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HomeMy WebLinkAboutFS 2015-08-18 COMPLETE AGENDA PACKETCity of Tukwila Finance and Safety Committee O Kathy Hougardy, Chair O Joe Duffie O De'Sean Quinn AGENDA Distribution: Recommended Action K. Hougardy P. McCarthy J. Duffle C. O'Flaherty D. Quinn R. Turpin K. Kruller L. Humphrey D. Robertson B. Miles Mayor Haggerton D. Speck D. Cline Brandon Miles, Economic Development Liaison TUESDAY, AUGUST 18, 2015 — 5:30 PM HAZELNUT CONFERENCE ROOM (formerly known as CR #3) at east entrance of City Hall Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. A lease agreement with the Tukwila Historical Society a. Forward to 9/8 Consent Pg.1 for the Old City Hall building. Agenda. Brandon Miles, Economic Development Liaison b. A resolution regarding unclaimed property. b. Forward to 9/8 Consent Pg.13 Peggy McCarthy, Finance Director Agenda. c. General revenue sources: Levy Lid Lift, Voted Debt, c. Information only. Pg.19 B &O Tax, Transportation Benefit District, etc. Peggy McCarthy, Finance Director d. Consulting contracts for the proposed arena project. d. Forward to 8/24 C.O.W. Pg.31 Derek Speck, Economic Development Administrator and 8/24 Special Meeting Consent Agenda. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Wednesday September 9, 2015 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Brandon J. Miles Economic Development Liaison DATE: August 12, 2015 SUBJECT: New Lease Agreement with Tukwila Historical Society for Tukwila Grade School /Old City Hall Premise ISSUE Should the City enter into a new lease agreement with the Tukwila Historical Society (hereinafter "Society ") for continued use of the Tukwila Grade School /Old City Hall, located at 14475 59th Avenue South? BACKGROUND In 2010 the City entered into a lease agreement with the Society to occupy the old Tukwila Grade School /Old City Hall building. The current lease will expire at the end of September of 2015. Administration and the Society desire to enter into a new lease agreement, allowing the Society to continue to operate from the property. The following are the primary deal terms of the new agreement: Consideration As with the current lease, the City will not charge the Society a base rent; instead, the Society will agree to perform certain services: • Work to continue to obtain funding for upkeep and repairs to the historic building. All repairs and building work must be historically appropriate for the building. • Provide general upkeep of the building and grounds. • Apply for Tukwila Landmark status for the Premises. • Develop programing for children and youth to educate about the history of Tukwila and the Duwamish /Green River Valley. • Work with the City and Westfield Southcenter on an exhibit celebrating the 50th Anniversary of the Mall. Term The term of the lease is for five years with the ability to extend the lease for an additional five years. The agreement allows the Mayor to execute an amendment to extend the term without the need to obtain Council approval. Rental of Space In order to raise funds, the Society has requested the ability to rent the space to private groups for events. The lease agreement permits renting the space with limitations on the duration of events, time of day of events and insurance requirements. In the event that renting the space has impacts to the neighborhood the City has the right to terminate the renting provision of the agreement with 30 -days' notice. The agreement clearly prohibits subletting of the space (i.e. long term leasing of the building by the Society). INFORMATIONAL MEMO Page 2 Insurance The Society is required to maintain adequate insurance coverage and name the City as an additional insured. DISCUSSION The Society's utilization of the building has been mutually beneficial to both the City and the Society. The City has been able to hand over the day to day care of the building to a third party with a vested interest in the upkeep of the building. While the Society's ability to have a permanent physical space has allowed the Society to grow its membership and expand its offerings. FINANCIAL IMPACT None. RECOMMENDATION Administration recommends that the City enter into a new lease agreement with the Society. The Committee is being asked to forward the new lease agreement to the September 8th Consent Agenda. ATTACHMENTS Draft Lease Agreement W:12015 AGE NDA - Council lhistoricalsocietyLease.doc 2 LEASE AGREEMENT PREAMBLE THIS LEASE AGREEMENT, dated this day of September, 2015, is entered into by and between the City of Tukwila, a political subdivision of the State of Washington (hereinafter, "Lessor "), and the Tukwila Historical Society, a local 501(c)(3) organization (hereinafter, "Lessee "), for the purpose of leasing the real property and improvements commonly referred to as the Tukwila Grade School /Tukwila City Hall, located at 14475 59th Ave South, Tukwila, Washington, 98168 (hereinafter, the "Premises "). II. RECITALS WHEREAS, the Lessor is the owner of the Premises, which consists of a building on real property located at 14475 59th Avenue South, Tukwila, Washington, 98168, depicted in the map attached hereto as Exhibit A; and WHEREAS, the Lessee has leased the Premises since September of 2010; and WHEREAS, the Premises is a historical property and one of the oldest structures in the City of Tukwila; and WHEREAS, since leasing the Premises in 2010 the Lessee has pursued and obtained funding to complete needed upkeep on the historical structure; and WHEREAS, the Lessee performs a vital community service of preserving the history of the City of Tukwila and Duwamish /Green River Valley; and WHEREAS, without the Lessee the Lessor would be fully responsible for the day to day care of the Premises, something that would incur a cost to Tukwila taxpayers; and WHEREAS, the Lessee and Lessor desire to enter into a new lease agreement for the Premises; and NOW THEREFORE, in consideration of the mutual promises set forth herein, the Lessor and Lessee agree as follows: III. AGREEMENT A. Description of the Premises. Lessor hereby leases to Lessee, upon terms and conditions herein set forth, the Premises consisting of the former Tukwila Grade School /Tukwila City Hall, situated in the City of Tukwila, King County, Washington, and whose common address is 14475 59th Avenue South, Tukwila, Washington, depicted in Exhibit A hereto. B. Consideration. There is no base rent for the term of this lease, but in exchange for this lease the Lessee shall perform the tasks stated herein at Section III.H -I, at Lessee's sole cost and at no cost to the Lessor. C. Term. The term of this Lease Agreement is five years, commencing on October 1, 2015 and terminating on September 30, 2020. Upon mutual agreement of the Mayor of the City of Tukwila and the Executive Director of the Tukwila Historical Society, this agreement may be extended for 3 an additional five year period to commence on October 1, 2020 and terminating on September 30, 2025. The Mayor is authorized to execute an amendment to facilitate an extension and to include any needed consideration or modifications to this agreement, without the need for City Council approval. D. Ownership. The real property, improvements, all permanent fixtures, and landscaping shall become and remain the property of Lessor. Any personal property stored at the Premises (e.g. furniture, pictures, clothing, etc.) shall remain the property of the party that supplied it. E. Permitted Uses. The Premises shall be used by the Lessee for the primary purpose of enhancing the historical and cultural place Tukwila holds in the region by collecting, preserving, and displaying collections, artifacts and digital information pertaining to Tukwila's past, and to be an educational resource for future generations. To that end, the Lessee may: 1. Improve and renovate the Premises, with the Lessor's oversight, so as to use the House as a historic and cultural resource for the citizens of Tukwila; 2. Rent the Premises, in accordance with Section III.F. F. Rental of Space. In order to generate funds for the maintenance of the premise and to sustain the Tukwila Historical Society, the Lessee is permitted to rent the premise out to an organization and /or individual (hereinafter, "Renter") for special events, subject to the following: 1. No single rental may have a duration greater than 72 hours. 2. The Lessee shall obtain and maintain an assembly permit from the City's Fire Department, if required. The Lessee is required to fully comply with all building, fire, and other applicable life safety code regulations. 3. The Lessee shall ensure that Renters do not significantly impact the surrounding residential neighborhood. All rental activities must cease by 10:0013M. 4. City of Tukwila sponsored events shall not be charged a fee for use of the Premises. Lessor shall work with the Lessee on scheduling City sponsored events. 5. The Lessor may, at its sole discretion and absolute authority, terminate Lessee's right to rent the Premises, provided the Lessor provides 30 -days advance notice. Lessor shall not be responsible for lost rental income or reimbursement for rental refunds due to the Lessor's exercise of this provision. 6. The Lessee shall require all Renters to execute a rental agreement that: i. States that the City of Tukwila is not a party to the rental agreement; ii. Notifies potential Renters of the 30 -day termination clause stated in Section III.F.5.; and iii. States that the Renter shall defend, indemnify, and hold harmless the City of Tukwila, its officers, officials, employees and volunteers from and against any and n all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the Renter's use of the Site, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Tukwila. 7. A template of the rental agreement must be provided to the Lessor for review and approval prior to the first rental of the Premises. G. Acceptance of Premises. Lessee has examined the Premises and accepts them in their present condition. H. Lessee's Responsibilities. In exchange for Lessor providing the Lessee use of the premise at no charge, Lessee shall: 1. Continue to work to secure funding, grants, and private contributions to complete regular upkeep and improvements to the Premises. Proposed improvements include, but are not limited to, reinstalling the flag pole on the Premises, completing additional bathroom upgrades; and restoring the interior lighting to be more historically appropriate for the building. Use and occupancy of the Premises shall at all times be consistent with applicable building, fire, and sign code requirements. 2. Subject to the provisions of this Agreement, the Lessee shall design and implement improvements to the Premises. All work performed by the Lessee in, on, or about the Premises shall be subject to prior written review and approval of the Lessor. The improvements of the Premises shall be at the sole cost and expense of the Lessee, except as otherwise agreed to by the Lessor, in writing. 3. Obtain all permits that may be necessary to perform such work and ensure all work shall be performed in a good and workmanlike manner. 4. Capital improvements must follow applicable guidelines of both state and national covenants related to the Premises' status as a registered historical landmark. 5. Keep the Premises and the immediate surrounding area neat, clean and in a sanitary condition. 6. Maintain in good condition and repair the structural components and systems and the exterior components of the Premises which include, but are not limited to, the roof, exterior walls, foundation, beams, siding, stairs, exterior painting, and all load bearing members. Lessee shall also maintain the mechanical, electrical and plumbing systems of the Premises. 7. Apply for Tukwila Landmark status for the Premises. 8. Develop programing for children and youth to educate about the history of Tukwila and the Duwamish /Green River Valley. 9. Work with the City and Westfield Southcenter (or future owners of Southcenter mall) on an exhibit celebrating the 50th Anniversary of Southcenter Mall. 5 I. Lessor's Responsibilities. Lessor shall provide and pay for all utilities, routine janitorial, cleaning, and minor repairs, with said minor repairs not to exceed $100.00 per month. J. Hazardous Substances. Lessee shall not, without first obtaining Lessor's prior written approval, generate, release, spill, store, deposit, transport or. dispose of (collectively "Release ") any hazardous substance, sewage, petroleum products, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and /or local laws and regulations in any reportable quantities (collectively "Hazardous Substances ") in, on, or about the Premises. Lessee shall attach a separate list of Hazardous Substance it proposes to store on site and Lessor must accept the list or the Hazardous Substances cannot be stored on site. In the event, and only in the event, Lessor approvals Release of Hazardous Substances on Premises, Lessee agrees that such Release shall occur safely and in compliance with all applicable federal, state, and local laws and regulations. Lessee shall indemnify, hold harmless, and defend Lessor from any and all claims, liabilities, losses, damages, clean -up costs, response costs, and expenses, including reasonable attorney fee, arising out of or in any way related to the Release by Lessee in, on or about the Premises occurring at any time after the effective date of this Lease Agreement to the full extent of Lessee's liability therefor. K. General Indemnification. Lessee shall defend, indemnify, and hold harmless the Lessor, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of the Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered by the Lessee in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the Lessor. Lessor shall ensure that similar hold harmless language is included in any rental agreement, as discussed in Section III.F.6.iii. of this Lease Agreement. L. Subletting Space. Subletting the space by Lessee is strictly prohibited. M. Assignment. Neither party shall assign its rights or responsibilities under this Lease Agreement without the written authorization of the other party. Written authorization shall not be unreasonably withheld. N. Termination. 1. Pursuant to the terms and conditions of this Lease Agreement between the parties, this Lease Agreement may be terminated upon written mutual agreement between the parties hereto. 2. Either party may terminate or suspend this Lease Agreement at anytime, with or without cause, upon one (1) year prior written notice. 3. In the event Lessee violates any provision of this Lease Agreement, Lessor may terminate Lessee's use of the Premises upon thirty (30) days prior written notice. 0. Liability Insurance. 1. Insurance Term. Lessee shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the Premises. 2. No Limitation. The Lessee's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the Lessor's recourse to any remedy available at law or in equity. 3. Minimum Scope of Insurance. Lessee shall obtain insurance of the types described below: Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Lessor shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured - Managers or Lessors of Premises Form CG 2011 or a substitute endorsement providing at least as broad coverage. ii. Property insurance shall be written on an all risk basis. 4. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. ii. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. 5. Other Insurance Provisions. L Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Lessor. Any Insurance, self- insurance, or insurance pool coverage maintained by the City of Tukwila shall be excess of the Lessee's insurance and shall not contribute with it. 6. Acceptability of Insurers. i. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 7. Verification of Coverage. i. Within ten (10) days of execution of the Lease, Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but 7 not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. 8. Waiver of Subrogation. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 9. Lessors Property Insurance. Lessor shall purchase and maintain during the term of the lease all -risk property insurance covering the Building for its full replacement value without any coinsurance provisions. 10. Notice of Cancellation. Lessee shall provide the Lessor with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 11. Failure to Maintain Insurance. Failure on the part of Lessee to maintain the insurance as required shall constitute a material breach of Lease, upon which the Lessor may, after giving five business days' notice to the Lessee to correct the breach, terminate the Lease 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 Lessor on demand. 12. Lessor Full Availability of Lessee Limits. i. If Lessee maintains higher insurance limits than the minimums shown above, the Lessor shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective of whether such limits maintained by the Lessee are greater than those required by this contract or whether any certificate of insurance furnished to the Lessor evidence limits of liability lower than those maintained by the Lessee. P. Anti - Discrimination. In all hiring, employment, or provision of services made possible resulting from this Lease Agreement between the parties, Lessee shall not discriminate against any employee, applicant for employment or any person seeking service of Lessee on the basis 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. Q. Liens. Lessee shall keep the Premises free from liens arising out of obligations incurred by Lessee. Upon written request from Lessor, Lessee will furnish written proof of payment of any charge which, if not paid, could provide the basis for a lien on the Premises. Access for Inspection or Upkeep. Lessor reserves the right to inspect and maintain the Premises, at a reasonable time and upon responsible notice. Lessee may be present during any and all inspections and /or maintenance. Lessor reserves the right to access the Premises in the event of an emergency, without advance notice to Lessee. S. Compliance with All Laws and Regulations. In using the Premises, Lessee shall comply with all applicable laws, ordinances and regulations form any and all authorities have jurisdiction. T. Entire Agreement; Modification. This Agreement, together with attachments or addenda, constitutes the entire and integrated Lease Agreement between the Lessee and the Lessor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Lease Agreement shall be of any force or effect unless it is in writing and signed by the parties. U. Severability and Survival. If any term, condition or provision of this Lease 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 Lease 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. V. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City of Tukwila granted by the Washington State Constitution or by general law. W. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. X. Legal Representation. In entering into this Agreement, Lessee represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Lease Agreement; that it has carefully read the foregoing Lease Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Lease Agreement. Y. Notices. Any written notice required or permitted to be given herein shall be made by registered or certified mail, or by delivery in person to the party which is intended recipient of the notice, at the following addresses or to such other respective addresses as either party hereto may from time to time designate in writing: Notices to the Lessor /City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Lessee /Tukwila Historical Society shall be sent to the following address: Chairperson, Tukwila Historical Society Tukwila Historical Society 14475 59th Ave South Tukwila, Washington 98168 Z. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. Each party shall be responsible for its own legal cost incurred in enforcing any provision of this Lease Agreement. DATED this day of , 20_ LESSOR /CITY OF TUKWILA LESSEE / TUKWILA HISTORCIAL SOCIETY Mayor, Jim Haggerton ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney 10 By: Printed Name and Title ��:'r"�11LjA Ly Exhibit A 4 Zx E u c Old Tukwila City Hall Tukw�la� �" 11 12 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director BY: Cindy Wilkins — Fiscal Specialist DATE: August 12, 2015 SUBJECT: 2015 Reporting of Abandoned Property to the Washington State Department of Revenue Unclaimed Property Section ISSUE Annual write -off of outstanding and unredeemed accounts payable and payroll claims. BACKGROUND Each year by November 1St, the City of Tukwila reports abandoned or unclaimed property that is owed either to individuals or business vendors to the Washington State Department of Revenue Unclaimed Property Section and removes these items from the accounting records. All local governments are required to report unclaimed property except unclaimed restitution. Normal restitution is then reported each year by the County Treasurer to the State Treasurer. Current Finance Department policy dictates that all abandoned or unclaimed property be reported annually to the Washington State Department of Revenue Unclaimed Property Section through the Council approved resolution process. DISCUSSION For the 2015 unclaimed property report year, reporting of abandoned or unclaimed property totals $919.92 comprised of General Fund Accounts Payable claims checks. There were no outstanding payroll checks to report for this period. To the extent possible, those individuals and businesses with unclaimed accounts payable claims and payroll checks have been notified by the City through "good faith" effort of being mailed due diligence letters. These individuals and businesses have either not responded to the due diligence notifications and /or cannot be located in order to claim their property. RECOMMENDATION The Council is being asked to approve the Resolution declaring the cancellation of unclaimed General Fund accounts payable claims and consider these items on the Consent Agenda at the September 8, 2015 Regular Council Meeting. ATTACHMENTS Draft Resolution 2015 Unclaimed Property Summary Detail Report. 13 14 I A A31 MN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION OF OUTSTANDING GENERAL FUND CLAIMS CHECKS. WHEREAS, the State of Washington, Department of Revenue Unclaimed Property Section, for the reporting on year 2015, requires a one -year dormancy period for outstanding claims checks issued from the General Government Fund; and WHEREAS, the City of Tukwila Finance Department has made all reasonable attempts to resolve the outstanding, unredeemed General Fund claims; and WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding, unclaimed General Fund claims checks issued prior to July 1, 2014; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council authorizes the cancellation of General Fund checks as detailed on Attachment A, the 2015 Unclaimed Property Summary Detail Report. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment A: 2015 Unclaimed Property Summary Detail Report W: \Word Processing \Resolutions \Cancellation of outstanding claims and checks 8 -11 -15 PM:bjs Page 1 of 1 15 16 Attachment "A" 2015 - UNCLAIMED PROPERTY SUMMARY DETAIL REPORT 7/31/2012 - 06/30/2014 Accounts Payable Check # Date Vendor # Vendor 363839 07/15/2013 015049 JAMES LIYAB 363846 07/15/2013 015048 MELISA NAVARRO 364886 11/18/2013 015380 EVA SALAZAR 365019 12/16/2013 015394 CIERRA BALL 365059 12/16/2013 015395 365220 01/06/2014 015459 365260 01/06/2014 015457 365277 01/06/2014 015456 365461 01/27/2014 015495 365593 02/18/2014 015457 365608 02/18/2014 015456 366043 04/21/2014 009403 366065 04/21/2014 015632 366076 04/21/2014 015622 366116 04/21/2014 015631 366143 04/21/2014 015636 366316 05/19/2014 015711 366333 05/19/2014 015725 364173 08/19/2013 015127 364544 10/07/2013 015246 361100 07/31/2012 014340 365988 04/07/2014 015605 364120 08/19/2013 015132 365150 12/23/2013 015452 365939 04/07/2014 015616 Court 33526 5/29/2013 6/24/2013 DAVID HANSEN JOHN CLARK AMERIKA LOGOVA ALATASI PUA JEFFREY MARSTEN AMERIKA LOGOVA ALATASI PUA MARTINA BEAUVAIS RICHARD DANIEL TIHITINA HAILE GLENDA NORMAN JULIAN STAPLES JOSEPH A DEMARCO PATRICIA HUGHES CANDICE SWEET JINDER SINGH Haron Adem Roba BICH -NGOC PHAM ANDRES ESCOBAR PHILLIP BURKETT ENGINEERING SOLUTIONS Davub Nour Cash found in lobby * Note - No outstanding Payroll checks to report for 2015. Inv Date Invoice 06/26/2013 7151326 06/26/2013 7151327 10/23/2013 CR63116A 11/27/2013 12161361 11/25/2013 0 12/18/2013 1061415 12/18/2013 1061417 12/18/2013 1061418 01/13/2014 1271409 01/29/2014 2181409 01/29/2014 2181410 04/03/2014 14211441 04/03/2014 14211447 04/03/2014 14211451 04/03/2014 14211461 04/03/2014 14211468 05/01/2014 5191424 05/01/2014 5191430 08/07/2013 744348 09/25/2013 752980 Description Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Witness Fee Jury Fee Jury Fee Jury Fee Jury Fee Jury Fee Jury Fee Jury Fee Damage Deposit Refund 000.239.105 Damage Deposit Refund 000.239.105 Account # Check Total 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 000.09.512.500.49.04 07/19/2012 Ref000331757 Bus Lic Refund 000.257.000 03/27/2014 PG13 -146 Plumbing Permit Refund 000.322.013.00.00 08/07/2013 744430 Yth Ath Refund 000.347.600.04.00 12/11/2013 765439 Teen Prog Acct Adj 04/03/2014 40714309 March Rental Refund Parking Ticket Dup Payment 000.347.600.04.01 000.362.501.00.00 000.369.200.00.00 000.369.200.00.00 Notes $10.00 No response $10.00 No response $10.00 No response $10.00 6/22 ret w /forward address, sent again, 2821 146th E Sumner $10.00 No response $10.00 No response $10.00 6/22 affidavit returned undeliverable $10.00 6/22 affidavit returned undeliverable $10.00 No response $10.00 6/22 affidavit returned undeliverable $10.00 6/22 affidavit returned undeliverable $10.04 No response $17.22 No response $13.80 No response $14.81 No response $15.61 No response $15.88 No response $15.82 No response $150.00 6/22 affidavit returned undeliverable $100.00 6/22 affidavit returned undeliverable $67.00 No response $115.60 No response $40.00 6/22 affidavit returned undeliverable $3.00 No response $126.14 No response 814.92 100.00 5.00 105.00 Total to Report: $ 919.92 im City of Tukwila Jim Haggerton, Mayor • :4 M F."I 9 • ' • �' TO: Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Finance Director DATE: August 12, 2015 SUBJECT: Additional Information on Options to Enhance Revenues ISSUE Provide additional information on options to increase City revenues. BACKGROUND At the July 21, 2015, Finance and Safety Committee meeting, several options to increase revenues were presented to the Committee. The Committee requested additional information on the following items: • Transportation Benefit District — history of ballot measures • Business and Occupation rates • For each revenue option, the financial impact on a typical residential taxpayer and the tax rates for neighboring jurisdictions �Il���i�I+�+�C�1► Both a history of Transportation Benefit District ballot measures and a listing of Business and Occupation tax rates are included as attachments to this memorandum. The Revenue Option Matrix has been expanded to include information on the estimated cost of certain revenue options to a taxpayer owning a $350,000 home. Additionally, tax rate information has been included for eight cities comprised of six South King County cities and Bellevue and Seattle, which are considered competitors to Tukwila for retail and other business. The expenditure portion of the matrix was revised slightly to make clear that it is a list of upcoming, unfunded capital projects in excess of $3 million. RECOMMENDATION For Information only. ATTACHMENTS Revenue Matrix - updated Business & Occupation tax rates Statewide Transportation Benefit District legislation Statewide 19 20 Finance & Safety July 21, 2015 Revenue Option Attachment — UPDATED July 30, 2015 E U. OPTIONS � ��s Revenue Vehicle Levy Lid Lift Amount Available $2,400 000 Mechanism Voter approved @ 50% Type and payee Property tax — property owners Estimated Average Cost Levy lid lift to the cap would equal $1,162 in City portion of the property taxes for a $350,000 home. The current total for the same home is $924, so an increase of $168. Bond $103 million Voter approved @ 60% plus validation Property tax Bonding to the property ; cap would be owners $572 per year for , 'a $350,000 home. • • • • • • • Other' Cities' and RRates Auburn current rate is 2.08085; no lift Bellevue current rate is .98085 and includes a lift of .09797 for parks Burien current rate is 1.59050; no lift Federal Way current rate is 1.24751; no lift Kent current rate is 1.57621; no lift. Tried for a lift to fund streets and parks in 2012 @ $.37 per $1,000 but failed at ballot in 2012 Renton rate is 2.83283; no lift Seattle rate is 2.62352 and includes a lift of 0.86760 for that funds the Family and Education Levy, Housing Levy and Preschool for All Levy. SeaTac rate is 3.15753; no lift Kent attempted general obligation bonds to fund a criminal justice and training facility for $34M which failed in 2014. Seattle's rate of 2.62352 also includes a general obligation bond increase of 0.13040 that funds libraries (voter approved in August of 2012 and the waterfront seawall, approved in November of 2012. B &O Tax $4,000,000 Councilmanic Tax on gross annually receipts — businesses Unable to calculate because cost dependent on a businesses' gross receipts. • • • • Bellevue levies 0.001496 on all four sectors Burien levies 0.001 on all four sectors Kent levies 0.00046 on manufacturing and retail and 0.00152 services and wholesale Renton levies 0.00085 on manufacturing, services and retail with a rate of 0.0005 on retail, effective 1/1/16 with the following exemptions: business subject to B &O must have gross receipts in excess of $1.5M, max cap is $58, businesses subject to B &O exempt from RGRL, 3 year new biz tax credit for new businesses with 50 or more employees • Seattle levies 0.00215 on manufacturing, retail and wholesale and 0.00415 on services. All are above the 0.002 councilmanic due to voter approved Restrictions Restriction lies in ballot title and cannot exceed maximum rate. Restriction lies in ballot title and cannot exceed a percentage of total AV in the City. .2% available B &O tax can be sized to to cities. Could ' exempt small businesses exceed .2% if via an employee or gross voter approved receipts threshold. Can also be targeted for specific industries and vary by industry type. . Notes Tukwila's current rate is $2.84188 per 1,000; the cap is $3.32. Bonds largely used for capital projects. * Analysis of other cities' revenues and rates was restricted to Auburn, Bellevue, Burien, Federal Way, Kent, Renton, SeaTac and Seattle from 2011- present. If a city is not listed, then the issue does not apply. Transportation Benefit District Transportation Benefit District Car Tab Regional Fire Authority Annexation $3,600,000 Voter annually approved @ 50% Finance & Safety July 21, 2015 Revenue Option Attachment — UPDATED July 30, 2015 Sales tax - Dependent on largely out of ; purchases. town visitors • Seattle 0.001 sales tax approved by voters 11/14 dedicated to increased Metro service in the city; $ 500,000 Councilmanic Car tab — car owners and fleets $3,000,000 - Annexation $6,000,000 is voter approved @ 50% Fire benefit charge - property owners based on square Fire Benefit footage of Charge must improvements be renewed and fire by the voters suppression every six needs years @ 60% $20 per vehicle if councilmanic; up to $100 per vehicle if full capacity allowed by voters Depends on the formula. Currently being investigated by RFA steering committee. • Seattle: $20 car tab; additional $60 fee approved by voters 11/14, dedicated to increased Metro service in the city. • Burien $20 car tab; $30 fee failed at ballot Auburn, Kent and Federal Way are all annexed to RFAs. SeaTac contracts with the Kent RFA and Renton is exploring creating an RFA. Must be dedicated for transportation- related projects. Must be dedicated for transportation - related projects. .2 %sales tax available to cities. $20 car tab available councilmanic, up to $100 if approved by a public vote at 50 %. Total fire Annexation to the Kent benefit charge RFA would create revenue capacity in the City's cannot exceed property tax revenue. 60% of The City has the option operating of retaining all capacity, budget. no longer levying the difference or a mix of the two The City could also offset the RFA costs by reducing other taxes or fees. No restrictions . Includes: with the • Admissions tax exception of • Parking tax Impact Fees which must be dedicated to what they are for i.e. fire, traffic, parks. Reexamining Unknown Councilmanic Varies existing taxes and fees Varies • Auburn: o Admissions tax: 5% • Bellevue: o Admissions tax: 3% • Burien: o Admissions tax: 5% o Parking tax: $3.00 per parking transaction • Kent: o Admissions tax: 5% (continued on next page) * Analysis of other cities' revenues and rates was restricted to Auburn, Bellevue, Burien, Federal Way, Kent, Renton, SeaTac and Seattle from 2011 - present. • RGRL • Fire, Traffic and Park Impact fees If a city is not listed, then the issue does not apply. Finance & Safety July 21, 2015 Revenue Option Attachment — UPDATED July 30, 2015 Local Depends on Improvement project District Councilmanic and petition Assessment— Cost completely, properties dependent on around the project and specific number of project property owners Utility Tax $600,000 Councilmanic Utility tax — per 1 %, up to 6% everyone on $100,000 if Voter Tukwila extended to approved to utilities other exceed 6% districts Reduce Operational Costs Cost dependent on whether extending tax to non -City utilities or negotiating a franchise fee. • Renton: o RGRL: Renton currently has a "head tax" (they do not refer to it as an RGRL, but it is virtually the same thing) for all businesses. In 2016 when they implement their B &O tax, the head tax will only apply to businesses with less than $1.5M in revenue. Renton's rate is $.0352 per hour, or just over $73 for each full time employee. • SeaTac: o Parking tax: $3.00 per parking transaction • Seattle: o Admissions tax: 5% o Commercial parking tax: 12.5% o No RGRL but square footage tax Many cities utilize LIDs for a wide variety of projects. Would not be feasible to list. Dedicated to Could be used for a the specific LID variety of capital project infrastructure projects if nearby property owners, are supportive. :..._..._..... Many cities charge utility taxes and /or have negotiated a franchise fee The City is Opportunity to extend for utilities operating within their jurisdictional boundaries. currently at current utility tax to 6 %. Must be other agencies serving voter approved Tukwila residents. to go higher. $4,900,000 Councilmanic Reduction in services 10% reduction across the board would result in i these savings; Administration and Council to determine 1 what programs and services would be cut. * Analysis of other cities' revenues and rates was restricted to Auburn, Bellevue, Burien, Federal Way, Kent, Renton, SeaTac and Seattle from 2011- present. If a city is not listed, then the issue does not apply. Finance & Safety July 21, 2015 Revenue Option Attachment — UPDATED July 30, 2015 P ARE Expense Facilities Fire Department Amount Needed Total $5,000,000 annually $98,000,000- $139,000,000 $800,000 - $17,500,000 $1,300,000 annually $21,500,000 Unfunded CIP Projects; dwindling state and federal dollars Residential Streets Unknown and Sidewalks Notes $2,000,000 per year debt service on criminal justice facility $1,000,000 per year debt service on the Public Works campus (assumes enterprise funds covering half the cost of the campus) $2,000,000 per year debt service on City Hall and 6300 short term /demolition If the City does not annex into the RFA, new, fire facilities must be constructed, as well as renovation of one station. Strander Extension Allentown Truss Bridge 168th Extension Southcenter Boulevard BNSF Access Four new traffic signals Duwamish Hill Preserve Phase 3 Tukwila Pond Tukwila South Trail Fully install sidewalks and safety improvements city -wide. Current CIP puts $750,000 annually away for prog $40,000,000 Currently going for a $20,000,000 TIGER grant; have other potential sources. City commitment in the $2,000,000 range. $20,000,000 Likely the next bridge that will need to be completely replaced; nearing the end of its useful life. $23,000,000 Southcenter Parkway to Andover Park East. 520,000,000 1-5 to 61St Avenue Bridge. $10,000,000 to City currently doing a joint study with BNSF to determine new access point. Once complete, will need to be funded. $20,000,000 $3,000,000 Signals nearly $1;000,000 each $8,000,000 $7,700,000 $3,000,000 Next phase of project. Overhaul of park.'- * Analysis of other cities' revenues and rates was restricted to Auburn, Bellevue, Burien, Federal Way, Kent, Renton, SeaTac and Seattle from 2011- present. If a city is not listed, then the issue does not apply. City Business (B &O) Tax Rates Effective January 1, 2015 Average 0.00149 0.00160 0.00200 0.00153 (v) = voter approved increase above statutory limit (e) = rate higher than statutory limit because rate was effective prior to January 1, 1982 (i.e., grandfathered). * For Bainbridge Island and Mercer Island, only gross receipts in excess of $150,000 are subject to the tax. For Burien, only gross receipts in excess of $200,000 are subject to the tax. For Kent, only gross receipts in excess of $250,000 are subject to the tax. NOTES: Tax rates may apply to businesses categories other than those above. Exemptions, deductions, or other exceptions may apply in certain circumstances. Contact the city finance department for more information. Renton enacted a B &O tax effective January 1, 2016. Black Diamond repealed its B &O tax effective January 1, 2008. Buckley repealed its B &O tax effective January 1, 2007. Issaquah rate increase effective April 1, 2015. Association of Washington Cities 6/11/2015 25 Manufacturing Services Wholesale City County Phone # Rate Retail Rate Rate Rate Aberdeen Grays Harbor (360) 533 -4100 0.002 0.003 e 0.00375 e 0.003 e Algona King (253) 833 -2897 0.00045 0.00045 0.00045 0.00045 Bainbridge Island Kitsap (206) 780 -8668 0.001 0.001 0.001 0.001 Bellevue King (425) 452 -6851 0.001496 0.001496 0.001496 0.001496 Bellin ham Whatcom 360 778 -8010 0.0017 0.0017 0.0044 e 0.0017 Bremerton Kitsap (360) 473 -5311 0.0016 0.00125 0.002 0.0016 Burien* King (206) 241 -4647 0.001 0.001 0.001 0.001 Cosmopolis Grays Harbor (360) 532 -9230 0.001487 0.001487 0.001487 0.001487 Darrington Snohomish (360) 436 -1131 0.00075 0.00075 0.00075 0.00075 Des Moines Kin 206 878 -4595 0.002 0.002 0.002 0.002 DuPont Pierce (253) 964 -8121 0.001 0.001 0.001 0.001 Everett Snohomish (425) 257 -8601 0.001 0.001 0.001 0.001 Everson Whatcom (360) 966 -3411 0.002 0.002 Granite Falls Snohomish (360) 691 -6441 0.002 0.002 Ho uiam Gras Harbor 360 532 -5700 0.002 0.002 0.002 0.002 Ilwaco Pacific (360) 642 -3145 0.002 0.002 0.002 0.002 Issaquah King (425) 837 -3054 0.0012 0.0012 0.0015 0.0012 Kelso Cowlitz (360) 423 -0900 0.001 0.001 0.002 0.001 Kent* King (253) 856 -6266 0.00046 0.00046 0.00152 0.00152 Lacey Thurston 360 491 -3214 0.001 0.002 Lake Forest Park King (206) 368 -5440 0.002 0.002 0.002 0.002 Long Beach Pacific (360) 642 -4421 0.002 0.002 0.002 0.002 Longview Cowlitz (360) 442 -5000 0.001 0.001 0.002 0.001 Mercer Island * King (206) 275 -7783 0.001 0.001 0.001 0.001 North Bend Kin 425 888 -1211 0.002 0.002 0.002 0.002 Ocean Shores Grays Harbor (360) 289 -2488 0.002 0.002 0.002 0.002 Olympia Thurston (360) 753 -8327 0.001 0.001 0.002 0.001 Pacific King (253) 929 -1100 0.002 0.002 0.002 0.002 Port Townsend Jefferson (360) 379 -4409 0.002 0.002 0.002 0.002 Rainier Thurston 360 446 -2265 0.002 0.002 0.002 0.002 Raymond Pacific (360) 942 -3451 0.002 0.002 0.002 0.002 Roy Pierce (253) 843 -1113 0.001 0.002 0.002 0.001 Ruston Pierce (253) 759 -3544 0.0011 0.00153 0.002 0.00102 Seattle King (206) 684 -8300 0.00215 v 0.00215 v 0.00415 v 0.00215 v Shelton Mason 360 426 -4491 0.001 0.001 0.001 0.001 Snoqualmie King (425) 888 -1555 0.0015 0.0015 0.0015 0.0015 Tacoma Pierce (253) 591 -5252 0.0011 0.00153 0.004 e 0.00102 Tenino Thurston 0.002 0.002 0.002 0.002 Tumwater Thurston (360) 754 -5855 0.001 0.001 0.002 0.001 Westport Grays Harbor (360) 268 -0131 0.0025 e 0.005 a 0.005 a 0.0025 e Yelm IThurston 360 458 -3244 1 0.001 1 0.002 1 0.002 1 0.001 Average 0.00149 0.00160 0.00200 0.00153 (v) = voter approved increase above statutory limit (e) = rate higher than statutory limit because rate was effective prior to January 1, 1982 (i.e., grandfathered). * For Bainbridge Island and Mercer Island, only gross receipts in excess of $150,000 are subject to the tax. For Burien, only gross receipts in excess of $200,000 are subject to the tax. For Kent, only gross receipts in excess of $250,000 are subject to the tax. NOTES: Tax rates may apply to businesses categories other than those above. Exemptions, deductions, or other exceptions may apply in certain circumstances. Contact the city finance department for more information. Renton enacted a B &O tax effective January 1, 2016. Black Diamond repealed its B &O tax effective January 1, 2008. Buckley repealed its B &O tax effective January 1, 2007. Issaquah rate increase effective April 1, 2015. Association of Washington Cities 6/11/2015 25 26 l ransportation benefit Uistrict Legislation Statewide through April 2015 Jurisdiction Vehicle License Fee Sales Tax Transportation Benefit Districts Passed in 2014 macortes $20 (effective 04/01/2015) ;verett $20 (effective 03/01/2015) ;larkston (Ord. passed $20 (effective 04/01/2015) 5/27/2014) .ing County $60 fee failed on April 2014 ballot .irkland (Ord. passed 2/1.0/2014) - Has not assed a funding provision oy $20 (effective 01/01/2015) 7ilkeson (Ord. 2014 -03) $20 (effective 01 /01/2015) Transportation Benefit Districts Passed in 2013 berdeen $0.0013 sales tax (passed, election 02/12/2013) effective 07/01/201.3 rlington $0.002 sales tax (passed, election 8/2013) ington. - Has not passed ing provision ont $20 (effective 09/01/2013) ;wood $20 (effective 07/01/2014) nclaw $20 (effective 09.01/2014) Marysville (Ord. Passed 1.2/201.3) Soap Lake $20 (effective 11/01/2013) Transportation Benefit Districts Passed in 2012 $20 (effective 08/01/2013) $20 (effective 02/01/2014) $20 (effective 11/01/2013) Bainbridge Island uckley .arbonado .astle Rock ast Wenatchee atonville lectric City Ielso :alaina enmore ..ittitas akewood (Ord. 550) ynden .oval City $0.002 sales tax (effective) 12/01/2014) $20 (effective 08/01/2013) $20 (effective 03/01/2013) $20 (effective 05/01/2013) $20 (effective 08/01/2013) $20 (effective 10/01/2013) $20 (effective 06/01/2013) $20 (effective 12 /01/2012) $20 (effective 04/01/2015) $20 (effective 11/01/2012 $0.002 sales tax (passed, election 11/06/2012) effective 04/01/2013 $0.002 sales tax (passed, election 11/06/2012) effective 04/01/20 13 27 laple Valley lonroe - Created 1/24/2012 - Has not passed funding provision acoma oppenish laitsburo ✓apato Iakima - dissolved 3/18/2014 $20 (effective 07/01/2013) $20 (effective 06/01/2013) $20 (effective 12/01/2012) $20 (effective 04/01/2013)) $0.002 sales tax (passed, election 02/12/2013) effective 07/01/2013 $0.002 sales tax (passed, election 04/17/2012) Transportation Benefit Districts Passed in 2011. . .uburn - Has not passed znding provision erndale $0.002 sales tax (passed, election 02/14/2012) randview $20 (effective 02/01/2012) labton $20 (effective 12/01/201. 1) [ountlake Terrace $20 (effective 08/01/2012) orth Bend $0.002 sales tax (passed, election 11 /08/2011) ►rting $20 (effective 02/01/2013 - 01/31/2015, fee applies to all renewals with these registration dates, including .renewals paid after 02/31/2015) nohomish County - Has not assed funding provision pokane ✓alla Walla $20 (effective 09/01/2011) $0.002 sales tax (passed, election 02/1.4/2012) ✓enatchee $20 (effective 08/01/2012) illah. $20 (effective 7/12/2012) Transportation Benefit Districts Passed in 2010 ;ellingham $0.002 sales tax (04/01/2011.) Jng County - 2010 TBD Dissolved issolved and county wide 'BD passed 02/2014 eavenworth $0.002 sales tax (04/01/2011) ynnwood $20 (effective 07/01/2011) eattle $20 (effective 05/01/201. 1) Snohomish $0.002 sales tax (passed 08/16/2011) Snoqualmie $20 (effective 03 /01/2011) Transportation Benefit Districts Passed in 2009 Bremerton $20 (effective 07/01/2012), $30 fee failed on Nov. 2009 ballot Burien $10 (effective 02/01/2010), $30 fee failed on Nov. 2009 ballot Prosser $20 (effective 11/01/2009) Shoreline $20 (effective 02/01/2010) diversity Place $20 (effective 07/01/2014) Transportation Benefit Districts Passed in 2008 Des Moines $20 (effective 09/01/2009) Edmonds $20 (effective 09/01/2009) Lake Forest Park $20 (effective 09/01/2009) Olympia $20 (effective 10/01 /2009) Ridgefield Sales tax repealed effective 10/01/2012 - $0.002 sales tax (04/01/2009) Sequim $0.002 sales tax (04/01/2010) Transportation Benefit Districts Passed Prior to 2008 Liberty Lake (2002) Point Roberts, Whatcom Special gas tax County (1992) $0.01 /gallon (1992) 29 30 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Derek Speck, Economic Development Administrator DATE: August 12, 2015 SUBJECT: Consulting Contracts for Proposed Arena ISSUE Staff requests Council approval for consulting contracts related to the proposed arena. BACKGROUND In May 2015 RLB Holdings Sports and Entertainment, LLC submitted an application for State Environmental Policy Act (SEPA) review for permits and approvals necessary to construct a multi - purpose sports and entertainment arena in Tukwila. The City of Tukwila has determined that an Environmental Impact Statement (EIS) will be prepared. As is typical for environmental reviews and projects of this nature, staff contracted with consultants to assist with technical analyses and project management. Similar to what occurs in other large projects, these costs will be paid by the developer. Staff would like to amend some of those contracts to expand their scope to carry the project work through the EIS period and the end of this year. Staff requests Council approval for those contract amendments that exceed the Administration's approval authority. As information, the table below also includes two contracts that are still within the Administration's approval authority but are shown here in order to give Council context for all the contracts related to the arena at this time. Contract Maximum Amount Firm Purpose Current Proposed 15 -059 Daley Morrow Poblete, Inc. Water, sewer, stormwater analysis $20,000 $50,000 15 -078 Skinner Planning and Environmental Solutions EIS review $35,000 $75,000 15 -084 Fehr & Peers Traffic analysis $20,000 $40,000 15 -107 Shiels Obletz Johnsen Project management $35,000 $100,000 15 -127 Fehr & Peers Parking analysis $12,500 $25,000 15 -080 Walker Macy Architectural design review $10,000 $10,000 To be determined Transit analysis $0 $20,000 Total $132,500 $320,000 There are a few items that are important to note: (1) These contracts are revenue neutral to the City because the arena developer and City will enter into an agreement in which the developer will reimburse the City for these 31 INFORMATIONAL MEMO Page 2 costs. Since the reimbursement agreement relates to the City receiving revenue and does not authorize expenditures, it does not require Council approval. The arena developer has reviewed the draft reimbursement agreement and indicated their concurrence. (2) The contract amounts shown are maximum "not to exceed" limits. Most of the contracts are based on actual time and materials and the full amount may not be spent. (3) As the arena project progresses, it's possible that other contracts will be necessary. DISCUSSION The Daley Morrow Poblete contract provides technical analysis of the arena's effects on the city's water, sanitary sewer, and stormwater capacity and infrastructure. The Skinner Planning and Environmental Review contract will provide for the assistance of Lloyd Skinner who is reviewing the EIS and performing other planning work related to the arena. The two Fehr & Peers contracts are for different scopes of work that fall within Administration's approval authority, however, staff seeks Council approval since, when combined, they exceed Administration's approval limits and we would like to avoid any misperceptions. One of the contracts is to analyze the proposed parking for the arena and the other contract is to analyze the traffic impacts. The Shiels Obletz Johnsen contract provides for Ken Johnsen to serve as the City's project manager for the arena. The five contracts are currently in effect. Staff is requesting Council approval of amendments to increase the maximum compensation in the agreements. The contracts with proposed amendments are attached. FINANCIAL IMPACT There is no financial impact to the City because the cost of the contracts will be reimbursed by the arena developer. Although the contracts are revenue neutral, budget amendments may be necessary later this year to show increases in revenues and expenditures. RECOMMENDATION The Council is being asked to approve five proposed contract amendments and consider this item at the August 24, 2015 Committee of the Whole meeting, with potential approval at the Consent Agenda of the Special Meeting to follow that same evening. The timing of the project would benefit from the approval of these contracts in August. ATTACHMENTS (1) Contract 15 -059 Daley Morrow Poblete, Inc. with amendment #1 (2) Contract 15 -078 Skinner Planning and Environmental Review with amendment #2 (3) Contract 15 -084 Fehr & Peers (for traffic analysis) with amendment #1 (4) Contract 15 -107 Shiels Obletz Johnsen with amendment #1 (5) Contract 15 -127 Fehr & Peers (for parking analysis) with amendment #1 32 W12015 Info Memos\Arena Contracts Memo.doc Attachment #1 Contract 15 -059 Daley Morrow Poblete, Inc. with amendment #1 W, 34 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Daley- Morrow - Poblete, Inc. That portion of Contract No. 15 -059 between the City of Tukwila and Daley- Morrow - Poblete, Inc. is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City as authorized by the Mayor. Section 4: 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 "13-1" attached hereto, provided that the total amount of payment to the Consultant shall not exceed 50,000 without express written modification of the Agreement signed by the City. Exhibits A and B are hereby amended and restated as attached hereto as Exhibit A -1 and Exhibit B- 1. All references to Exhibit A and Exhibit B in contract 15 -059 shall be read as referring to Exhibit A -1 and Exhibit B -1, respectively. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Daley- Morrow - Poblete, Inc. Amendment #1 CONSULTANT Alex Poblete, P.E., Vice - President Page 1 of 3 99 Contract 15 -059 Exhibit A -1 Scope of Work On call civil engineering consulting services, as requested by the City of Tukwila, will include but not be limited to: • Development plan review for compliance with City code and development standards • Construction support • Attending meetings as requested • Other planning and engineering services as agreed to by the parties Any request for services not listed above shall be agreed upon by the City and the Consultant prior to performance of said services. Daley- Morrow - Poblete, Inc. Amendment #1 Page 2 of 3 36 Contract 15 -059 Exhibit B -1 Payment Payment for pre- approved on -call work will not exceed the budget list in Section 4.A without an approved amendment to the agreement. Payment will be based on invoices supporting hours worked based on the following fee schedule: 0 7WOVO.Y4IID11110OKII&I PROFESSIONAL ENGINEER $120.00 PER HOUR PROFESSIONAL LAND SURVEYOR $110.00 PER HOUR EXPERT WITNESS $200.00 PER HOUR PROJECT MANAGER $100.00 PER HOUR DESIGN ENGINEER $ 95.00 PER HOUR PLANNER $100.00 PER HOUR ENGINEERING TECHNICIAN $ 90.00 PER HOUR CADD TECHNICIAN $ 85.00 PER HOUR CADD DRAFTER $ 80.00 PER HOUR SURVEY TECHNICIAN $ 90.00 PER HOUR OFFICE SURVEY COMPUTATIONS $ 90.00 PER HOUR SECRETARIAL STAFF $ 50.00 PER HOUR 2 -MAN SURVEY CREW $130.00 PER HOUR 3 -MAN SURVEY CREW $160.00 PER HOUR DIRECT EXPENSE CHARGES INVOICED COSTS TO DMP, INC. — PLUS 15% (Long Distance Calls, Reproductions, miscellaneous materials, sub - consultants, etc.) OVER TIME — Charges at 1.5 times the hourly rate charge listed above. REPRODUCTIONS - CADD Plats $7.50 per L.F. (Mylar), plus hourly rate $6.00 per L.F. (Vellum), plus hourly rate Xerox Plans $3.00 per sheet (Paper), plus hourly rate $15.00 per sheet (Mylar), plus hourly rate COPIES - 24X36 $3.00 per page, plus hourly rate 18X24 $2.00 per page, plus hourly rate Color 8.5x11 $1.25 per page, plus hourly rate B/W 8.5x11 $ .10 per page, plus hourly rate CD's $75.00 each, plus hourly rate TRANSPORTATION EXPENSES - $0.65 Per Mile. Daley- Morrow - Poblete, Inc. Amendment #1 Page 3 of 3 37 M. 15 -059 City Of Tukwila Contract Number: Council Approval NIA • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR ON -CALL ENGINEERING SUPPORT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Daley - Morrow - Poblete, Inc., a Washington corporation, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform on -call engineering support services in connection with the project titled e5A161iyjS9r,ej N& .SvPPORQ r s vic,�s, 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending 1 z j 31h 5 , 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 t z l3 1,115-" 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 I-Z©J God 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 performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 39 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: CA revised : 1 -2013 ON 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. 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 41 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 42 Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: Public Works Department City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Daley- Morrow - Poblete, Inc. 726 Auburn Way N Auburn, WA 98002 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 CITY OF TUKWILA 1-3y'6k day of C -. 668 G[P.t,etr, SoA�, PC/5 ./c Wakkd' P ticL-- cT-OR CA revised: 1 -2013 2015 . CONSULTANT r By: Printed Name: Alex Poblete P.E. Title: Vice - President Page 5 43 ON -CALL ENGINEERING SUPPORT SERVICES EXHIBIT A & B SCOPE OF WORK On -call civil engineering consulting services, as requested by the City of Tukwila, will include, but not be limited to: • Development plan review for compliance with City code and development standards • Construction support • Attending meetings as requested • Other planning and engineering services as agreed to by the parties Any request for services not listed above shall be agreed upon by the City and the Consultant prior to performance of said services. PAYMENT Payment for pre- approved on -call work will not exceed the budget listed in Section 4.A. without an approved amendment to the agreement. Payment will be based on invoices supporting hours worked based on the following fee schedule: STANDARD FEE SCHEDULE 2015 PROFESSIONAL ENGINEER PROFESSIONAL LAND SURVEYOR EXPERT WITNESS PROJECT MANAGER .. $120.00 PER HOUR $110.00 PER HOUR $200.00 PER HOUR $100.00 PER HOUR DESIGN ENGINEER $95.00 PER HOUR PLANNER $100.00 PER HOUR ENGINEERING TECHNICIAN $90.00 PER HOUR CADD TECHNICIAN $85.00 PER HOUR CADD DRAFTER $80.00 PER HOUR SURVEY TECHNICIAN $90.00 PER HOUR OFFICE SURVEY COMPUTATIONS $90.00 PER HOUR SECRETARIAL STAFF $50.00 PER HOUR 2 -MAN SURVEY CREW $130.00 PER HOUR 3 -MAN SURVEY CREW $160.00 PER HOUR DIRECT EXPENSE CHARGES: INVOICED COSTS TO DMP, INC. — PLUS 15% (Long Distance Calls, Reproductions, miscellaneous materials, sub - consultants, etc.) OVERTIME — Charges at 1.5 times the hourly charge rate. REPRODUCTIONS - CADD Plats - $7.50 per L.F. (Mylar), plus hourly rate $6.00 per L.F. (Vellum), plus hourly rate Xerox Plans - $3.00 per Sheet (Paper), plus hourly rate $15.00 per Sheet (Mylar), plus hourly rate COPIES: 24 X 36 $3.00 per page, plus hourly rate 18 X 24 $2.00 per page, plus hourly rate color 8 %2 X 11 $1.25 per page, plus hourly rate b/w 8 % X 11 $ .10 per page, plus hourly rate CD'S $75.00 each, plus hourly rate TRANSPORTATION EXPENSES - $0.65 Per Mile. 45 EN Attachment #2 Contract 15 -078 Skinner Planning and Environmental Review with amendment #2 47 L CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and Skinner Planning and Environmental Solutions That portion of Contract No. 15 -078 between the City of Tukwila and Skinner Planning and Environmental Solutions is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City as authorized by the Mayor. Section 4: 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 -2" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $75,000 without express written modification of the Agreement signed by the City. Exhibits A and B are hereby amended and restated as attached hereto as Exhibit A -2 and Exhibit B- 2. All references to Exhibit A and Exhibit B in contract 15 -078 shall be read as referring to Exhibit A -2 and Exhibit B -2, respectively. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Skinner SEPA Contract Amendment #2 CONTRACTOR Lloyd Skinner, Principal Page 1 of 3 .• Contract 15 -078 Exhibit A -2 Scope of Work On -call consultant services as requested by the City of Tukwila including but not limited to: Regulatory review, Project level SEPA environmental analysis, and EIS document preparation and review. Payment for pre- approved on -call work will not exceed the budget listed in section 4.A without an approved amendment to this agreement. Skinner SEPA Contract Amendment #2 Page 2 of 3 50 Contract 15 -078 Exhibit B -2 Payment Payment will be based on invoices reflecting hours worked at a fully burdened rate of $175/hour. Contractor will provide an estimate of the hours required for individual tasks prior to beginning work. Skinner SEPA Contract Amendment #2 Page 3 of 3 51 52 City of Tukwila • 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 15-078 Council Approval N/A CONSULTANT AGREEMENT FOR ON -CALL SEPA SERVICES THIS AGREEMENT is entered into between the City of Tukwila, referred to as "the City ", and Skinner Planning and Environmental referred to as "the Consultant", in consideration of the mutual benefits hereinafter specified. 2. 4 Washington, hereinafter Solutions, hereinafter terms, and conditions Proiect Desiitnation. The Consultant is retained by the City to perform on -call SEPA support services on an as- needed basis. 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. Duration of Amementi Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City. 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 $10,000 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 performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. Sf 53 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: Ca revised: 1 -2013 54 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. 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 55 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. Avylicable 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 56 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: Lloyd Skinner Skinner Planning and Environmental Solutions 3 S-'G /� N '�- Ito l0 S Gana FoYesrf- Poor. WA-- ? g- /sS 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 April, 2015. CITY OF TUKWILA CONSULTANT By; Jack Poe " City o ukwila DCD Director Printed Name: Lloyd Skinner Title: ^� CA revised: 1 -2013 Page 5 57 Exhibit A Scope of Work On -call consultant services as requested by the City of Tukwila including but not limited to: • Regulatory review, • Project level SEPA environmental analysis, and • EIS document preparation and review. Payment for pre - approved on -call work will not exceed the budget listed in section 4. A without an approved amendment to this agreement. Exhibit B Payment Payment will be based on invoices reflecting hours worked at a fully burdened rate of $1 75/hour. Contractor will provide an estimate of the hours required for individual tasks prior to beginning work. CA revised : 1 -2013 W Page 6 City of Tukwila Agreement Number: 15- 078(a) y Council Approval N/A • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Skinner Planning and Environmental Solutions That portion of Contract No. 15 -078 between the City of Tukwila and Skinner Planning and Environmental Solutions is amended as follows: Section 4• 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 $35,000 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 2i i ST- day of May, 2015. CITY OF TUKWILA CA. 2012 CONTRACTOR Lloyd inner, Principal Page IofI 59 Exhibit B Payment Payment will be based on invoices reflecting hours worked at a fully burdened rate of $175 /hour. Contractor will provide an estimate of the hours required for individual tasks prior to beginning work. •1 Attachment #3 Contract 15 -084 Fehr & Peers (for traffic analysis) with amendment #1 61 62 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Fehr and Peers That portion of Contract No. 15 -084 between the City of Tukwila and Fehr & Peers is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City as authorized by the Mayor. Section 4: 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 "13 -1" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $40,000 without express written modification of the Agreement signed by the City. Exhibits A and B are hereby amended and restated as attached hereto as Exhibit A -1 and Exhibit B- 1. All references to Exhibit A and Exhibit B in contract 15 -084 shall be read as referring to Exhibit A -1 and Exhibit B -1, respectively. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Fehr & Peers Traffic Study Amendment #1 CONSULTANT Chris Breiland, Principal Page 1 of 3 63 Contract 15 -084 Exhibit A -1 Scope of Work Fehr & Peers will complete the following Scope of Work to peer review for the traffic study assumptions /results, model data, mitigation strategies, comment letters and related documents being prepared by the Northwest Arena applicants • Task 1 — Review studies, model results, mitigation strategies, etc. prepared by the applicant's consultants • Task 2 — Summaries our review and potential implications to the City of Tukwila transportation facilities • Task 3 — Provide recommended changes or submit comments directly to applicant's consultants All work performed under this agreement will be executed swiftly as we understand that time is of the essence. Fehr & Peers Traffic Study Amendment #1 Page 2 of 3 64 Contract 15 -084 Exhibit B -1 Payment Based on the scope of work in Exhibit A -1 invoices will be billed on a time and materials basis based on the following hourly rates: Principal: $240 Project Engineer/Planner: $105 -$135 Administrative: $95 Fehr & Peers Traffic Study Amendment #1 Page 3 of 3 65 City of Tukwila Contract Number: 15 -084 • 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A CONSULTANT AGREEMENT FOR ON -CALL TRAFFIC ENGINEERING SUPPORT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Fehr & Peers , hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 2 4 Proiect Designation. The Consultant is retained by the City to perform On -Call Traffic Engineering Support Services. 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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2016, 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 December 31, 2016 unless an extension of such time is granted in writing by the City. 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 $20,000 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 performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. /51- j a CI�C,16,,AJA -S 67 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: CA revised : 1 -2013 • i 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. 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 M 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 70 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: ,r PeQfs Moat qtk &L , sle WZ0 SN we cud- 9?' ts� 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 j lc day of , , 20J_5__ -T CITY OF TUKWILA --6�'A4W4-1 - Bob Giberson, Public Works Director CA revised: 1 -2013 CONSULTANT Printed Name: ap"s -&e I C'.Aa Title: R 1c nG, fGt Page 5 71 FEHRtPEERS April 2, 2015 Bob Giberson, PE Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Re: Review of Large Development Traffic Studies and Related Documents Dear Mr. Giberson: Fehr & Peers understands that Tukwila would like to have us review traffic study assumptions/results, model data, mitigation strategies, comment letters, and related documents for a proposed large development that is undergoing environmental review. Our work will be performed on a time and materials basis and our initial budget will be set at $20,000. Given the on -call nature of this work, it is difficult to define a precise scope of work, but a general outline is provided below. • Task 1 — Review studies, model results, mitigation strategies, etc. prepared by the applicant's consultants • Task 2 — Summarize our review and potential implications to City of Tukwila transportation facilities • Task 3 — Provide recommended changes or submit comments directly to applicant's consultants All work performed under this agreement will be executed swiftly, as we understand that time is of the essence. This letter serves at Exhibit A and B. as referenced in the City's Consultant Agreement. Sincerely, FEHR & PEERS 0V ` �2 Chris Breiland, PE Principal Attachments: Scope of Work, Budget 10014th Avenue, Sub 4120, Seattle WA 98154 (206) 576-4220 Fax(206)576-4225 www.fehrandpeers.com 72 Attachment #4 Contract 15 -107 Shiels Obletz Johnsen with amendment #1 73 74 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 15 -107 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is amended as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered at a rate of $270.00 per hour. The total amount to be paid shall not exceed $100,000. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing May 15, 2015, and ending December 31, 2015, unless sooner terminated under the provisions hereinafter specified unless an extension of such time is granted in writing by the City as authorized by the Mayor. Exhibit A is hereby amended and restated as attached hereto as Exhibit A -1. All references to Exhibit A in contract 15 -107 shall be read as referring to Exhibit A -1. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Shiels Obletz Johnsen, Inc. Amendment #1 CONTRACTOR Ken Johnsen, Executive Vice President Page 1 of 2 75 Contract 15 -107 Exhibit A -1 Scope of Services Shiels Obletz Johnsen, Inc. (SOJ) NW Arena Project Under the direction of the City Administrator, SOJ will provide project management services for the City's involvement on the NW Arena Project. These services will include: A. Ongoing advice to the City Administrator on how to organize City staff and consultant services. B. Manage the City's team working on the project, including: — Leading regular City team meetings — Maintaining a project schedule for City tasks — Coordinating City's outreach/communications regarding the project — Advising the City Administrator regarding the need for City team resources C. Manage communications with RLB Holdings, including regular meetings with RLB. D. Work with the City team to carry out the City's project review including: — Environmental review — Street vacation — Development agreement with RLB — Building permits E. Identify areas where work with other entities, such as King County Metro, Sound Transit, Puget Sound Energy is necessary. Develop a strategy and a work plan for carrying out that work. F. Prepare a work program outline for on -going City work on NW Arena Project. SOJ will carry out this work on a time and materials basis. SOJ employees will bill for work based on established hourly rates. Any direct costs, such as travel, will be billed at cost. Shiels Obletz Johnsen, Inc. Amendment #1 Page 2 of 2 76 City Of Tukwila Contract Number: 15 -107 • 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A CONTRACT FOR SEIkVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Shiels Obletz Johnsen, Inc. hereinafter referred to as "the Contractor," whose principal office is located at 800 Fifth Avenue, Suite 4130, Seattle WA 98104. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $35,000 at a rate of $270/hr. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing May 15, 2015, and ending December 31, 2015, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 5hiets Obletz Johnsen, Inc. 15+ of Z Q Page 1 of 5 77 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. 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. 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 Shiels Obletz Johnsen, Inc. Page 2 of 5 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. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other Shiels Obletz Johnsen, Inc. Page 3 of 5 79 proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this ay of �)-Q -92015. CITY OF TUKWILA ATTEST/AUTHENTICATED: City Clerk, Chesty O'Flaherty APPROVED AS TO FORM: ffice of the City Attorney Shiels Obletz Johnsen, Inc. :1 CONTRACTOR By: en nse n xe utive ceY nt K Address: 800 Fifth Avenue, Suite 4130 Seattle WA 98104 Page 4 of 5 Exhibit A Scope of Services Shiels Obletz Johnsen, Inc. (SOJ) NW Arena Project Under the direction of the City Administrator, SOJ will provide project management services for the City's involvement on the NW Arena Project. These services will include: A. Ongoing advice to the City Administrator on how to organize City staff and consultant services. B. Manage the City's team working on the project, including: — Leading regular City team meetings — Maintaining a project schedule for City tasks Coordinating City's outreach/communications regarding the project Advising the City Administrator regarding the need for City team resources C. Manage communications with RLB Holdings, including regular meetings with RLB. D. Work with the City team to carry out the City's project review including: — Environmental review — Street vacation — Development agreement with RLB — Building permits E. Identify areas where work with other entities, such as King County Metro, Sound Transit, Puget Sound Energy is necessary. Develop a strategy and a work plan for carrying out that work. F. Prepare a work program outline for on -going City work on NW Arena Project. SOJ will carry out this work on a time and materials basis. SOJ employees will bill for work based on established hourly rates. Any direct costs, such as travel, will be billed at cost. Shiels Obletz Johnsen, Inc. Page 5 of 5 m Attachment #5 Contract 15 -127 Fehr & Peers (for parking analysis) with amendment #1 :M CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Fehr and Peers That portion of Contract No. 15 -127 between the City of Tukwila and Fehr & Peers is amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 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 December 31, 2015 unless an extension of such time is granted in writing by the City as authorized by the Mayor. Section 4: 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 -1" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $25,000 without express written modification of the Agreement signed by the City. Exhibits A and B are hereby amended and restated as attached hereto as Exhibit A -1 and Exhibit B- 1. All references to Exhibit A and Exhibit B in contract 15 -127 shall be read as referring to Exhibit A -1 and Exhibit B -1, respectively. All other provisions of the contract shall remain in full force and effect. Dated this day of August, 2015. CITY OF TUKWILA Jim Haggerton, Mayor Fehr & Peers Parking Study Amendment #1 CONSULTANT Chris Breiland, Principal Page 1 of 3 M. Contract 15 -127 Exhibit A -1 Scope of Work Fehr & Peers will complete the following Scope of Work to peer review for the parking study results being prepared by the Northwest Arena applicants: Kick -off meeting /call with City staff Review of parking study prepared for arena — it is assumed that the applicant will analyze parking demand and develop a plan for up to three events. As part of the review we will focus on the following key assumptions: o Arrival mode split assumptions (we will consider the practical capacity of the transit network in the study area as part of this review) o Average vehicle occupancy o Parking supply locations and amount of proposed parking o Willingness to walk assumptions (how far people will walk from parking to the arena) o Potential parking shuttle arrangements (practicality of shuttles between parking supplies and the arena) o Parking impacts to neighboring businesses; mitigation strategies Memorandum summarizing our review of the parking studies including: o Major issues that may have been missed/understated in the studies and how we recommend to address these issues o Weaknesses with any assumptions o Recommendations of how to strengthen the study o Results and findings of other relevant parking studies for similar facilities /events and localized travel data to document any difference in assumptions /methodology Meeting or call with City to discuss our review Response to one round of comments on our peer review from the Project Applicants (assumed as 16 hours of staff time) As an optional task we can also attend one meeting with the Project Applicants to discuss our findings Fehr & Peers Parking Study Amendment #1 Page 2 of 3 86 Contract 15 -127 Exhibit B -1 Payment Based on the scope of work in Exhibit A -1 invoices will be billed on a time and materials basis based on the following hourly rates: Principal: $240 Project Engineer /Planner: $105 -$135 Administrative: $95 Fehr & Peers Parking Study Amendment #1 Page 3 of 3 A .. LeM Aft City of Tukwila Contract Number: 15 -127 Council Approval N/A • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR PARKING ANALYSIS SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Fehr & Peers, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Praiect Designation. The Consultant is retained by the City to perform parking analysis services in connection with the project titled NW Arena Parking Study Peer Review. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending 12/31/15, 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 12/31/15 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 $12,500.00 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 performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. I S+ I �- LIKe 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: CA revised : 1 -2013 •8 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. Page 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 91 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 92 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 bf sent to the following address: r L c5 P_Cu.4( 1,001 f1L AvT- 4 Sfe (20 '5eq WA °l'6(5k 18. Entire Agreement; %edification. 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 1�0p day of //y,/ _ , 20' CITY OF TUKWILA LIE Jack Pac , Comm ity Development Director CA revised: 1 -2013 CONSULTANT By: Printed Name: cV'�S &.� Title: ����� �A( Page 5 93 FEHRtPEERS June 8, 2015 Jack Pace Exhibit: A Director Department of Community Development City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Re: Peer Review of Northwest Arena Parking Study P15- 521 -SE Dear Mr. Pace: Fehr & Peers is pleased to submit this scope of work and budget estimate to peer review the parking study results being prepared by the Northwest Arena applicants. This scope of work would .include the following: • Kick -off meeting /call with City staff • Review of parking study prepared for arena — it is assumed that the applicant will analyze parking demand and develop a plan for up to three events. As part of the review, we will focus on the following key assumptions: • Arrival mode split assumptions (we will consider the practical capacity of the transit network in the study area as part of this review) • Average vehicle occupancy • Parking supply locations and amount of proposed parking • Willingness to walk assumptions (how far people will walk from parking to the arena) • Potential parking shuttle arrangements (practicality of shuttles between parking supplies and the arena • Parking impacts to neighboring businesses; mitigation strategies • Memorandum summarizing our review of the parking studies including: o Major issues that may have been missed /understated in the studies and how we recommend to address these issues • Weaknesses with any assumptions • Recommendations of how to strengthen the study 1001 41' Avenue, Suite 4120, Seattle WA 98154 (206) 576 -4220 Fax (206) 576 -4225 www.fehrandpeers.com IM, June 6, 2014 FEHRtPE£RS Page 2 of 2 Exhibit B o Results and findings of other relevant parking studies for similar facilities /events and localized travel data to document any differences in assumptions /methodology • Meeting or call with City to discuss our review • Response to one round of comments on our peer review from the Project Applicants (assumed as 16 hours of staff time) As an optional task, we can also attend one meeting with the Project Applicants to discuss our findings. Based on the scope of work outlined above, we recommend a budget of $12,500 to be billed on a time - and - materials basis. This budget assumption does not include the optional meeting with the project applicants. This fee is based on the following hourly billing rates: Principal: $240 Project Engineer /Planner: $105 -135 Administrative: $95 We look forward to working with you on this project. Please let me know if you have any questions. Sincerely, FEHR & PEERS Ni Chris Breiland, PE Principal 99