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HomeMy WebLinkAboutCOW 2008-02-25 Item 4D - Agreement - Tukwila Urban Center Plan with Freedman Tung & Bottomly for $81,540 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.