 90th day, the CITY will need to follow Coban's standard RMA shipping policies and procedures. CITY will be responsible for returning the defective module back to Coban Coban will only pay for return shipping to get the repaired /serviced modules back to the CITY. Any expedited shipping request will be the responsibility of the CITY. Other information Unit Replacement. Once replacement component has been received, CITY must relinquish the defective unit to COBAN. if the defective unit is not returned within ten (10) days, the CITY agrees to pay COBAN for the replacement unit upon receipt of invoice. Failure to honor the invoice within ten (10) days after receipt will cause the cancellation of this Service Description Agreement and may result in other legal steps. Parts Ownership. All service parts removed from CITY Supported System become the property of COBAN. CITY will be obligated to pay at the current retail price(s) for any service parts removed from CITY's Supported System and retained by CITY. COBAN will uses new and reconditioned parts made by various manufacturers in performing warranty repairs. Compliance with Terms and Conditions FAILURE TO FOLLOW THE ABOVE INSTRUCTIONS MAY RESULT IN DELAYS, AND MAY CAUSE THE CITY TO INCUR ADDITIONAL CHARGES, OR MAY VOID WARRANTY IF DURING THE REPAIR OF THE PRODUCT THE CONTENTS OF THE HARD DRIVE ARE ALTERED, DELETED, OR IN ANY WAY MODIFIED, COBAN IS NOT RESPONSIBLE WHATSOEVER TO RECOVER OR RESTORE SAID CONTENTS CITY PRODUCT WILL BE RETURNED TO CITY CONFIGURED AS ORIGINALLY C?TYD (SUBJECT TO AVAILABILITY OF SOFTWARE) Be sure to remove all third party hardware, software, features, parts, options, alterations, and attachments not warranted by COBAN prior to sending the PRODUCT to COBAN for service. COBAN is not liable for any loss or damage to these items. Cooperate with the technician CITY agrees to cooperate with and follow the instructions provided by COBAN. Experience shows that most system problems and errors can be corrected over the phone as a result of close cooperation between the user and the technician. Listen carefully to the technician and follow the technician's suggestions. ITEMS NOT COVERED UNDER THIS WARRANTY De- installation or re- installation of product(s) or software application(s) Warranty support or service for 3 party systems. Troubleshooting of applications or application compatibility issues Data Migration Customization of end user MS Window desktop Vehicle with electrical issues On Site Service Batteries Freight costs to the repair depot. Normal and customary wear and tear Damage due to connection to improper voltage supply Non -COBAN supplied equipment PRODUCT that has had the serial number removed or made illegible Systems that are non operational due to abuse, neglect or improper usage for anything other than what the system was configured to do Not limited to dirt, debris, water damage, (liquid of any type) Unauthorized entry opening of the COBAN module, monitor or forced removal of the MHDD and or components. Defects or damage from improper testing, operation, maintenance, installation alteration, modification, or adjustment. Systems affected by virus, security breach, or other network related occurrence including but not limited to installation of 3 party software applications, network security settings changes resulting in loss of communication or ability to properly use the system. Systems affected by 3 party software upgrades and 3 party hardware changes that cause system to become unstable or inoperable and configurations that deviate from the Original Master Gold Image. City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 12 A PRODUCT subjected to unauthorized PRODUCT modifications, disassemblies, or repairs (including, without limitation, the addition to the PRODUCT of non -COBAN supplied equipment) that adversely affect performance of the PRODUCT. A PRODUCT, which, due to illegal or unauthorized alteration of the software firmware in the PRODUCT, does not function in accordance with COBAN, published specifications or with the FCC type acceptance labeling in effect for the PRODUCT at the time the PRODUCT was initially distributed from COBAN. Scratches or other cosmetic damages to PRODUCT surfaces that do not affect the operation of the PRODUCT. GOVERNING LAW In the case that this PRODUCT is sold in the United States, the laws of the State of Texas govern this warranty. TRADEMARKS TOPCAM, TOPCAM, DVMS, Mobile Start, COBAN, and COBAN logos are registered trademarks of COBAN Research and Technologies, Inc. Microsoft, Windows, Window XP Embedded and Windows logos are registered trademarks of Microsoft Corporation. Firewire and Sony logo are registered trademark of Sony Corporation. Intel, Pentium and Celeron are registered trademarks of Intel Corporation Compact Flash and SanDisk logo are registered trademarks of SanDisk Corporation. GWD 900 and Gomet logo are registered trademarks of Taiwan Gomet Technology Co., Ltd. PS /2 ,Travelstar and IBM logo are registered trademarks of IBM Corporation If purchaser does not agree with these terms and conditions, they should promptly contact COBAN Research and Technologies, Inc. for instruction on return of the entire COBAN Digital In Car Video System, including COBAN Software for a refund. A 15% restocking charge will be applied ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO: City of Tukwila Police Dept COBAN Research and Technologies, Inc. Buyer Signature Date Seller Signature Date David Hinojosa Printed Name Printed Name VP of Sales Title Organization Title Organization Buyer Address: Seller Address. City of Tukwila Police Dept COBAN Research and Technologies, Inc. 6200 Southcenter Blvd., 12503 Exchange Drive, Suite 536 Tukwila, WA 98188 Stafford, TX 77477 USA USA City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 13 Software License GRANT OF LICENSE Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the COBAN SOFTWARE. The COBAN SOFTWARE is licensed, not sold This LICENSE grants CITY the following rights: Software. CITY may install and use one copy of the COBAN SOFTWARE on the PRODUCT Storage /Network Use. CITY may install the DVMS CITY software on their existing internal local area network. The CITY may not make unauthorized copies of the COBAN Mobile Start software without the express written consent of COBAN. COBAN assumes no liability for software installation failures due to incompatible hardware, software or network security issues that are controlled by the CITY Information Technology Department. COBAN will not be responsible to install said software on the CITY local area network, unless specifically contracted to do so. Instructions shall be provided to the CITY to accomplish this task. Back -up Copy. A back -up copy of the COBAN SOFTWARE is included with the PRODUCT. CITY may use the back- up copy solely for archival purpose. DESCRIPTION OF OTHER RIGHTS LIMITATION Limitation on Reverse Engineering. De- compilation and Disassembly CITY may not modify, reverse engineer, de- compile, or disassemble the COBAN SOFTWARE or HARDWARE in whole or in part without the express consent from COBAN. Failure to obtain consent may void any and all warranties. Separation of Components. The COBAN SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one PRODUCT. Single PRODUCT. The COBAN SOFTWARE is licensed with the PRODUCT as a single integrated product. The COBAN SOFTWARE may only be used with the PRODUCT. Rental. CITY may not rent or lease the COBAN SOFTWARE. Software Transfer. Software Hardware Licenses are NOT transferable. Termination. Without prejudice to any other rights, COBAN may terminate this LICENSE if the CITY fails to comply with the terms and conditions of this LICENSE. In such event, the CITY must destroy all copies of the COBAN SOFTWARE and all of its component parts. PROHIBITION ON EXPORTATION EXCEPT FOR EXPORT TO CANADA AND AUSTRALIA, THE COBAN SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATE OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATION, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES CITY AGREES THAT BY DOWNLOADING OR USING THE COBAN SOFTWARE, THEY ARE AGREEING TO THE FOREGOING AND THEY ARE WARRANTING THAT THEY ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF OR ACTING ON BEHALF OF THE FOREIGN ENTITY. U.S. GOVERNMENT RESTRICTED RIGHTS The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United State Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial PRODUCT Software- Restricted Rights at 48 CFR 52.227 -19, as applicable. Manufacturer is COBAN Research and Technologies, Inc., 12503 Exchange Drive, Suite 536, Stafford, Texas 77477. SOFTWARE WARRANTIES Reserved The COBAN PRODUCT described in this instruction manual may include copyrighted COBAN SOFTWARE stored in semiconductor memory and other media. Laws in the United States and other countries preserve certain exclusive rights for COBAN copyrighted SOFTWARE programs, including the exclusive right to copy or reproduce the copyrighted SOFTWARE program in any form. Accordingly, any copyrighted COBAN SOFTWARE programs contained in the COBAN PRODUCT described in this instruction manual may not be copied or reproduced in any manner without the express written permission of COBAN Furthermore, the CITY shall not be deemed to grant either directly or by implication, estoppels or otherwise, any license under the copyrights, patents or patent applications for COBAN, except for the normal non exclusive, royalty-free license to use that arises by operation of law in the sale of a product. END USER LICENSE AGREEMENT This End -User License Agreement "LICENSE is a legal agreement between the CITY and COBAN Research and Technologies, Inc. "COBAN the manufacturer of the TOPCAM, TOPCAM -PV, MDT, MDT -PV and TOPCAM Systems "PRODUCT All COBAN software, including COBAN Mobile Start Software "SOFTWARE") and third party City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 14 software not otherwise licensed by a specific end user license agreement included with CITY PRODUCT, downloaded from COBAN websites or provided by COBAN as update upgrades, shall be referred to as COBAN SOFTWARE. The COBAN SOFTWARE includes PRODUCT software, the associated media, any printed materials, and any "on- line" or electronic documentation, as well as COBAN supplied or facilitated update upgrades thereto. Notwithstanding for foregoing, software distributed together with separate end user software license agreements (the "Third Party EULA including but not limited to Windows® operating system provided by Microsoft Corporation, shall be covered by respective Third Party EULAs. CITY may use the COBAN SOFTWARE only in connection with the use of PRODUCT By installing, copying, downloading or otherwise using the COBAN SOFTWARE, CITY agrees to be bound by the terms of this LICENSE. If CITY does not agree to the terms of this LICENSE, the CITY should promptly contact COBAN for instruction on return of the entire PRODUCT and COBAN SOFTWARE for a refund. A 15% restocking charge will be applied If purchaser does not agree with these terms and conditions, they should promptly contact COBAN Research and Technologies, Inc. for instruction on return of the entire COBAN Digital In Car Video System, including COBAN Software for a refund. A 15% restocking charge will be applied. ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO: City of Tukwila Police Dept COBAN Research and Technologies, Inc. Buyer Signature Date Seller Signature Date David Hinojosa Printed Name Printed Name VP of Sales Title Organization Title Organization Buyer Address: Seller Address City of Tukwila Police Dept COBAN Research and Technologies, Inc. 6200 Southcenter Blvd., 12503 Exchange Drive, Suite 536 Tukwila, WA 98188 Stafford, TX 77477 USA USA City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 15 Safety Information 1 Failure to properly install, operates, and cares for the COBAN Systems can increase the risk of electric shock or fire. Failure to properly install and secure the COBAN Digital In Car Video System can also increase the risk of the system falling and possibly resulting in bodily harm. To reduce the risk of serious injury, death, or damage to the COBAN System Read these instructions Keep these instructions Heed all warnings Follow all instructions. Use While Driving Check the laws and regulations on the use of COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- 1/G-l1 System in the area where you drive. Always give full attention to driving and to the road. It is suggested that the overhead monitor on the Topcam® unit be in the "stowed" position while driving. General Electrical Precautions As with many other electrical devices, failure to take the following precautions can result in serious injury or death from electric shock or fire, or damage to the COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G -I G -II System. Stay Away from Dangerous Voltage Inside the COBAN Digital In Car Video System. Contact with energized parts inside the COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- I /G -11 System can cause serious injury or death from electric shock. This can also lead to fire and /or damage to the COBAN System. Do Not Take the COBAN Digital In Car Video System Apart Do not attempt to service, repair or tamper with the COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- I /G -II System yourself. Refer all servicing to COBAN Customer Service Department or COBAN Authorized Service Personnel. Do not attempt to modify the COBAN System in any way Do Not Insert Anything Into or obstruct Ventilation Openings Voltage is present within the COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- I /G -II Systems when the System is connected to power whether it is turned on or off. To eliminate all voltage to the COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- I /G -Il System, first turn off the COBAN Digital In Car System, and then disconnect the power cable from the System. (This should be done either by an Authorized Service Technician or under the guidance of an Authorized Service Technician.) Take precautions from dropping, inserting or spilling anything into the COBAN System Do not insert objects into ventilation openings when cleaning the COBAN System (such as q -tips, rags, cotton swabs or other materials.) Do not use abrasive or flammable cleansers on the COBAN System. Only clean the unit in the "system off' mode Follow the cleaning instructions provided in the system manual. Keep The COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- I /G -II System From Falling. To reduce the risk of the COBAN System from falling or injuring the user or damaging the unit, please properly set up and operate the system according to the Vehicle Installation Manual. Avoid Damaging Any Electrical Cable Protect the cables from being stepped on or pinched, particularly at plugs, and the point where they exit from the apparatus. Do not jerk, knot, sharply bend, or otherwise abuse the cables. Do not expose the cables to sources of heat. When disconnecting the cables from the COBAN System components or the power source, pull on the plugs DO NOT PULL ON THE CABLES! Arrange all connectors and cables so that passengers are not likely to trip over or accidentally pull on them as they move around or enter and exit the vehicle. If any cable becomes damaged in any way, immediately discontinue use of the system immediately and call the COBAN Authorized Repair Center or COBAN Customer Service Department. City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 16 Do Not Expose the COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- I /G -II System To Liquid Or Moisture Do not use this apparatus near water or expose it to rain, moisture, or dripping or splashing liquids. Do not place objects filled with liquids, such as beverages on or near the COBAN Digital In Car Video System. Do not clean the COBAN System with water, liquid cleaners, solvents, or aerosols Prevent The COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G-I/G-H System from Overheating Do not block any ventilation openings. Install in accordance with the COBAN Vehicle Installation Manual. Install the COBAN System in a well ventilated area. Do not place the COBAN System near any soft surface that may block ventilation openings Do not install near any heat sources or any apparatus that produces heat. Only Use the Type of Power Source Indicated on the COBAN TOPCAM, TOPCAM- PV /12, MDT, MDT -PV and TOPCAM G- I/G -II Owner's Manual Only Use Attachments Peripherals Specified and Authorized by the COBAN Research and Technologies, Inc. City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 17 Safety Information II About Musculoskeletal Disorders Use of keyboards, mouse, or other electronic input devices may be linked to serious injuries or disorders When you use the keyboard or other electronic input devices, as with many activities, you may experience occasional discomfort in your hands, arms, shoulders, neck, or other parts of your body However, if you experience symptoms such as persistent or recurring discomfort, pain, throbbing, aching, tingling, numbness, burning sensations, or stiffness, DO NOT IGNORE THESE WARNING SIGNS. PROMPTLY SEE A QUALIFIED HEALTH PROFESSIONAL, even if symptoms occur when you are not using these apparatuses. Symptoms such as these can be associated with painful and sometimes permanently disabling injuries or disorders of the nerves, muscles, tendons, blood vessels, and other parts of the body. These musculoskeletal disorders (MSDs) include carpal tunnel syndrome, tendonitis, tenosynovitis, vibration syndromes, and other conditions While researchers are not yet able to answer many questions about MSDs, there is general agreement that many factors may be linked to their occurrence, including medical and physical conditions, stress and how one copes with it, overall health, and how a person positions and uses their body during work and other activities Some studies suggest that the amount of time a person performs an activity may also be a factor Some guidelines that may help you work more comfortably and possibly reduce your risk of experiencing an MSD. These guidelines address topics such as: You should position yourself in a comfortable posture Keeping your hands, fingers, and other body parts relaxed Take breaks regularly. If you have questions about how your own lifestyle, activities, or medical or physical condition may be related to MSDs, see a qualified health professional. City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 18 Appendix 1 Coban Price Quote Part Number L_ Description List Price Quantity Total Coban In-Car In-Car Systems SYSG2-SCSM TopCam Gen II 6.4" Monitor System Single Camera 5,250.00 15 78,750.00 Microphone Coban Options SCMIC-CHG12 12 Mic Charging Station 580.00 1 580.00 SCOPT-01 GPS 250.00 15 3,750.00 SYSTS-01 Tech Support Kit 495.00 1 495.00 I Coban Spares SCMIC-PKGBT Package B Transmitter New w/ lapel 350.00 4 1,400.00 I SCMIC-LEVA Lapel 45.00 25 1,125.00 SCMIC-TANT Transmitter Antenna 12.00 Optional SCMIC-BP01 j Lithium Ion Battery 20.00 1 Optional 1 SCMIC-LCO3 Microphone Leather Pouch 20.00 Optional SCMHD-1840 40GB Removable HDD 350.00 5 1,750.00 Coban Wireless In-Car Antenna AWIR-INT TopCam In-Car Wireless 150.00 1 15 2,250.00 Access Point I WAP-01 I Cisco AP 2,700.00 f 1 2,700.00 Coban BackOffice Software WDVMS-LC DVMS Software License Fee In-Car Unit 250.00 15 I 3,750.00 I WMPG2-LC Mpeg 2 Codec 35.00 30 1,050.00 Note: Every PC playing Mpeg 2 Video needs a Codec Licese Hardware BUPL-01 Mobile HDD Up-Load Stand 175.00 3 525.00 Workstations BWKST-01 Standard Upload Workstation 2,045.00 3 Provided by PD STD UPLOAD WORKSTATION (NEW CONFIG) 1 INTEL LGA775 SATA GIG AUD VGA 1 10/1000 ONBOARD. SOUND ONBOARD USB 2.0 ONBOARD 1 INTL CORE 2 DUO 1.86GHZ 1066MHZ 2MB L775 1 CPU INSTALLED 2 256MB DDR2 PC2-5300 NON ECC UNBUFERED LP 1 2 WESTERN DIGITAL 80GB 7200 8MB SATA. 1 1 AMED 2229 BLACK SOLID CASE W/350W 24PIN 1 1 1 04:TEAC 1.44 FLOPPY DRIVE BLACK City of Tukwila Police Dept— Police In-Car Video Capture and Management Services Contract SOW 19 1 1 LITE ON DUAL LAYER 16X DVDRW BLACK. 1 SONIC MY DVD 6.1 DELUX SOFTWARE. I 1 SAPPHIRE ATI X1650Pro 256MB 2DVITV PCIE 1 INTEL PRO /1000 GT GIGABIT DESKTOP ADAPTE f I 1 MICROSOFT KB /OPTICAL MOUSE COMBO 1 WINDOWS XP PROFESSIONAL OEM W /SYSTEM 1 VIEWSONIC 17" LCD MONITOR. I I 1 ALTEC LANSING 120i 2 PC SPEAKER BLACK. I, 1 ASSEMBLY/TESTING /QC /BURNIN INSTALLATION 1 3 YEAR ONSITE SERVICE Server w/ Internal RAID ALL server are Dual Xeon CPU, Windows 2003 Server, FULL 2005 SQL server I BSVR -10T 12 TB Server (10.5 TB after HOT SPARE and RAID 5 settings) 19,010.00 1 19,010.00 5U SERVER WITH 16X750GB DRIVES: 12TB 10.5TB USABLE (BVSR -6T) 1 SM DMS/WCR DP XEON 2 LAN VGA SCSI BOARD I I DUAL GIG ON BOARD, VGA ONBOARD 2 X USB 2.0 PORTS ONBOARD 2 XEON DC 5050 3.OGHZ 2X2MB LGA771 1U/A 2 CPU INSTALLED 2 DDR2 512MB 667MHZ ECC FULLY BUFFERED SR 2 X 512MB 667MHZ FBDIMMS INSTALLED 1 5U SATA2 930W RP 24B W /RAIL DISCRETE PTP 930W RED PS INCLUDED. RAILS INCLUDED 24 HOT -SWAP SATA DRIVE BAY. 6 OPEN. 18 FILLED OS DRIVES: RAID 1 2 WESTERN DIGITAL 36GB SATA 8MB 10K DISK 2 X 36GB DRIVES INSTALLED RAID 1 DATA DRIVES: RAID 5 1 HOT SPARE 16 SGT 750G 16MB 3GB /s SATA2 NL- ST3750640NS 2 3WARE ESCALDE 12CHNL SATA CNTL PCI 64BIT I 1 SLIMLINE BLACK DVD 1 1 SLIM FLOPPY DRIVE 1 1 MICROSOFT KB /OPTICAL MOUSE COMBO I 1 1 WINDOWS SERVER2003 STD EDITON 5 CALS OEM 1 MS SQL SERVER 2005 STD EDTN COMPL 5 CAL 1 ASSEMBLY /SW LOAD /RAID SETUP/72HR BURN -IN I 1 VIEWSONIC 17" LCD MONITOR. 1 APC SMART UPS 1500VA USB SERIAL 2U 1 3 YEAR ONSITE SERVICE I, Automated DVD Burner BDVD -25 Automated Robotic CD /DVD Back -up Solution 4,845.00 1 I 4,845.00 City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 20 Coban Services I Back Office Pre Config All prices are based on one working day and person. An additional charge of $1000.00 per day will need to be added for additional days and if Hardware setup is required (see LINST -02) LSET -03 I Server with Internal RAID Hardware software configuration 2,500.00 1 2,500.00 I I LSET -08 I Onsite Wireless Site Survey 1,250.00 I I Optional I LSET -01 I Workstation Hardware software configuration 250.00 3 I 750.00 I LSET -06 Automated DVD Burner Hardware software configuration I 500.00 1 500.00 I LSET -07 Wireless Upload Hardware software configuration (per 500 00 1 500.00 access point) In -Car Installation I LINST-01 I In -Car Hardware Installation Car Includes Travel 500.00 15 I 7,500.00 I Training Training prices are based on one trainer per day. An additional charge of $1000.00 per day will need to be added for additional day. LTRAN -02 I On -Site Officer Training include Travel 1 1 I Tess than 15 vehicles 1 1,500.00 1 1 1 1,500.00 I Alternative /On I I I Going Training Web training can be an alternative method of training for small departments. For larger departments, it is recommended to provide onsite "train the trainer" or classroom training. LTRAN -04 I Online Web Training per session) I 500.00 I 1 Optional I Warranty Service WARR -G23 TopCam G2- Second/ThirdYear Extended Warranty 700.00 Optional include DVMS Annual License Fee Standard 1st yr. Manufacturers Warranty) I WARR -DVD I Automated DVD Second/ Third Year Extended Warranty 1 750.00 I 1 Optional 1 LSERV -03 I Project Management Fee Hr. I 150.00 1 15 I 2,250.00 Shipping I LSH1P -01 I Shipping per unit cost TopCam) I 50.00 1 15 1 750.00 I Sub Total: 138,230.00 TAX: 8.9% 12,302.47 I TOTAL: 150,532.47 I City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 21 Appendix 11 City of Tukwila Police Dept Purchas Order 11/14/2007 17.38 FAX 206 244 8181 TUKWILA POLICE DEPT 12002/002 DEPT p W G 4 0$ 4 5 �t J THIS NUMSER MUST APPEAP. CITY OF TUKWILA t1 ON ALL PACKAGES, INOICES, AND CORRESPONDENCE 6200 SOUTHCENTER BLVD TUKWILA, WASHINGTON 98188 (206) 433 -1800 VENDOR CODE (FOR FINANCE USE ONLY 11/06/2007 VENDOR NAME &ADDRESS DATE COBAN RESEAROE ANDTECHNOLOGIES, INC. NEU VENDOR 11-9 ATTACHED. 12503 EXCHANGE DR. STE. #536 n VERBALQUDTE STAFFORD, TX 77477 (281) 277 -8288 r x i WRITTEN QUOTE I I Q•IDR. DENNIS MCOMBER SHIP TO DEPT TUKWILA. WA STREET ADDRESS TOP CAM VIDEO SYSTEM AS PER 501 J 02 I 594 1 480 164 100 $150,532.47 SALES QUOTE #P1110207 DATED 11/022007 I I I 2007 BUDGET PAGE 175 LINE 28 OUTFTis 15 FRONT LINE PATROL VEiT11LES 1 1 1 I I 1 J 1 I 1 1 1 1 OTHER SOURCES DAY WIRELEss /INTFGRrAN QUOTE $150,222.44 KUSTJM SIGNALS QUOTE $119,811.78 6a e DEPARTMENTAL tom'• EXECUTIVE APPROVAL 1 APPROVAL ACCOUNTING COPY 11/14/07 WED 18:41 [T% /RX NO 5467] 1 002 22 Appendix 111 Deployment Schedule Coban Technicians will arrive Tukwila at Day 1 Tech 1 DVMS Server AP Configuration Tech 2 In -Car Installation Day 2 Tech 1.: Workstations Auto DVD Configuration Tech 2. In -Car Installation Day 3 Tech 1: 4hr. Admin Training 4hr Officer Training Tech 2: In -Car Installation Day 4 Tech 2: In -Car Installation Day 5 Tech 2: In -Car Installation Hours System Administrator's Training System Overview DVMS Software System Flow 1 x 4hr DVMS System Operation and Management: Log in Check -in/ Check -out Procedures Upload Video Data Retrieve, Retain Archive Video Data Export Video Data DVD, CD, Tape Library, etc. User Account Management System Management Server Operation Management DVMS Maintenance Server Maintenance Create and Setup Station Data Base Hours General Officer's Training TOPCAM -I1 System Training 1 x 4hr In -Class TOPCAM Operation Demonstration Hardware Overview Recording Functions Wireless Microphone Operations In -Car Play Back Data Entry Video Transfer System Shutdown Procedures In- Vehicle Demonstration Back Office DVMS Training DVMS Operation Demonstration Hardware Overview Recording Functions Wireless Microphone Operations In -Car Play Back Data Entry Video Transfer System Shutdown Procedures In- Vehicle Demonstration Back Office DVMS Training DVMS Operation Demonstration Check -in/ Check -out Procedures Upload Video Data Retrieve, Retain Archive Video Data Export Video Data DVD, CD, Tape Library, etc. Overall Review rap -up Coban technician will oversee the department prior depart City of Tukwila Police Dept— Police In -Car Video Capture and Management Services Contract SOW 23 Finance Safety Committee Minutes February 20, 2008 Page 2 D. In Car Video Purchase Contract Staff is seeking full Council approval to award a contract to Coban Research and Technologies, Inc. in the amount of $150,532.47. This contract is for the purchase and installation of digital in -car video for the patrol vehicles. Staff has been working on the implementation of this project for approximately two years. The delay in this project has been beneficial, as technology has been evolving very quickly with these types of systems. Currently, the technology seems to have reached a stable position of evolution and offers a solid opportunity for installation. Several surrounding jurisdictions have selected Coban for the purchase and installation of these types of cameras and are satisfied with the technology performance as well as the outcome -based results of the in -car video. If approved by Council, the installation of the systems will begin in April. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. 111. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Rhonda Berry shared with the Committee that staff was planning on discussing the crime statistics software as approved for purchase last year at tonight's meeting. However, there is a complication in software and information management and sharing with Valley Communications Center. This complication is currently being worked on with City staff and Valley Comm representatives. Additional information will be provided as it becomes available. Meeting adjourned at 6:09 p.m. Next meeting: Tuesday, March 3, 2008 5:00 p.m. Conference Room #3 0 Committee Chair Approval Minutes b KAM. A COUNCIL AGENDA SYNOPSIS O J Z Initials ITEIYI NO. 19 J Meetly Date 1 Prepared hby Mayor review 1 Council review 1 u' 0 02/25/08 1 JP 0 1 03/ 03/ 08 1 JP r �soa I I 1 I ITEM INFORMATION I CAS NUMBER. 08-026 (ORIGINAL AGENDA DATE: FEBRUARY 25, 2008 AGENDA ITEM TITLE Contract for services Sound Inspections Investigative Engineers, LLC CATEGORY Discztssion Motion Resolution Ordinance Bid Award n Public Hearing 1 1 Other Ahg Date 02/25/08 At Date 03/03/08 Altg Date lltg Date Mtg Date dltg Date Alta Date !SPONSOR Council Mayor Adrn Svcs DCD 1 1 Finance Fire Legal P&R Police PIY/ SPONSOR'S The Council is hereby requested to adopt an amendment to the scope of work, the contract SUMNLARY time and the contract amount for services provided by Sound Inspections Investigative Engineers for the Westfield Mall expansion. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE. 02/11/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve amended contract and forward to 02/25/08 COW COMMITTEE Unanimous Approval; Forward to Committee of the Nhole COST IMPACT FUND SOURCE EXPENDr11JRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/25/08 MTG. DATE ATTACHMENTS 02/25/08 Informational Memorandum dated 2/4/08 Exhibit L Original Contract for Services Exhibit II. Proposed Amended Contract for Services Minutes from the Community Affairs and Parks Committee of 2/11/08 INFORMATION MEMO To: Community Affairs Par ommittee From: Jack Pace, Director, D.C.D. Date: February 4, 2008 Subject: Contract for Inspection and plan review services. ISSUE Shall the City Council adopt an amendment to the scope of work, the contract time and the contract amount for services provided by Sound Inspections Investigative Engineers, LLC. BACKGROUND Westfield is determined to complete the permit process and the construction of the Mall addition including all 90- plus tenant improvements by July of 2008. The expansion of the Westfield Mall has placed a substantial increase in the work load for plan reviewers, inspectors and the permit center staff In order to accommodate Westfield's ambitious schedule and maintain the level of service to all other Tukwila citizens and businesses, we have contracted for inspection services with Sound Inspections Investigative Engineers, LLC. (S .I&. t h The current contract was approved by Mayor Mullet for the amount, not to exceed $25,000. The inspection services contract is scheduled to terminate June 30, 2008 or upon reaching the payment threshold of $25,000. DISCUSSION The cost of the consultant's inspection services does not impact the general fund. The permit fees cover the cost of inspections by our consultant. In addition, Westfield has agreed to pay for all overtime inspections and has agreed to pay for overtime plan review services. New developments have changed the scope of our original contract. First, Westfield has asked for expedited plan review for specific tenant improvements on an overtime basis. Secondly, Westfield has extended the original opening date for the mall expansion to the end of July 2008. The result of these requests calls for a change in the maximum dollar amount of the contract, a change in the scope of work to include plan review services and the extension of the termination date to July 31, 2008. 1 RECOMMENDATION Approve the amended contract which includes plan review services, a maximum payment threshold of $65,000 and the extended termination date of July 31, 2008. Forward to February 25, 2008 C.O.W. with recommendation for approval Attachments: Exhibit I, Current Contract. Exhibit II, Proposed Amended Contract. 2 EXHIBIT I. Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Sound Inspections Investigative Engineers, LLC hereinafter referred to as "the Contractor whose principal office is located at 1802 "A" Street SE, #223 PMB, Auburn Washington 98002 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. Scone 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 nd incorporated herein by this reference. Ccnrri�'etidac i let /f'; Coiai- 4� tP 24. OM 4. Duration of Agreement. This Agreement shall be in full force and e feet for a period commencing November 1, 2007 and ending June 30, 2008_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. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this. Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. C: \Documents and Settings\Bob -B\My DocumentslContract for services WL.doc kn 9/17/2007 Page 1 oft B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keepine and Renortine. 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 perfoirned in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the perfolinance 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. 12. Assienment 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. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. 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. 15. 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 o its attorney's fees and costs of suit. DATED this day of 20d 7 CITY OF TUKWILA CON "111 TOR: Sound Inspections Investigative Engineers, C 1+ t1► By: v1 �F By: Title: Mayor Title: a: in, Partner ATTEST /AUTHENTICATED: Printed Name: Jack Fingold LOCO �.,'./K Ja E. Cantu, CMC, City Clerk Address: 1802 "A" Street SE, #223 Auburn, WA 98002 APPROVED AS TO FORM: Office of the City Attorney `1,C Date approved by City Council: B (Applicable if contract amount is over $25,000) EXHIBIT "A" PROJECT: Tenant Improvements for Westfield MaII expansion. Scope of services to be performed by Sound Inspections Investigative Engineers 1. Respond to and complete scheduled inspections within 24 -hours of notification. Notification of requested inspections will be transmitted to SI &IE via facsimile by 5:00 PM the day prior to the date of the requested inspection. 2. Perform required inspections related to building construction, mechanical, plumbing and fuel -gas piping installations. Perform a cursory walk through coordination inspection as requested by the Westfield tenant coordinator. 3. Witness acceptance testing of emergency lighting (where required), HVAC shutdown and smoke evacuation system for the atrium. 4. Submit a copy of the inspection record report to the permit holder and a copy to the Tukwila Permit Center for each inspection by close of business on the inspection date. 5. Perform inspection services after normal hours (0700 hrs 1600 hrs) and including weekends and holidays when requested. After hour inspection requests will be coordinated through the Tukwila Peunit Center. 6. Attend project coordination meetings upon request. Attendance request and scheduling will be made by the Tukwila Permit Coordinator when needed. 7. Sound Inspections Investigative Engineers shall submit a monthly invoice for inspection services and reimbursable costs. After hour (overtime) charges to be submitted on a separate invoice. seEt110,0 o EXHIBIT "B" RECEIVED smo COMMUNiTy OE/ ELOPj ,;Et,IT Vfsn sAT(YE EN�'� July 20, 2007 Mr. Bob Benedicto Building Official 6300 Southcenter Blvd, 100 Tukwila, WA 98188 RE: Inspection Services Proposal Southcenter Mall Expansion Dear Mr. Benedicto, As requested, please find enclosed three (3) copies of our company Statement of Qualifications and one (1) copy of City of Tukwila Consultant Services Roster APPLICATION. Our regular rate for building, plumbing and mechanical inspections during normal work hours (0700hrs 1600hrs) is $70.00 per hour with a two (2) HOUR MINIMUM plus normal reimbursables such as travel, mileage, administrative costs and special inspection equipment, as necessary. After normal hour inspections will be billed at 1 1 /2 times our normal hourly rate with a three (3) hour minimum. Please do not hesitate to contact me at this office if you have any questions regarding this information. We look forward to assisting you and your staff with your inspection needs. Sincerely, Jack Fingold Sound Inspec on Investigative Engineers Encl; [200710871tr001 SOUND INSPECTIONS INVESTIGATIVE ENGINEERS, LLC 1802 "A" Street SE, #223 Auburn, WA 98002 (206) 621 -1686 (253) 939 -4988 fax EXHIBIT II. CONTRACT FOR SERVICES Contract No. This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as the City and Sound Insnections Investigative Engineers. LLC hereinafter referred to as "the Contractor whose principal office is located at 1802 "A" Street SE, #223 PMB. Auburn Washington 98002 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. -Compensation for services not to exceed $65,000. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing Mardi 3, 2008 and ending July31, 2008 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. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in teiuiination of this Agreement. C: \Documents and Settings\Bob -B \My Documents \Contract for services \V1.doc kn 9/17/2007 Page 1 of 2 B. Certificates of coverage as required by Paragraph A above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 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. 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. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 14. 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. 15. 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: Sound Inspections Investigative Engineers, LLC By: By: Title: Mayor Title: Managing Partner ATTEST /AUTHENTICAl'ED: Printed Name: Jack Fingold Jane E. Cantu, CMC, City Clerk Address: 1802 "A" Street SE, #223 Auburn, WA 98002 APPROVED AS TO FORM: Office of the City Attorney Date approved by City Council: B (Applicable if contract amount is over S25,000) EXHIBIT "A" PROJECT: Tenant Improvements for Westfield Mall expansion. Scope of services to be performed by Sound Inspections Investigative Engineers 1. Respond to and complete scheduled inspections within 24 -hours of notification. Notification of requested inspections will be transmitted to SI &IE via facsimile by 5:00 PM the day prior to the date of the requested inspection. 2. Perform required inspections related to building construction, mechanical, plumbing and fuel -gas piping installations. Perform a cursory walk through coordination inspection as requested by the Westfield tenant coordinator. 3. Witness acceptance testing of emergency lighting (where required), HVAC shutdown and smoke evacuation system for the atrium. 4. Submit a copy of the inspection record report to the permit holder and a copy to the Tukwila Permit Center for each inspection by close of business on the inspection date. 5. Perform inspection services after normal hours (0700 hrs 1600 hrs) and including weekends and holidays when requested. After hour inspection requests will be coordinated through the Tukwila Permit Center. 6. Attend project coordination meetings upon request. Attendance request and scheduling will be made by the Tukwila Permit Coordinator when needed. 7. Sound Inspections Investigative Engineers shall submit a monthly invoice for inspection services and reimbursable costs. After hour (overtime) charges to be submitted on a separate invoice. 8. Provide plan review services related to building, plumbing, mechanical, energy and indoor air quality code when required. SMIIIIP4349''%Q EXHIBIT "B" Sl4ATTUE EM6�� July 20, 2007 Mr. Bob Benedicto Building Official 6300 Southcenter Blvd, 100 Tukwila, WA 98188 RE: Inspection Services Proposal Southcenter Mall Expansion Dear Mr. Benedicto, As requested, please find enclosed three (3) copies of our company Statement of Qualifications and one (1) copy of City of Tukwila Consultant Services Roster APPLICATION. Our regular rate for building, plumbing and mechanical inspections during normal work hours (0700hrs 1600hrs) is $70.00 per hour with a two (2) HOUR MINIMUM plus normal reimbursables such as travel, mileage, administrative costs and special inspection equipment, as necessary. After normal hour inspections will be billed at 1 1 /2 times our normal hourly rate with a three (3) hour minimum. Please do not hesitate to contact me at this office if you have any questions regarding this information. We look forward to assisting you and your staff with your inspection needs. Sincerely, Jack Fingold Sound Inspec on Investigative Engineers Encl; [200710871t001] SOUND INSPECTIONS INVESTIGATIVE ENGINEERS, LLC 1802 "A" Street SE, #223 Auburn, WA 98002 (206) 621 -T686 a (253) 939 -4988 fax EXI0131r Q -5HEr( to1= SQ �ct001 44 sj February 6, 2008 Mr. Bob Benedicto Building Official 6300 Southcenter Blvd, 100 Tukwila, WA 98188 SENT VIA E -MAIL: bbenedicto@tukwila.wa.us RE: Inspection Services Proposal (ADDENDUM) Southcenter Mall Expansion Dear Mr. Benedicto, The purpose of this correspondence is to amend our July 20, 2008 proposal for professional service to include building, plumbing, mechanical, energy and indoor air quality code plan review. Our regular rate for plan review for verification of compliance to all state building codes, except structural, is $70.00 per hour with a two (2) hour minimum plus normal administrative costs. Work after regular hours will be billed at 2 times our normal rate. Projects having a valuation exceeding $1,000,000 will be billed at 65% of the plan review fee collected by the city. Please do not hesitate to contact me at this office if you have any questions regarding this information. We look forward to assisting you and your staff with your inspection and plan review needs. Sincerely, Jack Fingold Sound Inspection Investigative Engineers [200710871tr003] SOUND INSPECTIONS INVESTIGATIVE ENGINEERS, LLC 1802 "A" Street SE, #223 Auburn, WA 98002 (206) 621 -1686 (253) 939 -4988 fax )(1.0 Orr B SgF r ooF 2 y �J .0 7 Asti''- City of Tukwila 1,-51 \ice p tp\ �soa COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes February 11, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffm and De'Sean Quinn Staff: Jack Pace, Bob Benedicto, Lynn Miranda, Evie Boykan, Bruce Fletcher, Rhonda Berry and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Chair Hernandez called the meeting to order at 4:58 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tukwila Community Schools Collaboration Reporting Council allocated $100,000 in the 2008 City Budget for Tukwila Community Schools Collaboration (TCSC). In the past, when TCSC has received line item budget funds from the City, they have not been required to enter into a contract or submit performance and/or activity reports and they have not taken part in a City established competitive grant process. In order to improve accountability as well as formalize the fund disbursement process, staff would like to discuss and clarify reporting procedures and requirements for TCSC. Clarifying this process will also be useful in documenting the City's support of the TCSC program and in determining future City -based funding for the program. Staff distributed copies of existing TCSC reports which are given to the Tukwila School Board. The Tukwila Community Schools Collaboration has not historically been reporting outcome /performance measures. Since the program has not been able to produce outcomes, they have experienced some difficulty in securing outside grant funds. However, it is important to remember that this struggle is not unusual and is often experienced by new, unique growing programs such as this. After a lengthy discussion, the Committee was in agreement that in addition to the numbers of children attending the program, they wanted to explore other things that could be measured. Staff offered suggestions for other measurements to consider, including: WASL scores, attendance records and participant mobility. Committee members also felt that detailed information regarding TCSC staff responsibilities at each school location would be useful in the report. As a result of this discussion, Evie Boykan and Bruce Fletcher will work together to create a draft contract between the City and TCSC for allocated funding. The contract will incorporate a scope of work and build in performance objectives which will provide a basic outline of the City's expectations. Additionally, staff will asked Deborah Salas of TCSC to attend an upcoming Committee meeting discuss the type of data TCSC is looking at collecting as well as the barriers that they are experiencing in the process of gathering that information as they work within the restrictions of the School District data. This agenda item will return to Committee for further discussion and recommendation prior to going to full Council. INFORMATION ONLY. RETURN TO COMMITTEE FOR DISCUSSION. B. Amend Conditions of the Contract for Inspection and Plan Services for the Westfield Mall Expansion Staff is seeking full Council approval to replace the existing contract with Sound Inspections and Investigative Engineers, LLC. for inspection and plan services for the Westfield Mall Expansion. The replacement contract will be identical to the existing contract, with the exception of two items: extension of the termination date to July 21, 2008 and an increase in the contract amount not to exceed $65,000. Staff explained that these changes are being made due to Westfield's need to extend their opening date to July 25. The current contract is reaching its threshold and will not be able to serve the City's needs as Community Affairs Parks Committee Minutes February 11. 2008 Paae 2 required by the Mall's expansion. Jack Pace stated that the revenue for this contract is being generated by Westfield and that it is not impacting the City's General Fund. The associated permit fees cover the cost of inspections. Utilizing the services of Sound Inspections and Investigative Engineers, LLC. provides the City with overflow inspection assistance allowing staff to continue conducting residential and other small business. Rhonda Berry stated that the nullification of the existing contract needs to be stated in the new contract. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. C. Tukwila Urban Center Plan FTB Contract for Services Staff is requesting full Council approval of a contract for services with Freedman, Tung Bottomley (FTB) in the amount of $81,540.00 for completion of the Tukwila Urban Center (TUC) Plan. Staff provided a brief background of the redevelopment strategy for the urban center including the mall expansion, commuter rail station and other land use and transportation changes. The City is seeking to meet the County requirements for an urban center including the housing component and employer /job requirements. The City previously hired Freedman, Tung Bottomley as consultants for the Tukwila Urban Center Plan. Several meetings and work sessions (with Council and public) were held to select a preferred vision for the urban center. This resulted in an internal form -based plan. Staff is now ready for FTB to return to provide contract services that will result in a public review draft for the TUC. This draft will lead us to development of a system for both public and private improvements. The consultant's scope of work was included in the CAP packet; the full contract will be included in the February 25 COW. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. D. Student Representative to the Tukwila City Council After gauging Council interest and securing consensus, Councilmember Verna Griffin submitted information to the CAP Committee regarding a youth representative to the Tukwila City Council. Verna shared a draft document outlining the requirements and expectations for a youth representative. This document was formulated from documents from other organizations that implement similar programs. It also parallels requirements set by the Tukwila School Board for their student representatives. After an extensive discussion, the Committee offered several suggestions and asked additional questions including but not limited to: City Attorney review of the document and requirements. Research surrounding cities programs. Consider the youth working for matching funds when travel is possible Provide specific information regarding attendance requirements. Consider making the program length shorter for more youth participation. Consider opportunities for the youth that are not chosen to participate. Explore job shadowing opportunities versus a youth representative position. Open program to all schools as well as home schooled youth. CONDUCT MORE RESEARCH. RETURN TO COMMITTEE FOR FURTHER DISCUSSION. M. MISCELLANEOUS Meeting adjourned at 6:12 p.m. Next meeting: Monday, February 25, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval Minutes by KAM. Reviewed by BB, LM, EB. COUNCIL AGENDA SYNOPSIS W y Initial IzEmNo. Q P 1 10'; NIeetini Date Prepared by I Mayor's review Council review 1 I 02/25/08 JP s I 03/03/08 1 JP 1 1 rso z ITEM INFORMATION f CAS NUMBER: 08-027 I ORIGINAL AGENDA DATE: FEBRUARY 25, 2008 AGENDA ITEM Tmm Tukwila Urban Center Plan Freedman Tung Bottomley Contract for Services CATEGORY Discussion Motion n Resolution Ordinance Bid Award Public Hearing I I Other ilftg Date 2/25/08 Mtg Date 3/3/08 lltg Date ilftg Date lltg Date AR; Date ilttg Date SPONSOR n Council I 1 Major Adm Svcs DCD Finance Fire Legal P &R U Police 1 I PIV SPONSOR'S Authorize the Mayor to sign a contract with Freedman Tung Bottomley (FTB) for services SUM\L\RY related to the completion of the Tukwila Urban Center (TUC) Plan in the amount of $81,540.00 REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 2/11/08 RECOMMENDATIONS: SPONSOR /ADMIN. Recommend approval of the contract COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none Fund Source: FEDERAL TCSP GRANT FUNDS Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 2/25/08 -I 1 MTG. DATE ATTACHMENTS 2/25/08 Informational Memorandum to Council dated 2/20/08 with attached Local Agency Standard Consultant Agreement with FTB Minutes from the Community Affairs and Parks Committee meeting of 2/11/08 INFORMATIONAL MEMORANDUM To: Committee of the Who' From: Jack Pace, DCD Director Date: February 20, 2008 Subject: Contract for services with Freedman, Tung Bottomley (FTB) Issue Staff is requesting Council approval of a contract for services with Freedman Tung Bottomley (FTB) to complete the Tukwila Urban Center (TUC) Plan. Backeround The Departments of Community Development and Public Works have been preparing a subarea plan and associated implementing regulations, a supplemental environmental impact statement, and a planned action ordinance for the TUC. This plan will establish a redevelopment strategy that maintains the economic viability and regional focus of the TUC, encourages a mix of land uses (including housing) with densities supporting bus and commuter rail service, and creates a more attractive, pedestrian- oriented center. As part of our staff/consultant TUC planning team, FTB has provided technical assistance with land use and urban design issues related to the planning of the Tukwila Urban Center (TUC). In 2004, FTB delivered a preliminary draft plan, development standards and design guidelines that implement the preferred future vision for the TUC. This preferred vision was developed during seven public workshops and two joint City Council/Planning Commission Worksessions. Since that time, the project was delayed due to loss of staff and time spent on other competing planning issues such as Tukwila Valley South. The delay was also required to allow more time for an in- depth staff review of the implementing regulations, which are in a new foiin -based code format. Discussion The proposed scope of services will bring the final plan to adoption. The scope includes preparing the next draft of the Plan and development regulations for public review and hearings; additional worksessions for the public, Planning Commission, and City Council; and preparing and publishing the final document. There is a remaining professional services credit for uncompleted tasks from the previous contract with FTB. After subtracting this credit from the total budget for the new scope of work contract, the total cost for this contract is $81,540.00. This amount will be fully funded by the existing TUC grant. Recommendation Forward FTB's contract for TUC Plan services to the City Council for approval at their regular meeting on March 3, 2008. Attachment: Local Agency Standard Consulting Agreement with FTB P:\I TUC\Contracts\L.and use \administrative\20081COW 2.25.08 memo.doc Consultant/Address /Telephone Local Agency Freedman Tung Bottomley Standard Consultant 101 New Montgomery St Agreement 6th floor g re San Francisco, CA 94105 ❑Architectural/Engineering Agreement Personal Services Agreement Agreement Number Project Title And Work Description LA 5377 Tukwila Urban Center Plan Land use and urban Federal Aid Number design work to prepare the Tukwila Urban Center TCSP TCSP (010) Plan, attend workshops, and facilitate plan adoption. Agreement Type (Choose one) Lump Sum Lump Sum Amount Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate Yes IN No Overhead Cost Method Federal 1D Number or Social Security Number Actual Cost 943049404 Do you require a 1099 for IRS? Completion Date Actual Cost Not To Exceed Yes No March 31, 2009 Fixed Rate Fixed Fee [81 Specific Rates Of Pay Total Amount Authorized 81,540.00 Negotiated Hourly Rate Management Reserve Fund Provisional Hourly Rate Maximum Amount Payable 81,540.00 Cost Per Unit of Work Index of Exhibits Exhibit "A" Scope of Work Exhibit "B" DBE Participation Exhibit "C" Electronic Exchange of Engineering and Other Data Exhibit "D" Payment (by Agreement Type) Exhibit "E" ConsuItant Fee Determination Exhibit "F" Breakdown of Overhead Cost Exhibit "G" Subcontract Work/Fee Determination 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" Certification Documents THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT DOT Form 140 -089 EF Page 1 of 8 Revised 6/05 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. 11 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 utilised, 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 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 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 STA 1'h, 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 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning claims will be conducted under the procedures found in Exhibit "K XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5of8 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. Tnsurance 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 Tnsurance and any Professional Liability Tnsurance 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 6of8 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 7of8 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 Freedman Tung Bottomley Agency City of Tukwila DOT Form 140 -089 EF Page 8 of 8 Revised 6/05 Exhibit A -1 Scope of Work The City of Tukwila Tukwila Urban Center Subarea Plane Resume /Complete Plan Document Scope of Services Version 3: February4th, 2008 Proiect Overview This Scope of Services covers the resumption of the effort to prepare the Tukwila Urban Center Subarea Plan and completion of the Plan. Activities in this phase begin modification of the organizing system for regulatory policies and review with City Staff in an all -day meeting in Tukwila. Next, the Public Review Draft of the Tukwila Urban Center Plan will be prepared in a three `Book" format with appendices in order to enable the various users of the document to quickly find pertinent portions. Book I, "Community Intent," will spell out the planning context and the community vision. Book H, "Development Regulations," will provide the regulatory tools for City Staff to shape private investment towards implementing the vision. Book III, "City Actions," will address relevant Capital Improvements, Assistance Programs, and other city actions (note please note some sections are to be provided by City Staff). Appendices will contain background information and portions related to transportation and ciruclation. Upon completion and submittal of the Public Review Draft, we will attend one Joint City Council/Planning Commission Study Session, one Community Workshop, and one City Council Study Session. A round of final coordination, minor edits, and final submittal of the Tukwila Urban Center Subarea Plan will follow. Work Proeram The Task List below describes the services to be carried out by Freedman Tung Bottomley. Tasks are listed in the chronological order that is assumed will be most effective for both the development of planning design solutions, as well as for the provision of a satisfying process of collaboration with City Staff and community participation. As the project proceeds, the order of tasks may be modified to suit opportunities that arise during the course of the planning and design process. Phase I. IMPLEI/ENTING COMMUNITY INI J NT: TUKWTLA URBAN CENTER SUBAREA PLAN DOCUMENT 1. Modify Standards per Meeting on Dec.11th and Update Coding System A. Review City Staff Comments and Core Team Discussions Summary B. Modify primary organizing system for regulatory policies based on feedback from Core Team C. Supplemental phone coordination with City Staff re: regulatory system D. Prepare preliminary regulatory maps and charts E. Transmit preliminary maps and charts to City and follow -up phone conversation 2. Coding System Working Session w/Core Team (in lieu of revised Administrative Draft) A. Prepare Working Session Materials, Logistics &Scheduling Coordination w /City Staff B. Attend Working Session re:Coding System with Core Team Planning Staff (include travel time) C. Working Session Follow -Up 3. Prepare and Publish Revised/Updated TUC Subarea Plan Document A. Update/Revise Introduction (Preface and Orientation) 1) Authority 2) Orientation Sections B. Update/Revise Book I: Community Intent per direction received on Dec.1 lth 1) Intent (Plan Goals) 2) Starting Point (primary contents will be moved to Appendices) 3) Envisioned Future TUC (The Future Tukwila Urban Center) 4) Revitalization Strategy (Redevelopment Strategies) C. Update/Revise Book II: Development Regulations 1) Orientation Applicability Development Review Process (revise text written by City and incorporate) 2) Site Development Regulations 3) Street and Open Space Regulations 4) Parking Regulations 5) Architectural Regulations (revise text written by City and incorporate) D. Assist City Staff to Prepare Book III: City Actions 1) Phone coordination with City re:Book Ill contents 2) Receive /review text drafted by City and have follow -up phone conversation 3) Draft supplemental text for Book ITT 4) Select images for Book III E. Glossary F. Appendices 1) Starting Point 2) Transportation Circulation G. Separately Bound Compendium H. Document Design and Formatting 1) Phone coordination with City re:document format and section numbering 2) Format document design and lay out text and images 3) Incorporate additional pictures and captions I. City Staff Telephone Q &A, Coordination, Last- Minute Issues J. Final edits; Prepare Final Camera -Ready Document; Coordinate Photo -Repro K. Forward PDF Master File and One Hard Copy to City Note: This Scope of Services does not cover the reproduction of the Public Review Draft document except for one courtesy copy. Upon completion of the Public Review Draft, FTB will contact the City's Project Manager to inquire as to the number of copies the City will require. Photo reproduction services are not marked up by FTB, and are simply passed on to the City under invoice separate from those of the project. 4. Prepare Final Version of TUC Subarea Plan Document (after hearing phase) A. Modifications allowance (receive modifications document from City Staff; implement) B. Prepare PDF Master File and One Hard Copy, forward to City Staff Note: This Scope of Services does not cover the reproduction of the camera -ready document except for one courtesy copy. Upon completion of the camera -ready master copy, FIB will contact the City's Project Manager to inquire as to the number of copies the City will require. Photo reproduction services are not marked up by FTB, and are simply passed on to the City under invoice separate from those of the project. 5. Phase I. Project Management 2 STUDY SESSIONS AND WORKSHOP 1. Joint City Council/Planning Commission Study Session (includes base presentation of Subarea Plan) A. Meeting logistics and pre- session correspondence B. Prepare presentation of TUC Subarea Plan key features 1. Scan and format key document exhibits into powerpoint 2. Prepare powerpoint exhibits key policy recommendations 3. Prepare powerpoint presentation C. Pre meeting session with City Staff D. Attend Study Session: setup, presentation, discussion, record direction E. Associated travel time 2. Community Workshop Public Review Draft Orientation (in same travel as Task 1. Joint CC/PC Study Session) A. Meeting logistics and pre- session correspondence B. Revise powerpoint presentation of TUC Subarea Plan key features prepared for Joint CC/PC Study Session C. Pre meeting session with City Staff D. Attend Community Workshop: setup, presentation, discussion, record direction 3. City Council Study Session A. Meeting logistics and pre- session correspondence B. Modify presentation materials as directed by City Staff C. Pre meeting Session with City Staff D. Attend Study Session: setup, presentation, discussion, record direction E. Associated travel time 3 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Tnformation Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Fouuat DOT Form 140 -089 EF Exhibit C Revised 6/05 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 perfauned or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. if negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub consultant costs. a. Subconsultant costs will include a Sub Consultant Oversight mark -up of 4% as allowed in accordance with 48 CFR 31.2 Subconsultant costs including Oversight Markup must be itemized on the Subconsultant Fee Determination Summary sheet attached as Exhibit G -1. b.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." c. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. d.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. c. All above charges must be necessary for the services provided under this AGREEMENT. DOT Form 140 -089 EF Exhibit D -3 Revised 8/07 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." 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. Exhibit E -2 Consultant Fee Determination Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate t g5 -l2yo I Per Hour e12- 1N 1 '10. I o .1 g. IL' 3JIra2.7DOA 41. X1 .7 1 I I3a.1.e1 A -Ssocr '2 .(tq leo 14.o I (o I-1 Pte,►. Farl\M4?'2 4? 3'. VCto (P_1 -q2 -rssdA 1 Po.iii /.7f.9 g.8 67, q,.Z DOT Form 140 -089 EF Exhibit E -2 Revised 6/05 Exhibit F December 31, 2007 Breakdown of Overhead Cost Account Title Beginning Total I of Direct Labor Direct Labor 497,800 100.00% Overhead Expenses: FICA 39,124 7.86% Unemployment 782 0.16% Health /Accident Insurance 45,076 9.06% Medical Aid Industrial Insurance 0 0.00% HolidayNacation /Sick Leave 81,726 16.42% Commission /Bonus /Pension 19,196 3.86% Total Fringe Benefits 185,905 37.35% General Overhead: State B &O Taxes 11,969 2.40% Insurance 27,943 5.61% Administration Time Not Assignable 307,073 61.69% Printing, Stationery Supplies 25,966 5.22% Professional Services 27,788 5.58% Travel Not Assignable 17,633 3.54% Telephone Telegraph Not Assignable 15,697 3.15% Fees, Dues Professional Meetings 23,079 4.64% Utilities Maintenance 7,491 1.50% Professional Development 0 0.00% Rent 215,502 43.29% Equipment Support 43,829 i 8.80% Office, Miscellaneous Postage. 14,619 2.94% Total General Overhead 738,590 Total Overhead (General Fringe) 924,494 185.72% Overhead Rate (Total Overhead Direct Labor) 185.72 DOT Form 140 -089 EF Exhibit F Revised 6 /05 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 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. 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 I Revised 6/05 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 perfoiui 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 fmal 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 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 Tnforming 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 fmal payment for the agreement is subject to audit. Exhibit M -1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am Michael Freedman and duly authorized representative of the firm of Freedman Tung and Bottomley whose address is 101 NaA) i'lank .P.V its' ci 5(4 t<0 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Depai talent of Transportation in connection with this AGREEMENT involving participation of Fedeid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. c4LlA 1 OL 1S d gi t Date gnature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6 /05 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Depai (Anent 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. I o Date Signature DOT Form 140 089 EF Exhibit M -1(b) Revised 6/05 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. 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): Freedman Tung and Bottomley (Date) (Sign- e 'resident or AutK& 'zed Official o onsultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 COUNCIL AGENDA SYNOPSIS J`ts41L A q k 4: 5''', Marais ITEMNO. o :z q 1 ill eeti,z Q Date 1 Prepared by Marais r ure v Cor,nci /review i �`r` 02/25/08 1 JP 1 s i X?� 1 03/03/08 1 JP 1 1 q 'i so s 1 1 1 1 1 1 ITEM INFORMATION CAS NUMBER: 08-027 'ORIGINAL AGENDA DATE: FEBRUARY 25, 2008 AGENDA ITEM TI11.IE Tukwila Urban Center Plan Freedman Tung Bottomley Contract for Services CATEGORY Discussion Motion Resolution Ordinance Bid Award PublicHeannd 1 1 Other tlltg Date 2/25/08 Mtg Date 3/3/08 Mtg Date Aftg Date Alts Date Altg Date Altg Date SPONSOR 1l Council Me or Adm Svcs DCD Finance Fire l Legal Li P &R Police 1 1 PIV SPONSOR'S Authorize the Mayor to sign a contract with Freedman Tung Bottomley (FTB) for services SUNS L-1RY related to the completion of the Tukwila Urban Center (TUC) Plan in the amount of $81,540.00 REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 1 1 Parks Comm. Planning Comm. DA 1:E: 2/11/08 RECOMMENDATIONS: SPONSOR /ADMIN Recommend approval of the contract COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none Fund Source: FEDERAL TCSP GRANT FUNDS Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 1 2/25/08 -I I I 1 MTG. DATE ATTACHMENTS 2/25/08 Informational Memorandum to Council dated 2/20/08 with attached Local Agency Standard Consultant Agreement with FTB Minutes from the Community Affairs and Parks Committee meeting of 2/11/08 I I INFORMATIONAL MEMORANDUM To: Committee of the Who From: Jack Pace, DCD Directo)\j Date: February 20, 2008 Subject: Contract for services with Freedman, Tung Bottomley (FTB) Issue Staff is requesting Council approval of a contract for services with Freedman Tung Bottomley (FTB) to complete the Tukwila Urban Center (TUC) Plan. Backeround The Departments of Community Development and Public Works have been preparing a subarea plan and associated implementing regulations, a supplemental environmental impact statement, and a planned action ordinance for the TUC. This plan will establish a redevelopment strategy that maintains the economic viability and regional focus of the TUC, encourages a mix of land uses (including housing) with densities supporting bus and commuter rail service, and creates a more attractive, pedestrian- oriented center. As part of our staff/consultant TUC planning team, FTB has provided technical assistance with land use and urban design issues related to the planning of the Tukwila Urban Center (TUC). In 2004, FTB delivered a preliminary draft plan, development standards and design guidelines that implement the preferred future vision for the TUC. This preferred vision was developed during seven public workshops and two joint City Council/Planning Commission Worksessions. Since that time, the project was delayed due to loss of staff and time spent on other competing planning issues such as Tukwila Valley South.. The delay was also required to allow more time for an in- depth staff review of the implementing regulations, which are in a new forui -based code format. Discussion The proposed scope of services will bring the final plan to adoption. The scope includes preparing the next draft of the Plan and development regulations for public review and hearings; additional worksessions for the public, Planning Commission, and City Council; and preparing and publishing the final document. There is a remaining professional services credit for uncompleted tasks from the previous contract with FTB. After subtracting this credit from the total budget for the new scope of work contract, the total cost for this contract is $81,540.00. This amount will be fully funded by the existing TUC grant. Recommendation Forward FTB's contract for TUC Plan services to the City Council for approval at their regular meeting on March 3, 2008. Attachment: Local Agency Standard Consulting Agreement with FTB P:\ TUC\Contracts\Land use \administrative\20081C0W2.25.08 memo.doc Consultant/Address/Telephone Local Agency Freedman Tung Bottomley Standard Consultant 101 New Montgomery St Agreement 6th floor g San Francisco, CA 94105 Architectural/Engineering Agreement Personal Services Agreement Agreement Number Project Title And Work Description LA 5377 Tukwila Urban Center Plan Land use and urban Federal Aid Number design work to prepare the Tukwila Urban Center TCSP TCSP (010) Plan, attend workshops, and facilitate plan adoption. Agreement Type (Choose one) Lump Sum Lump Sum Amount Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate Yes No Overhead Cost Method Federal ID Number or Social Security Number El Actual Cost 943049404 Do you require a 1099 for IRS? Completion Date Actual Cost Not To Exceed Yes No March 31, 2009 Fixed Rate Fixed Fee (81 Specific Rates Of Pay Total Amount Authorized 81,540.00 Negotiated Hourly Rate Management Reserve Fund Provisional Hourly Rate Maximum Amount Payable 81,540.00 Cost Per Unit of Work Index of Exhibits Exhibit "A" Scope of Work Exhibit `B" DBE Participation Exhibit "C" Electronic Exchange of Engineering and Other Data Exhibit "D" Payment (by Agreement Type) Exhibit "E" Consultant Fee Determination Exhibit "F" Breakdown of Overhead Cost Exhibit "G" Subcontract Work/Fee Determination Exhibit "H" Title VI Assurances Exhibit "1" Payment Upon Termination of Agreement Exhibit ".1" Alleged Consultant Design Error Procedures Exhibit "K" Consultant Claim Procedures Exhibit "L" Liability Insurance Increase Exhibit "M" Certification Documents THIS AGREEMENT, made and entered into this day of between the Local Agency of City of Tukwila Washington, hereinafter called the "AGENCY" and the above organization hereinafter called the "CONSULTANT DOT Form 140 -089 EF Page 1 of 8 Revised 6105 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows. 1 General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. 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. IfD/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 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 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 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J and disputes concerning claims will be conducted under the procedures found in Exhibit "K XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located. Page 5of8 Xlll 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 4213, 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 Tnsurance 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 (51,000,000) 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 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 perfozmed. 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 7of8 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 B Consultant Freedman Tung Bottomley Agency City of Tukwila DOT Form 140 -089 EF Revised 5/05 Page 8 of 8 Exhibit A -1 Scope of Work The City of Tukwila Tukwila Urban Center Subarea Plane Resume /Complete Plan Document Scope of Services Version 3: February4th, 2008 Project Overview This Scope of Services covers the resumption of the effort to prepare the Tukwila Urban Center Subarea Plan and completion of the Plan. Activities in this phase begin modification of the organizing system for regulatory policies and review with City Staff in an all -day meeting in Tukwila. Next, the Public Review Draft of the Tukwila Urban Center Plan will be prepared in a three `Book" format with appendices in order to enable the various users of the document to quickly find pertinent portions. Book I, "Community Intent," will spell out the planning context and the community vision. Book II, "Development Regulations," will provide the regulatory tools for City Staff to shape private investment towards implementing the vision. Book III, "City Actions," will address relevant Capital Improvements, Assistance Programs, and other city actions (note please note some sections are to be provided by City Staff). Appendices will contain background information and portions related to transportation and ciruclation. Upon completion and submittal of the Public Review Draft, we will attend one Joint City Council/Planning Commission Study Session, one Community Workshop, and one City Council Study Session. A round of final coordination, minor edits, and final submittal of the Tukwila Urban Center Subarea Plan will follow. Work Program The Task List below describes the services to be carried out by Freedman Tung Bottomley. Tasks are listed in the chronological order that is assumed will be most effective for both the development of planning design solutions, as well as for the provision of a satisfying process of collaboration with City Staff and community participation. As the project proceeds, the order of tasks may be modified to suit opportunities that arise during the course of the planning and design process. Phase I. IMPLEMENTING COIVENIUNITY lisf1ENT: TUKWILA URBAN CENTER SUBAREA PLAN DOCUMENT 1. Modify Standards per Meeting on Dec.11th and Update Coding System A. Review City Staff Comments and Core Team Discussions Summary B. Modify primary organizing system for regulatory policies based on feedback from Core Team C. Supplemental phone coordination with City Staff re: regulatory system D. Prepare preliminary regulatory maps and charts E. Transmit preliminary maps and charts to City and follow -up phone conversation 2. Coding System Working Session w/Core Team (in lieu of revised Administrative Draft) A. Prepare Working Session Materials, Logistics &Scheduling Coordination w /City Staff B. Attend Working Session re:Coding System with Core Team Planning Staff (include travel time) C. Working Session Follow -Up 3. Prepare and Publish Revised/IJpdated TUC Subarea Plan Document A. Update/Revise Introduction (Preface and Orientation) 1) Authority 2) Orientation Sections B. Update/Revise Book I: Community Intent per direction received on Dec.1 lth 1) Intent (Plan Goals) 2) Starting Point (primary contents will be moved to Appendices) 3) Envisioned Future TUC (The Future Tukwila Urban Center) 4) Revitalization Strategy (Redevelopment Strategies) C. Update/Revise Book II: Development Regulations 1) Orientation Applicability Development Review Process (revise text written by City and incorporate) 2) Site Development Regulations 3) Street and Open Space Regulations 4) Parking Regulations 5) Architectural Regulations (revise text written by City and incorporate) D. Assist City Staff to Prepare Book III: City Actions 1) Phone coordination with City re:Book LEI contents 2) Receive /review text drafted by City and have follow -up phone conversation 3) Draft supplemental text for Book III 4) Select images for Book III E. Glossary F. Appendices 1) Starting Point 2) Transportation Circulation G. Separately Bound Compendium H. Document Design and Formatting 1) Phone coordination with City re:document format and section numbering 2) Format document design and lay out text and images 3) Incorporate additional pictures and captions I. City Staff Telephone Q &A, Coordination, Last Minute Issues J. Final edits; Prepare Final Camera -Ready Document; Coordinate Photo -Repro K. Forward PDF Master File and One Hard Copy to City Note: This Scope of Services does not cover the reproduction of the Public Review Draft document except for one courtesy copy. Upon completion of the Public Review Draft, FTB will contact the City's Project Manager to mquire as to the number of copies the City will require. Photo reproduction services are not marked up by FTB, and are simply passed on to the City under invoice separate from those of the project. 4. Prepare Final Version of TUC Subarea Plan Document (after hearing phase) A. Modifications allowance (receive modifications document from City Staff; implement) B. Prepare PDF Master File and One Hard Copy, forward to City Staff Note: This Scope of Services does not cover the reproduction of the camera -ready document except for one courtesy copy. Upon completion of the camera -ready master copy, FIB will contact the City's Project Manager to inquire as to the number of copies the City will require. Photo reproduction services are not marked up by FTB, and are simply passed on to the City under invoice separate from those of the project. 5. Phase I. Project Management 2 STUDY SESSIONS AND WORKSHOP 1. Joint City Council/PIanning Commission Study Session (includes base presentation of Subarea Plan) A. Meeting logistics and pre- session correspondence 13. Prepare presentation of TUC Subarea Plan key features 1. Scan and format key document exhibits into powerpoint 2. Prepare powerpoint exhibits key policy recommendations 3. Prepare powerpoint presentation C. Pre meeting session with City Staff D. Attend Study Session: setup, presentation, discussion, record direction E. Associated travel time 2. Community Workshop Public Review Draft Orientation (in same travel as Task 1. Joint CC/PC Study Session) A. Meeting logistics and pre- session correspondence B. Revise powerpoint presentation of TUC Subarea Plan key features prepared for Joint CC/PC Study Session C. Pre meeting session with City Staff D. Attend Community Workshop: setup, presentation, discussion, record direction 3. City Council Study Session A. Meeting logistics and pre- session correspondence B. Modify presentation materials as directed by City Staff C. Pre meeting Session with City Staff D. Attend Study Session: setup, presentation, discussion, record direction E. Associated travel time 3 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not Limited to, the following: I. Surveying, Roadway Design Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided H. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140 -089 EF Exhibit C Revised 6/05 Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. Hourly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods withm 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. Subconsultant costs will include a Sub Consultant Oversight mark -up of 4% as allowed in accordance with 48 CFR 31.2 Subconsultant costs including Oversight Markup must be itemized on the Subconsultant Fee Determination Summary sheet attached as Exhibit G -1. b.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." c. The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. d.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. c. All above charges must be necessary for the services provided under this AGREEMENT. DOT Form 140 -089 EF Exhibit D -3 Revised 8/07 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 authonzation(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." 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 AGREEMENTS. 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 m 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 penod, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit E -2 Consultant Fee Determination Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate pg if 7),% 1 t, Per Hour (4 CA l 1-- 1 1D. Igo (ao L 30. 1 gam(. 14 CPU! on_ 7or.�A 41.5 7(P .7 q 17.1 13 .1e l A OC,A -7c=. 2 .1p.i le .1 ti-f. D 1 107. PA9,1. P m),r ?o.Cgs 3q. gCto 117- Ac 1 PO. /.i7 .2 ..q g. 8 6 G 7. q,. DOT Form 140 -089 EF Exhibit E -2 Revised 6/05 Exhibit F December 31, 2007 Breakdown of Overhead Cost Account Title 1 Beginning Total I of Direct Labor Direct Labor 497,800 1 100.00% Overhead Expenses: FICA I 39,124 7.86% Unemployment 782 0.16% Health /Accident Insurance 45,076 9.06% Medical Aid Industrial Insurance 0 0.00% HolidayNacation /Sick Leave 81,726 16.42% Commission /Bonus /Pension 19,196 3.86% Total Fringe Benefits 185,905 37.35% General Overhead: State B &O Taxes 11,969 2.40% Insurance 27,943 5.61% Administration Time Not Assignable 307,073 61.69% Printing, Stationery Supplies 25,966 5.22% Professional Services 27,788 5.58% Travel Not Assignable 17,633 3.54% Telephone Telegraph Not Assignable 15,697 3.15% Fees, Dues Professional Meetings 23,079 4.64% Utilities Maintenance 7,491 1.50% Professional Development 0 0.00% Rent 215,502 43.29% Equipment Support 43,829 8.80% Office, Miscellaneous Postage 14,619 2.94% Total General Overhead 738,590 Total Overhead (General Fringe) 924,494 1 185.72% Overhead Rate (Total Overhead Direct Labor) 185.72 DOT Form 140 -089 EF Exhibit F Revised 6/05 Exhibit H Title V( 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 furmsh 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 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. 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 authonzed 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 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 fmal 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 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 m 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 Tnforming 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. Exhibit M -1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am Michael Freedman and duly authorized representative of the firm of Freedman Tung and Bottomley whose address is tot Nat) 1191.400c4tV' z ,(A v and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Depaitnient of Transportation and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Fedeid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. OL'1S'' dg t Q °I Date gnature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6 /05 Exhibit M -1 (b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Tukwila Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any film, 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 Deparlutent of Transportation and the Federal Highway Administration, U.S. Depai intent 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 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 depaituient 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): Freedman Tung and Bottomley (Date) (Sig a P sident or Aut o:zed Official o onsultant DOT Farm 140 -089 EF Exhibit M -2 Revised 6/05 Community Affairs Parks Committee Minutes February 11, 2008 Paae 2 required by the Mall's expansion. Jack Pace stated that the revenue for this contract is being generated by Westfield and that it is not impacting the City's General Fund. The associated permit fees cover the cost of inspections. Utilizing the services of Sound Inspections and Investigative Engineers, LLC. provides the City with overflow inspection assistance allowing staff to continue conducting residential and other small business. Rhonda Berry stated that the nullification of the existing contract needs to be stated in the new contract. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. C. Tukwila Urban Center Plan FTB Contract for Services Staff is requesting full Council approval of a contract for services with Freedman, Tung Bottomley (FIB) in the amount of $81,540.00 for completion of the Tukwila Urban Center (TUC) Plan. Staff provided a brief background of the redevelopment strategy for the urban center including the mall expansion, commuter rail station and other land use and transportation changes. The City is seeking to meet the County requirements for an urban center including the housing component and employer /job requirements. The City previously hired Freedman, Tung Bottomley as consultants for the Tukwila Urban Center Plan. Several meetings and work sessions (with Council and public) were held to select a preferred vision for the urban center. This resulted in an internal form -based plan. Staff is now ready for FTB to return to provide contract services that will result in a public review draft for the TUC. This draft will lead us to development of a system for both public and private improvements. The consultant's scope of work was included in the CAP packet; the full contract will be included in the February 25 COW. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. D. Student Representative to the Tukwila City Council After gauging Council interest and securing consensus, Councilmember Verna Griffin submitted information to the CAP Committee regarding a youth representative to the Tukwila City Council. Verna shared a draft document outlining the requirements and expectations for a youth representative. This document was formulated from documents from other organizations that implement similar programs. It also parallels requirements set by the Tukwila School Board for their student representatives. After an extensive discussion, the Committee offered several suggestions and asked additional questions including but not limited to: City Attorney review of the document and requirements. Research surrounding cities programs. Consider the youth working for matching funds when travel is possible Provide specific information regarding attendance requirements. Consider making the program length shorter for more youth participation. Consider opportunities for the youth that are not chosen to participate. Explore job shadowing opportunities versus a youth representative position. Open program to all schools as well as home schooled youth. CONDUCT MORE RESEARCH. RETURN TO COMMITTEE FOR FURTHER DISCUSSION. M. MISCELLANEOUS Meeting adjourned at 6:12 p.m. Next meeting: Monday, February 25, 2008 5:00 p.m. Conference Room #3 Committee Chair Approval M inutes by KAM. Reviewed by BB, LM, EB. COUNCIL A GENDA SYNOPSIS =F .pI1L W9�ti e. I' Inittals Q t rit% Meeting Date 1 Prepared by Mayor's review J_ Council review r866 ITEM INFORMATION CAS NUMBER: 08-028 ORIGINAL AGENDA DATE: FEBRUARY 25, 2008 AGENDA ITEM TITLE 2008 Overlay Program Consultant Selection and Agreement CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other Mtg Date 2/25/08 Mtg Date 3/03/08 Mtg Date Mtg Date Mtg Date Mg Date Mtg Date SPONSOR Council Mayor Actin Svcs DCD Finance Fire Legal LJ P&R Li Police PW SPONSOR'S The agreement is for design services and the preparation of bid documents for the 2008 SUMMARY Overlay Program. Both commercial and residential streets are included. The agreement also includes gathering data to update the Pavement Management System and the ability to supplement for 2009 Overlay Program design services. The work is to be completed for $89,561.60. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 2/12/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the consultant's agreement with KPG, Inc. COMMUTER Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $89,561.60 $124,000.00 Fund Source: 103 RESIDENTIAL STREETS 104 ARTERIAL STREETS (PAGES 3 44, 2008 cIP) Comments: I MTG. DATE RECORD OF COUNCIL ACTION 02/25/08 03/03/08 MTG. DATE ATTACHMENTS 02/25/08 Information Memo dated February 7, 2008 Consultant Agreement with Scope of Work Transporation Committee Meeting Minutes from February 12, 2008 03/03/08 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director all) Date: February 7, 2008 Subject: 2008 2009 Overlay and Repair Programs Project No. 08 -RWO1 Consultant Selection, Scope of Work, and Fee Estimate ISSUE Select a consultant to provide design and plans, specifications and estimates (PS E) for the City's 2008 and 2009 Overlay Programs. BACKGROUND Task I The CIP includes two components (Residential Commercial) for the Annual Overlay Program to provide repairs and overlays on the City's street system. The 2008 list of projects include: Residential Street From To 1. S 140 St 53r Ave S 55 Ave S 2. S 132 St 32 Ave S 34 Ave S 3. S 131 P1 Localized leveling East of Macadam Rd 4. S 139 St TIB 42n Ave S 5. S 140 St TIB 42 Ave S 6. S 137 St West of Macadam Rd as budget allows Commercial Street From To 7. S'center Pkwy Klickitat Dr Nordstrom Signal 8. Frager Road Localized leveling near creek crossing 9. Airport Way NB ramp from Boeing Access Rd 10. E Marginal Wy BAR Sound Transit Project 11. E Marginal Wy BAR Norfolk 12. S 130 PI South of S 129 St as budget allows P:IPROJECTS\A- RW RS Projects108RW01 2008 Overlay Repair\ConSelctfor2008.doc Mayor Haggerton Page 2 February 7, 2008 Task 2 Other Work Pavement ratings for all streets in the City will be updated to reflect current conditions and entered into the Pavement Management System. Results from the updated Pavement Management System will be used to prioritize future overlay and repair candidates, estimate costs to maintain the street system to an acceptable condition, and assist in establishing an annual budget for the Overlay Program. An analysis of the estimated construction costs vs. budget will occur at the 50% design level. If estimated project costs exceed the 2008 budget, then selected projects will be automatically delayed and included in the 2009 Overlay Program. The scope of work will include the option to supplement the contract for design of the 2009 Overlay Program. ACTION TAKEN In order to advertise the City's annual overlay program early in the year, work must begin in the 4 quarter of the previous year. The CIP budget was established to include the design costs for 2008 as well as funds to begin design for 2009. The 2008 consultant selection process also includes selection for the 2009 Overlay Program. Three firms were short- listed from the City's consultant roster of finis that indicated they provide expertise in pavement design, overlay design and pavement management. All three firms were rated based on the expertise and experience necessary to perform the work. KPG, Inc. was selected as the most qualified (see rating sheet attached). KPG, Inc., has provided design and construction services for the City in past years. A draft Scope of Work and Fee Estimate are attached. Contract Budget Design (Commercial) $67,209.60 $100,000.00 Design (Residential) 22352.00 24.000.00 Totals $89,561.60 $124,000.00 RECOMMENDATION Approve the selection of KPG, Inc. as Design Consultant for the 2008 and 2009 Overlay Programs and authorize the Mayor to execute a contract with KPG, Inc., in the amount of $89,561.60. Attachments: 2008 Overlay Project Maps Rating Sheet KPG Letter dated 2/6/08 Eshibit A:Scope of Work Exhibit B: Fee Estimate P:\PROJECTS\A- RW RS Projects \08RW01 2008 Overlay Repair \ConSelctfor2008.doc 2008 OVERLAY PROJECTS VICINITY MAP '''6? t) �S 150 St N v �S 150 S 150 S 1 49 St Park/ N l_ S 151 St Litif-1 5 151 Si �G St S152Stf S152St S151SN 1 S152St 5 151P /Az l W1 4 0 J�/ S o a� ns o n f• Q 5 153 St 5153 St 0, 4 J mitt o ry m s I h v' s► r_,,( S 156 St p W 405 g�vd S 15� St N� o St 158 u, w v' a Tu kw ila Parkvny S 158 St H �°S158St I S 160 Evans �_,......_,.o.:, Slack Dr S o S 161 u' St Faker Blvd „p^ n 162 n fo y L no St o oP Q k n `'j Ln �nJ yS 16 t a a r AU T.__ l' 43 Strander ,Blvd G- 3 S 164 St v' a h /4 fl v H Treck ��o S 166 5 c Dr e� J h w 2� m S t4 co 1 2 rt �h v x.�' Corporate z- Drive N p Corporate U °�v, Drive S Mink er B v Upland Dr a a 3 3 Q Midland Dr g 'D Saxon z Drive Q o ,o ',..,„.S../?,, S Triland Dr o S 180St I __SW4; St c o1 En St Pk Dr1 ''o i i g D ti Rive rside �•o i�/ C rn g Q Q Toad Q Q se 4-) k o BI vd a 1 ar A �i ar O C :-s cs J rdv4, S G lacier St te a 0 ,y/ L_ .-.0 4 a /�1 I LI k 2008 OVERLAY PROJECTS (o Cit2'y of Tukwila z Vicinity o y February 7, 2008 Map 1908 CONSULTANT SELECTION 2008 2009 OVERLAY REPAIR PROGRAM David Evans W H Associates Pacific KPG Project Manager 1 1 1 Pavement Design Rehabilitation Repair Expertise 2 2 1 Agency Overlay Program Management 1 1 1 Tukwila Overlay Program Knowledge 2 1 1 Pavement Management System Experience 2 2 1 Expertise Using Federal Funds 1 1 1 TOTALS 9 8 6 For each category, highest score is 1 (with the lowest or worst score at 4) Consultant with the lowest score is ranked the best. P:IPROJECTS'A- RW RS Projects108RWO1 2008 Overlay Repair12008 consel ECP 753 9th Acer.V Seattle, WA 981 Fax 1 206 56.16.3 SEA1 1 LE TACOMA phone 12C61861t ENGINEERS ARCHITECTS La.NDSCAPE ARCHITECTS is SURVEYORS fm! i February 6, 2008 Mr. Robin Tischmak, P.E. City of Tukwila Department of Public Works 6300 Southcenter Blvd. Tukwila, WA 98188 Re: 2008 Overlay Program Dear Robin, KPG is pleased to submit to you the attached scope of work and hour and fee estimate for the referenced project. The work scope includes preparation of plans, specifications and estimates for the 2008 overlay program (Up to 12 sites total), construction support for Interurban Avenue, and update of the Pavement Management Program by Pavement Engineers, Inc. Our total estimated fee for this work is $89,561.60 and we are ready to begin immediately upon your notice to proceed. We look forward to working with you on this project. Please feel free to contact me at 206 -267- 1052 if you should have any questions or would like to discuss this proposal. Very Truly Yp i Nelson Davis, P.E. Principal 6 CONSULTANT AGREEMENT FOR ROADWAY DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and KPG, Inc., hereinafter referred to as the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform roadway design services in connection with the project titled 2008 Overlay Program 2_ Scope of Services. the Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies 3_ Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 365 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City 4 Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $89,561 60 without express written modification of the Agreement signed by the City. B. the Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof; payment shall be made to the Consultant in the amount approved_ C Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments Copies shall be made available upon request. 5 Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not the Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6 Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement_ 7_ Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties_ Ihis paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees_ 8_ Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000 Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement_ 9 Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 2 be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant_ 10_ Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract_ For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee 11_ Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies 12. Assignment. the Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 11 Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision 14. Termination. A.. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City_ This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses 15 Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG, Inc_ 753 9th Avenue N. Seattle, WA 98109 17. Integrated Agreement. Ihis Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral This Agreement may be amended only by written instrument signed by both the City and the Consultant.. DATED this day of 2008 CITY OF IUKWILA CONSULIANT By: Jim Haggerton, Mayor Fels n Davis Principal Title: Attest/Authenticated: Approved as to Form: Jane E. Cantu, CMC, City Clerk Office of the City Attorney 4 Exhibit A City of Tukwila 2008 Overlay Program Scope of work February 6, 2008 TASK 1 2008 OVERLAY PROGRAM The Consultant shall prepare final Plans, Specifications and Estimates for the following overlay projects: Commercial Roadways: Frager Road: Localized leveling near slough at creek crossing Southcenter Parkway Klickitat to Nordstrom signal, northbound inside lane maintenance Airport Way Northbound Ramp from Boeing Access Road E. Marginal Way Boeing Access Road to Sound Transit Project E. Marginal Way Boeing Access Road to Norfolk S. 130 Place South of S 129 Street as budget allows Residential Roadways: S 131 Place Localized leveling east of Macadam Road S 132 Street 32 Avenue S to 34 Avenue S S 140 Street 53` Avenue S to 55 Avenue S S 139 Street Tukwila International Boulevard to 42n Avenue S S 140 Street Tukwila International Boulevard to 42 Avenue S S 137 Street West of Macadam as budget allows The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to complete final bid documents. 40 copies of the final bid documents will be provided to the City for bid advertisement. Interim review submittals (10 copies) will be prepared at the 50% and 90% stage of plan completion. The Consultant shall also prepare the bid tabulation, check low bidder(s) references, and provide a recommendation for award to the City. Permitting, environmental documentation, geotechnical review, or stormwater detention and water quality have not been included in this scope and estimate. Projects will be bid as a single bid package as budget allows. Projects may be re- prioritized or deferred to a future overlay program based on available budget and other considerations. Detailed estimates will be prepared at the 50% design to determine the final projects to be included in the 2008 Overlay Program. TASK 2— INTERUBAN AVENUE CONSTRUCTION SUPPORT The Consultant will attend the pre- construction meeting, provide field observation services, and prepare pay estimate for construction of the Interurban Avenue Overlay. It is anticipated that construction will last 3 working days and will be completed in February, 2007. TASK 3 PAVEMENT MANAGEMENT SUPPORT An allowance of $15,000 is included to provide support and upgrades to the City's pavement management system. This work will be performed primarily by Pavement Engineers, Inc. under subcontract to the Consultant. KPG 1 of 1 2008 Overlay Program 44. (O N V' V' sr •ct Cr '4Y d Cr sr O I N Cr co O O d• 1 a 0 O O O O O p i'll!0; tf) M M V' ct M co M M M O) OD N O N O I Cr V I (O O N N CD N to N OD O (D O CO CO CO (D CO O 0- M to I` O O 0:1011 O to N O N N CO MMh �ti M CO N 0- CV V N SO MIMnt0M NON r p C to M O CO co er V co 0o co d_ et et co d' (o t- N V_t0 co V co P� N O N to 7 F L N N r s— r N c- 1 r N N CO 0 '7s CO c) r to N tO t.. 0 LL CO v C F- W 69 AA/ EA) Ef} EH EA ER 69 09 11) if/ EA 69 EH EA EA EA 69 EFT Era EA 69 I E0 En. ER EA 164 E.9 EA d U'� t I I b U co I a O OD O O 0 0 0 0 0 0 O O O 0 0 0 0* t o N O O Cr yr V cr I 0 69 1 1 1 .11.. 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U N 0 c O tll IL�QLLI IlJ CO (O(�?E/1 En�� N d 0-2 N d 0) 0 O o Q a 0 a a E Q E co cp E .E Z c o= d mk a) c o 0I• a co h c» a 0- CJ 0..10_ N Q iilala 0_ Cr w EC 0 X Y r N M <f to CO I Is- Y Nicol Y Q O s c r r- p C CSI R M1 N N �Ir I a F t I 1- I I I- 0 888 G 8q 00 k 2 %f 00 *a o f aka 0 .).8.4 k 13 ee_ em_ ee_ _Q, I- CO CV I.13 x k \k 0 co CO 0 k 0 0 E 0 c w f c cm E e a E 0 7 E I t- 2 e 0 o a f t t e 0 2 e «m ¥c 2o LLI al .co a- o Ee o14 LL »S 2aE/ CI 0 o 23cc k §3k 2 2 a e m 3 a. t o cc 0 7 k 1 a co CO CO r. �t� w zy City of Tukwila N Transportation Committee 196-8.. soa TRANSPORTATION COMMITTEE Meeting Minutes February 12, 2008 5:00 p.m. PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Jim Morrow, Bob Giberson, Frank Iriarte, Robin Tischmak and Kimberly Matej CALL TO ORDER: Committee Chair Linder called the meeting to order at 5 :01 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2008/2009 Overlay Program Consultant Selection and Agreement Staff is seeking full Council approval of KPG, Inc. as the design consultant for the 2008/2009 Overlay Programs and authorization for the Mayor to enter into a contract with said consultant in the amount of $89,561.60. KPG, Inc. was selected from three consultants who provide pavement and overlay design and pavement management. KPG, Inc. has provided services for the City in the past. Their past work has met staffs expectations. The consultant contract with KPG, Inc. is for 2008 design work; however, when estimated project costs exceed the 2008 budget, the projects will automatically be delayed and included in the 2009 Overlay Program. Additionally, in order to advertise in early 2009 for the Overlay Program, work must begin in the 4 quarter of 2008. The City's annual investment in the overlay program is approximately $1 million. This pavement management system evaluates the status of all the streets in order to fulfill the City's self-imposed maintenance requirement. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW MEETING FOR DISCUSSION. B. Museum of Flight Pedestrian Bridge Airspace Lease Staff is seeking full Council authorization for the Mayor to enter into a lease agreement with the Museum of Flight for airspace required for a pedestrian bridge. The Museum of Flight intends to construct a pedestrian bridge over East Marginal Way. This bridge will offer a non traffic walkway for Museum visitors. The Museum received a Federal Transit Grant to assist in paying for this safety project. Since the bridge will encroach in the airspace over East Marginal Way, law requires the City to charge a fair market value for the space as well as outline an agreement for use. Staff has negotiated an agreement for use, and will charge $1,200 annually for the lease. Additionally, the City will impose the same requirements on the Museum that are set for bridge requirements. The pedestrian bridge will be inspected every two years, resulting in a formal report, and all required repairs will be made at the Museums' expense. Bridge construction will begin shortly. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW MEETING FOR DISCUSSION. III. ANNOUNCEMENTS No announcements. W. MISCELLANEOUS Meeting adjourned at 5 :38 p.m. Next meeting: Monday, February 25, 2008 5:00 p.m. Conference Room 1 P.SL Committee Chair Approval Minutes by KAM. Reviewed by BG. r Co UNCIL AGENDA SYNOPSIS 4; AI! s Z; brawls IJ b'M No. 3 I Meeting Date Prepared by 1 Mayor's review Council review I z 2 1 02/25/08 1 BG Chr �L4-4 I 190E 1 1 I I 1 1 I 4_ ITEM INFORMATION CAS NUMBER: 08-029 f ORIGMIAL AGENDA DATE: FEBRUARY 25, 2008 AGENDA ITEM TITLE Museum of Flight Pedestrian Bridge Airspace Lease CATEGORY Discussion M A/lotion Resolution [1 Ordinance Bid Award Public Hearing Other Mtg Date 02/25/08 A'Itg Date 03/03/08 Mtg Date Mtg Date Mtg Date ibltg Date Mtg Date SPONSOR Council Ma Adm Svcs DCD Finance Fzre Legal PeR Police PI SPONSOR'S Approve airspace lease with the Museum of Flight for their new pedestrian bridge to be SUMMARY built over East Marginal Way South by the end of 2008. REVIEWED BY COW Mtg. CA &P Cmte (l F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 02/12/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve airspace lease with Museum of Flight. CoNBEI 'tE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 02/25/08 MTG. DATE 1 ATTACHMENTS 02/25/08 1 Information Memo dated February 7, 2008 Exhibit A Airspace Lease Vicinity Map /Legal Description Drawing No. A200 I Transportation Committee Meeting Minutes from February 12, 2008 I INFORMATION MEMO To: Mayor Haggerton From: Public Works Directoy Date: February 7, 2008 Subject: Museum of F1ieht Pedestrian Bridge Airspace Lease ISSUE Approve an air space lease with the Museum of Flight. BACKGROUND The Museum of Flight has applied for a permit to construct a pedestrian bridge over East Marginal Way, just north of So. 94 Pl. Their application and plans have been reviewed and they will soon be sent a correction letter for a few minor revisions. The Museum of Flight was successful in receiving a Federal Transit Grant to help pay for this safety project. The bridge construction may begin as soon as March or April and be substantially completed this year. Both ends of the bridge have foundations on private property; however the bridge will encroach in the airspace over East Marginal Way. The law requires that public agencies charge a fair market value with an agreement for the use of the airspace, as long as the space isn't needed. The attached airspace lease has been reviewed by the City Attorney and will guarantee that the bridge is inspected, maintained, repaired and insured, and that it will create minimal risk to the City. RECOMMENDATION Authorize the Mayor to sign. Attachments: Exhibit A Airspace Lease Drawings P :\BOB \TC UC\Info Memo MOF Air Space Lease.doc Airspace Lease Page 1 0 1 043- 0 02 8/LEGAL13 896734.1 Recording No. After recording return original to: The Museum of Flight Foundation 9404 East Marginal Way South Seattle, WA 98108 AIRSPACE LEASE THIS AIRSPACE LEASE is entered into between the CITY OF TUKWILA, a Washington municipal corporation "City and the MUSEUM OF FLIGHT FOUNDATION, a Washington non profit corporation "Museum WHEREAS, the Museum and King County have entered into an agreement for the Museum to construct, among other things, a pedestrian bridge over East Marginal Way South, which will provide improved pedestrian access to the Museum's buildings on either side of East Marginal Way South, as well as, provide improved access for the general public to cross East Marginal Way South; and WHEREAS, the portion of East Marginal Way South over which the Museum will construct the pedestrian bridge is a major arterial located in the City of Tukwila; and WHEREAS, the use of space located over public roadways may be governed by an executed airspace lease; and WHEREAS, the City is the appropriate entity to grant such an airspace lease to the Museum, and; WHEREAS, the City is willing to grant such an airspace lease to the Museum. Now, therefore, THE PARTIES AGREE AS FOLLOWS: 1. GRANT OF RIGHT TO USE AIRSPACE. The City finds the placement of the pedestrian bridge in the airspace above East Marginal Way South will not interfere with the use of the highway as a public right -of -way. It is in the best interest of the City to permit the Museum to so use the airspace. In the judgment of the City, the use of the airspace will not be inconsistent with the public purposes for which they were intended. In consideration for the mutual benefits to the parties and the terms and conditions of this airspace lease, the City grants to the Museum the right to use that portion of the airspace over East Marginal Way South between King County Parcel Numbers 3324049019 and 5624201034 that is needed for the placement of a pedestrian bridge as approved by the City and as illustrated in the attached Exhibit A. This lease is P•\BOB\TC UC\MOF Air Space Lease.doc EX 1 g,1T Airspace Lease Page 2 01043 -0028 /LE0AL13896734.1 limited to the air space used by the bridge and does not include any air space above or below the bridge. 2. TERM OF AIRSPACE LEASE. The initial term of this airspace lease "Lease shall be fifteen (15) years, COMMENCING ON THE DATE OF EXECUTION OF THIS LEASE BY THE CITY "Commencement Date 3. RENEWAL. This Lease may be renewed by the parties for an additional fifty (50) periods (two -year "Renewal Period Provided that: (A.) the MUSEUM is not in default and has not been in default during the term of this Lease; (B.) there is no public need for the leased space; (C.) MUSEUM's continued use under this LEASE does not impair the safety or operation of the CITY's highway or right -of -way, as solely determined by the CITY; (D.) the terms and conditions of this LEASE conform to then existing City policies or practices, state laws, City regulations and contracts, or provided the MUSEUM is willing to amend this LEASE to bring it into compliance with such policies, practices, laws, regulations and contracts; and (E) the Museum agrees to maintain insurance in an amount that at a minimum meets the insurance amounts specified in Tukwila Municipal Code 11.08.100(A)(1), or as amended. Subject to the conditions set forth above, each additional term shall be on the same terms and conditions as set forth in the Lease, except as reflected in any written amendment(s) signed by both parties. The MUSEUM shall give notice of its intent to renew this Lease for an additional teiiii at least ninety (90) days, but not more than six (6) months, prior to the expiration of this Lease, or any extension thereof. 4. COVENANTS BY THE MUSEUM. A. Construction of Pedestrian Bridge. The Museum shall construct and maintain the pedestrian bridge in accordance with the approved permit documents, as submitted to the City. Lighting and all appurtenance entrances, stairways and structures shall conform to all applicable city codes. B. Maintenance. 1. The Museum shall perform or cause to be performed at its sole expense all inspection functions, maintenance, and repairs that shall include, but are not Limited to, keeping the pedestrian bridge, the access route, and impacted public right -of -way in good condition, both as to safety and appearance, to the satisfaction of the CITY. All inspections, maintenance, and repairs shall be done in accordance with the WSDOT Washington State Bridge Inspection Manual (Manual Number M 36 -64), available for free online at: httrr/Aww.wsdot.wauov /publications/ manuals/ fulltext/m36- 64/BridQelnsoection ndf P:\BOB \TC UC\MOF Air Space Lease.doc Airspace Lease Page 3 01043 -0028 /LEGAL13896734.1 2. The MUSEUM agrees that it is additionally responsible for the following specific maintenance and operational items, at its sole expense, without further liability to the CITY: Graffiti removal upon all real and personal property subject to this Lease. The Museum shall in no way interfere with any highway operations or traffic flow on E. Marginal Way when removing graffiti. Litter control on an as needed basis. Sweeping of the pedestrian bridge on an as needed basis; and Removing and disposing of unauthorized signs, banners, etc. from the pedestrian bridge. C. Public Access. The Museum hereby acknowledges that there shall be a nonexclusive right of pedestrian access by the public for the purpose of moving to and from either side of East Marginal Way South during the hours of bridge operation, which shall be determined by the Museum. D. Insurance. The Museum shall procure and maintain for the duration of the Lease, insurance against claims for injuries to persons or damage to property arising out of or in connection with any acts or activities related to this Lease. Such insurance shall be combined single -limit coverage of not less than two million dollars ($2,000,000.00) naming the City as an additional insured and shall include a provision prohibiting cancellation or reduction in the amount of said insurance except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Lease. E. Waiver of Subrogation. The Museum hereby releases and discharges all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the pedestrian bridge. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. F. Indemnification. The Museum, its successors and assigns, will protect, save, and hold harmless the City, its authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Museum, its assigns, subtenants, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities related to this Lease. The Museum further agrees to defend the City, its agents or employees, in any litigation, including payment of any costs or attorney's fees, for any claims or actions commenced, arising out of, or in connection with acts or activities related to the Lease. The Museum expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided P:\BOB \TC_UC\MOF Air Space Lease.doc Airspace Lease Page 4 01043- 0028/LEGAL13896734,1 for in this paragraph extends to any claim brought by or on behalf of any employee of the Museum. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Museum, its officers, agents, and employees. G. Rules and Regulations. The Museum will maintain the pedestrian access route and may adopt reasonable rules and regulations for the use of this space; provided that the rules and regulations are not in conflict with the right of pedestrian access and are consistent with this section. The Museum agrees that it will abide by all applicable local, state and federal laws, rules and regulations in the operation of the pedestrian bridge. The Museum further agrees that it will adequately maintain and safely operate the pedestrian bridge, as reasonably determined by the City. 5. COMPENSATION. The MUSEUM covenants and agrees to pay rent for the Leased Air Space to the CITY in advance annually, on or before the 1 day of each January during the entire term of this Lease. Rent shall be paid at the initial rate, subject to adjustment as hereafter provided, of Twelve Hundred Dollars 1,200.00) per year, payable at the address designated under Section 7. In no event shall the rent be less than this initial amount. 6. RENT ADJUSTMENTS. The CITY may, at its option, adjust the annual rent every year by the percentage change that occurred during the preceding calendar year in the U.S. Consumer Price Index for All Urban Consumers (U.S. CPI -U), using the data as published by the United States Department of Labor's Bureau of Labor Statistics, or its successor. The CITY shall give not less than thirty (30) days prior written notice to the MUSEUM that a Rent Adjustment has been made. This notice shall include the amount of the adjusted Rent and the date the new Rent is to become effective. 7. RENT PAYMENTS PAYABLE TO: City of Tukwila Attn: Finance Director 6200 Southcenter Blvd. Tukwila, WA 98188 8. RIGHT TO NOT BUILD/RIGHT TO REMOVE STRUCTURE. This airspace lease does not obligate the Museum to construct the pedestrian bridge. Furthermore, the Museum shall have the right at any time to remove the pedestrian bridge at its expense. If the Museum elects to do so, it shall leave the airspace and right -of -way free and clear of all buildings, structures or encroachments. Upon removal of all P:\BOB \TC UC\MOF Air Space Lease.doc Airspace Lease Page 5 01043 0028/LEGAL13 896734.1 buildings, structures, and encroachments, the Museum's obligations under this airspace lease shall cease. 9. TERMINATION BY CITY. The CITY may terminate this Lease, without penalty or further liability as follows, subject to applicable laws and regulations: a. Upon not less than thirty (30) days prior written notice to the MUSEUM, if MUSEUM fails to inspect, maintain, and/or repair the pedestrian bridge in a safe and satisfactory manner approved by the CITY; b. Upon not less than thirty (30) days prior written notice to MUSEUM, if MUSEUM fails to cure a default for payment of amounts due under this lease within that thirty (30) day period; c. Upon not less than thirty (30) days prior written notice to the MUSEUM, if there is a public need for the leased space; d. Immediately if the MUSEUM's continued use under this lease causes an impairment to the safety or operation of the CITY's highway or right -of- way, as solely determined by the CITY; e. Upon not less than thirty (30) days prior written notice to the MUSEUM, if MUSEUM defaults, other than for non payment of rent, and fails to cure such default within that thirty (30) day period, or such longer period, as may be reasonably determined by the CITY, if MUSEUM is diligently working to cure the default; or f. Immediately, upon written notice, if the CITY is required by court order, by legislative action, or by a governmental agency having jurisdiction to take some action, which would effectively prohibit the MUSEUM's use of the Leased Airspace. 10. EFFECT OF TERMINATION. Upon termination of this Lease, the Museum shall remove the pedestrian bridge at the Museum's expense. In the event the Museum fails to do so, the City may, at the Museum's expense, remove and dispose of the pedestrian bridge as it deems appropriate, subject to applicable laws and regulations. The Museum shall reimburse the City for all expenses incurred in such removal and disposal within thirty (30) days of the date of the City's invoice for such costs. 11. SIGNS, DISPLAY LIGHTS, ADVERTISING MATERIALS. Signs, display lights, or advertising media/materials are not permitted on the pedestrian bridge. 12. SUCCESSORS AND ASSIGNS. The Museum will not, in whole or in part, assign this airspace lease (other than for security purposes) without prior written consent of the City, which consent shall not be unreasonably withheld; provided, however that notwithstanding the foregoing, the Museum shall be entitled to assign its rights and interests under this airspace lease, P:\BOB \TC_UC\MOF Air Space Lease.doc Airspace Lease Page 6 01043- 0028/LEGAL13896734.1 without the consent of the City, to King County if required pursuant to the terms of that certain Museum of Flight Pedestrian Bridge and Other Transportation Facilities 2006 Funding Agreement between the Museum and King County, and the rights and interests granted herein shall run with such real property. Any assignee shall be required to assume and fulfill all obligations of the Museum under this airspace lease arising after the date of such assignment. 13. RECORDATION. This airspace lease shall be recorded by the Museum with the King County Division of Records and Elections. Upon recording, the original document shall be returned to the City. 14. PARTIAL INVALIDITY. If any portion or provision of this airspace lease is held invalid that materially modifies the terms and conditions of this Lease and results in a detrimental change in circumstances or a material hardship for either party in performing this Lease, either party may request to renegotiate this Lease and the other party agrees to renegotiate fairly with the requesting party, otherwise the validity and enforceability of the remainder of this airspace lease shall not be affected. 15. 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. CITY OF TUKWILA Date: Jim Haggerton, Mayor MUSEUM OF FLIGHT FOUNDATION By Date: Printed Name: Title: P•\BOB \TC_UC\MOF Air Space Lease.doc Vicinity Map 0 "sei.-',t'-,�. 14;1 ..g ,`1 x r: I C 4' s c, ,2e. ti i Parcel No. 5624201034 t No. 3324048019 1 Y is :t:= T "a.' i r a\ j S T' I f \ICI t„ C) A -4 v.,. :2: -2 lk Insa /y yF i r G ar ty ,'t i i i /�j s eta; ���ll}! 1 ji� V 1 tL 1 'fit- •.t e 4 `ti�.�. y T c N .a IN. t s• l 9- ,i1:-*•• 00",..." 's i-... ki;,•, 1 :c -4 s Prolsct Sit F u 'Vt -,er,„, 11fr s V*: "'s Legal D escription mil,.. 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S to v 2 1 a 3 i i� t4V7� _._2 t ill i mi 0-- a LA ,,4,4-e. 4o I 1 1e 4 f i 1 o J i4 f� t i VA .ii Ike a 1 k i i v 14 r' N 3; L i'; t- -A 4100 i i i ll t 4 r "`5 40 1 it 41 -mil A s ue ,1' ��gti i t::--11- j k IN t O "I r t 1 4 d- i 74t —taco a t r� I Vi n t Via �4 4t a t'i' T# t A iv &..i i3rgr ro =L 4 t 1 3? T i Est 3 Yt r 1' ;t fl 74: V ~4� Y Tt s +2: rt s dP 4' t_ 1 �G4�Y Y t voti 4 ♦t► 14 4 411 E \ill% ti.. te....z._ iti tt It era i City of Tukwila 1 i o ui 0 i°�'� Transportation Committee 19 TRANSPORTATION COMMITTEE Meeting Minutes February 1Z, 2008 5:00 p.m. PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff Jim Morrow, Bob Giberson, Frank Iriarte, Robin Tischmak and Kimberly Matej CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:01 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2008/2009 Overlay Program Consultant Selection and Agreement Staff is seeking full Council approval of KPG, Inc. as the design consultant for the 2008/2009 Overlay Programs and authorization for the Mayor to enter into a contract with said consultant in the amount of $89,561.60. KPG, Inc. was selected from three consultants who provide pavement and overlay design and pavement management. KPG, Inc. has provided services for the City in the past. Their past work has met staffs expectations. The consultant contract with KPG, Inc. is for 2008 design work; however, when estimated project costs exceed the 2008 budget, the projects will automatically be delayed and included in the 2009 Overlay Program. Additionally, in order to advertise in early 2009 for the Overlay Program, work must begin in the 4 quarter of 2008. The City's annual investment in the overlay program is approximately $1 million. This pavement management system evaluates the status of all the streets in order to fulfill the City's self-imposed maintenance requirement. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW MEETING FOR DISCUSSION. B. Museum of Flight Pedestrian Bridge Airsoace Lease Staff is seeking full Council authorization for the Mayor to enter into a lease agreement with the Museum of Flight for airspace required for a pedestrian bridge. The Museum of Flight intends to construct a pedestrian bridge over East Marginal Way. This bridge will offer a non traffic walkway for Museum visitors. The Museum received a Federal Transit Grant to assist in paying for this safety project. Since the bridge will encroach in the airspace over East Marginal Way, law requires the City to charge a fair market value for the space as well as outline an agreement for use. Staff has negotiated an agreement for use, and will charge $1,200 annually for the lease. Additionally, the City will impose the same requirements on the Museum that are set for bridge requirements. The pedestrian bridge will be inspected every two years, resulting in a formal report, and all required repairs will be made at the Museums' expense. Bridge construction will begin shortly. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW MEETING FOR DISCUSSION. III. ANNOUNCEMENTS No announcements. IV. MISCELLANEOUS Meeting adjourned at 5:38 p.m. Next meeting: Monday, February 25, 2008 5:00 p.m. Conference Room 1 F S L- Committee Chair Approval Minutes by KAM. Reviewed by BG. COUNCIL AGENDA SYNOPSIS S Initials ITEM NO. 0 1 1 4 1 I x 1 by l Mayor's I Meeting Date Prepared b 11�Ia •or's remezv until review 1 02/25/08 1 BG qt �t Lt3- 1 V I 1 1 1 ITEM INFORMATION CAS NUMBER: 08-030 I ORIGINAL AGENDA DATE: FEBRUARY 25, 2008 AGENDA ITEM TITLE Strander Boulevard Extension Project. Interlocal Agreement with the City of Renton. CATEGORY Discussion Motion Resolution Ordinance I 1 BidAward Public Hearing Other Mtg Date 02/25/08 A'Itg Date 03/03/08 tbftg Date Mtg Date tg Date tVltg Date iVltg Date SPONSOR Council Major Adra Svcs DCD Finance n Fire Legal PeR Police ®PW SPONSOR'S Approve Interlocal Agreement (ILA) with the City of Renton for the Strander Boulevard SUAMIARY Extension Project. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1'& 1/15/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Interlocal Agreement. COMM1I fEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED A'MIOUNT BUDGETED APPROPRIATION REQUIRED $2,801,000.00 $2,801,000.00 Fund Source: 104.02 Commercial Streets Strander Blvd. Ext. (page 50, 2008 CIP) Comments: MTG. DATE I RECORD OF COUNCIL ACTION 02/25/08 I MTG. DATE ATTACHMENTS 02/25/08 Information Memo dated "February 19., 2008 Interlocal Agreement Attachment 1: funding Attachment 2: vicinity map Transportation Committee Meeting Minutes from January 15, 2008 INFORMATION MEMO To: Mayor Haggerton From: Public Works Director arm Date: February 19, 2008 Subject: Strander Boulevard Extension Project Project No. 86 -RWO3 Interlocal Agreement with the City of Renton ISSUE Approve the Interlocal Agreement (ILA) with the City of Renton for the Strander Boulevard Extension Project. BACKGROUND In 1986, as part of a reciprocal annexation agreement, the Cities of Renton and Tukwila agreed to cooperate with each other to ensure the construction of the Strander Boulevard/SW 27 Street Improvements and the SW 43` Street/South 180 Street Grade Separation Project. Strander Boulevard currently extends from Southcenter Parkway on the west to SR 181 (West Valley Highway) on the east. The project will extend Strander Boulevard across both the Union Pacific Railroad (UPRR) and Burlington Northern Santa Fe (BNSF) railroad tracks, across the Boeing Longacres site, and connect to existing SW 27 Street at Oakesdale Avenue. The project as a whole includes the existing SW 27 Street in Renton all the way to East Valley Highway, but this ILA between the two cities covers only the segment from West Valley Highway (SR 181) and Oakesdale Ave. The City of Renton has prepared a project definition report that selected an alternative for construction. Subsequently, Renton contracted with Perteet Engineering to provide a 30% design of the roadway and the associated railroad relocations and railroad bridges. The City of Renton has invested $1,178,659 in the corridor to date and has a remaining 2007 budget of $870,312 to continue the 30% design work through the end of the year. The City of Renton has been aggressively pursuing funding for Strander Boulevard. So far, they have received federal grants of $5,690,563.00. The City of Renton has also negotiated with Boeing to dedicate right -of -way needed for the project at a value of $2,500,000. The Freight Mobility Strategic Investment Board (FMSIB) has awarded $4,000,000 to the Strander Boulevard Project for construction, pending future legislative funding (all project grants are summarized in Attachment 1 to the ILA). P: \PUBWORKSWRO)ECTS\A- RV/ RS Projects \?knv03 stmdr ext\Info Memo Renton ILA Strander Bivd.doc Mayor Haggerton Page 2 February 19, 2008, 2008 WSDOT traffic projections show that Strander Boulevard will carry 46,000 vehicles per day in the year 2030 (with the direct HOV connection to SR 167), and 20,000 vehicles per day in 2015 (without the direct HOV connection to SR 167). The SW 27 167 Interchange is included in WSDOT's long term plan. The completion of the route will provide significant traffic relief to S 180 Street and Grady Way, and will also relieve some traffic from I -405. The total project is estimated to cost approximately $52 million with $23 million for Phase I and $29 million for the bridge construction. This includes the UPRR rail relocation and the roadway/bridge from West Valley Highway to Oakesdale. The next phase of the work will be the relocation of the UPRR tracks during 2008 -2010. ANALYSIS The City of Renton is requesting that the City of Tukwila commit City funding in the Transportation Improvement Program (TIP) and Capital Improvement Program (CIP) for Strander Boulevard. Attached is the City of Tukwila 2008 -2013 CIP page for the Strander Blvd Extension Project. It is anticipated that this action will strengthen grant funding requests for the project. RECOMMENDATION Approve the Interlocal Agreement with the City of Renton for the Strander Boulevard Extension Project. Attachments: Interlocal Agreement with the City of Renton Attachment 1: Funding Attachment 2: Vicinity/Phasing Map 2008 CIP Page Strander Blvd Extension Project P: \PUBWORKS\PROJECfS\A- RW RS Projects \8brw03 stmdr ext \Info Memo Renton ILA Strander Bhd.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND THE CITY OF TUKWILA REGARDING PARTICIPATION IN THE SW 27TH STREET/ STRANDER BLVD. EXTENSION PROJECT THIS AGREEMENT is made and entered into by and between and the City of Renton,( "Renton and the City of Tukwila, "Tukwila This Agreement is made for the purpose of performing the planning, design, acquisition of necessary property, and construction of improvements to the SW 27th Street/Strander Blvd. Extension Project between West Valley Highway (SR -181) and Oakesdale Ave. SW "Project RECITALS A. Part of the Project is within the City of Renton and part of the Project is within the City of Tukwila. B. The cities of Renton and Tukwila have both identified the need for extending Strander Blvd./ SW 27th Street to connect to Oakesdale Avenue South to provide an additional east/west arterial connection between the cities. C. It is in the best interest of Renton and Tukwila to estabhsh a lead agency to manage this Project and to provide for the design, environmental review, property acquisition and construction of the Project. D. Renton and Tukwila are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative agreement of this nature. NOW, THEREFORE, Renton and Tukwila agree as follows: AGREEMENT 1. SCOPE OF WORK This Project will extend Strander Blvd./ SW 27th Street between West Valley Highway (SR -181) and Oakesdale Ave. SW in order to provide a new east /west arterial connection between Renton and Tukwila. This project will provide a hnk between Strander Boulevard and SW 27th Street, including grade separated crossing of the UPRR and BNSF railroads and access to the Sound Transit commuter rail station. P:\PUBWORKS\PROJECTS\A- RW RS Projects \86rw03 strndr ext \Tukwila Strander ILA 11- 6- 07.doc 2. TERMS AND CONDITIONS 2.1 Renton shall be the lead agency for the Project with regard to design, environmental review, obtaining right -of -way and other property, if needed, construction and all other matters pertinent to accomplishment of the Project. 2.2 Renton shall be responsible for the advertisement and selection of engineering and other design consultants as necessary for the completion of the engineering design. 2.3 Renton shall be responsible for coordinating the public information and involvement effort in both Cities. Tukwila shall be given the opportunity to attend and participate m any public meetings. 2.4 Renton shall provide to Tukwila the necessary permit applications for the construction of that portion of the Project withm Tukwila's jurisdiction. 2.5 The parties to this Agreement shall appoint a contact person or persons to act as liaison for the Project. These contact persons will meet on an "as needed" basis to provide guidance for the Project and serve as a coordination body between the two agencies. 2.6 Renton will provide 70 and 95 percent plans and specifications to Tukwila for review. Tukwila will provide written comments, if any, to Renton within the shortest time possible (goal: 30 days or less) after Tukwila receives the plans and specifications. 2.7 Renton shall be responsible for the acquisition of all property necessary for the Project. Tukwila agrees to cooperate in Renton's efforts to acquire property that lies within Tukwila's portion of the Project area. Any eminent domain proceedings which are instituted as a result of this agreement in either Renton's boundaries or Tukwila's boundaries will be funded by the Project. 2.8 Tukwila hereby grants Renton right -of -entry into the incorporated limits of Tukwila for the purpose of performing any and all tasks necessary to complete the Project. 2.9 The final acceptance of the Project design shall be by Renton after review by Tukwila. P \PUBWORKS\PROJECTS\A- RW RS Projects \86rw03 strndr ext \Tukwila Strander ILA 11-6-07.doc 3. CONSTRUCTION CONTRACT BIDDING 3.1 Renton shall perform project planning, provide a project definition and prepare the contract bid documents for the Project. 3.2 Renton shall advertise the contract in the official legal publication for the City of Renton and, if necessary, other newspapers to provide the widest possible coverage commensurate with the size of the Project. 3.3 Renton will provide to Tukwila a copy of the plans and specifications advertised for bid. 3.4 Renton will open the bids. Renton will notify Tukwila of the time and date of the opening of the bids, which will be approximately five to six weeks after the Project is advertised. Tukwila may, but need not, attend the opening of the bids. 3.5 Renton will tabulate the bids. Renton shall provide a dated, verified copy of the bid tabulations to Tukwila. The bid tabulations will identify the estimated construction, inspection, and overhead cost, based upon the lowest responsible bid. 3.6 Renton shall award the contract to the lowest responsive, responsible bidder for the total Project, subject to applicable laws and regulations. 4. CONTRACT ADMINISTRATION 4.1 Renton shall provide the necessary engineering, administrative, inspection, clerical and other services necessary for the execution of the Project. In providing such services within Tukwila, Renton's Planning/Building/Public Works Administrator may exercise all the powers and perform all the duties vested by law or ordinance in the City of Tukwila Engineer or other Tukwila officer or department charged with street administration. 4.2 Renton will at all times keep Tukwila advised as to the progress of the Project, and shall not order or approve any changes in the approved Project design that substantially change the nature of the Project within the limits of the City of Tukwila without first consulting with and gaining the approval of Tukwila. P BNORKS\PROJECTS\A- RW RS Projects \86rw03 stanch est \Tukwila Strander ILA 11- 6- 07.doc 4.3 Prior to Project completion, both parties shall perform a mutual final inspection of the Project. Tukwila may provide a written deficiency list to Renton within ten working days after the final inspection. The contractor will complete only construction deficiencies that comply with the contract specifications. Final Project acceptance will be by Renton's Planning/Building/Public Works Administrator. 5. OWNERSHIP AND MAINTENANCE 5.1 Relocated water and sewer utilities in Tukwila currently owned and operated by Renton will remain City of Renton facilities and Renton will assume ownership and maintenance after final contract acceptance by the City of Renton. 5.2 The cities will own and maintain Project facilities within their respective political boundaries after project acceptance. Accordingly, stormwater detention will be m Tukwila's ownership and maintenance responsibility. Wetland mitigation will be in Renton's ownership and maintenance responsibility. The new SW27 /Strander Blvd. roadway will be owned and maintained by each city within its political boundaries. 6. COST SHARING Phase 1 This section provides for the sharing of costs by the two parties for the purpose of performing the planning, design, appraisals, acquisition of necessary property, and construction of improvements to the SW 27th Street /Strander Blvd. Extension Project between West Valley Highway (SR -181) and Oakesdale Ave. SW. The project as described above has two phases, shown in Attachment 2: Phase 1 includes all the ROW, road construction, retention of a Longacres Way access through the railroad embankment, and relocation of the UPRR tracks (including utility relocation); Phase 2 includes the construction of the bridge itself (overcrossing), and access to the bridge including the main approaches. It is anticipated that the parties will move ahead with Phase 1 with the costs shown in Attachment 1. Attachment 1 is illustrative in the sense that it includes some actual costs and grants and also estimated future expenditures and potential additional grants. The final cost table would likely be different than the attachment included in the agreement in 2007. The following applies to Phase 1: 6.1 For the purpose of this project, "local funding" shall mean the value of city funds (including mitigation fees used for the project), construction of any part of the project by other entities as part of mitigation requirements, city -owned property, and present value P:\PUBWORKS\PROJECTS\A- RAP RS Projects \86rw03 strndr ext \Tukwila Strander ILA 11- 6- 07.doc of ongoing and future operation and maintenance costs (including staff costs) for any created wetlands and storm water facilities contributed to the project, exclusive of funds contributed by grants, project funding partners, and costs of city staff, materials, and equipment contributed to the project. 6.2 Tukwila and Renton agree to contribute 50% of the local funding needed to plan, design, permit and build the portion of the Strander Blvd/SW 27th Street Extension Transportation Improvement project between and including the intersections with West Valley Highway and Oakesdale Ave. SW. Tukwila's contribution to the Strander Blvd. /SW 27th Street project shall include a credit of $262,622, which is the difference between T1kwila's contribution and Renton's contribution to the South 180th Street Improvement project. In addition, Tukwila's contribution will include, as part of its local share, the entire city owned property to the south of the future Strander Blvd/SW27th Street. Bridge (approximately 5.5 acres). The value of this contribution will be determined through a fair market value appraisal, which will be completed by Deeember 31 2007Ju1v 1. 2007. Appraisals will also determine the fair market values of the various properties which involved in the securing of the new UPRR Right of Way. North of Longacres Way, Tukwila will provide UPRR with the new right of way for the track relocation and receive the vacated right of way from UPRR. South of Strander Blvd., Tukwila will convey the necessary right of way to UPRR for the track relocation within the 5.5 acres owned by the city and which are credited in full value toward Tukwila's cost share. All credit will be applied to the project before any additional funds are required to be paid by Tukwila. 6.3 The parties agree to proceed on the basis of the projected revenues and expenditures shown in Attachment 1. The parties agree that their maximum respective local share will be $4.5 million each (including values of land). The parties must both agree to any bid award for Phase I whereby the net local share for each exceeds the $4.5 million local share projected in Attachment 1. Failure of a party to agree to a bid award that exceeds the $4.5 million local share per party shall suspend the project until the parties are able to secure more funding, or agree to a higher local share than $4.5 million. 6.4 The parties agree that no later than January, 2009, Tukwila will pay Renton an amount of money which will achieve an even 50/50 split of all previous expenditures made by Renton for the project as shown on Attachment 1. provided that Renton has performed P:\PUBWORKS\PROJECTS\A- RSV RS Projects \86ruw03 strndr ext \Tukwila Strander ILA 11- 6- 07.doc all work described in Section 2. Terms and Conditions. including* entering into an agreement with Union Pacific Railroad authorizing the relocation of the railroad tracks., 6.5 Subsequent to the physical completion of Phase 1 of the project, Renton and Tukwila will review the amount of local funding each party has applied to the project and determine final, reconciled local funding numbers. Renton and Tukwila shall share these numbers, along with backup proof or substantiation of these numbers as requested by the other city. 6.6 In addition to the foregoing funding to be provided to the Project by Tukwila, Tukwila will pay Renton for those requested construction changes if they are betterment changes that significantly change the scope of work of the approved construction plans. Tukwila will not be responsible for the costs of change orders that are due to unknown field conditions or design problems that are identified during the project construction. 6.7 In the event a lawsuit is instituted to enforce the payment obligations of Tukwila, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 7 Phase II The bridge and bridge approaches 7.1 The parties agree to pursue a bridge design that is affordable ($21 -25 million m 2006 estimates), and is most likely to be a concrete box girder design. The design of such a bridge shall include attractive design features of a "gateway character" in the amount of' $500,000, equally shared by each party. Either party shall have the right to exceed its stated contribution toward these special design features as long as the timing or the content of such features does not impact the cost of the basic bridge. 7.2 The parties agree to make a best effort to program $2.5 million each toward the $21 -25 million estimated cost of the bridge in the 2009 -2015 respective Transportation Improvement Programs (TIP's). The exact timing of programming these amounts in the TIP will be done so as to ensure a local match for additional external funding to be sought for the bridge. However, any decision to proceed on any aspect of the bridge will require an amendment to this agreement. P \PUBWORKS \PROJECTS \A- RSV RS Projects \86r7. stradr earl \T ukwila Strander MA 11- 6- 07.doc 7.3 The parties may agree to include some of the bridge approach costs as part of the Phase 1 project if such opportunities present themselves, and if the costs of these improvements do not change the local share as shown in Attachment 1. Any increase in local share beyond the $4.5 million as shown in Attachment 1, whether used for Phase 1 or Phase 2, has to be approved by both parties unless one party opts to pay for the other party's share beyond $4.5 million. 8. DURATION/TERMINATION 8.1 This Agreement shall remain in effect until final acceptance of the Project and payment by Tukwila of all monies due from Tukwila to Renton. 8.2 If expected or actual funding is withdrawn, reduced or limited in any way prior to the completion of the Project, either party may, with 30 days written notice to the other party, terminate this Agreement. 8.3 In the event of termination prior to completion of the Project: 8.3.1 The party requesting termination shall pay all direct and indirect phasing -out costs. 8.3.2 Termination costs payable shall not exceed the actual costs incurred as a result of termmation of the Project. 9. INDEMNIFICATION AND HOLD HARMLESS Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or personal injury arising out of the activities conducted pursuant to this Agreement. 10. DISPUTE RESOLUTION 10.1 In the event of a dispute between the parties regarding this Agreement, the parties shall attempt to resolve the matter informally. If the parties are unable to resolve the matter P:\PUBWORKS\PROJECTS\A- SW RS Projects \86rw03 strndr ext \Tukwila Strander ILA ii- 6- 07.doc informally within 30 days, the matter shall be decided by the Administrator of Planning/Building/ Public Works of the City of Renton and the City of Tukwila Public Works Director. 10.2 The parties may also agree to an alternative dispute resolution process. 11. OTHER PROVISIONS 11.1 Renton shall be deemed an independent contractor for all purposes and the employees of Renton, or any of its contractors, subcontractors, and their employees shall not in any manner be deemed to be employees of Tukwila. 11.2 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of Renton, Tukwila, or their officials, employees, agents, or representatives, to any party not a signatory to this Agreement. 11.3 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 11.4 With the exception of those facilities included m sections 5.1 and 5.2 of this agreement, each party shall retain ownership and usual maintenance responsibility for the road, drainage system, signs, sidewalk, and other property within its jurisdiction. 11.5 If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 11.6 The captions m this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. 11.7 This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. P.\PUBWORBS\PROJECTS\A- RN RS Projects \86rrc93 strndr ext \Tukwila Strander ILA 11.6.07.doc 11.8 This Agreement may be amended only by an instrument in writing, duly executed by both parties. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. CITY OF RENTON CITY OF TUKWILA Title: Title: Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: Renton City Attorney Tukwila City Attorney P'\PUBWORES\PROJECTS\A- RW RS Projects \86rr03 struck ext \TukwUa Strander ILA 11.6.07.doc Tukwila- Renton Inferfocal Agreement Attachment 1 (Cost Sharing) SW271Strander Prolect Cost Sharing Preliminary Estimates This is a compilation of past cost, and costs anticipated in 2006 -2008. No Future Bridge costs. Some costs are still planning stage with considerable contingency built in. Line EXPENDITURES 1 Project Definition Report (1992 -2006) 354,338 Completed 2 SW27 /Strander Road (2005 -07) 3,009,443 As of 5/17/07 3 ROW in Renton 5 2,500,000 Completed 4 30% Design/Track Moving Design 2,637,546 Current Contract, Perteet. As of 5/17/07 5 Saving through Wetland Bank (1,380,000) Using Springbrook Bank. 6 Tukwila 5.5 acres 800,000 Est. -2006 Appraisals needed. 7 Track Moving (2008 -9) 15,500,000 Oct. 2006 Estimate 8 9 Total Estimated Expenditures: 23,421,327 10 11 REVENUES 12 Grants S 8,600,000 FMSIB; SAFETEA -LU 13 Sound Transit: 2,300,000 (of ST 54 m., 51.7 m. is for next phase) 14 Urban Mobility Grant (WSDOT) 1,000,000 ($5.5 m., not sure how much to Strander) 15 Other Federal Grants 2,500,000 16 Metro 500,000 17 Potential 2007 Fed. Earmark Both cities will seek additional S's in 2007 -8 18 Total External Funding: 14,900,000 19 20 Local Shares Needed 21 Total Exp Tess Revenues: 8,521,327 22 50% 4,260,664 23 24 25 26 LOCAL SHARE OBLIGATIONS 27 (A) (B) 28 Renton Tukwila 29 Contributions to Date: 30 Previously Paid (w grants subtracted) (4,163,897) (262,000) Actual. 31 Property Contribution (800,000) Est. 32 Previously Paid (w. mitigation fees) (2,500,000) Actual. 33 Sub Total (6,663,897) (1,062,000) 34 To Equalize Phase 1 Funding: 35 Payment by Tukwila to achieve 50/501 (2,800,949) 36 Payment from Tukwila to achieve 50/501 2,800,949 37 Adjusted Total Paid (3,862,949) (3,862,949) 38 Potential Additional Needed (depends on shortfall): (397,715) (397,715) 39 40 Total payment by each city: 4,260,664 4,260,664 ATTACHMENT 1 C: \Temp\XPGrpWise \Strander Spreadsheet attachment 1 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2008 to 2013 PROJECT: Strander Blvd Extension to SW 27 St (Oaksdale) LINE ITEM 104.02.595 .57 PROJECT NO. 86 -RWO3 Renton to design and construct arterial improvements for a new roadway extending Strander Blvd from West DESCRIPTION: Valley Highway to SW 27th St. Project will now be a bridge over the railroad tracks. Phase I is to move the UPRR tracks closer to the BNSF track. Phase II is to construct the bridge JUSTIFICATION: East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access. City of Renton received a grant to move UPRR tracks to the east. Renton's definition report was completed in STATUS: 2002 for entire corridor between SR167 and West Valley Hwy. McLeod land was purchased by the City of Tukwila in 2002. Tukwila's share of project costs is fisted below and will be bonded. Renton's construction schedule indicateds funds would be expended over two years. MAINT. IMPACT: New street. Project partners include the City of Renton, Boeing, WSDOT, Sound Transit, Metro, Amtrak, and BNSF COMMENT: and UP Railroads. Tukwila's project share is McLeod land for wetland mitigation and storm mitigation site related to the S 180th St Grade Separation project (completed by Tukwila in 2004). FINANCIAL Through Estimated (in $000's) 2006 2007 2008 2009 2010 2011 2012 2013 BEYOND TOTAL EXPENSES Design 26 1 27 Land (R/W) 104 104 Const. Mgmt. 0 Tukwila's Share 801 2,000 2,500 5,301 TOTAL EXPENSES 130 1 801 2,000 0 0 0 0 2,500 5,432 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Bond 801 2,000 2,500 5,301 Mitigation Expected 0 City Oper. Revenue 130 1 0 0 0 0 0 0 0 131 TOTAL SOURCES 130 1 801 2,000 0 0 0 0 2,500 5,432 c, Project Location 7� sa �L;, asses r------- 1 1 4 fi Nye �a n o. S V/ V t 50 SOUTHWEST 27TH STREET / STRANDER BOULEVARD CONNECTION 1 a� 2: City of Tukwila I Ay G a AWN.` Zw Transportation Committee rsoa TRANSPORTATION COMMITTEE Meeting Minutes January 15, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Pam Linder, Chair; Dennis Robertson and De'Sean Quinn Staff: Jim Morrow, Pat Brodin, Frank Iriarte, Bob Giberson, Jack Pace, Jon Harrison, Derek Speck and Kimberly Mate Guests: Chuck Parrish CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:02 p.m. I. PRESENTATIONS: No Presentations. II. BUSINESS AGENDA A. Strander Boulevard Extension Interlocal Agreement with City of Renton Staff briefly explained the history associated with this project which dates back to 1986 (see Resolution 1008) when the Cities of Tukwila and Renton began working together on the relocation of land boundaries. This culminated in the 2006 completion of Renton's SW 27 Street connection to the Federal Reserve Bank. The current request for an Interlocal Agreement with the City of Renton is for the purpose of the extension project of SW 27 Street/Strander Boulevard between West Valley Highway and Oaksdale Avenue. The City Attorney has reviewed the agreement. Due to recent changes in the mayoral seats of both Tukwila and Renton, it is essential for Mayor Haggerton and Mayor Law (Renton) to meet to reaffirm both cities' commitments to this project. Currently, a meeting is scheduled between the two m early February. Staff does not plan to move fonvard with this interlocal agreement until after that meeting. The Committee reviewed contract specifications in detail. Depending on the outcome of the mayoral meeting, the Interlocal Agreement will either return to the Transportation Committee or go directly to COW. UNANIMOUS APPROVAL OF EXISTING INTERLOCAL. FORWARD TO FUTURE COW. IF CHANGES, RETURN TO TRANSPORTATION COMMITTEE. B. Ordinance Adopting 2008 Standard Specifications The adoption of the WSDOT /APWA Standard Specifications for Road, Bridge, and Municipal Construction, more commonly referred to as Standard Specifications, is a bi- annual process familiar to the Council. Every two years updates are made to the Standard Specifications. The changes are usually minor; however, in order to be eligible for federal funding, the City is required to adopt the Standards each time there is an update. Staff has prepared a draft ordinance adopting the Standards. The only change in the new ordmance in comparison to the repealed ordinance is that the new ordinance allows for the adoption of the 2008 Standard Specifications as well as the adoption of all future amendments. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW. C. Ordinance Adontine WSDOT Access PermittinL Standards for SR -181 The City is required to adopt WSDOT Access Permitting Standards for all state managed highways located within City limits. Currently, SR -181 (West Valley Highway) is the only roadway located in Tukwila which is managed by the state. Staff is seeking full Council approval of an ordinance that COUNCIL AGENDA SYNOPSIS o J `�y� ITEM No. Mreetke Date Prepared by J Mayor's review 1 Coun�! review i 02/25/08 1 TT A.�-� 1 U 03/03/08 TT I 1 v 1908 1 1 1 h <ITEM INFORMATION CAS NUMBER. 08-031 I ORIGLNAL AGENDA DAFE: FEBRUARY 25, 2008 AGENDA hIEM TITLE BID AWARD FOR MINKLER RE -ROOF 'BUILDING B' PROJECT. CATEGORY Discussion Motion Resolution Ordinance ®BidAvard Public Hearing Other MtgDate /25 /08 MtgDate MtgDate MtgDate IlftgDate 3 /3 /OG tlitgDote MtgDate SPONSOR Council Mayor Adra Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S APPROVE AND SIGN CONTRACT WITH PACIFIC SHEET METAL ROOFING, LLC. FOR THE SUMMARY MINKLER SHOPS RE -ROOF 'BUILDING B' PROJECT. REVIEWED BY COW Mtg. CA &P Cmte (l F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 02/19/2008 RECOMMENDATIONS: SPONSOR /ADMEN. APPROVE SIGN CONTRACT WITH PACIFIC SHEET METAL ROOFING COADAELTEE UNAMIMOUS APPROVAL; FORWARD TO COW -COST_IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $87,446,70 $100,000.00 Fund Source: 303.00.594.190.41.60 Comments: MTG. DATE =f _,RECORD :OF COUNCIL ACTION 02/25/08 MTG. DATE l ATTACHMENTS 02/25/08 1 INFORMATION MEMO DATED FEBRUARY 12, 2008 1 1 UTILITIES COMMITTEE MEETING MINUTES FROM FEBRUARY 19, 2008 i I I I I I INFORMATION MEMO To: Mayor Haggerton From: Jim Morrow, Public Works Director Date: February 12, 2008 Subject: MINKLER SHOPS RE -ROOF OF BUILDING "B Project No. 03 -BG08 Bid Award ISSUE Award the bid for the Minkler Shops Re -Roof project. BACKGROUND The Minkter Shops Building 13 roof is over 30 years old and past its life expectancy. Maintenance costs are increasing and it is time to re -roof. Ivary Associates was retained to design the roof replacement. ACTION TAKEN The design and bid documents were finalized and bids were solicited from the Small Works Roster in September 2007 with no response. Bids were called for again in January 2008 and, on February 7, 2008, five bids were received. Low bid was from Pacific Sheet Metal Roofing LLC for $87,446.70. Bids ranged from 80,300.00 to $134,912.94. The low bid is in line with the Engineers estimate of $80,000.00, excluding tax. The 303 Fund budget is $100,000 to cover the bid, plus a 10% contingency. BUDGET AND BID SUMMARY Bid Results Enaineer's Estimate Budget Bid Amount 80,300.00 80,000.00 $100,000.00 Sales Tax (8.9 7.146.70 7.120.00 Bid Total 87,446.70 87,120.00 Contingency (10 8.030.00 Total 95,476.70 87,120.00 100,000.00 RECOMMENDATION Award bid for the Minkler Shops Re -Roof of Building "B" project to Pacific Sheet Metal Roofing LLC, in the amount of $87,446.70, including sales tax. Reference checks show contractor has completed many similar contracts with good results. ��1tLA. o, i 2• City of Tukwila 1! 1. 9 Wi w o N ifV �2._ Utilities Committee nos UTILITIES COMMITTEE Meeting Minutes February 19, 2008 5:00 p.m. Conference Room #1 PRESENT Councilmembers: Verna Griffin, Chair; Joan Hernandez and Kathy Hougardy Staff: Jim Morrow, Mike Cusick, Frank Iriarte, Rick Still and Kimberly Matej CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. King County Agreement for Sale and Distribution of Reclaimed Water Staff is seeking full Council authorization for the Mayor to enter into an agreement with King County for the sale and distribution of reclaimed water. Staff stated that Mayor Haggerton has been a proponent of reclaimed water use. The use of reclaimed water has come up several times during discussions of the Regional Water Quality Committee; and the City of Tukwila has been touted as a leader in the use of reclaimed water. This is a basic agreement in which the City acts as an agent for the marketing, sale, purchase and distribution of reclaimed water. The City will in turn, reimburse the King County Wastewater Treatment Division for the expense of the reclaimed water which is estimated to cost 80% of the current Seattle Public Utilities rate for wholesale potable water. Staff will also be seeking additional opportunities within the City that may be eligible to use reclaimed water. The Committee requested Exhibit A, as reference in Section 4.2, be included when the information in forwarded to full Council. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. B. King County Interlocal Agreement for Reclaimed Water Pioeline Extension Proiect In reference to the above agenda item, staff is seeking approval to enter into an interlocal agreement with King County for a reclaimed water pipeline extension project. Design and construction of this project will be paid for by King County. The project will involve extension of the current reclaim water pipeline approximately 400- 500 feet from Interurban Avenue South to the existing irrigation pond at Foster Golf Links. Early today, staff identified a potential issue with Section 2.2 of the draft interlocal agreement. Additional research will be required in order to further explore questions that have surfaced regarding using reclaimed water as a primary irrigation source for Foster Golf Links. Both Public Works and Parks and Recreation staff will work together to resolve these questions and will return to the Committee with further information. MORE INFORMATON REQUIRED. RETURN TO COMMITTEE MARCH 17 FOR DISCUSSION. C. Minkler Re -Roof Proiect Building B Bid Award Staff is seeking full Council approval to award a bid in the amount of $87,446.70 to Pacific Sheet Metal 7,r Roofing, LLC, for the re- roofing of Building B at the Minkler Shops. Re- roofing of Building B is the most cost efficient means to address the increasing maintenance costs of the 30 -year old roof. This project will be paid for by the 303 Fund Budget. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 25 COW FOR DISCUSSION. M. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Wednesday, March 3, 2008 5:00 p.m. Conference Room No. 1. 1 Committee Chair Approval Min es i:AM. COUNCIL AGENDA SYNOPSIS Initials ITEM IVO. s' 0 i2, Q ti 3 Meeting Date 1 Prepared by Mayor's review Cp_uncil review 1 s. i= I 01/28/08 1 KAM 1� 1 02/25/08 1 KAM 1 1V 79pe I 1 I 1 1 1 1 1 ITEM=INFORMATION== CAS NUMBER: 08-005 I ORIGINAL AGENDA DATE. JANUARY 28, 2008 AGENDA ITEM TITLE Technology options for use by the City Council. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other tlltg Date 02/25/08 Mtg Date Mtg Date iVltg Date Mtg Date Altg Dat, Altg Date SPONSOR Council Mayor Adm Svcs DCD Finance U Fire Legal (l P Police PiV SPONSOR'S Council will be discussing technology options available for their use for City- related SUMMARY business. This topic was discussed at the January 23 Finance and Safety Committee meeting. The Committee was in favor of forwarding it to full Council for discussion because of its impact on each individual. Council President Duffie agreed to add it to the January 28 COW for discussion. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Council President COMMITTEE Forward to Committee of the Whole for discussion :G_osiT CM PACT /-FUND= SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments Funding information unavailable at this time, For discussion only MTG:: DATE RECO:RD OF- CO.U_NCIL= ACTION- 01/28/08 Continue discussion at a future Council meeting 2/25/08 1 MTG. _DATE ATTACHMENTS I 01/28/08 Attachment from IT outlining options for purchasing 02/25/08 Informational Memo from D. Robertson dated February 19, 2008. IT Department survey for Council Technology Comparison of technical devices Council technology pricing ILA, 11; 01 ti City o Tukwila air:// O I City Council °8. MEMORANDUM TO: Tukwila City Council FROM: Dennis Robertson, Councilmember CC: Rhonda Berry, City Administrator and Mary Miotke, IT Manager DATE: February 19, 2008 SUBJECT: Council Technology Follow -Up Discussion Issue The following issues were raised at the January 28 COW while discussing the Council Technology needs: 1. Potential legal liabilities with the use of Councilmember's personal computers for City business. 2. Desire to understand what other cities are doing with regards to Council technology needs. 3. The need for all Council members to access City email. 4. Only some Councilmembers have the need to create and store documents. 5. Questions regarding a replacement policy if equipment is lost, stolen or damaged. 6. Concern regarding the cost versus benefits basis for Council technology. Council Technology Needs Alternatives There appears to be three main alternatives for Council Technology needs. They are: 1. Continue to depend on 'loaner' laptops for Council needs. 2. Purchase a standard device /software for each Councilmember. 3. Fund a "Technology Allowance" that Councilmembers can use to meet their needs. Analysis of Alternatives 1. The problem with 'loaner laptops' is that they are not always available or convenient to use unless the Councilmember permanently checks one out. And if that is what is done, from a practical standpoint, this alternative is no different then Alternative 2. 2. Buying all Councilmembers the same device is the most efficient from a cost and support standpoint. However, the problem with Alternative 2 is that Councilmembers do not necessarily have the same technology needs, skills or experience. Only a couple Councilmembers have professed a need to be able to create, store and present text and spreadsheet type documents. All Councilmembers have a need to read and /or write emaiis. 3. This alternative provides the most flexibility to meet individual Council member needs. Recommendation Basically, each Councilmember could be given an allowance for their City technology needs when they are elected or appointed, and that allowance would be renewed every four years or when the City Technology changes. All devices purchased with the 'Technology Allowance' would be City property, supported by City IT staff, utilized only for City business, and would be returned to the City at the end of the Councilmember's term. The City IT staff and Council Legislative Analyst would meet with each Councilmember and discuss their individual needs, City technology standards, and the choices available. The City IT Department would purchase and support the devices and associated software. All devices /software purchased should have maintenance agreements and replacement insurance purchased if applicable. 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For gales K through 5. (Tukwila Community Center) Tukwila's government channel is now available to Comcast subscribers in Tukwila on Channel 21. Tune in for meeting and event information, emergency reports and other public service announcements. .LLjj Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206 -575 -1633. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf Room 63. Contact Bev lfillison at 206 433 -1844. >Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 63. Agenda items for 2 /25/08 meeting: (A) Foster Golf Course fee increase. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf Rm 65. Phi Huynh (206- 433 7175). Crime Hot Spots Task Force: 3rd \Ved., 10:00 AM, Conf. Room 45. Contact Phil-hum/2 at 206 433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 65. Contact Evie Boykan or Stacy Hansen at 206 -433 -7180. Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Kimberly Mafej at 206- 433 -1834. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 43. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. >Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykon at 206 -433 -7180. 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 Stephanie Gardner at 206- 767 -2342. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens al 206 -431 -3670. i Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 63. Contact Buy Willison at 206 -433 -1844. >Transportation Committee: 2nd 4th Tues., 5 :00 PM, Conf. Room +1. Agenda items for 2/26/08 meeting: (A) Easements for le»' repair projects. >Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860 >Utilities Committee: lst 3rd Mon., 5 :00 PM, Conf. Room 41. vim—. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). 142 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. February 4 11 19 (Tuesday) 25 186 Presidents Day See agenda packet (City offices closed) cover sheet for this week's agenda (February 25, 2008 Committee of the While Meeting) March 3 10 17 24 31' SvedalPresentation: Special Presentation: Special Presentation: Fifth Monday of the Cogoals Council Alliance March 10 meeting Alliaance Water pdate (Kevin FFuhrer month Council cancelled cancelled due to meeting scheduled (Julia Patterson, lack of quorum Finance Director) a c King County Council) q 2007 Chamber of Commerce report COMMITT OF THE (Nancy Damon, Pres.) WHOLE MEEriNG TO Bid Award: BE FOLLOWED BY A Minlder Re -roof Project SPECIAL MEE ING Unfinished Business: Resolution increasing Munidpal Court change fund In-car (police) video purchase contract Amend conditions of contract for Westfield Mall expansion Tukwila Urban Center Plan-1113 contract for services 2008 Overlay Program consultant selection and agreement Museum of Flight pedestrian bridge airspace lease Interlocal agreement with Renton for Strander Boulevard Extension project. Ordinance amending Subdivision Code and Zoning Code to allow development of zero lot line /fee simple townhouses on individual lots Council technology option New Business: Authorize approval of two de-fib units for Fire Dept in the amount of $25,820.67 143