HomeMy WebLinkAboutCOW 2016-02-08 COMPLETE AGENDA PACKET`Tukwila City Council Agenda
• ❖ COMMITTEE OF THE WHOLE ❖
Allan Ekberg, Mayor Counci /members: • :- Dennis Robertson • :- Verna Seal
David Cline, City Administrator Kathy Hougardy • :- De'Sean Quinn
Joe Duffie, Council President • :- Kate Kruller • :- Thomas McLeod
Monday, February 8, 2016; 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. CITIZEN
At this time, you are invited to comment on items not included on this agenda
COMMENT
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3. SPECIAL ISSUES
a. An update on 'One Night Count." Rebecca Roy, Community Projects
Pg.1
Manager, and Alison Eisinger, Executive Director, with Seattle /King
County Coalition on Homelessness
b. A contract for consulting services for preliminary engineering for
Pg.11
Strander Boulevard Extension project.
c. A contract for consulting services for Cascade View "Safe Routes to
Pg.33
School," Phase II.
4. REPORTS
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
5. MISCELLANEOUS
6. ADJOURN TO SPECIAL MEETING
❖ SPECIAL MEETING ❖
1. CALL TO ORDER / ROLL CALL
2. EXECUTIVE SESSION — To consider the minimum price at which real estate will be offered for sale —
Pursuant to RCW 42.30.110(1)(c) — 30 minutes
3. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
ILTukwila Council meetings are audio /video taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic riles of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings - Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
nitials
Afeetin ,g Date
Pre ared by
1Llayor'r r uie v
Co review
02/08/16
LH
❑ Resolution
,lltg Date
❑ Ordinance
.11tg Date
❑ Bid Award
dltg Date
❑ Public Hearing
tltg Date
® Other
Rltg Date 218116
SPONSOR ® Counc-il ❑ May,or ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ W1,
SPONSOR'S Representatives from the Seattle /King County Coalition on Homelessness will present the
SUM,MRY results of the One Night Count, an annual count of homeless people, which occurred in
Tukwila on January 29, 2016. As context, staff has attached some materials on resources
available to homeless persons in Tukwila and some of the City's program funding related
to homelessness intervention. This item is for information only. No action is requested.
RI,"VIFAVE'D BY ❑ COV' Nltg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DINE: COiNfNll'l -FEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADNIIN.
CO JIi1i I1 "I'�.I?.
COST IMPACT/ FUND SOURCE
EXPENDITURE RIQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/8/16
ITEM INFORMATION
ITEM NO.
STAFF SPONSOR: LAUREL HUMPHREY
ORIGIN.ALAGEND.� D_A'rE: 02/08/16
A(;ENDA ITEM TITLI An update on the "One Night Count"
CATI. GORY F] Discus. on
dltg Date
❑ Motion
g Date
Mt
❑ Resolution
,lltg Date
❑ Ordinance
.11tg Date
❑ Bid Award
dltg Date
❑ Public Hearing
tltg Date
® Other
Rltg Date 218116
SPONSOR ® Counc-il ❑ May,or ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ W1,
SPONSOR'S Representatives from the Seattle /King County Coalition on Homelessness will present the
SUM,MRY results of the One Night Count, an annual count of homeless people, which occurred in
Tukwila on January 29, 2016. As context, staff has attached some materials on resources
available to homeless persons in Tukwila and some of the City's program funding related
to homelessness intervention. This item is for information only. No action is requested.
RI,"VIFAVE'D BY ❑ COV' Nltg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DINE: COiNfNll'l -FEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADNIIN.
CO JIi1i I1 "I'�.I?.
COST IMPACT/ FUND SOURCE
EXPENDITURE RIQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/8/16
MTG. DATE
ATTACHMENTS
02/08/16
List of resources for homeless persons in Tukwila
Memorandum to Council dated August 20, 2015 on homelessness in Tukwila
2
HOMELESS INDIVIDUAL /FAMILY RESOURCES
• Sound Mental Health PATH team — targeting homeless individuals who may also have mental
health issues. They will provide person to person outreach to individuals in the community.
Outreach workers in Tukwila: Cara Brinkley, 206 - 444 -7888, or cell 327 -0125 CaraB @smh.org.
Supervisor Craig Jacobson CraigJ @ smh.org 206- 444 -7946
• Men's homeless shelter, operating in Kent, Renton and Federal Way. Intake through Catholic
Community Services SKC Shelter services — 253 - 854 -0077
• King County Women's Winter shelter— YWCA Angeline's 2030 3rd Ave Seattle (between
Lenora and Virginia). Women register at the Women's Referral Center between 6 -9 pm daily.
After 9 pm, drop in or call 436 -8650 for space availability.
• Hospitality House — Serves single women, no children at 16003 14th Ave SW, Lake Burien
Presbyterian Church. Screenings at 206 - 242 -1860.
• REACH Center— Day shelter (some overnight shelter for families) for women and children
1055 S Grady Way — P2, 425 - 277 -7594, day shelter only 8 -5 M -F. REACH provides meals,
clothing, laundry and shower facility.
• Auburn Youth Resources — Provides outreach, case management and tangible supplies
(hygiene, etc.) to homeless youth on the TIB corridor (up to 24 yr old). Call 253 - 939 -2202 for
information.
• Youth Housinq Connection for Homeless Young Adults 18 -25 - In person appointments take
place at various agencies depending on the day and time. 206 - 328 -5796 for information.
• Family Housing Connection for homeless families living in places not meant for human
habitation — 2 -1 -1 or 1- 800 - 621 -4636. Families must be literally on the street, or in cars. Motel
stay or doubled up does not qualify.
• Tent Cities — Seattle — 206 - 399 -0412 — Call for availability -Can show up in person. Self- managed
outdoor encampments for men, women, couples & sometimes children. Locations rotate, all
campers are screened for sex - offenses.
• New Hope Health Clinic — Primary health care to all adults with no medical insurance, regardless
of income. New patients screen first -come, first - served Saturdays at 15880 Military Road S.
• Tukwila Pantry — Food `care packages' for homeless open Tues, Thurs & Sat 12:30pm -2:30 pm
3118 S. 140th St.
• Church By The Side of The Road — Free hot lunch, Tuesday at 12:00 pm. Once /twice a month
King County Medical & Dental units are in the parking lot to attend to medical /dental needs of
those experiencing homelessness. 3455 S. 148th (International Blvd.)
Tukwila Office of Human Services 1/16
3
El
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
Councilmembers
FROM:
Evie Boykan, Human Services Director
DATE:
August 20, 2015
SUBJECT:
Addressing Homelessness in Tukwila
At the September 9, 2015 meeting of the SCA Public Issues Committee, members will have an
opportunity to share efforts their cities are taking to address homelessness. SCA's goal is to raise
awareness about these efforts as well as to exchange innovative ideas and solutions with one another.
The purpose of this memo is to provide a snapshot of what homelessness looks like in our community
and how Tukwila invests resources or provides services to address the problem. While Council President
Kruller will be representing Tukwila at the PIC meeting, the Human Services team would like to
distribute this resource to all Councilmembers for their reference. If you have any questions, please
don't hesitate to contact Evie Boykan at 433 -7180.
Addressing Homelessness in Tukwila
Tukwila's eyes and ears on this issue come from multiple directions: McKinney -Vento statistics, street
outreach providers, shelter providers, service requests, and observations from the community.
Approximately 12% of our contracted human services budget is allocated to homelessness at this time.
Please note, this briefing does not include homelessness prevention activities. Below is a summary list
of current efforts.
Sound Mental Health PATH Program
This program is designed to provide outreach to homeless adults. In 2014 they served 25 individuals
with 148 case management hours for adults found in Tukwila. In the second quarter of 2015, 10
individuals were contacted with 97 hours of case management. They noted that the majority of
homeless individuals served by their program were Caucasian men between the ages of 35 -54. Sound is
located in Tukwila and staff makes individualized trips to engage the homeless population.
Auburn Youth Resources
Auburn Youth Resources provides homeless outreach to youth. In 2014, 60 youth were seen with 69
units of case management. So far in 2015, for the first 2 quarters, 217 youth in Tukwila were contacted
with 44 case management hours. Staff are located in Auburn, but travel to Tukwila to engage with
youth.
Hospitality House
Hospitality House provides short term shelter for single women. In the first two quarters of 2015,
Hospitality House served 4 individuals associated with the Tukwila community. Seventy bed nights were
provided. Hospitality House is located in Burien. Multiple area congregations support this effort.
DAWN Shelter
DAWN's confidentially located shelter provided bed nights to 6 Tukwila residents from January -June.
Note that this number reflects shelter bed nights available, not requests. Domestic violence can be an
immediate cause of homelessness for many women.
5
INFORMATIONAL MEMO
Page 2
Multi- Service Center Shelter and Transitional Housing
Located in South King County, MSC shelter served 7 Tukwila individuals in the first six months. All
referrals come through the coordinated single entry Family Housing Connection System.
Tukwila School District
330 McKinney -Vento students were identified by the Tukwila School District for the 2014/2015 school
year. Transportation costs for these students amounted to $218,314. Social workers, counselors,
District liaisons and Human Services staff work together to promote stable housing.
Riverton Park United Methodist Church
10 homeless individuals per week are estimated to contact the Church for assistance. In addition, the
evening meal program, Tuesdays Table, serves about 10 homeless people a week. These numbers do
not include the individuals /families seeking temporary shelter from the Church.
Tukwila Information and Referral Statistics
In 2014 we identified 123 homeless individuals seeking assistance. In 2015 from January —June we have
had contact with 55. Homeless individuals and families come to our office, often without notice. Some
may be living temporarily in motels, unable to access market rate housing. Single homeless men and
single women stop in for hygiene supplies, emergency food bags, clothing, and /or conversation. A
significant amount of budget goes to homeless prevention ($62,000) — keeping people stable where they
are, providing rental and utility assistance.
REACH Center of Hope — Day Shelter
REACH serves as a day center for homeless women and children offering a range of services. From
January — June of this year, 14 families representing 46 individuals were identified from Tukwila.
Tukwila Community Center and City Parks
The Community Center provides a safe and welcoming environment for homeless individuals to rest,
have coffee, or shower. Parks staff works collaboratively with other departments to ensure outreach is
made to homeless individuals observed in City parks.
King County Mobile Medical and Dental Vans
The medical van comes twice a month and the dental van once a month to the Church by the Side of the
Road, providing services to homeless individuals. A meal is also provided in collaboration with the
Church. In 2014, 34 individuals were seen for medical services and 40 patients were seen at the dental
van.
Way Back Inn
The City owns three homes that are used for 90 -day housing for homeless families and children. The
properties are rehabilitated to current code in exchange for leasing to the Way Back Inn. 13 households
were assisted in 2014.
Regional Cooperation
Tukwila staff communicate and participate with a variety of partners, both regionally and subregionally
to address the problems of homelessness. Some examples of these efforts include the Housing Action
Committee, made up of City human service representatives, Housing Development Consortium, Housing
Authorities, non - profits, and Sound Cities staff. Staff receive briefings on the various Committee to End
Homelessness activities and engage in workgroups looking at poverty issues, increasing capacity of local
non - profits and increasing faith -based participation in planning and developing solutions. Most recently
staff attended the kick -off of the Operation WelcomeOneHome initiative working to end Veteran
homelessness by December of this year.
6
INFORMATIONAL MEMO
Page 3
Recently City Managers and Human Services staff from Tukwila, Burien and SeaTac started meeting to
plan coordinated efforts. Additionally, South King County city Human Services staff are partnering with
the Housing Development Consortium of King County to fund a regional homeless and housing
coordinator.
ATTACHMENTS
2015 -2016 Human Services Funding Allocations
7
A
TUKWILA HUMAN SERVICES PROVIDERS Funding Allocations 2015 -16
** Auburn Youth Resources — Street Outreach — 253 - 939 -2202 $2,500
Provides outreach and tangible supplies (food, hygiene) to homeless youth the TIB corridor. www.aVr4kids.org
Big Brothers /Big Sisters — Showalter Mentoring Program — 206 - 763 -9060 $3,000
Matches mentors with children based on need, including income level, single parents, family involvement with the criminal justice
system.
Catholic Community Services - Emergency Services - 253 - 850 -2517 $17,000
Program may provide food /utility assistance on a one time only basis. Phone lines open Friday from 10 -12. www.ccsww.org All
Tukwila requests must be screened by Tukwila Human Services.
Child Care Resources — 206 - 329 -1011 www.childcare.org $5.000
Program provides telephone information & referral to parents looking for childcare. Training is available to licensed childcare
providers.
Children's Therapy Center — 253- 854 -5660 $6,750
This agency provides physical, occupational & speech therapy for young children with neuro - developmental disabilities.
www.ctckids.org
Crisis Clinic — 206 - 461 -3222 ($2,620) Teen Link - 206 - 461 -4922 ($1,500) Community Information Line 206 - 461 -3200/ 2-
1-1 ($1500) www.crisisclinic.org The Crisis Clinic provides a comprehensive listing of social services available in King County.
Teen Link uses supervised teen volunteers to give assistance to their peers.
Domestic Abuse Women's Network — Community Advocacy Program 425 - 656 -4305 $4,000
www.dawnonline.orq
Community Advocates provide one on one advocacy, peer support groups & youth prevention programs.
Domestic Abuse Women's Network - 24 -hour crisis line 425 - 656 -STOP (7867). www.dawnonline.org
DAWN offers a 24 hour crisis line to victims of domestic violence.
** Domestic Abuse Women's Network— Confidential Shelter 206 -622 -1881 $7,000
DAWN offers residents of Tukwila a confidential South King County shelter.
www.dawnonline.org
Emergency Feeding Program — Food Bags 206- 329 -0300 $2,000
Provides one -time food bags for emergent need. Call for distribution sites. www.emergencyfeeding.org
Global to Local — Community Health Promoters — 206 - 816 -3243 $7,000
Global to Local's team of Community Health Promoters and leaders will provide educational classes, workshops and mentorship to
immigrant and refugee residents focused on healthy and active living.
Healthpoint — Dental Care- 253 - 796 -4071 (Kent) $4,550
This program provides dental services to under or un- insured residents. Dental facilities in Auburn, Federal Way and Kent.
www.Healthpointchc.org
Healthpoint — Primary Medical Care & Natural Health — 425 - 226 -5536 (Renton) $5,000
www. Health poi ntchc.orq
Provides comprehensive primary medical care to un /under insured residents. Sliding fees available for low- income.
253 - 852 -2866 (Kent), 253 - 874 -7634 Fed Way
** Hospitality House — Women's Shelter - 206 - 242 -1860 $5,000
9 bed shelter for women in recovery (ages 19 -57). They provide food, shower & laundry facilities, case management & weekly on
site counseling. Residents can stay up to 90 days. www .hospitalitvhousesouthking.org
Institute for Family Development — PACT (Parents & Children Together) 253 - 874 -3630 $21,600
www.institutefamily.org
In -home based intervention to families at risk of CPS involvement. Focus on improving family functioning /parenting skills.
King County Bar Foundation — Housing Justice Project and Neighborhood Legal Clinics — $2,500
www.kcba.org — 206 - 267 -7090
Free legal assistance is provided to low income tenants facing eviction. Neighborhood legal clinics make legal information and
referral available to low income residents.
9
King County Sexual Assault Resource Center 425 - 226 -7273 $8,300
This agency provides crisis intervention counseling support, legal, medical information & advocacy to victims of sexual assault.
www.kcsarc.org
Literacy Source — COLET- ESL Classes — 206 - 782 -2050 www. lite racy-sou rce. o rq $15,400
Adult English as a Second Language classes held at the Tukwila Community Center, 12424 42nd Ave. S., Tukwila. For new
resettled immigrants & refugees.
Lutheran Community Services -Angle Lake Resource Center — 206 - 816 -3240 www.lcsnw.org $5,000
LCS provides broad based program including behavioral health, primary care, prevention, education and advocacy for individuals,
families and communities. They have specialized services for refugees and immigrants.
Multi Service Center — Emergency Financial Assistance Program 253 - 398 -2010 $45,000
www.multi- servicecenter.com
This program provides emergency, one -time assistance for homeless prevention (no move -in, or damage deposit help) and utility
bill assistance. All requests must initially screened by Tukwila Human Services.
** Multi- Service Center - Housing /Shelter - 253 - 854 -3437 www.multi- servicecenter.com $4,000
Shelter & transitional housing may be available to homeless families. Units are available in Kent & Federal Way.
** REACH Center of Hope — Women /Children day center — 425 - 277 -7594 $1,805
Day shelter for homeless women, women with children open 8am -5pm M -F, showers, meals, laundry, case management.
Refugee Women's Alliance (ReWA) — Family Support Program 206 - 957 -2029 www.rewa.orq $21,200
This program provides bi- cultural /bi- lingual case management, advocacy, employment & family services to refugees & immigrants.
Renton Area Youth Services — Counseling 425 - 271 -5600 www.rays.org $55,092
RAYS provides school based culturally appropriate mental health counseling & prevention /education services to children & families
in the Tukwila School District.
Renton Area Youth Services — Substance Abuse 425 -271 -5600 $31,330
This program provides a substance abuse counselor who works at Foster High School.
Senior Services of Seattle King County - Meals on Wheels — 206 - 448 -5767 www.seniorservices.org $7,079
Meals on Wheels provides home delivered meals to homebound senior citizens.
Senior Services of King County - Volunteer Transportation Program — 206 - 448 -5740 $2,048
www.seniorservices.org
Volunteer Transportation helps isolated, frail, low- income elderly who are without other transportation options to medical & other
essential medical appointments.
* *Sound Mental Health — PATH program 206 - 444 -7845 $13,000
SMH provides outreach, engagement, assessments & referral services to homeless individuals in Tukwila. www.smh.org
* *South King County Public Health Mobile Medical Van — Dental Services $2,000
Mobile medical /dental van provides a variety of medical, dental (including assistance obtaining dentures), psychiatric services to
the homeless in Tukwila. Call for van schedule.
Tukwila Pantry — Food Bank - 206 - 431 -8293 www.tukwilapantry.org $24,370
The food bank is open Tues, Thurs & Sat from 12:30 pm to 2:30 pm. Bring photo id & a current utility bill showing address.
** Way Back Inn - 206 - 682 -7382 www.way- back- inn.org $9,000
Program provides up to 3 months rent -free at transitional housing units for homeless families engaged in case management. Small
cleaning deposit required.
YWCA of Seattle King County — Domestic Violence Children's Program 425 - 226 -1266 $4,326
www.ywcaworks.org
Children's DV program delivers services to children & the non offending parent who have experienced DV. Perpetrator must be out
of the home.
YWCA of Seattle King County — Domestic Violence Community Advocate — 425 - 226 -1266 ext. 3009 $5,000
www.Vwcaworks.org
The YWCA provides community advocacy for victims of domestic violence.
* = Agencies whose sole focus is providing services to those already homeless (with the exception of the DAWN shelter)
10
COUNCIL AGENDA SYNOPSIS
Initials
Aleefiq Date
Pre aced by 9
Alayor's review
Councit review
02/08/16
BGIW
t ',
❑ Ordinance
Altg Date
02/16/16
BG
❑ Other
Ali
,g Date
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance E] Fire ❑ FT ❑ .P&R ❑ Police Z PV
SPONSOR'S This contract is to provide Early Start Work design services for the Strander Blvd Extension
SUMMARY Phase 3 Project. Strander Blvd Phase 3 includes constructing the undercrossing of the
railroad to complete the four lane roadway from West Valley Hwy to Renton. Berger Abam
was selected from the MRSC Consultant Roster as one of three top engineering firms that
are experienced in designing similar railroad grade separation projects. Council is being
asked to approve the Early Start contract with Berger Abam in the amount of $399,383.00.
RF11'11,1' V1,'I) BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 02/01/16 COMMITTL,L,' CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSM/ADIMIN. Public Works Department
COMNII-I'I'FE' Majority Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$399,383.00 $2,000,000.00 $0.00
Fund Source: 104 ARTERIAL STREETS (PAGES 28, 2015 CIP)
Comments: From November 2015 Budget Amendment
MTG. DATE
RECORD OF COUNCIL ACTION
02/08/16
I
11
STAFF SPONSOR: BOB GIBERSON
1 02/08/16
A(;I,"Nt),\ ITFAI TITLE' Strander Boulevard Extension Phase 3A - Early Start Work
Consultant Selection and Agreement with Berger Abam
C.�'I'l,"(-,olty Z Discussion
Altg Date 02108116
Z Motion
Ali
,g Date 02116116
❑ Resolution
Aftg Dale
❑ Ordinance
Altg Date
E:1 BidAward
Aftg Date
❑ Public fleafin, ,g
11tH Date
❑ Other
Ali
,g Date
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance E] Fire ❑ FT ❑ .P&R ❑ Police Z PV
SPONSOR'S This contract is to provide Early Start Work design services for the Strander Blvd Extension
SUMMARY Phase 3 Project. Strander Blvd Phase 3 includes constructing the undercrossing of the
railroad to complete the four lane roadway from West Valley Hwy to Renton. Berger Abam
was selected from the MRSC Consultant Roster as one of three top engineering firms that
are experienced in designing similar railroad grade separation projects. Council is being
asked to approve the Early Start contract with Berger Abam in the amount of $399,383.00.
RF11'11,1' V1,'I) BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte
F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 02/01/16 COMMITTL,L,' CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSM/ADIMIN. Public Works Department
COMNII-I'I'FE' Majority Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$399,383.00 $2,000,000.00 $0.00
Fund Source: 104 ARTERIAL STREETS (PAGES 28, 2015 CIP)
Comments: From November 2015 Budget Amendment
MTG. DATE
RECORD OF COUNCIL ACTION
02/08/16
02/16/16
MTG. DATE
ATTACHMENTS
02/08/16
Informational Memorandum dated 01/29/16 (revised after 2/1 TC)
Page 28, 2015 CIP
Consultant Agreement, Scope of Work, and Fee
Minutes from the Transportation Committee meeting of 02/01/16 /Memo from Chair
02/16/16
11
12
City of Tukwila Allan Ekberg, Mayor
Mayor's Office - David Cline, City Administrator
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Robin Tischmak, City Engineer
DATE: January 15, 2016 (revised after 211 TC)
SUBJECT: Strander Boulevard Extension Phase 3
Project No. 98610403
Consultant Contract, Scope of Work, and Fee
ISSUE
Execute a consultant contract with Berger Abam to provide Phase 3A Early Start Work design services
for the Strander Boulevard Extension Phase 3 Project.
BACKGROUND
The City of Renton completed Phase 1 of the Strander Blvd /SW 27th St (Oaksdale Ave to Naches Ave)
in 2008 and Phase 2 in 2014 (from Naches to the new Sounder Commuter Rail Station parking lot,
between BNSF and UPRR). Phase 3 is being led by the City of Tukwila, but we were unsuccessful in
securing TIGER grant funding for 2015 and 2016. However, Tukwila City Council has approved $2
million for preliminary design services for 2016, although we will only be contracting for the critical early
start items.
DISCUSSION
Berger Abam was selected from the MRSC Consultant Roster as one of three top engineering firms
that are experienced in designing similar railroad grade separation projects. Staff has negotiated a
consultant agreement that includes the attached scope and fee for this limited scope Phase 3A Early
Start work. Beginning this preliminary design will enhance Tukwila's competitiveness with upcoming
federal and state grant opportunities as we move forward towards construction.
A summary of anticipated funding sources include:
• Federal STP Funds (Design & ROW — request estimated $5M or more) — Call for Projects Spring
2016; Funds available 2017
• Tiger Grant (Construction only - request $20M) — Unknown future program; Anticipate
2017/2018 if authorized
• State Transportation Improvement Board (Construction only — request estimated $10M) —
Applications due late August 2016
• Federal STP Funds (Construction — request estimated $10M) — Call for Projects in 2018 or 2019
• Freight Mobility Strategic Investment Board (Construction only) - $5 M committed, last $ in
• Northwest Arena Mitigation — Dependent upon arena project moving forward - $5M committed
IltukdataA121PW Common$\PW Eng\PROJECTS�A- RW & RS Projects\Strander Extension (98610403)IPhase 11111nfo Memo Berger Abam Early Start 02 -01 -16 Revised. docx
13
Strander Blvd Phase 3
January 29, 2016
Page 2
FINANCIAL IMPACT
The negotiated firm fixed fee for Berger Abam's scope and fee outlined in Exhibit A is $399,383 for the
Early Start Work. The budget for Strander Boulevard Phase 3 is currently $2,000,000.
RECOMMENDATION
Council is being asked to approve the agreement with Berger Abam for the Phase 3A Early Start Work
design services in the amount of $399,383 for the Strander Boulevard Phase 3 Project and consider
this item at the February 8 2016 Committee of the Whole and subsequent February 16, 2016 Regular
Meeting.
Attachments: Page 28, Draft 2016 -2021 CIP
Consultant Contract, Scope of Work and Fee
\hkdata2k121PW Common$TW Eng\PROJECTS\A- RW & RS ProjectslStrander Extension (98610403)1Phase Illllnfo Memo Berger Abam Early Start 02 -01 -16 Revised.docx
14
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2016 to 2021
PROJECT: Strander Blvd Extension Phase III F )je t No. 98610403
DESCRIPTION: Design and construct arterial impro , -nt= `, r , P a� '„ 2n Strander Blvd /SW 27th St
from West Valley Highway to Oaksc IP ,vE n tt � .y nton.
JUSTIFICATION: East/west capacity between 1-4- S 180 St is needed to serve Tukwila and Renton access.
Project will be constructed in three phases. Phase I extended Stander Blvd /SW 27th St from Oaksdale Ave to
STATUS: Naches Ave SW. Phase II constructed a 2 lane roadway from Naches to the Sounder Train's Tukwila Longacres
Station's parking lot. Phase III will construct the undercrossing of the UPRR and complete the 4 lane roadway
from West Valley Highway in Tukwila to Naches Ave SW in Renton.
MAINT. IMPACT: New street.
Project partners include the City of Renton, Boeing, WSDOT, FMSIB, Sound Transit, Metro, Amtrak, and
COMMENT: BNSF and UP Railroads. Funds in 2015 -16 are for updated cost estimates and grant applications.
STP (PSRC) and TIGER grants were unsuccessful in 2014 and 2015.
FINANCIAL Through Estimated
(in $000's) 2014 2015 2016 2017 2018 2019 2020 2021 BEYOND TOTAL
EXPENSES
Tukwila's Share
1,000
Tukwila's Share
of Renton's
Phases 1 & 11
1,000
Design
41
14
1,500
3,000
4,555
Land (R/W)
104
450
1,000
1,554
Wetland Mitigation
50
500
550
Const. Mgmt.
3,750
1,050
4,800
Construction
20,500
6,700
27,200
TOTALEXPENSES1
1,145
1 14
1 2,000
1 28,750
1 7,750
1 0
1 01
01
0
1 39,659
Ft )ND SOURCES
Proposed TIGER Grant
20,000
20,000
Proposed State TIB Grant
3,000
3,000
Proposed STP Grant
2,000
2,000
Proposed FMSIB Grant
5,000
5,000
NW Arena Mitigation
3,000
2,000
5,000
City Oper. Revenue 1,145
14
2,000
750
750
0
0
0
0
4,659
TOTAL SOURCES 1,145
14
2,000
28,750
7,750
0
0
0
0
39,659
2016 - 2021 Capital Improvement Program 28 15
16
City of Tukwila Contract Number:
•� 6200 Southcenter Boulevard, Tukwila WA 98188
CONSULTANT AGREEMENT FOR
PRELIMINARY ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City ", and BergerABAM, Inc., hereinafter referred to as "the Consultant ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Phase 3A Early Start
Activivities in connection with the project titled Strander Boulevard Extension Phase 3.
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 December 31, 2017, 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 July 1, 2017, 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 $399,383.00 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.
17
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
W.
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
19
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
20
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:
Bob Fernandes
BergerABAM
1301 Fifth Avenue, Suite 1200
Seattle, WA 98101 -2677
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
CITY OF TUKWILA
Mayor, Allan Ekberg
Attest /Authenticated:
City Clerk, Christy O'Flaherty
CA revised : 1 -2013
, 2016
CONSULTANT
By:
Printed Name:
Title:
Approved as to Form:
Office of the City Attorney
Page 5
21
22
EXHIBIT- `1
6. Add UPRR general notes to the structures plans.
7. Prepare 30 percent utility concepts for conduits attached to the bridge.
8. Prepare 30 percent bridge plan sheets.
9. Update the Opinion of Probable Cost of Construction for the bridge superstructure and
temporary shoring to 30 percent.
Deliverable(s)
• Response memo to UPRR comments on bridge and shoofly concept submittals
• Thirty percent Phasing Plan — Schematic Format
• Thirty percent Phasing Narrative
• Thirty percent Bridge General Plan and Elevation (GPE) — Phase 3A Construction
• Thirty percent Bridge Typical Section — Phase 3A Construction (incl. shoring)
• Thirty percent Bridge General Plan and Elevation (GPE) — Phase 3B Construction
• Thirty percent Bridge Typical Section — Phase 3B Construction (incl. shoring)
• Preliminary shoring details (30 percent)
• Thirty percent Opinion of Probable Cost of Construction for
— Proposed Bridge
— Phase 3A track, embankment and shoring
— Phase 3B track, embankment and shoring
TASK 10.0 STRUCTURAL ENGINEERING
The CONSULTANT shall prepare 30 percent structural design of underpass retain walls and
the pedestrian bridge. The extent of retaining walls is assumed to be similar to Phase 2 based
on a two lane roadway. It is assumed the pedestrian bridge will be prefabricated steel truss
similar the trail bridge over 1801h
Deliverable(s)
• Thirty percent wall plan, elevations, and sections
• Thirty percent elevations and sections for the trail bridge
TASK 11.0 GEOTECHNICAL ENGINEERING SUPPORT
This effort is a continuation of geotechnical engineering support that began in Phase 3A. S &W
will provide design recommendations in accordance with applicable standards, including CITY,
WSDOT, and UPRR. Engineering services will include
• Develop bridge foundation recommendations. S &W would provide LRFD axial and
lateral resistances for deep foundations, or bearing and lateral resistance for shallow
foundations, if applicable. If we recommend deep foundations, we would provide
parameters for developing lateral resistance curves, but would not perform lateral resistance
analyses (e.g., LPILE).
City of Tukwila
Strander Boulevard Grade Separation Project — Phase 3
Fife, Washington Exhibit A
BergerABAM, P14.0347.00
13 January 2016
Page 38 of 43
23
• Develop retaining wall recommendations. Provide LRFD bearing resistances, static earth
pressures, and seismic earth pressures, as applicable.
Evaluate foundation, embankment, and retaining wall settlement. Evaluate settlement
using elastic and /or one - dimensional consolidation theory.
• Perform global stability analyses. Use the computer program SLOPE/W (limit equilibrium
method) to analyze the static and seismic stability of the proposed retaining walls and
shoofly embankment.
Evaluate groundwater flow rates. Update our groundwater modeling to evaluate
groundwater inflow rates into the underpass based on the new design.
• Evaluate construction considerations. Evaluate construction considerations related to site
preparation, earthwork, excavations, and temporary shoring.
• Evaluate proposed stormwater facility locations. Evaluate soil types and infiltration rates
for new stormwater facilities.
• Evaluate new outfall foundations. Evaluate foundation types and settlement of the new
outfall.
• Evaluate impacts on existing utilities. Evaluate the impacts (e.g., settlement, vibration) of
new construction on existing utilities.
Deliverable(s)
• Updated draft geotechnical report
TASK 12.0 DRAINAGE DESIGN
The CONSULTANT shall prepare a drainage report and preliminary conveyance design for the
project in sufficient detail to support the completion and approval of the environmental
documentation for the project. The drainage report will be prepared per the criteria of the
Department of Ecology Stormwater Management Manual for Western Washington (February
2005) and any additional requirements of the CITY and WSDOT. The drainage report shall
include
1. Project overview
2. Detailed project description
3. Runoff /detention calculations
4. Water quality computations
5. Stormwater conveyance calculations
6. Maintenance and operation of facilities
City of Tukwila
Strander Boulevard Grade Separation Project — Phase 3
Fife, Washington Exhibit A
24
BergerABAM, P14.0347.00
13 January 2016
Page 39 of 43
Assumptions(s)
• Groundwater seeping into the underpass will not need to be treated, but will be of a
sufficiently low volume that it will not need to be collected and treated separately from the
stormwater runoff from the roadway.
• A dissipation structure will be required where underpass water is pumped into the
detention /treatment pond.
• The CONSULTANT will develop stormwater designs in consultation with CITY staff, but
no more than two stormwater options will be investigated.
• The stormwater design process will include up to three meetings with the CITY and other
involved parties to review and discuss options being considered. One additional meeting
with the CITY will be required to review and discuss comments on the draft drainage
report.
• Once the preferred stormwater design has been agreed upon, the CONSULTANT shall
provide drainage plans and profiles, including layouts and details of any low- impact design
facilities in the 30 percent PS &E submittal.
Deliverable(s)
• Meeting minutes
• Draft and final drainage report (one electronic and two hard copy)
• Preliminary conveyance design with 30 percent PS &E submittal
TASK 13.0 PUMP STATION
This task would advance the design of the pump station sufficiently to finalize pump sizes, and
identify pump manufacturers acceptable to the CITY maintenance staff, and if possible comply
with "Buy American" provisions for this potentially federally funded project. Preliminary
layout of pump facilities and outfall will be established, the discharge route finalized, and
updated cost estimates prepared.
Deliverable(s)
• Preliminary (30 percent PS &E) design plans and cost estimates for the pump station and
groundwater discharge system included with the project submittals described in Task 14
TASK 14.0 ROADWAY DESIGN
This task involves engineering and design work required to advance the design of the
driveways, roadway, utilities, and trail to approximately 30 percent level of design in order to
finalize the geometric design and footprint of the project as required to complete the
environmental documentation for the project. The CONSULTANT shall prepare preliminary
PS &E documents for the construction of the proposed project consistent with City, state, and /or
county design standards. Plans shall be formatted to provide sufficient detail for convenient
field layout of all proposed facilities. City standard details, King County standard plans, and
WSDOT standard plans will be supplemented with project- specific details as required. The
City of Tukwila BergerABAM, P14.0347.00
Strander Boulevard Grade Separation Project — Phase 3 13 January 2016
Fife, Washington Exhibit A Page 40 of 43
25
26
EXHIBIT B: Consultant Fee Determination
City of Tukwila - Strander Avenue Grade Separation Project
DIRECT SALARY COSTS (DSC)
Personnel
Hours
Phase 3A Early Start
1/12/2016
Rate Cost
1 Principal /Project Manager
88
X
$
87.50
= $
7,700
2 Project Engineer
432
X
$
54.09
= $
23,368
3 Structural Engineer
16
X
$
54.95
= $
879
4 Civil Engineer
534
X
$
38.20
= $
20,397
5 Construction Specialist
28
X
$
57.60
= $
1,613
6 Designer/ CAD Oper
182
X
$
39.92
= $
7,266
7 Graphics
30
X
$
36.68
= $
1,100
8 Project Coor. / Admin
84
X
$
33.15
= $
2,784
Overhead (OH)
Fixed Fee (FF)
Total Hours 1,394 Subtotal Direct Salary Costs (DSC) = $
Salary Escalation (SE) = 0% of DSC = $
Subtotal (DSC + SE) = $
166.65% of (DSC + SE) = $
30.35% of (DSC + SE) = $
65,107
65,107
108,501
19,760
TOTAL SALARY COSTS (DSC + SE + OH + FF) = $ 193,369
DIRECT NONSALARY COSTS (DNSC)
Mileage Design Team 200 miles @ $ 0.560 $ 112
Expendables (photographs, equip rental, etc) 1 Estimate @ 200 $ 200
TOTAL REIMBURSABLE EXPENSES (DNSC) = $ 312
SUBTOTAL BergerABAM = $ 193,681
SUBCONSULTANTS
Fehr and Peers - Traffic
Hanson - Rail
Shannon & Wilson - Geotechnical $ 186,226
Sitts & Hill - Survey
Abeyta & Associates - ROW Services (Not Used in Phase 3A) $ -
Widener & Associates - Environmental $ 19,476
SUBTOTAL SUBCONSULTANTS = $ 205,702
EARLY START (Tasks 11, 12 & 13) _ $ 399,383
Page 1 of 4
27
W.
Transportation Committee Minutes ....................................................................................... ............................... February 1, 2016
D. Consultant Selection: Strander Boulevard Extension Phase 3
Staff is seeking Council approval of a consultant contract with Berger Abam in the amount of
$399,383 for Phase 3A Early Start Work design services for the Strander Boulevard Phase 3
Project. The City of Tukwila was unsuccessful in its pursuit of TIGER grant funding in 2015 and
2016, and preliminary design work will improve the City's chances for future federal and state
grant opportunities. The approved November budget amendment included $2 million for
design services this year, but staff is proposing funding only early design items relating to
geotechnical (groundwater) issues at this time.
Chair Robertson stated his support of this project but is concerned about funding and would
like the Cityto investigate a local improvement district (LID). He also noted thatthis item should
not be forwarded to the consent agenda due to Financial Planning Model Policy FP -5, requiring
re- evaluation of projects that do not receive grant funding. Councilmember Seal expressed
interest in learning more about LID funding of this project but because an LID involves complex
issues of timing and legal requirements, Council needs more information prior to giving that
direction. Following is a summary of the discussion on the questions provided by Chair
Robertson in advance (and included on page 108 of the packet):
1) Staff discussed the estimated timelines of the 2016 grant opportunities.
2) The Committee reviewed the 104 fund CIP list and acknowledged that Strander Blvd Phase
3 is a high priority project for the City. Staff noted that this project is a key factor in future
growth capacity for the Commercial Business District.
3) The 400K for Early Design work with Berger Abam will focus on determining the amount of
groundwater and establishing a plan for managing the groundwater.
4) Staff confirmed that the financial picture has changed since July 2015. During the last
round of budget amendments, one -time revenue was reduced by $1.6 million from the
original $2 million. Arterial street fund expenditures were also reduced.
The Committee decided to forward the consultant contract for discussion to the Committee of
the Whole, directing staff to include a written timeline of the 2016 grant seeking opportunities
described earlier in the discussion. The Committee also requested that additional details on
overall project funding, including LID, return to the Transportation Committee. MAJORITY
APPROVAL. FORWARD TO FEBRUARY 8, 2016 COMMITTEE OF THE WHOLE.
29
30
To: Transportation Committee
From: Dennis Robertson, Transportation Chair
Date: January 25, 2016
Subject: Proposed Strander Blvd. Extension Agenda Item
Issue:
Council President Duffie has made it very clear that he expects Committees to
thoroughly review agenda items prior to sending on the entire Council. Thus, I have
the following questions and issues that I believe should be discussed at the February
1, 2016 Transportation Committee meeting. I have requested that this memo be
added to the packet so that the Councilmembers and staff are aware of the
questions.
1. Financial Planning Model Policy FP -5 states that if proposed grants or mitigations
are either reduced or not funded the respective project will be re- evaluated on the
basis of its value and priority level placement in the CIP. So, the following grant and
mitigations status should be reviewed in the Committee meeting:
A. Tiger Grant $20million
B. State Transportation Improv Board $2million
C. Federal STP Grant Through PSRC $3million
D. Freight Mobility Strategic Investment Board $5million
E. Northwest Arena mitigation $5million
2. The Committee should discuss this project's priority versus other CIP projects.
3. If engineering is estimated at $5 million exactly what will the proposed $400,000
accomplish and how will that help with the desired grants and mitigations.
3. The Finance Director 7/31/15 memo stated that Strander Project's expected
increased, unplanned budget cost of $300,000 per year would come from increased
revenues and the $2 million from budgetary savings in Arterial Streeet Fund. That
was before the unplanned, unbudgeted $1.3 million reoccurring increases due to
budget overruns in the Police and Fire were identified. How do the $300,000 and $2
million fit into the new budget reality?
31
32
COUNCIL AGENDA SYNOPSIS
Meetiq Date
Prepared 6
7iew
7 reiVen,
02/08/16
B qf
F-1 Resolution
A 1tg Date
❑ Ordinance
AI(g Date
02/16/16
BG
❑ Other
Aft
,g Dale
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police Z PWI'
SPONSOR'S This contract is to provide engineering design services for the Cascade View Elementary
SUNIMARY School Safe Routes to School Phase II Project that includes a traffic circle and sidewalks.
Statement of Qualifications were requested from the MRSC Consultant Roster and three
firms were interviewed. KPG was selected as the firm that best met the requirements.
Council is being asked to approve the design contract with KPG in the amount of
$138,205.30
R I," \, I I 0%T" D BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte [--J Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 02/01/16 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SI'()NS0R/Ai),,\uN. Public Works Department
CONIM 'Y"',"]," Majority Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Fxl)l,',NDI'I'LJRI,, AMOUNT BUDGETED APPROPRIATION REQUIRED
$138,205.30 $139,000.00 $0.00
Fund Source: 103 RESIDENTIAL STREETS (PAGES 3, 2015 CIP)
Comments: Total of $838,950 in grant funding.
MTG. DATE
RECORD OF COUNCIL ACTION
02/08/16
ITEM NO.
3.C.
777,
\FFSPONSOR: BOB GIBERSON
02/08/16
A(,,I,'Nt),\ ITEM Trri,i:1 Cascade View Safe Routes to School Phase II
Consultant Selection and Agreement with KPG, Inc.
CATEGORY ❑ Discussion
Alt
,g Date 02108116
E Motion
Alt Date 02116116
F-1 Resolution
A 1tg Date
❑ Ordinance
AI(g Date
F-1 BieLIward
Altg bate
❑ Public Hearing
Alt
,g Date
❑ Other
Aft
,g Dale
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police Z PWI'
SPONSOR'S This contract is to provide engineering design services for the Cascade View Elementary
SUNIMARY School Safe Routes to School Phase II Project that includes a traffic circle and sidewalks.
Statement of Qualifications were requested from the MRSC Consultant Roster and three
firms were interviewed. KPG was selected as the firm that best met the requirements.
Council is being asked to approve the design contract with KPG in the amount of
$138,205.30
R I," \, I I 0%T" D BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte [--J Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 02/01/16 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SI'()NS0R/Ai),,\uN. Public Works Department
CONIM 'Y"',"]," Majority Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
Fxl)l,',NDI'I'LJRI,, AMOUNT BUDGETED APPROPRIATION REQUIRED
$138,205.30 $139,000.00 $0.00
Fund Source: 103 RESIDENTIAL STREETS (PAGES 3, 2015 CIP)
Comments: Total of $838,950 in grant funding.
MTG. DATE
RECORD OF COUNCIL ACTION
02/08/16
02/16/16
I
--
MTG.DATE]
ATTACHMENTS
02/08/16
Informational Memorandum dated 01/29/16
Vicinity map
Consultant Selection Scoring Matrix
Pages 3, 2015 CIP and Budge Amendment CIP sheet
Consultant Agreement, Scope of Work, and Fee
Minutes from the Transportation Committee meeting of 02/01/16
02/16/16
33
34
City of Tukwila wilt% Allan Ekberg, Mayor
Public Works Department - Bob Giberson, Director
INFORMATIONAL MEMORANDUM
TO:
Mayor Ekberg
Transportation Committee
FROM:
Bob Giberson, Public Works Director
BY:
Dave Sorensen, Project Manager
DATE:
January 29, 2016
SUBJECT:
Cascade View Safe Routes to School Phase II
Project No. 91510302
Consultant Selection and Agreement
ISSUE
Execute a contract with KPG, Inc. to provide design services for the Cascade View Safe Routes to School Phase II Project.
BACKGROUND
In September 2015, the City was awarded a federally funded grant as part of the Safe Routes to School Program that is to be
used for Cascade View Elementary School Phase II. The project will provide construction of a traffic circle at 33rd Ave S/S
1401h St and sidewalks on the east side of 33rd Ave S between S 1401h St and S 1441h St and the south side of S 140th St
between Military Rd S and 34th Ave S.
DISCUSSION
Consulting firms were selected for consideration from a review of firms listed on the MRSC Roster. Consultants who scored in
the top five of the firms reviewed from the MRSC Roster were contacted to provide a Statement of Qualifications. Three of the
five firms provided a Statement of Qualifications and were then interviewed. KPG prevailed to provide engineering design
services for the project (see attached consultant scoring matrix).
FINANCIAL IMPACT
KPG has prepared the attached contract, scope of work, and fee estimate to provide the necessary engineering services for
the Cascade View Safe Routes to School Phase II Project. As Phase II was originally funded after 2020 in the adopted 2015
CIP, the November 2015 budget amendment added $134,000 for design and $794,000 for construction with $838,950 in grant
funding. As the consultant contract is $138,205.30, additional funding will come from the construction budget.
Contract Nov. Budget Amendment
Design Budget $ 134,000.00
Construction Budget Used for Design 5,000.00
KPG Design Contract 138 205. $ 139,000.00
RECOMMENDATION
Council is being asked to approve the contract with KPG, Inc. in the amount of $138,205.30 for design of the Cascade View
Safe Routes to School Phase II Project and consider this item at the February 8, 2016 Committee of the Whole Meeting and
subsequent February 16, 2015 Regular Meeting.
attachments: Vicinity Map
Consultant Selection Scoring Matrix
Page 3, Existing 2015 CIP and Budget Amendment CIP sheet
Contract, Scope of Work and Fee Estimate
WAPW Eng \PROJECTS\A- RW & RS Projects \Safe Routes to School - Cascade View Phase II (91510302) \Design \Consultant Selection \Docs to TC \Info Memo KPG PE Consult Select 01 -29 -16 gl (2).docx
35
W
CASCADE VIEW ELEMENTARY SAFE ROUTES TO SCHOOL PHASE 2 1 City of Tukwila
.11 '2� 11
rm
�4
yp-
w
Cascade View
Elementary Safe
Routes to School PH2
Consultant
Scoring Matrix - Inter
views Monday
November 30, 2015
o`aU • °° tc° U� m
�i iON ,�. Via, of
�
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O
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50 20
Total Possible Points
15
20
10
15
20
150
KPG
15
15
15 20
10
13
20
108
1
David Evans
15
11
15 14
8
11
17
91
2
Perteet
11
14
15
15
9
11
15
90
3
Parsons Brinkerhoff
Did not submit SOQ
Paramatrix
Did not submit SOQ
These firms were rendered down from a review of firms as listed on the MRSC roster. Consultants whom scored in the top five
of the firms reviewed from the MRSC roster will be contacted to provide a statement of qualifications. Three of the five firms
contacted to provide a statement of qualifications did so. The selection out come was based solely on the in person
interviews. KPG prevailed
Reviewer Name: Combined Average Scores from three Reviewers
Ryan Larson, Robin Tischmak, Dave Sorensen
Selection Justificaiton
Date: 11/30/15
These firms were rendered down from a review of firms as listed on the MRSC roster. Consultants whom score in the top five will be contacted to provide a
statement of qualifications.The selection out come was based soley on the in person interviews. KPG prevailed
W: \PW Eng \PROJECTS\A- RW & RS Projects \Safe Routes to School - Cascade View Phase II (91510302) \Design \Consultant Selection \Docs to
0) TC \Scoring Matrix.xlsScoring Matrix.xls
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2015 to 2020
PROJECT: Cascade View Safe Routes to School Project No. 91210301
EXPENSES
Construct an off - street, paved shared use path, sidewalks, and a traffic circle at 33rd Ave S and S 140th St.
DESCRIPTION:
This route was identified in the Walking Audit prepared for the Cascade View school zone. S 140th St is one
of the high priority missing sidewalk areas prioritized as part of the Walk and Roll Plan.
Enhance safety for students walking to Cascade View Elementary School and encourage transportation choices
JUSTIFICATION:
for Cascade View neighborhood residents.
STATUS:
Phase I is construction of an off - street, paved shared use path between S 137th St and S 140th St.
30
Phase II includes a traffic circle at 33rd Ave S/S 140th St. Also includes sidewalks on the east side of 33rd Ave S
29
between S 140th St & S 144th St and the north side of S 140th St between Military Rd S and 34th Ave S.
MAINT. IMPACT:
New trail, traffic circle, and sidewalks will need to be maintained.
�.�
bar 5 I4
4 V \\ t
2
0 S-1.44. S[ of m 5
WSDOT Safe Routes to School State grant for $428K for Phase 1. Funding for Phase II in beyond will be part of a
COMMENT:
future grant application.
FINANCIAL
Through Estimated
(in $000NO
2013 2014 2015 2016 2017 2018 2019 2020 RFYnND TnTGI
EXPENSES
Project Location cation
� � iW' S ,z���
U
Phase II
Design
30
68
29
S 139
i
(.. 1 \ '➢ D @�
Er9x
�.�
bar 5 I4
4 V \\ t
2
0 S-1.44. S[ of m 5
183
310
Land (R/W)
7
63
r t r
70
Const . Mgmt.
25
10
126
161
Construction
264
85
530
879
TOTAL EXPENSES1
37
1 420
1 124
1 0
1 0
1 0
1 0
1 0
1 839
1 1,420
FUND SOURCES
Awarded Grant
30
398
428
School District Grant
Portion
29
29
Proposed Grant
750
750
Mitigation Expected
0
City Oper. Revenue
7
22
95
0
0
0
0
0
89
213
TOTAL SOURCES
37
420
124
0
0
0
0
0
839
1,420
2015 - 2020 Capital Improvement Program
M
3
Project Location cation
� � iW' S ,z���
U
n S
s �
S I
S 139
i
(.. 1 \ '➢ D @�
Er9x
�.�
bar 5 I4
4 V \\ t
2
0 S-1.44. S[ of m 5
0.
Al.. 5 t46 }.:t b �" azfg o
r t r
2015 - 2020 Capital Improvement Program
M
3
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2016 to 2021
PROJECT: Cascade View Safe Routes to School Phase II Project No. 91510302
Construct an off - street, paved shared use path, sidewalks, and a traffic circle at',' d" Acile- S and S 140th St.
DESCRIPTION: This route was identified in the Walking Audit prepared for the Cascarie \ r scl S 140th St is one
of the high priority missing sidewalk areas prioritized as part of Y e Vl aF a.. , Rall Plan.
JUSTIFICATION: Enhance safety for students walking to Cascari� Vi v� 6. 1m�..tary School and enc�ur , a sL rtation choices
for Cascade View neighborhood ,re: 'dent, N9
STATUS: Phase I completed an -ff- et, Nivi-cl shared use pith he,,', : e 1 7.,i 5t and S 140th St in 2015 (91210301).
Phase I' ".lip ac ; � 3 c circle at 33rd Avp S 140 , , �.
Also includes sidewalks on the east side of 33rd Ave S
between > 14 t St & S 144th St °' c e ,girth .,ide of S 140th St between Military Rd S and 34th Ave S.
MAINT. IMPACT: New trail, traffic c� -cle, � &- „waiks will need to be maintained.
COMMENT: Phas N; :Ol Safe Routes to School Federal grant for $839K. Mitigation of $37k from Orcas Homes.
Phase I included a WSDOT Safe Routes to School State grant for $428K.
FINANCIAL Through Estimated
(in 1000's) 2014 2015 2016 2017 2018 2019 2020 2021 BEYOND TOTAL
EXPENSES
Project Location
Phase II
Phase II
< 6128
Design
59
24
134
S 30 St Oc
N
�
217
Land (R/W)
65
3
D
.>m W E
65
Const . Mgmt.
46
43
50
90
S
A/
229
Construction
247
63
225
429
964
TOTAL EXPENSES
417
1 130
1 409
1 519
1 0
0
0
1 0
1 0
1,475
FUND SOURCES
S 139
Awarded Grant
368
29
384
455
D N 51445[
0
mm 5 5 m � ®�
1.236
School District Grant
Portion
29
m ��
S 1 6 St
29
Proposed Grant
m 5 148 St
N
m 47S
®�
S 150 St
0
Mitigation
GK,? 4D
37
o
37
City Oper. Revenue
49
72
25
27
0
0
0
0
0
173
TOTAL SOURCES
417
130
409
519
0
0
0
0
0
1,475
Draft 2016 - 2021 Capital Improvement Program 3 41
Project Location
< 6128
S 30 St Oc
N
�
3
D
.>m W E
m
D 3 589
�
S
A/
y�P
�® S
N
✓.,
ea
S 139
�
®
S1438,
D N 51445[
0
mm 5 5 m � ®�
N
m
m ��
S 1 6 St
m 5 148 St
N
m 47S
®�
S 150 St
m u
N
GK,? 4D
6 152 S
o
sae.
Gerdy
?Ney
1 ss st
hce�rsr '^
S158
,
S 160 St
Tukwila Pkwy ly
Draft 2016 - 2021 Capital Improvement Program 3 41
42
Local Agency ASE Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number:
Firm /Organization Legal Name (do not use clba's):
KPG, Inc.
Address
Federal Aid Number
753 9th Ave N, Seattle, WA 98109
Preparation and Delivery of Electronic Engineering and Other Data
UBI Number
Federal TIN or SSN Number
601 248468
91-1477622
Execution Date
Completion Date
Exhibit G
December 3l, 2016
1099 Form Required Federal Participation
❑ Yes M No F-1 Ye s ❑ No
---------- ----
Project Title
Cascade Elementary Safe Routes to School - Phase 2
Description of Work
Prepare Final Plans, Specifications, and Estimates for the Cascade View Elementary Safe Routes to School
Phase 2 Project.
F-1 Yes No DBE Participation
Total Amount Authorized: $139,205.30
❑ Yes ❑ No MBE Participation
Management Reserve Fund: $0.00
❑ ❑ Yes No WBE Participation
Yes ❑ No SBE Participation
Maximum Amount Payable: $139,205.30
Index of Exhibits
Exhibit A
Scope of'Work
Exhibit B
DBE Participation
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit F
Sub - consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
Certification Documents
Exhibit H
Liability Insurance Increase
Exhibit I
Alleged Consultant Design Error Procedures
Exhibit ,l
Consultant Claim Procedures
Agreement Number
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 411012015
Page 1 of 14
43
THIS AGREEMENT, made and entered into oyshown io the "Execution Date" box ou page one (|)o[dbis
AGR[BMENlbutwonthe[iiyo[Tubwi)u
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the ^YC(]NSlJlJ}\Nl'°
VVUER1',AS, the AGENCY desires io accomplish the work referenced io "Description of\>ork"on page one (l)
of this AGREEMENTand hereafter called the "SERVICES;" and does not have suflicient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSUITANTto provide
the necessary SERVICES; and
VVU[KEA5, the CONS U/J7\y4l'o:prese tits that they comply with the Washington State St/iu1co relating
to yon[eoeionoi registration, if applicable., and has uiguUlcd uv/U|ingncox 10 furnish consulting services 10
tbcAOF'NCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the pat-ties hercto agree as follows:
L General Description of Work
The work under this AGRFEME'NT shall consist of the above-described SERVICES as hcrein defined, and
ucccaoory to ocoonnliab the coogp|cicd work for this pro j ecL The CUy45ULl)\NTubaU huniah all services, labor,
and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
KU_ General Scope of Work
The Scope of Work and projected level of effort required for these SlKYlCPSis described iu Exhibit ^^/1" attached
hereto and hr this reference made a part o[ this /\GREFK4[Nl[ The General Scope o[ Work was developed
odhzbog perfbrnnunoe based contracting methodologies.
1lU, General Requirements
All aspects o[unordina1ion of the work of[hio AGREEMENT with Outside agencies, groups, orindividuals xboU
receive advance approval by the &G|N[Y. Necessary contacts and meetings with agencies, groups, and/or
individuals ubuU be coordinated through the AGENCY. The CONSl7lJCANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such Sio1o, [cdoxa\, Community, City, or County officials,
groups nr individuals ux may hc requested hy the AGENCY. The AGENCY will provide tile CONSULTANT
sufficient nndoc prior to meetings requiring CON SUT]}\NIpurboipatiou. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONS UUIANTand shown in Exhibit "A."
The CONSULTANT shall prepare u monthly progress report, inoform approved 6v the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail mo that the yro�Josmo[(heB|�K\/lC2S can easily bcevaluated.
The CONSULTANT, any SUb-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed tinder
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
Agi-cunmt Number:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page oof/4
Revised 411012015
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CF,R Part 26, shall he shown on the heading of this AGREEMENT. If INIF firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBF certified firm they must comply with the Commercial Useful Function (CUF) regulation
outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount
of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS perform
a minimum of 30% of the total amount of this AGREEMENT.
The CONSUIJ NT, on a monthly basis., is required to submit DBE Participation of the amounts paid to all DBE
firms invoiced for this AGREEMENT.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSUL.,TANT, must meet the requirements as outlined in Exhibit "C -
Preparation and Delivery of Electronic Fngineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSUI'IANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGRUMENT shall be made in writing and sent to the other
party by (1) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
Tfto AGENCY: If to CONSULTANT:
Name: David Sorensen Name: Nelson Davis
Agency: City of Tukwila Public Works Dept. Agency: KPG, Inc.
Address: 6300 Southcenter Boulevard Address: 753 9th Ave N
City: Tukwila State: WA Lip: 98188 City: Seattle State: WA Lip: 981119
Email: david.sorenscn(c�tukwilawa.gov Email: nelson(a)
Phone: (206) 431 -3653 Phone: (206) 267 -1052
Facsimile: Facsimile:
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGRFIMF,NT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
"The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSUL'IANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established
completion time.
Agreement Number:
Local AgencyA &E Professional Services Cost Plus Fixed Fee Consultant Agreement
Revised 411012015
Page 3of14
45
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section 11, "Scope of Work ". The CONSULTANT shall confirm to all applicable portions of 48 CFR
Part 31 (www.ccfr,gov). The estimate in support of the Cost Plus Fixed Pee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Paymcnt for all consulting services for this PROJECT' shall be on the basis of the
CONSUI;IANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non - salary costs.
Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits "D" and "F" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized Linder this
AGREE,MENh, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"I-" ", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime
and all sub - consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for
the purtnose of adjusting the ICR rate for billings received and paid during; the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: C;onsultantRates(Zwsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub - consultants shall
cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information
is received and an overhead rate for billing purposes is approved.
The AGENCY's Projcct Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to the
CONSULIANT. These charges may include, but are not limited to, the following items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub- consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs)
in accordance with WSDOT's Accounting Manual M 13 -82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of federal
Regulations (CFR) Part 31.205 -46 "Travel Costs." The billing f'or Direct Non - Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSUITANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
tinder this AGREEMENT.
Agreement Number:
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14
Revised 411012015
46
4. Fixed Fee: The Fixed Fee, which represents the CONSULIANT'S profit, is shown in attached Exhibits "D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSUI;IANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee wilt be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 oi-
1 0% of the "Total Amount Authorized as shown in the heading of this AGREEMENT The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIL1,
"Changes of' Work."
Maximum "total Amount Payable: The Maximum "I'otal Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREFMENT. The Maximum Total Amount Payable is comprised of the "Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section X111, "Changes of Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billing's will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non - Salary, and ailowahte ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that Such
final audit reveals an overpayment to the CONSUI.;TANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Areement Nuniher:
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14
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47
1). Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years alter receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGRHFMF,NT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager.
VI. Sub - Contracting
"The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CON SL11;fANT shall not subcontract for the performance of any SERVICE under this AGREF,MFNT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub - consultant, any contract or any other relationship.
Compensation for this sub - consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub- consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub - consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions " herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub- eclnstdtant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub- consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub - recipient, or sub- consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGRI3EMEN'T. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CON SUIXANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Agreement Number:
__._..._._. __._ ------- _.__.._.____ _____..._ _.._._._.______.___,,.______ - ------
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48
Compensation Act on behalf of said employees or other persons while sn engaged., and any and all claims made
by a third Party as a consequence ofany act or ornission on the part ofthe CONSLJLTANT*s employees or other
persons while so engaged on any of'the work or services provided to be rendercd herein, shall be the sole obligation
and responsibility ofthe CONSI)FIANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any pro6:yaioou or technical personnel who are, or have been, at any time during the period of this
/\{}}<EBMEM|l[ in the employ o[iho United 5<o\oe [}cyoilruroto["|innspur1a{ionnr the AGENCY, except regularly
retired employees, without written consent of the public eniployer ol'such person it'he/she will be -working on this
AGKE[MENT±br the CONSULTANT.
ViUU' Nondiscrimination
During the ce of1hiu/\GREEM[N]', ibc CONSULTANT, for itself, its assignees, sub-consultants,
suboon tractors and xuoccnsnm in iutun:sL agrees tn comply with the following laws and regulations:
^ ]lileY]ofUxe Civil Rights Act of' |9h4
(421 ).6l. Chapter 21 8uhuhaptcrl/82OOOd
through 20OOd-4a)
^ Pudora|-uid Highway Act oFl973
(23 U.S.C. Chapter 8 324)
• Civil Rights Restoration Act o[\987
(Public Law |U0-25Y)
• American with Disabilities Act "flg9O
(42 U.S.C. Chapter l268]2]0| oi xcy
^ 23CFDPm1200
• Rehabilitation Act o[)973
^ 49[FR Part 2l
(29 1-J.S.C. Chapter |��ohcbuptcrY 0 7V4)
� � ~ ' ^ 49CFKPod26
• Age Discrimination Act of|975
, R{V/4960.)80
Iu relation 1oTiUoY1o[ the Civil Rights Act o[l964 the CONSULTANT ia bound bv the provisions ofExbibd^1r^
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "17" in
ov:pr� sub'cms1ozuL including pro:urenuen1o[ooa1cria|aar2 o[oqoiprucn(, uu)cmaezcnzp1hv the Regulation,-,
or directives issued pursuant thereto.
IX. Termination of Agreement
The right im reserved b«the AGENCY to terminate this AGRE8MENTo| any time with m without cause upon ten
(lO) days written notice to the CONSULTANT.
lo the event this AGREEMENT ioterminated by the AGENCY, other than for default on the part ofthe
CONSTllJ[�N'Laboolyoyrucot shall hcozudoto the C()MSD|�|7\Y�T for actual hours charged and onyuppropdo10
fixed fee pcnccntygeu1 the time o[\orouiuub000fUhia AGREEMENT, plus any direct non-salary costs incurred opto
the time of termination oF this AGREEMENT.
No payment shall bemade for any SERVICES completed after ten (\0 days following receipt by the
C()NSU[1)\NTo[{bo notice to Lczcoiouio. If the accumulated payment made to the C()NSULlANI prior ioNotice
of Termination exceeds the koo| amount that Would be due when computed as ec1 forth in paragraph two (2) of this
section, then no final payment shall be due and the CONS U I.TANT shall immediately reimburse the AGENCY for
any excess paid.
Tf the services n[thm CONSULTANT are terminated bw the AGENCY for default mn the part of the CONS OlJANl
the above formula for payment shall not apply.
|n the event u[u termination for default, the amount tobe paid io the CONSULTANT shall ho determined hvthe
AGENCY with consideration given to the actual costs incurred by the CONS tJ LTANTin performing SERVICES
to the date of termination, the amount n[SERVICES originally required which was aobs[ou1ud)y completed to
Aoocmcn/Numhcc
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7of/4
Rovisod,411012015
du(oo[1u/uiou|iuu, whether that SED\/lCD is in [onn orotype which ix usable io the AGENCY cK the time of'
termination, the cost io the AGENCY nfocny|oying another firm incon`p}ctc the SERVICES required and the
thrie which may be required to do so, and other factors which alTect the value to the AGENCY of the SERVICES
performed o1 the time oftcunioa1iou. Under no circumstances shall payrnent made under this subsection exceed the
arriOUnt, which would have been made using the forri-itila set forth in paragraph two (2) of this section.
D[h is determined for any reason that the L%)NSUL|ANlv/an not in dufixdtor that the [()N8DlJ[ANT's failure to
perform ienidhout[hcC(}NSLJIJAN'[`oori\scnuployoc`ufhuknroegUgcooc,1hctenninodnnobuUbodoen>od|o
bca termination fbr the convenience of1heAGENCY. lo such uo event, the CONS lJlJ}\NT would hcreimbursed
b/ruc1um|coa|000duppropriu1ofixod!ecperucuiugoioucoonjanccqiUhtbeturmiocdioofhruLbcrUzoodc(bok
clauses listed previously.
The (%)N8D[JANTshuU, within l5 days, notify the AGENCY iuvuibo�,iu the event of the death o[onIn^onbc�
partner, or officer of the CONSUIXANT or the death or change ofany ofthe CONSULTANT's supervisory and/or
other key personnel assigned tothe project or disaffiliation ofany principally involved CONSULTANT employee.
The CON SUIJANTshall also notify the AGENCY, in writing, in the event of the sale or transfer ol'50% or
more nfdhu beneficial ownership of the C[)N8O)]}\Nlvvithin |5 days uf Such sale orbuns|7erocounin&. The
CONSULTANT shall continue to be obligated to complete the SERVICES Linder the terms of this AGREEMENT
uo|eox the AGENCY chooses 10 Lconinu10 this /\GBiE£M[NI for convenience or cbonaca 10 rcuc�o1ia{c any term(s)
of this AORF}-'M6NT. If termination for convcniLnce. Occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs ofthis section.
Payment for any part oFthe SERVICES by the AGENCY shall not constitute o waiver bythe AGENCY of'
any remedies of any type it may have against the CONSULTANT for any breach of this AGREFMFNTby the
CON5UL]AN1[ or for failure o[ibo [UN8UL[ANTtoperjbom SERVICES required o[i<by the AGENCY.
Forbcoroucon[uuy rights under the A(}KEFMENTvvU\ not constitute waiver o[un1iUccncn(1oexercise those rights
with respect to my ftiture act or ornission by the CONSULTANT.
X. Changes of Work
The C(]NSUl]y\NTxbu| make such changes and revisions iu the completed work o[ this /\OREEMENIuy
necessary to correct errors appearing therein, without additional compensation thereof'. Should the AGENCY find
it desirable for its own purposes tuhave previously satisfactorily completed SERVICES or parts thercol'changed or
revised, the CONS U[lANT shall make Such revisions uo directed by the AGENCY. This work shall heconsidered
as £xbu \A7ork and will be paid for us herein provided under section }{U( ^^Exbu Work."
XU. Disputes
Any disputed issue not resolved puroouu1 10 the terms o[ this AGREEMENT shall be submitted in writing within
\0 days 10 the Director of Public Works o/ AGENCY Engineer, whose decision io the matter shall bo final and
binding on the parties of this AGREFMENT-, provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision sbn|| be nu�jcc|1u judicial review. If the
parties to this AGREEMENT Mutually agree, disputes concerning alleged design errors will be conducted Undcr
the procedures found iu Exhibit ^1" In the event that either party dccrn it necessary to institute legal action or
proceeding, to enforce any right or obligation under tbia/\(}RE8K46Nl'` this action abaU be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
aorce that all questions shall be resolved by application of Washington law and that the parties have the right or
appeal fron-i such decisions of the Superior Court in accordance with the laws of the State ofWashington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
LocalAgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8of 14
Revised 411012015
XU[ Legal Relations
]l�C0l�3ULl7\0lLuo} oub'000aukao�,uoJd�c/\{�EY�(.Ynhu||oon/p|yv/iUbu|lFederuLStu�,undloca|)uws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed tinder this
/\(]KE[MBNT. This AGREEMENT ohu|| be interpreted and construed in accordance with the |uvs of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STA`l'F) and the AGENCY and
their officers and employees harmless brocu all claims, demands, ozsuits u1 law ocequity arising M whole oriopart
from the negligence of, or the breach of any obligation Under this AGREEMENTby, the CONSULTANT or the
CONS ULI A NT's agents., employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
Jorvvbom the [UNSUL])\Nl'roay be legally liable; provided that nothing herein obo|| require CONSULTANT
10 defend or indemnify the STATE and the AGENCYand their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and ernployces frorn claims. demands or Suits based solely upon
the negligence of, or breach of any obligation wider this AGREEMENT by the STAfE and the AGENCY, their
agents.. officers, employees, sub-consultatits, Subcontractors or vendors, of any tier,, or any other persons for whom
the SIAJ'E and/or the AGENCY may be legally |iob|c� and provided further that i[ the claims or suits are caused
byoz result >ior) the Concurrent negligence o[(u) the CONS \/[])\NTur the CON8T)|J)\NT`s agents, employees,
aob'coosukuo1o,mobconiroc1orooxvendno,ufuoy{icr,oronyotborpemonmthrvvbo/uibcCOl1SUL]ANIio]o,)n||v
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-COnStIltants, Subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforccable only to the extent ofthe CONSULTANTs ricgligence or
the negligence of the CONSULTANT's agents, employees., sub-consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSD[U\NTroayhe legally liable. This provision shall bo included ivany
AGREEMENT between CONSUIIANT and any sub-consultant, subco n tractor and vendor, ofany tier.
The CONSUl]ANTsbu|| also dofend, iodoonniF' and hold the Sl/\|� and the &GE��C}'and their officers
and ornp\oyccahuroolcxu�nnn all claims., demands, or Suits u< law or equity arising iuwhole u,io part from ihc
alleged pateni or copyright infringement or ollher allegedly improper appropriation or use of trade secrets, patents,
proprietary io[hrrno1iwn, know-how, copyright rights or inventions by the C()NSD|]}\NImrtbc C[)yJSlJ[]7\NT`y
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons lor whom the
C[)NSlTl])\NTnouyhc legally liable, in performance o[ the Work under this AGREEMENT orariuiog Out o[uoy
use in connection with the AGREEMENT uf methods. processes, designs, information uc other itcrua furnished oc
coronouoiuu(cdtuSl7([800d/orTbcACEy4CY,tbcirngcuts.o8looraundonnp)oycenpursoanttotboA(]BEEMKNT;
provided that this indemnity shall not apply to any alleged patent orcopyright infringement or other allegedly
improper appropriation or use oftrade acorc{o, patents, proprietary iuD)cooa|ioo, know-how, copyright rights or
inventions resulting frorn STNIV and/or AGENCY's, their agents'. officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents. ofticers and
employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of an), tier, or
any other persons for whom the CONSULTANT may he |cgu\\y liable.
The CONSULTANT's relation to the AGENCY shall be at all times as in independent contractor.
Notwithstanding any Jc\oruiou{ino by the Executive Ethics Board or other tribunal., the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT ifi| is [bond after doe notice and
examination by the AGENCY that there is u violation o[ihe Ethics in Public Service Act, Chapter 42.52 FlCY/; or
any similar stuVAc involving the CONSULTANT in the procurement of, or performance under, thisAGRFEM6NT.
The CONSULTANT specifically uosonncyputuutio! liability for actions brought by the C()NSOLlANT`sovvn
employees or its agents against the STXFF and /or the AGENCY and, solely for the Purpose o[ this indemnification
and defense, the CONSTJDANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW This waiver has been mutually oogntiu|cd between the PunLirx.
Agn^montNumhcc
Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9ur/4
Revised 411012015
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shat] assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in fierce during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the S"IAFF.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimwn
limits of one million dollars (S 1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "Als "), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non - contributory and
any coverage maintained by the Als shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSUI;IANT's and the sub- consultant's and /or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
A] I insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: David Sorensen
Agency: City of Tukwila Public Works Dept.
Address: 6300 SOUthcenter Blvd
City: Tukwila State: WA Zip: 98188
Email: david.sorensen(u7tukwilawa.gov
Phone: (206) 431 -3653
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONS[II;IANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "'Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of'
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreeinent NUMber:
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14
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52
The parties enter into this /\(Hll EMFNT6»rLhoxo|ehonc6(o[dxe parties, and k` the exclusion o[ any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANThas
fully complied with this section. This remedy is not exclusive.- and the AGENCY may take such other action as is
available to it Linder other provisions o[ this AGREEMENT, or otherwise in law.
X111. Extra Work
A. The AGENCY may at any time, by written order, make changes within the gencral scope o[thisAGRF[M|NT
in the SERVICES 1obeperformed.
B. If any Such change causes an increase or decrease in the cstiniated cost of' or the time required for, performance
ofuoypudo[1hoSEKVlC[SnndcrUbisAGDEEMEN][whcUherorno1ohungcdhy1beuo3ecnrod/erwimc
affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable ad�justmcnt
in 1bc: (l) nooxinounu amount payable; (Z) delivery or completion schedule, or both; and (3) other affected 1crnus
and shall nnodi;« this /\[}KE2MFI4Iucuoodingly.
C. The C()�]SD|]}\y�Tnouo1xubnnit any ^`requcstfor equitable »dius|rnonL`hcroNDocru|e�ed[muu^`(�L/\[M,"
Linder this clause within thirty (30) days from the date of receipt of the written order. f|onevcr,i[ the AGENCY
decides that the facts justify d, the AGENCY may receive and act opuo u CI./\|M submitted bofbnc fiuu|
payment o[ this AGREEMENT.
D. Failure to agree to any u'6uut/ncni nbo|i be udimpote Linder the Section XI ^^[)iaputca" uloouc. 8ovvcvcc, ooibiug,
in this clause shall excuse the CONSULTANT'from proceeding with the AGREEMENTas changed.
[. Notwithstanding the terms and conditions o[ paragraphs (z1.) and (B.) above, the maximum arnouu( payable for
this AGREEMENT, shall not be increased or considered to be increased except by apcclfio xriUco supplement
to this AGREEMENT,
XIV' Endorsement of Plans
lfapplicable, the CONSULTANT shall place their endorsement on all p|uua, estimates, or any other coginccrincg
data furnished bvthem.
XV. Federal Review
The Federal Tibvuy\doiu�struiiou ahu|| have ib� right to participate in the review or ofd�c A
8lIRl/lCE3 in progress.
XVA_ Certification of the Consultant and the Agency
Attached hereto as Exhibit **G-I (a and b)" are the Certifications of the CONSULIANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit ^^[}-4" Certificate wf Current Cost or Pricing Data. Exhibit ^^(f-3" is required only iuAOREEN/1ENT`x
over one hundred thousand dollars ($|00J0O.O0and Exhibit "G4"in required only ioAGKEENIBNT"oover
five hundred thousand dollars ($5O0,000.00] These Exhibits must bm executed hy the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
[{cquirozucu{a" priorio its performance ofuuI SERVICES under this AGREEMENT.
Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement page 11 of14
nu"isud 411012015
XVIy. Complete Agreement
This document and ref'crenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent. or representative of either party has authority to make,, and the parties shall not be bound hvor
be liable fh�any statement, ucprcmeu1u(ion, promise or agreement not set forth herein. No changes, amendments, or
modifications ofthe terms hereofshall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIkl. Execution and Acceptance
This AGREEMEXI'may be SiMUltancousJy executed in several COUnterpartS, each of'which shall be deerned
no be on original having identical |cuuloQcc\. The CONSULTANT does hereby ratify and adopt all skUozucn1a`
representations. ,varrantics. covenants, and AGRFFN4EN'I'^s contained in the proposal, and the SUppOrtiffi) material
submitted by the CONSULTANT. and does hereby accept this AGRET'WNTand acyrees to all ofthe terms and
conditions thereof.
X|X. Protection of Confidential Information
The CONSUUIANT acknowledoes that sonic of the material and information that may corne into its possession
or knowledce in connection with this AGRF'I,'.MENT or its performance may consist of information that is exempt
brnnu disclosure 10 the public or other unauthorized persons under either chapter 42.56 KCW or other local, :1u1c
or federal statutes ("State's Confidential ]nfbrrnu1ion"). The "State's Confidential Info oou1ioo``includea, but is
not limited to, names, addresses, Social Security numbers, u-nna | addresses, telephone numbers, fivaociu| profiles,
urcditcurdink`oua1ino,dbvcr`aUccnseoumbrm,roedico|duta,|ovvcnforccnocn|reoordo(orunyoUxzinfxmution
identifiable to an individual), STATE and AGENCY source code or object code., Sl)\IE nodA(3[M."Y security
data, non-public Specifications, STAFE and AGENCY non-publicly available data, proprietary softlXare, State
oucurity data, or information which may jeopardize any part o[ the project ibo1rolutcotounyo[Uzcsrb/pcsof
in[hrcou1ion. The C()NSULl)\NTmgrocs to hold the Stu<c`n Confidential lo[ocouu{imn in u1,inioui confidence
and not to make use of the State's Confidential hil'ormation for any purpose other than the performance of this
/\UKEEMBNl', |o release h only in authorized employees, sub-consultants or subcontractors requiring such
information k)r1he purposes n[ carrying Out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, dimo|oxc, or oihorvviuo make it known to any other party without the /\(}ENCY`m express v/rii1cn consent
or as provided by law. The CONSULTANT agrees to release suoh in[brruu1ioo or material only 1u nrny|oycou,
sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by Uhc/\GUINC,L The CONSUL|7\NTag,eca1n implement physical, electronic, and
managerial safeguards |o prevent unauthorized access tmthe State's Confidential Information.
/cococdiaic|y upon expiration or termination o[ this /\OKE6M[NT, the C()N5[]UANTshaD, at 1beAGENC\'`n
option: 0) certify to the AGENCY that the CONSUIXANThas destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other
steps the AGENCY requires of the CONS 0|ly\NT10 protect the State's Coobdonbo| 1nfbrnno1ion.
As required uuderBxcou1ivc Order 00-03,the C0NSUL[)\NTohu(| maintain u log documenting the [b||ovviug:
the State's Confidential Information received io the perfbrouaoucof this AGREEMENT; the purpnee(x) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition ofthe State"s Confidential Information, The C{}Y4SULJy\NT`u records shall
be subject to inspection, review. or audit upon reasonable notice from the A(}ENCl[
The AGENCY reserves the right <o monitor, audit, nc investigate the use of the S(ute'sConfidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing. or
investigating may include, but is not limited to, salting databases.
A-mo cmeumber
Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14
Rrvisea411umols
Violation of this section by the CONSULTANT or its sub - consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and /or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and /or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and /or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and /or confidential information'" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub - consultant of any AGENCY communication regarding disclosure that
may include a sub - consultant's proprietary and /or confidential information. The CONSULTANT notification to the
sub - consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub - consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSUVIANf and /or sub - consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub - consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSUFFANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSIJUFANT shall
cooperate with AGENCY and assist in the production Of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ( "ESI "), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks. logbooks, invoices, accounting records.
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number:
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14
Revised 411012015
55
tabulations.. computations, summaries, inventories, and writings regarding, conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description-, every copy of the foregoing whether or not the original is in the possession, custody. or control ofthe
CONSULIANT. and every copy of any of the foregoing, whether or not such copy is a copy identical to an orioillal,
or whether or not such copy contains any commentary or notation whatsoever that does not appear Oil the original.
Fo/yurpoocuofdbix}\GKEEM6N][`l23[`oucunaauyaodu||cncupnterdutaorckxckoniureuunJudmudiunfuuy
kind, including "Native Pi|cx", that are stored in any oncdiunn Dncovvbiuh it can hu retrieved and examined, either
directly or after translation into a reasonably ooenb|c form. FSl may Include information and/or documentation
stored io various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, Pop/ dpoio1,/\dobe
Acrobat, SQI, databases, or any other software or electronic communication programs or databases that the
C0NSl]|]}\NT may use in the per[hunuuoc of its operations. ESI may be |oou1cd on nctvvnck servers, backup
tapes, smart phones, thumb drives, CDa,D\/0*`floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including ally
personal devices used by the C0N8Ul])\NTu/ any sub-consultant o\homc.
"Native files" are u Subset ufE8| and refer to the electronic [ouno1of the application in which Such F81 is normally
created, viewed, and /or modified.
The CON SUL]7\ND-shall include this sochooX}( "Records Muinkenuuuc" in every Subcontract it enters into in
rc|odno to this AGREEMENT and bind the yub-uooxoliunt 10 its 1cnno, unless expressly umecd 10 otherwise in
writing hn the AGENCY prior Lo the execution of Such subcontract.
In v/ibncya p/bcren[ the parties hereto have uzeuu(ed dzis/\GKEEM2ND-au o[ibc day and year shown in the
"Execution Date" box on page one (l) uF this AGREEMENT.
Signature V, p"\ Date
Signature
Date
Any kv7 or of�izA{�R8/I�b��7/Au/ rryu�r ov/o/) /n/6n/hc()/ ce
of the A llw-ncy General.
Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page Y4of/4
nwvsea4ou12o1s
EXHIBIT A
City of Tukwila
Cascade View Elementary
Safe Routes to School Project - Phase 2
KPG
Scope of Work
January 14, 2016
PURPOSE:
This project includes preparation of final Plans, Specifications and Estimates for the
Cascade View Elementary Safe Routes to School Project - Phase 2 Project. Project
elements include:
• Concrete sidewalks are proposed on the east side of 33rd Ave S (S 140th St to S
144th St) and on the south side of S. 140th St (Military Road South to 34th Ave S)
along with a standard curb and gutter separating the sidewalk from the roadway.
• A traffic circle is proposed at the intersection of 33rd Ave S and S 140th St to assist
in reducing vehicle speeds and increase visibility and safety of pedestrians crossing
the street.
• Curb bulb -outs and /or pedestrian refuge islands at the east entrance /exit to the
traffic circle would be constructed to improve the safety of crossing S 140th St at
33rd Ave S. There are currently no ADA facilities to connect to within the project
limits.
Work includes necessary base mapping, design and franchise utility coordination. The City
has obtained the necessary exemptions and approvals for SEPA and NEPA requirements
in advance of project design. No additional permits are anticipated.
SCOPE OF WORK:
Task 1 Project Management /Coordination /Administration.
1.1 Provide project management administrative services including:
♦ Project set -up and execute agreement
♦ Execution of subconsultant agreements
♦ Preparation of monthly progress reports and invoices
♦ Record keeping and project closeout
1.2 Provide overall project management including:
♦ Project staff management and coordination
♦ Subconsultant management and coordination
♦ Prepare and update project schedule
♦ Schedule and budget monitoring
City of Tukwila Page 1 of 6 KPG
CV' SRTS Phase 2 111412016
57
1.3 Coordinate with City staff, including preparation and attendance of up to 6
coordination meetings throughout the duration of the project.
1.4 Provide QA / QC reviews by senior staff of all major deliverables prior to submittal to
the City.
Deliverables
♦ Project Schedule and necessary updates
♦ Monthly progress reports and invoicing
♦ Meeting agendas and minutes including a summary of decisions made /
needed resulting from design coordination meetings.
Task 2 Survey and Base Mapping.
Limits of survey: 33rd Avenue S (Approximately 50 feet wide plus additional at driveways
and side streets on east side) from the south side of S 144th Street to the north side of S
140th Street and S 140th Street from Military Road to 34th Avenue S.
2.1 Establish horizontal and vertical control points along the corridor for field
topographic survey. Basis of control will be City of Tukwila Datum. The
CONSULTANT will locate, field survey, and calculate positions for all monuments
and control points throughout the project limits, using the Washington State plane
coordinate system. Conventional or GPS surveying methods will be used on this
project. Monuments or corners to be located and field surveyed include the
following:
• Section Corners
• Side street monuments
• Property Corners
2.2 Field Survey and Note Reduction. Perform note reduction of the field survey data.
2.3 Mapping work to prepare 1 " =20' topographic base map and digital terrain model
(DTM) in AutoCAD format of the project within the limits described above.
2.4 The Consultant will retain the services of a firm to field locate and paint all utility
locations within the project corridor so that they can be surveyed and incorporated
into the base maps. Service line locations and gravity storm and sewer will not be
field located. Perform field survey to locate paint marks including surface features
(valves, manholes, catch basins, junction boxes, vaults, etc). Irrigation systems will
not be included.
2.5 Perform observation and measure -downs of existing storm drain catch basins and
manholes. The approximate size, type (brick, concrete), and general condition of the
structures to confirm suitability for continued use, and approximate size and location
of storm drainage pipes will be documented. These observations will be made from
the surface.
City of Tukwila
CV SRTS Phase 2
Page 2of6
KPG
1/14%2010
2.6 The Consultant shall survey the utility potholes performed by franchise utilities
and /or subconsultant.
Deliverables
♦ Electronic copies of the completed field topographic base map in PDF and
AutoCAD.
Task 3 Right of Way Calculations
Perform the following work items necessary to establish the existing right -of -way (ROW)
along the corridor based on publicly available information. Title research or property rights
acquisition is not anticipated or included in the project budget.
11 Research Records. Determine which existing corners and monuments should be
field located and surveyed.
3.2 Calculations for ROW lines. Using the research information and the survey work
described above, calculate location and surveyed corners, roadway features and
monuments. Incorporate existing right of way into project base maps.
Deliverables:
♦ Right of way information will be incorporated into the project base maps.
Task 4 Public Outreach
4.1 Prepare flyer describing project. Mailing and postage will be provided by the City.
4.2 Prepare for and attend one (1) community open house meeting. Mailing meeting
notices and room arrangements will be provided by the City.
Deliverables
♦ Camera -ready mailings and flyers.
♦ Open house meeting graphics
♦ Summary Notes from open house meetings.
Task 5 Stormwater Preliminary Design and Alternatives Analysis
The Consultant shall prepare preliminary engineering of stormwater management and
conveyance facilities required for the project. Preliminary engineering will include the
following sub - tasks:
5.1 Compile and review existing stormwater data, including GIS data, record drawings,
and previous storm drainage reports for projects in the vicinity of the proposed
roadway improvements.
5.2 Analyze all applicable Core and Special Requirements of the KCSWDM to
City of Tukwila Page 3 of 6 KPG
CV SRTS Phase 2 .111412016
W
determine stormwater management requirements that will apply to the project.
5.3 Identify potential alternatives for meeting stormwater management requirements of
the KCSWDM, and a full retrofit of the roadway for water quality treatment. Perform
preliminary calculations for sizing alternatives facilities and prepare conceptual
drawings to illustrate each alternative.
5.4 Perform alternatives evaluation, consisting of planning -level cost estimates and
evaluation of advantages and disadvantages for each alternative for use in
alternative selection by the City,
5.5 Prepare and submit a brief technical memo to document the preliminary stormwater
design activities performed in the above subtasks. Upon approval by the City, the
final stormwater elements will be documented in the TIR during final design.
Deliverables
o Conceptual Drawings to illustrate each stormwater alternative., 1 electronic file
in PDF format
o Draft Stormwater Design Report, 2 bound copies of report and 1 electronic file
in PDF format
♦ Final Stormwater Design Report, 2 bound copies of report and 1 electronic copy
in PDF format
Assumptions
♦ The storm drainage design will be in accordance with the standards of the City
of Tukwila Municipal Code (14.30.060), including the 2009 King County Surface
Water Design Manual (KCSWDM) and the City's 2010 Infrastructure Design
and Construction Standards.
♦ The King County Runoff Time Series (KCRTS) will be used for hydrologic
modeling and design of stormwater management facilities.
Task 6 Final Plans, Specifications and Estimates
The Consultant shall prepare Final Plans, Specifications and Estimates for advertisement
and award by the City. Plans shall be formatted to provide sufficient detail for convenient
field layout of all proposed facilities. City standard details and WSDOT standard plans will
be supplemented with project specific details as required. Final bid documents will be
signed by a licensed professional engineer in the State of Washington.
6.1 Prepare draft Technical Information Report in accordance with City stormwater
requirements to include additional water quality facilities approved in task 4.
6.2 The Consultant shall prepare 30% Plans and Estimate for City review and comment.
City of Tukwila Page 4 of 6 KPG
CV SRTS Phase 2 111412016
•1
Plans will contain a roadway profile and sufficient plan view information to allow
verification of scope by City departments prior to final design.
6.3 The Consultant shall address City comments and finalize TIR.
6.4 The Consultant shall incorporate City comments and prepare 90% Plans,
Specifications, and Estimate for City review and comment. Specifications will be
based on WSDOT /APWA and City Standards.
6.5 Prepare contract specifications for the 90% and Bid submittals based on
WSDOT /APWA standards (English), grant funding requirements, and applicable
LAG standards.
6.6 Perform 30 %, 60 %, 90% and Bid Document quantity take -offs and opinion of costs.
6.7 The Consultant shall incorporate comments and finalize bid documents. Bid
documents will be uploaded to bxwa.com for advertisement by the City. It is
anticipated that final plans will include the following sheets. Sheets may be
combined or separated for clarity:
Cover sheet
(1 sheet)
Sheet Index, Survey Control & Alignment Data
(1 sheet)
Legend and Abbreviations
(1 sheet)
Roadway Sections
(1 sheet)
Paving and Restoration Details
(3 sheets)
Drainage Details
(3 sheets)
Site Preparation and Erosion Control Plans
(6 sheets)
Sidewalk Plan and Profiles
(6 sheets)
Drainage Plan and Profiles
(6 sheets)
TOTAL = 28 sheets
6.8 The Consultant shall provide bid period services to include responses to bidder
inquiries, preparation of addenda, attendance at bid opening, preparation of bid
tabulation, and recommendation to award or reject the apparent low bidder. The
budget assumes a straight forward review process with the low bidder receiving the
contract award.
Deliverables
♦ 30% Plans (1/2 size) & estimate, 5 bound, 1 unbound copy, 1 electronic file in
PDF format
♦ 90% Plans (1/2 size), specifications & estimate, 5 bound, 1 unbound copy, 1
electronic file in PDF format
♦ Final Bid Documents, 10 bound copies 1/2 size Plans, 1 electronic file in PDF
format.
City of Tukwila
CV SRTS Phase 2
Page 5 of 6
KPG
1114/2010
61
Additional Services
The City may require additional services of the Consultant in order to advance all or portions
of the project corridor through final design and construction. This work may include items
identified in the current task authorizations as well other items, which may include, but are
not necessarily limited to the following:
♦ Obtaining title reports and providing final right of way / easement legal
descriptions
♦ Providing property appraisals and negotiations
♦ Providing additional permitting or environmental studies
♦ Providing additional design services
♦ Providing construction management services
These services will be authorized under a future contract supplement if necessary. At the
time these services are required, the Consultant shall provide a detailed scope of work and
an estimate of costs. The Consultant shall not proceed with the work until the City has
authorized the work and issued a notice to proceed.
City of Tukwila Page 6 of 6 KPG
CV SRTS Phase 2 111412016
62
Exhibit B
DBE Participation
NOT AI'I'LICABLE
Agreement Number:
WSDOT Form 140 -089 EF Exhibit B
Rovisod 1013012014
Page 1 of 1
63
m
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided ma),
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
AutoCAD Civil 3K - KPG Standards
B. Roadway Design Files
AutoCAD Civil 3K - KPG Standards
C. Computer Aided Drafting Files
AutoCAD Civil 3K - KPG Standards
Agreement Number:
WSDOT Form 140 -089 EF Exhibit G
Revised 1013012014
Page 1 of 4
65
D. Specify the Agency's Right to Review Product with the Consultant
As identified in Exhibit A.
E. Specify the Electronic Deliverables to Be Provided to the Agency
As identified in Exhibit A.
F. Specify What Agency Furnished Services and Information Is to Be Provided
As identified in Exhibit A.
Agreement Number:
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 1013012014
66
II. Any Other Electronic Files to Be Provided
As identified in Exhibit A
111. Methods to Electronically Exchange Data
4:>
Via email or FTP site
WSDO T Form 140-089 EF Exhibit C
Revised 1013012014
Page 3 of 4
67
A. Agency Software Suite
Microsoft Ofl-icc
1-3. Electronic Messaging System
Outlook
C'. File Transfers Format
As requested
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 1012012014
68
HOUR AND FEE ESTIMATE
Project: City of Tukwila
Cascade View Elementary
Safe Routes to School - Phase 2
EXHIBIT D
P Architecture P
Landscape Architecture
• C:i.'iI Engineering,. P
Task
Description
`Labor Hour Estimate
Project Senior Project Design Survey Senior Office
Manager Engineer Engineer Eng / LA Technician Crew Admin Admin
$ 184.79 $ 157.13 $ 113.12 $ 100.57 $ 81.72 $ 151.66 $ 106.86 $ 71.96
Total Budget
Budget
Task1 - Management/coordination /administration
1.1 Project administration 4 0 0 0 0 0 4 4 $ 1,454.46
1.2 Project management and coordination (6 months) 6 0 0 0 0 0 2 6 S 1,754.26
1.3 City staff design coordination meetings 8 4 8 0 0 0 0 4 S 3,299.69
1.4 QA /QC reviews 4 4 0 0 0 0 0 0 S 1,367.70
Mileage S
Reproduction $
Task Totals 22 8 8 0 0 0 6 14 S 7,876.11
Task 2 - Survey and Mapping
2.1 Establish alignment control 0 2 16 0 0 8 0 0 S 3,337.50
2.2 Field survey and note reduction 0 4 8 0 0 60 0 0 S 10,633.33
2.3 Prepare base maps and DTM 0 4 16 40 0 0 0 0 S 6,461.21
2.4 Coordinate utility locate services 0 0 2 4 0 0 0 0 S 628.52
2.5 Storm measuredowns 0 0 0 8 0 8 0 0 S 2,017.87
2.6 Pick up utility pothole information 0 0 0 8 0 8 0 0 S 2,017.87
Utility locate service S 5,000.00
Mileage S 100.00
Reproduction S 50.00
Task Totals 0 10 42 60 0 84 0 0 $ 30,246.29
Task 3 - Right of Way Calculations
3.1 Research records 0 2 8 0 0 8 0 4 $ 2,720,39
3.2 Calculations for ROW lines 0 2 16 24 0 0 0 0 $ 4.537.85
Mileage $
Reproduction S 50.00
Task Total 0 4 24 24 0 8 0 4 S 7,308.23
Task 4 - Public Outreach
4.1 Flyer for project description 0 2 0 0 4 0 0 4 S 928.97
4.2 Prepare for and attend community open house (1) 4 4 16 0 8 0 0 4 S 4,119.20
Mileage S 100.00
Reproduction S 200.00
Task Total 4 6 16 0 12 0 0 8 $ 5,348.17
1/25/2015
HOUR AND FEE ESTIMATE
Project: City of Tukwila
Cascade View Elementary
Safe Routes to School - Phase 2
EXHIBIT D
• Ards itccturc t
Landscapc Archicccturc.-
• Civ, 1:r+ Rir,certng
Task Description
'Labor Hour Estimate
Project Senior Project Design Survey Senior Office
Manager Engineer Engineer Eng / LA Technician Crew Admin Admin
S 184.79 $ 157.13 S 113.12 $ 100.57 S 81.72 $ 151.66 S 106.86 $ 71.96
Total Budget
Task 5 - Stormwater Preliminary Design and Alternatives Analysis
5.1 Compile and review available stormwater data
5.2 Drainage requirements analysis
5.3 Stormwater alternatives ID & development
5.4 Stormwater alternatives evaulation
5.5 Prepare summary technical memo
Mileage
Reproduction
Budget
0
0
1
2
1
2
2
4
4
4
4
4
8
8
8
0
0
12
4
8
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 $
O $
O $
O S
2 S
$
S
766.74
766 -74
2,925.11
2,305.35
2,666.75
50.00
50.00
Task Total 4 16 32 24 0 0 0 2 S 9,530.69
Task 6 - Final Plans, Specifications, and Estimates
6.1 Prepare Draft TIR 2 4 16 8 0 0 0 2 S 3.756.51
6.2 Prepare 30 °% Plans 8 20 40 80 60 0 0 8 S 22,669.93
6.3 Prepare Final TIR 0 2 8 4 0 0 0 2 $ 1,765.42
6.4 Prepare 90% Plans 16 20 40 80 40 0 0 8 $ 22,513.98
6.5 Prepare Specifications (90 %. Final) 4 8 40 8 0 0 0 8 $ 7,901.29
6.6 Quantity and cost estimating (30 %, 90 %, Final) 4 8 8 8 4 0 0 0 $ 4,032.59
6.7 Finalize Bid Documents 4 10 40 24 16 0 0 8 S 11,132.10
6.8 Bid Period Services 2 8 8 8 0 0 0 4 S 3,623.99
Mileage S 500.00
Reproduction 3 1,000.00
Task Total 40 80 200 220 120 0 0 40 $ 78,895.81
Total Estimated Fee: $ 139,205.30
Hourly rates are based on the following:
Direct Salary Costs S 70.67 $ 60.09 $ 43.26 $ 38.46 $ 31.25 8 58.00 $ 40.87 $ 27.52
Overhead Rate 131.49%
Fixed Fee 30%
1/25/2015
Totals
50, 520.21
66, 429.03
15,156.06
Exhibit E
Sub - consultant Cost Computations
There isn't any sub- consultant participation at this time. The CONSULTANT shall not sub- contract for
the performance of any work under this AGREEMENT without prior written permission of the AGENCY.
Refer to section VI "Sub- Contracting" of this AGREEMENT.
Agreement Number:
WSDOT Form 140 -089 EF Exhibit E
Revised 10/30/2014
Page 1 of 1
71
72
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULIANF, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "RE(iULATIONS "),
which are herein incorporated by reference and made a part of this AGREEMENT.
Non - discrimination: The CONSUhIANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
Of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
Solicitations for Sub- consultants, Including Procurement of Materials and F,quipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement ofmaterials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSUL;IANT o.f the CONSUL'IANT's obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTAN'I' shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of-information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal highway Administration (Fl IWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FIIWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
Sanctions for Non - compliance: In the event of the CONSULTANT's non - compliance with the non -
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FI,IWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and /or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub - consultant or procurement as the STATE, the AGENCY or Fl IWA may direct as a means
of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and /or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement NLnnl)et':
WSDOT Form 140 -089 EF Exhibit F Page 1 of 1
Revised 1013012014
73
74
Exhibit G
Certification Documents
f 'Ahl bi t G -1(a) Certification of Consultant
Exhibit G- I (b) Certification of
Exhibit GT-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number
WSDOT Form 140-089 EF Exhibit G
Revised 10l30I2014
Page I of 1
75
Exhibit G-1(a) Certification of Consultant
l hereby certify that lu/nthe and duk' authorized representative o[the firm of
KYG,|no.
whose address in
75] 9th Ave N, Seattle W/\ 98109
and that neither the above firin nor I have:
a) Employed o/retained For aoononniaaion, percentage, brokerage, contingent fee, or other consideration,
any fionnr person (other than u bona fide erriployee working solely for nncnr the above C(BNSU[lANT)
to solicit or secure this AGREEMENT;
b) Agreed. uxmo express nrimplied condition for obtu nin� this cnnbLemploy ��io �nk�v or retain d nj
�c services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, magreed to pay, to any firm, organization or person (other than u bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration ofany kind for, or in
oonnec{on with, procuring or carrying out this AGREEMENT; except om hereby expressly stated (if unv\,
l acknowledge that this certificate ixbobc furnished tothe City nfTukwila
and the Federal Higbna} Administration, U.S. Department ofTransportation in connection with this
/\L}KE[MENTbnvolvin(I.,nudicipu1ioo o[pedern\-aid hiobvvmy funds., and is subject to applicable State and
Federal laws, bodhoinziou and civil.
KJPGloc.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
A�ennnm Number:
kvSoOr Form Y40'00gB= Exhibit G page YofY
Revised 101.3n12014
Exhibit G -1(b) Certification of Agency Official
I hereby certify that I am the:
❑ Other
of the , and
or its representative has not been rewired, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or• consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the
and the Federal Il,ighway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature
WSDOT Form 140 -089 EF Exhibit G
Revised 1 n/30/2nl4
Date
Agreement Number:
Page 1 of 1
77
Exhibit G -2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. flavc not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti -trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
KPG, Inc.
Consultant (Firm Name)
zol 4
Signature (Authorized Official of Consultant) Date
Agreement Number:
WSDOT Form 140 -089 EF Exhibit G Page 1 of 1
78 Revised 1013012014
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by in000dsuboni this bid or proposal, io the best of Ills orher
know)cJnc and belief, that:
No Federal appropriated fundmhovcbocnpuidor*iDbepaid,hroronbcbofo[Uhcuudcmigncd,1onny
person for inflLicricing or attempting to inflLience an officcr or employee of any Federal agency, aMember
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan.
the entering into of any cooperative AGREEMENT' and the extension, continuation, renewal, umendrncoi,
or modification ofFederal contract, grant, loan or cooperative AGREWENT.
2. )[ any Donda other than Federal appropriated fundohuvcbounpojdozp/U|bepub11oonyperaouthr
influencing or attempting k, influence uu officer nr employee o[aoy Federal agency, u Member o[Congress,
an officer or ernployce of Congress, or all employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGRE'EMENT, the undersigned shall complete and submit
Standard Form - LLL, "Discloslire Form to Report Lobbying," in accordance with its instructions.
This certification ioumaterial ocprexcn<o1iou of fact upon which reliance was placed when this transaction
was made or entered Into. SlAbrnisslon of this ccrtification is a prerecliiisite I-or making or entering into
this transaction imposed hxSection 1352, Title Jl,D.S.Code. Any person who fails 1n file the required
certification mhd| bcnubicotknocivi| penalty of not |caa than $|01K)U.OU, and not more than $lU0,000.O0`
for each such failure.
The prospective participant ulsougrceahvaubmittiugbisorhcrbidnrpropomaJdbm1bcorahouhmUrcgoirc
that the }unguaQeo[1hisoodUinution6oiuc]odcdLuuU|ov/crboraub-oouiruuta,v/hicb exceed $}OO`OU0,
and that all souhnn6'cecipicuiy sbu|| certify and disclose accordingly.
}{P0,luu.
Consultant (Firm Name)
Signature (Authorized Official of Consultant) Date
A()reement Number:
mSooT Form /4o-0V9EF Exhibit G
nwvi-qou/uoo/zu/4
Page I of I
Exhibit G -4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as delincd in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 1 5.403 -4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of Cascade Elementary Safe Routes to School * are accurate, complete, and current
as of
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: KPG, Inc.
Vf—, cwt z �k
Signature Title
Date of Execution * * *: \ t -,y t -ZZ:. k
*Identify the proposal„ quotation, request for pricing ad ustrnent, or other submission invotwd, giving the appropriate identifying number (e.g. project title.)
"Insert the day, month, and year, when price negotiations were concluded and price AGRGTMENT was reached.
** *Insert the day, month, and year, of signing, which should he as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to_
Agreement Number:
WSDOT Form 140 -089 EF Exhibit G Page 1 of 1
Revised 1013012014
80
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSUL'I'ANT to the AGENCY identified in Section XIII, Legal Relations
and Insurance of this Agreement is amended to $ NOT APPLICABLE
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $ NOT APPLICABLE
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self- insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self- insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fiend, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FIIWA) for approval to increase the minimum insurance limit.
If FIIWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $ NOT APPLICABLE
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number:
WSDOT Form 140 -089 EF Exhibit H
Revised 1013012014
Page 1 of 1
i
m
Exhibit
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Fngineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineers concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design eiTor(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff'should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub - consultants)
deemed appropriate for the alleged design crror(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
crror(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design en-or(s). If this is the case,
then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design crror(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number:
WSDOT Form 140 -089 EF Exhibit I
RPvispd 10/30/2014
Page 1 of 2
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FIIWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, IT will request assistance from the Attorney General's Office
for legal interpretation. IT will also identify how the alleged crror(s) affects eligibility of project costs
For federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHVJA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• I F rrlutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number:
WSDOT Form 140 -089 EF Exhibit I Page 2 of 2
Revised 1013012014
84
Exhibit J
Consultant Claim Procedures
The purpose ofdbisexhiN1ishdcscdbcupmccdure ng,daim(s)oou consultant cgmecmcnL The kdlwwizg
procedures should only hcuiUizedon consultant claims greater than $|,000. |f the consultant's u\uim(s) are atotal
o[$|,OOOor less, i\ would not bo cost effective to proceed through the outlined steps. 11io suggested that the
Director o[Yub}iu Works orAgency Enoinoerocgo1io10 a fair and reasonable price for the consultant's c|oino(a)
that total S],U0Oorless.
']'his exhibit will Outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step I Consultant Files a Claim with the Agency Project Manager
|F the consultant determines that they were n:quea8ed1n perform additional services that were Outside
oftlic agreement's scope ofwork, they may be entitled to a claim. The first step that nnuutbccompleted
ix the request for consideration o[ihc claim to the Agency's project munagcr.
The consultant's o)ojnn on/xt outline the K)||oxdng:
^ Summation of hours by classification tor each firm that is included in the claim,
. Any correspondence that directed the consultant to perform the additional work;
• Tloocfrannc of the additional work that was outside ofthe project scope;
• 3ucunuury o{ direct labor dollars, overhead costs, profit and ccinnhuzouh1e costs uusnuin\ed with
°
Explanation as to why the consultant believes the additional work was outside of the agreement
scope o[work.
Step Revie-vi, by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
&8cr the consultant has oornp/ctcd step l, the ocx1 stop in the process is to forward the request 10 the
/\ucncy`x project uonnogcr The project manager will review the consultant's c|uhn and will met with the
Director o[Public Works or Agency Engineer to determine if the Agency agrees with the claim. lfthe
FB9/y` is participating in the project's funding, tbrvnacd o copy of the cnosub:ut'x o|oirn and the Agency's
recommendation for federal participation in the c|uinu 10 the WSl)0TLocal Programs through the Region
Local Programs Engineer. |f the claim ia not eligible for federal participation, payment will need to be from
ugcncy[uoda.
I[dzc Agency project manager, Director ofyubLc Works nr Agency Engineer, \VS|}(}TLocal Programs
(if applicable), and rll\\A (if applicable) agree with the consultant's claim, send urequest onono, including
backup documentation to the consultant tV either oupp|enncot the agreement, or create u new agreement
for the claim. After the request has been approved, the Agency shall write the Supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the ogrc000eu1 is sub �eu1to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to stop 3 of the procedures.
A(li,ceinent Number:
vuSD0r Form /4V-089EFExhibit J
Revised 10/30/2014
Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures), If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and hNWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claims)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount
of the. claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number:
WSDOT Form 140 -089 EF Exhibit J Page 2 of 2
Revised 1013012014
86
HOUR AND FEE ESTIMATE
Project: City of Tukwila
Cascade View Elementary
Safe Routes to School - Phase 2
EXHIBIT B
KPG
• Architecture •
Landscape Architecture
• Civil Engineering •
Task Description
*Labor Hour Estimate
Total Budget
Project
Manager
$ 184.79
Senior
Engineer
$ 157.13
Project Design
Engineer Eng / LA Technician
$ 113.12 $ 100.57 $ 81.72
Survey
Crew
$ 151.66
Senior
Admin
$ 106.86
Office
Admin
$ 71.96
Budget
Task 5 - Stormwater Preliminary Design and Alternatives Analysis
5.1 Compile and review available stormwater data 0
5.2 Drainage requirements analysis
5.3 Stormwater alternatives ID & development
5.4 Stormwater alternatives evaulation
5.5 Prepare summary technical memo
Mileage
Reproduction
Task Total
0
1
2
2
2
4
4
4
4
4
8
8
8
0
0
0
0
0
766.74
766.74
2,925.11
2,305.35
2,666.75
50.00
50.00
4 16
32
24
0
0
9,530.69
Task 6 - Final Plans, Specifications, and Estimates
6.1 Prepare Draft TIR
6.2 Prepare 30% Plans
6.3 Prepare Final TIR
6.4 Prepare 90% Plans
6.5 Prepare Specifications (90 %, Final)
6.6 Quantity and cost estimating (30 %, 90 %, Final)
6.7 Finalize Bid Documents
6.8 Bid Period Services
Mileage
Reproduction
2
8
0
16
4
4
4
2
4
20
2
20
8
8
10
8
16 8
40 80
8 4
40 80
40 8
8 8
40 24
8 8
0
60
0
40
0
4
16
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2 $ 3,756.51
8 $ 22,669.93
2 $ 1,765.42
8 $ 22,513.98
8 $ 7,901.29
0 $ 4,032.59
8 $ 11,132.10
4 $ 3,623.99
$ 500.00
$ 1,000.00
Task Total
40 80 200 220
120 0 0
40
$ 78,895.81
Total Estimated Fee: $ 138,205.30
8/11/2015
..
Mlej
TRANSPORTATION COMMITTEE
Meeting Minutes
City Council Transportation Committee
February 1, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building
Councitmembers: Dennis Robertson, Chair; Verna Seal (Absent: De'Sean Quinn)
Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Gail Labanara, Pat
Brodin, Dave Sorensen, Grant Griffin, Peggy McCarthy, Laurel Humphrey
Guest: Jade Mott
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
BUSINESS AGENDA
A. Consultant Selection: Cascade View Safe Routes to School Phase II
Staff is seeking Council approval of a contract with KPG, Inc. in the amount of $138,205.30 for
design of the Cascade View Safe Routes to School Phase II Project. This phase will construct a
traffic circle at 33rd Avenue South /South 140th Street and sidewalks on the east side of 33rd
Avenue South between South 140th Street and South 144th Street and the south side of South
140th Street between Military Road South and 34th Avenue South. The project is largely funded
by federal Safe Routes to School grant money. MAJORITY APPROVAL. FORWARD TO
FEBRUARY 8, 2016 COMMITTEE OF THE WHOLE.
B. Project Completion: 2015 Overlay and Repair Program
Staff is seeking Council approval of project completion and release of the retainage bond to
Miles Construction in the amount of $1,288,587.45 for the 2015 Overlay and Repair Project. This
project provided hot mix asphalt paving and street improvements at seven locations and a
portion of the parking lot at Fort Dent Park. Construction was completed on November 12, 2015.
MAJORITY APPROVAL. FORWARD TO FEBRUARY 16, 2016 REGULAR CONSENT AGENDA.
C. SUDDlemental Agreement: Boeinp- Access _Road over BNRR Bridge Rehab Proiect
Staff is seeking Council approval of Supplemental Agreement No. 3 with Jacobs Engineering
Group, Inc. in the amount of $52,805.00 for design of the Boeing Access Road over BNRR
Rehabilitation Project. The original contract was signed in October 2013 and has been delayed
due to railroad plan reviews and negotiations with BNSF forthe Construction and Maintenance
Agreement. Inclusion of this supplement brings the contract total to $1,070,577 and is still
within the approved design budget of $1,353,000.00. MAJORITY APPROVAL. FORWARD TO
FEBRUARY 16, 2016 REGULAR CONSENT AGENDA.
we
•c
Upcoming Meetings & Events
February 2016
8th (Monday)
9th (Tuesday)
10th ednesda
llth (Thursday)
12th Frida
13th (Saturday)
➢ Community
➢ Utilities Cmte,
➢ Park
➢ COPCAB,
Restore the
Council Chat
Affairs & Parks
5:30 PM
Commission,
6:30 PM
Duwamish
10:00 AM to
Cmte,
(Foster
5:30 PM
(Duwamish
Shoreline
12:00 NOON
5:30 PM
Conference
(Community
Conference
Challenge
Stop by and informally
(Ilacehtut
Room)
Center)
Room)
1:00 PM — 4:00
talk with a Tukwila City
Conference
PM
Councilmember about
Room)
Meet the Green
anything on your mind
➢ Tukwila
River Trail
River (a)
regarding Tukwila.
International
BECU Campus
Foster Golf Links
➢ City Council
Boulevard
(12770 Gateway
Clubhouse
(13500Interurbm Ave S)
Committee of
Action Cmte,
Drive)
the Whole Mtg.,
7:00 PM
For information
7:00 PM
(Valley View
visit:
(Council
Sewer Dist.,
www,forterra.org/
Chambers)
3460 S 148th)
events
Special
Election
VOTE! Q
January I 1 thru April 21: Free income tax preparation assistance available at Tukwila Community Center
Tuesday /Thursday: 5:00 — 8:00 PM, Saturday: 10:00 AM — 2:00 PM
Visit www.uwkc.org/taxhelp or call 800- 621 -4636
15th (Monday)
16th (Tuesday)
17th (Wednesday)
18th (Thursday)
19th (Friday)
20th (Saturday)
Presidents Day
% Transportation
➢ Finance &
➢ Tukwila
Duwamish
Cmte,
Safety Cmte,
Historical
Preserve Work
City offices closed
5:30 PM
5:30 PM
Society,
Part y
(Foster
(Tla:elnut
7.00 PM
9:00 AM — 12:00 PM
Conference
Conference
(Tukwila
(3800 S. l " St)
Room)
Room)
Heritage &
For additional
Cultural
information Visit
➢ Reception for
Center, 14475
n
Ave )
59' S
www. forterra. orPJ
events
i
new employees
4
6:30 PM
(Council
Chambers
Lobby)
➢ City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
➢ Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Dave Johnson at 206- 767 - 2308.
➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. (A) An update on the Carbon Reduction Action
Agenda. (B) An ordinance updating wireless communication facilities regulations. (C) An overview of the Minor Home Repair
Program.
➢COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room.
Contact Chris Partman at 206 - 431 -2197
➢ Equity & Diversity Commission: I st Thurs., 5:15 PM, I Iazelnut Conf. Room. Contact Joyce Tramina at 206- 433 -1868.
➢Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room.
➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Tracy Gallaway at 206- 767 -2305.
➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206- 767 -2332.
Planning Commission /Board of Architectural Review: 4`h 'I'hurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta
Bivens at 206- 431 -3670
➢Transportation Committee: I st & 3rd Mon., 5:30 PM, Foster Conf. Room
➢Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59° Avenue S.
Contact Louise Jones -Brown at 206 - 244 -4478.
➢Tukwila Int'l. Blvd. Action Cmte: 2nd'Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206 -433 -1815.
➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room (A) Waste Management 2015 Annual Report. (B) Valley View
,Sewer District Loop Area Sewers Project Opdate.
91
Tentative Agenda Schedule
MONTH
MEETING 1-
MEETING 2 -
MEETING 3 -
MEETING 4 -
REGULAR
C.O.W.
REGULAR
C.O.W.
February
1
8
16 (Tuesday)
22
See agenda packet
Special Presentations:
Special Presentations:
-New employee
ADA Transition Plan
cover sheet for this
week's agenda
introductions:
progress report.
(February 8, 2016
Police Department:
Committee of the Whole
Introduction and
Meeting).
Oath of Office to
Public Hearin:
Officer Arthur
Osterly Park
Stephenson (Badge
Townhomes Phase I
#221) and Officer
Final Subdivision
Ryota Akimoto
Approval.
(Badge #226).
Court: Candace
Special Issues:
Morrison, Judicial
Osterly Park
Support Associate II.
Townhomes Phase I
Department of
Final Subdivision
Community
Approval.
Development: Valerie
Lonneman, Assistant
Planner.
-2015 Annual Report.
Committee of the
Consent Agenda:
Whole meeting to be
-An update on
followed by a Special.
Tukwila Municipal
Meeting.
Code (TMC) Title 5,
Business Licenses and
Regulations.
-An ordinance
amending various
business license and
regulations sections of
the Tukwila
Municipal Code.
-A resolution
adopting a business
license fee schedule.
Unfinished Business:
Consultant Selection
and Agreement for
Cascade View Safe
Routes to School Phase
II.
March
7
14
21
28
Special Meeting:
Consent Agenda:
Lease agreement with
the Tukwila Historical
Society for the Old City
Hall facility.
Unfinished Business:
Osterly Park
Townhomes Phase I
Final Subdivision
Approval.
92