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HomeMy WebLinkAboutTrans 2010-03-01 COMPLETE AGENDA PACKETCity of Tukwila Transportation Committee Verna Seal, Chair Joan Hernandez De'Sean Quinn AGENDA MONDAY, MARCH 1, 2010 Time: 5:00 PM Place: Conference Room #1 I. Current Agenda Review II. Presentation(s) III. Business Agenda A. Transportation Element Update to the Comprehensive Plan Energy Efficiency Through Transportation Planning Grant B. Southcenter Parkway Extension David Evans Design Supplement No. 9 IV. Old Business I. II. A. Forward to 3/8/10 C.O.W. and 3/15/10 Regular B. Forward to 3/8/10 C.O.W. and 3/15/10 Regular IV. Distribution: B. Giberson V. Seal F. Iriarte J. Hernandez R. Tischmak D. Quinn P. Brodin D. Robertson G. Labanara Mayor Haggerton C. Knighton S. Lancaster P. Lau K. Matej M. Mathia D. Speck S. Anderson C. O'Flaherty S. Hunstock M. Hart J. Pace S. Norris J. Harrison S. Kerslake N. Olivas Reoortimende c A on Future Agendas: Next Scheduled Meeting: Monday, March 15, 2010 IS. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206- 433 -0179 for assistance. Committee Goal: Establish a process to provide updates to Council on issues that are brought forward at Council meetings during citizen comment opportunities. M. Miotke C. Parrish B. Arthur File Copy Single side to I 3 Extra Copies e -mail cover to B.Saxton, M. Hart, C. O'Flaherty, K. Narog, S. Norris and S. Kirby Pg. 1 Pg. 39 TO: FROM: DATE: SUBJECT: ISSUE BACKGROUND DISCUSSION RECOMMENDATION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Public Works Director February 23, 2010 Transportation Element Update to the Comprehensive Plan Project No. 08 -RWO6 Energy Efficiency Through Transportation Planning Grant Contract with the Department of Commerce for the awarded Energy Efficiency Through Transportation Planning grant for a portion of the Transportation Element update work. In October 2009, the City submitted for a grant in the amount of $69,500.00 to develop Pedestrian and Bicycle Level of Service Standards as part of the update to the Transportation Element portion of the Comprehensive Plan. Tukwila was one of only 8 jurisdictions in the state to receive funds. These funds come from the 2009 Federal Economic Stimulus Funds (ARRA). In order to have the funds available for the city's use, the Department of Commerce and Tukwila must enter into a contractual agreement. The attached interagency agreement identifies the city's responsibility for work and milestones as well as the federally required reporting process. The City Attorney's office has reviewed and approved the contract for signature. The match for this grant is listed on Attachment B to the contract. The match includes the $324,209 contract with Fehr and Peers for the transportation model update as well as $39,000 in city salaries and benefits. The total match is $363,209. The Council is being asked to approve the attached contract for signature (3 copies, in blue ink) as required by the Department of Commerce and consider this item at the March 8, 2010 Committee of the Whole and the subsequent March 15, 2010 Regular meeting. Attachment: Department of Commerce Signature Interagency Agreement Number F1052110 -009 Jim Haggerton, Mayor w: \pw eng \projects \a rw rs projects \08rw06 trans element comp plan \information memo eetp grant contract mayor signature 2- 23-10.doc department of Commerce ,,pnvation n our nature. Interagency Agreement with The City of Tukwila through The Washington State Department of Commerce Energy Policy Division Purpose ARRA /Energy Efficiency and Conservation Block Grant (EECBG) /Non Construction To assess bicycle and pedestrian level of service standards and incorporate them into development review standards and public improvement plans Under the American Recovery and Reinvestment Act (ARRA) of 2009 Start date: March 1, 2010 This project/contract is funded in whole or in part by funds made available through the American Recovery and Reinvestment Act. RECOVERY.GOV Washington State Department of Commerce www.commerce.wa.gov ARRA COM Federal Interagency /EECBG Template Non Constr Last Updated 02/09/2010 TABLE OF CONTENTS Special Terms and Conditions 1 6 Face Sheet 1 1. Acknowledgement of Federal Funding 2 2. Agreement Management 2 3. Compensation 2 4. Expenses 3 5. Billing Procedures and Payment 3 6. Fiscal Management 4 7. Minority Women Owned Business Enterprise 4 8. Reporting 4 9. Site Visits 5 10. Records Maintenance and Audits 5 11. Insurance 5 12. Publications 6 13. Order of Precedence 6 General Terms and Conditions 1 11 1. Definitions 1 2. All Writings Contained Herein 1 3. Amendments 1 4. Approval 1 5. Assignment 1 6. Audit 1 7. Certification Regarding Debarment, Suspension or Ineligibility or Ineligibility and Voluntary Exclusion 3 8. Confidentiality /Safeguarding of Information 3 9. Copyright Provisions 4 10. Disputes 5 11. Ethics /Conflicts of Interest 5 12. Governing Law and Venue 5 13. Indemnification 5 14. Independent Capacity of the Contractor 6 15. Laws 6 16. Noncompliance With Nondiscrimination Laws 8 17. Political Activities 8 18. Procurement Standards for Federally Funded Programs 8 19. Recapture 9 20. Records Maintenance 9 21. Savings 9 22. Severability 9 23. Subcontracting 9 24. Survival 10 25. Termination for Cause /Suspension 10 26. Termination for Convenience 10 27. Termination Procedures 10 28. Waiver 11 Attachment A Statement of Work Attachment B Budget Attachment C Additional Provisions under the American Recovery and Reinvestment Act of 2009, Public Law 111 -5, and Attachment D October 10/7/2009 OMB Memo on ACORN ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 1. Contractor City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 3. Contractor Representative PROGRAM Cyndy Knighton Senior Engineer 206 431 -2450 cknightton@ci/tukwila.wa.us 5. Agreement Amount $69,500 Federal: State: Other: N /A: 9. Federal Funds (as applicable) Federal Agency $69,500 10. Tax ID 11. SWV 12. UBI 13. DUNS 91- 6001519 179000208 179000208 0102- 075 -04 14. Purpose: The City of Tukwila will assess bicycle and pedestrian level of service standards and incorporate them into development review standards and public improvement plans. COMMERCE, defined as the Department of Commerce, and the Contractor or its successor agency, as defined above, acknowledge and accept the terms of this Agreement and attachments and have executed this Agreement on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement are governed by this Agreement and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" Statement of Work and Task Schedule, Attachment `B" Budget Sheet, Attachment "C" Additional Provisions under the American Recovery and Reinvestment Act of 2009 and the Energy Efficiency Conservation Block Grant Program (EECBG), and Attachment "D" 10/7/09 OMB Memo on ACORN. FOR CONTRACTOR Jim Haggerton, Mayor Date Agreement Number: F1052110 -009 Washington State Department of Commerce, Energy Policy Division City of Tukwila Bicycle LOS standards Federal USDOE Agreement No. DE- EE0000849 CONTRACT Gail Labanara Fiscal Analyst 206.431.3660 glabanara@ci.tukwila.wa.us 6. Funding Source US Department of Energy ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 2. Contractor Doing Business As (optional) Same as Contractor TEMPLATE APPROVED AS TO FORM Alice Blado, Assistant Attorney General, 02/10/2010 4. COMMERCE Representatives PROGRAM CONTRACT Anne Fritzel Judy Hartman Senior Planner, Energy Policy Specialist Growth Management Services PO Box 43173 360.725.3064 Olympia, WA 98504 Anne.Fritzel @commerce.wa.gov 360.325.3115 Judy.HartmanRcommerce.wa.gov 7. Start Date 8. End Date 3/1/2010 4/30/2012 CFDA Number 81.128 FOR COMMERCE Tony Usibelli, Assistant Director Date FACE SHEET 1 SPECIAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Agreement, shall contain the following acknowledgement and the disclaimer from Section 12 of these Special Terms and Conditions.: "Acknowledgement: This project is funded in whole or in part by funds made available through the American Recovery and Reinvestment Act (ARRA). This funding was awarded by the US Department of Energy through the Energy Policy Division of the Washington State Department of Commerce under Energy Efficiency and Conservation Block Grant No.DE- EE0000849." COMMERCE, as a recipient of American Recovery and Reinvestment Act (hereinafter "Act funds, is legally obligated to meet accountability and reporting requirements under the Act. The state of Washington or the federal funding source may also identify additional requirements or other changes in requirements. Such requirements may be in statute, regulation, policy, or procedure. COMMERCE is responsible for incorporating these requirements into the performance of this Agreement. Although all requirements have not yet been identified, please expect additional reporting requirements, to include, but not limited to, performance outcomes such as created or retained jobs. 2. AGREEMENT MANAGEMENT The Contract Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Contract Representative for COMMERCE and their contact information is identified on the Face Sheet of this Agreement. The Contract Representative for the Contractor and their contact information is identified on the Face Sheet of this Agreement. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $69,500 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor's compensation for services rendered shall be based on the following rates or in accordance with Attachment B Budget. COMMERCE and Contractor may adjust amounts in the budget categories by 10% or less without a formal contract amendment by written mutual agreement by both parties. Written approval shall be through the following method: 1) Written request to COMMERCE from the Contractor by email of the proposed variation, 2) Review of the request by Commerce, and 3) Written determination (approval /rejection) by the COMMERCE Contract Representative to the Contractor. The federal Office of Management and Budget has issued a 10/7/09 Memorandum restricting any "obligation or award" to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. A copy of this Memorandum is marked as Attachment D and is both incorporated by reference and attached to this agreement. This Memorandum requires that no federal funding be awarded through this contract or through any sub grants, subcontracts, or other sub recipient arrangements. List detail of compensation to be paid, e.g., hourly rates, number of hours per task, unit prices, cost per task, cost per deliverable, etc. or reference documents that specify Contractor's compensation and payment, e.g., Contractor's compensation for services rendered shall be based on the schedule set forth in Attachment A Statement of Work and Attachment B Budget. This project /contract is funded in whole or in part by funds made available through the American Recovery and Reinvestment Act (ARRA) and State Recovery Act reporting requirements apply. ARRA COM Federal Interagency /EECBG Template Non Construction 2 Last Updated 02/09/2010 ARRA/EECGB Federal Funding requires USDOE approval of subcontracts and their supported activities. No funds shall be expended on this contract or subcontract activity until Commerce notifies Contractor of receipt of approval from DOE. Commerce does not guarantee or assume any obligation to reimburse costs incurred by the recipient or subcontractor for these activities until approval is provided in writing by Commerce. Upon written approval of Contractor by Commerce, Contractor may receive reimbursement for allowable costs incurred in accordance with the payment provisions contained in this agreement. 4. EXPENSES If allowed Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed the line item amount specified in Attachment B budget, which amount is included in the Agreement total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 5. BILLING PROCEDURES AND PAYMENT SPECIAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Contract Representative for COMMERCE no more than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Agreement reference number F1052110 -009. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Agreement or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Agreement. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Match /Final Retainaae [Pick One as Applicablel COMMERCE shall withhold 10 percent from each payment until Commerce has accepted the final report (or completion of the project, etc.) deliverable AND valid documentation to demonstrate that Match as indicated in Attachment B Budget has been applied to the project. OR Valid documentation for Match as required in the original proposal of $424,000 has been submitted to and accepted by Commerce; therefore, the Match requirement has been met. ARRA COM Federal Interagency /EECBG Template Non Construction 3 Last Updated 02/09/2010 6. FISCAL MANAGEMENT SPECIAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS Contractor shall have a budgeting, accounting, and reporting system that meet the standards of WA State Chapter 43.88 RCW Fiscal Management and USDOE CFR Title 10 Part 600 Financial Assistance Rules demonstrating good internal control policies, procedures and practices. Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. 7. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE Contractor is encouraged to consider Minority and Women Business Enterprises (M/WBE) when posting bids /solicitations for competitive awards and at a minimum and if available, at least one W /MBE should be considered. To post a solicitation at the WA State Office of Minority and Women Owned Business Enterprise (OMWBE), contact Jean Wheat at jwheat @omwbe.wa.gov and copy cynthiac @omwbe.wa.gov. or call 360- 704 -1181. The Office of Minority and Women Owned Business Enterprise also maintains a Directory of OMWBE certified firms http: /www.omwbe.wa.gov /opportunities /index.shtml 8. REPORTING All sub recipients and their partners, contractors and /or vendors are responsible for reporting pursuant to Section 1512 of the American Recovery and Reinvestment Act of 2009. Commerce, as a prime recipient of Recovery Act funds, must comply with the Recovery Act's extensive reporting requirements, including quarterly financial and programmatic reporting. Commerce will require quarterly reports from its Sub recipients in order to fulfill its obligation. The Sub recipient receiving Recovery Act funds may expect that a standard form(s) and /or reporting mechanism will be made available to help streamline the process. The Sub recipient agrees to provide to Commerce all reports, documentation, or other information, as may be required to meet reporting obligations under the Recovery Act. The Sub recipient's receipt of funds is contingent on meeting the Section 1512 reporting requirements. Additional instructions and guidance regarding the required reporting will be provided as they become available. For planning purposes, however, Sub recipients receiving Recovery Act funds should be aware of the current Recovery Act section 1512(c) requirements. Sub recipient Reports: Not later than five days after the end of each calendar quarter (January 5, April 5, July 5, and October 5, etc., throughout the contract period), each sub recipient that received recovery funds from a Federal agency shall submit a report to Commerce via email that contains: Financial data Sub recipient (and if applicable, vendor) FTEs: jobs created or retained reported as single number; jobs directly funded by Recovery Act Project activity milestones (based on sub recipient scope of work) Energy savings on a per dollar invested basis Energy saved (kwh, therms, gallons, BTUs, etc.) Renewable energy capacity installed Greenhouse gas emissions reduced Funds leveraged Data related to vendors paid more than $25,000 in a single purchase Key metrics that will vary by project type per DOE guidance For questions contact Meg O'Leary at (360) 725 -3121 ARRA COM Federal Interagency /EECBG Template Non Construction 4 Last Updated 02/09/2010 9. SITE VISITS COMMERCE and DOE's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. Grantee must provide, and must require its sub awardees to provide reasonable access to facilities, office space, resources, and safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. 10. RECORDS MAINTENANCE and AUDITS SPECIAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS The parties to this contract shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, reasonable access to review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement must be retained for six years after termination of this Agreement and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access to and the right to examine any of these materials. 11. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect COMMERCE should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Agreement. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non renewal or modification. The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Agreement, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Agreement, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and ARRA COM Federal Interagency /EECBG Template Non Construction 5 Last Updated 02/09/2010 SPECIAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the highest of planned reimbursement for the Agreement period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. Additional Provisions: The above insurance policy shall include the following provisions: 1. Additional Insured. The state of Washington, COMMERCE, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self- insurance programs afforded to or maintained by the State. 2. Identification. The policy must reference COMMERCE's Agreement number and the State agency name. 3. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Washington and have a rating of A Class VII or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved by COMMERCE's Risk Manager, or the Risk Manager for the state of Washington, before the Agreement is accepted or work may begin. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284- 15 WAC. 4. Excess Coverage. By requiring insurance herein, COMMERCE does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor's liability under the indemnities and reimbursements granted to COMMERCE in this Agreement. Local Government Contractors that Participate in a Self Insurance Program Self- Insured /Liability Pool or Self- Insured Risk Management Program With prior approval from COMMERCE, the Contractor may provide the coverage above under a self- insured /liability pool or self- insured risk management program. In order to obtain permission from COMMERCE, the Contractor shall provide: (1) a description of its self- insurance program, and (2) a certificate and /or letter of coverage that outlines coverage limits and deductibles. All self- insured risk management programs or self- insured /liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. Contractor's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need ARRA COM Federal Interagency /EECBG Template Non Construction 6 Last Updated 02/09/2010 SPECIAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS not be named as additional insured under a self- insured property /liability pool, if the pool is prohibited from naming third parties as additional insured. Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under Contractor's self- insured /liability pool or self- insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 12. PUBLICATIONS a. Contactor is encouraged to publish or otherwise make publicly available the results of the work conducted under the award. b. The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Agreement, shall contain the acknowledgment of federal funding from Section 1 of these Special Terms and Conditions and the following disclaimer. Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." 13. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Attachment C Additional Provisions under the American Recovery and Reinvestment Act of 2009, Public Law 111 -5, and the Energy Efficiency Conservation Block Grant Program (EECBG) Attachment A Statement of Work Attachment B Budget Attachment D October 10/7, 2009 OMB /09 Memo on ACORN ARRA COM Federal Interagency /EECBG Template Non Construction 7 Last Updated 02/09/2010 1. DEFINITIONS As used throughout this Agreement, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and /or the designee authorized in writing to act on the Director's behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Agreement, and shall include all employees and agents of the Contractor. C. "COMMERCE" shall mean the Department of Commerce. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Agreement under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. APPROVAL This Contract shall be subject to the written approval of COMMERCE's Authorized Representative and shall not be binding until so approved. The Contract may be altered, amended, or waived only by a written amendment executed by both parties. 5. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 6. AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from the audit. ARRA COM Federal lnteragency/EECBG Template Non Construction Last Updated 02/09/2010 1 C. Documentation Reauirements GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. Federal Funds Requirements OMB Circular A -133 Audits of States. Local Governments and Non Profit Oraanizations Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) Revised Circular A -133 "Audits of States, Local Governments, and Non Profit Organizations." Revised OMB A -133 requires the Contractor to provide the auditor with a schedule of Federal Expenditure for the fiscal year(s) being audited. The Schedule of State Financial Assistance must be included. Both schedules include: Grantor agency name Federal agency Federal program name Other identifying agreement numbers Catalog of Federal Domestic Assistance (CFDA) number Grantor agreement number Total award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with OMB Circular A -110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non Profit Organizations." The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by COMMERCE. The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A -133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office 906 Columbia Street SW, Fifth Floor PO Box 48300 Olympia WA 98504 -8300 In addition to sending a copy of the audit, when applicable, the Contractor must include: Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. Copy of the Management Letter. ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 2 LOWER TIER COVERED TRANSACTIONS GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS 7. CERTIFICATION REGARDING DEBARMENT. SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION— PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three -year period preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3. 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 (1)(b) of this section; and 4. Have not within a three -year period preceding the signing of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Agreement, the Contractor shall attach an explanation to this Agreement. C. The Contractor agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: a) The lower tier contractor certifies, by signing this Agreement that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the lower tier contractor is unable to certify to any of the statements in this Agreement, such contractor shall attach an explanation to this Agreement. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. F. Grantees should review the Excluded Parties List System (htto: /ww.eols.aov) before determining if a prospective contractor is considered responsible. 8. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 3 GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS 3. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal Information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Agreement whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 9. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Agreement shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and /or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Agreement, but that incorporate pre- existing materials not produced under the Agreement, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Agreement. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 4 10. DISPUTES Except as otherwise provided in this Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: be in writing; state the disputed issues; state the relative positions of the parties; state the Contractor's name, address, and Agreement number; and be mailed to the Director and the other party's (respondent's) Agreement Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi judicial tribunal. Nothing in this Agreement shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 11. ETHICS /CONFLICTS OF INTEREST In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 12. GOVERNING LAW AND VENUE 13. INDEMNIFICATION GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, COMMERCE, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 5 14. INDEPENDENT CAPACITY OF THE CONTRACTOR GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Agreement are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 15. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws, Regulations and Circulars (Federal) A. American Recovery and Reinvestment Act (ARRA) of 2009 B. Audits Office of Management and Budget (OMB) Revised Circular A -133 "Audits of States, Local Governments, and Non Profit Organizations." B. Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082. Drug -Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327 -330 and Department of Labor Regulations, 29 CFR Part 5. C. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94 -135, 42 U.S.C. 6101 -07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101 -336. Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794. Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88 -352, 42 U.S.C. 2002d et seq, 24 CFR Part 1. Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88 -352. Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 6 GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR 570.607(b)). D. Office of Management and Budget Circulars Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A -87, 2 CFR, Part 225. Cost Principles for Nonprofit Organizations, OMB Circular A -122 (if the Contractor is a nonprofit organization). Grants and Cooperative Agreements with State and Local Governments, OMB Circular A -102 (if the Contractor is a local government or federally recognized Indian tribal government). Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A -110. E. Other Anti Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51 -54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243 \Wednesday, December 20, 1989. Hatch Political Activity Act, 5 U.S.C. 1501 -8. Internal Revenue Service Rules, August 31, 1990. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti Lobbying Amendment). 31 U.S.C. 1352 provides that Contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any lobbying with non Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non Supplanting Federal Funds. Section 8 Housing Assistance Payments Program. F. Privacy Privacy Act of 1974, 5 U.S.C. 552a. Washington State Laws and Reaulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non profit corporations Liability Limitations, RCW 4.24.264. C. Disclosure- campaign finances lobbying, Chapter 42.17 RCW. D. Discrimination -human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02 WAC. G. Open public meetings act, Chapter 42.30 RCW. H. Public records act, Chapter 42.56 RCW. I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 7 17. POLITICAL ACTIVITIES GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS 16. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Agreement, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further Agreements with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 18. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A -102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Agreement. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A -110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Agreement. The Contractor's procurement system should include at least the following: 1. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. 2. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. 3. Minimum procedural requirements, as follows: a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. b. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. c. Positive efforts shall be made to use small and minority -owned businesses. d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. e. Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. f. Some form of price or cost analysis should be performed in connection with every procurement action. ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 8 21. SAVINGS GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS Procurement records and files for purchases shall include all of the following: 1) Contractor selection or rejection. 2) The basis for the cost or price. 3) Justification for lack of competitive bids if offers are not obtained. h. A system for Agreement administration to ensure Contractor conformance with terms, conditions and specifications of this Agreement, and to ensure adequate and timely follow -up of all purchases. 4. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds from this Agreement to enter into a sole source Agreement or an Agreement where only one bid or proposal is received when value of this Agreement is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non competitive procurement, if applicable. g. 19. RECAPTURE In the event that the Contractor fails to perform this Agreement in accordance with state laws, federal laws, and /or the provisions of this Agreement, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. 20. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, COMMERCE may terminate the Agreement under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Agreement may be amended to reflect the new funding limitations and conditions. 22. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Agreement and to this end the provisions of this Agreement are declared to be severable. 23. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Agreement if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 9 24. SURVIVAL GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive. 25. TERMINATION FOR CAUSE SUSPENSION In event COMMERCE determines that the Contractor failed to comply with any term or condition of this Agreement, COMMERCE may terminate the Agreement in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, COMMERCE upon written notice may allow the Contractor a specific period of time in which to correct the non compliance. During the corrective action time period, COMMERCE may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Agreement. Failure by the Contractor to take timely corrective action shall allow COMMERCE to terminate the Agreement upon written notice to the Contractor. "Termination for Cause" shall be deemed a "Termination for Convenience" when COMMERCE determines that the Contractor did not fail to comply with the terms of the Agreement or when COMMERCE determines the failure was not caused by the Contractor's actions or negligence. If the Agreement is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement Agreement, as well as all costs associated with entering into the replacement Agreement (i.e., competitive bidding, mailing, advertising, and staff time). 26. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, COMMERCE shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 27. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by COMMERCE, the Contractor shall: A. Stop work under the Agreement on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Agreement; ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 10 C. Assign to COMMERCE all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of COMMERCE, and D. Preserve and transfer any materials, Agreement deliverables and /or COMMERCE property in the Contractor's possession as directed by COMMERCE. Upon termination of the Agreement, COMMERCE shall pay the Contractor for any service provided by the Contractor under the Agreement prior to the date of termination. COMMERCE may withhold any amount due as COMMERCE reasonably determines is necessary to protect COMMERCE against potential loss or liability resulting from the termination. COMMERCE shall pay any withheld amount to the Contractor if COMMERCE later determines that loss or liability will not occur. The rights and remedies of COMMERCE under this section are in addition to any other rights and remedies provided under this Agreement or otherwise provided under law. 28. WAIVER GENERAL TERMS AND CONDITIONS INTERAGENCY FEDERAL ARRA FUNDS Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by Authorized Representative of COMMERCE. ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 11 Statement of Work Activity Title: Pedestrian and Bike Levels of Service (LOS) Project Purpose: This project will help the City of Tukwila accomplish the following goals: (1) Establish a multi modal transportation system; (2) Reduce greenhouse gas emissions; and (3) Reduce vehicle -miles traveled (VMT), as required by the State Growth Management Act. Specifically, the work will include updating the Transportation Element of its Comprehensive Plan and as the part of the plan update, the EETP grant will be used to include pedestrian and bike levels of service (LOS) analysis for arterials in the City of Tukwila. The Transportation Element will establish LOS policies and standards or benchmarks for all modes of transportation. This Pedestrian and Bike LOS Project will give the City transportation modeling support and financing tools to transform its auto dominated transportation system to one that promotes alternative modes and reduces VMT and transportation related greenhouse gas emissions. Using the EETP grant, the following tasks will be incorporated into Tukwila's Transportation Element: 1. Inventory existing bicycle and pedestrian conditions leveraging data from the City's Walk Roll non motorized plan. 2. Identify pedestrian and bike LOS policies. 3. Calculate levels of service for pedestrian and bike modes on all arterials. 4. Identify existing deficiencies for all modes of transportation. 5. Use the pedestrian and bike LOS to decide what facilities are needed for 2030 6. Integrate the non motorized LOS into development review standards and public improvement plans. Tasks and Deliverables I Start Date Task 1. Establish pedestrian and bike analysis corridors on the City arterial network 3/1/2010 a. Coordinate with staff and the Walk Roll Plan to establish corridors. Task 2. Identify the existing pedestrian and bike facilities 4/1/2010 a. Coordinate with staff and the Walk Roll plan to identify and inventory all existing facilities b. Coordinate with staff to identify and inventory all future facilities under construction or obligated for construction prior to end of 2010 Task 3. Review the pedestrian and bike data and needs analysis in the Walk Roll Plan Deliverable 1: Memorandum identifying non motorized corridors and summarizing existing conditions and previously identified needs. Task 4. Collect transportation data that will be needed to calculate pedestrian and bike LOS a. Street Geometry: number of lanes, lane width, median width, bike lane width, parking lane width, shoulder width, planter strip, sidewalk width, intersection and driveways and pavement conditions ATTACHMENT A End Date 3/30/2010 5/30/2010 4/15/2010 5/31/2010 5/31/10 6/1/2010 7/31/2010 ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 1 b. Travel Demand: intersection vehicle volumes and turning moves, right turn on red volume, percent heavy vehicles, bus volumes, pedestrian volume and percent on- street parking occupied c. Intersection Control: green time per cycle, cycle length, quality of progression and speed limit Task 5. Calculate pedestrian and bike LOS a. Coordinate with staff to determine appropriate methodology b. Apply methodology and calculate existing LOS and identify deficiencies c. Identify potential alternatives to alleviate deficiencies d. Coordinate with staff to establish LOS policies, balancing deficiencies with feasibility of correction options Deliverable 2. Memorandum documenting pedestrian and bike LOS analysis and project selection process. Task 6. Prepare a draft report on pedestrian and bike LOS summarizing Task 1 through Task 5 a. Distribute preliminary draft report to staff for review b. Revise preliminary draft report based on staff comments c. Distribute Final Draft Report to staff d. Present Final Draft Report to Planning Commission and Council for consideration and acceptance Deliverable 3. Draft Report Task 7. Final Report a. Revise Final Draft as directed by Planning Commission and Council b. Integrate into the larger Transportation Background Report for the Transportation Element of the Comprehensive Plan update Deliverable 4. Pedestrian and Bicycle Level of Service section in the Transportation Background Report. Deliverable 5: Close -out reporting ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 Attachment A 8/1/2010 9/30/2010 9/30/2010 10/1/201 1/31/2011 1/31/2011 1/1/2011 4/31 /2011 4/30/2011 6/30/2011 1 4/5/2010 1512 Report Insurance Certificate Attachment A Schedule of Due Deliverables and Estimated Invoicing Estimated Estimated Projected Actual Grant Report Salary Estimated Goods Invoice Invoice Funds Period Date Due Items Due &Benefit Contractual Services Total Total Remaining 2 7/5/2010 1512 Report Invoice $2,905 $10,995 $13,900 $55,600 Due Deliverables Deliverable 1. Memorandum identifying corridors, Due 5/31/2010 existing conditions, and needs 1 1 1 3 10/5/2010 1512 Report Invoice $2,905 $10,995 $13,900 Due Deliverables Deliverable 2. Memorandum on LOS analysis Due 9/3- 0/2010 5 4/5/2011 1512 Report Invoice $2,905 $10,995 $13,900 Due Deliverables Deliverable 3. Draft Report Due Jan 1. 2011 Insurance Certificate 6 7/5/2011 1512 Report Invoice $2,905 $10,995 $13,900 Due Deliverables Deliverable 4. Ped /Bike LOS section of Transportation Background Report Due 4/30/2011 Deliverable 5: Closeout Report Due 6/30/2011 1$14,526 1 $54,9751 $01 $69,500 ARRA COM Federal Interagency /EECBG Template Non Construction Last Updated 02/09/2010 $69,500 $41,700 4 1/5/2011 1512 Report Invoice $2,905 $10,995 $13,900 $27,800 Due Deliverables None $13,900 $0 $0 GRANT TITLE: PROJECT NAME: COM Agreement No. Applicant Name Address. City Zip Sub-recieoient POC ADD COUNTY COLUMN Categories Salaries and Wages Benefits Contractual Goods And Services (Supplies/Commodities) Admin. Support Costs 1 Total All Costs Percentage (Total Contract) Percentage (MI Split) 1Detail: 1 1 BUDGET lEnergli:Efficiency-thivUgh Transportation Planning (EETP) Fed. Grant No. 1" DE-;=EE 0000 849 1 COM Point of Contact' Anne Fritzel' Funding TYPE 1 ARRA1X1CBG Grant' X1 'Otheid 1 1 1 'Pedestrian and Bike Levels of Service (LOS) Project 'City of Tukwila 6300 Southcenter Blvd, Suite 100, Tukwila, WA, 98188 IATTN: ICvndv Knighton MATCH: OBJ Commerce EECGP Federal State A 1 11,150.00 B 1 3,350.00 55,000.00 Travel 1 G 1 1 I 1 1! 0.001 Equipment-None Capitalized 1 J (JA) 0.001 *Equipment-Capitalized 1.1 (Other) **Other Define 1 1 11 1 1 s,r Total Direct Costs 1 1 69,500.00 1 o.001 0.00 0.00 363,209.00 '1 I432,709.001 Method 1 as of direct costs OR 0:0 0.001 1 0.00 1 0.001 :1 0.001 1 0.00 1 1 0 Method 2 as a hard cost entry ..5 ,Nt, f:::::.s.,t::,'_±:f3::: ::0i1 :V!=:i ;:sf 1 I 0 1 Total Admin Costs 1 0.001 1 0.00 1 0.001 1 0.00! 1 0.00 1 1 .7. 0 31 41 69,500.00 1- 0.001 0.001 0.001:1 363,209.00 1 1 1432.709.00 16.1%1 1 0.0%1 1 0.0%I 1 0.0%1 1 83.9%1 1 100% 69,500.00 100.00% 0.00% 1 100.00% kTQTACMATC0- COST 1 1 ITEM 1 1 1 1 1 1 $55,000 I 'Contractual costs for consultant help on project. ARRA COM Federal Interagency/EECBG Template Non-Construction Last Updated 02/09/2010 County 1 I I 1 1 I I 1 11 City 30,000.00 9,000.00 324,209.00 Attachment B Total Costs LI 41,150 1 II -12;350.00 379,209.00 1 ADDITIONAL PROVISIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Public Law 111 -5 And the Energy Efficiency Conservation Block Grant Program (EECBG) Attachment C 1. Recovery Act Reporting Requirements; Section 1512(c) of the Recovery Act Contractor acknowledges and agrees that the American Recovery and Reinvestment Act of 2009, hereinafter "Recovery Act" places great emphasis on accountability and transparency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Board and a new website Recovery.gov to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. COMMERCE, as a recipient of Recovery Act funds, must comply with the Recovery Act's extensive reporting requirements, including quarterly financial and programmatic reporting due within 10 calendar days after the end of each calendar quarter. COMMERCE will require periodic reports from its sub recipients in order to fulfill its reporting obligations. Grantees receiving Recovery Act funds may expect that a standard form(s) and /or reporting mechanism will be made available at a future date. Contractor agrees to provide to COMMERCE all reports, documentation, or other information, as may be required by COMMERCE to meet reporting obligations under the Recovery Act. Grantee's receipt of funds is contingent on Grantee meeting the reporting requirement of Section 1512. Additional instructions and guidance regarding the required reporting will be provided as they become available. For planning purposes, however, Contractors receiving Recovery Act funds should be aware that Recovery Act section 1512(c) provides: Recipient Reports- Not later than 5 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains— (1) The total amount of recovery funds received from that agency; (2) The amount of recovery funds received that were expended or obligated to projects or activities; and (3) A detailed list of all projects or activities for which recovery funds were expended or obligated, including: (a) The name of the project or activity; (b) A description of the project or activity; (c) An evaluation of the completion status of the project or activity; (d) An estimate of the number of jobs created and the number of jobs retained by the project or activity; and (e) For infrastructure investments made by State and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. 2. Section 1512 of the Recovery Act: Registration with Central Contractor Registration (CCR) Recipients of funds under the Recovery Act shall register with the Central Contractor Registration (CCR) database at www.ccr.aov. This ensures consistent reporting of data about each entity and thereby makes data more useful to the public. In order to register in CCR, a valid Data Universal Numbering System (DUNS) Number is required and should be inserted in Box 13 of the Face Sheet of this Agreement. ARRA COM Federal Interagency /EECBG Template Non Construction 1 Last Updated 02/09/2010 C. Waivers: Attachment C 3. Section 1602 of the Recovery Act: Preference for Quick -Start Activities (if applicable) Section 1602 of the Recovery Act provides: In using funds made available in this Act for infrastructure investment, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act. Recipients shall also use grant funds in a manner that maximizes job creation and economic benefit. 4. Section 1604 of the Recovery Act: Limit on Funds Section 1604 of the Recovery Act provides: None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 5. Required Use of American Iron, Steel, and Manufactured Goods Section 1605 of the American Recovery and Reinvestment Act of 2009 Contractor shall comply with Section 1605 of the Recovery Act unless (1) compliance has been waived by the Federal Agency providing the funds; or (2) compliance with the Recover y Act conflicts with an international trade agreement. A. Section 1605 of the Recovery Act provides: Use of American Iron, Steel, and Manufactured Goods. (a) None of the funds appropriated or otherwise made available by the Recovery Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that: (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. B. International Trade Agreements: Contracts for the procurement of goods and services in the amount of $528,000 or more and for constructions services in the amount of $7,443,000 or more are covered by an international trade agreement and are therefore not subject to Section 1605. Contractor shall provide COMMERCE with information and applicable supporting data as may be required by COMMERCE, to support any request for waiver of compliance with Section 1605 (b) of the Recovery Act. The following applies to requests for waivers submitted to COMMERCE. ARRA COM Federal Interagency /EECBG Template Non Construction 2 Last Updated 02/09/2010 Attachment C (a) Definitions. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been: (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. (1) This award term and condition implements Section 1605 of the Recovery Act of 2009 by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) of this term and condition. (2) This requirement does not apply to the material excepted by the Federal Government. (3) The award official may add other iron, steel, and /or manufactured goods to the list in paragraph (b)(2) of this term and condition if the Federal Government determines that: (i) The cost of the domestic iron, steel, and /or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and /or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of Section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1)(i) Any request to use foreign iron, steel, and /or manufactured goods in accordance with paragraph (b)(3) of this term and condition shall include adequate information for Federal Government evaluation of the request, including (A) A description of the foreign and domestic iron, steel, and /or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and ARRA COM Federal Interagency /EECBG Template Non Construction 3 Last Updated 02/09/2010 (H) A detailed justification of the reason for use of foreign iron, steel, and /or manufactured goods cited in accordance with paragraph (b)(3) of this term and condition. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this term and condition. (iii) The cost of iron, steel, and /or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to Section 1605 of the Recovery Act applies, COMMERCE will amend the award to allow use of the foreign iron, steel, and /or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and /or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and /or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, COMMERCE shall adjust the award amount or redistribute budgeted funds in accordance with requirements adopted pursuant to the Recovery Act. Unless the Federal Government determines that an exception to Section 1605 of the Recovery Act applies, use of foreign iron, steel, and /or manufactured goods is noncompliant with Section 1605 of the American Recovery and Reinvestment Act. (3) (d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on unreasonable cost, the following information and any applicable supporting data based on the survey of suppliers should be provided to COMMERCE: Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Description Foreign steel, iron, or manufactured good Domestic steel, iron or manufactured good FOREIGN AND DOMESTIC ITEMS COST COMPARISON Unit of Measure Attachment C Quantity I Cost (Dollars)* [List name, address, telephone number, email address, and contact for suppliers surveyed.] [Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] *Include all delivery costs to the construction site.] ARRA COM Federal Interagency /EECBG Template Non Construction 4 Last Updated 02/09/2010 Attachment C 6. Wage Rate Requirements under Section 1606 of the American Recovery and Reinvestment Act of 2009 Davis -Bacon Act All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act, shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (Davis -Bacon Act). With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan numbered 14 of 1950 (64 Stat. 1267, 5 U.S.C. App.) and section 3145 of title 40 United States Code. See U.S. Department of Labor, Wage and Hour Division website at htto: /www.dol.aov /esa /whd /contracts /dbra.htm Wage determinations can be found at htto: /www.wdol.aov. The Contractor shall include this provision and require this provision to be contained in all subcontracts for work performed under this Contract. The work performed by this Agreement may also be subject to the State's prevailing wage laws, Chapter 39.12 RCW. The Contractor is advised to consult with the Washington State Department of Labor and Industries to determine the prevailing wages that must be paid. 7. Non supplanting of State and Local Funds (if applicable consult the program solicitation and the special conditions in the award document) Contractors must use federal funds to supplement existing State and local funds for program activities and must not replace (supplant) State or local funds that they have appropriated or allocated for the same purpose. Potential supplanting will be the subject of monitoring and audit. Violations may result in a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil and /or criminal penalties. For additional guidance regarding supplanting, refer to the information provided at http: /www.oio. usdoi. aov/ recovery /suoolantinaauidance.htm. 8. Protection of Whistleblowers Prohibition on Reprisals: An employee of any non Federal employer receiving covered funds under the Recovery Act may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct,) a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: Gross mismanagement of an agency agreement, contract or grant relating to covered funds; Gross waste of covered funds; Substantial and specific danger to public health or safety related to the implementation or use of covered funds; Abuse of authority related to the implementation or use of covered funds; or Violation of law, rule, or regulation related to an agency agreement (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Any employer receiving covered funds shall post notice of the rights and remedies provided under this section. The recommended written notice is attached as "Know Your Rights Under the Recovery Act ARRA COM Federal Interagency /EECBG Template Non Construction 5 Last Updated 02/09/2010 9. Waste Stream 10. False Claims Act- Attachment C Prior to the expenditure of Federal funds, the Contactor is required to provide documentation demonstrating that it has prepared a waste management plan to dispose of sanitary or hazardous waste generated by the proposed activities. Sanitary or hazardous waste includes, but is not limited to, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos. Compliance with this clause will be complete only after the Contactor has submitted adequate documentation to Commerce for its review, and Commerce has provided written approval to the Recipient of its proposed plan to dispose of its sanitary or hazardous waste. For assistance contact the WA State Governor's Office of Regulator Assistance (ORA), Regional assistance Leads http /www.ora.wa.gov /contact.asp Pollution Prevention Planning help is available from WA State Department of Ecology Regional Office staff: http: /www.ecy.wa.gov /programs /hwtr /P2 /contacts.html or call Bellevue: (425) 649 -7000 Lacey: (360) 407 -6300 Yakima: (509) 575 -2490 Spokane: (509) 329 -3400 Each grantee or subrecipient should promptly refer to an appropriate inspector general any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor or other person has submitted a false claim under the False Claims Act or who has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. 11. Listing Recovery Act Jobs with the Washington State Employment Security Department This Contract is funded with federal stimulus funds (under the Recovery Act), which has strict reporting requirements for funds spent and jobs created or retained (see Exhibit A, attached and incorporated into this Contract as additional instructions). Unless hiring is directly from a union hall, all job openings created by the Contractor for this project must be listed with the WorkSource system (an affiliate of the Employment Security Department) before hiring; all hiring decisions also must be reported to WorkSource. In addition, all Subcontractors hired by the Contractor also must be required to list jobs and report hiring results to WorkSource. Existing Contractor or Subcontractor employees who are retained using funds from this project also must be reported to WorkSource. WorkSource will pre- screen and refer qualified job candidates for the Contractor's or Subcontractor's consideration. The Contractor and Subcontractor also have the discretion to use other, additional recruitment systems and retain the right to make all hiring decisions. To begin the listing and reporting process, contact the Employment Security Department ARRA Business Unit at 877 453 -5906 (toll- free), 360- 438 -4849, or ARRA @esd.wa.gov. ARRA COM Federal lnteragency/EECBG Template Non Construction 6 Last Updated 02/09/2010 Exhibit A How to list ARRA jobs with the Employment Security (ESD) WorkSource system To help with the increased transparency and accountability that are required under the American Recovery Reinvestment Act (ARRA.), ESD's ARRA Business Unit will be the central point of contact for state agencies and their contractors for listing and tracking ARRA- funded jobs. Sten 1: State agencies notify ESD about ARRA funded contracts Within 2 days after awarding an ARRA- funded contract, state agencies should provide the following information to Employment Security's ARRA Business Unit: Name, phone number and address of contractor Title or short description of the contract Attachment C Report this information to ESD's ARRA Business Unit at ARRAritfesd.wa.eov. 877 453 5906 (toll free) or 360 438 4849. (Employment Security will use the information to verify that contractors comply with the requirement stated in Step 2.) Sten 2: List ARRA- funded lobs with ESD's WorkSource system State agencies, contractors and sub- contractors should contact the ARRA Business Unit to begin the process of listing their ARRA- funded jobs with the WorkSource system. The ARRA Business Unit may be reached at 877- 453 -5906 (toll- free), 360- 438 -4849 or ARRA,?esd.wa_eov. Here's what we'll do with the information: The ARRA Business Unit will relay the information to a business outreach lead at a WorkSource office in the employer's community. The business outreach lead will contact the employer to obtain the information necessary to list the job /s (create a "job order and to discuss the employer's recruitment needs and the services available through WorkSource. The WorkSource business outreach lead will search the agency's database for qualified applicants (based on job -skill requirements), screen potential applicants, and refer selected candidates to the employer for consideration. (Employers retain the right to use other or additional recruitment systems, and they make all hiring decisions.) Sten 3: Renort hirine information After completing the hiring process, the employer should contact the WorkSource business outreach lead to "close" the joh order and provide the following information: Job title Number of people hired Starting wage and hours This information will be used in reports and status updates to the governor, the federal government and the public. ARRA COM Federal Interagency /EECBG Template Non Construction 7 Last Updated 02/09/2010 W0 Frequently asked questions for ARRA employers Q2. What screening and assessment of skills does WorkSource conduct? A. We conduct a variety of screening and assessment. Contact your local WorkSource center to ask what assessment services are provided. 07. Is WorkSource able to coordinate job fairs or hiring events? Attachment C Q1. What services can 1 get when I list jobs with WorkSource? A. WorkSource staff screens and refers job seekers based on how well their skills meet your job requirements. The screening is done broadly or narrowly, depending on how many people you want to interview. WorkSource also can help you with free job advertising, pay -rate information, tax credits and information on employment laws and regulations. We're committed to helping your business succeed, 03. If the position requires a certain skill level, can WorkSource test applicants for math and reading levels or typing speed? A. WorkSource staff will pre screen applicants based on the qualifications that you need. Ask your WorkSource staff person about their ability to assess certain skills required for the position. Q4. Can we conduct Interviews at WorkSource? A. You can use space at WorkSource for mass application sessions, one -on -one interviews, or even group orientations. Contact your local WorkSource to check availability. 05. What is the anticipated hiring time? A. We recommend you plan ahead (7 -10 days), although you may hire when you choose. The job will be listed for you right away. Q6, What if WorkSource doesn't have job seekers with the skills and abilities that match our needs? A. WorkSource staff will look first for qualified local applicants. If no one is available, then the search is expanded to include other areas to see if applicants are willing to commute or relocate. During this recession, there is an unprecedented pool of qualified applicants. Our matching system has the unique capabilities to match skilled job seekers with available jobs. ARRA COM Federal Interagency /EECBG Template Non Construction 8 Last Updated 02/09/2010 Attachment C A_ Yes, WorkSource often coordinates large job fairs and targeted hiring events. Your local WorkSource staff can arrange the details such as date, availability of space, and the amount of time they need to help coordinate your hiring event. Q8. Do 1 have to list jobs and report hiring information to WorkSource? A. Yes. Even if you hire someone who already works for you in a different position, report the hire for contract requirements. Q9. Can 1 list my job opening with other sources like temp agencies or run a classified ad in the newspaper at the same time? A. You may recruit as broadly as you like. Just remember that a requirement of your Contract is to post contract- funded job openings with your WorkSource business representative and report all hiring information. Q10. What information Is being tracked by WorkSource? A. WorkSource tracks information about jobs listed, job candidates referred and the job openings filled. Q11. Who is the information being provided to? A. Participation and performance information is provided by the Employment Security Department to the U.S. Department of Labor. It also is being reported to the Governor, who is required by the federal Office of Management and Budget to report about jobs preserved and created during the recession. Q12. How long after placing the job order with WorkSource will it take before I can interview applicants? A. It could happen the same day if there are interested, qualified job seekers who apply right away. Typically, it may take a few days. Q13. What if I already have a job candidate (or a list of candidates), why do I have to list my jobs with WorkSource? You can hire anyone you want, but you need to report it to us. Listing your stimulus- funded jobs with WorkSource enables us to track how many jobs are created and filled. We will relay the information to the governor and the federal government, who are documenting the effects of the stimulus funding. ARRA COM Federal Interagency /EECBG Template Non Construction 9 Last Updated 02/09/2010 Know Your Rights Under the Recovery Act! Post this notice of the rights and remedies. Attachment C Did you know? The American Recovery and Reinvestment Act of 2009 iprovides protections for certain employees of non federal employers who make specified disclosures relating to possible fraud, waste and /or abuse or Recovery Act funds. Who is protected? Employees of non federal employers receiving recovery funds. This includes State and local governments, contractors, subcontractors, grantees or professional membership organizations acting in the interest of recovery fund recipients. How are Whistleblowers Protected? You cannot be discharged, demoted or otherwise discriminated against as a reprisal for making a protected disclosure. What types of disclosures are protected? The disclosure must be made by the employee to the Recovery Accountability and Transparency Board, an Inspector General, the Comptroller General, a member of Congress, a state or federal regulatory or law enforcement agency, a person with supervisory authority over the employee, a court or grand jury, or the head of a federal agency or his /her representatives. The disclosure must involve information that the employee believes is evidence of: Section 1553 of Division A, Title XV of the American Recovery and Reinvestment Act of 2009, P.L. 111 -5 gross mismanagement of an agency contract or grant relating to recovery funds; a gross waste of recovery funds; a substantial and specific danger to public health or safety related to the implementation or use of recovery funds; an abuse of authority related to the implementation or use of recovery funds; or a violation of law, rule, or regulation related to an agency contract or grant awarded or issued relating to recovery funds. Take Action! Log on to Recovery.gov for more information about your rights and details on how to report at www.recoverv.gov. ARRA COM Federal lnteragency/EECBG Template Non Construction 10 Last Updated 02/09/2010 rtir uia.crc; EXECUTIVE OFFICE OF THE PRESIDENT OFFi_:E Os= MANAGEMENT AND 8'JGGET 's'x'.4 rHrNc roN, o 2I OS M-1 cl-rn MEMO:R IN'DLM FOR THE HE v C 'EXECUTIVE DEPARTMENTS AGENCIES FROM: Per R. CUM! Director SUBJECT: Gu da .ce on section 163 of the Continuing Res*lut:on regarding the Association of Community Orgarizations .for .R.efon i Now (ACORN) October 7, 20CtP' This memorandum provides g"iidanc.e to Executive Branch agencies regarding the 'implementation of section 163 ate Cantina Mg Appropriations P esnh::t? on_ 2010_ ion B of Pub. L. No. 111-6a (C.R) which states: SEC. 163. None of the funds made available by this i *ict r solutiou or an prior Act may be provided to the Association of Community Organisations 'for Reform. Now (ACORN), or any of its of liates.-, subsidiaries, or a1 ied organizations. Your agenrry must immediately commence all necessary and appropriate steps to comply with section 163. Tf is includes the following: No/ m re obligations offlords. No aeencv or depart at should obligate or award any Federal! funds to ACORN or any of its affiaies, subsidiaries or allied organizations (collectively affilia during the perM of the CR.. To the extent Bahr agency alrea.dy ha.: determined. that funds should be obligated or awarded to ACORN or its affiliates but has not yet entered into .any agreement to provide such hands to ACORN or any of its aff.liates, your agency should notprovide Each finds, or enter i>:to any suck, agree:ann to do sue. As section 63 makes clear, it prohibition applies not on_ to the funding that i9 made avaiab]e by the Ctt, bur also to the funding that was made available by previously enacted statutes..! addition., the tea of section 163 is sufficiently broad to cover funding that MS made avallaVe for fiscal year (FY) 20'39 and prior Esca1 years, as well as fir.•thi. e that is or w•.il be made availab :e for FY 10. .Suspension arrant and row If your agency has an existing contract or mai agreement with ACORN o r its affiliates th e agency should: (i where permissible, immediately suspend performance of my ob1=_enaioers under the contract or agreement, mcludine payment of Federg funds; atd (iF consult promptly with the agency's general -coin and, if necessary, the Office of Management ent .and Budget Attachment D ARRA COM Federal Interagency /EECBG Template Non Construction 1 Last Updated 02/09/2010 (CM3' and :h ?p!: i: of Scsdce conce:mn.z. Lega3 COLIP.16.-:17.1i0E.S :1'2: bear an :1:E Of 1.11.:.1 obligationsLude::::le e:-.;isdng :on:Tact OT a:peen...fey. No folding of.4 COR24; and affilicse.s‘ ti.wasigrft Federal grcnr.e.es ar iNgne.roc,fars. Your ae:c iii1i tzle sleps so r.liat no 7,-7edera: finis are zwuied obliEzted by your T:ees OT COEMI.C1015: TO o i tffiales as 'mba 1111bin:Z.3.7.1.0n, or °rite: subrecipients. Becaus E.e.ctica 163 sties rhir. [i]on of the funds =v be pided," this pronibim-an appl:es 1.107. only to a iirec: recipien.r. of Fe.dera: funds bit: 'Asa to a FilbreCTieLl SITOCOLIMC:07, St'...n,ViCrefe.,. Or con".:acloT of a zranr.e.e.). We recomn.end rhar. your .7:E'EMCy: o moify a:L Federal El. "Z.11: and conrac.: of the y.. ohibkion conair..ed sectian )63. ani p:ovide them ',wit a copy affsii.: P.Fuidance doz.un:..u.:: and. cv: ?:L1Feiera1 ani-z recipients (a:, LO: :3 T F4r finis :c a: ir.E. affil:.ates as s.ubzranre.e.s. s or othez subre.ci :militate. wit 1i ntiance. (a) to your ai. of any FzElius; uteri:. FubC01171i1CtE 011:ET subretpient wit::: ACORN OT ir ,affil:ares a.:nd of 'now i. trints? c cou-sacr.o.7 is )::mna:2 comp]y with the olgattion. wit respezr to 7.1:o se *FX.bC0:11: Or Slf:treCipliBLI :f you he any que:17.ior i. z.aniceing this inezionindinn. plexse canna Preez?: D. E.7:nsal, OMB cii C ounsel and Senior Policy ar OGC mat: eor zov Attachment D ARRA COM Federal Interagency/EECBG Template Non-Construction 2 Last Updated 02/09/2010 City of Tukwila TO: Transportation Committee Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: March 1, 2010 INFORMATIONAL MEMORANDUM SUBJECT: Tukwila South Southcenter Parkway Extension Design Contract Amendment 04- 025(1) ISSUE Jim Haggerton, Mayor Authorize the Mayor to sign an amendment to Contract 04 -025 (I) (Supplement #9) with David Evans Associates (DEA) to complete the remaining design work for Southcenter Parkway Extension BACKGROUND DEA has been under contract to the City for design of Southcenter Parkway Extension, the relocated road piece of the Tukwila South Project, since 2004. The contract has been amended several times over the years to add additional funds and to adjust the scope of work. DEA completed "90% drawings" and these were used by others (Segale Properties, PSE, Highline Water District and others) to do their own design work. Attached is a summary of the contract amendments already approved. Southcenter Parkway Extension runs from S 180 Street to S 200 Street. The full right -of -way is within the city limits. A Possession Use Agreement for the new right -of -way and construction area was signed by Segale Properties and recorded. Section 4.3.1 of the Tukwila South Development Agreement states, in part: The City shall, using grant funds secured for this Project, promptly complete the final design of the extension and relocation of Southcenter Parkway from S. 180th Street to S. 200 Street "Southcenter Parkway Project" or "SCP Project'), including necessary sewer, water, stormwater, natural gas, power and telecommunications utility system improvements associated with this roadway improvement project (the "Final Design Plans'), as documented in the 90% drawings completed by David Evans and Associates dated September 2005 (the "90% drawings") and on file with the City. The City may use up to $300, 000 of the grant funds identified in Section 4.3.7 below for the purpose of completing the Final Design Plans; any costs to complete the Final Design Plans in excess of $300, 000 shall be borne by the City. INFORMATIONAL MEMO Page 2 DISCUSSION The scope of work for the contract amendment includes items needed to complete the last pieces of the design work. It also includes changes to the drawings, including access for Mitchell Moving Storage, fire hydrant relocations, sewer lift station relocations, and updated technical information. The cost for this scope of work is $221,033. When the Development Agreement was reviewed and adopted, the estimated cost to complete the design work was $300,000 and this figure was included in Section 4.3.1. Since then costs have increased as the necessary scope of work has changed. In October, 2009, Council approved Supplement #8 (contract amendment H) for $378,680. Segale Properties agreed that the City could use grant funds for the $78,680 above the amount specified in the Development Agreement. For the current contract amendment, the entire $221,033 will also come from the City's grant funds and Segale Properties has agreed. RECOMMENDATION Authorize the Mayor to sign an amendment to Contract 04 -025 (I) with David Evans Associates (DEA) to complete the remaining design work for Southcenter Parkway Extension at Council's March 8, 2010 Committee of the Whole meeting and forward to March 15, 2010 Regular Meeting ATTACHMENTS 1. History of DEA Contract for Design of Southcenter Parkway dated 2/17/2010 2. WSDOT cover page for contract amendment 04- 025(1) for DEA and Scope of work for contract amendment, labeled Exhibit B -2 (to the cover page) 3. Southcenter Parkway 2010 timeline (FYI) C:IDOCUME- 11susan\ LOCALS- 11Temp\XPGrpWise \InfoMemo SCP contract amend 3- 1- 1O_1.doc DEA Contract for Design of Southcenter Parkway History 02/24/2010 Original Contract Supplement #1 Supplement #2 Supplement #3 Supplement #4 Supplement #5 Supplement #6 Supplement #7 Supplement #8 Supplement #9 Supplement #10 TOTAL Amount 350,577.00 79,615.00 472,297.00 68,648.00 Original Fed/TIB design funds City General Fund State grants Approval Date 04/05/2004 11/29/2004 03/29/2005 08/15/2005 n/a 01/06/2006 n/a 01/23/2008 n/a 12/16/2008 n/a 06/09/2009 378,680.00 10/09/2009 221,033.00 1,570,850.0 Reason for Supplement Road design to (old) City Limits; sanitary sewer design (Minkler to S 200th St) Realignment of S 178th St; signal at S 178th St; sewer in S 178th St; Water Mink ler to S 180th St; design (old) City Limits to S 200th St Water from S 180th St to S 200th St Time change only Time change only Time change only Time change only Revisions to 90% drawings; 100% drawings, updated geotech; updated hyraulic; electronic bid docs; lift station relocation, Mitchell access detour Approval scheduled for March, 2010; revisions; utility coordination; time change approval April? Construction support, if needed WI Washington State Department of Transportation Supplemental Agreement Number 9 Original Agreement Number 04 -025 Project Number 84-RW 37 Project Title Southcenter Parkway Extension Project Description of Work Additional work required for the preparation of construction documents inicluding plans, specifications, and estimates (P.S. &E.) for the Southcenter Parkway Extension Project. Work includes the design of additional features as identified in Exhibit B -2 and project bid, add and award. The Local Agency of City of Tukwila desires to supplement the agreement entered into with David Evans and Associates, Inc. and executed on 4/5/2004 and identified as Agreement No. 04 -025 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Additional work as described in Exhibit IH 2. Organization and Address David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 Attn: Scott Soiseth Phone: 425 -519 -6590 Execution Date Completion Date 4/5/2004 5/31/2010 New Maximum Amount Payable 1,570,850.00 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: 5/11 /2010 111 Section V, PAYMENT, shall be amended as follows: Additional payement in the amount of $221,Q11 shall be added to the contract (See Exhibit R 2) as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: DOT Form 140 -063 EF Revised 9/2005 Scott R. Soiseth, Associate By: City of TukwiIa Consultant Signature Approving Authority Signature Date Basic Agreement Supplement #1 Supplement #2 Supplement #3 I Supplement #4-7 (Time Change Only) Supplement #8 Supplement #9 Total Direct Salary Cost $108,162.00 $26,088.00 $150,432.00 $22,383.00 n/a $115,785.00 $70,380.00 9493,230.00 overhead $183,833.00 $44,340.00 $260,188.00 $38,714.00 n/a $202,275.00 $122,954.00 $852,304.00 (including Payroll AddOves) Direct Non Salary Cost $26,133.00 $1,360.00 $16,547.00 $836.00 n/a $25,885.00 66,585.00 677,346.00 Fixed Fee $32,449.00 $7,827.00 $45,130.00 $6,715.00 n/a $34,735.00 $21,114.00 9147,970.00 Total $350,577.00 $79,615.00 6472,297.00 968,648.00 n/a 9378,680.00 9221,033.00 91,570,850.00 DOT Form 140-063 EF Revised 1097 Exhibit "A" Summary of Payments EXHIBIT B -2 CITY OF TUKWILA ENGINEERING DESIGN SERVICES SOUTHCENTER PARKWAY EXTENSION PROJECT 1.01 PROJECT DESCRIPTION SCOPE OF SERVICES SUPPLEMENT NO. 9 SECTION 1.00 PROJECT DESCRIPTION AND DELIVERABLES The objective of Supplement No. 9 is to document scope of work changes and to complete construction documents including plans, specifications, and estimates (PS &E) for the Southcenter Parkway Extension Project not included in the original contract or Supplements 1 through 8. The following task revisions are included in Supplement No. 9: Establish S 180 Street and S 200 Street right -of -way centerline. Establish horizontal and vertical control and additional topographic survey. Redesign the King County Metro bus pullouts based on updated design standards. Develop access location for new PSE substation. Relocate /redesign illumination system to back of curb to eliminate conflict with joint utility trench. Relocate /redesign signal system to eliminate conflict with joint utility trench. Develop temporary access to Seattle Tractor. Develop and evaluate three additional sites for the sewer lift station. Redesign sanitary sewer lift station at new selected site. Redesign sanitary sewer trunkline to tie into new sanitary sewer lift station design. Additional coordination with Highline Water and LaPianta to develop new waterline design. Redesign entire Highline water system. Develop temporary construction easement drawing and control sheet for plan set. Provide Bid Review and Award Recommendation. Develop alternate access drawings for the Gaco /Mitchell Access. Prepare overlay design for Southcenter Parkway from S 180 Street to Minkler Boulevard. Prepare overlay design for S 200 Street from the proposed Southcenter Parkway to the western limits of the waterline design. Prepare miscellaneous City exhibits. Prepare Temporary Construction Easement Display. Develop detour plan. Develop building demolition plan and specification 1.02 PROJECT DELIVERABLES FURNISHED BY THE CONSULTANT Section 1.02 of Supplement No. 8 is revised to the following: The Consultant shall maintain a project file for pertinent work items. These files will be delivered to the City at the conclusion of the project. In addition to the project files, the Consultant shall deliver the following documents and products to the City as part of this agreement: Meeting Minutes. p t\ tuka00000001\ 0000con \0030contract \0031add -ons \supplement no 9 \southcenter supplemental services #9 10_0223 doc DAVID EVANS AND ASSOCIATES, INC. 1 Scope of Services Pre -100% PS &E Progress Set to be submitted to WSDOT Local Programs. 100% Proof PS &E Contract Plans incorporating the revisions listed above. 100% Proof Cost Estimate. 100% Proof Special Provisions. 100% PS &E Contract Plans. 100% Cost Estimate. 100% Special Provisions. Engineer's Cost Estimate back -up data. Updated Hydraulic Report. Updated Geotechnical Report. Electronic Bid Documents provided to the Builders Exchange. Addenda. SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL SECTION 3.00 BASEMAPPING 3.01 BASEMAPPING Section 3.01 of Supplement No. 8 is supplemented with the following: S 180th Street and S 200th Street R/W Verification The Consultant shall provide the necessary professional surveying services to perform the field and office survey necessary to prepare a centerline alignment plan of the new Southcenter Parkway Extension and ties at S 180th Street and S 200th Street. This phase will include the research of county road plans and records, record of surveys, and plats; section and road monument field survey ties; plat and Record of Survey calculations; road alignment computations and resolution; and preparation of a survey map exhibit to depict the centerline alignment and ties to section lines. Establish Horizontal Vertical Control and additional Topographic Survey The Consultant shall provide the necessary professional surveying services to perform the field and office survey necessary to develop horizontal and vertical control for the project, develop a horizontal and vertical control basemap, and perform additional topographic survey at the tie -in to the existing Southcenter Parkway at Segale Drive C, B -Line Alignment, and C -Line Alignment. Completed Work Deliverables: Updated basemap and survey control sheet SECTION 4.00 DESIGN 4.01 REVISE SOUTHCENTER PARKWAY EXTENSION LAYOUT Section 4.01 of Supplement No. 8 is supplemented with the following: At the direction of the City, the Consultant shall revise the design of Southcenter Parkway based on the following: Redesign the King County Metro bus pullouts based on updated design standards. Develop access location for new PSE substation. Relocate /redesign illumination system to back of curb to eliminate conflict with joint utility trench. p t\ tuka00000001\ 0000con \0030contract \0031add -ons \supplement no 9 \southcenter- supplemental services #910_0223 doc DAVID EVANS AND ASSOCIATES, INC. 2 Scope of Services Relocate /redesign signal system to eliminate conflict with joint utility trench. Develop temporary access to Seattle Tractor. Develop and evaluate three additional sites for the sewer lift station. Redesign sanitary sewer lift station at new selected site. Redesign sanitary sewer trunkline to tie into new sanitary sewer lift station design. Redesign entire Highline water system. Develop temporary construction easement drawing and control sheet for plan set. In addition, the following plan elements required additional staff hours to complete than what was identified in Supplement No. 8. These items include: Roadway Plan and Profiles at Segale Park Drive C, B -Line, and C -Line due to updated topographic survey information. Channelization Plans. TESC plan preparation based on information provided by LaPianta. Storm Drainage Plan and Profiles. Landscaping and Irrigation Plans. Stream E mitigation Plans. Electrical design for sanitary sewer lift station. Deliverables: 100% Proof Plans (10 copies, half -size 11" x 17 100% Proof Contract Special Provisions (10 hard copies) 100% Proof Engineer's Estimate (3 hard copies) 4.03 ASSISTANCE DURING BID PERIOD Section 4.03 of Supplement No. 8 is revised to the following: The Consultant shall provide assistance during the ad period for construction bids consisting of attending a pre- construction meeting, assisting the City in responding to bidder questions, and preparing addenda. It is assumed that 112 hours total will be required to prepare the addenda. 4.04 BID REVIEW (NEW SECTION) The Consultant shall review the proposal of the apparent low bidder and check references to assist the City in awarding the Contract. The Consultant shall attend the bid opening, prepare a bid tabulation, review the unit bid costs in the proposal, compare them with unit costs of other bidders, and note whether any major discrepancies are present. The Consultant shall call the references listed on the apparent low bidder's "Responsible Bidder Determination Form The Consultant shall prepare a list of questions to ask the references and shall document their responses. The responses shall be sent to the City for their review. The Consultant shall prepare an award letter of recommendation to award a contract to the lowest responsible bidder. Deliverables: Bid Tabulation Reference Check Forms Letter of recommendation to award bid p:\ t\ tuka00000001\ 0000con \0030contract \0031add -ons \supplement no 9 \southcenter supplemental services #9 10_0223.doc DAVID EVANS AND ASSOCIATES, INC. 3 Scope of Services SECTION 9.00 MISCELLANEOUS DESIGN SERVICES The CONSULTANT shall provide miscellaneous work to support other design elements of the project. The following miscellaneous design work included in Supplement No. 9 includes: A. Develop alternate access drawings for the Gaco /Mitchell Access. B. Prepare overlay design for Southcenter Parkway from S 180 Street to Minkler Boulevard. Prepare overlay design for S 200 Street from the proposed Southcenter Parkway to the western limits of the waterline design. C. Prepare miscellaneous City exhibits (32 hours maximum). D. Prepare Temporary Construction Easement Display. E. Develop detour plan. F. Develop Building Demolition Plan and Specification. p:\ t\ tuka00000001\ 0000con \0030contract \0031add -ons \supplement no. 9 \southcenter supplemental services #9 10_0223 don DAVID EVANS AND ASSOCIATES, INC. 4 Scope of Services Supplement No. 9 Southcenter Parkway Extension Project Summary Classification Hrs. x Rate Cost 1 Quality Assurance /Quality Control 22 $57.75 $1,270.50 2 Project Manager 67 $57.75 $3,869.25 3 Senior Professional Engineer 325 $58.80 $19,110.00 4 Professional Engineer 160 $43.05 $6,888.00 5 Design Engineer 316 $31.50 $9,954.00 6 CADD Manager 320 $40.43 $12,936.00 7 Sr. Traffic Engineer 54 $58.80 $3,175.20 8 Traffic Engineer 32 $43.05 $1,377.60 9 Sr. Landscape Architect 25 $40.90 $1,022.44 10 Sr. Landscape Designer 36 $32.24 $1,160.46 11 Senior Prof. Land Surveyor 32 $50.40 $1,612.80 12 Survey Tech. 70 $31.50 $2,205.00 13 Survey Crew 64 $49.35 $3,158.40 14 Administrative Assistance 94 $28.09 $2,640.23 Total Hrs. 1617 $70,380 Direct Salary Cost $70,380 Subtotal $70,380 Overhead Cost Net Fee Subtotal 174.70% of Direct Labor 30.00% of Direct Labor Direct Non -Salary Cost a) Deliveries/ Mail 5 Each $15.00 /Each $75.00 b) Reproduction: Half Size Plans Sets 15 Each $110.00 /Each $1,650.00 Full Size Plan Set 1 Each $600.00 /Each $600 Reports 15 Each $50.00 /Each $750 c) Hydraulic Modeling Lump Sum $1,000 d) Travel (Personal Miles) 200 Miles $0.550 /Mile $110.00 e) Utility Tone Marking (APS) $0.00 Subtotal $4,185 Subconsultant R &W $2,400 DEA Total to Complete Project J $221,033 Page 1 P:\ t\ TUKA00000001\ 000000N \0030Contract \0031Add -Ons \Supplement No. 9\Southcenter- Supplemental Services #9 10_0223_revised3.xls $122,954 $21,114 $214,448 Printed 2/24/2010 3.00 3.01 A B C D 4.00 IDesign 4.01 A B C Final PS &E Preparation Basemapping Basemapping S. 180th to Minkler Field Walk On -call surveying S 180th Street and S 200th Street R/W Centerline I Establish Horz -Vert Control Additional Topo `Task "3.Q Total Revise Southcenter Parkway Extension Layout Bike Lane Elimination September 2009 90% Comment Resolution 100% Proof Plans Preparation Roadway plans /profiles Segale Drive C HorizontalNertical Realignment Station 118 +50 intersection realignment Channelizatlon and signing plans TESC Plans /Details Miscellaneous details Storm drainage plans and details Stream E Conveyance PIaNProfile Retaining Wall Water /Sewer plans Sanitary Lift Station PRV plans Intersection plans Signal design Steam E Enhancement plans Right -of -way plan Illumination design Landscape plans and details Irrigation plans and details Dry utilities Engineer's estimate quantities Specifications Design submittal production SUPPLEMENT NO. 9 Southcenter Parkway Extension Project Estimated Person -hours Summary 1 2 3 4 5 1 6 7 8 9 1 10 11 12 13 14 1 O C U w d T U j W N N N 2 m c N O o 5 W W !1 O Q O c C `w C Q A m W d rn I 'al O dl J C N C N m L 3 N O C W V C NN O y N N a n. .2 w w N v 6: 1' 0 c c 1 o c o rn p J J Z Z E D EA R &W O a co a o U rn t- in rn to 1n co Total DEA Total Electrical Total Vat. Total. Total Totat, Total Total. Total Total _.Total Totat'Total Total Total Total Total Total Total Total .'_'firs r t i t s hrs' t s .hrs hrs' -..hrs hrs hrs hrs hrs hrs hrs hrs hrs .1$ I I I I I I I I I I I 2 1 1 1 2 8 1 2 1 2 l I 10. 4 14 8 7 80 1 I I 4 6 40 1 50 14 80 120 2 88 100 20 I I A 1 32 I 12 40 1 20 80 12 54 1 24 1 PV\ TUKA000WW1` 000000N0030Contract10031AddOns \Supplement No. 915o0fcenter- Supplemental Services #910 0223 reviced3 XIS Page 2 10 1 16 32 1 1 10 10 5 10 10 1 18 12 22 1 44 52 32 62 64 6 2 4 30 47 134 181 $6.125 $17,881 $24,006 119 1 $15,690 22 $2,771 90 $11,966 258 $33.945 270 $35,570 20 51,920 66 511.153 26 52.818 70 $9.617 20 $2,228 15 51.605 58 $6,464 62,400 $6.125 517,881 $24,006 515,690 $2.771 511,966 $33.945 $35.570 $4,320 $11,153 52.818 59,617 $2,228 51.605 56,464 2/24/2010 4.03 Assistance During Bid Period A Pre-construction meeting B Responding to bidders questions C Addenda 4.04 Bid Review I A Bid Review and Award Recommendation I T Miscellaneous Design Services A Gaco/Mitchell Driveway Alternatives SSP/200th and 180th Overlay C Prepare Miscellaneous City Exhibits D Prepare Temporary Construction Easement Display E Prepare Detour Plan Sheet 1 Sheet) F Prepare Building Demolition Plan and Specification SUPPLEMENT NO. 9 Southcenter Parkway Extension Project Estimated Person-hours Summary 2 3 4 5 6 7 8 9 10 1 11 PATUKA000C0001.90000NZ030Cor6'act6'031Add-Ons \Supplement No. 9 \Southcenter Supplemental Services 89 10_0223_revised3.xls Page 3 12 13 14 1 fa. g 1 1 To cn LLI ID W C 0 i W 1,3 't 'I' 8 3 g i fg T g Lt .'t 13 f; t 1 2 o 0 .2 1 5 g g ,f, a_ 1- 0 2-g, t .1. 1 .K. 2 r= t 3 2 .g. 4 4 i DEA (53 (I) (I) Total DEA Total Total. Total tOtSt 'TOW Total Total Total Total Total Total- Total Total Total Total •Total hrS'.. hrs "hrs hrs Airs' hrs hrs hrs hrs hrs hrs 1 1 1 1 1 4 4 1 1 I 1 1 1 8 $1.421 4 8 1 4 1 I 1 1 I 16 52.662 8 16 1 16 16 1 40 1 16 112 1 $14,205 4 8 1 40 1 1 40 92 1 $12.701 86 1262 6166,736 4 4 8112 4 8116 1 16 8 1 16 100. 312 280 54 '32 25 36 8 24 16 8 I 4 4 212 1 81 1 1 2 1 1 .,:i 7. Tisk_9.01 :4 :10 :26- 60 4 60 8 2 174 523,706 523,706 I Expenses1 1 I 1 1 1 1 1 1 1 1 54,185 1 1 54.185 i alOiE0TTQTA1:6 425 -...i50:;. .320, .54 32 25 f 36 32 70 64 94 1617 5218,633 -52,400 $221,033 32 56 32 32 8 14 $4.697 $7,896 54,070 $4.300 $877 $1,867 R8W Electrical Total Total -Total 52,400 $1,421 $2,662 $14,205 $12.701 $169136 $4.697 $7,896 $4.070 $4.300 5877 $1,867 2/24/2010 Southcenter Parkway 2010 timeline 2 -25 -10 Activity 1. DEA delivers 100% Plans, Specs, Eng Est to City 2. CM review, shortlist, interview, references 3. CM interviews (up to 4 firms) 4. Advertise Contractor bid 5. CM select 6. Negotiate contract with CM 7. Contractor bid due, bids opened 8. TIB March Board Meeting (Wenatchee) 9. Contractor bid review, background, interview 10. CC Transportation Committee 11. Corps of Engineers issues "404" permit 12. City Council COW Meeting discuss Contractor bid award CM award TIB contract CERB contract State Capital Projects contract Highline Water District ILA 13. City Council Regular Meeting award /authorize Contractor bid award CM award TIB contract CERB contract State Capital Projects contract Highline Water District ILA 14. Mayor signs contracts with CM and Contractor, City issues Notice to Proceed 15. Construction starts Start Date February 10 February 24 March 8 March 25 March 18 End/Due Date January 13 March 5 February 25 February 25 March 5 March 12 March 18 March 26 April 1 April 5 April 5 April 12 April 19 April 20 May 3