HomeMy WebLinkAboutReg 2014-07-21 COMPLETE AGENDA PACKETMonday,
L
040
.y
Tukwila City Council Agenda
G: • REGULAR MEETING •
"" Jim Haggerton, Mayor Councilmembers + Joe Duffie + Dennis Robertson
David Cline, CityAdministrator + Allan Ekberg + Verna Seal
De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller
July
EXECUTIVE SESSION — 6:15 PM — 7:00 PM
Collective Bargaining — Pursuant to RCW 42.30.140(4)(a)
(45 minutes)
4 LOCATION: Hazelnut Conference Room (CR #3)
21, 2014; 7:00 PM • Ord #2444 • Res #1834
1.
CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2.
SPECIAL
PRESENTATION
An update on the King County Committee to End Homelessness.
Mark Putnam, Director
3.
PROCLAMATIONS
A proclamation recognizing August 5, 2014, as "National Night Out
Against Crime" in Tukwila.
Pg.1
4.
CITIZEN
COMMENT
At this time, you are invited to comment on items not included on this agenda
(p /ease limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
5.
CONSENT
AGENDA
a. Approval of Minutes: 7/7/14 (RegularMtg.)
b. Approval of Vouchers.
c. A resolution adopting the 2013 Comprehensive Water Plan and
providing for water service policies for the City, and repealing
Resolution Nos. 873, 1264, 1424 and 1632. (Reviewed and forwarded
to Consent by Utilities Committee on 7/7/14.)
d. Authorize the Mayor to sign Supplement No. 2 to contract #13 -160
with KPG, Inc., for construction management services for the
Thorndyke Safe Routes to School Project in the amount of
$136,894.64. (Reviewed and forwarded to Consent by Transportation
Committee on 7/14/14.)
e. Authorize the Mayor to sign a consultant agreement with KPG, Inc., for
engineering design services for the South 144th Street Phase II Project
in the amount of $297,913.98. (Reviewed and forwarded to Consent
by Transportation Committee on 7/14/14.)
f. Authorize the Mayor to sign a contract with Heartland, LLC, for a
feasibility study relating to how the Landscape Conservation and Local
Infrastructure Program can promote redevelopment in the amount of
$42,060.00. (Funding for this study is through a federal grant
accepted by the Council in May 2014.) (Reviewed and forwarded to
Consent by Community Affairs and Parks Committee on 7/15/14.)
g. Authorize the Mayor to sign the grant acceptance from the Washington
State Salmon Recovery Funding Board for the construction of the
Duwamish Gardens Project in the amount of $949,434.00. (Reviewed
and forwarded to Consent by Community Affairs and Parks Committee
on 7/15/14.)
Pg.3
Pg.11
Pg.29
Pg.51
Pg.95
REGULAR MEETING
Monday, July 21, 2014
Page 2
6. UNFINISHED
BUSINESS
a. An ordinance amending Ordinance No. 2303 §10 (part), as codified at
Tukwila Municipal Code Section 19.36.050, to update the regulations
for freeway interchange signs.
b. A resolution authorizing the issuance of checks in payment of claims
before the Council has acted to approve such claims.
Pg.125
Pg.131
7. NEW BUSINESS
8. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report
d. City Attorney
e. Intergovernmental
Pg.135
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings - Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
ussolr
Office of the Mayor
City of Tukwila, Washington
PROCLAMATION
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a
unique, nationwide, crime, drug and violence prevention program on Tuesday, August
5, 2014 entitled National Night Out; and
WHEREAS, this is the 31' Annual National Night Out and it provides a unique
opportunity for the City of Tukwila to join forces with thousands of other communities
across the country in promoting cooperative, police- community crime prevention
efforts; and
WHEREAS, The City of Tukwila plays a vital role in assisting the Tukwila
Police Department through joint crime, drug and violence prevention efforts in the City
of Tukwila; and
WHEREAS, it is essential that all citizens of the City of Tukwila be aware of
the importance of crime prevention programs and the impact their participation can
have on reducing crime, drugs and violence in the City of Tukwila; and
WHEREAS, police - community partnerships, neighborhood safety, awareness,
and cooperation are important themes of the National Night Out program;
NOW THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do
hereby proclaim August 5, 2014:
National Night Out Against Crime
in the City of Tukwila and encourage all citizens to join me, the Tukwila Police
Department and the National Association of Town Watch in supporting this event.
Presented at the City Council meeting this 21st day of July, 2014.
Jim H , Mayor
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a
COUNCIL AGENDA SYNOPSIS
Initials ..............
M eetn Date
by
May ors rep ew
Council ncz review
07/21/14 ...................Prepared
BG.......................
.,.......
......
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date 07/21/14
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police @ PW/
SPONSOR'S This Resolution will approve the updated Comprehensive Water Plan. Additional
SUMMARY components were added to the 2005 Water System Plan that include; changes in
regulations required under the Washington State Department of Health, a map book
showing a schematic of our water lines and fire water flows, and completed Capital
Improvement Program projects. Council is being asked to approve the Resolution adopting
the 2013 Comprehensive Water Plan.
REVIEWED BY
❑ COW Mtg.
ITEM INFORMATION
ITEM No.
5.C.
3
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DAT1 :: 07/ 21/14
AGENDA ITEM TITLE Resolution Adopting the 2013 Comprehensive Water Plan
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
I Resolution
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date 07/21/14
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police @ PW/
SPONSOR'S This Resolution will approve the updated Comprehensive Water Plan. Additional
SUMMARY components were added to the 2005 Water System Plan that include; changes in
regulations required under the Washington State Department of Health, a map book
showing a schematic of our water lines and fire water flows, and completed Capital
Improvement Program projects. Council is being asked to approve the Resolution adopting
the 2013 Comprehensive Water Plan.
REVIEWED BY
❑ COW Mtg.
❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
@ Utilities
DATE: 07/07/14
RECOMMENDATIONS:
SPONSOR /ADMIN.
Commrr
Public Works Department
111 Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGE 11 1.) APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: 401 WATER FUND
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/21/14
MTG. DATE
ATTACHMENTS
07/21/14
Informational Memorandum dated 07/03/14
Draft Resolution
Electronic copy of the Comprehensive Water Plan is on City's website
Minutes from the Utilities Committee meeting of 07/07/14
3
4
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: /701
Giberson Public Works Director/
BY: Mike Cusick, Senior Program Manager
DATE: July 3, 2014
SUBJECT: Comprehensive Water Plan
Project No. 91040101, Contract No. 10-055
Resolution to Adopt 2013 Comprehensive Water Plan
ISSUE
Adopt by Resolution the 2013 Comprehensive Water Plan.
BACKGROUND
The City of Tukwila (City) hired Caro llo Engineers in 2010 to update our Water and Sewer
Comprehensive Plans, The Comprehensive Plans are updated to reflect changes in regulatory
requirements for water and sewer utilities within the City systems. The Comprehensive Water Plan
was last updated in 2005 and did not reflect changes in regulations required under the Washington
State Department of Health (DOH). The Comprehensive Plans also needed to be updated to
include completed Capital Improvement Projects and newly identified needs. After the City Council
passes a Resolution adopting the Comprehensive Water Plan, it will be submitted to DOH and King
County for approval.
DISCUSSION
The updated 2013 Comprehensive Water Plan contains the following overall changes:
• Provide a demographic analysis summarizing the population, employment, and land use
projections for the City.
• A map book was added showing a schematic of the water lines within the City's water system.
• New/revised list of recommended Capital Improvement Projects.
• Develop a series of maps showing fire water flows with the City's water system.
• Developed a funding strategy that will provide financial strength and viability for the City to
implement the schedule of capital improvements.
• Developed accurate flow projections for the water system to forecast future expansion needs.
• Describe and inventory the City's water distribution system.
The Comprehensive Water Plan is available on the City's website at
www.tukwilawa.qov/pubwks/water/2013ComprehensiveWaterPlan.pdf and on the Z drive in the 2013
Comprehensive Water Plan folder.
RECOMMENDATION
Council is being asked to adopt by Resolution the 2013 Comprehensive Water Plan and consider this
item on the Consent Agenda at the July 21, 2014 Regular Meeting.
Attachment: Draft Resolution
W: PW Eng1PROJECTS1A- WT Projects\Water Comprehensive Plan - Water (91040101)\ Info Memo Resolution to Adopt 2013 Water Comp Plan JUNE 20 FINAL.docx
5
6
RAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING THE 2013
COMPREHENSIVE WATER PLAN AND PROVIDING
FOR WATER SERVICE POLICIES FOR THE CITY,
AND REPEALING RESOLUTION NOS. 873, 1264, 1424
AND 1632.
WHEREAS, the City of Tukwila is an Optional Municipal Code city, subject to the
duties imposed under the provisions of Chapter 35A of the Revised Code of
Washington; and
WHEREAS, the Comprehensive Water Plan identifies specific actions and
strategies to manage and control the quality of the water system in Tukwila; and
WHEREAS, the City Council of the City of Tukwila has deemed it desirable to
adopt a Comprehensive Water Plan in accordance with the provisions of WAC 246-
290 -100;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The 2013 Comprehensive Water Plan and Appendices dated July
2013, prepared by Carollo Engineers, are hereby adopted by this reference as if set
forth in full.
Section 2. The Comprehensive Water Plan shall be revised every six years to
reflect changes in the City of Tukwila's Capital Improvement Program, which requires
facility modifications, as it relates to the standards outlined in WAC 246- 290 -100.
Section 3. Repealer. Resolution Nos. 873, 1264, 1424 and 1632 are hereby
repealed.
W: \Word Processing \Resolutions \Comprehensive Water Plan adopted 7 -2 -14
MC:bjs
Page 1 of 2
7
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
Attachment: 2013 Comprehensive Water Plan and Appendices
W: \Word Processing \Resolutions \Comprehensive Water Plan adopted 7 -2 -14
MC:bjs
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Page 2 of 2
UTILITIES COMMITTEE
Meeting Minutes
July 7, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building
City of Tukwila
Utilities Committee
PRESENT
Councilmembers: Kate Kruller, Chair; Allan Ekberg, Kathy Hougardy
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Pat Brodin, Gail
Labanara, Laurel Humphrey
CALL TO ORDER: The meeting was called to order at 5:15 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Resolution: Comprehensive Water Plan
Staff is seeking Council approval of a resolution that would adopt the 2013 Comprehensive Water
Plan which is an update that reflects changes in regulatory requirements as well as completed
Capital Improvement Projects and emergent needs. Following passage by the City Council, it will be
submitted to the Department of Health and King County for approval. Committee members asked
clarifying questions, and discussion ensued about merger potentials, funding, and future
development needs. UNANIMOUS APPROVAL. FORWARD TO JULY 21, 2014 REGULAR
CONSENT AGENDA
III. MISCELLANEOUS
Meeting adjourned at 5:34 p.m.
Next meeting: Monday, July 21, 2014 — 5:15 p.m. — Foster Conference Room
-L j Committee Chair Approval
Minutes by LH, Reviewed by GL
9
10
Ito
COUNCIL AGENDA SYNOPSIS
Meeting- Date
07/21/14
Prepared b;
BG
Magyar i sreview
W
Council review
ITEM INFORMATION
ITEM No.
5.D.
11
1STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 07/21/14
AGENDA ITEM TITLE Thorndyke Safe Routes to School Project
Construction Management Supplement No. 2 with KPG, Inc.
CATEGORY ❑ Discussion
Mtg Date
L
Motion
Date 07/21/14
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police L PEV
SPONSOR'S KPG, Inc. is currently the design consultant for the Thorndyke Safe Routes to School
SUMMARY Project with Contract No. 13 -160. Engineering firms were evaluated for construction
management services and KPG was chosen as the most qualified. The construction bid was
awarded by Council on 6/23/14. Council is being asked to approve Supplemental
Agreement No. 2 to Contract No. 13 -160 with KPG for construction management services
in the amount of $136,894.64.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm.
DATE: 07/14/14 COMMIT. I'EE CHAIR:
0 Transportation
Cmte
❑ Planning Comm.
ALLAN EKBERG
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
1.APENDITUREREQUIRED A\1Ot NI BUDGETEI) APPROPRIATION REQUIRED
$136,894.64 $1,487,000.00 $0.00
Fund Source: 103 RESIDENTIAL STREETS (PAGES 4, 2014 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/21/14
MTG. DATE
ATTACHMENTS
07/21/14
Informational Memorandum dated 07/11/14
Construction Management Selection Matrix
Page 4, Proposed 2015 CIP
Supplemental Agreement No. 2 to Contract 13 -160
Minutes from the Transportation Committee meeting of 07/14/14
11
12
0
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
------^-~'--^~--`-`'~-
/monspw��x/�n«°wmmmmuz�e
FROM: Bob Giberson, Public Works Director
BY: Grant Griffin, Senior Program Manager
DATE: July 11,2W14
SUBJECT: l[hormdyke Safe Routes to School Project
Project No. 91210302, Contract No. 13-160(b)
Supplemental Agreement No. 2 with KPG, Inc.
ISSUE
Approve Supplemental Agreement No. 2 to consultant Contract No. 13-160 with KPG, Inc. for
construction management (CM) services.
BACKGROUND
Base Contract No. 13-160 with KPG provided design services for the Thorndyke Safe Routes to
School Project. Council awarded the construction contract to Road Construction Northwest, Inc. on
June 23, 2014 for the residential Street improvements to S 150th St between Tukwila International
Blvd and 42"oAve S. KPG's Supplemental Agreement No. 2 will provide construction management
(CM) support during the construction phase. Construction is anticipated to begin in July.
ANALYSIS
KPG, Inc. was determined to be the most qualified to perform the {}M work for this project. KPG
offers services that include construction management, construction inspection, transportation,
natural resources, and environmental engineering and sciences.
BUDGET SUMMARY
The cost negotiated with KPG for $136,894.64 is reasonable for the size and scope of the
Thorndyke p ject.VVithSupp|enlOntNo.2'thetot8|COntraotannountfordooignondnonatructi0n
management will bB$211.842.45.An in-house Project |nSpmctOrh8Sbeenassignedtovvorkvvith
the Consultant and P ject Manager to successfully complete this residential street pr ject.
Contracts 2014 Budget
Construction Bid Amount Q1.136'256.00 $ 567'000.00
Contingency (10%) 113'625.60
Construction Mgmt KPG 136'894.64 55.000.00
City In-house CM Staff 83'105.36
Annual Overlay Program 300.000.00
Interurban Ave S Budget Balance 295'000.00
Annual SmaII Drainage 270.000.00
Total $1.44S881.60 $1,487 000.00
RECOMMENDATION
Council is being asked to approve Supplemental Agreement No. 2 to Contract No. 13-160 for
construction management services with KPG, Inc. in the amount of $136.894.64 for the Thorndyke
Safe Routes to School Project and consider this item on the Consent Agenda at the July 21, 2014
Regular Meeting.
Attachments: CM Consultant Selection Matrix
Proposed 2015 CIP, page 4
Consultant Agreement
w^nwEny\ PROJECTS *mwuxx Projects o"w Routes ."School r^","dy^°m,c,omn/\Cw Management "m Memo r^"."o,wCwmom"'xps.uoc
14
Thorndyke Safe Routes to School
Project No. 91210302
Construction Management Consultant Selection Matrix (MRSC
Statement of Qualifications and Telephone Interviews)
DEA Associates
WH Pacific
Anchor QEA, LLC
c
Q.
Paving project design and construction experience.
4
4
2
4
Current knowledge of FHWA, State, and Tukwila Standards and Procedures
4
4
4
5
Environmental experience
3
3
5
4
Experience with similar federal aid projects in Tukwila
3
5
5
5
Expertise using Federal funds
4
4
4
4
Small scale projects
4
4
1
5
Experience with WSDOT Project Management Reviews (Phone)
4
5
5
4
TOTAL
26
29
26
31
For each category, highest score is 5 (with the lowest 1)
Consultant with the highest score is ranked the best.
Staff: Grant Griffin
Selection Date: 6/17/14
Selected Consultant: KPG, Inc.
Selection Justification: This firm has demonstrated relevant project experience, and they seem to have exceptional familiarity with WSDOT/
FHWA standards, and a solid DBE approach and commitment. Based on overall score KPG prevailed. This scoring was based on
information included in the firm's Statement of Qualification included in the MRSC Roster as well a telephone conversation to obtain specific
information not generally included online.
W: \PW Eng \PROJECTS \A - RW & RS Projects \Sate Routes to School - Thorndyke (91210302) \CN Management \Consultant Selection \ ThorndykeSRTS _CNMGMTselectionSheet .als
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2015 to 2020
PROJECT: Thorndyke Safe Routes to School Project No. 91210302
Construction of roadway improvements and new sidewalk on the north side of S 150th St between Tukwila
DESCRIPTION:
International Blvd and 42nd Ave S. Also a new crosswalk on S 150th St in front of Thorndyke Elementary.
Enhance safety for students walking and biking to Thorndyke Elementary and encourages alternate
JUSTIFICATION:
� transportation choices.
STATUS: This route is one of the high priority missing sidewalk areas prioritized as part of Walk and Roll Plan.
MAINT. IMPACT: Negligible.
COMMENT:
WSDOT Safe Routes to School Federal grant for $457K. Surface water on6150th St is also programmed
for $270k (see SDP on page 82). Eduoation, enfnrcemen1, and encouragement are included as part of the
Safe Routes to School grant requirements and $57k is programmed iri 2015.
FINANCIAL Through Estimated
(in $000's)
2013 2014 2015
2016
2017
2018
2019
2020
BEYOND TOTAL
EXPENSES
Design
27
49
57
133
Land(R/VV )
0
Const . Mgmt.
200
200
Construction
1.250
980
TOTAL EXPENSES
27
1.229
57
0
0
0
0
0
0
1.313
FUND SOURCES
Awarded Grant
22
384
51
457
Proposed Grant
0
Surface Water
270
0
Mitigation Expected
0
City Oper. Revenue
5
845
6
0
0
0
0
0
0
856
TOTAL SOURCES
27
1,229
57
0
0
0
0
0
0
1.313
Project Location
16 2015 - 2020 Capital Improvemen Program
4
wimin! TransPortagan
Supplemental Agreement
Number 2
Organization and Address
KPG, Inc.
753 9th Avenue N
Seattle, WA 98109
Phone:
Original Agreement Number
13 -160
Project Number
91210302 / SRTS- 1320(003)
Execution Date
10/10/2013
Completion Date
12/31/2014
Project Title
Thorndyke Elementary Safe Routes to School
New Maximum Amount Payable
$ 211,842.45
Description of Work
Provide construction engineering and documentation support to City project manager and inspector for
pre- construction, construction and closeout activities.
The Local Agency of City of Tukwila
desires to supplement the agreement entered into with KPG, Inc.
and executed on 10/10/2013 and identified as Agreement No. 13 -160
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:
Provide construction support services in accordance with Exhibit A -2
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: Nn Chang in time for nnmpletinn
111
Section V, PAYMENT, shall be amended as follows:
Payment shall he in accordance with Exhibit F -2 attached hereto provided that the total amount of payment to
the Conultant for this work not exceed $136,894.64 without written modification to the agreement by the City.
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:
Nelson Davis, Principal By:
DOT Form 140 -063 EF
Revised 9/2005
Consultant Signature Approving Authority Signature
Date
17
EXHIBIT A -2
City of Tukwila
Thorndyke Elementary
Safe Routes to School
SCOPE OF WORK
July 8, 2014
Supplement No. 2
Construction Services
This work will be to provide construction services for the construction contract to complete the
Thorndyke Elementary Safe Routes to School Project (hereinafter called "Project "). These services will
include project management, materials testing, and construction documentation during the construction of
the project, as detailed below. KPG ( "Consultant ") will provide assistance to the City of Tukwila,
Washington ( "City ") staff assigned to the project to provided construction services as described below:
I. INTRODUCTION
The following scope of services and associated costs are based upon the assumptions outlined below.
Assumptions:
• The City will provide project management and full time inspection for construction management of
the Thorndyke Elementary School Safe Routes to School project.
• The Consultant shall support the City project manager and inspector by providing construction
engineering services (submittal reviews, RFI's, etc.), preconstruction services, running weekly
construction meetings, pay estimate assistance, and setup and review of project files in accordance
with LAG Manual requirements for FHWA funded projects. The proposed consultant project team
will include a part-time resident engineer (1.5 day /week average), a part -time documentation
specialist (1.5 day /week average), design team engineering support during construction activities,
necessary sub - consultants to provide services for materials testing, and other supporting tasks as
deemed necessary. The level of services is based on project duration of approximately 4 months, or
approximately 100 calendar days for construction.
• Services will be performed in accordance with the Local Agency Guidelines (LAG) and the WSDOT
Construction Manual.
Project Objectives
The objective and purpose of this Construction Services Agreement is for the Consultant to assist City
staff to successfully deliver the construction of the Project by ensuring that all of the required Project
documentation is accounted for, and ultimately that the City receives an outstanding review by WSDOT
local programs at the end of the Project.
Thorndyke SRTS KPG
Supp 2 - Construction Services 1 of 7 July 8, 2014
18
EXHIBIT A -2
II. SCOPE OF WORK
TASK 1— MANAGEMENT /COORDINATION /ADMINISTRATION
Provide overall project management, coordination with the City, monthly progress reports, and invoicing.
This effort will include the following elements.
• Organize and layout work for project staff. Prepare project instructions on contract
administration procedures to be used during construction.
• Review monthly expenditures and CM team scope activities. Prepare and submit project progress
letters to the City along with invoices describing CM services provided each month. Prepare and
submit reporting required by funding source(s), if any.
Deliverables
• Monthly invoices and progress reports
TASK 2 — PRECONSTRUCTION SERVICES
2.1 Prepare the Record of Materials (ROM): The Consultant shall prepare the ROM to aid
consultant, City and Contractor staff to track material submittals and testing throughout the
project.
2.2 Right of Entry Support: Develop a matrix of property owners that will document
commitments to each property owners, property restoration, and other related impacts. Assist
the City with any right of entry agreements that have not been previously secured.
2.3 File Setup: Attend meeting with City Project Manager to review standard Consultant and City
file systems and develop file structure for management of the project.
2.4 Field Review: Perform plans in hand field review with inspector and project engineer to review
the overall scope, identify challenging areas, and identify traffic concerns to be addressed in the
Contractors traffic control plans.
2.5 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of,
and conduct a preconstruction conference in the City's offices. The Consultant's project
manager, project engineer, document control specialist, and inspector will attend the
preconstruction conference. The Consultant will prepare a written record of the meeting and
distribute copies of the minutes to all attendees and affected agencies, staff, etc.
At the Pre- construction conference, the Consultant shall facilitate discussions with the
Contractor concerning the plans, specifications, schedules, and issues with utilities, unusual
conditions, federal, state, and local requirements, EEO, DBE, and any other items that will
result in better project understanding among the parties involved.
Deliverables
• Record of Materials (ROM)
• Preconstruction conference agenda with meeting minutes
Thorndyke SRTS KPG
Supp 2 - Construction Services 2 of 7 July 8, 2014
19
EXHIBIT A -2
TASK 3 — CONSTRUCTION SERVICES
A. FIELD SERVICES
3.1 City field inspection staff will perform the following duties as a matter of their daily activities:
i. Observe technical conduct of the construction, including providing day -to -day contact
with construction contractor, City, utilities, and other stakeholders, and monitor for
adherence to the Contract Documents.
ii. Observe material, workmanship, and construction areas for compliance with the Contract
Documents and applicable codes, and notify construction contractor of noncompliance.
iii. Document all material delivered to the job site in accordance with the LAG Manual and
WSDOT Construction Manual.
iv. Prepare daily inspection reports, recording the construction contractor's operations as
actually observed by the Consultant; includes quantities of work placed that day,
contractor's equipment and crews, and other pertinent information. All daily inspection
reports will adhere to WSDOT Local Agency Guidelines.
v. Resolve questions which may arise as to the quality and acceptability of material
furnished, work performed, and rate of progress of work performed by the construction
contractor.
vi. Establish communications with adjacent property owners. Respond to questions from
property owners and the general public.
vii. Coordinate with permit holders on the Project to monitor compliance with approved
permits, if applicable.
viii. Prepare field records and documents to help assure the Project is administered in
accordance with funding agency requirements (Construction Manual 10- 2.1B). The
inspector will provide measurement and payment information to the consultant for
development of monthly pay estimates.
ix. Collect and calculate delivery tickets and scalesman's daily reports of aggregate. All
tickets will be initialed with correct bid item and stationing identified.
x. Attend and actively participate in regular on -site meetings.
xi. Take periodic digital photographs during the course of construction.
xii. Coordinate with the City's maintenance personnel.
xiii. Conduct wage rate interviews and DBE interviews in accordance with the LAG Manual.
The Consultant shall support the City field inspector as follows:
i. Provide periodic site visits to respond to questions or unanticipated conditions. Advise
the City of any non- conforming work observed during site visits.
ii. Interpret Contract Documents in coordination with City.
3.2 Materials Testing: Provide materials testing sub - consultants for construction services, who will
provide materials testing services as required, up to $20,000. The City inspector shall coordinate
the work of the materials testing technicians and testing laboratories in the observation and testing
of materials used in the construction. The Consultant shall document and evaluate results of
Thorndyke SRTS KPG
Supp 2 - Construction Services 3 of 7 July 8, 2014
20
EXHIBIT A -2
testing; and address deficiencies. Frequency of testing shall be as prescribed in the WSDOT
Construction Manual and LAG manual for the following materials: structural concrete, roadway
asphalt, roadway surfacing, roadway base material, and structural grout and any other testing as
prescribed within the project Specifications and WSDOT Standard Specifications 2014.
Assumptions:
It is assumed that day to day coordination of testing services will be by the City inspector. The
Consultant shall assist with evaluation of any deficiencies noted.
3.3 Substantial Completion: Upon substantial completion of work, coordinate with the City and
other affected agencies, to perform a project inspection and develop a comprehensive list of
deficiencies or ` punchlist' of items to be completed. A punchlist and Certificate of Substantial
Completion will be prepared by the Consultant and issued by the City.
Deliverables
• Punch List, Certificate of Substantial Completion
• Review test reports for compliance
B. OFFICE SERVICES
3.4 Document Control: Original documentation will be housed at the Consultant's office, and filed
in accordance with standard filing protocol to meet WSDOT Highways & Local Program
Requirements. A copy of working files will be maintained in the field office.
Document Control also consists of preparing Final Project Reports for the City for WSDOT and
FHWA acceptance and includes:
• Final Estimate (Approving Authority File)
• Comparison of Preliminary and Final Quantities (Approving Authority File)
• Final Records as identified in WSDOT LAG (Approving Authority File)
• Record of Material Samples and Tests
• Materials Certification
• Affidavit of Wages Paid
• Release for the Protection of Property Owners and General Contractor
• DOT Form 422-102 EF, Quarterly Report of Amounts Credited as DBE Participation
3.5 Plan Interpretations: Provide technical interpretations of the drawings, specifications, and
contract documents, and evaluate requested deviations from the approved design or
specifications. Coordinate with City for resolution of issues involving scope, schedule, and /or
budget changes.
3.6 Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes,
and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis.
3.7 Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for
conformance with the contract documents.
3.8 Lump Sum Breakdown: Evaluate construction contractors' Schedule of Values for lump sum
items. Review the Contract Price allocations and verify that such allocations are made in
accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for
payment each month will be calculated with detailed data per WSDOT LAG Requirements.
Thorndyke SRTS KPG
Supp 2 - Construction Services 4 of 7 July 8, 2014
21
EXHIBIT A -2
3.9 Monthly Pay Requests: Assist City with monthly requests for payment, review with the City
and contractor and approve, as permitted. Utilize City provided format for pay estimates, or
Consultant format. The Utilities to provide quantities for payment for work associated with
Utility Schedules.
3.10 Certified Payroll: Process and track all certified payroll per WSDOT Highways & Local
Program Requirements. This includes verifying 30% of all payrolls submitted and tracking
payroll each week. Payroll and payroll logs will adhere to WSDOT LAG requirements.
3.11 Weekly Statement of Working Days: Prepare and issue weekly statement of working
day report each week.
3.12 WSDOT & FHWA Reporting: Prepare and track all necessary reports per WSDOT
Highways & Local Program Requirements. This will include DBE condition of award tracking
throughout the project, DBE Reporting, EEO reporting, and DBE on site reviews. Periodically
meet with WSDOT Highways and Local Programs staff as requested to review project status.
3.13 Subcontractor Documentation: Process / approve all required subcontractor
documentation per WSDOT Highways & Local Program Requirements. Request to Sublets will
be verified and logged. Certification for Federal Aid will be obtained from all subcontractors.
This includes checking System Award Management System (SAMS), verifying OM/WBE,
verifying business licensing, reviewing insurance documentation, verifying city business
licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor
documentation will be logged into WSDOT's subcontractor logs.
C. SUBMITTAL/RFI PROCESSING
3.14 Submittals: Coordinate review process for shop drawings, samples, traffic control plans,
test reports, and other submittals from the Contractor for compliance with the contract documents.
Key submittals to be transmitted to the City for their review and approval. Submittals shall be
logged and tracked.
3.15 Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged
and tracked.
3.16 Record of Materials (ROM): With assistance from the inspector, utilize and maintain
the ROM according to WSDOT Highways & Local Program Requirements. The ROM will track
all of the materials delivered to the site including manufacturer /supplier, approved RAM's, QPL
items, material compliance documentation, and all other required documentation.
Deliverables
• Submittal log
• RFI Log
• Completed Record of Material for Material Certification
D. CHANGE MANAGEMENT
Thorndyke SRTS KPG
Supp 2 - Construction Services 5 of 7 July 8, 2014
22
EXHIBIT A -2
3.17 Change Orders: Develop change orders per Highway & Local Programs Guidelines,
provide technical assistance to negotiate change orders, and assist in resolution of disputes which
may occur during the course of the project. A total of 40 hours have been included in the cost for
services. Each change order will be executed in accordance with WSDOT Local Agency
Guidelines and contain the following:
• Change order
• Independent Cost Estimate
• Time Impact Analysis
• Contractor' s Pricing
• Verbal Approval Memo
• Change Order Checklist (LAG Manual)
• Change Order Request Form
• Back up documentation
3.18 Field Work Directives: Prepare field work directives as necessary to keep the contractor
on schedule.
3.19 Force Account: The inspector will track contractor force account labor, equipment and
materials. Provide payment according to WSDOT requirements. All force account calculations
will be verified by the engineer and double checked by the documentation specialist per WSDOT
LAG Manual.
Deliverables
• Change Order(s)
• Case Management Log
• RFI Log
• Minor Change Order(s)
• Force Account Records
TASK 3 — CLOSEOUT / RECORD DRAWING SERVICES
4.1 Record Drawings: Review record drawings prepared by the Contractor, and prepare a
conformed set of project record drawings based on Contractor provided information and from
inspection notes. Record drawings to be verified on a monthly basis, as part of the progress
payment to the Contractor. Upon project completion, contractor provided markups will be
verified for completeness and supplemented with inspection information. The Consultant will
prepare record drawings in AutoCAD format based on construction records provided by the
Contractor. Electronic and full size mylar record drawings will be provided to the City.
4.2 Audit Oversight: Prepare for and attend post construction audit performed by WSDOT Local
Programs and others.
4.3 Punchlist oversight: Attend final walk through review with City staff. Field observation of
punchlist items will be by the City.
4.4 Physical Completion Letter: Following completion of all punchlist work, prepare physical
completion letter to the contractor and WSDOT, and recommend that City and /or Utilities
accept the project.
Thorndyke SRTS KPG
Supp 2 - Construction Services 6 of 7. July 8, 2014
23
EXHIBIT A -2
4.5 Project Closeout: Transfer all project documents to the City for permanent storage.
• Meeting agendas and notes
• Monthly Pay Estimates
• WSDOT Reporting
• Subcontractor Packets
• Physical Completion Letter
• Final Project Documents
ADDITIONAL SERVICES
The services described under this task, and any other additional services requested by the City, will be
performed only when authorized by the City. Authorization to perform additional services will be in the
form of a supplement to this agreement, specifying the work to be performed, and basis of payment.
• Field inspection services.
• Provide any additional services resulting from changes in scope or design of the project.
Changes include, but are not limited to, changes in size, complexity, the schedule, character of
construction, or method of financing.
• Provide claims analysis and assistance in resolving claims that are protracted in nature and
beyond the scope of the change order process described herein.
• Media Relations: Produce and distribute periodic press releases at key milestones about the
project and its progress. Meet with press to help develop stories about the project.
• Other activities deemed necessary by the City.
III. TO BE PROVIDED BY CITY:
1. Construction office and access to copy machine.
2. Postage to be provided by the City for any mass mailings.
3. Copies of Rights of Entries and Easements acquired for the Project.
Thomdyke SRTS KPG
Supp 2 - Construction Services 7 of 7 July 8, 2014
24
Exhibit E-2
Consultant Fee Determination
Project Name: Thorndyke Elementary Safe Routes to
Supplement 2 - Construction Services
Consultant: KPG
COST PLUS FIXED FEE
Classification Hours Rate Cost
Project Manager 76 $ 64.90 $ 4,932
Senior Engineer 44 $ 52.06 $ 2,291
Project Engineer 300 $ 41.65 $ 12,494
Design Engineer 192 $ 36.44 $ 6,996
CAD Technician 48 $ 30.33 $ 1,456
Construction Inspector 0 $ 38.74 $ -
Survey Crew 0 $ 50.41 $
Document Specialist 212 $ 37.00 $ 7,844
Office Admin 154 $ 24.91 $ 3,835
Total Direct Salary Cost (DSC)
Overhead (145.78% x DSC)
Fixed Fee (30% x DSC)
1,026
$39,849
$58,091.38
$11,954.60
Subtotal: $109,894.64
REIMBURSABLES
Construction Vehicle (4 months @ $750)
Miscellaneous - Mileage, Repro, Field Supplies
$3,000
$4,000
Subtotal: $7,000
SUBCONSULTANT COSTS
a erial Testing / Geotechnical Allowance $20,000
Subtotal: $20,000
TOTAL $ 136,894.64
25
26
TRANSPORTATION COMMITTEE - Meeting Minutes
July 14, 2014 — 5:15 p.m. — Foster Conference Room
»r�^ Tukwila
City of � ����D%�/�
-~r -� '--- --
Transportation Committee
PRESENT
Councilmembers: Allan Ekberg, Chair; Dennis Robertson, Kate Kruller
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Gail Lobonans, Cyndy
Knighton, Grant Griffin, Laurel Humphrey
CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m.
' PRESENTATIONS
No presentations.
M. BUSINESS AGENDA
A. Supplemental Agreement: Thorndyke Safe Routes to School Project
Staff is seeking Council approval of Supplemental Agreement No. 2 to Contract No. 13-160 with
KPG. Inc. in the amount cf $138.8S4.O4 for construction management services for the Thorndyhe
Safe Routes to School Project. Road Construction Northwest was awarded the construction
contract and this supplemental agreement with KPG will provide construction management
support. P�P(�vvaa determined to be the most qualified and the negotiated cost is reasonable.
Construction is anticipated to begin in July. UNANIMOUS APPROVAL. FORWARD TO JULY
21, 2014 REGULAR CONSENT AGENDA.
B. Consultant Agreement: South 144th Street Phase U Project (42nd Avenue South to TIB)
Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc. in the
amount of $2S7.S13.9O for engineering design services for the South 144 m Street Phase ||Project.
This project received a Transportation Improvement Board grant of $1 million in deeign, right-of-
way, and oonatruction, with a 5896 nnatch, funds for which are available from traffic impact fees
that have already been collected. This project requires coordination with the Tukwila Village site
and negotiations with that property owner are ongoing with an end goal to incorporate all design
work to date into a single construction effort led by the City. KPG was selected as most qualified
from three firms interviewed. UNANIMOUS APPROVAL. FORWARD TO JULY 21, 2014
REGULAR CONSENT AGENDA.
III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) MEETING
Bob Giberson shared highlights from the June 17 meeting and noted the agenda for July 15 included
in the Committee packet.
IV. MISCELLANEOUS
Councilmember Robertson noted there are significant impacts to Tukwila as a result of the 18-
month construction closure of Military Road South in SeaTac. SeaTac Public Works staff will be
invited to answer questions at a future Transportation Committee meeting.
28
COUNCIL AGENDA SYNOPSIS
..._Initials
Meeting Date
Prepared by
Mayor's review
Council re ezv
07/21/14
BG
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date 07/21/14
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Polzce /1 1)11
SPONSOR'S This design contract is for the South 144th Street Phase II Project. Three engineering firms
SUMMARY were evaluated and KPG, Inc. ranked the highest. The South 144th St Phase II includes
street improvements from 42nd Ave S to Tukwila Int'I Blvd and will be coordinated with
Tukwila Village. Grant funding of $1 million was awarded by the Transportation
Improvement Board and there are $133k in traffic impact fees. Council is being asked to
approve the design consultant agreement with KPG in the amount of $297,913.98.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte
❑ Utilities Cmte ❑ Arts Comm.
DATE: 07/14/14
❑ F &S Cmte
❑ Parks
Comm.
CHAIR: ALLAN
' Transportation
Cmte
❑ Planning Comm.
EKBERG
COMMIE .I.N,E
ITEM INFORMATION
ITEM No.
5.E.
STAFF SPONSOR: BOB GIBERSON
OI I(, I,\.AI : 1GENDA D.AT1 :: 07/21/14
AGENDA ITEM TITLE South 144th St Phase II Project
Design Consultant Selection and Agreement with KPG, Inc.
CATEGORY ❑ Discussion
Mtg Date
/ ∎1 Motion
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date 07/21/14
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Polzce /1 1)11
SPONSOR'S This design contract is for the South 144th Street Phase II Project. Three engineering firms
SUMMARY were evaluated and KPG, Inc. ranked the highest. The South 144th St Phase II includes
street improvements from 42nd Ave S to Tukwila Int'I Blvd and will be coordinated with
Tukwila Village. Grant funding of $1 million was awarded by the Transportation
Improvement Board and there are $133k in traffic impact fees. Council is being asked to
approve the design consultant agreement with KPG in the amount of $297,913.98.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte
❑ Utilities Cmte ❑ Arts Comm.
DATE: 07/14/14
❑ F &S Cmte
❑ Parks
Comm.
CHAIR: ALLAN
' Transportation
Cmte
❑ Planning Comm.
EKBERG
COMMIE .I.N,E
RECOMMENDATIONS:
SPONSOR
COMMIrrEF.
/ADMIN. Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIA I ION REQUIRED
$297,913.98 $418,000.00 $0.00
Fund Source: 104 RESIDENTIAL STREETS (PAGES 19, 2014 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/21/14
MTG. DATE
ATTACHMENTS
07/21/14
Informational Memorandum dated 07/11/14
Page 4, 2014 CIP and Proposed 2015 CIP
Consultant Agreement
Minutes from the Transportation Committee meeting of 07/14/14
29
30
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Cyndy Knighton, Senior Program Manager
DATE: July 11,2O14
SUBJECT: S144 m Street Phase || Project `�� (42nd Ave S to TIB)
Project No. 99510402
Consultant Selection and Agreement
ISSUE
Authorize the Mayor to execute a consultant agreement with KPG in the amount of $297,913.98
to provide engineering design services for the G 144th Street Phase U Project.
BACKGROUND
In 2003, the (�kvCOO�n3Ct8d with KPG prepare a design report S 144th Street corridor
between Military Road and 42nd Avenue S. Phase | (Military Road to Tukwila International
Boulevard) was fully designed and constructed in 2007/2008. but Phase || (42nd Avenue S to
Tukwila International Boulevard) was left for future design and construction. Coordination with
the Tukwila Village site and funding constraints were the two major reasons for the delay of
Phase ||. Last year, Tukwila was successful in obtaining a grant for S1 million through the
Transportation Improvement Board for the design and construction of Phase II.
DISCUSSION
In April 2014' consultant interviews were conducted with the three firms who submitted
proposals for S 144"' 2t Phase ||. The three firms were all highly qualified and the selection
team had a difficult ChOiCe, but ultimately selected KPG for the project.
Firm
Score
Rank
KPG
1876
1
Blue line
1857
2
CH2MHiU
1813
3
FINANCIAL IMPACT
The Transportation Improvement Board grant includes design, right-of-way, and construction
with a 58% match ratio. Design work will be reimbursable for $172,790.11 with the City's
responsibility of $125,123.87 funded by traffic impact fees collected to date. The 2014 design
budget for the S 144 m St Phase U Project is $418.000.00.
RECOMMENDATION
Council is being asked to approve the consultant agreement vith KPG, Inc. for design services
for the S 144"' St Phase || Project in the amount of $297,913.98 and consider this item on the
Consent Agenda at the July 21, 2014 Regular Meeting.
Attachments: 2014 CIP page 19
Consultant Agreement
W: \ PW Eng \ PROJECTS \A- RWuRSProjects \ S,441^St Phase n(42 Ave ntone) (995,0402)\ INFORMATION MEMO Consultant Selemon.docx
32
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2014 to 2019
PROJECT: S 144 St Phase II (42 Ave S - Tukwila Intl Blvd)* Project No 99510402 Zone 3
DESCRIPTION:
undergrounding from Tukwila Int'l Blvd to 42nd Ave S. Also add a signal at 42nd Ave S.
Construct curb, gutter, sidewalk, bike lanes, pavement restoration, illumination, drainage and utility
JUSTIFICATION: Provide pedestrian and vehicle safety, drainage and neighborhood revitalization.
Phase Tukwila Intl Blvd m Military RU.pn4e�oomp|�edin2O07 for $3�1 miUiunwhh$1 miUioningrama �
STATUS:
Phase U 42 Ave S to Tukwila International Blvd.
MAINT. IMPACT: Reduce pavement, drainage napaim, and maintenance costs.
,,,,,,=^.�� PmpnaedTranvpnnatiun|mpmv*mentBoard's A�eria||mpmvementPmgnam(A|P) gmn\nf$1million.
,"°�="''
Project is on Impact Fee list. Design and construction related to the Tukwila Village project.
FINANCIAL Through Estimated
in $000's
2012 2013 2014
2015
2016
2017
2018
2019
BEYOND TOTAL
EXPENSES
�]�^
'.!,.11,
Design
|
418
.
•
418
Land(R/W)
40
2
40
Const. Mgmt.
•
�
�T
180
1:2
180
Construction
1.300
|
'
1.300
TOTAL EXPENSES
0
0
458
1,480
0
0
0
0
0
1,938
FUND SOURCES
� �
��LJ�
�w���Wy
,L-�p»���—��l
'~^��-`
��1
Awarded Grant
0
Proposed Grant
1.000
1.000
Proposed Mitigation
458
480
938
Traffic Impact Fees
112
17
129
City Oper. Revenue
(112)
(17)
0
0
0
0
0
0
0
(129)
TOTAL SOURCES
0
0
458
1,480
0
0
0
0
0
1,938
,4';4 444*
�]�^
'.!,.11,
Project Location
' -77 \\A__
|
.
•
2
•
�
�T
� ___-_~^-
1:2
|
'
�^
� �
��LJ�
�w���Wy
,L-�p»���—��l
'~^��-`
��1
201*201e Capital Improvement Program
1S
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2015 to 2020
PROJECT: S 144 St Phase U (42 Ave S - Tukwila Intl Blvd) *
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT
COMMENT:
Construct � . . � � ,. �*�^�
�onsvumcum.gu�e�moe�am.o/we/anen.pavemen �emno r�nm�on.
""x��°""^."���� /"m°./�/",/m"^ma,"nu"", u/=^=n��uv".m",�
~'~~y'`~^~'�^~^' '~'`~~^'~'`~~`�'~'``^`�'^��~~`~^``�
,
2n
Proier„t No 99510402
proo
nd utili
y
Provide pedestrian and vehicle safety. drainage ^ vitalization.
Phase I Tukwila Intl Blvd 10 Mpa 111,,pailursi ��Ip|eVedm20O7 for $31 million with 81 million ingrants.
Phase II 42AveG0o�°i�h
fi �
~= =
~�
r
Reduce IDE O.
�
Awarded Trdnaportahon Improvement Board's Arterial Improvement Program (\|P) grant nf$1 million.
Project is on Impact Fee list Design and construction related to the Tukwila Village project.
rlyt
d
airs, and maintenance costs.
Zone 3
FINANCIAL Through Estimated
in $000's
2013 2014 2015
2016 2017 2018 2019 2020 BEYOND TOTAL
EXPENSES
Design
311
311
LanU(R/VV)
40
40
Const. Mgmt.
180
180
Construction
1.402
1,402
TOTAL EXPENSES
0
351
1,582
0
0
0
0
0
0
1.933
FUND SOURCES
Awarded Grant
180
820
1'000
Proposed Grant
0
Proposed Mitigation
171
629
800
Traffic Impact Fees
133
133
City Oper. Revenue
(133)
0
133
0
0
0
0
0
0
0
TOTAL SOURCES
0
351
1,582
0
0
0
0
0
0
1.933
34 2015 2020 Capital Improvement Program
15
City of �~x� xuvuwxxa
S200Southnenb*r Boulevard, Tukwila VVAQ818O
Contract Number:
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and KPG, hereinafter to as "the Consultant", in consideration
. Inc., .
of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering services
in connection with the project titled 'S 144 m Street Phase II (42nd Avenue S to Tukwila
International Boulevard)'
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit ^`��`
attached hereto, including the provision of all labo� materials, equipment oud supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending May 31, 2015, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no
later than May 31, 2015 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
^^D" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $297,913.90 without express written modification of the Agreement signed
by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion
of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work perbo,,ued,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
B. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1 -2013
36
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self - insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as
required by this section shall be delivered to the City within fifteen (15) days of execution
of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
CA revised : 1 -2013
Page 3
37
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The
provisions of this Agreement, which by their sense and context are reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive
termination of this Agreement.
CA revised : 1 -2013
38
Page 4
17. Notices. Notices . to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG
753 9th Avenue North
Seattle, WA 98109
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this
day of , 2014.
CITY OF TUKWILA CONSULTANT
Mayor, Jim Haggerton
By:
Printed Name:Nelson Davis, KPG
Title: Principal
Attest /Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised : 1 -2013
Page 5
39
EXHIBIT A
City of Tukwila
S 144th Street Phase II Project
42nd Avenue S to Tukwila International Boulevard
KPG
Scope of Work
June 20, 2014
PURPOSE:
This project includes preparation of final Plans, Specifications and Estimates for the South
144th Street Phase I I Project. Project elements includes minor widening; curb, gutter, and
sidewalk; bike lanes; pavement restoration;, illumination; drainage; franchise utility
adjustments; new traffic signal at 42nd Avenue S; new mid -block rapid flash beacon
pedestrian signal; on- street parking; urban design features; and landscape restoration.
Work includes necessary base mapping, design, State Environmental Protection Agency
(SEPA) documentation, Cultural Resources, and franchise utility coordination. Work will be
completed in close coordination with the City and Tukwila Village development.
SCOPE OF WORK:
Task 1 Project Management /Coordination /Administration.
1.1 Provide project management administrative services including:
♦ Project set -up and execute agreement
♦ Execution of subconsultant agreements
♦ Preparation of monthly progress reports and invoices
• Record keeping and project closeout
1.2 Provide overall project management including:
♦ Project staff management and coordination
♦ Subconsultant management and coordination
• Prepare and update project schedule
♦ Schedule and budget monitoring
1.3 Coordinate with City staff, including preparation and attendance of up to 8
coordination meetings throughout the duration of the project. Level of effort for this
task is based on an average of 2 Consultant staff at each of the following meetings:
♦ One formal kickoff meeting at project start
♦ Monthly meetings at the City throughout the project duration (estimate 7).
1.4 Provide QA / QC reviews by senior staff of all major deliverables prior to submittal to
City of Tukwila Page 1 of 6 KPG
S 144th Street Phase II Project 6/20/2014
40
the City.
Deliverables
♦ Project Schedule and necessary updates
♦ Monthly progress reports and invoicing
♦ Meeting agendas and minutes including a summary of decisions made / needed
resulting from design coordination meetings.
Task 2 Survey and Base Mapping.
Limits of survey: S 144th Street (Approximately 80 feet wide) from the west side of Tukwila
International Boulevard to 300 feet east of 42nd Avenue S and 100 feet north and south of S
144th Street along 42nd Avenue S.
2.1 Establish horizontal and vertical control points along the corridor for field topographic
survey. Basis of control will be City of Tukwila Datum. The CONSULTANT will
locate, field survey, and calculate positions for all monuments and control points
throughout the project limits, using the Washington State plane coordinate system.
Conventional or GPS surveying methods will be used on this project. Monuments or
corners to be located and field surveyed include the following:
• Section Corners
• Side street monuments
• Property Corners
2.2 Field Survey and Note Reduction. Perform note reduction of the field survey data.
2.3 Mapping work to prepare 1 " =20' topographic base map and digital terrain model
(DTM) in AutoCAD format of the project within the limits described above.
2.4 The Consultant will retain the services of a firm to field locate and paint all utility
locations within the project corridor so that they can be surveyed and incorporated
into the base maps. Service line locations and gravity storm and sewer will not be
field located. Perform field survey to locate paint marks including surface features
(valves, manholes, catch basins, junction boxes, vaults, etc). Irrigation systems will
not be included.
2.5 Perform observation and measure -downs of existing storm drain catch basins and
manholes. The approximate size, type (brick, concrete), and general condition of the
structures to confirm suitability for continued use, and approximate size and location
of storm drainage pipes will be documented. These observations will be made from
the surface.
2.6 The Consultant shall survey the utility potholes performed by utility owners.
Deliverables
City of Tukwila
S 144th Street Phase II Project
Page 2 of 6 KPG
Exhibit A 6/20/2014
41
♦ Electronic copies of the completed field topographic base map in PDF and
AutoCAD.
Task 3 Public Outreach
3.1 Prepare for and attend up to two (2) coordination meetings with major stakeholders.
These meetings may include representatives from the City of Tukwila, King County
Library, Foster High School and /or franchise utility owners that may be impacted as
appropriate.
3.2 Prepare for and attend up to six (6) coordination meetings with the City of Tukwila
and Tukwila Village.
3.3 Provide ongoing coordination with Tukwila Village's engineer to communicate any
changes in the Tukwila Village site development or City improvements as the design
is finalized.
3.4 Prepare up to two (2) project articles and associated graphics appropriate for
inclusion in the Tukwila Reporter and /or Hazelnut publications, the City's website,
and flyers for nearby property owners and businesses. They City will be responsible
for mailing the flyers and providing the information to the media outlets.
Deliverables
♦ Camera -ready project articles in electronic formatCoordination meeting graphics
and agendas
♦ Summary Notes from coordination meetings and ongoing developer
coordination.
Task 4 Traffic Analysis .
4.1 The Consultant shall obtain traffic counts and peak hour turn movements at the
intersection of South 144th Street and 42 "d Avenue S.
4.2 The Consultant shall prepare a warrant analysis for the intersection of South 144th
Street and 42nd Avenue S. Traffic volumes will be based on existing counts and
future growth projections provided by the City.
4.3 The Consultant shall develop up to 3 alternative geometric layouts for the South
144th Street / 42nd Avenue S intersection. The layouts shall include ROW
information, horizontal alignments, curbs, sidewalks, channelization and signal
equipment, including phasing. The layouts shall be supported by the traffic analysis
using Synchro modeling program and the Consultant shall prepare a technical
memorandum to document the traffic analysis and its results. A relative cost
estimate for each of the alternatives will be provided. The Consultant shall
coordinate the results, layouts, and recommendations in collaboration with the City.
The preferred alternative as selected by the City will be incorporated into the final
City of Tukwila
S 144th Street Phase II Project
42
Page 3 of 6 KPG
Exhibit A 6/20/2014
design.
Deliverables:
♦ Draft and Final Warrant Analysis (1 hard copy, 1 electronic copy in PDF format)
♦ Draft and Final Technical Memorandum for intersection configuration (1 hard
copy, 1 electronic copy in PDF format)
Task 5 Geotechnical Report
5.1 The Consultant shall coordinate geotechnical review of the corridor. Geotechnical
studies will be performed by GeoDesign under subcontract to the Consultant and will
consist of reviewing existing geotechnical information and performing one additional
boring at the intersection of S 144th Street and 42nd Avenue S. A brief letter report
will be prepared to provide recommendations for pole foundations and /or retaining
wall parameters at the intersection to supplement existing information prepared by
Tukwila Village.
Deliverables
♦ Draft and Final Geotechnical letter report
Task 6 Final Plans, Specifications and Estimates
The Consultant shall prepare Final Plans, Specifications and Estimates for advertisement
and award by the City. The Bid Documents will incorporate design work completed by
Tukwila Village and provided to the Consultant in AutoCAD format by the City. Plans shall
be formatted to provide sufficient detail for convenient field layout of all proposed facilities.
City standard details and WSDOT standard plans will be supplemented with project specific
details as required. Final bid documents will be signed by a licensed professional engineer
in the State of Washington.
6.1 Compile and review existing design information from Tukwila Village and provide a
preliminary scroll map showing plan view improvements for the entire project limits.
The scroll map will include the design work completed by Tukwila Village as well as
the additional work desired by the City. The scroll map will be used for alternative
evaluation / discussion with stakeholders and development of the preferred
alternative for final design.
6.2 Document the existing storm water facilities within the limits of the project and
document applicable stormwater regulations, standards, hydrology and hydraulic
design criteria. Document approach to detention and treatment in a brief
memorandum for City review and approval.
6.3 Analyze illumination to provide levels consistent with the current City illumination
standards. Prepare a preliminary layout of the street illumination system and include
supporting calculations in a brief technical memorandum.
City of Tukwila
S 144th Street Phase II Project
Page 4 of 6 KPG
Exhibit A 6/20/2014
43
6.4 The Consultant shall prepare 30% Plans and Estimate for City
6.5 The Consultant shall incorporate City comments and
Specifications, and Estimate for City review and comment.
based on WSDOT /APWA and City Standards.
review and comment.
prepare 90% Plans,
Specifications will be
6.6 The Consultant shall distribute 30% and 90% to utility providers along the corridor
for verification of their facilities and identification of any necessary upgrades,
relocations, or repairs. A conflict / pothole request map will be provided to the
franchise utilities with each distribution. Franchise utility designs provided by the
utilities will be included in the contract documents as appropriate.
6.7 The Consultant shall incorporate comments and finalize bid documents. Bid
documents will be uploaded to bxwa.com for advertisement by the CityThe
Consultant shall provide bid period services to include responses to bidder inquiries,
preparation of addenda, attendance at bid opening, preparation of bid tabulation,
and recommendation to award or reject the apparent low bidder. The budget
assumes a straight forward review process with the low bidder receiving the contract
award.
Deliverables
♦ 30% Plans (' /2 size) & estimate, 5 bound, 1 unbound copy, 1 electronic file in
PDF format
♦ 90% Plans (1/2 size), specifications & estimate, 5 bound, 1 unbound copy, 1
electronic file in PDF format
♦ Final Bid Documents, 5 bound copies with 1/2 size Plans, 1 electronic file in PDF
format.
Task 7 Environmental.
7.1 Cultural Resources Investigation. The Consultant will conduct the required cultural
resources assessment in compliance with Washington State EO05 -05.
7.2 SEPA Checklist:The Consultant will prepare a SEPA checklist for the project
improvements for based on the reviewed 30% Plans.
Deliverables:
♦ An electronic copy of the draft Cultural Resources report in Adobe PDF.
♦ An electronic copy in Adobe PDF and three (3) paper copies of the final Cultural
Resources report..
♦ SEPA submittal copies as required.
City of Tukwila Page 5 of 6
S 144th Street Phase II Project Exhibit A
44
KPG
6/20/2014
Task 8 Right of Way Calculations
Perform the following work items necessary to establish the existing right -of -way (ROW)
along the corridor based on publicly available information. Title research is not anticipated
or included in the project budget.
8.1 Research Records. Determine which existing corners and monuments should be
field located and surveyed.
8.2 Calculations for ROW lines. Using the research information and the survey work
described above, calculate location and surveyed corners, roadway features and
monuments.
8.3 Incorporate existing right of way into project base map. No additional right of way or
easements are anticipated. Preparation of legal descriptions or acquisition services
is not included in this scope of work.
Deliverables:
♦ Right of way information will be incorporated into the project base maps.
Additional Services
The City may require additional services of the Consultant in order to advance all or portions of
the project corridor through final design and construction. This work may include items
identified in the current task authorizations as well other items, which may include, but are not
necessarily limited to the following:
•
Obtaining title reports and providing final right of way calculations
Preparation of right of way / easement legal descriptions and exhibits
Providing property appraisals and negotiations
Providing additional permitting or environmental studies
Providing construction services
These services will be authorized under a future contract supplement if necessary. At the
time these services are required, the Consultant shall provide a detailed scope of work and
an estimate of costs. The Consultant shall not proceed with the work until the City has
authorized the work and issued a notice to proceed.
City of Tukwila
S 144th Street Phase II Project
Page 6 of 6 KPG
Exhibit A 6/20/2014
45
HOUR AND FEE ESTIMATE
Project: City of Tukwila
S 144th Street Phase II
42nd Avenue S to Tukwila International Boulevard
EXHIBIT B
KPG
♦ Architecture •
Landscape Architecture
• Civil Engineering
.
Task Des riptia
* bo Hour Estimate
Totat Budget
Project .Sriiit Project`
Manag r Enginee � �Enginee �:
$ 179,26 143 11536
Urban Design ;
De ign r _fin f LA .
9
125.91 95,44'
_Technician
86. #g„
Survey
Crewe
` 139 96
Senior
Arl in
112.70
Office '
Admin
74.2
_ Budgeet
Task1 - Management /coordination /administration
1.1 Project administration
1.2 Project management and coordination (7 months)
1.3 City staff design coordination meetings
8
24
6
0 0 0
12 0 0
8 16 8
0
0
0
0
0
16
0
0
0
12
8
0
12
3,677.42
12
7,817.71
8
8,843.05
1.4 QA/QC reviews
Mileage
8
0
0
0
0 0 0 4
$ 2,879.70
Reproduction
Task Totals
56
28 16
16
20 36
$ 23,217.88
Task 2 - Survey and Mapping
2.1 Establish alignment control
2.2 Field survey and note reduction
2.3 Prepare base maps and DTM
2.4 Coordinate utility locate services
2.5 Storm measuredowns
0 2 8
0 4 8
0 2 12
0 0 2
0 0 0
0
0
0
0
0
0
0
40
4
4
2.6 Pick up utility pothole information
Utility locate service
Mileage
0 10 0 0 I $ 2,609.62
O 40 0 0 1 $ 7,095.53
0 0 0 0 I$ 5,649.06
O 4 0 0 1 $ 1,188.31
0 8 0 0 1$ 1,517.43
Reproduction
0 $ 1,318.55
$ 2,000.00
g -
00.00
Task Totals
30
50
70
21,478.49
Task 3 - Public Outreach
3.1 Stakeholder coordination meetings
3.2 Developer coordination meetings
3.3 Ongoing coordination with developer Engineer
3.4 Project articles
Mileage
10 10 0
16 8 16
16 16 60
4 0 4
0
8
16
0
0
0
0
4
8
8
8
4
$ 4,511.82
$ 8,843.05
$ 16,075.14
$ 1,873.22
$ 200.00
Reproduction
Task Total
$
400.00
46 34 80
24
4
40
0
0
28 $ 31,903.23
Task 4 - Traffic Analysis
4.1 Obtain traffic count data
4.2 Prepare warrant analysis
4.3 Intersection configuration tech memo
Traffic counts
Mileage
Reproduction
Task Total
0
0 8 8
40 16
4 12 32
0
48
24
0
0
609.93
8 ! $ 4,499.02
9,200.47
$ 1,600.00
$ 50.00
18 I $ 100.00
$ 16,059.42
6/20/2014
HOUR AND FEE ESTIMATE
Project: City of Tukwila
S 144th Street Phase II
42nd Avenue S to Tukwila International Boulevard
EXHIBIT B
KPG
♦ Architecture
Landscape Architecture
• Civil Engineerin
Project
lanage Engineer j ngii
179.26 $ 143.58
bor Hour Es
Designer
$
125.96
survey
Technician Crew
Adrnin
74.25
Task 5 - Geotechnical Report
5.1 Coordinate Geotechnical Report
GeoDesign
2
0
4
0
0
0
0
2
Mileage
Reproduction
968.45
9,000.00
Task Total
2 0
4 0 0 0 0 0 2 $ 9,968.45
Task 6 - Final Plans, Specifications, and Estimates
6.1 Compile existing data and develop scroll map 8 8 24 24 40 40 0 0 0 $ 15,799.14
6.2 Document stormwater approach 4 8 40 0 0 24 0 0 4 $ 8,845.37
6.3 Analyze and layout illumination system 0 8 24 0 0 16 0 0 4 $ 5,593.15
6.4 Prepare 30% Plans and Estimate 16 24 60 60 120 120 0 0 4 $ 43,364.55
6.5 Prepare 90% P,S and E 24 40 100 60 160 160 0 0 24 $ 60,620.08
6.6 Franchise Utility Coordination 8 8 24 0 0 24 0 1 0 8 $ 8,013.65
6.7 Finalize Bid Documents 16 16 40 32 40 60 0 8 8 $ 24,454.44
6.8_ Bid Period Services _ 4 8 8 4 10 16 0 8 8 $ 7,161.25
Mileage $ 500.00
Reproduction i $ 2,500.00
Task Total 80 120 320 180 370 460 0 16 60 $ 176,851.65
Task 7 - Environmental
7.1 Cultural Resources Investigation 2 2 0 0 0 2 0 0 2 $ 966.54
7.2 Prepare SEPA checklist 2 4 8 0 0 8 0 0 4 !$ 2,842.15
Widener and Associates $ 10,000.00
Mileage ; $ -
50.00
Reproduction
Task Total 4 6 8 0 0 10 0 0 6 $ 13,858.69
6/20/2014
HOUR AND FEE ESTIMATE
Project: City of Tukwila
S 144th Street Phase II
42nd Avenue S to Tukwila International Boulevard
EXHIBIT B
KPG
! Architecture 4
Landscape Architecture
♦ Civil Engineering
bor f{out' Es
P
Task 8 - Right of Way Calculations
8.1 Research records
8.2 Calculations for ROW lines
8.3 Incorporate existing ROW into base map
nie> t senlo
nager ? Engine
79.2
F'
Design
Eng 1 Li
99.44
To Bu
Adrnt
2.70 74.25
tud
0
2
4
0
0
0
2
0
0
0
0
8
0
0
0
4
0
0
Mileage
Reproduction
Task Total
0 4 16 0 0
$
8 0 4 I $
Hourly rates are based on the following:
Direct Salary Costs
Overhead Rate
Fixed Fee
Total Estimated Fee:
$ 65.00 $ 52.06 I $ 41.8
45.67
$ 36.06 $ 31.25 I $ 50.75 i $ 40.87 $ 26.92
145.78%
30%
2,165.26
1,210.03
1,150.89
50.00
4,576.18
$ 297,913.98
Totals
$ 98, 398.72
$ 143, 445.65
$ 29,519.62
6/20/2014
TRANSPORTATION COMMITTEE - Meeting Minutes
July 14, 2014 — 5:15 p.m, — Foster Conference Room
x,�. Tukwila
City of J� ������/I8a
Transportation Committee
PRESENT
Councilmembers: Allan Ekberg, Chair; Dennis Robertson, Kate Kruller
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Gail Lobanona, Cyndy
Knighton, Grant Griffin, Laurel Humphrey
CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m.
PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Supplemental Aqreement: Thorndyke Safe Routes to School Project
Staff is seeking Council approval of Supplemental Agreement No. 2 to Contract No. 13-160 with
KPG, Inc. in the amount of $136,894.64 for construction management services for the Thorndyke
Safe Routes to School Project. Road Construction Northwest was awarded the construction
contract and this supplemental agreement with KPG will provide construction management
support. KPG was determined to be the most qualified and the negotiated cost is reasonable.
Construction is anticipated to begin in July. UNANIMOUS APPROVAL. FORWARD TO JULY
21, 2014 REGULAR CONSENT AGENDA.
B. Consultant Agreement: South 144th Street Phase II Project (42nd Avenue South to TIB)
Staff is seeking Council approval to enter into a consultant agreement with KPG, Inc. in the
amount of $297,913.98 for engineering design services for the South 144th Street Phase ll Project.
This project received a Transportation Improvement rovenent Oomrd grant of $1 million in deaign, right-of-
way, and oonotruction, with a 58% natch, funds for which are available from traffic impact fees
that have already been collected. This pr ject requires coordination with the Tukwila Village site
and negotiations with that property owner are ongoing with an end goal to incorporate all design
work to date into a single construction effort led by the City. KPG was selected as most qualified
from three firms interviewed. UNANIMOUS APPROVAL. FORWARD TO JULY 21, 2014
REGULAR CONSENT AGENDA.
III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) MEETING
Bob Giberson shared highlights from the June 17 meeting and noted the agenda for July 15 included
in the Committee packet.
IV. MISCELLANEOUS
Councilmember Robertson noted there are significant impacts to Tukwila as a result of the 18-
month construction closure of Military Road South in SeaTac. SeaTac Public Works staff will be
invited to answer questions at a future Transportation Committee meeting.
50
COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
Maajor's rc yew
Council review
07/21/14
LM
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearin8
Mtg Date
❑ Other
Mtg Date
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ►1 DCD ❑ Finance ❑ .Firs ❑ IT ❑ P&R ❑ Police ❑ PIF
SPONSOR'S The City Council is being asked to approve a contract for services with Heartland LLC to
SUMMARY evaluate how the Landscape Conservation and Local Infrastructure Program (LCLIP)
promoting urban redevelopment and resource land conservation could be implemented in
the City's urban center (Southcenter) and Tukwila International Boulevard (TIB) Corridor.
The cost of these services is $42,060 and will be fully funded by a federal grant which was
accepted by Council in May 2014.
REVIEWED BY ❑ COW Mtg.
❑ Utilities Cmte
DATE: 07/15/14
/1
CA &P Cmte
❑ F &S Cmte
❑ Parks
COMMITTEE
Comm
❑ Transportation Cmte
❑ Planning Comm.
ITEM INFORMATION
ITEM No.
5.F.
51
STAFF SPONSOR: LYNN MIRANDA ORIGINAL AGENDA DA1'I ,;: 07/21/14
AGENDA ITEM TITLE Contract for services with Heartland LLC - Landscape Conservation and Local
Infrastructure Program (LCLIP) Feasibility Study
CATEGORY ❑ Discussion
Mtg Date
/ 1
Motion
Date 07/21/14
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearin8
Mtg Date
❑ Other
Mtg Date
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ►1 DCD ❑ Finance ❑ .Firs ❑ IT ❑ P&R ❑ Police ❑ PIF
SPONSOR'S The City Council is being asked to approve a contract for services with Heartland LLC to
SUMMARY evaluate how the Landscape Conservation and Local Infrastructure Program (LCLIP)
promoting urban redevelopment and resource land conservation could be implemented in
the City's urban center (Southcenter) and Tukwila International Boulevard (TIB) Corridor.
The cost of these services is $42,060 and will be fully funded by a federal grant which was
accepted by Council in May 2014.
REVIEWED BY ❑ COW Mtg.
❑ Utilities Cmte
DATE: 07/15/14
/1
CA &P Cmte
❑ F &S Cmte
❑ Parks
COMMITTEE
Comm
❑ Transportation Cmte
❑ Planning Comm.
❑ Arts Comm.
CHAIR: DUFFIE
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMPITEE
Department of Community Development
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGE "FED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
07/21/14
Informational Memorandum dated 07/07/14
Contract for Services with Heartland LLC
Minutes from the Community Affairs and Parks Committee meeting of 07/15/14
51
52
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee Members
FROM: Jack Pace, Director, Department of Community Development
BY: Lynn Miranda, Senior Planner 0--�
DATE: July 7, 2014
SUBJECT: Contract for Services with Heartland LLC — Landscape Conservation and
Local Infrastructure Program Study
ISSUE
Approve a contract for services with Heartland LLC to evaluate how the Landscape
Conservation and Local Infrastructure Program /UCL|P>pronnotingurbGnred8vB|Opnlentand
resource land conservation could be implemented in the City. The cost of these services is
$42,060 and will be fully funded by federal grant which was accepted by Council in May 2014.
BACKGROUND
The Washington State Department of Commerce established a grant program under which the
state will pass through a large part of US EPA National Estuary Program funding as sub-awards
to local governments for the purposes of protecting and restoring watersheds that drain into
Puget Sound.
In May 2014' the City of Tukwila City Council accepted a grant award of $42'060 from the
Department of Commerce to evaluate how new state legislation promoting urban redevelopment
and resource land conservation (LCLIP) could be implemented in the City's urban center
(Southcenter) and Tukwila International Boulevard (TIB) Corridor. LCLIP authorizes eligible
cities to access tax increment financing to invest in infrastructure improvements as an incentive
to spur redevelopment in areas where cities are planning for growth. Cities may access a
portion of county property tax in exchange for adopting policies that incentivize protection of
resource lands that are important to watershed processes, like upland forest, riparian lands, and
floodplains. Through infrastructure investment, LCLIP directs development towards urban areas
targeted for growth, removing barriers to increasing density, and reduces development pressure
On lands that are important to watershed processes. Implementation of LCLIP in Tukwila could
result in updates to the City's growth management efforts, including planning, revisions to land
use policies, and changes to regulations to encourage inf ill development.
DISCUSSION
Staff proposes contracting with Heartland LLC to evaluate the feasibility of implementing LCLIP
in Tukwila. Heartland has prepared a similar evaluation for the City of Mountlake Terrace and is
currently working on a LCLIP study for the City of Shoreline. Heartland will be using
ECONorthwest and Forterra as subconsultants on this p jeoL
FINANCIAL IMPACT
The cost of services with Heartland is $42,060 and is fully covered by a federal grant award
from the Department of Commerce that was previously accepted by the City in May 2014.
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to approve the contract for services with Heartland LLC for $42,060,
and to consider this item on the Consent Agenda of the July 21, 2014 Regular Meeting.
ATTACHMENTS
Contract for Services with Heartland LLC, including Exhibits A-C
W:\Long Range Projects\LCLIP Grant\Contract\Consultants\Info memo_Heartland.doc
54
n
City of ��«^J� x ukwx«a
G200Southcenter Boulevard, Tukwila VVAQ8188
Contract Number:
CONSULTANT AGREEMENT FOR
PLANNING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Heartland LLC, hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafte .
i Project Designation. The Consultant is retained by the City to perform planning services in
connection with the project titled "Evaluating the Feasibility of Implementing Landscape
Conservation and Local Infrastructure Program (LCLIP) in Tukwila"
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies. In
addition, because this project is federally funded, the Consultant agrees to abide by all the
provisions yet forth in Exhibit ^^C" to the Interagency Agreement with City of Tukwila
through Washington State Department of Commerce ("Commerce"), which is attached hereto
and incorporated herein by this reference.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending June 30, 2015, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than June 30, 2015 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
^^B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $42,060 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval tbeocoy, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
B. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. Consultant shall defend, indemnify, and hold Commerce and the State of
Washington, their officers, officials, employees, and volunteers, from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or resulting from
Consultant in performance of this Agreement. The Consultant shall defend, indemnify and
hold the City, its officers, officials, employees and volunteers harmless from any and all
claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting
from the acts, errors or omissions of the Consultant in performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
CA revised : 1 -2013
56
Page 2
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self- insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as required
by this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
CA revised : 1 -2013
Page 3
57
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable. The provisions
of this Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
CA revised : 1 -2013
58
Page 4
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this day of , 2014.
CITY OF TUKWILA CONSULTANT
By:
Mayor, Jim Haggerton
Chris Fiori
Principal & Project Director
Heartland LLC
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised : 1 -2013
Page 5
59
Exhibit A
Scope of Services
Heartland LLC, with assistance from subconsultants ECONorthwest and Forterra, will provide
services associated with Tasks 2 -7 below.
Task
Deliverable
Timeline /Deadline
1. Project Administration/
Management
No consultant services required for this task — City
staff task
On -going
2. Project Launch
Memorandum summarizing:
2.1 — Project definition/ needs assessment based on
Contractor and King County meeting with consulting
team to clarify methods, presentations, and
deliverable schedules.
2.2 - Review of existing development regulations in
the redevelopment areas:
• Tukwila Urban Center, and
• Tukwila International Boulevard.
2.3 - Review of planned development policies.
2.4 — Review of current and projected
redevelopment market conditions.
2.5 — Assessment of potential range of Contractor
role in redevelopment market.
August 31, 2014
3. Redevelopment Capacity
Analysis
3.1 - Memorandum summarizing findings from
growth projection analysis, land supply analysis, and
bonus increment evaluation.
3.2 — Supplemental buildable lands analysis.
September 30, 2014
4. Incentive Program
Review
4 - Memorandum summarizing findings of program
utilization, pricing review, residual land value
analysis, and incentive structure recommendations.
October 31, 2014
5. Landscape Conservation
and Local Infrastructure
Program (LCLIP) Revenue
and Policy Analysis, with
input from King County
staff.
5 - Technical memorandum summarizing revenue
scenarios and policy analysis findings.
November 30, 2014
CA revised : 1 -2013
60
Page 6
6. LCLIP Structure and
Parameter Testing, in
coordination with King
County.
6 - Technical memorandum summarizing findings of
,LCLIP optimization and areas of risk exposure.
December 31, 2014
7. Implementation Package
7 — Memorandum recommending specific steps for
the Contractor to implement LCLIP.
January 31, 2015
8. Public Legislative
Process
Staff reports and materials for presentations to City
Council. No consultant services required
June 30, 2015
CA revised : 1 -2013
Page 7
61
Exhibit B
Budget
TASKS
GRANT AMOUNT
Task 1. Project Administration/Management
$0
Task 2, Project Launch
$3,460
Task 3. Redevelopment Capacity Analysis
$7,860
Task 4. Incentive Program Review
$9,290
Task 5. LCLIP Revenue and Policy Analysis
$7,240
Task 6. LCLIP Structure and Parameter Testing
$11,390
Task 7, Implementation Package
S2,820
Task 8. Public Legislative Process
$0
TOTAL
$42,060
CA revised : 1-2013
62
Page 8
14-064
Council Approval 5/5/14
Department of Commerce
Interagency Agreement with
City of Tukwila
through
For
Department of Commerce
Growth Management Services
National Estuary Program (NEP)
Puget Sound Watershed Protection and Restoration Grant
Start date:
Date of Execution
Washington State Department of Commerce
www.COMMERCE.wa.gov
63
THIS PAGE INTENTIONALLY LEFT BLANK
Department of Commerce
Contract #14- 63401 -007
64
Special Terms and Conditions 1
Face Sheet 1
1. Acknowledgement of Federal Funding 2
2. Contract Management 2
3. Compensation 2
4. Quarterly Reports 3
5. Final Report 3
6. Billing Procedures and Payment 3
7. Insurance 3
8. Quality Assurance Project Plan 5
9. Peer Review 5
10. Disadvantaged Business Enterprise Requirements 6
11. DUNS and CCR Requirements 6
12. FY2011 ACORN Funding Restriction 7
13. Order of Precedence 7
General Terms and Conditions 8
1. Definitions 8
2. Advance Payments Prohibited 8
3. All Writings Contained Herein 8
4. Amendments 8
5. Americans With Disabilities Act (ADA) 8
6. Assignment 8
7. Attorney's Fees 8
8. Audit 8
9. Certification Regarding Debarment, Suspension or Ineligibility and Voluntary
Exclusion 10
10. Confidentiality /Safeguarding of Information 10
11. Conflict of Interest 11
12. Copyright Provision 11
13. Disputes 12
14. Duplicate Payment 12
15. Governing Law and Venue 12
16. Indemnification 12
17. Independent Capacity of the Contractor 13
18. Industrial Insurance Coverage 13
19. Laws 13
20. Licensing, Accreditation and Registration 17
21. Limitation of Authority 17
22. Noncompliance With Nondiscrimination Laws 17
23. Political Activities 17
24. Procurement Standards for Federally Funded Programs 17
25. Publicity 18
26. Recapture 18
27. Records Maintenance 19
28. Right of Inspection 19
29. Savings 19
30. Severability 19
Department of Commerce ii
Contract #14- 63401 -007
65
31. Site Security 19
32. Subcontracting 19
33. Survival 20
34. Taxes 20
35. Termination for Cause 20
36. Termination for Convenience 20
37. Termination Procedures 20
38. Treatment of Assets 21
39. Waiver 22
Attachment A, Scope of Work
Attachment B, Budget
Department of Commerce
Contract #14 -63401 -007
66
FACE SHEET
Contract Number: 14 -63401 -007
Washington State Department of Commerce
Local Government and Infrastructure Division
Growth Management Services
National Estuary Program (NEP) — Puget Sound Watershed Protection and Restoration Grant
1. Contractor
City of Tukwila
6300 Southcenter Blvd.
Tukwila WA 98188
2. Contractor Fiscal Representative
Vicky Carlsen
Deputy Finance Director
206- 433 -1839
yid. \.::ail,%n rt tulo, ill a a.eot
3. Contractor Representative
Lynn Miranda
Senior Planner
206- 433 -7162 I
Hum
4. COMMERCE Representative
Heather Ballash P.O. Box 42525
Senior Planner 101 1 Plum Street SE
Phone: 360 - 725 -3044 Olympia, WA 98504 -2525
hiat lief .halfn,hhaCoininerCe.'',Leo1
S. Contract Amount
$42,060
6. Funding Source
Federal: X State: ❑ Other: ❑ N /A: ❑
7. Start Date
Date of Execution
8. End Date
December 31, 2016
9. Federal Funds (as applicable) Federal Agency: CFDA Number
$42,060 U.S. Environmental Protection Agency 66.123
10. Tax ID #
91- 6001519
11. SWV #
SWV0018023 -00
12. UBI #
91- 6001519
13. DUNS #
01 -020 -7504
14. Contract Purpose
The City of Tukwila will evaluate how the Landscape Conservation and Local Infrastructure Program (LCLIP), promoting urban
redevelopment and resource land conservation, can be implemented in the Tukwila Urban Center and Tukwila International
Boulevard.
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms
of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above.
The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents
incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, and Attachment "B" —
Budget.
FOR CONTRACTOR
• e
FOR COMMERCE
Kendee Yamagu Assist't Director
Local Government and Infrastructure Division
6//3/01 Cl/ 41
1i 'aggerton, ,
of Tukwil.
Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
Date
Department of Commerce
Contract #14 -63401 -007
67
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Reports, documents, signage, videos, or other media, developed as part of projects funded by this
Agreement shall contain the following statement:
THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY UNDER PUGET SOUND ECOSYSTEM RESTORATION AND PROTECTION
COOPERATIVE AGREEMENT GRANT PC- 00J20101 WITH WASHINGTON DEPARTMENT OF ECOLOGY.
THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF
THE ENVIRONMENTAL PROTECTION AGENCY, NOR DOES MENTION OF TRADE NAMES OR
COMMERCIAL PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE."
2. CONTRACT MANAGEMENT
The 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 Contract.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Contract.
The Representative for the Contractor and their contact information are identified on the Face
Sheet of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed forty two thousand sixty dollars ($42,060) for the
performance of all things necessary for or incidental to the performance of work as set forth in the
Scope of Work (Attachment A) and the Budget (Attachment B). If Contractor expends more than the
amount of federal funding in its approved budget in anticipation of receiving additional funds, it does
so at its own risk. The Federal Government, and therefore COMMERCE, is not legally obligated to
reimburse Contractor for costs incurred in excess of the approved budget. Contractor's
compensation for services rendered shall be based on the following rates or in accordance with the
following terms:
EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as
authorized in advance by COMMERCE as reimbursable.
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.
MANAGEMENT FEES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable. The term "management fees or similar charges" refers to expenses added to the direct
costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities,
or for other similar costs which are not allowable under this assistance agreement. Management fees
or similar charges may not be used to improve or expand the project funded under this Agreement,
except to the extent authorized as a direct cost of carrying out the scope of work.
LINE ITEM TRANSFERS
The total amount of transfers of funds between line item budget categories shall not exceed ten (10)
percent of the total budget. If the cumulative amount of these transfers exceeds or is expected to
exceed ten percent, the total budget shall be subject to justification and negotiation of a contract
amendment by the Contractor and COMMERCE.
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4. QUARTERLY REPORTS
Contractor shall submit a status report, using the U.S. Environmental Protection Agency's (EPA)
Puget Sound Financial and Ecosystem Accounting Tracking System (FEATS) form provided by
COMMERCE, every three (3) months describing the progress made on the scope of work outlined in
"Attachment A" and performance measures to be determined with EPA during the term of the
contract. Reports will be due on a schedule to be determined by COMMERCE. Quarterly Reports
shall be submitted to COMMERCE and should be provided electronically.
5. FINAL REPORT
In addition to the quarterly status reports, Contractor shall submit a final report, which is due by the
end date of the contract. The report shall be submitted to COMMERCE and should be provided
electronically. The report shall generally contain the same information as the status reports, but
should cover the entire contract period.
6. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE quarterly.
Payment will be based on satisfactory acceptance of progress made on each task and satisfactory
acceptance of each deliverable.
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 Contract Number 14-
63401 -007. 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 Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
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.
7. 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
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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
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:
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.
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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
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.
8. QUALITY ASSURANCE PROJECT PLAN
The Contractor must first complete a Quality Assurance Project Plan (QAPP) waiver form (see
http: / /www.ecy.wa.00v /programs leap /qa /dots /NEPQAPP /index.html). Completing the waiver form
may indicate that a detailed QAPP is required. Guidelines for Preparing Quality Assurance Project
Plans for Environmental Studies can be found at http / /www ecy.wa qov /biblio /0403030.html. The
Contractor must submit a waiver or QAPP to Ecology's Quality Assurance Officer for review,
comment, and final approval prior to conducting any work on the project (e.g., field measurements,
sample collections, laboratory analyses, analysis of existing data, modeling). All relevant
environmental data must be submitted to Ecology in Environmental Information Management (EIM)
format (see http_ / /www.ecy.wa qov /Elm) unless specified otherwise by the QA Officer.
9. PEER REVIEW
The results of this project may affect management decisions relating to Puget Sound. Prior to
finalizing any significant technical products the Principal Investigator (PI) of this project must solicit
advice, review and feedback from a technical review or advisory group consisting of relevant subject
matter specialists. A record of comments and a brief description of how respective comments are
addressed by the PI will be provided to the Ecology Project Manager prior to releasing any final
reports or products resulting from the funded study.
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10. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
GENERAL COMPLIANCE 40 CFR, Part 33. The Contractor agrees to comply with the requirements
of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement
under assistance agreements, contained in 40 CFR, Part 33.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the
Contractor agrees to make the following good faith efforts whenever procuring construction,
equipment, services and supplies under an EPA financial assistance agreement, and to ensure that
Contractors, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government
recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are
potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include
dividing total requirements when economically feasible into smaller tasks or quantities to permit
maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these
firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency of
the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The Contractor agrees to
complete and submit EPA Form 5700 -52A, " MBE/WBE Utilization Under Federal Grants, Cooperative
Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the
recipient receives the award, and continuing until the end of the contract period. Only procurements
with certified MBE/WBEs are counted toward a COMMERCE's MBE/WBE accomplishments under
the contract with EPA. The reports must be submitted semiannually for the periods ending March
15th and September 15th. Reports should be sent to the COMMERCE representative.
EPA Form 5700 -52A may be obtained from the EPA Office of Small Business Program's Home Page
on the Internet at www.epa.gov /osbp.
11. DUNS and CCR REQUIREMENTS
Unless otherwise exempted from this requirement under 2 CFR 25.110, Contractor must maintain the
currency of its information in the CCR until submission of its final financial report required under this
Award or receive the final payment, whichever is later.
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Contractor may not subcontract to any entity unless the entity has provided its DUNS number to
Contractor.
12. FY2011 ACORN FUNDING RESTRICTION
No funds provided under this Agreement may be used for sub - awards /sub - grants or contracts to the
Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries.
13. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, 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 A — Scope of Work
• Attachment B — Budget
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1. DEFINITIONS
As used throughout this Contract, 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. "COMMERCE" shall mean the Department of Commerce.
C. 'Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
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 Contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Contract
shall be made by COMMERCE.
3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
4. AMENDMENTS
This Contract 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.
5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, also referred to
as the "ADA" 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
6. ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Contractor without prior written consent of COMMERCE.
7. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs.
8. 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 audits 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.
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COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from
the audit.
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 Organizations
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. When state funds are also
to be paid under this Agreement a Schedule of State Financial Assistance must also be included.
Both schedules include:
Grantor agency name
Federal agency
Federal program name
Other identifying contract numbers
Catalog of Federal Domestic Assistance (CFDA) number (if applicable)
Grantor contract number
Total award amount including amendments (total grant award)
Current year expenditures
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.
C. Documentation Requirements
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) by sending a scanned copy to auditreview(EDcommerce wa aov or a
hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504 -2525
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.
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9. 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 Contract, 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 federal Executive Order 12549; and
4. Have not within a three -year period preceding the signing of this Contract 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 Contract, the Contractor
shall attach an explanation to this Contract.
C. The Contractor agrees by signing this Contract 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 Contract 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:
LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor certifies, by signing this Contract 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 Contract,
such contractor shall attach an explanation to this Contract.
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.
10. 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
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,
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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 Contract 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 Contract 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.
11. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the Contractor terminate this contract if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the procurement of, or
performance under this contract.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the Contractor as it could pursue in the event of a breach of the contract
by the Contractor. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the "Disputes" clause of this contract.
12. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract 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 Contract, but that incorporate pre- existing materials not
produced under the Contract, 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 Contract, of all known or potential invasions of privacy contained
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therein and of any portion of such document which was not produced in the performance of this
Contract. 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
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon
the Materials by the Contractor.
EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other
data developed under this assistance agreement for Federal purposes.
Commerce acknowledges that EPA may authorize another grantee to use copyrighted works or other
data developed under this Agreement as a result of: a) the selection of another grantee by EPA to
perform a project that will involve the use of the copyrighted works or other data or; b) termination or
expiration of this agreement.
13. DISPUTES
Except as otherwise provided in this Contract, 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 Contract number; and
• be mailed to the Director and the other party's (respondent's) Contract 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 Contract 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.
14. DUPLICATE PAYMENT
COMMERCE shall not pay the Contractor, if the Contractor has charged or will charge the State of
Washington or any other party under any other contract or agreement, for the same services or
expenses.
15. GOVERNING LAW AND VENUE
This Contract 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.
16. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, for and against all claims for injuries or death arising out of or resulting from the
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performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by
Contractor's agents, employees, representatives, or any subcontractor or its employees.
The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim
arising out of or incident to the Contractor's or any subcontractor's performance or failure to perform
the contract. The Contractor's obligation to indemnify, defend, and hold harmless the State shall not
be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The Contractor waives its immunity under Title 51 ROW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
17. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract 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.
18. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Contractor to the accident fund from the amount payable to the Contractor by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L &1) Division of Insurance Services. This provision does not waive any of L &I's rights to
collect from the Contractor.
19. 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. Audits
Office of Management and Budget (OMB) Revised CircularA -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.
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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.
Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR
570.607(b)).
0. 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.
FAR 31.2 for Commercial Operations.
An electronic copy of all the Circulars and applicable CFR's may be obtained via the OMB Home
Web page at http. / /viww Whitehouse gov /omb /circulars default.
Unless otherwise indicated, the Cost Principles apply to the use of funds provided under this
Agreement and In -kind matching donations. The applicability of the Cost Principles depends on
the type of organization incurring the costs.
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.
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
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FEDERAL FUNDS
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.
Contractor agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. Contractor
shall include the language of this provision in award documents for all sub - awards exceeding
$100,000, and require that subcontractors submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti- Lobbying Amendment, any recipient who makes a prohibited
expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
expenditure.
Part 30 Recipients - All contracts awarded by Contractor shall contain, when applicable, the anti -
lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, Contractor affirms that it is not a non - profit
organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a
non - profit organization described in Section 501(c)(4) of the Code but does not and will not
engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act.
Lobbying and Litigation - Contractor's chief executive officer shall ensure that no grant funds
awarded under this Agreement are used to engage in lobbying of the Federal Government or in
litigation against the United States unless authorized under existing law. Contractor shall abide by
its respective OMB Circular (A -21, A -87, or A-122), which prohibits the use of Federal grant funds
for litigation against the United States or for lobbying or other political activities.
Non - Supplanting Federal Funds.
Section 8 Housing Assistance Payments Program.
Hotel -Motel Fire Safety Act - Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a,
Contractor agrees to ensure that all space for conferences, meetings, conventions, or training
seminars funded in whole or in part with federal funds complies with the protection and control
guidelines of the Hotel and Motel Fire Safety Act (PL 101 -391, as amended. Contractor may
search the Hotel -Motel National Master List at: http: / /www.usfa.dhs.gov /applications /hotel to see if
a property is in compliance (FEMA ID is currently not required), or to find other information about
the Act.
Recycled Paper
Institutions of Higher Education Hospitals and Non - Profit Organizations - In accordance with 40
CFR 30.16, Contractor agrees to use recycled paper and double -sided printing for all reports
which are prepared as a part of this Agreement and delivered to EPA. This requirement does not
apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on
recycled paper and are available through the General Services Administration.
State Agencies and Political Subdivisions - In accordance with Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a
political subdivision of a State which is using appropriated Federal funds shall comply with the
requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of
an item where the purchase price exceeds $10,000 or where the quantity of such items acquired
in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that
preference be given in procurement programs to the purchases of specific products containing
recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40
CFR 247.
State and Local Institutions of Higher Education and Non - Profit Organizations - In accordance
with 40 CRF 30.16, State and local institutions of higher education, hospitals, and non - profit
organizations that receive direct Federal funds shall give preference in their procurement
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programs funded with Federal funds to the purchase of recycled products pursuant to EPA's
guidelines.
State Tribal and Local Government Recipients - In accordance with the policies set forth in EPA
Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and
Transportation Management (January 24, 2007), Contractor agrees to use recycled paper and
double sided printing for all reports which are prepared a part of this Agreement and delivered to
EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to
Standard Forms, which are printed on recycled paper and are available through the General
Services Administration.
Drug -Free Workplace Certification - Contractor must make an ongoing, good faith effort to
maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR
36.200 - 36.230. Additionally, in accordance with these regulations, Contractor organization must
identify all known workplaces under its federal award; and keep this information on file during the
performance of the award.
Contractors who are individuals must comply with the drug -free provisions set forth in Title 40
CFR 36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.510. Contractors
can access the Code of Federal Regulations (CFR) Title 40 Part 36 at:
http. / /viww. access .gpo.gov /n_ara /cfr/waisidx 06/40cfr36 06 html.
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g)): To implement
requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the
following provisions apply to this contract:
a. EPA, as the Federal awarding agency for the funds being administered under this contract
may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity:
(1) is determined to have violated an applicable prohibition in the Prohibition Statement below;
or (2) has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in the Prohibition Statement below through
conduct that is either: (a) associated with performance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to
an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by EPA at
2 CFR part 1532. You must inform EPA immediately of any information you receive from any
source alleging a violation of a prohibition in the Prohibition Statement below.
b. EPA's right to terminate unilaterally that is described in paragraph a of this award term: (1)
implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance
that are available to EPA under this award.
c. You must include the requirements of the Prohibition Statement below in any subaward you
make to a private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award,
and subrecipients' employees may not engage in severe forms of trafficking in persons during
the period of time that the award is in effect; procure a commercial sex act during the period of
time that the award is in effect; or use forced labor in the performance of the award or
subawards under the award.
F. Privacy
Privacy Act of 1974, 5 U.S.C. 552a.
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Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (1).
B. Boards of directors or officers of non - profit corporations — Liability - Limitations, RCW 4.24.264.
C. Disclosure- campaign finances- lobbying, Chapter 42.17A 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.
20. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
21. LIMITATION OF AUTHORITY
Only the Authorized Representative or the Authorized Representative's delegate by writing
(delegation to be made prior to action) shall have the express, implied, or apparent authority to alter,
amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration,
amendment, modification, or waiver or any clause or condition of this contract is not effective or
binding unless made in writing and signed by the Agent
22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, 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 Contract may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further
contracts 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.
23. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17A 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.
24. 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
Contract.
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 Contract.
The Contractor's procurement system should include at least the following:
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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.
g. 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 contract administration to ensure Contractor conformance with terms,
conditions and specifications of this Contract, 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 Contract to enter into a sole source contract or a contract where only one bid or
proposal is received when value of this Contract 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.
25. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
26. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and /or the provisions of this Contract, 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.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Contract.
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FEDERAL FUNDS
27. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be
subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
28, RIGHT OF INSPECTION
The Contractor shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and /or quality
assurance under this contract.
29. SAVINGS
in the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may terminate
the Contract under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
30. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
31. SITE SECURITY
While on COMMERCE premises, the Contractor, its agents, employees, or subcontractors shall
conform in all respects with physical, fire or other security policies or regulations.
32. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract 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,
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.
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If Contractor subcontracts under this Contract, Contractor is responsible for selecting its
subcontractors and, if applicable, for conducting sub - contract competitions. Contractor agrees to:
1. Establish all subcontract agreements in writing;
2. Maintain primary responsibility for ensuring successful completion of the approved project
(CONTRACTOR CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUBCONTRACTOR).
3. Ensure that any subcontracts comply with the standards in Section 210(a) -(d) of OMB Circular A-
133, and are not used to acquire commercial goods or services for the subcontractor.
4. Ensure that any subcontracts to 501(c)(4) organizations do not involve lobbying activities;
5. Monitor the performance of subcontractors, and ensure subcontractors comply with all applicable
regulations, statutes, and terms and conditions which flow down in the subcontract;
6. Obtain COMMERCE consent before making a sub -award to a foreign or international
organization, or a subcontract to be performed in a foreign country; and
7. Obtain approval from COMMERCE for any new subcontract work that is not outlined in the
approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
33. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
34. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall
be the sole responsibility of the Contractor.
35. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
36. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
37. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
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FEDERAL FUNDS
acquired for the performance of such part of this contract as has been terminated. The provisions of
the "Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. COMMERCE may withhold from any amounts due the Contractor such sum as the
Authorized Representative determines to be necessary to protect COMMERCE against potential loss
or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
1. Stop work under the contract on the date, and to the extent specified, in the notice;
2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, 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;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the Authorized Representative any property which, if the contract had been completed, would
have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
7. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which COMMERCE has or may acquire an interest.
38. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or (ii) commencement of use of such property in the performance
of this contract, or (iii) reimbursement of the cost thereof by the AGENCY in whole or in part,
whichever first occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
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Contractor to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
39. WAIVER
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 Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A
Scope of Work
Task
Deliverable
Timeline /Deadline
1. Project Administration/
Management
1.1 - Quality Assurance Project Plan (QAPP) Waiver
Form and, if necessary, QAPP.
July 31, 2014
1.2 - Quarterly progress reports and financial
vouchers.
Quarterly:
July 10, 2014
October 10, 2014
January 10, 2015
April 10, 2015
July 10, 2015
And if needed:
October 10, 2015
January 10, 2016
1.3 - Final project summary report.
July 10, 2015
2. Project Launch
Memorandum summarizing:
2.1 — Project definition/ needs assessment based on
Contractor and King County meeting with consulting
team to clarify methods, presentations, and
deliverable schedules.
2.2 - Review of existing development regulations in
the redevelopment areas:
• Tukwila Urban Center, and
• Tukwila International Boulevard.
2.3 - Review of planned development policies.
2.4 — Review of current and projected
redevelopment market conditions.
2.5 — Assessment of potential range of Contractor
role in redevelopment market.
August 31, 2014
3. Redevelopment Capacity
Analysis
3.1 - Memorandum summarizing findings from
growth projection analysis, land supply analysis,
and bonus increment evaluation.
3.2 — Supplemental buildable lands analysis.
September 30, 2014
4. Incentive Program
Review
4 - Memorandum summarizing findings of program
utilization, pricing review, residual land value
analysis, and incentive structure recommendations.
October 31, 2014
23
Department of Commerce
Contract #14 -63401 -007
89
Attachment A
Task
Deliverable
Timeline /Deadline
5. Landscape Conservation
and Local Infrastructure
Program (LCLIP) Revenue
and Policy Analysis, with
input from King County
staff.
5 - Technical memorandum summarizing revenue
scenarios and policy analysis findings.
November 30, 2014
6. LCLIP Structure and
Parameter Testing, in
coordination with King
County.
6 - Technical memorandum summarizing findings of
LCLIP optimization and areas of risk exposure.
December 31, 2014
7. Implementation Package
7 — Memorandum recommending specific steps for
the Contractor to implement LCLIP.
January 31, 2015
8. Public Legislative
Process
8 - Staff reports and materials for presentations to
City Council.
June 30, 2015
Department of Commerce
Contract #14- 63401 -007
90
24
Attachment A
Budget
TASKS
CIT1' MATCH
KING
COUNTI'
MATCH
GRANT
AMOUNT
TOTAL
PROJECT
COST
Task I. Project Administration/Management
$1,275
$0
$1 ,275
Task 2. Project Launch
322
$833
3,460
5,448
Task 3. Redevelopment Capacity Analysis
318
7,860
8,178 j
Task 4. Incentive Program Review
319
$833
9,290
9,609
Task 5. LCLIP Revenue and Policy
Analysis
319
$833
7,240
7,559
Task 6. LCLIP Structure and Parameter
Testing
322
$833
11,390
13,379
Task 7. Implementation Package
312
$833
2,820
4,799
Task 8. Public Legislative Process
4,243
$835
0
4,243
TOTAL '
7,430
5,000
$42,060
$54,490
25
Department of Commerce
Contract #14 -63401 -007
91
92
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
July 15, 2014 — 5:30 p.m. — Hazelnut Conference Room
PRESENT
Councilmembers: Joe Duffie, Chair; Dennis Robertson, Verna Seal
Staff: Jack Pace, Ryan Larson, Lynn Miranda, Rachel Turpin, Laurel Humphrey
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
Committee Chair Duffie requested a moment of silence in memory of Shelley Kerslake.
A. Grant Acceptance: Duwamish Gardens Project
Staff is seeking Council approval to approve a grant agreement with the Salmon Recovery
Funding Board for $949,434.00 for the Duwamish Gardens Project, which is now in the final
design and permitting phase with construction expected this fall. This award requires a City match
of $301,523 which can come from other non -State funding sources, and an additional
$1,565,000.00 in construction grant funding has already been secured from the King County
Flood Control District and King Conservation District. The total construction cost estimate is
$1,800,000.00. UNANIMOUS APPROVAL. FORWARD TO JULY 21, 2014 REGULAR
CONSENT AGENDA.
B. Contract: Heartland LLC
Staff is seeking Council approval of a service contract with Heartland LLC to evaluate how the
Landscape Conservation and Local Infrastructure Program (LCLIP) promoting urban
redevelopment and resource land conservation could be implemented in the City. The cost for
these services is $42,060 and is fully funded by a Washington State Department of Commerce
grant which was accepted in May 2014. LCLIP is a program that allows cities to access a portion
of county property tax in exchange for adopting policies that incentivize protection of resource
lands while directing development toward urban growth areas. UNANIMOUS APPROVAL.
FORWARD TO JULY 21, 2014 REGULAR CONSENT AGENDA.
C. Interlocal Agreement: Tukwila Pool Metropolitan Park District
Staff is seeking Council approval of amendments to the Interlocal Agreement for Pool Operations
and Support Systems proposed by the Tukwila Pool Metropolitan Park District (TPMPD) Board of
Commissioners. The Committee previously reviewed proposed amendments to the ILA at its June
10 meeting and forwarded those amendments to the June 23, 2014 Committee of the Whole. At
its June 25, 2014 TPMPD meeting the Board approved additional changes that must
subsequently be approved by the Council. The Committee discussed the most recent version of
the ILA as well as the direction of the pool operations and likely transition to a different provider.
Following discussion, Councilmember Robertson approved the latest version of the ILA and
Councilmembers Duffie and Seal were in favor of forwarding the item to the Committee of the
Whole with no recommendation. DIVIDED RECOMMENDATION. FORWARD TO JUNE 28,
2014 COMMITTEE OF THE WHOLE FOR DISCUSSION.
93
94
COUNCIL AGENDA SYNOPSIS
Meetin Date
07/21/14
Pre.ared by
BG
M' or's review
Council review
Gardens
of Salmon Recovery Funding Board Grant
CATEGORY ❑ Discwssion
Mtg Date
,\lotion
Date 07/21/14
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
►1
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ Pe7R ❑ Police /1 PW
ITEM INFORMATION
ITEM No.
5.G.
95
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 07/21/14
AGENDA ITEM TITLE Duwamish
Acceptance
Gardens
of Salmon Recovery Funding Board Grant
CATEGORY ❑ Discwssion
Mtg Date
,\lotion
Date 07/21/14
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
►1
Mtg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ Pe7R ❑ Police /1 PW
SPONSOR'S The City has been awarded a $949,434 construction grant from the Washington State
SUMMARY Recreation and Conservation Office's Salmon Recovery Funding Board (SRFB) for the
Duwamish Gardens Project. SRFB originally provided acquisition and design funding and
with this grant, construction funding is now at $2,514,434. The City match is $301,523 and
other grants will cover the matching requirements. Council is being asked to accept the
SRFB grant funds of $949,434.
REVIEWED BY (wq I COW Mtg.
❑ Utilities Cmte
DA 1E: 07/15/14
/1
CA &P Cmte
❑ F &S Cmte ❑ Transportation Cmte
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: JOE DUFFIE
❑ Arts Comm.
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEI:
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXI'IINDITURI RIEQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRE!)
$0.00 $0.00 $0.00
Fund Source: 301 PARKS (PG 37, 2014 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
07/21/14
MTG. DATE
ATTACHMENTS
07/21/14
Informational Memorandum dated 07/11/14
WA State Salmon Recovery Funding Board Grant Agreement
Minutes from the Community Affairs & Parks Committee meeting of 07/15/14
95
96
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Bob Giberson, Public Works Director
By: Ryan Larson, Senior Program Manager
DATE: July 11, 2014
SUBJECT: Duwamish Gardens
Project No. 90630102
Grant Acceptance - Salmon Recovery Funding Board
ISSUE
Accept a grant from the Washington State Salmon Recovery Funding Board (SRFB) for
construction of the Duwamish Gardens Project.
BACKGROUND
The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon
habitat site with minor park elements. The project is in the final design and permitting phase.
Construction is anticipated to begin this Fall.
Staff worked with the WRIA 9 Habitat Team to secure construction funding through available
granting sources. The grant applications included; the King County Flood Control District
(KCFCD), the Salmon Recovery Funding Board (SRFB), the Aquatic Lands Enhancement
Account (ALEA), the Puget Sound Acquisition and Restoration Fund (PSAR), and the King
Conservation District (KCD). To date, construction grant funding of $1,265,000 has been
secured from KCFCD, $300,000 from KCD, and this grant from the SRFB for $949,434. No
other grant funding opportunities are currently pending.
ANALYSIS
SRFB provided acquisition and design funding for Duwamish Gardens. This SRFB
construction grant is for $949,434 and is made up of funding from the Salmon Federal
Projects and PSAR grant programs, which are both administered by SRFB. The SRFB
construction grant requires a p jaotsponmornnatohof$8O1.523.TheCitv'sGp0nGorrn8ich
can be made up of any combination of City or other non-State grant funding, which allows our
other granting sources to cover the matching requirement. The current construction cost
estimate is $1'800,000 and the total available in construction grant funding including this
agreement is $2,514,434.
RECOMMENDATION
Council is being asked to approve the grant agreement with the Salmon Recovery Funding
Board for $949,434.00 for the Duwamish Gardens P ject and consider this item on the
Consent Agenda of the July 21, 2014 Regular Meeting.
Attachment: SRFB Grant Agreement
WAPWmg \ PROJECTS \A- DR Projects m=amish Gardens 06-DRO2 (906301 Memo PSAR Construction Grant Accept.docx
98
WASHINGTON STATE
Recreation and
Conservation Office
Project Sponsor:
Project Title:
PSAR Project Agreement
Salmon Funding Accounts
City of Tukwila
Duwamish Gardens Restoration
Project Number: 13 -1099R
Approval Date: 12/4/2013
A. PARTIES OF THE AGREEMENT
This project grant Agreement (Agreement) is entered into between the State of Washington by and through the
Salmon Recovery Funding Board (SRFB) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,
Washington 98504 -0917 and City of Tukwila (sponsor), 6200 Southcenter Blvd, Tukwila, WA 98188 and shall be
binding on the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the
State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for
the project named above.
C. DESCRIPTION OF PROJECT
City of Tukwila proposes to complete Duwamish Gardens estuary restoration project, creating valuable shallow water
habitat and native riparian vegetation on a 2.34 acre site owned by the City (Acq 06 -2199) and on adjacent WADNR
aquatic lands. The site is located on the right bank of the Duwamish River immediately downstream of river mile 7.0
between the Codiga Farms restoration at RM 8.5 and North Wind's Weir restoration at RM 6.4, in the high priority
Duwamish Estuary "transition zone" between fresh and salt water. Off channel and shallow water habitats in this
stretch of the Duwamish are needed to provide opportunities for juvenile Chinook to move out of the main channel to
habitats where they can feed and rear. Longer residence times in the estuary allow for larger, healthier smolts prior to
ocean migration, and thus, improved survival. The property is among the largest available site for habitat restoration
remaining in the Duwamish corridor.
The new habitat will be created by excavating 30,000 cubic yards of material to establish approximately —0.89 acre of
shallow water mudflat and marsh habitat, and —1.24 acre of restored riparian area. Additional park enhancements will
include a small parking lot, pedestrian trail, and river viewpoint, to be installed with non -SRFB funds. Interpretive signs
and /or art work will feature the cultural history of the area and ecological features of the site.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 5, 2013 and end on April 1, 2016. No expenditure made
before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement or specifically provided for by RCFB and /or SRFB policy or WAC.
Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is
made after the Agreement end date, the time extension may be denied.
The sponsor has obligations beyond this period of performance as described in Section E.
E. ON -GOING OBLIGATION
The Project Sponsor's ongoing obligation for the above project under this Agreement is to provide maintenance of the
site or facility to serve the purpose for which it was intended for a minimum of ten (10) years, or more as specified in
the Landowner Agreement, after the final payment unless the site or facility is rendered unusable for the purpose it
was intended by an act of nature.
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed $949,434.00. The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount.
The contribution by the sponsor toward work on this project at a minimum shall be as indicated below:
SRFB - Salmon State Projects
SRFB - Puget Sound Acq. & Restoration
Project Sponsor
Total Project Cost
Percentage Dollar Amount
26.17% $327,353.00
49.73% $622,081.00
24.10% $301,523.00
100.00% $1,250,957.00
PSAR Project Agreement - RCO #13 -1099R
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
Salmon Funding Accounts
Page 1 of 17
99
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now
existing or hereafter amended, including the sponsor's application, eligible scope activities, project milestones, and
the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein.
Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such amendment/deletions must be signed by both parties except the RCO
director may unilaterally make amendments to extend the period of performance. Period of performance extensions
need only be signed by RCO's director or designee.
H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB -SRFB POLICIES
This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 77.85 RCW, Chapter 420 WAC, and published agency policies, which are incorporated
herein by this reference as if fully set forth.
I. SPECIAL CONDITIONS
The sponsor agrees to comply with Attachment A "EPA Provisions for Puget Sound Estuary and
Restoration Projects ". Attachment A is incorporated by this reference as if fully set forth herein . This
project is used as state match for the National Estuary Program administered by the U.S. Environmental
Protection Agency. As such, the EPA Provisions are required in addition to the RCO standard Terms and
Conditions.
I. Disclosure notice:
Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration
money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as
match to one of the following federal assistance agreements: 1) United States Department of Commerce
Catalog of Federal Domestic Assistance Number 11.438, or 2) United State Environmental Protection
Agency Catalog of Federal Domestic Assistance Numbers 66.123 and 66.456.
Il. Cultural Resources Consultation:
This project is subject to the National Historic Preservation Act, Section 106, and therefore appears to be
exempt from Governor's Executive Order 05 -05 Archaeological and Cultural Resources (EO 05 -05) as
described in Section 9 of this project agreement. In order for this project to be exempt from EO 05 -05, the
Section 106 Area of Potential Effect (APE) must include all ground- disturbing activities subject to this
project agreement, including the restoration staging area. The sponsor is encouraged to work with the
federal permitting agency to align the Section 106 APE with the scope of work subject to this project
agreement. If the APE does not include all ground- disturbing activities subject to this project agreement,
promptly notify the RCO grant manager, as this will require RCO to initiate cultural resources consultation
following EO 05 -05 for those activities not included in the federal APE. Completion of this consultation and
a Notice to Proceed from RCO will be required before these ground- disturbing activities can begin.
Ill. State Owned Aquatic Lands:
Habitat Restoration on State Owned Aquatic Lands: The in -water portion of this project occurs on
state -owned aquatic lands managed by the Department of Natural Resource (DNR) on behalf of the State
of Washington. The project sponsor must work with DNR's Aquatic Land Managers to secure a lease, an
easement or a right of entry, as authorization to complete the restoration work. It is important for the
sponsor to coordinate early with the appropriate Land Manager to avoid project delays. See the DNR Land
Manager Coverage Map for contact information in your project area
( «http: / /www.dnr.wa.gov /Publications /aqr land manager map.pdf »). Additional information on
State -owned aquatic lands can be found in Section 2 of Manual 18 (2012).
IV. Contaminated Soils Remediation Ineligible:
In 2004 Gary Struthers Associates, Inc (GSA) conducted a Phase II Environmental Site Assessment (ESA)
for Sound Transit on the site, and in 2008 a supplemental Phase II ESA was completed. One or more of the
soil samples contained concentrations slightly or moderately exceeding the State of WA Model Toxics
Control Act (MTCA) Method A or B soil cleanup levels (see Attachment 43 for additional information).
Sponsor acquired the property with funding from PRISM No. 06 -2199
(https: / /secure.rco.wa.gov /prism/ search /projectsnapshot.aspx ?ProjectNumber =06- 2199). Acquisitions
Manual 3 (2010) p 46 states that "Purchase of property contaminated with any hazardous substance not
meeting the MTCA's standards is ineligible for RCO grant funding. " In order to avoid a compliance issue,
sponsor agreed to bear the site clean -up and remediation costs. In the letter from RCO to sponsor dated
Nov 22, 2011, RCO agreed that the clean -up can be delayed to coincide with the restoration work provided
that by December 31, 2015 the site would be clean, or there would be a fully- funded plan in place for
PSAR Project Agreement - RCO #13 -1099R
Chapter 77.85 RCW, Chapter 420 WAC
PR OJAG R. R PT
100
Salmon Funding Accounts
Page 2 of 17
clean -up (06 -2199 PRISM Attach 50
https: / /secure.rco.wa.gov /prism/ search /ProjectSnapshotAttachmentData .aspx ?id = 129874).
Before putting this project out to bid, the sponsor will secure approval from RCO on a plan to 1) manage
the contaminated soil clean -up and remediation in compliance with applicable state and federal laws and 2)
segregate associated clean -up costs from the restoration project excavation costs. The costs of the
contaminated soil clean -up including soil removal, transportation, and disposal are ineligible for
reimbursement or match under this project agreement.
V. Construction Design Deliverables:
The project will meet the standards for Design and Restoration Project Deliverables described in Manual
18 Appendix D "Construction and "Design Build" Deliverables." The preliminary and final design was
completed with funding from Project Agreement No. 10 -1605. For this project agreement, the sponsor must
provide As -built design documents at completion of construction.
VI. PSAR funded projects:
Any signage or press materials must acknowledge the Puget Sound Acquisition and Restoration Fund as
well as RCO as a fund source.
J. FEDERAL FUND INFORMATION
(none)
K. PROJECT GRANT AGREEMENT REPRESENTATIVE
All written communications and notices under this Agreement will be addressed and sent to at least the mail address
or the email address listed below if not both:
proiect Contact SRFB
Name: Ryan Larson Recreation and Conservation Office
Title: Sr. Surface Water Mgt. Eng. Natural Resources Building
Address: 6300 Southcenter Blvd PO Box 40917
Tukwila, WA 98188 -2544 Olympia, Washington 98504 -0917
Email: ryan.larson @tukwilawa.gov
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
PSAR Project Agreement - RCO #13 -1099R
Chapter 77.85 RCW, Chapter 420 WAC
P ROJAG R. R PT
Salmon Funding Accounts
Page 3 of 17
101
M. EFFECTIVE DATE
This Agreement, for project 13- 1099R, shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible
and allowable costs incurred within the period of performance identified in Section D above are allowed only when this
Agreement is fully executed and an original is received by RCO.
The sponsor /s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this
Agreement. The signators listed below represent and warrant their authority to bind the parties to this Agreement.
City of Tukwila
By:
Name: (printed)
Title:
State of Washington
On behalf of the Salmon Recovery Funding Board (SRFB)
Date:
By: Date:
Kaleen Cottingham
Director
Pre - approved as to form:
By: Is/
Assistant Attorney General
Date:
June 7, 2013
PSAR Project Agreement - RCO #13 -1099R
Chapter 77.85 RCW, Chapter 420 WAC
P R OJAG R. R PT
102
Salmon Funding Accounts
Page 4 of 17
Standard Terms and Conditions
of the Project Agreement
Table of Contents Page
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS 7
SECTION 2. PERFORMANCE BY THE SPONSOR 8
SECTION 3. ASSIGNMENT 8
SECTION 4. RESPONSIBILITY FOR PROJECT 8
SECTION 5. INDEMNIFICATION 8
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR 8
SECTION 7. CONFLICT OF INTEREST 9
SECTION 8. ACKNOWLEDGMENT AND SIGNS 9
SECTION 9. COMPLIANCE WITH APPLICABLE LAW 9
SECTION 10. HAZARDOUS SUBSTANCES 10
SECTION 11. RECORDS 10
SECTION 12. TREATMENT OF ASSETS 10
SECTION 13. RIGHT OF INSPECTION 11
SECTION 14. STEWARDSHIP AND MONITORING 11
SECTION 15. DEBARMENT CERTIFICATION 11
SECTION 16. PROJECT FUNDING 11
SECTION 17. PROJECT REIMBURSEMENTS 11
SECTION 18. ADVANCE PAYMENTS 12
SECTION 19. RECOVERY OF PAYMENTS 12
SECTION 20. CONVENANT AGAINST CONTINGENT FEES 12
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND
RESTORATION PROJECTS 12
SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS 13
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY
AND /OR FACILITIES TO OTHER USES 13
SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE
OF ASSISTED PROJECTS 14
SECTION 25. INCOME AND INCOME USE 14
SECTION 26. PREFERENCES FOR RESIDENTS 14
PSAR Project Agreement - RCO #13 -1099R
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
Salmon Funding Accounts
Page 5 of 17
103
SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)
SPONSORS 14
SECTION 28. LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS
AND ARCHERY RANGE SPONSORS 15
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE 15
SECTION 30. FARMLAND PRESERVATION ACCOUNT 15
SECTION 31. ORDER OF PRECEDENCE 15
SECTION 32. AMENDMENTS 15
SECTION 33. LIMITATION OF AUTHORITY 15
SECTION 34. WAIVER OF DEFAULT 16
SECTION 35. APPLICATION REPRESENTATIONS - MISREPRESENTATIONS
OR INACCURACY OR BREACH 16
SECTION 36. SPECIFIC PERFORMANCE 16
SECTION 37. TERMINATION 16
SECTION 38. DISPUTE HEARING 16
SECTION 39. ATTORNEYS' FEES 17
SECTION 40. GOVERNING LAW /VENUE 17
SECTION 41. SEVERABILITY 17
PSAR Project Agreement - RCO #13 -1099R
Chapter 77.85 RCW, Chapter 420 WAC
P R OJAG R. R PT
104
Salmon Funding Accounts
Page 6 of 17
WASHINGTON STATE
Recreation and
Conservation Office Standard Terms and Conditions
of the Project Agreement
Project Sponsor:
Project Title:
City of Tukwila
Duwamish Gardens Restoration
Project Number: 18'1093R
Approval Date: 12/4/2013
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
A
Any citation referencing specifi documents refer to the current version at the date of project Agreement and/or any revision in
the future.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this
Agreement.
C. Definitions. As used throughout this Agreement, the following terms shall hav the meaning set forth below
acquisition -The purchase of fee or less than fee interests in real property. These interests include, but are not limited to,
conservation eaxcmemo, access/trail easemen*, covenants, water rights, |c"oox, and mineral rights.
Agreement The accord accepted by all parties to the present transaction; this Agreement, any supplemental Agreements, any
amendments to this Agreement and any intergovernmental Agreements.
applicant Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application
soliciting a grant of funds from the funding Board.
application The documents and other materials that an applicant submits to the RCO to support the applicant's request for
grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other
documents as noted on the application checklist including but not limited to legal vpinionn, mapn, vmnu, evaluation presentations
and scripts.
asset Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement. This
definition is restricted to non-fixed assets, including but not limited to vehicles, computers or machinery,
cognizant or oversight agency Federal agency responsible for ensuring compliance with federal audit requirements.
contractor Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this
project under a separate Agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier.
development The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or
materials to enhance outdoor recreation, salmon recovery or habitat conservation resources.
director The chief executive officer of the Recreation and Conservation Office or that person's designee.
elements, items and worktypes Components of the funded project as provided in the project description.
funding board The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board
(RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter
77.85.110 RCW.
grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the
Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the
grant-supported project or activities.
landowner agreement A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for
projects located on land not owned, or otherwise controlled, by the sponsor.
lower tier participant refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any
grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO.
milestone An important event with a defined deadline for an activity related to implementation of a funded project.
period of performance The time period specified in the Agreement, under Section 0, period of performance.
project The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds
administered by RCO on behalf of the funding board.
RCO Recreation and Conservation Office The state office that provides administrative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters
79A.25.110 and 79A.25.150 RCVV and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCVV.
reimbursement Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the
Agreement.
renovation The activities intended to improve an existing site or structure in order to increase its service life or functions. This
does not include maintenance activities.
restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of
a site.
RTP Recreational Trails Program A federal grant program administered by RCO that allows for the development and
maintenance of backcountry trails.
secondary sponsor - one of two or more eligible organizations that sponsors a grant-funded project. Of these two sponsors,
only one the primary sponsor may be the fiscal agent.
sponsor The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its
umnem, cmp|oyeaa, agents and successors.
subgrantee - The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for
the use of the funds provided.
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SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor, and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation
summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application
or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated
by this reference as if fully set forth herein. The Order of Precedence is covered in Section 31.
Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to
meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior
written consent of the Recreation and Conservation Office.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project
itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary
sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the
project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to
the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all
post - completion stewardship responsibilities.
SECTION 5. INDEMNIFICATION
The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at
law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any
obligation under this Agreement by, the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any
other persons for whom the sponsor may be legally liable.
Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from
claims, demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its
agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's
agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the
State its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be
legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence
of the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be
legally liable.
This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier.
The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know -how, copyright rights or inventions by the sponsor or the
sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable,
in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes,
designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the
Agreement; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know -how, copyright rights or inventions resulting from State's,
its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to State, its agents,
officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom
the sponsor may be legally liable.
The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State
and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial
insurance law, Title 51 RCW.
The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board
or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of
Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters
41.06 or 28B RCW.
The sponsor is responsible for withholding and /or paying employment taxes, insurance, or deductions of any kind required by federal,
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state, and /or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to
the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this
Agreement.
In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
this project in any release or other publication developed or modified for, or referring to, the project during the project period and
in the future.
B. Signs. The sponsor also shall post signs or other appropriate media during the project period and in the future at project
entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless
exempted in funding board policy or waived by the director.
C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly
state:
1. The percentage of the total costs of the project that is financed with federal money ;
2. The dollar amount of federal funds for the project; and
3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources .
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and
funding board policies regardless of whether the sponsor is a public or non - public organization.
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, and /or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage;
Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances,
Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington
Industrial Safety and Health Act); and Buy American Act.
Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this
requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
Nondiscrimination Laws
The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and /or policies, including but not limited
to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or
refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in
part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any
and all costs or liability arising from the sponsor's failure to so comply with applicable law.
Wages and Job Safety
The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington
which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with
such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this
contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis -Bacon Act, and other federal laws,
and the rules and regulations of the Washington State Department of Labor and Industries.
Archaeological and Cultural Resources
The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The
sponsor must comply with Executive Order 05 -05 or the National Historic Preservation Act before initiating ground disturbing activity.
The funding board requires documented compliance with Executive Order 05 -05 or Section 106 of the National Historic Preservation
Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of
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Executive Order 05 -05. In the event that archaeological or historic materials are discovered during project activities, work in the
location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the
following: concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic
Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must
stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO,
State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW
68.50
Restrictions on Grant Use
No part of any funds provided under this grant shall be used, other than for normal and recognized executive - legislative relationships,
for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such
sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
SECTION 10. HAZARDOUS SUBSTANCES
A. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous substances, as defined in Chapter 70.105D.020 (10) RCW, and certify:
1. No hazardous substances were found on the site, or
2. Any hazardous substances found have been treated and /or disposed of in compliance with applicable state and federal
laws, and the site deemed "clean."
B. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70.105D RCW.
Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and /or agents, from
and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of
any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous
substances on the property the sponsor is acquiring.
C.
SECTION 11. RECORDS
A. Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and
performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently
and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall
retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C) below.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved.
B. Access to records and data. At no additional cost, the records relating to the Agreement, including materials generated under the
Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access to
all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations
of the sponsor's reports, including computer models and methodology for those models.
C. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any
records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in
compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding
received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose
or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor warrants that it possesses
such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state
public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or
copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or
copying and pay the reasonable cost of state's defense of such claims.
SECTION 12. TREATMENT OF ASSETS
A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the
sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO will require the sponsor to deliver the
asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO. Assets
shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing.
B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
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SECTION 13. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the
state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and /or quality assurance under this Agreement.
If a landowner agreement or other form of control and tenure has been executed, it will further stipulate and define the funding board
and RCO's right to inspect and access lands acquired or developed with funding board assistance.
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or
RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the
funding board.
SECTION 15. DEBARMENT CERTIFICATION
A. For Federally Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts
related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at
http:// www .gsaig.gov /index.cfm ?LinkServl D= C4C89080- D2BE- D29A- 96355D44A13E4356.
The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower
tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed
circumstances.
B. For State Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or
contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list at
http: / /www.I ni.wa. g ov /Trades Li ce nsi ng /P revWag a /Awa rd ingAgencies /Debarred Contractors/
SECTION 16. PROJECT FUNDING
A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this
Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this Agreement.
B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible
for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or
program specific eligible pre- Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an
original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such
expenditure from reimbursement.
C. After the period of performance. No expenditure made, or obligation incurred, following the period of performance shall be
eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this
Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation.
D. Disclosure notice. Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration
money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the
following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance
Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123
and 66.456.
SECTION 17. PROJECT REIMBURSEMENTS
A. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after eligible and
allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for
those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO
does not reimburse for donations which the sponsor may use as part of its percentage. All reimbursement requests must include
proper documentation of expenditures as required by RCO.
B.
Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict
compliance with the terms of this Agreement by the sponsor.
C. Compliance and Retainage. RCO reserves the right to withhold disbursement of up to the final ten percent (10 %) of the total
amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when:
1. All approved or required activities outlined in the Agreement are done;
2. On -site signs are in place (if applicable);
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3. A final project report is submitted to and accepted by RCO;
4. Any other required documents are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed; and
8. Fiscal transactions are complete.
9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future.
D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly.
Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published /adopted RCO
policies and procedures regarding reimbursement requirements.
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by
the SRFB and must comply with SRFB policy. See WAC 420 -12 -060 (5).
SECTION 19. RECOVERY OF PAYMENTS
In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and /or the
provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the
amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity.
The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of
twelve percent (12 %) per annum from the time that payment becomes due and owing.
SECTION 20. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach
of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant
amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration
of land or facilities for outdoor recreation, habitat conservation, or salmon recovery:
A.
B.
C.
D.
Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or
construction plans and specifications to RCO for review prior to implementation. Review and approval by RCO will be for
compliance with the terms of this Agreement.
Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state
and /or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures:
(1) publish a notice to the public requesting bids /proposals for the project (2) specify in the notice the date for submittal of
bids /proposals (3)specify in the notice the general procedure and criteria for selection; and (4) comply with the same legal
standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex - orientation that are applicable to state
agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties, including any
proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO.
Sponsors may be required to certify to the RCO that they have followed any applicable state and /or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval.
Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term
lease, easement, or fee simple ownership) for the land proposed for development, renovation or restoration. The documentation
must meet current RCO requirements.
E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract, the contractor agrees to comply with all
federal and state nondiscrimination laws, regulations and policies."
F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three
documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage ", 2003; and
"Integrated Streambank Protection Guidelines ", 2002. These documents and other information can be found on the AHG website.
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SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property
(including easements) for outdoor recreation, habitat conservation, salmon recovery purposes, or farmland preservation:
A.
B.
C.
Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply
documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board
policy.
Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that
has been acquired. This shall be done before any payment of financial assistance.
Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding
assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of
Washington) shall be incorporated into the Agreement before final payment.
D. Conveyance of Rights to the State of Washington. Document securing long -term rights for the State of Washington. When real
property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document
conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of
Right, Assignment of Rights, Easements and /or Leases. The sponsor agrees to use document language provided by RCO, to
record the executed document in the County where the real property lies, and to provide a copy of the recorded document to
RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not
those rights are being acquired in perpetuity.
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and /or
use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
E.
F.
Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) -- Public Law 91 -646, as
amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100 -17 -1987, and applicable regulations
and procedures of the federal agency implementing that Act.
2. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter
468 -100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and /or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to
provide any housing and relocation assistance required.
Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery.
Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9 -
Archaeological and Cultural Resources before structures are removed or demolished.
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND /OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, and /or restored pursuant to this
Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in
compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board's conversion policy, current
or as amended in the future, that all real property or facilities acquired, developed, renovated, and /or restored with funding assistance
remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board.
Determination of whether a conversion has occurred shall be based upon applicable law and RCFB /SRFB policies.
For acquisition projects that are term limited, such as one involving a lease or a term- limited restoration, renovation, or development
project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written
documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the
term specified by the lease, easement, deed, or landowner agreement.
When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding
board policies.
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SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with
funding board funds, including undeveloped sites, are built, operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations and policies.
For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must:
E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans
with Disabilities Act, and the Architectural Barriers Act, as updated.
F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
G. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of
area or facility.
SECTION 25. INCOME AND INCOME USE
A.
Income.
1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the
funding source and the Agreement.
2. Fees. User and /or other fees may be charged in connection with land acquired or facilities developed with funding board
grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunities furnished; and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and /or hunter) for which a
facility /range fee must not be charged (Chapter 79A.25.210 RCW).
B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing,
timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by
state or federal law, the revenue may only be used to offset:
1. The sponsor's matching funds;
2. The project's total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and /or repair of the facility or program assisted by the
funding board grant;
4. The expense of operation, maintenance, stewardship, monitoring, and /or repair of other similar units in the sponsor's
system; and /or
5. Capital expenses for similar acquisition and /or development.
SECTION 26. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, membership, and /or permit systems) except that reasonable differences in admission and other fees may be maintained
on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not
exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities.
SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS
A corporate sponsor, including any nonprofit sponsor, shall:
A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the
sponsor's obligation to the project as identified in the Agreement.
B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any on -going project responsibilities. A qualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use, (e.g., members only).
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SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability
insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer
damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person.
B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO
as additional insured and shall be in a form approved by the funding board or director.
C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be
kept in force throughout the sponsor's obligation to the project as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to
RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the sponsor.
E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government
which has established a program of self- insurance or a policy of self - insurance with respect to claims arising from its facilities or
activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that
program or policy as a part of its application to the funding board.
By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury,
or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates.
Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or
others, for any and all remedies that may be available by law.
F.
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal
Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program
Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General
Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO
with reports or documents needed to meet the requirements of the LWCF General Provisions.
SECTION 30. FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
Section 8 - Acknowledgement and Signs,
Section 10 - Hazardous Substances,
Section 14 - Stewardship and Monitoring
Section 22 - Provisions Applying to Acquisition Projects, Sub - sections F and G.
Section 23 - Restriction on Conversion of Real Property and /or Facilities to Other Uses,
Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub - sections E, F, G, and
Section 25 - Income and Income Use
SECTION 31. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of
the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or
between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in
the following order:
A. Applicable federal and /or state statutes, regulations, policies and procedures including RCO /funding board policies and
procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders;
B.
C.
D.
Project agreement including attachments;
Special Conditions;
Standard Terms and Conditions of the Project Agreement.
SECTION 32. AMENDMENTS
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties
except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee.
SECTION 33. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO.
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SECTION 34. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the
original Agreement.
SECTION 35. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope
of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this
Agreement.
SECTION 36. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion
of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may elect
to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common
law, or equity.
SECTION 37. TERMINATION
The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited
to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the
sponsor in its application for a grant as finally approved by the funding board
A.
B.
C.
For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement:
i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or
ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board or director, under this section or any other section after any
portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that
any amount paid be repaid to RCO for redeposit into the account from which the funds were derived.
Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds
through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not
appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any
remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation
to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not
subject to appeal by the sponsor.
For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) 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, RCO 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.
SECTION 38. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request
for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the
procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons
initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair.
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the
nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The
disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be
delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other
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party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 39. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs.
SECTION 40. GOVERNING LAWNENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit
involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county
where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing
law /venue applies:
A.
B.
Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized
Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes
that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State
within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall
bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of
the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event
suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute
between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court.
Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a
lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers and
members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project
Funding of the Agreement in order to satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such
actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the
performance or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any
third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement costs,
including attorneys' fees.
For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the
right of the RCO to enforce this Agreement.
SECTION 41. SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
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115
Project Number:
Project Name:
Sponsor:
Project Manager:
Milestone Report By P jeot
13'10&8R
Duwamish Gardens Restoration
Tukwila City of
Elizabeth Butler
X
x
/
!
Milestone
Applied for Permits
Target Date
0003/2013
x
Project Start
12/05/2013
Cultural Resources Complete
07/01/2014
Permits Complete
07/01/2014
Final Design to RCO
07/31/2014
Attach final design as described in
Manual 18 Appendix D-3 and design
report to PRISM.
Landowner Agreement to RCO
08/01/2014
DNR Right of Entry.
Bid Awarded/Contractor Hired
08/01/2014
Restoration Started
09/01/2014
Progress Report Submitted
10/01/2014
Annual Project Billing
12/31/2014
Progress Report Submitted
02/28/2015
!
Progress Report Submitted
06/302015
Progress Report Submitted
12/31/2015
Stewardship Plan to RCO
02/01/2016
|
Progress Report Submitted
06/302016
RCO Final Inspection
12/01/2016
Funding Acknowl Sign Posted
12/01/2016
Restoration Complete
12/01/2015
Final Design to RCO
12/30/2016
As BuiltsAs described in Appendix D-4.
Progress Report Submitted
12/31/2016
Final Report in PRISM
0030/2017
|
Agreement End Date
0030/2017
End of Agreement; all expenditures
must be incurred by this date.
Final Billing to RCO
08/502017
X = Milestone Complete
/ = Critical Milestone
1M/LEoro xpr
116
May 20, 2014
Project Sponsor:
Project Title:
Program:
Eligible Scope Activities
City of Tukwila
Duwamish Gardens Restoration
Puget Sound Acq. & Restoration
Project Number: 13 -1099
Project Type: Restoration
Approval: 12/4/2013
Restoration Metrics
Worksite #1, Duwamish Gardens
Targeted salmonid ESU /DPS:
Targeted species (non -ESU species):
Project Identified In a Plan or Watershed Assessment:
Type Of Monitoring:
Estuarine / Nearshore Project
Total Amount Of Estuarine / Nearshore Acres Treated:
Creation of new estuarine area
Acres of Estuary Created:
Estuarine planting or native plant establishment.
Acres of Estuarine planting or native plant establishment:
Exclusion devices
Acres Treated with exclusion devices:
Regrading of slope
Acres of Estuary Treated through slope regrading:
Removal of existing fill material
Acres of Estuary Treated through fill material removal:
General restoration activities
Restoration fencing and gates
Number of gates:
Linear feet of fencing:
Utility relocation / reconnection
Utilities relocated / reconnected:
ELIGREIM.RPT
May 20, 2014
Chinook Salmon -Puget Sound ESU,
Chum Salmon -Puget Sound /Strait of
Georgia ESU, Coho Salmon -Puget
Sound /Strait of Georgia ESU, Pink
Salmon -Odd year ESU,
Steelhead -Puget Sound DPS
Bull Trout, Cutthroat, Rainbow, Searun
Cutthroat
Green /Duwamish and Central Puget
Sound Watershed Resource Inventory
Area 9 (WRIA 9) Steering Committee,
August 2005. Salmon Habitat Plan -
Making Our Watershed Fit fora King.
Prepared for the WRIA 9 Forum. King
County, 201 S. Jackson St., Suite 600,
Seattle, WA, 98104.
Implementation Monitoring
0.9
0.9
1.2
0.5
0.9
0.9
0
800
Communication, Power, Sewer, Storm
sewer, Water
Page: 1
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ATTACHMENT A
EPA PROVISIONS FOR PSAR PROJECTS
The sponsor, and secondary sponsor where applicable, agrees to the following terms and conditions in addition to
the RCO Standard Terms and Conditions.
Cost Principles /Indirect Costs for State Agencies
Sponsor agrees to comply with the cost principles of the below listed federal regulations, to the extent they apply
to the sponsor.
• 2 CFR 225 (A -87) for State, Local, and Indian Tribal Governments
• 2 CFR 220 (A -21) for Educational Institutions
• 2 CFR Part 230 (A -122) for Non - Profit Organizations
An electronic copy of all the circulars and applicable CFR's may be obtained via the Office of Management and
Budget (OMB) Home Web page at: http: / /www.gpoaccess.gov /cfr/
Unless otherwise indicated, the cost principles apply to the use of funds provided under this agreement and in-
kind matching donations. The applicability of the cost principles depends on the type of organization incurring the
costs.
Audit Requirements
In accordance with OMB Circular A -133, which implements the Single Audit Act, the sponsor hereby agrees to
obtain a single audit from an independent auditor, if it expends $500,000 or more in total Federal funds in any
fiscal year. Within nine months after the end of a sponsor's fiscal year or 30 days after receiving the report from
the auditor, the sponsor shall submit the SF -SAC and a Single Audit Report Package. The sponsor MUST submit
the SF -SAC and a Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry
System.
For complete information on how to accomplish the single audit submissions, you will need to visit the Federal
Audit Clearinghouse Web site: http : / /harvester.census.qov /fac /.
A copy of OBM Circular A -133 can be obtained at:
http: / /www.whitehouse.gov/ sites /default /files /omb /assets /a133/al33 revised 2007. pdf.
CREDIT AND ACKNOWLEDGEMENT
In addition to Section 8 of the Standard Terms and Conditions, materials produced must display both the
Environmental Protection Agency (EPA) and Puget Sound Partnership (PSP) logos and the following credit line:
"This project has been funded wholly or in part by the United States Environmental Protection Agency. The
contents of this document do not necessarily reflect the views and policies of the Environmental Protection
Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for
use." This requirement is for the life of the product, whether during or after the Agreement period of performance.
Hotel Motel Fire Safety Act
Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with
federal funds, complies with the federal Hotel and Motel Fire Safety Act of 1990. Sponsors may search the Hotel -
Motel List @ http: / /www.usfa.dhs.gov /applications /hotel to see if a property is in compliance or to find other
information about the Act.
Drug Free Workplace Certification
For the duration of this agreement, the sponsor agrees to comply with the drug free provisions set forth in Title 40
CFR 36.200.
Management Fees
Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.
The term "management fees or similar charges" refers to the expenses added to direct costs in order to
accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs
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ATTACHMENT A
which are not allowable. Management fees or similar charges may not be used to improve or expand the project
funded under this agreement, except for the extent authorized as a direct cost of carrying out the scope of work.
Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA)
If the sponsor of this grant is a private entity, you must notify EPA immediately if you receive information that your
employees, subcontractors under this award, and subcontractor's employees engage in severe forms of
trafficking in persons during the period of time that this award is in effect; procure a commercial sex act during the
time that the award is in effect; or use forced labor in the performance of the award or subawards under the
award.
Lobbying
Sponsor agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. Sponsor shall include the
language of this provision in award documents for all sub - awards exceeding $100,000, and require that sub -
awardees submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti - Lobbying Amendment, any sponsor who makes a prohibited expenditure under
Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each expenditure.
All contracts awarded by sponsor shall contain, when applicable, the anti - lobbying provisions as stipulated in the
Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, sponsor affirms that it is not a non - profit organization
described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non - profit organization
described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in
Section 3 of the Lobbying Disclosure Act.
Reimbursement Limitation
If the sponsor expends more than the amount of RCO funding in this agreement in anticipation of receiving
additional funds from RCO, it does so at its own risk. RCOP is not legally obligated to reimburse the sponsor for
costs incurred in excess of the RCO approved budget.
Disadvantaged Business Enterprise Requirements
Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business
Enterprises in procurements made under this award.
MINORITY AND WOMEN'S BUSINESS PARTICIPATION
Sponsor agrees to solicit and recruit, to the maximum extent possible, certified minority owned (MBE) and women
owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement.
These goals are expressed as a percentage of the total dollars available for the purchase or Agreement and are
as follows:
Purchased Goods 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
Professional Services 10% MBE 4% WBE
Meeting these goals is voluntary and no Agreement award or rejection shall be made based on achievement or
non - achievement of the goals. Achievement of the goals is encouraged, however, and sponsor and ALL
prospective bidders or persons submitting qualifications shall take the following affirmative steps in any
procurement initiated after the effective date of this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's business are solicited whenever they are potential
sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit
maximum participation by qualified minority and women's businesses.
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ATTACHMENT A
4. Establish delivery schedules, where work requirements permit, which will encourage participation of
qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises
(OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
MBE/WBE REPORTING
The sponsor agrees to complete and submit EPA Form 5700 -52A "MBE/WBE Utilization Under Federal Grants,
Cooperative Agreemetns and Interagency Agreements" beginning with the Federal Fiscal Year reporting period
the sponsor receives the award and continuing until the project is completed. Only procurements with certified
MBE/WBEs are counted towards a sponsor's MBE/ VBE Accomplishments. The reports must be submitted
annually for the period ending September 30th for:
40 CFR Part 30 (Non- Profits and Institutions of Higher Education)
40 CFR Part 35 (Subpart A and Subpart B Recipients)
The reports are due within 15 days of the end of the annual reporting period (October 15th). Reports should be
sent to the PSP Fiscal Office, 326 East D Street, Tacoma, WA 98421.
EPA Form 5700 -52A may be obtained at: http: / /www.epa.gov /osbp /pdfs /5700 52a.pdf
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the sponsor agrees to make the following good faith efforts whenever
procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to
ensure that sponsors, and contractors also comply. Records documenting compliance with the six good faith
efforts shall be retained:
(a) Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities to the
fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local
and Government sponsors, this will include placing DBEs on solicitation lists and soliciting them
whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts
and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates
participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations
for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could subcontract with
DBEs. For Indian Tribal, State and local Government sponsors, this will include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum participation
by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms
to handle individually.
(e) Use the services and assistance of the Small Business Administration (SBA) and the Minority Business
Development of the Department of Commerce.
(f) If the sponsor awards subcontracts, require the sponsor to take the steps in paragraphs (a) through (e) of
this section.
Lobbying & Litigation
By signing this agreement, the sponsor certifies that none of the funds received from this agreement shall be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized
under existing law.
The chief executive officer of this sponsor agency shall ensure that no grant funds awarded under this assistance
agreement are used to engage in lobbying of the Federal Government or in litigation against the United States
unless authorized under existing law. The sponsor shall abide by its respective OMB Circular (A -21, A -87, or A-
122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other
political activities.
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ATTACHMENT A
For subawards exceeding $100,000, EPA requires the following certification and disclosure forms:
Certification Regarding Lobbying, EPA Form 6600 -06: http: / /www. epa. gov / ogd /AppKit/form /Lobbying_sec.pdf
Disclosure of Lobbying Activities, SF LLL: http: / /www. epa. gov / ogd /AppKit/form /sflllin_sec.pdf
Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution
of claims against the Federal Government are unallowable.
Payment to Consultants
The salary rate (excluding overhead) paid to individual consultants retained by sponsors or by a sponsor's
contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule
(formerly GS -18), to be adjusted annually. This limit applies to consultation services of designated individuals with
specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, the limit is $596 per day, or $74.50
per hour. Subagreements with firms for services which are awarded using the procurement requirements in 40
CFR parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the
sponsor with the responsibility for the selection, direction, and control of the individuals who will be providing the
services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.369(j)
as applicable.
December 10, 2013 Page 4 of 4
121
122
City of Tukwila
Community Affairs and Parks Committee
COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes
July 15, 2014 — 5:30 p.m. — Hazelnut Conference Room
PRESENT
Councilmembers: Joe Duffie, Chair; Dennis Robertson, Verna Seal
Staff: Jack Pace, Ryan Larson, Lynn Miranda, Rachel Turpin, Laurel Humphrey
CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
Committee Chair Duffie requested a moment of silence in memory of Shelley Kerslake.
A. Grant Acceptance: Duwamish Gardens Project
Staff is seeking Council approval to approve a grant agreement with the Salmon Recovery
Funding Board for $949,434.00 for the Duwamish Gardens Project, which is now in the final
design and permitting phase with construction expected this fall. This award requires a City match
of $301,523 which can come from other non -State funding sources, and an additional
$1,565,000.00 in construction grant funding has already been secured from the King County
Flood Control District and King Conservation District. The total construction cost estimate is
$1,800,000.00. UNANIMOUS APPROVAL. FORWARD TO JULY 21, 2014 REGULAR
CONSENT AGENDA.
B. Contract: Heartland LLC
Staff is seeking Council approval of a service contract with Heartland LLC to evaluate how the
Landscape Conservation and Local Infrastructure Program (LCLIP) promoting urban
redevelopment and resource land conservation could be implemented in the City. The cost for
these services is $42,060 and is fully funded by a Washington State Department of Commerce
grant which was accepted in May 2014. LCLIP is a program that allows cities to access a portion
of county property tax in exchange for adopting policies that incentivize protection of resource
lands while directing development toward urban growth areas. UNANIMOUS APPROVAL.
FORWARD TO JULY 21, 2014 REGULAR CONSENT AGENDA.
C. Interlocal Agreement: Tukwila Pool Metropolitan Park District
Staff is seeking Council approval of amendments to the Interlocal Agreement for Pool Operations
and Support Systems proposed by the Tukwila Pool Metropolitan Park District (TPMPD) Board of
Commissioners. The Committee previously reviewed proposed amendments to the ILA at its June
10 meeting and forwarded those amendments to the June 23, 2014 Committee of the Whole. At
its June 25, 2014 TPMPD meeting the Board approved additional changes that must
subsequently be approved by the Council. The Committee discussed the most recent version of
the ILA as well as the direction of the pool operations and likely transition to a different provider.
Following discussion, Councilmember Robertson approved the latest version of the ILA and
Councilmembers Duffie and Seal were in favor of forwarding the item to the Committee of the
Whole with no recommendation. DIVIDED RECOMMENDATION. FORWARD TO JUNE 28,
2014 COMMITTEE OF THE WHOLE FOR DISCUSSION.
123
124
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared Ay
Mayor's review
Council review
07/14/14
CO
1 I Motion
MtADate
L1A
/A
07/21/14
CO
Public Hearing
— Other
Mg Date
AltgDate 7/21/14
Mtg Date 7/14/14
SPONSOR Council Mayor HR Ej DCD n Finance Fire IT P&R Police — Pir.
SPONSOR'S Based on direction at the June 23, 2014 Committee of the Whole Meeting, the Council is
SuNtm,\Ry being asked to conduct a public hearing and consider an ordinance that would relax
restrictions on what maintenance and repair work can be completed to an existing non-
conforming freeway sign and allow an increase in area up to 125 feet per face (250 square
feet for all sides).
RF\711iwil iy• COW Mtg. CA&P Cmte F&S Cmte I Transportation Cmte
—
I I Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 6/9/14 & 6/23/14 COMMITTEE CI IAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITIEH
Department of Community Development
ITEM INFORMATION
ITEM No.
6.A.
125
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 7/14/14
AGENDA ITEM THU Freeway Interchange Signs
CiviEGORY Diicussion
Mg Dale 7/14/14
1 I Motion
MtADate
I Resolution
IltADate
W Ordinance
fl Bid Award
AllsDate
Public Hearing
— Other
Mg Date
AltgDate 7/21/14
Mtg Date 7/14/14
SPONSOR Council Mayor HR Ej DCD n Finance Fire IT P&R Police — Pir.
SPONSOR'S Based on direction at the June 23, 2014 Committee of the Whole Meeting, the Council is
SuNtm,\Ry being asked to conduct a public hearing and consider an ordinance that would relax
restrictions on what maintenance and repair work can be completed to an existing non-
conforming freeway sign and allow an increase in area up to 125 feet per face (250 square
feet for all sides).
RF\711iwil iy• COW Mtg. CA&P Cmte F&S Cmte I Transportation Cmte
—
I I Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 6/9/14 & 6/23/14 COMMITTEE CI IAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITIEH
Department of Community Development
COST IMPACT / FUND SOURCE
EXPENDITURE Ri; UIRI D AMOUNT BUDGETED APPROPRIATION REQUIRED
$N/A $N/A $N/A
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
7/14/14
Forward to the next Regular Meeting
MTG. DATE
ATTACHMENTS
7/14/14
Informational Memorandum dated July 3,2014
Ordinance in Draft Form
7/21/14
Ordinance in final form
125
126
City of � �1 a
F ��
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO 2303
§10 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 19.36.050, TO UPDATE THE REGULATIONS FOR
FREEWAY INTERCHANGE SIGNS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, regulation of signage is needed in order to preserve and protect the
public welfare, preserve and enhance the appearance of the built environment, control
visual clutter, protect private and public property, and ensure the orderly movement of
motorized and non - motorized forms of transportation; and
WHEREAS, on August 16, 2010, the Tukwila City Council adopted a new
comprehensive Sign Code for the City of Tukwila, which is codified in Title 19 of the
Tukwila Municipal Code; and
WHEREAS, the City Council of the City of Tukwila recognizes that signs are an
important component of the built environment and assist in way finding, advertising, and
personal expression for Tukwila businesses, property owners, and residents; and
WHEREAS, the City Council desires to regularly update the City's regulations
regarding signage in order to respond to the needs of Tukwila businesses and to
address the ongoing changes in the urban landscape of the City; and
WHEREAS, the City Council held a properly noticed public hearing on July 14,
2014, to gather public input on the issue of non - conforming freeway interchange signs;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance 2303 §10 (part), as codified at Tukwila Municipal Code
(TMC) Section 19.36.050, "Existing Freeway Interchange Signs," is hereby amended to
read as follows:
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127
19.36.050 Existing Freeway Interchange Signs
Existing signs classified as freeway interchange signs under the previous Sign Code are
permitted a five year grace period starting from the effective date of Ordinance No. 2303
(August 24, 2010). During the grace period, freeway interchange signs may be
enlarged to a maximum of 125 square feet per side, 250 square feet total, be refaced
and have copy changes provided the height and location of the sign remain unchanged.
Relocation or re-erection of the sign is not permitted. Application for a sign permit is
required for all sign face, area or copy changes to a freeway interchange sign. After the
grace period has terminated the sign is permitted to remain as-is indefinitely; however,
compliance with the Sign Code is triggered by any relocation, re-erection, alteration,
replacement or change in any way to the structure or sign panel/face/copy. Ordinary
maintenance and repair of a sign shall be permitted without loss of non-conforming
status if the cost of all maintenance and repair over a two-year period is less than 25
percent of the cost of replacing the sign.
Section 2. Ordinance 2303 §10 (part), as codified at TMC Section 19.36.070,
"Additional Signage Prohibited," is hereby amended to read as follows:
19.36.070 Additional Signage Prohibited
No additional permanent building-mounted signage is permitted on a tenant space that
contains a non-conforming building-mounted sign. No additional permanent free-
standing signs are permitted on a premises that contains a non-conforming freestanding
sign other than a sign that was classified as "freeway interchange" under the previous
Sign Code,
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
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Page 2 of 3
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, Assistant City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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129
130
AGENDA SYNOPSIS
,..Initials
Meeting Date
Prepared by
Mayor's re iew
Council review
07/14/14
PMC
the
CATEGORY 1 Discussion
07/21/14
PMC
1 Resolution
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg Date 07/21/14
SPONSOR ❑ Council ❑ Mayor n HR
❑ IT ❑ P&R ❑ Police ❑ PW
❑ DCD @ Finance ❑ Fire
ITEM INFORMATION
ITEM No.
6.B.
131
STAFF SPONSOR: PEGGY MCCARTHY
ORIGIN. U. AGENDA DAri :: 07/14/14
AGENDA ITEM TITLE', Resolution authorizing the issuance of checks
Council has acted to approve such claims
in payment
of claims before
the
CATEGORY 1 Discussion
07/14/14
❑ Motion
Mtg Date
1 Resolution
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
Mtg Date 07/21/14
SPONSOR ❑ Council ❑ Mayor n HR
❑ IT ❑ P&R ❑ Police ❑ PW
❑ DCD @ Finance ❑ Fire
SPONSOR'S Approve Resolution authorizing the issuance of checks before Council has acted to approve
SUMMARY such claims. This would allow the City to pay invoices that would otherwise be paid late
due to unforeseen circumstances with vendors or mail delivery issues.
Based upon input by the FS Committee, staff agreed to revise the voucher review process
to include a mechanism to alert the Council to claims that have already been paid.
REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte
❑ Utilities Cmte ❑ Arts Comm.
DATE: 07/08/ 14
/1 F &S Cmte
❑ Transportation Cmte
Comm. ❑ Planning Comm.
CHAIR: SEAL
❑ Parks
COMMI I 1.E.E
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Finance
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
07/14/14
Forward to th- i -
t••
MTG. DATE
ATTACHMENTS
07/14/14
Informational Memorandum dated 07/02/14
Resolution in Draft Form
CrimeSHIELD Policy for Governmental Entities
RCW 42.24.180 Taxing district -Issue checks before approval by leg. body- conditions
Minutes from the Finance and Safety Committee Meeting of 07/08/14
07/21/14
Resolution in final form
131
132
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AUTHORIZING ISSUANCE
OF CHECKS IN PAYMENT OF CLAIMS BEFORE THE
COUNCIL HAS ACTED TO APPROVE SUCH CLAIMS.
WHEREAS, RCW 42.24.180 authorizes the legislative body of local governments to
authorize issuance of checks in payment of claims, after the designated officer has
signed the checks; and
WHEREAS, the City Council of the City of Tukwila has determined that it would be
in the best interest of the City and its citizens, and would promote effectiveness and
efficiency in the administration of the accounts payable of the City, to implement this
enabling statute at the City of Tukwila effective August 1, 2014;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Mayor and Auditing Officer of the City of Tukwila are authorized to
sign or co-sign checks. The Mayor is the designated officer of the City, and the Finance
Director shall serve as the Auditing Officer. Both the Mayor and the Auditing Officer
shall be required to furnish an official bond for the faithful discharge of his or her duties
in an amount not less than $50,000.
Section 2. Any authorization provided by this resolution is subject to the adoption
of policies and procedures for purchasing and disbursement of funds, which shall
implement effective internal controls over funds and property of the City. Such policies
and procedures shall be approved by resolution or other official City Council action.
Section 3. Whenever checks are issued prior to City Council review and approval,
as supported by this authorizing resolution, such review and approval of claims and
supporting documentation shall occur at a regularly scheduled City Council meeting
within one month from the date of issuance.
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133
Section 4. Upon the City Council's review of claims and supporting documentation,
if the Council disapproves one or more claims, the Auditing Officer and Mayor shall
jointly cause the disapproved claim or claims to be recognized (and shown on the City's
financial books and records) as accounts receivable of the City. Collection of such
accounts receivable shall be diligently pursued until the amounts are collected or until
the City Council is satisfied and approves such claim or claims.
Section 5. The City shall implement the policies and procedures authorized per
RCW 42.24.180 and this resolution effective August 1, 2014.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel Turpin, Assistant City Attorney
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134
Page 2 of 2
mon
City of Tukwila
CITY ADMINISTRATOR REPORT
The City of opportunity, the community of choice
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: July 16, 2014
SUBJECT: Report for July 21, 2014 Regular Council Meeting
Jim Haggerton, Mayor
The City Administrator Report is meant to provide the Council, staff and community an update
on the activities of the City and on issues that concern Tukwila. Please let me know if you have
any questions or need additional information about any of the following items.
I. Intergovernmental Update
• Monthly City Managers /City Administrators Meetinq: City Administrator David Cline
attended the monthly City Managers /City Administrators meeting.
• After - School Proqramminq: City Administrator David Cline and Human Services
Manager Evie Boykan met with Superintendent Nancy Coogan and representatives of
the Tukwila School District to review the proposals submitted in response to the RFP for
after school programming. Another meeting is scheduled for later this month.
• Major Cuts to Refuqee Servinq Proqrams: The federal Office of Refugee
Resettlement notified Congress that they are redirecting $94 million in funding from
Refugee Assistance program services to the Unaccompanied Alien Children Program.
This will result in a reduction in funds for refugee services to all states. The Washington
State Office of Refugee Immigration Assistance (ORIA) has reduced support of refugee
services including mental health, and general social services. Refugee Women's
Alliance, (ReWa), is scheduled to lose two staff positions in their local office, and will
have to reduce the range of social services assistance they are able to provide. Cities
can expect to see more requests for service.
• Multi- Jurisdictional Meetinq: City Administrator David Cline and Project Analyst Joyce
Trantina attended a meeting with other local jurisdictions (Renton, SeaTac, Bellevue,
Redmond and Issaquah) that are working on implementing HPO, LEAN and other
organizational programs. Joyce made a presentation to the group on Community
Outreach.
• BNSF Tour: BNSF offered to conduct a tour of their Intermodal Yard in Allentown for the
City of Tukwila and federal legislative delegates. Shana Chandler, Chief of Staff for
Congressman Adam Smith and Tommy Bauer, King County Staff for Senator Maria
Cantwell attended the tour with Mayor Haggerton, Councilmembers Ekberg and
Hougardy, Bob Giberson, Public Works Director, and Brandon Miles, Economic
Development Planner.
• Southwest Kinq County Chamber Lunch: Brandon Miles, Economic Development
Planner, attended the monthly chamber lunch where the keynote speaker was Calvin
Goings with the Small Business Administration.
135
City Administrator Report
Page 2
II. Community Events
• Family 4t —" at the Fort: The City of Tukwila hosted our annual 4th of July celebration at
Fort Dent Park. The event included stage performances, roving entertainers, free arts
and crafts activities for kids, free inflatable bouncers, community group booths, food
vendors and a fireworks show. Tukwila Parks and Recreation is the lead organizer for
this event, with support from Tukwila Fire and Tukwila Police. Fire units were available
for EMS and Fire Responses and the Police Department provided officers for bicycle
patrol, foot patrol, and traffic control. Police and Fire Explorers also helped at the event.
No significant issues were reported although there were some aid calls and some
warnings given for alcohol violations. No arrests were made and there were no issues
with crowd control or criminal activity.
• Tukwila Village Groundbreaking: Staff are collaborating with representatives from
SHAG, the King County Library System and Tukwila Village Development Associates,
on plans for the Tukwila Village groundbreaking scheduled for August 1.
111. Staff Updates
Public Safety
• ADA Improvements: The Contractor has completed the installation of the Rectangular
Rapid Flashing Beacon system at the mid -block crosswalk north of South 152nd St.
Public Works is monitoring the new system performance and will adjust as necessary.
• Fire Response: The Fire Department has responded to several fires over the past few
weeks:
• A fire believed to have been caused by fireworks, and caused approximately $70K of
damage to a larger dumpster and the exterior of the adjacent building;
• A fire caused by a plumber utilizing a torch to install/ repair plumbing;
• A rapidly moving brushfire on the hillside below the Pyramid Point Apartments. Vinyl
siding on the buildings suffered damage from radiant heat exposure. At the
conclusion of the incident the structures were available for immediate re- occupancy.
This was a successful and well- coordinated attack that was accomplished with the
assistance of each and every one of our adjacent mutual aid partners.
• A significant brush fire adjacent to 1 -5. The fire consumed 3 acres of vegetation on
steep, rough terrain. This fire was a stubborn one as crews continued mop up duties
for approximately 16 hours.
• Fire Grant Update: On Friday, July 11, we received official notification from FEMA that
the Fire Department has been award a 2014 FEMA Assistance to Firefighters Grant
(AFG). The award amount is $336,238.00, with the city matching 5% of the total project
cost at $17,696.00. Firefighter Matt Hickey, submitted the grant application in November,
2013. The award will replace all of the Fire Department emergency radios. Many of the
current City emergency radios will not be compatible with the national system in with
mandatory participation required in approximately 5 years. The radios purchased with
this award will meet compatibility requirements for the projected life of the equipment.
Our current inventory will be redistributed to Police and Public Works, with some radios
becoming dedicated to a regional cache. With the receipt of the grant, the fund for
replacing radios which is shared by both Police and Fire, can be dedicated to the
purchase of compatible radios for the Police Department.
Project Updates
• Tukwila International Boulevard Action Committee (TIBAC) meeting:
Councilmember Ekberg, Economic Development and Police Department staff attended
the monthly TIBAC meeting. The Committee discussed community participation in the
Tukwila Village ground breaking and launched a campaign to encourage people to refer
to TIB as "the boulevard" instead of "the highway ".
136
City Administrator Report
Page 3
• Soundside Alliance Executive Meetinq: Councilmember Hougardy and Brandon
Miles, Economic Development Planer attended the bi- monthly Executive Committee
Meeting of Soundside. Agenda topics included a discussion regarding the upcoming fall
breakfast conference and the Port of Seattle's workforce study.
• Colonial Gardens - 3465 S. 1441—" St - Condemned Units /Overdue Inspections: The
City met with counsel for the property owner to discuss the proposed draft Voluntary
Correction Agreement. Based on the discussion, a revised draft agreement will be
prepared by the City and submitted to the property owner for review and further
discussion. The owner has submitted the overdue rental license inspection results. The
three condemned units and the former manager's unit have failed, but the other units
show passing scores. All four of these units are vacant and will be renovated. When
renovations are complete, and the rental unit inspection passes, they may be
reoccupied.
• Code Enforcement: In an effort to address concerns regarding trash, debris, junk
vehicles and other code enforcement issues, the City is sponsoring an additional bulky
item collection event on September 27. This event will have 2 locations: Tukwila
Community Center and Saar's Super Saver Foods, so that a large number of residents
can take participate. A junk vehicle "amnesty" program has also been established so
residents can get these vehicles removed from their property at no cost.
• Maintenance Manaqement Plan: Kris Kelley, our new Park Supervisor recently joined
the City of Tukwila Parks and Recreation Department team and will oversee the daily
operations of the parks maintenance operations. One of his first priorities will be
creating a maintenance management plan for the entire Tukwila Parks, Trails and Open
Space system.
• Gully Gardens: Fence signs have been installed, and the interpretive /dedication sign
design is being finalized.
• Free Summer Playqround at Cascade View Community Park: Tukwila Parks &
Recreation staff continue to have excellent participation at the free summer playground
program at Cascade View Park. Staff are typically distributing about 70 lunches to kids
playing in the park. Staff and volunteers are providing a variety of recreation options
including arts & crafts, games, music and special entertainment. Parks Maintenance
has been working closely with Recreation to clean and prep the sites before the kids
show up.
• Tukwila School District Summer School: Tukwila Parks & Recreation Department
staff are gearing up for week 3 of the Tukwila School District Summer School Program
on Monday. Staff have been providing daily recreational activities to the more than 300
kids signed up for summer school. Kids are divided by age (Pre -K to 5th Grade) with the
smallest group of kids being 34 and our largest group at 66.
• Free Summer Playqround at Thorndyke Elementary School: Tukwila Parks &
Recreation are offering a free summer playground program site at Thorndyke
elementary as an extension program to the TSD summer school. We currently have
over 200 kids who have been participating daily! Staff are providing a variety of
organized sports, games, recreation activities, a visit from the King County Library
Bookmobile, as well as a special performance by the Bubble Man.
• Summer Day Camp at Tukwila Community Center: Tukwila Parks & Recreation staff
have been busy with both Camp Tukwilly (serving Kindergarten to 5th graders) and
TeenVenture Camp (serving 6th -8th graders). Camp Tukwilly has been operating at
maximum capacity of 120 campers per week and TeenVenture Camp averaging 35 kids
per week. We have several kids on our camp waiting lists, but due to facility and
transportation limitations, we are currently not able to accept additional campers.
137
City Administrator Report
Page 4
IV. Responses to Council /Citizen Inquiries
• 41 Place South: At the March 7, 2014 Council meeting Kelli Turner requested status of
41st Place South. Public Works researched the situation and sent Ms. Turner our
findings on July 18. The former private road has a maintenance agreement that
adjacent property owners did not abide by and King County foreclosed on the property
for non - payment of taxes. Ms. Turner also requested that the City use pervious concrete
on all new sidewalk projects. We responded separately to Ms. Turner that pervious
concrete only works well when the underlying native soils are pervious and the new
concrete is at the top of a slope. Pervious concrete installed near the bottom of a slope
will tend to clog with leaves, debris and sand leading to premature failure.
• Lighting for Tennis Courts: Staff is in the process of reviewing the applicable
ordinances, as well as the Parks Rules and Regulations, in regards to a citizen's request
to have the lighting for tennis courts operational again so they may play tennis after dark.
138
Upcoming Meetings & Events
July /August 2014
21st (Monday)
22nd (Tuesday)
23rd (Wednesday)
24th (Thursday)
25th (Friday)
26th (Saturday)
D Utilities Cmte,
5:15 PM
(Foster
Conference
Room)
D City Council
Executive
Session,
6:15 PM
(Hazelnut
Conference
Room)
D City Council
R
Regular Mtg.,
7:00 PM
(Council
Chambers)
D Finance &
Safety Cmte,
5:30 PM
(Hazelnut
Conference
Room)
D Planning
Commission,
Work Session
6:30 PM
(Council
Chambers)
➢ Tukwila
Metropolitan
Park District
Board of
Commissioners,
5:30 PM
(Council
Chambers)
D Planning
Commission,
Public Hearing
6:30 PM
(Council
Chambers)
Movies on the
Green
Showing E.T."
(PC)
Foster Golf Linlcs
Outdoor seating
opens at 8:00 PM.
Movie begins at
dusk.
Tukwila Int'1. Blvd.
Action Cmte's
Trash Pickup Day
9:00 — 10:00 AM
For location or
information contact
Sharon Mann
206- 200 -3616
Touch — a — Truck
Safety and
enc Emer
Emergency
Preparedness Fair
10:00 AM to 2:00 PM
(Foster High School
parking lot
4242 S. 144th)
Explore Tukwila's
biggest heavy -duty rigs.
A variety of exhibitors
will also be on site with
summer safety tips and
emergency preparedness
information.
Free Fun!
Touch — a — Truck
$1.00 Swim at
Tukwila Pool
3:00 — 5:00 PM
FREE water safety
and swim fun!
28th (Monday)
29th (Tuesday)
30th (Wednesday)
31st (Thursday)
1st (Friday)
2nd (Saturday)
D Transportation
Cmte,
5:15 PM
(Foster
Conference
Room)
D City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
D Community
Affairs & Parks
Cmte,
5:30 PM
(Hazelnut
Conference
Room)
Tukwila Village
Groundbreaking
2:00 — 3:30 PM
(Tukwila Village
Site at the
northeast corner of
S. 144`h St and
Tukwila
International Blvd)
111\miL
➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
➢ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
➢ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room
➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206 -433 -1868.
➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) An ordinance updating TMC 2.52 to include 2
unpaid holidays. (B) Fire Staffing and Overtime. (C) Acceptance of the 2014 FEM4 Firefighters Assistance Grant. (D) 2014 Police
and Fire Departments Quarterly Report.
➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. July Meeting Cancelled.
➢ Planning Commission /Board of Architectural Review: 4`hh Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta
Bivens at 206 - 431 -3670.
➢ Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf. Room
➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59`hh Avenue S. Contact Joan
Hernandez at 206 -248 -0260.
➢ Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room (A) Astound Broadband LLC Ordinance Approving Franchise
Agreement. (B) East Marginal Way S Stormwater Outfalls Supplemental Agreement No. 1. (C) Accelerated Vactor Truck Purchase.
139
Tentative Agenda Schedule
MONTH
MEETING 1-
REGULAR
MEETING 2 -
C.O.W.
MEETING 3 -
REGULAR
MEETING 4 -
C.O.W.
July
7
14
21
See agenda packet
cover sheet for this
week's agenda
(July 21, 2014
Regular Meeting).
28
Special Presentation:
Fire Exploratory
Committee Update.
Budget Update 2015 -
2016 and CIP.
Special Issues:
Amendments to the
Ethics Code.
A resolution
regarding the City of
Opportunity
Scholarship
Program.
ILA between the City
and the TPMPD
relating to operations
of the Tukwila Pool.
August
4
Special Presentation:
11
Special Presentation:
18
Public Hearing:
25
Introduction of Kris
Kelly, Parks
Supervisor.
SCORE Update.
Appointments:.
Introduction of Jerry
Hight - Building
Official.
Special Issues:
Comprehensive Plan
Element.
Special Issues:
Comprehensive Plan
Element review.
Review of the
Comprehensive Plan
elements.
New and
Reappointments to
the Equity and
Diversity
Commission.
Appointments to
the Landmark
Commission Board.
Unfinished Business:
ILA between the
City and the
TPMPD relating to
operations of the
Tukwila Pool.
- A resolution
regarding the City
of Opportunity
Scholarship
Program.
Amendments to the
Ethics Code.
140